HOUSE BILL No. 5389

February 18, 2016, Introduced by Rep. Lucido and referred to the Committee on Energy Policy.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 61506b (MCL 324.61506b), as added by 1998 PA

 

303.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 61506b. (1) Except as provided in subsections (2) and

 

(3), beginning on the effective date of this section, the

 

supervisor shall not issue a permit for or authorize the drilling

 

of an oil or gas well if both of the following apply:

 

     (a) The well is in a county with a population of 750,000 or

 

more unless all of the following conditions are met:

 

     (a) The proposed well will be located within 450 at least

 

1,320 feet of from a residential building.


     (b) The residential building is located in a city or township

 

with a population of 70,000 or more.

 

     (b) The location of the proposed well and the operation of the

 

proposed well will be in compliance with applicable local

 

ordinances.

 

     (c) The department has held a public hearing in the city,

 

village, or township in which the proposed well is located and has

 

considered the public input from that public hearing.

 

     (2) The supervisor may grant a waiver from the requirement of

 

subsection (1)(a) if the clerk of the city, village, or township in

 

which the proposed well is located has been notified of the

 

application for a permit for the proposed well and if either of the

 

following conditions is met:

 

     (a) The owner or owners of all residential buildings located

 

within 450 1,320 feet of the proposed well give written consent.

 

     (b) The supervisor determines, pursuant to a public hearing

 

held before the waiver is granted, that the proposed well location

 

will not cause waste and there is no reasonable alternative for the

 

location of the well that will allow the oil and gas rights holder

 

to develop the oil and gas.

 

     (3) Subsection (1) does not apply to a well utilized for the

 

injection, withdrawal, and observation of the storage of natural

 

gas pursuant to this part.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.