Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 1158 Barcode 132080 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. (1) DUTIES; AUTHORITY.—Notwithstanding the 6 provisions in chapter 253, Florida Statutes, if a land 7 management agency determines that there is an opportunity to 8 develop oil and gas resources under onshore lands west of the 9 Tallahassee Meridian, longitude 84°16’37.59” west, owned by a 10 board, department, or agency of this state to yield greater, 11 near-term revenue returns for the state, the land management 12 agency may participate with a business entity authorized to 13 conduct business in the state in a public-private partnership 14 contract. 15 (2) PRIVATE-PARTNER RESPONSIBILITIES.—The financial, 16 technical, and operational risk for the exploration, 17 development, and production of oil and gas resources is the 18 responsibility of the private business entity. 19 (3) PROPOSAL SELECTION.— 20 (a) A business entity seeking a public-private partnership 21 contract shall submit a business proposal that describes the 22 exploration for oil or gas resources and the development of 23 state lands for those purposes. The business entity may nominate 24 state land that is to be explored and developed under the 25 public-private partnership contract. The proposal shall provide 26 an estimate of the revenues that the project is expected to 27 generate for the state. The proposal for upland state lands must 28 be consistent with approved land management plans approved 29 pursuant to s. 253.034, Florida Statutes. 30 (b) The land management agency shall review the business 31 proposal in a timely manner and in a manner that is consistent 32 with contemporary industry practices. The geophysical seismic 33 exploration, drilling, and production activities proposed shall 34 be of a duration consistent with industry practices. 35 (c) The land management agency shall select a private 36 partner based on the business proposal. The land management 37 agency’s consideration must include, but need not be limited to, 38 the technical quality of the exploration program proposed and 39 the proposed timetable of geophysical and drilling activities 40 which expedites the potential for generating revenues. If more 41 than one entity submits a proposal for a public-private 42 partnership for substantially the same area, the land management 43 agency shall evaluate and select the single proposal that will 44 provide the best value for the state. 45 (d) The geophysical data acquired and the subsequent 46 interpretation shall be made available to the land management 47 agency or its representatives for review during the period 48 provided in paragraph (4)(a), but shall remain in the sole 49 possession of the business entity until the business entity has 50 selected the lease areas. 51 (4) PUBLIC-PRIVATE PARTNERSHIP CONTRACT.—The public-private 52 partnership contract shall provide for: 53 (a) A period of 3 years or longer during which the private 54 partner may explore specified state lands by geophysical seismic 55 methods for the feasibility of oil and gas resource development 56 and production; 57 (b) A selection process after geophysical operations are 58 concluded in which the private partner may select and lease 59 prospective parcels of state land for the purpose of exploration 60 and production; 61 (c) The leasing of state lands identified as a result of 62 the geophysical seismic operations, which shall be for a term of 63 at least 5 years; and 64 (d) Negotiated royalty rates and a lease bonus. 65 (5) APPROVAL OF CONTRACT.—The proposed public-private 66 partnership contract must be approved by the Governor and 67 Cabinet sitting as the Board of Trustees of the Internal 68 Improvement Trust Fund in order to be legally binding on the 69 State of Florida. 70 Section 2. This act shall take effect upon becoming a law. 71 72 ================= T I T L E A M E N D M E N T ================ 73 And the title is amended as follows: 74 Delete everything before the enacting clause 75 and insert: 76 A bill to be entitled 77 An act relating to the development of oil and gas 78 resources; authorizing a land management agency to 79 enter into a public-private partnership with a 80 business entity to develop oil and gas resources upon 81 certain onshore state lands if the development yields 82 near-term revenues for the state; providing that the 83 financial, technical, and operational risk for the 84 exploration, development, and production of oil and 85 gas resources is the responsibility of the private 86 business entity; requiring that a business entity 87 seeking a public-private partnership contract submit a 88 business proposal to the agency for review; specifying 89 the information to be included in the business 90 proposal; providing criteria for the agency to use in 91 selecting the exploration proposal by a business 92 entity; requiring that the geophysical data and the 93 subsequent interpretation be made available to the 94 agency or its representative for review but remain in 95 the possession of the business entity; providing 96 criteria for the public-private partnership contract; 97 requiring a proposed public-private partnership 98 contract to be approved by the Governor and Cabinet 99 sitting as the Board of Trustees of the Internal 100 Improvement Trust Fund; providing an effective date. 101 102 WHEREAS, the exploration and development of oil and gas 103 deposits under onshore lands owned by a board, department, or 104 agency of the state may provide the opportunity to produce 105 higher, near-term revenues to the state, and 106 WHEREAS, the monetary reward for discovering new reserves 107 of oil and gas deposits may be significant, and 108 WHEREAS, the exploration for oil and gas deposits via 109 modern three-dimensional, geophysical seismic methods and 110 production, with its technological improvements, including 111 directional and horizontal drilling, although costly, is more 112 efficient and yields better results than older methods of 113 exploration and production employed during the past 50 years, 114 NOW, THEREFORE,