Natural resources: gas and oil; ownership and conveyance rights associated with pore space; establish. Creates new act. TIE BAR WITH: SB 395'25
Impact
The legislation is significant as it addresses the legal framework surrounding subterranean real estate, particularly in relation to emerging technologies and practices in carbon storage. It aims to offer a clear understanding of surface property rights and subsurface rights, thereby potentially encouraging investment in carbon capture and storage technologies. Moreover, by affirming the dominance of mineral rights and the surface owner's rights to fluids and gases, the act aims to balance various interests in mineral exploration and production.
Summary
Senate Bill 394, titled the 'Subsurface Pore Space Act', aims to clarify the ownership and conveyance rights associated with subsurface pore space beneath real property in the state of Michigan. This bill establishes that the ownership of pore space is vested in the owner of the overlying surface estate unless it has been explicitly severed. It allows for the separate sale, purchase, and lease of pore space, facilitating its future use for the storage of carbon dioxide and other substances.
Sentiment
Debate around SB 394 has been notably divided among stakeholders. Proponents argue that it will support environmental initiatives related to carbon capture, as well as provide clarity and enhance property rights for landowners. Conversely, opponents express concerns about the implications for existing rights and the ability of surface owners to use their land effectively, fearing that severing pore space from surface property could lead to negative legal repercussions for landowners who wish to utilize their property in traditional ways.
Contention
Among the notable points of contention in the discussions on SB 394 is the concern that the act could complicate existing mineral rights laws and create disputes between landowners. Lawmakers have pointed out that while the act seeks to clarify pore space ownership, it must also ensure that existing rights retained by mineral estate owners and surface owners are not adversely affected. Stakeholders are particularly attentive to how this bill aligns with other legislative measures being discussed, as it has been tied to additional bills that may shape its implementation.
Same As
Natural resources: gas and oil; definitions in the crude oil and petroleum act; update. Amends sec. 1 of 1929 PA 16 (MCL 483.1). TIE BAR WITH: SB 394'25
Natural resources: gas and oil; ownership and conveyance rights associated with pore space; establish. Creates new act. TIE BAR WITH: SB 1131'24, SB 1132'24
Environmental protection: air pollution; regulation of carbon sequestration; provide for. Amends sec. 1301 of 1994 PA 451 (MCL 324.1301) & adds subch. 6 to ch. 3, art. III. TIE BAR WITH: SB 1132'24, SB 1133'24
Natural resources: gas and oil; definitions in the crude oil and petroleum act; update. Amends sec. 1 of 1929 PA 16 (MCL 483.1). TIE BAR WITH: SB 1131'24, SB 1133'24
Environmental protection: other; citations to the motor vehicle sales finance act in the natural resources and environmental protection act; revise. Amends sec. 20101 of 1994 PA 451 (MCL 324.20101). TIE BAR WITH: HB 5354'23
Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 4526'23, HB 4527'23
Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 6111'24, HB 6109'24
Natural resources: gas and oil; certain references in the oil and gas mining statute; make gender neutral. Amends sec. 4 of 1941 PA 178 (MCL 319.104). TIE BAR WITH: HJR F'23
Natural resources: gas and oil; ownership and conveyance rights associated with pore space; establish. Creates new act. TIE BAR WITH: SB 1131'24, SB 1132'24
Providing for the injection of carbon dioxide into an underground reservoir for the purpose of carbon sequestration, for the ownership of pore space in strata below surface lands and waters of the Commonwealth, for conveyance of the surface ownership of real property; imposing duties on the Department of Environmental Protection and the Environmental Hearing Board; and establishing the Carbon Dioxide Storage Facility Fund.