Florida Senate - 2013                      CS for CS for SB 1028
       By the Committees on Community Affairs; and Environmental
       Preservation and Conservation; and Senator Clemens
       578-04484-13                                          20131028c2
    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) Solely for the purposes of this section, the department
   28  shall require that a service provider, vendor, or well owner or
   29  operator report to the Chemical Disclosure Registry, at a
   30  minimum, the total volume of water used in the hydraulic
   31  fracturing treatment, each chemical ingredient that is subject
   32  to 29 C.F.R. s. 1910.1200(g)(2), and the ingredient
   33  concentration in the hydraulic fluid by mass for each well on
   34  which hydraulic fracturing treatments are performed.
   35         (c) If the Chemical Disclosure Registry is unable to accept
   36  and make publicly available any information specified in this
   37  section, the well owner or operator shall submit the information
   38  to the department.
   39         (3) A service provider, vendor, or well owner or operator
   40  shall:
   41         (a) Report information as required by the department with
   42  respect to wells on which a hydraulic fracturing treatment is
   43  performed.
   44         (b) Notify the department of any chemical ingredients not
   45  previously reported that are intentionally included and used for
   46  the purpose of hydraulically fracturing a well.
   47         (4) This section does not apply to ingredients that:
   48         (a) Were not purposefully added to the hydraulic fracturing
   49  treatment.
   50         (b) Occur incidentally or are otherwise unintentionally
   51  present in the treatment.
   52         (5) The department may adopt rules to administer this
   53  section.
   54         Section 3. This act shall take effect July 1, 2013.