Illinois General Assembly - Full Text of SB0630
Illinois General Assembly

Previous General Assemblies

Full Text of SB0630  98th General Assembly


Sen. Don Harmon

Filed: 5/31/2013





09800SB0630sam001LRB098 04435 MGM 46443 a


2    AMENDMENT NO. ______. Amend Senate Bill 630 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Oil and Gas Act is amended by
5adding Sections 29 and 30 as follows:
6    (225 ILCS 725/29 new)
7    Sec. 29. Horizontal hydraulic fracturing moratorium.
8    (a) As used in this Section and Section 30:
9        "Hydraulic fracturing" means the injection under
10    pressure of any combination of fluids, gases, gels, or
11    other materials into an underground geologic formation for
12    the purpose of extracting gas, oil, or other hydrocarbons.
13        "Horizontal" means a deviation in a well's
14    construction more than 100 feet laterally from the vertical
15    line extending straight downward from the point of
16    penetration at the surface of the wellbore.



09800SB0630sam001- 2 -LRB098 04435 MGM 46443 a

1    (b) No person shall conduct horizontal hydraulic
2fracturing operations in this State. It is the express purpose
3of this Section and Section 30 of this Act, that a moratorium
4on horizontal hydraulic fracturing operations in this State
5shall continue until the General Assembly determines that
6Illinois has implemented and has the ability to enforce rules
7to protect the environment, public health, homes, and
8livelihoods from the harms otherwise likely to be caused by
9horizontal hydraulic fracturing. Any subsequent legislation
10regarding horizontal hydraulic fracturing operations in this
11State shall be informed by the findings and recommendations of
12the Hydraulic Fracturing Task Force under Section 30 of this
14    (225 ILCS 725/30 new)
15    Sec. 30. The Hydraulic Fracturing Task Force.
16    (a) There is hereby created the Hydraulic Fracturing Task
18    (b) The Task Force shall conduct a thorough, scientific,
19and public investigation reviewing, assessing, and addressing
20the potential dangers, environmental effects, and
21socio-economic costs of hydraulic fracturing (including wear,
22tear, and repair) to public health, private property, air
23quality, and water availability including issues of supply
24scarcity, water quality, public lands, livestock, wildlife,
25seismic vulnerability and preparedness, and public ways (such



09800SB0630sam001- 3 -LRB098 04435 MGM 46443 a

1as roadways and highways); to assess the overall local and
2regional potential economic gains, losses, or both; and to
3consider issues of community integrity, including issues of
5    (c) The Task Force shall perform a thorough review of all
6relevant and available scientific studies pertaining to
7hydraulic fracturing throughout the United States, including
8those conducted by state governments, universities in the
9United States and elsewhere, and reputable environmental and
10industry institutions. The Task Force shall also conduct a
11significant review of all regulations of hydraulic fracturing
12operations in all the states and in known localities throughout
13the United States.
14    (d) The Task Force shall gather information, review
15studies, evaluate testimony, and consider and summarize
16written comments received, and shall make written findings and
17recommendations regarding the economic and technological
18feasibility and reasonableness of conducting hydraulic
19fracturing in this State, as well as the potential
20environmental and health impacts from this activity.
21    (e) The Task Force shall identify and recommend any areas
22requiring further inquiry, study, or investigation and shall
23make recommendations, based on the evidence gathered, with
24respect to any prospective horizontal hydraulic fracturing
25operations in this State, consistent with the purpose set forth
26in subsection (b) of Section 29 of this Act.



09800SB0630sam001- 4 -LRB098 04435 MGM 46443 a

1    (f) The Task Force shall gather information, including
2through public comments and public hearings, and shall, upon
3gathering all information available, make written findings and
4recommendations to the General Assembly and the Governor,
5including, but not limited to, investigation, findings, and
6recommendations concerning the following:
7        (1) the protection of the State's water resources,
8    including the identification of potential contaminants,
9    potential sources of environmental contamination,
10    potential for migration of contaminants to surface and
11    ground water resources, expected rate of water usage and
12    its impact on aquifers, private wells, and public sources
13    of drinking water, and potential health risks from any
14    identified risks of contamination of water resources;
15        (2) potential impacts to agriculture, tourism, and
16    other industries, such as the wine producing industry;
17        (3) potential impacts to wildlife and natural
18    resources;
19        (4) potential chemicals used in hydraulic fracturing
20    fluid and the safety and health implications of the use of
21    these chemicals and the potential use of inert tracer
22    chemicals to identify hydraulic fracturing fluid that has
23    migrated;
24        (5) potential air emissions, including identifying
25    potential air pollutants, point and nonpoint sources of
26    releases of contaminants to the air, and recommended



09800SB0630sam001- 5 -LRB098 04435 MGM 46443 a

1    controls, monitoring, and regulation for these potential
2    emissions;
3        (6) potential areas of regulation, including
4    recommendations as to proper equipment standards,
5    operating practices, set back requirements, environmental
6    monitoring and sampling, the handling, storage, and
7    disposal of hydraulic fracturing fluid, flowback, and any
8    and all waste water and solid waste, including whether any
9    of this waste should be classified as hazardous waste or
10    radioactive waste, and any potential regulatory provisions
11    required to protect water and air resources and public and
12    private interests;
13        (7) identification of all risks, including effects on
14    seismic activities and recommendations regarding the same;
15        (8) potential permitting requirements for hydraulic
16    fracturing;
17        (9) potential concerns regarding the safeguarding of
18    proprietary information, including trade secret and
19    business confidential information;
20        (10) the practices of persons, sometimes referred to as
21    landmen, in the leasing, acquisition, or both of oil
22    rights, gas rights, mineral rights, subsurface rights, use
23    of a surface lands, or a combination thereof, from land
24    owners, including findings and recommendations for any
25    rules over these practices;
26        (11) identification and summarization of information



09800SB0630sam001- 6 -LRB098 04435 MGM 46443 a

1    gathered at public hearings and in written comments from
2    interested persons regarding proposed hydraulic fracturing
3    operations in this State; and
4        (12) the propriety of procedures that may allow the
5    placement of a well pad, support equipment, and structures,
6    on land where the surface owner has not given express
7    consent, or that may allow drilling and fracturing to occur
8    underground where the surface owner has not given express
9    consent.
10    (g) The Hydraulic Fracturing Task Force shall consist of
11the following members, with all appointments to the Task Force
12to be made within 30 days after the effective date of this
13amendatory Act of the 98th General Assembly:
14        (1) one member appointed by the Speaker of the House of
15    Representatives;
16        (2) one member appointed by the House of
17    Representatives Minority Leader;
18        (3) one member appointed by the President of the
19    Senate;
20        (4) one member appointed by the Senate Minority Leader;
21        (5) one member appointed by the Office of the Attorney
22    General;
23        (6) two members appointed by the Director of the
24    Department of Natural Resources, one of whom shall be
25    selected to represent public water systems;
26        (7) one member appointed by the Director of the



09800SB0630sam001- 7 -LRB098 04435 MGM 46443 a

1    Illinois Environmental Protection Agency;
2        (8) two members representing environmental
3    organizations, one appointed by the Governor, and one
4    attorney appointed by the Attorney General;
5        (9) two members representing the oil and gas industry,
6    one appointed by the Governor, and one attorney appointed
7    by the Attorney General;
8        (10) one member representing Illinois business and
9    industrial interests appointed by the Governor;
10        (11) one member representing a statewide farm
11    organization appointed by the Director of the Illinois
12    Department of Agriculture;
13        (12) one member appointed by the Director of the
14    Illinois Department of Agriculture who holds a position as
15    a state conservationist;
16        (13) one member appointed by the United States
17    Department of Agriculture Natural Resource Conservation
18    Service;
19        (14) the Director of the Illinois Emergency Management
20    Agency or his or her designee;
21        (15) two members appointed by the Director of the
22    Illinois State Geological Survey, one of whom shall be a
23    hydrologist and one of whom shall be a geologist;
24        (16) one member appointed by the Governor from the
25    Illinois Stewardship Alliance;
26        (17) the Director of the Illinois Department of



09800SB0630sam001- 8 -LRB098 04435 MGM 46443 a

1    Insurance or his or her designee;
2        (18) the Director of the Illinois Office of Tourism or
3    his or her designee;
4        (19) one member appointed by the Governor representing
5    an environmental group working for the conservation of the
6    Shawnee National Forest;
7        (20) one member appointed by the Illinois Pollution
8    Control Board;
9        (21) one member appointed by the Board of the Illinois
10    Association of Groundwater Professionals;
11        (22) one member appointed by the Lieutenant Governor
12    from the Southern Illinois Farming Network;
13        (23) the Director of the Illinois Department of Public
14    Health or his or her designee;
15        (24) one member appointed by the Governor from the
16    Illinois Public Health Association;
17        (25) one member appointed by the Illinois State Board
18    of Higher Education, representing a school of public health
19    of a state university within this State;
20        (26) one member appointed by the Governor representing
21    a statewide municipal organization; and
22        (27) one member appointed by the Governor representing
23    a statewide county organization.
24    (h) The members of the Task Force shall designate a
25chairperson upon their first meeting, which shall take place no
26later than 90 days after the effective date of this amendatory



09800SB0630sam001- 9 -LRB098 04435 MGM 46443 a

1Act of the 98th General Assembly.
2    (i) The Task Force shall conduct monthly or bi-monthly
3meetings, conference calls, or both, and shall conduct at least
43 public hearings, which shall be held at geographically
5convenient locations around the State, before filing its final
6written findings and recommendations in accordance with this
7Section. These hearings shall be determined by the Task Force
8on a schedule that is publicly announced in area newspapers,
9State buildings, websites, and other media no less than 3 weeks
10in advance of each hearing and in local newspapers no more than
113 months in advance of any given hearing in that geographic
12area. These hearings may be continued if all persons could not
13be heard, and all hearings shall be completed at least 3 months
14prior to the time for submission of the final written findings
15and recommendations.
16    (j) At the public hearings, the Task Force shall allow
17interested persons to present their views and comments and to
18present any written literature, statements, articles, or
19comments. Transcripts of all hearings shall be made available
20to the Task Force and the public. Based on attendance and time
21frames, the Task Force may set limits for the time each speaker
22may comment, but in no event shall less than 5 minutes be
23allowed per speaker and any speaker with technical or
24scientific credentials shall be given deference to testify at
25least 15 minutes or more. Equal time shall be given to all
26expert presentations of evidence and concerns.



09800SB0630sam001- 10 -LRB098 04435 MGM 46443 a

1    (k) The members of the Task Force shall receive no
2compensation for their services on the Task Force, but shall be
3reimbursed for any ordinary and necessary expenses incurred in
4the performance of their duties, including reimbursement for
5mileage. The Task Force members may divide responsibilities as
6appropriate for the subject matter and as determined by
7majority vote of the Task Force or as given to the Chairman by
8a majority vote of the members. However, any member may
9investigate or inquire as to any issue listed in subsection (f)
10of this Section.
11    (l) The Department of Natural Resources and the Illinois
12Environmental Protection Agency shall each provide at least one
13full-time person to provide administrative staff support to the
14Task Force, as needed.
15    (m) All documents gathered by the Task Force shall be a
16public record and shall be made available as conveniently as
17possible for review by the public in as timely a manner as
18practicable, including making all information available in
19electronic form, through a website, or both.
20    (n) The Task Force shall provide its written findings and
21recommendations to the General Assembly and the Governor no
22later than 2 years after the effective date of this amendatory
23Act of the 98th General Assembly. The public record of
24documents, comments, and transcripts shall also be made
25available in electronic form or on a website. Individual
26members or any groups of members may file separate findings and



09800SB0630sam001- 11 -LRB098 04435 MGM 46443 a

1recommendations or dissents on particular issues, but
2consensus of the entire Task Force is encouraged and all
3findings and recommendations by the entire Task Force shall be
4identified in the final written report.
5    (o) This Section 30 is repealed on December 31, 2015.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".