Bill Text: IL SB0630 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Public Utilities Act. Makes a technical change in a Section concerning consumer education.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB0630 Detail]
Download: Illinois-2013-SB0630-Amended.html
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1 | AMENDMENT TO SENATE BILL 630
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2 | AMENDMENT NO. ______. Amend Senate Bill 630 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Oil and Gas Act is amended by | ||||||
5 | adding Sections 29 and 30 as follows:
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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. |
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1 | (b) No person shall conduct horizontal hydraulic | ||||||
2 | fracturing operations in this State. It is the express purpose | ||||||
3 | of this Section and Section 30 of this Act, that a moratorium | ||||||
4 | on horizontal hydraulic fracturing operations in this State | ||||||
5 | shall continue until the General Assembly determines that | ||||||
6 | Illinois has implemented and has the ability to enforce rules | ||||||
7 | to protect the environment, public health, homes, and | ||||||
8 | livelihoods from the harms otherwise likely to be caused by | ||||||
9 | horizontal hydraulic fracturing. Any subsequent legislation | ||||||
10 | regarding horizontal hydraulic fracturing operations in this | ||||||
11 | State shall be
informed by the findings and recommendations of | ||||||
12 | the Hydraulic Fracturing Task Force under Section 30 of this | ||||||
13 | Act.
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14 | (225 ILCS 725/30 new) | ||||||
15 | Sec. 30. The Hydraulic Fracturing Task Force. | ||||||
16 | (a) There is hereby created the Hydraulic Fracturing Task | ||||||
17 | Force. | ||||||
18 | (b) The Task Force shall conduct a thorough, scientific, | ||||||
19 | and public investigation reviewing, assessing, and addressing | ||||||
20 | the potential dangers, environmental effects, and
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21 | socio-economic costs of hydraulic fracturing (including wear, | ||||||
22 | tear, and repair) to public health, private property, air
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23 | quality, and water availability including issues of supply | ||||||
24 | scarcity, water quality, public lands,
livestock, wildlife, | ||||||
25 | seismic vulnerability and preparedness, and public ways (such |
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1 | as roadways
and highways); to
assess the overall local and | ||||||
2 | regional potential economic gains, losses, or both; and to | ||||||
3 | consider issues
of community integrity, including issues of | ||||||
4 | self-determination. | ||||||
5 | (c) The Task Force shall perform a thorough review of all | ||||||
6 | relevant and
available scientific studies pertaining to | ||||||
7 | hydraulic fracturing throughout the United States, including | ||||||
8 | those
conducted by state governments, universities in the | ||||||
9 | United States and elsewhere, and
reputable environmental and | ||||||
10 | industry institutions. The Task Force shall also conduct a
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11 | significant review of all regulations of hydraulic fracturing | ||||||
12 | operations in all the states and in
known localities throughout | ||||||
13 | the United States. | ||||||
14 | (d) The Task Force shall gather information, review | ||||||
15 | studies, evaluate testimony, and consider
and summarize | ||||||
16 | written comments received, and shall make written findings and
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17 | recommendations regarding the economic and technological | ||||||
18 | feasibility and reasonableness of
conducting hydraulic | ||||||
19 | fracturing in this State, as well as the potential | ||||||
20 | environmental and health
impacts from this activity. | ||||||
21 | (e) The Task Force shall identify and recommend any areas | ||||||
22 | requiring further inquiry, study, or
investigation and shall | ||||||
23 | make recommendations, based on the evidence gathered, with | ||||||
24 | respect to any prospective horizontal hydraulic fracturing | ||||||
25 | operations in this State, consistent with the purpose set forth | ||||||
26 | in subsection (b) of Section 29 of this Act. |
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1 | (f) The Task Force shall gather information, including | ||||||
2 | through public comments and public
hearings, and shall, upon | ||||||
3 | gathering all information available, make written findings and
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4 | recommendations to the General Assembly and the Governor, | ||||||
5 | including, but not limited to,
investigation, findings, and | ||||||
6 | recommendations 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,
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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 |
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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
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24 | owners, including findings and recommendations for any | ||||||
25 | rules over these practices; | ||||||
26 | (11) identification and summarization of information |
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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 | ||||||
11 | the following members, with all appointments to the
Task Force | ||||||
12 | to be made within 30 days after the effective date of this | ||||||
13 | amendatory 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 |
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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 |
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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 | ||||||
25 | chairperson upon their first meeting, which
shall take place no | ||||||
26 | later than 90 days after the effective date of this amendatory |
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1 | Act of the 98th General Assembly. | ||||||
2 | (i) The Task Force shall conduct monthly or bi-monthly | ||||||
3 | meetings, conference calls, or both, and
shall conduct at least | ||||||
4 | 3 public hearings, which shall be held at geographically | ||||||
5 | convenient locations around the State, before filing its final | ||||||
6 | written findings and
recommendations in accordance with this | ||||||
7 | Section. These hearings shall be determined by the Task Force | ||||||
8 | on a schedule that is publicly announced in area newspapers, | ||||||
9 | State buildings, websites, and other media no less than 3 weeks | ||||||
10 | in advance of each hearing and in local newspapers no more than | ||||||
11 | 3 months in advance of any given hearing in that geographic | ||||||
12 | area. These hearings may be continued if all persons could not | ||||||
13 | be heard, and all hearings shall be completed at least 3 months | ||||||
14 | prior to the time for submission of the final written findings | ||||||
15 | and recommendations. | ||||||
16 | (j) At the public hearings, the Task Force shall allow | ||||||
17 | interested persons to present their views
and comments and to | ||||||
18 | present any written literature, statements, articles, or | ||||||
19 | comments.
Transcripts of all hearings shall be made available | ||||||
20 | to the Task Force and the public. Based on
attendance and time | ||||||
21 | frames, the Task Force may set limits for the time each speaker | ||||||
22 | may
comment, but in no event shall less than 5 minutes be | ||||||
23 | allowed per speaker and any speaker with
technical or | ||||||
24 | scientific credentials shall be given deference to testify at | ||||||
25 | least 15 minutes or more.
Equal time shall be given to all | ||||||
26 | expert presentations of evidence and concerns. |
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1 | (k) The members of the Task Force shall receive no | ||||||
2 | compensation for their services on the Task
Force, but shall be | ||||||
3 | reimbursed for any ordinary and necessary expenses incurred in | ||||||
4 | the
performance of their duties, including reimbursement for | ||||||
5 | mileage. The Task Force members may
divide responsibilities as | ||||||
6 | appropriate for the subject matter and as determined by | ||||||
7 | majority
vote of the Task Force or as given to the Chairman by | ||||||
8 | a majority vote of the members. However,
any member may | ||||||
9 | investigate or inquire as to any issue listed in subsection (f) | ||||||
10 | of this Section. | ||||||
11 | (l) The Department of Natural Resources and the Illinois | ||||||
12 | Environmental Protection Agency
shall each provide at least one | ||||||
13 | full-time person to provide administrative staff support to the | ||||||
14 | Task
Force, as needed. | ||||||
15 | (m) All documents gathered by the Task Force shall be a | ||||||
16 | public record and shall be made
available as conveniently as | ||||||
17 | possible for review by the public in as timely a manner as | ||||||
18 | practicable,
including making all information available in | ||||||
19 | electronic form, through a website, or both. | ||||||
20 | (n) The Task Force shall provide its written findings and | ||||||
21 | recommendations to the General
Assembly and the Governor no | ||||||
22 | later than 2 years after the effective date of this amendatory | ||||||
23 | Act of the 98th General Assembly. The
public record of | ||||||
24 | documents, comments, and transcripts shall also be made | ||||||
25 | available in electronic
form or on a website. Individual | ||||||
26 | members or any groups of members may file separate
findings and |
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1 | recommendations or dissents on particular issues, but | ||||||
2 | consensus of the entire Task Force
is encouraged and all | ||||||
3 | findings and recommendations by the entire Task Force shall be | ||||||
4 | identified in the
final written report. | ||||||
5 | (o) This Section 30 is repealed on December 31, 2015.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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