SB3484 98TH GENERAL ASSEMBLY

LRB098 19581 MGM 54773 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3484

Introduced 2/14/2014, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

225 ILCS 732/1-99.5 new

Amends the Hydraulic Fracturing Regulatory Act. Provides that on the effective date of the amendatory Act, the Department shall suspend accepting and approving any and all new permits for high volume horizontal fracturing wells and operations, horizontal drilling with fracturing operations, and Class II injection wells located in any of the 100-year floodplains in this State. Creates the Floodplain Investigative Task Force to investigate any and all adverse environmental and public health effects of the flooding in Colorado in 2013 and produce a fully-researched report. Sets forth provisions concerning the contents of the report, including recommendations to the General Assembly and the Governor for legislation to protect the public health and the environment from flood-related emergencies, blowouts, spillage, leakage, and damages associated with oil and natural gas wells, drilling operations, Class II injection wells, waste and wastewater containments, pipelines, infrastructure, chemicals, proppants, and byproducts. Sets forth Task Force membership. Requires the Task Force to submit its report to the General Assembly, the Governor, the Task Force on Hydraulic Fracturing Regulation, the Illinois State Water Survey, the Illinois Emergency Management Agency, the Department of Natural Resources, the Groundwater Advisory Council, the Illinois Association for Floodplain and Stormwater Management, and the Department of Public Health. Requires the Task Force to submit its report on or before July 1, 2015 and dissolves the Task Force on July 31, 2015. Repeals these provisions on August 1, 2015.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Hydraulic Fracturing Regulatory Act is amended by adding Section 1-99.5 as follows:

(225 ILCS 732/1-99.5 new)

Sec. 1-99.5. Permit moratorium in floodplains; floodplain Investigative Task Force.

(a) The Department shall consult with the Illinois State Geological Survey to determine the exact map location of every 100-year floodplain in this State, as delineated by the Federal Emergency Management Agency.

(b) On the effective date of this amendatory Act of the 98th General Assembly, the Department shall suspend accepting and approving any and all new permits for high volume horizontal fracturing wells and operations, horizontal drilling with fracturing operations, and Class II injection wells located in any of the 100-year floodplains in this State, as delineated by the Federal Emergency Management Agency.

(c) The Floodplain Investigative Task Force is created for the purpose of investigating any and all adverse environmental and public health effects of the flooding in the state of Colorado in 2013 and producing a fully-researched report. The Task Force shall consist of one member appointed by the Directors of each of the following: the Illinois Emergency Management Agency, the Illinois State Water Survey, the Groundwater Advisory Council, the Illinois Association for Floodplain and Stormwater Management, and the Department of Natural Resources. The member chosen by the Director of the Illinois Emergency Management Agency shall serve as Chairperson of the Task Force. Members shall serve without compensation and the Illinois Emergency Management Agency shall provide staffing, administrative, and financial support to the Task Force. The Task Force shall meet at least once per month, at the call of the Chairperson.

(d) The Task Force shall investigate the consequences of the flooding in the state of Colorado in 2013 on the following:

(1) the oil and natural gas wells, Class II injection wells, and the oil, liquid natural gas, and natural gas industry infrastructure, including pipelines;

(2) the spillage, leakage, fires, or blowouts of the oil and natural gas wells, fracturing waste and wastewater containment structures, including open pits, oil, liquid natural gas, and natural gas processing infrastructure, and transportation infrastructure, including pipelines; and

(3) the spillage, leakage, fires, or blowouts of chemicals, proppants, and byproducts and their containment, processing infrastructure, and transportation infrastructure.

(e) The Task Force shall submit a report to the General Assembly, the Governor, the Task Force on Hydraulic Fracturing Regulation, the Illinois State Water Survey, the Illinois Emergency Management Agency, the Department of Natural Resources, the Groundwater Advisory Council, the Illinois Association for Floodplain and Stormwater Management, and the Department of Public Health. The report shall be made publicly available and posted to the Internet website maintained by the Illinois Emergency Management Agency and the Internet website maintained by the Department of Natural Resources.

The report shall include recommendations and conclusions on the following:

(1) the risks of drilling operations and extracting oil and natural gas in floodplains;

(2) the risks of drilling and operating Class II injection wells in floodplains;

(3) the use of fracturing waste or wastewater open pits in floodplains;

(4) flood-induced contamination of air, water, and soil from oil and natural gas extraction operations and waste disposal, as well as its clean-up and public health effects;

(5) emergency management recommendations during floods involving areas of oil and natural gas operations and infrastructure;

(6) flood-induced spillage and leakage from oil and natural gas wells;

(7) oil and natural gas infrastructure instability during floods;

(8) bonding requirements for oil and natural gas operations and infrastructure in floodplains;

(9) insurance requirements for oil and natural gas operations and infrastructure in floodplains;

(10) best practices for the oil and natural gas industry operating in floodplains; and

(11) any and all emergency management, transportation, and communication recommendations related to the oil and natural gas industry and their operations before, during, and after a flood.

The report shall also include recommendations to the General Assembly and Governor for legislation to protect the public health and the environment from flood-related emergencies, blowouts, spillage, leakage, and damages associated with oil and natural gas wells, drilling operations, Class II injection wells, waste and wastewater containments, pipelines, infrastructure, chemicals, proppants, and byproducts.

(f) The Task Force shall submit its report on or before July 1, 2015. The Task Force is dissolved on July 31, 2015.

(g) This Section is repealed on August 1, 2015.