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Senate Approves Bill That Requires Oil Contracts to Include Innovation Clauses and Allocates Resources for Research Across the Country
The Senate approved on Tuesday (20) the bill that expands the incentive for research, development, and innovation in the oil and natural gas sector. The proposal, authored by Senator Plínio Valério (PSDB-AM), was approved in a symbolic vote in the Plenary and now moves on to the analysis by the House of Representatives.
The approved text is PL 5.066/2020. It proposes changes to the Petroleum Law (Law 9.478/1997) and the Pre-Salt Law (Law 12.351/2010), reinforcing the requirement for contractual clauses aimed at research and innovation. The project also provides for the allocation of resources to research centers and scientific institutions.
Permanent Incentive for Innovation
One of the central points of the proposal is to ensure that all contracts for exploration, development, and production of oil and gas include specific clauses related to research, development, and innovation (RD&I).
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Additionally, the text allows companies to continue making voluntary investments, beyond the mandatory ones, as is already the case today.
The goal is to ensure that the Brazilian energy sector continues to invest in new technologies, both in the exploration and production of natural resources.
The project was reported by Senator Chico Rodrigues (PSB-RR), who made changes to the original text after discussions with lawmakers and representatives from universities.
Regional Distribution of Resources
The text also establishes guidelines for the distribution of resources from the RD&I Clause. After five years of the new law coming into effect, each geographical region of the country must receive at least 10% of the resources linked to the clause on a permanent basis.
This measure focuses on reducing regional inequalities, especially benefiting the North and Northeast regions, which have more limited access to research investments.
Support for the Productive Chain
Another highlight of the project is the allowance for up to 30% of the resources allocated to universities and accredited institutions to be used in business incubators or suppliers of the oil and natural gas chain. This measure aims to strengthen the ties between academic research and the productive sector.
The definition of these percentages, however, can be adjusted by the Executive Branch during the transition period outlined in the project.
Advancement in Geological Data
The project also determines the use of resources from the RD&I Clause for the collection of geological, geochemical, and geophysical data in land areas that have not yet been contracted. The intention is to expand knowledge about the country’s oil and mineral potential, especially in sedimentary basins.
This action will be regulated by the Executive Branch and will have a permanent nature, focusing on regions that are still underexplored.
Existing Exploration Regimes Maintained
The text does not alter the current exploration regimes existing in the country. The models of concession, production sharing, and onerous assignment remain valid.
In the concession model, the company retains all the extracted oil and gas. In the production sharing model, the State participates in the production as well as the profits. In the onerous assignment model, the government grants the right of exploration in exchange for a predetermined compensation.
Debate and Consensus
During the reading of the report, Senator Chico Rodrigues highlighted the extensive dialogue with lawmakers, the energy sector, and universities. According to him, the final text represents a joint effort to ensure regional development based on science and innovation.
Senator Plínio Valério praised the work of the rapporteur and received support from other lawmakers, such as Carlos Portinho (PL-RJ), who also expressed his approval of the project.
With the approval in the Senate, the project now moves to the House of Representatives, where it will be analyzed.
With information from the Senate.
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