Florida Senate - 2021                                     SB 546
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00686-21                                            2021546__
    1                        A bill to be entitled                      
    2         An act relating to well stimulation; providing a short
    3         title; amending s. 377.19, F.S.; defining the term
    4         “extreme well stimulation”; creating s. 377.2405,
    5         F.S.; prohibiting persons from engaging in extreme
    6         well stimulation; prohibiting the Department of
    7         Environmental Protection from issuing permits that
    8         authorize extreme well stimulation; prohibiting the
    9         department from authorizing certain permitholders to
   10         engage in extreme well stimulation on or after a
   11         specified date; imposing a specified fine for
   12         violations; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as the “Stop Fracking
   17  Act.”
   18         Section 2. Present subsections (4) through (32) of section
   19  377.19, Florida Statutes, are redesignated as subsections (5)
   20  through (33), respectively, a new subsection (4) is added to
   21  that section, and present subsection (5) of that section is
   22  amended, to read:
   23         377.19 Definitions.—As used in ss. 377.06, 377.07, and
   24  377.10-377.40, the term:
   25         (4) “Extreme well stimulation” means all stages of a well
   26  intervention performed by injecting fluids into a rock formation
   27  in order to propagate fractures in or dissolve the rock
   28  formation to increase production at an oil or gas well by
   29  improving the flow of hydrocarbons from the formation into the
   30  wellbore. The term also includes, but is not limited to, acid
   31  fracturing, matrix acidizing, pneumatic fracturing, fracturing
   32  with dynamic loading, and other techniques the purpose of which
   33  is to physically deform the rock formation in such a manner as
   34  to significantly increase the flow of hydrocarbons from the
   35  formation into the wellbore. The term does not include routine
   36  well cleanout work; routine well maintenance; routine treatment
   37  for the purpose of removal of rock formation damage due to
   38  drilling or other well construction activity; any bottom hole
   39  pressure survey; any routine activity that does not affect the
   40  integrity of the well or the rock formation; the removal of
   41  scale or precipitate from well perforations, casing, or tubing;
   42  or a gravel pack treatment that does not exceed the formation
   43  fracture gradient.
   44         (6)(5) “Gas” means all natural gas, including casinghead
   45  gas, and all other hydrocarbons not defined as oil in subsection
   46  (16) (15).
   47         Section 3. Section 377.2405, Florida Statutes, is created
   48  to read:
   49         377.2405 Well stimulation.—
   50         (1) A person may not engage in extreme well stimulation in
   51  this state.
   52         (2) The department may not issue an oil or gas drilling or
   53  operating permit authorizing extreme well stimulation.
   54         (3) The department may not authorize any person holding a
   55  permit issued pursuant to this chapter or rules adopted
   56  thereunder to engage in extreme well stimulation on or after
   57  July 1, 2021.
   58         (4) The department shall fix, impose, and collect a fine of
   59  up to $50,000 for each offense against any person, firm,
   60  corporation, or governmental agency, or agent thereof, refusing
   61  to comply with or willfully violating this section or any rule
   62  or order prescribed by the department thereunder. Each day
   63  during any portion of which such violation occurs constitutes a
   64  separate offense.
   65         Section 4. This act shall take effect July 1, 2021.