Full Text of SB2079 95th General Assembly
SB2079eng 95TH GENERAL ASSEMBLY
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LRB095 15440 AJO 41432 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Drilling Operations Act is amended by | 5 |
| changing Sections 2, 3, and 4 as follows:
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| (765 ILCS 530/2) (from Ch. 96 1/2, par. 9652)
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| Sec. 2. As used in this Act:
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| (a) "Person" means any natural person, corporation, firm, | 9 |
| partnership,
venture, receiver, trustee, executor, | 10 |
| administrator, guardian, fiduciary or
other representative of | 11 |
| any kind and includes any government or any
political | 12 |
| subdivision or agency thereof;
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| (b) "Drilling operations" means the drilling, deepening or | 14 |
| conversion of
a well for oil or gas production, core hole or | 15 |
| drill hole for a stratigraphic
test;
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| (c) "Entry" means the moving upon the surface of land with | 17 |
| equipment to
commence drilling operations, but shall not | 18 |
| include entry for the survey
for or ascertaining or | 19 |
| identification of a well location;
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| (d) "Operator" means the person, whether the owner or not, | 21 |
| who applies
for or holds a permit for drilling operations or | 22 |
| who is named as the
principal on a bond for a permit for a well | 23 |
| that was issued by the
Department of Natural Resources;
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| (e) "Surface owner" means the person in whose name the | 2 |
| surface of the
land on which drilling operations are | 3 |
| contemplated, and who is assessed for
purposes of taxes imposed | 4 |
| pursuant to the Property Tax Code according to the
records of | 5 |
| the assessor of the county where the land
is located as | 6 |
| certified by said assessor;
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| (f) "Assessor" means the supervisor of assessments, board | 8 |
| of assessors,
or county assessor, as the case may be, for the | 9 |
| county in which the land is
located;
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| (g) "Production operation" means the operation of a well | 11 |
| for the
production of oil ,
or gas , and coalbed methane,
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| including all acts, structures, equipment, and
roadways | 13 |
| necessary for such operation;
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| (h) "New well" means a well that is spudded after the | 15 |
| effective date of
this Act and does not utilize any part of a | 16 |
| well bore or drilling location
that existed prior to the | 17 |
| effective date of this Act;
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| (i) "Completion of the well" means completion of those | 19 |
| processes
necessary before production occurs, including the | 20 |
| laying of flow lines and
the construction of the tank battery. | 21 |
| If the well is not productive, the
date of completion of the | 22 |
| well is the day it is plugged and abandoned.
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| (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
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| (765 ILCS 530/3) (from Ch. 96 1/2, par. 9653)
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| Sec. 3. This Act shall be applicable only for the drilling
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| operations of new wells except as explicitly provided in | 2 |
| paragraph (c) of
Section 6. It shall not apply for reworking | 3 |
| operations on a well.
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| This Act shall be applicable only when the surface owner | 5 |
| has not
consented in writing to the drilling operations and:
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| (A) there has been a complete severance of the ownership of | 7 |
| the oil ,
and
gas , and coalbed methane from the ownership of the | 8 |
| surface, or
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| (B) where the surface owner owns an interest in the oil ,
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| and gas , and coalbed methane , which
interest is the subject of | 11 |
| either:
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| (1) An integration proceeding brought pursuant to "An Act | 13 |
| in relation to
oil, gas, coal, and other surface and | 14 |
| underground resources and to repeal
an Act herein named", | 15 |
| approved July 24, 1945, as amended, or
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| (2) A proceeding brought pursuant to "An Act in relation to | 17 |
| oil and gas
interest in land", approved July 1, 1939, as | 18 |
| amended.
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| (Source: P.A. 85-1312.)
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| (765 ILCS 530/4) (from Ch. 96 1/2, par. 9654)
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| Sec. 4. Notice.
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| (a) Prior to commencement of the drilling of a well, the | 23 |
| operator shall
give a copy of the Act with a written notice to | 24 |
| the surface owner of the operator's intent to commence
drilling | 25 |
| operations.
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| (b) The operator shall, for the purpose of giving notice as | 2 |
| herein
required, secure from the assessor's office within 90 | 3 |
| days prior to the
giving of the notice, a certification which | 4 |
| shall identify the person in
whose name the lands on which | 5 |
| drilling operations are to be commenced and who
is assessed at | 6 |
| the time the certification is made. The written certification
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| made by the assessor of the surface owner shall be conclusive | 8 |
| evidence of
the surface ownership and of the operator's | 9 |
| compliance with the provisions of
this Act.
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| (c) The notice required to be given by the operator to the | 11 |
| surface owner
shall identify the following:
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| (1) The location of the proposed entry on the
surface | 13 |
| for drilling operations, and the date on or after which | 14 |
| drilling
operations shall be commenced.
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| (2) A photocopy of the drilling application to the | 16 |
| Department
of Natural Resources for
the well to be drilled.
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| (3) The name, address and telephone number of the | 18 |
| operator.
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| (4) An offer to discuss with the surface owner those | 20 |
| matters set forth
in Section 5 hereof prior to commencement | 21 |
| of drilling operations.
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| If the surface owner elects to meet the operator, the | 23 |
| surface owner
shall request the operator to schedule a meeting | 24 |
| at a mutually agreed time
and place within the limitations set | 25 |
| forth herein. Failure of the surface
owner to contact the | 26 |
| operator at least 5 days prior to the proposed
commencement of |
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| drilling operations shall be conclusively deemed a waiver
of | 2 |
| the right to meet by the surface owner.
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| The meeting shall be scheduled between the hours of 9:00 in | 4 |
| the
morning
and the setting of the sun of the same day and | 5 |
| shall be at least 3 days prior
to commencement of drilling | 6 |
| operations. Unless agreed to otherwise, the
place shall be | 7 |
| located within the county in which drilling operations are
to | 8 |
| be commenced where the operator or his agent shall be available | 9 |
| to
discuss with the surface owner or his agent those matters | 10 |
| set forth in Section
5 hereof.
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| The notice and a copy of the Act as herein required shall | 12 |
| be given to the surface owner by
either:
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| (A) certified mail addressed to the surface owner at | 14 |
| the address shown
in the certification obtained from the | 15 |
| assessor, which shall be postmarked
at least 15 10 days | 16 |
| prior to the commencement of drilling operations; or
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| (B) personal delivery to the surface owner at least 15 | 18 |
| 8 days prior to the
commencement of drilling operations.
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| (C) Notice to the surface owner as defined in this Act | 20 |
| shall be deemed
conclusive notice to the record owners of | 21 |
| all interest in the surface.
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| (Source: P.A. 95-331, eff. 8-21-07; 95-493, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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