Bill Text: IL SB3280 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Oil and Gas Act. Provides that the Director of Natural Resources shall adopt rules that require, prior to such hydraulic fracturing, the owner or operator to perform a suitable mechanical integrity test of the casing or of the casing-tubing annulus or other mechanical integrity test methods using procedures that are established by administrative rule. Provides that each owner or operator that begins extracting natural gas from shale shall report to the Department specified information within 30 days after the completion of all stages of the hydraulic fracturing stimulation. Requires that the owner or operator shall post the chemical disclosure information on certain specified websites. Provides that the owner or operator shall provide information to the Director as to the amounts, handling, and, if necessary, disposal at an identified appropriate disposal facility, or reuse of the well stimulation fluid load recovered during flow back, swabbing, or recovery from production facility vessels. Provides that the storage of the well stimulation fluid load shall be protective of an underground source of drinking water by the use of either tanks or lined pits. Provides that nothing in the provision shall be construed to require or allow disclosure of trade secrets or commercial information that is exempt from inspection or copying when provided to the Department together with a claim made pursuant to the Freedom of Information Act that such information is proprietary, privileged, or confidential and that disclosure may cause competitive harm to the person or business. Provides that the provision only applies to the extraction of natural gas from shale.

Spectrum: Partisan Bill (Democrat 43-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3280 Detail]

Download: Illinois-2011-SB3280-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Oil and Gas Act is amended by
adding Section 6.8 as follows:
(225 ILCS 725/6.8 new)
Sec. 6.8. Extraction of hydrocarbons from shale using
hydraulic fracturing.
(a) The Department, by rule, shall:
(1) require an operator of a well on which a hydraulic
fracturing treatment is performed to:
(A) complete the form posted on the hydraulic
fracturing chemical registry Internet website of the
Ground Water Protection Council and the Interstate Oil
and Gas Compact Commission with regard to the well;
(B) include in the form completed under
subparagraph (A):
(i) the total volume of water used in the
hydraulic fracturing treatment; and
(ii) each chemical ingredient that is subject
to the requirements of 29 C.F.R. 1910.1200(g)(2),
as provided by a service company, chemical
supplier, or by the operator, if the operator

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provides its own chemical ingredients;
(C) post the completed form described by
subparagraph (A) on the website described by that
subparagraph or, if the website is discontinued or
permanently inoperable, post the completed form on
another publicly accessible Internet website specified
by the Department;
(D) submit the completed form described by
subparagraph (A) to the Department with the well
completion report for the well; and
(E) in addition to the completed form specified in
subparagraph (D), provide to the Department a list, to
be made available on the Internet website of the Ground
Water Protection Council and the Interstate Oil and Gas
Compact Commission or, if necessary, another publicly
accessible website, of all other chemical ingredients
not listed on the completed form that were
intentionally included and used for the purpose of
creating a hydraulic fracturing treatment for the
well; the Department, by rule, shall ensure that an
operator, service company, or supplier is not
responsible for disclosing ingredients that:
(i) were not purposely added to the hydraulic
fracturing treatment;
(ii) occur incidentally or are otherwise
unintentionally present in the treatment; or

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(iii) in the case of the operator, are not
disclosed to the operator by a service company or
supplier; the rule shall not require that the
ingredients be identified based on the additive in
which they are found or that the concentration of
such ingredients be provided;
(2) require a service company that performs a hydraulic
fracturing treatment on a well or a supplier of an additive
used in a hydraulic fracturing treatment on a well to
provide the operator of the well with the information
necessary for the operator to comply with paragraph (1);
(3) prescribe a process by which an entity required to
comply with paragraph (1) or (2) may withhold and declare
certain information as a trade secret, including, but not
limited to, the Chemical Abstract Service Number and amount
of the chemical ingredient used in a hydraulic fracturing
treatment;
(4) require a person who desires to challenge a claim
of entitlement to trade secret protection under paragraph
(3) to file the challenge not later than the second
anniversary of the date the relevant well completion report
is filed with the Department;
(5) limit the persons who may challenge a claim of
entitlement to trade secret protection under paragraph (3)
to:
(A) a surface fee title owner or his or her

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agricultural farm tenant who has been directly and
substantially affected or aggrieved by the hydraulic
fracturing treatment; or
(B) a department or agency of this State with
jurisdiction over a matter to which the claimed trade
secret is relevant;
(6) require, in the event of a trade secret challenge,
that the Department promptly notify the service company
performing the hydraulic fracturing treatment on the
relevant well, the supplier of the additive or chemical
ingredient for which the trade secret claim is made, or any
other owner of the trade secret being challenged and
provide the owner an opportunity to substantiate its trade
secret claim;
(7) prescribe a process, consistent with 29 C.F.R.
1910.1200, for an entity described by paragraph (1) or (2)
to provide information, including information that is a
trade secret as defined by Appendix D to 29 C.F.R.
1910.1200, to a health professional or emergency responder
who needs the information in accordance with subsection (i)
of that section of 29 C.F.R. 1910.1200;
(8) require, prior to such hydraulic fracturing, the
owner or operator to perform a suitable mechanical
integrity test of the casing or of the casing-tubing
annulus or other mechanical integrity test methods using
procedures that are established by administrative rule;

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and
(9) require, during the well stimulation operation,
that the owner or operator monitor and record the annulus
pressure using procedures that are established by
administrative rule.
(b) The protection and challenge of trade secrets under
this Section is governed by subsection (g) of Section 7 of the
Freedom of Information Act.
(c) The owner or operator shall provide information to the
Department as to the amounts, handling, and, if necessary,
disposal at an identified appropriate disposal facility, or
reuse of the well stimulation fluid load recovered during flow
back, swabbing, or recovery from production facility vessels.
Storage of the well stimulation fluid load shall be protective
of an underground source of drinking water by the use of either
tanks or lined pits.
(d) This Section applies only to the extraction of
hydrocarbons from shale.
(e) The Department shall adopt any other rules necessary to
regulate hydraulic fracturing and corollary issues related to
hydraulic fracturing.