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Ohio


Is Ohio's new fracking law a strong statement or weak excuse?
Environmentalists say Ohio lawmakers started out strong, but gutted disclosure requirements; Governor says the new law protects children
by WKSU's STATEHOUSE BUREAU CHIEF KAREN KASLER


Reporter
Karen Kasler
 
A fracking well in Carroll County, the heart of Ohio's oil and gas drilling boom.
Courtesy of TIM RUDELL
In The Region:

Supporters of Ohio’s new regulations on the oil and gas drilling industry say they’ve put together a package of strong protections for Ohioans. Detractors say they’ve offered a pretty weak excuse that caved into special interests. Statehouse correspondent Karen Kasler takes a closer look at the measure that will govern the fastest growing industry in Ohio.

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Gov. John Kasich calls the new energy bill an important protection for Ohio's children. Environmentalists say it gives into fracking interests.

The energy bill was approved in the Senate in mid-May and sent over to the House. On the last day of session before the Memorial Day break, the bill hit the floor. It took two hours for the House to vote on it after proposing a few changes. And the debate didn’t start out on a positive note.

“I‘m not used to someone saying they want support for an amendment that they haven’t even explained it.”

The comment from Democratic Rep. Matt Lundy of Elyria was not the first complaint from Democrats about the energy bill and the changes the House made to the Senate version.

Democrats, environmentalists protest disclosure exemptions
The bill sets rules on construction of oil and gas wells, on handling water used by the industry and on the disclosure of chemicals used in hydraulic fracturing, or fracking.

Mark Okey of Carrollton – which is in the heart of the energy exploration boom in eastern Ohio – was concerned that the House allowed too much influence for oil and gas drillers when it  decided to allow drillers to delay disclosing the chemicals they shoot underground to burst open the shale.

“I frankly think the industry is laughing at all of us. You guys think you made and drove a hard bargain? Oh, come on. After-the-fact disclosure of chemicals used in fracking is simply meaningless, folks.”

GOP says fair to all
But Republican Peter Stautberg from Cincinnati says the bill toughens existing laws but is fair to both drillers and the state. 

“There is a balance to be struck between the industry and the administration,” he says.  The state needs to oversee “what and how much disclosure there is without hampering the industry to such an extent that it destroys the efforts of this state to take advantage of the natural resources upon which we sit.”

Environmental groups had stayed quiet about the bill. But with the addition of a provision that keeps secret the contents of  some chemical recipes used by companies, they’re speaking out.

'Halliburton' rules
Jack Shaner with the Ohio Environmental Council calls the exemption from disclosure “the Halliburton amendment,” and it’s infuriated him. 

“(A) bunch of amendments no one saw, including the atrocious Halliburton amendment, tipped our balance. You know, we went from what could have been one of the strongest disclosure laws in the nation, ending up with one of the most radical assaults on public’s right to know in the nation. No way is that balanced. No way could we continue to be in a neutral position on that.”

A spokesman for the industry says he’s not totally happy either. 

“We certainly didn’t get everything we wanted in here,” says Terry Fleming, a spokesman for the Ohio Energy Resource Alliance.

He dismisses the furor over disclosure in some cases as a smoke screen. 

“There are some people who just didn’t want this legislation to pass. They don’t like carbon fuels; they don’t want to see this develop, and the chemical disclosure thing is something that they’ve all latched on to,” Fleming says. Still, “in the end, we have the strongest chemical disclosure language in the country.” 

Kasich praises the impact for "our kids and grandkids"
Gov. John Kasich is pleased with the bill. After it passed the Senate, Kasich had criticized those who were blasting it. 

“Frankly I think they ought to be celebrating, because we’ve got now some of the toughest, clearest regulation in the country.”

And Kasich followed up the House vote with a statement that he is “so excited about what this legislation accomplishes.”

He insists, “we’ll be better stewards of our environment because of it, and our kids and grandkids will thank us for it.”

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