Florida Senate - 2013                             CS for SB 1028
       By the Committee on Environmental Preservation and Conservation;
       and Senator Clemens
       592-04033-13                                          20131028c1
    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         Department of Environmental Protection to establish an
    6         online hydraulic fracturing chemical registry;
    7         requiring owners and operators of wells on which a
    8         hydraulic fracturing treatment is performed to
    9         disclose certain information; requiring certain
   10         service providers and vendors to disclose certain
   11         information; providing for applicability; authorizing
   12         the department to adopt rules; providing an effective
   13         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) For the purposes of this section, “department” means
   23  the Department of Environmental Protection.
   24         (2)(a) The department shall establish and maintain an
   25  online hydraulic fracturing chemical registry for all wells on
   26  which hydraulic fracturing treatments are performed.
   27         (b) The registry shall include, at a minimum, the total
   28  volume of water used in the hydraulic fracturing treatment and
   29  each chemical ingredient that is subject to 29 C.F.R. s.
   30  1910.1200(g)(2) for each well on which hydraulic fracturing
   31  treatments are performed by a service provider or vendor or by
   32  the well owner or operator if the owner or operator provides
   33  such chemical ingredients. Solely for the purposes of this
   34  subsection, the department may not require chemical ingredients
   35  to be identified by concentration or based on the additive in
   36  which they are found.
   37         (c) The department shall provide a link through the
   38  department’s website to FracFocus.org, the national hydraulic
   39  fracturing chemical registry website operated by the Ground
   40  Water Protection Council and the Interstate Oil and Gas Compact
   41  Commission.
   42         (d) If the Chemical Disclosure Registry is unable to accept
   43  and make publicly available any information specified in this
   44  section, the well owner or operator shall submit the information
   45  to the department.
   46         (3) A service provider, vendor, or well owner or operator
   47  shall:
   48         (a) Report information as required by the department with
   49  respect to wells on which a hydraulic fracturing treatment is
   50  performed.
   51         (b) Notify the department of any chemical ingredients not
   52  previously reported that are intentionally included and used for
   53  the purpose of hydraulically fracturing a well.
   54         (4) This section does not apply to ingredients that:
   55         (a) Were not purposefully added to the hydraulic fracturing
   56  treatment.
   57         (b) Occur incidentally or are otherwise unintentionally
   58  present in the treatment.
   59         (5) The department may adopt rules to administer this
   60  section.
   61         Section 3. This act shall take effect July 1, 2013.