Senate Bill sb2708c1
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Florida Senate - 2006 CS for SB 2708
By the Committee on Environmental Preservation; and Senator
Wise
592-2272-06
1 A bill to be entitled
2 An act relating to the exploration, production,
3 and storage of petroleum and natural gas;
4 directing the Department of Environmental
5 Protection to contract for a study of exposure
6 risks and potential adverse effects of
7 hurricane wind and storm surge on
8 field-erected, aboveground storage tank systems
9 at bulk product facilities; providing
10 requirements for the scope of the study;
11 providing an appropriation from the Inland
12 Protection Trust Fund for the cost of the
13 study; directing the department to compile and
14 review existing data and information relating
15 to environmental risks associated with oil and
16 natural gas exploration and production in the
17 eastern Gulf of Mexico; providing requirements
18 and criteria for the evaluation of such risks;
19 requiring the department to submit a report to
20 the Governor and the Legislature; providing an
21 effective date.
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23 Be It Enacted by the Legislature of the State of Florida:
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25 Section 1. Study of exposure risks and potential
26 adverse effects of hurricane wind and storm surge on
27 field-erected, aboveground storage tank systems at bulk
28 product facilities.--
29 (1) The Department of Environmental Protection shall
30 contract for a study to evaluate the exposure risks and
31 potential adverse effects of hurricane wind and storm surge on
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Florida Senate - 2006 CS for SB 2708
592-2272-06
1 field-erected, aboveground storage tank systems, including
2 tanks, piping, pumps, and related components, at bulk product
3 facilities as defined in s. 376.031(3), Florida Statutes. The
4 study's scope shall include, but need not be limited to:
5 (a) Evaluating the frequency, strength, and
6 probability estimates for hurricane winds and storm surge on
7 the coastal areas of the state where existing bulk product
8 facilities are located and where new bulk product facilities
9 are likely to be constructed.
10 (b) Evaluating the need and timing for requirements
11 for the establishment of minimum ballast levels for
12 field-erected, aboveground storage tanks at bulk product
13 facilities based on the frequency, strength, and probability
14 estimates for hurricane winds and storm surge, and based on
15 levels calculated by a professional engineer specific to each
16 individual field-erected, aboveground storage tank, taking
17 into account the type of tank, the type of product stored,
18 tank diameter, tank height, and other relevant factors.
19 (c) Evaluating the need and feasibility for
20 requirements for:
21 1. Professionally engineered permanent anchoring
22 systems for field-erected, aboveground storage tanks in
23 high-risk surge zones.
24 2. Professionally engineered temporary cable tie-down
25 systems, which could be preconstructed or prefabricated and
26 retained in storage until needed, that would not interfere
27 with normal daily operations and that could be set up in
28 advance of an approaching storm.
29 (d) Evaluating the need for potential siting
30 considerations or engineering mitigation that would prevent or
31 limit the installation of new field-erected, aboveground
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Florida Senate - 2006 CS for SB 2708
592-2272-06
1 storage tank systems at bulk product facilities in areas that
2 are potentially high-risk areas for hurricane winds and storm
3 surge unless the systems are designed and engineered to
4 withstand hurricane winds and storm surge.
5 (e) Identifying all current and proposed industry
6 standards for professionally engineered dike fields
7 surrounding field-erected, aboveground storage tanks at bulk
8 product facilities, including standards for materials and
9 designs that will withstand hurricane winds and storm surges
10 yet allow access for emergency firefighting vehicles in
11 accordance with industry reference standards contained in
12 National Fire Protection Association publication NFPA No. 30.
13 (2) The study must include recommendations for
14 changes, if needed, to aboveground storage tank system laws
15 and agency rules in order to decrease damage from hurricanes
16 and improve recovery of field-erected, aboveground storage
17 tank systems after storm damage. All recommendations must be
18 accompanied by a cost-benefit analysis, which shall include an
19 analysis of:
20 (a) The costs for modifying existing field-erected,
21 aboveground storage tank systems and dike fields, and the
22 costs associated with new construction of field-erected,
23 aboveground storage tank systems and dike fields, to meet any
24 proposed new requirements.
25 (b) The potential adverse effect on petroleum
26 inventory capacity in the state resulting from any proposed
27 new requirements. All industry segments with field-erected,
28 aboveground storage tanks, including, but not limited to,
29 those used for petroleum and electric utility, must be
30 included in the petroleum inventory capacity analysis.
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Florida Senate - 2006 CS for SB 2708
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1 (3) The department shall report the findings and
2 recommendations of the study to the Governor, the President of
3 the Senate, and the Speaker of the House of Representatives by
4 March 1, 2008.
5 (4) The Department of Environmental Protection may use
6 up to $250,000 from the Inland Protection Trust Fund for the
7 2006-2007 and 2007-2008 fiscal years for the cost of the study
8 set forth in this section.
9 Section 2. Compilation and review of existing data and
10 information relating to environmental risks associated with
11 oil and natural gas exploration and production in the eastern
12 Gulf of Mexico.--
13 (1) The Department of Environmental Protection shall
14 compile and review existing data and information to evaluate
15 the environmental risks from all activities associated with
16 the possible future exploration for and production of oil and
17 natural gas in the eastern Gulf of Mexico currently subject to
18 federal moratoria. The department shall immediately request
19 from the appropriate state agencies and private research
20 institutes all available data and information necessary to
21 complete this task. The appropriate state agencies shall
22 submit the data and information to the department at the
23 earliest possible date, and private research institutes are
24 encouraged to submit relevant data and information to the
25 maximum extent practicable. The department's effort shall
26 include data and information available through appropriate
27 federal executive branch agencies. To the maximum extent
28 practicable, the department's efforts shall take into
29 consideration current technologies for controlling discharges
30 from oil and gas exploration rigs and production platforms and
31 shall include, but need not be limited to:
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Florida Senate - 2006 CS for SB 2708
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1 (a) Evaluating the probability of a discharge from oil
2 and gas exploration rigs and production platforms.
3 (b) Evaluating the magnitude of any probable discharge
4 from oil and gas exploration rigs and production platforms.
5 (c) Evaluating the Gulf of Mexico currents and
6 circulation patterns and the likelihood of any probable
7 discharge's reaching the coastal waters and shorelines of the
8 state.
9 (d) Evaluating the environmental impacts of any
10 probable discharge on the fish and wildlife resources in the
11 coastal waters of the state.
12 (2) The department shall report the findings of the
13 evaluation to the Governor, the President of the Senate, and
14 the Speaker of the House of Representatives within 120 days
15 after the effective date of this act.
16 Section 3. This act shall take effect upon becoming a
17 law.
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Florida Senate - 2006 CS for SB 2708
592-2272-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2708
3
4 The committee substitute provides for a study of exposure
risks and potential adverse effects of hurricane wind and
5 storm surge on field-erected, aboveground storage tank systems
at bulk product facilities by the Department of Environmental
6 Protection(DEP). Specifies the scope of the study. Requires
the DEP to report to the Governor, the President of the
7 Senate, and the Speaker of the House of Representatives by
March 1, 2008. Provides that the DEP may use up to $250,000
8 from the Inland Protection Trust Fund for the cost of the
study.
9
The committee substitute also requires the DEP shall compile
10 and review existing data and information to evaluate the
environmental risks from all activities associated with the
11 possible future exploration for and production of oil and
natural gas in the eastern Gulf of Mexico currently subject to
12 federal moratoria. The DEP shall immediately request from the
appropriate state agencies and private research institutes all
13 available data and information be submitted to the department
at the earliest possible date, and private research institutes
14 are encouraged to submit relevant data and information
available to the maximum extent practicable. The DEP's effort
15 shall include data and information available through
appropriate federal executive branch agencies. The DEP shall
16 report the findings of the evaluation to the Governor, the
President of the Senate, and the Speaker of the House of
17 Representatives within 120 days after the effective date of
the act.
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