Item 8F Fracking ResolutionCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM #SF
SEPTEMBER 14,2015
AGENDA ITEM: Discussion on proposing a Resolution opposing certain methods of oil and gas
extraction within the State of Florida and its adjacent waters including hydraulic and
acidic fracturing or "fracking".
SUBMITTED BY: Commissioner Maria Mark
DATE: September 3, 2015
BACKGROUND: Other Florida local communities have recently passed Resolutions opposing "fracking"
statewide. Should Atlantic Beach consider similar action?
BUDGET: No budget impact
RECOMMENDATION: Consider similar action and direct the City Attorney to draft a proposed
Resolution opposing "fracking" within the State of Florida and its adjacent
waters.
ATTACHMENTS: (1) City of St. Augustine Resolution No. 2015-10
(2) City of Fernandina Beach Resolution 2015-117
(3) Report from foods, water watch entitled "The Threat of Fracking to Florida:
Reasons Why Fracking Should Be Banned
( 4) List of Cities that recently passed resolutions
(5) Draft Resolution
RESOLUTiON NO. 20·15 -·1 0
AGENDA ITEM #SF
SEPTEMBER 14,2015
A RESOLUTION OF THE C!TY COMMISSION OF THE CITY OF
ST. AUGUSTINE OPPOSING EXTREME METHODS OF OIL AND
GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURiNG OR "FRACKING" WITHIN THE STATE OF
!FLORIDA AND ITS ADJACENT WATERS.
WHEREAS, the City of St. Augustine is composed of a large section of waterfront
propetiy and is a low-lying coastal community at the frontline to experience the impacts of sea
level rise; and
WHEREAS, the City of St. Augustine has various vital facilities and infrastructure rha'C
could be adversely affected by seal level rise; and
WHEREAS, climate scientists and other groups such as the National Oceanic and
Atmospheric Administration's Coastal Services Center have predicted the potential erosion of dry
land and loss of waterfront property as a result of sea level rise; and
WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by
continued runoff; and
WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to
sinkhole activity; and
WHEREAS, hydraulic and acidic fracturing or "fracking" and other extreme methods o-f
oil and gas extraction have already raised serious questions of damage to water sources and
geologic stability in other areas of the country; and
WHEREAS, the potential for a damaging events to the aquifer and limestone layer
could prove to be beyond the ability to mitigate no matter how great or small the risk of
occurrence of such event; and
AGENDA ITEM #8F
SEPTEMBER 14, 2015
WHEREAS, such events could affect water and land far outside the confines of the
area permitted for hydraulic and acidic fracturing, or "fracking" or other extreme methods of
oil and gas extraction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS:
Section 1. The City Commission of the City of St. Augustine declares its opposition to
hydraulic and acidic fracturing or "fracking" or other extreme methods of oil and gas
extraction anywhere within the State of Florida or in the waters adjacent to the State.
Section 2. The City Commission of the City of St. Augustine requests that no State
agency issue permits for such purpose and urge the Legislators of the State of Florida to
pass legislation prohibiting hydraulic and acidic fracturing or "fracking" or other extreme
methods of oil and gas extraction or the disposal of related materials and by~products,
anywhere within the State of Florida, or in the waters adjacent to the State, and allocate
sufficient appropriations to ensure success of the legislation.
Section 3. The City Commission of the City of St. Augustine further requests the
Governor of the State of Florida to sign such legislation.
ADOPTED in Regular Session of the City Commission 'for the City of St. Augustine,
Florida this 23rd day of March, 20'15.
/J...TTEST:
~~-&AA
Alison Ratkovic, City Clerk
(SEAL)
Resolution No. 2015-10 (CA)
Page2of2
RESOLUTION 2015-117
AGENDA ITEM #SF
SEPTEMBER 14, 2015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, FLORIDA OPPOSING EXTREME METHODS OF OIL
AND GAS EXTRACTION, INCLUDING HYDRAULIC AND ACIDIC
FRACTURING OR "FRACKING" WITHIN THE STATE OF FLORIDA AND ITS
ADJACENT WATERS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fernandina Beach is composed by a large section of waterfront propetty and is
a low-lying coastal community at the frontline to experience the impacts of sea level rise; and
WHEREAS, the City of Fernandina Beach has various vital facilities and infrastructure that could be
adversely affected by sea level rise; and
WHEREAS, climate scientist and other groups such as the National Oceanic and Atmospheric
Administration's Coastal Services Center have predicted the potential erosion of dry land and loss of waterfront
propetty as a result of sea level rise; and
WHEREAS, Florida's aquifer is already compromised from its overuse and polluted by continued
runoff; and
WHEREAS, the limestone layer covering much of the aquifer has proven vulnerable to sinkhole
activity; and
WHEREAS, hydraulic and acidic fracturing or "fracking and other extreme methods of oil and gas
extraction have already raised serious questions of damage to water sources and geologic stability in other areas
of the country; and
WHEREAS, the potential for damaging events to the aquifer and limestone layer could prove to be
beyond the ability to mitigate no matter how great or small the risk of occurrence of such event; and
WHEREAS, such events could affect water and land far outside the confines of the area permitted for
hydraulic and acidic fracturing, or "fracking" or other extreme methods of oil and gas extraction.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
FERNANDINA BEACH, that:
SECTION 1. The City Commission hereby declares its opposition to hydraulic and acidic fracturing or
"fracking" or other extreme methods of oil and gas extraction anywhere within the State of Florida or in the
waters adjacent to the State.
SECTION 2. The City Commission requests that no State agency issue permits for such purpose and
urge the Legislators of the State of Florida to pass legislation prohibiting hydraulic and acidic fracturing or
"fracking" or other extreme methods of oil and gas extraction or the disposal of related materials and by-
products, anywhere within the State of Florida, or in the waters adjacent to the State, and allocate sufficient
appropriations to ensure success of the legislation.
SECTION 3. The City Commission flllther requests the Governor of the State of Florida to sign such
legislation.
ADOPTED this 18 111 day of August, 2015.
ATTEST:
Ut~~t
Caroline Best
City Clerk
Edward E. Boner
Commissioner-Mayor
AGENDA ITEM #SF
SEPTEMBER 14, 2015
APPROVED AS TO FORM & LEGALITY:
~t<Mi -·re HINI< rN~QGY
1 I.JWA
The Threat o f Frackin g to Florid a :
Reasons Why Frackin g Should Be Ba nne d
AGE NDA ITEM #8F
SEPTEMBER 14, :ZO IS
In 2 0 13, a Texas -based fracl<in g c ompa ny b e ga n u sin g a n e w, more d a nge rou s a nd inten s ive form
o f extre m e ex ti·action to d r ill for oil n ear th e Florida Ev e r gla d es. Althoug h fl o ri da has had a v e r y
s m a ll conve ntio na l d r illi n g indu s try in th e past, it h as not h a d all owe d th e more da nge rous form s
o f d irty fra cl<in g th a t use m i lli ons of ga llon s o f wa te r mi xed with tho us ands o f gall on s of toxic
ch e mi ca ls . Bu t the oi l a nd g a s indus try is aiming to introduce fracking, acid frackin g, a nd other
intrus iv e fot~m s of "unco nve ntional" drilling a nd "we ll s timul a tion '' techni ques in va rious a r eas
around Fl o rida, a nd thi s p oses a ser io u s threat t o public h e alth a nd th e e nviro nm e nt.
What is fracldngi
Fra ckin g is s h ort for hy dra uli c fr acturing, th e s p ecific process o f takin g million s of gallons o f w ater ,
mi xin g it w ith sa nd a nd t e n s of thousa nds o f ga ll o n s of ch e mi ca ls, including kn own carcin ogens,
a nd pum ping it a ll und e r gro und a t extr e m e pressur e to break up a ta r get e d ro ck formation, in
h op es of r e le asin g o il or n a tura l gas t h a t wou ld othe rwise rema in h e ld in th e r ock.
Acid frac king is t h e p r ocess o f inj ecting aci di c c he mi ca ls in to r o ck fo rmatio ns to d issolve th e r ock
la yer, w hich res ults in cha n n e ls for a ny oil a nd gas to flow. Th ese term s are a lso u sed
inte r c ha n geabl y w ith th e term 'well s timul a ti o n' t o e ns ure tha t a ll fo rms of extrem e o il a nd gas
extracti o n u s in g t hese d a n ger o us c h emica ls are covere d
Why Is Fracldng Dangerous?
Fracking causes thousands of accidents, leah:s and spills. Mo r e than 7,5 00 a ccide nts r e lated to
frackin g occurre d in 2 013,1 n egative ly imp acting w a te r qua lity in rive r s, strea m s a nd s h allow
a quife rs. Ma ny communi t ies h ave a lso ha d th e i r drinkin g w a t e r conta mina ted a nd ha ve n eed e d to
find n ew sources o f drin kin g w a ter for their fa mili es . Conta min ated water w e ll s with m e tha n e a nd
oth e r hy drocarbon gases r e leased f.r om frack ing is putting t h e h ealth, safety a nd p ro pe rty of many
fa milies across the country a t high ri sk
1 Soragha n, Mi ke. "Sp ill s u p 18 per ce nt in U.S. in 2013." E&E Energy Wire. May 12,201 4.
1
AGENDA IT EM #81<'
SEPTEMBER 14,2015
-Hit HINI< F~IFRGY
1' r 'li 1l lt\
fOOd&("'-. water,watch ~ .... ./
Fracking produces massive volumes of toxic and radioactive waste. Aft e r a w ell is drill ed a nd
fra c ke d, the liquid s that come ba ck up to the s urface arc a mi x offracking flu id s , a ncie nt brines
and hy dro ca rbons, s u ch as th e carcinogen be nzen e. The r e are no go od di s posal op ti o n s . The
und er ground di s posal of thi s w aste has ca u s ed earthqu a ke s a c ross the country, including
Okl a homa, Ohio, Arka n sa s and Te xa s .2 Lo ca l waste w a ter tre atm e nt fa ciliti es a r e not equippe d to
h a ndl e t he ch e mic a ls found in frackin g wa s t e, and the salts in the brin es r e ac t with c hlorine and
other di s infecta nts to cr ea te h a rmful byproducts release d into rivers. Those r eleases c ause
proble m s for communities downs tre am. The n there arc landfill proble m s crea t e d by th e solid
w a stes, inclu d ing th e s olid s tha t accumulate a s s ludge a nd scale on e quipme nt a nd from e ffo rts to
treat w as te w ate r.
Fracking pumps hazar·dous pollutants into the air. Fracking utilizes ov er 100 d a n gerous
ch e mica ls that a r e known to b e endoc rin e di s rupters o r ca r ci noge n s.3 Gases-including
hy d rocarbon gase s wi t h b e nzen e, tolue ne, e thyl b e n zen e and xyl e n es-are in the mix o f fluid s
th a t flow s to the s urfa ce afte r fra cking, and varying amounts of these gas es a re r eleased direc tly
in t o th e a ir. Alon g with di esel exhaus t from nume rous trucks a nd gene r ato rs p ack e d onto a s ingle
well s ite, the hy drocarbon a ir pollution expl ai n countless compla ints from those living alongsid e
fr acking a bout the h ealth probl ems t h ey a r e experie ncin g, s uch as burning eyes, nose ble e d s, and
r espira tory a nd n e rvous system p ro blems.4 This is b e fore cons id erin g long-t e rm health issu es
from th e ex p osu res they h a ve s uffe red.
2 Ke ra nen, J<.M. et al. "S ha r p inc rease in cen tral Okla homa seis mi city s in ce 2 008 in duce d by massive wastewater
inject io n." Sc ience. Vo l. 345, No. 6 195. july 25, 20 14 at 451; Ohi o Depa rtm ent o f Natura l Resources. [Press r e lease].
"Ohi o a nn o un ces toughe r p e rm it co nditi ons for drillin g acti vities near fa ul ts a nd areas of seis mic ac ti vity." Aprilll,
2014; Rosenberg, Mi ca. "Ar ka nsas laws uits t es t fr acking wa stewa t e r link to qual<es." Reuters. Aug ust 27} 201 3
3 l<assos tf s, Chr is toph er D. e t a l. "Es troge n a nd androgen rece p tor acti v iti es of hydrau li c fr acturing
chemica ls and s ur face a nd ground w at~r in a drillin g-d e nse reg io n.'' Endocrinology. Vol. 155 , Iss. 3. March 2 014 at
90 0; U.S. Ho use of Representa ti ves. Committee o n En er gy a nd Co mm er ce. [Min o rity Sta ff Repo rt]. "Ch e mi ca ls Used in
Hy dra uli c Frac t u1·ing." April 20 11 at 1 a nd 8.
4 Adga te, john L. et a l. "Pot e nti a l public heal th haza rd s, ex posures a nd health e ffects fr om un co nve nti ona l natu ra l gas
develop me nt."E11viro nm enta / Scie nce & Teclmo logy. Vol48, Iss. 15. Au gust 5, 2014 at 8308. U.S. EPA. Offi ce o f Air a nd
Radiat io n (OA R). "Reg ul atory impac t An alys is: f-in al New So urce Performa nce Standards and Ame nd me nts t o t he
2
AGENDA ITEM #SF
SEI>T EMilE il 14,20 15
Fracldng disrupts local communities. Beyond the chemica l pollution, fracking presen ts a broad
number of other consequences for p eople living in areas where i t is occ urring, including d amage
to public roads, de clines in property va lue, increased crim e and an increased d e m a nd on
e merge ncy s~rvi ces.
Whe n fracking comes to town, the res ult is increa sed demand for emerge ncy services and o t h er
social services, s uch as schools for the children of out-of-state workers. Th e costs of this in c r eased
demand a r e borne by the co mmunity, not by the oil and gas indu stry.
De live ring the water, sand a nd ch emica ls n eed e d to frack, a nd h auling away a ll the r es ulting waste
r eq uires thousands of h eavy-duty truck trips for each new well. Th e result is a lso costly damage t o
public roads and brid ges a nd a decrease in traffic safety.
La ndowners are finding t h emselves pow e rl ess to prevent drilling a nd fracking on t h e ir property
when t h ey do not own the mineral rights und e r their land. Other landowners are b e ing forced to
'pool' w ith nei ghbors who support drilling, meaning companies can then t unn el be neath their land
from up to a mil e ore two away, and then fracture rock formations b e neath their property.
As a res ult, these landown e r s can see d e clin es in prope rty values.s In fact, many la ndown e r s ha ve
violated the terms of t heir mortgage by s ig nin g up for oil a nd gas leases that r esult in the storage
o f hazardo us ch e mi cals on th e mortgaged prope rty, and nume r o u s b a nks h ave become r e lu c ta nt
to offer m ortgages for prop e rties lo cated n ear drilling and fracking activity.6
Fracking destabilizes the climate.
Natio nal Emi ss ion s Sta nd a rd s fo r Haza rdou s Air Pollutants for th e Oi l and Na tural Gas Indu s try." April 2012 at 4 -15
to 4-18.
ssathya and H. Al len Klaibe r. ''Is the shale e nergy boom a bust for nearby resid e nts? Ev id e nce from hous ing va lues In
Pen nsylv a ni a." America n j ourna l of Ag ricultural Econom ics. Vol. 96, Iss. 1. January 201 4 at 43 .
6 Urbina, Ian. "Rus h to Dr ill for Natura l Gas Creates Confl icts with Mortgages ." Th e New York Times. October 19, 2011.
3
AGENDA l'fEM H8F
SEPTEMB €R 14,2015
I ~:e iHIN I <
FNFRf.1V
I I'IJtl l/1.
Fracking for oil and natural gas is a pat h to climate chaos. Cumulative emissions of greenho us e gases -
primarily carbon dioxide a nd m ethane-that come from extractin g and burning o il and na tu ral gas are a
primaq cause of g lobal warming.7 Global wa rming tlu·eatens t o ruin e n tire coastal economies with sea-
level ri se and to cause some regional food and water syste ms to fa il. These and other utterly f undamental
di s ruptions t o 6ur society -a nd to t he well -being of many mi lli ons of peopl e -will en su e if we do n ot
change co urse. 8
What Will Happen ifFracldng Is All owed i n Florida?
Florida could see con siderable drill in g and fracking-pote ntially over 1,000 n ew wells in t h e next
d ecade or so, mostly in t h e Florida Panh and le and Sou th west Florida bu t a ls o offshore if
poli t ici a ns grant indus t ry's w is h e s. A big spill in Bi g Cypre ss or the Ev ergla d es, for exa mple,
would c r eate a nigh tmare sce n ario for the ecosystem, which is vita l to the s t a te's fisheries. Indeed,
as we've l earne d from natur a l and ma n-made d isasters, from h u rrica n es to the BP /Deepwater
Hori z on s pi ll in th e Gu lf of Mexico, the d a mages ca n reverberate across the whole sta te .
F r acking exace r b ates th e threat of clima te change a nd Florida is one o f the a r eas that w ill be
harde s t h it if sea l evels continue to ri se. A t hree-foot rise in sea level -e ntirely like ly 50 y ear s
from now -would in und ate Florida 's coastal commtm ities with devas ta t ing conse qu e n ces. lt
would leav e over 500,000 homes u nder sea level and e rod e t h e s tate 's c oas tal econom ies, which
account for 80% of t h e s ta te's economic activity.
7 Stocker, T. F. et a l. "Techni ca l Summ ary." In Stocker, T. F. e t al. (2013}. Cli mate Cha nge 2013: The Physical Science
Basts. Co ntribu tion of Working Group I to th e Fifth Assessment Report of th e Intergovernme ntal Panel on Climate Cha nge.
Camb ridge an d New York : Cambridge Un ive rs ity Press at SO to 53 .
o Field, Ch ri s tophe.r eta I. "Tec hni ca l Summ ary fo r Policymakers .'' In Ple ld, Christopher et a l. (2014). Clim ate Change
2014: Im pacts, Adaptat·ion, and Vulnerability. Co ntribu t ion of Working Group 11 to the Fifth Assessme nt Repo rt of th e
In tergove rnm enta l Pan el on Clima te Change: Summ01y for Policymakers. New York : Cambridge Un ive rs ity Press at 11
to 2 0.
4
-~Alachua County, FL
~Bonita Springs, FL
-~Broward County, FL
~Coconut Creek, FL
~Davie, FL
~Deerfield Beach, FL
~Fernandina Beach, FL
~~Flagler County, FL
~Fort Myers Beach. FL
-~Gadsden County, FL
~Hallandale Beach, FL
_.~Hamilton County, FL
!b1Hollvwood, FL
~Key West, FL
-. ~Leon County, FL
~Leon Soil and Water Conservation District, FL
-~BMadison County, FL
(E}Marianna, FL
--= ~Miami-Dade County, FL
~Miramar, FL
_,..~Monroe County, FL
~Plantation, FL
~South Miami, FL
[£]st. Augustine, FL
~ 18st. Lucie County, FL
~Sunrise, FL
!Brallahassee, FL
~Tampa, FL
,......, !Bunion County, FL
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AGENDA ITEM #SF
SEPTEMBER 14, 2015
Received
AUG 2 8 2015
Office of City Clerk
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RESOLUTION# __
Name of City, County, or Municipality
AGENDA ITEM #SF
SEPTEMBER 14, 2015
A RESOLUTION OF THE , City , FLORIDA, SUPPORTING. LEGISLATION
PROVIDING FOR A STATEWIDE BAN ON HYDRAULIC FRACTURING, ACID FRACTURING,
OR ANY WELL STIMULATION PERFORMED FOR THE PURPOSES OF EXPLORATION OR
PRODUCTION OF OIL OR NATURAL GAS IN THE STATE OF FLORIDA, INCLUDING THE
PROHIBITION OF DISPOSAL OF RELATED MATERIALS AND BYPRODUCTS, ANYWHERE
WITHIN THE STATE OF FLORIDA OR IN THE WATERS ADJACENT TO THE STATE;
OPPOSING ANY LEGISLATION THAT WOULD KEEP SECRET CHEMICALS OR ANY
OTHER SUBSTANCE USED IN FRACKING, OR OTHER METHODS OF OIL OR GAS
DRILLING OR RECOVERY AND/OR PERMIT FRACKING TO EXPAND INTO FLORIDA
Overwhelmingly, emerging scientific data show harm and inherent problems with drilling and
tracking. We strongly urge the Florida Legislature and Governor to re-evaluate their positions on
the state of the science. The science is not divided; research clearly and with strong
documentation, shows that drilling and tracking are inherently dangerous to public health, welfare
and the environment.
WHEREAS, well stimulation treatments will involve the use of hundreds of chemicals,
some of which are known to be carcinogenic or could otherwise be harmful to human
health; and
WHEREAS, exposure to the chemicals used in well stimulation treatments will pose
a widespread and significant risk to public health and safety and the environment; and
WHEREAS, well stimulation treatments may involve the use of substantial amounts of
freshwater at a time when many Florida lakes, rivers, springs and municipalities are
already struggling with the impacts of pollution and water scarcity; and
WHEREAS, after being injected into the ground, the chemicals used in the tracking
process have leached into groundwater supplies, contaminating drinking water for local
residents. There have been more than numerous documented cases of water
contamination next to tracking sites, as well as cases of sensory, respiratory, and
neurological damage.
WHEREAS, in parts of the U.S, where hydraulic fracturing has occurred, including
California, Texas, Colorado, Pennsylvania and Wyoming, there have been numerous
complaints and legal actions because of contamination of drinking water with arsenic,
methane, neurotoxins, and other proven and suspected carcinogens.
WHEREAS, as with oil and gas wells, the material used for the pipelines will age and
degrade over time, increasing the likelihood of leaks. Pipeline accidents are a regular
occurrence nation-wide. Legislation or regulations will not stop these leaks and spills as
history has clearly shown.
AGENDA ITEM #SF
SEPTEMBER 14, 2015
WHEREAS, after decades of work on an Everglades restoration plan with billions of
dollars invested, it would be unacceptable and hazardous to allow drilling and tracking
for oil in the Everglades, Big Cypress, and other nearby ecosystem areas. Accidents,
spills, and releases of air and water pollutants, such as benzene, metals and hydrogen
sulfide, will become likely.
WHEREAS, a spill, leak or other accident in Big Cypress or the Everglades would
create a nightmare scenario for water supplies, wildlife and drinking water, including the
ecosystem, which feeds the spawning grounds of Ten Thousand Islands, affecting
-------t'l'nett-tUit":C:h-oHite state's fisiTtiTg industry. Regulatron and mrnrmal penalties will have no
effect.
WHEREAS, the wise stewardship of our natural resources involves protection
of Florida's water supplies, wildlife and water resources for generations to come; and
WHEREAS, as a result of Amendment One, the Constitution of the State Of Florida now
requires that the legislature take immediate and certain steps to protect, restore and
preserve Florida's lands and water resources by prevention of contamination and
environmental degradation, rather than attempting to clean up contamination and
restore degraded environments, which may not be possible, after the fact;
NOW, THEREFORE, BE IT RESOLVED BY THE ___ _
1. supporls a statewide ban on the use of hydraulic fracturing, acid fracturing
and well stimulation treatments performed for the purposes of exploration or production
of oil or natural gas in the State of Florida including prohibiting the disposal of related
materials and byproducts, anywhere within the State of Florida or in the
waters adjacent to the State,; opposing any legislation that would allow or
authorize more permits to allow tracking to expand in Florida and/or keeping secret from
the public (in effect a public record "gag order,") health authorities, physicians or
governmental entities, the use, type and amount of any hazardous chemicals, or
substances used in tracking or other oil or gas extraction methods.
2. That the will send a copy of this Resolution to the Florida Legislature and
the Governor of the State of Florida; Florida Department of Environmental Protection;
[name of other local officials]; And will also direct municipal state affairs/lobbying
department to support legislation whenever possible.
3. Effective Date. This resolution shall take effect immediately upon adoption: DULY
ADOPTED, this the day of month, 2015.
ATTEST: