Guest Author
The onshore oil and gas industry has been under heavy scrutiny during the 2015 Legislative Session, as GOP Sen. Garrett Richter of Naples and GOP Rep. Ray Rodrigues of Estero have filed legislation to provide regulatory certainty to the state of Florida that will ensure the industry is appropriately regulated.
The legislation, Senate Bill 1468 and House Bill 1205, is closing in on its last hurdle before being approved by the Legislature. However, there has been a lot of misinformation being spread by third-party opposition groups, clouding the discussion on this needed regulation.
On behalf of AIF and our Florida Mineral Rights Working Group, I want to set the record straight on this important public policy that provides the state and the industry with regulatory certainty and is in the public’s, as well as the environment’s, best interest.
The impetus of the legislation was a high-pressure well stimulation technique reportedly used in Southwest Florida. In response — understanding that current law requires no additional regulation to conduct high-pressure well stimulations beyond that needed for traditional stimulation techniques — Senator Richter and Representative Rodrigues worked with the Department of Environmental Protection (DEP) to formulate a stronger regulatory structure to govern such activities.
Among the many good provisions included in the bill is that it provides a clear definition of high-pressure well stimulation. It also creates more oversight by requiring that an additional permit be obtained before high-pressure well stimulation is conducted, including what occurred at the Collier-Hogan well site in Southwest Florida.
The opposition’s rallying cry is that this legislation “legalizes” fracking. That’s simply not the case. This legislation actually requires more, not less, regulation of high-pressure well stimulation techniques. DEP officials have testified at every committee stop that the pathway to fracking is already open and that this bill further restricts and provides more regulations.
Further, the legislation takes steps to ensure groundwater resources are not contaminated and to protect the public health. The measure also grants DEP authority to deny a permit based on an applicants’ record and provides DEP increased inspection authority. The legislation also requires that all chemicals and other materials added during high-pressure well stimulations be disclosed to the chemical disclosure registry, FracFocus.
Finally, the legislation requires DEP to study the effects of high-pressure well stimulation and prohibits the industry from obtaining permits for the technique until rule-making is complete.
Senator Richter and Representative Rodrigues have formulated common-sense public policy in these bills that provides a strong regulatory structure, so a responsible industry can continue to contribute to Florida’s bottom line, and so the public and our precious environment are safeguarded.
On behalf of AIF, I encourage Florida lawmakers to carefully consider the facts behind these bills before you vote on them on the floor. We strongly feel this is important legislation that provides regulatory certainty to our state.
Please support House Bill 1205 and Senate Bill 1468.
Brewster Bevis is senior vice president of state and federal affairs for Associated Industries of Florida.
