Emotions ran high at one of Estero’s recent town meetings.
On Nov. 23, the Estero Village Council heard Rep. Ray Rodrigues, R-Estero, explain his bill in the Florida House, which would give the state sole power to regulate hydraulic fracturing (“fracking”) and other oil and gas operations.
The bill would effectively allow the practice of fracking within the town limits of Estero.
HB 191, sponsored by Rodrigues, and Senate Bill 318, sponsored Sen. Garret Richter, would preempt local governments from passing any new local zoning ordinances to ban fracking. Neighboring Bonita Springs, Florida, passed such a zoning ordinance in July.
“A county or municipality may, however, enforce an existing zoning ordinance adopted before Jan. 1, 2015, if the ordinance is otherwise valid,” according to both bill texts.
The Village Council is in favor of “home rule” which allows cities to regulate land use, thereby adopting more stringent standards for their communities.
Under the legislation, the state would regulate exploration, development, production, storage and transportation of oil and gas.
The bill calls for a $1 million appropriation to fund a scientific, peer-reviewed study to determine the safety of fracking in Florida, which has a unique geology.
The bill is causing two concerns: a loss of power at the local government level, and environmental safety.
Florida has softer, porous limestone rock that does not require hydraulic fracturing to extract natural gas, according to Jennifer Hecker, Director of Natural Resource Policy at the Conservancy of Southwest Florida.
She said that dissolving the rock with acid would more appropriate, but the Conservancy of Southwest Florida is against any fracking taking place anywhere in Southwest Florida.
Jennifer Hecker speaking on fracking in Southwest Florida (video): Click here
Certain information would have to be disclosed too.
The bill requires that service providers, vendors and well operators report certain information to the Department of Environmental protection.
HB 191 states that certain information will be disclosed to the DEP, and the DEP would have to disclose that information to the national chemical registry.
Rodrigues told the Village of Estero that negotiations with Florida League of Cities and Florida Association of Counties are taking place to determine what authority local governments will have.
He also said that the DEP will not issue any fracking permits to any company until they are screened by it.
After presenting the bill and taking questions from the council members, Rodrigues walked out before hearing public comment on his proposed legislation. Residents of Estero are unanimously against fracking in Estero.
Residents, along with Ray Judah, Coalition Coordinator of the Florida Coastal and Ocean Coalition, also made negative comments about Rodrigues’s premature departure.
Ray Judah comment: Click here
Rodrigues said that he disagrees with Judah’s comment. He said that he was invited by the Village Council to present his bill and respond to any questions the council members had. Rodrigues felt that he accomplished his goal at the meeting.
One resident made several comments on a previous fracking operation that took place in neighboring Collier County.
In 2014, Dan A. Hughes Company shuts down a “fracking” operation it had in Collier County.
Check out Kyle Dabrow's Collier Hogan Story: Click here
A representative from The Conservancy of Southwest Florida commented on the Collier Hogan well operations. A total of two operations took place. One operation was an acid stimulation operation, and the other was a hydraulic fracturing operation.
Those operations lead the DEP to eventually shut down the Collier Hogan site. The DEP found that the Hughes Co. was practicing an unapproved, unconventional drilling technique.
Caitlin Weber, policy analyst of the Conservancy of Southwest Florida, addressed to the council explaining that the low pressure acid stimulation, which was the first operation, performed at the Collier Hogan Well would not be covered by the proposed legislation.
Weber said the DEP inspector at the Collier Hogan Well sent a notice to the DEP to immediately stop the hydraulic fracturing operation, which was the second operation. However, DEP inspectors are not granted the authority to immediately stop operations. The order would have to come from straight from the DEP.
Residents of Estero are concerned that chemicals used in fracking will contaminate their water supply. At the meeting, many residents commented the importance of water in Estero.
In nearby unincorporated Lee County sits land that is designated Density Reduction/Groundwater Resource (DR/GR). The DR/GR protects the water tables near Estero, giving residents access to clean drinking water.
Residents and environmentalists are worried about the waste water from fracking, because the water, contains chemicals that would contaminate the ground water if it is leaked into the water tables.
“What if we wake up one day and say all our water is poisoned in the area,” said Katy Errington, Estero Council member.
In light of these concerns, the Village of Estero Council is considering an ordinance to ban fracking, in spite of the threat that the new legislation could invalidate it.
The Village of Estero Council reconvenes on Dec. 2, and will announce its decision about a proposed ordinance.
To stay up to date on HB 191 click here