Texas House lawmakers last week approved a bill that would require disclosure of the contents of hydraulic fracturing (fracking) fluids used in natural gas wells in the state. The vote was 133-12. The bill has been sent to the Senate where it is expected to pass; Gov. Rick Perry is expected to sign the bill if it makes it to his desk.

Justin Furnace, president of the Texas Independent Producers and Royalty Owners Association (TIPRO), told NGI that the industry group supports the legislation.

“TIPRO supports HB 3328 and appreciates efforts by House Resources Committee Chairman Rep. Keffer and Sen. Nelson to move this bill forward,” he said. “For over 60 years, the industry has developed a history of responsibly and safely utilizing hydraulic fracturing. By disclosing the chemicals used in the fracing process, we will be able to address the public’s desire to be fully informed of the content of hydraulic fracturing fluids.”

According to a House Energy Resources Committee analysis of the legislation, it “could create the nation’s strongest hydraulic fracturing fluid disclosure regime, thus earning the support of several environmental groups and the backing of many in industry because the legislation provides certain limited trade secret protections that will allow operators and service providers to protect their intellectual property.”

The legislation was filed in March with bipartisan support. Two Republicans — Reps. Myra Crownover of Denton and Tan Parker of Flower Mound — and two Democrats — Reps. Lon Burnam of Fort Worth and Mark Strama of Austin — helped pen HB 3328 with Resources Committee Chair Jim Keffer (R-Eastland). The bill also has been supported by the Environmental Defense Fund and Texas League of Conservation Voters.

In Arkansas the Arkansas Oil and Gas Commission (AOGC) recently instituted a rule that requires operators to file a “fracture stimulation report” in which chemicals used are to be disclosed. Another AOGC form allows operators to request an exemption from disclosure due to trade secret status.

In California efforts are under way to require frack fluid disclosure (see related story).

At the federal level the Fracturing Responsibility and Awareness of Chemicals Act, also known as the FRAC act, would repeal an exemption for hydrofracking in the Safe Water Drinking Act (SWDA) and require companies to disclose the chemicals they use during the hydrofracking process (see NGI, March 21).

Previously in the current Texas legislative session, state Sen. Wendy Davis (D-Fort Worth) filed a bill that would have required a tracer chemical to be added to frack fluids so the fluids could later be identified in cases where water contamination by fracking is alleged (see NGI, Feb. 28). That bill (SB 772) was referred to the Senate Natural Resources Committee near the end of February where it has stayed.

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