Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1028 Barcode 824852 LEGISLATIVE ACTION Senate . House Comm: WD . 04/08/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Soto) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. This act may be cited as the “Fracturing 6 Chemical Usage Disclosure Act.” 7 Section 2. Section 377.45, Florida Statutes, is created to 8 read: 9 377.45 Hydraulic fracturing chemical registry.— 10 (1) As used in this section, the term “department” means 11 the Department of Environmental Protection. 12 (2) The department shall designate or establish an online 13 hydraulic fracturing chemical registry for all wells on which 14 hydraulic fracturing treatments are performed. The department 15 may designate the FracFocus Chemical Disclosure Registry, 16 developed by the Ground Water Protection Council and the 17 Interstate Oil and Gas Compact Commission, as the state’s 18 official registry. 19 (a) Except as provided in subsection (4), within 60 days 20 after the cessation of hydraulic fracturing operations, the 21 operator shall report to the chemical registry and notify the 22 department of all wells on which hydraulic fracturing treatments 23 are performed. 24 (b) The operator shall report to the chemical registry, at 25 a minimum, the total volume of water used in the hydraulic 26 fracturing treatment and each chemical ingredient that is 27 subject to 29 C.F.R. s. 1910.1200(g)(2) for each well on which 28 hydraulic fracturing treatments are performed, as provided by a 29 service company or chemical supplier, or by the well owner or 30 operator if the owner or operator provides such chemical 31 ingredients. For purposes of this subsection, the department may 32 not require chemical ingredients to be identified by 33 concentration or based on the additive in which they are found. 34 (c) The department must provide a link to FracFocus, the 35 national hydraulic fracturing chemical registry website, through 36 the department’s website. 37 (d) If the FracFocus Chemical Disclosure Registry is unable 38 to accept and make publicly available any of the information 39 specified in this section, the operator shall submit the 40 information to the department. 41 (3)(a) The owner or operator of a well on which a hydraulic 42 fracturing treatment is performed shall update the chemical 43 registry and notify the department of any chemical ingredients 44 not previously reported which are intentionally included and 45 used for the purpose of creating a hydraulic fracturing 46 treatment for the well. 47 (b) Pursuant to this section, the service company that 48 performs a hydraulic fracturing treatment on a well, or a 49 supplier of an additive used in a hydraulic fracturing treatment 50 on a well, must disclose to the owner or operator of the well 51 the chemical ingredients used to perform the treatment. 52 (4) This section does not apply to ingredients that: 53 (a) Were not purposefully added to the hydraulic fracturing 54 treatment. 55 (b) Occur incidentally or are otherwise unintentionally 56 present in the treatment. 57 (c) Are not disclosed to the well owner or operator by a 58 service company or supplier. 59 (5) The department may adopt rules to administer this 60 section. 61 Section 3. This act shall take effect July 1, 2013. 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete everything before the enacting clause 66 and insert: 67 A bill to be entitled 68 An act relating to hydraulic fracturing; providing a 69 short title; creating s. 377.45, F.S.; providing a 70 definition; creating the Fracturing Chemical Usage 71 Disclosure Act; directing the Department of 72 Environmental Protection to designate or establish an 73 online hydraulic fracturing chemical registry; 74 requiring owners and operators of wells on which a 75 hydraulic fracturing treatment is performed to update 76 certain information in the chemical registry and to 77 notify the department of such updates; requiring 78 certain service companies and suppliers to disclose 79 certain information; providing exceptions; authorizing 80 the department to adopt rules; providing an effective 81 date.