Sunday, April 26, 2015

ALERT! Fracking bills on Senate Floor Tuesday, April 28 - Calls Needed Monday!

The House will almost certainly pass the two fracking bills in that chamber Monday which means the only chance to stop them is in the Senate where they will come to the Floor on Tuesday.

On Monday, please call YOUR Senator, tell them you live in their district, and urge them to vote against SB 1468, the Fracking ‘Regulation’ bill and SB 1582, the public record exemption bill that allows fracking companies to hide the toxic chemicals they use from the public.   Phone calls are much more effective than emails.

Then, contact all the Senators who represent your county (use Ctr+F for the search function and enter your county), tell them you live in their county, and urge them to vote No on both bills.

Finally, send an email to all Senators using the aggregated addresses at the bottom of the contact information.

One more thing - please forward this alert to your networks. Thanks!

Contact information and talking points are below.  This may be the most important call you make this year.

Full Senate 2015

Sen. Joseph Abruzzo
Consists of part of Palm Beach county
Sen. Thad Altman
Consists of parts of Brevard, Indian River counties
Sen. Aaron  Bean
Consists of Nassau county and part of Duval county
Sen. Lizbeth Benacquisto
Consists of parts of Charlotte, Lee counties
Sen. Rob Bradley
Consists of Alachua, Bradford, Clay counties
Sen. Jeff Brandes
Consists of parts of Hillsborough, Pinellas counties
Sen. Oscar Braynon
Consists of parts of Broward, Miami-Dade counties
Sen. Dwight Bullard
Consists of Hendry, Monroe counties and parts of Collier, Miami-Dade counties
Sen. Jeff Clemens
Consists of part of Palm Beach county
Sen. Charles Dean
Consists of Baker, Citrus, Columbia, Dixie, Gilchrist, Lafayette, Levy, Suwannee, Union counties and part of Marion county
Sen. Nancy Detert
Consists of Sarasota county and part of Charlotte county
Sen. Miguel Diaz de la Portilla
Consists of part of Miami-Dade county
Sen. Greg Evers
Consists of Escambia, Santa Rosa counties and part of Okaloosa county
Sen. Anitere Flores
Consists of part of Miami-Dade county
Sen. Don Gaetz
Consists of Bay, Holmes, Jackson, Walton, Washington counties and part of Okaloosa county
Sen. Bill Galvano
Consists of DeSoto, Glades, Hardee counties and parts of Charlotte, Highlands, Hillsborough, Manatee counties
Sen. Rene Garcia
Consists of part of Miami-Dade county
Sen. Andy  Gardiner
Consists of parts of Brevard, Orange counties
Sen. Audrey Gibson
Consists of part of Duval county
Sen. Denise Grimsley
Consists of Okeechobee county and parts of Highlands, Martin, Osceola, Polk, St. Lucie counties
Sen. Alan Hays
Consists of parts of Lake, Marion, Orange, Sumter counties
Sen. Dorothy Hukill
Consists of parts of Lake, Marion, Volusia counties
Sen. Arthenia Joyner
Consists of parts of Hillsborough, Manatee, Pinellas counties
Sen. Jack Latvala
Consists of part of Pinellas county
Sen. Tom Lee
Consists of part of Hillsborough county
Sen. John Legg
Consists of parts of Hillsborough, Pasco counties
Sen. Gwen Margolis
Consists of part of Miami-Dade county
Sen. Bill Montford
Consists of Calhoun, Franklin, Gadsden, Gulf, Hamilton, Jefferson, Leon, Liberty, Madison, Taylor, Wakulla counties
Sen. Joe Negron
Consists of parts of Indian River, Martin, Palm Beach, St. Lucie counties
Sen. Garrett Richter
Consists of parts of Collier, Lee counties
Sen. Jeremy Ring
Consists of part of Broward county
Sen. Maria Sachs
Consists of parts of Broward, Palm Beach counties
Sen. David Simmons
Consists of Seminole county and part of Volusia county
Sen. Wilton Simpson
Consists of Hernando county and parts of Pasco, Sumter counties
Sen. Christopher Smith
Consists of part of Broward county
Sen. Eleanor Sobel
Consists of part of Broward county
Sen. Darren Soto
Consists of parts of Orange, Osceola, Polk counties
Sen. Kelli Stargel
Consists of parts of Orange, Osceola, Polk counties
Sen. Geraldine Thompson
Consists of part of Orange county
Sen. Travis Hutson
Consists of Flagler, Putnam, St. Johns counties and part of Volusia county

Talking Points
Fracking: Scope of bills
The definition of “high pressure well stimulation” excludes activities that inject toxic chemicals using less than 100,000 gallons or lower pressure than the “fracture gradient of the rock.”  The bill’s proposed regulation would not have covered the acidization treatment of the Collier-Hogan well.

Public Denied Information in time to ACT on it - They may NEVER get it.
Delay or denial of disclosure of toxic chemicals transforms the situation for members of the public from one in which they have information they can act on before chemicals are injected, even if it’s just to move away to protect their family, to one in which they might find out about the toxics after they’ve been  injected.

Disclosure Denied in SB 1468 and SB 1582
SB 1468 prevents disclosure to the public for a full year on the request of the well operator or indefinitely on the mere claim of “proprietary business information”.

Disclosure to FracFocus is not required until 60 days after the chemicals are injected and FracFocus does not publish “proprietary business information”

DEP is prohibited from disclosing chemicals when confidentiality is claimed in SB 1582.

Chemical ingredients are specifically exempted from disclosure requirements in SB 1468 if they are claimed as “proprietary business information”. 

Court process and delay in SB 1582
When a member of the public requests “proprietary business information” from DEP the delay begins:
  • 30 days for the well operator to file an action in circuit court
  • an indefinite period of time until the court date
  • any delays in the court case - discovery, depositions, continuances, etc.
  • any appeals
DEP is prohibited from releasing the information “pending the outcome of the legal action” (ll. 40-51 of SB 1582)

1468 and 1582 make it easy to Claim and Retain Confidentiality and Exemption from Disclosure
There is a very low bar to claim or retain confidentiality for “proprietary business information.”
To claim confidentiality and exemption for “proprietary business information” they are only required to:
  1. Request confidentiality
  2. Inform DEP of basis of claim (business advantage and they’ve kept it secret)
  3. Mark each  page “proprietary business information”

To retain confidentiality and exemption in court, they only have to show the information:
  1. Is owned or controlled by the applicant
  2. It is intended to be private and is treated that way to protect the business
  3. Has not been disclosed except as required  by law or through a licensing agreement
  4. Is not publicly available