Amendments for HB22-1348

House Journal, April 18
26 HB22-1348 be amended as follows, and as so amended, be referred to
27 the Committee on Appropriations with favorable
28 recommendation:
29
30 Amend printed bill, page 7, after line 24 insert:
31
32 "(III) "CHEMICAL PRODUCT" DOES NOT INCLUDE THE STRUCTURAL
33 AND MECHANICAL COMPONENTS OF A WELL SITE WHERE DOWNHOLE
34 OPERATIONS ARE BEING CONDUCTED.".
35
36 Page 8, strike lines 6 through 10 and substitute:
37
38 "(l) "HIGH-PRIORITY HABITAT" MEANS HABITAT AREAS IDENTIFIED
39 BY THE DIVISION WHERE MEASURES TO AVOID, MINIMIZE, AND MITIGATE
40 ADVERSE IMPACTS TO WILDLIFE HAVE BEEN IDENTIFIED TO PROTECT
41 BREEDING, NESTING, FORAGING, MIGRATING, OR OTHER USES BY
42 WILDLIFE.".
43
44 Page 11, lines 9 and 10, strike "UNIQUE NUMERICAL IDENTIFIER ASSIGNED
45 BY THE AMERICAN PETROLEUM INSTITUTE" and substitute "US WELL
46 NUMBER ASSIGNED".
47
48 Page 11, line 21, strike "AT LEAST SEVENTY-FIVE DAYS BEFORE" and
49 substitute "WITHIN ONE HUNDRED TWENTY DAYS AFTER".
50
51 Page 11, line 27, strike "AT LEAST SEVENTY-FIVE DAYS BEFORE" and
52 substitute "WITHIN ONE HUNDRED TWENTY DAYS AFTER THE".
53
54 Page 14, strike lines 21 through 27.
55
1 Page 15, strike lines 1 through 4 and substitute:
2
3 "(b) THE CHEMICAL DISCLOSURE LIST MUST BE DISCLOSED IN
4 ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION WITHIN THIRTY
5 DAYS AFTER THE OPERATOR'S RECEIPT OF THE CHEMICAL DISCLOSURE LIST
6 FROM THE COMMISSION.".
7
8 Page 19, after line 18 insert:
9
10 "(11) Local governments. NOTHING IN THIS SECTION OR THE
11 RULES PROMULGATED BY THE COMMISSION PURSUANT TO THIS SECTION
12 LIMITS A LOCAL GOVERNMENT FROM ENACTING OR ENFORCING ANY
13 ORDINANCE, REGULATION, OR OTHER LAW RELATED TO THE DISCLOSURE
14 OF ANY CHEMICAL PRODUCT.".
15
16

House Journal, April 22
14 HB22-1348 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend printed bill, page 19, before line 19 insert:
19
20 "SECTION 3. Appropriation. (1) For the 2022-23 state fiscal
21 year, $61,500 is appropriated to the department of natural resources. This
22 appropriation is from the oil and gas conservation and environmental
23 response fund created in section 34-60-122 (5)(a), C.R.S. To implement
24 this act, the department may use this appropriation for the purchase of
25 information technology services.
26 (2) For the 2022-23 state fiscal year, $61,500 is appropriated to
27 the office of the governor for use by the office of information technology.
28 This appropriation is from reappropriated funds received from the
29 department of natural resources under subsection (1) of this section. To
30 implement this act, the office may use this appropriation to provide
31 information technology services for the department of natural resources.".
32
33 Renumber succeeding section accordingly.
34
35 Page 1, line 102, strike "PRODUCTION." and substitute "PRODUCTION,
36 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
37
38

House Journal, April 26
39 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
40 placed in member’s bill file; Report also printed in House Journal,
41 April 22, 2022.
42
43 Amendment No. 2, Energy & Environment Report, dated April 14, 2022,
44 and placed in member’s bill file; Report also printed in House Journal,
45 April 18, 2022.
46
47 Amendment No. 3, by Representative Froelich:
48
49 Amend printed bill, page 5, line 14, strike "manufacturers, rather than
50 operators and suppliers," and substitute "manufacturers and disclosers,
51 rather than operators,".
52
53 Page 6, line 5, strike "manufacturers" and substitute "disclosers".
54
55 Page 9, line 20, strike "Manufacturer" and substitute "Discloser".
1 Page 9, line 22, strike "MANUFACTURER" and substitute "DISCLOSER".
2
3 Page 10, line 9, strike "MANUFACTURERS" and substitute "DISCLOSERS".
4
5 Page 10, line 17, strike "MANUFACTURERS" and substitute "DISCLOSERS".
6
7 Page 10, line 22, strike "MANUFACTURER" and substitute "DISCLOSER".
8
9 Page 12, line 8, strike "MANUFACTURER" and substitute "DISCLOSER".
10
11 Page 12, line 10, strike "MANUFACTURER" and substitute "DISCLOSER".
12
13 Page 13, line 9, strike "MANUFACTURER" and substitute "DISCLOSER".
14
15 Page 13, line 11, strike "MANUFACTURER" and substitute "DISCLOSER".
16
17 Amendment No. 4, by Representative Froelich:
18
19 Amend printed bill, page 7, after line 24 insert:
20 "(i) (I) "DIRECT VENDOR" MEANS ANY DISTRIBUTOR, SUPPLIER, OR
21 OTHER ENTITY THAT SELLS OR SUPPLIES ONE OR MORE CHEMICAL
22 PRODUCTS DIRECTLY TO AN OPERATOR OR SERVICE PROVIDER FOR USE AT
23 A WELL SITE.
24 (II) "DIRECT VENDOR" DOES NOT INCLUDE ENTITIES THAT
25 MANUFACTURE, PRODUCE, OR FORMULATE CHEMICAL PRODUCTS FOR
26 FURTHER MANUFACTURE, FORMULATION, SALE, OR DISTRIBUTION BY
27 THIRD PARTIES PRIOR TO BEING SUPPLIED DIRECTLY TO OPERATORS OR
28 SERVICE PROVIDERS.
29 (j) "DISCLOSER" MEANS AN OPERATOR, ANY SERVICE PROVIDER
30 USING ONE OR MORE CHEMICAL PRODUCTS IN THE COURSE OF DOWNHOLE
31 OPERATIONS, AND ANY DIRECT VENDOR THAT PROVIDES ONE OR MORE
32 CHEMICAL PRODUCTS DIRECTLY TO THE OPERATOR OR SERVICE PROVIDER
33 FOR USE AT A WELL SITE.".
34
35 Reletter succeeding paragraphs accordingly.
36
37 Page 16, strike lines 6 through 10.
38
39 Reletter succeeding paragraphs accordingly.
40
41 Page 16, lines 11 through 12, strike "INFORMATION COVERED BY THE
42 TRADE SECRET CLAIM CONSTITUTES A TRADE SECRET:" and substitute
43 "TRADE SECRET CLAIM IS COMPLETE:".
44
45 Page 16, strike lines 17 through 27.
46
47 Page 17, strike lines 1 through 4.
48
49 Page 19, after line 18 insert:
50 "(12) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NOTHING
51 IN THIS SECTION OR THE RULES PROMULGATED BY THE COMMISSION
52 PURSUANT TO THIS SECTION PREVENTS THE COMMISSION, THE STATE, OR
53 A LOCAL GOVERNMENT FROM COLLECTING CHEMICAL DISCLOSURE
54 INFORMATION FROM DISCLOSERS OR OPERATORS UNDER ANY OTHER
55 PROVISION OF LAW.".
1 Amendment No. 5, by Representative Froelich:
2
3 Amend printed bill, page 7, strike line 15 and substitute "USED IN".
4
5 Page 8, line 19, strike "THE" and substitute "A".
6
7 Page 10, after line 27 insert:
8
9 "(d) IF A MANUFACTURER DOES NOT PROVIDE THE INFORMATION
10 DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION FOR A CHEMICAL
11 PRODUCT THAT IT SELLS OR DISTRIBUTES FOR USE IN DOWNHOLE
12 OPERATIONS IN THE STATE TO A DISCLOSER UPON THE REQUEST OF THE
13 DISCLOSER, THE MANUFACTURER MUST PROVIDE THE COMMISSION WITH
14 A TRADE SECRET FORM OF ENTITLEMENT, AS DETERMINED BY THE
15 COMMISSION BY RULE, FOR THE CHEMICAL PRODUCT. AT A MINIMUM, THE
16 MANUFACTURER MUST INCLUDE IN THE TRADE SECRET FORM OF
17 ENTITLEMENT FOR THE CHEMICAL PRODUCT:
18 (I) THE NAME OF EACH CHEMICAL USED IN THE CHEMICAL
19 PRODUCT;
20 (II) THE CHEMICAL ABSTRACTS SERVICE NUMBER OF EACH
21 CHEMICAL USED IN THE CHEMICAL PRODUCT; AND
22 (III) THE CONCENTRATION OF EACH CHEMICAL USED IN THE
23 CHEMICAL PRODUCT.
24 (e) IF, AFTER MAKING A REQUEST TO THE MANUFACTURER OF THE
25 CHEMICAL PRODUCT PURSUANT TO SUBSECTION (2)(d) OF THIS SECTION,
26 A DISCLOSER IS UNABLE TO DISCLOSE THE INFORMATION DESCRIBED IN
27 SUBSECTION (2)(a)(I) OF THIS SECTION, THE DISCLOSER SHALL DISCLOSE
28 TO THE COMMISSION:
29 (I) THE NAME OF THE CHEMICAL PRODUCT'S MANUFACTURER;
30 (II) THE CHEMICAL PRODUCT'S TRADE NAME;
31 (III) THE AMOUNT OR WEIGHT OF THE CHEMICAL PRODUCT; AND
32 (IV) A SAFETY DATA SHEET FOR THE CHEMICAL PRODUCT.".
33
34 Page 11, line 13, strike "PLANS TO USE" and substitute "USED".
35
36 Page 12, line 20, strike "PLANS TO USE" and substitute "USED".
37
38 Page 15, line 7, strike "(2)(a)(I)" and substitute "(2)(d)".
39
40 As amended, ordered engrossed and placed on the Calendar for Third
41 Reading and Final Passage.
42

Senate Journal, May 4
After consideration on the merits, the Committee recommends that HB22-1348 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, strike lines 22 through 25 and substitute:
"(III) Ensuring that operators disclose chemical information to the state,
local governments, and communities in close proximity to operations after the
operations have commenced; and".

Page 6, line 3, after "production;" insert "and".

Page 6, strike lines 4 and 5.

Renumber succeeding subparagraph accordingly.

Page 8, line 17, after "GAS" insert "PRODUCTION".

Page 10, line 12, after "STATE" insert "OR THAT USES A CHEMICAL PRODUCT IN
DOWNHOLE OPERATIONS IN THE STATE".

Page 10, line 17, strike "ESTIMATED AMOUNT" and substitute
"CONCENTRATION".

Page 10, line 26, after "2023," insert "OR THAT WERE USING THE CHEMICAL
PRODUCT BEFORE JULY 31, 2023,".

Page 11, line 5, strike "SELL OR DISTRIBUTE" and substitute "SELL, DISTRIBUTE,
OR USE".

Page 11, line 10, strike "SELLING OR DISTRIBUTING" and substitute "SELLING,
DISTRIBUTING, OR USING".

Page 11, line 19, strike "DISCLOSER," and substitute "DISCLOSER OR THE
COMMISSION,".
Page 12, after line 11 insert:
"(f) IN THE EVENT THAT THE DISCLOSER IS UNABLE TO DISCLOSE THE
INFORMATION DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS SECTION, THE
COMMISSION SHALL OBTAIN THE INFORMATION DESCRIBED IN SUBSECTION
(2)(a)(I) OF THIS SECTION FROM THE MANUFACTURER.".

Page 12, line 20, before "US" insert "UNIQUE NUMERICAL IDENTIFIER ASSIGNED
BY THE AMERICAN PETROLEUM INSTITUTE TO THE WELL WHERE DOWNHOLE
OPERATIONS ARE BEING OR WILL BE CONDUCTED AND THE".

Page 13, line 19, strike "OPERATOR" and substitute "OPERATOR, OR IN THE CASE
OF DISCLOSURE UNDER SUBSECTION (2)(d) OF THIS SECTION, THE
MANUFACTURER,".

Page 14, line 3, strike "ESTIMATED AMOUNT" and substitute "CONCENTRATION".

Page 14, line 10, strike "SEVEN" and substitute "THIRTY".

Page 15, strike lines 9 through 14 and substitute:

"(I) ALL OWNERS OF MINERALS THAT ARE BEING DEVELOPED AT THE
WELL SITE;
(II) ALL SURFACE OWNERS, BUILDING UNIT OWNERS, AND RESIDENTS,
INCLUDING TENANTS OF BOTH RESIDENTIAL AND COMMERCIAL PROPERTIES,
THAT ARE WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE;
(III) THE STATE LAND BOARD IF THE STATE OWNS MINERALS THAT ARE
BEING DEVELOPED AT THE WELL SITE;
(IV) THE FEDERAL BUREAU OF LAND MANAGEMENT IF THE UNITED
STATES OWNS THE MINERALS THAT ARE BEING DEVELOPED AT THE WELL SITE;
(V) THE SOUTHERN UTE INDIAN TRIBE IF THE MINERALS BEING
DEVELOPED AT THE WELL SITE ARE WITHIN THE EXTERIOR BOUNDARY OF THE
TRIBE'S RESERVATION AND ARE SUBJECT TO THE JURISDICTION OF THE
COMMISSION;
(VI) ALL SCHOOLS, CHILD CARE CENTERS, AND SCHOOL GOVERNING
BODIES WITHIN TWO THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE;
(VII) POLICE DEPARTMENTS, FIRE DEPARTMENTS, EMERGENCY SERVICE
AGENCIES, AND FIRST RESPONDER AGENCIES THAT HAVE A JURISDICTION THAT
INCLUDES THE WELL SITE;
(VIII) LOCAL GOVERNMENTS THAT HAVE A JURISDICTION WITHIN TWO
THOUSAND SIX HUNDRED FORTY FEET OF THE WELL SITE;".

Renumber succeeding subparagraphs accordingly.

Page 17, line 5, before "COMMISSION" insert "DIRECTOR OF THE".

Page 17, line 7, strike "MANUFACTURER BY CERTIFIED MAIL." and substitute
"MANUFACTURER.".

Page 17, line 12, before "COMMISSION" insert "DIRECTOR OF THE".

Page 19, strike lines 19 through 26 and substitute:
"(II) THE COMMISSION SHALL PRESENT THE ANNUAL REPORT TO THE
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE ENERGY
AND ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR
SUCCESSOR COMMITTEES, DURING THE COMMITTEES' HEARINGS HELD PRIOR TO
THE 2026 REGULAR SESSION, AND EACH SESSION THEREAFTER, OF THE GENERAL
ASSEMBLY UNDER THE "STATE MEASUREMENT FOR ACCOUNTABLE,
RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF
ARTICLE 7 OF TITLE 2. THE COMMISSION SHALL ALSO POST THE REPORT ON THE
COMMISSION'S WEBSITE.".

Page 20, strike line 11 and substitute:

"(12) Collection of chemical disclosure information under other
provisions of law. NOTWITHSTANDING ANY LAW TO THE CONTRARY, NOTHING".

Page 20, line 15, strike "DISCLOSERS" and substitute "DISCLOSERS,
MANUFACTURERS,".
Strike "DISCLOSER" and substitute "DISCLOSER, MANUFACTURER," on: Page 13,
line 21; and Page 14, lines 20 and 22.


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