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HomeMy WebLinkAboutStaff Report 3.B 03/19/2018� P L Lr zss$ DATE: March 19, 2018 TO: Honorable Mayor and Members of the City Council FROM: John C. Brown, City Manag Agenda Item #3.B SUBJECT: Resolution Supporting a Ban on Offshore Drilling, Exploration, and Fracking RECOMMENDATION It is recommended the City Council adopt the attached resolution supporting a ban on offshore drilling, exploration, and fracking. BACKGROUND On April 28, 2017, President Trump signed Executive Order 13795 Implementing an America -First Offshore Energy Strategy to ensure energy security and economic vitality to meet the energy needs of American families and businesses by increasing domestic energy production on federal lands and waters and reducing reliance on imported energy. The policy encourages energy exploration and production, including on the Outer Continental Shelf, revises schedules of proposed oil and gas lease sales; implements a streamlined approach for privately funded seismic data research and collection to determine offshore energy resource potential; and refrains from designating or expanding any National Marine Sanctuary unless energy or mineral resource potential has been identified, including offshore energy from wind, oil, natural gas, etc., and the impact any expansion will have on the development of those resources. DISCUSSION U.S. Senator Dianne Feinstein is opposed to oil and gas drilling in federal and state waters off the California coast and has appealed to state leaders and all County supervisors to pass resolutions opposing new offshore drilling development and any new oil and gas leases off the California coast. She is now encouraging support from California cities and coastal communities. The attached resolution provides a rationale for opposing off -shore drilling, exploration, and fracking, and expresses the City Council's support for a ban on these activities, should the Council determine to adopt it. FINANCIAL IMPACTS The only cost associated with this item was the staff time required to prepare and process it. ATTACHMENTS 1. Resolution 2. Email request from Senator Feinstein's office and Press Release 3. Presidential Executive Order 13795: Implementingan America -First Offshore Energy Strategy ATTACHMENT I RESOLUTION SUPPORTING A BAN ON OFFSHORE DRILLING, EXPLORATION, AND FRACKING WHEREAS, the City of Petaluma and its visitors enjoy California's beaches and the Pacific Ocean for recreational, commercial, and educational activities, all of which support our local economy; and WHEREAS, offshore oil and gas drilling, and exploration off the Pacific coast, put these coastal resources, and the communities and industries that depend on them, at risk from oil spills and other damage; and WHEREAS, expanding offshore oil and gas drilling, fracking and other well stimulation techniques threatens coastal stakeholders, marine wildlife, human health, and climate; and WHEREAS, a massive oil spill in 1969 off the coast of Santa Barbara fouled coastal waters, causing catastrophic economic and environmental damage while in 2015, a pipeline servicing offshore oil platforms burst and fouled the same coastal areas, damaging wildlife and impacting recreational and commercial activities; and WHEREAS, hydraulic fracturing and other unconventional oil extraction techniques collectively referred to as "fracking and other well stimulation" provide another means to expand offshore oil and gas extraction off California's coast, increasing pollution and the risk of oil spills and earthquakes; and WHEREAS, the offshore oil industry is permitted to dump more than 9 billion gallons of wastewater into the Pacific every year that can harm human health and wildlife; and WHEREAS, the State of California prohibits new oil and gas leasing in state waters due to the unacceptable high risk of damage and disruption to the marine environment; and WHEREAS, the Governor of California, the Attorney General, the State Senate, and the State Lands Commission have taken a stand against new federal offshore oil and gas leases in the Pacific Ocean, and several municipalities have called for a ban on offshore fracking; and WHEREAS, expanding offshore drilling, fracking and other well stimulation off the California coast will deepen the state's dependence on fossil fuels and undermine its efforts to address climate change by reducing greenhouse gas emissions and moving toward renewable energy. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma does hereby support a ban on new offshore oil and gas drilling, fracking, and other well stimulation.in federal and state waters off the California coast, and a ban on new federal oil and gas leasing in all federal waters, including off the coast of California. 2 ATTACHMENT 2 From: Cheng, Jeanette (Feinstein) <Jeanette_Cheng@feinstein.senate.gov> Sent: Friday, March 02; 2018 4:16 PM To: citymg r Subject: Offshore Oil Drilling Resolution Good afternoon, Mr. Brown. I am writing to follow up a call we received earlier this week regarding offshore oil drilling. As you know, Senator Feinstein wants to make sure that our coastal communities and oceans are protected from the devastating effects of offshore oil drilling. She opposed the Trump Administration's plans to expand and open new offshore oil leases off the California coasts. Recently, she asked all 58 county board of supervisors to provide a resolution to oppose offshore oil drilling. We have seen a great response from coastal communities and would also appreciate support from cities. Please join the fight to make sure our coast remains free from offshore drilling. Please let me know if you have any questions. Thank you, Jeanette Cheng Field Representative Office of U.S. Senator Dianne Feinstein Los Angeles, CA 1 (310) 914-7300 Email: Jeanette cheng@feinstein.senate.gov Website I Twitter I Facebook I YouTube 3 Feinstein to County Supervisors: Join the Fight Against Trump's Offshore Oil Drilling Pr... Page 1 of 3 PRESS RELEASES Home (/public/index.cfm/home) / News Room (/public/index.cfm/news-room) / Press Releases (/public/index.cfm/press-releases) Feinstein to County Supervisors: Join the Fight Against Trump's Offshore Oil Drilling Proposal (/public/index.cfm/press-releases? ID=CFEBB541-51E4-4F76-8746- 6BB03F1E53FE) Jan 10 2018 Washington—Senator Dianne Feinstein (D -Calif.) called on all county boards of supervisors in California to pass a resolution opposing the Trump administration's proposal to sell new leases for offshore oil drilling in federal waters along the coast of California. The Trump administration proposed last week allowing offshore drilling in nearly all U.S. waters, including six new lease proposals for the California coastline. Interior Secretary Ryan Zinke announced yesterday that.Florida was being removed from consideration due to resistance from state officials, similar to California's historic opposition to offshore drilling. California banned new offshore drilling leases in state waters in 1969 and there have been no new eases in federal waters since 1984. "A resolution to disapprove of new offshore drilling leases will send a clear, united message to the Trump administration that Californians value the well-being of our coastal community environments and expect https://NvwNv.feinstein.senate.gov/public/index.cfm/press-releases?ID=CFEBB541-51 E4-4.... 2/28/2018 Feinstein to County Supervisors: Join the Fight Against Trump's Offshore Oil Drilling Pr... Page 2 of 3 relentless protection," Senator Feinstein. wrote. "As Californians, we must stand together to ensure that our coast is not subject to new offshore oil and gas drilling projects." Full text of the letter fol lows: January 9, 2018 Dear Board of Supervisors: California knows all too well the environmental havoc created by offshore drilling. In 1969, we witnessed the devastation that Santa Barbara experienced when 3 million gallons of offshore crude oil spilled along one of the nation's most beautiful and biodiverse coastlines, killing thousands of birds, fish and marine mammals. Just three years ago, offshore oil drilling plagued Santa Barbara again when a pipeline spilled more than 100,000 gallons of crude oil onto the Refugio State Beach, leaking into the Pacific Ocean's ecosystem. Our coastal communities once again face serious risk. Last week, the Trump administration announced plans to open nearly all federal coastal waters to new offshore oil and gas drilling, including the entire California coast. Our state waters have been off-limits to new oil drilling since 1969, and the last lease sale in federal waters offshore was in 1984. 1 ask you to join me in fighting this reckless and unnecessary plan every step of the way. We must demonstrate uniform resolve to defend our coastline and protect the health of our communities and coastal economies. Therefore, I request your county Board of Supervisors pass a formal resolution opposing new offshore drilling development and object to any new oil and gas leases off the California coast. I am sending this same letter to your colleagues on each of California's 58 County Boards of Supervisors. A resolution to disapprove of new offshore drilling leases will send a clear, united message to the Trump administration that Californians value the well-being of our coastal community environments and expect relentless protection. As Californians, we must stand together to ensure that our https://ww�v.feiiisteiii.seiiate.gov/public/iiidex.cfin/press-releases?ID=CFEBB541-51 E44... 2/28/2018 Feinstein to County Supervisors: Join the Fight Against Trump's Offshore Oil Drilling Pr... Page 3 of 3 coast is not subject to new offshore oil and gas drilling projects. I look forward to working with you to protect and preserve our beloved coastline. If you have any questions, please do not hesitate to contact my office at (415) 393-0707. Sincerely, Dianne Feinstein United States Senator https://www.feinstein.senate.gov/public/index.cfin/press-releases?ID=CFEBB541-5 l E4-4... 2/28/2018 ATTACHMENT 3 Federal Register Presidential Documents Vol. 82, No, 84 Wednesday, May 3, 2017 Executive Order 13795 of April 28, 2017 Implementing an America -First Offshore Energy Strategy By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows: Section 1. Findings. America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come. The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security. Increased domestic energy production on Federal lands and waters strengthens the Nation's security and reduces reliance on imported energy. Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth. Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation's military readiness. Sec. 2. Policy. It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation's position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible. Sec. 3. Implementing an America -First Offshore Energy Strategy. To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall: (a) as appropriate and consistent with applicable law, including the proce- dures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas): Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid -Atlantic, and South Atlantic; (b) ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and (c) develop and implement, in coordination with the Secretary of Com- merce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas. Sec. 4. Responsible Planning for Future Offshore Energy Potential. (a) The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C, 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential 20816 Federal Register/Vol. 82, No. 84/Wednesday, May 3, 2017 /Presidential Documents within the designated area—including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate—and. the potential impact the proposed designation or expansion will have on the development of those resources. The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce. (b) The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10 -year period prior to the date of this order. (i) The review under this subsection shall include: (A) an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion; (B) an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and (C) the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region. (ii) Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy. (c) To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked. Sec. 5. Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition. The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Conti- nental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows: "Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf des- ignated as of July 14, 2008, as Marine Sanctuaries under the Marine Protec- tion, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq." Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas. Sec. 6. Reconsideration of Notice to Lessees and Financial Assurance Regu- latory Review. The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM's Notice to Lessees No. 2016–N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right -of -Way and Right -of -Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens. The Secretary of the Interior shall also review BOEM's financial assurance regulatory policy to determine the extent to which additional regulation is necessary. Sec. 7. Reconsideration of Well Control Rule. The Secretary of the Interior shall revieNv the Final Rule of the Bureau of Safety and Environmental Federal Register/Vol. 82, No. 84/Wednesday, May 3, 2017 /Presidential Documents 20817 Enforcement (BSEE) entitled "Oil and Gas and Sulfur Operations in the Outer Continental Shelf -Blowout Preventer Systems and Well Control," 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law. The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order. Additionally, the Secretary of the Interior shall review BSEE's regulatory regime for offshore operators to determine the extent to which additional regulation is necessary. Sec. 8. Reconsideration of Proposed Offshore Air Rule. The Secretary of the Interior shall take all steps necessary to review BOEM's Proposed Rule entitled "Air Quality Control, Reporting, and Compliance," 81 Fed, Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn. Sec. 9. Expedited Consideration of Incidental Harassment Authorizations, Incidental -Take, and Seismic Survey Permits. The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Au- thorization, and Seismic Survey permit applications under the Outer Conti- nental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq. Sec. 10. Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS–OPR-55. The Secretary of Commerce shall review NOAA's Technical Memorandum NMFS–OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appro- priate. Sec. 11. Review of Offshore Arctic Drilling Rule. The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled "Oil and Gas and Sulfur Operations on the Outer Continental Shelf -Require- ments for Exploratory Drilling on the Arctic Outer Continental Shelf," 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as prac- ticable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule. Sec. 12. Definition. As used in this order, "Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management" means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017- 2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents. Sec. 13. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. 20818 Federal Register/Vol. 82, No. 84/Wednesday, May 3, 2017/ Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. THE WHITE HOUSE, April 28, 2017. [FR Doc. 2017-09087 Filed 5-2-17; 11;15 am) Billing code 3295—F7—P