Council of State Governments

Thu, 2013-03-14 05:00Steve Horn
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Florida Legislature Pushing ALEC, CSG Sham Fracking Chemical Disclosure Model Bill

Florida may soon become the fourth state with a law on the books enforcing hydraulic fracturing (“fracking”) chemical disclosure. The Florida House of Representatives' Agriculture and Natural Resources Subcommittee voted unanimously (11-0) on March 7 to require chemical disclosure from the fracking industry. For many, that is cause for celebration and applause. 

Fracking for oil and gas embedded in shale rock basins across the country and world involves the injection of a 99.5-percent cocktail of water and fine-grained sillica sand into a well that drops under the groundwater table 6,000-10,000 feet and then another 6,000-10,000 feet horizontally. The other .5 percent consists of a mixture of chemicals injected into the well, proprietary information and a “trade secret” under the Energy Policy Act of 2005, which current President Barack Obama voted “yes” on as a Senator.

That loophole is referred to by many as the “Halliburton Loophole” because Dick Cheney had left his position as CEO of Halliburton - one of the largest oil and gas services corporations in the world - to become Vice President and convene the Energy Task ForceThat Task Force consisted of the Secretaries of State, Treasury, Interior, Agriculture, Commerce, Transportation and Energy. One of its key actions was opening the floodgates for unfettered fracking nationwide.

Between 2001 and the bill's passage in 2005, the Task Force held over 300 meetings with oil and gas industry lobbyists and upper-level executives. The result was a slew of give-aways to the industry in this omnibus piece of legislation. On top of the “Halliburton Loophole,” the bill also contains an exemption for fracking from Environmental Protection Agency (EPA) enforcement of the Clean Water Act and the Safe Drinking Water Act.   

The federal-level response to closing the “Halliburton Loophole” is the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act, a bill that never garnered more than a handful of co-sponsors. 

The state-level response, the story goes, is versions of the bill that recently passed onan 11-0 bipartisan basis in a Florida state house subcommittee.

Thu, 2013-02-28 09:51Steve Horn
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ALEC Sham Chemical Disclosure Model Tucked Into Illinois Fracking Bill

Illinois is the next state on the American Legislative Exchange Council (ALEC)'s target list for putting the oil industry's interests ahead of the public interest.

98 percent funded by multinational corporations, ALEC is described by its critics as a “corporate bill mill” and a lobbyist-legislator dating service. It brings together corporate lobbyists and right wing politicians to vote up or down on “model bills” written by lobbyists in service to their corporate clientele behind closed doors at its annual meetings.

These “models” snake their way into statehouses nationwide as proposed legislation and quite often become the law of the land. 

Illinois, nicknamed the “Land of Lincoln,” has transformed into the “Land of ALEC” when it comes to a hydraulic fracturing (“fracking”) regulation bill - HB 2615, the Hydraulic Fracturing Regulation Act - currently under consideration by its House of Representatives. “Fracking” is the toxic horizontal drilling process via which unconventional gas and oil is obtained from shale rock basins across the country and the world.

HB 2615 - proposed on Feb. 21 with 26 co-sponsors - has an ALEC model bill roped within this lengthy piece of legislation: the loophole-ridden Disclosure of Hydraulic Fracturing Fluid Composition Act.

As covered here on DeSmogBlog, this model bill has been proposed and passed in numerous statehouses to dateIf the bill passes, Illinois' portion of the New Albany Shale basin will be opened up for unfettered fracking, costumed by its industry proponents as the “most comprehensive fracking legislation in the nation.“ 

Tue, 2012-12-04 14:41Steve Horn
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ALEC, CSG, ExxonMobil Fracking Fluid "Disclosure" Model Bill Failing By Design

Last year, a hydraulic fracturing (“fracking”) chemical fluid disclosure “model bill” was passed by both the Council of State Governments (CSG) and the American Legislative Exchange Council (ALEC). It proceeded to pass in multiple states across the country soon thereafter, but as Bloomberg recently reported, the bill has been an abject failure with regards to “disclosure.”

That was by design, thanks to the bill's chief author, ExxonMobil

Originating as a Texas bill with disclosure standards drawn up under the auspices of the Obama Administration's Department of Energy Fracking Subcommittee rife with oil and gas industry insiders, the model is now codified as law in Colorado, Pennsylvania, and Illinois.

Bloomberg reported that the public is being kept “clueless” as to what chemicals are injected into the ground during the fracking process by the oil and gas industry.

Thu, 2012-09-27 13:58Steve Horn
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Regulatory Non-Enforcement by Design: Earthworks Shows How the Game is Played

Earthworks Oil and Gas Accountability Project published a scathing 124-page report this week, “Breaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcement.”

The content of the report is exactly as it sounds.

That is, state-level regulatory agencies and officials often aren't doing the jobs taxpayers currently pay them to do and aren't enforcing regulations on active oil and gas wells even when required to under the law.

This is both out of neglect and also because they're vastly understaffed and underfunded, meaning they literally don't have the time and/or resources to do proper inspections.

And on those rare instances when regulatory agencies and the regulators that work for them do enforce regulations on active oil and gas wells, Earthworks demonstrated that the penalties for breaking the rules are currently so weak that it's merely been deemed a tiny “cost of doing business” by the oil and gas industry.

Sat, 2012-07-28 06:00Steve Horn
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The Real Train Wreck: ALEC and "Other ALECs" Attack EPA Regulations

When business-friendly bills and resolutions spread like wildfire in statehouses nationwide calling for something as far-fetched as a halt to EPA regulations on greenhouse gas emissions, ALEC is always a safe bet for a good place to look for their origin.

In the midst of hosting its 39th Annual Meeting this week in Salt Lake City, Utah, the American Legislative Exchange Council (ALEC) is appropriately described as an ideologically conservative “corporate bill mill” by the Center for Media and Democracy, the overseer of the ALEC Exposed project. 98 percent of ALEC's funding comes from corporations, according to CMD.

ALEC's meetings bring together corporate lobbyists and state legislators to schmooze and then vote on what it calls “model bills.” Lobbyists, as CMD explains, have a “voice and a vote in shaping policy.” In short, they have de facto veto power over whether the prospective bills they present at these conferences become “models” that will be distributed to the offices of politicians in statehouses nationwide.

For a concise version of how ALEC operates, see the brand new video below by Mark Fiore.

Thu, 2012-05-31 12:05Guest
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ALEC Slips Exxon Fracking Loopholes into New Ohio Law

This is a guest post by Connor Gibson, cross-posted from Greenpeace.

Wake up and smell the frack fluid! But don't ask what's in it, at least not in Ohio, cause it's still not your right to know. Ohio is in the final stages of making an Exxon trojan horse on hydrofracking into state law, and it appears that the American Legislative Exchange Council (ALEC) connected Exxon's lawyers with co-sponsors of Ohio Senate Bill 315: at least 33 of the 45 Ohio legislators who co-sponsored SB 315 are ALEC members, and language from portions of the state Senate bill is similar to ALEC's “Disclosure of Hydraulic Fracturing Fluid Composition Act.”disclosure of fracking fluids? On behalf of ExxonMobil?!

Thu, 2012-05-17 14:19Steve Horn
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New Shill Gas Study Published by SUNY Buffalo Institute With Heavy Industry Ties

When does a study on the unconventional shale gas industry become a “shill gas study”? The quick answer: when nearly everyone writing and peer reviewing it has close ties to the industry they're purportedly doing an “objective” study on.

The newest kid on the block: a recent study published by SUNY Buffalo's Shale Resources and Society Institute, titled, ”Environmental Impacts During Shale Gas Drilling: Causes, Impacts and Remedies.”

The four co-authors of the “study” all have backgrounds, directly or indirectly, in the oil and gas industry:

Wed, 2012-05-02 10:04Steve Horn
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ALEC Wasn't First Industry Trojan Horse Behind Fracking Disclosure Bill - Enter Council of State Governments

19th Century German statesman Otto von Bismarck once said, “If you like laws and sausages, you should never watch either one being made.”

The American Legislative Exchange Council (ALEC), put on the map by the Center for Media and Democracy in its “ALEC Exposed” project, is the archetype of von Bismarck's truism. So too are the fracking chemical disclosure bills that have passed and are currently being pushed for in statehouses nationwide.

State-level fracking chemical disclosure bills have been called a key piece of reform in the push to hold the unconventional gas industry accountable for its actions. The reality, though, is murkier.

On April 21, The New York Times penned an investigation making that clear. The Times wrote:

Last December, ALEC adopted model legislation, based on a Texas law, addressing the public disclosure of chemicals in drilling fluids used to extract natural gas through hydraulic fracturing, or fracking. The ALEC legislation, which has since provided the basis for similar bills submitted in five states, has been promoted as a victory for consumers’ right to know about potential drinking water contaminants.

A close reading of the bill, however, reveals loopholes that would allow energy companies to withhold the names of certain fluid contents, for reasons including that they have been deemed trade secrets. Most telling, perhaps, the bill was sponsored within ALEC by ExxonMobil, one of the largest practitioners of fracking — something not explained when ALEC lawmakers introduced their bills back home.

The Texas law The Times refers to is HB 3328, passed in June 2011 in a 137-8 roll call vote, while its Senate companion bill passed on a 31-0 unanimous roll call vote. Since then, variations of the model bill have passed in two other key states in which fracking is occuring.

Like dominos falling in quick succession over the following months, ColoradoPennsylvania and, most recently, the Illinois Senate passed bills based on the ALEC model. Louisiana also has introduced a similar bill. 

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