North Carolina 2021-2022 Session Status: In Committee 10 D cosponsors

HB 635 — Hydraulic Fracturing/Statewide Ban.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

66 added · 65 removed

Plain-language change summary

The updated version of House Bill 635 includes specific language reinforcing that all data and information related to oil and gas exploration should be made available to the public, except for information classified as a trade secret. This change emphasizes transparency in environmental regulations and ensures that the public has access to important information about drilling activities, which can be crucial for community awareness and environmental protection. Maintaining secure records, even for sensitive data, helps balance public interest and commercial confidentiality.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 635 Short Title:
635 Apr 21, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30249-MH-126 Short Title:
Representative Autry.
Representatives Autry, von Haefen, Richardson, and Farkas (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO BAN THE DANGEROUS, POLLUTING, AND UNNECESSARY PRACTICE OF HYDRAULIC FRACTURING THROUGHOUT THE STATE.
Rules, Calendar, and Operations of the House April 22, 2021 A BILL TO BE ENTITLED AN ACT TO BAN THE DANGEROUS, POLLUTING, AND UNNECESSARY PRACTICE OF HYDRAULIC FRACTURING THROUGHOUT THE STATE.
6 BAN ON HYDRAULIC FRACTURING SECTION 1.(a) No agency of the State, including the Department of Environmental Quality, the Environmental Management Commission, the Commission for Public Health, or the Mining and Energy Commission, shall issue a permit for oil or gas exploration or development activities using horizontal drilling and hydraulic fracturing treatments.
6 BAN ON HYDRAULIC FRACTURING SECTION 1.(a) No agencyof the State, including the Department of Environmental Quality, the Environmental Management Commission, the Commission for Public Health, or the Mining and Energy Commission, shall issue a permit for oil or gas exploration or development activities using horizontal drilling and hydraulic fracturing treatments.
"(14) Any other matter the Commission deems necessary for implementation of a modern regulatoryprogram forthemanagement of oil and gas explorationand development in the State and State.
"(14) Any other matter the Commission deems necessary for implementation of a modern regulatoryprogram forthemanagementof oil andgas explorationand development in the State and State.
… (2) Regulation of toxic air emissions from drilling operations, if it determines that the State's current air toxics program and any federal regulations governing toxic air emissions from drilling operations to be adopted by the State by reference are inadequate to protect public health, safety, welfare, and the environment.
… (2) Regulation of toxic air emissions from drillingoperations, if it determines that the State's current air toxics program and any federal regulations governing toxic air emissions from drilling operations to be adopted by the State by reference are inadequate to protect public health, safety, welfare, and the environment.
"(b1) In the exercise of their respective authority over oil and gas exploration and development activities, the Commission and the Department, as applicable, shall have access to all data, records, and information related to such activities, including, but not limited to, seismic *DRH30249-MH-126* General Assembly Of North Carolina Session 2021 surveys, stratigraphic testing, geologic cores, proposed well bore trajectories, hydraulic fracturing fluid chemicals and constituents, trajectories, drilling mud chemistry, and geophysical borehole logs.
"(b1) In the exercise of their respective authority over oil and gas exploration and development activities, the Commission and the Department, as applicable, shall have access to *H635-v-1* General Assembly Of North Carolina Session 2021 all data, records, and information related to such activities, including, but not limited to, seismic surveys, stratigraphic testing, geologic cores, proposed well bore trajectories, hydraulic fracturing fluid chemicals and constituents, trajectories, drilling mud chemistry, and geophysical borehole logs.
113-391, the State Geologist shall serve as the custodian of the confidential information and shall ensure that it is maintained securely as provided in G.S.
113-391, the State Geologist shall serve as the custodian of the confidential information and shall ensure that it is maintained securelyas provided in G.S.
This subsection shall not apply Page 2 DRH30249-MH-126 General Assembly Of North Carolina Session 2021 to wells drilled for the purpose of exploration or development of natural gas through use of horizontal drilling in conjunction with hydraulic fracturing treatments." SECTION 1.(h) G.S.
This subsection shall not apply Page 2 House Bill 635-First Edition General Assembly Of North Carolina Session 2021 to wells drilled for the purpose of exploration or development of natural gas through use of horizontal drilling in conjunction with hydraulic fracturing treatments." SECTION 1.(h) G.S.
Thisact iseffectivewhenit becomes law andapplies to anyapplication for a permit for oil and gas exploration or development activities received by any agency of the State on or after that date.
Thisact iseffectivewhenit becomes lawandapplies to anyapplication for a permit for oil and gas exploration or development activities received by any agency of the State on or after that date.
DRH30249-MH-126 Page 3
House Bill 635-First Edition Page 3
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How this bill changes current law

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Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill bans hydraulic fracturing in North Carolina and makes significant amendments to existing regulatory provisions regarding oil and gas exploration.

  • G.S. 113-391

    the use of horizontal drilling and hydraulic fracturing treatments for that purpose. → This subdivision shall not be interpreted to allow the use of horizontal drilling and hydraulic fracturing for that purpose.

    It explicitly prohibits the interpretation of any regulatory matter to allow hydraulic fracturing.

  • G.S. 113-391(a3)

    In formulating appropriate standards, the Department shall assess emissions from oil and gas exploration and development activities that use horizontal drilling and hydraulic fracturing technologies, activities, including emissions from associated truck traffic, in order to (i) determine the adequacy of the State's current air toxics program to protect landowners who lease their property to drilling operations and (ii) determine the impact on ozone levels in the area in order to determine measures needed to maintain compliance with federal ozone standards.

    It requires the assessment of emissions from hydraulic fracturing activities to determine the adequacy of air quality protections.

  • G.S. 113-391(b1)

    With the exception of information designated as a trade secret, as defined in G.S. 66-152(3), and that is designated as confidential or as a trade secret under G.S. 132-1.2, the Department shall make any information it receives available to the public.

    It mandates transparency of data related to oil and gas activities, subject to trade secret protections.

  • G.S. 113-391(d)

    in which hydraulic fracturing treatments are used for that purpose. → including operations in which hydraulic fracturing treatments are used for that purpose.

    It clarifies that health and safety standards apply to all oil and gas operations, including those using hydraulic fracturing.

  • G.S. 113-391.1(b)

    Horizontal drilling and hydraulic fracturing treatments shall not commence until this written certification has been issued and transmitted as required by this subsection.

    It enforces a requirement that no hydraulic fracturing can start without certification of compliance, which is now implied to be stricter due to the ban.

  • G.S. 113-393(d)

    for the purpose of exploration or development of natural gas through use of horizontal drilling in conjunction with hydraulic fracturing treatments.

    It removes provisions that allowed specified deviations in well drilling for hydraulic fracturing purposes.

  • G.S. 143-214.2(b)

    the injection of hydraulic fracturing fluid for the exploration or development of natural gas resources.

    It eliminates exceptions allowing for the injection of hydraulic fracturing fluid, which aligns with the overall ban.

  • G.S. 113-395(b) are repealed.

    It repeals specific statutes, further reinforcing the ban on hydraulic fracturing.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 17 co-sponsors · 159 not signed on

Sponsors (3)

Co-sponsors (17)

Not signed on (159)

159 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 635?
HB 635 is sponsored by R. Smith, K. Smith, Autry, Richardson, Farkas, Cynthia Ball (Democratic), Deb Butler (Democratic), Becky Carney (Democratic), Everitt, Fisher, Gill, Pricey Harrison (Democratic), Zack Hawkins (Democratic), Insko, Carolyn G. Logan (Democratic), Meyer, Marcia Morey (Democratic), Cecil Brockman (Democratic), Eric Ager (Democratic), and Julie von Haefen (Democratic).
What is the current status of HB 635?
This bill died with 2021-2022 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 635?
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