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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5853 Introduced 2/16/2012, by Rep. Dave Winters SYNOPSIS AS INTRODUCED:
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Amends the Illinois Oil and Gas Act. Creates a new provision concerning the extraction of hydrocarbons from shale using hydraulic fracturing. Provides the Department of Natural Resources shall, by rule, require an operator of a well on which a hydraulic fracturing treatment is performed to (i) complete specified forms that includes the total volume of water used and each chemical ingredient, subject to certain federal requirements, (ii) post the form on a specified website, (iii) submit the form to the Department, and (iv) provide the Department a list of all other chemical ingredients not previously listed. Provides that the Department, shall, by rule, require a service company that performs hydraulic fracturing treatments to (i) provide the operator of the well certain information, (ii) prescribe a process by which an entity may withhold and declare certain information as a trade secret but still comply with the disclosure requirements, (iii) require a person challenging a claim of entitlement to a trade secret to file the challenge by a specified date, (iv) limit the persons who may challenge a claim of entitlement to a trade secret, (vi) require, when a trade secret challenge occurs, that the Department promptly notify the service company performing the hydraulic fracturing treatment on the relevant well, and (v) prescribe a process, consistent with federal rules, that permits a health professional or emergency responder to obtain trade secret information. Provides that the protection and challenge of trade secrets under the provision is also governed by the State's Freedom of Information Act.
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| | A BILL FOR |
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| | HB5853 | | LRB097 18781 CEL 64017 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Oil and Gas Act is amended by |
5 | | adding Section 6.8 as follows:
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6 | | (225 ILCS 725/6.8 new) |
7 | | Sec. 6.8. Extraction of hydrocarbons from shale using |
8 | | hydraulic fracturing. |
9 | | (a) The Department, by rule, shall: |
10 | | (1) require an operator of a well on which a hydraulic |
11 | | fracturing treatment is performed to: |
12 | | (A) complete the form posted on the hydraulic |
13 | | fracturing chemical registry Internet website of the |
14 | | Ground Water Protection Council and the Interstate Oil |
15 | | and Gas Compact Commission with regard to the well; |
16 | | (B) include in the form completed under |
17 | | subparagraph (A): |
18 | | (i) the total volume of water used in the |
19 | | hydraulic fracturing treatment; and |
20 | | (ii) each chemical ingredient that is subject |
21 | | to the requirements of 29 C.F.R. 1910.1200(g)(2), |
22 | | as provided by a service company, chemical |
23 | | supplier, or by the operator, if the operator |