Phil AmmannThe abrupt end to the 2015 Florida legislative session left an important piece of legislation in limbo: the regulation of the onshore oil and gas industry.
Fortunately, Sen. Garrett Richter, R-Naples, and Rep. Ray Rodrigues, R-Estero, are again championing this good legislation during this year’s session, and we are nearing the finish line. HB 191 has already passed in the House and SB 318 has only one committee stop left before being considered by the full Senate.
While the bills are similar to legislation that was on the verge of passing in 2015, there have been significant improvements made to the bills after the sponsors listened to constituents and concerned third parties.
The cornerstone of the legislation remains: empowering the Florida Department of Environmental Protection (DEP) to better regulate the onshore oil and gas industry by granting DEP additional regulatory oversight over all high-pressure well stimulation techniques.
However, by working closely with the Florida Association of Counties and Florida League of Cities, Richter and Rodrigues have helped negotiate a compromise that satisfies the state’s local officials. The deal ensures that, while oil and gas activities are preempted to the state, Florida’s counties and municipalities will be allowed to adopt and enforce zoning or land use requirements that may restrict efforts to explore for and produce oil and gas, so long as they don’t effectively impose a ban or moratorium.
Moreover, the bill this year also requires that the Legislature review and ratify the proposed rules and regulations that will be set forth by DEP following a $1 million independent, peer-reviewed study. While the study is being completed, there will be a moratorium on all high-pressure well stimulation techniques.
The Associated Industries of Florida does not believe that the inclusion of a study and a temporary moratorium are necessary, as the onshore oil and gas industry has been operating safely in Florida since 1943. But, we do applaud the efforts of Richter and Rodrigues to work alongside many constituencies in good faith and come to a common-sense resolution that balances the need to bring certainty to a responsible industry and also protect and preserve Florida’s environment.
The bottom line is that without this legislation, the oil and gas industry will continue to operate in a gray area without a strong regulatory framework. The industry needs clear rules so it can keep up with technological advances in the industry.
We thank the members of the House for passing HB 191 and urge the state’s senators to pass this smart legislation during the 2016 session.
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Brewster Bevis is Senior Vice President of State and Federal Affairs for Associated Industries of Florida. Column courtesy of Context Florida.
