THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRADFORD, BRENNAN, BRIGGS, CALTAGIRONE, CARROLL, DAVIS, DeLUCA, DERMODY, FABRIZIO, FREEMAN, GEORGE, HORNAMAN, JOSEPHS, MAHONEY, MARKOSEK, MULLERY, M. O'BRIEN, PAYTON, QUINN, ROEBUCK, SABATINA, DEAN, TRUITT, WILLIAMS, YOUNGBLOOD AND MUNDY, MAY 31, 2012

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 31, 2012  

AN ACT

Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated

Statutes, in development, further providing for hydraulic

fracturing chemical disclosure requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3222.1(b)(10) and (11) of Title 58 of the

Pennsylvania Consolidated Statutes, added February 14, 2012

(P.L.87, No.13), are amended to read:

§ 3222.1.  Hydraulic fracturing chemical disclosure

requirements.

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(b)  Required disclosures.--

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(10)  A vendor, service company or operator shall

identify the specific identity and amount of any chemicals

claimed to be a trade secret or confidential proprietary

information to any health professional who requests the

information [in writing if the health professional executes a

confidentiality agreement and provides a written statement of

need for the information indicating all of the following:

(i)  The information is needed for the purpose of

diagnosis or treatment of an individual.

(ii)  The individual being diagnosed or treated may

have been exposed to a hazardous chemical.

(iii)  Knowledge of information will assist in the

diagnosis or treatment of an individual].

The health professional may disclose the information received

from a vendor, service company or operator to any person that

the health professional determines is necessary for the

diagnosis or treatment of an individual, including, but not

limited to, another health professional, a patient and a

public health official.

(11)  If a health professional determines that a medical

emergency exists and the specific identity and amount of any

chemicals claimed to be a trade secret or confidential

proprietary information are necessary for emergency

treatment, the vendor, service provider or operator shall

immediately disclose the information to the health

professional [upon a verbal acknowledgment by the health

professional that the information may not be used for

purposes other than the health needs asserted and that the

health professional shall maintain the information as

confidential. The vendor, service provider or operator may

request, and the health professional shall provide upon

request, a written statement of need and a confidentiality

agreement from the health professional as soon as

circumstances permit, in conformance with regulations

promulgated under this chapter]. The health professional may

disclose the information received from a vendor, service

company or operator to any person that the health

professional determines is necessary for emergency treatment,

including, but not limited to, another health professional, a

patient and a public health official.

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Section 2.  This act shall take effect in 60 days.