Florida Senate - 2018                                    SJR 828
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00152A-18                                           2018828__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing the creation of Section
    3         30 of Article X of the State Constitution to establish
    4         public policy against certain types of well
    5         stimulation in order to protect the state’s water
    6         resources and to prohibit extreme well stimulation;
    7         providing a penalty.
    8          
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following creation of Section 30 of Article X of
   12  the State Constitution is agreed to and shall be submitted to
   13  the electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                              ARTICLE X                            
   17                            MISCELLANEOUS                          
   18         SECTION 30. Extreme well stimulation.—
   19         (a) PUBLIC POLICY. It is the policy of the state to protect
   20  and conserve the quality of this state’s water resources.
   21  Hydraulic fracturing and other forms of well stimulation present
   22  a significant and impermissible risk of contamination of these
   23  critical resources. Therefore, it is the duty of the state to
   24  prohibit these hazardous resource extraction activities within
   25  its borders.
   26         (b) DEFINITION. For purposes of this section, the term
   27  “extreme well stimulation” means all stages of a well
   28  intervention performed by injecting fluids into a rock formation
   29  in order to propagate fractures in or dissolve the rock
   30  formation to increase production at an oil or gas well by
   31  improving the flow of hydrocarbons from the formation into the
   32  wellbore. The term also includes, but is not limited to, acid
   33  fracturing, matrix acidizing, pneumatic fracturing, fracturing
   34  with dynamic loading, and other techniques the purpose of which
   35  is to physically deform the rock formation in such a manner as
   36  to significantly increase the flow of hydrocarbons from the
   37  formation into the wellbore. The term does not include routine
   38  well cleanout work; routine well maintenance; routine treatment
   39  for the purpose of removal of rock formation damage due to
   40  drilling or other well construction activity; any bottom hole
   41  pressure survey; any routine activity that does not affect the
   42  integrity of the well or the rock formation; the removal of
   43  scale or precipitate from well perforations, casing, or tubing;
   44  or a gravel pack treatment that does not exceed the formation
   45  fracture gradient.
   46         (c) PROHIBITION. Engaging in extreme well stimulation is
   47  prohibited in this state.
   48         (d) PENALTY. Any person, firm, corporation, or governmental
   49  agency, or agent thereof, refusing to comply with or willfully
   50  violating this section shall incur a fine for each offense in an
   51  amount up to $50,000 to be fixed, imposed, and collected as
   52  prescribed by law. Each day during any portion of which such
   53  violation occurs constitutes a separate offense.
   54  
   55         BE IT FURTHER RESOLVED that the following statement be
   56  placed on the ballot:
   57                      CONSTITUTIONAL AMENDMENT                     
   58                        ARTICLE X, SECTION 30                      
   59         PROHIBITION AGAINST HYDRAULIC FRACTURING AND OTHER FORMS OF
   60  WELL STIMULATION.—Proposing an amendment to the State
   61  Constitution to ban hydraulic fracturing, acid fracturing,
   62  matrix acidizing, pneumatic fracturing, fracturing with dynamic
   63  loading, and certain other types of oil and gas well-stimulation
   64  activities that deform underground rock formations; providing a
   65  penalty for violation; and providing exemptions to this
   66  prohibition for routine well cleaning, treatment, maintenance,
   67  and other routine well activities that do not affect well or
   68  rock-formation integrity.