ALEC Sham Chemical Disclosure Model Tucked Into Illinois Fracking Bill

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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 publicย interest.

98 percent funded by multinational corporations,ย ALEC isย described by its critics as a โ€œcorporate bill millโ€ and a lobbyist-legislator dating service. It brings together corporate lobbyists and right wing politicians to vote up or down on โ€œmodel billsโ€ written by lobbyists in service to theirย corporateย clienteleย behind closed doors at its annual meetings.

These โ€œmodelsโ€ snake their way into statehouses nationwide as proposed legislation and quite often become the law of theย land.ย 

Illinois, nicknamed the โ€œLand of Lincoln,โ€ has transformed into the โ€œLand of ALECโ€ when it comes to a hydraulic fracturing (โ€œfrackingโ€) regulation bill – HB 2615, the Hydraulic Fracturing Regulation Actย – currently under consideration by its House of Representatives. โ€œFrackingโ€ is the toxic horizontal drilling process via which unconventional gas and oil is obtained from shale rock basins across the country and theย world.

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

As covered here on DeSmogBlog, this model bill has been proposed and passedย in numerous statehouses to date.ย If the bill passes, Illinois’ portion of the New Albany Shale basin will be opened up forย unfetteredย fracking, costumed by its industry proponents as the โ€œmost comprehensive fracking legislation in the nation.โ€œย 

โ€œIf At First You Don’t Succeed, Dust Yourself Off and Tryย Againโ€

This isn’t ALEC‘s first fracking-related crack at getting aย model bill passed in Illinois.ย In 2012, theย Disclosure of Hydraulic Fracturing Fluid Composition Act – introduced asย SB 3280ย passed unanimously by the Illinois Senateย but never passed the House.ย 

SB 3280 isn’t merely an ALEC model, but is a Council of State Government’s (CSG) model, too, as covered here on DeSmog.

The โ€œdisclosureโ€ standards’ origins lay in the Obama Department of Energy’s (DOE) industry-stacked fracking subcomittee, formed in May 2011 โ€œtoย study the practice of hydraulic fracturing (fracking), and determine if there are ways, or even a necessity, to make it safer for the environment and publicย health.โ€ย 

As exposed byย The New York Times in April 2012, theseย โ€œdisclosureโ€ standards were originally written by ExxonMobil, first passed in Texas in June 2011, and now serve as both an ALEC and CSG model bill for the states. I say โ€œdisclosureโ€ – as opposed to disclosure – because the bill includes loopholes for โ€œtrade secrets,โ€ ala the โ€œHalliburton Loopholeโ€ written into the industry-friendly federal Energy Policy Act ofย 2005.ย 

Section 77 ofย HB 2615, titled โ€œChemical disclosure; trade secret protection,โ€ also includes the same trade secrets exemption from the ALEC/CSG ExxonMobil-written modelย bill.ย 

Ever persistent, ALEC has takenย the late pop divaย Aaliyah’sย words to heart with regards to chemical fluids โ€œdisclosure,โ€ย at first not succeeding and dusting itself off and trying again.ย 

The FracFocusย Faรงade

The oil and gas industry has chosen FracFocusย as the entity to oversee the chemical disclosure process.ย An August investigation by Bloomberg Newsย revealed thatย FracFocus offers the faรงade of disclosure while the industry tramples roughshod over communities nationwide.ย ย 

โ€œEnergy companies failed to list more than two out of every five fracked wells in eight U.S. states from April 11, 2011, when FracFocus began operating, through the end of last year,โ€ wrote Bloomberg. โ€œThe gaps reveal shortcomings in the voluntary approach to transparency on the site, which has received funding from oil and gas trade groups and $1.5 million from the U.S. Department ofย Energy.โ€

In reality,ย FracFocusย is a public relations front for the oil and gas industry, as we reported here in Dec. 2012, explaining,ย 

FracFocusdomain is registered by Brothers & Company, a public relations firm whose clients include Americaโ€™s Natural Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation – a front group for Chesapeakeย Energy.

Another Nov. 2012ย Bloombergย investigation revealed that oil and gas corporations โ€œclaimed trade secrets or otherwise failed to identify the chemicals they used about 22 percent of the time,โ€ according to itsย analysis of FracFocus data for 18ย states.

Cosponsors Tied to ALEC, CSG

Five of the 26 Illinois House cosponsors are ALEC members: Reps. David Reis (R-119), Mike Fortner (R-95), Jil Tracy (R-93), Dennis Reboletti (R-97), and Patricia Bellockย (R-94).ย 

Further, three more cosponsors have ties to CSG. Rep. Ann Williams (D-11)ย and Rep. Pam Roth (R-75)ย both attended CSG Midwest‘s 2012ย Bowhay Institute for Legislative Leadership Development (BILLD). Two of theย sponsors of BILLD in 2012 included BP America and Enbridge Energy. Another, Rep. Naomi Jakobsson (D-97), is a 2005 CSG Midwest BILLD alumni.

The bipartisan โ€œgroup of 26โ€ย took a total of $53,060 before the Nov. 2012 election, data collected from theย National Institute on Money in State Politics shows. ย ย ย ย ย 

How Will IL Regulate Fracking with 12ย Inspectors?

Democratic Gov. Pat Quinn’s 2012 budget included Department of Natural Resources (DNR)ย cuts to the tune of 13.5-percent for fiscal year 2013. The DNR is the regulatory body tasked to referee the fracking process under HB 2615, an agency which in the past decade has lost over half of its budget.ย 

โ€œOur agency has essentially been cut in half over the last decade.ย There are a lot of ramificationsโ€ฆYou’re going to see a noticeable difference in the maintenance. It won’t be the fault of the people that work for us,โ€ย DNR Director Marc Millerย said at a Feb. 2012 public forumย in aย foreshadowing manner. โ€œIt will be because we don’t have theย resources.โ€

There are 12 inspectors in IL to oversee fracking regulation enforcement, among myriad other regulatory duties, down from 28 in 2005, as revealed in a recent Freedom of Information Act conducted by ProPublica.

โ€œWhat we are looking for is a sustainable solution,โ€ Miller said at the public forum. โ€œWe want to get to the point of having revenue we can count on to plan and to be able to do the programs we’re supposed to do for theย public.โ€

Yet Miller believes more DNR cuts from Quinn are in the worksย in forthcomingย budgets.

Earthworks pointed out in a Sept. 2011 report titled, โ€œBreaking All the Rules: the Crisis in Oil & Gas Regulatory Enforcementโ€œย that numerous states – akin to Illinois – are vastly understaffed, underfunded and unable to do their jobs to protect the public. Predictably, this has led to under-enforcement, lending the oil and gas industry a free pass to contaminate withoutย accountability.

And even with enforcement, Earthworksย pointed out thatย because the penalties for breaking the law are so minimal, the industry simply passes this off as a tiny โ€œcost of doingย business.โ€

Bill Endorsed by Sierra Club/NRDCย 

Despite this reality, two major green NGOs – the Sierra Club and the Natural Resources Defense Council (NRDC) –ย have come out in cautious support of theย bill.ย 

โ€œNRDC is working to transition as quickly as possible to a clean energy future based on energy efficiency and renewable energy, but as long as we have to have dirty fossil fuels, our communities need the strongest rules in place,โ€ NRDC‘s Henry Henderson wrote in blog post, offering the important caveat that โ€œThose rules are only as good as their enforcement, which needs to be robust and strict. And that is another issue that we will be following if this bill movesย forward.โ€

No concerns are raised about Section 25 of the billย dealing with setbacks andย prohibitions.

This sectionย lends the industry the ability to conduct fracking operations within 1,500 feet of groundwater sources and 500 feet of schools, houses, hospitals, nursing homes, and places of worship. It also enables the industry to frack within 300 feet of rivers, lakes, ponds and reservoirs.ย ย ย 

These regulations do not take into account the fact that the horizontal drilling portion of the fracking process extends between 5,000 and 10,000 feet. The sobering reality: none of these things would be protected under this bill’s current language.ย 

Sierra Club, which came under fire last year for taking $26 million from gas giant Chesapeake Energy to fight against coal, sang a similarย tune.

โ€œWe may not be able to decide whether fracking comes to Illinois, but we absolutely must decide to make sure we are as protected as we can be,โ€ Sierra Club’s Jack Darin concluded on The Huffington Post, despite the fact that fracking has yet to begin in theย state.ย 

Other Groups Call for a Moratorium, Support Alternativeย Billย 

Other groups are fighting for a different recently-introduced moratorium bill, SB 1418,ย which has one sponsor so far, Sen. Mattie Hunte (D-94).

That effort is being led by the Illinois Coalition For A Moratorium on Fracking, whose members includeย Southern Illinoisans Against Fracturing Our Environment (SAFE),ย MoveOn.org Illinois,ย Progressive Demcrats of America (PDA) Chicago and Illinois,ย Stop the Frack Attack on IL, Rising Tide, and Rainforest Action Network (RAN)ย Chicago.ย 

โ€œThe moratorium will allow two years for a science-based investigative task force to look at current and ongoing studies on fracking,โ€ the Coaliton’s press release in support of SB 1418 reads. โ€œAs new research continues to uncover more harmful effects of high-volume fracturing, both in the surrounding area and to the climate, ICMF, SAFE, and many other environmental organizations are committed to supporting studies on theย procedure.โ€

SAFE, one of the Coalition members, will play host to a one-day summit called โ€œThe Fracking Truthโ€ on Mar. 1 to rally people in support of the moratoriumย bill.

Photo Credit: ShutterStock |ย Tom Grundyย ย 

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Steve Horn is the owner of the consultancy Horn Communications & Research Services, which provides public relations, content writing, and investigative research work products to a wide range of nonprofit and for-profit clients across the world. He is an investigative reporter on the climate beat for over a decade and former Research Fellow for DeSmog.

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