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hb958_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 958
2025-2026
Representative Hall, D.
Cosponsor: Representative Brennan
To
amend section 1509.10 and to enact sections 1509.101 and 1509.102 of
the Revised Code
to
alter the requirements regarding the disclosure of certain
information involving chemicals used in oil and gas well operations.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 1509.10 be amended and sections 1509.101 and 1509.102 of the
Revised Code be enacted to read as follows:
Sec.
1509.10.
(A)
Beginning
with the commencement of drilling at a well within this state and
whenever a change in information occurs until the completion of
drilling operations, the owner of the well shall file with the
division of oil and gas resources management, in a manner prescribed
by the chief of the division of oil and gas resources management, all
of the following, if applicable:
(1)
The trade name and the total amount of all products, fluids, and
substances, and the supplier of each product, fluid, or substance,
not including cement and its constituents and lost circulation
materials, intentionally added to facilitate the drilling of any
portion of the well until the surface casing is set and properly
sealed. The owner shall identify each additive used and provide a
brief description of the purpose for which the additive is used. In
addition, the owner shall include a list of all chemicals
intentionally added to all products, fluids, or substances and
include each chemical's corresponding chemical abstracts service
number and the maximum concentration of each chemical. The owner
shall obtain the chemical information from the company that drilled
the well, provided service at the well, or supplied the chemicals. If
the company that drilled the well, provided service at the well, or
supplied the chemicals provides incomplete or inaccurate chemical
information, the owner shall make reasonable efforts to obtain the
required information from the company or supplier.
For
purposes of division (A)(1) of this section, if recycled fluid was
used, the owner shall submit the total volume of recycled fluid and
the well that is the source of the recycled fluid or the centralized
facility that is the source of the recycled fluid.
(2)
The type and volume of fluid, not including cement and its
constituents, used to stimulate the reservoir of the well, the
reservoir breakdown pressure, the method used for the containment of
fluids recovered from the fracturing of the well, the methods used
for the containment of fluids when pulled from the wellbore from
swabbing the well, the average pumping rate of the well, and the name
of the person that performed the well stimulation. In addition, the
owner shall include a copy of the log from the stimulation of the
well, a copy of the invoice for each of the procedures and methods
described in division (A)(2) of this section that were used on a
well, and a copy of the pumping pressure and rate graphs. However,
the owner may redact from the copy of each invoice that is required
to be included under division (A)(2) of this section the costs of and
charges for the procedures and methods described in division (A)(2)
of this section that were used on a well.
(3)
The trade name and the total volume of all products, fluids, and
substances, and the supplier of each product, fluid, or substance
used to stimulate the well. The owner shall identify each additive
used, provide a brief description of the purpose for which the
additive is used, and include the maximum concentration of the
additive used. In addition, the owner shall include a list of all
chemicals intentionally added to all products, fluids, or substances
and include each chemical's corresponding chemical abstracts service
number and the maximum concentration of each chemical. The owner
shall obtain the chemical information from the company that
stimulated the well or supplied the chemicals. If the company that
stimulated the well or supplied the chemicals provides incomplete or
inaccurate chemical information, the owner shall make reasonable
efforts to obtain the required information from the company or
supplier.
For
purposes of division (A)(3) of this section, if recycled fluid was
used, the owner shall submit total volume of recycled fluid and the
well that is the source of the recycled fluid or the centralized
facility that is the source of the recycled fluid.
(B)
Any
person drilling within the state shall, within sixty days after the
completion of drilling operations to the proposed total depth or
after a determination that a well is a dry or lost hole, file with
the division
of
oil and gas resources management
all
wireline electric logs and an accurate well completion record on a
form that is prescribed by the chief
of
the division of oil and gas resources management
that
designates:
(1)
The purpose for which the well was drilled;
(2)
The character, depth, and thickness of geological units encountered,
including coal seams, mineral beds, associated fluids such as fresh
water, brine, and crude oil, natural gas, and sour gas, if such
seams, beds, fluids, or gases are known;
(3)
The dates on which drilling operations were commenced and completed;
(4)
The types of drilling tools used and the name of the person that
drilled the well;
(5)
The length in feet of the various sizes of casing and tubing used in
drilling the well, the amount removed after completion, the type and
setting depth of each packer, all other data relating to cementing in
the annular space behind such casing or tubing, and data indicating
completion as a dry, gas, oil, combination oil and gas, brine
injection, or artificial brine well or a stratigraphic test;
(6)
The number of perforations in the casing and the intervals of the
perforations;
(7)
The elevation above mean sea level of the point from which the depth
measurements were made, stating also the height of the point above
ground level at the well, the total depth of the well, and the
deepest geological unit that was penetrated in the drilling of the
well;
(8)
If applicable, the type, volume, and concentration of acid, and the
date on which acid was used in acidizing the well;
(9)(a)
If applicable, the trade name and the total amount of all products,
fluids, and substances, and the supplier of each product, fluid, or
substance, not including cement and its constituents and lost
circulation materials, intentionally added to facilitate the drilling
of any portion of the well until the surface casing is set and
properly sealed. The owner shall identify each additive used and
provide a brief description of the purpose for which the additive is
used. In addition, the owner shall include a list of all chemicals,
not including any information that is designated as a trade secret
pursuant to division (I)(1) of this section, intentionally added to
all products, fluids, or substances and include each chemical's
corresponding chemical abstracts service number and the maximum
concentration of each chemical. The owner shall obtain the chemical
information, not including any information that is designated as a
trade secret pursuant to division (I)(1) of this section, from the
company that drilled the well, provided service at the well, or
supplied the chemicals. If the company that drilled the well,
provided service at the well, or supplied the chemicals provides
incomplete or inaccurate chemical information, the owner shall make
reasonable efforts to obtain the required information from the
company or supplier.
(b)
For purposes of division (A)(9)(a) of this section, if recycled fluid
was used, the total volume of recycled fluid and the well that is the
source of the recycled fluid or the centralized facility that is the
source of the recycled fluid.
(10)(a)
If applicable, the type and volume of fluid, not including cement and
its constituents or information that is designated as a trade secret
pursuant to division (I)(1) of this section, used to stimulate the
reservoir of the well, the reservoir breakdown pressure, the method
used for the containment of fluids recovered from the fracturing of
the well, the methods used for the containment of fluids when pulled
from the wellbore from swabbing the well, the average pumping rate of
the well, and the name of the person that performed the well
stimulation. In addition, the owner shall include a copy of the log
from the stimulation of the well, a copy of the invoice for each of
the procedures and methods described in division (A)(10)
of
this section that were used on a well, and a copy of the pumping
pressure and rate graphs. However, the owner may redact from the copy
of each invoice that is required to be included under division
(A)(10) of this section the costs of and charges for the procedures
and methods described in division (A)(10) of this section that were
used on a well.
(b)
If applicable, the trade name and the total volume of all products,
fluids, and substances, and the supplier of each product, fluid, or
substance used to stimulate the well. The owner shall identify each
additive used, provide a brief description of the purpose for which
the additive is used, and include the maximum concentration of the
additive used. In addition, the owner shall include a list of all
chemicals, not including any information that is designated as a
trade secret pursuant to division (I)(1) of this section,
intentionally added to all products, fluids, or substances and
include each chemical's corresponding chemical abstracts service
number and the maximum concentration of each chemical. The owner
shall obtain the chemical information, not including any information
that is designated as a trade secret pursuant to division (I)(1) of
this section, from the company that stimulated the well or supplied
the chemicals. If the company that stimulated the well or supplied
the chemicals provides incomplete or inaccurate chemical information,
the owner shall make reasonable efforts to obtain the required
information from the company or supplier.
(c)
For purposes of division (A)(10)(b) of this section, if recycled
fluid was used, the total volume of recycled fluid and the well that
is the source of the recycled fluid or the centralized facility that
is the source of the recycled fluid.
(11)
(9)
The name of the company that performed the logging of the well and
the types of wireline electric logs performed on the well.
The
well completion record shall be submitted in duplicate. The first
copy shall be retained as a permanent record in the files of the
division, and the second copy shall be transmitted by the chief to
the division of geological survey.
(B)(1)
(C)(1)
Not later than sixty days after the completion of the drilling
operations to the proposed total depth, the owner shall file all
wireline electric logs with the division of oil and gas resources
management and the chief shall transmit such logs electronically, if
available, to the division of geological survey. Such logs may be
retained by the owner for a period of not more than six months, or
such additional time as may be granted by the chief in writing, after
the completion of the well substantially to the depth shown in the
application required by section 1509.06 of the Revised Code.
(2)
If a well is not completed within sixty days after the completion of
drilling operations, the owner shall file with the division of oil
and gas resources management a supplemental well completion record
that includes all of the information required under this section
within sixty days after the completion of the well.
(3)
After a well is initially completed and stimulated and until the well
is plugged, the owner shall report, on a form prescribed by the
chief, all materials placed into the formation to refracture,
restimulate, or newly complete the well. The owner shall submit the
information
within
sixty days after
prior
to
completing
the refracturing, restimulation, or new completion. In addition, the
owner shall report the information required in divisions
(A)(10)(a)
to (c)
(A)(2)
and (3)
of this section, as applicable, in a manner consistent with the
requirements established in this section.
(C)
(D)
Upon request in writing by the chief of the division of geological
survey prior to the beginning of drilling of the well, the person
drilling the well shall make available a complete set of cuttings
accurately identified as to depth.
(D)
(E)
The form of the well completion record required by this section shall
be one that has been prescribed by the chief of the division of oil
and gas resources management and the chief of the division of
geological survey. The filing of a log as required by this section
fulfills the requirement of filing a log with the chief of the
division of geological survey in section 1505.04 of the Revised Code.
(E)
(F)
If a material listed or designated under division
(A)(9)
or (10)
(A)
or
(B)(3)
(C)(3)
of this section is a material for which the division of oil and gas
resources management does not have a material safety data sheet, the
owner shall provide a copy of the material safety data sheet for the
material to the chief.
(F)
(G)
An owner shall submit to the chief the information that is required
in divisions
(A)(10)(b)
(A)(2)
and
(c)
(3)
and
(B)(3)
(C)(3)
of this section consistent with the requirements established in this
section using one of the following methods:
(1)
On a form prescribed by the chief;
(2)
Through the chemical disclosure registry that is maintained by the
ground water protection council and the interstate oil and gas
compact commission;
(3)
Any other means approved by the chief.
(G)
(H)
The chief shall post on the division's web site each material safety
data sheet obtained under division
(E)
(F)
of this section.
In
addition, the chief shall make available through the division's web
site the chemical information that is required by divisions (A)(9)
and (10) and (B)(3) of this section.
(H)(1)
If a medical professional, in order to assist in the diagnosis or
treatment of an individual who was affected by an incident associated
with the production operations of a well, requests the exact chemical
composition of each product, fluid, or substance and of each chemical
component in a product, fluid, or substance that is designated as a
trade secret pursuant to division (I) of this section, the person
claiming the trade secret protection pursuant to that division shall
provide to the medical professional the exact chemical composition of
the product, fluid, or substance and of the chemical component in a
product, fluid, or substance that is requested.
(2)
A medical professional who receives information pursuant to division
(H)(1) of this section shall keep the information confidential and
shall not disclose the information for any purpose that is not
related to the diagnosis or treatment of an individual who was
affected by an incident associated with the production operations of
a well. Nothing in division (H)(2) of this section precludes a
medical professional from making any report required by law or
professional ethical standards
(I)
If there is a change to the chemical information required by
divisions (A) and (C)(3) of this section, the well owner or a person
that provides such information to the owner shall submit the change
to the chief within thirty days after the date the owner or person
first knew of the change
.
(I)(1)
The owner of a well who is required to submit a well completion
record under division (A) of this section or a report under division
(B)(3) of this section or a person that provides information to the
owner as described in and for purposes of division (A)(9) or (10) or
(B)(3) of this section may designate without disclosing on a form
prescribed by the chief and withhold from disclosure to the chief the
identity, amount, concentration, or purpose of a product, fluid, or
substance or of a chemical component in a product, fluid, or
substance as a trade secret. The owner or person may pursue
enforcement of any rights or remedies established in sections 1333.61
to 1333.69 of the Revised Code for misappropriation, as defined in
section 1333.61 of the Revised Code, with respect to the identity,
amount, concentration, or purpose of a product, fluid, or substance
or a chemical component in a product, fluid, or substance designated
as a trade secret pursuant to division (I)(1) of this section.
(J)(1)
The division shall not disclose information regarding the
identity,
specific
amount
,
or
concentration
,
or purpose
of any product, fluid, or substance or of any chemical component in a
product, fluid, or substance
designated
as a trade secret pursuant to division (I)(1) of this section
if
the owner indicates on the form provided by the chief that the
product, fluid, or substance's formula is a confidential trade
secret
.
(2)
A property owner, an adjacent property owner, or any person or agency
of this state having an interest that is or may be adversely affected
by a product, fluid, or substance or by a chemical component in a
product, fluid, or substance may commence a civil action in the court
of common pleas of Franklin county against an owner or person
described in division
(I)(1)
(J)(1)
of this section challenging the owner's or person's claim to
entitlement to trade secret protection for the specific
identity,
amount
,
or
concentration
,
or purpose
of a product, fluid, or substance or of a chemical component in a
product, fluid, or substance pursuant to
that
division
(I)(1) of this section
.
A person who commences
such
a
civil action
pursuant
to division (I)(2) of this section
shall
provide notice to the chief in a manner prescribed by the chief. In
the civil action, the court shall conduct an in camera review of
information submitted by an owner or person
described
in division (I)(1) of this section
to
determine if the
identity,
amount, concentration, or
purpose
both
of
a product, fluid, or substance or of a chemical component in a
product, fluid, or substance pursuant to division
(I)(1)
(J)(1)
of this section is entitled to trade secret protection.
(J)(1)
Except for any information that is designated as a trade secret
pursuant to division (I)(1) of this section and except as provided in
division (J)(2) of this section, the
(K)(1)
The
owner
of a well shall maintain records of all chemicals placed in a well
for a period of not less than two years after the date on which each
such chemical was placed in the well. The chief may inspect the
records at any time concerning any such chemical.
(2)
An owner or person who has designated the
identity,
amount
,
or
concentration
,
or purpose
of a product, fluid, or substance or of a chemical component in a
product, fluid, or substance as a trade secret pursuant to division
(I)(1)
(J)(1)
of this section shall maintain the records for such a product, fluid,
or substance or for a chemical component in a product, fluid, or
substance for a period of not less than two years after the date on
which each such product, fluid, or substance or each such chemical
component in a product, fluid, or substance was placed in the well.
Upon the request of the chief, the owner or person, as applicable,
shall disclose the records to the chief if the information is
necessary to respond to a spill, release, or investigation
.
However, the chief shall not disclose the
,
including any
information
that is designated as a trade secret.
(K)(1)
(L)(1)
For purposes of correcting inaccuracies and incompleteness in
chemical information required by divisions (A)
(9)
and (10)
and
(B)(3)
(C)(3)
of this section, an owner shall be considered in substantial
compliance if the owner has made reasonable efforts to obtain the
required information from the supplier.
(2)
For purposes of reporting under this section, an owner is not
required to report chemicals that occur incidentally or in trace
amounts.
(L)
(M)
As used in this section, the term "material safety data sheet"
shall conform to any revision of or change in the term by the
occupational safety and health administration in the United States
department of labor.
Sec.
1509.101.
(A)
As used in this section, "chemical" means any element,
chemical compound, or mixture of elements or chemical compounds that
has a specific name or identity, including a chemical abstracts
service number that has been disclosed in accordance with divisions
(A) and (C)(3) of section 1509.10 of the Revised Code.
(B)
The chief of the division of oil and gas resources management shall
maintain, on the department of natural resources' web site, a
chemical disclosure database that displays a list of chemicals used
at each well site in this state. The web site shall list the names of
each chemical in alphabetical order and include the chemical
abstracts service registry numbers of each chemical used at each well
site. The chief shall ensure that the web site is searchable by
chemical, date of submission or update of a chemical disclosure, name
and address of the well owner, and county of the well site.
(C)
The chief shall not include in the list of chemicals disclosed on the
web site any of the following:
(1)
The trade name of a chemical product used at a well site;
(2)
The total amount of a chemical in a chemical product or the chemical
formula of any product, fluid, or substance or the amount or
concentration of any product, fluid, or substance.
Sec.
1509.102.
(A)
The chief of the division of oil and gas resources management shall
adopt rules in accordance with Chapter 119. of the Revised Code to
institute a verification process to ensure that well owners are
complying with the disclosure requirements specified in divisions (A)
and (C)(3) of section 1509.10 of the Revised Code. As part of the
verification process, the chief shall require the testing of
wastewater from a random sample of wells each year for a range of
chemical components and shall compare each sample with the applicable
disclosed information. The chief shall make public the sampling
information and include the names and chemical abstracts service
registry numbers of the chemicals identified in the testing.
(B)
If, through the verification process, the chief finds that the owner
of the well did not accurately disclose chemical information required
under divisions (A) and (C)(3) of section 1509.10 of the Revised
Code, the chief shall impose a civil penalty in accordance with
section 1509.33 of the Revised Code.
Section
2.
That
existing section 1509.10 of the Revised Code is hereby repealed.