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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of certain chemicals included in |
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hydraulic fracturing treatments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 91.851(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) The commission by rule shall: |
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(1) require an operator of a well on which a hydraulic |
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fracturing treatment is performed to: |
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(A) complete the form posted on the hydraulic |
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fracturing chemical registry Internet website of the Ground Water |
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Protection Council and the Interstate Oil and Gas Compact |
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Commission with regard to the well; |
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(B) include in the form completed under Paragraph |
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(A): |
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(i) the total volume of water used in the |
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hydraulic fracturing treatment; and |
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(ii) each chemical ingredient that is |
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subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2), |
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as provided by a service company or chemical supplier or by the |
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operator, if the operator provides its own chemical ingredients; |
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(C) post the completed form described by |
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Paragraph (A) on the website described by that paragraph or, if the |
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website is discontinued or permanently inoperable, post the |
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completed form on another publicly accessible Internet website |
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specified by the commission; |
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(D) submit the completed form described by |
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Paragraph (A) to the commission with the well completion report for |
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the well; and |
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(E) in addition to the completed form specified |
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in Paragraph (D), provide to the commission a list, to be made |
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available on a publicly accessible website, of all other chemical |
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ingredients not listed on the completed form that were |
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intentionally included and used for the purpose of creating a |
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hydraulic fracturing treatment for the well. The commission rule |
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shall ensure that an operator, service company, or supplier is not |
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responsible for disclosing ingredients that: |
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(i) were not purposely added to the |
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hydraulic fracturing treatment; |
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(ii) occur incidentally or are otherwise |
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unintentionally present in the treatment; or |
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(iii) in the case of the operator, are not |
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disclosed to the operator by a service company or supplier. The |
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commission rule shall not require that the ingredients be |
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identified based on the additive in which they are found or that the |
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concentration of such ingredients be provided; |
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(2) require a service company that performs a |
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hydraulic fracturing treatment on a well or a supplier of an |
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additive used in a hydraulic fracturing treatment on a well to |
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provide the operator of the well with: |
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(A) the information necessary for the operator to |
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comply with Subdivision (1); and |
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(B) each chemical ingredient included in the |
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hydraulic fracturing fluids provided to the operator that is |
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subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2); |
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(3) prescribe a process by which an entity required to |
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comply with Subdivision (1) or (2) may withhold and declare certain |
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information as a trade secret for purposes of Section 552.110, |
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Government Code, including the [identity and] amount of the |
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chemical ingredient used in a hydraulic fracturing treatment; |
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(4) require a person who desires to challenge a claim |
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of entitlement to trade secret protection under Subdivision (3) to |
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file the challenge not later than the second anniversary of the date |
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the relevant well completion report is filed with the commission; |
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(5) limit the persons who may challenge a claim of |
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entitlement to trade secret protection under Subdivision (3) to: |
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(A) the landowner on whose property the relevant |
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well is located; |
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(B) a landowner who owns property adjacent to |
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property described by Paragraph (A); or |
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(C) a department or agency of this state with |
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jurisdiction over a matter to which the claimed trade secret is |
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relevant; |
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(6) require, in the event of a trade secret challenge, |
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that the commission promptly notify the service company performing |
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the hydraulic fracturing treatment on the relevant well, the |
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supplier of the additive or chemical ingredient for which the trade |
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secret claim is made, or any other owner of the trade secret being |
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challenged and provide the owner an opportunity to substantiate its |
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trade secret claim; and |
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(7) prescribe a process, consistent with 29 C.F.R. |
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Section 1910.1200, for an entity described by Subdivision (1) or |
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(2) to provide information, including information that is a trade |
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secret as defined by Appendix E [D] to 29 C.F.R. Section 1910.1200, |
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to a health professional or emergency responder who needs the |
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information in accordance with Subsection (i) of that section. |
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SECTION 2. This Act takes effect September 1, 2023. |