February 16, 2016, Introduced by Reps. Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Chang, Greig, Plawecki, Townsend, Moss, Faris, Pagan, Love, Wittenberg, Hoadley, Geiss 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 61505b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 61505b. (1) Subject to subsection (2), the department
shall not issue a permit or approve the modification of a permit
under this part that allows high-volume hydraulic fracturing.
(2) It is the intent of the legislature to enact legislation
to repeal the moratorium on high-volume hydraulic fracturing under
subsection (1) after legislation has been enacted and appropriate
rules have been promulgated that provide for all of the following:
(a) Modifications to the water withdrawal assessment tool
under part 327 to do all of the following:
(i) Take into consideration impacts from cumulative water
withdrawals.
(ii) Accurately assess the impacts of high-volume, short-
duration water withdrawals associated with high-volume hydraulic
fracturing.
(iii) Take into consideration impacts to rivers, streams,
ponds, lakes, and wetlands.
(b) The repeal of the exemption for oil and gas operations in
section 32727.
(c) A requirement that the applicant provide full and complete
disclosure of chemicals or additives used in fracturing fluids
before the department issues a permit authorizing high-volume
hydraulic fracturing.
(d) Increased public participation, including both of the
following:
(i) Public notice to all cities, villages, townships, and
counties of an application for a permit or modification of a permit
under this part that allows high-volume hydraulic fracturing in
that county, city, village, or township.
(ii) A requirement that the department conduct a public
hearing on a permit at the request of a person that may be
adversely impacted by a hydraulic fracturing operation or the
county, city, village, or township in which the proposed hydraulic
fracturing operation is located.
(e) A requirement that a well pad used for hydraulic
fracturing shall be located at least 5,000 feet away from a
residential building, a public or private school, a child care
facility, a hospital, or a public park or playground.
(3) As used in this section:
(a) "High-volume hydraulic fracturing" means hydraulic
fracturing that is intended to use a total of 100,000 gallons or
more of hydraulic fracturing fluid.
(b) "Hydraulic fracturing" means injecting substances
including, but not limited to, water, fluids, chemicals, foam, and
proppants in a well or in a rock formation under high pressure to
create fractures, for purposes of exploration, drilling,
completion, or production of oil, natural gas, or hydrocarbons or
to enhance the production of oil, natural gas, or hydrocarbons.
(c) "Hydraulic fracturing fluids" means a fluid at a well site
that is prepared for injection into a well to achieve a hydraulic
fracturing operation, including primary carrier fluids and
additives.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.