Item 8D - FrackingCITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM # 8D
SEPTEMBER 28, 2015
AGENDA ITl]:M: 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 ofFracking to Florida:
Reasons Why Fracking Should Be Banned
(4) List of Cities that recently passed resolutions
(5) Draft Resolution
RESOLUTiON NO. 2015 -·1 0
AGENDA ITEM # 8D
SEPTEMBER 28, 2015
A RESOLUTION OF THE CITY 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
property 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 that
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 pollucecl 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 e>etraction 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# 8D
SEPTEMBER 28, 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 "fracl<ing" or other extreme methods of oil and gas
e><traction anywhere within the State of Florida or in the waters adjacent to the State.
Section 2. Tile 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 "tracking" 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 Mmch, 20'15.
ATTEST:
~~AdA
Alison Ratkovic, City Clerk
(SEAL)
Resolution No. 2015-10 (CA)
Page 2 of 2
RESOLUTION 2015-117
AGENDA ITEM # 8D
SEPTEMBER 28, 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 prope1ty 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
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 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 I. 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 ftuther requests the Governor of the State of Florida to sign such
legislation.
ADOPTED this 18 1h day of August, 2015.
ATTEST:
La~ i?tat
Caroline Best
City Clerk
AGENDA ITEM# 8D
SEPTEMBER 28, 2015
APPROVED AS TO FORM & LEGALITY:
TammiE. Bach
City Attorney
food&(" wate~watc~ ~/
The Thr eat of Fracl<ing_to Florid a:
.Beaso ns Why Fracking Shou ld Be Banne d
AGENDA ITEM 1180
SEI>TEMOE R 28,2015
In 2 0 13, a Texas-based fracking company began using a n ew, more dangerous an d intensive form
of extreme ex traction to drill for oil near th e Fl orid a Everglades. Although Florida has h ad a very
s m a ll conventio n a l drilling industry in t h e past, it has no t h ad a llowe d the more dange rous forms
of dirty fracl<ing that use millions of ga ll ons of water mi xed with thou sand s of gallons of toxic
chemicals. Bu t the o il a nd gas i nd ustry is aimi ng to in t roduce frac king, acid fracking, and other
intr us ive forms of "unconven t io n a l" drilling and "well stimul ation" techniques in various a r eas
a round Florid a, an d this poses a serious threat to public h ea lth a nd the envi ronment.
What is fracl<ing?
Fracking is s hort for hydraul ic fract urin g, th e s p eci fic process of taking million s of gallo ns of water,
mixing it with sand and tens of thousands of gall ons of chemicals, incl uding known carcinogens,
a nd p umping it a ll u nderground at extreme press ure to break up a targeted rock formation, in
h opes of re leasin g oil or natural gas t h at wo uld otherwise r e main h e ld in the r ock.
Acid fracking is t he process of inj ecting acidic ch em ica ls into rock format io n s to disso lve the rock
layer, w hi ch results in ch a n nels for any o il and gas to flo w . These terms are a lso used
in tercha n geably with the t erm 'well stimulation' to ensur e th at a ll forms of extreme oil and gas
extraction u s ing th ese dange r ous c h em ica ls are covered
WhY. Is Fraclsing Dangerous?
Fracking causes thousands of accidents1 Jeai{S and spills. More than 7,500 accidents related to
frackin g occurred in 2013,1 n egative ly imp actin g water q ua lity in r iv e r s, str eams and s h a ll ow
aquifers. Many communiti es have a lso h a d their drinking water contamina ted a nd have n eed ed to
find new so u rces of drinkin g water for the ir families. Contaminated water wells with methane and
other hyd r ocarbon gases released from fracking i s putting the h ealth, safety a nd property of many
fami li es ac r oss the country at hi gh risk.
1 So ragha n, Mil<e. "Sp ill s up 18 per ce nt in U.S. in 2013." E&E EnergyWire. May 12, 2014.
1
AGENDA ITEM II 80
SEPTEMBE R 28,20 15
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Fracl<ing produces massive volumes of toxi c and radioactive waste. After a we ll i s drilled and
fracke d, the liqui ds that come back up to the surface are a mi x of frack ing fluids, ancient brin es
and hyd ro carbons, s u ch as the carcinogen ben ze n e. There are n o good di sposal options. The
unde r g round di sposal o f thi s waste has cau sed earthq uakes across the co untry, including
Ok lahom a, Ohio, Arkansas and Texas.2 Lo cal wastewater trea~me nt faci liti es arc not equipped to
h a ndl e th e chemicals fo und in fracking waste, a nd the salts in the brin es r eact with chlo rine a nd
other disinfectants to create harmful by pro ducts r el eased into r ivers. Th ose releases cause
prob lems for co mmuniti es downstream. Then there are la ndfi ll proble m s created by the solid
w astes, including the solid s that accumulate as sl udge and scale on equipme n t a nd from effo rts to
treat wastewate r.
Fracking pumps hazardous pollutants into the air. Frackin g utilizes over 100 dangerous
chemicals that arc known to b e endocrine disrupters or carcinogens.3 Ga ses-including
h ydr ocarbo n gases w ith b en ze ne, to luene, ethylb e nzene a nd xylenes -are in the mix of flui ds
that flows to the sur face after fracking, a nd varying a mounts of these gases are r e leased directly
i nto t h e a ir. Along with diesel exhaust from numerous trucks a nd generato rs packed o n to a s ingle
we ll s ite, t he hydro carbon air po ll ution exp la in countle::;s co mpla in ts fro m those livin g al ongs id e
fr acl<i ng a bo ut the h ealth proble ms they are experienci ng, s uch as burning eyes, nose bleeds, a nd
respiratory and nervous system problems.4 This i s before considering long-term health issues
from th e expos u res they have s uffered.
z Keranen, I<.M. et al. ''S harp increase In cent ra l Oklahoma seismicity s in ce 2008 induced by ma ssive wastewater
injection." Science. Vol. 345, No . 6195. July 25, 2014 at 451; Ohio Departme nt of Natural Resources . [Press rclcascJ.
"Ohio an nounces tougher per mit co ndition s fot· drilling activit ies near faults and areas of seismic activity.'' J\prll11,
2014; Ros enberg, Mi ca. "Arka nsas lawsuits test fracking wastewa ter link to quakes." Reuters. August 27, 2013
3 I<a ssostis, Chri stop her D. ct a l. "Estrogen an d androge n receptor ac tivities of hyd raulic fractu ring
chemicals and surface and ground wat~r in a dril li ng-dense region." EndocrinoiOBY· Vol. 155, Iss. 3. Ma r ch 2014 at
900; U.S. House of Re presentatives . Committee on Energy a nd Commerce. [Minor ity Staff Report). "Chem ica ls Used in
ll ydrau li c Fracturing." April 2011 at 1 a nd 8.
4 Adgate, john L. ct a l. "Pote nt ia l p ub lic health haza r ds, exposures a nd hea lth effects from un co nventional natm a l gas
deve lopment." Environme ntal Science & Techno logy. Vo148, Iss. 15. August 5, 2014 at 8308 . U.S. EPA. Office of Air and
Radiation (OAR). "Regu la tory impact Analysis: Final New Sou r ce Performance Sta nd ar ds and Amen d ments to th e
2
AGENDA ITEM II 80
SEPTEMBER 28,2015
Fracking disrupts local communities. Beyond the chem ica l pollution, fracking presents a broad
number of other consequences for people Jivin g in areas w h ere it is occurring, including damage
to public roads, declines in property valu e1 i ncreased crime and an increased demand on
emergency S!=!rvices.
When fracking comes to town, the result is i ncreased demand for emergency services and other
socia l services, such as schools for the ch ildren of out-of-state workers. The costs of t hi s increased
demand are borne by the community, not by the oil and gas industry.
Delivering the water, sand a nd chemical s needed to frack, and hauling away a ll the resulting waste
requires thousands of h eavy-duty truck trips for each new well. The res u lt is a lso costly damage to
public roads and brid ges and a decrease in traffic safety.
Landowners are finding themselves powerless to prevent drilling and fracking on their properly
when they do not own the mineral rights under their land. Other landowners arc being forced to
'pool' with n e ighbors w h o s upport drilling, meaning companies can then tunnel b e neath their land
from up to a mile ore two away, and then fracture rock formations beneath their property.
As a result, these landowners can see declines in property va lucs.5 In fact, many landowners have
violated the terms of their mortgage by signing up for oi l and gas leases that result in the storage
of hazardous chemicals on the mortgaged property} and numerous banks h ave become reluctant
to offer mortgages for prope.rties lo cated n ear drilling a nd fracking activi ty.6
Fracl{ing destabilizes the climate.
National Emissions Standards for Ha za rdou s Air Pollutants for the Oil a nd Natural Gas In dustry." April 2012 at 4-J 5
to 4-18.
5Sathya and H. Allen Kl ai be r. "Is the shale energy boom a bu st fo r nea rby res idents? Evidence from housing values in
Pe nn sylvania." Am erican journal of Jlgricultttral Economics . Vo l. 96, Iss. 1. January 2014 at 43.
6 Urbin a, Jan. "Rush to Drill for Natural Gas Creates Con flicts with Mortgages." The New York Times. October 19, 2011.
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AGENDA ITEM # 80
SE I'TEMBER 28,2015
Fr ack in g for oi l and na tural gas is a p ath to c li mate chaos. Cumul ative em issions of greenhouse gases-
primarily carbon diox ide and meth ane-th at come from ex tract ing and buming o il and na tura l gas are a
prim ary cau se of g loba l war ming.7 Glo bal wa rmi ng tlu·eatens to ruin entir e coas ta l eco nomi es w ith sea-
leve l d se and to cau se some regio nal food an d water systems to fa il. These and other utterl y fundam en tal
di sruptio ns to our society -a nd to the we ll-being of many milli ons of people -w ill ens ue if we do not
change co urse .8
Wh a t Will Happen if Fra cl{ing Is Allowed in Florid a?
florida could see consid erabl e drilling a nd frackin g-potentially over 1,000 n e w we ll s in the n ext
decade or so, mo s tl y in t he Florida Pa nh andl e and South west Florid a but als o offs ho re if
politici ans gran t indu s try's wis hes. A bi g spill in Big Cypress or t he Everglades, for example,
would create a nightm are sce nario for th e ecosystem, whi c h is vi tal to th e s t ate's fish eri es. Ind eed,
as we've learne d fr om natura l a nd ma n-m a d e di sasters, from hurrica nes to t he BP /Deepwater
Ho ri zo n sp ill in the Gul f of Mexico, th e da mages ca n r everb e r ate across t he whole s ta te.
Frackin g exacerbates th e threat of climate chan ge and Fl orid a is one of the a reas that will b e
h ardest hit if sea levels co ntinue to ri se. A t hree-fo ot ri se in sea leve l -e ntire ly like ly 5 0 years
from now -would inundate Florid a's coas tal communities with d evas tating consequen ces. It
would lea v e over 500,00 0 h omes und er sea l evel and e r ode the s tate's coas tal economies, wh ich
account for 80% of th e s ta te's eco nomi c activi ty.
7 St ocke r , T. F. et al. "Te chni ca l Summ a ry." In Stocke r, T. F. et a l. (2013). Climate Chang e 2013: The Physica l Science
Basis. Co n tribution of Working Group I to the Fifth Assess ment: Report of th e ln tetyove rnm enta/ Pa nel on Cli mate Change.
Cambr id ge an d New Yo r k Ca mbridge Un iv e rs ity Pr ess a t SO to 53.
o field , Christopher eta l. "Technical Sum mary fo r Poli cymal<c rs." In Field, Chris to pher et al. (2014). Clima te Cha nge
2014: l mpn cts, Adaptation, and Vuln erability. Contribution ofWorkillg Groltp II to th e Fifth Assess ment Report of the
In te rgo vernmenta l Pan el 0 11 Climate Change: Summary fo r Policymal<ers. New York: Ca mbridge Un iversity Pr ess at 11
to 20.
~ ~Alachua County, FL
~Bonita Springs, FL
-~Broward County, FL
Q;)coconut Creek, FL
~Davie, FL
~Deerfield Beach, FL
~Fernandina Beach, FL
~~Flagler County, FL
~Fort Myers Beach, FL
-~Gadsden County, FL
~Hallandale Beach, FL
_,.. kElHamilton County, FL
~Hollvwood, FL
~Key West, FL
-r lbiLeon County, FL
~Leon Soil and Water Conservation District, FL
-~Madison County, FL
~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
~Tallahassee, FL
Q;JTampa, FL
,........, ~Union County, FL
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AGENDA ITEM# 8D
SEPTEMBER 28, 2015
Received
AUG 2 8 2015
Office of City Clerk
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RESOLUTION # __ _
Name of City, County, or Municipality
AGENDA ITEM# SD
SEPTEMBER 28, 2015
A RESOLUTION OF THE I City I 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 #8 D
SEPTEMBER 28, 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
-------~mtteh-oHIIe state's fishtng industry. Regulation and mm1mal 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. supports 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: