Us Congress Senate Bill SB19

Us Congress 2023-2024 Regular Session

• Introduced: 1/23/23
• Refer: 1/23/23

Caption

Fracturing Regulations are Effective in State Hands Act or the FRESH Act This bill gives states the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding hydraulic fracturing on or under any land within their boundaries. Hydraulic fracturing or fracking is a process to extract underground resources such as oil or gas from a geologic formation by injecting water, a propping agent (e.g., sand), and chemical additives into a well under enough pressure to fracture the geological formation. Hydraulic fracturing on federal land must comply with the law of the state in which the land is located.

Impact

The introduction of SB19 holds significant implications for both state and federal regulatory frameworks. It grants states greater control over the oil and gas industry, potentially leading to a patchwork of regulations that vary significantly from state to state. Proponents argue that such local control will enable more effective regulation tailored to specific geological and environmental conditions, thereby enhancing safety and efficiency in extraction processes. On the other hand, there are concerns about the oversight capabilities of states, especially regarding the potential for inconsistent regulations that could affect environmental protections.

Summary

SB19, also known as the Fracturing Regulations are Effective in State Hands Act or the FRESH Act, aims to clarify that states have the sole authority to regulate hydraulic fracturing on federal land within their boundaries. This legislation designates states as the primary regulatory bodies for the treatment of wells, permitting states to establish and enforce their own regulations and guidelines regarding hydraulic fracturing activities. The act emphasizes that any hydraulic fracturing conducted on federal land must comply with the laws of the respective state.

Contention

Notably, there are points of contention surrounding the bill, primarily focused on the balance of authority between state and federal governments. Critics express fears that allowing states to have unilateral control over hydraulic fracturing regulations may lead to a reduction in environmental protections, especially in states with less stringent regulatory frameworks. Furthermore, some stakeholders worry that such a law could undermine federal efforts to oversee and manage public lands, leading to conflicts in regulatory approaches and possibly impacting resource management critical to federal interests.