Dateline 24 January 2012
On January 21, 2012, three Sempronius town board members (myself included), along with Supervisor Kevin Court attended a three-hour seminar about enacting a hydrofracking moratorium (or ban).
The seminar was held at the Southern Cayuga High School and was sponsored by the Town of Scipio Planning Board. There were approximately 40 public officials in attendance. The speaker was David Slottje, founder (with his wife, Helen) of the Community Environmental Defense Council (CEDC) in Ithaca, New York. The CEDC is a non-profit organization that is focusing on helping municipalities in New York proactively address the safety concerns of heavy industrial activity (e.g., hydrofracking).
Mr. Slottje made it clear that established NY State Law allows every municipality in the state to enact laws that ban certain kinds of heavy industrial activity in the town. Such laws must not be arbitrary or capricious. The town must have a "rational basis" for enacting them. The primary purpose of the laws would be to protect the health, safety and welfare of the whole community. There must be a "nexus connection" between the harm perceived and the action taken. The town does not have a right to regulate an industrial activity, but they can ban an industrial activity.
Mr. Slottje stated that town officials not only have the right to protect the town by enacting moratoriums and bans, they have the responsibility to do so.
David Slottje stressed that the time to enact a moratorium or ban is running short. Once the state starts to issue drilling permits, it will be too late to pass effective local laws. He did not think the state would issue drilling permits in the first quarter of this year but was not sure after that.
A moratorium is the easiest law to enact. It is typical to enact a one-year moratorium. During that year, the town would study the issue of hydrofracking. The board could appoint a committee of concerned citizens to look into the issue and determine the impact hydrofracking would have on the town. A moratorium is the first step towards a ban—or not—depending on how the board ultimately votes.
I asked Mr. Slottje if it would be possible to pass a moratorium and then have a referendum vote. He said he did not think that would work. So the Sempronius town board has full responsibility for dealing with this matter.
Mr. Slottje has done the work of drawing up moratorium laws for several municipalities in New York, including Moravia. He works closely with elected officials to tailor a law specific to the unique needs of each town.
It is my opinion that the prudent course for Sempronius is to proceed with a moratorium as quickly as possible. The process will take a couple of months. The next town board meeting is February 20th at 7:00 PM.
Some further notes from the seminar...
Mr. Slottje has 30+ years of experience as an attorney, working for some very large firms, where his specialty was in writing contracts. He will work with the town and write a moratorium law for Sempronius for no charge.
Again, well-established state law allows towns to ban industrial activities that pose a threat to the general safety and welfare of the people in the town.
I asked Mr. Slottje what his motivation was for doing the work he is doing (at no cost) and how he could afford to work for free. He replied that his mother and father live in an area of Pennsylvania where there has been a lot of heavy industrial hydrofracking activity. What he saw going on there made him literally sick. He stated that he has three children and cares deeply about their future.
David Slottje explained that he and his wife have been living mostly off their retirement savings since 2009, when they started the CEDC. They are receiving donations and grants and hope to soon draw a salary from their organization.