[Durham INC] FW: SB 76, "We Can't Frack Fast Enough" up in Sen Commerce tomorrow

[Pat Carstensen]

note what they think of local control!

Date: Mon, 18 Feb 2013 17:39:53 -0500
From: molly.diggins at sierraclub.org
Subject: SB 76, "We Can't Frack Fast Enough" up in Sen Commerce tomorrow
To: NC-CONS-FORUM at LISTS.SIERRACLUB.ORG

S 76, Domestic Energy Jobs Act is on the calendar tomorrow for Sen. Commerce, following last week's favorable vote in Sen Finance.
S 76 appears intended to spur oil and gas development by lowering the bar for environmental, landowner and local government protections.  S 76  removes a number of the safeguards from last year's fracking bill, now law, S 820; while also tacking on a provisions from last year's failed S 709. These include:



Legislative oversightNo legislative review of rules:  S 76 allows DENR to begin issuing permits March 1, 2015 regardless of the status the development of a regulatory framework by the Mining and Energy Commission, and without legislative review and approval of that framework.  This overturns a key caution in S 820: that the legislature would have to vote again before permits could be issued.

Composition of the Mining and Energy Commission:No geologist   S 76 removes the seat reserved for the State Geologist, even though NC's unique geologic features are at the heart of devising a safe regulatory framework.

No requirement for expertise in water and air resource management:  S 76 removes the requirement for the representative from the Environmental Management Commission to be knowledgeable in these areas.
No requirement for expertise in waste management  S 76 removes the requirement that the representative from the Commission for Public Health be knowledgeable in the principles of waste management.
Local controllimits the ability of local government to raise revenues to offset adverse impacts from oil and gas development  (new to S 76)Landowner protection

repeals the Landmen Registry, a safeguard in S 820 to provide accountability and so offer a measure of protection for landowners from fly-by-night "landmen" seeking to persuade landowners to sign unfavorable leases.

Groundwater protectionopens the door to disposal of  waste water in groundwater:  S 820 allowed injection of fracking fluids into groundwater for purposes of exploration and production of shale gas.  S 76 expands the exemption in a way that could be interpreted to allow disposal of chemical-laden waste water from fracking in groundwater.  Disposal of waste water is one of the most challenging unsolved obstacles to fracking in NC.

Offshore drilling: Picking up where S709 left off, S 76 allocates revenue from offshore energy exploration. Revenue sharing for energy exploration in federal waters off NC's coast is not currently available.



-- 
Molly Diggins, State DirectorNC Sierra Club19  W. Hargett Street Suite 210Raleigh NC 27601919.833-8467 molly.diggins at sierraclub.org


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