HOUSE BILL No. 5974

 

 

October 19, 2016, Introduced by Reps. Irwin and Sarah Roberts 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 61506h.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 61506h. (1) Subject to subsection (2) and section 61506g,

 

a person shall not operate an oil or gas well except in conjunction

 

with a methane control or capture system capable of reducing

 

fugitive methane emissions by 99%. This subsection does not apply

 

to a well that consists only of a wellhead.

 

     (2) Subsection (1) applies beginning on the date rules are

 

promulgated under subsection (5). However, if a permit was issued

 

for an oil or gas well under section 61525 before the date rules

 

are promulgated under subsection (5), subsection (1) applies to

 

that well beginning on a date determined by rules promulgated under

 

subsection (5)(b).


     (3) An operator that violates subsection (1) shall be ordered

 

to pay a civil fine of $100,000.00. This subsection does not apply

 

if a methane control or capture system malfunctions and the

 

operator promptly repairs the system.

 

     (4) If an operator fails to install and utilize a methane

 

control or capture system within 180 days after the time required

 

by this section or rules promulgated under this section, the

 

supervisor shall revoke the operator's permit for the well.

 

     (5) Within 180 days after the effective date of this section,

 

the supervisor shall promulgate rules to implement this section. At

 

a minimum, the rules shall address all of the following:

 

     (a) The specific types of methane capture and control systems

 

that may be used to comply with this section.

 

     (b) A schedule for the operator of an oil or gas well for

 

which a permit was issued before the date rules are promulgated

 

under this section to comply with this section.

 

     (c) Procedures and schedules for inspections by the supervisor

 

to verify compliance with this section.

 

     (d) Procedures for operators to report compliance with this

 

section.

 

     (e) Procedures for maintenance and performance testing of a

 

methane control or capture system.

 

     (f) Requirements regarding the prompt repair of a

 

malfunctioning methane control or capture system.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect


unless Senate Bill No.____ or House Bill No.____ (request no.

 

04796'15) of the 98th Legislature is enacted into law.