Florida Senate could derail fracking bill

Industry backed bills introduced by Southwest Florida legislators that would create regulations around fracking in Florida may have sailed through the House, but they’re facing more scrutiny, if not outright opposition, in the Senate.

And it’s not just coming from Democrats. Sen. Charlie Dean, R-Inverness and chairman of Senate Committee on Environmental Preservation and Conservation, voted against the Senate bill earlier in the session. Sen. Anitere Flores, R-Miami, recently tweeted “fracking isn’t the way. #BanFracking #FrackIsWhack.”

Sen. Tom Lee, the powerful chairman of Senate Appropriations, told reporters he has questions about how fracking would work in Florida given its unique limestone geology. He also expressed concern over a provision in the bill that would override local government control of fracking.

Lee complained the Florida Department of Environmental Protection was “nowhere to be seen” when the Senate bill, sponsored by Sen. Garrett Richter, R-Naples, came up earlier in the session. Lee supported the bill at the time, with reservations, he said. But he vowed his committee will not hear the bill until DEP appears before it to provide on-the-record testimony.

“I think that’s the appropriate way for this institution to be backed up,” he said Wednesday. “And we want credible, scientific responses to questions, not special interest responses. But I suspect that we will ultimately agenda the bill here in committee and we’ll hear it."

Environmental groups and anti-fracking activists are hardly declaring victory. They’re expressing cautious optimism at best that the Senate will ultimately reject the legislation.

“I think we’ve got a fighting chance,” said Brian Lee, lobbyist for the Floridians Against Fracking coalition. “Because the opposition to this bill is bipartisan. And the support for this bill is not.”

Sen. Darren Soto, D-Orlando, said the legislation has stalled in the Senate because of “serious questions” he and other senators have about the impact fracking could have on Florida’s aquifer, the source of the state’s drinking water supply, and the preemption of local decision making.

“At this juncture, anything can happen,” he said. “Votes are shifting as we speak. So it’s a real dynamic situation in the Senate, especially now, since it’s up to us solely.”

Soto said he’s also seeking answers from DEP. The agency, in an email to the Tallahassee Democrat, said it will continue to attend committee hearings and make itself available for any questions by lawmakers.

Bills would overturn local bans

Fracking involves the pumping of water or acid into wells at great depths and pressures to release oil and gas from rock formations. Though versions of it date back to the turn of the century, the technology has evolved considerably over the years. Now, far more water — up to millions of gallons — is used in hydraulic fracturing.

Supporters say fracking would bring jobs to the state, boost the economy and increase domestic supplies. In 2014, the U.S. became the global leader in oil and natural gas production, in part because of the proliferation of fracking wells in states like Pennsylvania and Ohio.

But fracking has sparked intense controversy over its potentially harmful effects on human health and the environment, particularly water supplies. Environmental groups and others say chemicals used in the process have contaminated wells and led to problems from earthquakes to illnesses.

Last year, Sen. Richter, and Rep. Ray Rodrigues, R-Estero, offered similar bills to create regulations around fracking, but they unraveled when the regular session imploded over health care disagreements.

Since then, a growing number of Florida cities and counties, including  Bonita Springs and Estero, have enacted their own fracking bans or otherwise approved resolutions opposing the legislation. Cape Coral is discussing enacting a ban. Activists say more than 60 percent of the state’s population live in places where such measures have passed.

Richter and Rodrigues added language to this year’s legislation (SB 318 and HB 191) that would overturn the bans and pre-empt to the state all regulation of oil and gas exploration, development, production, processing, storage and transportation. The amended House bill and a Senate committee substitute would allow local government a say in zoning matters involving fracking, as long as they didn’t amount to a ban.

Backing the bill are groups including the Florida Petroleum Council and the influential Associated Industries of Florida. David Mica, executive director of the council, said he’s confident questions from lawmakers will be addressed in upcoming hearings.

“I think that when the senators look at the current regulatory scheme of oil and gas, and they look at what Sen. Richter has done in terms of trying to put together a package of recommendations and requirements going forward," he said, "I think they will conclude that the path they’re on is better than what the naysayers would say.”

Fracking legislation

Fracking legislation passed overwhelmingly in the House, despite opposition from outnumbered Democrats, and is now under consideration in the Senate. The legislation would do the following:

• Pre-empt to the state all regulation involving the exploration, development, production, processing, storage and transportation of oil and gas.
• Require DEP to consider the possibility of groundwater contamination when reviewing permits.
• Require companies to disclose to DEP chemicals used in the process for disclosure on the public database FracFocus. The agency would not disclose to the database chemicals considered trade secrets unless ordered by a court. Companies would have 60 days from the time a well is fracked to disclose the chemicals.
• Appropriate $1 million for DEP to conduct a comprehensive study on fracking.