| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY JOHNSON, MILLARD, D. COSTA, FREEMAN, TRUITT, WAGNER, MURPHY, WHEATLEY, VULAKOVICH, MUNDY, MULLERY, CALTAGIRONE, DONATUCCI, MURT, THOMAS, READSHAW AND GOODMAN, JUNE 17, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 17, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An |
2 | act providing for safe drinking water; imposing powers and |
3 | duties on the Department of Environmental Resources in |
4 | relation thereto; and appropriating certain funds," further |
5 | providing for definitions; and providing for disclosure of |
6 | chemicals used in hydraulic fracturing. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The title of the act of May 1, 1984 (P.L.206, |
10 | No.43), known as the Pennsylvania Safe Drinking Water Act, is |
11 | amended to read: |
| AN ACT |
12 | Providing for safe drinking water; imposing powers and duties on |
13 | the Department of Environmental [Resources] Protection in |
14 | relation thereto; and appropriating certain funds. |
15 | Section 2. The definitions of "department," "secretary" and |
16 | "State agency" in section 3 of the act are amended to read: |
17 | Section 3. Definitions. |
18 | The following words and phrases when used in this act shall |
|
1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Department." The Department of Environmental [Resources] |
5 | Protection. |
6 | * * * |
7 | "Secretary." The Secretary of the Department of |
8 | Environmental [Resources] Protection. |
9 | "State agency." Any State department, board, commission or |
10 | agency other than the Department of Environmental [Resources] |
11 | Protection. |
12 | * * * |
13 | Section 3. The act is amended by adding a section to read: |
14 | Section 11.1 Disclosure of hydraulic fracturing chemicals. |
15 | (a) Disclosure.--Any person using hydraulic fracturing must |
16 | disclose to the department, the chemical constituents, but not |
17 | the proprietary chemical formulas, used in the fracturing |
18 | process. |
19 | (b) Disclosure of chemical constituents.--The department |
20 | shall make available to the public the information contained in |
21 | each disclosure of chemical constituents under subsection (a), |
22 | including by posting the information on the department's |
23 | Internet website. |
24 | (c) Immediate disclosure in case of emergency.-- |
25 | (1) In any case in which the department or appropriate |
26 | health care provider determines that a medical emergency |
27 | exists and the proprietary chemical formula or specific |
28 | chemical identity of a trade secret chemical used in |
29 | hydraulic fracturing is necessary for emergency or first aid |
30 | treatment, the applicable person using hydraulic fracturing |
|
1 | shall immediately disclose to the department or appropriate |
2 | health care provider, as applicable, the proprietary chemical |
3 | formula or specific chemical identity of a trade secret |
4 | chemical, regardless of the existence of a written statement |
5 | of need or a confidentiality agreement. |
6 | (2) A person using hydraulic fracturing that makes a |
7 | disclosure required under paragraph (1) may require the |
8 | execution of a written statement of need and a |
9 | confidentiality agreement as soon as practicable after the |
10 | determination by the department or health care provider under |
11 | paragraph (1). |
12 | Section 4. This act shall take effect in 60 days. |
|