Bill Text: MI HB5370 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Natural resources; gas and oil; presumption of liability for contamination of groundwater caused by chemicals used in hydraulic fracturing process; establish. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 20126b.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2016-02-17 - Bill Electronically Reproduced 02/16/2016 [HB5370 Detail]

Download: Michigan-2015-HB5370-Introduced.html

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HOUSE BILL No. 5370

February 16, 2016, Introduced by Reps. Plawecki, Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Chang, Townsend, Moss, Pagan, Schor, Geiss, LaVoy, Singh, Wittenberg, Hoadley and Zemke and referred to the Committee on Energy Policy.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 20126b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20126b. (1) If groundwater in the vicinity of a well used

 

for hydraulic fracturing is determined to contain either or both of

 

the following that were injected into that well while conducting

 

hydraulic fracturing, there is a rebuttable presumption that the

 

person conducting the hydraulic fracturing is liable under section

 

20126 for the contamination present in the groundwater:

 

     (a) One or more hazardous substances.

 

     (b) A hydraulic fracturing fluid tracer.

 

     (2) As used in this section:

 

     (a) "Hydraulic fracturing" means injecting foam or fluid in a

well under pressure to create fractures in a formation and thereby

 

enhance production of hydrocarbons.

 

     (b) "Hydraulic fracturing fluid tracer" means an element,

 

compound, or isotope that is added to hydraulic fracturing fluid to

 

delineate groundwater flow paths and estimate time of travel, and

 

that meets both of the following requirements:

 

     (i) The tracer substance is traceable to a specific person

 

after the tracer substance is used in a hydraulic fracturing

 

operation.

 

     (ii) The department has determined that the use of the tracer

 

substance in a hydraulic fracturing operation will not endanger

 

public health, safety, or welfare or the environment.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.