Policy & RESEARCH

Capitol Ideas

CSG Knowledge Center

Research Services

MLC Policy Resolutions

Stateline Midwest

States Perform

policy

Bills introduced and passed in Midwestern states in 2012 on hydraulic fracturing (as of April 2012)

State
Bill
Details
Status
Illinois
establish new requirements of owners/operators: mechanical integrity tests of casing, disclosure of chemicals used, proper storage and handling of well stimulation fluid, among other provisions
voted down by committee
prohibit fracking in designated state areas
not passed out of committee
establish new reporting requirements (volume of water and chemicals used) with provisions to protect trade secrets
not passed out of committee
establish new reporting requirements (volume of water and chemicals used) with provisions to protect trade secrets; require owners/operators to conduct mechanical integrity tests of casing
passed by Senate in April
Indiana
require new rules for reporting and disclosure of hydraulic fracturing treatments, including volume of fluids and description of additive products used
signed into law
require owners/operators to get environmental compliance plan approved by state; plan must include well depth, list of chemicals to be used and waste generated, and analysis of impact on surrounding water and land
not passed out of committee
Iowa

establish specific requirements for fracking permit: disclosure of chemicals used and certification that chemicals do not pose threat to human health

not passed out of committee
Kansas
allow for disposal, without a permit, of solid
waste from oil and gas operations through process known as “land spreading”; activity must be done in accordance with best practices and maximum loading rates established by state regulators
passed by Senate in February
provide explicit authority for the Kansas Corporation Commission to regulate
hydraulic fracturing
signed into law
Michigan
establish presumption that person conducting fracking operation is liable if water near well has been contaminated
referred to committee
remove exemption status for natural gas industry regarding water withdrawals
referred to committee
require state study of impact of hydraulic fracturing, with advisory committee recommending new state laws and rules
referred to committee

stop issuance of certain new fracking permits

until state advisory committee has made recommendations (see above)

referred to committee
Nebraska
establish interim study of statutes and
regulations on hydraulic fracturing
did not pass

require disclosure of chemicals being used and total volume of water being used in

fracking process

did not pass
North Dakota (2011)
establish that hydraulic fracturing is an
acceptable recovery process in the state
signed into law
urge U.S. Congress to delegate fracking regulation to the states
passed

appropriate $1 million for potential legal costs to fight any attempts by U.S. EPA to regulate hydraulic fracturing (part of bill passed in

special session)

signed into law
Ohio
establish moratorium on horizontal stimulation of oil and gas wells until completion of U.S. EPA study on impact of practice on drinking
water resources
referred to committee
require 7% overriding royalty be paid to state and direct money to Clean Water Restoration Fund, require groundwater testing as well as disclosure of chemicals and water used in process, document plans for waste removal from operations, among other provisions
referred to committee
require capture of methane gas released as result of well stimulation and new state agency rules
referred to committee
establish permitting procedures and fees as well as new recycling and treatment requirements
referred to committee

establish additional requirements and disclosure for wells drilled into the Marcellus shale formation or a deeper formation: groundwater testing, minimum royalty rates for landowners, disclosure of chemicals used, among other provisions

referred to committee
establish requirements for oil and gas drilling and operation of wells on state land, establish 5% overriding royalty for each well stimulated
referred to committee
require disclosure of all chemicals and substances used, require owners/operators to comply with local zoning laws, eliminate mandatory pooling, require a surety bond for an injection well, appropriate money for oil and gas training, among other provisions
referred to committee
South Dakota

establish that hydraulic fracturing is an

acceptable recovery process in state

did not pass
urge U.S. Congress to delegate fracking regulation to states
passed