Topeka ? The Kansas Senate on Wednesday rejected a proposal that would have prevented oil companies from drilling new wells within 500 feet of an existing home or other structure.

Sen. Tom Holland, D-Baldwin City, said he offered the amendment in response to concerns from constituents in southeast Douglas County, where new residential development has occurred on land where pre-existing oil leases are on record.

Many of those oil leases had been dormant for decades. But with the development of new technology, including hydraulic fracturing, or “fracking,” Holland said there has been a resurgence of drilling activity, and residents have learned they have little say over where those pumps are located.

“We’re talking about these jack pumps basically in somebody’s back yard or next to their barn,” Holland said. “If we had this 500-foot distance barrier, that would actually put a little bit of protection, providing safety for livestock, pets, other property and, most importantly, children.”

Sen. Rob Olson, right, R-Olathe, debates with Sen. Tom Holland, D-Baldwin City, over whether state law should limit placement of new oil wells near houses and other structures.

Under current state regulations, the holders of oil and gas leases in northeast Kansas are allowed to place a well on every 2.5 acres. Many leases, however, contain restrictions that say wells cannot be placed near existing structures.

But according to residents near Baldwin City, where new drilling has taken place, oil operators interpret that clause to mean structures that existed at the time the lease was signed. Some of those leases date back to the early 1900s.

Holland said he has offered a bill each of the last two legislative sessions to address the issue, but those bills have never been given a hearing in a committee. So Wednesday, he offered the bill as an amendment to another bill dealing with drilling operations.

Sen. Rob Olson, R-Olathe, who chairs the Senate Utilities Committee, said those residents should have known about the oil leases when they bought their property, and that oil companies already have to file their drilling plans with the Kansas Corporation Commission.

“To me, if there’s a lease that is filed, I would be very concerned,” Olson said. “I buy property all the time, and when there’s a restriction like that, it’s a concern to me. That should give you knowledge to be concerned about where you put your house.”

But Sen. Marci Francisco, D-Lawrence, said the state imposes similar setback requirements for confined animal feeding operations, or CAFOs, and she argued that Holland’s proposal was no different.

“It doesn’t limit drilling,” Francisco said. “We’re talking about spacing limits of two and a half acres apart, so there seems to be quite a bit of flexibility for drilling, and this would give some assurance to individuals to be able to build, or feel that they could purchase a property.”

Holland’s amendment was rejected on an unrecorded voice vote. But Holland said he would continue to introduce the bill in future sessions.