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
Impact
The proposed legislation could significantly impact the way subsurface rights are understood and managed in Michigan. By clarifying ownership and the conditions under which pore space can be severed or conveyed, SB1133 intends to create a more structured environment for those interested in utilizing subsurface formations for storage purposes. It ensures that any existing or future agreements regarding pore space are honored while safeguarding the rights of surface owners and mineral rights holders. This could lead to increased activity in carbon sequestration initiatives, addressing both energy needs and environmental concerns.
Summary
Senate Bill 1133, which is referred to as the 'Subsurface Pore Space Act', establishes clear definitions and ownership rights concerning subsurface pore space within Michigan. The bill articulates the rights of property owners to the pore space beneath their land, stipulating that unless otherwise specified, ownership of the pore space is retained by the owner of the overlying surface. The legislation aims to facilitate the storage of carbon dioxide and other substances by defining and clarifying the legal status of pore space in subsurface geological formations. This clarity is intended to stimulate investment and development in carbon capture and storage technologies.
Contention
Despite these intentions, there may be points of contention regarding the implications of SB1133 on existing land rights and the common law surrounding mineral rights. Critics may argue that while the bill enhances clarity for future transactions, it could also complicate negotiations for landowners who may be uncertain about their rights regarding pore space in relation to mineral extraction. The bill also emphasizes that it does not diminish existing rights related to mineral estates, which may provoke debate among stakeholders about the balance between environmental goals and property rights.
Same As
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
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 1131'24, SB 1133'24
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.
Relating to the ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee.
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
Geologic storage, completion certificate and its implications, funds to manage open and closed reservoirs, pore space possession, leasing state land as these relate to carbon dioxide provided.
Geologic storage, completion certificate and its implications, funds to manage open and closed reservoirs, pore space possession, leasing state land as these relate to carbon dioxide provided.
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.