Bill > HB5370

This bill establishes a legal presumption of liability for contamination of groundwater caused by chemicals used in the hydraulic fracturing process, which is defined as injecting foam or fluid into a well under pressure to create fractures in a formation and enhance hydrocarbon production. Specifically, if groundwater near a well used for hydraulic fracturing is found to contain hazardous substances or a hydraulic fracturing fluid tracer, the person conducting the fracturing is presumed liable for the contamination unless they can prove otherwise. A hydraulic fracturing fluid tracer is defined as an element, compound, or isotope added to fracturing fluid to track groundwater flow and estimate travel time, provided it can be traced back to a specific person after use and the department has determined its use will not endanger public health, safety, welfare, or the environment. This new section is added to Michigan's Natural Resources and Environmental Protection Act.