Full Text of SB0451 99th General Assembly
SB0451sam002 99TH GENERAL ASSEMBLY | Sen. Dan Kotowski Filed: 4/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 451
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 451 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Hydraulic Fracturing Regulatory Act is | 5 | | amended by adding Section 1-99.5 as follows: | 6 | | (225 ILCS 732/1-99.5 new) | 7 | | Sec. 1-99.5. The Illinois Active Earthquake Zone | 8 | | Investigative Task Force. | 9 | | (a) The Department shall, prior to final approval of any | 10 | | and all new or modified permits for high volume horizontal | 11 | | fracturing wells and operations, horizontal drilled wells with | 12 | | fracturing operations, Class II injection disposal wells, and | 13 | | waste management plans for disposal of oil drilling waste, | 14 | | liquid natural gas waste, or natural gas drilling waste from | 15 | | high volume horizontal fracturing wells and operations, and | 16 | | horizontal drilled wells with fracturing operations, request |
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| 1 | | the approval of those permits, permit modifications, and plans | 2 | | from the Illinois Active Earthquake Zone Investigative Task | 3 | | Force, created in subsection (e) of this Section, if the wells | 4 | | and operations or disposal sites are located within any and all | 5 | | counties that wholly or partially contain any part of the New | 6 | | Madrid seismic zone, the Wabash Valley seismic zone, the Ste. | 7 | | Genevieve seismic zone, the Cottage Grove fault system, the | 8 | | Rough Creek-Shawneetown fault system, the magmatic system of | 9 | | Hicks Dome, the Illinois-Kentucky Fluorspar District, or the | 10 | | NNW-trending La Salle, Du Quoin, and Clay City fold systems. | 11 | | The requirement of obtaining approval of permits, permit | 12 | | modifications, or waste management plans from the Illinois | 13 | | Active Earthquake Zone Investigative Task Force is in addition | 14 | | to all requirements mandated by this Act. | 15 | | (b) Public notice shall be given no later than 5 days after | 16 | | a request by the Department of an approval from the Task Force, | 17 | | via announcement on the Illinois Emergency Management Agency | 18 | | website in a manner that is accessible and searchable by the | 19 | | public, including the permits, permit modifications, or waste | 20 | | management plans, their locations, the operators and companies | 21 | | involved, and as much detail about the permits, permit | 22 | | modifications, or waste management plans as is available. The | 23 | | public announcement shall initiate a public comment period that | 24 | | shall last for 60 days allowing for public comments, both | 25 | | electronically and written. The Task Force shall host any | 26 | | public hearings that it deems necessary and take all public |
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| 1 | | comments under advisement during their process of | 2 | | deliberation. The public shall be able to, through the website, | 3 | | request a public hearing on the approval, which shall be | 4 | | granted if requested by: (i) any stake holder with real | 5 | | property, water, or business interests within the county, or | 6 | | immediate adjacent counties, for which the permit, | 7 | | modification, or disposal plan approval has been requested, | 8 | | (ii) a community, religious, or environmental organization | 9 | | with 4 or more members who live within the county or immediate | 10 | | adjacent counties for which the permit, modification, or | 11 | | disposal plan approval has been requested, or (iii) 4 or more | 12 | | members of the general public who live within the county or | 13 | | immediate adjacent counties for which the permit, | 14 | | modification, or disposal approval has been requested. The | 15 | | public hearing, if granted, shall be scheduled by the Task | 16 | | Force within 60 days of the due date of the approval or denial, | 17 | | with public notice of at least 14 days, within the county for | 18 | | which the permit, modification, or disposal plan approval has | 19 | | been requested. The public hearing shall be attended by at | 20 | | least 3 members of the Task Force and documented on video, | 21 | | which shall be archived within 3 days on the Illinois Emergency | 22 | | Management Agency website and be accessible to the public. | 23 | | (c) The approval or denial of any permits, modifications, | 24 | | or disposal plans by the Illinois Active Earthquake Zone | 25 | | Investigative Task Force shall: | 26 | | (1) be published no later than 120 days after receipt |
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| 1 | | of the request from the Department; | 2 | | (2) be reflective of a 50% plus one vote of the Task | 3 | | Force and signed by a majority of the members of the Task | 4 | | Force, or their designee; | 5 | | (3) clearly state the reasons for the decision and any | 6 | | dissenting votes and their reasons; | 7 | | (4) be archived as a public document, along with all | 8 | | public comments and testimony at public hearings in a | 9 | | searchable database that is accessible to the public on the | 10 | | website of the Illinois Emergency Management Agency; | 11 | | (5) be posted within 48 hours on the websites of the | 12 | | Department and the Illinois Emergency Management Agency; | 13 | | (6) upon request by the Department, initiate a public | 14 | | process; | 15 | | (7) allow an appeal process with the Task Force by any | 16 | | person described in subsection (b), either in writing or | 17 | | electronically, within 30 days after the Task Force | 18 | | publishes its approval or denial; and | 19 | | (8) be decided only if a quorum of Task Force members | 20 | | are in attendance at the meeting where the vote is taken, | 21 | | either in person, by phone, or electronic conferencing. | 22 | | The Task Force shall address all significant issues brought | 23 | | up in the appeal process in writing, individually, and publicly | 24 | | on its website within 30 days after the close of the appeal | 25 | | comment period. The Task Force may revoke its approval or | 26 | | denial of the permits, modifications, or disposal plans based |
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| 1 | | on evidence brought forth during the appeal process if done | 2 | | within 60 days of the initial approval or denial, with a 50% | 3 | | plus one vote of the members of the Task Force. The Task Force | 4 | | shall publish its decision to revoke an approval or denial and | 5 | | the reasons for its decision along with any dissenting votes | 6 | | and its reasons within 60 days after the initial approval or | 7 | | denial. | 8 | | (d) The Department shall work with the Illinois State | 9 | | Geological Survey to perform probability mapping of all active | 10 | | seismic zones in this State listed in subsection (a). Using | 11 | | existing data and resources at the Illinois State Geological | 12 | | Survey and the United States Geological Survey, along with data | 13 | | on faults in brittle rock, the Illinois State Geological Survey | 14 | | shall outline, for each county, the areas of the active faults | 15 | | listed in subsection (a) that carry a high, medium, and low | 16 | | probability of induced seismicity from high volume horizontal | 17 | | fracturing wells and operations, horizontal drilled wells with | 18 | | fracturing operations, Class II injection disposal wells, and | 19 | | waste disposal of oil drilling waste, liquid natural gas waste, | 20 | | or natural gas drilling waste from high volume horizontal | 21 | | fracturing wells and operations, and horizontal drilled wells | 22 | | with fracturing operations. This map shall be finalized no | 23 | | later than January 1, 2017 and shall be publicly available on | 24 | | the websites of the Department, the Illinois Emergency | 25 | | Management Agency, and the Illinois State Geological Survey | 26 | | within one week of its completion. |
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| 1 | | (e) The Illinois Active Earthquake Zone Investigative Task | 2 | | Force is hereby created. The Task Force shall have the | 3 | | following members: | 4 | | (1) the Director, or his or her representative, from | 5 | | each of the following State agencies: the Illinois | 6 | | Emergency Management Agency, the Department of Natural | 7 | | Resources, the Department of Public Health, the Illinois | 8 | | State Water Survey, the Illinois Pollution Control Board, | 9 | | the Illinois Environmental Protection Agency, the Illinois | 10 | | State Geological Survey, and the Department of Insurance; | 11 | | (2) one independent expert in risk assessment in | 12 | | earthquake zones and its impact on insurance rates and | 13 | | ratings appointed by the Director of Insurance; | 14 | | (3) one university-based independent seismologist with | 15 | | expertise in induced seismicity appointed by the Director | 16 | | of the Illinois State Geological Survey; and | 17 | | (4) one member appointed by the Attorney General with | 18 | | expertise in property and insurance law. | 19 | | (f) The chairperson of the Illinois Active Earthquake Zone | 20 | | Investigative Task Force shall be the Director of the Illinois | 21 | | Emergency Management Agency or his or her representative. The | 22 | | members shall be appointed no later than 30 days after the | 23 | | effective date of this amendatory Act of the 99th General | 24 | | Assembly. | 25 | | The Illinois Active Earthquake Zone Investigative Task | 26 | | Force shall: |
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| 1 | | (1) Meet as often as necessary, but at least once a | 2 | | month, either in person or via conference call or | 3 | | electronic conferencing capabilities, beginning no later | 4 | | than 60 days after the effective date of this amendatory | 5 | | Act of the 99th General Assembly. All meetings shall: | 6 | | (A) be conducted as public meetings with adequate | 7 | | public notice, and allow for the public to submit | 8 | | comments and documents at the meetings and | 9 | | electronically; | 10 | | (B) be archived on the website of the Illinois | 11 | | Emergency Management Agency in a searchable manner for | 12 | | the public; and | 13 | | (C) convene in the areas of Illinois with the | 14 | | active seismic zones listed in subsection (a) at least | 15 | | 3 times a year. | 16 | | (2) Serve without pay, if the member is employed by the | 17 | | State, or, if the member is not employed by the State, paid | 18 | | a per diem set by the Illinois Emergency Management Agency, | 19 | | for time spent working on the Task Force. | 20 | | (3) Investigate any and all adverse effects or risks | 21 | | from significant naturally-occurring earthquakes and | 22 | | induced seismicity by high volume horizontal fracturing | 23 | | wells and operations, horizontal drilling with fracturing | 24 | | operations, and the disposal of oil, liquid natural gas, | 25 | | and natural gas waste in Class II injection wells, on oil | 26 | | and natural gas wells, operations, and infrastructure, in |
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| 1 | | the active seismic zones listed in subsection (a). | 2 | | (4) Investigate the risks and probabilities of induced | 3 | | seismicity from Class II injection well disposal of oil and | 4 | | natural gas waste if the wells are located within any and | 5 | | all counties that wholly or partially contain any part of | 6 | | the active seismic zones listed in subsection (a). | 7 | | (5) Examine the probability of induced seismicity in | 8 | | Illinois active seismic zones and any and all adverse | 9 | | effects or risks of induced seismicity on: | 10 | | (A) water resources, water wells, aquifers, dams, | 11 | | canals, any possible contamination, and the | 12 | | environment, including possible soil and air | 13 | | contamination; | 14 | | (B) public health effects, including mental health | 15 | | adverse effects of repeated induced seismic events; | 16 | | (C) property, including livestock and domesticated | 17 | | animals, wells, residences, structures, and farming | 18 | | buildings; | 19 | | (D) tourism and recreational activities in the | 20 | | active seismic zones of this State; | 21 | | (E) risk management issues, including emergency | 22 | | management plans; | 23 | | (F) risk management issues, including liability, | 24 | | bonding, and insurance requirements for operators, | 25 | | well owners, land owners, mineral rights owners, | 26 | | lessors, and subcontractors and the effects on |
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| 1 | | insurance rates and ratings, mortgages, small | 2 | | businesses and their insurance and mortgage rates and | 3 | | availability; | 4 | | (G) the mechanical integrity of oil, liquid | 5 | | natural gas, and natural gas wells, Class II injection | 6 | | wells, the oil, liquid natural gas, and natural gas | 7 | | industry infrastructure, including pipelines, and any | 8 | | possible contamination from a breach of mechanical | 9 | | integrity of these structures; | 10 | | (H) effects of potential spillage, leakage, fires, | 11 | | or blowouts of the oil, liquid natural gas, and natural | 12 | | gas wells, fracturing waste and waste water | 13 | | containment structures, including open pits, oil, | 14 | | liquid natural gas, and natural gas processing | 15 | | infrastructure, and transportation infrastructure, | 16 | | including pipelines, secondary to possible induced | 17 | | seismicity, and significant naturally occurring | 18 | | seismic events; | 19 | | (I) effects of potential spillage, leakage, fires, | 20 | | or blowouts of chemicals, proppants, and byproducts, | 21 | | and their containment, processing, and transportation | 22 | | infrastructure, secondary to possible induced | 23 | | seismicity, and significant naturally occurring | 24 | | seismic events; | 25 | | (J) the safety of any nuclear power plants, uranium | 26 | | processing plants, or low-level radioactive waste |
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| 1 | | storage sites in this State and the surrounding states | 2 | | that may be impacted by induced seismicity triggered | 3 | | within the active seismic zones in this State; | 4 | | (K) the risks of inducing a significant earthquake | 5 | | greater than magnitude 6, either immediately or in the | 6 | | future, on all of the issues delineated in this | 7 | | Section, and the risk management issues involved with | 8 | | protracted or larger magnitude induced seismic events; | 9 | | and | 10 | | (L) whether the Green Light, Yellow Light, Red | 11 | | Light system of mitigation of induced seismicity, | 12 | | proposed by the Illinois State Geological Survey and | 13 | | the Department, is appropriate or sufficient for | 14 | | mitigation of all adverse effects of induced | 15 | | seismicity in the active seismic zones in this State. | 16 | | (g) The Illinois Active Earthquake Zone Investigative Task | 17 | | Force shall investigate the issues under subsection (f), allow | 18 | | their investigations to inform their approval or denial of any | 19 | | permits,
modifications, or disposal plans, and write and submit | 20 | | a report to the General Assembly, the Governor, the Hydraulic | 21 | | Fracturing Task Force, the Illinois Emergency Management | 22 | | Agency, the Department of Natural Resources, the Department of | 23 | | Public Health, the Illinois State Water Survey, the Illinois | 24 | | Pollution Control Board, the Illinois Environmental Protection | 25 | | Agency, the Illinois State Geological Survey, the Department of | 26 | | Insurance, the Illinois Attorney General, and to the public via |
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| 1 | | the website of the Illinois Emergency Management Agency and the | 2 | | website of the Department of Natural Resources. The report | 3 | | shall be as complete as possible when discussing the risks and | 4 | | the possible mitigation of the risks from induced seismicity | 5 | | and shall include recommendations and conclusions about | 6 | | induced seismic events in the active seismic zones listed in | 7 | | subsection (a), including: | 8 | | (1) the risks of drilling and extracting oil, liquid | 9 | | natural gas, and
natural gas in active seismic zones; | 10 | | (2) the risks of drilling and operating Class II | 11 | | injection wells in active seismic zones; | 12 | | (3) the storage, disposal, and use of fracturing waste | 13 | | or wastewater
open pits in active seismic zones; | 14 | | (4) earthquake induced contamination of air, water, | 15 | | and soil from oil
and natural gas extraction operations and | 16 | | waste disposal, the clean
up and public health effects of | 17 | | the contamination; | 18 | | (5) emergency management recommendations during | 19 | | earthquakes involving areas of oil and natural gas | 20 | | operations and infrastructure; | 21 | | (6) earthquake-induced spillage and leakage from oil | 22 | | and natural gas wells and infrastructure and Class II | 23 | | injection disposal wells; | 24 | | (7) oil and natural gas infrastructure instability | 25 | | during earthquakes; | 26 | | (8) bonding requirements for oil and natural gas |
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| 1 | | drilling and operations and infrastructure in active | 2 | | seismic zones; | 3 | | (9) insurance requirements for oil and natural gas | 4 | | drilling and operations and infrastructure in active | 5 | | seismic zones; | 6 | | (10) best practices for the oil and natural gas | 7 | | industry in active seismic zones; and | 8 | | (11) any and all emergency management, transportation, | 9 | | and communication recommendations related to the oil and | 10 | | natural gas industry and its operations before, during, and | 11 | | after a large naturally-occurring or induced earthquake. | 12 | | (h) The report shall include recommendations to the General | 13 | | Assembly and Governor for legislation to protect the public | 14 | | health, environment, property, livelihoods, and communities | 15 | | from all reported adverse effects of induced seismicity in the | 16 | | Illinois active seismic zones, including recommendations to | 17 | | the General Assembly about legislation to limit damages, harms, | 18 | | risks, contamination, and legal challenges over liability | 19 | | secondary to induced seismic events in the active seismic zones | 20 | | and how to mitigate the risks from blowouts, spillage, leakage, | 21 | | and damages to the mechanical integrity of oil, liquid natural | 22 | | gas, and natural gas wells, drilling, Class II injection wells, | 23 | | waste and waste water containment, pipelines, infrastructure, | 24 | | chemicals, proppants, and byproducts from a significant | 25 | | naturally-occurring or induced earthquake. This report shall | 26 | | also include any and all emergency management, transportation, |
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| 1 | | and communication recommendations related to the oil and | 2 | | natural gas industry and its operations before, during, and | 3 | | after induced seismicity and significant naturally-occurring | 4 | | seismic events. | 5 | | (i) The Illinois Active Earthquake Zone Investigative Task | 6 | | Force
shall submit its report on or before January 1, 2018.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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