Bill Text: IL SB3534 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3534 Detail]

Download: Illinois-2011-SB3534-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3534 Introduced 2/8/2012, by Sen. John O. Jones SYNOPSIS AS INTRODUCED:
225 ILCS 725/6.8 new
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.
LRB097 18783 CEL 64019 b
A BILL FOR
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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 identity 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) the landowner on whose property the relevant
well is located;

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(B) a landowner who owns property adjacent to
property described by subparagraph (A); or
(C) 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; and
(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.
(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) This Section applies only to the extraction of
hydrocarbons from shale.