Florida Senate - 2019                                     SB 314
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00567A-19                                            2019314__
    1                        A bill to be entitled                      
    2         An act relating to advanced well stimulation
    3         treatment; amending s. 377.19, F.S.; conforming a
    4         cross-reference; defining the terms “high-pressure
    5         well stimulation” and “matrix acidization”; creating
    6         s. 377.2405, F.S.; providing legislative findings;
    7         prohibiting the performance of high-pressure well
    8         stimulation treatments or matrix acidization;
    9         clarifying that permits for drilling or operating a
   10         well do not authorize the performance of high-pressure
   11         well stimulation treatments or matrix acidization;
   12         requiring the Department of Environmental Protection
   13         to conduct a study on high-pressure well stimulation
   14         and matrix acidization; providing requirements for the
   15         study; requiring a report to the Governor and the
   16         Legislature by a specified date; requiring the
   17         department to prominently post the report on its
   18         website; providing applicability; providing an
   19         appropriation; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (6) through (10) and (11)
   24  through (32) of section 377.19, Florida Statutes, are
   25  redesignated as subsections (7) through (11) and (13) through
   26  (34), respectively, subsection (5) of that section is amended,
   27  and new subsections (6) and (12) are added to that section, to
   28  read:
   29         377.19 Definitions.—As used in ss. 377.06, 377.07, and
   30  377.10-377.40, the term:
   31         (5) “Gas” means all natural gas, including casinghead gas,
   32  and all other hydrocarbons not defined as oil in subsection (17)
   33  (15).
   34         (6)“High-pressure well stimulation” means all stages of a
   35  well intervention performed by injecting fluids into a rock
   36  formation at a pressure that equals or exceeds the fracture
   37  gradient of the rock formation in order to fracture the
   38  formation to increase production or recovery from an oil or gas
   39  well, such as in hydraulic fracturing or acid fracturing.
   40         (12)“Matrix acidization” means all stages of a well
   41  intervention performed by injecting fluids into a rock formation
   42  at a pressure below the fracture gradient of the rock formation
   43  in order to dissolve the formation and increase production or
   44  recovery from an oil or gas well. The term does not include
   45  techniques used for routine well cleanout work, routine well
   46  maintenance, routine treatment for the purpose of removal of
   47  formation damage due to drilling or production, or acidizing
   48  techniques used to maintain or restore the natural permeability
   49  of the formation near the wellbore.
   50         Section 2. Section 377.2405, Florida Statutes, is created
   51  to read:
   52         377.2405Advanced well stimulation treatments.—
   53         (1) LEGISLATIVE FINDINGS.—The Legislature finds that the
   54  integrity of Florida’s aquifer is crucial for water supply and
   55  for Florida’s natural systems. As such, the Legislature finds
   56  that high-pressure well stimulation and matrix acidization must
   57  be prohibited in this state to protect the integrity of the
   58  aquifer.
   59         (2) PROHIBITION.—The performance of high-pressure well
   60  stimulation or matrix acidization is prohibited in this state. A
   61  permit for drilling or operating a well does not authorize the
   62  performance of high-pressure well stimulation or matrix
   63  acidization.
   64         (3)STUDY.—The Department of Environmental Protection shall
   65  conduct a study on high-pressure well stimulation and matrix
   66  acidization. The study must:
   67         (a) Evaluate the underlying geologic features present in
   68  each county where the department has approved or denied permits
   69  for oil or gas wells, including the potential impact that high
   70  pressure well stimulation and wellbore construction may have on
   71  the underlying geologic features in such counties.
   72         (b) Evaluate the potential hazards and risks that high
   73  pressure well stimulation poses to surface water or groundwater
   74  resources. The evaluation must consider all of the following:
   75         1.The potential impacts of high-pressure well stimulation
   76  and matrix acidization on drinking water resources, including
   77  the main factors affecting the severity and frequency of the
   78  impacts.
   79         2.The potential for the use or reuse of recycled water in
   80  well stimulation fluids while meeting appropriate water quality
   81  standards.
   82         3. The toxicity of chemicals frequently used in these
   83  processes and an assessment of the rate of failure of wells for
   84  high-pressure well stimulation and matrix acidization on a
   85  national level.
   86         (c) Review and evaluate the potential for groundwater
   87  contamination from conducting high-pressure well stimulation or
   88  matrix acidization under or near wells that have been previously
   89  plugged and abandoned.
   90         (d)Identify a setback radius from previously plugged and
   91  abandoned wells that could be impacted by high-pressure well
   92  stimulation.
   93         (e) Review and evaluate the ultimate disposition of high
   94  pressure well stimulation fluids after use in high-pressure well
   95  stimulation processes.
   96         (f)Review and evaluate any air or land pollution
   97  associated with high-pressure well stimulation or matrix
   98  acidization.
   99         (4) REPORT.—The department shall submit a report on the
  100  findings of the study required under subsection (3), and any
  101  recommendations, to the Governor, the President of the Senate,
  102  and the Speaker of the House of Representatives by June 30,
  103  2021. The department shall prominently post the report on its
  104  website.
  105         (5) APPLICABILITY.—This section applies only to wells
  106  regulated pursuant to chapter 377.
  107         Section 3. For the 2019-2020 fiscal year, the sum of $2
  108  million in nonrecurring funds is appropriated from the General
  109  Revenue Fund to the Department of Environmental Protection to
  110  conduct a high-pressure well stimulation and matrix acidization
  111  study pursuant to s. 377.2405, Florida Statutes.
  112         Section 4. This act shall take effect upon becoming a law.