H1943B2477A03928 DMS:EJH 04/08/24 #90 A03928
AMENDMENTS TO HOUSE BILL NO. 1943
Sponsor: REPRESENTATIVE VITALI
Printer's No. 2477
Amend Bill, page 1, lines 2 and 3, by striking out "further
providing for hydraulic" in line 2 and all of line 3 and
inserting
providing for downhole operation chemical disclosure.
Amend Bill, page 1, lines 6 through 17; pages 2 through 6,
lines 1 through 30; page 7, lines 1 through 9; by striking out
all of said lines on said pages and inserting
Section 1. Title 58 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3222.2. Downhole operation chemical disclosure.
(a) Duty to file report with department.--Notwithstanding
any other provision in this subchapter or other law to the
contrary, a person may not commence downhole operations in an
unconventional gas well unless at least 30 days prior to the
commencement of the downhole operations the person files a
report with the department that contains the following
information for each well:
(1) An alphabetical list of the names and chemical
abstract service numbers of all chemicals to be used in the
downhole operations.
(2) Latitude and longitude of the well.
(3) The county where the well is located.
(4) American Petroleum Institute well number and United
States well number, if applicable.
(b) Duty of department.--The department shall post on a
publicly accessible Internet website the information reported
under subsection (a). The department shall not include in the
chemical disclosure list:
(1) the trade name of a chemical product used in
downhole operations at the well site; or
(2) the total amount of a chemical in a chemical
product.
(c) Confidentiality.--Notwithstanding any law to the
contrary, the department shall include the name and chemical
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abstract service number of all chemicals used in downhole
operations on a publicly accessible Internet website and may not
deem the names or chemical abstract service number of any
chemical as a trade secret or proprietary information under the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law. The department shall maintain confidentiality of a
formula or process reported under this section.
(d) Duty of chemical manufacturer.--If a person cannot
disclose a complete list of chemicals used in downhole
operations as required under subsection (a), the chemical
manufacturer shall provide a complete list of names and chemical
abstract service numbers to the department.
(e) Construction.--Notwithstanding any law to the contrary,
nothing in this section or the rules promulgated by the
Environmental Quality Board under this section shall be
construed to prevent the department, the Commonwealth or a local
government from collecting under any other provision of law
chemical disclosure information from a person required to comply
with this section.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Downhole operations." Oil and gas production operations
that are conducted underground, including drilling and hydraulic
fracturing.
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