Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1028
                                Barcode 411302                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2013           .                                

       The Committee on Environmental Preservation and Conservation
       (Soto) recommended the following:
    1         Senate Amendment (with title amendment)
    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) For the purposes of this section, “department” means
   11  the Department of Environmental Protection.
   12         (2)(a) The department shall establish and maintain an
   13  online hydraulic fracturing chemical registry for all wells on
   14  which hydraulic fracturing treatments are performed.
   15         (b) The registry shall include, at a minimum, the total
   16  volume of water used in the hydraulic fracturing treatment and
   17  each chemical ingredient that is subject to 29 C.F.R. s.
   18  1910.1200(g)(2) for each well on which hydraulic fracturing
   19  treatments are performed by a service provider or vendor or by
   20  the well owner or operator if the owner or operator provides
   21  such chemical ingredients. Solely for the purposes of this
   22  subsection, the department may not require chemical ingredients
   23  to be identified by concentration or based on the additive in
   24  which they are found.
   25         (c) The department shall provide a link through the
   26  department’s website to FracFocus.org, the national hydraulic
   27  fracturing chemical registry website operated by the Ground
   28  Water Protection Council and the Interstate Oil and Gas Compact
   29  Commission.
   30         (d) If the Chemical Disclosure Registry is unable to accept
   31  and make publicly available any information specified in this
   32  section, the well owner or operator shall submit the information
   33  to the department.
   34         (3) A service provider, vendor, or well owner or operator
   35  shall:
   36         (a) Report information as required by the department with
   37  respect to wells on which a hydraulic fracturing treatment is
   38  performed.
   39         (b) Notify the department of any chemical ingredients not
   40  previously reported that are intentionally included and used for
   41  the purpose of hydraulically fracturing a well.
   42         (4) This section does not apply to ingredients that:
   43         (a) Were not purposefully added to the hydraulic fracturing
   44  treatment.
   45         (b) Occur incidentally or are otherwise unintentionally
   46  present in the treatment.
   47         (5) The department may adopt rules to administer this
   48  section.
   49         Section 3. This act shall take effect July 1, 2013.
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to the Fracturing Chemical Usage
   57         Disclosure Act; creating such act and providing a
   58         short title; creating s. 377.45, F.S.; directing the
   59         Department of Environmental Protection to establish an
   60         online hydraulic fracturing chemical registry;
   61         requiring owners and operators of wells on which a
   62         hydraulic fracturing treatment is performed to
   63         disclose certain information; requiring certain
   64         service providers and vendors to disclose certain
   65         information; providing for applicability; authorizing
   66         the department to adopt rules; providing an effective
   67         date.