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 approved "as to form" on April 14, 2015. (See status of the ballot initiative on the Michigan Secretary of State's website).
An initiation of legislation to prohibit the use of horizontal hydraulic fracturing or “fracking” and acid completion treatments of horizontal gas and oil wells; to prohibit emission, production, storage, disposal, and processing of frack and acidizing wastes created by gas and oil well operations; to eliminate the state’s policy favoring ultimate recovery of maximum production of oil and gas; to protect water resources, land, air, climate, and public health; and to allow residents to enforce the provisions of this ballot language, by amending Public Act 451 of 1994 entitled "Natural Resources and Environmental Protection Act," by amending section 61502 and by adding sections 61528, 61529 and 61530 to read as follows:
The People of the State of Michigan enact:
MCL 324.61502 Construction of part.
SEC. 61502. It has long been the declared policy of this state to foster conservation of natural resources AND TO PROVIDE FOR THE PROTECTION OF THE AIR, WATER, AND OTHER NATURAL RESOURCES FROM POLLUTION, IMPAIRMENT, AND DESTRUCTION. 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 BEEN EXTRACTED USING WELLS THROUGH WHICH OIL OR GAS FLOWED NATURALLY OR WAS PUMPED TO THE SURFACE. THE RECENT USES OF HIGH INTENSITY HORIZONTAL HYDRAULIC FRACTURING AND ACID WELL STIMULATION AND COMPLETION TREATMENTS ARE DIFFERENT AND TYPICALLY INCLUDE INJECTIONS OF LARGE AMOUNTS OF WATER, SOLVENTS, ACIDS, AND OTHER CHEMICALS TO FRACTURE OR DISSOLVE UNDERGROUND FORMATIONS HORIZONTALLY, THE CONSEQUENCES OF WHICH POLLUTE, IMPAIR, AND DESTROY OUR WATER RESOURCES, LAND, AIR, CLIMATE, AND PUBLIC HEALTH. 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 THE EXPLORATION OF OIL AND GAS SHALL NOT BE DONE AT THE EXPENSE OF THE NATURAL ENVIRONMENT AND HUMAN HEALTH. 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 PEOPLE AND ENVIRONMENT DURING GAS AND OIL DEVELOPMENT. 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 WATER RESOURCES, LAND, AIR, CLIMATE, HUMAN HEALTH, AND THE NATURAL ENVIRONMENT.
MCL 324.61528 HORIZONTAL HYDRAULIC FRACTURING OR FRACKING; ACID WELL STIMULATION TREATMENTS FOR HORIZONTAL WELLBORES; WASTES CREATED OR PRODUCED BY CERTAIN WELLS AND STIMULATION TREATMENTS; PROHBITED.
SEC. 61528. (1) TO ENSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE PEOPLE AND TO PROTECT WATER RESOURCES, LAND, AIR, AND CLIMATE, NO PERSON, CORPORATION, OR OTHER ENTITY SHALL USE, NOR SHALL THE DEPARTMENT PERMIT (A) HORIZONTAL HYDRAULIC FRACTURING OR FRACKING; OR (B) ACID WELL STIMULATION TREATMENTS OF HORIZONTAL WELLBORES; NOR SHALL A PERSON, CORPORATION, OR OTHER ENTITY EMIT, STORE, PROCESS, OR OTHERWISE DISPOSE OF, FRACK AND ACIDIZING WASTES USED IN OR PRODUCED AS A RESULT OF DRILLING, STIMULATION, COMPLETION, OR PRODUCTION OF WELLS USING HORIZONTAL HYDRAULIC FRACTURING OR ACID WELL STIMULATION TREATMENT, INCLUDING WASTES ORIGINATING FROM INSIDE OR OUTSIDE OF THE STATE.
(A) “HORIZONTAL HYDRAULIC FRACTURING OR FRACKING” 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.
(B) “ACID WELL STIMULATION TREATMENT” MEANS THE TECHNIQUE OF APPLYING ONE OR MORE ACIDS TO THE WELL OR UNDERGROUND FORMATION FOR THE PURPOSES OF EXPLORATION, DRILLING, COMPLETION, OR PRODUCTION OF OIL OR NATURAL GAS. THESE TECHNIQUES INCLUDE ACID MATRIX STIMULATION TREATMENTS AND ACID FRACTURING TREATMENTS.
(C) “FRACK AND ACIDIZING WASTES” MEANS SUBSTANCES AND WASTES USED IN OR PRODUCED AS A RESULT OF DRILLING, STIMULATION, COMPLETION, OR PRODUCTION OF OIL OR GAS WELLS USING HORIZONTAL HYDRAULIC FRACTURING OR ACID WELL STIMULATION TREATMENT, INCLUDING WASTES ORIGINATING FROM INSIDE OR OUTSIDE OF THE STATE, AND INCLUDES ANY OF THE FOLLOWING:
(i) FLUIDS OR SUBSTANCES CONSISTING OF, BUT NOT LIMITED TO, WATER, CHEMICALS, ACIDS, SOLVENTS, PROPPANTS, AND ADDITIVES THAT MAKE UP FRACTURING OR ACIDIZING TREATMENTS.
(ii) BRINES, FLOWBACK, PRODUCED WATER, RESIDUAL FLUIDS, DRILLING MUDS, SLUDGE, AND DRILL CUTTINGS.
(iii) CHEMICALS EMITTED INTO THE AIR.
MCL 324.61529 SEVERABILITY.
SEC. 61529. THE PROVISIONS OF THIS PART ARE SEVERABLE. IF ANY COURT DECIDES THAT ANY SECTION, SUBSECTION, CLAUSE, SENTENCE, PORTION, OR PROVISION OF THIS PART IS ILLEGAL, INVALID, OR UNCONSTITUTIONAL, SUCH DECISION SHALL NOT AFFECT, IMPAIR, OR INVALIDATE ANY OF THE REMAINING SECTIONS, SUBSECTIONS, CLAUSES, SENTENCES, PORTIONS, OR PROVISIONS. THE PEOPLE OF MICHIGAN INTEND FOR ANY PART OF SECTIONS 61502, 61528, 61529 AND 61530 TO REMAIN IN EFFECT DESPITE ANY POSSIBLE INVALIDATION BY SUCH DECISIONS.
MCL 324.61530 CITIZEN STANDING PROVISION.
SEC. 61530. ANY MICHIGAN RESIDENT MAY ENFORCE SECTIONS 61502 AND 61528 THROUGH AN ACTION BROUGHT IN ANY COURT POSSESSING JURISDICTION OVER THE LAND WHERE ANY ALLEGED VIOLATING ACTIVITY OCCURS. IN SUCH AN ACTION, THE RESIDENT IS ENTITLED TO RECOVER ALL COSTS OF LITIGATION, INCLUDING, WITHOUT LIMITATION, EXPERT AND ATTORNEY'S FEES. THESE COSTS OR FEES WILL NOT BE AWARDED AGAINST THE RESIDENT.