HB 958

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  1
  1509.101 and 1509.102 of the Revised Code to  2
  alter the requirements regarding the disclosure  3
  of certain information involving chemicals used  4
  in oil and gas well operations.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 1509.10 be amended and sections  6
1509.101 and 1509.102 of the Revised Code be enacted to read as  7
follows:  8
     Sec. 1509.10. (A) Beginning with the commencement of  9
drilling at a well within this state and whenever a change in  10
information occurs until the completion of drilling operations,  11
the owner of the well shall file with the division of oil and  12
gas resources management, in a manner prescribed by the chief of        13
the division of oil and gas resources management, all of the  14
following, if applicable:  15
     (1) The trade name and the total amount of all products,  16
fluids, and substances, and the supplier of each product, fluid,        17
or substance, not including cement and its constituents and lost        18
circulation materials, intentionally added to facilitate the  19
H. B. No. 958  Page 2
As Introduced
drilling of any portion of the well until the surface casing is  20
set and properly sealed. The owner shall identify each additive  21
used and provide a brief description of the purpose for which  22
the additive is used. In addition, the owner shall include a  23
list of all chemicals intentionally added to all products,  24
fluids, or substances and include each chemical's corresponding  25
chemical abstracts service number and the maximum concentration  26
of each chemical. The owner shall obtain the chemical  27
information from the company that drilled the well, provided  28
service at the well, or supplied the chemicals. If the company  29
that drilled the well, provided service at the well, or supplied  30
the chemicals provides incomplete or inaccurate chemical  31
information, the owner shall make reasonable efforts to obtain  32
the required information from the company or supplier.  33
       For purposes of division (A)(1) of this section, if  34
recycled fluid was used, the owner shall submit the total volume  35
of recycled fluid and the well that is the source of the  36
recycled fluid or the centralized facility that is the source of  37
the recycled fluid.  38
       (2) The type and volume of fluid, not including cement and  39
its constituents, used to stimulate the reservoir of the well,  40
the reservoir breakdown pressure, the method used for the  41
containment of fluids recovered from the fracturing of the well,  42
the methods used for the containment of fluids when pulled from  43
the wellbore from swabbing the well, the average pumping rate of  44
the well, and the name of the person that performed the well  45
stimulation. In addition, the owner shall include a copy of the  46
log from the stimulation of the well, a copy of the invoice for  47
each of the procedures and methods described in division (A)(2)  48
of this section that were used on a well, and a copy of the  49
pumping pressure and rate graphs. However, the owner may redact  50
H. B. No. 958  Page 3
As Introduced
from the copy of each invoice that is required to be included  51
under division (A)(2) of this section the costs of and charges  52
for the procedures and methods described in division (A)(2) of  53
this section that were used on a well.  54
       (3) The trade name and the total volume of all products,  55
fluids, and substances, and the supplier of each product, fluid,  56
or substance used to stimulate the well. The owner shall  57
identify each additive used, provide a brief description of the  58
purpose for which the additive is used, and include the maximum  59
concentration of the additive used. In addition, the owner shall  60
include a list of all chemicals intentionally added to all  61
products, fluids, or substances and include each chemical's  62
corresponding chemical abstracts service number and the maximum  63
concentration of each chemical. The owner shall obtain the  64
chemical information from the company that stimulated the well  65
or supplied the chemicals. If the company that stimulated the  66
well or supplied the chemicals provides incomplete or inaccurate  67
chemical information, the owner shall make reasonable efforts to  68
obtain the required information from the company or supplier.  69
       For purposes of division (A)(3) of this section, if  70
recycled fluid was used, the owner shall submit total volume of  71
recycled fluid and the well that is the source of the recycled  72
fluid or the centralized facility that is the source of the  73
recycled fluid.  74
       (B) Any person drilling within the state shall, within  75
sixty days after the completion of drilling operations to the  76
proposed total depth or after a determination that a well is a  77
dry or lost hole, file with the division of oil and gas  78
resources management all wireline electric logs and an accurate  79
well completion record on a form that is prescribed by the chief  80
H. B. No. 958  Page 4
As Introduced
of the division of oil and gas resources management that  81
designates:  82
       (1) The purpose for which the well was drilled;  83
       (2) The character, depth, and thickness of geological  84
units encountered, including coal seams, mineral beds,  85
associated fluids such as fresh water, brine, and crude oil,  86
natural gas, and sour gas, if such seams, beds, fluids, or gases  87
are known;  88
       (3) The dates on which drilling operations were commenced  89
and completed;  90
       (4) The types of drilling tools used and the name of the  91
person that drilled the well;  92
       (5) The length in feet of the various sizes of casing and  93
tubing used in drilling the well, the amount removed after  94
completion, the type and setting depth of each packer, all other  95
data relating to cementing in the annular space behind such  96
casing or tubing, and data indicating completion as a dry, gas,  97
oil, combination oil and gas, brine injection, or artificial  98
brine well or a stratigraphic test;  99
       (6) The number of perforations in the casing and the  100
intervals of the perforations;  101
       (7) The elevation above mean sea level of the point from  102
which the depth measurements were made, stating also the height  103
of the point above ground level at the well, the total depth of  104
the well, and the deepest geological unit that was penetrated in  105
the drilling of the well;  106
       (8) If applicable, the type, volume, and concentration of  107
acid, and the date on which acid was used in acidizing the well;  108
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As Introduced
       (9)(a) If applicable, the trade name and the total amount  109
of all products, fluids, and substances, and the supplier of  110
each product, fluid, or substance, not including cement and its  111
constituents and lost circulation materials, intentionally added  112
to facilitate the drilling of any portion of the well until the  113
surface casing is set and properly sealed. The owner shall  114
identify each additive used and provide a brief description of  115
the purpose for which the additive is used. In addition, the  116
owner shall include a list of all chemicals, not including any  117
information that is designated as a trade secret pursuant to  118
division (I)(1) of this section, intentionally added to all  119
products, fluids, or substances and include each chemical's  120
corresponding chemical abstracts service number and the maximum  121
concentration of each chemical. The owner shall obtain the  122
chemical information, not including any information that is  123
designated as a trade secret pursuant to division (I)(1) of this  124
section, from the company that drilled the well, provided  125
service at the well, or supplied the chemicals. If the company  126
that drilled the well, provided service at the well, or supplied  127
the chemicals provides incomplete or inaccurate chemical  128
information, the owner shall make reasonable efforts to obtain  129
the required information from the company or supplier.  130
       (b) For purposes of division (A)(9)(a) of this section, if  131
recycled fluid was used, the total volume of recycled fluid and  132
the well that is the source of the recycled fluid or the  133
centralized facility that is the source of the recycled fluid.  134
       (10)(a) If applicable, the type and volume of fluid, not  135
including cement and its constituents or information that is  136
designated as a trade secret pursuant to division (I)(1) of this  137
section, used to stimulate the reservoir of the well, the  138
reservoir breakdown pressure, the method used for the  139
H. B. No. 958  Page 6
As Introduced
containment of fluids recovered from the fracturing of the well,  140
the methods used for the containment of fluids when pulled from  141
the wellbore from swabbing the well, the average pumping rate of  142
the well, and the name of the person that performed the well  143
stimulation. In addition, the owner shall include a copy of the  144
log from the stimulation of the well, a copy of the invoice for  145
each of the procedures and methods described in division (A)(10)  146
of this section that were used on a well, and a copy of the  147
pumping pressure and rate graphs. However, the owner may redact  148
from the copy of each invoice that is required to be included  149
under division (A)(10) of this section the costs of and charges  150
for the procedures and methods described in division (A)(10) of  151
this section that were used on a well.  152
       (b) If applicable, the trade name and the total volume of  153
all products, fluids, and substances, and the supplier of each  154
product, fluid, or substance used to stimulate the well. The  155
owner shall identify each additive used, provide a brief  156
description of the purpose for which the additive is used, and  157
include the maximum concentration of the additive used. In  158
addition, the owner shall include a list of all chemicals, not  159
including any information that is designated as a trade secret  160
pursuant to division (I)(1) of this section, intentionally added  161
to all products, fluids, or substances and include each  162
chemical's corresponding chemical abstracts service number and  163
the maximum concentration of each chemical. The owner shall  164
obtain the chemical information, not including any information  165
that is designated as a trade secret pursuant to division (I)(1)  166
of this section, from the company that stimulated the well or  167
supplied the chemicals. If the company that stimulated the well  168
or supplied the chemicals provides incomplete or inaccurate  169
chemical information, the owner shall make reasonable efforts to  170
H. B. No. 958  Page 7
As Introduced
obtain the required information from the company or supplier.  171
        (c) For purposes of division (A)(10)(b) of this section,  172
if recycled fluid was used, the total volume of recycled fluid  173
and the well that is the source of the recycled fluid or the  174
centralized facility that is the source of the recycled fluid.  175
        (11)(9) The name of the company that performed the logging  176
of the well and the types of wireline electric logs performed on  177
the well.  178
        The well completion record shall be submitted in  179
duplicate. The first copy shall be retained as a permanent  180
record in the files of the division, and the second copy shall  181
be transmitted by the chief to the division of geological  182
survey.  183
        (B)(1)(C)(1) Not later than sixty days after the  184
completion of the drilling operations to the proposed total  185
depth, the owner shall file all wireline electric logs with the  186
division of oil and gas resources management and the chief shall  187
transmit such logs electronically, if available, to the division  188
of geological survey. Such logs may be retained by the owner for  189
a period of not more than six months, or such additional time as  190
may be granted by the chief in writing, after the completion of  191
the well substantially to the depth shown in the application  192
required by section 1509.06 of the Revised Code.  193
        (2) If a well is not completed within sixty days after the  194
completion of drilling operations, the owner shall file with the  195
division of oil and gas resources management a supplemental well  196
completion record that includes all of the information required  197
under this section within sixty days after the completion of the  198
well.  199
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As Introduced
       (3) After a well is initially completed and stimulated and  200
until the well is plugged, the owner shall report, on a form  201
prescribed by the chief, all materials placed into the formation  202
to refracture, restimulate, or newly complete the well. The  203
owner shall submit the information within sixty days after prior  204
to completing the refracturing, restimulation, or new  205
completion. In addition, the owner shall report the information  206
required in divisions (A)(10)(a) to (c)(A)(2) and (3) of this  207
section, as applicable, in a manner consistent with the  208
requirements established in this section.  209
       (C)(D) Upon request in writing by the chief of the  210
division of geological survey prior to the beginning of drilling  211
of the well, the person drilling the well shall make available a  212
complete set of cuttings accurately identified as to depth.  213
       (D)(E) The form of the well completion record required by  214
this section shall be one that has been prescribed by the chief  215
of the division of oil and gas resources management and the  216
chief of the division of geological survey. The filing of a log  217
as required by this section fulfills the requirement of filing a  218
log with the chief of the division of geological survey in  219
section 1505.04 of the Revised Code.  220
       (E)(F) If a material listed or designated under division  221
(A)(9) or (10)(A) or (B)(3)(C)(3) of this section is a material  222
for which the division of oil and gas resources management does  223
not have a material safety data sheet, the owner shall provide a  224
copy of the material safety data sheet for the material to the  225
chief.  226
       (F)(G) An owner shall submit to the chief the information  227
that is required in divisions (A)(10)(b)(A)(2) and (c)(3) and  228
(B)(3)(C)(3) of this section consistent with the requirements  229
H. B. No. 958  Page 9
As Introduced
established in this section using one of the following methods:  230
       (1) On a form prescribed by the chief;  231
       (2) Through the chemical disclosure registry that is  232
maintained by the ground water protection council and the  233
interstate oil and gas compact commission;  234
       (3) Any other means approved by the chief.  235
       (G)(H) The chief shall post on the division's web site  236
each material safety data sheet obtained under division (E)(F)  237
of this section. In addition, the chief shall make available  238
through the division's web site the chemical information that is  239
required by divisions (A)(9) and (10) and (B)(3) of this  240
section.  241
       (H)(1) If a medical professional, in order to assist in  242
the diagnosis or treatment of an individual who was affected by  243
an incident associated with the production operations of a well,  244
requests the exact chemical composition of each product, fluid,  245
or substance and of each chemical component in a product, fluid,  246
or substance that is designated as a trade secret pursuant to  247
division (I) of this section, the person claiming the trade  248
secret protection pursuant to that division shall provide to the  249
medical professional the exact chemical composition of the  250
product, fluid, or substance and of the chemical component in a  251
product, fluid, or substance that is requested.  252
       (2) A medical professional who receives information  253
pursuant to division (H)(1) of this section shall keep the  254
information confidential and shall not disclose the information  255
for any purpose that is not related to the diagnosis or  256
treatment of an individual who was affected by an incident  257
associated with the production operations of a well. Nothing in  258
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As Introduced
division (H)(2) of this section precludes a medical professional  259
from making any report required by law or professional ethical  260
standards(I) If there is a change to the chemical information  261
required by divisions (A) and (C)(3) of this section, the well  262
owner or a person that provides such information to the owner  263
shall submit the change to the chief within thirty days after  264
the date the owner or person first knew of the change.  265
       (I)(1) The owner of a well who is required to submit a  266
well completion record under division (A) of this section or a  267
report under division (B)(3) of this section or a person that  268
provides information to the owner as described in and for  269
purposes of division (A)(9) or (10) or (B)(3) of this section  270
may designate without disclosing on a form prescribed by the  271
chief and withhold from disclosure to the chief the identity,  272
amount, concentration, or purpose of a product, fluid, or  273
substance or of a chemical component in a product, fluid, or  274
substance as a trade secret. The owner or person may pursue  275
enforcement of any rights or remedies established in sections  276
1333.61 to 1333.69 of the Revised Code for misappropriation, as  277
defined in section 1333.61 of the Revised Code, with respect to  278
the identity, amount, concentration, or purpose of a product,  279
fluid, or substance or a chemical component in a product, fluid,  280
or substance designated as a trade secret pursuant to division  281
(I)(1) of this section.(J)(1) The division shall not disclose  282
information regarding the identity, specific amount, or  283
concentration, or purpose of any product, fluid, or substance or  284
of any chemical component in a product, fluid, or substance  285
designated as a trade secret pursuant to division (I)(1) of this  286
sectionif the owner indicates on the form provided by the chief  287
that the product, fluid, or substance's formula is a  288
confidential trade secret.  289
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As Introduced
       (2) A property owner, an adjacent property owner, or any  290
person or agency of this state having an interest that is or may  291
be adversely affected by a product, fluid, or substance or by a  292
chemical component in a product, fluid, or substance may  293
commence a civil action in the court of common pleas of Franklin  294
county against an owner or person described in division (I)(1)  295
(J)(1) of this section challenging the owner's or person's claim  296
to entitlement to trade secret protection for the specific  297
identity, amount, or concentration, or purpose of a product,  298
fluid, or substance or of a chemical component in a product,  299
fluid, or substance pursuant to that division (I)(1) of this  300
section. A person who commences such a civil action pursuant to  301
division (I)(2) of this section shall provide notice to the  302
chief in a manner prescribed by the chief. In the civil action,  303
the court shall conduct an in camera review of information  304
submitted by an owner or person described in division (I)(1) of  305
this section to determine if the identity, amount,  306
concentration, or purpose both of a product, fluid, or substance  307
or of a chemical component in a product, fluid, or substance  308
pursuant to division (I)(1)(J)(1) of this section is entitled to  309
trade secret protection.  310
       (J)(1) Except for any information that is designated as a  311
trade secret pursuant to division (I)(1) of this section and  312
except as provided in division (J)(2) of this section, the (K)  313
(1) The owner of a well shall maintain records of all chemicals  314
placed in a well for a period of not less than two years after  315
the date on which each such chemical was placed in the well. The  316
chief may inspect the records at any time concerning any such  317
chemical.  318
       (2) An owner or person who has designated the identity,  319
amount, or concentration, or purpose of a product, fluid, or  320
H. B. No. 958  Page 12
As Introduced
substance or of a chemical component in a product, fluid, or  321
substance as a trade secret pursuant to division (I)(1)(J)(1) of  322
this section shall maintain the records for such a product,  323
fluid, or substance or for a chemical component in a product,  324
fluid, or substance for a period of not less than two years  325
after the date on which each such product, fluid, or substance  326
or each such chemical component in a product, fluid, or  327
substance was placed in the well. Upon the request of the chief,  328
the owner or person, as applicable, shall disclose the records  329
to the chief if the information is necessary to respond to a  330
spill, release, or investigation. However, the chief shall not  331
disclose the , including any information that is designated as a  332
trade secret.  333
       (K)(1)(L)(1) For purposes of correcting inaccuracies and  334
incompleteness in chemical information required by divisions (A)  335
(9) and (10) and (B)(3)(C)(3) of this section, an owner shall be  336
considered in substantial compliance if the owner has made  337
reasonable efforts to obtain the required information from the  338
supplier.  339
       (2) For purposes of reporting under this section, an owner  340
is not required to report chemicals that occur incidentally or  341
in trace amounts.  342
       (L)(M) As used in this section, the term "material safety  343
data sheet" shall conform to any revision of or change in the  344
term by the occupational safety and health administration in the  345
United States department of labor.  346
       Sec. 1509.101. (A) As used in this section, "chemical"  347
means any element, chemical compound, or mixture of elements or  348
chemical compounds that has a specific name or identity,  349
including a chemical abstracts service number that has been  350
H. B. No. 958  Page 13
As Introduced
disclosed in accordance with divisions (A) and (C)(3) of section  351
1509.10 of the Revised Code.  352
        (B) The chief of the division of oil and gas resources  353
management shall maintain, on the department of natural  354
resources' web site, a chemical disclosure database that  355
displays a list of chemicals used at each well site in this  356
state. The web site shall list the names of each chemical in  357
alphabetical order and include the chemical abstracts service  358
registry numbers of each chemical used at each well site. The  359
chief shall ensure that the web site is searchable by chemical,  360
date of submission or update of a chemical disclosure, name and  361
address of the well owner, and county of the well site.  362
        (C) The chief shall not include in the list of chemicals  363
disclosed on the web site any of the following:  364
        (1) The trade name of a chemical product used at a well  365
site;  366
        (2) The total amount of a chemical in a chemical product  367
or the chemical formula of any product, fluid, or substance or  368
the amount or concentration of any product, fluid, or substance.  369
        Sec. 1509.102. (A) The chief of the division of oil and  370
gas resources management shall adopt rules in accordance with  371
Chapter 119. of the Revised Code to institute a verification  372
process to ensure that well owners are complying with the  373
disclosure requirements specified in divisions (A) and (C)(3) of  374
section 1509.10 of the Revised Code. As part of the verification  375
process, the chief shall require the testing of wastewater from  376
a random sample of wells each year for a range of chemical  377
components and shall compare each sample with the applicable  378
disclosed information. The chief shall make public the sampling  379
H. B. No. 958  Page 14
As Introduced
information and include the names and chemical abstracts service  380
registry numbers of the chemicals identified in the testing.  381
       (B) If, through the verification process, the chief finds  382
that the owner of the well did not accurately disclose chemical  383
information required under divisions (A) and (C)(3) of section  384
1509.10 of the Revised Code, the chief shall impose a civil  385
penalty in accordance with section 1509.33 of the Revised Code.  386
       Section 2. That existing section 1509.10 of the Revised  387
Code is hereby repealed.  388