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Committee approves bill requiring state-level disclosure of certain fracking chemicals
Summary
Lawmakers approved a committee substitute for House Bill 222 to require disclosure of certain downhole chemicals used in hydraulic fracturing, create a state-managed disclosure process and exempt some proprietary claims; committee members noted the measure is intended to move regulatory reporting from a public website to regulator-held records.
The House Energy, Environment & Natural Resources Committee on Feb. 27 voted to advance a committee substitute for House Bill 222, a measure to require disclosure of certain chemicals used in hydraulic fracturing and to create a state disclosure process managed by the Oil Conservation Division (OCD).
Sponsor Representative Rosanna Romero told the committee the substitute narrows and clarifies the original bill's approach to disclosure and trade secrets. "The changes were about ensuring that we have a compromise on how the information that we're disclosing to the government ... protects proprietary information while also ensuring that they're safe," Romero said.
The substitute directs operators to submit chemical disclosures to the state when downhole operations commence and requires operators to file any changes within 30 days. Committee language includes provisions allowing regulators to hold proprietary material confidential while ensuring that the state (and first responders or medical officials where necessary) can access full formulations. Witnesses and the sponsor said the changes reflect negotiated language with industry and the OCD to permit regulator review without publishing trade-secret formulations on public portals.
Representative Murphy and other members asked which wells and land types would be covered; staff and witnesses said the requirement applies to wells permitted by the OCD and therefore covers wells on state, federal and fee lands when OCD permits apply. Murphy also noted the bill does not extend to geothermal operations in its present form; sponsors and witnesses said the substitute focuses on oil and gas downhole operations.
The committee adopted the substitute and voted to advance the measure. The roll-call result was 6 "yes" and 5 "no." Yes votes included Representative Abeyta, Representative Garcia, Representative Carolla, Representative Small, Vice Chair Cedeno and Chair McQueen. No votes included Representative Dixon, Representative Henry, Representative Montoya, Representative Murphy and Representative Senna Cortez. Representative Romero moved the committee substitute and the committee approved the do-pass motion.
What happens next: the bill will proceed to the next committee (judiciary or tax as scheduled) where staff expect additional technical review and potential rulemaking by the OCD if the bill becomes law. Supporters said the state-held disclosure model addresses public-safety and emergency-response concerns while protecting legitimate trade secrets from public release.
