Illinois General Assembly - Full Text of HB3086
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Full Text of HB3086  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Deborah Mell


225 ILCS 725/30 new
225 ILCS 725/35 new

     Amends the Illinois Oil and Gas Act. Provides that no person shall conduct high volume horizontal hydraulic fracturing operations without express legislative authorization, which shall not be granted until after receipt of the findings and recommendations of the Hydraulic Fracturing Task Force. Creates the Hydraulic Fracturing Task Force. Provides that the purpose of the Task Force is to conduct a thorough review of the regulation of hydraulic fracturing operations in Illinois and to gather information, review, evaluate, and make recommendations regarding the regulation of hydraulic fracturing operations in Illinois. Sets forth the membership of the task force. Provides that the Task Force shall provide its findings and recommendations to the General Assembly within 2 years after the effective date of the amendatory Act. Repeals the provisions creating the Task Force on July 1, 2016. Effective immediately.

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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Oil and Gas Act is amended by
5adding Sections 30 and 35 as follows:
6    (225 ILCS 725/30 new)
7    Sec. 30. Hydraulic fracturing moratorium.
8    (a) No person shall conduct high volume horizontal
9hydraulic fracturing operations in Illinois without express
10legislative authorization. Any express authorization shall not
11be granted until after receipt of the written findings and
12recommendations of the Hydraulic Fracturing Task Force set
13forth in Section 35 of this Act. Any passage of subsequent
14legislation shall be informed by the express findings and
15recommendations of the Hydraulic Fracturing Task Force.
16    (b) As used in this Section:
17        "High volume horizontal hydraulic fracturing
18    operations" means any and all procedures used and any and
19    all states of the treatment or operation of any and all
20    horizontal wells by the pressurized application of more
21    than 80,000 gallons of water or mixtures of water, sand,
22    and chemicals, or any combination thereof, or use of more
23    than 80,000 gallons of hydraulic fracturing fluid per



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1    treatment stage to initiate or propagate fractures,
2    fissures, or other openings in shale to enhance the
3    extraction or production of oil or gas.
4        "Horizontal well" means a well with a wellbore drilled
5    laterally at an angle of at least 80 degrees to the
6    vertical and with a horizontal projection exceeding 100
7    feet measured from the initial point of penetration into
8    the productive formation through the terminus of the
9    lateral in the same common source of hydrocarbon supply.
10        "Hydraulic fracturing fluid" means the fluid,
11    including the applicable base fluid and all hydraulic
12    fracturing additives, steam, hot water, sand, or any other
13    substance used to perform high volume hydraulic
14    fracturing.
15        "Shale" means a fine-grained sedimentary rock formed
16    by the consolidation of clay, silt, or mud that is
17    representative of, but not limited to, the New Albany Shale
18    and Maquoketa Shale groups as defined in the Illinois
19    Bulletin 95 Handbook of Stratigraphy.
20    (225 ILCS 725/35 new)
21    Sec. 35. The Hydraulic Fracturing Task Force.
22    (a) There is hereby created the Hydraulic Fracturing Task
24    (b) The purpose of the Task Force is to conduct a thorough,
25scientific, and public investigation reviewing, assessing, and



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1addressing the potential dangers, potential environmental
2effects, and the potential socio-economic costs of hydraulic
3fracturing to public health, private property, air quality, and
4water availability including issues of supply scarcity, water
5quality, public lands, livestock, wildlife, seismic
6vulnerability and preparedness, and public commons (such as
7roadways and highways, including wear, tear, and repair of
8increased traffic patterns and congestion); to assess the
9overall local and regional potential economic gains, losses, or
10both; and to consider issues of community integrity, including
11issues of self-determination.
12    (c) The Task Force is also charged with performing a
13thorough review of all relevant and available scientific
14studies pertaining to hydraulic fracturing throughout the
15United States, including those conducted by State governments,
16universities in the United States and elsewhere, and reputable
17environmental and industry institutions. The Task Force shall
18also conduct a significant review of all regulations of
19hydraulic fracturing operations in all the states and in known
20localities throughout the United States.
21    (d) The Task Force shall gather information, review
22studies, evaluate testimony, and consider and summarize
23written comments received, and shall make written findings and
24recommendations regarding the economic and technological
25feasibility and reasonableness of conducting hydraulic
26fracturing in Illinois, as well as the potential environmental



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1and health impacts from such activities.
2    (e) The Task Force shall identify and recommend any areas
3requiring further inquiry, study, or investigation and shall
4make recommendations, based on the evidence gathered, to
5propose (i) other moratoria on hydraulic fracturing or a
6continuation of the moratorium set forth under Section 30, (ii)
7an outright ban on such activity, or (iii) potential
8regulations or areas of regulation, with recommendations for
9any operations of hydraulic fracturing in Illinois.
10    (f) The Task Force shall gather information, including
11through public comments and public hearings, and shall, upon
12gathering all information available, make written findings and
13recommendations to the General Assembly and the Governor,
14including, but not limited to, investigation, findings, and
15recommendations concerning the following areas or issues:
16        (1) the protection of the State's water resources,
17    including the identification of potential contaminants,
18    potential sources of environmental contamination,
19    potential for migration of contaminants to surface and
20    ground water resources, expected rate of water usage and
21    its impact on aquifers, private wells, and public sources
22    of drinking water, and potential health risks from any
23    identified risks of contamination of water resources;
24        (2) potential impacts to agriculture, tourism, and
25    other industries, such as the wine producing industry;
26        (3) potential impacts to wildlife and natural



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1    resources;
2        (4) potential chemicals used in hydraulic fracturing
3    fluid and the safety and health implications of use of such
4    chemicals and the potential use of inert tracer chemicals
5    to identify fracking fluid that has migrated;
6        (5) potential air emissions, including identifying
7    potential air pollutants, point and nonpoint sources of
8    releases of contaminants to the air, and recommended
9    controls, monitoring, and regulation for such potential
10    emissions;
11        (6) potential areas of regulation, including
12    recommendations as to proper equipment standards,
13    operating practices, set back requirements, environmental
14    monitoring and sampling, the handling, storage, and
15    disposal of hydraulic fracturing fluid, flowback, and any
16    and all waste water and solid waste, including whether any
17    such waste should be classified as hazardous waste or
18    radioactive waste, and any potential regulatory provisions
19    required to protect water and air resources and public and
20    private interests;
21        (7) identification of all risks, including effects on
22    seismic activities and recommendations regarding the same;
23        (8) potential permitting requirements for hydraulic
24    fracturing;
25        (9) potential concerns regarding the safeguarding of
26    proprietary information, including trade secret and



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1    business confidential information, that may be required to
2    be provided to government regulators and emergency
3    responders;
4        (10) the practices of persons, sometimes referred to as
5    landmen, in the leasing, buying, or both of oil rights, gas
6    rights, mineral rights, subsurface rights, or a
7    combination thereof, and establishing surface rights from
8    owners of surface land, including findings and
9    recommendations for any regulations regarding subsurface
10    rights and regarding leasing and buying practices; and
11        (11) identification and summarization of information
12    gathered at public hearings and in written comments from
13    interested persons regarding proposed hydraulic fracturing
14    operations in Illinois.
15    (g) The Fracking Task Force shall consist of the following
16members, with all appointments to the Task Force to be made
17within 30 days after the effective date of this Section:
18        (1) one member appointed by the Speaker of the House;
19        (2) one member appointed by the House Minority Leader;
20        (3) one member appointed by the President of the
21    Senate;
22        (4) one member appointed by the Senate Minority Leader;
23        (5) one member appointed by the Office of the Attorney
24    General;
25        (6) one member appointed by the Director of Natural
26    Resources;



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1        (7) one member appointed by the Director of the
2    Illinois Environmental Protection Agency;
3        (8) two persons representing environmental interests
4    appointed by the Governor, including one lawyer;
5        (9) two persons representing oil and gas interests
6    appointed by the Governor, including one lawyer;
7        (10) one person representing agricultural interests
8    from the Illinois Farm Bureau appointed by the Governor;
9        (11) one person representing public water supplies
10    appointed by the Governor;
11        (12) one person appointed by the Director of the
12    Illinois Emergency Management Agency;
13        (13) one person appointed by the United States
14    Department of Agriculture Natural Resource Conservation
15    Service, preferably a resident of a County where New Albany
16    Shale is present;
17        (14) one person appointed by the Illinois Department of
18    Agriculture who holds a position as State Conservationist
19    in an Illinois County where New Albany Shale is present;
20        (15) one member appointed by the Governor from the
21    Illinois State Geological Survey;
22        (16) one person appointed by the Governor from the
23    Southern Illinois Farming Network;
24        (17) one member appointed by the Director of Insurance;
25        (18) one member appointed by the Director of the
26    Illinois Office of Tourism;



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1        (19) one member appointed by the Governor representing
2    an environmental group working for the conservation of the
3    Shawnee National Forest;
4        (20) one member appointed by the Pollution Control
5    Board;
6        (21) one member appointed by the Governor from the
7    Illinois Rural Water Association;
8        (22) one member appointed by the Governor from the
9    Illinois Association of Groundwater Professionals or from
10    a similar organization;
11        (23) one member appointed by the Governor from the
12    Illinois Department of Public Health;
13        (24) one member appointed by the Governor from the
14    Illinois Municipal League; and
15        (25) two members appointed by the Governor from the
16    Illinois Counties Association, Illinois Association of
17    County Board Members and Commissioners, Illinois
18    Association of County Officials, or the United Counties
19    Council of Illinois.
20    (h) The members of the Task Force shall designate a
21chairperson upon their first meeting, which shall take place no
22later than 90 days after the effective date of this Section.
23    (i) The Task Force shall conduct monthly or bi-monthly
24meetings, conference calls, or both, and shall conduct at least
253 public hearings before filing its final written findings and
26recommendations in accordance with this Section.



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1    (j) At the public hearings, the Task Force shall allow
2interested persons to present their views and comments and to
3present any written literature, statements, articles, or
4comments. Transcripts of all hearings shall be made available
5to the Task Force and the public. Based on attendance and time
6frames, the Task Force may set limits for the time each speaker
7may comment, but in no event shall less than 5 minutes be
8allowed per speaker and any speaker with technical or
9scientific credentials shall be given deference to testify at
10least 15 minutes or more. Equal time shall be given to all
11expert presentations of evidence and concerns.
12    (k) The Task Force shall hold no fewer than 3, nor greater
13than 5, public hearings, which shall be held at geographically
14convenient locations around the State. These hearings shall be
15determined by the Task Force on a schedule that is publicly
16announced in area newspapers, State buildings, websites, and
17other media no less than 3 weeks in advance of each hearing and
18in local newspapers no more than 3 months in advance of any
19given hearing in that geographic area. These hearings may be
20continued if all persons could not be heard, and all hearings
21shall be completed at least 3 months prior to the time for
22submission of the final written findings and recommendations.
23    (l) The members of the Task Force shall receive no
24compensation for their services on the Task Force, but shall be
25reimbursed for any ordinary and necessary expenses incurred in
26the performance of their duties, including reimbursement for



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1mileage. The Task Force members may divide responsibilities as
2appropriate for the subject matter and as determined by any
3majority vote of the group or as given to the Chairman from a
4majority vote of the members. However, any member may
5investigate or inquire as to any issue listed in subsection (f)
6of this Section.
7    (m) The Department of Natural Resources and the Illinois
8Environmental Protection Agency shall each provide at least one
9full-time person to provide administrative staff support to the
10Task Force, as needed.
11    (n) All documents gathered by the Task Force shall be made
12public record and shall be made available as conveniently as
13possible for review by the public in as timely a manner as
14practicable, including making all information available in
15electronic form, through a website, or both.
16    (o) The Task Force shall provide its written findings and
17recommendations to the General Assembly and the Governor no
18later than 2 years after the effective date of this amendatory
19Act of the 98th General Assembly. The public record of
20documents, comments, and transcripts shall also be made
21available in electronic form or on a website. Individual
22members or any groups of members may file separate findings and
23recommendations or dissents on particular issues, but
24consensus of the entire group is encouraged and all findings
25and recommendations by the entire group shall be identified in
26the final written report.



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1    (p) This Section is repealed on July 1, 2016.
2    Section 99. Effective date. This Act takes effect upon
3becoming law.