Bill Text: MI HB4202 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Natural resources; gas and oil; oil and gas commission; establish to oversee issuance of permits and promulgation of rules. Amends secs. 61501, 61503, 61510, 61517, 61701, 61730, 61731, 61732, 61733, 62501, 62504 & 62514 of 1994 PA 451 (MCL 324.61501 et seq.) & adds secs. 61502b, 61502d, 61702b & 62503b.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-15 - Bill Electronically Reproduced 02/14/2017 [HB4202 Detail]

Download: Michigan-2017-HB4202-Introduced.html

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HOUSE BILL No. 4202

 

 

February 14, 2017, Introduced by Reps. Moss, Lasinski, LaGrand, Ellison, Chang, Lucido, Pagan, Faris, Neeley, Love, Santana, Hertel, Hoadley, Phelps, Elder, Sowerby, Hammoud, Gay-Dagnogo, Rabhi, Sneller, Wittenberg, Yanez, Durhal, Peterson and Robinson and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 61501, 61503, 61510, 61517, 61701, 61730,

 

61731, 61732, 61733, 62501, 62504, and 62514 (MCL 324.61501,

 

324.61503, 324.61510, 324.61517, 324.61701, 324.61730, 324.61731,

 

324.61732, 324.61733, 324.62501, 324.62504, and 324.62514), section

 

61501 as amended by 1998 PA 303, sections 61503, 61510, 61701,

 

61730, 61731, 61732, 61733, 62504, and 62514 as added by 1995 PA

 

57, section 61517 as amended by 1998 PA 115, and section 62501 as

 

amended by 1998 PA 467, and by adding sections 61502b, 61502d,

 

61702b, and 62503b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 61501. Unless the context requires a different meaning,

 

the words defined in this section have the following meanings when

 

as used in this part:

 

     (a) "Commission" means the oil and gas commission created in

 

section 61502b.

 

     (b) (a) "Department" means the department of environmental

 

quality.

 

     (c) (b) "Field" means an underground reservoir or reservoirs

 

containing oil or gas, or both. Field also includes the same

 

general surface area that is underlaid or appears to be underlaid

 

by at least 1 pool. Field and pool have the same meaning if only 1

 

underground reservoir is involved. However, field, unlike pool, may

 

relate to 2 or more pools.

 

     (d) (c) "Fund" means the oil and gas regulatory fund created

 

in section 61525b.

 

     (e) (d) "Gas" means a mixture of hydrocarbons and varying

 

quantities of nonhydrocarbons in a gaseous state which may or may

 

not be associated with oil, and includes those liquids resulting

 

from condensation.

 

     (f) (e) "Illegal container" means a receptacle that contains

 

illegal oil or gas or illegal products.

 

     (g) (f) "Illegal conveyance" means a conveyance by or through

 

which illegal oil or gas or illegal products are being transported.

 

     (h) (g) "Illegal oil or gas" means oil or gas that has been

 

produced by an owner or producer in violation of this part, a rule

 

promulgated under this part, or an order of the supervisor issued

 

under this part.

 

     (i) (h) "Illegal product" means a product of oil or gas or any

 

part of a product of oil or gas that was knowingly processed or

derived in whole or in part from illegal oil or gas.

 

     (j) (i) "Market demand" means the actual demand for oil or gas

 

from any particular pool or field for current requirements for

 

current consumption and use within or outside the this state,

 

together with the demand for such amounts as are necessary for

 

building up or maintaining reasonable storage reserves of oil or

 

gas or the products of oil or gas.

 

     (k) (j) "Oil" means natural crude oil or petroleum and other

 

hydrocarbons, regardless of gravity, that are produced at the well

 

in liquid form by ordinary production methods and that are not the

 

result of condensation of gas after it leaves the underground

 

reservoir.

 

     (l) (k) "Owner" means the person who has the right to drill a

 

well into a pool, to produce from a pool, and to receive and

 

distribute the value of the production from the pool for himself or

 

herself either individually or in combination with others.

 

     (m) (l) "Pool" means an underground reservoir containing a

 

common accumulation of oil or gas, or both. Pool includes a

 

productive zone of a general structure that is completely separated

 

from any other zone in the structure, or is declared to be a pool

 

by the supervisor of wells.

 

     (n) (m) "Producer" means the operator, whether owner or not,

 

of a well or wells capable of producing oil or gas or both in

 

paying quantities.

 

     (o) (n) "Product" means any commodity or thing made or

 

manufactured from oil or gas, and all derivatives of oil or gas,

 

including refined crude oil, crude tops, topped crude, processed

crude petroleum, residue treated crude oil, residuum, gas oil,

 

naphtha, distillate, gasoline, casing-head gasoline, natural gas

 

gasoline, kerosene, benzine, wash oil, waste oil, lubricating oil,

 

and blends or mixtures of oil or gas or any derivatives of oil or

 

gas whether enumerated or not.

 

     (p) (o) "Supervisor" or "supervisor of wells" means the

 

department.

 

     (q) (p) "Tender" means a permit or certificate of clearance,

 

approved and issued or registered under the authority of the

 

supervisor, for the transportation of oil or gas or products.

 

     (r) (q) "Waste" in addition to its ordinary meaning includes

 

all of the following:

 

     (i) "Underground waste", as those words are generally

 

understood in the oil business, and including all of the following:

 

     (A) The inefficient, excessive, or improper use or dissipation

 

of the reservoir energy, including gas energy and water drive, of

 

any pool, and the locating, spacing, drilling, equipping,

 

operating, or producing of a well or wells in a manner to reduce or

 

tend to reduce the total quantity of oil or gas ultimately

 

recoverable from any pool.

 

     (B) Unreasonable damage to underground fresh or mineral

 

waters, natural brines, or other mineral deposits from operations

 

for the discovery, development, and production and handling of oil

 

or gas.

 

     (ii) "Surface waste", as those words are generally understood

 

in the oil business, and including all of the following:

 

     (A) The unnecessary or excessive surface loss or destruction

without beneficial use, however caused, of gas, oil, or other

 

product, but including the loss or destruction, without beneficial

 

use, resulting from evaporation, seepage, leakage, or fire,

 

especially a loss or destruction incident to or resulting from the

 

manner of spacing, equipping, operating, or producing a well or

 

wells, or incident to or resulting from inefficient storage or

 

handling of oil.

 

     (B) The unnecessary damage to or destruction of the surface;

 

soils; animal, fish, or aquatic life; property; or other

 

environmental values from or by oil and gas operations.

 

     (C) The unnecessary endangerment of public health, safety, or

 

welfare from or by oil and gas operations.

 

     (D) The drilling of unnecessary wells.

 

     (iii) "Market waste", which includes the production of oil or

 

gas in any field or pool in excess of the market demand as defined

 

in this part.

 

     Sec. 61502b. (1) The oil and gas commission is created within

 

the department.

 

     (2) The commission consists of the following members:

 

     (a) The director of the department.

 

     (b) The following members, appointed by the governor by and

 

with the advice and consent of the senate, representing diverse

 

geographic areas of this state:

 

     (i) Two individuals representing commerce and industry in this

 

state.

 

     (ii) Two individuals representing local units of government in

 

this state.

     (iii) Two health professionals with academic and technical

 

expertise in the toxicology of air or water contaminants.

 

     (iv) Two individuals with academic and technical expertise in

 

water resources.

 

     (v) Two individuals with academic and technical expertise in

 

geology or hydrology.

 

     (vi) Two individuals representing private environmental

 

protection organizations.

 

     (vii) Three individuals representing the general public.

 

     (3) The governor shall appoint the first members to the

 

commission within 30 days after the effective date of this section.

 

     (4) Members of the commission appointed under subsection

 

(2)(b) serve for terms of 3 years or until a successor is

 

appointed, whichever is later, except that of the members first

 

appointed 5 shall serve for 1 year and 5 shall serve for 2 years.

 

     (5) If a vacancy occurs in an appointed seat on the

 

commission, the governor shall make an appointment for the

 

unexpired term in the same manner as the original appointment.

 

     (6) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause.

 

     (7) The director of the department shall call the first

 

meeting of the commission not more than 60 days after the effective

 

date of this section. At the first meeting, the commission shall

 

elect from among its members a chairperson and other officers as it

 

considers necessary or appropriate. After the first meeting, the

 

commission shall meet at least quarterly, or more frequently at the

call of the chairperson or if requested by 3 or more members.

 

     (8) A majority of the members of the commission constitute a

 

quorum for the transaction of business at a meeting of the

 

commission. A majority of the members present and serving are

 

required for official action of the commission.

 

     (9) The commission shall conduct its business at a public

 

meeting held in compliance with the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275.

 

     (10) A writing prepared, owned, used, in the possession of, or

 

retained by the commission in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (11) The appointed members of the commission serve without

 

compensation, and the director of the department shall serve

 

without additional compensation. Members of the commission may be

 

reimbursed for their actual and necessary expenses incurred in the

 

performance of their official duties as members of the commission.

 

     Sec. 61502d. (1) Notwithstanding any other provision of this

 

part, the commission shall exercise supervisory authority over all

 

of the following under this part:

 

     (a) Issuing, denying, revoking, suspending, or modifying

 

permits.

 

     (b) Promulgating rules.

 

     (c) Developing department policies.

 

     (2) Notwithstanding any other provision of this part, the

 

supervisor of wells shall not exercise the powers listed in

 

subsection (1) without the approval of the commission.

     (3) The commission shall receive complaints of alleged

 

violations of this part, rules promulgated under this part, or

 

determinations made or permits or orders issued under this part.

 

     (4) In response to a complaint under subsection (3), the

 

commission may do any of the following:

 

     (a) Require the supervisor of wells to take investigatory or

 

enforcement action as provided in this part.

 

     (b) Request the attorney general to commence an action in

 

court as provided in this part.

 

     Sec. 61503. (1) The supervisor of wells shall designate

 

suitable assistants as are required to implement this part.

 

     (2) The commission shall act as an appeal board regarding the

 

issuance, denial, suspension, revocation, annulment, withdrawal,

 

recall, cancellation, or amendment of a permit under this part.

 

When If a producer or owner considers an order, action, inaction,

 

or procedure as proposed, initiated, or made by the supervisor to

 

be burdensome, inequitable, unreasonable, or unwarranted, the

 

producer or owner may appeal to the commission or the court for

 

relief from the order, action, inaction, or procedure as provided

 

in this act. The chairperson of the commission shall set a date and

 

place to hear the appeal, which may be at a regular meeting of the

 

commission or a special meeting of the commission called for that

 

purpose.

 

     (3) The supervisor and employees, in addition to their

 

salaries, shall receive their reasonable expenses while away from

 

their homes traveling on business connected with their duties. A

 

member of the commission shall not receive compensation for

discharging duties under this part; however, a member is entitled

 

to reasonable expenses while traveling in the performance of a duty

 

imposed by this part. Salaries and expenses authorized in this part

 

shall be paid out of the state treasury in the same manner as the

 

salaries and expenses of other officers and employees of the

 

department are paid.

 

     (4) The department of technology, management, and budget shall

 

furnish suitable offices for the use of the supervisor and his or

 

her employees.in implementing this part.

 

     Sec. 61510. (1) If a person fails or refuses to comply with a

 

subpoena issued by the supervisor under section 61509, or if a

 

witness refuses to testify as to any matters regarding which he or

 

she may be lawfully interrogated, any circuit court in this state,

 

or any circuit court judge, on application of the commission or

 

supervisor, respectively, may issue an attachment for the person

 

and compel that person to comply with the subpoena and to attend a

 

hearing before the commission or supervisor and produce documents,

 

and testify upon matters, as may be lawfully required. , and the

 

The court or judge has the power to may punish that person for

 

contempt in the same manner as if the person had disobeyed the

 

subpoena of the court or refused to testify in that court.

 

     (2) A witness summoned by subpoena or by written request of

 

the commission or supervisor and attending a hearing called by the

 

commission or supervisor is entitled to the same fees and mileage

 

as are or may be provided by law for attending the circuit court in

 

a civil matter or proceeding. The fees and mileage of witnesses

 

subpoenaed at the instance of the commission or supervisor shall be

paid out of the general funds of the state treasury upon proper

 

voucher approved by the commission or supervisor, respectively. The

 

fees and mileage of witnesses subpoenaed at the instance of any

 

other interested party shall be paid by that party.

 

     Sec. 61517. (1) Except as provided in subsection (2), the

 

circuit court of Ingham county has exclusive jurisdiction over all

 

suits brought against the department, commission, the supervisor,

 

or any agent or employee of the department commission or

 

supervisor, by or on account of any matter or thing arising under

 

this part. A court shall not grant a temporary restraining order or

 

injunction shall not be granted in any suit described in this

 

section except after due notice and for good cause shown.

 

     (2) A suit brought against the supervisor pertaining to an

 

order of the supervisor requiring the pooling of properties or

 

parts of properties under section 61513(4) may be brought in the

 

circuit court for the county in which the oil or gas rights are

 

located or in the circuit court of Ingham county. County. A suit

 

brought in the circuit court of Ingham county County against the

 

supervisor pertaining to an order of the supervisor requiring the

 

pooling of properties or parts of properties under section 61513(4)

 

may be removed to the circuit court for the county in which the oil

 

or gas rights are located upon petition by a majority of the owners

 

of the oil and gas rights who are subject to the order.

 

Additionally, if all of the owners of the oil and gas interests

 

being pooled reside in a county in Michigan this state other than

 

the county in which the oil and gas rights are located, the suit

 

may be brought in, or removed to, the circuit court for the county

in which the owners reside. A petition for removal under this

 

subsection shall must be filed within 28 days after filing and

 

service of the complaint in circuit court.

 

     Sec. 61701. As used in this part, unless the context otherwise

 

requires:

 

     (a) "Commission" means the oil and gas commission created in

 

section 61502b.

 

     (b) (a) "Field" means an underground reservoir or reservoirs

 

containing oil or gas, or both. Field also includes the same

 

general surface area that is underlaid or appears to be underlaid

 

by at least 1 pool. Field and pool have the same meaning if only 1

 

underground reservoir is involved. However, field, unlike pool, may

 

relate to 2 or more pools.

 

     (c) (b) "Lessee" means lessees under oil and gas leases and

 

also the owners of unleased lands or mineral rights having the

 

right to develop them for oil and gas.

 

     (d) (c) "Oil and gas" means oil and gas as such in combination

 

one with the other and also means oil, gas, casinghead gas,

 

casinghead gasoline, gas distillate, or other hydrocarbons, or any

 

combination or combinations of these substances, which may be found

 

in or produced from a common source of supply of oil, gas, oil and

 

gas, or gas distillate.

 

     (e) (d) "Pool" or "common source of supply" means a natural

 

underground reservoir containing or appearing to contain a common

 

accumulation of oil and gas. Each productive zone of a general

 

structure that is completely separate from any other zone in the

 

structure, or that may for the purposes of this part be declared by

the supervisor to be completely separate, is included in the term

 

pool or common source of supply. Any reference to a separately

 

owned tract, although in general terms broad enough to include the

 

surface and all underlying common sources of supply of oil and gas,

 

shall have reference thereto refers only in relation to the common

 

source of supply or portion thereof included within the unit area

 

of a particular unit.

 

     (f) (e) "Supervisor" or "supervisor of wells" means the

 

department. as provided in part 615.

 

     (g) (f) "Unit area" means the formation or formations that are

 

unitized and surface acreage that is a part of the unitized lands,

 

as described in the plan for unit operations that is the subject of

 

the supervisor's order as provided in section 61706.

 

     (h) (g) "Unit expense" means any and all cost, expense, or

 

indebtedness incurred by the unit in the establishment of its

 

organization or incurred in the conduct and management of its

 

affairs or the operations conducted by it.

 

     (i) (h) "Unit production" means all indigenous oil and gas

 

produced and saved from a unit area after the effective date of the

 

order of the supervisor creating the unit, regardless of the well

 

or tract within the unit area from which that oil and gas is

 

produced.

 

     (j) (i) "Waste", in addition to its ordinary meaning, means

 

physical waste as that term is generally understood in the oil and

 

gas industry. Waste includes all of the following:

 

     (i) The inefficient, excessive, or improper use or dissipation

 

of reservoir energy and the locating, spacing, drilling, equipping,

operating, producing, or plugging of any oil and gas well or wells

 

in a manner that results or tends to result in reducing the

 

quantity of oil and gas ultimately recoverable from any pool in the

 

state under good oil and gas field practice.

 

     (ii) The inefficient production of oil and gas in a manner

 

that causes or tends to cause unnecessary or excessive surface loss

 

or destruction of oil and gas.

 

     (iii) The locating, spacing, drilling, equipping, operating,

 

producing, or plugging of a well or wells in a manner that causes

 

or tends to cause unnecessary or excessive loss or destruction of

 

oil and gas.

 

     Sec. 61702b. (1) Notwithstanding any other provision of this

 

part, the commission shall exercise supervisory authority over all

 

of the following under this part:

 

     (a) Making findings that plans for unit operations have been

 

approved.

 

     (b) Promulgating rules and issuing regulations.

 

     (c) Developing department policies.

 

     (2) Notwithstanding any other provision of this part, the

 

supervisor of wells shall not exercise the powers listed in

 

subsection (1) without the approval of the commission.

 

     (3) The commission shall receive complaints of alleged

 

violations of this part, rules promulgated or regulations issued

 

under this part, or determinations made or orders issued under this

 

part.

 

     (4) In response to a complaint under subsection (3), the

 

commission may do any of the following:

     (a) Require the supervisor of wells to take investigatory or

 

enforcement action as provided in this part.

 

     (b) Direct the supervisor of wells to commence an action in

 

court as provided in this part.

 

     Sec. 61730. The action of the supervisor shall be is final

 

with respect to jurisdiction for an appeal before any regulatory

 

agency of this state, but any person may seek relief before the

 

commission or in the courts as provided under the laws of the this

 

state, and the taking of an appeal as provided in this part is not

 

a prerequisite to seeking relief in the courts. The place of

 

initiation of proceedings for review shall be limited to the

 

circuit court of the county of Ingham , which shall have has

 

exclusive jurisdiction of all suits brought against the commission,

 

the supervisor, or any agent or employee of the commission or

 

supervisor, on account of any matter arising under this part. A

 

court shall not grant a temporary restraining order or injunction

 

shall not be granted in any such suit except after due notice and

 

upon a showing of irreparable harm by the appealing party.

 

     Sec. 61731. The commission or supervisor may compel by

 

subpoena the attendance of witnesses or the production of books,

 

papers, records, or articles necessary in any proceeding before the

 

commission or supervisor, respectively. A person shall is not be

 

excused from obeying any subpoena for the reason that because the

 

testimony or evidence, documentary or otherwise, may tend to

 

incriminate him or her or subject him or her to a penalty or

 

forfeiture. Nothing in this part shall be construed as requiring

 

This part does not require any person to produce anything or to

testify in response to an inquiry not pertinent to some question

 

lawfully before the commission or the supervisor or any court for

 

determination within the purposes of this part. Any incriminating

 

evidence, documentary or otherwise, shall not thereafter be used

 

against the witness in a prosecution or action for forfeiture. A

 

person testifying is not exempt from prosecution and punishment for

 

perjury in so testifying.

 

     Sec. 61732. In case of failure or refusal on the part of any

 

person to comply with any subpoena issued by the commission or

 

supervisor, or the refusal of any witness to testify or answer as

 

to any matters regarding which he or she may be lawfully

 

interrogated, any circuit court in this state, or any circuit court

 

judge on application of the commission or supervisor, respectively,

 

may issue an attachment for the person and compel him or her to

 

comply with such the subpoena and to attend before the commission

 

or supervisor or any court and produce such documents and give his

 

or her testimony upon such matters as may be lawfully required. ,

 

and the The court or judge may punish that person for contempt as

 

in case of disobedience of a like subpoena issued by or from such

 

court or a refusal for disobeying the subpoena in the same manner

 

as if the person had refused to testify before or produce documents

 

in that court.

 

     Sec. 61733. Any witness summoned by subpoena or by written

 

request of the commission or supervisor and attending any hearing

 

called by the commission or supervisor is entitled to the same fees

 

and travel expense as provided by law for attending the circuit

 

court in any civil matter or proceeding. The fees and travel

expense of witnesses subpoenaed at the instance of the commission

 

or supervisor shall be paid by the persons filing the petition.

 

     Sec. 62501. As used in this part:

 

     (a) "Artificial brine" means mineralized water formed by

 

dissolving rock salt or other readily soluble rocks or minerals.

 

     (b) "Brine well" means a well drilled or converted for the

 

purpose of producing natural or artificial brine.

 

     (c) "Commission" means the oil and gas commission created

 

under section 61502b.

 

     (d) (c) "Department" means the department of environmental

 

quality.

 

     (e) (d) "Disposal well" means a well drilled or converted for

 

subsurface disposal of waste products or processed brine and its

 

related surface facilities.

 

     (f) (e) "Exploratory purposes" means test well drilling for

 

the specific purpose of discovering or outlining an orebody or

 

mineable mineral resource.

 

     (g) (f) "Fund" means the mineral well regulatory fund created

 

in section 62509b.

 

     (h) (g) "Mineral well" means any well subject to this part.

 

     (i) (h) "Natural brine" means naturally occurring mineralized

 

water other than potable or fresh water.

 

     (j) (i) "Operator" means the person, whether owner or not,

 

supervising or responsible for the drilling, operating, repairing,

 

abandoning, or plugging of wells subject to this part.

 

     (k) (j) "Owner" means the person who has the right to drill,

 

convert, or operate any well subject to this part.

     (l) (k) "Pollution" means damage or injury from the loss,

 

escape, or unapproved disposal of any substance at any well subject

 

to this part.

 

     (m) (l) "Storage well" means a well drilled into a subsurface

 

formation to develop an underground storage cavity for subsequent

 

use in storage operations. Storage well does not include a storage

 

well drilled pursuant to part 615.

 

     (n) (m) "Supervisor of mineral wells" means the state

 

geologist, as defined in section 60101.

 

     (o) (n) "Surface waste" means damage to, injury to, or

 

destruction of surface waters, soils, animal, fish, and aquatic

 

life, or surface property from unnecessary seepage or loss

 

incidental to or resulting from drilling, equipping, or operating a

 

well or wells subject to this part.

 

     (p) (o) "Test well" means a well, core hole, core test,

 

observation well, or other well drilled from the surface to

 

determine the presence of a mineral, mineral resource, ore, or rock

 

unit, or to obtain geological or geophysical information or other

 

subsurface data related to mineral exploration and extraction. Test

 

well does not include holes drilled in the operation of a quarry,

 

open pit, or underground mine, or any wells not related to mineral

 

exploration or extraction.

 

     (q) (p) "Underground storage cavity" means a cavity formed by

 

dissolving rock salt or other readily soluble rock or mineral, by

 

nuclear explosion, or by any other method for the purpose of

 

storage or disposal.

 

     (r) (q) "Underground waste" means damage or injury to potable

water, mineralized water, or other subsurface resources.

 

     (s) (r) "Waste product" means waste or by-product resulting

 

from municipal or industrial operations or waste from any trade,

 

manufacture, business, or private pursuit that could cause

 

pollution and for which underground disposal may be feasible or

 

practical.

 

     Sec. 62503b. (1) Notwithstanding any other provision of this

 

part, the commission shall exercise supervisory authority over all

 

of the following under this part:

 

     (a) Issuing, denying, revoking, suspending, or modifying

 

permits.

 

     (b) Promulgating rules.

 

     (c) Developing policies by the supervisor of mineral wells.

 

     (2) Notwithstanding any other provision of this part, the

 

director of the department or the supervisor of mineral wells shall

 

not exercise the powers listed in subsection (1) without the

 

approval of the commission.

 

     (3) The commission shall receive complaints of alleged

 

violations of this part, rules promulgated under this part, or any

 

determination, permit, or order issued under this part.

 

     (4) In response to a complaint under subsection (3), the

 

commission may do any of the following:

 

     (a) Require the department or the supervisor of mineral wells

 

to take investigatory or enforcement action as provided in this

 

part.

 

     (b) Request the attorney general to commence an action in

 

court as provided in this part.

     Sec. 62504. The commission shall act as an appeal board

 

regarding the issuance, denial, suspension, revocation, annulment,

 

withdrawal, recall, cancellation, or amendment of a permit under

 

this part. If an owner or operator considers an order made by the

 

supervisor of mineral wells to be unduly burdensome, inequitable,

 

or unwarranted, the owner or operator may appeal to the commission

 

or the court for relief as provided in this act, and shall give

 

with notice to the supervisor of mineral wells. The chairperson of

 

the commission shall set a date and place to hear the appeal, which

 

may be at any regular meeting or at any special meeting of the

 

commission duly called for that purpose. The supervisor of mineral

 

wells or any person interested in the matter has the right to be

 

heard at such the hearing.

 

     Sec. 62514. (1) The commission and supervisor of mineral wells

 

may summon witnesses, administer oaths, and, when necessary to

 

carry out the provisions of this part, require the production of

 

appropriate records, books, and documents.

 

     (2) Upon failure or refusal of any person If a person fails or

 

refuses to comply with a subpoena issued by the commission or

 

supervisor of mineral wells, or upon the refusal of any a witness

 

refuses to testify as to any matter on which he or she may be is

 

interrogated as being that is pertinent to the hearing or

 

investigation, any circuit court in this state, on application of

 

the commission or supervisor of mineral wells, respectively, may

 

issue an order compelling the person or witness may be subject to a

 

court order compelling him or her to comply with such the subpoena,

 

and to appear before the commission or supervisor of mineral wells

and produce the records, books, and documents for examination and

 

to testify. The court may punish the person or witness for contempt

 

or for refusal to testify.comply with the subpoena.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.