Full Text of SB0451 99th General Assembly
SB0451sam001 99TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 451
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 451 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Hydraulic Fracturing Regulatory Act is | 5 | | amended by adding Section 1-99.5 as follows: | 6 | | (225 ILCS 732/1-99.5 new) | 7 | | Sec. 1-99.5. The Illinois Active Earthquake Zone | 8 | | Investigative Task Force. | 9 | | (a) The Department shall, on the effective date of this | 10 | | amendatory Act of the 99th General Assembly, suspend the | 11 | | acceptance or approval of any and all new or modified permits | 12 | | for high volume horizontal fracturing wells and operations, | 13 | | horizontal drilled wells with fracturing operations, and Class | 14 | | II injection wells that are located within any and all counties | 15 | | that wholly or partially contain any part of the New Madrid | 16 | | seismic zone, the Wabash Valley seismic zone, Cottage Grove |
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| 1 | | fault system, Rough Creek–Shawneetown fault system, the | 2 | | magmatic system of Hicks Dome, the Illinois-Kentucky Fluorspar | 3 | | District, or the NNW-trending La Salle, Du Quoin, and Clay City | 4 | | fold systems. The Department shall also suspend any approval of | 5 | | waste management plans for high volume horizontal fracturing | 6 | | wells and operations, horizontal drilled wells with fracturing | 7 | | operations, for disposal of oil, liquid natural gas, or natural | 8 | | gas waste in existing Class II injection wells if they are | 9 | | located within any and all counties that wholly or partially | 10 | | contain any part of the New Madrid seismic zone, the Wabash | 11 | | Valley seismic zone, Cottage Grove fault system, Rough | 12 | | Creek–Shawneetown fault system, the magmatic system of Hicks | 13 | | Dome, the Illinois-Kentucky Fluorspar District, or the | 14 | | NNW-trending La Salle, Du Quoin, and Clay City fold systems. | 15 | | (b) The Department shall work with the Illinois State | 16 | | Geological Survey to perform probability mapping of all active | 17 | | seismic zones in this State listed in subsection (a). Using | 18 | | existing data and resources at the Illinois State Geological | 19 | | Survey and the United States Geological Survey, along with data | 20 | | on faults in brittle rock, the Illinois State Geological Survey | 21 | | shall outline, for each county, the areas of the active faults | 22 | | listed in subsection (a) that carry a high, medium, and low | 23 | | probability of seismicity from oil, liquid natural gas, and gas | 24 | | waste disposal in Class II injection wells. | 25 | | (c) The Illinois Active Earthquake Zone Investigative Task | 26 | | Force is hereby created. The Task Force shall have the |
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| 1 | | following members: | 2 | | (1) the Director, or his or her representative, from | 3 | | each of the following State agencies: the Illinois | 4 | | Emergency Management Agency, the Department of Natural | 5 | | Resources, the Department of Public Health, the Illinois | 6 | | State Water Survey, the Illinois Pollution Control Board, | 7 | | the Illinois Environmental Protection Agency, the Illinois | 8 | | State Geological Survey, and the Department of Insurance; | 9 | | (2) one independent expert in risk assessment in | 10 | | earthquake zones and its impact on insurance rates and | 11 | | ratings appointed by the Director of Insurance; | 12 | | (3) one university-based independent seismologist with | 13 | | expertise in induced seismicity appointed by the Director | 14 | | of the Illinois State Geological Survey; and | 15 | | (4) one member from the Illinois Attorney General's | 16 | | office appointed by the Attorney General. | 17 | | (d) The chairperson of the Illinois Active Earthquake Zone | 18 | | Investigative Task Force shall be the Director of the Illinois | 19 | | Emergency Management Agency, or his or her representative. The | 20 | | members shall be appointed no later than 60 days after the | 21 | | effective date of this amendatory Act of the 99th General | 22 | | Assembly. | 23 | | The Illinois Active Earthquake Zone Investigative Task | 24 | | Force shall: | 25 | | (1) Meet once a month, either in person or through | 26 | | video conferencing capabilities, beginning no later than |
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| 1 | | 90 days after the effective date of this amendatory Act of | 2 | | the 99th General Assembly. | 3 | | (2) Operate without pay, but with all expenses paid for | 4 | | the functioning of the Task Force to be allocated by the | 5 | | Illinois Emergency Management Agency. | 6 | | (3) Investigate any and all adverse effects, or risks, | 7 | | of induced seismicity by the disposal of oil, liquid | 8 | | natural gas, and natural gas waste in Class II injection | 9 | | wells in active earthquake zones. And in particular, if the | 10 | | Class II injection wells are located within any and all | 11 | | counties that wholly or partially contain any part of the | 12 | | New Madrid seismic zone, the Wabash Valley seismic zone, | 13 | | Cottage Grove fault system, Rough Creek–Shawneetown fault | 14 | | system, the magmatic system of Hicks Dome, the | 15 | | Illinois-Kentucky Fluorspar District, or the NNW-trending | 16 | | La Salle, Du Quoin, and Clay City fold systems. | 17 | | (4) Examine the probability of induced seismicity in | 18 | | Illinois active seismic zones and any and all adverse | 19 | | effects or risks of possible induced seismicity on: | 20 | | (A) water resources, water wells, aquifers, dams, | 21 | | canals, any possible contamination, and the | 22 | | environment, including possible soil and air | 23 | | contamination; | 24 | | (B) public health effects, including mental health | 25 | | adverse effects of repeated induced seismic events; | 26 | | (C) adverse effects on property, including |
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| 1 | | livestock and domesticated animals; | 2 | | (D) adverse effects on tourism and recreational | 3 | | activities in the active seismic zones of this State; | 4 | | (E) risk management issues, including emergency | 5 | | management plans; | 6 | | (F) risk management issues, including liability | 7 | | issues, bonding issues, and insurance requirements for | 8 | | operators, well owners, land owners, mineral rights | 9 | | owners, lessors, and subcontractors and the effects on | 10 | | insurance rates and ratings, mortgages, small | 11 | | businesses and their insurance and mortgage rates and | 12 | | availability; | 13 | | (G) effects on the mechanical integrity of the oil, | 14 | | liquid natural gas, and natural gas wells, Class II | 15 | | injection wells, and the oil, liquid natural gas, and | 16 | | natural gas industry critical infrastructure, | 17 | | including pipelines, and any possible contamination | 18 | | from a breach of mechanical integrity of these | 19 | | structures; | 20 | | (H) effects of potential spillage, leakage, fires, | 21 | | or blowouts of the oil, liquid natural gas and natural | 22 | | gas wells, fracturing waste and waste water | 23 | | containment structures including open pits, oil, | 24 | | liquid natural gas and natural gas processing | 25 | | infrastructure, and transportation infrastructure, | 26 | | including pipelines, secondary to possible induced |
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| 1 | | seismicity; | 2 | | (I) effects of potential spillage, leakage, fires, | 3 | | or blowouts of chemicals, proppants, and byproducts, | 4 | | and their containment, processing, and transportation | 5 | | infrastructure, secondary to possible induced | 6 | | seismicity; | 7 | | (J) the safety of any nuclear power plants, uranium | 8 | | processing plants, or low level radioactive waste | 9 | | storage sites in this State and the surrounding states | 10 | | that might be impacted by induced seismicity triggered | 11 | | within the active seismic zones in this State; | 12 | | (K) the risks of inducing a major earthquake, | 13 | | greater than magnitude 6, either immediately or in the | 14 | | future, on all of the issues delineated in this | 15 | | Section, and the risk management issues involved with a | 16 | | higher level of induced seismicity; and | 17 | | (L) whether the Green Light, Yellow Light, Red | 18 | | Light system of mitigation of induced seismicity, | 19 | | proposed by the Illinois State Geological Survey and | 20 | | the Department of Natural Resources, is appropriate or | 21 | | sufficient for real mitigation of all adverse effects | 22 | | of induced seismicity in the active seismic zones in | 23 | | this State. | 24 | | (e) The Illinois Active Earthquake Zone Investigative Task | 25 | | Force shall investigate the issues under subsection (d) and | 26 | | write a report to be submitted to the General Assembly, the |
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| 1 | | Governor, the Hydraulic Fracturing Task Force, the Illinois | 2 | | Emergency Management Agency, the Department of Natural | 3 | | Resources, the Department of Public Health, the Illinois State | 4 | | Water Survey, the Illinois Pollution Control Board, the | 5 | | Illinois Environmental Protection Agency, the Illinois State | 6 | | Geological Survey, the Department of Insurance, the Illinois | 7 | | Attorney General, and to the public via the website of the | 8 | | Illinois Emergency Management Agency and the website of the | 9 | | Department of Natural Resources. The report shall be as | 10 | | complete as possible when discussing the risks and the possible | 11 | | mitigation of the risks of induced seismicity shall include | 12 | | recommendations and conclusions about naturally occurring | 13 | | seismic events in the active seismic zones listed in subsection | 14 | | (a), including: | 15 | | (1) the risks of drilling and extracting oil, liquid | 16 | | natural gas, and natural gas in active seismic zones; | 17 | | (2) the risks of drilling and operating Class II | 18 | | injection wells in active seismic zones; | 19 | | (3) the use of fracturing waste or wastewater open pits | 20 | | in active seismic zones; | 21 | | (4) earthquake induced contamination of air, water, | 22 | | and soil from oil and natural gas extraction operations and | 23 | | waste disposal, the clean up and public health effects of | 24 | | the contamination; | 25 | | (5) emergency management recommendations during | 26 | | earthquakes involving areas of oil and natural gas |
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| 1 | | operations and infrastructure; | 2 | | (6) earthquake induced spillage and leakage from oil | 3 | | and natural gas wells; | 4 | | (7) oil and natural gas infrastructure instability | 5 | | during earthquakes; | 6 | | (8) bonding requirements for oil and natural gas | 7 | | operations and infrastructure in active seismic zones; | 8 | | (9) insurance requirements for oil and natural gas | 9 | | operations and infrastructure in active seismic zones; | 10 | | (10) best practices for the oil and natural gas | 11 | | industry in active seismic zones; and | 12 | | (11) any and all emergency management, transportation, | 13 | | and communication recommendations related to the oil and | 14 | | natural gas industry and its operations before, during, and | 15 | | after an earthquake. | 16 | | (f) The report shall include recommendations to the General | 17 | | Assembly and
Governor for legislation to protect the public | 18 | | health and environment, property, livelihoods, and communities | 19 | | from all reported adverse affects of induced seismicity in the | 20 | | Illinois active seismic zones, including recommendations to | 21 | | the General Assembly about legislation to limit damages, harms, | 22 | | risks, contamination, and legal challenges over liability | 23 | | secondary to naturally concurring seismic events in the active | 24 | | seismic zones and how to mitigate the risks from blowouts, | 25 | | spillage, leakage, and damages to the mechanical integrity of | 26 | | oil, liquid natural gas, and natural gas wells, drilling, Class |
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| 1 | | II injection wells, waste and waste water containment, | 2 | | pipelines, infrastructure, chemicals, proppants, and | 3 | | byproducts. This report shall also include any and all | 4 | | emergency management, transportation, and communication | 5 | | recommendations related to the oil and natural gas industry and | 6 | | its operations before, during, and after induced seismicity and | 7 | | naturally occurring seismic events. | 8 | | (g) The Illinois Active Earthquake Zone Investigative Task | 9 | | Force shall submit its report on or before January 1, 2018. The | 10 | | Task Force shall be dissolved on July 1, 2018.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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