Johnson County anti-fracking initiative fails

By Jamey Dunn

A ballot initiative to ban fracking in Johnson County was solidly defeated during last night’s primary vote.

After years of negotiation among interest groups and environmental organizations, Gov. Pat Quinn signed a law regulating high-volume hydraulic horizontal fracking in June. Hydraulic fracturing, also known as fracking, is a process used to extract oil and gas by pumping water, chemicals and sand into the ground. The water fractures a source rock, allowing gas or oil to escape and be collected. Sand is used to hold the cracks in the rock open. Chemicals are added to the water for a variety of reasons, such as disinfection, lubrication and making the water thicker to keep the sand from sinking. Nearly 200 leases have been signed by landowners in the sparsely populated county to allow companies to use fracking to extract oil and gas.

The new law sets statewide rules for the practice and does not allow for local bans. The Department of Natural Resources, which will regulate fracking, is currently working to establish rules that will determine the implementation of the new law. The nonbinding referendum in Johnson County, which is in southern Illinois, would not have had the legal power to keep fracking out of the community, but supporters had hoped that if the proposition passed, it would spur local officials into passing something known as a Community Bill of Rights. “It doesn’t do much good to just pass a ban because that’s not ever going to stand up in court,” said Annette McMichael, communications director with Southern Illinoisans Against Fracturing Our Environment (SAFE). “It [was] our hope that the commissioners [would] see that as a call of action to go ahead and develop a community bill of rights.”

The bill of rights is a tactic championed by the Community Environmental Legal Defense. The group argues that communities are having their rights to say no to potentially harmful practices in their area preempted by other levels of government. “To protect these rights, the Community Bills of Rights prohibit activities that would violate those rights, such as fracking and genetically modified seeds. Harmful corporate activities that directly impact a community are banned as community rights are elevated above corporate ‘rights,’” said the CELD’s website.

But voters rejected the concept. More than half of those that went to the polls in Johnson County said “no” to the question: “Shall the people’s right to local self-government be asserted by Johnson County to ban corporate fracking as a violation of their rights to health, safety and a clean environment?” The initiative failed with 2,223 opposed and 1,602 in favor. Many believe the question brought voters to the polls; turnout was just under half of registered voters, a high rate for a primary election.

Early polling indicated that there was widespread support for the initiative. It was placed on the ballot after backers collected 1,000 signatures. They needed fewer than 400. But local groups—including businesses, farmers, and organized labor—came together to oppose measure. The opposition raised about $20,000 to get its message out and had at least one county commission backing them. The group focused on the concern that a community bill of rights could be used to block other development in the county beyond fracking. “That says a lot about the concern that is within the community,” Mike McMahan, treasurer of Citizens Opposed to Johnson County Fracking Proposition, said to The Southern Illinoisan about the vote.

Those in support of the initiative said that the opposition clouded the issue by making it about something other than fracking, which they said was their only target. “I’m disappointed of course. The reason I’m in this is because this is my home,” local proponent Stephen Nichols told ABC News affiliate WSIl.

 “We were very pleased with the results in Johnson County last night,” said Mark Denzler, co-chair of industry group GROW-IL and chief operating officer of the Illinois Manufacturers’ Association. He said that he thinks the measure won out in part because the public learned about the regulations built into the new law, which supports call the strictest in the country, and the safety measures taken by the industry to avoid environmental calamities. The biggest concern that typically comes along with fracking is water pollution and the sheer volume of water the process requires. But the potential for air pollution and increased wear and tear on local infrastructure are also factors.

Denzler, who was part of the negotiations over the new law, said legislators opted to give the state control over fracking legislation to ensure that the rules are the same across the state. “It makes it difficult for any industry to do business on a county by county basis. ... Some of these leases might cross county lines, for example. You want to make sure that you have consistent regulations.” He said that while some residents may want to ban fracking, other counties might want to set very weak regulations in an effort to draw more development. Denzler said that a statewide standard ensures that all citizens are protected equally.

Those who are worried about the environmental impact fracking will have in southern Illinois say they will continue to push for stricter regulation through the IDNR and will continue efforts at public education about the possible risks. Nichols said he plans to keep trying to “convince people of the potential for problems with fracking before it gets here.”

IDNR accepting information from drilling companies interested in fracking

By Jamey Dunn

Drilling companies looking to start fracking operations in Illinois can begin registering with the Illinois Department of Natural Resources. But the department says there is still much to be done before it will begin to issue permits.

“We need to be very clear of where we are with the process,” said IDNR spokesman Chris McCloud. The new hydraulic fracturing regulations approved by lawmakers in the spring require drilling companies to register with the state. They must provide information about any previous environmental violations they may have and show proof that they have the proper insurance. However, IDNR does not yet have a timeline for issuing permits. The department is working on developing a draft of rules, which McCloud says could be completed by the end of the year. The rules will determine many aspects of implementation that are not included in the new law. After the draft rules are complete, there will be a public comment period. The Joint Committee on Administrative Rules (JCAR) will have to take up the final draft. Fracking, in which water mixed with sand and chemicals is pumped through a well into rock to extract oil or natural gas, will not be allowed until the department has a final set of rules in place.

So far, no companies have registered with the department. But representatives of the industry say they are glad to see the process moving forward. “We are very pleased the Department of Natural Resources is opening up the registration process,” Mark Denzler, co-chair of industry group GROW-IL and chief operating officer of the Illinois Manufacturers’ Association, said in a prepared statement. “Our coalition is excited progress is being made to realize the tremendous economic benefit of hydraulic fracturing here in Illinois. This law will create thousands of jobs, millions of dollars in revenue, while keeping our environment safe.”

McCloud says the department cannot yet predict when it will begin approving permits and allowing operations to begin. He said that before fracking begins, the department plans to hire up to 53 people and create a new section to specifically oversee oil and gas extraction. He said that once fracking is underway, citizens will be able to look up details, including the depths and locations of wells and background information on well operators, on a website that IDNR will create. “The public disclosure components to this ... are far and away more than any other regulatory process we have," he said.

But opponents of fracking say the process is anything but open. They say that while the department is working on the rules, it has not consulted any community groups that have lobbied to ban fracking in southern Illinois. “We have a right to know what’s going on,” said Annette McMichael, communications director for Southern Illinoisans Against Fracturing Our Environment. “It’s been very frustrating.” She says her group and others have had meetings with IDNR and presented a list of demands, including disclosure requirements and grounds for suspension of fracking permits, that they would like to see incorporated into the final rules. But McMichael said they do not know if the department is considering any of their suggestions. The group also is asking that JCAR hold several public hearings on the rules before they are approved.

“We have requested that they have three public hearings, including one in southern Illinois, one in central Illinois and one in Chicago. But we have no reason to believe that that request will be granted,” McMichael said. In the meantime, members of SAFE, a volunteer group that unsuccessfully pushed for a moratorium on fracking, are traveling throughout southern Illinois holding informational sessions for residents who have concerns about what fracking will mean for their region once wells are eventually up and running.

For more on the fracking process, see Illinois Issues May 2012.

For more on the politics of the battle over fracking, see Illinois Issues July/August 2013.

Senate approves fracking regulations

By Jamey Dunn

A bill to regulate horizontal fracturing is headed to Gov. Pat Quinn, who plans to sign the bill.

Hydraulic fracturing, also known as fracking, is a process used to extract oil and natural gas by pumping water, chemicals and sand into the ground. The water fractures a source rock, allowing gas or oil to escape and be collected. Sand is used to hold the cracks in the rock open. Chemicals are added to the water for a variety of reasons, such as disinfection, lubrication and making the water thicker to keep the sand from sinking.

Senate Bill 1715 would set standards for the construction of fracking wells, as well as for the storage and disposal of what is used in the process. If fracking chemicals are found in water, it would assumed that it was the fracking well operator's fault, and the operator would be required to prove otherwise.   It also sets fees for permits at $13,500 per well. The measure would set the tax on oil or gas extracted from fracking wells at 3 percent for the first two years of the life of a well and then on a sliding scale based on production.

Senate Bill 1715  has a broad coalition of supporters, including business groups, unions and some environmental organizations, which dubbed it the strictest fracking regulations in the nation. According to the Illinois Department of Natural Resources, permits the agency has reviewed indicate that fracking is already taking place in the state. Supporters also tout the economic development that fracking would bring to struggling southern Illinois economies. At present, the state does not have laws specifically regulating fracking. Democratic Sen. Michael Frerichs of Champaign told senators tonight that “the choice is between regulated responsible fracking” or the “wild West.”

But supporters of a moratorium say the state should slow down and wait on the results of some studies, that are under way. “There’s still a lot of questions out there that need to be asked. We’re talking about water contamination,” said Chicago Democratic Sen. Iris Martinez. “These studies are still pending out there. ... I’m just very scared about the environment. I am very worried about what these reports might have to say about what fracking has done in other states. I think we can wait a little bit when it comes to lives and our environment.”

Frerichs responded by saying that lawmakers must move to regulate fracking now. “It is not between a moratorium and fracking. Fracking has already come into the state.”

Fracking bill has a clear path to becoming law

By Jamey Dunn

The Illinois House today overwhelmingly approved regulations for horizontal fracturing, which supporters say will be the strictest in the nation.

Hydraulic fracturing, also known as fracking, is a process used to extract oil and natural gas by pumping water, chemicals and sand into the ground. The water fractures a source rock, allowing gas or oil to escape and be collected. Sand is used to hold the cracks in the rock open. Chemicals are added to the water for a variety of reasons, such as disinfection, lubrication and making the water thicker to keep the sand from sinking. “There are strong requirements and standards regarding water usage, regarding water disposal, regarding water containment,” said Marion Democratic Rep. John Bradley, who sponsors the bill. Senate Bill 1715 would create standards for drilling wells and requires water testing before and after fracking begins. If fracking chemicals are found in water, it would assumed that it was the well operator's fault, and the operator would be required to prove otherwise.

It also sets fees for permits at $13,500 per well. The measure would set the tax on oil or gas extracted from fracking wells at 3 percent for the first two years of the life of a well and then on a sliding scale based on production. Supporters say that fracking will be a boon for the state and struggling economies in southern Illinois. “When the coal mines closed, we lost tens of thousands of jobs downstate,” Bradley said.

The bill has a broad coalition of supporters, including business leaders and environmental groups. The environmental advocates who backed the bill said they would prefer a ban on fracking, but they said it is already happening in the state, and current law would not specifically regulate it. The Department of Natural Resources has reported that according to their permits, fracking is already taking place in Illinois. “While it will not make fracking safe, this is a critical step to make sure that Illinois has some protections to prevent environmental degradation,” said Democratic Rep. Sam Yingling of Round Lake Beach.

Some southern Illinois groups and environmental activist have been leading a loud push back against the bill. They were not involved in the negotiations, and members of those groups have been staging sit-ins this week outside Gov. Pat Quinn’s office, hoping to get a meeting with the governor, who supports the bill, and change his mind. Quinn’s staff met with some of those in opposition, but they did not have a sit down with the governor. Chicago Democratic Rep. Deborah Mell, who cast one of the nine votes against the bill, said she would like to see fracking put on hold for a few years so the results of some high-profile pending studies could come in before the state makes a decision on the issue. “I just hope that we’re not making a big mistake here. I just wish that we could kind of stop the clock a little bit.”

 Champaign Democratic Sen. Michael Frerichs, who sponsors SB 1715, said he expects it to pass in the Senate tomorrow. The Senate approved a fracking regulatory bill last year with no votes in opposition. Quinn plans to sign the bill. “Today’s passage of hydraulic fracturing legislation in the House brings good news for jobs, economic development and environmental protection in Illinois. This legislation will unlock the potential for thousands of jobs in southern Illinois, while ensuring that our state has the nation‘s strongest environmental protections in place for this industry,” Quinn said in a written statement. “Over the past year, we have brought together lawmakers, industry and labor leaders and environmental groups in a collaborative, bipartisan effort to develop the best possible legislation. This approach has not only worked but been praised as a national model for transparency, public participation, environmental safety and economic development.”

Fracking deal moves ahead in the House

By Jamey Dunn

Supporters of fracking regulation have reached an agreement in the House that is likely to sail past the vocal opposition from some community groups and environmentalists and reach the governor’s desk.

Senate Bill 1715 is the product of months of negotiations between lawmakers, industry representatives, unions, environmental groups and regulators. Backers call it the strictest regulations of horizontal hydraulic fracturing in the country.

Hydraulic fracturing, also known as fracking, is a process used to extract oil and gas by pumping water, chemicals and sand into the ground. The water fractures a source rock, allowing gas or oil to escape and be collected. Sand is used to hold the cracks in the rock open. Chemicals are added to the water for a variety of reasons, such as disinfection, lubrication and making the water thicker to keep the sand from sinking.

A House committee approved the legislation unanimously this morning. “I live in southern Illinois. I drink the water in southern Illinois. My children drink the water in southern Illinois. My neighbors drink the water in southern Illinois,” said sponsor Rep. John Bradley, a Marion Democrat. “Our first and foremost presumption, effort, intent in everything we did in every negotiation we had, was first and foremost, we’re going to protect the ground water in southern Illinois. Secondly, if we can do that, we are going to give this industry an opportunity to develop in a responsible matter and create jobs and economic development in the area.”

The bill would create standards for drilling wells and requires water testing before and after fracking begins. If fracking chemicals are found in water, it would assumed that it was the well operator's fault, and the operator would be required to prove otherwise. It also would assess fees to be paid by operators that would be used to fund oversight efforts.

Environmental groups who were in talks over the legislation said they would prefer a ban on fracking, but they say it is coming to the state, and it needs to be regulated. “The environmental community is not endorsing high-volume horizontal hydraulic fracturing, nor are we encouraging it in the state. This legislation does not open the gates for fracking to come into Illinois; the gates are already open. This new controversial technology is already permitted and may already be in use,” said Jennifer Walling, executive director of the Illinois Environmental Council. She said current mining and drilling regulations are not enough. “These protections are important, but they do not mean that we are confident that fracking can be done safely. Our support for these safeguards does not represent an endorsement of fracking. However, we believe that operators are seeking permits for fracking today, and it is essential for the legislature to pass tough restrictions before the end of session to protect our communities.”

But opponents accused such groups of being “complicit” in allowing fracking into the state. “When you look under fracking’s hood, you find terrifying problems because behind the hard sell and the soothing promise that you’ve heard here this morning. This contraption is unsafe at any speed,” Sandra Steingraber, a scholar in residence at Ithaca College in Ithaca, N.Y., told the committee. She urged lawmakers to follow New York’s lead and adopt a moratorium on fracking until the potential environmental and health impacts are studied. Steingraber lives on the East Coast now, but she grew up in Pekin, Ill. New York lawmakers have been weighing the issue for about four years. Gov. Andrew Cuomo has still not made a public decision on fracking but has instead called for further study.

 Business groups that support fracking say that it will bring much-needed jobs to southern Illinois “While this is not a perfect bill, this is a bill unique to the challenges of the state of Illinois and has some of the strongest environmental regulations in the nation,” said Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers Association. “We cannot let perfect get in the way of possible when we’re talking about creating tens of thousands of jobs and hundreds of millions of dollars in new revenue for state coffers.” But Steingraber said that without considering the potential costs of fracking to the health of residents and the environment, projections about the boost it might give to the economy or the state revenues are incomplete. “Shale gas extraction by fracking is an accident-prone, carcinogen-dependent enterprise. It turns communities into industrial zones, and until and unless you understand and quantify those costs, you cannot claim that fracking Illinois will provide economic benefits.”

The bill passed with no debate or questions from members of the committee. The vote was met with calls of “for shame” from opponents in attendance. Several community organizations from southern Illinois and throughout the state were in Springfield today to protest and lobby against the bill. But at this point, their efforts appear to be in vain. Barring any major developments, the bill is expected to pass in the House. Gov. Pat Quinn and Attorney General Lisa Madigan support the measure. House Speaker Michael Madigan said he supports a ban, but he also said he expects a regulation bill to pass before the spring legislative session is scheduled to adjourn at the end of the month.  Last year, the Senate passed less restrictive fracking legislation with no votes in opposition. 

For more on fracking, see Illinois Issues May 2012.

Deal reached on fracking fees

By Jamey Dunn

A day after House Speaker Michael Madigan said he supports a ban on hydraulic fracturing in Illinois, supporters of a bill to regulate it say they have reached a deal with the industry.

Rep. John Bradley, a Marion Democrat, said he expects a House committee to approve House Bill 2615 on Friday. (UPDATED: The Friday hearing on the bill was cancelled, and Bradley was excused from legislative session. The bill remains in committee.) “We’ve got a historic compromise here on the issue of horizontal high volume hydraulic fracturing, and we intend to move forward with that.”

Madigan told reporters yesterday that he supports a moratorium on the practice, commonly referred to as fracking. It is achieved by pumping water mixed with sand and chemicals through a well into rock that holds a carbon fuel, such as oil or natural gas. The sand holds the cracks open so the gas and/or oil can be extracted. Horizontal drilling allows gas and oil companies to drill down into the Earth and then permeate rock along a horizontal line, which is sometimes miles long. Industry experts say that it is likely both oil and gas will be extruded from fracking wells in southern Illinois, where drilling companies have spent about $150 million to lease mineral rights. “Until you really get down there and drill, you don’t know what’s going to come up,” said Mark Denzler, representing the Growing Resources and Opportunity for the Workforce in Illinois coalition, a business group supporting fracking in the state.

Each blue dot represents an oil and gas test drill. Data, which was obtained from the 
Prairie Research Center at the University of Illinois at Urbana-Champaign, 
was current as of Dec. 2012. Graphic by Andrew Thomason

Madigan referred to the fallout that fracking has caused in other states, particularly Pennsylvania, where methane leaked into drinking water wells. “Read about what happened in Pennsylvania,” he said. Methane is not toxic but is dangerous at certain levels because it is flammable. Negotiations over fracking regulations in Illinois have been going on for years. A regulatory framework in the Senate passed last year with no opposition. However, the plan fell apart in the closing days of the legislative session because a deal could not be reached over the fees and taxes that well operators would pay and last minute consideration of proposals to temporarily ban the process while a task force conducted research.

After Madigan’s talk to the press yesterday, industry representative met with Bradley and came to a deal on the taxes and fees. Denzler, who is also vice president and chief operating officer of the Illinois Manufacturers’ Association, said the state stands to gain an estimated $200,000 in revenue per well. He denies that industry concerns over Madigan’s statement pushed the negotiations. “I don’t think so. We’ve been negotiating on this for three years and focused on the revenue for about three weeks. So we were actually very close. We were close to an agreement before the comments yesterday, and we were hoping to get an agreement reached so the bill could move this week,” Denzler said. “I think we would have gotten the agreement yesterday regardless of comments that might have been made.” Operators would pay $13,500 in fees for each well. $11,000 would go to the Department of Natural Resources, which would oversee licensing, and $2,500 would to the Illinois Environmental Protection Agency.

Supporters say they do not expect the speaker’s stance to stop the bill from being approved in the House. “We feel really good about the package, and we’re moving it forward,” Bradley said.

“We feel pretty good about it,” Denzler said. “We think it’s a strong regulatory framework. It’s endorsed by the business community, the Farm Bureau, the major environmental interests in the state of Illinois. So we think it’s a good comprise. We have nearly 60 legislators who have signed on as [co-sponsors], so we feel pretty good about its chances.”

Environmental groups were encouraged by Madigan’s words. “We absolutely support the speaker’s call for a moratorium. ... That remains our first choice. That remains the safest thing for the state of Illinois to do, but if that doesn’t pass, we have to do whatever we can to protect ourselves,” said Jack Darin, director of the Illinois chapter of the Sierra Club. Darin and representatives of other environmental organizations have been criticized by some southern Illinois community groups for coming to the table over regulation instead of taking a hard line stance on a moratorium.
Darin said he takes Madigan’s statement at face value and does not see it as a strategic effort to push an agreement from the industry on takes and fees. “I do think that the speaker has been focused on this issue for over a year, and I do think the speaker understands the problems that have been created in other states. And we see that he’s been trying to get the strongest possible protections that we can. We worked with the speaker for the better part of 2012 to try to pass the moratorium. And if he supports the moratorium now, then we stand with him in trying to get that to happen.”

But Bradley said he does not expect that the bills calling for a two-year ban on fracking and a task force to study the issue will progress. They are currently assigned to the House Revenue and Finance Committee, where he serves as chairman. “If bill sponsors want to come to committees and call their bills [for hearings], they’re welcome to do that. It’s a democratic process. But I’m not expecting that to go anywhere.” Bradley was coy about his thoughts on the speaker’s intent or the possible effect the highly publicized statement had on negotiations yesterday. “Well, I’m just happy that we got something done and that we were able to resolve all the unfinished issues.”

Fracking opponents call for ban

By Jamey Dunn

A coalition of Illinois groups opposed to horizontal hydraulic fracturing is pushing for a ban on the practice in the state.

Hydraulic fracturing, which is commonly referred to as fracking, is achieved by pumping water mixed with sand and chemicals through a well into rock that holds a carbon fuel, such as oil or natural gas. The water creates pressure, which fractures the rock or opens up pre-existing cracks. The sand holds the cracks open so the gas and/or oil can be extracted. It has been done since the 1930s. But recently, fracking has been coupled with horizontal drilling, which allows gas and oil companies to drill down into the Earth and then permeate rock along a horizontal line, which is sometimes miles long. The marrying of the two technologies has allowed for projects that are much larger in scale. (For more on fracking, see Illinois Issues May 2012.)

Lawmakers, regulators and many environmentalists agree that it is coming to Illinois. Oil and gas companies and have spent hundreds of thousands of dollars leasing mineral rights in southern Illinois. House Bill 2615 seeks to regulate the practice and has a broad group of supporters.

“There’s kind of a gold rush mentality surrounding all of this isn’t there? But what happened after the gold rush? Ghost towns,” said Rich Whitney, who is on the legal committee for Southern Illinoisans Against Fracturing Our Environment (SAFE). A group of anti-fracking activists that rallied at the Capitol today say they reject the prevailing belief that fracking in Illinois is inevitable, and they are calling for a two-year moratorium on the practice. “Fracking is not inevitable, and it is offensive to suggest that is inevitable without hearing from the people first and hearing what their concerns are. They’re very legitimate concerns,” said Whitney. Senate Bill 1418 and HB 3086 both call for a two-year ban on fracking and the creation of a task force to study the issue.

Whitley, who ran as the Green Party candidate for governor in 2006 and 2010, took Gov. Pat Quinn to task for highlighting fracking in his budget address. "Hydraulic fracturing, commonly called fracking, is coming to Illinois, with the strongest environmental regulations in the nation,” Quinn said. “This legislation has the potential to create thousands of jobs in downstate Illinois. It will also ensure that our natural resources are protected for future generations.” Quinn encouraged lawmakers to approve HB 2615 this year.

“Gov. Quinn is wrong when he said. ...that this bill will be the strictest regulations in the country. No. New York has a moratorium. That’s the strictest regulation in the country. And what’s good enough for New York, we think is good enough for Illinois. We think that they had the wisdom. We need the wisdom,” Whitley said. Fracking opponents said that the process for appealing drilling permits in HB2615 would be overly burdensome on residents. They argue the Illinois Department of Natural Resources, which has seen deep cuts in recent years, is not prepared to properly regulate fracking. “Nobody listened to the people of southern Illinois” before HB2615 was introduced said Annette McMichael, a SAFE spokesperson. “I assure you southern Illinois was not represented in the closed door sessions [to negotiate the bill]. We are going to continue to educate our legislators that southern Illinois is not a playground for the oil and gas industry.”

Several environmental groups support HB 2615. However, the say they would also be open to a moratorium. Jack Darin, director of the Illinois chapter of the Sierra Club, said most groups just want to make sure that if fracking comes to Illinois, there is a regulatory plan in place. “In the environmental community, we have a lot of concerns about what fracking is going to bring to Illinois, and when we look at some of the controversies that have happened in other parts of the country, there’s a real need for us to prepare for that,” Darin said.

 However, Environment Illinois, which describes itself as a citizen-based environmental advocacy organization, has joined the call for a moratorium. Bruce Ratain, state policy associate for Environment Illinois, called fracking a “rolling environmental disaster” across the country. Ratain pointed to incidents that occurred in the last two months. A fracking well operator in Ohio was accused of illegally dumping thousands of gallons of chemical-laced wastewater and contaminating the Mahoning River. A broken well-head near the northern Colorado town of Windsor spilled an estimated 84,000 gallons of contaminated water. In a rural northeastern area of West Virginia, a worker was killed by an explosion on a drilling site. 

Lawmakers in support of HB 2615 say that potential environmental dangers are part of the reason they believe the bill is needed. “It does concern me — there’s no doubt about it — but now with these rules and regulations in this legislation,I think it’s going to help things. ... Some rules and regulations are better than none,” said Rep. Brandon Phelps, a Harrisburg Democrat. He said he does not think groups like the Sierra Club would support the bill if they thought it would be bad for his region of the state. “I just can’t for the life of me not vote for this knowing that there are companies that want to come to Illinois and spend millions of dollars, and in my area especially, where unemployment is high because we’ve had some layoffs in coal mines and things shut down, like the prisons. This is going to be a huge economic boon in my area.”

Plan to regulate fracking has broad support in the House

By Jamey Dunn

After a bipartisan bill to regulate hydraulic fracturing stalled last year, supporters think they have a better chance at success with a new plan.

Hydraulic fracturing, which is commonly referred to as fracking, is achieved by pumping water mixed with sand and chemicals through a well into rock that holds a carbon fuel, such as oil or natural gas. The water creates pressure, which fractures the rock or opens up pre-existing cracks. The sand holds the cracks open so the gas and/or oil can be extracted. It has been done since the 1930s. But recently, fracking has been coupled with horizontal drilling, which allows gas and oil companies to drill down into the earth and then permeate rock along a horizontal line, which is sometimes miles long. The marrying of the two technologies has allowed for projects that are much larger in scale.

The combined practice is not specifically regulated in Illinois, but many lawmakers, environmentalists and regulators agree it is coming to the state. Two Illinois rock formations, the New Albany Shale in the southeast and the Maquoketa Group Shale in the north, could potentially hold carbon fuels. Energy companies across the nation have spent hundreds of thousands of dollars to lease mineral rights for land above these formations, mainly in southern Illinois. “We don’t have regulations in the state of Illinois, we don’t have laws that will deal with horizontal fracking,” said Chicago Democratic Rep. Barbara Flynn Curry. She said that fracking could start in the state at any time without a bureaucratic system to regulate it or bar certain practices.

 House Bill 2615 has a broad coalition of supporters, including Republicans, Democrats, environmental groups, unions and representatives of the coal and natural gas industry. The bill would create a permitting and regulatory system for horizontal fracking. It would not apply to vertical fracking wells. The measure would:

• Set standards for the cement casings that are put into wells to prevent leakage of fracking fluid.
• Require water testing before and after hydraulic fracturing wells are constructed.
• Require disclosure of chemicals used in the process.
• Set standards for the disposal of water used for fracking.
• Prohibit hydraulic fracturing near certain sensitive sites and water sources, including schools, churches and health care facilities.

 If water pollution were detected near a fracking wells, it would be the owners’ responsibility to prove that it was not caused be the well. “We have crafted a piece of legislation, which first and foremost protects our water supply and the communities and families of southern Illinois but allows an industry to develop in a responsible manner for the creation of thousands of jobs and the potential for tens of millions of dollars of revenue for the state of Illinois,” said Marion Democratic Rep. John Bradley, who sponsors the bill.

Willow Hill Republican Rep. David Reis, who also sponsors the measure, said that fracking revenues could help bolster the state’s struggling budget. “This is historic from an economic standpoint. We know we have to put the safeguards in place, and we’ve done that with this [bill]. But the revenue that this is going to generate for the entire state of Illinois through income taxes and severance taxes — that we’re still going to negotiate — reoccurring sales taxes is going to be maybe one of the things we need to get out of our financial challenges that we face in this state.”

Environmental groups that worked on the bill say they do not support the practice, which has vocal detractors in other states that already have horizontal fracking operations, coming to the Illinois. “In the environmental community, we have a lot of concerns about what fracking is going to bring to Illinois, and when we look at some of the controversies that have happened in other parts of the country, there’s a real need for us to prepare for that,” said Jack Darin, director of the Illinois chapter of the Sierra Club. But they say fracking in Illinois may be inevitable, and they want to make sure that there are regulations in place when that day comes. “We understand that the industry is coming to Illinois ... and I think we all understand that our current set of rules and regulations and laws are not up to the task of looking at the potential impacts from this industry.”

But those who support a moratorium on fracking disagree. “Fracking is not inevitable,” said Liz Patula, coordinator of Southern Illinoisans Against Fracturing Our Environment (SAFE). Senate Bill 1418 calls for a ban on horizontal fracking and the creation of a task force to study the issue. Patula called the move a “common sense” approach. “The idea of just writing a regulatory bill out of fear, that doesn’t make any sense.”

Patula said SAFE has several concerns with the bill. “The idea that the bill is written on so-called best practices in other states — well, that hasn’t exactly worked in other states.” She said that any fracking regulation should allow for local controls, including local bans on fracking. SAFE plans to do a comprehensive analysis of the legislation in the coming weeks. Patula said there is also worry that the state lacks the funds and manpower to enforce the proposed regulations. The Department of Natural Resources would be responsible for much of the permitting process. The legislature recently passed a funding package for DNR, which included an increase to license plate fees, because the agency lacked the funds to keep up with maintenance of the state’s parks.

“Whatever is written, how could it possibly be enforced?” Patula asked. SB 2615 does not address the fees that would be paid by licensees. Bradley said the need for additional funding and manpower to regulate the new industry would be a consideration when negotiating such costs. “We’re going to have to figure out in the process of coming up with permits and applications. We’re going to have to make sure that they have sufficient funding in order to process the increased amount of work.”

 Bradley said he thinks horizontal fracking could start in Illinois by the end of the year. “The pressure is on for the state of Illinois." He said he hopes to move through the process soon and not wait until the end of the spring legislative session to get it passed.

Gov. Pat Quinn supports SB 2615. “Today’s proposal is good news for southern Illinois and our entire state’s economy. This legislation has the potential to bring thousands of jobs to southern Illinois, while also ensuring that Illinois has the nation’s strongest environmental protections,” Quinn said in a prepared statement. “I am committed to creating jobs and economic growth in every part of Illinois and always making sure our water and natural resources are protected for future generations.”