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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of information regarding hydraulic |
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fracturing treatment operations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.020 to read as follows: |
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Sec. 91.020. DISCLOSURE OF INFORMATION REGARDING HYDRAULIC |
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FRACTURING TREATMENT OPERATIONS. (a) In this section: |
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(1) "Additive" means any substance or combination of |
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substances having a specified purpose that is combined with a base |
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fluid and a proppant to create a fracturing fluid. |
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(2) "Chemical Abstracts Service" or "CAS" means the |
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chemical registry that is the authoritative collection of disclosed |
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chemical substance information. |
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(3) "Chemical constituent" means a discrete chemical |
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with its own specific name or identity, such as a CAS number, that |
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is contained in an additive. |
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(4) "Hydraulic fracturing treatment" means the |
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stimulation of a well by the application of a base stimulation fluid |
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containing a proppant with force in order to create artificial |
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fractures in a formation for the purpose of improving the well's |
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capacity to produce hydrocarbons. |
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(b) The commission shall adopt rules requiring the owner or |
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operator of a well on which hydraulic fracturing treatment |
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operations have been performed or a person who has performed |
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hydraulic fracturing treatment operations on a well to disclose to |
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the commission in writing information regarding the operations, |
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following the completion of those operations. |
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(c) At a minimum, rules adopted under this section must |
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require the owner or operator of the well or the person who performs |
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the hydraulic fracturing treatment operations to disclose: |
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(1) the type and volume of the base stimulation fluid |
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and proppant used for each stage of the hydraulic fracturing |
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treatment operations; |
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(2) the general type of additives used in the |
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hydraulic fracturing treatment operations, such as acid, biocide, |
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breaker, corrosion inhibitor, crosslinker, demulsifier, friction |
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reducer, gel, iron control, oxygen scavenger, pH adjusting agent, |
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scale inhibitor, or surfactant; |
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(3) the specific additives used in the hydraulic |
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fracturing treatment operations and the actual concentration of |
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each additive, expressed as pounds per thousand gallons or gallons |
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per thousand gallons; |
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(4) all chemical constituents used in the hydraulic |
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fracturing treatment operations and their associated CAS numbers; |
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and |
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(5) any documentation necessary to demonstrate the |
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accuracy of the information provided. |
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(d) Notwithstanding Subsection (c)(4), if a chemical |
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constituent used in a hydraulic fracturing treatment operation and |
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its associated CAS number are subject to 42 U.S.C. Section 11042, |
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the rules adopted under this section may permit the owner or |
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operator of the well or the person who performed the hydraulic |
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fracturing treatment operations to withhold the name of the |
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chemical constituent and its associated CAS number and, in lieu of |
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disclosing the information, submit a claim of entitlement to |
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withhold the information and disclose the chemical family |
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associated with the chemical constituent and the associated CAS |
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number of the chemical family. |
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SECTION 2. The Railroad Commission of Texas shall adopt |
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rules under Section 91.020, Natural Resources Code, as added by |
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this Act, not later than February 1, 2012. |
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SECTION 3. This Act takes effect September 1, 2011. |