88R14589 ANG-D     By: Morales Shaw H.B. No. 4320       A BILL TO BE ENTITLED   AN ACT   relating to the disclosure of certain chemicals included in   hydraulic fracturing treatments.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 91.851(a), Natural Resources Code, is   amended to read as follows:          (a)  The commission by rule shall:                (1)  require an operator of a well on which a hydraulic   fracturing treatment is performed to:                      (A)  complete the form posted on the hydraulic   fracturing chemical registry Internet website of the Ground Water   Protection Council and the Interstate Oil and Gas Compact   Commission with regard to the well;                      (B)  include in the form completed under Paragraph   (A):                            (i)  the total volume of water used in the   hydraulic fracturing treatment; and                            (ii)  each chemical ingredient that is   subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2),   as provided by a service company or chemical supplier or by the   operator, if the operator provides its own chemical ingredients;                      (C)  post the completed form described by   Paragraph (A) on the website described by that paragraph or, if the   website is discontinued or permanently inoperable, post the   completed form on another publicly accessible Internet website   specified by the commission;                      (D)  submit the completed form described by   Paragraph (A) to the commission with the well completion report for   the well; and                      (E)  in addition to the completed form specified   in Paragraph (D), provide to the commission a list, to be made   available on a publicly accessible website, of all other chemical   ingredients not listed on the completed form that were   intentionally included and used for the purpose of creating a   hydraulic fracturing treatment for the well. The commission rule   shall ensure that an operator, service company, or supplier is not   responsible for disclosing ingredients that:                            (i)  were not purposely added to the   hydraulic fracturing treatment;                            (ii)  occur incidentally or are otherwise   unintentionally present in the treatment; or                            (iii)  in the case of the operator, are not   disclosed to the operator by a service company or supplier. The   commission rule shall not require that the ingredients be   identified based on the additive in which they are found or that the   concentration of such ingredients be provided;                (2)  require a service company that performs a   hydraulic fracturing treatment on a well or a supplier of an   additive used in a hydraulic fracturing treatment on a well to   provide the operator of the well with:                      (A)  the information necessary for the operator to   comply with Subdivision (1); and                       (B)  each chemical ingredient included in the   hydraulic fracturing fluids provided to the operator that is   subject to the requirements of 29 C.F.R. Section 1910.1200(g)(2);                (3)  prescribe a process by which an entity required to   comply with Subdivision (1) or (2) may withhold and declare certain   information as a trade secret for purposes of Section 552.110,   Government Code, including the [identity and] amount of the   chemical ingredient used in a hydraulic fracturing treatment;                (4)  require a person who desires to challenge a claim   of entitlement to trade secret protection under Subdivision (3) to   file the challenge not later than the second anniversary of the date   the relevant well completion report is filed with the commission;                (5)  limit the persons who may challenge a claim of   entitlement to trade secret protection under Subdivision (3) to:                      (A)  the landowner on whose property the relevant   well is located;                      (B)  a landowner who owns property adjacent to   property described by Paragraph (A); or                      (C)  a department or agency of this state with   jurisdiction over a matter to which the claimed trade secret is   relevant;                (6)  require, in the event of a trade secret challenge,   that the commission promptly notify the service company performing   the hydraulic fracturing treatment on the relevant well, the   supplier of the additive or chemical ingredient for which the trade   secret claim is made, or any other owner of the trade secret being   challenged and provide the owner an opportunity to substantiate its   trade secret claim; and                (7)  prescribe a process, consistent with 29 C.F.R.   Section 1910.1200, for an entity described by Subdivision (1) or   (2) to provide information, including information that is a trade   secret as defined by Appendix E [D] to 29 C.F.R. Section 1910.1200,   to a health professional or emergency responder who needs the   information in accordance with Subsection (i) of that section.          SECTION 2.  This Act takes effect September 1, 2023.