SB3328sam001 98TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 3/21/2014

09800SB3328sam001 LRB098 19587 MGM 56530 a

AMENDMENT TO SENATE BILL 3328

AMENDMENT NO. ______. Amend Senate Bill 3328 by replacing everything after the enacting clause with the following:

"Section 5. The Hydraulic Fracturing Regulatory Act is amended by adding Section 1-137 as follows:

(225 ILCS 732/1-137 new)

Sec. 1-137. Mahomet Aquifer Task Force.

(a) The Department shall, on the effective date of this amendatory Act of the 98th General Assembly, suspend acceptance or approval of any and all new permits for high volume horizontal fracturing operations or horizontal drilling with fracturing operations and suspend any Departmental approval of disposal or burial of solid or liquid waste from oil, liquid natural gas, or natural gas drilling, fracturing, and recovery operations, including, but not limited to, coal bed methane toxins, fracturing chemicals, and other hydrocarbon products and byproducts, in Class II injection wells, in landfills, or on private lands in any and all of the geographic areas of the counties of Cass, Champaign, DeWitt, Ford, Iroquois, Logan, Macon, Mason, McLean, Menard, Piatt, Tazewell, Vermilion, and Woodford, and any other geographic area determined to be situated over, or on top of, or located above the Mahomet aquifer in this State, including a one-mile setback from the entire perimeter of the aquifer.

(b) The Department shall work with the Illinois State Geological Survey, the Illinois State Water Survey, and the Mahomet Aquifer Consortium to determine the exact map locations of all areas in this State that are situated over, on top of, or located above the Mahomet aquifer, and over or located within the Sangamon River watershed, including a one-mile setback from the entire perimeter of the aquifer.

(c) There is hereby created a Mahomet Aquifer Task Force. The Mahomet Aquifer Task Force shall consist of the following members:

(1) one member appointed by the Director of the Illinois State Water Survey;

(2) one member appointed by the Director of Natural Resources;

(3) one member appointed by the Director of the Groundwater Advisory Council established under the Illinois Groundwater Protection Act;

(4) one member appointed by the Director of the Illinois Environmental Protection Agency;

(5) one member appointed by the Illinois Groundwater Association;

(6) one member appointed by the East Central Illinois Regional Water Supply Planning Committee; and

(7) three members appointed by the Mahomet Aquifer Consortium.

The chairperson of the Mahomet Aquifer Task Force shall be the member appointed by the Illinois State Water Survey.

(d) The Task Force shall:

(1) meet once a month, either in person or through video conferencing or other technology via the Internet;

(2) operate without pay, but with all expenses paid for the functioning of the Task Force to be allocated by the Illinois State Water Survey;

(3) provide a fully researched report, based on a review of published literature on effects of high volume horizontal fracturing operations or horizontal drilling with fracturing operations on other aquifers and watersheds as described in subsection (f) of this Section; and

(4) fully investigate any and all adverse effects of high volume hydraulic fracturing operations or horizontal drilling with fracturing operations with regard to:

(A) oil and natural gas wells, Class II injection wells, industry infrastructure and pipelines, disposal or burial of solid or liquid waste from oil, liquid natural gas, or natural gas drilling, fracturing, and recovery operations, including, but not limited to, coal bed methane toxins, fracturing chemicals, and other hydrocarbon products and byproducts, in Class II injection wells, in landfills, or on private lands, and the potential risks to the Mahomet aquifer and Sangamon River watershed;

(B) the environmental and public health effects on the Mahomet aquifer and Sangamon River watershed of spillage, leakage, fires, or blowouts of oil and natural gas, its containment, processing infrastructure, and transportation infrastructure;

(C) the environmental and public health effects on the Mahomet aquifer and Sangamon River watershed of spillage or leakage from open fracturing waste pits;

(D) the environmental damage and public health effects on the Mahomet aquifer and Sangamon River watershed of spillage, leakage, fires, or blowouts of hydraulic fracturing or fracturing fluids, chemicals, proppants, and byproducts, its containment, processing infrastructure, and transportation infrastructure; and

(E) the environmental damage and effects to water availability when drilling operators take water from the aquifer and Sangamon River watershed during a drought and during dry periods, as well as the overall removal of water on a continuous basis from the aquifer or watershed.

(e) The Mahomet Aquifer Task Force shall write a report to be submitted to the General Assembly, the Governor, the Hydraulic Fracturing Task Force, the Illinois Emergency Management Agency, the Department of Natural Resources, the Groundwater Advisory Council established under the Illinois Groundwater Protection Act, the Illinois Environmental Protection Agency, the Illinois Groundwater Association, the East Central Illinois Regional Water Supply Planning Committee, the Mahomet Aquifer Consortium, the Department of Public Health, the Illinois State Water Survey, and to the public via the website of the Illinois State Water Survey and the website of the Department of Natural Resources, outlining its findings on the effects of high volume hydraulic fracturing operations or horizontal drilling with fracturing operations on the water resources drawn from and supplied by the Mahomet Aquifer and Sangamon River watershed, which shall include recommendations and conclusions about:

(1) the risks of drilling and extracting oil and natural gas in the aquifer or watershed region;

(2) the risks of drilling and operating Class II injection wells in the aquifer or watershed region and the disposal or burial of solid or liquid waste from oil, liquid natural gas, or natural gas drilling, fracturing, and recovery operations, including, but not limited to, coal bed methane toxins, fracturing chemicals, and other hydrocarbon products and byproducts, in Class II injection wells, in landfills, or on private lands;

(3) the use of fracturing waste or wastewater open pits in the aquifer or watershed region;

(4) the risks of spillage and leakage resulting in water contamination from oil and natural gas wells in the aquifer or watershed region;

(5) bonding requirements for oil and natural gas operations and infrastructure in the aquifer or watershed region;

(6) insurance requirements for oil and natural gas operations and infrastructure in aquifer or watershed region;

(7) best practices for the oil and natural gas industry in the aquifer or watershed region; and

(8) any and all recommendations related to maintaining the viability of the aquifer and Sangamon River watershed, and the ability of the aquifer and Sangamon River watershed to supply a safe water supply as related to the oil and natural gas industry and their operations.

(f) The report shall include recommendations to the General Assembly and the Governor for legislation to protect the Mahomet aquifer and the Sangamon River watershed, from any adverse effects of blowouts, spillage, leakage, and damages associated with oil and natural gas wells, drilling, Class II injection wells, waste and wastewater containment, pipelines, infrastructure, chemicals, proppants, and byproducts, and the disposal or burial of solid or liquid waste from oil, liquid natural gas, or natural gas drilling, fracturing, and recovery operations, including, but not limited to, coal bed methane toxins, fracturing chemicals, and other hydrocarbon products and byproducts, in Class II injection wells, in landfills, or on private lands.

(g) The Mahomet Aquifer Task Force shall submit its report on or before January 1, 2016. The Mahomet Aquifer Task Force is disbanded on July 1, 2016. ".