The third version of the bill features several changes from the
previous versions. For example, the threshold for reporting seismic activity
occurring near wells has been increased to require a magnitude of at least 2.7.
In addition, whereas well operators initially had to apply for a water permit
before applying for a fracking permit, operators may now apply for both permits
simultaneously. The twenty-day deadline for requesting water quality testing
has also been amended to permit residents to request testing irrespective of
whether twenty days have passed since the resident received notification that
well stimulation would occur. If the twenty-day period has passed, however, the
resident would be responsible for paying for the testing.
Multiple groups have expressed displeasure with the bill. Some
environmentalist groups have argued that the state should not permit fracking.
Even members of the oil and gas industry have noted that aspects of the bill
are problematic. The public has fifteen days to submit any comments on the
bill.
Read S.B. 4.
This post was written by Barclay Nicholson (barclay.nicholson@nortonrosefulbright.com or 713 651 3662) and Johnjerica Hodge (johnjerica.hodge@nortonrosefulbright.com or 713 651 5698) from Norton Rose Fulbright's Energy Practice Group.
