HYDRAULIC FRACTURINGand

LIQUID PROPANE FRACKING

for Natural Gas

Issues for Local Government and Community Consideration

April 2012

COMPETING INTERESTS AND ISSUES

Are they accurate and reliable? Are they mutually exclusive or can they be reconciled?

Cheaper Fuel Jobs and TrainingIncome for Landowners Greener than Oil and CoalRevenue for Local Communities and New York StateReduced Reliance on Imported Oil/National Security Implications

Impacts on Water, Public Health and SafetyInfrastructure Maintenance Costs

Financial Impacts and BurdensCharacter of the Community

Advocacy and ActionsQuality of Life

Vs.

U.S.A. SHALE GAS MAP

WHERE ARE THE GAS RESERVES IN NEW YORK?

Marcellus Shale• Finger Lakes• Southern Tier• Current focus

Utica Shale• Albany to

Buffalo• Includes

Monroe County• Future interest • Depends upon

the price of natural gas and the cost of deeper drilling

What is High Volume Hydraulic Fracturing or

Hydrofracking?

Hydrofracking is a water-based process used by gas companies to extract natural gas trapped in shale formations.

Shale is a fine-grained sedimentary rock formed from the compaction of silt and clay-size mineral particles we commonly call

“mud”. Shale (“mudstones”) has many layers and splits readily into thin pieces.

THE HYDROFRACKING PROCESS

Older method of drilling vertical well shafts

Newer method for deep well drilling high pressure, high volume

horizontal drilling in use for about a decade

Average Well Depth in the Marcellus Shale is 5,300 ft.(more than 4 times the height of the Empire State Building)

DRILLING MODELS

Well Pad Construction Site~ 4 to 10 wells/2.5 acre pad ~ 2 to 8 weeks to construct

~3 weeks to hydrofrack

HYDROFRACKING PAD

THE PROCESS (cont.)High Volume Hydraulic Fracturing (HVHF)

For deep shale deposits Uses high pressure infusions of

water sand chemical additives

Fractures the rock to allow natural gas to flow

GRAPHIC OF HYDRAULIC FRACTURING

FRACKING FLUID

Water, sand, and chemicals = fracking fluid; specific composition depends upon the conditions of the specific well being fractured

Friction-reducing additives create “slickwater” to allow the fracturing fluids to be pumped at a higher rate and reduced pressure vs. plain water

Sand allows the fractures to remain open so the gas can escape

Slickwater Ratio: 98% to 99.5% water, 0.5% to 2% additives (U.S. Department of Energy)

FRACKING FLUID (cont.)

Some of the toxic and hazardous materials used in hydrofracking are known carcinogens and/or can cause other health problems in humans and animals,

e.g. kerosene, benzene, toluene, ethylbenzene, xylene, and formaldehyde

Low level radioactive tracers may be used in the process

Flowback (wastewater) may contain other toxic and hazardous materials difficult to dispose of naturally occurring radioactive material (NORM) heavy metals and chlorides

CHEMICAL ADDITIVES Disclosure: gas companies withheld

the ingredients as proprietary information, but governmental and public demands led to disclosure.

From a public health perspective, posting the contents of fracking fluid and flowback is useful but insufficient.

Loopholes in federal law have excluded oil and gas companies from regulation of toxic and hazardous material.

A NEW ALTERNATIVE PROCESS:LIQUID PROPANE FRACKING

Injects propane gel under high pressure into shale instead of water

Uses 90% propane and a diester phosphoric acid gelling agent for viscosity to carry chemicals and sands

Propane gasifies and returns to the surface during the process, leaving the chemicals behind

Recovered propane is sold or reused; propane is more expensive initially, though it can be resold.

LPG Well Pad

inside climate news: GasFrac

Comparison of fracking methods

LPG FRACKINGQuestions and Concerns

No empirical analysis or scientific study yet

Liquid propane is highly combustible

Requires large quantities of additional but different chemicals, currently unknown

Potential problems with migration of methane and other chemicals into groundwater?

LPG FRACKINGQuestions and Concerns (cont.)

Heavy industrial compressors may be needed on site to re-condense returned propane for reuse initially; may contribute to air pollution

Uses about one quarter the number of truck trips of water-based fracking, thus less impacts on roads, neighbors, and company costs

Propane is more expensive initially, though it can be resold

STATUS OF PROPANE FRACKING IN NEW YORK STATE

Landowner group has an agreement with gas drillers

Is it included under the current state moratorium?

Chevron tested this process—says it has economic and environmental performance potential

Initially the LPG method can cost 20-40% more than water fracking, but this doesn’t include ongoing costs for HVHF water handling and disposal

Further testing and study are needed. Will a NYSDEC environmental study be required?

NY has a source of propane via a pipeline that runs from Pennsylvania through the heart of the Marcellus Shale in the Southern Tier en route to New England

ECONOMIC BENEFITS VS. ENVIRONMENTAL IMPACTS

From the perspective of gas companies, the HVHF method has economic benefits, i.e. fewer wells are needed to access trapped natural gas; however, significant community concerns about negative environmental and health impacts exist.

PUBLIC SAFETY Hydraulic Fracturing

Accidents and aging of sites happen. What mitigations will matter?

How will on-site accidents and aging wells impact groundwater and aquifers, surface water resources, public water systems and private well water?

What about air quality from burn-off during the process, e.g. methane, and evaporation from on-site flowback storage ponds?

The experience of other states is informative.

TAP WATER WITH METHANE CONTAMINATION

Shery Vargson, Granville, PA, since June 2010

Site preparation with zero discharge: berm and decking material over 2/3 of the 2.5 acre pad

Pre-drilling water testing to 4000 ft.

Closed-loop system for drilling

7 layers of cement and pipe casing

List of additive chemicals posted on site

Marcellus Shale Gas Development DRILLING AND PUBLIC SAFETY

Presented by Chesapeake EnergyFebruary 22, 2012, New York Association of Towns Meeting

PUBLIC SAFETYChesapeake Energy Presentation (cont.)

“Flowback“ water: recycle, storage, transportation, treatment, discharge

Safe work Practices: equipment built to industry standards and routine inspections

Emergency Response Plan: use third party contractor, train local first responders, 24 hour emergency contact number, Incident Command System used

Reclamation: restore site surface, fill well with concrete

“Brownfield” and groundwater contamination concerns not addressed

PUBLIC SAFETYNY Local Government’s Primary Responsibility

Drinking Water: This issue is not just about the potential environmental, health and financial costs to communities or the perceived economic and energy benefits to individuals, our communities and the State of New York; clean, safe drinking water is about life itself.

Huge Volume of Water Needed for the Process: 1.5 to 5 million gallons/well (other estimates are higher, e.g. 3 to 9 million gallons/well). Wells may be fractured up to 18 times.

Monroe County Water Supply

PUBLIC SAFETY (cont.)

Pre-Drilling Testing of Public Water vs. Well Water

Waste Water Treatment Capability and Capacity

Seismic Activity: Infusion Wells for Disposal of Waste Water (recent earthquakes in Ohio led to new restrictions and regulations)

Recycling Waste Water: Reuse in Drilling and Post Drilling Uses, e.g. brine for snow and ice control

Disposal of drilling waste material in local landfills? Will this create a “brownfield” condition?

PUBLIC SAFETY (cont.) Hazardous Material: Type and

Volume, Public Notice (Ground Water Protection Council/Interstate Oil and Gas Compact Commission website: www.fracfocus.org now; site specific information on the New York State Department of Environmental Conservation (NYSDEC) website in the future: www.dec.ny.gov)

Impact on Human and Animal Health

Impact on Agriculture, e.g. the wine industry

Emergency Management and Local Emergency Responder Training

Traffic Congestion, Safety and Control

INFRASTRUCTURE

Traffic Volume and Loaded Vehicular Weight Approximately 500 one-way trips per well for all three

phases of a gas well—drilling, fracking, maintenance and disposal. With 3 to 10 wells/pad, total truck trips can run between 3,000 to 10,000.

Some trucks weigh as much as 80,000 to 100,000 lbs. when fully loaded with water or sand

Capacity of Current Infrastructure

Road Construction and Maintenance Consider Road Use and Preservation Laws Cannot charge a fee for use of public roads, but can seek

damages Establish a baseline via an engineering evaluation Consider Road Use Agreements/Contracts: voluntary

negotiations to address impacts to roads; not all gas companies will enter into such agreements

INFRASTRUCTURE

De-icing Material

Hydrofracking Waste and Wastewater Storage, Transportation, Treatment and Disposal

NORM (Naturally Occurring Radioactive Material): Comes up in the flowback; NYSDEC says more study is needed

FINANCIAL ASPECTS

Increased Public Costs for Infrastructure/Roads and Bridges, Public Safety Services, Water, Waste Water Treatment, Landfills, Public Health Services

Voluntary Road Use Agreements Some agreements provide for gas companies to construct new

roads to meet vehicle weight and trip frequency demands

Some agreements provide for repair of roads

Impact on Property Values for Homes with Contaminated Wells/Drinking Water, and Agricultural Industries Dependent upon Clean Water

FINANCIAL ASPECTS (cont.)

State Taxing Options and Status:

New York has no Severance Tax

Property Tax Implications Taxes Paid by Landowners Taxes or Other Payments by Gas and

Drilling Companies Tax Abatements and Exemptions from

IDAs ? Compulsory Integration

PROPERTY TAXATION AND COMPULSORY INTEGRATION

Presented by NYS Dept. of Taxation and Finance, and Hinman Straub, PC, February 22, 2012, NY Association of Towns Meeting

Valuation:

14,000 active wells in NYS now, “income approach” is the most applicable using a discounted rate to convert projected income.

The economic unit includes everything except the land.

For a copy of the presentation, visitwww.tax.ny.us/research/property/valuation/oilgas/index.html

PROPERTY TAXATION ANDCOMPULSORY INTEGRATION (cont.)

Compulsory Integration:

Relates to subsurface factors, NYSDEC requires at least 60% control of property, income/expense options for landowners with and without leases, not a “taking”

For more information, visit www.dec.ny.gov/energy/1594.html

MORTGAGE ISSUES

Residential mortgages contain a provision prohibiting hazardous activity and the release of hazardous substances. A residential property owner may be in default by merely entering into a drilling lease.

People who have signed oil and gas leases may find it more difficult to borrow against the property--for a second mortgage, to refinance loans, or to purchase property that is subject to a gas lease.

MORTGAGE ISSUES (cont.)

If a buyer cannot get a mortgage and the seller cannot sell the property otherwise, then the property value would likely decrease significantly, impacting personal equity and property tax revenues.

US Department of Agriculture: the rural loans program may no longer finance homes with gas leases, and the NYDOA is now considering requiring an extensive environmental review before issuing mortgages to people who have leased their land for oil and gas drilling.

ECONOMIC CONSIDERATIONS

Low cost natural gas and gasoline in the USA compared with much higher costs in Europe and Asia

US Department of Energy has approved exporting natural gas to Europe and Asia via new pipelines to terminals on the Gulf Coast and East Coast.

Companies outside of the USA are acquiring US natural gas companies or shares of companies, increasing international control of our natural gas resources.

Domestic and foreign companies will extract our natural gas and sell the product abroad at a higher profit, but we won’t achieve the shift to greener energy we seek in the USA.

ECONOMIC CONSIDERATIONS (cont.)

An “all of the above” transition makes sense now (if natural gas can be extracted safely), but neither that nor “drill baby drill” are true energy policies.

The USA needs to become more self reliant and use clean, sustainable energy resources, e.g. solar and wind, in the interest of our economy, national security, and environmental safety and health.

NYS needs to have an energy policy as it relates to taxation, subsidies, regulations, monitoring and enforcement, local considerations, etc.

TRANSPORTATION USING COMPRESSED NATURAL GAS (CNG)

Trucks, buses, and other large vehicles have the physical space to hold CNG tanks

Cars are already designed for CNG

No current distribution system exists in the U.S.A.

CNG fueling stations will need to be installed across the country.

There is no national policy to facilitate this transition.

CHARACTER OF THE COMMUNITY

Zoning Laws

Comprehensive Plans

Environmental Protection Overlay Districts (EPODs)

Citizen Participation

NYSDEC Consideration During Permit Application Reviews

QUALITY OF LIFE

Water Resources

Traffic Congestion

Local Jobs

Accommodations for Out-of-area Workers

Training of Local Residents – Community Colleges, other

QUALITY OF LIFE (cont.)

Timeline for Construction of Drilling Sites (about 4 to 6 weeks)

Site Maintenance

Percentage of Wells That Are Productive

Lifespan of Wells (20-30 years), Closure, and Mitigation Measures

LEGAL ACTIONSNYS Supreme Court Decisions on Home Rule vs. Preemption

Anschutz Exploration Corporation v. Town of Dryden*

Cooperstown Holstein Corporation v. Town of Middlefield

Both ruled in favor of municipal Home Rule, i.e. “…local governments may exercise their powers to regulate land use to determine where within their borders gas drilling may or may not take place, while DEC regulates all technical operational matters on a consistent statewide basis in locations where operations are permitted by law.”

LEGAL ACTIONS (cont.) NYS Attorney General v. US

Government

Complaint: Army Corps of Engineers and other federal agencies failed to commit to a full environmental review of proposed regulations in the Delaware River Basin.

Response: Delaware River Basin Commission is a multi-state but not a federal agency and the EPA is studying the possible impact of hydrofracking on water quality.

Result: No court decision has been made at this time.

dSGEIS: What Wasn’t Included in the Study

The draft Supplemental Generic Environmental Impact Statement (dSGEIS) has many deficiencies, and the NYSDEC is currently reviewing more than 61,000 comments. The draft SGEIS:

DOES NOT prohibit the use of toxic and carcinogenic chemicals in the fracking process;

DOES NOT prohibit drilling in or around all aquifers in order to protect everyone’s drinking water;

DOES NOT contain a health impact assessment;

DOES NOT have a comprehensive cumulative impact analysis but, instead, only looks at impacts on a well pad-by-well pad basis;

DOES NOT look at pipeline and compressor station impacts;

 

dSGEIS: What Wasn’t Included in the Study (cont.)

DOES NOT protect drinking water infrastructure; DOES NOT close the hazardous waste loophole,

which allows hazardous fracking waste to be sent to our ill-equipped sewage treatment plants and municipal landfills;

DOES NOT prohibit spreading fracking wastes on roads;

DOES NOT address the potential for seismic impacts; DOES NOT consider mortgage lending impacts on

properties with drilling leases; and DOES NOT respect local zoning (but NYS Supreme

Courts have ruled in favor of Home Rule for land use decisions

Said propane fracking was “not mature enough” to support drilling in New York; will review when NYSDEC gets a proposal

A POTENTIAL NYSDEC REGULATORY APPROACH

Presented by the NYSDEC, February 22, 2012 NY Association of Towns Meeting

Supplemental Generic Environmental Impact Statement (SGEIS): following review of approximately 61,000 comments, the FGEIS (final statement) will be issued and Findings made

NYSDEC regulates activity: high volume, horizontal drilling, large well pads

Will apply to all such activity, including the Marcellus Shale and Utica Shale

Concerns: well pads crowded with people, large amount of water used, industrial activity; water contamination, ecosystems and wildlife, air quality, greenhouse gas emissions, naturally occurring radioactive material (NORM)

DRAFT REGULATIONS (cont.) Will local governments be able to do their own

environmental review (EIS)? NO, but NYSDEC will include local input in decision making on permits

Mitigation and conditions: Storm Water Regulations; Road Use Agreements; pad setbacks; supplemental permit conditions; no water contamination; not in flood plains, New York City and Syracuse watersheds, state lands (local governments will decide if they wish to allow leases local public lands)

Spreading of brine for snow and ice control can’t be done without further study re: chemicals and NORM

Community Character: NYSDEC will use a consultation procedure for local governments to advise on this aspect, and based upon the advice, NYSDEC will slow down the permitting process on certain applications

Anticipate a NYSDEC decision in 2012; April 1, 2012?

OTHER STATE ACTION?

Extend the moratorium until further studies can prove that HVHF can be done safely

NYS Legislature and Governor – legislation on local control (yea or nay)

Funding for NYSDEC staffing to review permit applications, monitor projects, and enforce regulations

Enforcement penalties for violations, damages – to the state, to local governments, to individuals

HOME RULE AND SHALE GAS DEVELOPMENT PERSPECTIVES

Presented by Attorneys on Both Sides of the Issue February 22, 2012, New York State Association of Towns Meeting

Municipal Perspective:

Post roads – local law based upon existing authority, can deal with weight but not frequency

Voluntary agreements – build in mitigation measures via NYSDEC and local conditions, but is subject to voluntary negotiations

Local Road Use and Preservation Laws – regulates all traffic that can damage roads, but consider Home Builders lawsuit, should have an engineering baseline

HOME RULE AND SHALE GAS DEVELOPMENT PERSPECTIVES (cont.)

Zoning re: gas drilling – recent lawsuits favor municipal Home Rule

General zoning – statutory authority, NYS legislative history of not preempting local Home Rule, Comprehensive Plans have standing, Court of Appeals said land use decisions override business operations via zoning, police powers support Home Rule, can have local laws that apply generally to all and only incidentally impinge on a particular industry, e.g. gas

NYSDEC permitting process – send panel concerns now

HOME RULE AND SHALE GAS DEVELOPMENT PERSPECTIVES (cont.)

Industry Perspective:

Local governments have authority over roads, property tax, and general applicability, but not specific preemption for gas and oil.

ACTIONS LOCAL GOVERNMENTS CAN TAKE

Exercise and Protect Home Rule Authority

Hold Informational Meetings and Public Hearings

Enact a Moratorium: allows time for study and to decide what actions may be needed to protect the community in the future; more effective if a moratorium is enacted before NYSDEC issues permits

Consider Amending the Zoning Code and Other Local Land Use Regulations, and/or banning Hydraulic Fracturing and Related Activities

ACTIONS LOCAL GOVERNMENTS CAN TAKE

(cont.) Enter into Voluntary Road Use

Agreements/Contracts with Gas and Drilling Companies

Require Letters of Credit, Bonds, or Escrow Accounts

Create or Update Comprehensive Plans Adopt or Update Zoning Laws Designate Environmental Protection

Overlay Districts Adopt Road Use Protection Laws

LOCAL GOVERNMENT ACTIONS (cont.)

Draft State Regulations may allow local government input regarding Local Laws, Comprehensive Plans, and Other Specific Impacts to the Community Character, Quality of Life, and Municipal and School District Budgets. The NYSDEC would review and may approve, deny, require supplemental environmental review, and/or condition the permit.

The proposed State Regulations would not allow local environmental review of specific applications.

Consider Decision-Maker Conflicts of Interest

At a Town Board Meeting of the Town of Brighton, Monroe County, New York, held at the Brighton Town Hall, 2300 Elmwood Avenue, in said Town of Brighton on the 28th day of December, 2011.

PRESENT:SANDRA L. FRANKEL,

SupervisorRAYMOND J. TIERNEY IIILOUISE NOVROSSHEILA A. GADDIS

Councilpersons_____________________________

WHEREAS, the Town Board duly scheduled a Public Hearing to be held on the 28th day of December 2011 at 7:30 p.m., to consider the adoption of a proposed Local Law of 2011 entitled “Hydraulic Fracturing and Related Activities Moratorium Local Law” for the Town of Brighton, Monroe County, New York; and

WHEREAS, such public hearing was duly called and held and all persons having an interest in the matter having had an opportunity to be heard; and

WHEREAS, the adoption of a moratorium is a Type II action under the State Environmental Quality Review Act; and

WHEREAS, based on the testimony and materials received at the public hearing, the Town Board deems it necessary and advisable to adopt the proposed Local Law.

NOW, THEREFORE, on motion of Councilperson ____________________, seconded by Councilperson _______________________,

BE IT RESOLVED, that the Town Board of the Town of Brighton, pursuant to the provisions of Article 3 of the Municipal Home Rule Law of the State of New York, hereby adopts the Local Law of 2011 entitled “Hydraulic Fracturing and Related Activities Moratorium Local Law” as attached hereto as Exhibit “A”, for the Town of Brighton, Monroe County, New York.

Dated: December 28, 2011

Sandra L. Frankel, Supervisor Voting ____ James R. Vogel, Councilman Voting ____ Raymond J. Tierney III, Councilman Voting ____Louise Novros, Councilperson Voting ____Sheila A. Gaddis, Councilperson Voting ____

SAMPLE MORATORIUM RESOLUTION

ACTIONS LOCAL GOVERNMENTS CAN TAKE

(cont.) Establish or update zoning laws

that control land use, including heavy industrial activity, mining, and related uses; this could be a double-edged sword depending upon other industrial uses and types of mining that may be desired by the community

Consider Incentive Zoning as a component of your local Zoning Code to provide flexibility and negotiation

SAMPLE MORATORIUM LAW www.townofbrighton.org (Municipal Code)

LOCAL LAW of 2011TOWN OF BRIGHTON

HYDRAULIC FRACTURING AND RELATED ACTIVITESMORATORIUM LOCAL LAW

Section 1. Title

This Local Law shall be known as the Hydraulic Fracturing and Related Activities Moratorium Local Law of the Town of Brighton.

Section 2. Purpose

While hydraulic fracturing and directional gas drilling are not currently permitted uses in any zoning district in the Town of Brighton, the Town Board desires to take further steps to ensure that neither hydraulic fracturing directional gas drilling nor any ancillary or related uses or activities take place within the Town, pending review, drafting and adoption of Town Code provisions relevant to such activities. Serious health and environmental impacts caused by these uses could threaten the health of the residents in the Town, could require the use of massive amounts of water, or the transportation of massive amounts of water causing impact to Town highways and could cause other aesthetic, environmental and public health impacts, resulting in the degradation of the quality of life in the Town of Brighton and the Town’s infrastructure. It is the purpose of this local law to enable the Town to have sufficient time to consider, draft and enact a local law or laws relating to hydraulic fracturing, directional gas drilling and related orancillary uses to avoid such negative impact within the Town of Brighton.

SAMPLE MORATORIUM LAW (cont.)

Section 3. Moratorium

The Town Board hereby enacts a Moratorium which shall prohibit the review of any application, the grant of any approval or permit, the issuance of any use or area variance, the grant of any preliminary or final site plan or subdivision approval, and/or the issuance of any other Town approval or permit relating to any wells involving the practices involving of directional gas drilling or hydraulic fracturing, or any use, business or project involving the storage or vehicular transport of water to be used for hydraulic fracturing or any hydraulic fracturing fluids or waste materials on, over, or about any real property within the Town.

Section 4. Supersession of Provisions of State Law

This Local Law is enacted pursuant to Section 10 of the Municipal Home Rule Law, and under section 22 of such Law, is intended to supersede Sections 261-a, 264, 267, 267-a, 267-b, 273, 274-a, 274-b, 276, 277, 278, 279, 280 and 280-a, as well as all inconsistent provisions of the Town of Brighton Code or Town ordinances.

Section 5. Term of Moratorium

This Local Law and the Moratorium established hereunder, shall expire one year from its effective date.

Section 6. Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State.

Section 7. Severability

If any clause, sentence, phrase, paragraph or any part of this Local Law shall for any reason be adjudicated finally by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Local Law, but shall be confined in its operation and effect to the clause, sentence, phrase, paragraph or part thereof, directly involved in the controversy or action in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that the remainder of this Local Law would have been adopted had any such provision been excluded.

ADVOCACY: How to Work with Your Local Government

Be sensitive to the competing interests related to hydraulic fracturing: boom or boondoggle?

Thus far, court decisions have supported municipal Home Rule, but this may just be the beginning. Legal appeals, “takings” claims, or new state legislation make affect the NYS Supreme Court decisions.

Once the NYSDEC issues permits, if they do, local governments may not have standing to oppose a permit if no moratorium, ban, or other police power of the government has been adopted.

Other legal and financial exposures

ADVOCACY (cont.)

Educate decision makers and the community

Advocate with local representatives one-on-one and at public meetings and public hearings

Collect petitions for submission to the local governing board and state representatives: formal, informal

Local citizens should speak and write directly to their own representatives…power of the voters (e.g. Town of Caroline)

ADVOCACY (cont.)

Bring in outside expert speakers as well as people with first hand experience

Remember that one size doesn’t fit all

Consider the impact on property taxes and municipal and school district services under the NYS Property Tax Cap as costs for road maintenance , public safety services, water and waste water treatment, etc. increase as a result of hydrofracking activity

ADVOCACY (cont.)

Consider the impact on local property values for homes with contaminated wells/drinking water

Monitor mortgage lending practices for properties with gas leases; keep elected officials apprised of changes that may affect property values and property tax revenues

Create or update the Comprehensive Plan; a Moratorium can be used for this purpose too

Encourage identification of environmentally sensitive areas and advocate the creation of Environmental Protection Overlay Districts

ADVOCACY (cont.)

If NYS ultimately permits hydrofracking, local governments will be notified of the application.

Your local officials can respond in detail to the NYSDEC’s review of applications for drilling permits.

Local conditions and concerns may be factored into the DEC’s decision to approve, deny, supplement the environmental review, or condition the permit.

ADVOCACY (cont.)

Find community partners and build coalitions

Use informal petitions to make a point

Use social media to send succinct messages to local representatives, and to organize or remind citizens of meetings: Facebook, Twitter, You Tube, websites, Internet links, etc.

Attend board meetings in force, use the Open Forum to inform and express perspectives; submit comments in writing and ask that they be entered into the record of the public meeting

ADVOCACY (cont.)

Use the media – they are often short staffed and appreciate ideas and information brought to them by the public

Alert to upcoming meetings, send press releases, hold press conferences, write letters-to-the-editor and guest editorials, use Public Access Television if your community has this service

www.R-CAUSE.NET – website provides links to many articles and references

The Ithaca Times: http://www.ithaca.com/news/dryden/article_0eb2bd4e- 91f6-11e0-8235-001cc4c03286.html

NY Times: Rush to Drill for Natural Gas Creates Conflicts with Mortgages: http://www.nytimes.com/2011/10/20/us/rush-to-drill-for-gas-creates-mortgage-conflicts.html

www.cedclaw.org

www.dec.ny.gov\LegalEducationWorkshop5@yahoo.com

MDineen39@gmail.com and JanQ99@gmail.com

Potential Health Impacts: www.newyork.sierraclub.org/Cancerspecialistswarnoffrackingrisks.htm

“Gasland” film

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REFERENCES

Dimock, PA: http://laurensjournalonfracking.tumblr.com/post/17439436784/day-1-part-1-dimock#notes,

http://laurensjournalonfracking.tumblr.com/post/17439463758/day-1-part-2-carter-road#notes, http://laurensjournalonfracking.tumblr.com

http://www.rsc.org/chemistryworld/News/2011/November/15111102.asp

http://insideclimatenews.org/news/20111104/gasfrac-propane-natural-gas-drilling-hydraulic-fracturing-fracking-drinking-water-marcellus-shale-new-york

http://www.pressconnects.com/article/20120329/NEWS11/120329011/Propane-fracking-deal-reached-NY-Plan-would-open-130-000-acres-Tioga-County-drilling   

http://www.catskillmountainkeeper.org/fracking-with-liquid-propane-gas/

http://www.naturalgas.org/overview/background.asp

http://automobiles.honda.com/shop/civic-natural-gas.aspx?ef_id=IANPGk6brG4AAAk9:20120413042442:s

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REFERENCES

Presented by

SANDRA L. FRANKELFormer Supervisor

Town of Brighton (Monroe County)New York

February, 2012

frankel@rochester.rr.com Town of Brighton(585) 473-5872 www.townofbrighton.org (585) 733-3442 (cell) (585) 784-5250(585) 244-1923 (fax) (585) 784-5373 (fax)