Phil Ammann
First and foremost, I have serious concerns about fracking, especially in Florida. However, there are many misconceptions about HB 191 and what it actually does.
It does not authorize fracking as the practice is currently allowed in Florida. Under current law it’s unregulated. This bill places serious restrictions on fracking in the state, including a moratorium until the state conducts a study of fracking’s effects on Florida’s environment and geology.
One of the concerns about the bill is that it preempts local control. As a former city councilman and mayor of Zephyrhills, I am sensitive to local control, home rule and preemption. Therefore, I had concerns about the preemption language.
The bill’s sponsor, Rep. Ray Rodrigues, negotiated with the Florida League of Cities and the Florida Association of Counties to come to a compromise. The new language permits cities and counties to “adopt and enforce zoning or land use requirements which affect the use of property for the exploration, development, production, processing, storage, or transportation of oil and gas.” Due to Rep. Rodrigues’ hard work, the league and association have now dropped their opposition to the bill.
The bill is not a vote to allow fracking. It actually puts an immediate moratorium on fracking, requires a comprehensive study that includes research on the impact fracking would have in Florida. It covers the broadest definition of the term “fracking” (so it covers all methods), and enacts a strict regulatory scheme.
On the House floor, you have a red button and a green button when you vote. There is no “yes, if…” or “no, unless…” Further, Florida House rules do not permit an abstention and there is no “present” button. You must vote.
As a legislator, you have to weigh the entirety of a bill. Perfect cannot be the enemy of good. There was never a bill on the House floor to vote on that would ban fracking outright, but there was a bill that would put a hold on fracking, require a study, and place regulations on the process. That bill was HB 191.
To me, a vote against this bill would have been a vote to support fracking as it is now conducted in the state: unregulated and unchecked.
A bill to ban fracking altogether was not before me. This piece of legislation is a good step in the right direction.
I have serious concerns about fracking, which is why I supported HB 191. Once the study is complete, a final decision on what to do about fracking will be brought for a vote.
In closing, HB 191 did not authorize fracking in Florida, instead it:
- Placed an immediate moratorium on fracking in Florida.
- Requires a comprehensive study to determine the effect of fracking in Florida.
- Adopts a strict regulatory framework on a practice that is currently happening, and is unregulated, unfettered and unchecked.
For now, thanks to the passage of HB 191, fracking will not be permitted in Florida, and I would hope we could all agree this is a good thing.
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Danny Burgess is a first term Republican from Zephyrhills representing District 38 in the Florida House of Representatives. Column courtesy of Context Florida.
