Illinois General Assembly - Full Text of SB3280
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Full Text of SB3280  97th General Assembly


Rep. Naomi D. Jakobsson

Filed: 5/31/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3280, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Oil and Gas Act is amended by
6adding Sections 30 and 35 as follows:
7    (225 ILCS 725/30 new)
8    Sec. 30. Hydraulic fracturing moratorium.
9    (a) No person shall conduct high volume horizontal
10hydraulic fracturing operations prior to June 1, 2014.
11    (b) As used in this Section:
12        "High volume horizontal hydraulic fracturing
13    operations" means all stages of the treatment or operation
14    of a horizontal well by the pressurized application of more
15    than 80,000 gallons of hydraulic fracturing fluid per
16    treatment stage to initiate or propagate fractures in shale



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1    to enhance extraction or production of oil or gas.
2        "Horizontal well" means a well with a wellbore drilled
3    laterally at an angle of at least 80 degrees to the
4    vertical and with a horizontal projection exceeding 100
5    feet measured from the initial point of penetration into
6    the productive formation through the terminus of the
7    lateral in the same common source of hydrocarbon supply.
8        "Hydraulic fracturing fluid" means the fluid,
9    including the applicable base fluid and all hydraulic
10    fracturing additives, used to perform high volume
11    hydraulic fracturing.
12        "Shale" means a fine-grained sedimentary rock formed
13    by the consolidation of clay, silt, or mud that is
14    representative of, but not limited to, the New Albany Shale
15    and Maquoketa Shale groups as defined in the Illinois
16    Bulletin 95 Handbook of Stratigraphy.
17    (225 ILCS 725/35 new)
18    Sec. 35. The Hydraulic Fracturing Task Force.
19    (a) There is hereby created the Hydraulic Fracturing Task
20Force. The purpose of the Task Force is to conduct a thorough
21review of the regulation of hydraulic fracturing operations in
22Illinois. The Task Force shall gather information, review,
23evaluate, and make recommendations regarding the regulation of
24hydraulic fracturing operations in Illinois, including, but
25not limited to, recommendations concerning the following:



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1        (1) the protection of the State's water resources,
2    including the use of setback limitations;
3        (2) disclosure of information regarding chemicals used
4    in hydraulic fracturing fluid and trade secret
5    protections;
6        (3) the use of toxic chemicals in hydraulic fracturing
7    fluid;
8        (4) the practices of landmen in leasing or buying oil
9    and gas rights or establishing surface rights;
10        (5) public hearings and comments regarding proposed
11    hydraulic fracturing operations;
12        (6) the handling, storage, and disposal of hydraulic
13    fracturing flowback and other waste fluids, including
14    whether the waste produced from hydraulic fracturing
15    operations should be classified as hazardous waste;
16        (7) the control of air emissions from oil and gas wells
17    that are hydraulically fractured; and
18        (8) permitting requirements for hydraulic fracturing
19    operations.
20    (b) The Task Force shall consist of 13 members as follows:
21        (1) one member appointed by the Speaker of the House;
22        (2) one member appointed by the House Minority Leader;
23        (3) one member appointed by the President of the
24    Senate;
25        (4) one member appointed by the Senate Minority Leader;
26        (5) one member appointed by the Office of the Attorney



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1    General;
2        (6) one member appointed by the Director of the
3    Department of Natural Resources;
4        (7) one member appointed by the Director of the
5    Illinois Environmental Protection Agency;
6        (8) two persons representing environmental interests
7    appointed by the Governor;
8        (9) two persons representing oil and gas interests
9    appointed by the Governor;
10        (10) one person representing agricultural interests
11    appointed by the Governor; and
12        (11) one person representing public water supplies
13    appointed by the Governor.
14    (c) The members of the Task Force shall designate a
15chairperson upon their first meeting.
16    (d) The Task Force shall conduct meetings and conduct a
17public hearing before filing its findings and recommendations
18under this Section. At the public hearings, the Task Force
19shall allow interested persons to present their views and
21    (e) The members shall receive no compensation for their
22services on the Task Force but shall be reimbursed for any
23ordinary and necessary expenses incurred in the performance of
24their duties.
25    (f) The Department of Natural Resources shall provide
26administrative and staff support to the Task Force.



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1    (g) The Task Force shall provide its findings and
2recommendations to the General Assembly by January 1, 2013.
3After it submits its findings and recommendations, the Task
4Force shall be abolished.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".