Full Text of SB0630 98th General Assembly
SB0630sam001 98TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/31/2013
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| 1 | | AMENDMENT TO SENATE BILL 630
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 630 by replacing | 3 | | everything after the enacting clause with the following:
| 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
| 21 | | socio-economic costs of hydraulic fracturing (including wear, | 22 | | tear, and repair) to public health, private property, air
| 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
| 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
| 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
| 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,
| 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
| 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 |
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| 1 | | recommendations or dissents on particular issues, but | 2 | | consensus of the entire Task Force
is encouraged and all | 3 | | findings and recommendations by the entire Task Force shall be | 4 | | identified in the
final written report. | 5 | | (o) This Section 30 is repealed on December 31, 2015.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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