Synopsis As Introduced Amends the Weights and Measures Act. Provides that weights and measures or weighing and measuring devices used for commercial or law enforcement purposes must have a Certificate of Conformance or have been certified by the Department or the city sealer on or before July 1, 2012. Provides that any apparatus certified by the Department or city sealer as of July 1, 2012 satisfies construction and installation requirements. Provides that the Department shall furnish an identification plate for registration and tracking purposes for any type of weight or measure or weighing or measuring device is impracticable to mark as required by the Act. Effective immediately.
Replaces everything after the enacting clause. Creates the Illinois Hydraulic Fracturing Regulatory Act. Prohibits high volume horizontal hydraulic fracturing operations performed without a permit. Regulates where high volume horizontal hydraulic fracturing operations are proposed, planned, or occurring may be located. Provides requirements for permit applications, modification, suspension, and revocation of permits, insurance, well construction and drilling, disclosures, water quality monitoring, investigation and enforcement, violations and penalties, and administrative review. Authorizes the Department of Natural Resources to adopt rules as may be necessary to accomplish the purposes of this Act. Amends the State Finance Act. Creates the Mines and Minerals Regulatory Fund. Provides that the Department shall, with the assistance of the Illinois State Geological Survey, submit a report to the General Assembly and Governor and include any recommendations for additional legislative or administrative action on the location of resources of shale gas and oil, conventional gas and oil, and process materials, including sand and other naturally occurring geologic materials used in high volume horizontal hydraulic fracturing operations and the potential impacts of high volume horizontal hydraulic fracturing operations. Creates the Illinois Hydraulic Fracturing Tax Act. Provides that, for oil and gas removed on or after July 1, 2013, there is hereby imposed a tax upon the severance and production of oil or gas from a well on a production unit in this State permitted, or required to be permitted, under the Illinois Hydraulic Fracturing Regulatory Act, for sale, transport, storage, profit, or commercial use. Provides that the Illinois Department of Revenue may determine the value of products severed from a production unit when the operator and purchaser are affiliated persons, when the sale and purchase of products is not an arm's length transaction, or when products are severed and removed from a production unit and a value is not established for such products. Establishes requirements for the payment and collection of the tax, withholding of tax, registration of purchasers of oil and gas, and inspection of records by the Department. Provides a local workforce tax rate reduction for working interest owners under specified conditions. Authorizes the Department to adopt any rules as may be necessary to administer and enforce the provisions of this Act. Provides that, within 60 calendar days after the conclusion of hydraulic fracturing operations, the operator of a well shall file a hydraulic fracturing operations completion report with the Department. Creates the Task Force on Hydraulic Fracturing Regulation. Effective immediately.
Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department.
Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
This bill does not pre-empt home rule authority.
State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
This bill does not create a State mandate.
Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
No land conveyances are included in this bill; therefore, there are no appraisals to be filed.
State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
SB 1715 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.
Fiscal Note, House Committee Amendment No. 1 (Dept. of Natural Resources)
The fiscal impact of SB 1715 (H-AM 1) on the Department of Natural Resources will be $7,779,601 annually. Per the legislation, the Department is the chief State agency charged with regulating high volume horizontal hydraulic fracturing operations and ensuring compliance with the Hydraulic Fracturing Regulatory Act. The legislation provides for a permit application fee of $11,000 which will ensure cost recovery for the Department’s expenses related to its regulatory, enforcement, and compliance operations.
Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.