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Below is the language of the proposal, which appears on the back of our committee's official printed petitions. The Michigan Board of State Canvassers approves petitions only "as to form" specifying the formatting of the petition and other boilerplate language, and has no jurisdiction over the proposed legislative proposal wording itself. The petition containing this language was submitted on March 5 and approved "as to form" on April 17, 2013. We sought a second approval on this petition to clarify language in section 61523(1) below. The petition format approval is still valid throughout the qualifying period that ends in May 2014. (See status of the ballot initiative on the Michigan Secretary of State's website).

INITIATION OF LEGISLATION

FULL TEXT OF THE LEGISLATIVE PROPOSAL (Language added to the statute is shown in capital letters and deleted language is struck out with a line):

An initiation of Legislation to prohibit the use of horizontal hydraulic fracturing and production, storage, disposal, and processing of horizontal hydraulic fracturing wastes in Michigan; to eliminate the state’s policy favoring ultimate recovery of maximum production of oil and gas; and to protect public health, land, water, and air by amending Public Act 451 of 1994 entitled "Natural Resources and Environmental Protection Act," by amending sections 61502 and 61504 and by adding section 61528 to read as follows:

The People of the State of Michigan enact:

MCL 324.61502 Construction of part

It has long been the declared policy of this state to foster conservation of natural resources so that our citizens may continue to enjoy the fruits and profits of those resources. Failure to adopt such a policy in the pioneer days of the state permitted the unwarranted slaughter and removal of magnificent timber abounding in the state, which resulted in an immeasurable loss and waste. In an effort to replace some of this loss, millions of dollars have been spent in reforestation, which could have been saved had the original timber been removed under proper conditions. In past years extensive deposits of oil and gas have been discovered that have added greatly to the natural wealth of the state and if properly conserved can bring added prosperity for many years in the future to our farmers and landowners, as well as to those engaged in the exploration and development of this great natural resource. The interests of the people demand that exploitation and waste of oil and gas be prevented so that the history of the loss of timber may not be repeated. It is accordingly the declared policy of the state to protect the interests of its citizens and landowners from unwarranted waste of gas and oil. and to foster the development of the industry along the most favorable conditions and with a view to the ultimate recovery of the maximum production of these natural products. To that end, this THIS part is to be construed liberally to give effect to sound policies of conservation and the prevention of waste and exploitation, AND TO PROTECT HUMAN HEALTH AND WATER.

MCL 324.61504 Waste prohibited

A person shall not commit waste in the exploration for or in the development, DRILLING, COMPLETION, production, handling, or use of oil or gas, or in the handling of any product of oil or gas.

MCL 324.61528 HORIZONTAL HYDRAULIC FRACTURING PROHIBITED

(1) TO ENSURE THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PEOPLE AND TO PROTECT PLANTS, ANIMALS, AIR, LAND, AND WATER, NO PERSON, CORPORATION OR OTHER ENTITY SHALL USE, NOR SHALL THE DEPARTMENT PERMIT THE USE OF, HORIZONTAL HYDRAULIC FRACTURING IN THE STATE, NOR SHALL A PERSON, CORPORATION, OR OTHER ENTITY STORE, DISPOSE, OR PROCESS IN THE STATE, WASTES USED OR PRODUCED IN HORIZONTAL HYDRAULIC FRACTURING.

(2) “HORIZONTAL HYDRAULIC FRACTURING” AS USED IN THIS PART MEANS THE TECHNIQUE OF EXPANDING OR CREATING ROCK FRACTURES LEADING FROM SUBSTANTIALLY HORIZONTAL WELLBORES, BY INJECTING SUBSTANCES INCLUDING BUT NOT LIMITED TO WATER, FLUIDS, CHEMICALS, AND PROPPANTS, UNDER PRESSURE, INTO OR UNDER ROCK FORMATIONS, FOR PURPOSES OF EXPLORATION, DRILLING, COMPLETION, OR PRODUCTION OF OIL OR NATURAL GAS.

(3) “HORIZONTAL HYDRAULIC FRACTURING WASTE” AS USED IN THIS PART MEANS ANY OF THE FOLLOWING IN REGARD TO HORIZONTAL HYDRAULIC FRACTURING:

(a) INJECTION OF FRACTURING FLUIDS CONSISTING OF, BUT NOT LIMITED TO, WATER, CHEMICALS, PROPPANTS, AND ADDITIVES USED FOR HORIZONTAL HYDRAULIC FRACTURING.

(b) PRODUCTION OF BRINES, FLOWBACK, PRODUCED WATER, RESIDUAL FLUIDS, OR DRILL CUTTINGS THAT RETURN TO THE SURFACE IN THE HORIZONTAL DRILLING AND HYDRAULIC FRACTURING PROCESS.


© 2013 Committee to Ban Fracking in Michigan. Paid for with regulated funds by the Committee to Ban Fracking in Michigan, P.O. Box 490, Charlevoix, Michigan 49720

Contact us at info@letsbanfracking.org