Florida Senate - 2013                                    SB 1028
       By Senator Clemens
       27-00778-13                                           20131028__
    1                        A bill to be entitled                      
    2         An act relating to the Fracturing Chemical Usage
    3         Disclosure Act; creating such act and providing a
    4         short title; creating s. 377.45, F.S.; directing the
    5         Division of Resource Management of the Department of
    6         Environmental Protection to establish an online
    7         hydraulic fracturing chemical registry; requiring
    8         owners and operators of wells on which a hydraulic
    9         fracturing treatment is performed to disclose certain
   10         information; requiring certain service companies and
   11         suppliers to disclose certain information; providing
   12         exceptions; authorizing the division to adopt rules;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. This act may be cited as the “Fracturing
   18  Chemical Usage Disclosure Act.”
   19         Section 2. Section 377.45, Florida Statutes, is created to
   20  read:
   21         377.45 Hydraulic fracturing chemical registry.—
   22         (1)(a) The division shall establish and maintain an online
   23  hydraulic fracturing chemical registry for all wells on which
   24  hydraulic fracturing treatments are performed.
   25         (b) The registry shall include, at a minimum, the total
   26  volume of water used in the hydraulic fracturing treatment and
   27  each chemical ingredient that is subject to 29 C.F.R. s.
   28  1910.1200(g)(2), for each well on which hydraulic fracturing
   29  treatments are performed, as provided by a service company or
   30  chemical supplier, or by the well owner or operator if the owner
   31  or operator provides such chemical ingredients. The division 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 registry and the information provided pursuant to
   35  this subsection must be accessible to the public through the
   36  division’s website.
   37         (2)(a) The owner or operator of a well on which a hydraulic
   38  fracturing treatment is performed shall report information as
   39  required by the division. The well owner or operator must notify
   40  the division of any chemical ingredients not previously reported
   41  that are intentionally included and used for the purpose of
   42  creating a hydraulic fracturing treatment for the well.
   43         (b) A service company that performs a hydraulic fracturing
   44  treatment on a well or a supplier of an additive used in a
   45  hydraulic fracturing treatment on a well must disclose the
   46  chemical ingredients used to perform the treatment to the owner
   47  or operator of the well pursuant to this section.
   48         (3) This section does not apply to ingredients that:
   49         (a) Were not purposefully added to the hydraulic fracturing
   50  treatment.
   51         (b) Occur incidentally or are otherwise unintentionally
   52  present in the treatment.
   53         (c) Are not disclosed to the well owner or operator by a
   54  service company or supplier.
   55         (4) The division may adopt rules to administer this
   56  section.
   57         Section 3. This act shall take effect July 1, 2013.