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.