Full Text of SB1458 99th General Assembly
SB1458ham002 99TH GENERAL ASSEMBLY | Rep. Terri Bryant Filed: 5/13/2015
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| 1 | | AMENDMENT TO SENATE BILL 1458
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1458, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Department of Natural Resources Act is | 6 | | amended by changing Section 10-5 as follows:
| 7 | | (20 ILCS 801/10-5)
| 8 | | Sec. 10-5. Office of Mines and Minerals.
| 9 | | (a) The Department of Natural Resources shall have within | 10 | | it an Office of
Mines and Minerals, which shall be responsible | 11 | | for the functions previously
vested in the Department of Mines | 12 | | and Minerals and the Abandoned Mined Lands
Reclamation Council | 13 | | and such other related functions and responsibilities as
may be | 14 | | provided by law.
| 15 | | (b) The Office of Mines and Minerals shall
have a Director | 16 | | and a Manager.
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| 1 | | The Director of the Office of Mines and Minerals shall be a | 2 | | person thoroughly
conversant with the theory and practice of | 3 | | coal mining but who is not
identified with either coal | 4 | | operators or coal miners. The Director of the
Office of Mines | 5 | | and Minerals must hold a certificate of competency as a mine
| 6 | | examiner issued by the Illinois Mining Board.
| 7 | | The Manager of the Office of Mines and Minerals
shall be a | 8 | | person who is thoroughly conversant with the theory and | 9 | | practice
of coal mining in the State of Illinois.
| 10 | | (c) Notwithstanding any provision of this Act or any other | 11 | | law to the contrary, the Department of Natural Resources may | 12 | | have within it an Office of Oil and Gas Resource Management, | 13 | | which may be responsible for the functions previously vested in | 14 | | the Department of Mines and Minerals relating to oil and gas | 15 | | resources, such other related functions and responsibilities | 16 | | as may be provided by law, and other functions and | 17 | | responsibilities at the discretion of the Department of Natural | 18 | | Resources. | 19 | | (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
| 20 | | Section 10. The State Finance Act is amended by changing | 21 | | Section 5.832 as follows: | 22 | | (30 ILCS 105/5.832) | 23 | | Sec. 5.832. The Oil and Gas Resource Management Mines and | 24 | | Minerals Regulatory Fund. |
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| 1 | | (Source: P.A. 98-22, eff. 6-17-13; 98-756, eff. 7-16-14.) | 2 | | Section 15. The Hydraulic Fracturing Regulatory Act is | 3 | | amended by changing Sections 1-35, 1-65 and 1-135 as follows: | 4 | | (225 ILCS 732/1-35)
| 5 | | Sec. 1-35. High volume horizontal hydraulic fracturing | 6 | | permit application. | 7 | | (a) Every applicant for a permit under this Act shall first | 8 | | register with the Department at least 30 days before applying | 9 | | for a permit. The Department shall make available a | 10 | | registration form within 90 days after the effective date of | 11 | | this Act. The registration form shall require the following | 12 | | information:
| 13 | | (1) the name and address of the registrant and any | 14 | | parent, subsidiary, or affiliate thereof;
| 15 | | (2) disclosure of all findings of a serious violation | 16 | | or an equivalent violation under federal or state laws or | 17 | | regulations in the development or operation of an oil or | 18 | | gas exploration or production site via hydraulic | 19 | | fracturing by the applicant or any parent, subsidiary, or | 20 | | affiliate thereof within the previous 5 years; and
| 21 | | (3) proof of insurance to cover injuries, damages, or | 22 | | loss related to pollution or diminution in the amount of at | 23 | | least $5,000,000, from an insurance carrier authorized, | 24 | | licensed, or permitted to do this insurance business in |
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| 1 | | this State that holds at least an A- rating by A.M. Best & | 2 | | Co. or any comparable rating service.
| 3 | | A registrant must notify the Department of any change in | 4 | | the information identified in paragraphs (1), (2), or (3) of | 5 | | this subsection (a) at least annually or upon request of the | 6 | | Department.
| 7 | | (b) Every applicant for a permit under this Act must submit | 8 | | the following information to the Department on an application | 9 | | form provided by the Department:
| 10 | | (1) the name and address of the applicant and any | 11 | | parent, subsidiary, or affiliate thereof;
| 12 | | (2) the proposed well name and address and legal | 13 | | description of the well site and its unit area;
| 14 | | (3) a statement whether the proposed location of the | 15 | | well site is in compliance with the requirements of Section | 16 | | 1-25 of this Act and a plat, which shows the proposed | 17 | | surface location of the well site, providing the distance | 18 | | in feet, from the surface location of the well site to the | 19 | | features described in subsection (a) of Section 1-25 of | 20 | | this Act;
| 21 | | (4) a detailed description of the proposed well to be | 22 | | used for the high volume horizontal hydraulic fracturing | 23 | | operations including, but not limited to, the following | 24 | | information:
| 25 | | (A) the approximate total depth to which the well | 26 | | is to be drilled or deepened;
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| 1 | | (B) the proposed angle and direction of the well;
| 2 | | (C) the actual depth or the approximate depth at | 3 | | which the well to be drilled deviates from vertical;
| 4 | | (D) the angle and direction of any nonvertical | 5 | | portion of the wellbore until the well reaches its | 6 | | total target depth or its actual final depth; and
| 7 | | (E) the estimated length and direction of the | 8 | | proposed horizontal lateral or wellbore;
| 9 | | (5) the estimated depth and elevation, according to the | 10 | | most recent publication of the Illinois State Geological | 11 | | Survey of Groundwater for the location of the well, of the | 12 | | lowest potential fresh water along the entire length of the | 13 | | proposed wellbore;
| 14 | | (6) a detailed description of the proposed high volume | 15 | | horizontal hydraulic fracturing operations, including, but | 16 | | not limited to, the following:
| 17 | | (A) the formation affected by the high volume | 18 | | horizontal hydraulic fracturing operations, including, | 19 | | but not limited to, geologic name and geologic | 20 | | description of the formation that will be stimulated by | 21 | | the operation;
| 22 | | (B) the anticipated surface treating pressure | 23 | | range;
| 24 | | (C) the maximum anticipated injection treating | 25 | | pressure;
| 26 | | (D) the estimated or calculated fracture pressure |
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| 1 | | of the producing and confining zones; and
| 2 | | (E) the planned depth of all proposed perforations | 3 | | or depth to the top of the open hole section;
| 4 | | (7) a plat showing all known previous wellbores within | 5 | | 750 feet of any part of the horizontal wellbore that | 6 | | penetrated within 400 vertical feet of the formation that | 7 | | will be stimulated as part of the high volume horizontal | 8 | | hydraulic fracturing operations;
| 9 | | (8) unless the applicant documents why the information | 10 | | is not available at the time the application is submitted, | 11 | | a chemical disclosure report identifying each chemical and | 12 | | proppant anticipated to be used in hydraulic fracturing | 13 | | fluid for each stage of the hydraulic fracturing operations | 14 | | including the following:
| 15 | | (A) the total volume of water anticipated to be | 16 | | used in the hydraulic fracturing treatment of the well | 17 | | or the type and total volume of the base fluid | 18 | | anticipated to be used in the hydraulic fracturing | 19 | | treatment, if something other than water;
| 20 | | (B) each hydraulic fracturing additive anticipated | 21 | | to be used in the hydraulic fracturing fluid, including | 22 | | the trade name, vendor, a brief descriptor of the | 23 | | intended use or function of each hydraulic fracturing | 24 | | additive, and the Material Safety Data Sheet (MSDS), if | 25 | | applicable;
| 26 | | (C) each chemical anticipated to be intentionally |
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| 1 | | added to the base fluid, including for each chemical, | 2 | | the Chemical Abstracts Service number, if applicable; | 3 | | and
| 4 | | (D) the anticipated concentration in the base | 5 | | fluid, in percent by mass, of each chemical to be | 6 | | intentionally added to the base fluid;
| 7 | | (9) a certification of compliance with the Water Use | 8 | | Act of 1983 and applicable regional water supply plans;
| 9 | | (10) a fresh water withdrawal and management plan that | 10 | | shall include the following information:
| 11 | | (A) the source of the water, such as surface or | 12 | | groundwater, anticipated to be used for water | 13 | | withdrawals, and the anticipated withdrawal location;
| 14 | | (B) the anticipated volume and rate of each water | 15 | | withdrawal from each withdrawal location; | 16 | | (C) the anticipated months when water withdrawals | 17 | | shall be made from each withdrawal location;
| 18 | | (D) the methods to be used to minimize water | 19 | | withdrawals as much as feasible; and
| 20 | | (E) the methods to be used for surface water | 21 | | withdrawals to minimize adverse impact to aquatic | 22 | | life. | 23 | | Where a surface water source is wholly contained within | 24 | | a single property, and the owner of the property expressly | 25 | | agrees in writing to its use for water withdrawals, the | 26 | | applicant is not required to include this surface water |
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| 1 | | source in the fresh water withdrawal and management plan;
| 2 | | (11) a plan for the handling, storage, transportation, | 3 | | and disposal or reuse of hydraulic fracturing fluids and | 4 | | hydraulic fracturing flowback. The plan shall identify the | 5 | | specific Class II injection well or wells that will be used | 6 | | to dispose of the hydraulic fracturing flowback. The plan | 7 | | shall describe the capacity of the tanks to be used for the | 8 | | capture and storage of flowback and of the lined reserve | 9 | | pit to be used, if necessary, to temporarily store any | 10 | | flowback in excess of the capacity of the tanks. | 11 | | Identification of the Class II injection well or wells | 12 | | shall be by name, identification number, and specific | 13 | | location and shall include the date of the most recent | 14 | | mechanical integrity test for each Class II injection well;
| 15 | | (12) a well site safety plan to address proper safety | 16 | | measures to be employed during high volume horizontal | 17 | | hydraulic fracturing operations for the protection of | 18 | | persons on the site as well as the general public. Within | 19 | | 15 calendar days after submitting the permit application to | 20 | | the Department, the applicant must provide a copy of the | 21 | | plan to the county or counties in which hydraulic | 22 | | fracturing operations will occur. Within 5 calendar days of | 23 | | its receipt, the Department shall provide a copy of the | 24 | | well site safety plan to the Office of the State Fire | 25 | | Marshal;
| 26 | | (13) a containment plan describing the containment |
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| 1 | | practices and equipment to be used and the area of the well | 2 | | site where containment systems will be employed, and within | 3 | | 5 calendar days of its receipt, the Department shall | 4 | | provide a copy of the containment plan to the Office of the | 5 | | State Fire Marshal;
| 6 | | (14) a casing and cementing plan that describes the | 7 | | casing and cementing practices to be employed, including | 8 | | the size of each string of pipe, the starting point, and | 9 | | depth to which each string is to be set and the extent to | 10 | | which each string is to be cemented;
| 11 | | (15) a traffic management plan that identifies the | 12 | | anticipated roads, streets, and highways that will be used | 13 | | for access to and egress from the well site. The traffic | 14 | | management plan will include a point of contact to discuss | 15 | | issues related to traffic management. Within 15 calendar | 16 | | days after submitting the permit application to the | 17 | | Department, the applicant must provide a copy of the | 18 | | traffic management plan to the county or counties in which | 19 | | the well site is located, and within 5 calendar days of its | 20 | | receipt, the Department shall provide a copy of the traffic | 21 | | management plan to the Office of the State Fire Marshal;
| 22 | | (16) the names and addresses of all owners of any real | 23 | | property within 1,500 feet of the proposed well site, as | 24 | | disclosed by the records in the office of the recorder of | 25 | | the county or counties;
| 26 | | (17) drafts of the specific public notice and general |
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| 1 | | public notice as required by Section 1-40 of this Act;
| 2 | | (18) a statement that the well site at which the high | 3 | | volume horizontal hydraulic fracturing operation will be | 4 | | conducted will be restored in compliance with Section | 5 | | 240.1181 of Title 62 of the Illinois Administrative Code | 6 | | and Section 1-95 of this Act;
| 7 | | (19) proof of insurance to cover injuries, damages, or | 8 | | loss related to pollution in the amount of at least | 9 | | $5,000,000; and
| 10 | | (20) any other relevant information which the | 11 | | Department may, by rule, require.
| 12 | | (c) Where an application is made to conduct high volume | 13 | | horizontal fracturing operations at a well site located within | 14 | | the limits of any city, village, or incorporated town, the | 15 | | application shall state the name of the city, village, or | 16 | | incorporated town and be accompanied with a certified copy of | 17 | | the official consent for the hydraulic fracturing operations to | 18 | | occur from the municipal authorities where the well site is | 19 | | proposed to be located. No permit shall be issued unless | 20 | | consent is secured and filed with the permit application. In | 21 | | the event that an amended location is selected, the original | 22 | | permit shall not be valid unless a new certified consent is | 23 | | filed for the amended location.
| 24 | | (d) The hydraulic fracturing permit application shall be | 25 | | accompanied by a bond as required by subsection (a) of Section | 26 | | 1-65 of this Act.
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| 1 | | (e) Each application for a permit under this Act shall | 2 | | include payment of a non-refundable fee of $13,500. Of this | 3 | | fee, $11,000 shall be deposited into the Oil and Gas Resource | 4 | | Management Mines and Minerals Regulatory Fund for the | 5 | | Department to use to administer and enforce this Act and | 6 | | otherwise support the operations and programs of the Office of | 7 | | Oil and Gas Resource Management Office of Mines and Minerals . | 8 | | The remaining $2,500 shall be deposited into the Illinois Clean | 9 | | Water Fund for the Agency to use to carry out its functions | 10 | | under this Act. The Department shall not initiate its review of | 11 | | the permit application until the applicable fee under this | 12 | | subsection (e) has been submitted to and received by the | 13 | | Department.
| 14 | | (f) Each application submitted under this Act shall be | 15 | | signed, under the penalty of perjury, by the applicant or the | 16 | | applicant's designee who has been vested with the authority to | 17 | | act on behalf of the applicant and has direct knowledge of the | 18 | | information contained in the application and its attachments. | 19 | | Any person signing an application shall also sign an affidavit | 20 | | with the following certification:
| 21 | | "I certify, under penalty of perjury as provided by law | 22 | | and under penalty of refusal, suspension, or revocation of | 23 | | a high volume horizontal hydraulic fracturing permit, that | 24 | | this application and all attachments are true, accurate, | 25 | | and complete to the best of my knowledge.".
| 26 | | (g) The permit application shall be submitted to the |
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| 1 | | Department in both electronic and hard copy format. The | 2 | | electronic format shall be searchable.
| 3 | | (h) The application for a high volume horizontal hydraulic | 4 | | fracturing permit may be submitted as a combined permit | 5 | | application with the operator's application to drill on a form | 6 | | as the Department shall prescribe. The combined application | 7 | | must include the information required in this Section. If the | 8 | | operator elects to submit a combined permit application, | 9 | | information required by this Section that is duplicative of | 10 | | information required for an application to drill is only | 11 | | required to be provided once as part of the combined | 12 | | application. The submission of a combined permit application | 13 | | under this subsection shall not be interpreted to relieve the | 14 | | applicant or the Department from complying with the | 15 | | requirements of this Act or the Illinois Oil and Gas Act.
| 16 | | (i) Upon receipt of a permit application, the Department | 17 | | shall have no more than 60 calendar days from the date it | 18 | | receives the permit application to approve, with any conditions | 19 | | the Department may find necessary, or reject the application | 20 | | for the high volume horizontal hydraulic fracturing permit. The | 21 | | applicant may waive, in writing, the 60-day deadline upon its | 22 | | own initiative or in response to a request by the Department.
| 23 | | (j) If at any time during the review period the Department | 24 | | determines that the permit application is not complete under | 25 | | this Act, does not meet the requirements of this Section, or | 26 | | requires additional information, the Department shall notify |
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| 1 | | the applicant in writing of the application's deficiencies and | 2 | | allow the applicant to correct the deficiencies and provide the | 3 | | Department any information requested to complete the | 4 | | application. If the applicant fails to provide adequate | 5 | | supplemental information within the review period, the | 6 | | Department may reject the application.
| 7 | | (Source: P.A. 98-22, eff. 6-17-13; 98-756, eff. 7-16-14.) | 8 | | (225 ILCS 732/1-65)
| 9 | | Sec. 1-65. Hydraulic fracturing permit; bonds. | 10 | | (a) An applicant for a high volume horizontal hydraulic | 11 | | fracturing permit under this Act shall provide a bond, executed | 12 | | by a surety authorized to transact business in this State. The | 13 | | bond shall be in the amount of $50,000 per permit or a blanket | 14 | | bond of $500,000 for all permits. If the applicant is required | 15 | | to submit a bond to the Department under the Illinois Oil and | 16 | | Gas Act, the applicant's submission of a bond under this | 17 | | Section shall satisfy the bonding requirements provided for in | 18 | | the Illinois Oil and Gas Act. In lieu of a bond, the applicant | 19 | | may provide other collateral securities such as cash, | 20 | | certificates of deposit, or irrevocable letters of credit under | 21 | | the terms and conditions as the Department may provide by rule.
| 22 | | (b) The bond or other collateral securities shall remain in | 23 | | force until the well is plugged and abandoned. Upon abandoning | 24 | | a well to the satisfaction of the Department and in accordance | 25 | | with the Illinois Oil and Gas Act, the bond or other collateral |
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| 1 | | securities shall be promptly released by the Department. Upon | 2 | | the release by the Department of the bond or other collateral | 3 | | securities, any cash or collateral securities deposited shall | 4 | | be returned by the Department to the applicant who deposited | 5 | | it.
| 6 | | (c) If, after notice and hearing, the Department determines | 7 | | that any of the requirements of this Act or rules adopted under | 8 | | this Act or the orders of the Department have not been complied | 9 | | with within the time limit set by any notice of violation | 10 | | issued under this Act, the permittee's bond or other collateral | 11 | | securities shall be forfeited. Forfeiture under this | 12 | | subsection shall not limit any duty of the permittee to | 13 | | mitigate or remediate harms or foreclose enforcement by the | 14 | | Department or the Agency. In no way will payment under this | 15 | | bond exceed the aggregate penalty as specified.
| 16 | | (d) When any bond or other collateral security is forfeited | 17 | | under the provisions of this Act or rules adopted under this | 18 | | Act, the Department shall collect the forfeiture without delay. | 19 | | The surety shall have 30 days to submit payment for the bond | 20 | | after receipt of notice by the permittee of the forfeiture.
| 21 | | (e) All forfeitures shall be deposited in the Oil and Gas | 22 | | Resource Management Mines and Minerals Regulatory Fund to be | 23 | | used, as necessary, to mitigate or remediate violations of this | 24 | | Act or rules adopted under this Act.
| 25 | | (Source: P.A. 98-22, eff. 6-17-13.) |
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| 1 | | (225 ILCS 732/1-135)
| 2 | | Sec. 1-135. The Oil and Gas Resource Management Mines and | 3 | | Minerals Regulatory Fund. The Oil and Gas Resource Management | 4 | | Mines and Minerals Regulatory Fund is created as a special fund | 5 | | in the State treasury. All moneys required by this Act to be | 6 | | deposited into the Fund shall be used by the Department to | 7 | | administer and enforce this Act and otherwise support the | 8 | | operations and programs of the Office of Oil and Gas Resource | 9 | | Management Office of Mines and Minerals . Investment income that | 10 | | is attributable to the investment of moneys in the Fund shall | 11 | | be retained in the Fund for the uses specified in this Section.
| 12 | | (Source: P.A. 98-22, eff. 6-17-13.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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