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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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.