SB 394 Michigan Senate · 2025-2026 Regular Session

Natural resources: gas and oil; ownership and conveyance rights associated with pore space; establish. Creates new act. TIE BAR WITH: SB 395'25

SB 394 establishes that landowners in Michigan automatically own the pore space (open spaces in underground rock formations) beneath their property, which can be used for storing substances like carbon dioxide. This means property buyers inherit pore space rights unless the seller explicitly transfers or excludes them in the sale agreement. The bill requires clear language in property transfers to sever pore space rights from surface ownership, protecting existing mineral rights and surface access for oil/gas operations. It does not affect mineral rights or existing agreements but requires Senate Bill 395 to pass simultaneously for full implementation. The bill aims to clarify ownership for future resource storage projects while maintaining current legal frameworks.
Bill status passed 3 of 5 stages cleared
Introduction
Jun 2025
Committee Review
Sep 2025
Senate Passage
Sep 2025
House Passage
Governor
Introduced Jun 10, 2025 Last action Sep 4, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Senate Introduced Bill As Passed by the Senate · 6 edits · Sep 4, 2025
MODERATE
The bill establishes that subsurface pore space ownership belongs to the surface landowner unless explicitly separated, and defines pore space to include areas used for carbon dioxide storage. Key changes include new definitions for 'confining zone' and 'pore space', rules for severing pore space rights from surface estates, and requirements for instruments that separate these rights. The act preserves existing mineral rights and common law while allowing pore space to be separately sold or leased.
Scope change
The bill now explicitly includes carbon dioxide storage in the definition of pore space and clarifies that pore space ownership follows surface property ownership unless severed.
DEFINITION

Added definition of 'confining zone' as a geological formation that limits fluid movement above injection zones.

Added definition of 'pore space' to explicitly include open space used for storing carbon dioxide or other substances.

REQUIREMENT

Added requirement that instruments severing pore space rights must describe the geologic formation and depth of the pore space being conveyed.

Added requirement that instruments severing pore space rights must describe the scope of any reserved surface estate usage rights.

Added provision that severed pore space interests can be separately sold, purchased, leased, and conveyed.

ELIGIBILITY

Clarified that agreements conveying subsurface mineral interests do not automatically include pore space unless explicitly stated.

Floor votes · Senate Sep 4, 2025

How they voted

307
Passed · 1 other
Total votes 38
Sep 4, 2025
D Democratic19
14 Yea 5 Nay
73% Yea
R Republican19
16 Yea 2 Nay 1
84% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
11
Key actions
3
Committee
5
Sep 4, 2025
Committee
referred to Committee on Energy
lower
Sep 4, 2025
Introduced
received on 09/04/2025
lower
Sep 4, 2025
Upper · Passed
PASSED ROLL CALL # 219 YEAS 29 NAYS 7 EXCUSED 0 NOT VOTING 1
upper
Sep 3, 2025
Upper · Passed
REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
upper
Sep 3, 2025
Committee
REFERRED TO COMMITTEE OF THE WHOLE
upper
Sep 3, 2025
Upper · Passed
REPORTED FAVORABLY WITHOUT AMENDMENT 9/3/2025
upper
Jun 10, 2025
Committee
REFERRED TO COMMITTEE ON ENERGY AND ENVIRONMENT
upper
Jun 10, 2025
Introduced
INTRODUCED BY SENATOR JOHN CHERRY
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of John Cherry
John Cherry
DDemocratic
MI
27