Full Text of SB3280 97th General Assembly
SB3280eng 97TH GENERAL ASSEMBLY |
| | SB3280 Engrossed | | LRB097 19968 CEL 65265 b |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Oil and Gas Act is amended by | 5 | | adding Section 6.8 as follows: | 6 | | (225 ILCS 725/6.8 new) | 7 | | Sec. 6.8. Extraction of hydrocarbons from shale using | 8 | | hydraulic fracturing. | 9 | | (a) The Department, by rule, shall: | 10 | | (1) require an operator of a well on which a hydraulic | 11 | | fracturing treatment is performed to: | 12 | | (A) complete the form posted on the hydraulic | 13 | | fracturing chemical registry Internet website of the | 14 | | Ground Water Protection Council and the Interstate Oil | 15 | | and Gas Compact Commission with regard to the well; | 16 | | (B) include in the form completed under | 17 | | subparagraph (A): | 18 | | (i) the total volume of water used in the | 19 | | hydraulic fracturing treatment; and | 20 | | (ii) each chemical ingredient that is subject | 21 | | to the requirements of 29 C.F.R. 1910.1200(g)(2), | 22 | | as provided by a service company, chemical | 23 | | supplier, or by the operator, if the operator |
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| 1 | | provides its own chemical ingredients; | 2 | | (C) post the completed form described by | 3 | | subparagraph (A) on the website described by that | 4 | | subparagraph or, if the website is discontinued or | 5 | | permanently inoperable, post the completed form on | 6 | | another publicly accessible Internet website specified | 7 | | by the Department; | 8 | | (D) submit the completed form described by | 9 | | subparagraph (A) to the Department with the well | 10 | | completion report for the well; and | 11 | | (E) in addition to the completed form specified in | 12 | | subparagraph (D), provide to the Department a list, to | 13 | | be made available on the Internet website of the Ground | 14 | | Water Protection Council and the Interstate Oil and Gas | 15 | | Compact Commission or, if necessary, another publicly | 16 | | accessible website, of all other chemical ingredients | 17 | | not listed on the completed form that were | 18 | | intentionally included and used for the purpose of | 19 | | creating a hydraulic fracturing treatment for the | 20 | | well; the Department, by rule, shall ensure that an | 21 | | operator, service company, or supplier is not | 22 | | responsible for disclosing ingredients that: | 23 | | (i) were not purposely added to the hydraulic | 24 | | fracturing treatment; | 25 | | (ii) occur incidentally or are otherwise | 26 | | unintentionally present in the treatment; or |
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| 1 | | (iii) in the case of the operator, are not | 2 | | disclosed to the operator by a service company or | 3 | | supplier; the rule shall not require that the | 4 | | ingredients be identified based on the additive in | 5 | | which they are found or that the concentration of | 6 | | such ingredients be provided; | 7 | | (2) require a service company that performs a hydraulic | 8 | | fracturing treatment on a well or a supplier of an additive | 9 | | used in a hydraulic fracturing treatment on a well to | 10 | | provide the operator of the well with the information | 11 | | necessary for the operator to comply with paragraph (1); | 12 | | (3) prescribe a process by which an entity required to | 13 | | comply with paragraph (1) or (2) may withhold and declare | 14 | | certain information as a trade secret, including, but not | 15 | | limited to, the Chemical Abstract Service Number and amount | 16 | | of the chemical ingredient used in a hydraulic fracturing | 17 | | treatment; | 18 | | (4) require a person who desires to challenge a claim | 19 | | of entitlement to trade secret protection under paragraph | 20 | | (3) to file the challenge not later than the second | 21 | | anniversary of the date the relevant well completion report | 22 | | is filed with the Department; | 23 | | (5) limit the persons who may challenge a claim of | 24 | | entitlement to trade secret protection under paragraph (3) | 25 | | to: | 26 | | (A) a surface fee title owner or his or her |
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| 1 | | agricultural farm tenant who has been directly and | 2 | | substantially affected or aggrieved by the hydraulic | 3 | | fracturing treatment; or | 4 | | (B) a department or agency of this State with | 5 | | jurisdiction over a matter to which the claimed trade | 6 | | secret is relevant; | 7 | | (6) require, in the event of a trade secret challenge, | 8 | | that the Department promptly notify the service company | 9 | | performing the hydraulic fracturing treatment on the | 10 | | relevant well, the supplier of the additive or chemical | 11 | | ingredient for which the trade secret claim is made, or any | 12 | | other owner of the trade secret being challenged and | 13 | | provide the owner an opportunity to substantiate its trade | 14 | | secret claim; | 15 | | (7) prescribe a process, consistent with 29 C.F.R. | 16 | | 1910.1200, for an entity described by paragraph (1) or (2) | 17 | | to provide information, including information that is a | 18 | | trade secret as defined by Appendix D to 29 C.F.R. | 19 | | 1910.1200, to a health professional or emergency responder | 20 | | who needs the information in accordance with subsection (i) | 21 | | of that section of 29 C.F.R. 1910.1200; | 22 | | (8) require,
prior to such hydraulic fracturing, the | 23 | | owner or
operator to perform a suitable mechanical | 24 | | integrity
test of the casing or of the casing-tubing | 25 | | annulus or other
mechanical integrity test methods using | 26 | | procedures that are
established by administrative rule; |
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| 1 | | and | 2 | | (9) require, during the well stimulation operation, | 3 | | that the owner or operator monitor and record the annulus | 4 | | pressure using procedures that are
established by | 5 | | administrative rule. | 6 | | (b) The protection and challenge of trade secrets under | 7 | | this Section is governed by subsection (g) of Section 7 of the | 8 | | Freedom of Information Act. | 9 | | (c) The owner or operator shall provide information to
the | 10 | | Department as to the amounts, handling, and, if necessary,
| 11 | | disposal at an identified appropriate disposal facility, or
| 12 | | reuse of the well stimulation fluid load recovered during flow
| 13 | | back, swabbing, or recovery from production facility vessels.
| 14 | | Storage of the well stimulation fluid load shall be protective | 15 | | of an underground
source of drinking water by the use of either
| 16 | | tanks or lined pits. | 17 | | (d) This Section applies only to the extraction of | 18 | | hydrocarbons from shale. | 19 | | (e) The Department shall adopt any other rules necessary to | 20 | | regulate hydraulic fracturing and corollary issues related to | 21 | | hydraulic fracturing.
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