Bill Text: PA HB1680 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions; and providing for disclosure of chemicals used in hydraulic fracturing.

Spectrum: Moderate Partisan Bill (Democrat 14-4)

Status: (Introduced - Dead) 2011-06-17 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1680 Detail]

Download: Pennsylvania-2011-HB1680-Introduced.html

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PRINTER'S NO. 2125
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1680 Session of2011
INTRODUCED BY JOHNSON, MILLARD, D. COSTA, FREEMAN, TRUITT, WAGNER, MURPHY, WHEATLEY, VULAKOVICH, MUNDY, MULLERY, CALTAGIRONE, DONATUCCI, MURT, THOMAS, READSHAW AND GOODMAN, JUNE 17, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 17, 2011
AN ACT
Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An
act providing for safe drinking water; imposing powers and
duties on the Department of Environmental Resources in
relation thereto; and appropriating certain funds," further
providing for definitions; and providing for disclosure of
chemicals used in hydraulic fracturing.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of May 1, 1984 (P.L.206,
No.43), known as the Pennsylvania Safe Drinking Water Act, is
amended to read:
AN ACT
Providing for safe drinking water; imposing powers and duties on
the Department of Environmental [Resources] Protection in
relation thereto; and appropriating certain funds.
Section 2. The definitions of "department," "secretary" and
"State agency" in section 3 of the act are amended to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Department." The Department of Environmental [Resources]
Protection.
* * *
"Secretary." The Secretary of the Department of
Environmental [Resources] Protection.
"State agency." Any State department, board, commission or
agency other than the Department of Environmental [Resources]
Protection.
* * *
Section 3. The act is amended by adding a section to read:
Section 11.1 Disclosure of hydraulic fracturing chemicals.
(a) Disclosure.--Any person using hydraulic fracturing must
disclose to the department, the chemical constituents, but not
the proprietary chemical formulas, used in the fracturing
process.
(b) Disclosure of chemical constituents.--The department
shall make available to the public the information contained in
each disclosure of chemical constituents under subsection (a),
including by posting the information on the department's
Internet website.
(c) Immediate disclosure in case of emergency.--
(1) In any case in which the department or appropriate
health care provider determines that a medical emergency
exists and the proprietary chemical formula or specific
chemical identity of a trade secret chemical used in
hydraulic fracturing is necessary for emergency or first aid
treatment, the applicable person using hydraulic fracturing
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shall immediately disclose to the department or appropriate
health care provider, as applicable, the proprietary chemical
formula or specific chemical identity of a trade secret
chemical, regardless of the existence of a written statement
of need or a confidentiality agreement.
(2) A person using hydraulic fracturing that makes a
disclosure required under paragraph (1) may require the
execution of a written statement of need and a
confidentiality agreement as soon as practicable after the
determination by the department or health care provider under
paragraph (1).
Section 4. This act shall take effect in 60 days.
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