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)
    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.
   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.