Illinois General Assembly - Full Text of Public Act 095-0830
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Public Act 095-0830




Public Act 095-0830
SB2079 Enrolled LRB095 15440 AJO 41432 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Drilling Operations Act is amended by
changing Sections 2, 3, and 4 as follows:
    (765 ILCS 530/2)  (from Ch. 96 1/2, par. 9652)
    Sec. 2. As used in this Act:
    (a) "Person" means any natural person, corporation, firm,
partnership, venture, receiver, trustee, executor,
administrator, guardian, fiduciary or other representative of
any kind and includes any government or any political
subdivision or agency thereof;
    (b) "Drilling operations" means the drilling, deepening or
conversion of a well for oil or gas production, core hole or
drill hole for a stratigraphic test;
    (c) "Entry" means the moving upon the surface of land with
equipment to commence drilling operations, but shall not
include entry for the survey for or ascertaining or
identification of a well location;
    (d) "Operator" means the person, whether the owner or not,
who applies for or holds a permit for drilling operations or
who is named as the principal on a bond for a permit for a well
that was issued by the Department of Natural Resources;
    (e) "Surface owner" means the person in whose name the
surface of the land on which drilling operations are
contemplated, and who is assessed for purposes of taxes imposed
pursuant to the Property Tax Code according to the records of
the assessor of the county where the land is located as
certified by said assessor;
    (f) "Assessor" means the supervisor of assessments, board
of assessors, or county assessor, as the case may be, for the
county in which the land is located;
    (g) "Production operation" means the operation of a well
for the production of oil, or gas, and coalbed methane,
including all acts, structures, equipment, and roadways
necessary for such operation;
    (h) "New well" means a well that is spudded after the
effective date of this Act and does not utilize any part of a
well bore or drilling location that existed prior to the
effective date of this Act;
    (i) "Completion of the well" means completion of those
processes necessary before production occurs, including the
laying of flow lines and the construction of the tank battery.
If the well is not productive, the date of completion of the
well is the day it is plugged and abandoned.
(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
    (765 ILCS 530/3)  (from Ch. 96 1/2, par. 9653)
    Sec. 3. This Act shall be applicable only for the drilling
operations of new wells except as explicitly provided in
paragraph (c) of Section 6. It shall not apply for reworking
operations on a well.
    This Act shall be applicable only when the surface owner
has not consented in writing to the drilling operations and:
    (A) there has been a complete severance of the ownership of
the oil, and gas, and coalbed methane from the ownership of the
surface, or
    (B) where the surface owner owns an interest in the oil,
and gas, and coalbed methane, which interest is the subject of
    (1) An integration proceeding brought pursuant to "An Act
in relation to oil, gas, coal, and other surface and
underground resources and to repeal an Act herein named",
approved July 24, 1945, as amended, or
    (2) A proceeding brought pursuant to "An Act in relation to
oil and gas interest in land", approved July 1, 1939, as
(Source: P.A. 85-1312.)
    (765 ILCS 530/4)  (from Ch. 96 1/2, par. 9654)
    Sec. 4. Notice.
    (a) Prior to commencement of the drilling of a well, the
operator shall give a copy of the Act with a written notice to
the surface owner of the operator's intent to commence drilling
    (b) The operator shall, for the purpose of giving notice as
herein required, secure from the assessor's office within 90
days prior to the giving of the notice, a certification which
shall identify the person in whose name the lands on which
drilling operations are to be commenced and who is assessed at
the time the certification is made. The written certification
made by the assessor of the surface owner shall be conclusive
evidence of the surface ownership and of the operator's
compliance with the provisions of this Act.
    (c) The notice required to be given by the operator to the
surface owner shall identify the following:
        (1) The location of the proposed entry on the surface
    for drilling operations, and the date on or after which
    drilling operations shall be commenced.
        (2) A photocopy of the drilling application to the
    Department of Natural Resources for the well to be drilled.
        (3) The name, address and telephone number of the
        (4) An offer to discuss with the surface owner those
    matters set forth in Section 5 hereof prior to commencement
    of drilling operations.
    If the surface owner elects to meet the operator, the
surface owner shall request the operator to schedule a meeting
at a mutually agreed time and place within the limitations set
forth herein. Failure of the surface owner to contact the
operator at least 5 days prior to the proposed commencement of
drilling operations shall be conclusively deemed a waiver of
the right to meet by the surface owner.
    The meeting shall be scheduled between the hours of 9:00 in
the morning and the setting of the sun of the same day and
shall be at least 3 days prior to commencement of drilling
operations. Unless agreed to otherwise, the place shall be
located within the county in which drilling operations are to
be commenced where the operator or his agent shall be available
to discuss with the surface owner or his agent those matters
set forth in Section 5 hereof.
    The notice and a copy of the Act as herein required shall
be given to the surface owner by either:
        (A) certified mail addressed to the surface owner at
    the address shown in the certification obtained from the
    assessor, which shall be postmarked at least 15 10 days
    prior to the commencement of drilling operations; or
        (B) personal delivery to the surface owner at least 15
    8 days prior to the commencement of drilling operations.
        (C) Notice to the surface owner as defined in this Act
    shall be deemed conclusive notice to the record owners of
    all interest in the surface.
(Source: P.A. 95-331, eff. 8-21-07; 95-493, eff. 1-1-08.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2008