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Sen. Don Harmon
Filed: 5/31/2013
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1 | | AMENDMENT TO SENATE BILL 630
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2 | | AMENDMENT NO. ______. Amend Senate Bill 630 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Oil and Gas Act is amended by |
5 | | adding Sections 29 and 30 as follows: |
6 | | (225 ILCS 725/29 new) |
7 | | Sec. 29. Horizontal hydraulic fracturing moratorium. |
8 | | (a) As used in this Section and Section 30: |
9 | | "Hydraulic fracturing" means the injection under |
10 | | pressure of any combination of fluids, gases, gels, or |
11 | | other materials into an underground geologic formation for |
12 | | the purpose of extracting gas, oil, or other hydrocarbons. |
13 | | "Horizontal" means a deviation in a well's |
14 | | construction more than 100 feet laterally from the vertical |
15 | | line extending straight downward from the point of |
16 | | penetration at the surface of the wellbore. |
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1 | | (b) No person shall conduct horizontal hydraulic |
2 | | fracturing operations in this State. It is the express purpose |
3 | | of this Section and Section 30 of this Act, that a moratorium |
4 | | on horizontal hydraulic fracturing operations in this State |
5 | | shall continue until the General Assembly determines that |
6 | | Illinois has implemented and has the ability to enforce rules |
7 | | to protect the environment, public health, homes, and |
8 | | livelihoods from the harms otherwise likely to be caused by |
9 | | horizontal hydraulic fracturing. Any subsequent legislation |
10 | | regarding horizontal hydraulic fracturing operations in this |
11 | | State shall be
informed by the findings and recommendations of |
12 | | the Hydraulic Fracturing Task Force under Section 30 of this |
13 | | Act. |
14 | | (225 ILCS 725/30 new) |
15 | | Sec. 30. The Hydraulic Fracturing Task Force. |
16 | | (a) There is hereby created the Hydraulic Fracturing Task |
17 | | Force. |
18 | | (b) The Task Force shall conduct a thorough, scientific, |
19 | | and public investigation reviewing, assessing, and addressing |
20 | | the potential dangers, environmental effects, and
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21 | | socio-economic costs of hydraulic fracturing (including wear, |
22 | | tear, and repair) to public health, private property, air
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23 | | quality, and water availability including issues of supply |
24 | | scarcity, water quality, public lands,
livestock, wildlife, |
25 | | seismic vulnerability and preparedness, and public ways (such |
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1 | | as roadways
and highways); to
assess the overall local and |
2 | | regional potential economic gains, losses, or both; and to |
3 | | consider issues
of community integrity, including issues of |
4 | | self-determination. |
5 | | (c) The Task Force shall perform a thorough review of all |
6 | | relevant and
available scientific studies pertaining to |
7 | | hydraulic fracturing throughout the United States, including |
8 | | those
conducted by state governments, universities in the |
9 | | United States and elsewhere, and
reputable environmental and |
10 | | industry institutions. The Task Force shall also conduct a
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11 | | significant review of all regulations of hydraulic fracturing |
12 | | operations in all the states and in
known localities throughout |
13 | | the United States. |
14 | | (d) The Task Force shall gather information, review |
15 | | studies, evaluate testimony, and consider
and summarize |
16 | | written comments received, and shall make written findings and
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17 | | recommendations regarding the economic and technological |
18 | | feasibility and reasonableness of
conducting hydraulic |
19 | | fracturing in this State, as well as the potential |
20 | | environmental and health
impacts from this activity. |
21 | | (e) The Task Force shall identify and recommend any areas |
22 | | requiring further inquiry, study, or
investigation and shall |
23 | | make recommendations, based on the evidence gathered, with |
24 | | respect to any prospective horizontal hydraulic fracturing |
25 | | operations in this State, consistent with the purpose set forth |
26 | | in subsection (b) of Section 29 of this Act. |
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1 | | (f) The Task Force shall gather information, including |
2 | | through public comments and public
hearings, and shall, upon |
3 | | gathering all information available, make written findings and
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4 | | recommendations to the General Assembly and the Governor, |
5 | | including, but not limited to,
investigation, findings, and |
6 | | recommendations concerning the following: |
7 | | (1) the protection of the State's water resources, |
8 | | including the
identification of potential contaminants, |
9 | | potential sources of environmental contamination,
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10 | | potential for migration of contaminants to surface and |
11 | | ground water resources, expected rate
of water usage and |
12 | | its impact on aquifers, private wells, and public sources |
13 | | of drinking water,
and potential health risks from any |
14 | | identified risks of contamination of water resources; |
15 | | (2) potential impacts to agriculture, tourism, and |
16 | | other industries, such as the wine
producing industry; |
17 | | (3) potential impacts to wildlife and natural |
18 | | resources; |
19 | | (4) potential chemicals used in hydraulic fracturing |
20 | | fluid and the safety and health
implications of the use of |
21 | | these chemicals and the potential use of inert tracer |
22 | | chemicals to identify
hydraulic fracturing fluid that has |
23 | | migrated; |
24 | | (5) potential air emissions, including identifying |
25 | | potential air pollutants, point and nonpoint
sources of |
26 | | releases of contaminants to the air, and recommended |
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1 | | controls, monitoring, and
regulation for these potential |
2 | | emissions; |
3 | | (6) potential areas of regulation, including |
4 | | recommendations as to proper equipment
standards, |
5 | | operating practices, set back requirements, environmental |
6 | | monitoring and sampling,
the handling, storage, and |
7 | | disposal of hydraulic fracturing fluid, flowback, and any |
8 | | and all waste
water and solid waste, including whether any |
9 | | of this waste should be classified as hazardous waste
or |
10 | | radioactive waste, and any potential regulatory provisions |
11 | | required to protect water and air
resources and public and |
12 | | private interests; |
13 | | (7) identification of all risks, including effects on |
14 | | seismic activities and recommendations
regarding the same; |
15 | | (8) potential permitting requirements for hydraulic |
16 | | fracturing; |
17 | | (9) potential concerns regarding the safeguarding of |
18 | | proprietary information, including
trade secret and |
19 | | business confidential information; |
20 | | (10) the practices of persons, sometimes referred to as |
21 | | landmen, in the leasing, acquisition, or both of oil |
22 | | rights, gas rights, mineral rights, subsurface rights, use |
23 | | of a surface lands, or a combination thereof, from land
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24 | | owners, including findings and recommendations for any |
25 | | rules over these practices; |
26 | | (11) identification and summarization of information |
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1 | | gathered at public hearings and in
written comments from |
2 | | interested persons regarding proposed hydraulic fracturing |
3 | | operations in
this State; and |
4 | | (12) the propriety of procedures that may allow the |
5 | | placement of a well pad, support equipment, and structures, |
6 | | on land where the surface owner has not given express |
7 | | consent, or that may allow drilling and fracturing to occur |
8 | | underground where the surface owner has not given express |
9 | | consent. |
10 | | (g) The Hydraulic Fracturing Task Force shall consist of |
11 | | the following members, with all appointments to the
Task Force |
12 | | to be made within 30 days after the effective date of this |
13 | | amendatory Act of the 98th General Assembly: |
14 | | (1) one member appointed by the Speaker of the House of |
15 | | Representatives; |
16 | | (2) one member appointed by the House of |
17 | | Representatives Minority Leader; |
18 | | (3) one member appointed by the President of the |
19 | | Senate; |
20 | | (4) one member appointed by the Senate Minority Leader; |
21 | | (5) one member appointed by the Office of the Attorney |
22 | | General; |
23 | | (6) two members appointed by the Director of the |
24 | | Department of Natural Resources, one of whom shall be |
25 | | selected to represent public water systems; |
26 | | (7) one member appointed by the Director of the |
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1 | | Illinois Environmental Protection Agency; |
2 | | (8) two members representing environmental |
3 | | organizations, one appointed by the Governor, and one |
4 | | attorney appointed by the Attorney General; |
5 | | (9) two members representing the oil and gas industry, |
6 | | one appointed by the Governor, and one attorney appointed |
7 | | by the Attorney General; |
8 | | (10) one member representing Illinois business and |
9 | | industrial interests appointed by the Governor; |
10 | | (11) one member representing a statewide farm |
11 | | organization appointed by the Director of the Illinois |
12 | | Department of Agriculture; |
13 | | (12) one member appointed by the Director of the |
14 | | Illinois Department of Agriculture who holds a position as |
15 | | a state conservationist; |
16 | | (13) one member appointed by the United States |
17 | | Department of Agriculture Natural
Resource Conservation |
18 | | Service; |
19 | | (14) the Director of the Illinois Emergency Management |
20 | | Agency or his or her designee; |
21 | | (15) two members appointed by the Director of the |
22 | | Illinois State Geological Survey, one of whom shall be a |
23 | | hydrologist and one of whom shall be a geologist; |
24 | | (16) one member appointed by the Governor from the |
25 | | Illinois Stewardship Alliance; |
26 | | (17) the Director of the Illinois Department of |
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1 | | Insurance or his or her designee; |
2 | | (18) the Director of the Illinois Office of Tourism or |
3 | | his or her designee; |
4 | | (19) one member appointed by the Governor representing |
5 | | an environmental group working for the conservation of
the |
6 | | Shawnee National Forest; |
7 | | (20) one member appointed by the Illinois Pollution |
8 | | Control Board; |
9 | | (21) one member appointed by the Board of the Illinois |
10 | | Association of Groundwater Professionals; |
11 | | (22) one member appointed by the Lieutenant Governor |
12 | | from the Southern Illinois Farming Network; |
13 | | (23) the Director of the Illinois Department of Public |
14 | | Health or his or her designee; |
15 | | (24) one member appointed by the Governor from the |
16 | | Illinois Public Health Association; |
17 | | (25) one member appointed by the Illinois State Board |
18 | | of Higher Education, representing a school of public health |
19 | | of a state university within this State; |
20 | | (26) one member appointed by the Governor representing |
21 | | a statewide municipal organization; and |
22 | | (27) one member appointed by the Governor representing |
23 | | a statewide county organization. |
24 | | (h) The members of the Task Force shall designate a |
25 | | chairperson upon their first meeting, which
shall take place no |
26 | | later than 90 days after the effective date of this amendatory |
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1 | | Act of the 98th General Assembly. |
2 | | (i) The Task Force shall conduct monthly or bi-monthly |
3 | | meetings, conference calls, or both, and
shall conduct at least |
4 | | 3 public hearings, which shall be held at geographically |
5 | | convenient locations around the State, before filing its final |
6 | | written findings and
recommendations in accordance with this |
7 | | Section. These hearings shall be determined by the Task Force |
8 | | on a schedule that is publicly announced in area newspapers, |
9 | | State buildings, websites, and other media no less than 3 weeks |
10 | | in advance of each hearing and in local newspapers no more than |
11 | | 3 months in advance of any given hearing in that geographic |
12 | | area. These hearings may be continued if all persons could not |
13 | | be heard, and all hearings shall be completed at least 3 months |
14 | | prior to the time for submission of the final written findings |
15 | | and recommendations. |
16 | | (j) At the public hearings, the Task Force shall allow |
17 | | interested persons to present their views
and comments and to |
18 | | present any written literature, statements, articles, or |
19 | | comments.
Transcripts of all hearings shall be made available |
20 | | to the Task Force and the public. Based on
attendance and time |
21 | | frames, the Task Force may set limits for the time each speaker |
22 | | may
comment, but in no event shall less than 5 minutes be |
23 | | allowed per speaker and any speaker with
technical or |
24 | | scientific credentials shall be given deference to testify at |
25 | | least 15 minutes or more.
Equal time shall be given to all |
26 | | expert presentations of evidence and concerns. |
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1 | | (k) The members of the Task Force shall receive no |
2 | | compensation for their services on the Task
Force, but shall be |
3 | | reimbursed for any ordinary and necessary expenses incurred in |
4 | | the
performance of their duties, including reimbursement for |
5 | | mileage. The Task Force members may
divide responsibilities as |
6 | | appropriate for the subject matter and as determined by |
7 | | majority
vote of the Task Force or as given to the Chairman by |
8 | | a majority vote of the members. However,
any member may |
9 | | investigate or inquire as to any issue listed in subsection (f) |
10 | | of this Section. |
11 | | (l) The Department of Natural Resources and the Illinois |
12 | | Environmental Protection Agency
shall each provide at least one |
13 | | full-time person to provide administrative staff support to the |
14 | | Task
Force, as needed. |
15 | | (m) All documents gathered by the Task Force shall be a |
16 | | public record and shall be made
available as conveniently as |
17 | | possible for review by the public in as timely a manner as |
18 | | practicable,
including making all information available in |
19 | | electronic form, through a website, or both. |
20 | | (n) The Task Force shall provide its written findings and |
21 | | recommendations to the General
Assembly and the Governor no |
22 | | later than 2 years after the effective date of this amendatory |
23 | | Act of the 98th General Assembly. The
public record of |
24 | | documents, comments, and transcripts shall also be made |
25 | | available in electronic
form or on a website. Individual |
26 | | members or any groups of members may file separate
findings and |