Amended in Assembly May 28, 2013

Amended in Assembly April 30, 2013

Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 7

Introduced by Assembly Member Wieckowski

December 3, 2012

An act to amend Sections 3203, 3213, and 3215 of, to add Section 3215.5 to, and to add Article 3 (commencing with Section 3150) to Chapter 1 of Division 3 of, the Public Resources Code, relating to oil and gas.

LEGISLATIVE COUNSEL’S DIGEST

AB 7, as amended, Wieckowski. Oil and gas: hydraulic fracturing.

Under existing law, the Division of Oil, Gas, and Geothermal Resources, or the division, in the Department of Conservation, regulates the drilling, operation, maintenance, and abandonment of oil and gas wells in the state. The State Oil and Gas Supervisor, or the supervisor, supervises the drilling, operation, maintenance, and abandonment of wells and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field regarding safety and environmental damage. Existing law requires an operator of a well, before commencing the work of drilling the well, to file with the supervisor or the district deputy a written notice of intention to commence drilling, and prohibits the commencement of drilling until approval is given by the supervisor or the district deputy. Existing law requires the operator of a well to keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well. Within 60 days after the date of cessation of drilling, rework, or abandonment operations, the owner or operator is required to file with the district deputy certain information, including the history of work performed.

This bill would revise that procedure to instead require the operator to file an application before commencing drilling and would begin insert prohibit drilling until approval or denial of the application is given by the supervisor or district deputy within 30 working days. The bill would end insert require, on and after January 1, 2014, additional information to be included in the application, including information regarding the chemicals, if any, to be injected into a well.

This bill would define, among other things, hydraulic fracturing and hydraulic fracturing fluid. The bill would require the owner or operator of a well to provide to the supervisor, or to arrange with the supplier to provide to the supervisor, specific information relating to hydraulic fracturing as a part of the history of the drilling of the well. The bill would, on or before January 1, 2015, require the division, in consultation with the Office of Environmental Health Hazard Assessment and the Department of Toxic Substances Control, to establish a process through which all chemicals used in hydraulic fracturing treatments may be studied or reviewed. The bill would provide that begin delete the owner, operator, or end delete begin insert a end insert supplier who provides information to the supervisor relating to hydraulic fracturing may, at the time of submission, submit to the supervisor a claim in writing that some or all of the information is protected trade secret information, as specified. begin delete The bill would permit the supervisor, upon his or her own initiative, to make an initial determination as to whether the information claimed as trade secret has been properly claimed as trade secret information. The bill would require the supervisor to make an initial determination upon receipt of a request for public information, as specified. The bill would require the supervisor, within 45 days, to provide written notification of the initial determination to the person who provided the information and claims trade secret protection. The bill would provide specific processes for the person claiming trade secret protection to challenge the supervisor’s initial determination within 30 days from the date of receipt of the initial determination by providing the supervisor with additional written justification for the trade secret claim. The bill would further require the supervisor, after making a final determination within 45 days of the date of receipt of the additional written justification that the information is not a trade secret, to make the information available to the public not sooner than 30 days from the date of the mailing of a copy of the final determination to the person who provided the additional written justification. The bill would also require the supervisor to send a notice of the final determination to the person who provided the additional written justification, if the information is determined to be a trade secret. The bill would provide that a person claiming trade secret protection is deemed to have waived his or her claim for trade secret if, on the date when the final determination requires that the information be made available to the public, he or she has not filed an action in a court of competent jurisdiction for a declaratory judgment or injunction prohibiting disclosure of the information by the supervisor. The bill would permit the supervisor to disclose information claimed to be a trade secret to specific government employees with a clear need for the information for an enforcement action or emergency response, as specified. The bill would require the operator, within 60 days of the cessation of hydraulic fracturing treatment, to post or cause to have posted on an Internet Web site accessible to the public specified information on hydraulic fracturing, as specified. The bill would further prohibit those with access to the trade secret from disclosing it, and would make a person who violates this prohibition guilty of a misdemeanor. end delete begin insert The bill would require a supplier claiming trade secret protection for the chemical composition of additives used in the hydraulic treatment to disclose the composition to the division, in conjunction with a hydraulic fracturing treatment notice, but would, except as specified, prohibit those with access to the trade secret from disclosing it. end insert Because this bill would create a new crime, it would impose a state-mandated local program.

This bill would require the supervisor, on or before January 1, 2014, and annually thereafter, to transmit to the Legislature a comprehensive report on hydraulic fracturing in the exploration and production of oil and gas resources in the state, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Hydraulic fracturing has been used in California for several
decades to extract oil and gas and is likely to be used more
extensively as the industry seeks to develop additional oil-bearing
and gas-bearing formations.

(b) The Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation, which has the obligation to protect
public health and the natural resources of the state, including
groundwater resources, has the authority to regulate all oil and
natural gas drilling in the state, but currently does not require the
disclosure of pertinent information regarding hydraulic fracturing
or ascertain all specific types of production and exploration taking
place at permitted wells.

(c) Given California’s geologic, seismic complexity, and its
finite and significantly compromised water resources, it is
important to collect basic information about natural resource
production processes. The state and the public should know when
and where hydraulic fracturing is occurring and what chemicals
are being used in the process.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 3 (commencing with Section 3150) is added to
Chapter 1 of Division 3 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3. end insert   Hydraulic Fracturing

 

begin insert 3150. end insert   

“Chemical Abstracts Service” means the division of the
American Chemical Society that is the globally recognized
authority for information on chemical substances.

begin insert 3151. end insert   

“Chemical Abstracts Service (CAS) number” means the
unique identification number assigned to a chemical by the
Chemical Abstracts Service.

begin insert 3152. end insert   

“Hydraulic fracturing” is a well stimulation treatment
that may include the application of hydraulic fracturing fluids into
an underground geologic formation in order to create fractures
in the formation, thereby causing or improving the production of
oil or gas from a well.

begin insert 3153. end insert   

“Hydraulic fracturing fluid” includes water or other
carrier fluids that may be mixed with physical and chemical
additives for the purpose of hydraulic fracturing. The additives
may, but are not required to, serve additional purposes beyond
the transmission of hydraulic pressure to the geologic formation.
Additives may be of any phase and may include proppants.

begin insert 3154. end insert   

 “Proppants” are materials inserted or injected into
the formation that are intended to prevent newly created or
enhanced fractures from closing.

begin insert 3155. end insert   

“Supplier” means an entity performing hydraulic
fracturing or a person supplying an additive or proppant directly
to the operator for use in hydraulic fracturing on a well.

begin insert 3156. end insert   

If hydraulic fracturing is performed on a well, the owner
or operator of the well shall provide to the supervisor, or shall
arrange with the supplier to provide to the supervisor, and shall
include in the well history maintained pursuant to Section 3213,
all of the following information, except for information claimed
as a trade secret pursuant to subdivision (c) of Section 3203:

(a) A complete list of the chemical constituents formulated for
use in the hydraulic fracturing fluid that is injected into the well
and each chemical’s associated CAS numbers. Where the CAS
number does not exist, the operator or supplier may provide
another unique identifier where available.

(b) The purpose of each additive contained in the hydraulic
fracturing fluid.

(c) The estimated total amount of the additives in the hydraulic
fracturing fluid.

(d) The estimated maximum concentration of each chemical
constituent in the additive as disclosed on a material safety data
sheet in the hydraulic fracturing fluid expressed as a percentage
by mass.

(e) The estimated maximum concentration of each chemical
constituent disclosed on a material safety data sheet in the
hydraulic fracturing fluid, expressed as a percentage by mass.

(f) The amount and source of any water suitable for irrigation
or domestic purposes used to conduct the hydraulic fracturing
treatment of the well.

(g) The amount and disposition of water and hydraulic
fracturing fluid recovered from each well where hydraulic
fracturing occurred prior to the reporting of the water produced
pursuant to Section 3227.

(h) Any radiological components or tracers injected into the
well as part of the hydraulic fracturing process and a description
of the recovery method, if any, for those components or tracers,
the recovery rate, and the disposal method for recovered
components or tracers.

begin insert 3157. end insert   

On or before January 1, 2015, the division, in
consultation with the Office of Environmental Health Hazard
Assessment and the Department of Toxic Substances Control, shall
establish a process through which all chemicals used in hydraulic
fracturing treatments may be studied or reviewed, a list containing
any restricted or prohibited toxic chemicals, and a list containing
any restricted or prohibited locations deemed extremely vulnerable
to a spill or release of chemicals.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 3203 of the Public Resources Code is amended
to read:

3203.  

(a) The operator of any well, before commencing the
work of drilling the well, shall file with the supervisor or the district
deputy an application to commence drilling. Drilling shall not
commence until approval begin insert or denial end insert of the application is given by
the supervisor or the district deputy begin insert within 30 working days end insert . begin delete If the
supervisor or the district deputy fails to give the operator a written
response to the application within 10 working days from the date
of receipt, that failure shall be considered as an approval of the
application and the application, for the purposes and intents of this
chapter, shall be deemed a written report of the supervisor. end delete If
operations have not commenced within one year of receipt of the
application, the application shall be deemed canceled. The
application shall contain the pertinent data the supervisor requires
on printed forms supplied by the division or on other forms
acceptable to the supervisor. The supervisor may require other
pertinent information to supplement the application.

(b) (1) On and after January 1, 2014, in addition to the
information required in the application under subdivision (a), the
application shall additionally include all of the following
information:

(A) The type of exploration and production techniques that the
operator will use at the well or wells.

(B) A complete list of the chemicals, if any, that will be injected
into the well for hydraulic fracturing or other production
enhancement methods in the exploration or production process or
processes. This list of chemicals shall include all of the following
information:

(i) The name of the chemical.

(ii) The purpose of the chemical in the production or exploration
process.

(iii) The Chemical Abstract Service numbers for the chemical.

(iv) The estimated total amount of the chemical used.

(2) If any of the information required pursuant to paragraph (1)
changes over the course of the exploration and production process,
the operator shall immediately notify the supervisor.

begin insert

(c) (1) A supplier may claim trade secret protection for the
chemical composition of additives pursuant to Section 1060 of the
Evidence Code, or the Uniform Trade Secrets Act (Title 5
(commencing with Section 3426) of Part 1 of Division 4 of the
Civil Code).

end insert begin insert

(2) If a supplier believes that information regarding a chemical
constituent of a hydraulic fracturing fluid is a trade secret, the
supplier shall nevertheless disclose the information to the division
in conjunction with a hydraulic fracturing treatment notice, if not
previously disclosed, within 30 days following cessation of
hydraulic fracturing on a well, and shall notify the division in
writing of that belief.

end insert begin insert

(3) The supplier is not required to disclose trade secret
information to the operator.

end insert begin insert

(4) This subdivision does not permit a supplier to refuse to
disclose the information required pursuant to this section to the
division.

end insert begin insert

(5) To comply with the public disclosure requirements of this
section, the supplier shall indicate where trade secret information
has been withheld and the specific name of a chemical constituent
shall be replaced with the chemical family name or similar
descriptor associated with the trade secret chemical information.

end insert begin insert

(6) Except as provided in subparagraph (B) of paragraph (8),
the division shall protect from disclosure any trade secret
designated as such by the supplier, if that trade secret is not a
public record.

end insert begin insert

(7) The supplier shall notify the division in writing within 30
days of any changes to information provided to the division to
support a trade secret claim.

end insert begin insert

(8) Upon receipt of a request for the release of information to
the public, which includes information the supplier has notified
the division is a trade secret and is not a public record, the
following procedure applies:

end insert begin insert

(A) The division shall notify the supplier of the request in writing
by certified mail, return receipt requested.

end insert begin insert

(B) The division shall release the information to the public, but
not earlier than 60 days after the date of mailing the notice of the
request for information, unless, prior to the expiration of the 60-day
period, the supplier commences an action in an appropriate court
for a declaratory judgment that the information is subject to
protection or for a preliminary injunction prohibiting disclosure
of the information to the public and provides notice to the division
of that action.

end insert begin insert

(9) (A) Except as provided in subparagraph (B) of paragraph
(8), trade secret information is not a public record and shall not
be disclosed to anyone except to an officer or employee of the
division, the state, local air districts, or the United States, in
connection with the official duties of that officer or employee, to
a health professional, under any law for the protection of health,
or to contractors with the division or the state and its employees
if, in the opinion of the division, disclosure is necessary and
required for the satisfactory performance of a contract, for
performance of work, or to protect health and safety.

end insert begin insert

(B) A health professional may share trade secret information
with other persons as may be professionally necessary, including,
but not limited to, the patient and other health professionals.
Confidentiality of the trade secret information shall be maintained.
The holder of the trade secret may request a confidentiality
agreement consistent with the requirements of this subdivision to
whom this information is disclosed as soon as circumstances
permit. If necessary, a procedure for timely disclosure by the
division in the event of an emergency shall be identified.

end insert begin insert

(10) For the purposes of this subdivision, the definitions
provided in Article 3 (commencing with Section 3150) shall apply
when appropriate.

end insert begin delete

(c)

end delete

begin insert (d) end insert  After the completion of any well, this section also applies begin insert , end insert
as far as begin insert it end insert may be begin insert applied end insert , to the deepening or redrilling of the
well, an operation involving the plugging of the well, or any
operations permanently altering in any manner the casing of the
well. The number or designation of a well, and the number or
designation specified for a well in an application filed as required
by this section, shall not be changed without first obtaining a
written consent of the supervisor.

begin delete

(d)

end delete

begin insert (e) end insert  If an operator fails to comply with an order of the supervisor,
the supervisor may deny approval of proposed well operations
until the operator brings its existing well operations into
compliance with the order. If an operator fails to pay a civil penalty,
remedy a violation that it is required to remedy to the satisfaction
of the supervisor pursuant to an order issued under Section 3236.5,
or to pay any charges assessed under Article 7 (commencing with
Section 3400), the supervisor may deny approval to the operator’s
proposed well operations until the operator pays the civil penalty,
remedies the violation to the satisfaction of the supervisor, or pays
the charges assessed under Article 7 (commencing with Section
3400).

begin insert

(f) This section does not apply to routine pressure tests to
monitor the integrity of wells and well casings.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 3213 of the Public Resources Code is amended
to read:

3213.  

The history shall show the location and amount of
sidetracked casings, tools, or other material, the depth and quantity
of cement in cement plugs, the shots of dynamite or other
explosives, the results of production and other tests during drilling
operations, and the information required pursuant to Section 3156.

begin delete

SEC. 4.  

Article 3 (commencing with Section 3150) is added
to Chapter 1 of Division 3 of the Public Resources Code, to read:

 

Article 3.  Hydraulic Fracturing

 

3150.  

“Chemical Abstracts Service” means the division of the
American Chemical Society that is the globally recognized
authority for information on chemical substances.

3151.  

“Chemical Abstracts Service (CAS) number” means the
unique identification number assigned to a chemical by the
Chemical Abstracts Service.

3152.  

“Hydraulic fracturing” is a well stimulation treatment
that may include the application of hydraulic fracturing fluids into
an underground geologic formation in order to create fractures in
the formation, thereby causing or improving the production of oil
or gas from a well.

3153.  

“Hydraulic fracturing fluid” includes water or other
carrier fluids that may be mixed with physical and chemical
additives for the purpose of hydraulic fracturing. The additives
may, but are not required to, serve additional purposes beyond the
transmission of hydraulic pressure to the geologic formation.
Additives may be of any phase and may include proppants.

3154.  

 “Proppants” are materials inserted or injected into the
formation that are intended to prevent newly created or enhanced
fractures from closing.

3155.  

“Supplier” means an entity performing hydraulic
fracturing or a person supplying an additive or proppant directly
to the operator for use in hydraulic fracturing a well.

3156.  

If hydraulic fracturing is performed on a well, the owner
or operator of the well shall provide to the supervisor, or shall
arrange with the supplier to provide to the supervisor, and shall
include in the well history maintained pursuant to Section 3213,
all of the following information, except for information claimed
as a trade secret pursuant to Section 3158:

(a) A complete list of the chemical constituents formulated for
use in the hydraulic fracturing fluid that is injected into the well
and each chemical’s associated CAS numbers. Where the CAS
number does not exist, the operator or supplier may provide another
unique identifier where available.

(b) The purpose of each additive contained in the hydraulic
fracturing fluid.

(c) The estimated total amount of the additives in the hydraulic
fracturing fluid.

(d) The estimated maximum concentration of each chemical
constituent in the additive as disclosed on a material safety data
sheet in the hydraulic fracturing fluid expressed as a percentage
by mass.

(e) The estimated maximum concentration of each chemical
constituent disclosed on a material safety data sheet in the hydraulic
fracturing fluid, expressed as a percentage by mass.

(f) The amount and source of any water suitable for irrigation
or domestic purposes used to conduct the hydraulic fracturing
treatment of the well.

(g) The amount and disposition of water and hydraulic fracturing
fluid recovered from each well where hydraulic fracturing occurred
prior to the reporting of the water produced pursuant to Section
3227.

(h) Any radiological components or tracers injected into the
well as part of the hydraulic fracturing process and a description
of the recovery method, if any, for those components or tracers,
the recovery rate, and the disposal method for recovered
components or tracers.

3157.  

On or before January 1, 2015, the division, in
consultation with the Office of Environmental Health Hazard
Assessment and the Department of Toxic Substances Control, shall
establish a process through which all chemicals used in hydraulic
fracturing treatments may be studied or reviewed, a list containing
any restricted or prohibited toxic chemicals, and a list containing
any restricted or prohibited locations deemed extremely vulnerable
to a spill or release of chemicals.

3158.  

(a) The owner, operator, or supplier who provides
information to the supervisor in accordance with Section 3156
may, at the time of submission, submit to the supervisor a claim
in writing that some or all of the information is protected trade
secret information as defined in the Uniform Trade Secrets Act
(Title 5 (commencing with Section 3426) of Part 1 of Division 4
of the Civil Code).

(b) The written claim submitted to the supervisor under
paragraph (a) shall state the reasons for the trade secret information
and provide specific supporting documentation.

3159.  

(a) The owner, operator, or supplier who provides
information to the supervisor and who claims trade secret
protection shall submit two versions of the information required
under Section 3156 as follows:

(1) The first version shall be labeled “Confidential Information
- Do Not Disclose” and shall include all the information required
under Section 3156.

(2) (A) The second version shall be labeled “Public Information
- This Information shall be Disclosed to the Public,” provide an
explanation of the basis for the claim of trade secrecy, and include
all of the information required under Section 3156, except that the
specific name of any constituent that is claimed as trade secret
information shall be replaced with the chemical family associated
with the trade secret constituent, the corresponding CAS number
shall be replaced with the phrase “Trade Secret Information,” and
all other trade secret information shall be redacted.

(B) The information contained in the version pursuant to
paragraph (2) shall be made available to the public in accordance
with Section 3215 or upon request by a member of the public
pursuant to Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.

(b) The supervisor shall keep the version under paragraph (1)
of subdivision (a) confidential until the person claiming trade secret
protection waives its claim pursuant to subdivision (d) of Section
3161 or the claim of trade secret protection is determined to be
invalid by a court of competent jurisdiction.

3160.  

If the person claiming trade secret protection pursuant
to Section 3158 is a supplier, the supplier shall only provide the
well owner or operator with the version pursuant to paragraph (2)
of subdivision (a) of Section 3159 so the owner or operator may
include the information required in the history of the drilling of
the well pursuant to Section 3213.

3161.  

(a) (1) The supervisor, upon his or her own initiative,
may determine whether any or all of the information claimed as a
trade secret pursuant to Section 3158 has been properly claimed
as trade secret information. If the supervisor determines that the
information is not trade secret, the supervisor shall provide written
notification of the determination to the person who furnished the
information within 45 days. The written notification shall be sent
by certified mail.

(2) Upon receipt of a request for public information pursuant
to Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code, the supervisor shall determine
whether any or all of the information claimed as a trade secret
pursuant Section 3158 has been properly claimed as trade secret
information. If the supervisor determines that the information is
not trade secret, the supervisor shall provide written notification
of the determination to the person who furnished the information
within 45 days. The written notification shall be sent by certified
mail.

(b) (1) The person who provided the trade secret information
under Section 3159 shall have 30 days from the date of receipt of
a written notification of the determination under subdivision (a)
to provide the supervisor with additional written justification of
the grounds on which trade secret protection is claimed. The
additional written justification shall be submitted by certified mail.

(2) The additional written justification is not a public record
under subdivision (e) of Section 6252 of the Government Code,
and shall be disclosed by the supervisor only to state employees
with a clear need to know the information to reassess the trade
secrecy determination.

(c) (1) The supervisor shall make a final determination on
whether the additional written justification under subdivision (b)
satisfies a claim for trade secret protection, within 45 days of the
date of receipt of the additional written justification.

(A) If the supervisor makes a final determination that the
information is not protected as a trade secret, the supervisor, within
45 days, shall send a copy of the final determination to the person
who provided the additional written justification, specifying a date,
not sooner than 30 days from the date of the mailing of the final
determination, when the information claimed to be trade secret
information shall be made available to the public. The notice of
the final determination shall be sent by certified mail.

(2) If the supervisor makes a final determination that the
information is protected as a trade secret, the supervisor, within
45 days, shall send a copy of the final determination, including
information stating that the determination may be challenged in
court, to the person who provided the additional written
justification and to any person who requested the information
pursuant to Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code. The notice of the
final determination shall be sent by certified mail.

(d) (1) A person claiming trade secret protection shall be
deemed to have waived his or her claim for trade secret protection
if, on the date when the final notice states that the information
shall be made available to the public pursuant to subparagraph (A)
of paragraph (1) of subdivision (c), he or she has not filed an action
in a court of competent jurisdiction for a declaratory judgment or
injunction prohibiting disclosure of the information by the
supervisor after a final determination under subdivision (c).

(2) A person claiming trade secret protection may, at any time,
waive a claim of trade secret protection by submitting a voluntary
waiver of the claim to the supervisor in writing.

3162.  

(a) The supervisor may disclose information claimed
as trade secret information to an officer or employee of the county,
city, state, or federal government who has a clear need for the trade
secret information for an enforcement action or emergency
response.

(b) The information provided under subdivision (a) shall be
clearly labeled as “Confidential trade secret information.”

(c) An officer or employee who receives information under
subdivision (a) shall maintain the confidentiality of the information
and shall destroy all copies received once the need for the
information has ended.

3163.  

Nothing in this article is intended to change or supersede
the disclosure of information pursuant to the California
Occupational Safety and Health Act of 1973 (Part 1 (commencing
with Section 6300) of Division 5 of the Labor Code), the
requirements of Article 1 (commencing with Section 25500) of
Chapter 6.95, concerning hazardous material release response
plans and inventories, the Porter-Cologne Water Quality Control
Act (Division 7 (commencing with Section 13000) of the Water
Code), or any other state or federal act allowing the disclosure of
chemical information.

end delete

SEC. 5.  

Section 3215 of the Public Resources Code is amended
to read:

3215.  

(a) Within 60 days after the date of cessation of drilling,
rework, hydraulic fracturing, or abandonment operations, or the
date of suspension of operations, the owner or operator shall file
with the district deputy, in a form approved by the supervisor, true
copies of the log, core record, and history of work performed, and,
if made, true and reproducible copies of all electrical, physical, or
chemical logs and begin delete tests . end delete begin insert tests. end insert Upon a showing of hardship, the
supervisor may extend the time within which to comply with this
section for a period not to exceed 60 additional days.

(b) (1) The supervisor shall post the information provided
pursuant to Section 3156 and that is not claimed as a trade secret
pursuant to begin delete Section 3158 end delete begin insert subdivision (c) of Section 3203 end insert to existing
Internet maps on the division’s Internet Web site, and shall make
that information available to the public in a way that the
information is associated with each specific well where chemicals
are injected for purposes of hydraulic fracturing.

(2) For purposes of complying with the posting requirements
of paragraph (1), the supervisor may use an existing public Internet
Web site administered by the Ground Water Protection Council
or the Interstate Oil and Gas Compact Commission if all of the
following are met:

(A) The information is transmitted and posted to the public
Internet Web site in a form and manner approved by the supervisor
and includes the information provided to the supervisor pursuant
to Section 3156, except for trade secret information pursuant to
begin delete Section 3158 end delete begin insert subdivision (c) of Section 3203 end insert .

(B) There is an electronic link from the wells represented on
the division’s existing internet maps that allows members of the
public to view the information about specific wells based on their
location.

(C) On and after January 1, 2014, the Chemical Disclosure
Registry allows for the division staff and the public to aggregate
data and search and sort the registry for information by geographic
area, ingredient, Chemical Abstract Service number, time period,
and operator.

(D) Members of the public are permitted to copy, reproduce,
modify, republish, upload, post, transmit, or distribute the
information without restriction.

SEC. 6.  

Section 3215.5 is added to the Public Resources Code,
to read:

3215.5.  

(a) Notwithstanding Section 10231.5, on or before
January 1, 2014, and annually thereafter, the supervisor shall
prepare and transmit to the Legislature a comprehensive report
regarding hydraulic fracturing in oil and gas exploration and
production in California, using the information provided pursuant
to Section 3156. Where the information involves trade secret
protection, the supervisor shall only use information provided
pursuant to paragraph begin delete (2) end delete begin insert (5) end insert of subdivision begin delete (a) end delete begin insert (c) end insert of Section begin delete 3159 end delete
begin insert 3203 end insert to complete the report. The report shall additionally include,
but is not limited to, the following relevant information:

(1) Aggregated data detailing the volumes of hydraulic fracturing
fluid used during hydraulic fracturing, identifying whether it is
water suitable for irrigation or domestic purposes, water not
suitable for irrigation or domestic purposes, or something other
than water.

(2) Aggregated data detailing the disposition of hydraulic
fracturing fluid used to conduct hydraulic fracturing.

(3) Aggregated data detailing the volumes of each chemical
used in hydraulic fracturing treatments in the state, in each county,
and by each company, during the preceding year.

(4) The number of emergency responses to a spill or release.

(5) The number of well failures.

(6) Based on a representative sampling of information submitted
to the division pursuant to begin delete subdivision (a) of Section 3159, end delete begin insert Section
3156 and subdivision (c) of Section 3203, end insert the percentage of
chemical information withheld within the representative sample
as trade secret information.

(b) A report to the Legislature pursuant to subdivision (a) shall
be submitted in compliance with Section 9795 of the Government
Code.

SEC. 7.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.