Link for SB786: http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S786v7.pdf
SB 786 infringes on property rights:
SECTION 12. G.S. 113-420 reads as rewritten:
"§ 113-420. Notice and entry to property.
(a) Notice Required for Activities That Do Not Disturb Surface of Property to Surface Owner. – If an oil or gas developer or operator is not the surface owner of the property on which oil and gas operations are to occur, before entering the property for oil or gas operations that do not disturb the surface, including inspections, staking, surveys, measurements, and general evaluation of proposed routes and sites for oil or gas drilling operations, the developer or operator shall give written notice to the surface owner at least 14 days before the desired date of entry to the property. Notice shall be given by certified mail, return receipt requested. (and in b1).....Entry upon land by such a person creates a rebuttable presumption that the surface owner properly protected the person against personal injury or property damage while the person was on the land.
SB786 protects trade secrets. Although the Uniform Trade Secrets Act by definition would not protect specific ingredients in fracking solutions, it has been used exactly for that purpose by the Fracking Industry. Since there is no language in the bill or rules that specifies that all ingredients will be public knowledge or must be reported to the public, we know the same will be true in NC.
SECTION 8.(a) Article 27 of Chapter 113 of the General Statutes is amended by adding a new section to read:
"§ 113-391.1. Trade secret and confidential information determination; protection; retention; disclosure to emergency personnel.
(a) Legislative Findings. – The General Assembly finds that while confidential information must be maintained as such with the utmost care, for the protection of public health, safety, and the environment, the information should be immediately accessible to first responders and medical personnel in the event that the information is deemed necessary to address an emergency.
(d) Penalties for Unlawful Disclosure. – Except as provided in subsection (c) of this section or as otherwise provided by law, any person who has access to confidential information pursuant to this section and who knowingly and willfully discloses it to any person not authorized to receive it shall be guilty of a Class 1 misdemeanor and shall be subject to civil action for damages and injunction by the owner of the confidential information, including, without limitation, actions under Article 24 of Chapter 66 of the General Statutes.