Last week, new bills were introduced in the state Assembly (AB 7) and Senate (SB 4) to require disclosure of the chemicals and the amount of water used in hydraulic fracturing operations. This is at least the third attempt at fracking disclosure legislation, the most recent of which was tabled during the last session (see August 17 post). Both new bills would require disclosure of the names, maximum concentrations and Chemical Abstract Service (CAS) numbers of the chemicals used in the fracking process. The bills would also require disclosure of the volume of carrier fluid used and the source, volume and disposition of water used. Both bills provide for trade secret protection.
There are some differences between the bills. For example, AB 7 would require the Division of Oil, Gas, and Geothermal Resources (DOGGR) to adopt rules specific to fracking by 2014, while SB 4 would allow DOGGR until 2015 to adopt such rules. AB 7 also requires DOGGR to consider any risk posed by potential seismicity as part of its rulemaking process.
Co-authored by Michael N. Mills and Robin B. Seifried.