2016 ALEC Exhibits PDF

Return of Private Foundation OMB No 1545-0052
For,990-PF or Section 4947(a)(1) Nonexempt Charitable Trust

Department of the Treasury
Internal Revenue Seance Note: The
Treated as a Private Foundation
ion may be able to use a copy of this return to satis state re, 2005
For calendar y ear 2005 , or tax y ear be innin , 2005 , and ending
G Check all that apply Initial return Final return Amended return Address change Name change
Name of organization A Employer identification number
Use the IRS

label. ExxoriMobil Foundation 13-6082357
Otherwise , Number and street (or P O box number if mail is not delivered to street address) Room/suite B Telephone number (see page 10 of
print the instructions)
or type.
800 Bell Street 2441 713-656-4048
See S p ecific
City or town, state, and ZIP code C If exemption application is
Instructions . pending, check here . . . . . . .
D I Foreign organizations , check here . 0'
01H
Houston TX 77002 2 Foreign organizations meeting the
85% test, check here and attach
H Check type of organization x Section 501 ( c 3 exempt private foundation computation
Section 4947 ( a)( 1 ) nonexem pt charitable trust Other taxable private foundation ----- E Ifprivate f oun d a t ion s t a t us was t ermina t e d
I F air mar k e t va l ue o f all assets at end J Accountin g method Cash Lx Accrual under section 5o7(b)(1)(A), check here . El
of year (from Part Il, col (c), line ❑ Other (specify ) _ _ _ _ _ _ __ _ _ _ _ _ _ F If the foundation is in a 60-month termination
16) ^ $ 110,612,41 5 (Part column (d) must be on cash basis ) under section 507(b )(1)(B), check here .
CEffAnalysis of Revenue and Expenses (d) Disbursements

Ube total of amounts in columns (b), (c), and (a) Revenue and (b) Net investment (c) Adjusted net for charitable
expenses per income income purposes
(d) may not necessanly equal the amounts in books
column (a) (see p age 11 of the instructions)) ( cash basis onl y)
1 Contributons, its,grants, etc,received (attach schedule) . 75,750,074
if the foundation is not required to
2 Check 10, L attach Sch B
3 Interest on savings and temporary cash investments 297,726 297,726
4 Dividends and interest from securities .
5a Gross rents . . . . . . . . . . . . . . . . .
b Net rental income or (loss)
o 6a Net gain or ( loss) from sale of assets not on line 10 12,292,891
b Gross sales pace for all 34,274,914
assets on line 6a
7 Capital gain net income (from Part IV, line 2) 19,007,582
8 Net short-term capital gain . . . . . . . . .
9 Income modifications • • • • • • • • • • • • 252 , 357
10 a Gross sales less returns
and allowances • • • •
b Less Cost of goods sold
c Gross profit or (loss) (attach schedule) .

11 Other income (attach schedule) • • • • • • •
12 Total. Add lines 1 throw h 11 88 ,340,691 19,305,308 252 , 357
13 Compensation of officers, directors, trustees, etc
0y 14 Other employee salaries and wages . . . . .
y 15 Pension plans, employee benefits . . . . .
a 16a Legal fees (attach schedule) • • • • • • • • •
MI .u b Accounting fees (attach schedule) • • • • , . 17 -
0 c Other professional fees (attach schedule). . . 296,103 296,103

17 Interest . . . . . . . . . . . . . . . . . . . U
LA 18 Taxes (attach schedule ) ( see page 14 of the instructions) 459,300
E 19 Depreciation (attach schedule) and depletion 0
I- .
0 20 Occupancy . . . . . . . . . . . . . . . .
vII
c 21 Travel, conferences, and meetings . . . . . ,
c
cill 22 Printing and publications . . . . .. . . . .
VT
c 23 Other expenses (attach schedule) . . . . . . 24 , 911 25
24 Total operating and administrative expenses.
o Add lines 13 through 23 . . . . . . . . . . 780,314 25 296,103
O 25 Contributions, gifts, grants paid . . . . . . . 65,183,120 63, 6 60 , 965
26 Total ex p enses and disbursements. Add lines 24 and 25 65,963,434 25 63,957,068
27 Subtract line 26 from line 12
a Excess of revenue over expenses and disbursements 22,377,257
b Net investment Income (if negative, enter -0-) 19,305,283 1
c Adjusted net income ( if n eg ative. enter -0- ) . 252 , 357
For Privacy Act and Paperwork Reduction Act Notice, see the instructions. Form 990 -PF (2005)
JSA
5E14102000
Fnnn OO(LPF /9lnS1 Paae 2
Attached schedules and amounts in the Be g innin g of year End of year
Balance Sheets description column should be for
end-of- year amounts onl y ( See instructions (a) Book Value (b ) Book Value (c) Fair Market Value
I Cash - non-interest-bearing . . . . . . . . . . . . . . . . . . 2 , 0 68 25 ,181, 415 25 ,181, 415
2 Savings and temporary cash investments . . . . . . . . . . .
3 Accounts receivable ^------------------------ 0
Less allowance for doubtful accounts ^ -------------
4 Pledges receivable ^
------------------------
Less allowance for doubtful accounts ^
5 Grants receivable . . . . . . . . . . . . . . . . . . . . .
6 Receivables due from officers, directors, trustees, and other
disqualified persons (attach schedule) (see page 15 of the instructions)
7 Other notes and loans receivable (attach schedule) ^ - - - _ _
Less allowance for doubtful accounts ^
y 8 Inventories for sale or use . . . . . . . . . . . . . . . . . .
9 Prepaid expenses and deferred charges . . . . . . . . . . . .
10 a Investments - U S and state government obligations (attach schedule)
b Investments - corporate stock (attach schedule) . . . . . . . .
c Investments - corporate bonds (attach schedule) , , . . , •
11 Investments - land, buildings, ^ 85 , 431 , 000
and equipment basis ___________________
Less accumulated depreciation ^ 80,519,000 85, 431, 000 85, 431, 000
(attac h sc h e d u l e) -------------------
12 Investments - mortgage loans . . . . . . . . . . . . . . .
13 Investments - other (attach schedule) . . . . . . . . . . . . .
14 Land, buildings, and ^
equipment basis ___________________
Less accumulated depreciation ^
(a tt ac h sc h e d u l e) --------------------
15 Other assets (describe ____________________
16 Total assets (to be completed by all filers - see page 16 of
the instructions Also see page 1 Item I 80,521f068 110f612,415 110,612,415
17 Accounts payable and accrued expenses . . . . . . . . . . . 18,710,439 26,376,173
18 Grants payable . . . . . . . . . . . . . . . . . . . . . . .
19 Deferred revenue . . . . . . . . . . . . . . . . . . . . .
20 Loans from officers, directors, trustees, and other disqualified persons
21 Mortgages and other notes payable (attach schedule) . . . . .

J 22 Other liabilities (describe 01 ___________________ )
23 Total liabilities ( add lines 17 throu g h 22 ) 18,710,439 26,376,173

Organizations that follow SFAS 117, check here ^ X
and complete lines 24 through 26 and lines 30 and 31.
0) 24 Unrestricted . . . . . . . . . . . . . . . . . . . . . . . . 61,810,629 84,236,242
C
25 Temporarily restricted . . . . . . . . . . . . . . . . . . . .
Co 26 Permanently restricted . . . . . . . . . . . . . . . . . •
Organizations that do not follow SFAS 117,
U. check here and complete lines 27 through 31. ^
o 27 Capital stock, trust principal, or current funds . . . . . . . . .
28 Paid -in or capital surplus, or land, bldg , and equipment fund . . . . .
y 29 Retained earnings, accumulated income, endowment, or other funds

30 Total net assets or fund balances (see page 17 of the
61
Z instructions) . . . . . . . . . . . . . . . . . . . . . . . . 61 , 810 ^ 629 84 , 236 , 242
31 Total liabilities and net assets/fund balances (see page 17 of
the instructions 80 , 521 068 110 , 612 , 415
Analysis of Changes in Net Assets or Fund Balances
I Total net assets or fund balances at beginning of year - Part II, column (a), line 30 (must agree with
end-of-year figure reported on prior years return) . . . . . . . . . . . . . . . . . . . . . . . . . • • • • 1 61,810,629
2 Enter amount from Part I, line 27a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 22,377 , 257
3 Other increases not included in line 2 (itemize)- Pa r t e 9 _ 3 252 , 357
------------------- ---- -
4 Add lines 1, 2, and 3 . . . . . . . . . . . . . . . . . . . . . . . 4 84,440 , 243
5 Decreases not included in line 2 Loss Due to Reappraised Property __ 5 204,000
6 Total net assets or fund balances at end of year (line 4 minus line 5) - Part ll. column (b)_ line 30 . . . 6 84,236,243
Form 990-PF (2005)
JSA
5E1420 1 000
Form 990-PF (2005) Page 3
KUNFM Capital Gains and Losses for Tax on Investment Income
How (c) Date
acq^ ^d) Date sold
( a) List and describe the kind(s) of property sold (e g real estate, P-Purchase acquired mo day, yr )
2-story brick warehouse, or common stock, 200 shs MLC Co) D-Donation (mo , day, yr )
1aReal Estate - Coral Gables, FL D 09/10/04 09/16/05
b100 Shares of Prince al Financial Group D 1/25/05 2/11/05
c
d
e
(e) Gross sales price (f) Depreciation allowed (g) Cost or other basis (h) Gain or (loss)
(or allowable) plus expense of sale (e) plus (f) minus (g)
a 25 100,000 6,096,432 19,003,568

b 4,014 0 4,014
C
d
e
Com p lete onl y for assets showin g g ain in column ( h ) and owned b y the foundation on 12/31/69 (I) Gains (Col (h) gain minus
(j) Adjusted basis (k) Excess of col (i) col (k), but not less than -0-) or
(1) M V as of 12/31/69
() F as of 12/31/69 over col 0), if any Losses (from col (h))
a 19,007,582
b
c
d
e
If gain, also enter in Part I, line 7
2 Capital gain net income or (net capital loss) f
If (loss), enter -0- in Part I, line 7 } 2 19,007,582
3 Net short-term capital gain or (loss) as defined in sections 1222(5) and (6)
If gain, also enter in Part I, line 8, column (c) (see pages 13 and 17 of the instructions)
If ( loss ) , enter -0- in Part I, line 8 ................................. 3
Qualification Under Section 4940 ( e ) for Reduced Tax on Net Investment Income
(For optional use by domestic private foundations subject to the section 4940(a) tax on net investment income )
If section 4940(d)(2) applies, leave this part blank
Was the organization liable for the section 4942 tax on the distributable amount of any year in the base period? . . . . Yes x] No
If "Yes," the organization does not qualify under section 4940 ( e) Do not complete this part
I Enter the appropriate amount in each column for each year, see page 18 of the instructions before making any entries
(a) (b) (c) (d)
Base period years Calendar year Distribution ratio
(or tax year beginning in) Adjusted qualifying distributions Net value of nonchantable-use assets
col ( b ) divided b y col c
2004 50,309,926 92,513,223 0.5438
I1 3- 0 7 7 3
20 03 4 7 , 1.70 , 4 7 'rJ - ,
6 3 3 ,
561 5
2 1 V / / .70
V
2002 47,555,340 59 , 189 , 262 0.8034

2001 40 , 057 , 297 59 , 957 , 696 0.6681
2000 42 , 266 , 873 18 , 392 , 356 2.2981
2 Total of line 1, column (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5.0864

3 Average distribution ratio for the 5-year base period - divide the total on line 2 by 5, or by
the number of years the foundation has been in existence if less than 5 years • • . • . • • • • 3 1.01728
4 Enter the net value of noncharitable-use assets for 2005 from Part X, line 5 4 85 , 431 , 000
5 Multiply line 4 by line 3 ...................................... 5 86 , 907 , 248
6 Enter 1% of net investment income (1% of Part I, line 27b) • • • • . . . . . . . . . . • • . . . 6 193 , 053
7 Add lines 5 and 6 7 87 , 100 , 301
8 Enter qualifying distributions from Part XII, line 4 , , , , , , , , , , , , , , , , , , • . . . . . 8 63 , 957 , 068

If line 8 is equal to or greater than line 7, check the box in Part VI, line 1 b, and complete that part using a 1 % tax rate See the Part VI instructions on page 18
JSA Form 990-PF (2005)
5E1430 1 000
corm 990-PF ( 2005) Page 4
Uk-vTnffl Excise Tax Based on Investment Income ( Section 4940 ( a ) , 4940 ( b ) , 4940 ( e ) , or 4948 - see a e 18 of the instructions )
1 a Exempt operating foundations described in section 4940 ( d)(2), check here ^ and enter " N/A" on line 1
Date of ruling letter - - - - _ _ _ _ _ ( attach copy of ruling letter if necessary - see instructions)
b Domestic organizations that meet the section 4940 ( e) requirements in Part V , check 1 386, 105
here ^ and enter 1 % of Part I, line 27b
C All other domestic organizations enter 2% of line 27b Exempt foreign organizations enter 4% of Part I, line 12, cot (b)
2 Tax under section 511 (domestic section 4947( a)(1) trusts and taxable foundations only Others enter -0 -) . . • 2 0
3 Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 386, 105
4 Subtitle A ( income ) tax (domestic section 4947 ( a)(1) trusts and taxable foundations only Others enter -0-) . 4 0
5 Tax based on investment income Subtract line 4 from line 3 If zero or less, enter -0 . . . . . . . . . . . . . . 5 38 6, 105
6 Credits /Payments
a 2005 estimated tax payments and 2004 overpayment credited to 2005 6a 491, 637
b Exempt foreign organizations - tax withheld at source . . . . . . . . . . . . 6b
c Tax paid with application for extension of time to file (Form 8868 ) , , , , , , , 6c
d Backup withholding erroneously withheld , , , , , . . • • • . . . . . . . • 6d
7 Total credits and payments Add lines 6a through 6d . . . . . . . . . . . . . . . . . . . . . . . 7 491, 637
8 Enter any penalty for underpayment of estimated tax Check here if Form 2220 is attached , , , , , , , , , , , 8
9 Tax due . If the total of lines 5 and 8 is more than line 7 , enter amount owed . . . . . . . . . ^ 9
10 Overpayment . If line 7 is more than the total of lines 5 and 8, enter the amount overpaid . . . . . . ^ 10 105, 532
11 Enter the amount of line 10 to be Credited to 2006 estimated tax ^ 105, 532 Refunded ^ 11
Statements R egarding Activities
1a During the tax year, did the organization attempt to influence any national, state, or local legislation or did Yes No
it participate or intervene in any political campaign? , , , • • • • • , . . . . . . . • • • . . . . . . . . . . . . . . . . . la x
b Did it spend more than $100 during the year (either directly or indirectly) for political purposes ( see page
19 of the instructions for definition)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b X
If the answer is "Yes" to la or 1b, attach a detailed description of the activities and copies of any materials
published or distributed by the organization in connection with the activities
c Did the organization file Form 1 120-POL for this year? , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , • 1c x
d Enter the amount (if any) of tax on political expenditures (section 4955) imposed during the year
(1) On the organization 00" $ (2) On organization managers ^ $
e Enter the reimbursement (if any) paid by the organization during the year for political expenditure tax imposed
on organization managers ^ $
2 Has the organization engaged in any activities that have not previously been reported to the IRS? , , , , , , , , , , , , 2 X
If "Yes , " attach a detailed description of the activities
3 Has the organization made any changes , not previously reported to the IRS , in its governing instrument, articles
of incorporation , or bylaws , or other similar instruments ' If "Yes ," attach a conformed copy of the changes . . . . . . . . . • 3 x
4a Did the organization have unrelated business gross income of $1,000 or more during the year? . . . . . . . . . . . . . • • 4a x
b If "Yes," has it filed a tax return on Form 990-T for this year? , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 4b N/A
5 Was there a liquidation , termination , dissolution , or substantial contraction during the year? , , , , , , , , , , , , , , , , 5
If "Yes , " attach the statement required by General Instruction T
6 Are the requirements of section 508(e ) ( relating to sections 4941 through 4945 ) satisfied either
• By language in the governing instrument, or
• By state legislation that effectively amends the governing instrument so that no mandatory directions
that conflict with the state law remain in the governing instrument? . . . . . . . . . . . . . . . . . . . . . . . . . 6 x
7 Did the organization have at least $ 5 , 000 in assets at any time during the year? If "Yes,"complete Part Il, col (c), and PartXV 7 x
8a Enter the states to which the foundation reports or with which it is registered ( see page 19 of the
instructions ) D -TX, NJ
---------------------------------------------------------- --
b If the answer is "Yes" to line 7 , has the organization furnished a copy of Form 990 - PF to the Attorney
General ( or designate ) of each state as required by General Instruction G? If "No," attach explanation . . . . . . . . . . . . . 8b x
9 Is the organization claiming status as a private operating foundation within the meaning of section 49420)(3)
or 4942 0)( 5) for calendar year 2005 or the taxable year beginning in 2005 ( see instructions for Part XIV on
page 26 )' If "Yes," complete Part XIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 x
10 Did any persons become substantial contributors during the tax year? If " Yes,"attach a schedule listing their names and addresses 10 x
11 Did the organization comply with the public inspection requirements for its annual returns and exemption application? , , , , , 11 x
Web site address ^ N/A
- ------------------------------------------------------------- -- ---- ---- ----
12 The books are in care of ^ Exxon-Mobil-Corporati on----------------Telephone no ^ ----------- 713-656-05 30
--- ---- ----
Located at i;> 601 Jefferson, Ste 1065, Houston, -__- ZIP+4 ___
TX--------
13 Section 4947( a)(1) nonexempt charitable trusts filing Form 990-PF in lieu of Form 1041 - Check here . . . . . . . . . . . . . . 111 1.-0
and enter the amount of tax-exempt interest received or accrued during the year . ^ I 13 j/A
Form 990-PF (2005)
JSA
5E1440 1 000
Form 990-PF Page 5
Statements Regarding Activities for Which Form 4720 May Be Required
File Form 4720 if any item is checked in the "Yes" column , unless an exception applies. Yes No
1a During the year did the organization ( either directly or indirectly)
(1) Engage in the sale or exchange , or leasing of property with a disqualified person? . . . . . . . . ❑ Yes a No
(2) Borrow money from , lend money to, or otherwise extend credit to (or accept it from)
a disqualified person? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No
(3) Furnish goods , services , or facilities to (or accept them from) a disqualified person? . . . . . . . x Yes No
(4) Pay compensation to, or pay or reimburse the expenses of, a disqualified person? . . . . . . . Yes x No
(5) Transfer any income or assets to a disqualified person ( or make any of either available
for the benefit or use of a disqualified person ) ? . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No
(6) Agree to pay money or property to a government official? ( Exception . Check "No"
if the organization agreed to make a grant to or to employ the official for a period
after termination of government service , if terminating within 90 days ) . . . . . . . . . . . . . ❑ Yes a No
b If any answer is "Yes " to la(1 )-(6), did any of the acts fail to qualify under the exceptions described in Regulations
section 53 4941 (d )- 3 or in a current notice regarding disaster assistance ( see page 20 of the instructions )? . . . . ... . . . 1b x
Organizations relying on a current notice regarding disaster assistance check here . . . . . . . . . . . . . ^
c Did the organization engage in a prior year in any of the acts described in 1 a, other than excepted acts,
1c x
that were not corrected before the first day of the tax year beginning in 2005" . . . . . . . . . . . . . . . . . . . . . . . .
2 Taxes on failure to distribute income (section 4942 ) ( does not apply for years the organization was a private
operating foundation defined in section 49420 )( 3) or 49420)(5))
a At the end of tax year 2005 , did the organization have any undistributed income ( lines 6d
and 6e , Part XIII ) for tax year (s) beginning before 2005? . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No
If"Yes," list the years
b Are there any years listed in 2a for which the organization is not applying the provisions of section 4942(a)(2)
(relating to incorrect valuation of assets ) to the year's undistributed income? ( If applying section 4942(a)(2)
2b N/A
to all years listed , answer " No" and attach statement - see page 20 of the instructions) . . . . . . . . . . . . . . . . . . . .
c If the provisions of section 4942 ( a)(2) are being applied to any of the years listed in 2a , list the years here
--------- ' --------- ---------

3a Did the organization hold more than a 2% direct or indirect interest in any business
enterprise at any time during the year? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes ❑ No
b If "Yes ," did it have excess business holdings in 2005 as a result of ( 1) any purchase by the organization
or disqualified persons after May 26 , 1969, (2 ) the lapse of the 5-year period ( or longer period approved
by the Commissioner under section 4943 ( c)(7)) to dispose of holdings acquired by gift or bequest, or (3)
the lapse of the 10-, 15 -, or 20-year first phase holding period? (Use Schedule C, Form 4720, to determine
3b N/A
if the organization had excess business holdings in 2005 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4a Did the organization invest during the year any amount in a manner that would jeopardize its charitable purposes? . . . . . . . 4a x
b Did the organization make any investment in a prior year ( but after December 31, 1969) that could jeopardize its charitable
purpose that had not been removed from jeopardy before the first day of the tax year beginning in 2005" . . . . . . . . . . . 4b x
5a During the year did the organization pay or incur any amount to
(1) Carry on propaganda, or otherwise attempt to influence legislation ( section 4945 ( e))" , , , , , , ❑ Yes a No
(2) Influence the outcome of any specific public election ( see section 4955 ), or to carry
on, directly or indirectly , any voter registration drives . . . . . . . . . . . . . . . . . . . . . -j Yes X No
(3) Provide a grant to an individual for travel, study, or other similar purposes? . . . , . . . . . . . . Yes Ex No
(4) Provide a grant to an organization other than a charitable, etc , organization described
in section 509 ( a)(1), (2), or ( 3), or section 4940 (d)(2)" . . . . . . . . . . . . . . . . . . . . . . Yes ❑ No
(5) Provide for any purpose other than religious , charitable , scientific , literary, or
educational purposes, or for the prevention of cruelty to children or animals , , , , , , , , ❑ Yes ❑ No
b If any answer is "Yes " to 5a(1 )-( 5), did any of the transactions fail to qualify under the exceptions described in
Regulations section 53 4945 or in a current notice regarding disaster assistance (see page 20 of the instructions )? ... . . . 5b x
Organizations relying on a current notice regarding disaster assistance check here . . . . . . . . . . . . . . ^
c If the answer is "Yes " to question 5a ( 4), does the organization claim exemption from the
tax because it maintained expenditure responsibility for the grant ? . . . . . . . . . . . . . . . . . . Yes ❑ No
If "Yes,' attach the statement required by Regulations section 53 4945-5(d)
6 a Did the organization , during the year , receive any funds , directly or indirectly, to pay
premiums on a personal benefit contract? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ Yes K No
b Did the organization , during the year , pay premiums , directly or indirectly, on a personal benefit contract? . . . . . . . 6b x
If you answered 'Yes' to 6b, also file Form 8870
Form 990-PF (2005)
JSA
5E1450 1 000
Form 990 - PF(2005) P ag e 6
Information About Officers, Directors , Trustees , Foundation Managers , Highly Paid Employees,
and Contractors
4 1 if all nffinnrc dirnrfnrc 4rnclnaa fnnnrlafinn mananere and their comoensation ( see oaae 21 of the instructions).
(b) Title, and average ( Compensation (d) Contributions to (e) Expense account,
c)
(a) Name and address hours per week ( if not paid, enter employee benefit plans other allowances
devoted to p osition .0 -) and deferred com p ensation
See-attached-schedule
-----------------------------------
0
-------------------------------------
-------------------------------------
--------------------------------------
2 Compensation of five hiahest - paid emDlovees ( ot her than those included on line I - see page 21 of the instructions).
If nnnn anfnr "Nf'1NF ••
(d) Contributions to
(a) Name and address of each employee paid more than $50,000 (b Title and average (c) Compensation
employee benefit (e) Expense account,
)hours Pper week plans and deferred other allowances
devoted to position com p ensation
None
-------------------------------------
-------------------------------------
-------------------------------------
-------------------------------------
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Total number of other employees paid over $50,000 . ^ I

3 Five highest - paid independent contractors for professional services - (see page 21 of the instructions ). If none, enter
"NfNF
(a) Name and address of each person paid more than $50,000 (b ) Type of service (e) Compensation
The-JK-Group---------
--------- -------------------------------
104 Morgan Lane , Plainsburg, NJ 08536 Administrative 296,103
----------------------------------------------------
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Total number of others receiving over $50,000 for professional services ,
Summary of Direct Charitable Activities

List the foundation ' s four largest direct charitable activities during the tax year Include relevant statistical information such as the number Expenses
of organizations and other beneficiaries served , conferences convened , research papers produced, etc
I N/A
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3
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Form 990-PF (2005)
JSA
5E1460 1 000
- _ . Summary of Proaram-Related Investments (see oaae 22 of the instructions)
Describe the two largest program-related investments made by the foundation during the tax year on lines 1 and 2 Amount
I N/A
---------------------------------------------------------------------------
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All other program-related investments See page 22 of the instructions
3
---------------------------------------------------------------------------
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Total. Add lines 1 throu g h 3 ^

Minimum Investment Return (All domestic foundations must complete this part Foreign foundations,
see page 22 of the instructions.)
I Fair market value of assets not used (or held for use) directly in carrying out charitable, etc ,
purposes
a Average monthly fair market value of securities , , , , , , , , , , , , , , , , , , , , , , , , , , , la
b Average of monthly cash balances , , . . . Ib 8,001,051
c Fair market value of all other assets (see page 23 of the instructions) , , , , , , , , , , , , , , , , , Ic 85,431,000
.
d Total (add lines 1 a, b, and c) . . , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 1d 93,432,051
e Reduction claimed for blockage or other factors reported on lines la and
is (attach detailed explanation) . . . . . . . . . le
2 Acquisition indebtedness applicable to line 1 assets 2
3 Subtract line 2 from line 1d ............ ...................
. 3 93,432,051
4 Cash deemed held for charitable activities Enter) 1 /2 % of line 3 (for greater amount, see page 23
of the instructions) . See Statement . . . . . . . . . . . . .. . . .... ... . 4 8,001,051
5 Net value of noncharitable - use assets . Subtract line 4 from line 3 Enter here and on Part V, line 4 5 85,431,000
6 Minimum investment return . Enter 5% of line 5 , 6 4,271,550
Distributable Amount (see page 23 of the instructions) (Section 4942(j)(3) and (j)(5) priva te operating
foundations and certain foreign organizations check here ^ 171 a n d do not complete this part )
I Minimum investment return from Part X, line 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,271,550
2a Tax on investment income for 2005 from Part VI, line 5 2a 386,026
b Income tax for 2005 (This does not include the tax from Part VI) 2b
c Add lines 2a and 2b ............................................. 386,026
3 Distributable amount before adjustments Subtract line 2c from line 1 . . . . . . . . . . . . . . . . . . 3,885,524
4 Recoveries of amounts treated as qualifying distributions , , , , , , , , , , , , , , , , , , , , , , , , , 252,357
5 Add lines 3 and 4 .. .. . 4.137,881
. ...... ..
6 Deduction from distributable amount (see page 24 of the instructions) . . . . . . . . .
7 Distributable amount as adjusted Subtract line 6 from line 5 Enter here and on Part XIII,
line 1 7 4 , 137 Cal
881
Qualifying Distributions ( see page 24 of the instructions)
I Amounts paid (including administrative expenses) to accomplish charitable, etc, purposes
a Expenses, contributions, gifts, etc - total from Part I, column (d), line 26 . . . . . . . . . . . . . . . . . la 63,957,068
b Program-related investments - total from Part IX-B ... ......... 1b
2 Amounts paid to acquire assets used (or held for use) directly in carrying out charitable, etc ,
purposes . . . . ... . . .... ... . . . . .. ... 2
3 Amounts set aside for specific charitable projects that satisfy the
a Suitability test (prior IRS approval required) . . . . . . . . . . . . . . . . . . . . . . 3a
b Cash distribution test (attach the required schedule) . . . . . , , 3b
4 Qualifying distributions . Add lines 1 a through 3b Enter here and on Part V, line 8, and Part XIII, line 4 . . . . . . 4 63,957,068
5 Organizations that qualify under section 4940(e) for the reduced rate of tax on net investment
income Enter 1 % of Part I, line 27b (see page 24 of the instructions ) . . . . . . . . . . . 5
6 Adjusted qualifying distributions . Subtract line 5 from line 4 6 63, 957, 068
Note : The amount on line 6 will be used in Part V, column (b), in subsequent years when calculating whether the foundation
qualifies for the section 4940(e) reduction of tax in those years
Form 990 -PF (2005)
JSA
5E1470 1 000
Undistributed Income (see page 24 of the instructions)

(a) (b) (c) (d)
1 Distributable amount for 2005 from Part XI, Corpus Years prior to 2004 2004 2005
line 7 4,137,881
2 Undistributed income, if any, as of the end of 2004
a Enter amount for 2004 only , , , . . . . . . .
b Total for prior years
3 Excess distributions carryover, if any, to 2005
a From 2000 46,843,690
.
b From 2001 40, 626,272
c From 2002 44,112,154
.
d From 2003 45, 925, 242
e From 2004 45,216, 611
f Total of lines 3a through e , , , , , , . . . . 222 , 723 , 969
4 Qualifying distributions for 2005 from Part
XII, line 4 ^ $ 63,957,068
a Applied to 2004, but not more than line 2a , , ,
b Applied to undistributed income of prior years
(Election required - see page 25 of the instructions) , ,
c Treated as distributions out of corpus (Election

required - see page 25 of the instructions) , , ,
d Applied to 2005 distributable amount , . . . . 4,137,881
e Remaining amount distributed out of corpus 59,819,187
5 Excess distributions carryover applied to 2005
(If an amount appears in column (a), the
same amount must be shown in column (a) )
6 Enter the net total of each column as
indicated below:
a Corpus Add lines 3f, 4c, and 4e Subtract line 5 282,543,156
b Prior years' undistributed income Subtract
line 4b from line 2b
c Enter the amount of prior years' undistributed
income for which a notice of deficiency has
been issued, or on which the section 4942(a)
tax has been previously assessed . . . . . . . .
d Subtract line 6c from line 6b Taxable
amount - see page 25 of the instructions , , , ,
e Undistributed income for 2004 Subtract line
4a from line 2a Taxable amount - see page
25 of the instructions
f Undistributed income for 2005 Subtract

lines 4d and 5 from line 1 This amount must
be distributed in 2006
7 Amounts treated as distributions out of

corpus to satisfy requirements imposed by
section 170(b)(1)(E) or 4942(g)(3) (see page
25 of the instructions) . . . . 25,054,014
8 Excess distributions carryover from 2000 not
applied on line 5 or line 7 (see page 25 of
the instructions) . . . . . . . . . . . . . . . 21 , 789 , 676
9 Excess distributions carryover to 2006.
Subtract lines 7 and 8 from line 6a 235 , 699, 466
10 Analysis of line 9
a Excess from 2001 . . 40, 626, 272
b Excess from 2002 . . 44 ,112 ,154
c Excess from 2003 . 45,925,242
d Excess from 2004 . . 45,216,611
e Excess from 2005 59,819,187
Form 990-PF (2005)
JSA
5E1480 1 000
Form 990-PF 9
Private Operating Foundations (see page 26 of the instructions and Part VII-A, question 9)
Ia If the foundation has received a ruling or determination letter that it is a private operating
foundation, and the ruling is effective for 2005, enter the date of the ruling . . . . . . ^
b Check box to indicate whether the organization is a private operating foundation described In section 4942(j)(3) or 49420)(5)
Tax year Prior 3 years
2a Enter the lesser of the (e) T o t a l
adjusted net income from (a) 2005 ( b) 2004 (c) 2003 ( d) 2002
Part I or the minimum
investment return from Part
X for each year listed .
b 85% of line 2a . . . . .
C Qualifying distributions from Part

XII, line 4 for each year listed ,
d Amounts included in line 2c not
used directly for active conduct
of exempt activities . . . . .
e Qualifying distributions made
directly for active conduct of
exempt activities Subtract
line 2d from line 2c . , . . .
3 Complete 3a , b, or c for the
alternative test relied upon
a "Assets" alternative test - enter
(1) Value of all assets . . .

(2) Value of assets qualifying
under section
49420 )(3)(B)(i) . . . . .
b ndowment" alternative test-
enter 2/3 of minimum invest-
ment return shown in Part X
line 6 for each year listed
C "Support" alternative test - enter
(1) Total support other than
gross investment income
(interest , dividends , rents,
payments on securities
loans ( section 512(a)(5)),
or royalties)
(2) Support from general
public and 5 or more
exempt organizations as
provided in section 4942
0)(3)(8)(iu) . . . . . .
(3) Largest amount of sup-
port from an exempt
organization . , . . .
(4) Gross investment income ,
Supplementary Information (Complete this part only if the organization had $5,000 or more in
assets at any time during the year - see page 26 of the instructions.)
I Information Regarding Foundation Managers:
a List any managers of the foundation who have contributed more than 2% of the total contributions received by the foundation
before the close of any tax year (but only if they have contributed more than $5,000) (See section 507(d)(2) )
None
b List any managers of the foundation who own 10% or more of the stock of a corporation (or an equally large portion of the
ownership of a partnership or other entity) of which the foundation has a 10% or greater interest
None
2 Information Regarding Contribution , Grant, Gift, Loan, Scholarship, etc., Programs:
Check here ^ F-I if the organization only makes contributions to preselected charitable organizations and does not accept
unsolicited requests for funds If the organization makes gifts, grants, etc (see page 26 of the instructions) to individuals or
organizations under other conditions, complete items 2a, b, c, and d
a The name, address, and telephone number of the person to whom applications should be addressed
see attached program information
b The form in which applications should be submitted and information and materials they should include

c Any submission deadlines

d Any restrictions or limitations on awards, such as by geographical areas, charitable fields, kinds of institutions, or other
factors
JSA Form 990-PF (2005)
5111490 1 000
Form 990-PF (2005) Page 10
IDMIM Supplementary Information (continued)
3 Grants and Contributions Paid During the Year or Approved for Future Payment
If recipient is an individual, Foundation
Recipient show any relationship to status of
Purpose of grant or Amount
any foundation manager contribution
Name and address (home or business) or substantial contnbutor recipient
a Paid during the year

see attached schedule
63,660,965
Total .................................................. 3a 63,660,965

b Approved for future payment
see attached schedule
12,674,532
Total 3b 12,674,532
Form 990-PF (2005)
JSA
5E1491 1 000
Form 990-PF (2005 ) Page 'I 1
Analysis of Income-Producing Activities
Enter gross amounts unless otherwise indicated Unrelated business income Excluded b section 512, 513, or 514 (e)
Related exem p t
(a) (b) (c) (d ) function income
Business Exclusion (See page 26 of
1 Program service revenue code Amount code Amount the instructions
a
b
c
d
e
f
g Fees and contracts from government agencies
2 Membership dues and assessments . . , . .
3 Interest on savings and temporary cash investments 14 297,726
4 Dividends and interest from securities

5 Net rental income or (loss) from real estate
a Debt-financed property . . . . . . , . .
b Not debt-financed property . . . . . . .
6 Net rental income or (loss) from personal property
7 Other investment income . . . . . . . . . .
8 Gain or (loss) from sales of assets other than inventory 18 12,292,891
9 Net income or (loss) from special events . .
10 Gross profit or (loss) from sales of inventory.
11 Other revenue a
b
c
d
e
12 Subtotal Add columns (b), (d), and (e) . . . 12,590,617
13 Total. Add line 12, columns (b), (d), and (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12,590,617
(See worksheet in line 13 instructions on page 27 to verify calc ulations )
- Relationship of Activities to the Accomplishment of Exempt Purposes
Explain below how each activity for which income is reported in column (e) of Part XVI-A contributed importantly to
Line No. the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes) (See
V page 27 of the instructions )
N/A
Form 990-PF (2005)

JSA
5E1492 1 000
Form 990-PF 2005 Page 12
HIMEM Information Regarding Transfers To and Transactions and Relationships With Noncharitable
Exempt Organizations
Did the organization directly or indirectly engage in any of the following with any other organization described in section Yes Nc
501(c) of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations?
a Transfers from the reporting organization to a nonchantable exempt organization of
(1) Cash ............................. ............................. 1a1 X
(2) Other assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . la ( 2 ) X
b Other transactions
(1) Sales of assets to a noncharitable exempt organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lb ( l ) s
(2) Purchases of assets from a nonchantable exempt organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 b(2) X
(3) Rental of facilities, equipment, or other assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 b(3) X
(4) Reimbursement arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b 4 X
(5) Loans or loan guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b 5 X
(6) Performance of services or membership or fundraising solicitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 b 6 X
c Sharing of facilities, equipment, mailing lists, other assets, or paid employees . . . . . . . . . . . . . . . . . . . . . . . . . 1c X
d If the answer to any of the above is "Yes," complete the following schedule Column (b) should always show the fair market
value of the goods, other assets, or services given by the reporting organization If the organization received less than fair
market value in any transaction or sharing arrangement, show in column (d) the value of the goods, other assets, or services
2 a Is the organization directly or indirectly affiliated with , or related to , one or more tax-exempt organizations
described in section 501 (c) of the Code ( other than section 501(c)( 3)) or in section 527? . . . . . . . . . . . . . . . . . . ❑ Yes a No
h If "Vne " mnlcfn thn fnllnunnn cr'h wl,,in
(a) Name of organization (b) Type of organization (c) Description of relationship

N/A
Under penalties of perjury , I declare that I have examined this return, including accompanying schedules and statements , and to the best of my knowledge and
belief, it is true , correct , and complete Declaration of preparer (other than taxpayer or fiduciary ) is based on all information of which preparer has any knowledge
` Signature of officer or trustee

4)
2
rn t Preparer's ' ,
U)
m
p si g nature
iA
a d y Firm' s name (or yours if
W k^_
a. D self-employed ), address,
and ZIP code
JSA
5E1493 1 000
OMB No 1545-0047
Schedule B Schedule of Contributors
(Form 990 , 990-EZ,
or 990 -PF)
Department of the Treasury
Internal Revenue Service
Supplementary Information for
line 1 of Form 990, 990 - EZ, and 990 - PF (see instructions)
20005
Name of organization Employer Identification number
ExxonMobil Foundation 13-6082357

Organization type (check one)*
Filers of: Section:
Form 990 or 990-EZ ❑ 501(c)( ) (enter number) organization
❑ 4947(a)(1) nonexempt charitable trust not treated as a private foundation
❑ 527 political organization
Form 990-PF 501(c)(3) exempt private foundation
❑ 4947(a)(1) nonexempt charitable trust treated as a private foundation
❑ 501(c)(3) taxable private foundation
Check if your organization is covered by the General Rule or a Special Rule. (Note : Only a section 501(c)(7), (8), or (10)
organization can check boxes for both the General Rule and a Special Rule - see instructions)
General Rule -
F_:] For organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or
property) from any one contributor (Complete Parts I and II )
Special Rules -
❑ For a section 501(c)(3) organization filing Form 990, or Form 990-EZ, that met the 33 1/3% support test under Regulations
sections 1 509(a)-3/1 170A-9(e) and received from any one contributor, during the year, a contribution of the greater of
$5,000 or 2% of the amount on line 1 of these forms (Complete Parts I and II.)
❑ For a section 501(c )( 7), (8), or ( 10) organization filing Form 990 , or Form 990 - EZ, that received from any one contributor,
during the year, aggregate contributions or bequests of more than $ 1,000 for use exclusively for religious, charitable,
scientific , literary , or educational purposes , or the prevention of cruelty to children or animals (Complete Parts I, II, and III )
❑ For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor,
during the year, some contributions for use exclusively for religious, charitable, etc , purposes, but these contributions did
not aggregate to more than $1,000 (If this box is checked, enter here the total contributions that were received during
the year for an exclusively religious, charitable, etc , purpose Do not complete any of the Parts unless the General Rule
applies to this organization because it received nonexclusively religious, charitable, etc , contributions of $5,000 or more
during the year) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Caution : Organizations that are not covered by the General Rule and/or the Special Rules do not file Schedule 8 (Form 990,
990-EZ, or 990-PF), but they must check the box in the heading of their Form 990, Form 990-EZ, or on line 2 of their Form
990-PF, to certify that they do not meet the filing requirements of Schedule B (Form 990, 990-EZ, or 990-PF)
For Paperwork Reduction Act Notice, see the Instructions Schedule B (Form 990 , 990-EZ, or 990-PF) (2005)
for Form 990, Form 990-EZ, and Form 990-PF.
JSA
5E1251 1 000
Schedule B (Form 990, 990-EZ, or 990-PF) (2005) page 1 of 1 of Part I
ExxonMobil Foundati on 1 3-608235 7
Contributors (See Specific Instructions )

(a) (b) (c) (d)
No. Name , address , and ZIP + 4 Aggregate contributions Type of contribution
1 Exxon Mobil Corporation Person

Payroll
5959 Las Colinas Blvd. 50,697,060 Noncash
(Complete Part II if there is
Irving, Texas 75039-2298 a noncash contribution )
(a) (b) (c) (d)

No. Name , address, and ZIP + 4 Aggregate contributions Type of contribution
2 Exxon Mobil Corporation Person

Payroll
5959 Las Colinas Blvd. 153,014 Noncash x
(a) (b) (c) (d)

No. Name , address , and ZIP + 4 Aggregate contributions Type of contribution
3 Exxon Mobil Oil Corporation Person

Payroll
5959 Las Colinas Blvd. 24,900,000 Noncash x
(a) (b) (c) (d)

No. Name, address , and ZIP + 4 Aggregate contributions Type of contribution
Person
Payroll
Noncash
a noncash contribution )
( a) (b) (c) (d)

No. Name , address , and ZIP + 4 Aggregate contributions Ty pe of contribution
Person
Payroll
Noncash
(a) (b) (c) (d)

No. Name, address , and ZIP + 4 Aggregate contributions Type of contribution
Person
Payroll
Noncash
Schedule a (Form 990, 990-EZ, or 990-PF)(2005)

JSA
5E1253 1 000
Schedule 8 (Form 990, 990-EZ, or 990-PF) (2005) Page of of Part II
Name of organ ization Employer ident ification number
ExxonMobil Foun dation 13-6082357
Noncash Property (See Specific Instructions )
(a) No. (c)

from b FMV (or estimate) (d)
Description of noncash property given Date received
Part I ( see instructions )
See attachment
1
$ 24,900,000 12/20/05
(a) No. (c)

from b FMV (or estimate)
Part I (see instructions)
See attachment
2
$ 4,014 1/25/05
(a) No. (c)

from b FMV (or estimate)
See attachment
3
$ 150,000 11/2/05
(a) No. b (C)

from () FMV (or estimate) (d)
(a) No. (c)

from ( b) FMV (or estimate) (d)
(a) No. (c)

from (b) FMV (or estimate) (d)
Schedule B (Form 990 , 990-EZ , or 990-PF) ( 2005)

JSA
5E1254 1 000
Schedule B ( Form 990 ,990-EZ, or 990 -PF) (2005) Page_ of _ of Part III
ExxonMobil Foundation 13-6082357
1;M.0111 Exclusively religious , charitable , etc., individual contributions to section 501(c )(7), (8), or ( 10) organizations
aggregating more than $1 , 000 for the year . (Complete columns (a) through (e) and the following line entry )
For organizations completing Part III, enter the total of exclusively religious, charitable, etc.,
contributions of $1,000 or less for the year. (Enter this information once - see instructions.) $
(from. (b) (c) (d)
Part Purpose of gift Use of gift Description of how gift Is held
(e)
Transfer of gift
Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee
(a) No. (b) (c) (d)

from Purpose of gift Use of gift Description of how gift Is held
Part
(e)
Transfer of gift
(a) No. (b) (c)

from Purpose of gift Use of gift Description of(d)how gift is held
Part
(e)
Transfer of gift
(a) No. (b) (c) (d)

from Purpose of gift Use of gift Description of how gift Is held
Part
(e)
Transfer of gift
JSA
5EI255 I GOO Schedule B (Form 990 , 990-EZ, or 990-PF ) (2005)
ExxonMobil Foundation (E I N 13-6082357)
Schedule B Attachment
FMV of Non
Value of Cash Property
Donor Date Description Contribution Distributed
Exxon Mobil Corporation 1/2005 Cash Contibution 6,317,481
5959 Las Colinas Blvd. 2/2005 Cash Contibution 1,937,728
Irving, Texas 75039-2298 3/2005 Cash Contibution 1,445,868
4/2005 Cash Contibution 9,959,722
11/2005 Cash Contibution 174,938
12/2005 Cash Contibution 564,583
Total Exxon Mobil Corporation - Cash Contributions 50,697,060
FMV of Non
Value of Cash Property
Donor Date Donated Property Contribution Contributed
Exxon Mobil Oil Corporation 12/20/05 Manhattan, NY 24,900,000 24,900,000
5959 Las Colinas Blvd.
Irving, Texas 75039-2298
Total Exxon Mobil Corp pro perty donations 24,900,000 24,900,000
FMV of Non
Value of Cash Securities
Donated Securities Date Donated Securities Contribution Contributed
Exxon Mobil Corporation 1/25/05 100 shares of Principal Financial Group 4,014 4,014
Total Exxon Mobil Corp securities donation 4,014 4,014
FMV of Non
Value of Cash Artwork
Donated Artwork Date Donated Artwork Contribution Contributed
Exxon Mobil Corporation 11/2/05 "Blame" by Sean Scully 149,000 150,000 *
5959 Las Colinas Blvd
Total of Donated Artwork 149,000 150,000
Aggregated Value of Cash Contribution 50,697,060
Value of Non Cash Contribution 25,053,014
FMV of Non Cash Contributions 25,054,014
* Sale Price
EXXONMOBIL FOUNDATION
E.I.N. # 13-6082357
ATTACHMENT TO 2005 FORM 990-PF
STATEMENT REQUIRED BY REG. §53.4945-5(d)
INFORMATION WITH RESPECT TO EXPENDITURE RESPONSIBILITY GRANT
(1) Grantee : The Teagle Foundation

10 Rockefeller Plaza , Room 920
New York, NY 10020-1
(2) Grant purpose: provide scholarship funds to the Teagle Foundation Scholarship
Program
(3) Date of grant: 10/03/05
(4) Use of funds: paid to Educational Testing Service in Princeton, N.J., to fund
scholarships and administrative costs
(5) Funds were used in their entirety
(6) See attached letter from The Teagle Foundation for more information.
TheTeagle Foundation
io Rockefeller Plaza Room 920 New York, NY 1oo2o-1903 (212) 373-1970
March 24, 2006
Truman T. Bell
ExxonMobil Foundation
5959 Las Colinas Boulevard
Irving , TX 75039-2298
Dear Mr. Bell,
We would like to thank the ExxonMobil Foundation (EMF) for the support they
have given to The Teagle Foundation Scholarship Program. This past fiscal
year, we have provided scholarship funds to 224 students, all children of XOM
employees or annuitants.
The $125,000 we received in October, 2005, was used exclusively to help

support the scholarship program. Specifically, the funds were paid out to The
Educational Testing Service in Princeton N.J. to fund the 100 honorarium awards
and to help defray the administrative costs of the program. The funds were not
used for any other purpose. These funds were used in their entirety, and in
accordance with the budget previously submitted as a part of our grant request to
EMF.
All of The Teagle Foundation's accounting records and financial statements are
kept in such a manner as to accurately account for the use of the grant funds.
The Teagle Foundation did not use the grant proceeds: (a) to carry out
propaganda, or otherwise attempt to influence legislation; (b) to influence the
outcome of any specific election or to carry on, directly or indirectly, any voter
registration drive; (c) for grants to individuals for travel or study which do not
comply with the requirements of §509(a)(1), (2), or (3) or an exempt operating
foundation as defined in §4940(d)(2), or (e) for any purpose other than one
specified in §170(c)(2)(B) of the Code (e.g., charitable, educational or scientific
purposes.)
Once again, we would like to express our gratitude to the ExxonMobil Foundation
for your support. Please do not hesitate to contact me at (212) 373-1973 should
you have any questions or require further information with respect to this matter.
Sincere)
Eli Weinberg, Treasurer
cc: Kenneth P. Cohen

www.teaglefoundation.org
TheTeagle Foundation
1o Rockefeller Plaza Room 920 New York, NY ioo2o i9o3 (212) 373-1970
November 11, 2005
Kenneth P. Cohen
Irving, TX 75039-2298
Dear Mr. Cohen,
We would like to thank you and the ExxonMobil Foundation for the support you
have given to The Teagle Foundation Scholarship Program . This past fiscal
year, we have provided scholarship funds to 356 students , all children of XOM
employees or annuitants.
The $137, 500.00 we received from you was used exclusively to help support the
scholarship program . Specifically , the funds were paid out to Educational
Testing Service in Princeton N.J. to help defray the administrative costs of the
program . The funds were not used for any other purpose . These funds were
used in their entirety, and in accordance with the budget previously submitted as
a part of our grant request to EMF.
All of The Teagle Foundation's accounting records and financial statements are
kept in such a manner as to accurately account for the use of the grant funds.
The Teagle Foundation did not use the grant proceeds : (a) to carry out
propaganda , or otherwise attempt to influence legislation ; (b) to influence the
outcome of any specific election or to Carry ofn, directly or indirectly, any voter
registration drive ; (c) for grants to individuals for travel or study which do not
comply with the requirements of §509 (a)(1), (2), or (3) or an exempt operating
foundation as defined in §4940(d)(2), or (e) for any purpose other than one
specified in §1 70(c)(2)(B) of the Code (e.g., charitable , educational or scientific
purposes.)
www. teaglefoundation. org

Once again, we would like to express our gratitude to the ExxonMobil Foundation
for your support. Please do not hesitate to contact me at (212) 373-1973 should
you have any questions or require further information with respect to this matter.
Sin e
Eli Weinberg
cc: Truman Bell

EXXONMOBIL FOUNDATION (E.I.N. 13-6082357)
RETURN OF PRIVATE FOUNDATION
FOR CALENDAR YEAR 2005
Form 990-PF, Part X, Line 4
Cash Held for Charitable Purposes
The amount of cash deemed held for charitable purposes under Treas. Reg. §53.4942(a)-2(c)(3)(iv) is
$1,401,480, calculated as 1'/^ % of the combined net fair market value of all Foundation assets used to
determine minimum investment return. ExxonMobil Foundation's average monthly cash balance for 2005
was $8,001,051. While this amount exceeds the deemed amount under the Regulations, it is a reasonable
cash balance under the facts and circumstances.
The Foundation maintained an ending cash balance below $2100 every month (with the exception of
February when it was about $194,000) until September, 2005. The high cash balances for the remainder of
the year, $28, 985,627 at the end of September decreasing to $25,181,415 at the end of December, are due
mainly to the Foundation's sale of two properties in Florida and Houston.
It would be impractical for the Foundation to disperse such a large amount of cash in a month or two
following these property sales The Foundation, however, began distributing the funds in accordance with
the Foundation's budget. The Foundation made the following distributions the last three months of 2005-
October $3.8 million

November $1 2 million
December $12 0 million
Distributions for January and February of 2006 totaled $4.9 million. Distributions in March, 2006 for the
Foundation's annual Educational Matching Gift payment were in excess of $21 million. Accordingly, the
Foundation distributed the entire amount received from the two properties within six months
Based on the facts and circumstances presented above, the monthly cash balance above $1 , 401,480
resulting from the properY, sales should be excluded from the computation of Net Value of Non-Charitable
Use Assets and Minimum Investment Return
FOR CALENDAR YEAR 2004
Form 990-PF, Part IV
Gains/Losses on Real Estate
DISCLOSURE STATEMENT UNDER SECTION 6662( d)(2)(B)
Identification:
Gain from the sale of real property located in the United States.
Amount not subject to excise tax:
$6,363,632
Facts and Legal Issue:
This gain is not subject to excise tax under Section 4940 because it was realized from the
sale of an asset which was not the type of property which generally produces rental,
royalty or other investment income, and it was not used to produce unrelated trade or
business income.
The properties New Port Richey , Fl; Wrentham, MA; San Antonio , TX and DeLand, FL
were unimproved land whose highest and best use was for commercial development, and
could not be used to produce an economically viable rental income.
In addition, the highest and best use of the properties at Houston , TX and Midlothian, VA
was for commercial development after demolition of the buildings , and as a result these
properties could not produce economically viable rental income.
CURRENT DISTRIBUTION OUT OF CORPUS TO SATISFY THE REQUIREMENTS

OF THE INTERNAL REVENUE CODE
Election under Treasury Regulation Section 53 .4942( a)-3(c)(2)(iv)

to apply excess distributions from prior years in satisfaction of
Internal Revenue Code Section 170 (b)(1)(E)(ii)
In accordance with the provisions of Treasury Regulation Section 53.4942(a)-3(c)(2)(iv),

the ExxonMobil Foundation hereby elects for 2005 to treat the amount listed below as a
current distribution out of corpus to satisfy the distribution requirements of Internal
Revenue Code Section 170(b)(1)(E)(ii) and Treasury Regulation Section 1.170A-9(g).
The amount listed below was treated as a corpus distribution under Treasury Regulation
Section 53.4942(a)-3(d)(1)(iii) in the year listed below:
2000 $ 25,054,014
Assistant Secret y
ExxonMobil Foundation (E.I.N. 13 -6082357) ITEM 1A
Return of Private Foundation
For Calendar Year 2005
Form 990-PF, Part I, Line 1
Substantial Contributors in 2005
Value of
Donor Date Description Contribution
Exxon Mobil Corporation 1/2005 Cash Contribution 6,317,481
5959 Las Colinas Blvd. 2/2005 Cash Contribution 1,937,728
Irving, Texas 75039-2298 3/2005 Cash Contribution 1,445,868
4/2005 Cash Contribution 9,959,722
11/2005 Cash Contribution 174,938
12/2005 Cash Contribution 564,583
Total Exxon Mobil Corporation - Cash Contributions 50,697,060
Value of
Donor Date Donated Property Contribution
Exxon Mobil Oil Corporation 12/20/05 Manhattan, NY 24,900,000
Total Exxon Mobil Corp property donations 24,900,000
Total Donated Properties 24,900,000
Secu i ties n on t r:k uti on

Don a ted Secu Ir i ties
^^ GJ V S
Don a ted i
ecurit es Con 11 ^J U 1IV 11
Exxon Mobil Corporation 1/25/05 100 shares of Principal Financial Group 4,014
Total Exxon Mobil Corp securities donation 4,014
Donated Artwork Date Donated Artwork Contribution

Exxon Mobil Corporation 11/2/05 " Blame " by Sean Scully 149,000
Total of Donated Artwork 149,000
Total Substantial Contributors 75,750,074
Page 1 SUBCON2005
ExxonMobil Foundation ( E.I.N. 13 -6082357) ITEM 4D
Interest on Savings and Temporary Cash Investments
Net Adjusted
Total Investment Net Income
Column A Column B Column C
Interest - Citibank 84,110 84,110 0
Interest - Northern Trust 213,616 213,616
Total Interest 297,726 297,726 0
Page 1 INTINC2005 1.3

EXXONMOBIL FOUNDATION (# 13-6082357) ITEM 3
Form 990 PF, Part I, Line 6
Gain/Losses on Real Estate/Securities
PROPERTIES SOLD IN 2005

Donation Sale Original Sales Gain EMF
Date Description Date Basis Price (Loss) Book Value
11/26/03 New Port Richey, FL 01/07/05 32,477 730,000 697,523 454,000
03/04/03 Midlothian, VA 02/17/05 166,286 900,000 733,714 591,000
06/01/93 Wrentham, MA 03/22/05 42,580 125,000 82,420 77,000
12/01/04 Houston, TX 09/15/05 1,900,000 6,353,000 4,453,000 6,300,000
09/10/04 Coral Gables, FL 09/16/05 4,700,000 25,100,000 20,400,000 11,600,000
11/26/03 San Antonio, TX 12/07/05 242,650 312,900 70,250 251,000
12/02/03 DeLand, FI 12/23/05 273,275 600,000 326,725 511,000
Totals 7,357,268 34,120,900 26,763,632 19,784,000
Selling Expenses 2,045,009
Net Sales price 32,075,891 32,075,891
Sub-total on Property Gain/(Loss) EMF Books 12,291,891
ARTWORK SALE Sale Original Sales Gain EMF

Date Basis Price (Loss) Book Value
08/25/05 "Blame" by Sean Scully 11/02/05 136,000 150,000 14,000 149,000
Sales Price 150,000
Sub-total on Artwork Gain/(Loss) EMF Books 1,000
SECURITIES SALE Sale Original Sales Gain EMF

Date Basis Price (Loss) ' Book Value
01/25/05 100 Shares/Principal Financial Group 02/11/05 4,014 4,0 44 0 4,014
Sales Price 4,014
Total on Securities Sate 0
Total Net Gain/(Loss) EMF Books 12,292,891
Page 1 PROPGL2005 16
ExxonMobil Foundation (E.I.N. 13 -6082357) ITEM 4E
Income Modifications
Adjusted
Net Income
Column C
Prior Year's Grants Returned 252,357
Prior Year's Grants Cancelled 0
Total Income Modifications 252,357
Page 1 OTINC2005 111.3

ExxonMobil Foundation (# 13-6082357) ITEM 4A
Form 990 PF, Part 1, Line 16c
Schedule of Professional Fees
Net
Total Investment Charitable
Column A Column B Column D
Consultants 0 0 0
Other Professional Services 296,103 0 296,103
Total Professional Fees 296,103 0 296,103
Page 1 PROFEE2005
ExxonMobil Foundation ( E.I.N. 13 -6082357) ITEM 4B
Taxes
Net Adjusted
Total Investment Net Income Charitable
Column A Column B Column C Column D
Prior Year Taxes
2004 Federal Excise Tax 36,082 0 0 0
Total Prior Year Taxes 0 0 0 0
Current Year Taxes - 2005

Federal Excise Tax 459,300 0 0 0
Total Current Year Taxes 459,300 0 0 0
Page 1 EEFTAX2005
ExxonMobil Foundation (# 13-6082357) ITEM 4C
Form 990 PF, Part 1, Line 23
Other Expenses
Net
Total Investment Charitable
Column A Column B Column D
Stationery & Office Supplies 0 0
Expenses on Security Sales 0 0
Closing Expenses on Land Sales 0 0 0
Communications Expense 0 0 0
Miscellaneous 24,911 25 0
Total 24,911 25 0
Page 1 OTEXP2005 1.23

EXXONMOBIL FOUNDATION ITEM 2
BALANCE SHEET
2005 2004
As Reported Adjusted As Reported Adjusted
12/31/05 Ad j ustment 12/31/05 12/31/04 Ad j ustment 12/31/04
ASSETS:
Cash Available 25,181,415 25,181,415 2,068 2,068

Other Receivables 0 0 0 0
Current Assets 25,181,415 0 25,181,415 2,068 0 2,068

Securties 0 0 0 0 0
Real Estate 85,431,000 0 85,431,000 80,519,000 0 80,519,000
Total Assets 110,612,415 0 110,612,415 80,521,068 0 80,521,068
LIABILITIES AND FUND BALANCE:
Grants Payable - Short Term 0 0 0 0 0

Other Payables and Accrued Liabilities 26,376,173 0 26,376,173 18,710,439 0 18,710,439
Total Current Liabilities 26,376,173 0 26,376,173 18,710,439 0 18,710,439
Grants Payable - Long Term 0 0 0 0
Total Liabilities 26,376,173 0 26,376,173 18,710,439 0 18,710,439
Fund Balance - Over/(Under) Funded 84,236,242 0 84,236,242 61,810,629 0 61,810,629
Total Liabilities and Fund Balance 110,612,415 0 110,612,415 80,521,068 0 80,521,068
Page 1 BALSHEET2005TAX
ExxonMobil Foundation (# 13-6082357) ITEM 9
Form 990 PF, Part II, Line 11
Investments - Land, Equipment & Securties
Property
Number Date Balance Balance FMV
(SS #) Location Acquired 01 /01 /05 12/31/05 12/31/05
3-8496 Wrentham, MA May-93 77,000 0 0
N/A Laurens, SC Feb-99 750,000 750,000 750,000
N/A Florham Park, NJ Oct-00 58,000,000 58,000,000 58,000,000
40-541 Charlotte, NC Mar-03 450,000 369,000 369,000
28-234 Midlothian, VA Mar-03 591,000 0 0
60-486 San Antonio, TX Nov-03 451,000 0 0
02-02C Ellenton, FI Nov-03 653,000 795,000 ** 795,000 **
02-02B New Port Richey, FL Nov-03 454,000 0 0
02-02G Orange City, FI Dec-03 712,000 617,000 ** 617,000 **
02-OOR Deland, FL Dec-03 481,000 0 0
N/A Coral Gables, FL Sep-04 11,600,000 0 0
N/A Houston, TX Dec-04 6,300,000 0 0
12667 Manhattan, NY Dec-05 24,900,000 24,900,000
Subtotal 80,519,000 85,431,000 85,431,000

Equipment Less Accumulated Depreciation 0 0 0
Total Land and Equipment 80,519,000 85,431,000 85,431,000
* New appraisal 2/10/05

New appraisal 3/29/05
*** New Appraisal 1/27/05
Grand Total of Land, Equipment

and Securities 85,431,000
Page 1 LAND2005
EXXONMOBIL FOUNDATION (#13-6082357)
Form 990 PF, Part III, Line 5
Reappraised Property Donations
PROPERTIES REAPPRAISED IN 2005

New
New Appraisal Original Appraised Gain
Date Appraised Value Value (Loss)
03/04/03 Charlotte , NC 02/ 10/05 450,000 369 , 000 (81,000)
11/26/03 Ellenton , FL 03/29/05 653,000 795 , 000 142,000
11/26/03 San Antonio , TX 03/04/05 451,000 251 , 000 (200,000)
12/02/03 Orange City, FL 01/27/05 712, 000 617,000 (95,000)
12/02/03 DeLand , FL 01/27/05 481,000 511 , 000 30,000
Total of Reappraised Property 2,747 ,000 2,543,000 (204,000)
EXXONMOBIL FOUNDATION (# 13-6082357) ITEM 3
Form 990 PF, Part IV, Line 1
Gain/Losses on Real Estate/Securities
Donation Sale Original Sales Gain

Date Description Date Basis Price (Loss)
09/10/04 Coral Gables, FL 09/16/05 4,700,000 25,100,000 20,400,000
Total 4,700,000 ZS,]UU,000 LU,4UU,000
Selling Expense 1,396,432
Cost plus Selling Expense 6,096,432

ExxonMobil Foundation ITEM 13
2005 Citibank & Northern Trust
(data from monthly bank statements)
Beginning Balance January 2,067.79

Ending Balance January 102.44
Ending Balance February 193,654.58
Ending Balance March 42.38
Ending Balance April 0.00
Ending Balance May 0.00
Ending Balance June 0 00
Ending Balance July 0 00
Ending Balance August 2,077.82
Ending Balance September 28,985,626.50
Ending Balance October 27,650,986.42
Ending Balance November 26,588,386.32
Ending Balance December 25,181,414 66
108,604,358.91
Average Monthly Balance 8 ,001,051.47
*average 2,067.79
calculation 102 44
102.44
193,654.58
193,654 58
42 38
42.38
0.00
0.00
0.00
0 00
0.00
0.00
n'S.'S'S
nn
0.00
2,077 82
2,077 82
28,985,626.50
28,985,626.50
27,650,986.42
27,650,986.42
26,588,386 32
26,588,386.32
25,181,414 66
192,025,235.37
8,001,051 47
Page 1 CASH2005
ExxonMobil Foundation (#13-6082357) ITEM 6
Form 990 PF, Part XV, Line 3b
Grants/Contributions Approved for Future Payment
Recipient/Project/Address Amount To Be Paid
Mobil Retiree Matching Gifts Program 277,453
Science Ambassador 0
Educational Matching Gifts 11,316,471
Cultural Matching Gifts 35,108
Volunteer Involvement Program 95,000
Mobil Retiree Volunteer Involvement Program 50,500
Subtotal Grants Approved for Future Payment - Employee Driven Pro 11 ,774,532
American Conservative Union Foundation

1007 Cameron St
Alexandria , VA 22313
Abestos Legal Reform and Windfall Profits Tax Issues 50,000
Vital Voices Golbal Partnership

1050 Connecticut Ave, NW STE 1000
Washington, DC 20036
Women & Girls - Women's Leadership Program for West Africa 100,000
United States Agency for International Development

1300 Pennsylvania Ave NW
Tsunami Relief - Indonesia 750,000
Grand Total 12,674,532
The $11,774,532 00 represents the 2005 accruals for these programs to several different recipients.
GRANTDUE2003
ITEM 5
EXXONMOBIL FOUNDATION
SUMMARY OF GRANTS FOR THE YEAR ENDED 12/31/05
2005 2005
APPROPRIATION APPROPRIATION 2004 2005 2005
PROGRAM PER BOOKS ADJUSTMENTS PER REPORT CARRYOVER PAYMENTS CARRYOVER
Various Institutions $27,554,322 $27,554,322 $850 ,000 $27,504,322 $900,000
Higher Education $1,580,500 $1,580 , 500 $0 $1 ,580,500 $0
Precollege $2,580,000 $2,580,000 $0 $2 ,580,000 $0
Educational Matching Gifts $19,902,797 $19,902 ,797 $10,056,372 $18,642,697 $11,316,471
Cultural Matching Gifts $1,137,083 $1,137,083 $28 ,705 $1,130,681 $35,108
VIP Program $7,444,000 $7,444, 000 $11,500 $7 ,360,500 $95,000
Mobil Retiree Matching Gifts $4,066,418 $4,066 ,418 $203,300 $3,992,265 $277,453
Mobil Retiree VIP $833,500 $833,500 $2,500 $785,500 $50,500
Science Ambassador Program $84,500 $84,500 $0 $84,500 $0
Totals $65,183,120 $0 $65,183,120 $11 , 152,377 $63 , 660,965 $12 , 674,532
Page 1 Grant2005 XV 3a
ExxonMobil Foundation ( E.I.N. 13 -6082357) ITEM 1 B
Donated Services
Exxon Mobil Corporation

Treasurer's 10,000
Law 8,000
Tax 50,000
Public Affairs 1,600,000
Total Exxon Corporation 1,668,000
Total Donated Services 1,668,000
Page 1 SUBCON2005
EXXONMOBIL FOUNDATION I
BOARD OF TRUSTEES
F. W. Bass D. D Humphreys
800 Bell Street 5959 Las Colinas Blvd
Houston , TX 77002 Irving , TX 75039-2298
K. P. Cohen B. G. Macklin
5959 Las Colinas Blvd. 13501 Katy Freeway
Irving , TX 75039-2298 Houston , TX 77079-1398
P. B. Henretty S. K. Stuewer
3225 Gallows Road 5959 Las Colinas Blvd
Fairfax, Virginia 22037 Irving, TX 75039-2298
P. A. Wetz
13501 Katy Freeway
Houton , TX 77079-1398
Chairman- K. P. Cohen
Irving, TX 75039-2298
President: G. W. McElvy
Irving, TX 75039-2298
Executive Director: A. Madec

Irving, TX 75039-2298
Treasurer: C. M. FitzGerald
Irving, TX 75039-2298
Controller: R. E. Harayda
Irving, TX 75039-2298
Secretary: Ted Plemenos

Irving, TX 75039-2298
Assistant Treasurer- D. H. Samson

Irving, TX 75039-2298
Assistant Controller: N. D. Paige

601 Jefferson
Houston, TX 77002
Assistant Secretary: C L. Birdsall

Irving, TX 75039-2298
Assistant Secretary: J. M Phillips

Irving, TX 75039-2298
STAR Grants
for individual volunteer time
and TEAM Grants for group projects
Mobil Retiree Volunteer Program
Application
® Grant Application
Reference No.
3
S *
, T r
PART A • To be completed by retiree/volunteer.
(To be completed by ExxonMobil Foundation)
Forward completed form to non-profit organization for verification of volunteer activity. Please complete all information requested
(Please print or type)
Retiree SS# - - Application Date
Retiree Name Volunteer's Name
Mailing Address
City State Zip
Phone ( ) Home Phone
Month Volunteered
Hours Hours Hours Hours Hours Hours
JAN FEB MAR APR MAY JUN
Hours Hours Hours Hours Hours Hours Hours
JUL AUG SEP OCT NOV DEC TOTAL
Name of Non-profit Organization to Receive Grant
Describe Volunteer's Activities
Retiree's Signature Date
PART B • To be completed by the recipient organization (please type or pent).
Name Title Date
Name of Organization
Mailing Address
City State Zip Phone
Organization's Nine (9) Digit Employer I.D. No. (Attach copy of 501(c)(3))
Brief Description of Organization's Purpose (Attach brochure if available)
I certify that the above volunteer services have been received and that the grant will be used to support the primary objectives of this organization which is classified
as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, or an instrumentality of a state or local government under IRC Section 170(c)(1).
Signature of Authorized Officer Date

Grant Application
Reference No.
TEA-M
PART A • List Mobil retiree/spouse team volunteers , and social security numbers
(To be completed by ExxonMobil Foundation)
(I ." ase print or type and use another sheet of paper if necessary)
' Contact Name SS# Application Date
Mailing Address
City State Zip
Phone
*Volunteer Name SS# - -
Volunteer Name SS# - -
Combined Hours
Date(s ) of Project - (40 minimum)
Description of Project
Team Contact Signature Date

if TEAM contact or volunteer is a spouse , enter the social security number of the retiree.
B • To be completed by the recipient organization ( please type or print).

10,
Name Title Date
Mailing Address
City State Zip Phone
Organization 's Nine (9) Digit Employer I.D. No. (Attach copy of 501 (c)(3))
Brief Description of Organization 's Purpose (Attach brochure if available)
I certify that the above volunteer services have been received and that the grant will be used to support the primary objectives of this organization which is classified
as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, or an instrumentality of a state or local government under IRC Section 170(c)(1)
Signature of Authorized Officer Date

MOBIL RETIREE VOL? TEER PROGRAM (MVP) STAR ar 'TEAM GRANTS
The Mobil Retiree Volunteer Program has established a volunteer program to recognize retirees and spouses and dependent children ages 12-25 who
volunteer their time with non-profit organizations of their choice in the community. The program includes grants that will be forwarded to the chartable
organization in the names of the retirees who volunteered.
The STAR Grant is designed for Mobil retirees and spouses and dependent children ages 12-25 who volunteer in the community on an individual
basis. The TEAM Grant encourages Mobil retirees and spouses and dependent children ages 12-25 to volunteer as a group for a worthwhile project
in their community.
STAR - SUPPORT FOR TIME & ACTION REWARD
PROGRAM GUIDELINES
• A $500 grant will be awarded to a chartable, non-profit organization after an eligible applicant volunteers at least 40 hours of his or her time to
the organization during a calendar year.
• Each retiree is eligible for four STAR grants per calendar year, which may be submitted by a retiree, spouse or dependent child age 12-25.
• Upon completing 40 hours of service, the retiree and/or spouse or dependent child age 12-25 should complete Part A of the STAR application
form and send the form to the charitable organization. The organization verifies the accuracy of the information, completes Part B, and then
returns the STAR application to ExxonMobil Foundation, Inc. Note: All forms must be signed by the Mobil retiree.
• Applications received before December 1st will be paid by year-end Applications must be received by January 31 st to receive payment for the
previous calendar year's efforts. Volunteer hours may not be carried over from year to year.
• Each organization may receive a maximum of $10,000 per calendar year of MVP grants
ELIGIBLE APPLICANTS
• Retirees of Mobil Corporation, or any of its domestic subsidiaries
• Spouses of Mobil retirees referred to above.
• Retired directors of Mobil Corporation.
• Dependent children ages 12-25 of Mobil retirees referred to above.
TEAM -TEAM EFFORT ACTION MATCH
PROGRAM GUIDELINES
• Grants,of $500 will be awarded to charitable, non-profit organizations served by a team of at least five Mobil retirees and/or their spouses who
volunteer their own time for a combined total of 40 hours or more on a specific project.
• The TEAM grant can be used to cover the costs of equipment and materials relating to one-time projects. (Eligible projects include park or river
clean-ups, housing rehabilitation, community rebuilding, preparing and serving holiday dinners at a shelter, etc.)
ELIGIBLE APPLICANTS
A team may consist of five or more individuals described as follows:
• Retirees of Mobil Corporation, or any of its domestic subsidiaries.
• Spouses of Mobil retirees referred to above.
Retired directors of Mobil Corporation. )
ELIGIBLE ORGANIZATIONS FOR STAR AND TEAM GRANTS l
Eligible institutions or organizations must be recognized as tax exempt by the Internal Revenue Service under Section 501(c)(3) of the Internal
Revenue Code and have an Employer Identification Number (EIN), or be an instrumentality of a state or local government under IRC Section
170(c)(1), other than those described as ineligible.
INELIGIBLE ORGANIZATIONS/PROGRAMS (BOTH STAR AND TEAM GRANTS)
• Political organizations.
• Churches, synagogues, etc., insofar as concerns religious activities. (Church-sponsored accredited schools are eligible.)
• Private 'foundations.
• Activities where the volunteer or their family receives a direct personal benefit in return for the grant.
• Organizations with limited constituencies, such as fraternities, sororities and veterans' groups
The administration and financing of this program is exclusively the responsibility of the ExxonMobil Foundation, Inc., which reserves the right to modify,
suspend or terminate this program at any time and its decision is final.
Address all correspondence to:
Mobil Retiree Matching Gifts
P.O. Box 7635 (888) 846-4438
Princeton, NJ 08543-7635 (888) 846-GIFT
mobil@easymatch.com
0
Mobil Retiree Matching Gifts Program

r-' -1GIBLE DONEE ORGANIZATIONS
Public charitable institutions or organizations other

than private foundations which are recognized as
tax exempt by the Internal Revenue Service under
Section 501(c)(3) of the Internal Revenue Code
having an Employer Identification Number (EIN), or
an agency of a state or local government qualified
under IRC Section 170(c)(1), other than those
described as ineligible.
Donor: - Provide all of the information

requested in Part A of the form,
sign it and mail the entire form with
your contribution to the organization
of your choice. Application
Organization: Provide all of the information
requested in Part B and sign the
form. Mail completed applications to:
MOBIL RETIREE MATCHING GIFTS

EMPLOYEE PROGRAMS COORDINATOR
P.O. BOX 7635
PRINCETON, NJ 08543-7635
WIL RETIREE MATCHING GIFTSOOGRAM
The Mobil Retiree Matching Gifts Program is designed to encourage retirees to support chartable organizations.
ELIGIBLE CONTRIBUTIONS
ExxonMobil Foundation will match dollar-for-dollar contributions made by eligible persons in the form of cash or publicly traded securities within
the following limits-
. Minimum Gift- $25
1 -
• Maximum Gift. $5,000 per retiree, per calendar year
• Distribution- Contributions are matched four times per year.
ELIGIBLE DONORS
• Retired employees and directors of Mobil Corporation, or any of its domestic subsidiaries, which were designated as participating companies in
Mobil Foundation's Matching Gifts Program
• Spouses of Mobil retirees mentioned above
• Retired directors of Mobil Corporation.
EXXONMOBIL FOUNDATION WILL NOT MATCH

• Gifts to individuals. • Gifts made by estates or surviving spouses of deceased employees.
• Gifts to religious organizations, when the gift is for religious programs, • Gifts of real/personal property (i.e., gifts in kind, except marketable
such as tithes or other religious financial commitments (church schools securities).
are eligible)
• Deferred gifts (e g , future interests).
• Gifts to foster political activities
• Tuition or other student expenses or payments in lieu of tuition.
• Gifts to organizations not recognized by the IRS under Section 501(c)(3)
• Accumulated or pooled monies raised by a group of employees
including organlzatlops with limited constituencies, such as fraternities,
retirees and submitted by an individual
sororities and veterans' groups
• Payments for subscription fees, benefit tickets, testimonial dinners
• Gifts to private foundations
insurance premiums or any payment not made as a direct'gift.
• Multiple gifts submitted on one form
Unpaid pledges until they are paid.
HOW TO PARTICIPATE
Donor : Provide all of the information requested in Part A of the form , sign it and mail the entire form with your contribution to the organ1
of your choice
Organization : Provide all of the information requested in Part B and sign the form. Mail completed applications to MOBIL RETIREE MATCHING GIFTS
P.O. BOX 7635 , PRINCETON , NJ 08543-7635.
Proof of tax status is required the first time matching funds are requested Please enclose a copy of the Section 501 (c)(3) IRS
exemption letter, including your Employer Identification Number (EIN) Government agencies such as public schools and community
libraries should submit a copy of the law under which they are established , or a comparable document.
Note : Forms must be received by the Mobil Retiree Matching Gifts office within 90 days following the date of the gift
ADMINISTRATIVE CONDITIONS
ExxonMobil Foundation reserves the right not to match a particular gift, donor or organization Dec.s,ons are final. This Program may be terminated of
conditions changed at any time and without advance notification.
FOR FURTHER INFORMATION CONTACT:

PO Box 7635 (888) 846-4438
Princeton, NJ 08543-7635 (888) 846-GIFT
Mobil Retiree Matchi^ Gifts Program kxxonMobil Foundation
P.O. Box 7635 Matching Gifts Program Application
Princeton, NJ 08543-7635 (888) 846-4438
PART A • TO BE COMPLETED BY THE DONOR

PL EASE TYPE OR PRINT AND ANSWER ALL ITEMS. INCOMPLETE FORMS WILL BE RETURNED
EM E/RETIREE • • AMOUNT YOU WISH TO BE
SOL.._ ECURITY - - • ^ • - MATCHED IF LESS THAN ^
NUMBER YOUR CONTRIBUTION
IF DONATING STOCK NAME OF STOCK NO OF ■ MO DAY YR
SHARES ^ •
INSTEAD OF CASH
NAME OF RECEIVING ORGANIZATION
DONOR ' S NAME ( FIRST, MIDDLE, LAST)
HOME ADDRESS ( NUMBER AND STREET)
CITY STATE ZIP DAYTIME

TELEPHONE
NUMBER
El RETIREE RETIRED DIRECTOR SPOUSE
I hereby certify that the information submitted by me is complete and correct and that my gift fully RETIREE 'S SIGNATURE
complies with the provisions of the program described herein and will not be used to pay any fees or
in lieu of tuition and does not in any way directly benefit myself, members of my family or any other
person ( s) designated by myself I have not been nor will be reimbursed by anyone for this contribution
PART B • TO BE COMPLETED ONLY BY THE RECEIVING ORGANIZATION

IMPORTANT-THIS DOCUMENT MUST BE RECEIVED BY MOBIL RETIREE MATCHING GIFTS WITHIN 90 DAYS FROM DATE OF GIFT.
PLEASE TYPE OR PRINT AND ANSWER ALL ITEMS. INCOMPLETE FORMS WILL BE RETURNED.
-: NAME^F ORGMIRATION-(Use 'only ;legal, tax exempt name as reflected on IRS mpllon _ terj : - _ FEDERAL TAXI D. N0. _
Y -si r: ' -i ' H: ^^sM^ _ _iy ' :1. -^ - - f.^.ei^s • S.':_' - C -e
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21 c; -. a ,
SS NUMBA AND'STRE
"^ •s` 1. '_ s•. ^^

CfTY°;n; = '= t„ STATE ZIP, ; `c`..T`
r -'"ir^_y
i -_ __ _ - 'jj ^' tY ^ - - • 1•_•^• - .'-t^ .L:_ _ c`s,s^r.^ .'i
• • • • -• ti: ^^ = ;:. y _ • • : MO.tir ,,s _ DAY•-"-'

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h er eby o ertfl y lh a tahi§" matc hin g gr it was ma d e b y t he i n d m d ual name d an d ha s n • rece i ved b y t hi s organ i zation with n
i t h e Gm it ab o r i s of.fti e P r o gra m 's ww a. n ea, and C
further,:that It was given without promise or provision of material benefit to the donor ai . person(s) designated by the donor, and will not be used to fulfal payrrrentof a ple[Jge,
arry' aees;' servwes: or in lieu of turd n .
Type of Orga nization _ Check 'on one" _ ^s-
- ART/CULTURE PRE-COLLEGE EDUCAj10N
HIGHER EDUCATION u-CNIC-. D-HEALTH
PRINT - - i
NAME
AUTHORIZED ,' - = -
TITLE - 1; SIGNATURE
= TELEPHONE NUMBER r DATE -

• I
EXXONMOBIL FOUNDATION WILL NOT MATCH

• '
•
Gifts to individuals
Gifts to religious organizations, when the gift is for

religious programs, such as tithes or other religious
financial commitments (church schools are eligible)
•
•
Gifts of real/personal property (i.e, gifts in kind,
except marketable securities).
Deferred gifts (e.g., future interests).

v
• Tuition or other student expenses or payments in
• Gifts to foster political activities. lieu of tuition
• Gifts to organizations not recognized by the IRS • Accumulated or pooled monies raised by a group of
under Section 501(c)(3) including organizations employees/retirees and submitted by an individual.
with limited constituencies, such as fraternities,
sororities and veterans' groups. • Payments for subscription fees, benefit tickets,
testimonial dinners, insurance premiums or any
• Gifts to private foundations. payment not made as a direct gift.
• Multiple gifts submitted on one form. • Unpaid pledges until they are paid
• Gifts made by estates or surviving spouses of
deceased employees.
HOW TO PARTICIPATE
Donor: Provide all of the information requested in Part A of the form, sign it and mail the entire form with
your contribution to the organization of your choice
Organization : Provide all of the information requested in Part B and sign the form Mail completed applications to:
MOBIL RETIREE MATCHING GIFTS, P.O. Box 7635, PRINCETON, NJ 08543-7635.
Proof of tax status is required the first time matching funds are requested Please enclose a copy of
the Section 501(c)(3) IRS exemption letter, including your Employer Identification Number (EIN).
Government agencies such as public schools and community libraries should submit a copy of the
law under which they are established, or a comparable document
Note : Forms must be received by the Mobil Retiree Matching Gifts office within 90 days following the date
of the gift
ADMINISTRATIVE CONDITIONS
ExxonMobil Foundation reserves the right not to match a particular gift, donor or organization. Decisions are final
This Program may be terminated or conditions changed at any time and without advance notification
FOR FURTHER INFORMATION CONTACT:

P.O Box 7635
Princeton, NJ 08543-7635
(888) 846-4438 (888-846-GIFT)
mobil@easymatch.com
The Cultural Matching Gift Program encourages and assists ■ It must be your personal contribution, not a contribution
employees, retirees, surviving spouses, and directors in made with funds provided to you in whole or in part for dona-
their personal giving to cultural institutions by providing a tion purposes by other individuals, groups or organizations.
matching contribution. You may ask the cultural organization to use your gift for a par-
ticular purpose, program or activity, so long as the above condi-
PROGRAM TERMS
tions are met. However, in all cases the Foundation's matching
The matching ratio is one-to-one , with the Foundation con-
grant is unrestricted, meaning that how the matching funds are
tributing one dollar to the cultural institution for every dollar
used will be the institution's decision
contributed by the individual donor. An individual may make
matching gift contributions to more than one cultural institu-
INELIGIBLE CONTRIBUTIONS
tion . The minimum contribution eligible for matching is $20 and
The Foundation will not match:
the total amount that will be matched for any individual in a
■ Gifts to organizations which do not have cultural programs as
calendar year is $1,000.
a primary and substantial part of their activities, such as envi-
ELIGIBLE DONORS ronmental, conservation, health, welfare, religious and political
■ Regular employees of Exxon Mobil Corporation or its affiliates organizations.
that operate in the U.S. (This includes U.S. domestic employ- ■ Gifts to an eligible cultural group made in lieu of pledges,
ees on expatriate assignment.) tithes or other financial commitments to a church or other
■ Retirees from the above companies or the Exxon Corporation non-eligible institution.
■ Surviving spouses of deceased employees and retirees of the ■ Any portions of personal gifts which purchase donor benefits
above companies or the Exxon Corporation. of more than token value.
Present and former directors of Exxon Mobil Corporation or ■ Gifts made with funds provided to the eligible individual for
the Exxon Corporation. donation purposes by other individuals or groups
■ Non-U.S. payroll employees are eligible while on assignment in ■ Bequests, gifts in the form of insurance premiums where the
the U.S. with Exxon Mobil Corporation consolidated affiliates cultural institution is the beneficiary, charitable remainder
trusts or other types of deferred gifts
(Note: Retirees of the Mobil Corporation are not eligible for
this program.) ■ Donated services or gifts of real estate or personal property
(other than cash or securities).
ELIGIBLE INSTITUTIONS ■ Fees for admissions.
Gifts will be matched to U.S. nonprofit institutions which are ■ Subscriptions to publications.
open to public participation and tax exempt under Section 501
■ Gifts to private foundations.
(c) (3) of the Internal Revenue Code. Cultural programs must be
a primary and substantial part of the institution's activities.
ADMINISTRATION
Included are art, science and historic centers and museums;
The interpretation, application and a dministration of this pro-
orchestras; choral groups, opera, theater and dance companies,
gram, which may be changed, suspended, revoked or terminated
libraries; public television and radio stations; zoos, aquariums;
at any time, shall be determined by ExxonMobil Foundation, and
botanical gardens and historic preservation organizations Also
its decisions shall be final.The Foundation reserves the right to
eligible are united arts funds and other service organizations
audit institutional records and documents pertaining to this pro-
which serve such cultural institutions and which have estab-
gram and to request supporting donor documentation we con-
lished tax-exempt status under Section 501 (c) (3)
sider necessary.
ELIGIBLE CONTRIBUTIONS
QUESTIONS
For your gift to an eligible cultural institution to qualify for
Questions regarding this program may be directed to:
matching, it must meet all of the following conditions-
Cultural Matching Gift Program
m It must be an actual donation, not merely a pledge, and it must
be in the form of cash or publicly traded securities. P.O. Box 7288
0 It must be made directly to the cultural institution Princeton . NJ 08543-7288
C It must be a chartable contribution, meaning that you or any Additional copies of this form may be obtained from the
member of your family or any person you designate may not ExxonMobil Intranet, by calling toll free (877) 807-0204, or email
receive a benefit of more than token value in return for, or as exxonmobil@easymatch com
a result of, the contribution or the Foundation's matching gift
The Foundation will only match the tax deductible portion of
memberships or contributions.
oi/03
ExxonMobil FFOndation •
Cultural Matching Gift Program
Application Procedure
Step 1 The employee, retiree , surviving spouse, or director should fill out Section One of this application form and send the entire form with his or
her contribution to the cultural institution. Please enter all applicable data. Incomplete forms cannot be processed
Step 2. The cultural institution should fill out Section Two of this application form and send the entire form to: ExxonMobll Matching Gift
Programs, P.O. Box 7288, Princeton, NJ 08543-7288. Institutions that have not previously received ExxonMobil cultural matching gifts
should include a copy of their 501 (c)(3) tax exemption and a profile of the organization explaining how it meets our cultural guidelines.
Step 3. The Foundation will verify information on the application form and authorize payment to the eligible cultural institution. A
summary listing of the contributions matched will be sent quarterly with a consolidated check.
SECTION ONE To be completed by the employee, retiree, surviving spouse, or director. (Please print or type.)
CONTRIBUTOR ' S LAST NAME, FIRST NAME, MIDDLE INITIAL
CONTRIBUTOR 'S PERSONNEL NUMBER
❑ EMPLOYEE ❑ RETIREE ❑ SURVIVING SPOUSE ❑ DIRECTOR
AMOUNT OF GIFT ($20 MIN.)' AMOUNT TO BE MATCHED DATE OF GIFT
$ 1 1 1 1 1
MONTH /DAY/YEAR
TYPE OF GIFT IF GIFT IS IN THE FORM OF SECURITIES, INDICATE TYPE OF STOCK AND COMPANY NUMBER OF SHARES
❑ CASH
CONTRIBUTOR' S HOME ADDRESS
CITY/STATE/ZIP CON RIBUTOR ' s E-MAIL ADDRESS OONTRIBUTOR ' S DAYTIME PHONE
NAME OF CULTURAL INSTITUTION
CITY/STATE OF CULTURAL INSTITUTION
'The Foundation has standard procedures for valuing gifts of securities for matching Durooses In most cases the Foundation 's valuation is based on the mean of the highest
and lowest quoted selling price of the security on the date of the gift
CERTIFICATION BY THE CONTRIBUTOR

I certify that at the time of this gift I qualify as an eligible employee, retiree, surviving spouse, or director I further certify that this gift is my personal contnbuhon and that it meets
all of the conditions stated in this form, including the stipulation that neither I nor any member of my family nor any individual designated by me has received or will accept a ben-
efit of more than nominal monetary value in return for, or as a result of, this gift or its matching by the Foundation
SIGNATURE OF CONTRIBUTOR DATE
SECTION TWO To be completed by the cultural institution. (See Step 2 above) INSTITUTION NUMBER
CERTIFICATION BY THE GIFT RECIPIENT
I certify that this gift was made by the individual named above and has been received by this institution I also certify that this gift will be used for the maintenance and support
of this institution and that this institution has not provided and will not provide any benefit of more than nominal value to the donor, to any member of the donor's family or to
any individual designated by the donor in return for, or as a result of, this gift or its matching by ExxonMobil Foundation
PRINT NAME AND TITLE OF AUTHORIZED FINANCIAL OFFICER SIGNATURE OF AUTHORIZED FINANCIAL OFFICER TELEPHONE
DATE
MAILING ADDRESS pf this address has changed, please attach a letter which explains the reason)
CITY/STATE/ZIP GIFT AMOUNT TAX DEDUCTIBLE GIFT AMOUNT
ON A FAX WEBSRE ADDRESS E-MAIL ADDRESS
811-0029E
The Volunteer Involvement Program seeks to encourage Organizations
employee s. retirees . and other eligible participants to
Eligible: For Individual and Team Grants, eligible organizations must
actively contribute their time and talent to nonprofit orga- be recognized as tax exempt by the Internal Revenue Service under
nizations by providing contributions on their behalf. The Section 501(cX3) of the Internal Revenue Service Code and have an
Employer Identification Number (EIN), or be an instrumentality of a
intent of this program is to encourage volunteerism . rather
state or local government under IRC Section 170(cXl). Accredited K-12
than to provide large sums of money to organizations.
schools, accredited colleges and universities, and libraries are included.
Public charities are included, but private foundations are not.
Individual Volunteer Grants
General Guidelines Ineligible: Political organizations, churches, synagogues, etc., insofar
as the activities are religious (church-sponsored accredited schools
The Individual Volunteer Grant is designed for employees, retirees, and are eligible), private foundations, activities where the volunteer or the
other eligible participants who volunteer in the community on an indi- volunteer's family receives a direct personal benefit in return for the
vidual basis. A $500 grant can be awarded to a charitable, nonprofit
grant, organizations with limited constituencies, such as fraternities,
organization after an eligible participant volunteers at least 20 hours of
sororities, and veterans' groups. Also ineligible are organizations that
his or her time to the organization during a calendar year. Each eligible
represent a conflict of interest for employees or the Company, or may
participant (employee, retiree, etc.) may apply for four individual grants involve the Company in controversial public issues.
per calendar year. These grants niay be for the same or separate orga-
nizations, provided 20 hours of work is performed for each grant. An Application Procedure
organization may receive a maximum of $5,000 per calendar year of
Upon completing 20 hours of volunteer service, the eligible partici-
Individual Volunteer Grants. For fundraising events such as walk-a-thons,
pant should complete Part A of the application form and send the
bike-a-thons, etc., the time that a person spends raising donations and
form to the charitable organization.The organization completes Part B
walking or riding in the event does not constitute volunteer work for the
and then returns the application to the following:
purposes of the Volunteer Involvement Program The work necessary to
put on the fundraising project, such as assembling supplies and materi- Volunteer Involvement Program
als for the event, staffing of a registration table, serving of refreshments, Esaonblobil Matching Gift Programs
and event dean-up, would qualify as volunteer hours Interpretation, P.O. Box ', 288
Princeton. NI 08543-7288
application, and a dministra tion of the VIP program, which can be sus-
pended, changed, revised, or terminated at any time, shall be determined Note: Although spouses and children may participate, all application
by ExxonMobil Foundation, and its decision shall be final. forms must be completed by the employee, retiree, surviving spouse,
or director. A separate application must be completed for each $500
Eligible Applicants
grant request.
The following are eligible to participate:
All payments will be issued on a quarterly basis Application dead-
t Regular employees of Exxon Mobil Corporation or its affiliates that lines are as follows:
operate in the U.S
First Quarter - March 15
Second Quarter - June 15
is Retirees from the above companies or the Exxon Corporation
Third Quarter - September 15
Fourth Quarter - December 15
n Spouses and dependent children ages 12-25 of employees and
retirees referred to above (spouses and children may participate as part Payments for all VIP grants will be consolidated into one check and
of the four individual grants per employee or retiree per year). mailed directly to the recipient organization approximately one month
after the application deadline. A summary listing identifying all volun-
e_ Surviving spouses of deceased employees and retirees of the above teers will be included with the payment Volunteers will receive a
companies or the Exxon Corporation quarterly notification that their volunteer grants have been paid.
c Present and former outside directors of Exxon Mobil Corporation Applications must be received by March 15 to receive payment for
,-- Non-U.S -payroll employees are eligible while on assignment in the the previous calendar year's efforts.Volunteer hours may not be ear-
U.S. with Exxon Mobil Corporation consolidated affiliates.A memo from ned over from year to year
the employee's U S Human Resources Office must accompany this form If you have questions, wish to check on the status of your application, or
L Note Retirees of the Mobil Corporation are not eligible for this need additional forms, please call ExxonMobil Matching Gifts toll free
program, but may apply for a grant through the Mobil Retiree (877) 807-0204, or email exxonmobil®easymatchcom. Applications
Volunteer Program can also be obtained from the EaotonMobil Intranet
Individual Grant Apportion
COMPANY USE ONLY
Volunteer Involvement Program
Reference No 0
(To be completed by ExxonMobd)
Part A -To be completed by volunteer and forwarded to charitable organization for verification of volunteer activity Submit one application
per $500 grant requested. (Note: If volunteer is spouse or child, application must include name and signature of employee/retiree.)
Name Personnel Number
❑ Employee C] Retiree
❑ Surviving spouse ❑ Director
Volunteer's Name (If different from above) Application Date

❑ Spouse ❑ Child - List age
Mailing Address E-mail address
City State Zip
Work Phone ( ) Home Phone (
ExxonMobil Organization Work Location

(Example Upstream - ExxonMobd Production Company)
CalendarYear of Volunteer Service (Please submit one application per $500 grant requested)
Hours Hours Hours Hours Hours Hours
JAN FEB MAR APR MAY JUN
Hours Hours Hours Hours Hours Hours Hours

JUL AUG SEP OCT NOV DEC TOTAL
Name of Nonprofit Organization to Receive Grant
Describe Volunteer's Activities
CERTIFICATION BYTHE VOLUNTEER I certify that at the time of this volunteer work I qualify as an eligible employee , retiree , surviving spouse,
or director. I also certify that this volunteer work meets all of the conditions stated in the attached guidelines, including the stipulation that neither
I nor any member of my family nor any individual designated by me has received or will accept a benefit of more than nominal monetary value in
return for or as a result of this volunteer work or the grant provided by the Foundation.
Signature of Employee /Retiree Date
:wl '; -To be completed by the recipient organization (Please type or print)
Name Title Date
Name of Organization Phone ( )
Mailing Address
Cirv _ State Zip
Fax E-Mail Address Website Address
Organization's Nine (9) Digit Employer I.D No. (Attach copy of 501(c)(3)]
I ce'llIfy then the above volunteer u•mrne% have heir received and that tbegrant will be used to support tbe pamary objectives of rbu organization u btcb is classified as a lax-exempt
orgumzurrrnr under Sernun 501(e)(3) of the Internal Revenue Code, or an instru mentality of a state or local government under IRC Section 170 (cXl)
Date
Signature of Authonicd Officer
999.027aH
January 200-1
Team Volunteer Grants Organizations
General Guidelines Eligible: For Individual and Team Grants, eligible organizations must
be recognized as tax exempt by the Internal Revenue Service under
The Team Volunteer Grant is designed for employees, retirees, and
Section 501(cX3) of the Internal Revenue Service Code and have an
other eligible participants to volunteer as a group for a worthwhile
Employer Identification Number (EIN), or be an instrumentality of a
project in their community. The intent of this program is to encour-
state or local government under IRC Section 170(cXl). Accredited
age volunteerism rather than to provide large sums of money to
K-12 schools, accredited colleges and universities, and libraries are
organizations. A $500 grant can be awarded to a chartable, nonprofit
included Public charities are included, but private foundations are not.
organization served by a team of at least five eligible participants who
volunteer their own time for a combined total of at least 20 hours on Ineligible: Political organizations, churches, synagogues, etc., insofar
a specific project. A project is a specifically defined work activity that as the activities are religious (church-sponsored accredited schools
requires multiple volunteers working together at the same location at are eligible), private foundations, activities where the volunteer or
the same time. A project may have a duration of one day or may be a the volunteer's family receives a direct personal benefit in return for
reoccurring project such as a team working together on the activity the grant, organizations with limited constituencies, such as fraterni-
once a month. Volunteer efforts associated with fundraismg events ties, sororities, and veterans' groups. Also ineligible are organizations
may qualify for VIP provided the event is open to the general public; that represent a conflict of interest for employees or the Company,
planned, organized and sponsored by the nonprofit organization; and or may involve the Company in controversial public issues.
ExxonMobil volunteers are only assisting with the work necessary to Application Procedure
put on the fundraising project, such as staffing of a registration table, Complete Part A of the application form and send the form to the
serving of refreshments, event clean-up, etc The time that a person charitable organization. The organization completes Part B and then
spends raising donations or walking in a walk-a-thon, riding in a bike- returns the application to the following:
a-thon, etc, does not constitute volunteer work for the purposes of
the Volunteer Involvement Program. Examples of eligible projects Volunteer Involvement Program
ExxonMobil Matching Gift Programs
include park or river dean-ups, housing rehabilitation, and preparing
P.O. Box 7288
and serving holiday dinners at a shelter. A project that requires more
Princeton, NJ 08543-7288
than one team and generates more than $500 in a VIP grant is subject
to prior review by Public Affairs (for contacts, check www.easymatch Note: Although spouses and children may participate, all application
com/exxonmobil or call ExxonMobil Matching Gifts) An organiza- forms must be completed by the employee , retiree, surviving spouse,
tion may receive a maximum of $10,000 per calendar year in Team or director
Volunteer Grants, in addition to the $5,000 maximum for Individual All payments will be issued on a quarterly basis. Application dead-
Volunteer Grants Interpretation, application, and administration of lines are as follows.
the VIP program, which can be suspended, changed, revised, or ter- First Quarter - March 15
minated at any time, shall be determined by ExxonMobil Foundation, Second Quarter - June 15
and its decision shall be final Third Quartcr - Septcmbcr 15
Fourth Quarter - December 15
Eligible Applicants
Payments for all VIP grants will be consolidated into one check and
The following are eligible to participate mailed directly to the recipient organization approximately one
■ Regular employees of Exxon Mobil Corporation or its affiliates month after the application deadline A summary listing identifying all
that operate in the U S volunteers will be included with the payment. Volunteers will receive
a quarterly notification that their volunteer grants have been paid.
■ Retirees from the above companies or the Exxon Corporation
■ Spouses and dependent children ages 12-25 of employees and Applications must be received by March 15 to receive payment for
retirees referred to above the previous calendar year's efforts. Volunteer hours may not be car-
■ Surviving spouses of deceased employees and retirees of the ried over from year to year
above companies or the Exxon Corporation. If you have questions or wish to check on the status of your applica-
■ Present and former outside directors of Exxon Mobil Corporation tion, please call ExxonMobil Matching Gifts toll free at (877) 807-
®a Non-U S -payroll employees are eligible while on assignment to the 0204, or email exxonmobil@easymatch.com.
U S with Exxon Mobil Corporation consolidated affiliates Electronic applications are available at
■ Note Retirees of the Mobil Corporation are not eligible for this program,
www.easyrnatch.com/exxonmobil
but may apply for a grant through the Mobil Retiree Volunteer Program
Team Grant Applicati COMPANY USE ONLY
Volunteer Involvement Program
Reference No.
(To be completed by EsonMobd)
Part A - List xonMobil employee/retiree/spouse/children team volunteers and personnel numbers '
(Please type or print and use another sheet of paper if necessary)
Team Contact Name Personnel Number
❑ Employee ❑ Retiree
❑ Surviving spouse ❑ Director
E-mail Address Application Date
Mailing Address
City State Zip
Work Phone ( ) Home Phone ( )
ExxonMobil Organization Work Location
(Example Upstream - ExxonMobil Production Company)
' Volunteer Name Personnel Number

Volunteer Name Personnel Number
Date(s) of Project Combined Hours (20 minim um required)
Description of Project
If this project required more than one team and will generate more than one $500 Team Grant, prior approval MUST be obtained from
Public Affairs. Attach pre-notification form with Public Affairs endorsement (for contacts, check www.easymatch com/exxonmobil). Use
attachment to hst all Team Members (include Volunteer Name, Personnel Number, and hours each individual volunteer served).
CERTIFICATION BY THE VOLUNTEER I certify that at the time of this volunteer work I qualify as an eligible employee, retiree, surviving
spouse, or director I also certify that this volunteer work meets all of the conditions stated in the attached guidelines, including the stipulation
that neither I nor any member of my family nor any individual designated by me has received or will accept a benefit of more than nominal
monetary value in return for or as a result of this volunteer work or the grant provided by the Foundation.
Team Contact Signature Date
u° volunteer is a Spouse/chid. nter the personnel number of the employee/rep ire
Part B -To be completed by the recipient organization. (Please type or print)

Name Title Date
Name of Organization Phone ( )
Mailing Address
City _ State Zip
Fax E-Mail Address Website Address
Organization's Nine (9) Digit Employer I.D. No [Attach copy of 501(c)(3)]
I certify that the above volunteer services have been received and that the grant will be used to support the primary objectives of this organization which is classified as a tax-
exempt organization under Section 501(c)(3) of the Internal Revenue Code, or an instrumentality of a state or loca l government under IRCSectron 170(c)(1)
Date
Signature of Authorized Officer
9990274-1 B
January 2005
The Educational Matching Gift Program is intended to raising body for member institutions. Contributions
encourage giving to higher education by ExxonMobil received are divided among member schools for use
as each deems appropriate. For further information,
employees, retirees, and surviving spouses. Each calen-
write: United Negro College Fund, Matching Gifts
dar year, an employee, retiree, or surviving spouse may Coordinator, at the above address.
have up to $7,500 in gifts to U S. colleges and universi-
American Indian College Fund (AICF), 8333
ties and to certain consortia of minority colleges and Greenwood Blvd , Denver, Colorado 80221-4488. A
universities matched by the ExxonMobil Foundation. consortium of 24 tribal colleges,AICF was established
The matching ratio is three-to-one, with the Foundation in 1986 and is patterned on the United Negro College
Fund . Monies raised are divided among the member
contributing $3 for every $1 contributed by the indi-
schools to provide student scholarships and sup-
vidual. Each gift must be a minimum of $20 port for academic programs . For further information,
write : American Indian College Fund , Matching Gifts
Eligible Donors Coordinator, at the above address.
■ Regular employees of Exxon Mobil Corporation or
its affiliates that operate in the U.S. (This includes Hispanic Scholarship Fund (HSF), One Sansome
U.S. domestic employees on expatriate assignment.) Street, Suite 1000, San Francisco, California 94104.
HSF was established in 1975 to provide scholarships to
■ Retirees from the above companies or the Exxon
Hispanic students at all levels of higher education, but
Corporation.
principally to four-year college students . In selecting
■ Surviving spouses of deceased employees and retirees scholarship recipients , the Fund considers academic
of the above companies or the Exxon Corporation, as achievement , personal strengths and leadership, and
defined by ExxonMobil Human Resources. financial need . It also takes into account the geographic
distribution of Hispanics in the U. S. For further infor-
■ Present and former outside directors of Exxon
Mobil Corporation or the Exxon Corporation. mation, write to: Hispanic Scholarship Fund, Matching
Gifts Coordinator, at the above address.
■ Non-U.S.-payroll employees are eligible while
on assignment in the U.S. with Exxon Mobil Eligible Gifts
Corporation consolidated affiliates. Colleges & Universities
(NOTE: Retirees of Mobil Corporation are not eligible To be eligible for matching , a gift to a college or
for this program.) university must meet all of the following conditions:
Eligible Recipients c It must be made to a college or university with

• Two- and four-year colleges and universities that are which the donor has a personal affiliation: you, your
degree-granting, accredited, exempt from Federal spouse, or one of your children must have received
taxes, and physically located in the U.S. a degree from, attended, or currently be attending
the institution or have been or currently be a mem-
e The following three consortia of minority colleges ber of its faculty, administration, or board of trustees.
and universities:
E It must be an actual donation, not a pledge.
United Negro College Fund (UNCF), 8260 Willow
t2 It must be in the form of cash or publicly traded
Oaks Corporate Drive, P 0 Box 10444, Fairfax,
securities.
Virginia 22031-4511 A consortium of 42 private,
historically black colleges and universities, UNCF o it must be made directly to the college or university.
was established in 1944 to serve as a central fund- That is, the donation should be made to the parent
r
L
■ bequests; attachment, to:
ExxonMobil Matching Gift Program
■ charitable remainder trusts and other types of PO. Box 7288
deferred gifts; Princeton, NJ 08543-7288
■ gifts of real or personal property (other than cash or

securities); Foundation
■ class or other dues; After an initial review for eligibility, we will advise the
donor of our receipt of the form and of our intention to
■ subscription fees for publications;
issue a matching grant.
■ gifts in the form of premiums on insurance under
We issue matching gifts checks once a year.All eligible
which the institution is beneficiary;
2004 matching gift applications reaching us by March 1,
■ gifts to support college radio or television stations 2005, will be matched in April, 2005. Applications with
(Such gifts may be eligible for matching under the gift dates in 2005 will be matched in April 2006 pro-
Cultural Matching Gift Program.) vided that the application is received by the Foundation
by March 1, 2006.
How To Do It
Donor Administration
Fill out Section One of the matching gift application The matching gift program is regularly reviewed and
form (back page of this folder), including the "specific may be changed, suspended, revoked, or terminated at
purpose designated for gift" line, and send this entire any time.
folder and your gift to the College, university, or eligible
minority organization. (Gifts to the minority organiza- The interpretation, application, and administration of
tions should be sent only to the addresses indicated the program shall be determined by the ExxonMobil
in the Eligible Institutions section of this folder.) A gift Foundation, and our decision shall be final.
remains eligible for matching for twelve months after
We reserve the right to audit institutional records
the date of the contribution. In calculating the $7,500
and documents pertaining to this program and
annual ceiling on your matching gifts, we will assign
to request supporting donor documentation we
each gift to the calendar year in which it was made.
consider necessary.
Eligible Institution or Minority Organization If a matching grant is at any time found to have been
generated by an ineligible gift, we will expect the return
When you receive the donor's contribution and
of our grant funds.
matching gift folder, please review the conditions
of the program. If the gift has been designated for We reserve the right to suspend from the program
scholarship purposes, append to the application form, any institution we believe has violated matching gift
for ExxonMobil Foundation use, a description of program guidelines.
the terms and conditions that will be used to select
Questions regarding this program should be directed to:
recipients . (Please note that gifts for scholarships are
NOT eligible for matching if [1] individuals other ExxonMobil Matching Gift Program
P.O. Box 7288
than institution faculty or administrators participate
Princeton, Nil 08543-7/2-88
in selecting the recipient ; [ 2] the scholarship is to
be awarded to an acquaintance of the donor or to a Telephone (toll free): (877) 807-0204
member of the donor 's extended family; [ 3] participa- Email: exxoiunobil @ easvmatch.com
tion in intercollegiate sports enters in to scholarship Electronic applications are available at

decisions; [4] the terms and conditions of the scholar- ,"w,"w. easvmatch.corn/exxonmobil
ship are less stringent than those normally used by
the institution in awarding scholarships )
-ti
If the gift meets the conditions of the ExxonMobil
Foundation matching gift program, fill out Section
Two of the application form and send only the appli-
cation form and, if a gift for scholarships , the required
LJ
institution, not to a sub-unit of the institution or ■ neither you nor any member of your extended
to a separately incorporated group or organiza- family benefits from the scholarship.
tion acting as a conduit of funds to the institution.
Along with your matching gift application, the
(Exception: Gifts may be made to the general-pur-
institution is required to submit a description of the
pose foundations that exist at some state-support-
terms and conditions attached to the scholarship.
ed colleges and universities.)
Donors wishing their gifts to be used for a specific Ineligible Gifts

purpose (e.g., a particular sub-unit such as a depart- The following information is intended to supplement,
ment, school, program, or fund) should indicate this not to replace, the information in the above section
when they fill out the "specific purpose designated entitled "Eligible Gifts" Read both sections carefully
for gift" line in the matching gift application form. before submitting a matching grant application.
Note, however, that the Foundation's matching
grant is always unrestricted - that is, we do not The Foundation will not match:
tell the institution how to use it
■ gifts used to support intercollegiate athletics,
■ It must be a charitable contribution. Neither you including gifts applied to athletic scholarships and
nor any member of your extended family nor any gifts applied to physical facilities that are used for
person you designate may receive a benefit or gift intercollegiate athletics;
of more than token value in return for or as a result
■ gifts that in themselves or in combination with
of either your contribution or the Foundation's
Foundation matching grants lead to the donor's
matching gift.
receiving benefits of more than token value, such as
■ It must be your personal contribution, not a tickets to athletic events or options to purchase such
contribution made with funds received or collected tickets;
from other individuals, groups, or organizations for
■ tuition or payments made in lieu of tuition;
the purpose of making the gift.
■ gifts for the private benefit of specified individuals;
Minority Organizations
■ gifts to provide scholarships or financial aid to
Eligibility criteria for gifts to the three minor- individuals designated by the donor or selected by
ity organizations are the same as those for gifts to anyone other than faculty or administrators of
colleges and universities except that: the institution;
■ You do not need to be affiliated with one of the ■ gifts for scholarships with terms and conditions
member colleges and universities in order to make less stringent than those used by the institution in
a gift to UNCF, AICF, or HSE awarding scholarships out of its general scholarship
fund;
E Your gift to any of the organizations must be
unrestricted - that is , you may not designate it L gifts made in lieu of pledges, tithes, or other
either for a particular purpose, a particular college financial commitments to a church or other non-
or university, or a particular type of student. eligible institution;
a gifts made with funds given to the employee or retiree

Scholarships
for donation purposes by any other individuals;
Gifts designated for scholarships are eligible only if:
IR gifts given to or through third-party organizations
10 no one but faculty or administrators of the such as separately incorporated booster clubs,
institution participate in selecting the recipients; alumni associations, or foundations (with the excep-
tion of [ 1 ] the general-purpose foundations that
r the terms and conditions of the award are at least
exist at some publicly supported colleges and uni-
as restrictive as those used by the institution in
versities and [2] the three minority organizations
awarding scholarships out of its general scholarship eligible to participate in this program);
fund;
a gifts to support fraternities, sororities, or other
a participation in intercollegiate sports is not a social clubs whose membership is not open to all
criterion for eligibility; university students,
OcxonMobil Foundatic
Educational Matching Gift Program 2005
P.O Box 7288, Princeton, AJ 08543-7288
Section One To be completed by the einplopee, retiree surviving spouse, or director Please print or type
CONTRIBUTOR INFORMATION
Last Name Initials Personnel Number

❑ Employee ❑ Retiree
❑ Surviving Spouse ❑ Director
Home Address E-Mail Address
City State Zip Daytime Phone (
Donor's affiliation with the college or university (Tlbis information is required):

Received degree from/attended/attending: ❑ Employee/Retiree ❑ Spouse/Surviving Spouse ❑ Child Cl Director
Member of administration/faculty/governing board ❑ Employee/Retiree ❑ Spouse/Surviving Spouse ❑ Child ❑ Director
Full name, including maiden name, of affiliated person

Full name of any relative (spouse, child, or grandchild)
currently receiving financial aid from the institution -
GIFT INFORMATION
Type of gift ❑ Cash ❑ Securities :' Type of stock Number of shares
Date of gift Amount of gift ($20 ruin.) $ Name of company issuing stock
Amount of gift (write out)
Amount to be matched
College, university, or minority organization name
College, university, or minority organization city/state
Specific purpose or activity designated for college or university gift

The Foundation has standard procedures for valuing gifts of securities for matching purposes In most cases, the Foundation 's valuation is based on the
mean of the highest and lowest quoted selling price of the security on the date of the gift
CERTIFICATION BY THE CONTRIBUTOR

I certify that at the time of this gift I qualify as an eligible employee, retiree, surviving spouse, or director I also certify that this gift is my
personal contribution and that it meets all of the conditions stated in this folder, including the stipulation that neither I nor any member of
my family nor any individual designated by me has received or will accept a benclit of more than nominal monetary value in return for or
as a result of this gift or its matching by the Foundation I understand that non-compliance with Program guidelines stated in this folder or
falsification of data submitted on this application may result in disciplinary action by Exxon Mobil Corporation.
Signature of Contributor Date
Section Two To lie completed by the coll ege, tnn+,e +:crtit o r ,ni,,o,iii rr+^n,u^r+lrnu
If donor's gift is designated for a scholarship or scholarship fund, plcasc attach dt-scription of the terms and conditions of the award.
(if description is not attached, processing unit be delayed)
CERTIFICATION BY THE GIFT RECIPIENT

I certify that this gift was made by the individual named above and has been rc cried ht this in.uttit loll or organization I also certify this gift will be used for
the maintenance and support of this institution or for the specdicd purpose, of till% nunnnh orgamenuon within the limitations of the Foundation's match-
ing program guidelines and that this institution or organization has not provided and will not prin tdc any benefit of more than nonunal monetary value to the
donor, to any member of the donor's family, or to any individual designated by the rlunur in return for or as a result of this gift or its matching by the Foundation
I also certify that I) any financial aid being provided to a relative of [lit (lunrn is not al.ucd in any way to the donor's gift or to the Foundation's matching
of that gift, and 2) no one except for faculty or administrators of the tnsuwuon p.trni spate in wit cung recipients of any scholarship funded by either the
donor's gift or the Foundation's matching of that gilt
I further certify that this is (a) one of the mmont% organizations qualified for %uhlwun h% l-zxonMobil Foundation or (b) a degree-granting college
or university located in a state, distract, territory, or Ito+.xaiurt of the I Imu•rl St.nc•., ,nnhnnie d to grant degrees by the governmental body empowered to confer
such authorization, accredited or awarded pre-accrcdnauon ,t.nus h% an accrediting ,ug tit y n cognioed by the U S Department of Education, and an exempt
organization under Section 501(cX3) of the Internal Revenue (tide
Print name and title of authorized financial officer Telephone
Signature of authorized financial officer Date
MailtngAddress
Cm'/State/71p Gift Amount 'Iaa-l)ttlucuhle Gift Amount EIN #
Fax Wcbstte Address E-Mail Address

999-0273C
Matching Gift Programs
0 C
P 0 Box 7288
Princeton, New Jersey 08543-7288
877 807 0204 (Toll Free)
exxonmobil@easymatch com
EonMobil
December 15, 2004
Dear Educational Matching Gift Program Participant:
Thank you for your past participation in the ExxonMobil Foundation Educational Matching Gift
Program. In 2003, ExxonMobil employees and retirees gave more than $6.4 million to colleges and
universities. In April 2004, ExxonMobil matched your generous donations with contributions of more
than $16.1 million, continuing to make our Program one of the largest and most successful in the country.
Effective in 2005, the maximum amount you may have matched by ExxonMobil Foundation will
increase from $5,000 to $7,500. The 2005 Educational Matching Gift application reflecting this change
is enclosed.
Additionally, we and pleased to announce the launch of a new ExxonMobil Foundation web site at:
www.easymatch.com/exxorunobil
This web site will allow you to submit your Educational Matching Gift applications electronically.
In addition, you can check the status of submitted applications, review a history of your past donations,
and obtain information on other Foundation Programs - all on-line. We hope that you will log onto the
web site and utilize its features.
The Foundation will continue to utilize current eligibility and application schedules, issuing matching
grant checks once each year. All eligible 2004 Matching Gift applications reaching us by March 1, 2005
will be matched in April 2005. Applications with gift dates in 2005 will be matched in April 2006,
provided that the application is received by the Foundation by March 1, 2006.
If you have questions about the Educational Matching Gift Program or our new web site, please contact
us toll free at (877) 807-0204.
We look forward to your continued participation in 2005.
Sincerely,
E. F. Ahnert
President
Enclosure
Schedule of 2005 Appropriations and Payments - by Program Area
December 31, 2005
Beginning New Ending

Payee Organization Tax Status Balance Allocations Amended Amount Paid Balance
Arts and Culture

Anchorage Concert Association 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
P.O. Box 7002
Anchorage, AK 99501
General Operating Support
$10,000.00
2005
Anita N . Martinez Ballet Folklorico , Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
4422 Live Oak Street
Dallas, TX 75204-6719
Academy Support
$5,000.00
2005
Cultural Matching Gifts Program Other $28,705.41 $1,137,082.77 $0.00 $1,130,680.52 $35,107.66
Irving, TX 75039
2005 ExxonMobil Cultural Matching Gifts
$1,130,680.52
2005
Dallas Children ' s Theater 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
Rosewood Center for the Family Arts 5938 Skillman
Dallas, TX 75231
Curtains Up On Reading Program
$10,000.00
2005
Fairbanks Concert Association 501c(3) $0.00 $2,500.00 $0.00 $2,500.00 $0.00
P.O. Box 80547
Fairbanks, AK 99708
$2,500.00
2005
Houston Museum of Natural Science 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
Page 1 2005 Foundation IRS 990 Report

December 31, 2005

I Hermann Circle Drive

Houston , TX 77030-1799
ExxonMobil Career Challenge
$50,000.00
2005
Mobil Retiree Matching Gifts Program Other $0.00 $475,481.67 $0.00 $475,481.67 $0.00
Irving, TX 75039
2005 Mobil Retiree Matching Gifts - Arts & Culture
$475,481.67
2005
Total Arts and Culture $28,705.41 $ 1,690 ,064.44 $0.00 $1,683,662.19 $35,107.66
Civic and Community

A.R.T.S. for People 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
11300 North Central Expressway, Suite 316
Dallas, TX 75243-6711
CSJP 2005 Dallas
$2,000.00
2005
Advisory Board of Booker T. Washington High School 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2501 Flora Street, Building B
Dallas, TX 75201
CSJP 2005 Dallas
$2,000.00
2005
AHC, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2300 South Ninth Street, Suite 200
Arlington, VA 22204
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

AIDS Foundation Houston 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

3202 Weslayan Annex
Houston, TX 77027
CSJP 2005 Houston
$2,000.00
2005
Alameda Heights Outreach Foundation 501c(3) $0.00 $12,500.00 $0.00 $12,500.00 $0.00
2721 Lyola Street
Dallas, TX 75241
$12,500.00
2005
Alaska Center for Children and Adults, Inc. 501 c (3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1020 Barnette
Fairbanks, AK 99701
CSJP 2005 Alaska
$2,000.00
2005
Alaska Dance Theatre 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2602 Gambell Street
Anchorage, AK 99503
CSJP 2005 Alaska
$2,000.00
2005
Alaska Fine Arts Academy 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 773989
Eagle River, AK 99577
CSJP 2005 Alaska
$2,000.00
2005
Alaska Native Heritage Center 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
8800 Heritage Center Drive

December 31, 2005

Anchorage, AK 99506
Native Culture Programs
$10,000.00
2005
Alaska Zoo 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4731 O'Malley Road
Anchorage, AK 99507
CSJP 2005 Alaska
$2,000.00
2005
Aldine Youth Organization United to Help 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 11044
Houston, TX 77293
CSJP 2005 Houston
$2,000.00
2005
Alley Theatre 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
615 Texas Avenue
Houston, TX 77002
CSJP 2005 Houston
$2,000.00
2005
Alzheimer ' s Family Day Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2812 Old Lee Highway, Suite 210
Fairfax, VA 22031
CSJP 2005 Fairfax
$2,000.00
2005
American Diabetes Association Inc. 170c(1) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1211 Connecticut Avenue NW, Suite 204
CSJP 2005 Fairfax

December 31, 2005

$2,000.00
2005
American Red Cross 501c(3) $0.00 $500,000.00 $0.00 $500,000.00 $0.00
National Headquarters 2025 E. Street NW
Tsunami Disaster Relief
$500,000.00
2005
American Red Cross Blood Biomedical Service 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
One Medical Parkway, Suite 109
Farmers Branch, TX 75234
CSJP 2005 Dallas
$2,000.00
2005
American Red Cross Greater Houston Area Chapter 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 397
Houston, TX 77001-0397
CSJP 2005 Houston
$2,000.00
2005
American Red Cross of Baytown 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
5309 Decker Drive
Baytown, TX 77520
CSJP 2005 Baytown
$1,650.00
2005
American Red Cross of the National Capital Area 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8550 Arlington Boulevard
Fairfax, VA 22031
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

American Red Cross of Wyoming 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3619 Evans Avenue
Cheyenne, WY 82001
CSJP 2005 Wyoming
$2,000.00
2005
American Red Cross, Plains Chapter 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1262
Guymon, OK 73942
CSJP 2005 Miscellaneous
$2,000.00
2005
Amigos de las Americas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5618 Star Lane
Houston, TX 77057
CSJP 2005 Houston
$2,000.00
2005
Anchorage Symphony Orchestra 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
400 D Street, Suite 230
Anchorage, AK 99501
CSJP 2005 Alaska
$2,000.00
2005
Angel Flight South Central 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4310 Amelia Earhart Drive
Addison, TX 75001
CSJP 2005 Dallas
$2,000.00
2005
ARC of Dallas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
12700 Hillcrest, Suite 200

December 31, 2005

Dallas, TX 75230
CSJP 2005 Dallas
$2,000.00
2005
ARC of Greater Houston 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 924168
Houston, TX 77292
CSJP 2005 Houston
$2,000.00
2005
Arlington Free Clinic Inc . 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2926 Columbia Pike
Arlington, VA 22204
CSJP 2005 Fairfax
$2,000.00
2005
Arlington -Alexandria Coalition for the Homeless, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3103 9th Road North
Arlington, VA 22201
CSJP 2005 Fairfax
$2,000.00
2005
Armand Bayou Nature Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P. O. Box 58828
Houston, TX 77258
CSJP 2005 Houston
$2,000.00
2005
Armand Bayou Nature Center 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
P. O. Box 58828
Houston, TX 77258
Creepy Crawlers, Education Programs, EcoCamp

December 31, 2005

$10,000.00
2005
Asia Society 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4605 Post Oak Place, Suite 205
Houston, TX 77027
CSJP 2005 Houston
$2,000.00
2005
Asian American Family Counseling Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6220 Westpark Drive, Suite 228
Houston, TX 77057
CSJP 2005 Houston
$2,000.00
2005
Aspira Association , Inc. 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
1444 Eye Street, NW, Suite 800
$20,000.00
2005
Audubon Nature Institute, Inc. 501c(3) $0.00 $4,000.00 $0.00 $4,000.00 $0.00
P.O. Box 870610
New Orleans, LA 70187
CSJP 2005 New Orleans
$4,000.00
2005
Autism Treatment Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
10503 Metric Drive
Dallas, TX 75243
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

Avance, Inc. 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00

Dallas Chapter 2816 Swiss Avenue
Dallas, TX 75204
$15,000.00
2005
Avance, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Dallas Chapter 2816 Swiss Avenue
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Baton Rouge Area Young Women ' s Christian Associatioi 501c(3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
3955 Government Street, Suite 7
Baton Rouge, LA 70806
CSJP 2005 Baton Rouge
$3,300.00
2005
Baton Rouge Green Association , Inc. 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
448 North 1 1 Street
$1,650.00
2005
Bay Area Turning Point 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
210 S. Walnut
Webster, TX 77598
CSJP 2005 Houston
$2,000.00
2005
Baylor Family Practice at Garland 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
601 Clara Barton, Suite 340

December 31, 2005

Garland, TX 75042
CSJP 2005 Dallas
$2,000.00
2005
Baytown Resource and Assistance Center 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
P.O. Box 425
Baytown, TX 77522
CSJP 2005 Baytown
$1,650.00
2005
Bellingrath - Morse Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
12401 Bellingrath Gardens Road
Theodore, AL 36582
CSJP 2005 Alabama
$2,000.00
2005
Bering Omega Community Services 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P. O. Box 540517
CSJP 2005 Houston
$2,000.00
2005
Better Business Bureau of Metropolitan Houston Educati 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1333 West Loop South, Suite 1200
Houston, TX 77027
CSJP 2005 Houston
$2,000.00
2005
Big Brothers Big Sisters Greater Fairbanks Area , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 73924
Fairbanks, AK 99707
CSJP 2005 Alaska

December 31, 2005

$2,000.00
2005
Big Brothers Big Sisters of Southeast Texas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6437 High Star Drive
Houston, TX 77074
CSJP 2005 Houston
$2,000.00
2005
Big Thought 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2501 Oak Lawn Suite 550, LB 42
Dallas, TX 75219
CSJP 2005 Dallas
$2,000.00
2005
Billings Public Education Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
415 North 30th Street
Billings, MT 59101
CSJP 2005 Billings
$2,000.00
2005
Boat People SOS Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
11205 Bellaire Boulevard, Suite B22
Houston, TX 77072
CSJP 2005 Houston
$2,000.00
2005
Borough of Paulsboro 170c(1) $0.00 $60,000.00 $0.00 $60,000.00 $0.00
1211 Delaware Street
Paulsboro, NJ 08066
Green Team
$60,000.00
2005

December 31, 2005

Bo's Place 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

5501 Austin Street
Houston, TX 77004
CSJP 2005 Houston
$2,000.00
2005
Boy Scouts of America Circle Ten 571 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
P.O. Box 35726
Dallas, TX 75235
Scoutreach Program / General Operating Support
$30,000.00
2005
Boy Scouts of America Circle Ten 571 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 35726
Dallas, TX 75235
CSJP 2005 Dallas
$2,000.00
2005
Boy Scouts of America National Council 501 c(3) $0.00 .$50,000.00 $0.00 $50,000.00 $0.00
P.O. Box 152079
Irving, TX 75015-2079
Scout Storytelling Exhibit Area ($250k: 2002-2006)
$250,000.00
2002
Boy Scouts of America , Sam Houston Area Council 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
P.O. Box 924528
Houston, TX 77292
Friends of Scouting Annual Campaign
$20,000.00
2005
Boys & Girls Clubs of Greater Baton Rouge , Inc. 501c (3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
P.O. Box 4322

December 31, 2005


$3,300.00
2005
Boys and Girls Club of Lompoc Valley 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
1025 West Ocean Avenue
Lompoc, CA 93436
CSJP 2005 Santa Ynez
$6,000.00
2005
Boys and Girls Club of Santa Maria Valley, Inc. 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
901 No. Railroad Avenue
Santa Maria, CA 93458
$6,000.00
2005
Boys and Girls Clubs of Southeast Louisiana, Inc. 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 24817
New Orleans, LA 70184-4817
$2,000.00
2005
Boys and Girls Clubs of Greater Dallas, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4816 Worth Street
Dallas, TX 75246-1154
CSJP 2005 Dallas
$2,000.00
2005
Boys and Girls Country of Houston , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
18806 Roberts Road
Hockley, TX 77447
CSJP 2005 Houston

December 31, 2005

$2,000.00
2005
Brain Injury Services 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8136 Old Keene Mill Road, Suite B-102
Springfield, VA 22152
CSJP 2005 Fairfax
$2,000.00
2005
Bridge Over Troubled Waters 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 3488
Pasadena, TX 77501
CSJP 2005 Houston
$2,000.00
2005
Buckner Orphan Care International 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4830 Samuell Boulevard
Dallas, TX 75228
CSJP 2005 Dallas
$2,000.00
2005
Camp Fire USA 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Lone Star Council 4411 Skillman
Dallas, TX 75206
CSJP 2005 Dallas
$2,000.00
2005
Capital Area Foodbank 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
645 Taylor Street, NE
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

Casa de Esperanza De Los Ninos, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 66581
Houston, TX 77266
CSJP 2005 Houston
$2,000.00
2005
Catalyst for Women Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
120 Wall Street, 5th Floor
New York, NY 10005
General Operating Support Support
$30,000.00
2005
Catholic Charities of Dallas, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3725 Blackburn
Dallas, TX 75219
CSJP 2005 Dallas
$2,000.00
2005
CEDPA 501c(3) $0.00 $375,000.00 $0.00 $375,000.00 $0.00
1133 21st Street, NW, Suite 800
Global Women in Management Program
$375,000.00
2005
CEDPA 501c(3) $0.00 $250,000.00 $0.00 $250,000.00 $0.00
Empowering Girls for Future Leadership: ($750k: 2005-2007)
$750,000.00
2005
Center for Inspired Teaching 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1421 22nd Street, NW

December 31, 2005

CSJP 2005 Fairfax
$2,000.00
2005
Center for Nonprofit Management 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
2902 Floyd Street
Dallas, TX 75204
IMPACT for Irving
$25,000.00
2005
Central Fairfax Services 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6860 Commercial Drive
Springfield, VA 22151
CSJP 2005 Fairfax
$2,000.00
2005
Child Advocates Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2401 Portsmouth, Suite 210
Houston, TX 77098
CSJP 2005 Houston
$2,000.00
2005
ChildBuilders 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7000 Regency Square, Suite 230
Houston, TX 77036
CSJP 2005 Houston
$2,000.00
2005
Childhelp , USA 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Fairfax, VA 22031
CSJP 2005 Fairfax

December 31, 2005

$2,000.00
2005
Chinese Community Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5855 Sovereign Drive
Houston, TX 77036
CSJP 2005 Houston
$2,000.00
2005
Christian Community Service Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 27924
Houston, TX 77227
CSJP 2005 Houston
$2,000.00
2005
Christian Works for Children , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6320 LBJ Freeway, Suite 122
Dallas, TX 75240
CSJP 2005 Dallas
$2,000.00
2005
Citizens Development Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8800 Ambassador Row
Dallas, TX 75247
CSJP 2005 Dallas
$2,000.00
2005
City of Barrow -'ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 629
Barrow, AK 99723
CSJP 2005 Alaska
$2,000.00
2005

December 31, 2005

City of Bayou La Batre 'ity Governmen $0.00 $4,000.00 $0.00 $4,000.00 $0.00
13785 South Wentzell Avenue
Bayou La Batre, AL 36509-2408
CSJP 2005 Alabama
$4,000.00
2005
City of Baytown Fire and Rescue 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
311 ON. Main
Baytown, TX 77521
CSJP 2005 Baytown
$1,650.00
2005
City of Baytown Texas Parks & Recreation Department ;ity Governmen $0.00 $30,000.00 $0.00 $30,000.00 $0.00
2407 Market Street
Baytown, TX 77520
Nature Center
$30,000.00
2005
City of Beaumont 170c(l) $0.00 $82,400.00 $0.00 $82,400.00 $0.00
P.O. Box 3827
Beaumont, TX 77704
Green Team
$82,400.00
2005
City of Dallas 170c(1) $0.00 $252,000.00 $0.00 $252,000.00 $0.00
Housing Department 1500 Marilla Street
Dallas, TX 75201
Green Team
$252,000.00
2005
City of Dallas -'ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Water Utilities Department 1500 Manila Street, Room 4/A/N

December 31, 2005

Dallas, TX 75201
CSJP 2005 Dallas
$2,000.00
2005
City of Gladewater :ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1725
Gladewater, TX 75647
$2,000.00
2005
City of Houston, Office of the Mayor '.ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Volunteer Initiatives Program P.O. Box 1562
CSJP 2005 Houston
$2,000.00
2005
City of Hugoton -'ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 788
Hugoton, KS 67951
$2,000.00
2005
City of Kaktovik -'ity Governmen $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 27
Kaktovik, AK 99747
CSJP 2005 Alaska
$2,000.00
2005
City of Torrance 170c(l) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
ExxonMobil Green Team 3031 Torrance Boulevard
Torrance, CA 90503
Green Team

December 31, 2005

$100,000.00
2005
Columbia Lighthouse for the Blind 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 120 20th Street, NW, Suite 750 South
CSJP 2005 Fairfax
$2,000.00
2005
Communities in Schools Beaumont, Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
P.O. Box 20164
Beaumont, TX 77720-0164
$5,000.00
2005
Community Action Commission of Santa Barbara Count 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
5638 Hollister Avenue, Suite 230
Goleta, CA 931 17
$6,000.00
2005
Community Association for the Welfare of School Childr 501c(3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
440 North Foster Drive
$3,300.00
2005
Community Foundation for the National Capital Region 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
1201 15th Street, NW, Suite 420
$30,000.00
2005

December 31, 2005

Coptic Orphans Support Association 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 2881
Merrifield, VA 22116
CSJP 2005 Fairfax
$2,000.00
2005
Covenant House Washington DC 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2001 Mississippi Avenue, SE
CSJP 2005 Fairfax
$2,000.00
2005
Covenant House Alaska 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 104640
Anchorage, AK 99510-4640
CSJP 2005 Alaska
$2,000.00
2005
Covenant House Texas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 1 1 1 Lovett Boulevard
Houston, TX 77006
CSJP 2005 Houston
$2,000.00
2005
Crisis Intervention of Houston Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3015 Richmond, Suite 120
Houston, TX 77098
CSJP 2005 Houston
$2,000.00
2005
CrisisLink 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5275 Lee Highway, Suite 301

December 31, 2005

Arlington, VA 22207
CSJP 2005 Fairfax
$2,000.00
2005
Dallas After-School All- Stars 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3008 Taylor Street
Dallas, TX 75226
CSJP 2005 Dallas
$2,000.00
2005
Dallas Arboretum & Botanical Society, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8617 Garland Road
Dallas, TX 75218
CSJP 2005 Dallas
$2,000.00
2005
Dallas Bethlehem Center, Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
4410 Leland Avenue
Dallas, TX 75215
$5,000.00
2005
Dallas CASA 501 c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
2815 Gaston Avenue
Dallas, TX 75226
$15,000.00
2005
Dallas CASA 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2815 Gaston Avenue
Dallas, TX 75226
CSJP 2005 Dallas

December 31, 2005

$2,000.00
2005
Dallas Center for Contemporary Art 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
c/o The Contemporary 2801 Swiss Avenue
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Dallas Challenge , Inc. 501 c(3) $0.00 $2,000 00 $0.00 $2,000.00 $0.00
7777 Forest Lane, Suite B-140
Dallas, TX 75230
CSJP 2005 Dallas
$2,000.00
2005
Dallas Children 's Advocacy Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3611 Swiss Avenue
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Dallas City Homes Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
729 North Bishop Avenue
Dallas, TX 75208
CSJP 2005 Dallas
$2,000.00
2005
Dallas Community Lighthouse 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 495787
Garland, TX 75049
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

Dallas Community Television , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1253 Round Table Drive
Dallas, TX 75247
CSJP 2005 Dallas
$2,000.00
2005
Dallas County Historical Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
The Sixth Floor Museum at Dealey Plaza 411 Elm Street, Suite 120
Dallas, TX 75202
CSJP 2005 Dallas
$2,000.00
2005
Dallas Historical Society 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Hall of State Fair Park P.O. Box 150038
Dallas, TX 75315-0038
CSJP 2005 Dallas
$2,000.00
2005
Dallas Jewish Coalition for the Homeless lnc./Vogel Alco, 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7557 Rambler Road, Suite 262
Dallas, TX 75231
CSJP 2005 Dallas
$2,000.00
2005
Dallas Life Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 100 Cadiz Street
Dallas, TX 75215
CSJP 2005 Dallas
$2,000.00
2005
Dallas Reads 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4210 Junius, Suite 400

December 31, 2005

Dallas, TX 75246
CSJP 2005 Dallas
$2,000.00
2005
Dallas Theater Center 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3636 Turtle Creek Boulevard
Dallas, TX 75219
CSJP 2005 Dallas
$2,000.00
2005
De Madres A Madres, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1108 Paschall
Houston, TX 77009
CSJP 2005 Houston
$2,000.00
2005
Diocese of Arlington Office of Resettlement 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
80 N. Glebe Road
Arlington, VA 22203
CSJP 2005 Fairfax
$2,000.00
2005
EAA Aviation Foundation , Inc. 501c(3) $0.00 $1,000.00 $0.00 $1,000.00 $0.00
P.O. Box 2683
Oshkosh, WI 54903
Young Eagles Program
$1,000.00
2005
Empower Program , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4420 Connecticut Avenue, NW, Suite 250
CSJP 2005 Fairfax

December 31, 2005

$2,000.00
2005
Episcopal High School 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4621 Fournace Place
Bellaire, TX 77401
CSJP 2005 Houston
$2,000.00
2005
Fairbanks Neighborhood Housing Services , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 71168
Fairbanks, AK 99701
CSJP 2005 Alaska
$2,000.00
2005
Fairfax Area Christian Emergency and Transitional Sen 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
10565 Lee Highway, Suite 10
Fairfax, VA 22030
CSJP 2005 Fairfax
$2,000.00
2005
Falls Church-McLean Children ' s Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7320 Idylwood Road
Falls Church, VA 22043
CSJP 2005 Fairfax
$2,000.00
2005
Family Forward , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Project EMPLOY 1451 John West Road
Austin, TX 75228
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

Family Gateway, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

2910 Swiss Avenue
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Family Service Agency of Santa Barbara 501c(3) $0.00 $6,000.00 $0.00 $6,000 00 $0.00
123 West Gutierrez
Santa Barbara, CA 93101
$6,000.00
2005
Family Services of Greater Houston 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3815 Montrose, Suite 200
Houston, TX 77006
CSJP 2005 Houston
$2,000.00
2005
Family to Family Network 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
13150 FM 529, Suite 106
Houston, TX 77041
CSJP 2005 Houston
$2,000.00
2005
Ferguson Road Initiative 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 570417
Dallas, TX 75357
CSJP 2005 Dallas
$2,000.00
2005
First Nations Development Institute 501c (3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
2300 Fall Hill Avenue, Suite 412

December 31, 2005

Fredericksburg, VA 22401
National Tribal Marketing
$5,000.00
2005
First Planning District Consortium 170c(1) $0.00 $68,000.00 $0.00 $68,000.00 $0.00
P.O. Box 1099
Chalmette, LA 70044-1099
Green Team
$68,000.00
2005
First Tee of Dallas 501c (3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1201 Elm Street, Suite 5400
Dallas, TX 75270
CSJP 2005 Dallas
$2,000.00
2005
Food & Friends Inc. 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
219 Riggs Road, NE
CSJP 2005 Fairfax
$2,000.00
2005
Food Bank of Sweetwater County 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
90 Center Street
Rock Springs, WY 82901
CSJP 2005 Wyoming
$2,000.00
2005
Food for Others , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2938 Prosperity Avenue
Fairfax, VA 22031
CSJP 2005 Fairfax

December 31, 2005

$2,000.00
2005
For Love of Chrildren Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1816 12th Street, NW
CSJP 2005 Fairfax
$2,000.00
2005
Foundation Center 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
79 Fifth Avenue
New York, NY 10003-3076
$10,000.00
2005
Franklin Primary Health Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 2048
Mobile, AL 36652-2048
CSJP 2005 Alabama
$2,000.00
2005
Freelance Players, Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
8 St. John Street
Jamaica Plain, MA 02130
Urban Improv
$5,000.00
2005
Friends of Hermann Park 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6201 A Golf Course Drive
Houston, TX 77030
CSJP 2005 Houston
$2,000.00
2005

December 31, 2005

Galaxy Counseling Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

1025 S. Jupiter
Garland, TX 75042
CSJP 2005 Dallas
$2,000.00
2005
Gifts In Kind International 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
333 North Fairfax Street
Alexandria, VA 22314
Global Computer Donations
$15,000.00
2005
Girl Scouts Susitna Council 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3911 Turnagain Street
Anchorage, AK 99517
CSJP 2005 Alaska
$2,000.00
2005
Girls Incorporated of Metropolitan Dallas 501c(3) $0.00 $2,000.00 $0.00 $2,000 00 $0.00
2040 Empire Central Drive
Dallas, TX 75235
CSJP 2005 Dallas
$2,000.00
2005
Globe Aware 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7232 Fisher Road
Dallas, TX 75214-1917
CSJP 2005 Dallas
$2,000.00
2005
Goodwill Industries of Dallas, Inc. 501c (3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3020 Westmoreland Road

December 31, 2005

Dallas, TX 75212
CSJP 2005 Dallas
$2,000.00
2005
Goodwin House West 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3440 S. Jefferson Street
CSJP 2005 Fairfax
$2,000.00
2005
Greater Baton Rouge Federation of Churches and Synag 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
31 12 Convention Street
$1,650.00
2005
Greater Baton Rouge Food Bank, Inc. 501c(3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
P.O. Box 2996
Baton Rouge, LA 70821-2995
$3,300.00
2005
Greater Dallas Community of Churches 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
624 North Good Latimer, Suite 100
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Washington Urban League 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
CSJP 2005 Fairfax

December 31, 2005

$2,000.00
2005
Green River Valley Museum 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 12
Big Piney, WY 83113
CSJP 2005 Wyoming
$2,000.00
2005
Greenbrier Learning Center, Inc., The 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5401 South 7th Road
Arlington, VA 22204
CSJP 2005 Fairfax
$2,000.00
2005
Habitat for Humanity of Baytown 501 c(3) $0.00 $40,000.00 $0.00 $40,000.00 $0.00
2701 West Main
Baytown, TX 77520
Baytown Habitat Project House
$40,000.00
2005
Habitat for Humanity of Northern Virginia , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4451 First Place South
Arlington, VA 22204
CSJP 2005 Fairfax
$2,000.00
2005
Habitat for Humanity of Shawnee, Inc. 501 c(3) $0.00 $2,500.00 $0.00 $2,500.00 $0.00
2515 N. Kickapoo
Shawnee, OK 74804
$2,500.00
2005

December 31, 2005

HALT, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

1612 K Street, NW, Suite 510
CSJP 2005 Fairfax
$2,000.00
2005
Harmony House, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
602 Girard Street
Houston, TX 77007
CSJP 2005 Houston
$2,000.00
2005
Head Start, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 2056
Billings, MT 59103
CSJP 2005 Billings
$2,000.00
2005
Heart House 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 823162
Dallas, TX 75382
CSJP 2005 Dallas
$2,000.00
2005
Hispanics Against Child Abuse and Neglect 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Fairfax, VA 22031
CSJP 2005 Fairfax
$2,000.00
2005
Hogar Hispano/Catholic Charities Arlington 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6201 Leesburg Pike, Suite 307

December 31, 2005


CSJP 2005 Fairfax
$2,000.00
2005
Homer Senior Citizens, Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1137
Homer, AK 99603
CSJP 2005 Alaska
$2,000.00
2005
Homestretch Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
370 S. Washington Street, Suite 400
CSJP 2005 Fairfax
$2,000.00
2005
Hospice of the Central Peninsula , Inc. 501c(3) $0.00 $2,000.00 $0 00 $2,000.00 $0.00
P.O. Box 2584
Soldotna, AK 99669
CSJP 2005 Alaska
$2,000.00
2005
House DC, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 30958
CSJP 2005 Fairfax
$2,000.00
2005
Houston Arboretum and Nature Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4501 Woodway
Houston, TX 77024
CSJP 2005 Houston

December 31, 2005

$2,000.00
2005
Houston Center for Contemporary Craft 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4848 Main Street
Houston, TX 77002
CSJP 2005 Houston
$2,000.00
2005
Houston Habitat for Humanity 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
3750 North McCarty Road
Houston, TX 77029
Rebuilding Our Town
$50,000.00
2005
Houston Hospice 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8811 Gaylord, Suite 100
CSJP 2005 Houston
$2,000.00
2005
1 Hermann Circle Drive
CSJP 2005 Houston
$2,000.00
2005
Houston World Affairs Council 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 920905
Houston, TX 77292
CSJP 2005 Houston
$2,000.00
2005

December 31, 2005

Houston Zoo , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

1513 N. MacGregor
Houston, TX 77030
CSJP 2005 Houston
$2,000.00
2005
Interlink Center for Community and Social Justice 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
333 East Chimes
$1,650.00
2005
International Rescue Committee , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7515 Greenville Avenue, Suite 603
Dallas, TX 75231
CSJP 2005 Dallas
$2,000.00
2005
Jack and Jill of America Foundation 501 c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
Leadership Development Seminar
$5,000.00
2005
Jacob ' s Ladder Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2820 Swiss Avenue
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
JHPIEGO 501c(3) $0.00 $125,000.00 $0.00 $125,000.00 $0.00
Brown's Wharf 1615 Thames Street, Suite 200

December 31, 2005

Baltimore, MD 21231-3492
Improving Women's Livelihoods - Multi-year ($200k: 2005-2006)
$200,000.00
2005
John P. McGovern Museum of Health & Medical Science 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1515 Hermann Drive
Houston, TX 77004
CSJP 2005 Houston
$2,000.00
2005
Joint Action in Community Service Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
207 South Houston Street, Suite 137
Dallas, TX 75202
CSJP 2005 Dallas
$2,000.00
2005
Junior Achievement Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Fairbanks 711 H Street, Suite 320
Anchorage, AK 99501
CSJP 2005 Alaska
$2,000.00
2005
Junior Achievement of Dallas, Inc. 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1201 Executive Drive West
Richardson, TX 75081
CSJP 2005 Dallas
$2,000.00
2005
Kenai Peninsula Boys-Girls Club, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
705 Frontage Road, Suite B
Kenai, AK 99611
CSJP 2005 Alaska

December 31, 2005

$2,000.00
2005
Kenai Senior Connection , Inc. 501c (3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
361 Senior Court
Kenai, AK 99611
CSJP 2005 Alaska
$2,000.00
2005
Kingsley House 501c (3) $0.00 $4,000.00 $0.00 $4,000.00 $0.00
1600 Constance Street
New Orleans, LA 70130-4641
$4,000.00
2005
Legacy Founders Cottage 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4054 McKinney, Suite 102
Dallas, TX 75204
CSJP 2005 Dallas
$2,000.00
2005
Legal Services of Northern Virginia-Arlington Branch 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6066 Leesburg Pike, South 500
CSJP 2005 Fairfax
$2,000.00
2005
Leukemia & Lymphoma Society, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
National Capital Area Chapter 5845 Richmond Highway, Su ite 800
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

Leukemia Society of America , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Dallas, TX 75251
CSJP 2005 Dallas
$2,000.00
2005
Linda Lorelle Scholarship Fund , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 11 N. Post Oak Lane
Houston, TX 77024
CSJP 2005 Houston
$2,000.00
2005
Links, Inc., Dallas Chapter 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
311 Glen Oaks Boulevard
Dallas, TX 75232
Educational Enrichment Initiatives
$10,000.00
2005
Links, Inc., Trinity Chapter 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
P.O. Box 226160
Dallas, TX 75222-6160
Educational Enrichment Initiatives
$10,000.00
2005
Local Infant Formula for Emergencies Houston 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
277 West Gray
Houston, TX 77019
CSJP 2005 Houston
$2,000.00
2005
Lower Kuskokwim Economic Development Council 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 2021

December 31, 2005

Bethel, AK 99559
CSJP 2005 Alaska
$2,000.00
2005
Lupus Foundation of America , Texas Gulf Coast Chaptei 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3730 Kirby Drive, Suite 720
CSJP 2005 Houston
$2,000.00
2005
Lutheran Social Services of the National Capital Area, In 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4406 Georgia Avenue, NW
CSJP 2005 Fairfax
$2,000.00
2005
Manassas Museum Associates 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
9101 Prince William Street
Manassas, VA 201 10
CSJP 2005 Fairfax
$2,000.00
2005
Marine Environmental Sciences Consortium 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
101 Bienville Boulevard
Dauphin Island, AL 36528
CSJP 2005 Alabama
$6,000.00
2005
Martin Luther King, Jr. Community Center 501 c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
2922 Martin L. King Jr. Boulevard
Dallas, TX 75215

December 31, 2005

$5,000.00
2005
Mat-Su Services for Children & Adults, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5000 E. Shennum Drive
Wasilla, AK 99654
CSJP 2005 Alaska
$2,000.00
2005
Medisend International 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
9244 Markville Drive
Dallas, TX 75243
CSJP 2005 Dallas
$2,000.00
2005
Dallas, TX 75243
Indonesia Shipments: Tsunami Relief
$100,000.00
2005
Methodist Dallas Medical Center 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1441 N. Beckley
Dallas, TX 75203
CSJP 2005 Dallas
$2,000.00
2005
Metrocrest Social Services Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 111 West Beltline Road, Suite 100
Carrollton, TX 75006
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

Miriams Kitchen 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

2401 Virginia Avenue, NW
CSJP 2005 Fairfax
$2,000.00
2005
Mobil Retiree Matching Gifts Program $203,299.95 $1,519,307.28 $0.00 $1,445 ,154.24 $277,452.99
Irving, TX 75039
2005 Mobil Retiree Matching Gifts - Civic & Community
$1,445,154.24
2005
Mobil Retiree Volunteer Program $2,500.00 $833,500.00 $0.00 $785,500.00 $50,500.00
Irving, TX 75039
2005 Mobil Retiree Volunteer Program
$785,500.00
2005
Mobile County Public Schools Environmental Studies Ce.ity Governmen $0.00 $4,000.00 $0.00 $4,000.00 $0.00
6101 Girby Road
Mobile, AL 36693
CSJP 2005 Alabama
$4,000.00
2005
Montrose Counseling Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
701 Richmond
CSJP 2005 Houston
$2,000.00
2005
Mothers Against Drunk Driving 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Metroplex Chapter 8585 N. Stemmons Freeway, Suite 525 South Tower

December 31, 2005

Dallas, TX 75247
CSJP 2005 Dallas
$2,000.00
2005
Nasher Sculpture Center $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2001 Flora Street
Dallas, TX 75201
CSJP 2005 Dallas
$2,000.00
2005
National Civil Rights Museum 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
2210 Hayes St.
Gary, [N 46404
$25,000.00
2005
National Hispana Leadership Institute 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
1901 N. Moore Street, Suite 206
Arlington, VA 22209
$15,000.00
2005
National Kidney Foundation of North Texas, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Dallas, TX 75240
CSJP 2005 Dallas
$2,000.00
2005
National Legal Aid and Defender Association 501 c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
1 140 Connecticut Avenue, NW, Suite 900
Washington, DC 20036-4019

December 31, 2005

$5,000.00
2005
National Multiple Sclerosis Society 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
National Capital Chapter 2021 K Street, NW, Suite 715
Washington, DC 20006-
CSJP 2005 Fairfax
$2,000.00
2005
National Multiple Sclerosis Society 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Lone Star Chapter 81 11 N. Stadium Drive
Houston, TX 77054
CSJP 2005 Houston
$2,000.00
2005
National Multiple Sclerosis Society, Lone Star Chapter 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2105 Luna Road, Suite 390
Carrollton, TX 75006
CSJP 2005 Dallas
$2,000.00
2005
National Victim Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2000 M Street NW, Suite 480
CSJP 2005 Fairfax
$2,000.00
2005
Neighborhood Service Council Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7700 Spring Valley Road
Dallas, TX 75254
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

New Beginning Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
218 N. Tenth Street
Garland, TX 75040
CSJP 2005 Dallas
$2,000.00
2005
New Friends New Life 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 192378
Dallas, TX 75219
CSJP 2005 Dallas
$2,000.00
2005
New Horizon Center 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
P.O. Box 3735
Baytown, TX 77522-3735
CSJP 2005 Baytown
$1,650.00
2005
New Orleans Botanical Garden Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1 Palm Drive
$2,000.00
2005
Newcomer Community Service Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
CSJP 2005 Fairfax
$2,000.00
2005
Nexus Recovery Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
8733 La Prada

December 31, 2005

Dallas, TX 75228
CSJP 2005 Dallas
$2,000.00
2005
North Dallas Shared Ministries 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2530 Glenda Lane, Suite 500
Dallas, TX 75229
CSJP 2005 Dallas
$2,000.00
2005
Northern Virginia AIDS Ministry Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2445 Army Navy Drive, 3rd Floor
Arlington, VA 22046
CSJP 2005 Fairfax
$2,000.00
2005
Northern Virginia Family Service 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
10455 White Granite Drive, Suite 100
Oakton, VA 22124
CSJP 2005 Fairfax
$2,000.00
2005
Northern Virginia Youth Symphony Association 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4026 Hummer Road
Annandale, VA 22003
CSJP 2005 Fairfax
$2,000.00
2005
Nuevo Heights Healthy Community Initiative 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Houston, TX 77027
CSJP 2005 Houston

December 31, 2005

$2,000.00
2005
OAR of Fairfax County, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
10640 Page Avenue, Suite 250
Fairfax, VA 22030
CSJP 2005 Fairfax
$2,000.00
2005
Palmer Senior Citizens Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
83 1 South Chugach Street
Palmer, AK 99645
CSJP 2005 Alaska
$2,000.00
2005
Panhandle Area Sheltered Workshop , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1646
Guymon, OK 73942-1646
$2,000.00
2005
Partners For Harris County Children Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Houston, TX 77027
CSJP 2005 Houston
$2,000.00
2005
Phoenix Outreach Youth Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2606 Gregg Street
Houston, TX 77026
CSJP 2005 Houston
$2,000.00
2005

December 31, 2005

Pinedale Fine Arts Council , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1586
Pinedale, WY 82941
CSJP 2005 Wyoming
$2,000.00
2005
Prevent Blindness Texas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3610 Fairmount Street
Dallas, TX 75219
CSJP 2005 Dallas
$2,000 00
2005
Pro Bono Institute 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
50 F Street, NW, Suite 8300
$5,000.00
2005
Project GRAD Houston 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6700 W. Loop South, Suite 500
Bellaire, TX 77401
CSJP 2005 Houston
$2,000.00
2005
Promise House, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
224 West Page Avenue
Dallas, TX 75208
CSJP 2005 Dallas
$2,000.00
2005
Rainbow Days, Inc. 501c (3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4300 MacArthur Avenue, Suite 260

December 31, 2005

Dallas, TX 75209
CSJP 2005 Dallas
$2,000.00
2005
Reading Connection , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2009 N. 14th Street, Suite 307
Arlington, VA 22201
CSJP 2005 Fairfax
$2,000.00
2005
Recreation and Park Commission Parish of East Baton R 501c(3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
P.O. Box 15887
$3,300.00
2005
Reston Interfaith , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
11 150 Sunset Hills Road, Suite 210
Reston, VA 20190
CSJP 2005 Fairfax
$2,000.00
2005
Retina Foundation of the Southwest 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
9900 North Central Expressway, Suite 400
Dallas, TX 75231
CSJP 2005 Dallas
$2,000.00
2005
Richardson Symphony Orchestra 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
800 E. Campbell Road, Suite 122
CSJP 2005 Dallas

December 31, 2005

$2,000.00
2005
Robert Pierre Johnson Housing Development Corp. 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2666 Military Road
Arlington, VA 22207
CSJP 2005 Fairfax
$2,000.00
2005
Samaritan Ministry of Greater Washington 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1516 Hamilton Street, NW
CSJP 2005 Fairfax
$2,000.00
2005
Santa Maria Valley YMCA 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
3400 Skyway Drive
Santa Maria, CA 93455
$6,000.00
2005
Santa Ynez Valley Branch Channel Islands YMCA 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
900 N. Refugio Road
Santa Ynez, CA 93460
$6,000.00
2005
Save the Children Federation , Inc. 501c(3) $0.00 $500,000.00 $0.00 $500,000.00 $0.00
54 Wilton Road
Westport, CT 06880
$500,000.00
2005

December 31, 2005

Save the Children Federation , Inc. 501c(3) $0.00 $3,000,000.00 $0.00 $3,000,000.00 $0.00
54 Wilton Road
Westport, CT 06880
Tsunami Disaster Relief - Matching Gift Program
$3,000,000.00
2005
Save the Children Federation , Inc. 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
54 Wilton Road
Westport, CT 06880
Kwanza Sul Community School Project
$200,000.00
2005
SCAN of Northern Virginia Inc . 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2212 Mount Vernon Avenue
CSJP 2005 Fairfax
$2,000.00
2005
SEARCH' s House of Tiny Treasures 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1529 Lombardy
Houston, TX 77023
CSJP 2005 Houston
$2,000.00
2005
Seaview Community Services 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1045
Seward, AK 99664
CSJP 2005 Alaska
$2,000.00
2005
Second Harvest of Greater New Orleans 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1201 Sams Avenue

December 31, 2005


$2,000.00
2005
Seeds of Peace 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
$50,000.00
2005
Ser-Jobs for Progress National , Inc. 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
1925 W. Carpenter Freeway, Suite 575
Irving, TX 75063
$15,000.00
2005
Shakespeare Festival of Dallas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Sammons Center for the Arts 3630 Harry Hines Bo ulevard, Third Floor
Dallas, TX 75219
CSJP 2005 Dallas
$2,000.00
2005
Shape Community Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 84248
CSJP 2005 Houston
$2,000.00
2005
Sheltering Arms 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3838 Aberdeen Way
Houston, TX 77025
CSJP 2005 Houston

December 31, 2005

$2,000.00
2005
Shepherd ' s Center of Oakton - Vienna 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
541 Marshall Road, SW
Vienna, VA 22180
CSJP 2005 Fairfax
$2,000.00
2005
Shoulder- Fairhope , Inc. 501c(3) $0.00 $2,000.00 $0.00 • $2,000.00 $0.00
P.O. Box 7130
Spanish Fort, AL 36577-7130
CSJP 2005 Alabama
$2,000.00
2005
Sickle Cell Association of the Texas Gulf Coast 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2626 S. Loop West, Suite 245
Houston, TX 77054
CSJP 2005 Houston
$2,000.00
2005
Signature Theatre, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3806 S. Four Mile Run Drive
Arlington, VA 22206
CSJP 2005 Fairfax
$2,000.00
2005
Sister Cities International 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1301 Pennsylvania Avenue, NW, Suite 850
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

Sisters Network 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00

National Headquarters 8787 Woodway Drive, Suite 4206
Houston, TX 77063
CSJP 2005 Houston
$2,000.00
2005
Sitka Summer Music Festival, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P. O. Box 201988
Anchorage, AK 99520-1988
CSJP 2005 Alaska
$2,000.00
2005
Smith County Champions for Children 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
421 South Booner
Tyler, TX 75702
$2,000.00
2005
Society of St. Andrew, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 59348
Dallas, TX 75229
CSJP 2005 Dallas
$2,000.00
2005
Southern Dallas Development Corporation 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
351 West Jefferson Boulevard, Suite 800
Dallas, TX 75208
$5,000.00
2005
Southwest Pioneer Foundation Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 622

December 31, 2005

Hugoton, KS 67951
$2,000.00
2005
Space City Percussion 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6222 Tanager
Houston, TX 77074
CSJP 2005 Houston
$2,000.00
2005
SPCA of Texas, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
362 South Industrial Boulevard
Dallas, TX 75207
CSJP 2005 Dallas
$2,000.00
2005
St. Philips School and Community Center 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
1600 Pennsylvania Avenue
Dallas, TX 75215
Education Grant
$5,000.00
2005
Star of Hope Mission 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6897 Ardmore
Houston, TX 77054
CSJP 2005 Houston
$2,000.00
2005
Sterling Municipal Library 170c(1) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
Mary Elizabeth Wilbanks Avenue
Baytown, TX 77520
CSJP 2005 Baytown

December 31, 2005

$3,300.00
2005
Stewpot 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
408 Park Avenue
Dallas, TX 75201
CSJP 2005 Dallas
$2,000.00
2005
STRIVE DC Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
715 Eye Street NE
CSJP 2005 Fairfax
$2,000.00
2005
Student Conservation Association , Inc. 501c(3) $0.00 $75,000.00 $0.00 $75,000.00 $0.00
1800 N. Kent Street, Suite 102
Arlington, VA 22209
Houston Green Team
$75,000.00
2005
1800 N. Kent Street, Suite 102
Arlington, VA 22209
Clinton Green Team
$92,000.00
2005
P.O. Box 667464
Houston, TX 77266
CSJP 2005 Houston
$2,000.00
2005

December 31, 2005

Sublette County Historical Society, Inc. A Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 909
Pinedale, WY 82941
CSJP 2005 Wyoming
$2,000.00
2005
Sweetwater County Child Development Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
725 C Street
CSJP 2005 Wyoming
$2,000.00
2005
T V & Me, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4022 Hummer Road
Annandale, VA 22003
CSJP 2005 Fairfax
$2,000.00
2005
Tahirih Justice Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
6066 Leesburg Pike, Suite 220
CSJP 2005 Fairfax
$2,000.00
2005
Tejas Girl Scout Council , Inc. 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
6001 Summerside Drive
Dallas, TX 75252
Tejas Action Group (TAG)
$15,000.00
2005
Texas A&M University - Kingsville 501c(3) $0.00 $6,000.00 $0.00 $6,000.00 $0.00
Caesar Kleberg Wildlife Research Institute MSC 201 - 700 University Boulevard

December 31, 2005

Kingsville, TX 78363-8202
$6,000.00
2005
Texas Foundation for Educational Advancement , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
da Vinci School 5442 La Sierra Drive
Dallas, TX 75231
CSJP 2005 Dallas
$2,000.00
2005
Texas Southern University 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
Center on the Family 3100 Cleburne Avenue
Houston, TX 77004
CSJP 2005 Houston
$2,000.00
2005
Texas State Aquarium Association 501c(3) $0.00 $12,500.00 $0.00 $12,500.00 $0.00
2710 North Shoreline
Corpus Christi, TX 78402-1097
Various Projects ($37,500: 2004 - 2006)
$37,500.00
2004
Theatre Three, Incorporated 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
2800 Routh Street, Suite 168
Dallas, TX 75201
CSJP 2005 Dallas
$2,000.00
2005
Theatre Under the Stars 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
800 Bagby, Suite 200
Houston, TX 77002
CSJP 2005 Houston

December 31, 2005

$2,000.00
2005
Town of Dauphin Island -'ity Governmen $0.00 $4,000.00 $0.00 $4,000.00 $0.00
1011 Bienville Boulevard
Dauphin Island, AL 36528
CSJP 2005 Alabama
$4,000.00
2005
Trinity Foundation , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
5634 Columbia Avenue
Dallas, TX 75214
CSJP 2005 Dallas
$2,000.00
2005
Uganda Children ' s Charity Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 140963
Dallas, TX 75214
CSJP 2005 Dallas
$2,000.00
2005
United Cerebral Palsy of Greater Houston, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4500 Bissonett, Suite 340
Bellaire , TX 77401
CSJP 2005 Houston
$2,000.00
2005
United Community Ministries , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
7511 Fordson Road
CSJP 2005 Fairfax
$2,000.00
2005

December 31, 2005

United States Agency for International Development Other $0.00 $300,000.00 $0.00 $300,000.00 $0.00
USAID/Almaty Department of State
USAID Enterprise Development Project
$300,000.00
2005
United States Agency for International Development $0.00 $750,000.00 $0.00 $0.00 $750,000.00
1300 Pennsylvania Ave. NW
Tsunami Relief - Indonesia
$750,000.00
2005
United States Fund for UNICEF 501c(3) $0.00 $500,000.00 $0.00 $500,000.00 $0.00
333 East 38th Street, 6th Floor
New York, NY 10016
$500,000.00
2005
New York, NY 10016
UNICEF Girls Education Project
$300,000.00
2005
New York, NY 10016
Water & Environmental Sanitation Improvements in Schools (Equatorial Guinea)
$434,000.00
2005

December 31, 2005

New York, NY 10016

Girls' Education Research & National Seminar
$100,000.00
2005
New York, NY 10016
Water & Environmental Sanitation in Schools (Cartagena and Santa Marta) - Colombia
$295,000.00
2005
United States-Indonesia Society 501c(3) $0.00 $60,000.00 $0.00 $60,000.00 $0.00
1625 Massachusetts Avenue, NW, Suite 550
UNINDO Aceh School Project
$60,000.00
2005
University of Texas - Pan American 501c(3) $0.00 $4,000.00 $0.00 $4,000.00 $0.00
SW Border NonProfit Resource Center Office of Center Operations & Community Services 1201 West University Drive, Annex Room 120
Edinburg, TX 78541
$4,000.00
2005
University of Texas System Office 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
601 Colorado Street
Austin, TX 78701-2982
CSJP 2005 Houston
$2,000.00
2005
Unlimited Visions Aftercare Inc. 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
5528 Lawndale
Houston, TX 77023
CSJP 2005 Baytown

December 31, 2005

$1,650.00
2005
Uplift International 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
P. O. Box 15710
Seattle, WA 981 15
$100,000.00
2005
Urban Restoration Enhancement Corporation 501c(3) $0.00 $8,250.00 $0.00 $8,250.00 $0.00
P.O. Box 73032
$8,250.00
2005
USA for UNHCR 501c(3) $0.00 $500,000 00 $0.00 $500,000.00 $0.00
1775 K Street, Suite 290
$500,000.00
2005
Video Association of Dallas 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1405 Woodlawn Avenue
Dallas, TX 75208
CSJP 2005 Dallas
$2,000.00
2005
Vita Living, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3300 South Gessner, Suite 150
Houston, TX 77063
CSJP 2005 Houston
$2,000.00
2005

December 31, 2005

Vital Voices Global Partnership 501c(3) $0.00 $85,000.00 $0.00 $85,000.00 $0.00
$85,000.00
2005
Vital Voices Global Partnership 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
NGO Capacity Assessment and Training on Sakhalin Island
$30,000.00
2005
Vital Voices Global Partnership 501c(3) $0.00 $100,000.00 $0.00 $0.00 $100,000.00
Women & Girls - Women's Leadership Program for West Africa
$100,000.00
2005
VN Teamwork 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
11210 Bellaire, Suite 118
Houston, TX 77072
CSJP 2005 Houston
$2,000.00
2005
Volunteer Baton Rouge 501c (3) $0.00 $3,300.00 $0.00 $3,300.00 $0.00
P.O. Box 3336
$3,300.00
2005
Volunteer Center of Fairfax County , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
10530 Page Avenue

December 31, 2005

Fairfax, VA 22030-4002
CSJP 2005 Fairfax
$2,000.00
2005
Volunteer Center of North Texas 501 c(3) $0.00 $32,000.00 $0.00 $32,000.00 $0.00
2800 Live Oak
Dallas, TX 75204
Community Summer Job Program (CSJP) Administration
$32,000.00
2005
Volunteer Houston 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3033 Chimney Rock, Suite 460
Houston, TX 77056
CSJP 2005 Houston
$2,000.00
2005
Volunteer Information and Referral Service 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
809 Thompson #F
CSJP 2005 Wyoming
$2,000.00
2005
Volunteer Involvement Program $11,500.00 $7,444,000.00 $0.00 $7,360,500.00 $95,000.00
Irving, TX 75039
2005 ExxonMobil Volunteer Involvement Program
$7,360,500.00
2005
Volunteers of America Southeast , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
600 Azalea Road
Mobile, AL 36609
CSJP 2005 Alabama

December 31, 2005

$2,000.00
2005
Washington Youth Garden Council 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3501 New York Avenue, NE
CSJP 2005 Fairfax
$2,000.00
2005
Waymakers Life Strategies , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
4610 Aledo Street
Houston, TX 77051
CSJP 2005 Houston
$2,000.00
2005
Weather Research Center 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3227 Audley Street
Houston, TX 77098
CSJP 2005 Houston
$2,000.00
2005
Weeks Bay Reserve Foundation , Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 731
Fairhope, AL 36533
CSJP 2005 Alabama
$2,000.00
2005
Wesley-Rankin Community Center, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3100 Crossman Avenue
Dallas, TX 75212
CSJP 2005 Dallas
$2,000.00
2005

December 31, 2005

Wolf Trap Foundation for the Performing Arts 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1624 Trap Road
Vienna, VA 22180
CSJP 2005 Fairfax
$2,000.00
2005
Women ' s Fund for Health Education and Research 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
3730 Kirby Drive, Suite 750
Houston, TX 77098
CSJP 2005 Houston
$2,000.00
2005
Wrangell Community Services, Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
P.O. Box 1231
Wrangell, AK 99929
CSJP 2005 Alaska
$2,000.00
2005
YMCA of Metropolitan Dallas 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
601 North Akard Street
Dallas, TX 75201
Afterschool, Daycamp and Aquatics Program
$25,000.00
2005
YMCA of Metropolitan Dallas - Irving Branch 501c(3) $0.00 $2,500.00 $0.00 $2,500.00 $0.00
2200 W. Irving Boulevard
Irving, TX 75061
Day Care/After School Programs
$2,500.00
2005
Young Leaders Academy of Baton Rouge 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
419 North 19th Street, Suite B

December 31, 2005


$1,650.00
2005
Young Men's Christian Association of the Greater Houst. 501c(3) $0.00 $1,650.00 $0.00 $1,650.00 $0.00
201 Wye Drive
Baytown, TX 77521
CSJP 2005 Baytown
$1,650.00
2005
Youth Service Opportunities Project Inc. 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1401 New York Avenue NW, Suite 500
CSJP 2005 Fairfax
$2,000.00
2005
YWCA National Capital Area 501 c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
624 9th Street NW, Floor 2
CSJP 2005 Fairfax
$2,000.00
2005
YWCA of Metropolitan Dallas 501c(3) $0.00 $7,500.00 $0.00 $7,500.00 $0.00
4621 Ross Avenue
Dallas, TX 75204
$7,500.00
2005
Total Civic and Community $217,299. 95 $20 ,425,557.28 $0.00 $19,369,904 .24 $1,272,952.99
Environment
Bermuda Biological Station for Research, Inc. 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00

December 31, 2005

Ferry Reach St. George's GEOI

Bermuda
Marine Carbon Cycle
$50,000.00
2005
Bermuda Biological Station for Research , Inc. 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
Ferry Reach St. George's GEO1
Bermuda
Oil Dispersant Effects
$10,000.00
2005
City of Baytown Texas Parks & Recreation Department -'ity Governmen $0.00 $30,000.00 $0.00 $30,000.00 $0.00
2407 Market Street
Baytown, TX 77520
Eddie V. Gray Wetland Center
$30,000.00
2005
Ducks Unlimited , Inc. 501c(3) $0.00 $82,000.00 $0.00 $82,000.00 $0.00
Southern Regional Office 193 Business Park Drive, Suite E
Ridgeland, MS 39157
Magnolia Cut Project for 2005 and 2006.
$82,000.00
2005
Leuser International Foundation ibstantially Equ $0.00 $350,000.00 $0.00 $350,000.00 $0.00
Plaza Gani Djemat, 6th Floor Jalan Imam Bonjol No 76-78 Jakarta 10310
Leuser Ecosystem Preservation ($700k: 2005-2006)
$700,000.00
2005
Massachusetts Institute of Technology-Global Change Pr 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
77 Massachusetts Avenue Building E40-271
Cambridge, MA 02139-4307
Joint Program on the Science and Policy of Global Change

December 31, 2005

$200,000.00
2005
Mickey Leland National Urban Air Toxics Research Cen 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
7000 Fannin Street Suite 700
Houston, TX 77030
Air Quality Project
$30,000.00
2005
Mobil Retiree Matching Gifts Program $0.00 $34,061.21 $0.00 $34,061.21 $0.00
Irving, TX 75039
2005 Mobil Retiree Matching Gifts - Environment
$34,061.21
2005
National Fish and Wildlife Foundation 501c(3) $0.00 $1,000,000.00 $0.00 $1,000 , 000.00 $0.00
STF Council Expenses
$1,000,000.00
2005
National Fish and Wildlife Foundation 501c(3) $0.00 $125,000.00 $0.00 $125,000.00 $0.00
STF Communications
$125,000.00
2005
New England Forestry Foundation 501 c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
32 Foster Street
Littleton, MA 01460-4346
Private Landowner Network
$50,000.00
2005

December 31, 2005

Organization for Respect and Care of Animals Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
79 Daily Drive #236
Camarillo, CA 93010
Science Education Outreach Program Expansion
$5,000.00
2005
Peregrine Fund , Inc. 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
5668 West Flying Hawk Lane
Boise, ID 83709
Bird Conservation
$25,000.00
2005
Point Reyes Bird Observatory 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
4990 Shoreline Highway
Stinson Beach, CA 94970-9701
$10,000.00
2005
Resources First Foundation 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
50 Forest Falls Drive
Yarmouth, ME 04096
Project Support (PLN Web Portal)
$25,000.00
2005
State of Louisiana , Department of Wildlife & Fisheries ".ity Governmen $0.00 $10,000.00 $0.00 $10,000.00 $0.00
Department of Wildlife & Fisheries P.O. Box 98000
Catahoula Lake Conservation ($50k 5-yr pledge - 2001-2005)
$50,000.00
2001
Trust for Public Land 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
1113 Vine Street, Suite 200

December 31, 2005

Houston, TX 77002
Armand Bayou Watershed Planning Project
$25,000.00
2005
University of British Columbia 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
University-Industry Liaison Office 103 - 6190 Agronomy Road
Vancouver, BC, V6T 1Z4
Fuel Choices and Human Welfare ($250k: 2005 - 2007)
$250,000.00
2005
University of Montana 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
Division of Biological Sciences 32 Campus Drive #4824
Missoula, MT 59812-4824
Wildlife Biology Program ($90k: 2003-2005)
$90,000.00
2003
University of Washington Foundation 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
407 Gerberding Hall, Box 351210
Seattle, WA 98195-12 10
Magellanic Penguin Study
$20,000.00
2005
Total Environment $0.00 $2,161,061.21 $0.00 $2,161,061.21 $0.00
Health
Management Sciences for Health 501c(3) $0.00 $348,000.00 $0.00 $348,000.00 $0.00
784 Memorial Drive
Cambridge, MA 02139
AHI: Malaria Situational Analysis
$348,000.00
2005
Academic Alliance Foundation 501c(3) $0.00 $500,000.00 $0.00 $500,000.00 $0.00

December 31, 2005

1611 North Kent Street Suite 202

Arlington, VA 22209
AHI: ExxonMobil Malaria Training Module
$500,000.00
2005
Academy for Educational Development (NetMark) 501c(3) $0.00 $302,000.00 $0.00 $302,000.00 $0.00
1825 Connecticut Avenue, NW
AHI: Nigeria Help Us Help Mosquito Net Program
$302,000.00
2005
Africare 501c(3) $300,000.00 $0.00 $0.00 $300,000.00 $0.00
440 R Street, NW
Community Based Malaria Intervention
$300,000.00
2004
A frica re 501c(3) $0.00 $300,000.00 $0.00 $300,000.00 $0.00
440 R Street, NW
AHI: Malaria Control Project in Bie Province Angola
$300,000.00
2005
American Council on Science and Health 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
1995 Broadway, 2nd Floor
New York, NY 10023-5860
Biomonitoring Project
$50,000.00
2005

December 31, 2005

AHI: Malaria and EPI Prevention in Malawi

$280,000.00
2005
AHI: Follow-up Survey of ITN Distribution in Ghana
$31,639.00
2005
Annapolis Center for Science-Based Public Policy Inc. 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
111 Forbes Street, Suite 200
Annapolis, MD 21401
$50,000.00
2005
Centre de Support en Sante Internationale $250,000.00 $0.00 $0.00 $250,000.00 $0.00
de I'Institut Tropical Suisse au Tchad BP 972 N'Djamena
AHI: Public Health Center of Kome Village
$250,000.00
2004
Centre for Affordable Water and Sanitation Technology $0.00 $25,000.00 $0.00 $25,000.00 $0.00
Box # 12, 2916-5th Avenue NE Calgary, AB T2A 6K.4 CANADA
AHI: Biosands Water Filter Proposal for Equatorial Guinea
$25,000.00
2005
Columbia University Mailman School of Public Health 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
60 Haven Avenue Level B I
New York, NY 10032
Risk Sciences Institute
$10,000.00
2005
Episcopal Relief and Development 501c(3) $0.00 $108,000.00 $0.00 $108,000.00 $0.00

December 31, 2005

815 Second Avenue

New York, NY 10017
AHI: Malaria Program in Zambia, Democratic Republic of Congo and Angola
$108,000.00
2005
Episcopal Relief and Development 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
815 Second Avenue
New York, NY 10017
AHI: Malaria Control and Prevention Program
$200,000.00
2005
Global Business Coalition on HIV/AIDS 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
1230 Avenue of the Americas 4th Floor
New York, NY 10020
AHI: Membership
$25,000.00
2005
Harvard University 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
School of Public Health 718 Huntington Avenue
Boston, MA 02115
Center for Risk Analysis
$50,000.00
2005
Boston, MA 021 15
Kids Risk Project
$100,000.00
2005
Boston, MA 02115

December 31, 2005

AHI: Harvard Malaria Initiative

$330,000.00
2005
JHPIEGO 501c(3) $0.00 $54,000.00 $0.00 $54,000.00 $0.00
Brown's Wharf 1615 Thames Street, Suite 200
AHI: "Malaria During Pregnancy Assessment"
$54,000.00
2005
Johns Hopkins University 501c(3) $0.00 $40,000.00 $0.00 $40,000.00 $0.00
Bloomberg School of Public Health 111 Market Place, Suite 840
Center for Alternatives to Animal Testing
$40,000.00
2005
Johns Hopkins University 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
Bloomberg School of Public Health Ill Market Place, Suite 840
Center for Alternatives to Animal Testing
$5,000.00
2005
Lovelace Respiratory Research Institute 501c(3) $0.00 $70,000.00 $0.00 $70,000.00 $0.00
2425 Ridgecrest Drive SE
Albuquerque, NM 87108
Respiratory Center
$70,000.00
2005
Malaria Vaccine Initiative , PATH $0.00 $500,000.00 $0.00 $500,000.00 $0.00
7500 Old Georgetown Road, 12th Floor
Bethesda, MD 20814
AHI: Malaria Vaccines
$500,000.00

December 31, 2005

2005
Mary Bird Perkins Cancer Center 501c(3) $0.00 $33,333.33 $0.00 $33,333.33 $0.00
4950 Essen Lane
Mobile Cancer Center ($100k: 2004-2006)
$100,000.00
2004
Medicines for Malaria Venture Other $0.00 $500,000.00 $0.00 $500,000.00 $0.00
International Center Cointrin Route de Pre-Bois 20 Post Box 1826 CH- 1215 Geneva 15
Switzerland
AHI: Malaria Initiative
$500,000.00
2005
Dallas, TX 75243
International Programs: 25-foot Container of Hope (Colombia)
$25,000.00
2005
Dallas, TX 75243
AHI: Two Container Shipments to Angola
$106,000.00
2005
Dallas, TX 75243
Biomedical Training and Repair Center
$200,000.00
2005
Mobil Retiree Matching Gifts Program $0.00 $373,936.23 $0.00 $373,936.23 $0.00

December 31, 2005


Irving, TX 75039
2005 Mobil Retiree Matching Gifts - Health
$373,936.23
2005
Muscular Dystrophy Association 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
5615 Kirby Road
Houston, TX 77005
Tee it Up for ALS Golf Tournament
$5,000.00
2005
National Academy of Sciences 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
500 Fifth Street, NW
Roundtable
$50,000.00
2005
National Jewish Medical and Research Center 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
1805 Royal Lane, Suite 104
Dallas, TX 75229
Asthma Research
$50,000.00
2005
National Safety Council 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
1121 Spring Lake Drive
Itasca, IL 60143-3201
Global SH&E and Productivity Award ($1.OM: 2003-2007)
$1,000,000.00
2003
Parkland Foundation 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
2777 N Stemmons Freeway Suite 1700
Dallas, TX 75207

December 31, 2005

Pediatric Asthma and Respiratory Treatment Program ($300k: 2005-2007)

$300,000.00
2005
Population Services International 501c(3) $300,000.00 $0.00 $0.00 $300,000.00 $0.00
1120 Nineteenth Street NW, Suite 600
AHI Cameroon Partnership for ITN Expansion
$300,000.00
2004
Population Services International 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
1120 Nineteenth Street NW, Suite 600
AHI: LLITN Distribution in Angola
$200,000.00
2005
Public Health Policy Advisory Board 501c(3) $0.00 $75 ,000.00 $0 .00 $75 ,000.00 $0.00
2175 K Street, NW
$75,000.00
2005
Safe Blood for Africa Foundation 501c(3) $0.00 $1,083,000.00 $0.00 $1,083,000.00 $0.00
3828 Kennett Pike, Suite 206
Greenville, DE 19807
Support for Safe Blood Programs in Nigeria, Angola, Equatorial Guinea
$1,083,000.00
2005
Sustainable Healthcare Enterprise Foundation $0.00 $170,000.00 $0.00 $170,000.00 $0.00
113 South Columbus Avenue, Suite 305
Kenya Pilot Project to Convert Malaria Medications
$170,000.00

December 31, 2005

2005
Texas Scottish Rite Hospital for Children 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
2222 Welborn
Dallas, TX 75219-3993
$5,000.00
2005
United Nations Foundation 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
1225 Connecticut Avenue NW 4th Floor
AHI: Roll Back Malaria Partnership Forum
$100,000.00
2005
United Nations Foundation 501c(3) $0.00 $2,081,000.00 $0.00 $2,081,000.00 $0.00
1225 Connecticut Avenue NW 4th Floor
AHI: Purchase of Mosquito Nets ($581 K) & Logistical Support for Mosquito Net Campaigns ($1 .5M) -- (Nigeria and Angola)
$2,081,000.00
2005
United States Agency for International Development $0.00 $1,000,000.00 $0.00 $1,000,000.00 $0.00
USAID/LUANDA Department of State
President's Malaria Initiative
$1,000,000.00
2005
New York, NY 10016
Community Based Malaria Project in Angola
$510,000.00
2005
University of Massachusetts at Amherst 501c(3) $0.00 $150,000.00 $0.00 $150,000.00 $0.00

December 31, 2005

School of Public Health P.O. Box 35730

Amherst, MA 01003
BELLE - Chemical Hormesis Database
$150,000.00
2005
University of Texas M.D. Anderson Cancer Center 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
1515 Holcombe Boulevard, Box 541
Houston, TX 77030
Center for Research on Minority Health (CRMH) ($500k: 2005-2009)
$500,000.00
2005
University of Texas M.D. Anderson Cancer Center 501 c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
1515 Holcombe Boulevard, Box 541
Houston, TX 77030
$200,000.00
2005
University of Texas, School of Public Health at Houston 170c(l) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
Dallas Regional Campus 5323 Harry Hines Boulevard, Room V8.112
Dallas, TX 75390-9128
Dioxin Analysis (Biomonitoring Project)
$25,000.00
2005
University of Vermont , Department of Pathology 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
Center for Molecular Epidemiology 655 Spear Street, Building C
Burlington, VT 05401
$25,000.00
2005
World Economic Forum $0.00 $100,000.00 $0.00 $100,000.00 $0.00
91-93 Route de la Capite CH-1223 Cologny/Geneva
Switzerland

December 31, 2005

Global Health Initiative

$100,000.00
2005
World Health Organization $0.00 $10,000.00 $0.00 $10,000.00 $0.00
Avenue Appia 20 CH 1211 Geneva 27 Switzerland
AHI: Roll Back Malaria Partnership
$10,000.00
2005
Avenue Appia 20 CH 1211 Geneva 27 Switzerland
AHI: Research and Training in Tropical Diseases
$500,000.00
2005
Office of the Representative 197, Rua Major Kanhangulo, 7° Luanda, Angola
AHI: Marburg Virus
$50,000.00
2005
Total Health $ 850,000.00 $11 ,405,908.56 $0.00 $12,255 ,908.56 $0.00
Higher Education
Academy of Medicine , Engineering and Science of Texas 501 c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
P.O. Box 7844
Austin, TX 78713-7844
2006 Conference
$50,000.00
2005
American Indian College Fund 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
8333 Greenwood Boulevard
Denver, CO 80221-4488
$50,000.00

December 31, 2005

2005
American Mathematical Association of Two-Year Collegi 501c(3) $0.00 $150,000.00 $0.00 $150,000.00 $0.00
5983 Macon Cove
Memphis, TN 38134
Project ACCCESS ($475k: 2003-2005)
$475,000.00
2003
Association for Women In Mathematics 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
41 14 Computer & Space Sciences Building University of Maryland
College Park, MD 20742-2461
$5,000.00
2005
Council for Advancement and Support of Education 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
1307 New York Avenue NW, Suite 1000
$10,000.00
2005
Council for Aid To Education 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
215 Lexington Avenue, 21st Floor
New York, NY 10016
$20,000.00
2005
Dallas County Community College District Foundation , I 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
P.O. Box 150387
Dallas, TX 75315
$150k: 2004-2006
$150,000.00
2004
Dallas County Community College District Foundation , ) 501c(3) $0.00 $500.00 $0.00 $500.00 $0.00

December 31, 2005

P.O. Box 150387

Dallas, TX 75315
Dia de la Familia at El Centro College
$500.00
2005
Educational Matching Gifts $10,056,371.55 $19,902,796.56 $0.00 $18,642,696.69 $11,316,471.42
Irving, TX 75039
2005 ExxonMobil Educational Matching Gifts
$18,642,696.69
2005
Hispanic Scholarship Fund 501c(3) $0.00 $75,000.00 $0.00 $75,000.00 $0.00
55 Second Street, Suite 1500
San Francisco, CA 94105
General Operating Support/Scholarships
$75,000.00
2005
Johns Hopkins University, School for Advanced Internat Other $0.00 $100,000.00 $0.00 $100,000.00 $0.00
1740 Massachusetts Avenue, NW
Nanjing Project
$100,000.00
2005
King Ranch Institute for Ranch Management Other $0.00 $30,000.00 $0.00 $30,000.00 $0.00
College of Agriculture and Human Sciences Texas A&M University-Kingsville 700 University Boulevard, MSC 156
Kingsville, TX 78363-8202
Ranch Management Fellowships ($90k: 2005-2007)
$90,000.00
2005
Koniag Educational Foundation 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
6927 Old Seward Highway, Suite 103
Anchorage, AK 99518

December 31, 2005

Scholarship Fund
$5,000.00
2005
Lamar Institute of Technology Foundation 170c(1) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
P.O. Box 10043
Beaumont, TX 77710
Process Operator Training Unit
$15,000.00
2005
Mathematical Association of America 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
1529 Eighteenth Street, NW
Project NExT
$100,000.00
2005
Mobil Retiree Matching Gifts Program $0.00 $1,663,631.93 $0.00 $1,663,631 93 $0.00
Irving, TX 75039
2005 Mobil Retiree Matching Gifts - Education
$1,663,631.93
2005
National Academy of Engineering 501 c(3) $0.00 $75,000.00 $0.00 $75,000.00 $0.00
2101 Constitution Avenue, N.W.
Post-Doctoral Fellow for CASEE
$75,000.00
2005
National Action Council for Minorities In Engineering, li 501c(3) $0.00 $270,000.00 $0.00 $270,000.00 $0.00
440 Hamilton Avenue, Suite 302
White Plains, NY 10601-1813
$270,000.00

December 31, 2005

2005
Rocky Mountain Mineral Law Foundation 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
9191 Sheridan Boulevard, Suite 203
Westminster, CO 80031
$5,000.00
2005
Southern Methodist University , Edwin L. Cox School of 1 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
P.O. Box 750333
Dallas, TX 75275-0333
Center for Corporate Social Responsibility
$100,000.00
2005
Teagle Foundation , Inc. 501c(3) $0.00 $125,000.00 $0.00 $125,000.00 $0.00
10 Rockefeller Plaza, Room 920
New York, NY 10020-1903
Scholarships
$125,000.00
2005
Texas A&M Foundation 501c(3) $0.00 $10,000 00 $0.00 $10,000.00 $0.00
Mary Kay O'Connor Process Safety Center 3122 TAMU
College Station, TX 77843-3122
$10,000.00
2005
Tom Joyner Foundation , Inc. 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
13725 Montfort Drive
Dallas, TX 75240
Scholarships
$200,000.00
2005
United Negro College Fund , National 501c(3) $0.00 $125,000.00 $0.00 $125,000.00 $0.00

December 31, 2005

P. O. Box 10444
Fairfax, VA 22031
Technology Enhancement Capital Campaign (2002-2005)
$500,000.00
2002
University of Texas at Austin 501 c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
Office of the President
Austin, TX 78712
UTEACH Teacher Preparation Program
$10,000.00
2005
Total Higher Education $10,056 ,371.55 $23,146,928.49 $0.00 $21,886,828 . 62 $11 ,316,471.42
PreCollege Education
Alaska Council on Economic Education 501 c(3) $0.00 $13,000 00 $0.00 $13,000.00 $0.00
3211 Providence Drive BEB 203D
Anchorage, AK 99508
Teacher Training
$13,000.00
2005
Alaska Mineral and Energy Resource Education Fund-A 501 c(3) $0.00 $4,000.00 $0.00 $4,000.00 $0.00
509 West Third Avenue, Suite 17
Anchorage, AK 99501
Energy Education Program
$4,000.00
2005
Alexandria City Public Schools 509a(1) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
2000 N. Beauregard Street
K-5 Implementation
$30,000.00
2005

December 31, 2005

Arlington Public Schools 509a(l) $0.00 $30,000.00 $0.00 $30,000.00 $0.00

1426 N. Quincy Street
Arlington, VA 22207
K-5 Mathematics Planning Grant
$30,000.00
2005
Beaumont Independent School District 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
3395 Harrison Avenue
Beaumont , TX 77706
Reading Recovery Program
$50,000.00
2005
Bismarck Public School District -'ity Governmen $0.00 $4,000.00 $0.00 $4,000.00 $0.00
806 North Washington Street
Bismarck, ND 58504
K-5 Mathematics Networking Grant
$4,000.00
2005
California Foundation on the Environment and Economy 501c(3) $0.00 $32,000.00 $0.00 $32,000.00 $0.00
Pier 35, Suite 202
Energy Education Program
$32,000.00
2005
California Foundation on the Environment and Economy 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
Pier 35, Suite 202
Energy Skill Builders Fall 2005
$25,000.00
2005
Close Up Foundation 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
44 Canal Center Plaza

December 31, 2005

Alexandria, VA 223 1 4-1 592

Student Participation Support
$30,000.00
2005
Dallas Concilio of Hispanic Service Organizations 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
4800 Harry Hines Boulevard
Dallas, TX 75235
Psyched About Science & Math
$15,000.00
2005
Dallas Museum of Natural History Association 501c(3) $000 $20,000.00 $0.00 $20,000.00 $0.00
P. O. Box 150349
Dallas, TX 75315
General Operating Support / Scholarships
$20,000.00
2005
Deaconess Billings Clinic Foundation 501c(3) $0 00 $5,000.00 $0.00 $5,000.00 $0.00
P. O. Box 3566
Billings, MT 59103
Science Expo
$5,000.00
2005
Dr. Ronald E. McNair Educational Science Literacy Foui 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
P O. Box 580568
Anniversary Gala
$10,000.00
2005
Education Development Center, Inc. 501c(3) $0.00 $135,000.00 $0.00 $135,000.00 $0.00
55 Chapel Street
Newton, MA 02458
DMl Leadership Project

December 31, 2005

$135,000.00
2005
Environmental Literacy Council 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
1625 K Street NW, Suite 1020
Economics and the Environment
$25,000.00
2005
Hanover County Public Schools 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
200 Berkley Street
Ashland, VA 23005-1399
K-5 Continuations
$25,000.00
2005
Harris Foundation 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
P.O. Box 890907
Bernard Harris Summer Science Camp 2006
$100,000.00
2005
Head Start of Greater Dallas, Inc. 501c(3) $0.00 $20,000 00 $0.00 $20,000.00 $0.00
3954 Gannon Lane
Dallas, TX 75237-2919
Math/Science Pilot Project
$20,000.00
2005
High School For Engineering Professions , Houston ISD 509a(1) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
119 East 39th Street
Robotic Team
$30,000.00
2005

December 31, 2005

Houston A + Challenge 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00

1415 Louisiana, Box 9
ExxonMobil K-5 Mathematics Specialist Program
$100,000.00
2005
1 Hermann Circle Drive
Teacher Tuesdays
$25,000.00
2005
Irving Schools Foundation , Inc. 501c(3) $0.00 $3,000.00 $0.00 $3,000 00 $0.00
2621 W. Airport Freeway
Irving, TX 75062
Teacher Enrichment Grant
$3,000.00
2005
Jason Alliance of Southeast Texas 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
855 East Florida, Box 9
Beaumont, TX 77705
Jason Project
$25,000.00
2005
Jason Foundation For Education 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
1 1 Second Avenue
Needham, MA 02494
$50,000.00
2005
Jason Foundation For Education 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
11 Second Avenue

December 31, 2005

Needham, MA 02494
$50,000.00
2005
Junior Achievement Incorporated 501c(3) $0.00 $33,000.00 $0.00 $33,000.00 $0.00
Greater New Orleans Chapter 5100 New Orleans Avenue
Exchange City ($100k: 2003-2005)
$100,000.00
2003
Junior Achievement of Dallas, Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
1201 Executive Drive West
$30,000.00
2005
Junior Achievement Worldwide 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
One Education Way
Colorado Springs, CO 80906-4477
Middle East ($500k: 2003-2007)
$500,000.00
2003
Junior Achievement Worldwide 501c(3) $0.00 $35,000.00 $0.00 $35,000.00 $0.00
One Education Way
Colorado Springs, CO 80906-4477
$3 5,000.00
2005
Lamar University 501c(3) $0.00 $45,000.00 $0.00 $45,000.00 $0.00
P. O. Box 10011
Beaumont, TX 77710
Cardinal Connection Mentor Reading Program

December 31, 2005

$45,000.00
2005
Louisiana Arts and Science Museum Inc. 501c(3) $0.00 $200,000.00 $0.00 $200,000.00 $0.00
100 South River Road
$200k/5 Yrs=$IM (2001-2005) - ExxonMobil Space Theater
$1,000,000.00
2001
LULAC National Educational Service Center, Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
Dallas Chapter 345 S. Edgefield
Dallas, TX 75208
Science Corps Program Dallas, TX
$30,000.00
2005
Mathcounts Foundation 501c(3) $0.00 $1,500.00 $0.00 $1,500.00 $0.00
P.O. Box 20996
Billings, MT 59104-0996
$1,500.00
2005
National Council of Teachers of Mathematics 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
1906 Association Drive
Reston, VA 20191-1502
Project Support
$20,000.00
2005
National Plastics Center & Museum , Inc. 501c(3) $0.00 $6,500.00 $0.00 $6,500.00 $0.00
2 10 Lancaster Street
Leominster, MA 01453
PlastiVan Program
$6,500.00
2005

December 31, 2005

Online College Network, Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
1499 Regal Row, Suite 201
Dallas, TX 75247
OCN Instructional Brochures
$5,000.00
2005
Online College Network, Inc. 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
1499 Regal Row, Suite 201
Dallas, TX 75247
OCN Instructional Brochures
$5,000.00
2005
Parks and Wildlife Foundation of Texas 501c(3) $0.00 $20,000 00 $0.00 $20,000.00 $0.00
5550 FM 2495
Athens, TX 75752
Texas Freshwater Fisheries Center
$20,000.00
2005
Prince William County Public Schools Education Founda :ity Governmen $0.00 $30,000.00 $0.00 $30,000.00 $0.00
P.O. Box 389
Manassas, VA 20108
K-5 Math Implementation Grant
$30,000.00
2005
Reasoning Mind , Inc. 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
410 Pierce Street, Suite 208
Houston, TX 77002
Math Education Pilot Project
$100,000.00
2005
Reasoning Mind , Inc. 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00
410 Pierce Street, Suite 208

December 31, 2005

Houston, TX 77002
Math Education Pilot Project 2006
$100,000.00
2005
Science Ambassador $0.00 $84,500.00 $0.00 $84,500.00 $0.00
Iving, TX 75039
2005 Science Ambassador Program
$84,500.00
2005
Southeastern Consortium for Minorities in Engineering , 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
c/o Georgia Institute of Technology 151 6th Street, NW
Atlanta, GA 30332-0270
SECME Scholars and General Support
$50,000.00
2005
Southeastern Consortium for Minorities in Engineering , 501c(3) $0.00 $300,000.00 $0.00 $300,000.00 $0.00
c/o Georgia Institute of Technology 151 6th Street, NW
Atlanta, GA 30332-0270
SECME Scholars and General Support
$300,000.00
2005
Southwest Museum of Science & Technology 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
P.O. Box 151469
Dallas, TX 75315-1469
Hispanic Initiatives
$25,000.00
2005
Spring Branch Independent School District 501c(3) $0.00 $4,000.00 $0.00 $4,000.00 $0.00
8856 Westview Drive
Houston, TX 77055
Conference

December 31, 2005

$4,000.00
2005
Spring Independent School District 501c(3) $0.00 $22,000.00 $0.00 $22,000.00 $0.00
16717 Ella Boulevard
Houston, TX 77090
K-5 Continuation
$22,000.00
2005
St. Bernard Parish School Board ity Governmen $0.00 $26,500.00 $0.00 $26,500.00 $0.00
200 East St. Bernard Highway
Chalmette, LA 70043
School Uniforms
$26,500.00
2005
St. Bernard Parish School Board ity Governmen $0.00 $60,000.00 $0.00 $60,000.00 $0.00
200 East St. Bernard Highway
Chalmette, LA 70043
Science & Math Books & Equipment, Uniforms & After School Education - Hurricane Katrina
$60,000.00
2005
Stafford County Public Schools 501c(3) $0.00 $28,000.00 $0.00 $28,000.00 $0.00
31 Stafford Avenue
Stafford, VA 22554-7246
K-5 Math Program
$28,000.00
2005
Tavis Smiley Foundation 501c(3) $0.00 $125,000.00 $0.00 $125,000.00 $0 00
3870 Crenshaw Boulevard, Suite 391
Los Angeles, CA 90008-9941
Talented Tenth High School Tour
$125,000.00
2005

December 31, 2005

Teach for America, Inc. 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
315 West 36th Street, 6th Floor
New York, NY 10018
District of Columbia Program
$25,000.00
2005
Texas Business and Education Coalition 501c(3) $0.00 $40,000.00 $0.00 $40,000.00 $0.00
400 West 15th Street, Suite 404
Austin, TX 78701
$40,000.00
2005
Three Rivers Education Partnership 501c(3) $0.00 $12,500.00 $0.00 $12,500.00 $0.00
116 North Chicago Street, Suite 101
Joliet, IL 60432
Jason Expedition
$12,500.00
2005
Torrance Unified School District 501c(3) $0.00 $100,000 00 $0.00 $100,000.00 $0.00
2335 Plaza del Arno
Torrance, CA 90501
Pegasus Awards
$100,000.00
2005
Trinity River Mission , Inc. 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
1018 Gallagher
Dallas, TX 75212
ExxonMobil Future Tracks
$10,000.00
2005
University of Dallas Other $0.00 $50,000.00 $0.00 $50,000.00 $0.00
1845 East Northgate Drive

December 31, 2005

Irving, TX 75062-4736
ExxonMobil Institute for Academic Achievement
$50,000.00
2005
University of Texas at San Antonio 501 c(3) $0.00 $60,000.00 $0.00 $60,000.00 $0.00
6900 North Loop 1604 West
San Antonio, TX 78249-0601
Texas Science & Engineering Fair
$60,000.00
2005
World Affairs Council of Greater Dallas 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
325 N. St. Paul, Suite 2200
Dallas, TX 75201
International Education Initiative ($75k: 2005-2007)
$75,000.00
2005
Total PreCollege Education $0.00 $2,664,500.00 $0.00 $2,664,500.00 $0.00
Public Inforamtion and Policy Research

Acton Institute for the Study of Religion and Liberty 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
161 Ottawa, NW, Suite 301
Grand Rapids, MI 49503
$50,000.00
2005
Advertising Council, Inc. 501 c (3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
261 Madison Avenue
New York, NY 100 16-2303
$20,000.00
2005
AEI-Brookings Joint Center for Regulatory Studies 501c (3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00

December 31, 2005

1150 Seventeenth Street, NW

$25,000.00
2005
American Conservative Union Foundation 501c(3) $0.00 $50,000.00 $0.00 $0.00 $50,000.00
1007 Cameron Street
Asbestos Legal Reform and Windfall Profits Tax Issues
$50,000.00
2005
American Council for Capital Formation Center for Polio 501c(3) $0.00 $90,000.00 $0.00 $90,000.00 $0.00
$90,000.00
2005
Climate Change
$90,000.00
2005
American Council for Capital Formation Center for Polii 501c(3) $0.00 $90,000.00 $0.00 $90,000.00 $0.00
Climate Change Education Efforts
$90,000.00
2005

December 31, 2005

Climate Change Environmental & Economic Research

$90,000.00
2005
American Council on Science and Health 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
1995 Broadway, 2nd Floor
New York, NY 10023-5860
Project Support
$25,000.00
2005
American Enterprise Institute for Public Policy Research 501c(3) $0.00 $235,000.00 $0.00 $235,000.00 $0.00
1 150 Seventeenth Street, N.W.
$235,000.00
2005
American Inns of Court Foundation 501c(3) $0.00 $2,000.00 $0.00 $2,000.00 $0.00
1229 King Street, 2nd Floor
$2,000.00
2005
American Judicature Society 501c(3) $0.00 $3,000.00 $0.00 $3,000.00 $0.00
The Opperman Center at Drake University 2700 University Avenue
Des Moines, IA 50311
$3,000.00
2005
American Legislative Exchange Council 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
1 129 20th Street, NW, Suite 500
$30,000.00

December 31, 2005

2005
Energy Sustainability Project (Climate Change)
$80,000.00
2005
Project Support
$20,000.00
2005
Climate Change Environmental Outreach
$21,500.00
2005
Annapolis Center for Science - Based Public Policy Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
111 Forbes Street, Suite 200
Annapolis, MD 21401
Project Support
$30,000.00
2005
Atlantic Legal Foundation 501c(3) $0.00 $3,000.00 $0.00 $3,000.00 $0.00
60 East 42nd Street
New York, NY 10165
$3,000.00
2005
Atlas Economic Research Foundation 501c(3) $0.00 $100,000.00 $0.00 $100,000.00 $0.00

December 31, 2005

2000 North 14th Street, Suite 550

Arlington, VA 22201
$100,000.00
2005
Brookings Institution 501c(3) $0.00 $75,000.00 $0.00 $75,000.00 $0.00
1775 Massachusetts Avenue N.W.
$75,000.00
2005
Capital Research Center 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
1513 16th Street NW
Green Watch Project
$50,000.00
2005
Center for American and International Law 501c(3) $0.00 $100.00 $0.00 $100.00 $0.00
5201 Democracy Drive
Plano, TX 75024-3561
$100.00
2005
Center for American and International Law 501c(3) $0.00 $8,000.00 $0.00 $8,000.00 $0.00
Plano, TX 75024-3561
Institute for Energy Law - General Operating
$8,000.00
2005
Plano, TX 75024-3561

December 31, 2005

Institute for Transnational Arbitration - General Operating

$6,500.00
2005
Piano, TX 75024-3561
International and Comparative Law - General Operating
$5,000.00
2005
Centre for New Europe-USA 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
2020 Pennsylvania Avenue, NW
Global Climate Change Education Efforts
$50,000.00
2005
Center for Strategic and International Studies Inc. 501c(3) $0.00 $150,000.00 $0.00 $150,000.00 $0.00
$150,000.00
2005
Center for the Defense of Free Enterprise 501 c(3) $0.00 $60,000.00 $0.00 $60,000.00 $0.00
12500 N. E. 10th Place
Bellevue, WA 98005
Global Climate Change Issues
$60,000.00
2005
Center for the Study of Carbon Dioxide and Global Char 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
P.O. Box 25697
Tempe, AZ 85285-5697
Climate Change Activities
$25,000.00

December 31, 2005

2005
Central and East European Law Initiative Institute 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
740 15th Street, NW
Judge and Lawyer Training Program ($100k: 2002-2005)
$100,000.00
2002
Central and East European Law Initiative Institute 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
740 15th Street, NW
$50,000.00
2005
Committee for a Constructive Tomorrow 501c(3) $0.00 $70,000.00 $0.00 $70,000.00 $0.00
P.O. Box 65722
Climate Change & Energy
$70,000.00
2005
Committee for a Constructive Tomorrow 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
P.O. Box 65722
$20,000.00
2005
Competitive Enterprise Institute 501c(3) $0.00 $90,000.00 $0.00 $90,000.00 $0.00
General Support and Environmental Programs
$90,000.00
2005
Congress of Racial Equality 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00

December 31, 2005

817 Broadway 3rd Floor

New York, NY 10003
Global Climate Change Environmental Outreach
$25,000.00
2005
Congress of Racial Equality 501c(3) $0.00 $50,000.00 $0.00 $50,000 00 $0.00
817 Broadway 3rd Floor
New York, NY 10003
$50,000.00
2005
Dallas Bar Association Projects Fund , Inc. 501c(3) $0.00 $1,000.00 $0.00 $1,000.00 $0.00
2101 Ross Avenue
Dallas, TX 75201
Bench Bar Conference
$1,000.00
2005
Eisenhower Exchange Fellowships Inc. 501c(3) $0.00 $40,000.00 $0.00 $40,000.00 $0.00
256 South 16th Street
Philadelphia, PA 19102
2005 Arab Middle East Program
$40,000.00
2005
Environmental Literacy Council 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
Global Climate Change & Energy Education
$50,000.00
2005
Federalist Society for Law and Public Policy Studies 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00

December 31, 2005


$15,000.00
2005
Foundation for Research on Economics and the Environs 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
662 Ferguson Road
Bozeman, MT 59718
$30,000.00
2005
Foundation of the International Association of the Defew 501c(3) $0.00 $10,000 00 $0.00 $10,000.00 $0.00
One North Franklin, Suite 1205
Chicago, IL 60606
Project Support
$10,000.00
2005
Free Enterprise Education Institute, Inc. 501c(3) $0.00 $45,000.00 $0.00 $45,000.00 $0.00
12309 Briarbush Lane
Potomac, MD 20854
Corporate Social Responsibility and Climate Change
$45,000.00
2005
Free Enterprise Education Institute , Inc. 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
12309 Briarbush Lane
Potomac, MD 20854
$25,000.00
2005
Frontiers of Freedom Institute 501c (3) $0.00 $90,000.00 $0.00 $90,000.00 $0.00
13448 Melville Lane
Chantilly, VA 20151
Climate Change Efforts
$90,000.00

December 31, 2005

2005
George C. Marshall Institute 501c(3) $0.00 $90,000.00 $0.00 $90,000.00 $0.00
Climate Change
$90,000.00
2005
George Mason University Foundation , Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
4400 University Drive, MS 1A3
Fairfax, VA 22030-4444
Law & Economics Center
$30,000.00
2005
Georgetown University, Center Contemporary Arabic St 501 c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
241 ICC Building, Box 571020
$30,000.00
2005
Heartland Institute 501c(3) $0.00 $29,000.00 $0.00 $29,000.00 $0.00
19 South LaSalle, Suite 903
Chicago, IL 60603
$29,000.00
2005
Henry L. Stimson Center 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
11 Dupont Circle, NW, 9th Floor
$10,000.00
2005
Heritage Foundation 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00

December 31, 2005

214 Massachusetts Avenue, N.E.

$30,000.00
2005
Hoover Institution 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
Stanford University
Stanford, CA 94305-6010
$20,000.00
2005
Hudson Institute Inc. 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
1015 15th Street, NW 6th Floor
$10,000.00
2005
Independent Institute, Inc. 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
100 Swan Way
Oakland, CA 94621-1428
$30,000.00
2005
Independent Women ' s Forum 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
1726 M Street NW, Suite 1001
Media and Opinion Leader Outreach on Climate Change Issues
$15,000.00
2005
Institute for Senior Studies 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
1600 Wilson Boulevard, Suite 960
Arlington, VA 22209

December 31, 2005


$30,000.00
2005
International Foundation for Election Systems 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
1101 15th Street, NW, Third Floor
Program Support
$10,000.00
2005
International Republican Institute 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
1225 Eye Street, NW, Suite 700
$10,000.00
2005
Johns Hopkins University, School for Advanced Internat Other $0.00 $75,000.00 $0.00 $75,000.00 $0.00
SAIS - International Programs
$75,000.00
2005
Landmark Legal Foundation 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
3100 Broadway, Suite 1110
Kansas City, MO 64111
Environmental Accountability Insurance
$10,000.00
2005
Lindenwood University 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
Institute for Study of Economics & the Environment 209 S. Kingshighway
St. Charles, MO 63301
Climate Change
$5,000.00

December 31, 2005

2005
Massachusetts Institute of Technology 501c(3) $0.00 $75,000.00 $0.00 $75,000 00 $0.00
Center for Energy and Environmental Pol icy Research 77 Massachusetts Ave., B ldg E40-428
Energy Policy Studies
$75,000.00
2005
Media Institute 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
1800 North Kent Street Suite 1 130
Arlington, VA 22209
$20,000.00
2005
Media Research Center 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
325 South Patrick Street
Arlington, VA 22314-3580
Climate Change & Environmental Issues
$50,000.00
2005
Mentor Group 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
Institute for Intercultural Education, Inc. 160 Commonwealth Avenue
Boston, MA 02116-2741
Court Forum
$30,000.00
2005
Middle East Institute 501c(3) $0.00 $40,000.00 $0.00 $40,000.00 $0.00
1761 N Street, N. W.
$40,000.00
2005
Middle East Policy Council 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00

December 31, 2005

1730 M Street, NW, Suite 512

$20,000.00
2005
Mountain States Legal Foundation 501c(3) $0.00 $2,500.00 $0.00 $2,500.00 $0.00
2596 South Lewis Way
Lakewood, CO 80227
$2,500.00
2005
National Association of Neighborhoods 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
1300 Pennsylvania Avenue, NW, Suite 700 -
$25,000.00
2005
National Black Chamber of Commerce 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
$50,000.00
2005
National Black Chamber of Commerce 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
$10,000.00
2005
National Center for Policy Analysis 501c(3) $0.00 $75,000.00 $0.00 $75,000.00 $0.00
12770 Coit Road, Suite 800
Dallas, TX 75251-1339

December 31, 2005


$75,000.00
2005
National Center for Public Policy Research Inc. 501c(3) $0.00 $55,000.00 $0.00 $55,000.00 $0.00
501 Capitol Court NE, Suite 200
General Support and Educational Activities
$55,000.00
2005
National Center for State Courts 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
300 Newport Avenue
Williamsburg, VA 23185-4147
$20,000.00
2005
National Center for State Courts 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
300 Newport Avenue
Williamsburg, VA 23185-4147
$5,000.00
2005
National Democratic Institute for International Affairs 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
2030 M Street, Fifth Floor
$10,000.00
2005
National Democratic Institute for International Affairs 501c(3) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
2030 M Street, Fifth Floor
$10,000.00

December 31, 2005

2005
National Judicial College 501c(3) $0.00 $45,000.00 $0.00 $45,000.00 $0.00
Judicial College Building / MS 358 University of Nevada, Reno
Reno, NV 89557
$45,000.00
2005
National Legal Center for the Public Interest 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
$25,000.00
2005
National Taxpayers Union Foundation 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
108 North Alfred Street
Asbestos Litigation Reform Education Efforts
$50,000.00
2005
National Taxpayers Union Foundation 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
108 North Alfred Street
$20,000.00
2005
Pacific Legal Foundation 501c(3) $0.00 $15,000.00 $0.00 $15,000.00 $0.00
3900 Lennane Drive, Suite 200
Sacramento, CA 95834
$15,000.00
2005
Pacific Research Institute for Public Policy 501c(3) $0.00 $95,000.00 $0.00 $95,000.00 $0.00

December 31, 2005

755 Sansome Street, Suite 450

$95,000.00
2005
Property and Environment Research Center (PERC) 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
2048 Analysis Drive, Suite A
Bozeman, MT 59718 -
$20,000.00
2005
Reason Foundation 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
3415 S. Sepulveda Boulevard, Suite 400
Los Angeles, CA 90034-6064
Reason Foundation
$20,000.00
2005
Regents of the University of California 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
Lawrence Berkeley National Laboratory One Cyclotron Road, MS 90-4000
Berkeley, CA 94720
Lawrence Berkley Laboratory
$25,000.00
2005
Rutgers University Foundation /CAWP 501c(3) $0.00 $2,500.00 $0.00 $2,500.00 $0.00
Eagleton Institute of Politics Rutgers, The State University of New Jersey 191 Ryders Lane
New Brunswick, NJ 08901
Center for American Women in Politics
$2,500.00
2005
Southern Methodist University Law School Foundation 170c(1) $0.00 $10,000.00 $0.00 $10,000.00 $0.00
School of Law Storey Hall, P.O. Box 7501 16
Dallas, TX 75275-01 16

December 31, 2005


$10,000.00
2005
Stanford University/ Stanford Institute for Economic Poli 501c(3) $0.00 $80,000.00 $0.00 $80,000.00 $0.00
Management Science & Engineering 323 Terman Engineering Center
Stanford, CA 94305-4026
Energy Policy Research
$80,000.00
2005
Tax Council Policy Institute 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
1301 K Street, NW, Suite 800 West
$20,000.00
2005
Transparency International USA 501c(3) $0.00 $50,000.00 $0.00 $50,000.00 $0.00
$50,000.00
2005
University of Houston Law Foundation 501c(3) $0.00 $25,000.00 $0.00 $25,000.00 $0.00
University of Houston Law Center 100 Law Center
$25,000.00
2005
University of Houston Law Foundation 501c(3) $0.00 $5,000.00 $0.00 $5,000.00 $0.00
University of Houston Law Center 100 Law Center
Institute for Energy, Law and Enterprise
$5,000.00

December 31, 2005

2005
University of North Carolina at Chapel Hill 501c(3) $0.00 $80,000.00 $0.00 $80,000.00 $0.00
School of Public Health 106 Rosenau Hall Campus Box 7431
Chapel Hill, NC 27599-7431
Air Quality Research Support
$80,000.00
2005
Washington Legal Foundation 501c(3) $0.00 $30,000.00 $0.00 $30,000.00 $0.00
$30,000.00
2005
World Press Institute 501c(3) $0.00 $20,000.00 $0.00 $20,000.00 $0.00
1576 Summit Avenue
St. Paul, MN 55105
$20,000.00
2005
Total Public Information and Policy Research $0.00 $3,689,100.00 $0.00 $3,639,100.00 $50,000.00
Grand Total $11,152 ,376.91 $ 65,183,119 . 98 $0.00 $63,660,964.82 $12,674,532.07

2007 Worldwide Contributions and Community Investments
Public Information and Policy Research
Acton Institute*, Grand Rapids, Michigan $ 50,000

Africa Society*, Washington, D.C. 25,000
Africa-America Institute*, New York, New York 10,000
Alliance To Save Energy*, Washington, D.C.
General Operating Support 60,000
Global Forum and Exposition 10,000
American Conservative Union Foundation*, Alexandria, Virginia 20,000
American Council for Capital Formation Center for Policy Research*,
Washington, D.C. 15,000
American Council on Science and Health*, New York, New York
Project Support 25,000
American Enterprise Institute for Public Policy Research*, Washington, D.C.
General Operating Support & Annual Dinner 240,000
American Friends of Lubavitch*, Washington, D.C.
Annual Benefit Event 10,000
American Judicature Society*, Des Moines, Iowa
Justice Award Dinner 5,000
American Legislative Exchange Council, Washington, D.C. 31,000
American Spectator Foundation*, Arlington, Virginia 25,000
Americas Society, Inc.*, New York, New York
Spring Party 10,000
Annapolis Center for Science-Based Public Policy Inc.*, Maryland 105,000
Asia Society Texas*, Houston
Tiger Ball 25,000
Asia Society*, Washington, D.C.
Annual Conference 20,000
Annual Dinner 25,000
DC Metro and NY 25,000
Subtotal $ 70,000
Aspen Institute, Inc.*, Queenstown, Maryland
Forum on Global Energy 90,000
Atlas Economic Research Foundation*, Arlington, Virginia 100,000
Baker Institute for Public Policy – Rice University*, Houston, Texas
Energy Forum 50,000
British American Business Council*, Houston, Texas
Women’s Global Leadership Conference 23,500
Brookings Institution*, Washington, D.C.
AEI-Brookings Judicial Education Program 30,000
Corporate Council 200,000
Business Civic Leadership Center*, Washington, D.C.
Business Council for International Understanding*, New York, New York
Training in Commercial Diplomacy 25,000
California Legislative Black Caucus Foundation Inc.*, Los Angeles 5,000
Capital Research Center*, Washington, D.C. 50,000
Caribbean-Central American Action*, Washington, D.C.
31st Annual Miami Conference 15,000
Carnegie Endowment for International Peace*, Washington, D.C.
Program Support 20,000
Center for American and International Law, Plano, Texas

Institute for Energy Law $ 8,000
Institute for Transnational Arbitration 6,500
International and Comparative Law 5,000
Other Contributions*, each under $5,000 3,000
Other Contributions, each under $5,000 2,500
Subtotal $ 25,000
Center for Clean Air Policy*, Washington, D.C. 25,000
Center for Corporate Citizenship at Boston College*, Chestnut Hill,
Massachusetts
Membership 10,000
Center for Strategic and International Studies Inc.*, Washington, D.C.
2009 Africa Policy Review and Recommendations 40,000
Leadership Dinner & Dialogue 25,000
Support of the CSIS Africa Program 25,000
Subtotal $315,000
Central and East European Law Initiative Institute*, Washington, D.C.
Judge and Lawyer Training 25,000
Chemical Educational Foundation*, Arlington, Virginia
Product Stewardship Bulletins 25,000
China Business Forum, Inc., Washington, D.C.
U.S.-China Legal Cooperation Fund 25,000
Committee Encouraging Corporate Philanthropy*, New York, New York
Membership 10,000
Committee for a Constructive Tomorrow*, Washington, D.C. 40,000
Committee for Economic Development*, Washington, D.C.
Annual Awards Dinner 10,000
Communications Institute*, Pasadena, California
Energy Literacy 75,000
Congressional Black Caucus Foundation, Inc.*, Washington, D.C.
Annual Legislative Dinner 15,000
Corporate Council on Africa*, Washington, D.C.
Forum and Reception 5,000
Membership 25,000
US Africa Business Summit 150,000
Subtotal $180,000
Council for the United States and Italy*, Washington, D.C.
Membership 5,000
Council on Competitiveness*, Washington, D.C. 15,000
Council on Foreign Relations, Inc.*, New York, New York
Africa Initiative 50,000
Membership 60,000
Council on Foundations, Inc.*, Arlington, Virginia
Membership 15,000
Environmental Law Institute*, Washington, D.C.
Membership 11,000
Faith & Politics Institute*, Washington, D.C. 25,000
Federalist Society for Law and Public Policy Studies*, Washington, D.C. 15,000
2
Financial Executives Research Foundation, Inc.*, Florham Park, New Jersey

Project Support $ 35,000
Research Program 15,000
Foreign Policy Association*, New York, New York
Annual Dinner 30,000
Foundation for Public Affairs*, Washington, D.C. 5,000
Foundation for Research on Economics and the Environment*, Bozeman,
Montana 30,000
Foundation for the Center for Energy, Marine Transportation and Public Policy
at Columbia University*, New York, New York 100,000
Foundation of the International Association of the Defense Counsel*,
Chicago, Illinois
Frontiers of Freedom Institute*, Oakton, Virginia
Fund for Peace*, Washington, D.C.
Human Rights & Business Roundtable 15,000
George C. Marshall Institute*, Washington, D.C.
George C. Marshall Research Foundation*, Lexington, Virginia
Award Dinner 10,000
George Mason University Foundation, Inc., Fairfax, Virginia
Law & Economics Center 30,000
Law & Economics Center* 10,000
George Washington University*, D.C.
Middle East Policy Forum 25,000
Georgetown University, Center for Contemporary Arabic Studies,
Georgetown University*, Washington, D.C. 50,000
Headwaters Resource Conservation and Development Area Inc.*, Butte, Montana
Montana Economic Development Summit 10,000
Henry L. Stimson Center*, Washington, D.C. 25,000
Heritage Foundation*, Washington, D.C. 40,000
Independent Institute, Inc.*, Oakland, California 15,000
Institute for Energy Research*, Houston, Texas
Institute for Research on the Economics of Taxation*, Washington, D.C.
Membership 10,000
Institute of Internal Auditors Research Foundation*, Altamonte Springs, Florida
Research Program 5,000
International Accounting Standards Committee Foundation*, New York, New York 150,000
International Conservation Caucus Foundation*, Washington, D.C. 25,000
International Foundation for Election Systems, Washington, D.C.
Program Support 10,000
International Institute for Conflict Prevention & Resolution*, New York, New York
Membership Support 10,000
John P. Ellbogen Foundation*, Casper, Wyoming 5,000
3
Johns Hopkins University, School for Advanced International Studies,

Washington, D.C.
Africa Program (Nigeria)* $ 5,000
SAIS – Latin America 75,000
Kuwait-America Foundation*, Washington, D.C.
Benefit Dinner - Healing for Peace 150,000
Landmark Legal Foundation, Kansas City, Missouri 10,000
Lindenwood University*, St. Charles, Missouri 10,000
Manhattan Institute for Policy Research*, New York, New York 30,000
Massachusetts Institute of Technology, Cambridge
Energy Policy Studies 75,000
Energy Policy Studies* 75,000
Media Research Center*, Alexandria, Virginia 55,000
Mentor Group*, Boston, Massachusetts
Court Forum 30,000
Mercatus Center*, Arlington, Virginia 40,000
Mexican Cultural Institute*, Washington, D.C. 5,000
Mexico Institute*, Dallas, Texas 5,000
Middle East Institute*, Washington, D.C. 50,000
Middle East Policy Council*, Washington, D.C. 20,000
Mountain States Legal Foundation, Lakewood, Colorado 5,000
National Association of Neighborhoods*, Washington, D.C. 25,000
National Black Caucus of State Legislators*, Washington, D.C. 15,000
National Black Chamber of Commerce*, Washington, D.C. 75,000
National Bureau of Asian Research*, Seattle, Washington
Energy Program Sponsorship 10,000
Energy Program Support 10,000
NBR Chairman's Council 15,000
Subtotal $ 35,000
National Bureau of Economic Research*, Cambridge, Massachusetts 25,000
National Center for Policy Analysis*, Dallas, Texas 75,000
National Center for Public Policy Research Inc.*, Washington, D.C. 55,000
National Center for State Courts*, Williamsburg, Virginia 25,000
National Conference of State Legislatures Foundation for State Legislatures*,
Denver, Colorado 10,000
National Conference of State Legislatures Foundation*, Denver, Colorado
Women's Legislative Network 5,000
National Council on US-Arab Relations*, Washington, D.C. 25,000
National Foreign Trade Council Foundation, Inc.*, Washington, D.C.
World Trade Dinner 15,000
National Foundation for Judicial Excellence*, Chicago, Illinois 10,000
National Governors Association Center for Best Practices*, Washington, D.C. 15,000
National Judicial College, Reno, Nevada
National Taxpayers Union Foundation*, Alexandria, Virginia 125,000
National Woman’s Party*, Washington, D.C.
2007 Alice Award Honoring Senator Kay Bailey Hutchison 10,000
Nixon Center*, Washington, D.C. 10,000
Pacific Legal Foundation*, Sacramento, California 15,000
Pacific Research Institute for Public Policy*, San Francisco, California 85,000
4
Partnership for Public Service*, Washington, D.C.

Leadership Awards Dinner $ 10,000
Peterson Institute for International Economics*, Washington, D.C.
U.S.–Indonesia FTA Project 15,000
Property and Environment Research Center (PERC)*, Bozeman, Montana 20,000
Public Affairs Research Council of Louisiana, Inc.*, Baton Rouge
Membership 30,000
RAND Corporation*, Santa Monica, California
Business Leaders Forum Membership 25,000
Rand Institute for Civil Justice*, Santa Monica, California 100,000
Regents of the University of California*, Berkeley
Lawrence Berkeley Laboratory 25,000
Rene Moawad Foundation*, Washington, D.C.
Gala 5,000
Seeds of Peace, Washington, D.C.
Spring Gala* 10,000
World Leaders Summit* 15,000
Subtotal $125,000
Senate Hispanic Research Council, Inc.*, Austin, Texas
Luna Minority Student Internships 10,000
Smithsonian Astrophysical Observatory*, Cambridge, Massachusetts 55,000
Southern Methodist University Law School Foundation*, Dallas, Texas 10,000
Stanford University/Center for International Development*, California 25,000
Stanford University/Stanford Institute for Economic Policy Research, California
General Operating Support* 50,000
State Agency Council*, Austin, Texas
Governor's Commission for Women 40th Anniversary Luncheon 10,000
Tax Council Policy Institute*, Washington, D.C. 20,000
Tax Foundation*, Washington, D.C.
Annual Conference & Dinner 5,000
Annual Sponsorship 25,500
WPT Project Support 25,000
Subtotal $ 55,500
Temple University*, Philadelphia, Pennsylvania
Judicial Training Program 75,000
Texas A&M University*, College Station
U.S. China Relations Conference 100,000
Texas Appleseed*, Austin
Good Apple Dinner 10,000
Texas Center for Legal Ethics and Professionalism*, Austin 5,000
Texas Conference for Women*, Austin
Conference 15,000
Texas Equal Access to Justice Foundation*, Austin 10,000
Texas Public Policy Foundation*, Austin
Fundraiser 10,000
Texas Southern University*, Houston
Texas Legislative Internship Program 10,000
Tides Center/Africa Grantmakers' Affinity Group*, New York, New York
Membership 7,500
5
Transparency International USA, Washington, D.C. $ 50,000

United States-Indonesia Society*, Washington, D.C.
2007 Annual Fund 75,000
Dinner Honoring Republic of Indonesia Minister of Finance 25,000
University of Houston Law Foundation, Texas
General Operating Support ($100,000: 2004-2007) 25,000
University of North Carolina at Chapel Hill*
Air Quality Research Program 50,000
University of Texas at Austin*, Houston
Center for Energy Economics Research 5,000
University of Texas at Dallas*, Richardson
Corporate Governance Conference 5,000
University of Texas Law School Foundation*, Austin 10,000
US-ASEAN Council for Business and Technology Inc.*, Washington, D.C. 10,000
Washington Legal Foundation, D.C. 30,000
Washington University*, St. Louis, Missouri
International Symposium on Energy & Environment 25,000
Western Governors' Association*, Denver, Colorado 15,000
Wisconsin Chamber of Commerce Foundation Inc.*, Madison
Women in Government*, Washington, D.C.
Membership 20,000
Woodrow Wilson International Center for Scholars*, Washington, D.C.
Awards Dinner 10,000
Kennan Institute 5,000
Subtotal $ 30,000
World Affairs Council*
Conversations with Living Legends – Houston, Texas 15,000
General Operating Support – Dallas, Texas 35,000
General Operating Support – Houston, Texas 6,500
General Operating Support – Washington, D.C. 10,000
Subtotal $ 66,500
World Press Institute, St. Paul, Minnesota 25,000
Wyoming Governor's Residence Foundation*, Cheyenne
2007 Inauguration Fundraiser 6,000
Wyoming Heritage Foundation*, Casper 5,000

Total Public Policy Contributions made through the United States $6,133,792
6
Contributions Benefiting Communities in the United States# $6,133,792

Contributions Benefiting Countries Outside the United States# $ 106,700
Total Worldwide Public Policy Contributions# $6,240,492
Exxon Mobil Corporation* $5,600,492

ExxonMobil Foundation $ 640,000
Total Public Information and Policy Research# $6,240,492
Grants made by ExxonMobil Foundation except where indicated by:

* Exxon Mobil Corporation, its divisions and affiliates
# May include cash and in-kind contributions to nonprofit and NGO organizations; direct spending on
community-serving projects; social bonus projects required under agreements with host governments by
Exxon Mobil Corporation, its divisions and affiliates; and, ExxonMobil’s share of community expenditures paid
by joint ventures operated by other companies.
7
Africa Society*, Washington, D.C. $ 25,000

Africa-America Institute*, New York, New York 10,000
Alliance To Save Energy*, Washington, D.C.
Event Support 50,000
General Support 135,000
America Abroad Media*, Washington, D.C. 50,000
American Australian Association*, New York, New York
2009 Benefit Gala 25,000
American Council for Capital Formation Center for Policy Research*,
American Enterprise Institute for Public Policy Research*, Washington, D.C. 235,000
American Inns of Court Foundation*, Alexandria, Virginia 5,000
American Legislative Exchange Council*, Washington, D.C.
Subtotal $ 47,500
American Spectator Foundation*, Arlington, Virginia 25,000
Americas Society*, New York, New York 15,000
Annapolis Center for Science-Based Public Policy Inc.*, Maryland 105,000
Asia Society*
Annual Dinner – Washington, D.C. 25,000
New York, New York 10,000
Tiger Ball – Houston, Texas 25,000
Subtotal $ 75,000
Aspen Institute, Inc.*
2009 Summer Conference Strategy Group – Washington, D.C. 50,000
Forum on Global Energy – Washington, D.C. 100,000
Washington Ideas Forum – Queenstown, Maryland 125,000
Subtotal $275,000
Atlas Economic Research Foundation*, Washington, D.C. 100,000
Baker Institute For Public Policy – Rice University*, Houston, Texas
Energy Forum 50,000
Bipartisan Policy Center, Inc.*, Washington, D.C.
Leadership Council 150,000
Brookings Institution*, Washington, D.C. 265,000
Business Civic Leadership Center*, Washington, D.C. 25,000
Dwight D. Eisenhower Global Awards Gala 50,000
Subtotal $ 93,000
Cambridge in America*, New York, New York
Cambridge Centre for Energy Studies – United Kingdom 100,000
Caribbean-Central American Action*, Washington, D.C.
33rd Annual Conference 15,000
Carnegie Endowment for International Peace*, Washington, D.C. 25,000
1
Center for American and International Law*, Plano, Texas

60th Annual Oil & Gas Law Conference $ 6,000
Institute for Energy Law 8,000
Subtotal $ 33,500
Center for Clean Air Policy*, Washington, D.C. 35,000
Center for Corporate Citizenship at Boston College*, Chestnut Hill,
Massachusetts 10,000
Center for National Policy*, Washington, D.C. 25,000
Center for Public Policy Priorities*, Austin, Texas
2009 Texas Legacy Luncheon 10,000
Center for Strategic and International Studies*, Washington, D.C.
Capital Campaign 1,000,000
Russia Balance Sheet Project 75,000
Subtotal $1,360,000
Central and East European Law Initiative Institute*, Washington, D.C.
Residential Legal Training Program – Prague 25,000
China Business Forum, Inc.*, Washington, D.C.
US China Legal Cooperation Fund 25,000
Committee Encouraging Corporate Philanthropy*, New York, New York 10,000
Committee for Economic Development*, Washington, D.C. 10,000
Communications Institute*, Northridge, California 75,000
Conference Board, Inc.*, New York, New York 100,000
Congressional Black Caucus Foundation, Inc.*, Washington, D.C.
17th Annual Memorial Golf & Tennis Classic 15,000
Annual Legislative Conference 100,000
Presidential Inaugural Event 50,000
Subtotal $ 165,000
Congressional Hispanic Caucus Institute Inc.*, Washington, D.C.
Public Policy Conference 50,000
7th Biennial U.S.-Africa Business Summit 150,000
Council for the United States and Italy*, Washington, D.C. 7,500
Council of State Governments*, Lexington, Kentucky 6,000
Council on Foreign Relations, Inc.*
Africa Initiative – Washington, D.C. 50,000
New York, New York 100,000
Council on Foundations, Inc.*, Arlington, Virginia 15,000
Economic Club of Washington*, D.C. 10,000
Endowment of the United States Institute of Peace*, Washington, D.C.
Public Education Center: Research and Development on Building Peace 50,000
Environmental Law Institute*, Washington, D.C.
ELI Corporate Program 11,500
Executive Council on Diplomacy, Inc.*, Washington, D.C. 20,000
Faith & Politics Institute*, Washington, D.C. 50,000
2
Federalist Society for Law and Public Policy Studies*, Washington, D.C. $ 15,000
Financial Executives Research Foundation, Inc.*, Florham Park, New Jersey 50,000
Foreign Policy Association*, New York, New York 25,000
Foundation for Research on Economics and the Environment*, Bozeman,
Montana 30,000
Foundation for the Center for Energy, Marine Transportation and Public Policy
at Columbia University*, New York, New York 100,000
Foundation of the International Association of the Defense Counsel*,
Chicago, Illinois 5,000
Human Rights and Business Roundtable 15,000
George Mason University Foundation*, Fairfax, Virginia 30,000
George Washington University*, D.C.
Georgetown University*, Washington, D.C.
Center for Contemporary Arab Studies 35,000
“Global Challenges” Public Discussion Series 50,000
“Science and Society: Global Challenges” Teaching Model 50,000
Subtotal $135,000
Henry L. Stimson Center*, Washington, D.C. 25,000
Heritage Foundation*, Washington, D.C. 50,000
Howard Jarvis Taxpayers Foundation*, Sacramento, California 20,000
Institute for Research on the Economics of Taxation*, Washington, D.C. 10,000
Institute of Internal Auditors Research Foundation*, Altamonte Springs, Florida 5,000
Institute of the Americas*, La Jolla, California 7,500
International Accounting Standards Committee Foundation*, New York, New York 150,000
International Center for Sustainable Development*, Gaithersburg, Maryland
Baltimore Electric Vehicle Initiative 50,000
International Conservation Caucus Foundation*, Washington, D.C. 25,000
International Institute for Conflict Prevention & Resolution*, New York, New York 10,000
Interstate Oil & Gas Compact Commission*, Oklahoma, Oklahoma 10,000
Johns Hopkins University*, Washington, D.C.
School for Advanced International Studies – Energy Studies 95,000
School for Advanced International Studies – Africa Program 15,000
Subtotal $111,000
Joint Center for Political and Economic Studies*, Washington, D.C.
2009 Annual Dinner 15,000
Kuwait-America Foundation*, Washington, D.C. 250,000
Landmark Legal Foundation*, Kansas City, Missouri 10,000
Latino Leaders Network*, Washington, D.C.
Presidential Inaugural Dinner Celebration 5,000
Manhattan Institute for Policy Research*, New York, New York 50,000
Maryland Academy of Sciences*, Baltimore
Baltimore Electric Vehicle Initiative 75,000
Massachusetts Institute of Technology*, Cambridge
MIT Model for Economic Assessment of U.S. Climate Policy ($150,000: 2008-2009) 75,000
Media Research Center*, Alexandria, Virginia 50,000
3
Mentor Group*, Boston, Massachusetts $ 35,000

Mercatus Center*, Arlington, Virginia 40,000
Mexican American Legal Defense and Educational Fund*, Los Angeles, California
Latino State of the Union Summit 15,000
Middle East Institute*, Washington, D.C. 50,000
Mountain States Legal Foundation*, Lakewood, Colorado 10,000
National Academy of Sciences*, Washington, D.C. 10,000
National Association of Neighborhoods*, Washington, D.C. 25,000
National Black Caucus of State Legislators*, Washington, D.C. 15,000
Pacific Energy Summit 100,000
Subtotal $175,000
National Committee on American Foreign Policy*, New York, New York 10,000
National Committee on United States-China Relations*, New York, New York 10,000
National Conference of State Legislatures* Denver, Colorado
Foundation for State Legislatures 12,500
National Council on US-Arab Relations*, Washington, D.C. 50,000
World Trade Dinner 15,000
National Judicial College*, Reno, Nevada 45,000
National Taxpayers Union Foundation*, Alexandria, Virginia
2009 National Taxpayers Conference 5,000
National Womans Party*, Washington, D.C.
2009 Alice Award Vice Chairman Luncheon 5,000
New America Foundation*, Washington, D.C. 25,000
Northwestern University School of Law*, Chicago, Illinois
Judicial Education Program 30,000
Litigation Cost Survey – Federal Rules Initiative 25,000
Pacific Research Institute for Public Policy*, San Francisco, California 75,000
Peterson Institute for International Economics*, Washington, D.C. 25,000
Public Affairs Research Council of Louisiana, Inc.*, Baton Rouge 30,000
RAND Corporation*, Santa Monica, California
Business Leaders Forum 25,000
Rand Institute for Civil Justice*, Santa Monica, California
Asbestos Liability 15,000
Lawrence Berkley Laboratory 35,000
4
Seeds of Peace*, New York, New York

2009 Annual Benefit Dinner $ 15,000
Senate Hispanic Research Council, Inc.*, Austin, Texas
Luna Minority Student Internships 10,000
Smithsonian Astrophysical Observatory*, Cambridge, Massachusetts 76,106
Southern Governors' Association*, Washington, D.C. 5,000
Southern Methodist University Law School Foundation*, Dallas, Texas 10,000
Southern Methodist University*, Dallas, Texas
Tower Center Forum 5,000
Stanford University*, California
Center for International Development 25,000
Stanford Institute for Economic Policy Research 50,000
State Agency Council*, Austin, Texas
Governor's Commission for Women 10,000
Tax Council Policy Institute*, Washington, D.C. 20,500
Temple University*, Philadelphia, Pennsylvania
James E. Beasley School of Law – China Judicial Training Program 75,000
Texas Center for Legal Ethics and Professionalism*, Austin 5,000
Texas Civil Rights Project*, Austin 5,000
Texas Equal Access to Justice Foundation*, Austin 15,000
Texas Judicial Foundation*, Austin 35,000
Texas Public Policy Foundation*, Austin 20,000
Texas RioGrande Legal Aid*, Weslaco
Texas C-Bar Program 5,000
Transparency International USA*, Washington, D.C. 50,000
Trustees of Tufts College*, Boston, Massachusetts 5,000
United States-Indonesia Society*, Washington, D.C.
Edward E. Masters USINDO-SAIS Program 100,000
University of Houston Law Foundation*, Texas
Institute tor Intellectual Property & Information Law 25,000
Institute for Intellectual Property & Information Law Annual Gala 25,000
University of North Carolina at Chapel Hill*
Air Quality Research Program 50,000
University of Texas at Austin*
Center for Energy Economics – Houston 5,000
School of Law 5,000
University of Texas at San Antonio*
Legislative Scholars Program 5,000
University of Texas Law School Foundation*, Austin 17,500
US-ASEAN Council for Business and Technology Inc.*, Washington, D.C.
Ambassadors Tour Dinner 25,000
5
Washington Legal Foundation*, D.C. $ 40,000

Women In Government*, Washington, D.C.
Energy Summit 21,000
Africa Program 30,000
Brazil Institute Awards Dinner 200,000
Kennan Center 5,000
Subtotal $ 335,000
Dallas, Texas 40,000
Houston, Texas 28,700
Subtotal $ 103,700
World Energy Cities Partnership*, Houston, Texas 5,000
Wyoming Heritage Foundation*, Casper 5,000

Contributions Benefiting Communities in the United States# $8,311,160

Contributions Benefiting Countries Outside the United States# $ 275,600
Total Worldwide Public Policy Contributions# $8,586,760

ExxonMobil Foundation $ 0
Total Public Information and Policy Research# $8,586,760
Grants made by ExxonMobil Foundation except where indicated by:

* Exxon Mobil Corporation, its divisions and affiliates
# May include cash and in-kind contributions to nonprofit and NGO organizations; direct spending on
community-serving projects; social bonus projects required under agreements with host governments by
Exxon Mobil Corporation, its divisions and affiliates; and, ExxonMobil’s share of community expenditures
paid by joint ventures operated by other companies.
6
Africa-America Institute*, New York, New York

30th Annual Awards Gala: Powering Africa's Future $ 10,000
Alumni Program Initiative 5,000
American Australian Association*, New York, New York
2014 Annual Benefit Dinner 25,000
American Council for Capital Formation*, Washington, D.C.
Center for Policy Research 25,000
Free Trade and Energy Roundtable 30,000
American Enterprise Institute for Public Policy Research*, Washington, D.C.
2014 Annual Dinner 10,000
Corporate Leadership Circle 250,000
Energy & Environmental Policy Research 50,000
Subtotal $ 310,000
American Friends of the University of Calgary Inc.*, Houston, Texas
School of Public Policy Extractive Resource Governance Project 1,000,000
American Legislative Exchange Council*, Arlington, Virginia
Private Sector – Jefferson Club Membership 25,000
Subtotal $ 61,500
Arthur W. Page Society*, New York, New York
2014 Page Up Annual Conference 5,000
Annual Conference Breakfast Sponsorship 5,000
Asia Society Texas Center*, Houston
Huffington Award Luncheon 50,000
Tiger Ball 25,000
Aspen Institute, Inc.*, Washington, D.C.
Manufacturing and Society in the 21st Century 15,000
U.S.-India Strategic Dialogue 25,000
Atlantic Council of the United States*, Washington, D.C.
2014 Energy and Economic Summit 60,000
Baker Institute for Public Policy - Rice University*, Houston, Texas
Energy Forum 50,000
Beacon State Fund*, Austin, Texas
Governor's Commission for Women 5,000
Bipartisan Policy Center, Inc.*, Washington, D.C.
Independent Research and Policy Programs 50,000
Issues and Education Efforts on Trade and Sanctions 25,000
Brookings Institution*, Washington, D.C.
Africa Growth Initiative 15,000
Corporate Council 265,000
Foreign Policy Program 150,000
Subtotal $ 430,000
2014 Eisenhower Global Awards Gala 15,000
Corporate Support 18,000
Global Chiefs of Mission Conference 30,000
Subtotal $ 88,000
1
Carnegie Mellon University*, Pittsburgh, Pennsylvania

Electricity Industry Center $ 50,000
Center for a New American Security*, Washington, D.C.
Arctic Stakeholder Group 50,000
Energy, Environmental and Security Program 25,000
Center for American and International Law*, Plano, Texas
2014 Higginbotham Lecture Series 5,000
Institute for Energy Law 14,500
Subtotal $ 42,000
Center for Clean Air Policy*, Washington, D.C.
Climate Change Initiative 35,000
Center for Corporate Citizenship at Boston College*, Chestnut Hill, Massachusetts 10,000
Center for Global Development*, Washington, D.C. 10,000
Center for National Policy*, Washington, D.C. 25,000
Center for Strategic and International Studies*, Washington, D.C.
Corporate Membership 235,000
Colorado School of Mines*, Golden
Unconventional Hydrocarbon Resources Education and Training Program 150,000
Columbia University*, New York, New York
Center on Global Energy Policy (CGEP) – Energy Markets and Policy Program 25,000
Commonwealth North Inc.*, Anchorage, Alaska
Alaska’s Critical Public Policy Issues 15,000
Conference Board, Inc.*, New York, New York 88,000
Congressional Black Caucus Foundation, Inc.*, Washington, D.C. 250,000
Congressional Hispanic Caucus Institute*, Washington, D.C.
Annual Legislative Dinner 200,000
2014 Annual Awards Dinner 10,000
Corporate Membership 25,000
Dinner Honoring President Ouattara, Republic of Ivory Coast 5,000
Liberia Working Group 10,000
Subtotal $ 50,000
Council of State Governments*, Lexington, Kentucky 6,000
Council on Foreign Relations, Inc.*
Africa Initiative – Washington, D.C. 50,000
Corporate Program – New York, New York 100,000
Council on Foundations, Inc.*, Arlington, Virginia 15,000
Durham University*, United Kingdom
Middle East Centre 9,209
Eisenhower Exchange Fellowships Inc.*, Philadelphia, Pennsylvania
Board Program Support 50,000
Chairman's Circle Membership 250,000
Executive Council on Diplomacy, Inc.*, Washington, D.C. 20,000
Federalist Society for Law and Public Policy Studies*, Washington, D.C. 15,000
Financial Executives Research Foundation, Inc.*, Morristown, New Jersey 50,000
2
Fund for American Studies*, Washington, D.C.

Congressional Scholarship Award Dinner $ 10,000
Novak Fellowship Awards Dinner 5,000
Human Rights & Business Roundtable 15,000
Future 500*, San Francisco, California
Energy Solutions Program 100,000
George Mason University Foundation*, Fairfax, Virginia
Law & Economics Center 30,000
George Washington University*, Washington, D.C.
Regulatory Studies Center 50,000
Georgetown University*, Washington, D.C.
Center for Contemporary Arab Studies 50,000
Science in the Public Interest 50,000
Global Leadership Foundation USA*, Arlington, Virginia 30,000
Harvard University*, Cambridge, Massachusetts
Corporate Social Responsibility Initiative 18,000
Hoover Institution*, Stanford, California
Arctic Security Initiative 50,000
Institute for Human Rights and Business*, London, United Kingdom 20,000
Institute for Policy Innovation*, Lewisville, Texas 5,000
Institute of Internal Auditors Research Foundation*, Altamonte Springs, Florida 5,000
Institute of the Americas*, La Jolla, California
Geopolitics of Energy Workshop 20,000
Intellectual Property Owners Education Foundation*, Washington, D.C.
Foundation Awards Dinner 5,000
International Judges Conference 10,000
Inter-American Dialogue*, Washington, D.C. 7,938
Johns Hopkins University, School for Advanced International Studies*, Washington, D.C.
Foreign Studies Programs 65,000
Joint Center for Political and Economic Studies*, Washington, D.C.
Annual Gala 30,000
Latino Leaders Network*, Washington, D.C. 20,000
Leadership Africa USA, Inc.*, Washington, D.C.
US-Africa Energy Ministerial (AEM) Summit – Ethiopia 50,000
Louisiana Legislative Black Caucus Foundation*, Baton Rouge 5,000
Manhattan Institute for Policy Research*, New York, New York
Center for Energy Policy 100,000
Massachusetts Institute of Technology*, Cambridge, Massachusetts
Mercatus Center, Inc.*, Arlington, Virginia 25,000
Meridian International Center*, Washington, D.C.
Global Business Diplomacy and Political Risk Management 29,500
Middle East Institute*, Washington, D.C.
2014 Annual Banquet 10,000
President’s Circle Membership 60,000
Mountain States Legal Foundation*, Lakewood, Colorado 10,000
3
National Association of Women Judges*, Washington, D.C.

2014 Mid-year Leadership Conference $ 5,000
Energy Security Program 50,000
Pacific Energy Summit 50,000
Subtotal $130,000
National Conference of State Legislatures Foundation*, Denver, Colorado
Conference of State Legislatures 12,500
Women's Legislative Network 5,000
National Council on US-Arab Relations*, Washington, D.C.
2014 Arab-US Policymakers Conference 50,000
2014 World Trade Dinner and Award Ceremony 15,000
National Foundation for American Policy*, Arlington, Virginia 7,500
National Judicial College*, Reno, Nevada 45,000
National Organization of Black Elected Legislative Women, Inc.*, Washington, D.C. 5,000
National Taxpayers Union Foundation*, Alexandria, Virginia 75,000
National Womans Party*, Washington, D.C.
Alice Award Luncheon 10,000
Net Impact*, San Francisco, California 25,000
Oxford Institute for Energy Studies*, United Kingdom
Institute for Energy Studies 35,000
Pennsylvania State University*, University Park
Permits Foundation*, The Hague, Netherlands
International Dual Career Initiative 8,957
Peterson Institute for International Economics*, Washington, D.C. 25,000
Public Affairs Research Council of Louisiana, Inc.*, Baton Rouge 20,000
Rand Institute for Civil Justice*, Santa Monica, California 85,000
Lawrence Berkley Laboratory 35,000
Regents of the University of California*, Davis
Institute for Transportation Studies 40,000
Regents of the University of California*, Riverside
Center for Environmental Research and Technology (CE-CERT) 50,000
Regents of the University of Michigan*, Ann Arbor
Transportation Research Institute 50,000
Seeds of Peace*, New York, New York
Annual Benefit Dinner 50,000
Skinner Leadership Institute, Inc.*, Tracy's Landing, Maryland
Master Series for Distinguished Leaders Reception 10,000
Southern Governors' Association*, Washington, D.C. 5,000
4
Southern Legislative Conference Arkansas Host Committee*, Little Rock

2014 Southern Legislative Conference $ 10,000
Stanford University*, California
Center for International Development 35,000
Institute for Economic Policy Research 20,000
Tahirih Justice Center*, Houston, Texas
2014 Houston Gala 5,000
Tax Council Policy Institute*, Washington, D.C.
Tax Policy Research & Educational Programs 20,000
Other Contributions, each under $5,000 500
Corporate Support 25,500
Taxes and Growth Project 75,000
Subtotal $ 106,500
Texas Civil Rights Project*, Austin
Annual Bill of Rights Dinner 6,500
Texas Defender Service*, Houston
Light of Justice Luncheon 5,000
Texas Equal Access to Justice Foundation*, Austin
Champions of Justice Gala 25,000
Texas Tribune, Inc.*, Austin
Texas Tribune Festival 20,000
Transparency International USA*, Washington, D.C. 25,000
U.S. Chamber of Commerce Foundation*, Washington, D.C.
Capital Campaign ($5,000,000: 2014-2018) 1,000,000
United Nations Foundation*, Washington, D.C.
Business Council Corporate Partner 25,000
United States Energy Association*, Washington, D.C.
U.S.-China Oil & Gas Energy Forum 10,000
United States-Indonesia Society*, Washington, D.C. 50,000
University of Delaware*, Newark
Energy Institute: Renewable Energy Research 50,000
University of Denver*, Colorado
Institute for the Advancement of the American Legal System 15,000
University of Texas at Austin*
2015 Texas Journal of Oil, Gas and Energy Law Symposium 5,000
Center for Energy Economics – Houston, Texas 5,000
Subtotal $ 160,000
University of Texas Law School Foundation*, Austin
2014 Alumni Awards Dinner 5,000
2015 Texas Law Reunion 5,000
2015 Women's Power Summit 5,000
Center for Women in Law 5,000
Subtotal $ 20,000
5
Washington Legal Foundation*, Washington, D.C. $ 40,000

Women in Government Foundation Inc.*, Washington, D.C.
Business Council Membership 20,000
Women's Foreign Policy Group Inc.*, Washington, D.C. 8,000
2014 Woodrow Wilson Awards Dinner 25,000
Africa Program 5,000
Canada Institute Advisory Board 15,000
Subtotal $ 45,000
2014 Global Education Gala – Washington, D.C. 100,000
General Support – Houston, Texas 10,000
General Support – Washington, D.C. 10,000
H. Neil Mallon Award Dinner – Dallas, Texas 25,000
Jones Award Luncheon – Houston, Texas 12,500
UAE Ambassador Luncheon – Dallas, Texas 10,000
Subtotal $ 167,500
Exxon Mobil Corporation*

#
Contributions Benefiting Communities in the United States $7,199,618
#
Contributions Benefiting Communities outside the United States $1,282,566
#
Total Worldwide Public Policy Contributions $8,482,184

#
Total Public Information and Policy Research $8,482,184
Grants made by the ExxonMobil Foundation except where indicated by:

*X Exxon Mobil Corporation, its divisions and affiliates
XTO Energy Inc.
# May include cash and in-kind contributions to nonprofit and non-governmental organizations; direct spending on
community-serving projects; social bonus projects required under agreements with host governments by Exxon Mobil
Corporation, its divisions and affiliates; and, ExxonMobil’s share of community expenditures paid by joint ventures
operated by other companies.
6
Smoke, Mirrors
& Hot Air
How ExxonMobil Uses Big Tobacco’s Tactics
to Manufacture Uncertainty on Climate Science
Union of Concerned Scientists

January 2007
© 2007 Union of Concerned Scientists
All rights reserved
The Union of Concerned Scientists is the

leading science-based nonprofit working for a
healthy environment and a safer world.
UCS combines independent scientific research

and citizen action to develop innovative, practical
solutions and secure responsible changes in
government policy, corporate practices,
and consumer choices.

Two Brattle Square
Phone: 617-547-5552
Fax: 617-864-9405
Email: ucs@ucsusa.org
Contents
Executive Summary 1
Introduction 3
Background: The Facts about ExxonMobil 4
The Origins of a Strategy 6
ExxonMobil’s Disinformation Campaign 9
Putting the Brakes on ExxonMobil’s Disinformation Campaign 25
Appendices
A. The Scientific Consensus on Global Warming 29
B. Groups and Individuals Associated with
ExxonMobil’s Disinformation Campaign 31
C. Key Internal Documents 37
• 1998 "Global Climate Science Team" memo 38
• APCO memo to Philip Morris regarding the creation of TASCC 44
• Dobriansky talking points 49
• Randy Randol's February 6, 2001, fax to the Bush team
calling for Watson's dismissal 51
• Sample mark up of Draft Strategic Plan for the
Climate Change Science Program by Philip Cooney 56
• Email from Mryon Ebell, Competitive Enterprise Institute,
to Phil Cooney 57

Endnotes 58
Acknowledgments
Seth Shulman was the lead investigator and primary author of this report. Kate Abend
and Alden Meyer contributed the final chapter. Kate Abend, Brenda Ekwurzel,
Monica La, Katherine Moxhet, Suzanne Shaw, and Anita Spiess assisted with
research, fact checking, and editing.
UCS would like to thank Kert Davies, Research Director for ExxonSecrets.org,
for pointing the author to original source material, Annie Petsonk for providing
input during initial scoping of the project, and the Natural Resources Defense
Council for sharing FOIA documents. UCS is thankful to the individuals and
organizations cited in this report who have explored various aspects of ExxonMobil's
funding of climate contrarians and the tobacco and climate link.
UCS would also like to thank the following individuals for their helpful comments
on various aspects of the report: Naomi Oreskes, Rick Piltz, James McCarthy, Don
Wuebbles, Erik Conway, Kevin Knobloch, Alden Meyer, and Peter Frumhoff.
We would also like to acknowledge the invaluable resource that has been created
by the court ordered public disclosure of tobacco industry documents.
The findings and opinions expressed in this report do not necessarily reflect the
opinion of the reviewers who provided comment on its content. Both the opinions
and the information contained herein are the sole responsibility of the Union of
Concerned Scientists.
Smoke, Mirrors, and Hot Air l
Executive Summary
I n an effort to deceive the public about the real-

ity of global warming, ExxonMobil has under-
written the most sophisticated and most successful
• Used its extraordinary access to the Bush
administration to block federal policies and
shape government communications on global
disinformation campaign since the tobacco indus- warming.
try misled the public about the scientific evidence
The report documents that, despite the scien-
linking smoking to lung cancer and heart disease.
tific consensus about the fundamental under-
As this report documents, the two disinformation
standing that global warming is caused by carbon
campaigns are strikingly similar. ExxonMobil has
dioxide and other heat-trapping emissions, Exxon-
drawn upon the tactics and even some of the
Mobil has funneled about $16 million between
organizations and actors involved in the callous
1998 and 2005 to a network of ideological and
disinformation campaign the tobacco industry
advocacy organizations that manufacture uncer-
waged for 40 years. Like the tobacco industry,
tainty on the issue. Many of these organizations
ExxonMobil has:
have an overlapping—sometimes identical—
• Manufactured uncertainty by raising doubts collection of spokespeople serving as staff, board
about even the most indisputable scientific members, and scientific advisors. By publishing
evidence. and republishing the non-peer-reviewed works of
a small group of scientific spokespeople, Exxon-
• Adopted a strategy of information laundering
Mobil-funded organizations have propped up
by using seemingly independent front organi-
and amplified work that has been discredited
zations to publicly further its desired message
by reputable climate scientists.
and thereby confuse the public.
ExxonMobil’s funding of established research
• Promoted scientific spokespeople who mis- institutions that seek to better understand science,
represent peer-reviewed scientific findings or policies, and technologies to address global warm-
cherry-pick facts in their attempts to persuade ing has given the corporation “cover,” while its fund-
the media and the public that there is still ing of ideological and advocacy organizations to
serious debate among scientists that burning conduct a disinformation campaign works to con-
fossil fuels has contributed to global warming fuse that understanding. This seemingly inconsis-
and that human-caused warming will have tent activity makes sense when looked at through
serious consequences. a broader lens. Like the tobacco companies in
previous decades, this strategy provides a positive
• Attempted to shift the focus away from mean- “pro-science” public stance for ExxonMobil that
ingful action on global warming with mislead- masks their activity to delay meaningful action on
ing charges about the need for “sound science.” global warming and helps keep the public debate
l Union of Concerned Scientists
stalled on the science rather than focused on the corporation to work behind the scenes to gain
policy options to address the problem. access to key decision makers. In some cases, the
In addition, like Big Tobacco before it, company’s proxies have directly shaped the global
ExxonMobil has been enormously successful at warming message put forth by federal agencies.
influencing the current administration and key Finally, this report provides a set of steps elected
members of Congress. Documents highlighted officials, investors, and citizens can take to neu-
in this report, coupled with subsequent events, tralize ExxonMobil’s disinformation campaign
provide evidence of ExxonMobil’s cozy relation- and remove this roadblock to sensible action for
ship with government officials, which enables reducing global warming emissions.
Introduction
E xxonMobil, the world’s largest publicly traded

corporation, doesn’t want you to know the facts
about global warming. The company vehemently
the tobacco industry’s 40-year disinformation
campaign.
This report documents ExxonMobil’s central
opposes any governmental regulation that would role in the current disinformation campaign
require significantly expanded investments in clean about climate science, identifying the campaign’s
energy technologies or reductions in global warm- rationale, who’s behind it, and how it has been
ing emissions. That is what the public and policy- able—so far—to successfully mislead the public,
makers are likely to demand when they know the influence government policies, and forestall fed-
truth about climate science. Consequently, the eral action to reduce global warming emissions.
corporation has spent millions of dollars to deceive ExxonMobil’s cynical strategy is built around
the public about global warming. In so doing, the notion that public opinion can be easily
ExxonMobil has underwritten the most sophis- manipulated because climate science is complex,
ticated and successful disinformation campaign because people tend not to notice where their
since Big Tobacco misled the public about the information comes from, and because the effects
incontrovertible scientific evidence linking smok- of global warming are just beginning to become
ing to lung cancer and heart disease. In fact, as visible. But ExxonMobil may well have underesti-
this report shows, many of the tactics, and even mated the public. The company’s strategy quickly
some of the same organizations and actors used unravels when people understand it for what it
by ExxonMobil to mislead the public, draw upon is: an active campaign of disinformation.
Background
The Facts About ExxonMobil
E xxonMobil is a powerful player on the world

stage. It is the world’s largest publicly traded
company: at $339 billion,1 its 2005 revenues ex-
company reporting.5 In 2005, the end use com-
bustion of ExxonMobil’s products—gasoline,
heating oil, kerosene, diesel products, aviation
ceeded the gross domestic products of most of the fuels, and heavy fuels—resulted in 1,047 million
world’s nations.2 It is the most profitable corpora- metric tons of carbon dioxide–equivalent emis-
tion in history. In 2005, the company netted $36 sions.6 If it was a country, ExxonMobil would
billion3—nearly $100 million in profit each day. rank sixth in emissions.
As the biggest player in the world’s gas and oil While some oil companies like BP, Occidental
business, ExxonMobil is also one of the world’s Petroleum, and Shell have begun to invest in
largest producers of global warming pollution. clean energy technologies and publicly committed
Company operations alone pumped the equiva- to reduce their heat-trapping emissions, Exxon-
lent of 138 million metric tons of carbon dioxide Mobil has made no such commitment.
into the atmosphere in 20044 and roughly the Lee Raymond, ExxonMobil’s chief executive
same level of emissions in 2005, according to officer (CEO) until 2006, set a brazenly unapolo-
Annual Emissions of Carbon Dioxide (Gigatons)

Annual Emissions of Carbon Dioxide (Gigatons)
United States
China
Russia
Japan
India
ExxonMobil Products 2005 The end use combustion of
ExxonMobil’s 2005 products
Germany including gasoline, heating oil,
Canada kerosene, diesel products, aviation
fuels, and heavy fuels compared
United Kingdom
with countries’ 2004 data on
South Korea carbon dioxide emissions from
consumption and flaring of
Italy
fossil fuels.
South Africa
France
Iran
0 1 2 3 4 5 6
* Country data available at http://www.eia.doe.gov/iea/carbon.html
* Country data available at http://www.eia.doe.gov/iea/carbon.html
getic corporate tone on global warming. Dur- This report identifies how strategies
ing his nearly 13 years as ExxonMobil’s leader,
Raymond unabashedly opposed caps on carbon and tactics used by ExxonMobil mirror
dioxide emissions and refused to acknowledge the well-documented campaign by the
the scientific consensus on global warming. Under
Raymond’s direction, ExxonMobil positioned tobacco industry to prevent govern-
itself, as Paul Krugman of the New York Times ment regulation by creating public
recently put it, as “an enemy of the planet.”7 Not
only did he do nothing to curb his company’s confusion about the link between
global warming emissions, during his tenure smoking and disease.
Raymond divested the company of nearly all its
alternative energy holdings.8 During his time
as CEO, ExxonMobil’s board lavishly rewarded turn to President Bush’s election campaign.11 In
him with compensation amounting to more than addition, ExxonMobil paid lobbyists more than
$686 million.9 When Raymond retired at the $61 million between 1998 and 2005 to help
end of 2005, he received an exorbitant retirement gain access to key decision makers.12
package worth nearly $400 million, prompting This report does not attempt to shed light on
sharp criticism from shareholders.10 ExxonMobil all ExxonMobil activities related to global warm-
is now headed by CEO Rex Tillerson, but the ing. Instead, it takes an in-depth look at how the
corporate policies Raymond forged so far remain relatively modest investment of about $16 million
largely intact. between 1998 and 2004 to select political organi-
ExxonMobil has played the world’s most active zations13 has been remarkably effective at manu-
corporate role in underwriting efforts to thwart facturing uncertainty about the scientific consen-
and undermine climate change regulation. For sus on global warming. It offers examples to
instance, according to the Center for Responsive illustrate how ExxonMobil’s influence over key
Politics, ExxonMobil’s PAC—its political action administration officials and members of Congress
committee—and individuals affiliated with the has fueled the disinformation campaign and helped
company made more than $4 million in political forestall federal action to reduce global warming
contributions throughout the 2000 to 2006 elec- emissions. And this report identifies how strate-
tion cycles. It was consistently among the top four gies and tactics used by ExxonMobil mirror the
energy sector contributors. In the 2004 election well-documented campaign by the tobacco indus-
cycle alone, ExxonMobil’s PAC and individuals try to prevent government regulation by creating
affiliated with the company gave $935,000 in public confusion about the link between smok-
political contributions, more than any other ing and disease.
energy company. Much of that money went in
The Origins of a Strategy
We will never produce and market a product shown

to be the cause of any serious human ailment.
— Tobacco I ndustry R esearc h C ommittee ,
“ F rank S tatement to C igarette S mokers ,”
publis h ed in 1 9 5 4 . 1 4
I n its campaign to sow uncertainty about the

scientific evidence on global warming, Exxon-
Mobil has followed a corporate strategy pioneered
never admit they were selling a hazardous product
without opening themselves to potentially crip-
pling liability claims.17 So, rather than studying
by the tobacco industry. Because ExxonMobil’s the health hazards posed by their products, the
strategy, tactics, and even some personnel draw tobacco industry hired Hill & Knowlton, a lead-
heavily from the tobacco industry’s playbook, it is ing public relations firm of the day to mount a
useful to look briefly at this earlier campaign. The public relations campaign on their behalf. In a
settlement of the lawsuit brought by the attorneys key memo, Hill & Knowlton framed the issue
general of 46 states forced the major tobacco com- this way: “There is only one problem—confidence
panies to place their enormous caches of internal and how to establish it; public assurance, and how
documents online.15 Thanks to these archives, the to create it.”18 In other words, the tobacco compa-
details of the tobacco industry’s covert strategy nies should ignore the deadly health effects of
are now clear. smoking and focus instead on maintaining the
The story begins in the mid-1950s when scien- public’s confidence in their products.
tific evidence began to emerge linking smoking to As time went on, a scientific consensus
cancer. The tobacco industry’s initial response was emerged about a multitude of serious dangers
to fund a research consortium, initially called the from smoking—and the tobacco manufacturers
Tobacco Industry Research Committee and later knew it. Despite the evidence, the industry devel-
known as the U.S. Tobacco Institute, to “study oped a sophisticated disinformation campaign—
the issue.” In 1954, Big Tobacco released a semi- one they knew to be misleading—to deceive the
nal public document called the “Frank Statement public about the hazards of smoking and to
to Cigarette Smokers,” which set the industry’s forestall governmental controls on tobacco
tone for the coming decades. This document ques- consumption.
tioned the emerging scientific evidence of the
harm caused by smoking but tried to appear con- How Big Tobacco’s Campaign
cerned about the issue, pledging to the public that Worked
the industry would look closely at the scientific In executing their calculated strategy over the
evidence and study it themselves.16 course of decades, tobacco industry executives
As we now know, tobacco industry lawyers employed five main tactics:
advised the companies early on that they could
• They sought to manufacture uncertainty by the Clinton administration, has dubbed the
raising doubts about even the most indisput- strategy one of “manufacturing uncertainty.”20 As
able scientific evidence showing their products Michaels has documented, Big Tobacco pioneered
to be hazardous to human health. the strategy and many opponents of public health
and environmental regulations have emulated it.
• They pioneered a strategy of “information From the start, the goal of the tobacco indus-
laundering” in which they used—and even try’s disinformation campaign was simple: to
covertly established—seemingly independent
front organizations to make the industry’s own
case and confuse the public. “Doubt is our product, since it is the
• They promoted scientific spokespeople and best means of competing with the
invested in scientific research in an attempt to ‘body of fact’ that exists in the minds
lend legitimacy to their public relations efforts.
of the general public. It is also the
• They attempted to recast the debate by
charging that the wholly legitimate health means of establishing a controversy.”
concerns raised about smoking were not — B rown & W illiamson
based upon “sound science.”
• Finally, they cultivated close ties with govern- undermine scientific evidence of the health risks
ment officials and members of Congress. While of smoking in any way possible. Thus, for forty
many corporations and institutions seek access years, the tobacco companies strove to manufac-
to government, Tobacco’s size and power gave ture doubt, uncertainty, and controversy about
it enormous leverage. the dangers of smoking where increasingly none
existed. The companies publicly fought the evi-
In reviewing the tobacco industry’s disinfor- dence of a link between smoking and lung cancer.
mation campaign, the first thing to note is that They disputed the evidence of a link between
the tobacco companies quickly realized they did smoking and heart disease. They questioned the
not need to prove their products were safe. Rather, scientific evidence showing that nicotine was
as internal documents have long since revealed, highly addictive. And they tried to raise uncer-
they had only to “maintain doubt” on the scien- tainty about the scientific evidence showing the
tific front as a calculated strategy. As one famous dangers of secondhand smoke. No researcher or
internal memo from the Brown & Williamson institution was immune from their tactics. For
tobacco company put it: “Doubt is our product, instance, as a 2000 report from the World Health
since it is the best means of competing with the Organization details, the tobacco companies went
‘body of fact’ that exists in the minds of the gen- to extraordinary lengths to try to undermine the
eral public. It is also the means of establishing a scientific evidence at that institution. They paid
controversy.”19 David Michaels, professor of occu- WHO employees to spread misinformation, hired
pational and environmental health at George Wash- institutions and individuals to discredit the inter-
ington University School of Public Heath and for- national organization, secretly funded reports
mer assistant secretary for the environment, safety designed to distort scientific studies, and even covert-
and health at the Department of Energy during ly monitored WHO meetings and conferences.21
Big Tobacco’s strategy proved remarkably suc- industry continues to be profitable despite the
cessful; “doubt” turned out to be a relatively easy multi-billion-dollar settlement of the U.S. states’
product to sell. Today, smoking continues to cause lawsuit against tobacco manufacturers. The
an estimated 5 million deaths per year worldwide “uncertainty” argument has also proved resilient.
22
and some 45 million people in the United As Murray Walker, former Vice President of the
States continue to smoke23—both illustrations of U.S. Tobacco Institute put it when he testified
the success of the tobacco companies’ campaign to under oath in a 1998 trial brought against the
prevent governments from implementing strong tobacco firms: “We don’t believe it’s ever been
tobacco control policies. Meanwhile, the tobacco established that smoking is the cause of disease.”24
ExxonMobil’s Disinformation Campaign
Victory will be achieved when average citizens “understand”

(recognize) uncertainties in climate science.
— internal memo b y t h e A merican P etroleum I nstitute , 1 9 9 8
I n the late 1980s, when the public first began to

hear about global warming, scientists had already
conducted more than a century of research on the
Drawing on a handful of scientific spokes-
people during the early and mid-1990s, the Global
Climate Coalition emphasized the remaining un-
impact of carbon dioxide on earth’s climate (see certainties in climate science.28 Exxon and other
Appendix A for more information). As the science members of the coalition challenged the need for
matured in the late 1980s, debate, a key component action on global warming by denying its existence
of the scientific process, surfaced among reputable as well as characterizing global warming as a natural
scientists about the scope of the problem and the phenomenon.29 As Exxon and its proxies mobi-
extent to which human activity was responsible. lized forces to cast doubt on global warming, how-
Much like the status of scientific knowledge about ever, a scientific consensus was emerging that put
the health effects of smoking in the early 1950s, their arguments on exceptionally shaky scientific
emerging studies suggested cause for concern ground (see Appendix A).
but many scientists justifiably argued that more
research needed to be done.25 MANUFACTURING UNCERTAINTY
Exxon (and later ExxonMobil), concerned By 1997, scientific understanding that human-
about potential repercussions for its business, caused emissions of heat-trapping gases were
argued from the start that no global warming causing global warming led to the Kyoto Proto-
trend existed and that a link between human col, in which the majority of the world’s industri-
activity and climate change could not be estab- alized nations committed to begin reducing their
lished.26 Just as the tobacco companies initially global warming emissions on a specified timetable.
responded with a coalition to address the health In response to both the strength of the scientific
effects of smoking, Exxon and the American Pet- evidence on global warming and the governmen-
roleum Institute (an organization twice chaired tal action pledged to address it, leading oil com-
by former Exxon CEO Lee Raymond) joined panies such as British Petroleum, Shell, and Texaco
with other energy, automotive, and industrial changed their stance on climate science and
companies in 1989 to form the Global Climate abandoned the Global Climate Coalition.30
Coalition.27 The coalition responded aggressively ExxonMobil chose a different path.
to the emerging scientific studies about global In 1998, ExxonMobil helped create a small
warming by opposing governmental action task force calling itself the “Global Climate Science
designed to address the problem. Team” (GCST). Members included Randy Randol,
10 l Union of Concerned Scientists
ExxonMobil’s senior environmental lobbyist at scientists and other like-minded individuals to

the time, and Joe Walker, the public relations rep- raise objections about legitimate climate science
resentative of the American Petroleum Institute.31 research that has withstood rigorous peer review
One member of the GCST task force, Steven and has been replicated in multiple independent
Milloy, headed a nonprofit organization called the peer-reviewed studies—in other words, to attack
Advancement of Sound Science Coalition, which research findings that were well established in the
had been covertly created by the tobacco compa- scientific community. The network ExxonMobil
ny Philip Morris in 1993 to manufacture uncer- created masqueraded as a credible scientific
tainty about the health hazards posed by second- alternative, but it publicized discredited studies
hand smoke.32 and cherry-picked information to present mis-
A 1998 GCST task force memo outlined an leading conclusions.
explicit strategy to invest millions of dollars to
manufacture uncertainty on the issue of global INFORMATION LAUNDERING
warming33—a strategy that directly emulated A close review reveals the company’s effort at
Big Tobacco’s disinformation campaign. Despite what some have called “information laundering”:
mounting scientific evidence of the changing cli- projecting the company’s desired message through
mate, the goal the team outlined was simple and ostensibly independent nonprofit organizations.
familiar. As the memo put it, “Victory will be First, ExxonMobil underwrites well-established
achieved when average citizens understand (recog- groups such as the American Enterprise Institute,
nize) uncertainties in climate science” and when the Competitive Enterprise Institute, and the
public “recognition of uncertainty becomes part Cato Institute that actively oppose mandatory
of the ‘conventional wisdom.’”34 (For full text action on global warming as well as many other
of the memo, see Appendix C.) environmental standards. But the funding doesn’t
Regardless of the mounting scientific evidence, stop there. ExxonMobil also supports a number
the 1998 GCST memo contended that “if we can of lesser-known organizations that help to market
show that science does not support the Kyoto and distribute global warming disinformation.
treaty…this puts the United States in a stronger Few of these are household names. For instance,
moral position and frees its negotiators from the most people are probably not familiar with the
need to make concessions as a defense against American Council for Capital Formation Center
perceived selfish economic concerns.”35 for Policy Research, the American Legislative
ExxonMobil and its partners no doubt under- Exchange Council, the Committee for a Con-
stood that, with the scientific evidence against structive Tomorrow, or the International Policy
them, they would not be able to influence repu- Network, to name just a few. Yet these organiza-
table scientists. The 1998 memo proposed that tions—and many others like them—have received
ExxonMobil and its public relations partners sizable donations from ExxonMobil for their
“develop and implement a national media rela- climate change activities.37
tions program to inform the media about uncer- Between 1998 and 2005 (the most recent year
tainties in climate science.”36 In the years that for which company figures are publicly available),
followed, ExxonMobil executed the strategy as ExxonMobil has funneled approximately $16 mil-
planned underwriting a wide array of front organi- lion to carefully chosen organizations that promote
zations to publish in-house articles by select disinformation on global warming.38 As the New
Smoke, Mirrors, and Hot Air l 11
York Times has reported, ExxonMobil is often the The network ExxonMobil created
single largest corporate donor to many of these
nonprofit organizations, frequently accounting for masqueraded as a credible scien-
more than 10 percent of their annual budgets.39 tific alternative, but it publicized
(For more detailed information, see Appendix B,
Table 1.) discredited studies and cherry-
A close look at the work of these organizations picked information to present
exposes ExxonMobil’s strategy. Virtually all of them
publish and publicize the work of a nearly identi- misleading conclusions.
cal group of spokespeople, including scientists
who misrepresent peer-reviewed climate findings
and confuse the public’s understanding of global recently called “an active, intelligent, and needed
warming. Most of these organizations also include presence in the national debate.”42
these same individuals as board members or Since 1998, ExxonMobil has spent $857,000
scientific advisers. to underwrite the Frontiers of Freedom’s climate
Why would ExxonMobil opt to fund so many change efforts.43 In 2002, for example, Exxon-
groups with overlapping spokespeople and prog- Mobil made a grant to Frontiers of Freedom of
rams? By generously funding a web of organiza- $232,00044 (nearly a third of the organization’s
tions with redundant personnel, advisors, or annual budget) to help launch a new branch of
spokespeople, ExxonMobil can quietly and effec- the organization called the Center for Science
tively provide the appearance of a broad platform and Public Policy, which would focus primarily
for a tight-knit group of vocal climate science on climate change.
contrarians. The seeming diversity of the organi- A recent visit to the organization’s website
zations creates an “echo chamber” that amplifies finds little information about the background or
and sustains scientific disinformation even though work of the Center for Science and Public Poli-
many of the assertions have been repeatedly de- cy.45 The website offers no mention of its staff or
bunked by the scientific community. board members other than its current executive
Take, for example, ExxonMobil’s funding of a director Robert Ferguson, for whom it offers no
Washington, DC-based organization called Fron- biographical information. As of September 2006,
tiers of Freedom.40 Begun in 1996 by former Sen- however, the website did prominently feature a
ator Malcolm Wallop, Frontiers of Freedom was 38-page non-peer-reviewed report by Ferguson on
founded to promote property rights and critique climate science, heavily laden with maps, graphs,
environmental regulations like the Endangered and charts, entitled “Issues in the Current State
Species Act.41 One of the group’s staff members, of Climate Science: A Guide for Policy Makers
an economist named Myron Ebell, later served as and Opinion Leaders.” 46 The document offers a
a member of the Global Climate Science Team, hodgepodge of distortions and distractions posing
the small task force that laid out ExxonMobil’s as a serious scientific review. Ferguson questions
1998 message strategy on global warming. Fol- the clear data showing that the majority of the
lowing the outline of the task force’s plan in 1998, globe’s glaciers are in retreat by feebly arguing that
ExxonMobil began funding Frontiers of Freedom not all glaciers have been inventoried, despite the
—a group that Vice President Dick Cheney monitoring of thousands of glaciers worldwide.47
And, in an attempt to dispute solid scientific time climate contrarian Patrick Michaels (a
evidence that climate change is causing extinctions meteorologist). Michaels has, over the past several
of animal species, Ferguson offers the non sequi- years, been affiliated with at least ten organiza-
tur that several new butterfly and frog species tions funded by ExxonMobil.52 Contributors to
were recently discovered in New Guinea.48 the book include others with similar affiliations
Perhaps most notable are Ferguson’s references, with Exxon-funded groups: Sallie Baliunas, Robert
citing a familiar collection of climate science con- Balling, John Christy, Ross McKitrick, and Willie
trarians such as Willie Soon (see p. 30 for more Soon53 (for details, see Appendix B, Table 2).
on Soon). In fact, although his title is not listed The pattern of information laundering is
on the organization’s website, Soon is the Cen- repeated at virtually all the private, nonprofit
ter for Science and Public Policy’s “chief science climate change programs ExxonMobil funds. The
researcher,” according to a biographical note website of the Chicago-based Heartland Institute,
accompanying a 2005 Wall Street Journal op-ed which received $119,000 from ExxonMobil in
co-authored by Ferguson and Soon.49 Ferguson’s 2005,54 offers recent articles by the same set of
report was not subject to peer review, but it is scientists. A visit to the climate section of the
nonetheless presented under the auspices of the website of the American Legislative Exchange
authoritative-sounding Center for Science and Council, which received $241,500 from Exxon-
Public Policy. Mobil in 2005,55 turns up yet another non-peer-
Another organization used to launder infor- reviewed paper by Patrick Michaels.56 The Com-
mation is the George C. Marshall Institute. Dur- mittee for a Constructive Tomorrow, which
ing the 1990s, the Marshall Institute had been received $215,000 from ExxonMobil over the
known primarily for its work advocating a “Star past two funding cycles of 2004 and 2005,57
Wars” missile defense program. However, it soon boasts a similar lineup of articles and a scientific
became an important home for industry-financed advisory panel that includes Sallie Baliunas, Robert
“climate contrarians,” thanks in part to Exxon- Balling, Roger Bate, Sherwood Idso, Patrick
Mobil’s financial backing. Since 1998, Exxon- Michaels, and Frederick Seitz—all affiliated with
Mobil has paid $630,000 primarily to underwrite other ExxonMobil-funded organizations.58
the Marshall Institute’s climate change effort.50 A more prominent organization funded by
William O’Keefe, CEO of the Marshall Institute, ExxonMobil is the Washington, DC-based Com-
formerly worked as executive vice president and petitive Enterprise Institute (CEI). Founded in
chief operating officer of the American Petroleum 1984 to fight government regulation on business,
Institute, served on the board of directors of the CEI started to attract significant ExxonMobil
Competitive Enterprise Institute, and is chairman funding when Myron Ebell moved there from
emeritus of the Global Climate Coalition.51 Frontiers of Freedom in 1999. Since then, CEI
Since ExxonMobil began to support its efforts, has not only produced a steady flow of vitupera-
the Marshall Institute has served as a clearing- tive articles and commentaries attacking global
house for global warming contrarians, conducting warming science, often using the same set of global
round-table events and producing frequent publi- warming contrarians; it has also sued the fed-
cations. Most recently, the Marshall Institute has eral government to stop the dissemination of a
been touting its new book, Shattered Consensus: National Assessment Synthesis Team report
The True State of Global Warming, edited by long- extensively documenting the region-by-region
impacts of climate change in the United States.59 Although Tech Central Station’s
For its efforts, CEI has received more than $2 mil-
lion in funding from ExxonMobil from 1998 content is dressed up as inde-
through 2005.60 pendent news articles, the DCI
The irony of all these efforts is that Exxon-
Mobil, a company that claims it is dedicated to Group established the outfit to
supporting organizations favoring “free market allow corporate clients and their
solutions to public policy problems,”61 is actively
propping up discredited studies and misleading surrogates to communicate
information that would otherwise never thrive in directly to the public.
the scientific marketplace of ideas. The tactic is
seen clearly in ExxonMobil’s backing of a website
called Tech Central Station, which portrays itself funded organizations, including Sallie Baliunas,
as a media outlet but is, in fact, part of a corpo- Robert Balling, David Legates, Patrick Michaels,
rate PR machine that helps corporations like Willie Soon, George Taylor, and others.66
ExxonMobil to get their message out. It is also no surprise that the DCI Group’s own
Tech Central Station (which received $95,000 literature boasts that it specializes in what it calls
in funding from ExxonMobil in 2003) is a web- “corporate grassroots campaigns” and “third party
based hybrid of quasi-journalism and lobbying support” for corporate clients, both code words
that helps ExxonMobil complete the circle of its for the establishment and use of front organiza-
disinformation campaign.62 The website is nomi- tions to disseminate a company’s message.67 The
nally “hosted” by James K. Glassman, a former group’s managing partners, Tom Synhorst, Doug
journalist.63 But despite Glassman’s public face, Goodyear, and Tim Hyde, each honed their skills
Tech Central Station was published (until it was in this area over the course of nearly a decade
sold in September 2006) by a public relations working for the tobacco firm R.J. Reynolds.68
firm called the DCI Group, which is a registered Synhorst was a “field coordinator” for R.J. Reyn-
ExxonMobil lobbying firm.64 olds, heading up work for the company on issues
A Tech Central Station disclaimer states that such as state, local, and workplace smoking bans.69
the online journal is proud of its corporate spon- Goodyear worked for a PR firm called Walt Klein
sors (including ExxonMobil) but that “the opin- and Associates that helped set up a fake grassroots
ions expressed on these pages are solely those of operations on behalf of R.J. Reynolds.70 And Hyde
the writers and not necessarily of any corporation served as senior director of public issues at R.J.
or other organization.”65 In practice, the opposite Reynolds from 1988 to 1997, overseeing all of
is true. Although Tech Central Station’s content is the company’s PR campaigns.71
dressed up as independent news articles, the DCI Confounding the matter further is Exxon-
Group established the outfit to allow corporate Mobil’s funding of established research institutions
clients and their surrogates to communicate that seek to better understand science, policies,
directly to the public. Predictably, Tech Central and technologies to address global warming. For
Station contributors on the global warming issue example, ExxonMobil’s corporate citizen report
are the familiar spokespeople from ExxonMobil- for 2005 states:
Our climate research is designed to improve ExxonMobil) sought to support groups that
scientific understanding, assess policy options, worked with the handful of scientists, such as
and achieve technological breakthroughs Frederick Singer (a physicist), John Christy (an
that reduce GHG [green house gas or global atmospheric scientist), and Patrick Michaels,
warming] emissions in both industrial and who had persistently voiced doubt about human-
developing countries. Major projects have caused global warming and its consequences,
been supported at institutions including despite mounting evidence.75
the Australian Bureau of Agricultural and However, to pull off the disinformation
Resource Economics, Battelle Pacific Northwest campaign outlined in the 1998 GCST task force
Laboratory, Carnegie Mellon, Charles River memo, ExxonMobil and its public relations part-
Associates, the Hadley Centre for Climate ners recognized they would need to cultivate new
Prediction, International Energy Agency scientific spokespeople to create a sense among
Greenhouse Gas R&D Programme, Lamont the public that there was still serious debate among
Doherty Earth Observatory at Columbia Uni- scientists. Toward that end, the memo suggested
versity, Massachusetts Institute of Technology, that the team “identify, recruit and train a team of
Princeton, Stanford, The University of Texas, five independent scientists to participate in media
and Yale.72 outreach. These will be individuals who do not
In its most significant effort of this kind, have a long history of visibility and/or participa-
ExxonMobil has pledged $100 million over ten tion in the climate change debate. Rather, this
years to help underwrite Stanford University’s team will consist of new faces who will add their
Global Climate and Energy Project.73 According voices to those recognized scientists who already
to the program’s literature, the effort seeks to are vocal.”76
develop new energy technologies that will permit By the late 1990s, the scientific evidence on
the development of global energy systems with global warming was so strong that it became dif-
significantly lower global warming emissions.”74 ficult to find scientists who disputed the reality of
The funding of academic research activity has human-caused climate change. But ExxonMobil
provided the corporation legitimacy, while it and its public relations partners persevered. The
actively funds ideological and advocacy organiza- case of scientists Willie Soon and Sallie Baliunas
tions to conduct a disinformation campaign. is illustrative.
Soon and Baliunas are astrophysicists affiliated
PROMOTING SCIENTIFIC SPOKESPEOPLE with the Harvard-Smithsonian Center for Astro-
Inextricably intertwined with ExxonMobil’s physics who study solar variation (i.e., changes in
information laundering strategy of underwriting the amount of energy emitted by the Sun). Solar
multiple organizations with overlapping staff is variation is one of the many factors influencing
the corporation’s promotion of a small handful Earth’s climate, although according to the IPCC
of scientific spokespeople. Scientists are trusted it is one of the minor influences over the last cen-
messengers among the American public. Scientists tury.77 In the mid-1990s, ExxonMobil-funded
can and do play an important and legitimate role groups had already begun to spotlight the work
in educating the public and policymakers about of Soon and Baliunas to raise doubts about the
issues that have a scientific component, including human causes of global warming. To accomplish
global warming. Early on, Exxon (and later this, Baliunas was initially commissioned to write
several articles for the Marshall Institute positing Inextricably intertwined with
that solar activity might be responsible for global
ExxonMobil’s information laundering
warming.78 With the Baliunas articles, the Mar-
shall Institute skillfully amplified an issue of minor strategy of underwriting multiple
scientific importance and implied that it was a
organizations with overlapping staff
major driver of recent warming trends.
In 2003, Baliunas and Soon were catapulted is the corporation’s promotion of
into a higher profile debate when they published a a small handful of scientific
controversial review article about global warming
in the peer-reviewed scientific literature. Writing spokespeople.
in the journal Climate Research, the two contrar-
ians reviewed the work of a number of previous high level of confidence that global mean sur-
scientists and alleged that the twentieth century face temperature was higher during the last few
was not the warmest century of the past 1,000 decades of the 20th century than during any
years and that the climate had not changed sig- comparable period during the preceding four
nificantly over that period.79 The Soon-Baliunas centuries…Presently available proxy evidence
paper was trumpeted widely by organizations and indicates that temperatures at many, but not
individuals funded by ExxonMobil.80 It was also all, individual locations were higher in the past
seized upon by like-minded politicians, most 25 years than during any period of comparable
notably James Inhofe (R-OK), chair (until Janu- length since A.D. 900.”84 The brouhaha in the
ary 2007) of the Senate Environment and Public scientific community had little public impact.
Works Committee, who has repeatedly asserted The echo chamber had already been set in
that global warming is a hoax. Inhofe cited the motion reverberating among the mainstream
Soon-Baliunas review as proof that natural vari- media,85 while the correction became merely
ability, not human activity, was the “overwhelm- a footnote buried in the science sections of
ing factor” influencing climate change.81 a few media outlets.
Less widely publicized was the fact that three This controversy did not stop Soon and
of the editors of Climate Research—including in- Baliunas from becoming central “new voices” in
coming editor-in-chief Hans von Storch—resigned ExxonMobil’s effort to manufacture uncertainty
in protest over the Soon-Baliunas paper. Storch about global warming. Both scientists quickly
stated that he suspected that “some of the skeptics established relationships with a network of or-
had identified Climate Research as a journal where ganizations underwritten by the corporation.
some editors were not as rigorous in the review Over the past several years, for example, Baliunas
process as is otherwise common” and described has been formally affiliated with no fewer than
the manuscript as “flawed.”82 In addition, thirteen nine organizations receiving funding from Exxon-
of the scientists cited in the paper published a Mobil.86 Among her other affiliations, she is now
rebuttal explaining that Soon and Baliunas had a board member and senior scientist at the Marshall
seriously misinterpreted their research.83 Institute, a scientific advisor to the Annapolis
The National Research Council recently exam- Center for Science-Based Public Policy, an advi-
ined the large body of published research on this sory board member of the Committee for a Con-
topic and concluded that, “It can be said with a structive Tomorrow, and a contributing scientist
to the online forum Tech Central Station, all of zations funded by ExxonMobil. Consider, for
which are underwritten by ExxonMobil.87 (For instance, one of Seitz’s most controversial efforts.
more, see Appendix B, Table 2.) In 1998, he wrote and circulated a letter ask-
Another notable case is that of Frederick Seitz, ing scientists to sign a petition from a virtually
who has ties to both Big Tobacco and Exxon- unheard-of group called the Oregon Institute
Mobil. Seitz is the emeritus chair of the Marshall of Science and Medicine calling upon the U.S.
Institute. He is also a prominent solid state physi- government to reject the Kyoto Protocol.94 Seitz
cist who was president of the National Academy signed the letter identifying himself as a former
of Sciences (NAS) from 1962 to 1969.88 NAS president. He also enclosed with his letter a
In an example of the tobacco industry’s efforts report co-authored by a team including Soon and
to buy legitimacy, the cigarette company R.J. Baliunas asserting that carbon dioxide emissions
Reynolds hired Seitz in 1979.89 His role was to pose no warming threat.95 The report was not peer
oversee a tobacco industry–sponsored medical reviewed. But it was formatted to look like an article
research program in the 1970s and 1980s.90 “They from The Proceedings of the National Academy of
didn’t want us looking at the health effects of Sciences (PNAS), a leading scientific journal.
cigarette smoking,” Seitz, who is now 95, admit- The petition’s organizers publicly claimed that
ted recently in an article in Vanity Fair, but he the effort had attracted the signatures of some
said he felt no compunction about dispensing 17,000 scientists. But it was soon discovered that
the tobacco company’s money.91 the list contained few credentialed climate scien-
While working for R.J. Reynolds, Seitz over- tists. For example, the list was riddled with the
saw the funding of tens of millions of dollars names of numerous fictional characters.96 Like-
worth of research.92 Most of this research was wise, after investigating a random sample of the
legitimate. For instance, his team looked at the small number of signers who claimed to have a
way stress, genetics, and lifestyle issues can con- Ph.D. in a climate-related field, Scientific American
tribute to disease.93 But the program Seitz over- estimated that approximately one percent of the
saw served an important dual purpose for R.J. petition signatories might actually have a Ph.D.
Reynolds. It allowed the company to tout the in a field related to climate science.97 In a highly
fact that it was funding health research (even unusual response, NAS issued a statement dis-
if it specifically proscribed research on the health avowing Seitz’s petition and disassociating the
effects of smoking) and it helped generate a academy from the PNAS-formatted paper.98
steady collection of ideas and hypotheses that None of these facts, however, have stopped organi-
provided “red herrings” the company could use zations, including those funded by ExxonMobil,
to disingenuously suggest that factors other than from touting the petition as evidence of wide-
tobacco might be causing smokers’ cancers and spread disagreement over the issue of global
heart disease. warming. For instance, in the spring of 2006,
Aside from giving the tobacco companies’ the discredited petition surfaced again when it
disinformation campaign an aura of scientific was cited in a letter to California legislators by
credibility, Seitz is also notable because he has a group calling itself “Doctors for Disaster Pre-
returned from retirement to play a prominent role paredness,” a project of the Oregon Institute
as a global warming contrarian involved in organi- of Science and Medicine.
SHIFTING THE FOCUS OF THE DEBATE The rallying call for “sound
One prominent component of ExxonMobil’s
science” by ExxonMobil-funded
disinformation campaign on global warming is
the almost unanimous call for “sound science” by organizations is a clever and
the organizations it funds.99 Like the Bush admin-
manipulative cover.
istration’s “Healthy Forests” program, which masks
a plan to augment logging, the rallying call for
“sound science” by ExxonMobil-funded organiza-
tions is a clever and manipulative cover. It shifts justify nations taking prompt action. It is vital
the focus of the debate away from ExxonMobil’s that all nations identify cost-effective steps that
irresponsible behavior regarding global warming they can take now to contribute to substantial and
toward a positive concept of “sound science.” By long-term reduction in net global greenhouse gas
keeping the discussion focused on refining scien- emissions.”101
tific understanding, ExxonMobil helps delay action There is no denying that the tactic of demand-
to reduce heat-trapping emissions from its coming “certainty” in every aspect of our scientific
pany and products indefinitely. For example, like understanding of global warming is a rhetorically
the company itself, ExxonMobil-funded organi- effective one. If manufactured uncertainty and
zations routinely contend, despite all the solid governmental inaction is the goal, science will
evidence to the contrary, that scientists don’t arguably never be “sound enough,” or 100 percent
know enough about global warming to justify certain, to justify action to protect public health
substantial reductions in heat-trapping emissions. or the environment.
As ExxonMobil explains prominently on the Again, the tobacco industry paved the way.
company’s website: The calculated call for “sound science” was suc-
cessfully used by tobacco firms as an integral part
While assessments such as those of the of a tobacco company’s pioneering “information
IPCC [Intergovernmental Panel on Climate laundering” scheme. As we now know from inter-
Change] have expressed growing confidence nal tobacco industry documents, a campaign to
that recent warming can be attributed to demand “sound science” was a key part of a strat-
increases in greenhouse gases, these conclusions egy by the cigarette manufacturer Philip Morris
rely on expert judgment rather than objective, to create uncertainty about the scientific evidence
reproducible statistical methods. Taken together, linking disease to “second-hand” tobacco smoke,
gaps in the scientific basis for theoretical known in the industry as “environmental tobacco
climate models and the interplay of significant smoke” or ETS.102 Toward this end, in 1993,
natural variability make it very difficult to Philip Morris covertly created a front organization
determine objectively the extent to which called “The Advancement of Sound Science
recent climate changes might be the result Coalition” or TASSC.103
of human actions.100 In setting up the organization, Philip Morris
In contrast, 11 of the world’s major national took every precaution. The company opted not
scientific academies issued a joint statement in to use its regular public relations firm, Burson-
2005 that declared, “The scientific understanding Marsteller, choosing instead APCO Associates, a
of climate change is now sufficiently clear to subsidiary of the international advertising and PR
firm of GCI/Grey Associates. For a sizable retain- against government efforts to set safety regulations
er, APCO agreed to handle every aspect of the on everything from asbestos to radon. “The cred-
front organization. ibility of EPA is defeatable,” one Philip Morris
As part of the plan, APCO focused on ex- strategy document explained, “but not on the
panding TASSC’s ersatz “membership” and raising basis of ETS alone. It must be part of a large
small amounts of additional outside money in mosaic that concentrates all of the EPA’s enemies
order to conceal Philip Morris’s role as its founder against it at one time.”107
and exclusive underwriter. A 1993 letter from The important point in reviewing this history
APCO on the eve of TASSC’s public unveiling is that it is not a coincidence that ExxonMobil
explains that, despite the appearance of an inde- and its surrogates have adopted the mantle of
pendent nonprofit group, APCO would “oversee “sound science.” In so doing, the company is
day-to-day administrative responsibility” for run- simply emulating a proven corporate strategy for
ning the organization and would draft “boilerplate successfully deflecting attention when one’s cause
speeches, press releases and op-eds to be utilized lacks credible scientific evidence. From the start in
by TASSC field representatives” to further Philip 1993, in TASSC’s search for other antiregulation
Morris’ goals.104 efforts to provide political cover, the organization
The public relations firm introduced TASSC actively welcomed global warming contrarians
to the public through a decentralized launch out- like Frederick Seitz, Fred Singer, and Patrick
side the large markets of Washington, DC, and Michaels to its scientific board of advisors. Thanks
New York in order to “avoid cynical reporters to the online archive of tobacco documents, we
from major media” who might discover the truth know that in 1994, when Philip Morris developed
that the organization was nothing more than a plans with APCO to launch a TASSC-like group
front group created by Philip Morris. Top Philip in Europe, “global warming” was listed first
Morris media managers compiled lists of reporters among suggested topics with which the tobacco
they deemed most sympathetic to TASSC’s mes- firm’s cynical “sound science” campaign could
sage.105 But they left all press relations to APCO profitably ally itself.108
so as to, in the words of one internal memo, Given these historical connections, it is
“remove any possible link to PM.”106 disturbing that ExxonMobil would continue
The TASSC campaign was a particularly obvi- to associate with some of the very same TASSC
ous example of information laundering. But it personnel who had overseen such a blatant and
also represented an important messaging strategy shameful disinformation campaign for Big Tobac-
by using the concept of “sound science” to attach co. The most glaring of ExxonMobil’s associations
Philip Morris’s disinformation about second-hand in this regard is with Steven Milloy, the former
smoke to a host of other antiregulation battles. executive director of TASSC. Milloy’s involve-
Philip Morris sought to foil any effort by the En- ment with ExxonMobil is more than casual. He
vironmental Protection Agency (EPA) to promul- served as a member of the small 1998 Global
gate regulations to protect the public from the Climate Science Team task force that mapped
dangers of ETS. But the company realized that out ExxonMobil’s disinformation strategy on
it could build more support for its discredited global warming.
position that ETS was safe by raising the broader Milloy officially closed TASSC’s offices in
“sound science” banner. As a result, it took stands 1998 as evidence of its role as a front organization
began to surface in the discovery process of litiga- Given these historical connections,
tion against Big Tobacco. Thanks in part to Exxon-
it is disturbing that ExxonMobil
Mobil, however, the “sound science” disinforma-
tion campaign continued unabated. Resuscitating would continue to associate with
TASSC under the slightly altered name The Ad-
some of the very same TASSC
vancement of Sound Science Center (rather than
Coalition), Milloy continues to operate out of personnel who had overseen such
his home in Maryland. Between 2000 and 2004,
a blatant and shameful disinforma-
ExxonMobil gave $50,000 to Milloy’s Advance-
ment of Sound Science Center, and another tion campaign for Big Tobacco.
$60,000 to an organization called the Free Enter-
prise Education Institute (a.k.a. Free Enterprise
Action Institute), which is also registered to
Milloy’s home address.109 According to its 2004 lated and familiar disinformation campaign to
tax return, this group was founded to “educate the mislead the public and forestall government
public about the American system of free enter- action on global warming.
prise,” employed no staff, and incurred approxi-
mately $48,000 in expenses categorized as “pro- BUYING GOVERNMENT ACCESS
fessional services.”110 Tobacco companies have historically been very
In addition to serving as a columnist on successful at cultivating close ties in government
FoxNews.com, Milloy is also a contributor to Tech and hiring former government officials to lobby
Central Station and an adjunct scholar at the on their behalf. This list includes, among others,
Competitive Enterprise Institute, both funded Craig Fuller, who served in the Reagan and Bush
by ExxonMobil. administrations, and former GOP chair Haley
The irony of the involvement of tobacco Barbour as well as former Senate majority leader
disinformation veterans like Milloy in the current George Mitchell, who was recruited in 1997 by
campaign against global warming science is not the tobacco industry firm Verner, Liipfert, Bern-
lost on close watchers. Representative Henry hard, McPherson, and Hand to help negotiate
Waxman (D-CA), for instance, chaired the 1994 a settlement.112
hearings where tobacco executives unanimously When it comes to exerting influence over
declared under oath that cigarettes were not addic- government policy, however, ExxonMobil, in its
tive. As Waxman marveled recently about the global warming disinformation campaign, may
vocal contrarians like Milloy on global warming have even surpassed the tobacco industry it so
science: “Not only are we seeing the same tactics clearly emulates. During the 2000 to 2006 elec-
the tobacco industry used, we’re seeing some of tion cycles, ExxonMobil’s PAC and individuals
the same groups.”111 Of course, unlike the tobacco affiliated with the company gave more than $4
companies, ExxonMobil has yet to receive a court million to federal candidates and parties.113
order to force to light internal documents pertain- Shortly after President Bush’s inauguration,
ing to its climate change activities. Nonetheless, ExxonMobil, like other large corporate backers in
even absent this information, the case could the energy sector, participated in Vice President
hardly be clearer: ExxonMobil is waging a calcu- Dick Cheney’s “Energy Task Force” to set the
administration’s goals for a national energy plan.114 post. In April 2002, lacking U.S. support, Dr.
ExxonMobil successfully urged the Bush adminis- Watson lost his position as chair.120 The Bush
tration to renege on the commitments to the Kyoto administration’s move outraged many in the
Protocol made by previous administrations.115 scientific community who saw it as a blatantly
Paula Dobrianksy, who currently serves as under- political attempt to undermine an international
secretary for global affairs in the State Department scientific effort.121 At the time, however, Exxon-
and who has headed U.S. delegations negotiating Mobil’s behind-the-scenes role in the incident
follow-ons to the Kyoto Protocol in Buenos Aires remained secret.
and Montreal, explicitly said as much in 2001. Meanwhile, in an equally consequential
Just months after she had been confirmed by the recommendation, the 2001 ExxonMobil memo
U.S. Senate, Dobriansky met with ExxonMobil suggested that President Bush’s climate team hire
lobbyist Randy Randol and other members of the Harlan Watson (no relation), a staff member on
Global Climate Coalition. Her prepared talking the House Science Committee who had served as
points, uncovered through a Freedom of Informa- a climate negotiator at the 1992 Rio Earth Sum-
tion Act request, reveal that Dobriansky thanked mit for the administration of George Bush Senior
the group for their input on global warming policy. and had worked closely with members of Con-
One of her notes reads: “POTUS [the President gress who opposed action on global warming.122
of the United States] rejected Kyoto, in part, Shortly thereafter, the Bush administration an-
based on input from you.”116 nounced Harlan Watson’s appointment as its chief
A Freedom of Information Act request also climate negotiator. He has steadfastly opposed
revealed that in February 2001, immediately any U.S. engagement in the Kyoto process.123
following the release of the authoritative 2001 As successful as ExxonMobil’s efforts to lobby
report on global warming from the Intergovern- the Bush administration have been, perhaps even
mental Panel on Climate Change (IPCC),117 more striking is the way the company’s disinfor-
ExxonMobil successfully lobbied the Bush admin- mation campaign on global warming science has
istration to try to oust the chair of the IPCC. In managed to permeate the highest echelons of the
a memo sent to the White House, Randol com- federal government. Between 2001 and 2005,
plained that Robert Watson, who had chaired the the nerve center for much of this censorship and
IPCC since 1996, had been “hand-picked by Al control resided in the office of Philip Cooney,
Gore.”118 Watson is an internationally respected who served during this time as chief of staff in the
scientist who has served as the director of the White House Council on Environmental Quality.
science division at NASA and as chief scientist Thanks to a whistle-blowing researcher named
at the World Bank. His work at the IPCC had Rick Piltz in the U.S. government’s interagency
met with widespread international approval and Climate Change Science Program who resigned
acclaim. Nonetheless, the ExxonMobil memo in protest over the practice, we now know that
urged: “Can Watson be replaced now at the Cooney spent a significant amount of time cen-
request of the U.S.?”119 At its next opportunity, soring and distorting government reports so as
the Bush administration’s State Department to exaggerate scientific uncertainty about
refused to re-nominate Dr. Watson for a second global warming.124
five-year term as head of the IPCC, instead Cooney, a lawyer with an undergraduate
backing an Indian engineer-economist for the degree in economics, had no scientific credentials
that might qualify him to rewrite the findings of As successful as ExxonMobil’s

top government scientists. Rather, before com-
efforts to lobby the Bush administra-
ing to the Bush administration in 2001, Cooney
had spent roughly a decade as a lawyer for the tion have been, perhaps even more
American Petroleum Institute, the oil industry
striking is the way the company’s
lobby that worked with ExxonMobil in 1998
to develop a global warming disinformation disinformation campaign on global
campaign. In that capacity, Cooney served as
warming science has managed to
a “climate team leader” seeking to prevent the
U.S. government from entering into any kind of permeate the highest echelons of
international agreement or enacting any domes-
the federal government.
tic legislation that might lead to mandatory limits
on global warming emissions.125 After joining the
White House staff in 2001, Cooney furthered
much the same work agenda from the top ranks On June 10, 2005, Cooney resigned, two
of the Bush administration. days after the New York Times first reported Piltz’s
During his tenure, Cooney altered and revelations. Despite the suspicious timing, the
compromised the accuracy of numerous official White House claimed that Cooney’s resignation
scientific reports on climate change issued by was unrelated to Piltz’s disclosures.129 But it was
agencies of the federal government.126 For in- not surprising when Cooney announced, one
stance, in 2002, as U.S. government scientists week after he left the White House, that he was
struggled to finalize the Climate Change Science accepting a high-ranking public relations posi-
Program’s strategic plan, Cooney dramatically tion at ExxonMobil.130
altered the document, editing it heavily and One of the most damning incidents involving
repeatedly inserting qualifying words to create Cooney also illustrates the extent of ExxonMobil’s
an unwarranted aura of scientific uncertainty influence over the Bush administration policy on
about global warming and its implications.127 global warming. In May 2002, the administration
(See Appendix C for sample edit.) issued the “U.S. Climate Action Report,” which
As Rick Piltz explained in his resignation letter the U.S. State Department was obligated by treaty
when he exposed Cooney’s efforts, the government to file with the United Nations. Major elements
agencies had adapted to the environment created of the report were based on an in-depth, peer-
within the Bush administration by “engaging in a reviewed government research report analyzing
kind of anticipatory self-censorship on this and the potential effects of global warming in the
various other matters seen as politically sensitive United States. That report, titled “U.S. National
under this administration.” Even beyond the Assessment of the Potential Consequences of
outright suppression and distortion by Cooney Climate Variability and Change,” 131 predates the
and others, according to Piltz, this self-censorship Bush administration and had already been at-
on the part of career professionals marked one of tacked by ExxonMobil.132 The report generated
the most insidious and “deleterious influences of widespread headlines such as one in the New York
the administration” on climate research efforts Times proclaiming: “Climate Changing, US Says
within the government.128 in Report.”133
Not surprisingly, ExxonMobil vociferously However, the Bush administration Justice Depart-
objected to the conclusion of the multiagency ment, then led by John Ashcroft, refused to launch
“Climate Action Report” that climate change such an investigation, despite the fact that the
posed a significant risk and was caused by human- Maine and Connecticut attorneys general stated
made emissions.134 Concerned about the matter, forcefully that the evidence suggested that Cooney
Cooney contacted Myron Ebell at the Exxon- had conspired with Ebell to cause the Competi-
Mobil-funded Competitive Enterprise Institute. tive Enterprise Institute to sue the federal govern-
“Thanks for calling and asking for our help,” Ebell ment. As Maine Attorney General Steven Rowe
responded in a June 3, 2002, email to Cooney noted: “The idea that the Bush administration
that surfaced as a result of a Freedom of Informa- may have invited a lawsuit from a special interest
tion Act request.135 Ebell urged that the President group in order to undermine the federal govern-
distance himself from the report. Within days, ment’s own work under an international treaty
President Bush did exactly that, denigrating the is very troubling.”142
report in question as having been “put out by A key piece of evidence, unnoticed at the
the bureaucracy.”136 time, strongly suggests just how the scheme fit
In the June 3 email, Ebell explicitly suggests together. In 2002, in a move virtually unprece-
the ouster of then-EPA head Christine Todd dented in its corporate giving program, Exxon-
Whitman. “It seems to me that the folks at the Mobil offered an additional $60,000 in support
EPA are the obvious fall guys and we would only for the Competitive Enterprise Institute —
hope that the fall guy (or gal) should be as high specifically earmarked to cover the organization’s
up as possible,” Ebell wrote. “Perhaps tomorrow unspecified “legal activities.”143
we will call for Whitman to be fired.”137 Sure In addition to a high level of administration
enough, Whitman would last for less than a year access, ExxonMobil has cultivated close relation-
in her post, resigning in May 2003.138 Finally, ships with members of Congress. In July 2005,
Ebell pledged he would do what he could to ExxonMobil’s generous campaign contributions
respond to the White House’s request to “clean paid off when Congress passed the Energy Policy
up this mess.”139 Act of 2005. This bill, modeled on the President’s
A major piece of Ebell’s “clean-up” effort 2001 energy plan, provides more than $7.4 bil-
presumably came on August 6, 2003, when the lion in tax breaks and subsidies to the oil and gas
Competitive Enterprise Institute filed the second industry over 10 years and excludes any provi-
of two lawsuits calling for the Bush administra- sions that would mandate reductions in U.S.
tion to invalidate the National Assessment (a global warming emissions.144
peer-reviewed synthesis report upon which the Joe Barton (R-TX), chair of the House Energy
U.S. Climate Action Report was based). The CEI and Commerce Committee from 2004 through
lawsuit called for it to be withdrawn because it 2006 and the lead author of the 2005 energy bill,
was not based upon “sound science.”140 has received more than $1 million from the oil
Given the close, conspiratorial communication and gas industry over the course of his career,
between Ebell and Cooney that had come to light, including $22,000 in PAC contributions from
the lawsuit prompted the attorneys general of ExxonMobil between 2000 and 2006.145 In addi-
Maine and Connecticut to call upon the U.S. tion to shepherding through the massive oil and
Justice Department to investigate the matter.141 gas subsidies in that bill, Representative Barton
has played a key role in elevating misleading in- “The idea that the Bush adminis-
formation and delaying congressional action on
tration may have invited a lawsuit
global warming. Before he became chair of the
full committee in 2004, Barton chaired the Energy from a special interest group
and Air Quality Subcommittee. In that capacity,
(ExxonMobil-funded CEI) in order to
he stated at a March 2001 hearing that as long as
he was the subcommittee chair, regulation of undermine the federal government’s
global warming emissions would be “off the table
own work under an international
indefinitely.” As Barton put it: “I don’t want there
to be any uncertainty about that.”146 In his capac- treaty is very troubling.”
ity as chair of the full committee, Barton has held
— S teven Rowe ,
true to his word, holding only two climate-related Attorne y G eneral , M ain e
hearings, both aimed at attacking reputable
climate scientists.147
In February 2005, the American Petroleum
Institute—of which ExxonMobil is a powerful than basing his inquiry on a careful review of
member148—contacted members of Congress to peer-reviewed scientific literature or documents
raise questions about aspects of two climate studies from leading scientific bodies like the National
from 1998 and 1999.149 In June 2005, Represen- Academy of Sciences, Barton cited a Wall Street
tative Barton followed the oil industry’s lead, Journal editorial as his primary source of global
sending letters to three climate scientists—Drs. warming information.
Michael Mann, Raymond Bradley, and Malcolm The scientific community has weighed in
Hughes—as well as the Intergovernmental Panel strongly. The National Academy of Sciences and
on Climate Change and the National Science the American Association for the Advancement
Foundation, questioning many aspects of these of Science—which rarely take stands on Congres-
studies. The letter to the scientists requested a sional investigations—sent letters of concern to
vast amount of data and information related to Barton, as did twenty leading climate scientists.
their research over the past 15 years. While Rep. Representative Sherwood Boehlert (R-NY), chair
Barton’s request specifically targeted the results of of the House Science Committee, and Represen-
the so-called “hockey stick” studies (a 2,000-year tative Waxman (D-CA), then ranking member on
record of Northern Hemisphere temperature), the House Government Reform Committee, both
it also demanded a significant amount of data submitted letters protesting the tone and content
irrelevant to that set of peer-reviewed studies. of this investigation.
While a spokesman for the representative Despite this response, Representative Barton
claims he was only “seeking scientific truth,”150 held two hearings in July 2006, both aimed at
Barton seems to willfully misunderstand that the attacking the Mann study. Not surprisingly, the
findings of the study in question are only one witnesses invited to testify at the second hearing
among a large body of evidence that support the included John Christy, who, as detailed earlier, is
scientific consensus that global warming is under one of the scientists affiliated with ExxonMobil
way and that human activity is contributing sig- funded organizations—the Competitive Enter-
nificantly over the past several decades. Rather prise Institute and the George C. Marshall Insti-
tute—and Stephen McIntyre, a mining execu- $847,123 from ExxonMobil and others in the oil
tive also affiliated with the Marshall Institute. and gas industry over the course of his career.151
Meanwhile, the most vocal opponent to cli- Like Big Tobacco before it, ExxonMobil has been
mate action in the Senate is James Inhofe (R-OK), enormously successful at influencing the current
chair—until January 2007—of the Environment administration and key members of Congress.
and Public Works Committee. He adamantly From successfully recommending the appoint-
denies the reality of global warming and has pre- ment of key personnel in the Bush administra-
vented consideration of climate bills by his com- tion, to coordinating its disinformation tactics
mittee during his tenure as chair from 2003 to on global warming with high-ranking Bush admin-
2006. In September 2005, he went so far as to istration personnel, to funding climate change
invite Michael Crichton, a science fiction writer, contrarians in Congress, ExxonMobil and its
to testify at a hearing on climate science and proxies have exerted extraordinary influence over
policy. Despite Crichton’s lack of expertise, he the policies of the U.S. government during the
attempted to undermine peer-reviewed climate Bush administration. The cozy relationship Exxon-
science in his testimony. Inhofe was also a Mobil enjoys with government officials has enabled
coplaintiff in the first Competitive Enterprise the corporation to work effectively behind the
Institute lawsuit, filed in 2000, which attempted scenes to block federal policies and shape govern-
to bar the distribution or use of the National ment communications on global warming.
Assessment. Senator Inhofe has received a total of
Putting the Brakes on ExxonMobil’s

Disinformation Campaign
For more than two decades, ExxonMobil scientists have carefully studied and
worked to increase understanding of the issue of global climate change.
— E xxon M obil website , 2 0 0 6 152
In September 2006, the Royal Society, Britain’s Rex Tillerson to the position of CEO. While
premier scientific academy, sent a letter to Exxon- Tillerson has been less confrontational than his
Mobil urging the company to stop funding the predecessor on the global warming issue, he has
dozens of groups spreading disinformation on yet to make real commitments on global warm-
global warming and also strongly criticized the ing. He has an opportunity to implement key
company’s “inaccurate and misleading” public changes in ExxonMobil’s climate change activities
statements on global warming.153 ExxonMobil and should be encouraged to do so through a
responded by defending the statement in its 2005 wide variety of approaches: congressional action,
Corporate Citizenship Report that scientific un- shareholder engagement, media accountability,
certainties make it “very difficult to determine ob- and consumer action.
jectively the extent to which recent climate changes
might be the result of human actions.”154 How- Congressional Action
ever, ExxonMobil also stated that it has stopped Elected officials can and should assert their
funding the Competitive Enterprise Institute, al- independence from ExxonMobil in several ways.
though it is unclear whether its support is discon-
tinued permanently. Either way, as of this pub- Oversight
lication date, this commitment leaves intact the Lawmakers should conduct oversight of Exxon-
rest of ExxonMobil’s carefully constructed echo Mobil’s disinformation campaign as well as its
chamber of climate disinformation. effort to delay action on global warming. Con-
The unprecedented letter from the British Royal gressional investigations played a key role in re-
Society demonstrates the level of frustration among vealing the extent of Big Tobacco’s work to hide
scientists about ExxonMobil’s efforts to manufac- the public health impacts of smoking. By requir-
ture uncertainty about global warming. Exxon- ing ExxonMobil executives to testify before Congress
Mobil’s dismissive response shows that more pres- and by obtaining internal documents through
sure is needed to achieve a real change in the subpoena, congressional investigators could
company’s activities. expose additional information about Exxon-
The time is ripe to call for a dramatic shift Mobil’s strategic disinformation campaign
in ExxonMobil’s stance on global warming. After on global warming.
nearly 13 years, Lee Raymond, an outspoken
enemy of environmental regulation, stepped down Campaign Contributions
at the end of 2005 and the company promoted Lawmakers and candidates should reject campaign
contributions from ExxonMobil and its executives as they most certainly will be over the next several
until the disinformation campaign ceases and the years. Investors can help shift ExxonMobil’s posi-
corporation ends its opposition to mandatory regu- tion on global warming and clean energy solu-
lation of global warming emissions from fossil fuels. tions. ExxonMobil shareholders can join major
institutional investors in calling on the company
Policy Action to begin to invest in clean energy options that
The true signal that ExxonMobil’s disinformation would protect the long-term health of the
campaign has been defeated will come when Cong- corporation and the planet.156
ress passes policies that ensure global warming In 2006, shareholders offered a resolution
emission reductions. Congress should bring stake- calling on the ExxonMobil board to establish
holders—including ExxonMobil—to the table, as policies designed to achieve the long-term goal of
lawmakers develop and enact a set of policies to making ExxonMobil the recognized leader in low-
achieve mandatory global warming emission re- carbon emissions in both the company’s produc-
ductions such as improved energy efficiency stan- tion and products. In May 2006, 17 leading U.S.
dards for appliances and vehicles, renewable pension funds and other institutional investors
electricity standards, and economywide caps on holding $6.75 billion in ExxonMobil shares asked
global warming emissions. In addition, Congress for a face-to-face-meeting with members of the
should shift government energy support and in- ExxonMobil board of directors. This request
centives away from conventional coal, oil, and gas stemmed from growing concerns in the financial
and toward clean, renewable energy sources. Law- world that ExxonMobil is “a company that fails
makers should also encourage the integration of to acknowledge the potential for climate change
low carbon fuels into the supply chain by devel- to have a profound impact on global energy mar-
oping policies to ensure that more gas stations sell kets, and which lags far behind its competitors
biofuels such as E85 and that flexible fuel vehicles in developing a strategy to plan for and manage
comprise a greater percentage of the vehicle fleet. these impacts,” as articulated in a letter to Exxon-
These actions will not only reduce global warm- Mobil from investors in May of 2006.157 Con-
ing emissions, but will help address national secu- necticut State Treasurer Denise Nappier elaborat-
rity concerns about our growing oil dependence, ed on the group’s concerns, stating that “in effect,
reduce demand pressures that are driving up ExxonMobil is making a massive bet—with
natural gas prices, save energy consumers billions shareholders’ money—that the world’s addiction
of dollars, and create hundreds of thousands of to oil will not abate for decades, even as its com-
new jobs producing clean energy and vehicle petitors are taking significant steps to prepare for
technologies. 155 a rapidly changing energy environment. As inves-
Through these and other efforts, our elected tors, we are concerned that ExxonMobil is not
representatives can bring ExxonMobil’s campaign sufficiently preparing for ‘tomorrow’s energy’ and
of disinformation on global warming to an end. runs the risk of lagging significantly behind its
rivals.”158
SHAREHOLDER ENGAGEMENT ExxonMobil’s competition is indeed moving
Investors will pay a steep price if ExxonMobil forward in renewable energy research and deploy-
refuses to prepare to do business in a world where ment. In 2005, BP launched BP Alternative
global warming emission reductions are required, Energy, a project that plans to invest $8 billion
over the next ten years to advance clean energy Investors will pay a steep price
technologies such as solar, wind, and bioenergy.159
if ExxonMobil refuses to prepare to
Similarly, Shell has invested $1 billion in alterna-
tive energy development since 2000. It is a major do business in a world where global
biofuels distributor, a developer of the next gen-
warming emission reductions are
eration of solar technology, and it has 350 MW of
operational wind capacity.160 While these compa- required.
nies could do more to address global warming,
their actions represent an important step. Inves- but have not yet committed to support future
tors can encourage ExxonMobil to convert funds climate resolutions. More pressure from investors
currently used for the disinformation campaign to is needed to influence these and other mutual
add to the recent research and development in- fund companies.
vestments ExxonMobil contributes to institutions
devoted to legitimate climate science and solu- MEDIA ACCOUNTABILITY
tions research. Too often, journalists’ inclination to provide poli-
Shareholders should also support resolutions tical “balance” leads to inaccurate media reporting
calling on ExxonMobil to disclose the physical, on scientific issues. Far from making news stories
financial, and competitive risks that global warm- more balanced, quoting ExxonMobil-funded
ing poses to the corporation. For example, the groups and spokespeople misleads the public by
2005 hurricane season suggests that the country’s downplaying the strength of the scientific consen-
oil refining infrastructure is vulnerable to an in- sus on global warming and the urgency of the prob-
crease in the severity of extreme weather events lem. Citizens must respond whenever the media
that scientists project are likely to occur with con- provides a soapbox for these ExxonMobil-spon-
tinued warming. ExxonMobil’s total natural gas sored spokespeople, especially when the story
production decreased in 2005 partly as a result of fails to reveal their financial ties to ExxonMobil
the impacts of Hurricanes Katrina and Rita in the or those of their organizations.
Gulf of Mexico.161 Toward this end, citizens can send letters to the
Individuals who do not have a direct invest- editor highlighting the financial ties that quoted
ment in ExxonMobil may own pension funds “experts” have to ExxonMobil or ExxonMobil-
and mutual funds invested in ExxonMobil. These funded organizations. They can also encourage
investors can insist that their fund managers assess individual reporters and media outlets to report
the global warming risk of ExxonMobil investments science accurately. Well-established scientific
and support global warming shareholder resolu- information should be reported as such, and
tions targeting ExxonMobil. While institutional members of the press should distinguish clearly
investors increasingly support these resolutions, between those views of their sources that are sup-
mutual fund companies are lagging behind and ported in the peer-reviewed scientific literature
putting investors at risk. None of the top 100 versus those that have only been propped up in
U.S. mutual funds support climate change reso- the ExxonMobil-financed echo chamber.
lutions. For example, the three largest mutual
fund companies: American Funds, Fidelity, and CONSUMER ACTION
Vanguard all have major holdings in ExxonMobil, Finally, consumers can exercise their influence in
the marketplace by refusing to purchase Exxon- ing over curbing the problem with emission
Mobil’s gasoline and other products until the reduction. Neither the paper nor Goklany adver-
company ends its disinformation campaign. tised the organization’s ties to ExxonMobil, which
ExxposeExxon, a collaborative campaign led by would have remained undisclosed had not an
many of the nation’s largest environmental and audience member asked Golanky about the
public interest advocacy organizations, has already organization’s $315,000 in funding from Exxon-
gathered boycott pledges from more than 500,000 Mobil between 1998 and 2004. Requiring indi-
consumers who are calling on the company to viduals like Goklany to disclose this information
change course on global warming.162 In particular, will help the public more effectively evaluate
consumers should demand that ExxonMobil stop the independence of their statements.
funding groups that disseminate discredited In June 2005, U.S. State department docu-
information on global warming and require the ments revealed that the White House considered
organizations it funds to disclose their funding ExxonMobil “among the companies most actively
sources and to subject their published, science- and prominently opposed to binding approaches
based information to peer review. [like Kyoto] to cut greenhouse gas emissions.”164
It is time for ExxonMobil customers to hold Customers should press ExxonMobil to end its
the corporation accountable for its environmental opposition to federal policies that would ensure
rhetoric. For example, ExxonMobil’s 2005 Corpo- reductions in U.S. global warming emissions. More-
rate Citizen Report states, “We seek to drive inci- over, it should be urged to set a goal to reduce the
dents with environmental impact to zero, and to total emissions from its products and operations
operate in a manner that is not harmful to the and demonstrate steady progress toward that goal.
environment.”163 Even while making such pro- Consumers should also call on ExxonMobil to
nouncements, ExxonMobil has, as this report prepare to comply with imminent national and
demonstrates, been engaged in a disinformation international climate policies by transitioning to
campaign to confuse the public on global warm- cleaner renewable fuels and investing in other
ing. At the same time, heat-trapping emissions clean energy technologies. In particular, Exxon-
from its operations continue to grow. Mobil should develop a plan to increase produc-
It is critical that ExxonMobil impose strict tion of low-carbon cellulosic ethanol and make
standards on the groups that receive funding for it available at its fueling stations.
climate-related activities. Not only should it cease To make their actions visible to the company,
funding groups who disseminate discredited in- consumers should relay their demands directly to
formation on global warming, it should require Rex Tillerson at ExxonMobil’s corporate headquar-
funded organizations to acknowledge Exxon- ters (5959 Las Colinas Boulevard, Irving, Texas
Mobil support for their work. An incident at a 75039-2298; phone number 972-444-1000).
September 2005 National Press Club briefing To access web tools focused on holding Exxon-
indicates the importance of such disclosure. At Mobil accountable for its activities on global
the briefing, Indur Goklany, an analyst at the warming, visit www.ExxposeExxon.com. The site
ExxonMobil-funded National Center for Policy includes sample letters to Rex Tillerson and
Analysis, presented “Living with Global Warm- members of Congress.
ing,” a paper that favors adapting to global warm-
Appendix A
The Scientific Consensus on Global Warming
The scientific understanding of climate change is now sufficiently clear to justify

nations taking prompt action. It is vital that all nations identify cost-effective steps
that they can take now, to contribute to substantial and long-term reduction
in net global greenhouse gas emissions.
— J oint S tatement b y t h e S cience A cademies
of 11 N ations , J une 7, 2 0 0 5
E ver since Svante Arrhenius published “On

the influence of carbonic acid in the air upon
the temperature of the ground” in 1896, scientists
This unprecedented rate of recent warming is
caused primarily by human activity. That, in a
nutshell, is the overwhelming scientific consensus
have appreciated the fundamental principle regard- about global climate change, ever since the pub-
ing heat-trapping emissions and their influence lication of a landmark review in 2001 by an in-
on Earth’s temperature. The burning of fossil fuels ternational panel of leading climate experts under
in power plants and vehicles releases heat-trap- the auspices of the United Nations, called the
ping emissions, principally carbon dioxide, which Intergovernmental Panel on Climate Change
accumulates in the atmosphere. These emissions (IPCC).167 The 2001 IPCC assessment drew upon
function much like a blanket, trapping heat and more than 1,200 scientists and approximately 120
warming the planet. The concentration of carbon countries. It quickly became a standard reference
dioxide in the atmosphere has already increased and solidified the scientific consensus about global
nearly 40 percent since the dawn of the indus- warming internationally. Released just days after
trial era and average global temperature is around the inauguration of President George W. Bush,
1 degree Fahrenheit higher then a century ago. the IPCC report laid out the mounting and
If global warming emissions grow unabated, consistent scientific evidence of global warming.
climate scientists expect mean temperatures In May 2001, the White House officially asked
around the world will rise dramatically this cen- the U.S. National Academy of Sciences (NAS)
tury.165 Without concerted human intervention to conduct its own review of the IPCC assess-
to try to correct or at least stabilize this trend, ment.168 Within a month, in June 2001, the
researchers have identified a host of disruptive NAS confirmed the conclusions of the IPCC that
and possibly irreversible consequences, including global warming is occurring and that it is caused
coastal flooding caused by rising sea levels, an primarily by human activity.169 More recently, 11
increase in powerful tropical storms, extreme heat of the world’s major national scientific academies
waves in summer, and reduced productivity of including those from the leading industrialized
farms, forests, and fisheries worldwide.166 nations issued a joint statement that declared,
“The scientific understanding of climate change cancer…In fact, it is fair to say that global
is now sufficiently clear to justify nations taking warming may be the most carefully and fully
prompt action. It is vital that all nations identify studied scientific topic in human history.”171
cost-effective steps that they can take now to con- Similarly, Donald Kennedy, the editor of Science,
tribute to substantial and long-term reduction in has noted, “Consensus as strong as the one that
net global greenhouse gas emissions.”170 has developed around [global warming] is rare
One of the reasons scientists consider the in science.”172
evidence so compelling is that it draws on such To get a sense of just how powerful the scien-
a broad range of sources. In addition to climate tific consensus about global warming is, consider
specialists who use sophisticated computer models this: in a December 2004 article published in the
to study climatic trends, researchers from an array journal Science, Naomi Oreskes, a historian of
of disciplines, including atmospheric scientists, science at the University of California, San Diego,
paleoclimatologists, oceanographers, meteorolo- reviewed the peer-reviewed scientific literature for
gists, geologists, chemists, biologists, physicists, papers on global climate change published be-
and ecologists have all corroborated global warm- tween 1993 and 2003. Oreskes reviewed a ran-
ing by studying everything from animal migration dom sample of approximately 10 percent of the
to the melting of glaciers. Evidence of a dramatic literature; of the 928 studies, not one disagreed
global warming trend has been found in ice cores with the consensus view that humans are con-
pulled from the both polar regions, satellite imagery tributing to global warming.173
of the shrinking polar ice masses, tree rings, ocean Despite what ExxonMobil might try to tell
temperature monitoring, and so on. you, today, in 2006, there is widespread agree-
Ralph Cicerone, President of the National ment among credentialed climate scientists around
Academy of Sciences stated during a U.S. House the world that human-caused global warming is
of Representatives hearing for the Committee on well under way. Without a concerted effort to
Energy and Commerce on July 27, 2006: “I think curb heat-trapping emissions, it spells trouble
we understand the mechanisms of CO2 and for the health and well-being of our planet.
climate better than we do of what causes lung
Appendix B
Groups and Individuals Associated with
ExxonMobil’s Disinformation Campaign
Table 1 Select ExxonMobil-Funded Organizations Providing Disinformation on Global Warming174

Total ExxonMobil
Funding175
Organization (1998–2005) Illustrative Information
Africa Fighting Malaria $30,000 AFM received $30,000 donation in 2004 for “climate change outreach.” This grant represents
10% of their total expenses for that year. AFM’s website has an extensive collection of articles
and commentary that argue against urgent action on climate change.176
American Council for Capital $1,604,523 One-third of the total ExxonMobil grants to ACCF-CPR between 1998 and 2005 were
Formation, Center for Policy specifically designated for climate change activities. ExxonMobil funds represent approximately
Research 36% of their total expenses in 2005.177
American Council on Science $125,000 ExxonMobil donated $15,000 to ACSH in 2004 for “climate change issues.” A September 2006
and Health Better Business Bureau Wise Giving Alliance Charity Report concludes that the ACSH does not
meet all the standards for charity accountability.178
American Enterprise Institute $1,625,000 Lee R. Raymond, retired chair and CEO of ExxonMobil, is vice chairman of AEI’s Board of
Trustees.179
American Friends of the $50,000 American Friends of the IEA received a $50,000 ExxonMobil donation in 2004 for “climate
Institute of Economic Affairs change issues.” This grant represents 29% of their total expenses for that year. The 2004 IEA
study, Climate Alarmism Reconsidered, “demonstrates how the balance of evidence supports a
benign, enhanced greenhouse effect.”180
American Legislative Exchange $1,111,700 Of the total ExxonMobil grants to ALEC, $327,000 was specifically for climate change projects.
Council ALEC received $241,500 in 2005 from ExxonMobil.
Annapolis Center for Science- $763,500 In 2002, ExxonMobil funds represented approximately 20% of their total expenses. The
Based Public Policy Annapolis Center’s climate work includes production of materials exaggerating the uncertainty
about the human contribution to climate change. Climate contrarians Sallie Baliunas and
Richard Lindzen serve as scientific advisors.181
Arizona State University, Office $49,500 The Office of Climatology at ASU received an ExxonMobil donation in 2001. Robert C. Balling,
of Climatology Jr., directed the office during this time.182 ExxonMobil did not donate to any other offices of
climatology between 1998 and 2005.
Atlantic Legal Foundation $20,000 The Atlantic Legal Foundation filed an amicus brief on behalf of climate contrarians, Sallie
Baliunas, David Legates, and Patrick Michaels, in support of the EPA’s decision against the
regulation of carbon dioxide emissions as a pollutant.183 The ALF received several ExxonMobil
donations between 1998 and 2005.
Atlas Economic Research $680,000 Atlas Economic Research Foundation received $65,000 in 1998 for a “global climate conference
Foundation and other support.” In 2003, ExxonMobil funds represented approximately 6% of their total
expenses for that year.
Cato Institute $105,000 In 2002, ExxonMobil funds represented approximately 0.2% of the total expenses.
Center for the Defense of Free $230,000 From 2003 to 2005, ExxonMobil funds represent a significant percentage of the total expenses
Enterprise (2003: 61%, 2004: 143%, 2005: 95%). The largest grant ($130,000 in 2004) was specified by
ExxonMobil for “global climate change issues.”
Centre for the New Europe $170,000 ExxonMobil gave $120,000 between 2004 and 2005 to support the centre’s climate change
activities.
Center for the Study of Carbon $90,000 In 2003, ExxonMobil funds represented approximately 14% of total expenses.
Dioxide and Global Change
Citizens for a Sound Economy $380,250 CSE received $275,250 from ExxonMobil in 2001, an increase from $30,000 the year before.
Educational Foundation CSE merged with Empower America and became FreedomWorks in 2004.184 FreedomWorks
[became FreedomWorks] maintains that the science of climate change is “far from settled” and cites scientists such as
Sallie Baliunas.185

continued
Total ExxonMobil
Funding175
Committee for a Constructive $472,000 Approximately 23% of the total ExxonMobil funding for the CCT was directed by ExxonMobil
Tomorrow for climate change activities. The 2004 ExxonMobil grant represented approximately a quarter
of their total expenses for that year.
Competitive Enterprise $2,005,000 Of the organizations analyzed, CEI received 1.2 times more money from ExxonMobil since 1998
Institute than the second most-funded organization, AEI. In FY 2003, ExxonMobil grants represented
approximately 16% of CEI’s total expenses.
Congress of Racial Equality $235,000 In 2004, ExxonMobil donated $135,000 for climate change activities. This organization is not
(CORE) required to file an annual return with the IRS because its income is reportedly less than $25,000
annually.186
Consumer Alert, Inc. $70,000 In 2004, the ExxonMobil grants for climate change “opinion leader and public education efforts”
and climate change “outreach to opinion leaders” represented approximately 14% of their total
expenses for that year.
Federalist Society for Law & $90,000 S. Fred Singer is a featured expert for the Federalist Society, which received funding from
Public Policy Studies ExxonMobil every year from 2000 to 2005.
Foundation for Research $210,000 FREE’s federal judicial seminars in Montana, which were reported in a May 2006 Washington
on Economics and the Post article as funded by ExxonMobil and other corporations, have been criticized for facilitating
Environment special interest lobbying.187 In 2004, ExxonMobil donated $20,000 for a “climate seminar.”
Fraser Institute $120,000 All of the funds ExxonMobil donated to the Fraser Institute between 1998 and 2005 were for
climate change work.
Free Enterprise Action Institute $130,000 The Free Enterprise Action Institute is registered under Steven Milloy’s name and home
address. In 2005, ExxonMobil funds represented approximately 64% of total expenses. Tax
filings from 2004 and 2005 reported no staff.
Frontiers of Freedom Institute $1,002,000 A May 2003 New York Times article reported that the $232,000 ExxonMobil donation in 2002
(up from $40,000 the year before) represented approximately one-third of FFI’s annual budget.
Almost half of their total ExxonMobil donations since 1998 were specifically designated by
ExxonMobil for climate change projects.188
George C. Marshall Institute $630,000 The George C. Marshall Institute has received a steady stream of funding from ExxonMobil for
its climate science program: $405,000 between 2001 and 2004. In 2004, ExxonMobil funds
represented approximately 21% of total expenses. The Marshal Institute in turn donated
$12,602 to the Tech Central Science Foundation (Tech Central Station) in 2004.189
Heartland Institute $561,500 Nearly 40% of the total funds that the Heartland Institute has received from ExxonMobil since
1998 were specifically designated for climate change projects. ExxonMobil donated $119,000 in
2005, its biggest gift to Heartland since 1998.
Heritage Foundation $460,000 ExxonMobil gave $25,000 in 2002 for “climate change issues.”
Hoover Institution on War, $295,000 ExxonMobil donated $30,000 in 2003 for “global climate change projects.” Climate contrarians
Revolution, and Peace, Sallie Baliunas and S. Fred Singer were Wesson Fellows for the Hoover Institute, a public policy
Stanford University research center.190
Independent Institute $70,000 Climate contrarians S. Fred Singer, David Legates, and Frederick Seitz are all research fellows
at the Independent Institute, which has received money from ExxonMobil from at least 1998 to
2005.
Institute for Energy Research $177,000 The Institute received $45,000 in 2004 for “climate change and energy policy issues” from
ExxonMobil. In 2005, ExxonMobil funds represented approximately 31% of total expenses.
International Policy Network $295,000 The International Policy Network’s largest grant from ExxonMobil since 1998, $115,000 in 2004,
was specifically designated for “climate change” activities. This grant represented 16% of their
total expenses for that year.
Lindenwood University $10,000 In 2004, ExxonMobil donated $5,000 for “climate change outreach.” Lectures publicized on the
university’s Institute for Study of Economics and the Environment, for example, question the hu-
man contribution to global warming.191
Media Research Center $150,000 $100,000 of the total funds the Media Research Center received from ExxonMobil between
1998 and 2005 were specifically designated for climate change activities.

continued
Total ExxonMobil
Funding175
Mercatus Center, $80,000 ExxonMobil funded $40,000 in 2004 to support the Mercatus Center’s work on climate change
George Mason University regulation.
National Association of $100,000 In 2004, an ExxonMobil grant for work on climate change issues represented approximately 6%
Neighborhoods of total expenses.
National Center for Policy $420,900 The NCPA received funding from ExxonMobil every year from 2000 to 2005. NCPA climate
Analysis work includes, for example, a paper authored by climate contrarian David Legates that argued
the arctic polar bear population was not threatened by global warming.192 The NCPA also cites
the work of Robert Balling, Jr., John Christy, and other climate contrarians.
National Center for Public $280,000 In 2003, ExxonMobil gave the center $30,000 to fund the EnviroTruth website (www.envirotruth.
Policy Research org), which purportedly provides information on the “truths and falsehoods” of a variety of
environmental issues, including climate change.193
National Environmental Policy $75,000 Steven Milloy is the former director of the NEPI.194 ExxonMobil funds in 2000 represented 3% of
Institute their total expenses that year. The activities of NEPI’s Global Climate Science Project included a
Congressional roundtable and white paper referencing several climate contrarians.195
Pacific Research Institute for $355,000 PRI’s largest donation from ExxonMobil since 1998 is $100,000 in 2004 (up from $45,000 for
Public Policy each of the two previous years). ExxonMobil allocated half of this grant for “climate change and
environmental quality research.”
Science and Environmental $20,000 SEPP was founded by climate contrarian S. Fred Singer.196 ExxonMobil donated $10,000 in
Policy Project 2000 for project support.
The Advancement of Sound $50,000 ExxonMobil funds represented approximately 65% of total expenses in FY 2002.
Science Center, Inc.
Tech Central Station $95,000 The DCI Group ran TCS until TCS was sold in September 2006.197 The DCI Group is a registered
ExxonMobil lobbying firm.198
Weidenbaum Center, $345,000 Murray Weidenbaum, honorary chair, has written about the “great uncertainty” of the human
Washington University contribution to global warming.199 The center received $70,000 from ExxonMobil in 1998 for
(formerly Center for the Study “Global Climate Change and other support” and published papers by climate contrarians
of American Business) Patrick Michaels (1998) and S. Frederick Singer (1999).
TOTAL: $15,837,873
Table 2 Scientific Spokespeople Affiliated with ExxonMobil-Funded Groups

Name Affiliation With ExxonMobil-Funded Organizations Title/Role
Annapolis Center for Science Based Public Policy Science and Economic Advisory Council Member200
Committee for a Constructive Tomorrow Academic and Scientific Advisory Board Member 201
Competitive Enterprise Institute Report Author202
George C. Marshall Institute Senior Scientist,203 and Chair of Science Advisory Board204
Sallie Baliunas Global Climate Coalition Featured Scientist205
Heartland Institute Writer/contributor206
Heritage Foundation Writer/contributor207
Hoover Institution on War, Revolution and Peace Robert Wesson Endowment Fund Fellow (1993-4)208
Tech Central Station Science Round Table Member209
Cato Institute Book Author210
Robert C. Balling, Jr. Heritage Foundation Policy Expert 212
International Policy Network Writer/contributor213
Tech Central Station Science Roundtable Member214
Competitive Enterprise Institute Report and Article Authors215

John Christy
Independent Institute Report Author216
Hugh Ellsaesser
Consumer Alert Advisory Council Member218
Center for the Study of Carbon Dioxide and Global Change President219
Sherwood B. Idso Committee for a Constructive Tomorrow Academic and Scientific Advisory Board Member 220
George C. Marshall Institute Report Author221
Competitive Enterprise Institute Former Adjunct Scholar222
Heartland Institute Featured Author224

David R. Legates
Independent Institute Research Fellow225
National Center for Policy Analysis Adjunct Scholar and E-team Expert226
Tech Central Station Science Roundtable Member227
Annapolis Center for Science Based Public Policy Science and Economic Advisory Council Member228
Richard Lindzen Cato Institute Contributing Expert229

Table 2 Scientific Spokespeople Affiliated with ExxonMobil-Funded Groups continued

Name Affiliation With ExxonMobil-Funded Organizations Title/Role
American Council on Science and Health Scientific Advisor231
American Legislative Exchange Council Report Author232
Cato Institute Senior Fellow in Environmental Studies233
Committee for a Constructive Tomorrow Academic and Scientific Advisory Board Member234
Competitive Enterprise Institute CEI expert235
Patrick J. Michaels Consumer Alert Advisory Council Member236
George C. Marshall Institute Book Editor and Contributor237
Heritage Foundation Policy Expert239
Tech Central Station Science Roundtable member240
Weidenbaum Center Study Author241
Atlantic Legal Foundation Director Emeritus242
Committee for a Constructive Tomorrow Academic and Scientific Advisory Board Member243
Fredrick Seitz George C. Marshall Institute Chairman Emeritus and Member of the Board of Directors244
Science and Environmental Policy Project Chairman of the Board of Directors246
American Council on Science and Health Scientific Advisor247
Cato Institute Writer/contributor248
Centre for the New Europe Featured Expert249
Federalist Society for Law and Public Policy Studies Featured Expert250
Frontiers of Freedom Adjunct Fellow251
Heritage Foundation Senior Fellow252

S. Fred Singer
Hoover Institution on War, Revolution and Peace Robert Wesson Endowment Fund Fellow
and Featured Author253
National Center for Policy Analysis Adjunct Scholar255 and E-team Expert256
Science and Environmental Policy Project President257
Weidenbaum Center Study Author258
Fraser Institute Featured Expert259
Frontiers of Freedom Chief Scientific Researcher for the Organization’s

Center for Science and Public Policy260
Willie Soon
George C. Marshall Institute Senior Scientist261
Tech Central Station Science Roundtable member263

Table 3 Key Personnel Overlap between Tobacco and Climate Disinformation Campaigns
Person Tobacco Company Affiliation Climate Campaign Role*
Doug Goodyear VP, Walt Klein and Associates, PR firm for R.J. CEO, DCI Group, a registered ExxonMobil lobbying firm that created
Reynolds tobacco company (RJR) Tech Central Station, an on-line journal that publishes articles by
Cofounder, Ramhurst, an ostensibly grassroots climate contrarians.
organization for “smokers’ rights” that received funding Director, Tech Central Science Foundation, funding arm of Tech
from RJR)264 Central Station265
Timothy N. Hyde Senior Director of Public Issues, RJR, 1988 to 1997266 Managing Partner, DCI Group
Steven Milloy Headed The Advancement of Sound Science Coalition Member, Global Climate Science Team (GCST), a group created
(TASSC), a group that the Philip Morris tobacco in part by ExxonMobil that outlined an explicit strategy to invest
company covertly created in 1993 to manufacture millions of dollars to manufacture uncertainty on the issue of global
uncertainty about the health hazards posed by warming268
secondhand smoke267 Home address listed for the slightly renamed The Advancement
of Sound Science Center (TASSC) and the Free Enterprise Action
Institute, both funded by ExxonMobil269
Frederick Seitz Employed by RJR to oversee the company’s medical Emeritus chair of the ExxonMobil-funded George C. Marshall
research funding, 1979 to 1989270 Institute271
Wrote and circulated a letter asking scientists to sign a petition
calling upon the U.S. government to reject the Kyoto Protocol272
Tom Synhorst Midwestern Field Coordinator, RJR273 Chair, DCI Group

* Major climate campaign roles were identified; this is not a comprehensive list.
Appendix C
Key Internal Documents
• 1998 “Global Climate Science Team” memo

• APCO memo to Philip Morris regarding the creation of TASCC
• Dobriansky talking points
• Randy Randol’s February 6, 2001, fax to the Bush team calling for Watson’s dismissal
• Sample mark up of Draft Strategic Plan for the Climate Change Science Program by Philip Cooney
• Email from Mryon Ebell, Competitive Enterprise Institute, to Phil Cooney
1998 “Global Climate Science Team” memo

APCO memo to Philip Morris regarding the creation of TASCC

(available at http://tobaccodocuments.org/pm/2024233698-3702.html#images)
Dobriansky talking points (obtained by ExxonSecrets.org through FOIA request)

Randy Randol’s February 6, 2001, fax to the Bush team calling for Watson’s dismissal
(obtained by Natural Resources Defense Council through FOIA request)
Sample mark up of Draft Strategic Plan for the Climate Change Science Program, p. 20,
by Philip Cooney, Chief of Staff, White House Council of Environmental Quality, October 2002.
(provided by Rick Piltz, Climate Science Watch)
Email from Mryon Ebell, Competitive Enterprise Institute, to Phil Cooney

(obtained by ExxonSecrets.org through FOIA request)
Endnotes
1 Fortune 500, 2006, Annual ranking of America’s largest corporations, 18 Miller, K., 1998, The Voice of Business: Hill and Knowlton and Postwar Public
http://money.cnn.com/magazines/fortune/fortune500/snapshots/496.html. Relations, Chapel Hill, NC: University of North Carolina Press, p. 129.
2 International Monetary Fund, 2006, World Economic Outlook Database, April, 19 Brown & Williamson (B&W), 1969, Smoking and health proposal, http://
http://www.imf.org/external/pubs/ft/weo/2006/01/data/index.htm. tobaccodocuments.org/landman/332506.html, document codes 690010951-
3 Romero, S., and E.L. Andrews, 2006, At Exxon Mobil, a record profit but no 690010959.
fanfare, New York Times, January 31; also cited in Fortune 500, Annual ranking. 20 Michaels, D., and C. Monforton, 2005, Manufacturing uncertainty: Contested
4 ExxonMobil Corporation, 2005, Carbon Disclosure Project (CDP) greenhouse science and the protection of the public’s health and environment, American
gas emissions questionnaire, http://www.exxonmobil.com/corporate/files/corporate/ Journal of Public Health 95(S1), S39-S48.
cdp_response.pdf; ExxonMobil Corporation, 2005, Corporate Citizen Report, 21 Committee of Experts on Tobacco Industry Documents, World Health
environmental performance section, http://www.exxonmobil.com/Corporate/Files/ Organization, 2000, Tobacco company strategies to undermine tobacco control
Corporate/ccr05_environ.pdf. activities at the World Health Organization, Geneva, Switzerland, July 1, Paper
5 ExxonMobil Corporation, 2005, Annual Report, Section 3: Environmental WHO7, http://repositories.cdlib.org/tc/whotcp/WHO7/.
Performance, http://www.exxonmobil.com/Corporate/Files/Corporate/ccr05_environ.pdf. 22 Tobacco figures from Tobacco Free Initiative, World Health Organization, Why
This includes direct emissions from production of oil and gas, refining of oil products, is tobacco a public health priority? http://www.who.int/tobacco/health_priority/en/
manufacture of petrochemicals, and operation of power and cogeneration print.html, accessed September 6, 2006.
facilities, as well as company-operated marine vessels and road tankers. 23 American Lung Association, 2006, Trends in tobacco use, January, http://www.
6 Ibid., 43. Based on ExxonMobil 2005 total product sales for gasoline, aviation lungusa.org/atf/cf/%7B7A8D42C2-FCCA-4604-8ADE-7F5D5E762256%7D/
fuels, heavy fuels, heating oils, kerosene, and diesel. See also Environmental Smoking2006.pdf.
Protection Agency (EPA), 2005, U.S. Inventory of Greenhouse Gas Emissions 24 Walker, M., 1998, Testimony: State of Minnesota and Blue Cross and Blue
and Sinks 1990–2003, Washington, DC, for the conversion coefficients used Shield of Minnesota v. Philip Morris, Inc., et al., Docket number C1-94-8565,
to determine carbon dioxide emissions for combustion of each product sold by Minnesota District Court, Second Judicial District, Ramsey County, February.
ExxonMobil in 2005. http://yosemite.epa.gov/oar/globalwarming.nsf/UniqueKey-
Lookup/RAMR5CZKVE/$File/ghgbrochure.pdf. Contact Union of Concerned 25 For a review of the early debate over global warming, see Linden, E., 2006,
Scientists to obtain calculation. The Winds of Change: Climate, Weather, and the Destruction of Civilizations, NY:
Simon and Schuster.
7 Krugman, P., 2006, Enemy of the planet, New York Times, April 17.
26 See, for instance, New York Times, 1991, Speech by Exxon chairman, March 6,
8 See, for instance, Healy, J., 2005, Alternate energy not in cards at ExxonMobil, detailing the “blunt speech” by then-chairman Lawrence Rawl, expressing “doubt
USA Today, October 27. that theories on global warming would eventually prove accurate.”
9 Mouawad, J., 2006, Exxon reports 7% increase in earnings: Shares fall, New York 27 See background on GCC on SourceWatch website at http://www.sourcewatch.org/
Times, April 28. index.php?title=Global_Climate_Coalition, accessed August 24, 2006; Mooney,
10 ABC News, 2006, Oil: Exxon chairman’s $400 million parachute, http://abcnews. C., 2005, Some like it hot, Mother Jones, May/June.
go.com/GMA/story?id=1841989&page=1, April 14. 28 See also Lewis, P., 1995, U.S. industries oppose emission proposals, New York
11 Center for Responsive Politics, Oil & gas: Top contributors to federal candidates Times, August 22.
and parties (2000), http://www.opensecrets.org/industries/contrib. 29 Mooney, Some like it hot; and Najor, P., 2001, RIP: Global Climate Coalition:
asp?Ind=E01&Cycle=2000. Voice for industry opposed global treaty, Bureau of National Affairs, January 24,
12 Center for Responsive Politics. Visit http://www.opensecrets.org/lobbyists/index.asp http://www.heatisonline.org/contentserver/objecthandlers/index.
and search for client Exxon Mobil. For 1998, search for both Exxon Corp and cfm?id=3872&method=full.
Mobil Oil. 30 Revkin, A., and N. Banerjee, 2001, Some energy executives urge U.S. shift on
13 ExxonMobil corporate reports including: Exxon Corporation, 1998, Public global warming, New York Times, August 1; and a profile of the organization on
Information and Policy Research, Community and Sponsorships Giving Report; the SourceWatch website at http://www.sourcewatch.org/index.php?title=Global_
Exxon Corporation, 1999, IRS 990 form; ExxonMobil Foundation, 2000, IRS Climate_Coalition, accessed August 24, 2006.
990 form; ExxonMobil Corporation, 2001–2002, Annual report; ExxonMobil 31 Walker, J., 1998, Draft global climate science communications plan, American
Corporation, 2003–2005, Worldwide Contributions and Community Investments, Petroleum Institute, April, memo to Global Climate Science Team. In Appendix
Public Information and Policy Research. C of this report or online at http://www.euronet.nl/users/e_wesker/ew@shell/API-prop.
14 Tobacco Industry Research Committee, 1954, A frank statement to cigarette html, accessed November 3, 2006. Among the GCST members cited in the plan
smokers, http://tobaccodocuments.org/rjr/512678655-8656.html, document codes as having contributed to it are Randy Randol, Exxon Corp., Steve Milloy, the
512678655-512678656. Advancement of Sound Science Coalition, and Joseph Walker, American
15 See http://www.tobaccodocuments.org. See also Glantz, S.A., et al., eds, 1996, Petroleum Institute.
The Cigarette Papers, Berkeley: University of California Press; and Kessler, D., 32 APCO Associates, 1993, Revised plan for the public launching of TASSC
2001, A Question of Intent: A Great American Battle With a Deadly Industry, (through 1993), Washington, DC, October 15, http://tobaccodocuments.org/
New York: Public Affairs. pm/2045930493-0504.html, document codes 2045930493-2045930504.
16 Tobacco Industry Research Committee, A frank statement. 33 Walker, Draft global climate science communications plan.
17 Glantz, et al., The Cigarette Papers; Kessler, A Question of Intent. See also Wells, 34 Ibid.
J.K., III, 1980, New strategy on smoking & health, http://tobaccodocuments.org/ 35 Ibid.
landman/38769.html, document codes 680051009-680051014.
36 Ibid. 64 See About TCS Daily at http://www.tcsdaily.com/about.aspx, accessed November

37 ExxonMobil corporate reports, 1998-2005. 30, 2006. The Center for Responsive Politics lists ExxonMobil as a client of the
DCI Group at http://opensecrets.org/lobbyists/firmsum.asp?txtname=DCI+Group&
38 Ibid. year=2005, accessed December 4, 2006.
39 Lee, J., 2003, Exxon backs groups that question global warming, New York 65 Cited text is no longer available online at http://www.tcsdaily.com/about.aspx.
Times, May 28. Contact the Union of Concerned Scientists for a copy of the webpage accessed
40 Frontiers of Freedom, Oakton, VA. For more information, see the organization’s on September 7, 2006.
website at http://ff.org. 66 Contributors listed at http://www.techcentralstation.com.
41 Frontiers of Freedom, Malcolm Wallop biography, http://ff.org/about/mwbio.html, 67 DCI website at http://www.dcigroup.com.
December 8, 2006.
68 For instance, see discussion of the DCI Group’s history on the SourceWatch
42 The White House, 2005, Vice President’s remarks at the Frontiers of Freedom website at http://www.sourcewatch.org/index.php?title=DCI_Group.
Institute 2005 Ronald Reagan gala, press release, November 16, http://www.
whitehouse.gov/news/releases/2005/11/20051116-10.html. 69 Ibid. See also Ogburn, T.L., 1991, Public Issues Weekly Update, March 22,
http://tobaccodocuments.org/rjr/507655646-5648.html, document codes
43 ExxonMobil corporate reports, 1998-2005. 507655646-507655648, where Synhorst is mentioned as the field coordinator
44 ExxonMobil Corporation, 2002, Worldwide Contributions. See also Lee, in Iowa. Synhorst is also listed as a member of RJR’s 1994 field force in the R.J.
Exxon backs groups. Reynolds memo, Public Issues 1994 Plans, http://www.gaspforair.org/gasp/gedc/
45 Center for Science and Public Policy. Accessed through Frontiers of Freedom artcl-new.php?ID=83, accessed November 27, 2006.
website, http://ff.org, April 2006. 70 DCI Group Leadership, http://www.dcigroup.com/leadership/, accessed November
46 Budget figures for Frontiers of Freedom available at http://www.exxonsecrets.org; 27, 2006. See also SourceWatch profile of the group at http://www.sourcewatch.
Ferguson, R., 2006, Issues in the Current State of Climate Science, Washington, org/index.php?title=DCI_Group.
DC: Center for Science and Public Policy, March, http://ff.org/centers/csspp/ 71 Ibid.
pdf/20060331_issues.pdf. 72 ExxonMobil Corporation, 2005, Corporate Citizenship Report, Research for the
47 Ibid. Ferguson questions glacier data on p. 20. Evidence of worldwide glacier longer term, http://www.exxonmobil.com/corporate/citizenship/ccr5/research_for_
retreat is available on the website of the Intergovernmental Panel on Climate the_longer_term.asp.
Change at http://www.grida.no/climate/ipcc_tar/wg1/fig2-18.htm, accessed 73 Business Wire, 2002, ExxonMobil plans $100 million investment in Stanford
November 27, 2006. Data for over 67,000 glaciers worldwide is on the website University’s Global Climate and Energy Project, November 20.
of the National Snow and Ice Data Center at http://nsidc.org/data/glacier_
inventory, accessed November 27, 2006. 74 For details, see project website at http://gcep.stanford.edu.
48 Ferguson, p. 16. 75 For example, see Singer, S.F., ed., 1989, Global Climate Change: Human and
Natural Influences, New York: Paragon House; Michaels, P.J., 1992, Sound and
49 Ferguson, R., and W. Soon, 2005, Eat more fish! Wall Street Journal, August 15. Fury: The Science and Politics of Global Warming, Washington, DC: Cato Institute;
50 ExxonMobil corporate reports, 1998-2005. and Christy, J.R., 1992, Monitoring global temperature changes from satellites,
51 Information available on the website of the George C. Marshall Institute at in Global Climate Change: Implications, Challenges and Mitigation Measures,
http://www.marshall.org/experts.php?id=83, accessed on November 15, 2006. edited by S. Majumdar et al., Easton, PA: Pennsylvania Academy of Science,
163-178. See also Christy, J.R., 1995, Temperature above the surface layer,
52 The organizations include the Advancement of Sound Science Coalition, the Climatic Change 31(2-4): 455.
American Council on Science and Health, the American Legislative Exchange
Council, the Cato Institute, the Committee for a Constructive Tomorrow, the 76 Walker, Draft global climate science communications plan, in Appendix C
Competitive Enterprise Institute, Consumer Alert, the Heritage Foundation, of this report.
Tech Central Station, and the Weidenbaum Center on the Economy, 77 Intergovernmental Panel on Climate Change, 2001, Climate Change 2001:
Government, and Public Policy. The Scientific Basis, Cambridge, UK: Cambridge University Press. See also Figure
53 Michaels, P.J., ed., 2006, Shattered Consensus: The True State of Global Warming, 1A in Hansen, J., et al., 2005, Earth’s energy imbalance: Confirmation and
Lanham, MD: Rowman & Littlefield. See brochure about the book at http:// implications, Science 308:1431-1435.
www.marshall.org/pdf/materials/357.pdf. 78 Baliunas, S.L., 1995, Are Human Activities Causing Global Warming? Washington,
54 ExxonMobil Corporation, 2005, Worldwide Contributions. DC: George C. Marshall Institute, January 1, http://www.marshall.org/article.
php?id=79. See also Baliunas, S.L., 1996, Uncertainties in Climate Modeling: Solar
55 Ibid. Variability and Other Factors, Washington, DC: George C. Marshall Institute,
56 Michaels, P.J., 2002, Global Warming and the Kyoto Protocol: Paper Tiger, September 17, http://www.marshall.org/article.php?id=12.
Economic Dragon, Washington, DC: American Legislative Exchange Council, 79 Soon, W., and S.L. Baliunas, 2003, Proxy climatic and environmental changes
April, http://www.alec.org/meSWFiles/pdf/0208.pdf. of the past 1,000 years, Climate Research 23(2): 89-110.
57 ExxonMobil Corporation, 2004, 2005. Worldwide Contributions. 80 For examples, see McKitrick, R., 2003, The bad news bearers, Tech Central
58 See the website of the Committee for a Constructive Tomorrow at http:// Station, July 9; and Legates, D., 2003, Same old story, Tech Central Station,
www.cfact.org. November 19. Both available online at http://www.techcentralstation.com; See also
59 Competitive Enterprise Institute, 2003, Group sues to enforce sound science O’Keefe, W., 2003, Global warming an uncertainty, Seattle Post-Intelligencer,
law, press release, August 6, http://www.cei.org/utils/printer.cfm?AID=3595. See December 12; and O’Keefe, W., 2004, Climate debate isn’t about action, it’s
also Cooney, C.M., 2003, Lawsuit challenges data in national climate report, about knowledge, Atlanta Journal-Constitution, January 6.
Environmental Science and Technology Online, November 21, http://pubs.acs.org/ 81 Inhofe, J.M. (U.S. Senator, R-OK), 2003, The science of climate change, Senate
subscribe/journals/esthag-w/2003/nov/policy/cc_lawsuit.html. floor statement, July 28, http://inhofe.senate.gov/pressreleases/climate.htm. See also
60 ExxonMobil corporate reports, 1998-2005. Mooney, C., 2004, Earth last: James Inhofe proves “Flat Earth” doesn’t refer to
Oklahoma, American Prospect, May 7.
61 ExxonMobil Corporation, 2004, Preface, Worldwide Contributions.
82 Monastersky, R., 2003, Storm brews over global warming, Chronicle of Higher
62 ExxonMobil Corporation, 2003, Worldwide Contributions. Education, September 4.
63 For information on James K. Glassman, see the profile on the website of the
American Enterprise Institute for Public Policy Research at http://www.aei.org/
scholars/scholarID.21/scholar.asp or the SourceWatch website at http://www.
sourcewatch.org/index.php?title=James_K._Glassman.
83 The scientists made the claim in a rebuttal to the Soon-Baliunas paper published 104 APCO Associates. Revised plan for the public launching of TASSC.
in the peer-reviewed journal of the American Geophysical Union. See Mann, M., 105 Ibid.
et al., 2003, On past temperatures and anomalous late-20th century warmth,
EOS Transactions, AGU 84(27): 256. See also American Geophysical Union, 106 Lenzi, J., 1993, Subject: TASSC update, http://tobaccodocuments.org/mayo_
2003, Leading climate scientists reaffirm view that late 20th century warming clinic/2024233664.html, document code 2024233664.
was unusual and resulted from human activity, press release, July 7, http://www. 107 Philip Morris, 1993, ETS media strategy, February (est), http://tobaccodocuments.
agu.org/sci_soc/prrl/prrl0319.html. org/landman/2023920090-0101.html, document codes 2023920090-
84 National Research Council Committee on Surface Temperature Reconstructions, 2023920101.
2006, Surface temperature reconstructions for the last 2,000 years, June, http:// 108 Hockaday, T., and N. Cohen, 1994, Memorandum: Thoughts on TASSC
www.nap.edu/catalog/11676.html#toc. Europe, Washington, DC: APCO Associates, March 25, http://www.
85 See, for example, O’Hanlon, L., 2003, Unearthing clues about climate, Boston tobaccodocuments.org/landman/158433.html, document code 2025492898.
Globe, May 20. 109 Advancement of Sound Science Center and Free Enterprise Education Institute,
86 ExxonMobil corporate reports, 1998-2005. IRS 990 forms; ExxonMobil Foundation, 2000, IRS 990 form; and ExxonMobil
Corporation, 2001–2005, Worldwide Contributions. Contact Union of
87 Information from the websites of the Marshall Institute, http://www.marshall.org, Concerned Scientists for sources.
the Annapolis Center for Science-Based Public Policy, http://www.annapoliscenter.
org, the Committee for a Constructive Tomorrow, http://www.cfact.org, and Tech 110 Free Enterprise Education Institute, Inc., 2004, IRS 990 form, http://www.
Central Station, http://www.techcentralstation.com. guidestar.org/FinDocuments/2004/810/634/2004-810634209-01a2fb24-9.pdf.
88 Rockefeller University, 1985, Biography of Frederick Seitz, press release, 111 Hertsgaard, While Washington slept.
November, http://tobaccodocuments.org/lor/87697430-7434.html, document 112 SourceWatch, Profile of Craig L. Fuller, http://www.sourcewatch.org/index.php?
codes 87697430-87697434. title=Craig_L._Fuller, accessed November 15, 2006. Cites his appointment in
89 Horrigan, E.A., of RJR Nabisco, 1986, Letter to Frederick Seitz, Rockefeller 1992 as Senior Vice President for Corporate Affairs at Philip Morris Companies.
University, http://tobaccodocuments.org/rjr/508263286-3286.html, document For Barbour and Mitchell’s connections to Big Tobacco, see Drinkard, J., 1997,
code 508263286. Tobacco lobbyist ready for Congress, Associated Press, September 1.
90 Hobbs, W.D., 1980, Corporate support for biomedical research, Letter to J. Paul 113 Center for Responsive Politics, Oil & gas, top contributors to federal candidates
Sticht, R.J. Reynolds, June 12, http://tobaccodocuments.org/rjr/503955409-5415. and parties, http://opensecrets.org/industries/contrib.asp?Ind=E01&Cycle, accessed
html, document codes 503955409-503955415. November 15, 2006.
91 Quoted in Hertsgaard, M., 2006, While Washington slept, Vanity Fair, May. 114 Milbank, D., and J. Blum, 2005, Document says oil chiefs met with Cheney
task force, Washington Post, November 16.
92 Ibid. Seitz oversaw the dispersal of some $45 million of research for R.J. Reynolds,
according to Hertsgaard. 115 Harris, P., 2003, Bush covers up climate research, The Observer, September 21.
See also Vidal, J., 2005, Revealed: How oil giant influenced Bush, The
93 Fyock, J., 1979, A discussion of tobacco industry and R.J. Reynolds Industries’ Guardian, June 8.
support of bio-medical research, June 15, http://tobaccodocuments.org/bliley_
rjr/504480470-0475.html, document codes 504480470-504480475. 116 Brill, K., 2001, Re: Your meeting with members of the Global Climate Coalition,
June 21, 9:10–9:50 a.m., briefing memorandum to Paula Dobriansky, Washington,
94 Seitz, F., 1998, Research review of global warming evidence, letter, http://www. DC: U.S. Department of State, June 20, http://www.greenpeace.org/raw/content/
oism.org/pproject. Also known as the Global Warming Petition. usa/press/reports/global-climate-coalition-meeti.pdf.
95 Robinson, A.B., S.L. Baliunas, W. Soon, and Z.W. Robinson, 1998, Environmental 117 Intergovernmental Panel on Climate Change, 2001, Climate Change 2001:
Effects Of Increased Atmospheric Carbon Dioxide, Oregon Institute of Science and The Scientific Basis, Summary For Policymakers, http://www.grida.no/climate/ipcc_
Medicine and George C. Marshall Institute, http://www.oism.org/pproject/s33p36.htm. tar/wg1/008.htm.
96 See, for instance, a review of the petition saga on the SourceWatch website, 118 Randol, R., 2001, Bush team for IPCC negotiations, Memo to John Howard,
http://www.sourcewatch.org. Search for “Oregon Institute of Science and Medicine,” White House Council on Environmental Quality, Washington, DC: ExxonMobil,
Note that the current website for the Oregon petition no longer includes fictional February 6, http://www.nrdc.org/media/docs/020403.pdf.
characters in original such as doctors from televison show M*A*S*H.
119 Ibid.
97 Musser, G., 2001, Climate of uncertainty: The unknowns in global warming
research don’t have to be showstoppers, Scientific American, 14–15. 120 Lawler, A., 2002, Battle over IPCC chair renews debate on U.S. climate policy,
Science, April 12. See also Nesmith, J., 2002, Global warming official out,
98 Stevens, W.K., 1998, Science academy disputes attack on global warming, Atlanta Journal-Constitution, April 20.
New York Times, April 22.
121 As quoted in Lawler, Battle over IPCC chair.
99 In one characteristic example, the Council Committee for a Constructive Tomorrow
editorializes that “CFACT is demonstrating that a broad coalition—transcending 122 Eilperin, J., 2005, Climate official’s work is questioned, Washington Post,
political and ideological boundaries—can be built when the passion and heart of December 5.
environmental activism is combined with the practical solutions of free markets 123 Ibid.
and sound science,” http://www.cfact.org/site/view_article.asp?idCategory=21& 124 Piltz, R., 2005, On issues of concern about the governance and direction of the
idarticle=924. climate change science program, June 1, Rick Piltz’s resignation memo addressed
100 ExxonMobil Corporation, 2005, Corporate Citizenship Report, Climate to U.S. Climate Change Science Program agency principals, http://www.
Science, http://www.exxonmobil.com/corporate/citizenship/ccr5/climate_science.asp, climatesciencewatch.org/index.php/csw/details/memo-to-ccsp-principals.
accessed November 30, 2006. 125 Democracy Now, 2005, Bush’s environment chief: From the oil lobby to the
101 The National Academies, 2005, Joint science academies’ statement: Global White House to ExxonMobil, radio interview with Andrew Revkin, June 20,
response to climate change, June 7, http://nationalacademies.org/onpi/06072005.pdf. http://www.democracynow.org/article.pl?sid=05/06/20/1328225.
102 See, for instance, Kraus, M., of APCO, 1993, Letter to Vic Han, Director of 126 Revkin, A., 2005, In editing reports, Bush official minimized greenhouse gas
Communications at Philip Morris, September 23, in Appendix C of this report. links, New York Times, June 8.
103 See Ong, E.K., and S.A. Glantz, 2001, Constructing “sound science” and “good 127 Piltz, On issues of concern.
epidemiology”: Tobacco, lawyers, and public relations firms, American Journal of 128 Ibid.
Public Health, November.
129 Revkin, A., 2005, Former Bush aide who edited reports is hired by Exxon, 153 Adam, D., 2006, Royal Society tells Exxon: Stop funding climate change
New York Times, June 15. denial, Guardian Unlimited, September 20, http://environment.guardian.co.uk/
130 Ibid. See also Natural Resources Defense Council, 2005, Former oil lobbyist climatechange/story/0,,1876538,00.html.
employed by White House leaves to join ExxonMobil, press release, June 15, 154 ExxonMobil Corporation, 2005, Corporate Citizenship Report, Environmental
http://www.nrdc.org/bushrecord/2005_06.asp#, under June 2005. Performance, http://www.exxonmobil.com/Corporate/Citizenship/CCR5/
131 U.S. Global Change Research Program, 2000, U.S. National Assessment environmental_performance.asp.
of the Potential Consequences of Climate Variability and Change, November, 155 Union of Concerned Scientists, 2004, Creating jobs, Saving energy and protecting
http://www.usgcrp.gov/usgcrp/nacc/default.htm. the environment: An analysis of the potential benefits of investing in efficient cars and
132 Randol, Bush team for IPCC negotiations. trucks. Cambridge, MA, http://www.ucsusa.org/assets/documents/clean_vehicles/
FuelEconomyJobs.pdf. Union of Concerned Scientists, 2005, Renewing America’s
133 Revkin, A., 2002, U.S. sees problems in climate change, New York Times, June 3. economy: A 10% national renewable electricity standard will create jobs and save
134 Ebell, M., 2002, of the Competitive Enterprise Institute, email to Philip consumers money. Cambridge, MA, http://www.ucsusa.org/clean_energy/renewable_
Cooney, Chief of Staff, U.S. Council on Environmental Quality, June 3. energy_basics/renewing-americas-economy.html.
For full text of the memo, see Appendix C of this report. 156 Investor Network on Climate Risk, 2006, Concerned that ExxonMobil’s handling
135 Ibid. of climate change lags behind other competitors, U.S. institutional investors seek
136 CBS News, 2002, Bush disses global warming report, June 4, http://www. meeting with Exxon board, press release, May 18, http://www.ceres.org/news/news_
cbsnews.com/stories/2002/06/03/tech/main510920.shtml. item.php?nid=179.
137 Ebell, email to Cooney. 157 Investor Network on Climate Risk, 2006, Letter to Michael Boskin, ExxonMobil
Corporation, May 15, http://www.ceres.org/pub/docs/Ceres_INCR_letter_XOM_
138 Doggett, T., 2003, Whitman resigns as chief of U.S. environment agency, 051806.pdf.
Reuters, May 21.
158 Investor Network on Climate Risk, Concerned that ExxonMobil’s handling
139 Ebell, email to Cooney. of climate change.
140 Competitive Enterprise Institute, 2003, Group sues to enforce sound science 159 British Petroleum, BP and climate change, http://www.bp.com/subsection.do?
law, press release, August 6. categoryId=4529&contentId=7014604, accessed November 20, 2006.
141 Rowe, S. (Maine Attorney General), 2003, Maine, Connecticut AGs call on 160 Shell, About Shell renewables, http://www.shell.com/home/Framework?siteId=
Ashcroft to investigate White House role in lawsuit: Email suggests conspiracy rw-br&FC2=/rw-br/html/iwgen/leftnavs/zzz_lhn2_0_0.html&FC3=/rw-br/html/
between White House and conservative think tank, August 11, http://www. iwgen/about_shell/who_we_are_0729.html, accessed November 20, 2006.
maine.gov/ag/press_release_pop_up.php?press_id=167.
161 ExxonMobil Corporation, 2005, Summary Annual Report, http://exxonmobil.com/
142 Ibid. corporate/files/corporate/sar_2005.pdf, accessed November 3, 2006.
143 ExxonMobil Corporation, 2002, Worldwide Contributions. See also Mooney, 162 Information obtained from ExxposeExxon website at http://www.ExxposeExxon.org,
Some like it hot. accessed November 29, 2006.
144 Taxpayers for Common Sense, 2006, Analysis of Oil and Gas Spending in 163 Ibid.
Energy Policy Act of 2005.
164 Vidal, G., 2005, Revealed: How oil giant influenced Bush, Guardian, June 8,
145 Center for Responsive Politics, Joe Barton career profile (since 1989), http:// http://www.guardian.co.uk/print/0,3858,5210708-103681,00.html.
opensecrets.org/politicians/allsummary.asp?CID=N00005656, accessed November
27, 2006. 165 For a helpful review of climate change science, see http://www.pewclimate.org.
The latest Intergovernmental Panel on Climate Change projections for 21st
146 Hearing before the Energy and Air Quality Subcommittee of the House Energy century average global temperature increase is 2.5–10.4 degrees Fahrenheit, based
and Commerce Committee, 2001, National Energy Policy: Coal, March 14, upon multiple climate models and a range of assumptions regarding future green-
http://energycommerce.house.gov/107/Hearings/03142001hearing94/print.htm. house gas heat-trapping emissions. Regional warming may be greater or less than
147 Hearings before the Oversight and Investigations Subcommittee of the House the global average. For example, temperature increases in the United States are
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person_detail.asp?id=309, accessed December 7, 2006. 1994 Plans.
National Headquarters West Coast Office Washington, DC Office
Two Brattle Square 2397 Shattuck Ave., Ste. 203 1707 H St. NW, Ste. 600
Cambridge, MA 02238-9105 Berkeley, CA 94704-1567 Washington, DC 20006-3962
Phone: (617) 547-5552 Phone: (510) 843-1872 Phone: (202) 223-6133
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Printed on recycled paper using soy-based inks

The material below contains a memo by the API from April 1998.
Memo
Joe Walker
To: Global Climate Science Team

Cc: Michelle Ross; Susan Moya
Subject: Draft Global Climate Science Communications plan
As promised, attached is the draft Global Climate Science Communications Plan that we
developed during our workshop Last Friday. Thanks especially to those of you who
participated in the workshop, and In particular to John Adams for his very helpful
thoughts following up our meeting, and Alan Caudill for turning around the notes from
our workshop so quickly.
Please review the pan and get back to me with your comments as soon as possible.
As those of you who were at the workshop know, we have scheduled a follow - up team
meeting to review the plan in person on Friday, April 17, form 1 to 3 p.m. at the API
headquarters. After that, we hope to have a "plan champion" help us move it forward to
potential funding sources, perhaps starting with the global climate "Coordinating
Council." That will be an item for discussion on April 17.
Again, thanks for your hard work on this project. Please e-mail me, call or fax me with
your comments. Thanks.
Regards,
Joe Walker
Global Climate Science Communications
Action Plan
Situation Analysis
In December 1997, the Clinton Administration agreed in Kyoto, Japan, to a treaty to

reduce greenhouse gas emissions to prevent what it purports to be changes in the global
climate caused by the continuing release of such emissions. The so-called green house
gases have many sources. For example, water vapor is a greenhouse gas. But the Clinton
Administration's action, if eventually approved by the U.S. Senate, will mainly affect
emissions from fossil fuel (gasoline, coal, natural gas, etc.) combustion.
As the climate change debate has evolved, those who oppose action have argued mainly
that signing such a treaty will place the U.S. at a competitive disadvantage with most
other nations, and will be extremely expensive to implement. Much of the cost will be
borne by American consumers who will pay higher prices for most energy and
transportation.
The climate change theory being advanced by the treaty supporters is based primarily on
forecasting models with a very high degree of uncertainty. In fact, its not known for sure
whether (a) climate change actually is occurring, or (b) if it is, whether humans really
have any influence on it.
Despite these weaknesses in scientific understanding, those who oppose the treaty have
done little to build a case against precipitous action on climate change based on the
scientific uncertainty. As a result, The Clinton Administration and environmental groups
essentially have had the field to themselves. They have conducted an effective public
relations program to convince the American public that the climate is changing, we
humans are at fault, and we must do something about it before calamity strikes.
The environmental groups know they have been successful. Commenting after the Kyoto
negotiations about recent media coverage of climate change, Tom Wathen, executive vice
president of the National Environmental Trust, wrote:
"...As important as the extent of the coverage was the tone and tenor of it. In a change
from just six months ago, most media stories no longer presented global warming as just
a theory over which reasonable scientists could differ. Most stories described predictions
of global warming as the position of the overwhelming number of mainstream scientists.
That the environmental community had, to a great extent, settled the scientific issue with
the U.S. media is the other great success that began perhaps several months earlier but
became apparent during Kyoto."
Because the science underpinning the global climate change theory has not been
challenged effectively in the media or through other vehicles reaching the American
public, there is widespread ignorance, which works in favor of the Kyoto treaty and
against the best interests of the United States. Indeed, the public has been highly
receptive to the Clinton Administrations plans. There has been little, if any, public
resistance or pressure applied to Congress to reject the treaty, except by those "inside the
Beltway" with vested interests.
Moreover, from the political viewpoint, it is difficult for the United States to oppose the
treaty solely on economic grounds, valid as the economic issues are. It makes it too easy
for others to portray the United States as putting preservation of its own lifestyle above
the greater concerns of mankind. This argument, in turn, forces our negotiators to make
concessions that have not been well thought through, and in the end may do far more
harm than good. This is the process that unfolded at Kyoto, and is very likely to be
repeated in Buenos Aires in November 1998.
The advocates of global warming have been successful on the basis of skillfully
misrepresenting the science and the extent of agreement on the science, while industry
and its partners ceded the science and fought on the economic issues. Yet if we can show
that science does not support the Kyoto treaty - which most true climate scientists believe
to be the case - this puts the United States in a stronger moral position and frees its
negotiators from the need to make concessions as a defense against perceived selfish
economic concerns.
Upon this tableau, the Global Climate Science Communications Team (GCSCT)
developed an action plan to inform the American public that science does not support the
precipitous actions Kyoto would dictate, thereby providing a climate for the right policy
decisions to be made. The team considered results from a new public opinion survey in
developing the plan.
Charlton Research's survey of 1,100 "informed Americans" suggests that while

Americans currently perceive climate change to be a great threat, public opinion is open
enough to change on climate science. When informed that "some scientists believe there
is not enough evidence to suggest that [what is called global climate change] is a long-
term change due to human behavior and activities," 58 percent of those surveyed said
they were more likely to oppose the Kyoto treaty. Moreover, half the respondents
harbored doubts about climate science.
GCSCT members who contributed to the development of the plan are A. John Adams,
John Adams Associates; Candace Crandall, Science and Environmental Policy Project;
David Rothbard, Committee For A Constructive Tomorrow; Jeffrey Salmon, The
Marshall Institute; Lee Garrigan, environmental issues Council; Lynn Bouchey and
Myron Ebell, Frontiers of Freedom; Peter Cleary, Americans for Tax Reform; Randy
Randol, Exxon Corp.; Robert Gehri, The Southern Company; Sharon Kneiss, Chevron
Corp; Steve Milloy, The Advancement of Sound Science Coalition; and Joseph Walker,
American Petroleum Institute.
The action plan is detailed on the following pages.
Global Climate Science Communications
Action Plan
Project Goal
A majority of the American public, including industry leadership, recognizes that

significant uncertainties exist in climate science, and therefore raises questions among
those (e.g. Congress) who chart the future U.S. course on global climate change.
Progress will be measured toward the goal. A measurement of the public's perspective on
climate science will be taken before the plan is launched, and the same measurement will
be taken at one or more as-yet-to-be-determined intervals as the plan is implemented,
Victory Will Be Achieved When
• Average citizens "understand" (recognize) uncertainties in climate science;

recognition of uncertainties becomes part of the "conventional wisdom"
• Media "understands" (recognizes) uncertainties in climate science
• Media coverage reflects balance on climate science and recognition of the validity
of viewpoints that challenge the current "conventional wisdom"
• Industry senior leadership understands uncertainties in climate science, making
them stronger ambassadors to those who shape climate policy
• Those promoting the Kyoto treaty on the basis of extent science appears to be out
of touch with reality.
Current Reality
Unless "climate change" becomes a non-issue, meaning that the Kyoto proposal is
defeated and there are no further initiatives to thwart the threat of climate change, there
may be no moment when we can declare victory for our efforts. It will be necessary to
establish measurements for the science effort to track progress toward achieving the goal
and strategic success.
Strategies and Tactics
I. National Media Relations Program: Develop and implement a national media relations
program to inform the media about uncertainties in climate science; to generate national,
regional and local media coverage on the scientific uncertainties, and thereby educate and
inform the public, stimulating them to raise questions with policy makers.
Tactics: These tactics will be undertaken between now and the next climate meeting in
Buenos Aires/Argentina, in November 1998, and will be continued thereafter, as
appropriate. Activities will be launched as soon as the plan is approved, funding obtained,
and the necessary resources (e.g., public relations counsel) arranged and deployed. In all
cases, tactical implementation will be fully integrated with other elements of this action
plan, most especially Strategy II (National Climate Science Data Center).
Identify, recruit and train a team of five independent scientists to participate in media
outreach. These will be individuals who do not have a long history of visibility and/or
participation in the climate change debate. Rather, this team will consist of new faces
who will add their voices to those recognized scientists who already are vocal.
• Develop a global climate science information kit for media including peer-
reviewed papers that undercut the "conventional wisdom"on climate science. This
kit also will include understandable communications, including simple fact sheets
that present scientific uncertainties in language that the media and public can
understand.
• Conduct briefings by media-trained scientists for science writers in the top 20
media markets, using the information kits. Distribute the information kits to daily
newspapers nationwide with offer of scientists to brief reporters at each paper.
Develop, disseminate radio news releases featuring scientists nationwide, and
offer scientists to appear on radio talk shows across the country.
• Produce, distribute a steady stream of climate science information via facsimile
and e-mail to science writers around the country.
• Produce, distribute via syndicate and directly to newspapers nationwide a steady
stream of op-ed columns and letters to the editor authored by scientists.
• Convince one of the major news national TV journalists (e.g., John Stossel ) to
produce a report examining the scientific underpinnings of the Kyoto treaty.
• Organize, promote and conduct through grassroots organizations a series of
campus/community workshops/debates on climate science in 10 most important
states during the period mid-August through October, 1998.
• Consider advertising the scientific uncertainties in select markets to support
national, regional and local (e.g., workshops / debates), as appropriate.
National Media Program Budget -- $600,000 plus paid advertising
II. Global Climate Science Information Source: Develop and implement a program to
inject credible science and scientific accountability into the global climate debate, thereby
raising questions about and undercutting the "prevailing scientific wisdom." The strategy
will have the added benefit of providing a platform for credible, constructive criticism of
the opposition's position on the science.
Tactics: As with the National Media Relations Program, these activities will be
undertaken between now and the next climate meeting in Buenos Aires, Argentina, in
November 1998, and will continue thereafter. Initiatives will be launched as soon as the
plan is approved, funding obtained, and the necessary resources arranged and deployed.
• Establish a Global Climate Science Data Center. The GCSDC will be established
in Washington as a non-profit educational foundation with an advisory board of
respected climate scientists. It will be staffed initially with professionals on loan
from various companies and associations with a major interest in the climate
issue. These executives will bring with them knowledge and experience in the
following areas.
• Overall history of climate research and the IPCC process;
• Congressional relations and knowledge of where individual Senators stand

on the climate issue;
• Knowledge of key climate scientists and where they stand;
• Ability to identify and recruit as many as 20 respected climate scientists to

serve on the science advisory board;
• Knowledge and expertise in media relations and with established

relationships with science and energy writers, columnists and editorial
writers;
• Expertise in grassroots organization; and
• Campaign organization and administration.
The GCSDC will be led by dynamic senior executive with a major personal commitment
to the goals of the campaign and easy access to business leaders at the CEO level. The
Center will be run on a day-to-day basis by an executive director with responsibility for
ensuring targets are met. The Center will be funded at a level that will permit it to
succeed, including funding for research contracts that may be deemed appropriate to fill
gaps in climate science (e.g., a complete scientific critique of the IPCC research and its
conclusions).
• The GCSDC will become a one-stop resource on climate science for members of
Congress, the media, industry and all others concerned. It will be in constant
contact with the best climate scientists and ensure that their findings and views
receive appropriate attention. It will provide them with the logistical and moral
support they have been lacking. In short, it will be a sound scientific alternative to
the IPCC. Its functions will include:
• Providing as an easily accessible database (including a website) of all

mainstream climate science information.
• Identifying and establishing cooperative relationships with all major

scientists whose research in this field supports our position.
• Establishing cooperative relationships with other mainstream scientific

organizations (e.g., meteorologists, geophysicists) to bring their
perspectives to bear on the debate, as appropriate.
• Developing opportunities to maximize the impact of scientific views

consistent with ours with Congress, the media and other key audiences.
• Monitoring and serving as and early warning system for scientific

developments with the potential to impact on the climate science debate,
pro and con.
• Responding to claims from the scientific alarmists and media.

• Providing grants for advocacy on climate science, as deemed appropriate.
Global Climate Science Data Center Budget --- $5,000,000 (Spread over two years
minimum)
III. National Direct Outreach and Education: Develop and implement a direct outreach
program to inform and educate members of Congress, state officials, industry leadership,
and school teachers/students about uncertainties in climate science. This strategy will
enable Congress, state officials and industry leaders will be able to raise such serious
questions about the Kyoto treaty's scientific underpinnings that American policy-makers
not only will refuse to endorse it, they will seek to prevent progress toward
implementation at the Buenos Aires meeting in November or through other ways.
Informing teachers/students about uncertainties in climate science will begin to erect a
barrier against further efforts to impose Kyoto-like measures in the future.
Tactics: Informing and educating members of Congress, state officials and industry
leaders will be undertaken as soon as the plan is approved, funding is obtained, and the
necessary resources are arrayed and will continue through Buenos Aires and for the
foreseeable future. The teachers/students outreach program will be developed and
launched in early 1999. In all cases, tactical implementation will be fully integrated with
other elements of this action plan.
• Develop and conduct through the Global Climate Science Data Center science
briefings for Congress, governors, state legislators, and industry leaders by
August 1998.
• Develop information kits on climate science targeted specifically at the needs of

government officials and industry leaders, to be used in conjunction with and
separately from the in-person briefings to further disseminate information on
climate science uncertainties and thereby arm these influentials to raise serious
questions on the science issue.
• Organize under the GCSDC a "Science Education Task Group" that will serve as
the point of outreach to the National Science Teachers Association (NSTA) and
other influential science education organizations. Work with NSTA to develop
school materials that present a credible, balanced picture of climate science for
use in classrooms nationwide.
• Distribute educational materials directly to schools and through grassroots

organizations of climate science partners (companies, organizations that
participate in this effort).
National Direct Outreach Program Budget ---- $300,000
IV. Funding/Fund Allocation: Develop and implement program to obtain funding, and to
allocate funds to ensure that the program is carried out effectively.
Tactics: This strategy will be implemented as soon as we have the go-ahead to proceed.
• Potential funding sources were identified as American Petroleum Institute (API)

and its members; Business Round Table (BRT) and its members, Edison Electric
Institute (EEI) and its members; Independent Petroleum Association of America
(IPAA) and its members; and the National Mining Association (NMA) and its
members.
• Potential fund allocators were identified as the American Legislative Exchange

Council (ALEC), Committee For A Constructive Tomorrow (CFACT),
Competitive Enterprise Institute , Frontiers of Freedom and The Marshall
Institute.
Total Funds Required to Implement Program through November 1998 ---- $2,000,000 (
A significant portion of funding for the GCSDC will be deferred until 1999 and beyond)
Measurements
Various metrics will be used to track progress. These measurements will have to be
determined in fleshing out the action plan and may include:
• Baseline public / government official opinion surveys and periodic follow-up

surveys on the percentage of Americans and government officials who recognize
significant uncertainties in climate science.
• Tracking the percent of media articles that raise questions about climate science.
• Number of Members of Congress exposed to our materials on climate science.
• Number of communications on climate science received by Members of Congress
from their constituents.
• Number of radio talk show appearances by scientists questioning the "prevailing
wisdom" on climate science.
• Number of school teachers / students reached with our information on climate
science.
• Number of science writers briefed and who report upon climate science
uncertainties.
• Total audience exposed to newspaper, radio, television coverage of science
uncertainties.

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Home > Exxon Knew Climate Change Was Coming, but What Matters Is What Exxon Did
< Back to Post
Exxon Knew Climate Change Was Coming, but What Matters Is What
Exxon Did
by Cindy Baxter
November 12, 2015
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Exxon wants you to think it has stopped funding climate science denial ... it hasn't.
Expose Exxon protesters hold signs outside the 2006 ExxonMobil Annual General Meeting of Shareholders at the
Meyerson Symphony Center.
© Rex Curry / Greenpeace
This article was originally published by the Climate Investigations Center.
In the wake of Inside Climate News and Los Angeles Times investigations into ExxonMobil’s climate science, the company
has been terribly busy telling the world that it stands by its scientific work.
In a classic example of Public Relations 101, ExxonMobil’s head of PR, Ken Cohen, has been huffing and puffing and
standing up for climate science, pushing everybody’s focus onto the studies Exxon funded.
But this isn’t the point. Yes, it’s now clear that #ExxonKnew. As Neela Bannerjee of Inside Climate News said this week
5 of 11 5/14/16, 1:29 PM
about her investigation:
“I came away with enormous regard for many of the Exxon scientists who researched climate change and for
the managers and executives who gave them the resources and latitude to freely investigate a problem their own
company was contributing to.”
What Exxon did next is what we think the New York state Attorney General should focus on in his investigation. If Exxon
had climate scientists on the case, and it knew all that it did, then how could it have done what it did next?
Ken Cohen is, according to The Holmes Report, “a lifetime Exxon employee,” having been with the company since 1977.
He’s the Vice President for Public and Government Affairs, a role he stepped into in 1999 after having been Legal Counsel.
He was promoted into this role by Lee Raymond, company CEO and Chairman, who had long held skeptical views on
climate change.
As part of his role, Cohen is Chairman of the Board of Trustees for the ExxonMobil Foundation, a position he has
held since 1999 and still holds today according to the Foundation’s 2014 tax form.
Ken Cohen, Exxon’s PR

mouthpiece.
And it’s the ExxonMobil Foundation that has portioned out a total of $30.9 million between 1998 and 2014 to think tanks
running climate denial campaigns.
Let us be clear: contrary to media reports, ExxonMobil did not stop funding denial in 2008. It might like you to
think it did, but it’s still funding denial today.
According to Steve Coll in his book “Private Empire: ExxonMobil and American Power:”
“Ken Cohen and his public affairs shop, in tandem with the K Street office in Washington, oversaw
contributions to free-market advocates who published, spoke out and filed lawsuits to challenge policies
designed to reduce greenhouse gas emissions or assess the long-term impact of global warming.”
To the public eye, Exxon’s “Public Information and Policy Research” section of its Worldwide Giving report, published
every year on its website, looked like the company was just giving cash to right wing think tanks as many corporations did.
In the early 2000s, records show numerous grants that have descriptions indicating money dedicated to climate change
work. We saw this in the 2001, 2002, 2003 and 2004 Exxon Worldwide Giving reports.
In 2003, ExxonMobil earmarked more than $1 million worth of grants for climate change and, in 2004, listed over $1.6
million in climate specific grants among the $3.4 million given to groups who were engaged on the climate science and
policy debate.
By “engaged” in the debate, we mean running full-on climate denial campaigns. These were the ExxonMobil-funded army
of climate deniers.
For example, in 2003, “Frontiers of Freedom” received two ExxonMobil grants, $95,000 for “Global Climate Change
Outreach” and $50,000 for “Global Climate Change Activities.”
In 2004, there is a “Climate Change” grant for $10,000 to Steve Milloy’s “Advancement of Sound Science Coalition” — the
“junk science” organization set up by Philip Morris’s PR companies APCO and Burston Marstellar to challenge the science
6 of 11 5/14/16, 1:29 PM
of second hand smoke. Milloy then moved to challenging global warming, ozone depletion, etc.
Also in 2004, the American Leglislative Exchange Council (ALEC) got $222,000 from ExxonMobil, $137,000 of which
was earmarked for climate change issues. ExxonMobil is still funding ALEC today.
Others who were funded for climate change work that year were the George Marshall Institute, Heartland Institute,
the Competitive Enterprise Institute, and the Committee for a Constructive Tomorrow (CFACT), all organizations that are,
to this day, running denial campaigns.
CFACT, Heartland and some of the CEI staff are planning to head to climate talks in Paris this year, where they’ll be
working with leading Republican denier, Senator James “global warming is a the biggest hoax perpetrated on the American
People” Inhofe.
However, the following year things got strange. The public version of Cohen’s ExxonMobil Foundation’s grants contained
no descriptions — instead vague, anodyne explanations (e.g “General Support”), whereas the forms the Foundation
submitted to the IRS contained more detail about the grants. The public version is published in ExxonMobil’s Worldwide
Giving Report, released each spring around the annual shareholders meeting, and officially filed with the IRS as a “990”
form.
The 2005 990 lists a total of $996,500 in grants described as specifically for climate change-related work. The 2005
Worldwide Giving Report has none.
For example:
George Marshall Institute
The 2005 ExxonMobil IRS 990 Form lists $90,000 for “Climate Change & Energy”. The 2005 Worldwide Giving report
lists $90,000 as “General Operating Support”.
CFACT
The ExxonMobil 990 for 2005 in the public Giving report lists $90,000 as “General Support”, whereas the 990 lists this
grant as $90,000 for “Climate Change”.
7 of 11 5/14/16, 1:29 PM
Carbon Dioxide is Our Friend
The Competitive Enterprise Institute got $90,000 that year, listed as “General Operating support” in the public report, but
specified as “environmental programs” in the 990. The following year, the CEI produced a video — “Carbon Dioxide is our
Friend” that caused such an outcry ExxonMobil had to drop funding altogether.
ALEC
The ExxonMobil Foundation 990 lists two grants for climate, $80,000 for “Energy Sustainability Project (Climate Change)”
and $21,500 for “Climate Change Environmental Outreach”.
The 2005 Worldwide Giving report lists the $80,000 grant as “Energy Sustainability Project” without the climate
paranthetical and another grant for $71,500 for “General Operating Support” which appears to be a sum of the $21,500
grant for climate outreach and two grants totaling $50,000, listed in the 990 as “General Operating Support” and “Project
Support.”
There is so much more. But we must ask this question of Ken Cohen:
If you knew all the science, if you stand for good science, why did the foundation you chair spend so
much money on climate denial?
We have so many more questions:
Who, specifically, at the ExxonMobil Foundation solicited and approved these grants?
Who annually reviewed the deliverables on the grants?
Who was the point of contact for the grantees?
Were the proposals coming in from NGOs like Heartland or Frontiers of Freedom or did you select or conduct
8 of 11 5/14/16, 1:29 PM
outreach to those groups to set up these deals?
Climate Hustle
By Cindy Baxter
Climate
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11 of 11 5/14/16, 1:29 PM
CFACT climate and energy workshop for legislators http://www.cfact.org/2014/08/05/cfact-climate-and-energy-worksh...
CFACT climate and

energy workshop for
legislators
August 5, 2014, by David Rothbard, 10 Comments
Like 555
0 Email Share
submit
1 of 5 7/17/16, 5:06 PM
Don’t be intimidated! Don’t back down!
That was the powerful message CFACT spokesmen and I delivered

last week in Dallas to a standing-room-only crowd of state
legislators and other policy experts from across the nation.
The CFACT workshop on “How to Think and Talk about Climate

and Energy Issues” was held as part of the 41st annual national
meeting of the American Legislative Exchange Council, or ALEC –
an outstanding organization that helps state legislators promote
limited government, free markets, and federalism.
According to John Eick, director of ALEC’s Energy, Environment

and Agriculture Task Force, “The workshop provided our legislative
members with much needed facts, data, and historical anecdotes
regarding these key policy areas. Feedback from our members since
the workshop has been nothing but positive, and the panelists
should all be congratulated for a job extremely well done.”
I was privileged to moderate the workshop that included CFACT

senior policy analyst Paul Driessen; publisher and editor of
ClimateDepot.com Marc Morano; and former national field
director for CFACT’s Collegians campus program Robert
Harrelson.
Driessen opened the discussion by talking about the enormous

impact of the growing regulatory burden from Washington – with
regulations now eating up one-sixth of the entire U.S. economy.
He described how an energy boom in places like Texas, Oklahoma,

and North Dakota is revitalizing growth in those areas, but how
environmental extremists and the Obama administration are
pursuing policies to de-develop the U.S. and eventually eliminate
all fossil-fuel use.
Driessen encouraged the crowd not to cede the high moral ground
on these issues, to challenge the regulations wherever possible, and
to publicly hammer the regulators for impairing the health and
welfare of millions of Americans.
Morano brought the house down with his fast-paced and humorous
survey of the global warming landscape – tearing apart the alleged
2 of 5 7/17/16, 5:06 PM
“scientific consensus” on man-made climate change; showing the

absurd extremes to which climate alarmists are going to close off
debate and scare the public; and explaining how science has been
transformed into “climate astrology” with wild predictions of
environmental doom.
He also screened the movie trailer for CFACT’s “Climate Hustle”

film project that brought many laughs and sustained applause from
the crowd.
Harrelson batted cleanup, encouraging the crowd that America’s

youth are not a lost cause on climate and energy issues – and then
detailing how CFACT is successfully educating and mobilizing
college students from coast to coast as part of its Collegians
program.
From bringing in top-notch speakers and conducting student polls,

to having students testify at local and regional hearings, and
making their presence felt at international UN conferences,
Harrelson trumpeted Collegians’ efforts and exhorted the audience
to continue reaching out to youth and to work with CFACT’s local
chapters wherever possible.
Each participant received a special set of “Talking Points for 2014”

on climate and energy issues, and many were introduced to CFACT
and its programs as a prime resource in this arena.
Conferences
ALEC Climate Energy legisltors
About the Author: David

Rothbard
David Rothbard is co-founder and
President of CFACT.
3 of 5 7/17/16, 5:06 PM
Comments Community !
1 Login
♥ Recommend ⤤ Share Sort by Best
Join the discussion…
vexor luthor • 2 years ago

how much money do you receive from
anti-renweable energy companies to put on these
workshops? a few million at least?
△ ▽ • Reply • Share ›
CommonSense > vexor luthor • 2 years ago

Vexor: Here a a few scientists who agree with
this view:
http://www.drroyspencer.com/ab...
http://drtimball.com/_files/dr...
http://www.ltrr.arizona.edu/kk...
Look at their credentials.
I can show you thousands of other scientists
that believe that Global Warming is a hoax. A
real Scientist would never claim a consensus.
Last I heard scientific facts were not
determined by taking a vote. Unless they just
included a vote in the scientific method. Do
some research instead of taking the Snakeoil
Salesmen at face value.
3△ ▽ • Reply • Share ›
vexor luthor > CommonSense

• 2 years ago
Great! I can provide links all day,
brother.
Roy Spencer:
http://www.skepticalscience.co...
Tim F Ball (looks like a real winner! and

yes, those numbers are citations):
The Frontier Centre for Public Policy, a

Canadian think tank, states that Ball
has disputed anthropogenic global
warmingsince the mid 1990s, instead
4 of 5 7/17/16, 5:06 PM
© CFACT All articles on this site may

be republished without modification
and with an attribution of the author
and a hotlink to CFACT.org within the
body of the article.
5 of 5 7/17/16, 5:06 PM
5/17/2016 HCR 1009 Calling for balanced teaching of global warming in the public...
State of South Dakota

EIGHTY-FIFTH SESSION
LEGISLATIVE ASSEMBLY, 2010
363R0643
HOUSE CONCURRENT RESOLUTION NO. 1009
Introduced by: Representatives Kopp, Bolin, Brunner, Cronin, Curd, Feickert, Gosch, Greenfield,
Hamiel, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Lange, Lederman, Moser, Novstrup
(David), Olson (Betty), Olson (Ryan), Pitts, Putnam, Rausch, Russell, Schlekeway, Sly, Steele,
Tidemann, Turbiville, Van Gerpen, Verchio, and Wink and Senators Brown, Abdallah, Bradford,
Haverly, Maher, and Schmidt

A CONCURRENT RESOLUTION, Calling for balanced teaching of global warming in the public
schools of South Dakota.
WHEREAS, the earth has been cooling for the last eight years despite small increases in anthropogenic
carbon dioxide; and
WHEREAS, there is no evidence of atmospheric warming in the troposphere where the majority of
warming would be taking place; and
WHEREAS, historical climatological data shows without question the earth has gone through trends
where the climate was much warmer than in our present age. The Climatic Optimum and Little Climatic
Optimum are two examples. During the Little Climatic Optimum, Erik the Red settled Greenland where
they farmed and raised dairy cattle. Today, ninety percent of Greenland is covered by massive ice sheets,
in many places more than two miles thick; and
WHEREAS, the polar ice cap is subject to shifting warm water currents and the break-up of ice by high
wind events. Many oceanographers believe this to be the major cause of melting
polar ice, not atmospheric warming; and
WHEREAS, carbon dioxide is not a pollutant but rather a highly beneficial ingredient for all plant life
on earth. Many scientists refer to carbon dioxide as "the gas of life"; and
WHEREAS, more than 31,000 American scientists collectively signed a petition to President Obama
stating: "There is no convincing scientific evidence that human release of carbon dioxide, or methane, or
other greenhouse gasses is causing or will, in the foreseeable future, cause catastrophic heating of the
earth's atmosphere and disruption of the earth's climate. Moreover, there is substantial scientific evidence
that increases in atmospheric carbon dioxide will produce many beneficial effects on the natural plant
and animal environments of the earth":
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth
Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature
urges that instruction in the public schools relating to global warming include the following:
(1) That global warming is a scientific theory rather than a proven fact;
(2) That there are a variety of climatological, meteorological, astrological, thermological,
cosmological, and ecological dynamics that can effect world weather phenomena and that the significance
and interrelativity of these factors is largely speculative; and
(3) That the debate on global warming has subsumed political and philosophical viewpoints
http://sdlegislature.gov/docs/legsession/2010/Bills/hcr1009p.htm 1/2
5/17/2016 HCR 1009 Calling for balanced teaching of global warming in the public...
which have complicated and prejudiced the scientific investigation of global warming phenomena; and
BE IT FURTHER RESOLVED, that the Legislature urges that all instruction on the theory of global
warming be appropriate to the age and academic development of the student and to the prevailing
classroom circumstances.
http://sdlegislature.gov/docs/legsession/2010/Bills/hcr1009p.htm 2/2
7/18/2016 HB 1551 - Oklahoma 2011-2012 Regular Session - Open States
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INTRODUCED PASSED HOUSE PASSED SENATE
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Feb 7, 2011 Mar 15, 2012
Oklahoma House Bill
Schools; creating the Scientific Education and Academic Freedom Act; effective date.
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Session: 2011-2012 Regular Session
Bill Subjects:
Education
Sponsors (2):
Gus Blackwell Kim David

primary primary
(Republican) (Republican)
District 61 District 18
Votes
Mar 15, 2012 Mar 15, 2012
(House) THIRD READING (House) EMERGENCY
http://openstates.org/ok/bills/2011-2012/HB1551/ 1/3
••• Yes: 56 ••• Yes: 45
••• No: 12 ••• No: 14
••• Other: 31 ••• Other: 40
Actions
Date Chamber
Mar 21, 2012 Senate Second Reading referred to Education
Mar 19, 2012 Senate First Reading
Mar 19, 2012 House Engrossed, signed, to Senate
Mar 15, 2012 House Referred for engrossment
Mar 15, 2012 House Coauthored by Representative(s) Kern, Bennett
Mar 15, 2012 House Remove Representative Kern as principal House author and substitute with Representative Blackwell
Mar 15, 2012 House Third Reading, Measure passed and Emergency failed: Ayes: 56 Nays: 12; Ayes: 45 Nays: 14
Mar 15, 2012 House General Order
Feb 23, 2012 House Coauthored by Representative(s) Reynolds, Ritze
Feb 23, 2012 House Authored by Senator David (principal Senate author)
Feb 23, 2012 House CR; Do Pass, amended by committee substitute Common Education Committee
Feb 8, 2011 House Second Reading referred to Common Education
Feb 7, 2011 House Authored by Representative Kern
Feb 7, 2011 House First Reading
Bill Text
Introduced DOC House Committee Floor (House) DOC
Substitute DOC
Engrossed DOC
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Data on Open States is automatically collected nightly from the official website of the Oklahoma Legislature. If
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Cancellations
Follows Keystone
XL Rejection
BY ZAHRA HIRJI
Mobil's Chief
Executive Warned
of CO2 From Oil
Sands Fuels in 1982
BY LISA SONG
Denmark Is Kicking
Its Fossil Fuel Habit.
Last March, the Texas State Board of Education Can the Rest of the
World Follow?
approved controversial language in the
BY PHIL MCKENNA
curriculum requiring teachers to cast doubt on
human contributions to climate change. Now,
more than one year later, it appears that rule is FOLLOW
being largely ignored by educators across the
state, a SolveClimate examination has found.
FACEBOOK.COM/INSIDECLIMATENEWS
In fact, dozens of inquiries failed to turn up one
science teacher in Texas whose approach to the
subject of climate change has been at all a ected TWITTER.COM/INSIDECLIMATE
by the amendment to the state science
curriculum. The standard has also done nothing
to turn students against the consensus view of
man-made global warming, according to
educators. WANT MORE STORIES LIKE
THIS ONE?
Some even said that their students are more

receptive than ever to the established science. Contribute To
Our Sta
"It's too 'in the news' for it to
go away," said Paul Caggiano, DONATE
NOW
an environmental science
teacher at St. Pius X High
School in Houston. "When I
ask a kid to do a current
events report, they're not
going to come up with a
skeptical view of climate

http://insideclimatenews.org/news/20100601/skeptics-failing-get-anti-climate-science-agenda-texas-classrooms 2/13
skeptical view of climate

change. They're going to see
it for what it is."
Still, as the scienti c consensus continues to

build worldwide, skeptics of global warming
show no sign of giving up their ght against
teaching the mainstream view in classrooms in
Texas, and across the United States.
Skeptic-Led E orts Aim for 'Objective

Review' of Science
On May 25, the Mesa County School Board in

Colorado received a 700-signature petition from
a local lawyer and conservative activist
demanding that climate change no longer be
taught as scienti c fact in Mesa County schools.
Similarly, in March, the South Dakota State

Legislature passed a bill urging teachers to
make clear to their students that "global
warming is a scienti c theory rather than a
proven fact." And earlier this year, the Kentucky
Science Education and Intellectual Freedom
Act was submitted to the state legislature in an
e ort to encourage debate over "the advantages
and disadvantages" of scienti c theories being
studied.
Though the Kentucky bill died in committee, it

was modeled after a similar bill, which became
Louisiana state law in 2008, and encouraged
teachers "to help students understand, analyze,
critique, and objectively review scienti c
theories," such as climate change.
If these laws sound somewhat redundant —
promoting lessons and teaching techniques that

most educators already use — it's because they
are.
Beyond merely encouraging additional "analysis"

and "objective review," of course, they're
intended to get teachers to devote more class
time to arguments against the existence of
anthropogenic, or man-made, climate change. So
was the case in Texas.
New Climate Language 'Unnecessary,' 'All

Politics,' Teachers Say
In
March 2009, the Texas State Board of

Education changed the language in the state
curriculum to force teachers to analyze and
evaluate "di erent views on the existence of
climate change."
Even in that notoriously conservative state,

however, the e ort appears to be failing.
Jamie Biel, an environmental science teacher at

Lake Travis High School in Austin, for instance,
said the amendment was "unnecessary."
In her classroom, Biel emphasizes that the

Earth's climate undergoes periodic natural

change, she said. But she also makes sure that
students are aware of the empirical data
indicating that human activity has accelerated
the rate and degree of climate change the planet
is currently experiencing.
"We take great pains to make

sure we don't say 'global
warming,' because that turns
a lot of people o . They'll
stop listening if they hear
that," Biel said.
The amendment didn't a ect her own teaching

method. "I've always encouraged my students to
do their own research and fact check and fact
check again, and really explore a topic," she
explained. Nor, Biel said, has it changed the
approach of any other environmental science
teachers she knows.
Though Biel said she encounters resistance to

the theory of man-made climate change "in
every walk of life," the students are often most
interested in learning the correct facts about the
situation.
"They're usually just trying to

gather more information so
they can have a rational
discussion, especially if
they're hearing one thing at
home and one thing at
school," Biel said. "They have
a hard time being able to
separate the wheat from the
cha ... That's mainly what
they're asking: 'Please help us
they're asking: 'Please help us

gure out what's true and
what's not.'"
According to Susan Buhr, director of education

outreach at the Boulder, Co.-based Cooperative
Institute for Research in Environmental
Sciences, respectful dialogue is the "most
important strategy" available to teachers of
climate change.
"You can't let someone who

denies the evidence for
climate change hijack the
classroom, but it has to be a
place where people can
actually discuss things,
whether they re ect the
mainstream or not," said
Buhr, who works with
teachers to promote e ective
and accurate climate science
education.
For Buhr, it's vital that students understand the

nature of science. A pernicious myth about
scienti c theories is the notion that they can be
proven absolutely. That popular fallacy, Buhr
said, enables climate change deniers to argue
that man-made climate change is illegitimate
because it has never been "proven."
"The job of science is to

construct the explanation
that best ts the evidence,"
Buhr explained. "There is
never any absolute proof
about anything. We don't
about anything. We don't

know everything about
gravity, but that doesn't
mean we don't believe it."
Confusion over the nature of scienti c theories

has caused deniers of anthropogenic climate
change to adopt a position more ideological than
scienti c, she said.
"A lot of it has to do more

with a personal or political
identity than it does with real,
intellectual consideration of
the topic," said Buhr.
Indeed, the Board of Education's amendment

urging teachers to teach "di erent views on the
existence of climate change" is "all politics,"
according to Caggiano of the St. Pius X High
School in Houston.
Since he teaches at a Catholic school, Caggiano

doesn't have to adhere the state curriculum
standards. But even if did, he says, he wouldn't
worry about the mandate.
"It's just a piece of paper. I

don't think you're going to
nd teachers who have been
teaching environmental
science who are going to
change their lesson plans
because of it," he said.
Nor does Caggiano think spending more class

time on climate change skepticism would change
students' ultimate conclusions on the topic. The

evidence for dangerously quick climate change is
too ubiquitous for students to ignore, he said.
After teaching the basic principles that govern

Earth's climate and the various ways humans
have a ected the environment, Caggiano shows
his students two documentaries about man-
made climate change, An Inconvenient Truth and
The Eleventh Hour, and asks them to take pro or
con sides on the messages in the lms.
Even in Houston, "a big oil

and gas town, and very much
entrenched in that mentality,"
95 percent of his students
agree that human activity is
the cause of the current rapid
changes in the climate by the
end of the course, Caggiano
end of the course, Caggiano

said.
Most students also reach that conclusion in

Colleen Krockenberger's classes at Memorial
High School, a public school in Houston.
Like Biel, Krockenberger, an environmental

science and biology teacher, has found that the
term "global warming" tends to put students on
edge. Instead, she acknowledges that climate
change causes warming trends in some parts of
the planet and cooling trends in others, though it
does have an average overall warming e ect on
the planet. And she explains that, while climate
change is a natural process, human emissions of
greenhouse gases can enhance it.
Krockenberger presents her students with data

from governmental scienti c bodies that track
changes in temperature and greenhouse gas
emissions over time, but lets the students work
out for themselves the factors causing the
current climate change.
"Because it's such a

polarizing topic, I try to
basically give students the
facts and let them decide on
their own what they really
support and believe," she
said.
At the beginning of the year, Krockenberger

adds, a lot of students say they simply "don't
believe in" anthropogenic climate change. But
after they examine actual data for the rst time,
she said, almost all students come around to the
mainstream scienti c view.
"Once I take the science that

"Once I take the science that

seems to usually be too much
jargon for them to
understand, and break it
down in a way that they can
comprehend, they start to
realize what is going on,
[that] this is a natural
process, but we're adding to
it in a way that enhances it,"
she said. "It's almost like a
'one plus one equals two'
logical progression."
Educators Worry About More Restrictive

Changes
Like Biel and Caggiano, last year's amendment to

the Texas science curriculum standards has
a ected neither Krockenberger's teaching
approach nor that of any teachers she knows.
"I think it was misworded,

because climate change is a
natural process — there's just
no doubt that it exists,"
Krockenberger pointed out.
Many educators Krockenberger knows have

watched the Board of Education's recent
decisions with alarm, she says, and worry about
whether more restrictive curriculum changes lie
in store. But she thinks their alarm may also
impel teachers to get involved with the group,
and ensure they have a louder voice in future
decisions.
And when it comes to the state's long-term

future — its students — Krockenberger is very
hopeful.
"A lot of the kids are getting

their information from news
sources these days, and the
amount of misinformation
out there is really going
down. I feel like my kids are
coming in with a slightly
better understanding of what
climate change is, and what
impact it can have," she said.
"More and more, I'm noticing

that even my younger
students have a stronger
grasp of the science."
See also:
Utah House Passes Resolution Implying

Climate Change Conspiracy
Greenpeace Says Climate Denialism a 20–Year

Industry
Opponents of Climate Regulations Start

Targeting Scientists
Skeptics Exaggerating Science Scandal to

Derail Copenhagen Climate Talks
IPCC Errors: Fact and Spin
What Those Hacked Climate E-Mails Really

Say
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Infographics
5/19/2016 HOUSE BILL 1685 P.N. 2150
PRINTER'S NO. 2150
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1685 Session of 2003
INTRODUCED BY LEWIS, BARRAR, CAPPELLI, CREIGHTON AND ROSS,
JUNE 23, 2003
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 23, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the

2 Pennsylvania Consolidated Statutes, providing for
3 admissibility of expert opinion testimony.
4 The General Assembly of the Commonwealth of Pennsylvania

5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6145. Admissibility of expert opinion testimony.
9 (a) General rule.--Testimony in the form of an opinion
10 concerning a scientific, technical or other specialized matter
11 may be admitted, but only if the court determines that the
12 opinion:
13 (1) Is based on scientific knowledge, where the opinion
14 purports to the scientific, or on technical or specialized
15 knowledge, where the opinion purports to involve knowledge
16 from other technical or specialized disciplines.
17 (2) Will assist the trier of fact to understand the
18 evidence or to determine a fact in issue.
1 (3) Is presented by a witness who is qualified as an

2 expert.
3 (b) Scientific, technical or other specialized knowledge.--
4 In determining whether an opinion is based on scientific,
5 technical or other specialized knowledge and is sufficiently
6 reliable to warrant its admission, the court shall consider,
7 among other factors, whether the opinion follows from or is
8 based on:
9 (1) A theory or methodology developed in accordance with
10 the scientific method, including, where appropriate,
11 publication in the peer-reviewed literature or such other
12 systematic method of acquiring knowledge that is generally
13 accepted in the relevant discipline to ensure reliability and
14 validity.
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2003&sessInd=0&billBody=H&billTyp=B&billNbr=1685&pn=2150 1/2
5/19/2016 HOUSE BILL 1685 P.N. 2150
15 (2) The theory or methodology or the relevant techniques
16 based on the theory or methodology and underlying the opinion
17 have a sufficiently low error rate to ensure reliability or
18 the experimental results underlying the theory or methodology
19 have been replicated by different laboratories and different
20 researchers.
21 (3) The theory, methodology or opinion, as the case may
22 be, is generally accepted in the relevant scientific,
23 technical or other community.
24 (c) Assisting trier of fact.--An opinion shall assist the
25 trier of fact to understand evidence or to determine a fact in
26 issue, if and only if the court determines the following:
27 (1) The relationship between the opinion and the
28 supporting theory and experiments is sufficiently close and
29 congruent so as not to render the opinion speculative.
30 (2) The opinion may be validly and reliably drawn from
20030H1685B2150 -2-
1 the theory.
2 (d) Scope of expert witness testimony.--
3 (1) A witness with knowledge, skill, experience,
4 training or education in a particular field may testify as an
5 expert with respect to that particular field.
6 (2) Notwithstanding paragraph (1), the testimony of an
7 expert witness may not be admitted if the witness is entitled
8 to receive any compensation contingent on the outcome of any
9 claim or case with respect to which the testimony is being
10 offered.
11 Section 2. In interpreting this act, the courts of this
12 Commonwealth shall be guided by the opinions of the Supreme
13 Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
14 579 (1993), General Electric v. Joiner, 522 U.S. 136 (1997), and
15 Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999).
16 Section 3. This act shall apply to any trial commencing on
17 or after the effective date of this act.
18 Section 4. This act shall take effect in 60 days.
A14L42SFL/20030H1685B2150 -3-
http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2003&sessInd=0&billBody=H&billTyp=B&billNbr=1685&pn=2150 2/2
5/19/2016 HB 3129 Text
Introduced Version
H. B. 3129
(By Delegate Walters)
[Introduced March 25, 2013 ; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §491, §492
and §493, all relating to creation of the Verifiable Science Act; and providing for access by the public to any purported
scientific data or other information used as the basis for proposed legislative rules or statutory enactments.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §491, §4
92 and §4 93, all to read as follows:
ARTICLE 9. VERIFIABLE SCIENCE ACT.
§491. Short title.
_____This article is hereby designated as the "Verifiable Science Act."
§492. Declaration of purpose.
_____The Legislature hereby declares that the citizens of this state have a right to access data and other information
resulting from state funded studies, either in whole or in part, that are relied on as justification for the development of state
law, legislative rules or as the basis for any state enforcement action. Any legislative rules proposed in reliance on the
results of any purported scientific studies or data derived therefrom, must be justified by pertinent, ascertainable, and peer
reviewed science which shall be made available to the public upon request.
§493. State responsibilities.
_____Any scientific documentation, statistics, reports or research relied upon to support a proposed legislative rule or
proposed statutory change, amendment or addition, policy statement, official report, legislative study or any other official
action leading directly to the adoption of new legislative rules or statutory enactments, shall be made available to the public
upon request as provided by article one, chapter twentynineb.
NOTE: The purpose of this bill is to provide that the public may request and shall receive, access under the state
Freedom of Information Act to any purported scientific data used as the basis for proposed legislative rules or statutory
enactments.
This article is new; therefore, it has been completely underscored.
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3129%20intr.htm&yr=2014&sesstype=RS&i=3129 1/1
5/19/2016 HB 3129 Text
Introduced Version
H. B. 3129
(By Delegate Walters)
[Introduced March 25, 2013 ; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §491, §492
and §493, all relating to creation of the Verifiable Science Act; and providing for access by the public to any purported
scientific data or other information used as the basis for proposed legislative rules or statutory enactments.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §491, §4
92 and §4 93, all to read as follows:
ARTICLE 9. VERIFIABLE SCIENCE ACT.
§491. Short title.
_____This article is hereby designated as the "Verifiable Science Act."
§492. Declaration of purpose.
_____The Legislature hereby declares that the citizens of this state have a right to access data and other information
resulting from state funded studies, either in whole or in part, that are relied on as justification for the development of state
law, legislative rules or as the basis for any state enforcement action. Any legislative rules proposed in reliance on the
results of any purported scientific studies or data derived therefrom, must be justified by pertinent, ascertainable, and peer
reviewed science which shall be made available to the public upon request.
§493. State responsibilities.
_____Any scientific documentation, statistics, reports or research relied upon to support a proposed legislative rule or
proposed statutory change, amendment or addition, policy statement, official report, legislative study or any other official
action leading directly to the adoption of new legislative rules or statutory enactments, shall be made available to the public
upon request as provided by article one, chapter twentynineb.
NOTE: The purpose of this bill is to provide that the public may request and shall receive, access under the state
Freedom of Information Act to any purported scientific data used as the basis for proposed legislative rules or statutory
enactments.
This article is new; therefore, it has been completely underscored.
http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB3129%20intr.htm&yr=2014&sesstype=RS&i=3129 1/1
5/19/2016 Verifiable Science Act Exposed - ALEC Exposed
Verifiable Science Act Exposed

From ALEC Exposed
The Verifiable Science Act (http://www.alecexposed.org/w/images/6/60/3H19-

Verifiable_Science_Act_Exposed.pdf) was adopted by ALEC's Natural Resources Task Force at the Spring
Task Force Summit on May 5, 2000, approved by the full ALEC Board of Directors in June, 2000.
According to ALEC.org, the Act was approved by the Board of Directors in January, 2001, re-approved on
January 28, 2013. (Accessed on 7/24/2015).
CMD's Bill Summary

This "model" bill subjects the scientific basis for all regulations and laws to state Freedom of Information
Act (http://www.sourcewatch.org/index.php/Freedom_of_Information_Act_(USA)) / Open Records laws. It
is likely intended to allow climate-change deniers and other anti-environmentalists to challenge regulations
using pseudo-science. However, much of this data is already likely readily accessible under long-standing
FOIA or sunshine statutes.
ALEC Bill Text

Summary
In order to protect citizens from arbitrary and capricious regulations promulgated without any impetus that
is justified by pertinent, ascertainable, and peer-reviewed science, this act guarantees citizens the right to
access scientific data that is used to develop public policies.
Model Legislation
Section 1. {Title}
This act shall be known as the Verifiable Science Act.
Section 2. {State rights.}
Citizens have a right to access data from state funded studies in whole or in part, that are used for
development of state law or regulation or enforcement action. Any regulations promulgated by the results of
such studies shall be justified by pertinent, ascertainable, and peer-reviewed science.
Section 3. {State responsibilities.}
Any scientific documentation, statistics, reports, or research must be made available to the public through
(provisions of the state Freedom of Information Act) whenever such scientific data is used, in part or in
whole, as the basis for proposed statutes, regulations, guidance documents, policy statements, official
reports, legislative studies, or any other pronouncements which might carry the weight of law or which
might be intended to lead directly to new regulations or statutes.
http://www.alecexposed.org/wiki/Verifiable_Science_Act_Exposed 1/2
5/19/2016 Verifiable Science Act Exposed - ALEC Exposed
Section 4. {Severability clause.}
Section 5. {Repealer clause.}
Section 6. {Effective date.}
Adopted by ALEC's Natural Resources Task Force at the Spring Task Force Summit May 5, 2000.
Approved by full ALEC Board of Directors June, 2000.
Retrieved from "http://www.alecexposed.org/w/index.php?

title=Verifiable_Science_Act_Exposed&oldid=7678"
This page was last modified on 21 March 2016, at 12:59.

Content is available under Creative Commons Attribution Share Alike unless otherwise noted.
http://www.alecexposed.org/wiki/Verifiable_Science_Act_Exposed 2/2
5/20/2016 Resolution on Federal Multi-Emission Reduction Legislation Exposed - ALEC Exposed
Resolution on Federal Multi-Emission Reduction

Legislation Exposed
From ALEC Exposed
The Resolution on Federal Multi-Emission Reduction Legislation

(http://www.alecexposed.org/w/images/c/cd/3B4-Resolution_on_Federal_Multi-
Emission_Reduction_Legislation_Exposed.pdf) was adopted by ALEC's Natural Resources Task Force at
the Annual Meeting on August 1, 2003, approved by the full ALEC Board of Directors in August, 2003.
ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in
2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into
law.
ALEC Resolution Text

WHEREAS, the federal government, state and local governments and communities, and electric power
providers have a common interest in assuring compliance with our Nation’s air quality goals; and
WHEREAS, electric power providers have significantly reduced air emissions, but additional reductions are
needed to help address these air quality goals; and
WHEREAS, the Clean Air Act provides for continued reductions in emissions of sulfur dioxide (SO2),
nitrogen oxides (NOx) and mercury from electric power facilities with numerous regulatory decisions
mandated over the next two decades that will have unpredictable outcomes; and
WHEREAS, implementation of the Clean Air Act's multiple, overlapping requirements could be
streamlined to facilitate greater, more efficient and more certain emission reductions, that would reduce
litigation that often causes significant delays in achieving air quality goals; and
WHEREAS, a new federal emission reduction program could help to resolve regional and national air
quality challenges, interstate environmental conflicts and reduce inconsistencies between state programs;
and
WHEREAS, the implications of any emission reduction programs on consumer energy prices and electric
power reliability must be factored into policy decisions.
NOW, THEREFORE BE IT RESOLVED, that _______ calls for the U.S. Congress to pass multi-emission
legislation in 2003 that significantly reduces emissions of SO2, NOx and mercury from electric power
generators and helps the Nation toward attainment of federal air quality standards without exacerbating
imbalances in the natural gas market; and
BE IT FURTHER RESOLVED, that the final multi-emission reduction program should maintain and
encourage a diverse fuel supply that will benefit states and local communities, consumers and
manufacturers, as well as maintain and promote electric power reliability, availability and affordability; and
http://www.alecexposed.org/wiki/Resolution_on_Federal_Multi-Emission_Reduction_Legislation_Exposed 1/2
5/20/2016 Resolution on Federal Multi-Emission Reduction Legislation Exposed - ALEC Exposed
BE IT FURTHER RESOLVED, that reductions under such a program should be achieved using an
emissions cap-and-trade approach patterned after the successful Clean Air Act acid rain program; and
BE IT FURTHER RESOLVED, that the ongoing development of combined heat and power units be
encouraged by exempting energy efficient and low-emitting units from multi- emission legislation and
allowing them to opt-in to the program; and
BE IT FURTHER RESOLVED, that such a program should streamline Clean Air Act
BE IT FURTHER RESOLVED, that such a program should streamline Clean Air Act provisions given that
SO2, NOx and mercury emissions caps will substantially reduce the amount of emissions from electric
power facilities; and
BE IT FURTHER RESOLVED, that such a program should require strict enforcement by the U.S.
Environmental Protection Agency and strict fines for violations; and
BE IT FURTHER RESOLVED, that we support the Clear Skies Initiative provided that the final version
does not contain carbon dioxide emission or carbon sequestration regulations or standards. We urge the
President to veto any legislation that contains carbon dioxide emission standards.
BE IT FINALLY RESOLVED, that this Resolution be dispatched to the President, Members of Congress,
Governors and other local officials, as is appropriate.
Adopted by ALEC's Natural Resources Task Force at the Annual Meeting August 1, 2003.
Approved by full ALEC Board of Directors August, 2003.
Retrieved from "http://www.alecexposed.org/w/index.php?title=Resolution_on_Federal_Multi-

Emission_Reduction_Legislation_Exposed&oldid=7628"
This page was last modified on 18 March 2016, at 13:54.

Content is available under Creative Commons Attribution Share Alike unless otherwise noted.
http://www.alecexposed.org/wiki/Resolution_on_Federal_Multi-Emission_Reduction_Legislation_Exposed 2/2

ALEC - 1999 Leaders in the States http://web.archive.org/web/200012080343/http:/www.alec.org/vie...
http://www.alec.org/viewpage.cfm?id=716&xsectionid=5 Go NOV DEC
7 captures 8
8 Dec 00 - 22 Jun 13 1999 2000
’99 ALEC Leaders in the States

For over twenty five years, the citizen legislators of the American Legislative
Exchange Council have advanced a common sense, conservative agenda based on
the fundamental Jeffersonian principles of free markets, limited government,
federalism and individual liberty. Today, with 3,000 members, ALEC is the largest
bipartisan, individual membership association of state legislators in the nation. In
addition to the senior leadership positions listed here, hundreds of other ALEC
members are chairmen or ranking members of committees and caucuses, or hold
other significant and influential positions. Legislators also contribute to advancing
the ALEC agenda by serving on ALEC’s Board of Directors, or as State or Task
Force Chairs. ALEC alumni include 13 sitting or former governors, three lieutenant
governors, and 81 are current members of Congress.

Summary

Speakers of the House/Pro Tempores 43
House Majority Leaders 21
House Minority Leaders 13
Senate Presidents/Pro Tempores 22
Senate Majority Leaders 12
Senate Minority Leaders 11
Governors (including alumni) 13
Lt. Governors (including alumni) 3
Members of Congress 81

Go to Gubernatorial and Congressional Alumni

Alabama

Representative Demetrius C. Newton
Speaker Pro Tempore
Representative Bob McKee
ALEC State Chair

Alaska

Representative Joseph P. Green
House Majority Leader
Senator Pete Kelly
ALEC State Chair

Arizona

1 of 14 5/15/16, 11:39 AM
Senate President Brenda Burns Go NOV DEC

1999 ALEC National Chair
7 captures
Speaker Jeff Groscost
8
8 Dec 00 - 22 Jun 13 1999 2000
Senator John Wettaw
Senate President Pro Tempore
Senator Russell W. Bowers
Senate Majority Leader
Representative Lori S. Daniels
House Majority Leader/ALEC State Chair
Representative Wes Marsh
ALEC Trade and Transportation
Task Force Chair

Arkansas

Senator Stanley Russ
Representative Steve Faris
Honorable Bobby Hogue
former Speaker/1998 Immediate Past ALEC National Chairman

California

Senator Ray Haynes
Senate Minority Whip/
1999 ALEC First Vice Chair
Assemblyman Rod Pacheco
Assembly Minority Leader
Assemblyman Howard Kaloogian
ALEC State Chair

Colorado

Senate President Ray Powers
ALEC National Director/
1995 ALEC National Chairman
Speaker Russell George
Senator Douglas Lamborn
Senator Tom Blickensderfer
Senator David Owen
ALEC National Director/State Chair
Representative William G. Kaufman
Speaker Pro Tempore
Representative Doug Dean

Connecticut

Governor John G. Rowland
Lt. Governor Jodi Rell
Senator M. Adela Eads
Senate Minority Leader
2 of 14 5/15/16, 11:39 AM
Senator George L. Gunther Go NOV DEC

ALEC National Director
7 captures
Representative Robert M. Ward
8
8 Dec 00 - 22 Jun 13 1999 2000
House Minority Leader
Representative John Harkins
ALEC State Chair

Delaware

Speaker Terry R. Spence
Senator Thomas B. Sharp
President Pro Tempore
Senator Thurman Adams
Senator Steven Amick
Representative Wayne Smith
Representative Robert Gilligan
Representative Charles Welch
House Majority Whip
Delegate Joe DiPinto
ALEC State Chair

Florida

Speaker John Thrasher
Senator Jack Latvala
Senate Republican Leader
Representative Dennis L. Jones
Speaker Pro Tempore
Representative Jerry L. Maygarden.
Representative Debby Sanderson
State Chair

Georgia

Representative Len Walker
Representative Robert Irvin
Representative Earl Ehrhart
State Chair

Hawaii

Representative David Stegmaier
ALEC State Chair

Idaho

3 of 14 5/15/16, 11:39 AM
Speaker Bruce Newcomb Go NOV DEC

Senator Jerry T. Twiggs
7 captures
8
8 Dec 00 - 22 Jun 13 1999 2000
Senator James Risch
Representative Frank Bruneel
Senator Sheila Sorensen
ALEC State Chair

Illinois

Senate President James "Pate" Philip
Majority Leader
Representative Lee Daniels
Senator Doris Karpiel
ALEC State Chair
Senator Kirk Dillard
ALEC Civil Justice Task Force Chair

Indiana

Speaker John Gregg
Senator Robert Garton
Senator Joseph W. Harrison
Representative Paul Mannweiler
House Republican Leader
Representative Robert Behning
ALEC State Chair

Iowa

Senate President Mary Kramer
Speaker Ron J. Corbett
Senator Donald Redfern
Senator Stewart Iverson, Jr.
Senator Michael E. Gronstal
Representative Christopher C. Rants
Speaker Pro Tempore
Representative Brent Siegrist
Representative David Schrader
Representative Sandy Greiner
ALEC State Chair
Representative Dolores Mertz
ALEC Health and Human Services
Task Force Chair

4 of 14 5/15/16, 11:39 AM
NOV DEC
Kansas Go
7 captures 8
Speaker
8 Dec 00 Robin
- 22 JunJennison
13 1999 2000
Senate President Richard L. Bond
Representative Doug Mays
Speaker Pro Tempore
Representative Kent Glasscock
Representative Susan Wagle
Representative Anthony Powell
ALEC State Chair

Kentucky

Senator Richard Roeding
ALEC State Chair

Louisiana

Governor Mike Foster
Speaker "Hunt" Downer, Jr.
Representative Donald Ray Kennard
1999 ALEC Secretary
Representative C. Emile "Peppi" Bruneau, Jr.
Speaker Pro Tempore
Senator Noble Ellington
ALEC State Chair
Representative Glenn Ansardi
ALEC State Vice Chair

Maine

Representative Jean Ginn Marvin
ALEC State Chair

Maryland

Senator Martin G. Madden
Delegate Robert H. Kittleman
Delegate Nancy Stocksdale
ALEC State Chair
Delegate Martha Klima
ALEC Telecommunications and Information Technology
Task Force Chair

Massachusetts

Speaker Thomas M. Finneran
Representative William McManus, II
ALEC State Chair

5 of 14 5/15/16, 11:39 AM
NOV DEC
Michigan Go
7 captures 8
Governor
8 Dec 00 - John 13 Engler
22 Jun M. 1999 2000
Lt. Governor Dick Posthumus
Senator John Schwarz
Senator Philip Hoffman
Representative Patricia Birkholz
House Speaker Pro Tempore
Representative Andrew Raczkowski
Representative Mary Ann Middaugh
ALEC State Chair

Minnesota

Speaker Steven Sviggum
Representative Lynda Boudreau
Co-Speaker Pro Tempore
Senator Linda Runbeck
ALEC State Chair

Mississippi

Speaker Tim Ford
Senator Tommy Gollot
Senator William Hewes, III
Representative Jim Barnett
ALEC State Chair

Missouri

Senator Ronnie DePasco
Senator Steven Ehlmann
Representative Gary Burton
ALEC State Chair

Montana

Senator Ken Miller
ALEC State Chair

Nebraska

Speaker of the Legislature
Doug Kristensen
George Coordsen
Chairperson, Exec. Board of Leg. Council
Senator Pat Engel
6 of 14 5/15/16, 11:39 AM
ALEC State Chair Go NOV DEC

7 captures 8
Nevada
8 Dec 00 - 22 Jun 13 1999 2000

Speaker Joseph Dini, Jr.
Senator William J. Raggio
Senate Majority Leader/
ALEC National Director/1993 ALEC National Chairman
Senator Dean Rhoads
Assemblyman Lynn Hettric
Assembly Minority Leader
Senator Randolph Townsend
ALEC State Chair

New Hampshire

Speaker Nancy Stickney
Representative Gary Daniels
ALEC State Chair

New Jersey

Senate President Donald Di Francesco
Assemblyman Nicholas Felice
Assembly Speaker Pro Tempore
Assemblywoman Clare Farragher
ALEC State Chair

New Mexico

Representative Ted Hobbs
House Minority Floor Leader
Representative Terry Marquardt
ALEC State Chair

New York

Governor George Pataki
Senator Joseph Bruno
Senate President Pro Tempore/Majority Leader
Senator Owen Johnson
Senate Vice President Pro Tempore/ALEC 1987 National
Chairman/
Senator Vincent L. Leibell
ALEC State Chair
Assemblyman Robert Straniere
Assemblyman Marc Herbst
ALEC State Chair

North Carolina

Speaker James B. Black
7 of 14 5/15/16, 11:39 AM
Representative Harold Brubaker Go NOV DEC

ALEC National Director/1994 ALEC National Chairman
7 captures
Representative Richard Morgan
8
8 Dec 00 - 22 Jun 13 1999 2000
ALEC State Chair

North Dakota

Speaker Francis Wald
Senator Wayne Stenehjem
Senator Gary Nelson
Representative John Dorso
Representative Merle Boucher
Representative Alan Carlson
ALEC State Chair

Ohio

Speaker Jo Ann Davidson
Representative Dale Van Vyven
1996 ALEC National Chairman
Senator Robert Cupp
Representative Randall Gardner
Speaker Pro Tempore
Representative Pat Tiberi
House Majority Floor Leader
Senator Lynn Wachtmann
ALEC State Chair

Oklahoma

Governor Frank Keating
Lt. Governor Mary Fallin
Senator Jim Dunlap
1999 ALEC Treasurer
Representative Fred Morgan
ALEC State Chair
Representative Doug Miller
ALEC State Chair

Oregon

Senate President Brady Adams
Speaker Lynn Snodgrass
Senator Randy Miller
Senator Gene Derfler
Representative Ken Strobeck
8 of 14 5/15/16, 11:39 AM
Speaker Pro Tempore Go NOV DEC

Representative Steve Harper, Majority Leader
7 captures
Senator Eileen Qutub,
8
8 Dec 00 - 22 Jun 13 1999 2000
Representative Jim Welsh
ALEC Energy, Environment, Natural Resources and Agriculture
Task Force Chair

Pennsylvania

Speaker Matthew J. Ryan
Senator Robert Jubelirer
Senator F. Joseph Loeper
Representative John Perzel
Representative Robert Flick
ALEC State Chair
Representative Howard Fargo
ALEC Tax & Fiscal Policy Task Force Chair

Rhode Island

Speaker John B. Harwood
Representative Gerard Martineau
Representative Robert Watson
Senator Michael Flynn
ALEC State Chair

South Carolina

Speaker David Wilkins
Representative Terry Haskins
Speaker Pro Tempore
Representative Robert Harrell, Jr.
Senator William Mescher
ALEC State Chair

South Dakota

Speaker Roger Hunt
Representative Robert HarrellHouse Majority Leader
Representative Kristie Fiegen
ALEC State Chair

Tennessee

Representative Steve McDaniel
House Minority Leader/1999 ALEC Second Vice Chair
Senator Ben Atchley
Representative James Boyer
9 of 14 5/15/16, 11:39 AM
ALEC State Chair Go NOV DEC

7 captures 8
Texas
8 Dec 00 - 22 Jun 13 1999 2000

Representative D. R. "Tom" Uher
House Speaker Pro Tempore/ALEC State Chair
Senator Teel Bivins
Representative Kent Grusendorf
ALEC Education Task Force Chair

Utah

Speaker Martin Stephens
Senator Lyle Hillyard
Representative Kevin Garn
Representative Marda Dillree
ALEC State Chair

Vermont

Senator John H. Bloomer, Jr.
Representative Walter Freed
Representative Frank Mazur
ALEC State Chair

Virginia

Senator Walter A. Stosch
Senate Republican Floor Leader
Representative Vance Wilkins, Jr.
Senator Stephen Martin
ALEC State Chair

Washington

Co-Speaker Clyde Ballard
Representative Barbara Lisk
Senator Val Stevens
ALEC State Chair
Representative Kathy Lambert
ALEC Criminal Justice Task Force Chair

West Virginia

Speaker Robert Kiss
Senator Vic Sprouse
10 of 14 5/15/16, 11:39 AM
Senator Michael Oliverio Go NOV DEC

ALEC State Chair
7 captures 8
8 Dec 00 - 22 Jun 13 1999 2000
Wisconsin

Governor Tommy Thompson
Speaker Scott Jensen
Senator Michael Ellis
Assemblywoman Margaret Farrow
Assembly Speaker Pro Tempore
Assemblyman Steven Foti
Assembly Majority Leader
Senator Robert Welch
ALEC State Chair
Representative Dan Vrakas
ALEC Commerce and Economic
Development Task Force Chair

Wyoming

Governor Jim Geringer
Senate President Jim Twiford
Speaker Eli Debout
Senator Henry Coe
Representative Harry Tipton
Speaker Pro Tempore
Representative Rick Tempest

ALEC Alumini

Gubernatorial Alumni

Sitting Governors

Governor John Engler
Michigan
First elected in Nov. 1990
1993 Thomas Jefferson Freedom Award Recipient

Governor Mike Foster
Louisiana

Governor Jane Dee Hull
Arizona

Governor Jim Geringer
Wyoming
11 of 14 5/15/16, 11:39 AM
Go NOV DEC
Governor Frank Keating
7 captures
Oklahoma
8
8 Dec 00 - 22 Jun 13 1999 2000

Governor George Pataki
New York

Governor John Rowland
Connecticut

Governor Tommy Thompson
Wisconsin
1991 Thomas Jefferson Freedom Award Recipient

Past Governors

Governor George Allen
Virginia, 1994-1998
ALEC Jefferson Scholar/
1996 Thomas Jefferson Freedom Award

Governor Phil Batt
Idaho, 1995-1999

Governor David Beasley
South Carolina, 1995-1999

Governor Terry Branstad
Iowa, 1983-1999
ALEC Founding Member/
1996 ALEC Pioneer Award

Governor Jim Edgar
Illinois, 1991-1999

Governor Arne Carlson
Minnesota, 1991-1999

ALEC Alumni Serving in 106th Congress

U.S. Senate

Senator Spencer Abraham (R-MI)
Senator Wayne Allard (R-CO)
Senator Ben Nighthorse Campbell (R-CO)
Chairman, Indian Affairs Committee
Senator Paul Coverdell (R-GA)
Republican Conference Secretary
Senator Michael B. Enzi (R-WY)
Senator Tim Hutchinson (R-AR)
Senator James M. Inhofe (R-OK)
Senator Jon Kyl (R-AZ)
12 of 14 5/15/16, 11:39 AM
Senator Don Nickles (R-OK) Go NOV DEC

Assistant Majority Leader
7 captures
Senator Richard C. Shelby (R-AL)
8
8 Dec 00 - 22 Jun 13 1999 2000
Chairman, Select Committee on Intelligence
Senator Craig Thomas (R-WY)

U.S. House of Representatives

Speaker of the House Dennis Hastert
Representative Spencer Bachus (R-AL)
Representative Richard H. Baker (R-LA)
Representative James A. Barcia (D-MI)
Representative Bill Barrett (R-NE)
Representative Charles F. Bass (R-NH)
Representative John A. Boehner (R-OH)
Representative Leonard L. Boswell (D-IA)
Representative F. A. Boyd (D-FL)
Representative Kevin Brady (R-TX)
Representative Dan Burton (R-IN)
Chairman, House Government
Reform Committee
Representative David Camp (R-MI)
Representative Howard Coble (R-NC)
Representative Michael Collins (R-GA)
Representative Merrill Cook (R-UT)
Representative Philip M. Crane (R-IL)
Representative Barbara Cubin (R-WY)
Representative Pat Danner (D-MO)
Representative James O. Davis (D-FL)
Representative Tom DeLay (R-TX)
House Majority Whip
Representative Peter Deutsch (D-FL)
Representative John T. Doolittle (R-CA)
Representative Robert L. Ehrlich (R-MD)
Representative Thomas W. Ewing (R-IL)
Representative Mark Foley (R-FL)
Representative Bob Franks (R-NJ)
Representative Rodney Frelinghuysen (R-NJ)
Representative Paul E. Gillmor (R-OH)
Representative Virgil H. Goode (D-VA)
Representative Lindsey Graham (R-SC)
Representative James C. Greenwood (R-PA)
Representative Gil Gutknecht (R-MN)
Representative Richard Hastings (R-WA)
Representative Joel Hefley (R-CO)
Representative Henry J. Hyde (R-IL)
Chairman, House Judiciary Committee/
ALEC Founding Member/1998 ALEC Pioneer Award Recipient
Representative Ernest J. Istook (R-OK)
Representative Nancy L. Johnson (R-CT)
Representative Sam Johnson (R-TX)
Representative Walter B. Jones (R-NC)
Representative John R. Kasich (R-OH)
Chairman, House Budget Committee
Representative Jack Kingston (R-GA)
Representative Jerry Lewis (R-CA)
Representative John Linder (R-GA)
13 of 14 5/15/16, 11:39 AM
Representative Frank A. LoBiondo (R-NJ) Go NOV DEC

Representative Frank D. Lucas (R-OK)
7 captures
Representative Karen McCarthy (D-MO)
8
8 Dec 00 - 22 Jun 13 1999 2000
Representative John M. McHugh (R-NY)
Representative Scott McInnis (R-CO)
Representative Jack Metcalf (R-WA)
Representative John L. Mica (R-FL)
Representative Jerry Moran (R-KS)
Representative Robert W. Ney (R-OH)
Representative Anne M. Northup (R-KY)
Representative John E. Peterson (R-PA)
Representative Joseph R. Pitts (R-PA)
Representative Jim Ramstad (R-MN)
Representative James E. Rogan (R-CA)
Representative Ileana Ros-Lehtinen (R-FL)
Representative Lucille Roybal-Allard (D-CA)
Representative Edward Royce (R-CA)
Representative Matt Salmon (R-AZ)
Representative Robert W. Schaffer (R-CO)
Representative Nick Smith (R-MI)
Representative Bob Stump (R-AZ)
Chairman, House Veterans' Committee
Representative James M. Talent (R-MO)
Chairman, House Small Business Committee
Representative W. J. "Billy" Tauzin (R-LA)
Representative Todd Tiahrt (R-KS)
Representative Gerald C. Weller (R-IL)
Representative Roger Wicker (R-MS)
Representative Don Young (R-AK)
Chairman, House Resources Committee

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Copyright © 1998, 1999, 2000 A.L.E.C.

ALL RIGHTS RESERVED.
All trademarks mentioned herein belong to their respective owners.

14 of 14 5/15/16, 11:39 AM
Coal and Oil Polluters Dominate ALEC Conference | PR Watch http://www.prwatch.org/news/2014/07/12557/polluters
MENU
Coal and Oil Polluters Dominate ALEC

Conference
Submitted by Nick Surgey (/users/35314/nick-surgey) on July 31, 2014 - 3:32pm
Like 529
1 of 7 5/19/16, 5:21 PM
By Nick Surgey of The Center for Media and Democracy and Connor Gibson of Greenpeace
Who's pulling the strings at the secretive American Legislative Exchange Council
(http://www.ALECexposed.org)'s (ALEC) conference in Dallas, Texas, this week?
According to material obtained by the Center for Media and Democracy (CMD) and
Greenpeace, Big Oil and King Coal are heavily represented at ALEC's 41st Annual Meeting. In
ALEC task forces, lobbyists vote as equals with state legislators from across the U.S. on
industry-friendly legislation, much of which has devastating impacts on our environment, and
corporations underwrite parties and trainings where their lobbyists get unparalleled access to
lawmakers from almost every state.
2 of 7 5/19/16, 5:21 PM
One-third of the official ALEC conference sponsors are dirty energy companies, their trade
associations, and their political front groups.
The sessions on the ALEC agenda reflect the financial interests of these sponsors.
According to ALEC's conference agenda, lobbyists instructed legislators how to “talk” and
“think” about climate change on the first day of the meeting, clashing with ALEC's recent
insistence to the press that its operations are "completely legislator driven.
(http://www.washingtonpost.com/opinions/dana-milbank-alec-stands-its-ground/2013/12
/04/ad593320-5d2c-11e3-bc56-c6ca94801fac_story.html)"
Legislators also received a briefing from a scientifically irrelevant climate change denial group,
the “Nongovernmental International Panel on Climate Change (http://www.greenpeace.org
/usa/en/campaigns/global-warming-and-energy/polluterwatch/Dealing-in-Doubt---the-Climate-
Denial-Machine-vs-Climate-Science/Dealing-in-Doubt-Heartland-Institute-NIPCC-Climate-
Change-Reconsidered-global-warming-denial/#a3)” (NIPCC), published by a fossil fuel front
group that infamously compared climate advocates with "murderers, tyrants and madmen
(http://www.theguardian.com/environment/blog/2012/may/04/heartland-institute-global-
warming-murder)."
In keeping with ALEC's longtime denial (http://www.climateinvestigations.org

/alec_hates_the_climate) of both the science and solutions to climate change, Oklahoma
Attorney General Scott Pruitt, a Republican, spoke about proposed Environmental Protection
Agency (EPA) limits on carbon pollution. That session was sponsored by the world’s largest
publicly owned coal company, Peabody Energy, and the trade association for the coal industry,
the American Coalition for Clean Coal Electricity (ACCCE), of which Peabody is a member.
Other agenda items include a presentation to legislators on the federal government regulating
pollution from coal plants and a session on increasing the export of fracked gas from the U.S.,
likely a result of new ALEC member companies like Cheniere Energy, a liquid natural gas
export company.
(https://org.salsalabs.com/o/632/donate_page/donate)
3 of 7 5/19/16, 5:21 PM
All of this was set to prepare lobbyists and legislators to sit down, during ALEC’s Energy,
Environment and Agriculture task force, to vote together on a new proposed ALEC “model” bill
in opposition to the EPA limiting carbon from coal plants. Members of this task force have
declared "guerrilla warfare (http://switchboard.nrdc.org/blogs
/ahaq/polluters_begin_their_guerrill.html)" on the EPA's newly proposed rule.
Of the 62 sponsors listed by ALEC, 21 represent dirty energy interests:
Chairman level sponsors:
Partnership for a Better Energy Future

America’s Natural Gas Alliance (ANGA)
The Committee For A Constructive Tomorrow (CFACT)
TXU Energy & Luminant – subsidiaries of Energy Future Holdings, a financially bankrupt
(http://www.star-telegram.com/2014/04/28/5774139/energy-future-holdings-prepares.html)
company on ALEC's corporate board
Vice Chairman level sponsors:
ExxonMobil – on ALEC's corporate board

Chevron
Oncor – also a subsidiary of Energy Future Holdings, on ALEC's corporate board
Peabody Energy – on ALEC's corporate board
BNSF (coal trains)
Director Level Sponsors:
Breitling Energy
Linn Energy
Phillips
American Coalition for Clean Coal Electricity (ACCCE)
American Electric Power (AEP) – co-chair of ALEC's Energy, Environment & Agriculture
task force
Devon Energy
TransCanada
NuStar Energy
Trustee Level Sponsors:
4 of 7 5/19/16, 5:21 PM
Apache
Pioneer Natural Resources
Energy Transfer
------
See additional details (http://www.prwatch.org/news/2014/07/12549/alec-agenda-dallas-

evisceration-medicaid-privatization-public-schools-expansion-gas-exports) about what else is
on ALEC's conference agenda here (http://www.prwatch.org/news/2014/07/12549/alec-
agenda-dallas-evisceration-medicaid-privatization-public-schools-expansion-gas-exports).
ALEC Exposed (/topics/alec-exposed)

News (/news-types/news)
Attachment Size
coal_and_oil_funders_2014_july_31.png (http://www.prwatch.org/files 667.98
/coal_and_oil_funders_2014_july_31.png) KB
NICK SURGEY (/USERS/35314/NICK-SURGEY)

Nick Surgey is CMD's Director of Research and an investigative reporter. His work has
been featured in The Guardian, the New York Times, the Los Angeles Times, and the
Washington Post.
Read more here. (http://www.prwatch.org/news/35314)
5 of 7 5/19/16, 5:21 PM
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ALEC Appoints New Chair To Climate Denial Task Force (/news/2016/05/13102/alec-

appoints-new-chair-climate-denial-task-force)
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school-week)
ALEC's 2016 Agenda Moving in the States: A Snapshot (/news/2016/05/13099/alec%27s-

2016-agenda-snapshot)
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7 of 7 5/19/16, 5:21 PM
Exxon Mobil to Lawmakers: Tax Carbon, Don’t Use Cap-and-Trade... http://www.environmentalleader.com/2009/01/13/exxon-mobil-to-...
Environmental Leader
Search
Home
» Carbon Finance & Offsets » Carbon Offsets/RECs »
Exxon Mobil to Lawmakers: Tax Carbon, Don’t Use Cap-and-Trade
January 13, 2009
Exxon Mobil to Lawmakers: Tax Carbon, Don’t Use Cap-and-Trade By: Paul
Nastu
Exxon Mobil wants Congress to forego the cap-and-trade law it is considering and
implement a $20-per-ton “carbon tax” instead. It is the first clear call by the CEO for a price
on carbon, writes CNNMoney.com.
“My greatest concern is that policy makers will attempt to mandate or ordain solutions that
are doomed to fail,” CEO Rex Tillerson said last week, suggesting that a carbon tax would be
a more direct, transparent, and more effective approach than the proposed cap-and-trade
system (via The Guardian).
A cap-and-trade system would establish an economy-wide emission limits and a market for
firms to buy and sell pollution allowances based on whether they were above or below their
limit. Last month, for example, 69 participants from the financial, energy, and
environmental sectors bid in an RGGI auction for the right to emit carbon dioxide from
power plants in the US Northeast.
A carbon tax, on the other hand, has been seen as politically unfeasible to pass. Unlike the
cap-and-trade system, which could take the emphasis away from the goal of reducing
carbon emission and focus attention on price volatility, a carbon tax is a more direct and
efficient approach, Tillerson said.
The largest carbon emitters will continue to oppose the cap-and-trade system and fight for
1 of 2 7/18/16, 8:13 AM
Exxon Mobil to Lawmakers: Tax Carbon, Don’t Use Cap-and-Trade... http://www.environmentalleader.com/2009/01/13/exxon-mobil-to-...
the carbon tax, arguing that it will better reflect the actual costs of putting a premium on
greenhouse gas emissions.
Exxon’s plan to spend $70 million to double its carbon capture capacity at a Wyoming
facility and its $100-million CO2-stripping experiment has won it recent favor with
environmentalists.
NY Plan Caps Power Plant Emissions, Auctions Pollution Credits

IPPNY: DEC’s RGGI Pre-Proposal ‘Myopic’
Climate Bill Lacks Industry Support
U.S. Companies Prepare for Carbon Trading
Colorado Democrats Plan Renewable Energy Bills
Energy Manager News
2 of 2 7/18/16, 8:13 AM
Koch, Exxon Mobil Among Corporations Helping Write State Laws... http://www.bloomberg.com/news/articles/2011-07-21/koch-exxon-...
Bloomberg the Company & Its Products Bloomberg Anywhere Login Bloomberg Terminal Demo Request
Koch, Exxon Mobil Among

Corporations Helping Write State
Laws
Alison Fitzgerald
July 21, 2011 — 12:00 AM EDT
Koch Industries Inc. and Exxon Mobil Corp. are among companies
that would benefit from almost identical energy legislation introduced
in state capitals from Oregon to New Mexico to New Hampshire --
and thats by design. Photographer: John Gress/Getty Images
Koch Industries Inc. and Exxon Mobil Corp. are among companies that would benefit from
almost identical energy legislation introduced in state capitals from Oregon to New Mexico
to New Hampshire -- and that’s by design.
The energy companies helped write the legislation at a meeting organized by a group they
finance, the American Legislative Exchange Council, a Washington-based policy institute
known as ALEC.
The corporations, both ALEC members, took a seat at the legislative drafting table beside
elected officials and policy analysts by paying a fee between $3,000 and $10,000, according
to documents obtained by Bloomberg News.
The opportunity for corporations to become co-authors of state laws legally through ALEC
covers a wide range of issues from energy to taxes to agriculture. The price for participation
1 of 9 7/18/16, 8:14 AM
is an ALEC membership fee of as much as $25,000 -- and the few extra thousands to join
one of the group’s legislative-writing task forces. Once the “model legislation” is complete,
it’s up to ALEC’s legislator members to shepherd it into law.
“This is just another hidden way for corporations to buy their way into the legislative
process,” said Bob Edgar, president of Common Cause, a Washington-based group that
advocates for limits on money in politics.
‘Good Conservative Policy’
Raegan Weber, an ALEC spokeswoman, says the group simply facilitates the sharing of
information and “good conservative policy.” ALEC’s mission is to promote free markets,
limited government, federalism and individual freedom, according to its website. “All of our
policies are in line with those principles,” said Weber.
The financing and internal operations of ALEC, which was founded in 1973, aren’t well
known.
Environmentalists, labor unions and Democratic groups that oppose ALEC-inspired

legislation have long claimed that corporations are behind it, citing the “private sector”
member fees outlined on its website.
As a tax-exempt organization, however, ALEC doesn’t disclose its corporate donors. ALEC
doesn’t reveal its corporate and legislative members beyond those who serve as committee
chairmen. Its model bills, which now total almost 1,000, are listed on its website, although
their full texts can be called up only by members.
Bloomberg used tax records, interviews, and ALEC materials provided by an attendee at an
ALEC conference to shed some light on the organization, which promotes state legislative
action that at times is aimed at undercutting federal government authority.
Model Legislation
After President Barack Obama signed the health-care overhaul into law, ALEC produced
several model bills that have been introduced by Republican state lawmakers limiting its
reach. The group followed up this year by publishing “The State Legislators Guide to
LIVE TV
epealing Obamacare.” The Environmental Protection Agency is also a target, which
AUDIO priority in Washington for some of its corporate donors.
flects a lobbying
2 of 9 7/18/16, 8:14 AM
To join ALEC, legislators pay $100 for a two-year membership. Corporate members seeking
to hold sway on legislative language can pay as much as $35,000 or more to get a seat on an
issues task force. Beyond energy and environment, ALEC also has task forces devoted to
civil justice, commerce, education, international relations, public safety, taxes and
telecommunications.
Power to Block
If the final language doesn’t turn out the way they like, industry representatives have the
power to block it from being posted in ALEC’s online library where it can be downloaded
by state lawmakers.
Legislators and private-sector task force members must vote to endorse any model
legislation -- and each group must deliver a majority before it is officially adopted, Weber
said.
Industry advocates can give more money to ALEC by sponsoring events or simply donating.
At ALEC’s annual meeting in San Diego last year, three companies -- pharmaceutical
manufacturer Allergan Inc., telephone giant AT&T Inc. and cigarette maker Reynolds
American Inc. -- each paid $100,000 to be “President Level” sponsors. Another 11 groups,
including Pfizer Inc. and the Institute for Legal Reform, the U.S. Chamber of Commerce
arm that advocates for jury award limits, wrote checks for $50,000, according to documents
distributed at the meeting that were given to Bloomberg.
Exxon Money
Irving, Texas-based Exxon Mobil, through its foundation, donated $30,000 in 2005 and
again in 2006, according to the foundation’s tax forms. Alan Jeffers, an Exxon Mobil
spokesman, said the company paid $39,000 in dues last year and sponsored a reception at
the annual meeting in San Diego for $25,000. In August, Exxon will spend $45,000 to
sponsor a workshop on natural gas, he said.
“We try to provide our views on legislation to anyone who will listen, including legislators
and non-governmental organizations,” Jeffers said. He said Exxon supports a range of public
policy groups including the Washington-based Center for Clean Air Policy.
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AUDIO
ichita, Kansas-based Koch was one of 14 “Vice Chairman” level sponsors at the 2010
3 of 9 7/18/16, 8:14 AM
annual meeting, which requires a $25,000 donation to the group, according to the
documents. The Charles G. Koch Charitable Foundation, founded by the energy
conglomerate’s chief executive officer, gave $75,858 to ALEC in 2009, the latest year for
which the foundation’s tax information is available.
Koch’s Support
“Koch Industries has been a member and

supporter of the American Legislative
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said Philip Ellender, the company’s president of
government and public affairs. “As a
non-partisan organization that includes both
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public and private-sector members, ALEC’s
mission aligns closely with many of the
principles to which we are committed --
economic freedom, limited government and
individual liberty.”
Koch companies, employees, political action committees, and affiliated non-profit groups
spent at least $5 million to help elect Republicans to Congress in 2010, according to
Common Cause and the Center for Responsive Politics, a nonpartisan group that tracks
political donations.
According to the Helena, Montana-based National Institute on Money in State Politics,

Koch entities have given $2.5 million to help elect state lawmakers since 1990. The
institute’s analysis of a partial list of ALEC corporate backers found that their combined
giving to state campaigns over the past decade amounts to $12.2 million. Of that sum, 97
percent went to Republicans.
Hotels, Meals
Companies can also donate to “scholarship funds,” which pay for transportation, hotel and
meals for lawmakers attending ALEC meetings.
illiam Howell, the Republican speaker of the Virginia House, received $2,862 in
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imbursements after attending the San Diego ALEC meeting and a policy meeting in
AUDIO
4 of 9 7/18/16, 8:14 AM
Washington last year, according to his state ethics disclosures.
Under his leadership in Richmond this year, the Virginia Assembly passed two ALEC bills
that are opposed by labor unions, one that requires union votes to be by secret ballot and
another that would put the state’s “right to work” law in its constitution. Both measures died
in the state Senate.
Howell also championed the ALEC-originated “Repeal Amendment,” which would allow
states to repeal any federal law or regulation if two-thirds of the state legislatures vote to do
so. He didn’t respond to a phone message seeking comment.
‘Opportunity to Connect’
Corporations are “paying for an opportunity to connect directly with legislators,” said
Jeremy Kalin, a former Democratic Minnesota state representative. “It’s an end-run around
transparency and disclosure laws. Corporate interests that would otherwise be required to
register as lobbyists are writing legislation behind closed doors.”
An Oregon effort to remove the state from the Western Climate Initiative, a regional carbon
cap and trade program, offers a case study in how the ALEC alliances work together.
Earlier this year, state Representative Kim Thatcher, a Republican, asked her staff to develop
legislation that would put pressure on Governor John Kitzhaber, a Democrat, to withdraw
from the climate initiative.
A Thatcher aide scrolled through ALEC’s website and found a model bill that could meet
the need and passed it on to her. “I read it and I said that encapsulates it very well,” Thatcher
said in an interview.
Growth ‘Sacrificed’
The eight-paragraph resolution, which was introduced in March, said “there has been no
credible economic analysis of the costs associated with carbon reduction mandates” and “a
tremendous amount of economic growth would be sacrificed for a reduction in carbon
emissions that would have no appreciable impact on global concentrations of carbon
dioxide.”
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he model AUDIO
resolution was adopted by ALEC’s Natural Resources task force in April 2010,
5 of 9 7/18/16, 8:14 AM
according to minutes from the meeting obtained by Bloomberg.
The group drafting and endorsing it included 13 legislators from states including Texas,
Kansas and Indiana and 21 private sector members representing companies such as Exxon
Mobil, Koch Industries and BP Plc, and trade groups including American Electric Power,
the American Petroleum Institute and the American Coalition for Clean Coal Energy.
Koch, a conglomerate that includes oil refineries, pipelines, chemical producers and paper
products, questions the role of carbon in global warming and opposes efforts to put a price
on carbon emissions.
Identical Language
Legislation with the exact same language as Thatcher’s resolution has been introduced in
dozens of other states, including Montana, New Hampshire, Washington, and New Mexico.
Thatcher’s resolution is still pending.
A member of ALEC since 2004, Thatcher said: “When you get input from the private sector,
and you get input from the public sector, you can get legislation that can be good for
everyone.”
Thatcher’s resolution is one of five model laws that ALEC has in its library related to
climate change and of 95 that fall under the Energy, Environment and Agriculture task force.
ALEC has made it a priority to guide state lawmakers in ways to thwart the U.S. EPA’s
efforts to regulate and reduce greenhouse gases -- a goal that coincides with a lobbying
objective in Washington for its energy-industry supporters.
In February, ALEC published a report called “EPA’s Regulatory Train Wreck: Strategies for
State Legislators.” The report urges state lawmakers to adopt resolutions asking their
members of Congress to stop EPA from regulating greenhouse gases “by any means
necessary.”
Assessing Costs
It also directs members to a model bill that would require states to determine what any
gulation would cost for each ton of carbon emissions reduced, and another model bill that
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rohibits a AUDIO
state agency from making any commitments to EPA to reduce greenhouse gases.
6 of 9 7/18/16, 8:14 AM
As of June, 13 states had adopted resolutions opposing EPA’s effort to regulate greenhouse
gases.
“Our position on EPA regulations is that they’re usurping the legislative process,” said
Weber. “They’ve made these rules that the states have to follow. It is government through
the federal rulemaking process.”
ALEC critics see the reverse. “It’s national policy at the state level,” said Adam Schafer,
spokesman for the National Caucus of Environmental Legislators, a Washington-based
group that also encourages state lawmakers to share policy ideas and legislation. Schafer’s
group is funded primarily through foundation grants and doesn’t accept corporate donations.
Group’s Founders
ALEC was founded by the late Representative Henry Hyde of Illinois, a Republican who
served in the U.S. Congress for 22 years, and the late political activist Paul Weyrich, who
co-founded the Heritage Foundation, a policy and research organization in Washington that
says its mission is to formulate and promote conservative policies.
ALEC began writing model bills in the 1990s and says on its website that about 1,000 pieces
of legislation based on its bills are introduced each year and about 20 percent become law.
Last year, ALEC drafted legislation banning states from enforcing the new federal health
insurance coverage mandate. It was enacted in 10 states from Virginia to Louisiana to
Missouri.
In Missouri, the bill was introduced by its state ALEC Chairwoman Jane Cunningham. The
measure asked for a referendum to add language to the state’s constitution that read, in part,
“A law or rule shall not compel, directly or indirectly, any person, employer, or health care
provider to participate in any health care system.”
In Louisiana, the “Health Care Freedom Act” language said: “relative to preserving the
freedom of all citizens of Louisiana to provide for their own health care; to provide that no
law or rule shall compel, directly or indirectly, any person, employer or health care provider
to participate in any health care system or health insurance plan.”
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7 of 9 7/18/16, 8:14 AM
In last November’s election, Republicans won from Democrats more than 675 state
legislative seats, and now control both chambers in 26 states’ legislatures, up from 14 before
the election, according to the National Conference of State Legislatures.
Former state lawmaker Kalin said the partisan shift is paving the way for ALEC legislation
to advance.
An ALEC model bill was employed a year ago in Minnesota in an unsuccessful attempt to
end that state’s restrictions on buying electricity from North Dakota coal-fired power plants,
a policy aimed at reducing air pollution, he said.
After Republicans took control of the state legislature this year, lawmakers passed a bill in
May allowing the state to import 1,500 megawatts of electricity from North Dakota,
according to the legislature’s website.
Thousands of Members
ALEC counts more than 2,000 state lawmakers among its members and says 80 former
members now represent their states in Congress. There are 300 private-sector members,
including trade groups, corporations, policy organizations and non-profits, Weber said.
In addition to corporations, ALEC events are sponsored by nonpartisan public policy groups
such as The Pew Center on the States, a group that does research on such issues as elections,
public health and education. It sponsored a workshop at ALEC’s 2010 and 2011 annual
meetings on prison-sentencing overhaul.
Weber says the legislators, by virtue of their positions, have more influence over which bills
are included in the ALEC library, and, even then, it’s their choice whether they bring them
home and put them forward in their own statehouses.
The group provides information to state lawmakers who have limited resources to learn
about all the issues they have to deal with, she said.
“They make no bones about their policy perspective,” said Bridgett Wagner, director of
coalition relations at the Heritage Foundation. “They’re certainly a limited-government,
free-market organization and the positions they come out with are not a surprise.”
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States are climate battlegrounds - POLITICO http://www.politico.com/story/2010/09/states-are-climate-battlegrou...
Conservatives are leaning on New Jersey Gov. Chris Christie to drop out of a cap-and-trade compact.
States are climate battlegrounds

By DARREN SAMUELSOHN | 09/15/10 04:36 AM EDT | Updated 09/15/10 11:02 AM EDT
The nation’s premier state-led climate programs are under attack by a growing coalition of industry, tea party and conservative activists.
Opponents to limits on greenhouse gas emissions see the fights in California and New Jersey as the next step in the fight over global warming policy after the demise of
federal cap-and-trade legislation on Capitol Hill.
“This is definitely a new battlefield worth reconsidering in light of threat No. 1 being shelved,” said Clint Woods, energy, environment and agricultural director at the
American Legislative Exchange Council, a free market advocacy group.
In California, Texas oil giants Valero and Tesoro are spearheading a November ballot initiative to derail the Golden State’s landmark 2006 law capping its greenhouse
gas emissions.
In New Jersey, conservatives are leaning on Republican Gov. Chris Christie to drop out of a 10-state regional cap-and-trade compact and show his true political stripes as
he raises his national profile with an endorsement tour this fall.
Similar efforts could follow in other states, depending on how November gubernatorial races shake out.
California’s global warming law, which forces emissions across much of the economy to fall to 1990 levels by 2020, is the nation’s strongest and most sweeping policy to
tackle global warming, absent federal policy. That, and the symbolism of reversing climate policy in a major liberal state, is why both sides of the Proposition 23 debate
acknowledge the upcoming vote has larger implications.
“They fully intend to make California strike three after Copenhagen and Capitol Hill,” said Steven Maviglio, a spokesman for the No on 23 campaign.
Proposition 23 would block the state’s carbon dioxide limits until the unemployment rate drops to 5.5 percent or lower for four consecutive quarters. Unemployment
currently is hovering at 12 percent and sponsors envision effectively killing the law, considering the rate has dropped below 5.5 percent for only three quarters since
1980.
Critics of California’s climate law spent about $4 million to get their measure on the ballot, and while public polls earlier this summer show Proposition 23 losing by
about a dozen points, both sides say their internal polling has the race much closer. Turnout is expected to be high, as the climate question is one of 10 initiatives before
voters this fall alongside the legalization of marijuana and competitive gubernatorial and U.S. Senate races.
“It’d be a huge signal that if this doesn’t fly in California, it really doesn’t fly anywhere,” said Phil Kerpen, director of policy at Americans for Prosperity, a conservative
group pushing to kill state climate laws across the country.
Supporters of the law are using talking points similar to the ones plied by environmental activists in Washington: The state law will help reduce consumption of foreign
oil and keep the state’s clean energy industries ahead of foreign competition. They’ve raised $8 million so far and enlisted former Secretary of State George Shultz — a
Republican who served under Presidents Ronald Reagan and Richard Nixon — to oppose the ballot initiative.
“AB 32 can be administered sensibly, so it’s not highly disruptive,” Shultz told POLITICO. “You’ve got to be able to think long term about our national security, about our
economy and about our climate. This isn’t about tomorrow. This is about thinking ahead.
It’s like Nancy Reagan’s drug awareness campaign, Shultz added. “Just say no.”
Beyond California, climate policy opponents have their sights trained on the Northeast and mid-Atlantic states, where electric utilities must curb their emissions under
the eight-year-old Regional Greenhouse Gas Initiative.
Americans for Prosperity organized a protest of hundreds last week outside RGGI’s New York headquarters, including Nan Hayworth, a Republican challenging Rep.
John Hall (D-N.Y.).
1 of 1 7/18/16, 8:21 AM
5/31/2016 Koch-funded group mounts cut-and-paste attack on regional climate initiatives | full | Grist
Be super-classy and give to Grist today - Make America GREEN Again!

(https://grist.org/give/)
CUT IT OUT
Koch-funded group mounts cut-and-paste attack on

regional climate initiatives
By David Anderson (https://grist.org/author/david-anderson/) on Mar 16, 2011
Fresh off last year’s successful defeat of federal

climate legislation in the U.S. Senate, the oil baron
Koch brothers
(http://www.newyorker.com/reporting/2010/08/30/100830fa_fact_mayer?
currentPage=all) and their dirty-energy buddies are now bent on dismantling one of the
nation’s last hopes for doing anything about climate change in the near term: regional climate
accords.
Today, a total of 32 states

(http://www.pewclimate.org/what_s_being_done/in_the_states/regional_initiatives.cfm)
are active participants or observing members in the Regional Greenhouse Gas Initiative in
the Northeast, the Midwestern Greenhouse Gas Reduction Accord, or the Western Climate
Initiative.
That number will get a lot smaller if the American Legislative Exchange Council — a D.C.-
based conservative advocacy organization funded by Koch family foundations
(http://www.greenpeace.org/usa/en/campaigns/global-warming-and-
energy/polluterwatch/koch-industries/american-legislative-exchange/), ExxonMobil
(http://www.exxonsecrets.org/html/orgfactsheet.php?id=10), and other oil companies and
big corporations (http://www.sourcewatch.org/index.php?
title=American_Legislative_Exchange_Council) — gets its way.
https://grist.org/climate-policy/2011-03-16-koch-group-alec-cut-paste-attack-regional-climate-initiatives/full/ 1/15
ALEC offers legislative templates to state lawmakers who don’t want the hassle of writing
their own conservative bills. Raegan Weber, ALEC’s senior director of public affairs, says the
group has produced 800 to 1,000 pieces of so-called “model legislation.” Access to those
templates is restricted to legislators who pay $100 for a two-year membership, which makes
it difficult to trace a bill’s language back to ALEC.
But thanks to a blog post (http://florida.tenthamendmentcenter.com/2010/06/state-

withdrawal-from-regional-climate-initiatives-legislation-template/) by a conservative states-
rights activist in Florida (and a tidbit in one of ALEC’s own press releases
(http://www.alec.org/AM/Template.cfm?
Section=Regional_Climate_Initiative&Template=/CM/HTMLDisplay.cfm&ContentID=13319)),
we can make out at least part of what’s in ALEC’s template for “State Withdrawal from
Regional Climate Initiatives,” one of the offerings on the group’s environment webpage
(http://www.alec.org/AM/Template.cfm?Section=Natural_Resources). And it looks like the
template has been getting a lot of use lately.
Language that regurgitates all of the right’s favorite — and in many cases fallacious
(/article/2011-03-16-koch-group-alec-cut-paste-attack-regional-climate-initiatives/p2) —
anti-cap-and-trade talking points has cropped up in nearly identical form in resolutions or
bills in at least six states:
WHEREAS, there has been no credible economic analysis of the costs associated with
carbon reduction mandates and the consequential effect of the increasing costs of doing
business in the State of ______;
WHEREAS, forcing business, industry, and food producers to reduce carbon emissions
through government mandates and cap-and-trade policies under consideration for the
regional climate initiative will increase the cost of doing business, push companies to
do business with other states or nations, and increase consumer costs for electricity,
fuel, and food;
WHEREAS, the Congressional Budget Office warns that the cost of cap-and-trade
policies will be borne by consumers and will place a disproportionately high burden on
poorer families;
WHEREAS, simply reducing carbon emissions in the State of ______ will not have a
significant impact on international carbon reduction, especially while countries like
China, Russia, Mexico, and India emit an ever-increasing amount of carbon into the
atmosphere;
WHEREAS, a tremendous amount of economic growth would be sacrificed for a

reduction in carbon emissions that would have no appreciable impact on global
concentrations of CO2;
WHEREAS, no state or nation has enhanced economic opportunities for its citizens or
increased Gross Domestic Product through cap and trade or other carbon reduction
policies; and
WHEREAS, Europe’s cap and trade system has been undermined by political
favoritism, accounting tricks and has failed to achieve the carbon reduction targets,
THEREFORE, BE IT RESOLVED, that the legislature of the State of ______ urges the
Governor to withdraw [state] from the regional climate initiative.
Last year in Michigan, the language appeared in a resolution

(https://grist.files.wordpress.com/2011/03/2010-hir-0277.pdf) [PDF] introduced in the
state House of Representatives, demanding that the state drop out of the Midwestern
Greenhouse Gas Reduction Accord.
This year, the language has shown up in resolutions in Montana

(https://grist.files.wordpress.com/2011/03/hj0018_1.pdf), New Mexico
(http://www.nmlegis.gov/Sessions/11%20Regular/memorials/house/HJM024.html),
Oregon (https://grist.files.wordpress.com/2011/03/hjr0009.intro.pdf), and Washington

(https://grist.files.wordpress.com/2011/03/4003-western_climate_initiative.pdf) [PDFs]
calling for the states to quit the Western Climate Initiative.
In New Hampshire, it popped up in the “findings” section of a House bill that would repeal
the cap-and-trade system established under the Regional Greenhouse Gas Initiative (RGGI).
The bill’s lead sponsor, state Rep. Richard Barry (R), looked a bit like a dog caught with the
family cat in its mouth when he was asked to explain the language at a public hearing; he
nervously said that none of the bill’s sponsors had written this particular section, but stopped
short of revealing ALEC as the source of the text. That didn’t sit well with Rep. James Garrity
(R), chair of the House Science, Technology, and Energy Committee, who later explained,
“Our committee does not feel that editorials belong in laws.” The matter was resolved by
dropping the ALEC text, and the amended bill
(http://www.gencourt.state.nh.us/legislation/2011/HB0519.html) went on to pass the
House.
The New Mexico resolution hasn’t fared so well; it stalled in committee, according to sponsor
Rep. Tim Lewis (R). Unlike Barry in New Hampshire, Lewis readily acknowledges that the
language in his resolution came from ALEC, but adds, “I am not a member of that group.” A
first-term legislator who’s still busy learning the ropes in Santa Fe, Lewis admits he didn’t put
much time into examining ALEC’s claims about cap-and-trade. As a teacher, he might be
unhappy to learn the copycat text is full of questionable claims (find out just how
questionable (/article/2011-03-16-koch-group-alec-cut-paste-attack-regional-climate-
initiatives/p2)).
“I don’t mind being an observer in the Western Climate Initiative,” says Lewis, who is proud
to support wind and solar power. He says he just worries that implementing cap-and-trade
policies could hurt poor families in his state. Sound familiar?
Oregon state Rep. Kim Thatcher (R), sponsor of the resolution in her state, seems to be more
thoroughly on board with the Koch brothers’ agenda. An aide to the lawmaker, who spoke on
condition of not being named, said Thatcher contacted all the right groups before moving
forward with the resolution, including: Americans for Prosperity, a Koch-funded organization
(http://sourcewatch.org/index.php?title=Americans_For_Prosperity) that has been waging
a very public assault on regional climate accords (get that story (/article/2011-03-16-koch-
group-alec-cut-paste-attack-regional-climate-initiatives/p3)); the Heritage Foundation,
recipient of more than $3.3 million in Koch funds
(http://www.greenpeace.org/usa/en/campaigns/global-warming-and-
energy/polluterwatch/koch-industries/the-heritage-foundation/) from 1997 to 2008; and the
Cascade Policy Institute, considered by Koch Industries

(http://www.kochind.com/ViewPoint/climateEnergy.aspx) to be one of the few reputable
sources of information on “climate controversies.” For now, the resolution is stuck in
committee.

In 2010, Greenpeace published a report (http://www.greenpeace.org/usa/campaigns/global-
warming-and-energy/polluterwatch/koch-industries/) about the Koch brothers’ funding of
climate-denial groups, and Koch Industries responded
(http://www.kochind.com/newsroom/Statement.aspx) by saying, “we believe science — not
politicized opinion — must play a central role in the discussion about climate and related
policy proposals. Both a free society and the scientific method require an open and honest
airing of all sides.”
Can we look forward to an open airing of the ALEC text that’s being surreptitiously slipped
into state-level bills and resolutions around the country? And will we see the text corrected so
that it is in fact honest and all “politicized opinion” is removed?
Read more:
A debunking of questionable claims in the ALEC template (/article/2011-03-16-koch-

group-alec-cut-paste-attack-regional-climate-initiatives/p2)
Koch-funded Americans for Prosperity wages frontal assault on regional climate accords
(/article/2011-03-16-koch-group-alec-cut-paste-attack-regional-climate-initiatives/p3)
Regional cap-and-trade saves jobs and money (https://grist.org/article/2011-03-16-
regional-cap-and-trade-saves-jobs-and-money)
The big-picture outlook for regional cap-and-trade agreements (/article/2010-11-09-the-
post-election-outlook-for-regional-cap-and-trade)
ALEC’s questionable claims about climate policies
The American Legislative Exchange Council’s “model legislation (/article/2011-03-16-koch-

group-alec-cut-paste-attack-regional-climate-initiatives/PALL#language)” for “State
Withdrawal from Regional Climate Initiatives” is full of debatable and debunkable assertions.
It starts off:
WHEREAS, there has been no credible economic analysis of the costs associated with
carbon reduction mandates …
In fact, there have been dozens upon dozens of such analyses. Environmental Defense Fund
rounded up some of the best (http://www.edf.org/article.cfm?
contentID=5405&redirect=climatecosts). Even while denying that any credible studies have
been done on costs, the template goes on to claim that all sorts of costs are looming.
WHEREAS … cap-and-trade policies [et al] … will … increase consumer costs for
electricity …
By no means do carbon-cutting policies have to lead to higher electricity costs for Americans
— it depends on the specific kind of system implemented. For example, an EPA analysis of
the Waxman-Markey climate bill in U.S. House found that it would lower average household
utility bills (/article/epa-waxman-markey-will-lower-electricity-bills).
WHEREAS, the Congressional Budget Office warns that the cost of cap-and-trade
policies … will place a disproportionately high burden on poorer families
The CBO actually found that a cap-and-trade system could lower costs for low-income
households (/article/2009-the-choice-of-what-to-do-with-carbon-rev) if implemented the
right way.
WHEREAS, a tremendous amount of economic growth would be sacrificed for a

reduction in carbon emissions …
EDF’s roundup of economic analyses (http://www.edf.org/article.cfm?

contentID=5405&redirect=climatecosts) concludes that the “cost of capping global warming
pollution over the next two decades is almost too small to measure.”
WHEREAS, no state or nation has enhanced economic opportunities for its citizens or
increased Gross Domestic Product through cap and trade or other carbon reduction
policies
Many analyses reach an opposite conclusion. A 2010 study by the California Air Resources
Board (http://articles.latimes.com/print/2010/mar/24/local/la-me-climate24-2010mar24)
projected that many parts of the state’s economy will grow, and the overall economy will not
suffer, under its climate-change law. Germany, which has an aggressive pro-renewables
policy, has grown the number of jobs in its renewables sector by 87 percent since 2004,
according to a 2010 report (http://www.smh.com.au/business/germanys-green-light-for-
energy-20100713-109go.html), more than offsetting job losses that resulted from efforts to
de-carbonize the nation’s economy. An analysis (/article/2010-05-19-outcomes-not-
mechanisms-the-effects-of-the-american-power-act) by Trevor Houser (/article/2010-05-27-
energy-analyst-trevor-houser-how-to-assess-climate-legislation) and his colleagues at the
Peterson Institute for International Economics points to lots of potential job growth that
could result from national climate policies.
WHEREAS, Europe’s cap and trade system has been undermined by political favoritism
[and] accounting tricks …
The European Union’s system has had problems, but they’re totally fixable (/article/2011-02-
01-eu-carbon-fraud-could-it-happen-here). And there’s no reason to believe those mistakes
would be repeated in the U.S.; on the contrary, American wonks have been watching closely
(http://www.tnr.com/blog/the-vine/carbon-trading-what-europe-can-actually-teach-us) and
will make sure not to replicate Europe’s errors. In the U.S. (/article/2011-02-01-eu-carbon-
fraud-could-it-happen-here), RGGI’s cap-and-trade system has been operating smoothly
since 2008 with no evidence of fraud or manipulation, according to independent monitors
(http://rggi.org/market/market_monitor); other non-carbon cap-and-trade markets
(http://daily.sightline.org/daily_score/archive/2009/11/24/how-cap-and-trade-markets-
work-for-acid-rain-and-smog) in the U.S. have been running smoothly for decades.
There’s plenty of room for debate about the potential effects of climate policies, but ALEC’s
predictions of gloom and doom have little basis in reality and are certainly not “facts” that
state lawmakers of any persuasion should want to enshrine into legislation.
Americans for Prosperity wages attack on regional climate accords
Americans for Prosperity (AFP) — a Tea Party-affiliated

(http://www.sourcewatch.org/index.php?
title=Americans_for_Prosperity#Americans_for_Prosperity_and_the_Tea_Pa) group
founded and funded by David H. Koch (http://www.factcheck.org/2010/08/americans-for-

prosperity/) of Koch Industries — is mounting a frontal assault on regional climate initiatives
(http://americansforprosperity.org/021511-your-rggi-repeal-resource-0).
In New Hampshire, in the run-up to a vote on a House bill that would repeal the cap-and-
trade system established under the Regional Greenhouse Gas Initiative, AFP’s state branch
hounded voters with robocalls (http://wonkroom.thinkprogress.org/2011/02/25/nh-rggi-
deniers/), asking them to demand that their state reps support the measure. After the bill
passed, AFP Vice President for Policy Phil Kerpen and AFP’s New Hampshire State Director
Corey Lewandowski celebrated with an op-ed
(http://www.foxnews.com/opinion/2011/02/28/giant-leap-forward-new-hampshire-
smacks-cap-trade/) published by Fox News.
In New Jersey, AFP is putting pressure

(http://dyn.politico.com/members/forums/thread.cfm?
catid=22&subcatid=76&threadid=5150425) on Gov. Chris Christie (R) to drop out of RGGI,
and has launched a TV and radio ad campaign
(http://www.americansforprosperity.org/021311-americans-prosperity-launches-media-
blitz-against-rggi-cap-and-trade-scheme) in the state arguing that RGGI will drive electric
rates “through the roof,” resulting in “higher taxes, lost jobs, and less freedom.” The group
has also been pressuring (/article/2010-11-09-the-post-election-outlook-for-regional-cap-
and-trade/PALL) Maine Gov. Paul LePage (R) to pull out.
In Arizona, AFP started publicly campaigning (http://americansforprosperity.org/040609-

study-projects-az-job-losses-wci-cap-and-trade-scheme) in 2009 to get the state to withdraw
from the Western Climate Initiative. Its efforts paid off
(http://www.americansforprosperity.org/021110-kudos-gov-brewer-pulling-az-out-wci) in
February 2010 when Arizona Gov. Jan Brewer (R) issued an executive order
(http://www.azcentral.com/arizonarepublic/news/articles/2010/02/11/20100211climate-
brewer0211.html) announcing that the state would not participate in a cap-and-trade system
under WCI, though she stopped short of pulling the state out of the accord entirely.
In Michigan, AFP is pushing (http://www.michiganafp.com/no-mi-cap-and-trade/) new

GOP Gov. Rick Snyder to reject the Midwestern Greenhouse Gas Reduction Accord. A post
(http://www.michiganafp.com/2010/05/russ-harding-time-to-abandon-midwest-
greenhouse-accord/) on the AFP Michigan site praises a 2010 resolution (with ALEC
language) that would have pulled the state out of the accord, and warns, “Similar resolutions
will be introduced by legislators in Wisconsin, Iowa and Minnesota.”
For more, check out the AFP website’s “RGGI Repeal Resource
(http://americansforprosperity.org/021511-your-rggi-repeal-resource-0)” page.
(https://grist.org/give/?
utm_campaign=2016-spring-
appeal&utm_medium=site&utm_source=banner&utm_content=banner-1)
(https://grist.org/feature/an-inconvenient-truth-oral-history)
(https://grist.org/sponsored/8-reasons-the-business-world-is-looking-for-sustainability-
experts/)
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More and more businesses are upping their green game -- in both senses of the hue -- and are looking to hire people
who can help them do it.
(https://grist.org/article/another-inconvenient-truth-great-journalism-aint-free/)
Another inconvenient truth: Great journalism ain’t free (https://grist.org/article/another-

inconvenient-truth-great-journalism-aint-free/)
Al Gore’s movie cost a cool million. We’re asking you for a lot less.
(https://grist.org/article/make-america-green-again/)
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(https://grist.org/justice/love-canal-the-toxic-suburb-that-helped-launch-the-modern-
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(https://grist.org/living/which-birth-control-works-best-and-creates-the-least-waste/)
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7/18/2016 MI HR0134 | 2011-2012 | 96th Legislature | LegiScan
MI HR0134 | 20112012 | 96th Legislature
Michigan House Resolution 134 (Prior Session Legislation)
Status
Spectrum: Partisan Bill (Republican 240)
Status: Introduced on September 27 2011 25% progression, died in committee
Action: 20110927 Referred To Committee On Energy And Technology
Pending: House Energy And Technology Committee
Text: Latest bill text (Introduced) [HTML]
Summary
A resolution to urge the Governor to expedite Michigan’s withdrawal from the Midwestern Greenhouse Gas Reduction Accord.
Title
A resolution to urge the Governor to expedite Michigan’s withdrawal from the Midwestern Greenhouse Gas Reduction Accord.
Sponsors
Rep. Aric Rep. Robert Rep. Ed
Rep. Ben Glardon [R]
Nesbitt [R] Genetski [R] McBroom [R]
Rep. David Rep. Thomas Rep. Pat
Rep. Pete Lund [R]
Agema [R] McMillin [R] Somerville [R]
Rep. Eileen Rep. Joe Sen. Marty Sen. Michael
Kowall [R] Haveman [R] Knollenberg [R] Shirkey [R]
Rep. Kevin Rep. Matthew Rep. Frank
Rep. Ray Franz [R]
Cotter [R] Lori [R] Foster [R]
Rep. Alton Rep. Ricky Rep. Jon Rep. Hugh
Pscholka [R] Outman [R] Bumstead [R] Crawford [R]
Rep. Kurt Rep. Thomas Rep. Kenneth
Rep. Matt Huuki [R]
Heise [R] Hooker [R] Kurtz [R]
History
Date Chamber Action
20110927 House Referred To Committee On Energy And Technology

20110927 House Introduced By Representative Aric Nesbitt
Subjects
Governor
Midwestern Greenhouse Gas Reduction Accord
Michigan State Sources
Type Source
Summary http://legislature.mi.gov/doc.aspx?2011HR0134
Text http://www.legislature.mi.gov/documents/20112012/resolutionintroduced/House/htm/2011HIR0134.htm
Bill Comments
https://legiscan.com/MI/bill/HR134/2012 1/2
7/18/2016 MI HR0134 | 2011-2012 | 96th Legislature | LegiScan
https://legiscan.com/MI/bill/HR134/2012 2/2
7/18/2016 SF 235 Status in the Senate for the 87th Legislature (2011 - 2012)
Minnesota State Legislature

Minnesota Senate
SF 235 Status in the Senate for the 87th Legislature (2011 2012)
Current bill text: As Introduced Companion: HF413; Revisor number: 111410
Version List Companion Text
House Search
Long Description Committee Hearings and Actions Senate Counsel & Research

Summary
Description
Greenhouse gas emissions reduction goals repeal
Authors
Jungbauer
Actions
Separated Chronological
Senate
02/07/2011 Introduction and first reading pg. 185 Intro

02/07/2011 Referred to Environment and Natural Resources
https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0235&ssn=0&y=2011 1/1
7/18/2016 HF 509 Status in the House for the 87th Legislature (2011 - 2012)

Minnesota House of Representatives
HF 509 Status in the House for the 87th Legislature (2011 2012)
Current bill text: As Introduced Companion: SF293; Revisor number: 111642
Senate Search
Long Description Further Committee Actions House Research Summary
Description
Greenhouse gas emissions control eliminated.
Authors
Beard
Actions
House
02/14/2011 Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and
Finance pg. 369 Intro
https://www.revisor.mn.gov/bills/bill.php?b=House&f=HF0509&ssn=0&y=2011 1/1
Exxon CEO says more fracking rules hinder development | Reuters http://webcache.googleusercontent.com/search?q=cache:pFDE...
Business Markets World Politics Tech Commentary Breakingviews Money Life

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EDITION: UNITED STATES SIGN IN
Business | Fri Mar 9, 2012 3:03pm EST
Exxon CEO says more fracking rules hinder development

HOUSTON | BY KRISTEN HAYS
Gasoline (regular grade) prices hover at one-tenth of a cent under the $5.00 mark at an Exxon station in Washington March 2, 2012.
REUTERS/Gary Cameron
Gasoline (regular grade) prices hover at one-tenth of a cent under the $5.00 mark at an Exxon station in Washington TRENDING ON REUTERS
March 2, 2012.
REUTERS/GARY CAMERON REUTERS/Mario
Prosecutor confirmsAnzuoni
Google Paris raid in
tax
the evasion
last probe
24 hours.
1
State and local regulations in shale oil- and natural gas-rich plays across the United States
Obama prods Vietnam on rights after
provide sufficient oversight, compared to the "dysfunctional" federal layers that could hinder activists stopped from meeting him | 2
development as well as the economic recovery, Exxon Mobil Corp (XOM.N) Chief Video
REUTERS GRAPHIC
Executive Rex Tillerson said on Friday. Egyptian head of forensics denies reports
House Run from the A
of explosion on plane: state news 3
Tillerson, addressing an audience of energy executives at the annual CERAWeek
Commentary: For Europe, the party's
conference in Houston, said layers, complex regulatory processes in oil and gas Reuters Graphic
over. It’s not clear what comes next. 4
development "has become an obstacle to getting anything done."
North Korean envoy rejects Trump
"This type of dysfunctional regulation is holding back the American economic recovery, overture to meet leader 5
growth, and global competitiveness," he said.
Tillerson said state and local governments needed protections sufficiently to oversee oil
and gas activity while collaborating with producers.
"They provide us the road map with how to get something done," Tillerson said. "Today the
regulatory process is now so complicated and so involved with so many different agencies,
it's a road map of how to not get anything done."
White House spokesman Clark Stevens said in an email to Reuters that the Obama
Administration is developing "sensible standards to protect air and water quality" with input
from the industry and others to ensure continued production.
CEOs of two other European major oil and gas producers appeared more conciliatory
about regulations when they addressed executives at the conference earlier this week, but
they didn't overtly differentiate state and local regulations from federal oversight.
Peter Voser, CEO of Royal Dutch Shell (RDSa.L) said the industry can handle
environmental and operational challenges of tight and shale gas production, particularly
when governed by "well-targeted and robustly enforced regulations."
And Helge Lund, CEO of Norway's Statoil (STL.OL), said public trust and confidence in the
industry's ability to maintain safe operations is crucial.
"There is a huge upside for working to ensure we have the right regulations, rather than
being perceived as the industry that fights regulations," Lund said.
Tillerson cited as an "unfortunate decision" President Barack Obama's rejection of a federal

permit to allow TransCanada (TRP.TO) to build its proposed $7 billion Keystone XL pipeline
from Canada to Texas to transport Canadian oil to U.S. Gulf Coast refineries.
Environmental groups and some states had opposed the pipeline on integrity concerns and
1 of 2 5/31/16, 12:20 PM
Exxon CEO says more fracking rules hinder development | Reuters http://webcache.googleusercontent.com/search?q=cache:pFDE...
Business Markets World Politics Tech Commentary Breakingviews Money Life
Tillerson called the rejection "a product of political calculations in Washington."
He also said the industry learns from mistakes, such as the 2010 blowout of a BP Plc
(BP.L) deepwater well in the Gulf of Mexico that spewed more than 4 million barrels of
crude into the basin.
"It reminded all of us that the failure to manage risk effectively carries enormous
consequences, in terms of loss of life, significant financial impact, and environmental
harm," Tillerson said.
(Reporting By Kristen Hays and additional reporting by Timothy Gardner in Washington;

Editing by Marguerita Choy and Sofina Mirza-Reid)
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2 of 2 5/31/16, 12:20 PM
Exxon Mobil spent $2 million on pro-fracking ad campaign : Shale... http://shalemediagroup.com/2013/04/01/exxon-mobil-spent-2-milli...
WORLD SHALE PLAYS PARTNERS 2015 OIL & GAS AWARDS SHALE DIRECTORIES SHALE MARKETS
b j a s
HOME NEWS ORIGINAL CONTENT VIDEO RADIO EVENTS
Exxon Mobil spent $2 million on

pro-fracking ad campaign
By Adam Larson
On April 1, 2013 4:05 pm
stargazette.com
Written by Gannett Albany Bureau

ALBANY — Oil giant Exxon Mobil Corp. spent $2 million on a pro-drilling advertising Sponsors
campaign en route to becoming New York’s second-highest spender on lobbying last year,
according to a report Thursday from the state’s ethics board.
Exxon Mobil spent $2.1 million total on its New York lobbying in 2012, second only to the
$4.2 million spent by a coalition of business interests known as the Committee to Save New
York, the Joint Commission on Public Ethics found.
State records show the company sent $2 million in July to the Independent Oil & Gas
Association of New York, a trade group, to fund a series of newspaper and radio
advertisements in support of high-volume hydraulic fracturing. The much-debated method,
also known as fracking, is used to help unlock natural gas from the gas-rich Marcellus Shale
formation and has been on hold in New York since 2008.
“We felt it was important to support exxon mobil spendning 2 mil

the campaign that they were
putting forward and the public-
education initiatives that we wanted to support,” said Alan Jeffers, an Exxon spokesman.
Overall, lobbying spending totaled $205 million in 2012, a 7 percent decline from the $220
million spent the previous year, according to the ethics board’s report. It was the first time
year-to-year spending had decreased since 1999 and 2000, and the lowest total spent on
lobbying since 2008.
Exxon Mobil, the world’s largest publicly traded company, has an interest in whether Gov.
Andrew Cuomo’s administration ultimately allows large-scale hydrofracking. In 2008, XTO
Energy — now a subsidiary of Exxon — struck a $110 million deal to lease the oil-and-gas
rights to about 46,000 acres of land in eastern Broome and Delaware counties in the
Marcellus Shale region.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 745 2013
1 A bill to be entitled
2 An act relating to public records; amending s. 377.45,
3 F.S.; providing an exemption from public records
4 requirements for trade secrets relating to hydraulic
5 fracturing treatments held by the Department of
6 Environmental Protection in connection with the
7 department's online hydraulic fracturing chemical
8 registry; providing procedures and requirements with
9 respect to maintaining the confidentiality of such
10 trade secrets; providing for disclosure under
11 specified circumstances; providing for future
12 legislative review and repeal of the exemption under
13 the Open Government Sunset Review Act; providing a
14 statement of public necessity; providing a contingent
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (4) of section 377.45, Florida
20 Statutes, as created by HB 743, 2013 Regular Session, is
21 renumbered as subsection (5), and a new subsection (4) is added
22 to that section, to read:
23 377.45 Hydraulic fracturing chemical registry.—
24 (4)(a) Trade secrets, as defined in s. 812.081(1)(c),
25 relating to hydraulic fracturing treatments held by the
26 department in connection with the online hydraulic fracturing
27 chemical registry, are confidential and exempt from s. 119.07(1)
28 and s. 24(a), Art. I of the State Constitution if the person
Page 1 of 4
CODING: Words stricken are deletions; words underlined are additions.

hb0745-01-c1
CS/HB 745 2013
29 submitting such trade secret to the department:

30 1. Requests that the trade secret be kept confidential and
31 exempt;
32 2. Informs the department of the basis for the claim of
33 trade secret; and
34 3. Clearly marks each page of a document or specific
35 portion of a document containing information claimed to be a
36 trade secret as "trade secret."
37 (b) If the department receives a public records request
38 for a document that is marked trade secret under this section,
39 the department must promptly notify the person who submitted the
40 information as a trade secret. The notice must inform such
41 person that the person has 30 days following receipt of such
42 notice to file an action in circuit court seeking a
43 determination whether the document in question contains trade
44 secrets and an order barring public disclosure of the document.
45 If the person files an action within 30 days after receipt of
46 notice of the public records request, the department may not
47 release the documents pending the outcome of the legal action.
48 The failure to file an action within 30 days constitutes a
49 waiver of any claim of confidentiality, and the department shall
50 release the document as requested.
51 (c) Confidential and exempt trade secrets may be
52 disclosed:
53 1. To another governmental entity in order for such entity
54 to properly perform its statutory duties and responsibilities;
55 or
56 2. When relevant in any proceeding under this part. Those
Page 2 of 4

hb0745-01-c1
CS/HB 745 2013
57 involved in any proceeding under this section, including, but

58 not limited to, an administrative law judge, a hearing officer,
59 or a judge or justice, must maintain the confidentiality of any
60 trade secret information revealed at such proceeding.
61 (d) This paragraph is subject to the Open Government
62 Sunset Review Act in accordance with s. 119.15 and shall stand
63 repealed on October 2, 2018, unless reviewed and saved from
64 repeal through reenactment by the Legislature.
65 Section 2. The Legislature finds that it is a public
66 necessity that trade secrets, as defined in s. 812.081(1)(c),
67 Florida Statutes, relating to hydraulic fracturing treatments
68 held by the Department of Environmental Protection in connection
69 with the online hydraulic fracturing chemical registry be made
70 confidential and exempt from s. 119.07(1), Florida Statutes, and
71 s. 24(a), Article I of the State Constitution. Trade secrets
72 must be held confidential and exempt from public records
73 requirements because the disclosure of such information would
74 create an unfair competitive advantage for persons receiving
75 such information, which would adversely impact the service
76 company, chemical supplier, or well owner or operator that
77 provides chemical ingredients for a well or wells on which
78 hydraulic fracturing treatments are performed. If such
79 confidential and exempt information regarding trade secrets were
80 released pursuant to a public records request, others would be
81 allowed to take the benefit of the trade secrets without
82 compensation or reimbursement to the service company or chemical
83 supplier or well owner or operator.
84 Section 3. This act shall take effect on the same date
Page 3 of 4

hb0745-01-c1
CS/HB 745 2013
85 that HB 743 or similar legislation takes effect, if such

86 legislation is adopted in the same legislative session or an
87 extension thereof and becomes law.
Page 4 of 4

hb0745-01-c1
5/31/2016 Illinois General Assembly - Full Text of HB2615
Home Legislation & Laws Senate House My Legislation Site Map
Previous General Full Text of HB2615
Assemblies
Introduced
House Amendment 001 House Amendment 002 House Amendment 003
PrinterFriendly Version PDF Bill Status
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2615
Introduced 2/21/2013, by Rep. John E. Bradley David Reis
Naomi D. Jakobsson Mike Bost Ann Williams, et al.
SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.826 new
Creates the Illinois Hydraulic Fracturing Regulatory Act.

Prohibits high volume horizontal hydraulic fracturing operations
performed without a permit. Regulates where high volume
horizontal hydraulic fracturing operations are proposed, planned,
or occurring may be located. Provides requirements for permit
applications, modification, suspension, and revocation of
permits, insurance, well construction and drilling, disclosures,
water quality monitoring, investigation and enforcement,
violations and penalties, and administrative review. Authorizes
the Department of Natural Resources to adopt rules as may be
necessary to accomplish the purposes of this Act. Amends the
State Finance Act. Creates the Mines and Minerals Regulatory
Fund. Effective immediately.
LRB098 10864 MGM 41398 b
CORRECTIONAL BUDGET
FISCAL NOTE ACT MAY
AND IMPACT NOTE ACT
APPLY
MAY APPLY
http://ilga.gov/legislation/fulltext.asp?DocName=&SessionId=85&GA=98&DocTypeId=HB&DocNum=2615&GAID=12&LegID=74421&SpecSess=&Session= 1/71

A BILL FOR
HB2615 LRB098 10864 MGM 41398 b
1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the
5 Hydraulic Fracturing Regulatory Act.

6 Section 5. Definitions. For the purposes of this Act,
7 unless the context otherwise requires:
8 "Agency" means the Illinois Environmental Protection
9 Agency.
10 "Aquatic life" means all fish, reptiles, amphibians,
11 crayfish, and mussels.
12 "Aquifer" means saturated (with groundwater) soils and
13 geologic materials that are sufficiently permeable to readily
14 yield economically useful quantities (at least 70 gallons per
15 minute) of fresh water to wells, springs, or streams under
16 ordinary hydraulic gradients.
17 "Base fluid" means the continuous phase fluid type,
18 including, but not limited to, water used in a high volume
19 horizontal hydraulic fracturing operation.
20 "BTEX" means benzene, toluene, ethylbenzene, and xylene.
21 "Chemical" means any element, chemical compound, or
22 mixture of elements or compounds that has its own specific name
23 or identity, such as a Chemical Abstracts Service number,

HB2615 2 LRB098 10864 MGM 41398 b
1 regardless of whether the chemical is subject to the

2 requirements of paragraph (2) of subsection (g) of 29 Code of
3 Federal Regulations §1910.1200.
4 "Chemical Abstracts Service" means the division of the
5 American Chemical Society that is the globally recognized
6 authority for information on chemical substances.
7 "Chemical Abstracts Service number" or "CAS number" means
8 the unique identification number assigned to a chemical by the
9 Chemical Abstracts Service.
10 "Completion combustion device" means any ignition device,
11 installed horizontally or vertically, used in exploration and
12 production operations to combust otherwise vented emissions.
13 "Delineation well" means a well drilled in order to
14 determine the boundary of a field or producing reservoir.
15 "Department" means the Illinois Department of Natural
16 Resources.
17 "Director" means the Director of Natural Resources.
18 "Flare" means a thermal oxidation system using an open,
19 enclosed, or semi-enclosed flame. "Flare" does not include
20 completion combustion devices as defined in this Section.
21 "Flowback period" means the process of allowing fluids to
22 flow from a well following a treatment, either in preparation
23 for a subsequent phase of treatment or in preparation for
24 cleanup and returning the well to production. "Flowback period"
25 begins when the material the hydraulic fracturing fluid returns
26 to the surface following hydraulic fracturing or

HB2615 3 LRB098 10864 MGM 41398 b
1 re-fracturing. "Flowback period" ends with either well shut in

2 or when the well is producing continuously to the flow line or
3 to a storage vessel for collection, whichever occurs first.
4 "Fresh water" means surface and subsurface water in its
5 natural state that is suitable for drinking water for human
6 consumption, domestic livestock, irrigation, industrial,
7 municipal and recreational purposes, that is capable of
8 supporting aquatic life, and contains less than 10,000 ppm
9 total dissolved solids.
10 "Gas" means all natural gas, including casinghead gas, and
11 all other natural hydrocarbons not defined as oil.
12 "Groundwater" means any water below the land surface that
13 is within the saturated zone or geologic materials where the
14 fluid pressure in the pore space is equal to or greater than
15 atmospheric pressure.
16 "Health professional" means a physician, physician
17 assistant, nurse practitioner, a registered professional
18 nurse, emergency medical technician, or other individual
19 appropriately licensed or registered to provide health care
20 services.
21 "High volume horizontal hydraulic fracturing operations"
22 means all stages of a stimulation treatment of a horizontal
23 well as defined by this Act by the pressurized application of
24 more than 80,000 gallons per stage of hydraulic fracturing
25 fluid and proppant to initiate or propagate fractures in a
26 geologic formation to enhance extraction or production of oil

HB2615 4 LRB098 10864 MGM 41398 b
1 or gas.
2 "High volume horizontal hydraulic fracturing permit" means
3 the permit issued by the Department under this Act allowing
4 high volume horizontal hydraulic fracturing operations to
5 occur at a well site.
6 "High volume horizontal hydraulic fracturing treatment"
7 shall have the same definition as "High volume horizontal
8 hydraulic fracturing operations".
9 "Horizontal well" means a well with a wellbore drilled
10 laterally at an angle of at least 80 degrees to the vertical
11 and with a horizontal projection exceeding 100 feet measured
12 from the initial point of penetration into the productive
13 formation through the terminus of the lateral in the same
14 common source of hydrocarbon supply.
15 "Hydraulic fracturing additive" means any chemical
16 substance or combination of substances, including, but not
17 limited to, any chemical and proppant that is added to a base
18 fluid for the purposes of preparing a hydraulic fracturing
19 fluid for a high volume horizontal hydraulic fracturing
20 operation.
21 "Hydraulic fracturing flowback" means all hydraulic
22 fracturing fluid and other fluids that return to the surface
23 after a stage of high volume horizontal hydraulic fracturing
24 operations has been completed and prior to the well being
25 placed in production.
26 "Hydraulic fracturing fluid" means the mixture of the base

HB2615 5 LRB098 10864 MGM 41398 b
1 fluid and all the hydraulic fracturing additives, used to

2 perform high volume horizontal hydraulic fracturing.
3 "Hydraulic fracturing string" means any pipe or casing
4 string used for the transport of hydraulic fracturing fluids
5 during the conduct of the high volume horizontal hydraulic
6 fracturing operations.
7 "Intake" means a pipe or other means to withdraw raw water
8 from a water source.
9 "Landowner" means the legal title holder or owner of real
10 property and includes an owner of an undivided interest, a life
11 tenant, a remainderman, a public or private corporation, a
12 trustee under an active trust, and the holder of the beneficial
13 interest under a land trust. "Landowner" does not include a
14 mortgagee, a trustee under a trust deed in the nature of a
15 mortgage, a lien holder, or a lessee.
16 "Low pressure well" means a well with reservoir pressure
17 and vertical well depth such that 0.445 times the reservoir
18 pressure (in psia) minus 0.038 times the vertical well depth
19 (in feet) minus 67.578 psia is less than the flow line pressure
20 at the sales meter.
21 "Nature preserve" shall have the same meaning as provided
22 in Section 3.11 of the Illinois Natural Areas Preservation Act.
23 "Oil" means natural crude oil or petroleum and other
24 hydrocarbons, regardless of gravity, which are produced at the
25 well in liquid form by ordinary production methods or by the
26 use of an oil and gas separator and which are not the result of

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1 condensation of gas after it leaves the underground reservoir.

2 "Operator" means the individual or entity controlling the
3 right to drill or produce a horizontal well in accordance with
4 the requirements of the Illinois Oil and Gas Act.
5 "Owner" shall have the same meaning as provided in Section
6 1 of the Illinois Oil and Gas Act.
7 "Perennial stream" means a stream that has continuous flow
8 in its stream bed during all of the calendar year.
9 "Permit" means a high volume horizontal hydraulic
10 fracturing permit.
11 "Permittee" means a person holding a high volume horizontal
12 hydraulic fracturing permit under this Act.
13 "Person" means any individual, partnership,
14 co-partnership, firm, company, limited liability company,
15 corporation, association, joint stock company, trust, estate,
16 political subdivision, state agency, or any other legal entity
17 or their legal representative, agent, or assigns.
18 "Pollution or diminution" means:
19 (1) in groundwater, any of the following:
20 (A) detection of benzene or any other carcinogen in
21 any Class I, Class II, or Class III groundwater;
22 (B) detection of any constituent in item (i) of
23 subparagraph (A) of paragraph (3) of subsection (a) of
24 35 Ill. Adm. Code 620.310 equal to or above the listed
25 preventive response criteria in any Class I, Class II,
26 or Class III groundwater;

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1 (C) detection of any constituent in 35 Ill. Adm.

2 Code 620.410 (a), (b), (c), (d) or (e) equal to or
3 above the listed standard in any Class I, Class II, or
4 Class III groundwater;
5 (D) detection of any constituent in Class III
6 groundwater equal to or above a standard established
7 under 35 Ill. Adm. Code 620.260; or
8 (E) detection of any constituent in Class I, Class
9 II, or Class III groundwater equal to or above a
10 cleanup objective listed in 35 Ill. Adm. Code 742.
11 (2) in surface water, exceeding any applicable numeric
12 or narrative standard in 35 Ill. Adm. Code Part 302 or Part
13 304.
14 "Produced water" means water, regardless of chloride and
15 total dissolved solids content, that is produced in conjunction
16 with oil or natural gas production or natural gas storage
17 operations, but does not include hydraulic fracturing
18 flowback.
19 "Proppant" means sand or any natural or man-made material
20 that is used during high volume horizontal hydraulic fracturing
21 operations to prop open the artificially created or enhanced
22 fractures.
23 "Public water supply" means all mains, pipes, and
24 structures through which water is obtained and distributed to
25 the public, including wells and well structures, intakes and
26 cribs, pumping stations, treatment plants, reservoirs, and

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1 storage tanks and appurtenances, collectively or severally,

2 actually used or intended for use for the purpose of furnishing
3 water for drinking or general domestic use, and which serves at
4 least 15 service connections or which regularly serves at least
5 25 persons at least 60 days per year.
6 "Register of Land and Water Reserves" means the list of
7 areas registered in accordance with Section 16 of the Illinois
8 Natural Areas Preservation Act and Part 4010 of Title 17 of the
9 Illinois Administrative Code.
10 "Release" means any spilling, leaking, pumping, pouring,
11 emitting, emptying, discharging, injecting, escaping,
12 leaching, dumping, or disposing into the environment.
13 "Serious violation" means any violation set forth in 62
14 Ill. Adm. Code 240.140(c).
15 "Service connection" means the opening, including all
16 fittings and appurtenances, at the water main through which
17 water is supplied to the user.
18 "Surface water" means all water that is open to the
19 atmosphere and subject to surface runoff.
20 "Total water volume" means the total quantity of water from
21 all sources used in the high volume horizontal hydraulic
22 fracturing operations, including surface water, groundwater,
23 produced water, or recycled water.
24 "True vertical depth" or "TVD" means the vertical distance
25 from a depth in a planned or existing wellbore or well to a
26 point at the surface.

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1 "Water pollution" means any alteration of the physical,

2 thermal, chemical, biological, or radioactive properties of
3 any waters of the State, or the discharge of any contaminant
4 into any water of the State, as will or is likely to create a
5 nuisance or render the waters harmful, detrimental, or
6 injurious to public health, safety, or welfare, or to domestic,
7 commercial, industrial, agricultural, recreational, or other
8 legitimate uses, or to livestock, wild animals, birds, or fish
9 or other aquatic life.
10 "Water source" means (1) any existing water well or
11 developed spring used for human or domestic animal consumption,
12 or (2) any river, perennial stream, aquifer, natural or
13 artificial lake, pond, wetland listed on the Register of Land
14 and Water Reserves, or reservoir.
15 "Well" means any drill hole required to be permitted under
16 the Illinois Oil and Gas Act.
17 "Well site" means surface areas, including the well,
18 occupied by all equipment or facilities necessary for or
19 incidental to high volume horizontal hydraulic fracturing
20 operations, drilling, production, or plugging a well.
21 "Wildcat well" means a well outside known fields or the
22 first well drilled in an oil or gas field where no other oil
23 and gas production exists.
24 "Wildlife" means any bird or mammal that are by nature wild
25 by way of distinction from those that are naturally tame and
26 are ordinarily living unconfined in a state of nature without

HB2615 10 LRB098 10864 MGM 41398 b
1 the care of man.

2 Section 10. Intergovernmental cooperation. The Department
3 shall have the primary authority to administer the provisions
4 of this Act. The Illinois State Geological Survey, the Illinois
5 State Water Survey, and the Agency shall be advised of high
6 volume horizontal hydraulic fracturing permit applications
7 received by the Department and lend assistance as required by
8 the provisions of this Act.

9 Section 15. Powers and duties.
10 (a) Except as otherwise provided, the Department shall
11 enforce this Act and all rules and orders adopted in accordance
12 with this Act.
13 (b) Except as otherwise provided, the Department shall have
14 jurisdiction and authority over all persons and property
15 necessary to enforce the provisions of this Act effectively. In
16 aid of this jurisdiction, the Director, or anyone designated in
17 writing by the Director, shall have the authority to administer
18 oaths and to issue subpoenas for the production of records or
19 other documents and for the attendance of witnesses at any
20 proceedings of the Department.
21 (c) The Department may authorize any employee of the
22 Department, qualified by training and experience, to perform
23 the powers and duties set forth in this Act.
24 (d) For the purpose of determining compliance with the

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1 provisions of this Act and any orders or rules entered or

2 adopted under this Act, the Department shall have the right at
3 all times to go upon and inspect properties where high volume
4 horizontal hydraulic fracturing operations are being or have
5 been conducted.
6 (e) The Department shall make any inquiries as it may deem
7 proper to determine whether a violation of this Act or any
8 orders or rules entered or adopted under this Act exists or is
9 imminent. In the exercise of these powers, the Department shall
10 have the authority to collect data; require testing and
11 sampling; to make investigation and inspections; to examine
12 properties, including records and logs; to examine, check, and
13 test hydrocarbon wells; to hold hearings; to adopt
14 administrative rules; and to take any action as may be
15 reasonably necessary to enforce this Act.
16 (f) The Department may specify the manner in which all
17 information required to be submitted under this Act is
18 submitted.

19 Section 20. Applicability. This Act applies to all wells
20 where high volume horizontal hydraulic fracturing operations
21 are planned, have occurred, or are occurring in this State. The
22 provisions of this Act shall be in addition to the provisions
23 of the Illinois Oil and Gas Act. However, if there is a
24 conflict, the provisions of the Illinois Oil and Gas Act are
25 superseded by this Act.

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1 Section 25. Setbacks and prohibitions.

2 (a) Except as otherwise provided in this Section, no well
3 site where high volume horizontal hydraulic fracturing
4 operations are proposed, planned, or occurring may be located
5 as follows. Unless specified otherwise, all distances shall be
6 measured from the closest edge of the well site:
7 (1) within 500 feet measured horizontally from any
8 residence or place of worship unless the owner of the
9 residence or the governing body of the place of worship
10 otherwise expressly agrees in writing to a closer well
11 location;
12 (2) within 500 feet measured horizontally from the edge
13 of the property line from any school, hospital, or licensed
14 nursing home facility;
15 (3) within 500 feet measured horizontally from the
16 surface location of any existing water well or developed
17 spring used for human or domestic animal consumption,
18 unless the owner or owners of the well or developed spring
19 otherwise expressly agrees or agree in writing to a closer
20 well location;
21 (4) within 300 feet measured horizontally from the
22 center of a perennial stream or from the ordinary high
23 water mark of any river, natural or artificial lake, pond,
24 or reservoir;
25 (5) within 750 feet of a nature preserve or a site on

HB2615 13 LRB098 10864 MGM 41398 b
1 the Register of Land and Water Reserves;

2 (6) within 1,500 feet of a surface water or groundwater
3 intake of a public water supply; the distance from the
4 public water supply as identified by the Department shall
5 be measured as follows:
6 (A) For a surface water intake on a lake or
7 reservoir, the distance shall be measured from the
8 intake point on the lake or reservoir.
9 (B) For a surface water intake on a flowing stream,
10 the distance shall be measured from a semicircular
11 radius extending upstream of the surface water intake.
12 (C) For a groundwater source, the distance shall be
13 measured from the surface location of the wellhead or
14 the ordinary high water mark of the spring.
15 The distance restrictions under this subsection (a) shall
16 be determined as conditions exist at the time of the submission
17 of the permit application under this Act.
18 (b) Notwithstanding any other provision of this Section,
19 the owner of a water source identified in paragraph (4) of
20 subsection (a) of this Section that is wholly contained within
21 the owner's property may expressly agree in writing to a closer
22 well location.
23 (c) It is unlawful to inject or discharge hydraulic
24 fracturing fluid, produced water, BTEX, diesel, or petroleum
25 distillates into fresh water.
26 (d) It is unlawful to perform any high volume horizontal

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1 hydraulic fracturing operations by knowingly or recklessly

2 injecting diesel or any petroleum distillates.

3 Section 30. High volume horizontal hydraulic fracturing
4 permit required.
5 (a) Notwithstanding any other provision of law, a person
6 may not drill, deepen, or convert a horizontal well where high
7 volume horizontal hydraulic fracturing operations are planned
8 or occurring or convert a vertical well into a horizontal well
9 where high volume horizontal hydraulic fracturing operations
10 are planned in this State, unless the person has been issued a
11 permit by the Department under this Act and has obtained all
12 applicable authorizations required by the Illinois Oil and Gas
13 Act.
14 (b) If multiple wells are to be stimulated using high
15 volume horizontal hydraulic fracturing operations from a
16 single well site, then a separate permit shall be obtained for
17 each well at the site.

19 permit application.
20 (a) Every applicant for a permit under this Act shall first
21 register with the Department at least 30 days before applying
22 for a permit. The Department shall provide a registration form
23 within 90 days after the effective date of this Act. The
24 registration form shall require the following information:

HB2615 15 LRB098 10864 MGM 41398 b
1 (1) the name and address of the registrant and any

2 parent, subsidiary, or affiliate thereof;
3 (2) disclosure of all findings of a serious violation
4 or an equivalent violation under federal or state laws or
5 regulations in the development or operation of an oil or
6 gas exploration or production site via hydraulic
7 fracturing by the applicant or any parent, subsidiary, or
8 affiliate thereof within the previous 5 years; and
9 (3) proof of insurance to cover injuries, damages, or
10 loss related to pollution or diminution in the amount of at
11 least $5,000,0000, from an insurance carrier authorized,
12 licensed, or permitted to do this insurance business in
13 this State that holds at least an A- rating by A.M. Best &
14 Co. or any comparable rating service.
15 A registrant must notify the Department of any change in
16 the information identified in paragraphs (1), (2), or (3) of
17 this subsection (a) at least annually or upon request of the
18 Department.
19 (b) Every applicant for a permit under this Act must submit
20 the following information to the Department on an application
21 form provided by the Department:
22 (1) the name and address of the applicant and any
23 parent, subsidiary, or affiliate thereof;
24 (2) the proposed well name and address and legal
25 description of the well site and its unit area;
26 (3) a statement whether the proposed location of the


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1 well site is in compliance with the requirements of Section

2 25 of this Act and a plat, which shows the proposed surface
3 location of the well site, providing the distance in feet,
4 from the surface location of the well site to the features
5 described in subsection (a) of Section 25 of this Act;
6 (4) a detailed description of the proposed well to be
7 used for the high volume horizontal hydraulic fracturing
8 operations including, but not limited to, the following
9 information:
10 (A) the approximate total depth to which the well
11 is to be drilled or deepened;
12 (B) the proposed angle and direction of the well;
13 (C) the actual depth or the approximate depth at
14 which the well to be drilled deviates from vertical;
15 (D) the angle and direction of any nonvertical
16 portion of the wellbore until the well reaches its
17 total target depth or its actual final depth; and
18 (E) the estimated length and direction of the
19 proposed horizontal lateral or wellbore;
20 (5) the estimated depth and elevation, according to the
21 most recent publication of the Illinois State Geological
22 Survey of Groundwater for the location of the well, of the
23 lowest potential fresh water along the entire length of the
24 proposed wellbore;
25 (6) a detailed description of the proposed high volume
26 horizontal hydraulic fracturing operations, including, but

HB2615 17 LRB098 10864 MGM 41398 b
1 not limited to, the following:

2 (A) the formation affected by the high volume
3 horizontal hydraulic fracturing operations, including,
4 but not limited to, geologic name and geologic
5 description of the formation that will be stimulated by
6 the operation;
7 (B) the anticipated surface treating pressure
8 range;
9 (C) the maximum anticipated injection treating
10 pressure;
11 (D) the estimated or calculated fracture pressure
12 of the producing and confining zones; and
13 (E) the planned depth of all proposed perforations
14 or depth to the top of the open hole section;
15 (7) plat showing all known previous well bores within
16 750 feet of any part of the horizontal well bore that
17 penetrated within 400 vertical feet of the formation that
18 will be stimulated as part of the high volume horizontal
19 hydraulic fracturing operations;
20 (8) unless the applicant documents why the information
21 is not available at the time the application is submitted,
22 a chemical disclosure report identifying each chemical and
23 proppant anticipated to be used in hydraulic fracturing
24 fluid for each stage of the hydraulic fracturing operations
25 including the following:
26 (A) the total volume of water anticipated to be

HB2615 18 LRB098 10864 MGM 41398 b
1 used in the hydraulic fracturing treatment of the well

2 or the type and total volume of the base fluid
3 anticipated to be used in the hydraulic fracturing
4 treatment, if something other than water;
5 (B) each hydraulic fracturing additive anticipated
6 to be used in the hydraulic fracturing fluid, including
7 the trade name, vendor, a brief descriptor of the
8 intended use or function of each hydraulic fracturing
9 additive, and the Material Safety Data Sheet (MSDS), if
10 applicable;
11 (C) each chemical anticipated to be intentionally
12 added to the base fluid, including for each chemical,
13 the Chemical Abstracts Service number, if applicable;
14 and
15 (D) the anticipated concentration, in percent by
16 mass, of each chemical to be intentionally added to the
17 base fluid;
18 (9) a certification of compliance with the Water Use
19 Act of 1983 and applicable regional water supply plans;
20 (10) a fresh water withdrawal and management plan that
21 shall include the following information:
22 (A) the source of the water, such as surface or
23 groundwater, anticipated to be used for water
24 withdrawals, and the anticipated withdrawal location;
25 (B) the anticipated volume and rate of each water
26 withdrawal from each withdrawal location;

HB2615 19 LRB098 10864 MGM 41398 b
1 (C) the anticipated months when water withdrawals

2 shall be made from each withdrawal location;
3 (D) the methods to be used to minimize water
4 withdrawals as much as feasible; and
5 (E) the methods to be used for surface water
6 withdrawals to minimize adverse impact to aquatic
7 life.
8 Where a surface water source is wholly contained
9 within a single property, and the owner of the property
10 expressly agrees in writing to its use for water
11 withdrawals, the applicant is not required to include
12 this surface water source in the fresh water withdrawal
13 and management plan.
14 (11) a plan for the handling, storage, transportation,
15 and disposal or reuse of hydraulic fracturing fluids and
16 hydraulic fracturing flowback. The plan shall identify the
17 specific Class II injection well or wells that will be used
18 to dispose of the hydraulic fracturing flowback. The plan
19 shall describe the capacity of the tanks to be used for the
20 capture and storage of flowback and of the lined reserve
21 pit to be used, if necessary, to temporarily store any
22 flowback in excess of the capacity of the tanks.
23 Identification of the Class II injection well or wells
24 shall be by name, identification number, and specific
25 location and shall include the date of the most recent
26 mechanical integrity test for each Class II injection well;


HB2615 20 LRB098 10864 MGM 41398 b
1 (12) a well site safety plan to address proper safety

2 measures to be employed during high volume horizontal
3 hydraulic fracturing operations for the protection of
4 persons on the site as well as the general public. Within
5 15 calendar days after submitting the permit application to
6 the Department, the applicant must provide a copy of the
7 plan to the county or counties in which hydraulic
8 fracturing operations will occur;
9 (13) a containment plan describing the containment
10 practices and equipment to be used and the area of the well
11 site where containment systems will be employed;
12 (14) a casing and cementing plan that describes the
13 casing and cementing practices to be employed, including
14 the size of each string of pipe, the starting point, and
15 depth to which each string is to be set and the extent to
16 which each string is to be cemented;
17 (15) a traffic management plan that identifies the
18 anticipated roads, streets, and highways that will be used
19 for access to and egress from the well site. The traffic
20 management plan will include a point of contact to discuss
21 issues related to traffic management. Within 10 calendar
22 days after submitting the permit application to the
23 Department, the applicant must provide a copy of the
24 traffic management plan to the county or counties in which
25 the well site is located;
26 (16) the names and addresses of all owners of any real

HB2615 21 LRB098 10864 MGM 41398 b
1 property within 1,500 feet of the proposed well site, as

2 disclosed by the records in the office of the recorder of
3 the county or counties;
4 (17) drafts of the specific public notice and general
5 public notice as required by Section 40 of this Act;
6 (18) statement that the well site at which the high
7 volume horizontal hydraulic fracturing operation will be
8 conducted will be restored in compliance with Section
9 240.1181 of Title 62 of the Illinois Administrative Code
10 and Section 95 of this Act;
11 (19) proof of insurance to cover injuries, damages, or
12 loss related to pollution in the amount of at least
13 $5,000,0000; and
14 (20) any other relevant information which the
15 Department may, by rule, require.
16 (c) Where an application is made to conduct high volume
17 horizontal fracturing operations at a well site located within
18 the limits of any city, village, or incorporated town, the
19 application shall state the name of the city village, or
20 incorporated town and be accompanied with a certified copy of
21 the official consent for the hydraulic fracturing operations to
22 occur of the municipal authorities where the well site is
23 proposed to be located. No permit shall be issued unless
24 consent is secured and filed with the permit application. In
25 the event that an amended location is selected, the original
26 permit shall not be valid unless a new certified consent is

HB2615 22 LRB098 10864 MGM 41398 b
1 filed for the amended location.

2 (d) The hydraulic fracturing permit application shall be
3 accompanied by a bond as required by subsection (a) of Section
4 65 of this Act.
5 (e) Each application for a permit under this Act shall
6 include payment of a non-refundable permit fee. The applicable
7 permit fee shall be deposited into the Mines and Minerals
8 Regulatory Fund for the Department to use to administer and
9 enforce this Act and otherwise support the operations and
10 programs of the Office of Mines and Minerals. The Department
11 shall not initiate its review of the permit application until
12 the applicable fee under this subsection has been submitted to
13 and received by the Department.
14 (f) Each application submitted under this Act shall be
15 signed, under the penalty of perjury, by the applicant or the
16 applicant's designee who has been vested with the authority to
17 act on behalf of the applicant and has direct knowledge of the
18 information contained in the application and its attachments.
19 Any person signing an application shall also sign an affidavit
20 with the following certification:
21 "I certify, under penalty of perjury as provided by law
22 and under penalty of refusal, suspension, or revocation of
23 a high volume horizontal hydraulic fracturing permit, that
24 this application and all attachments are true, accurate,
25 and complete to the best of my knowledge".
26 (g) The permit application shall be submitted to the

HB2615 23 LRB098 10864 MGM 41398 b
1 Department in both electronic and hard copy format. The

2 electronic format shall be searchable.
3 (h) The application for a high volume horizontal hydraulic
4 fracturing permit may be submitted as a combined permit
5 application with the operator's application to drill on a form
6 as the Department shall prescribe. The combined application
7 must include the information required in this Section. If the
8 operator elects to submit a combined permit application,
9 information required by this Section that is duplicative of
10 information required for an application to drill is only
11 required to be provided once as part of the combined
12 application. The submission of a combined permit application
13 under this subsection shall not be interpreted to relieve the
14 applicant or the Department from complying with the
15 requirements of this Act or the Illinois Oil and Gas Act.
16 (i) Upon receipt of a permit application, the Department
17 shall have no more than 60 calendar days from the date it
18 receives the permit application to approve, with any conditions
19 the Department may find necessary, or reject the application
20 for the high volume horizontal hydraulic fracturing permit. The
21 applicant may waive, in writing, the 60-day deadline upon their
22 own initiative or in response to a request by the Department.
23 If at any time during the review period the Department
24 determines that the permit application is not complete under
25 this Act, does not meet the requirements of this Section, or
26 requires additional information, the Department shall notify

HB2615 24 LRB098 10864 MGM 41398 b
1 the applicant in writing of the application's deficiencies and

2 allow the applicant to correct the deficiencies and provide the
3 Department any information requested to complete the
4 application. If the applicant fails to provide adequate
5 supplemental information within the review period, the
6 Department may reject the application.

7 Section 40. Public notice.
8 (a) Within 5 calendar days after the Department's receipt
9 of the high volume horizontal hydraulic fracturing
10 application, the Department shall post notice of its receipt
11 and a copy of the permit application on its website. The notice
12 shall include the dates of the public comment period and
13 directions for interested parties to submit comments.
14 (b) Within 5 calendar days after the Department's receipt
15 of the permit application and notice to the applicant that the
16 high volume horizontal hydraulic fracturing permit application
17 was received, the Department shall provide the Agency, Illinois
18 State Water Survey, and Illinois State Geological Survey with
19 notice of the application.
20 (c) Upon notification that the Department has received the
21 high volume horizontal hydraulic fracturing permit
22 application, the applicant shall provide the following public
23 notice:
24 (1) Applicants shall mail specific public notice by
25 U.S. Postal Service certified mail, return receipt

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1 requested, within 5 calendar days after notification by the

2 Department that the permit application was received, to all
3 persons identified as owners of real property within 1,500
4 feet of the proposed well site, as disclosed by the records
5 in the office of the recorder of the county or counties,
6 and to each municipality and county in which the well site
7 is proposed to be located.
8 (2) Applicants shall provide general public notice by
9 publication, once each week for 2 consecutive weeks
10 beginning no later than 3 calendar days after notification
11 by the Department that the permit application was received,
12 in a newspaper of general circulation published in each
13 county where the well proposed for high volume horizontal
14 hydraulic fracturing operations is proposed to be located.
15 (3) The specific and general public notices required
16 under this subsection shall contain the following
17 information:
18 (A) the name and address of the applicant;
19 (B) the date the application for high volume
20 horizontal hydraulic fracturing permit was filed;
21 (C) the dates for the public comment period and a
22 statement that anyone may file written comments about
23 any portion of the applicant's submitted high volume
24 horizontal hydraulic fracturing permit application
25 with the Department during the public comment period;
26 (D) the proposed well name, reference number

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1 assigned by the Department, and the address and legal

2 description of the well site and its unit area;
3 (E) a statement that the information filed by the
4 applicant in their application for a high volume
5 horizontal hydraulic fracturing permit is available by
6 the Department through its website;
7 (F) the Department's website and the address and
8 telephone number for the Department's Oil and Gas
9 Division;
10 (G) a statement that any person having an interest
11 that is or may be adversely affected, any government
12 agency that is or may be affected, or the county board
13 of a county to be affected under a proposed permit, may
14 file written objections to a permit application and may
15 request a public hearing.
16 (d) After providing the public notice as required under
17 paragraph (2) of subsection (c) of this Section, the applicant
18 shall supplement its permit application by providing the
19 Department with a certification and documentation that the
20 applicant fulfilled the public notice requirements of this
21 Section. The Department shall not issue a permit until the
22 applicant has provided the supplemental material required
23 under this subsection.
24 (e) If multiple applications are submitted at the same time
25 for wells located on the same well site, the applicant may use
26 one public notice for all applications provided the notice is

HB2615 27 LRB098 10864 MGM 41398 b
1 clear that it pertains to multiple applications and conforms to

2 the requirements of this Section. Notice shall not constitute
3 standing for purposes of requesting a public hearing or for
4 standing to appeal the decision of the Department in accordance
5 with the Administrative Review Law.

6 Section 45. Public comment periods.
7 (a) The public comment period shall begin 7 calendar days
8 after the Department's receipt of the permit application and
9 last for 30 calendar days.
10 (b) Where a public hearing is conducted under Section 50 of
11 this Act, the Department may provide for an additional public
12 comment period of 15 days as necessary to allow for comments in
13 response to evidence and testimony presented at the hearing.
14 The additional public comment period shall begin on the day
15 after the public hearing.
16 (c) During any public comment period, any person may file
17 written comments to the Department concerning any portion of
18 the permit application and any issue relating to the
19 applicant's compliance with the requirements of the Act and any
20 other applicable laws.
21 (d) The Department may request that the applicant respond
22 to any substantive public comments obtained during the public
23 comment period.


HB2615 28 LRB098 10864 MGM 41398 b
1 permit; hearing.
2 (a) When a permit application is submitted to conduct high
3 volume horizontal hydraulic fracturing operations for the
4 first time at a particular well site, any person having an
5 interest that is or may be adversely affected, any government
6 agency that is or may be affected, or the county board of a
7 county to be affected under a proposed permit, may file written
8 objections to the permit application and may request a public
9 hearing during the public comment period established under
10 subsection (a) of Section 45 of this Act. The request for
11 hearing shall contain a short and plain statement identifying
12 the person and stating facts demonstrating that the person has
13 an interest that is or may be adversely affected. The
14 Department shall hold a public hearing upon a request under
15 this subsection, unless the request is determined by the
16 Department to (i) lack an adequate factual statement that the
17 person is or may be adversely affected or (ii) be frivolous.
18 (b) Prior to the commencement of a hearing, any person who
19 could have requested the hearing under subsection (a) of this
20 Section may petition the Department to participate in the
21 hearing in the same manner as the party requesting the hearing.
22 The petition shall contain a short and plain statement
23 identifying the petitioner and stating facts demonstrating
24 that the petitioner is a person having an interest that is or
25 may be adversely affected. The petitioner shall serve the
26 petition upon the Department. Unless the Department determines

HB2615 29 LRB098 10864 MGM 41398 b
1 that the petition is frivolous, or that the petitioner has

2 failed to allege facts in support of an interest that is or may
3 be adversely affected, the petitioner shall be allowed to
4 participate in the hearing in the same manner as the party
5 requesting the hearing.
6 (c) The public hearing to be conducted under this Section
7 shall comply with the contested case requirements of the
8 Illinois Administrative Procedure Act. The Department shall
9 establish rules and procedures to determine whether any request
10 for a public hearing may be granted, and for the notice and
11 conduct of the public hearing. These procedural rules shall
12 include provisions for reasonable notice to (i) the public and
13 (ii) all parties to the proceeding, which include the applicant
14 and the persons requesting the hearing, for the qualifications,
15 powers, and obligations of the hearing officer, and for
16 reasonable opportunity for all the parties to provide evidence
17 and argument, to respond by oral or written testimony to
18 statements and objections made at the public hearing, and for
19 reasonable cross-examination of witnesses. County boards and
20 the public may present their written objections or
21 recommendations at the public hearing. A complete record of the
22 hearings and all testimony shall be made by the Department and
23 recorded stenographically or electronically. The complete
24 record shall be maintained and shall be accessible to the
25 public on the Department's website until final release of the
26 applicant's performance bond.

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1 (d) At least 10 calendar days before the date of the public

2 hearing, the Department shall publish notice of the public
3 hearing in a newspaper of general circulation published in the
4 county where the proposed well site will be located.

6 permit; determination; judicial review.
7 (a) The Department shall issue a high volume horizontal
8 hydraulic fracturing permit, with any conditions the
9 Department may find necessary, only if the record of decision
10 demonstrates that:
11 (1) the well location restrictions of Section 25 of
12 this Act have been satisfied;
13 (2) the application meets the requirements of Section
14 35 of this Act;
15 (3) the plans required to be submitted with the
16 application under Section 35 of this Act are adequate and
17 effective;
18 (4) the proposed hydraulic fracturing operations will
19 be conducted in a manner that will protect the public
20 health and safety and prevent pollution or diminution of
21 any water source;
22 (5) the work plan required under Section 80 of this Act
23 has been submitted to the Department;
24 (6) the applicant or any parent, subsidiary, or
25 affiliate thereof has not failed to abate a violation of

HB2615 31 LRB098 10864 MGM 41398 b
1 this Act or the Illinois Oil and Gas Act;

2 (7) the Class II injection wells to be used for
3 disposal of hydraulic fracturing flowback comply with all
4 applicable requirements for mechanical integrity testing,
5 including that the well has been tested within the previous
6 5 years; and
7 (8) there is no good cause to deny the permit under
8 subsection (a) of Section 60 of this Act.
9 (b) For the purpose of determining whether to issue a
10 permit, the Department shall consider and the Department's
11 record of decision shall include:
12 (1) the application for the high volume horizontal
13 hydraulic fracturing permit, including all documentation
14 required by Section 35 of this Act;
15 (2) all written comments received during the public
16 comment periods and, if applicable, the complete record
17 from the public hearing held under Section 50 of this Act;
18 (3) all information provided by the applicant in
19 response to any public comments; and
20 (4) any information known to the Department as the
21 public entity responsible for regulating high volume
22 horizontal hydraulic fracturing operations, including, but
23 not limited to, inspections of the proposed well site as
24 necessary to ensure adequate review of the application.
25 (c) The Department shall, by U.S. Mail and electronic
26 transmission, provide the applicant with a copy of the high

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1 volume horizontal hydraulic fracturing permit as issued or its

2 final administrative decision denying the permit to the
3 applicant and shall, by U.S. Mail or electronic transmission,
4 provide a copy of the permit as issued or the final
5 administrative decision to any person or unit of local
6 government who received specific public notice under Section 40
7 of this Act or submitted comments or participated in any public
8 hearing under Section 50 of this Act.
9 (d) The Department's decision to approve or deny a high
10 volume horizontal hydraulic fracturing permit shall be
11 considered a final administrative decision subject to judicial
12 review under the Administrative Review Law and the rules
13 adopted under that Law.
14 (e) Following completion of the Department's review and
15 approval process, the Department's website shall indicate
16 whether an individual high volume horizontal hydraulic
17 fracturing permit was approved or denied and provide a copy of
18 the approval or denial.

20 permit; conditions; restriction; modifications.
21 (a) Each permit issued by the Department under this Act
22 shall require the permittee to comply with all provisions of
23 this Act and all other applicable local, State, and federal
24 laws, rules, and regulations in effect at the time the permit
25 is issued. All plans submitted with the application under

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1 Section 35 shall be conditions of the permit.

2 (b) A permit issued under this Act shall continue in effect
3 until plugging and restoration in compliance with this Act and
4 the Illinois Oil and Gas Act are completed to the Department's
5 satisfaction. No permit may be transferred to another person
6 without approval of the Department.
7 (c) No permit issued under this Act may be modified without
8 approval of the Department. If the Department determines that
9 the proposed modifications constitute a significant deviation
10 from the terms of the original application and permit approval,
11 or presents a serious risk to public health, life, property,
12 aquatic life, or wildlife, the Department shall provide the
13 opportunities for comment and hearing required under Sections
14 45 and 50 of this Act. The Department shall provide notice of
15 the proposed modification and opportunity for comment and
16 hearing to the persons who received specific public notice
17 under Section 40 of this Act and shall publish the notice and
18 the proposed modification on its website. When applying for a
19 modified permit, the permittee shall submit a modification fee
20 to the Department. The fee shall be deposited into the Mines
21 and Minerals Regulatory Fund. The Department shall adopt rules
22 regarding procedures for a permit modification.

24 permit; denial, suspension, or revocation.
25 (a) The Department may suspend, revoke, or refuse to issue

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1 a high volume horizontal hydraulic fracturing permit under this

2 Act for one or more of the following causes:
3 (1) providing incorrect, misleading, incomplete, or
4 materially untrue information in a permit application or
5 any document required to be filed with the Department;
6 (2) violating any condition of the permit;
7 (3) violating any provision of or any regulation
8 adopted under this Act or the Illinois Oil and Gas Act;
9 (4) using fraudulent, coercive, or dishonest
10 practices, or demonstrating incompetence,
11 untrustworthiness, or financial irresponsibility in the
12 conduct of business in this State or elsewhere;
13 (5) having a high volume horizontal hydraulic
14 fracturing permit, or its equivalent, revoked in any other
15 state, province, district, or territory for incurring a
16 material or major violation or using fraudulent or
17 dishonest practices; or
18 (6) an emergency condition exists under which conduct
19 of the high volume horizontal hydraulic fracturing
20 operations would pose a significant hazard to public
21 health, aquatic life, wildlife, or the environment.
22 (b) In every case in which a permit is suspended or
23 revoked, the Department shall serve notice of its action,
24 including a statement of the reasons for the action, either
25 personally or by certified mail, receipt return requested, to
26 the permittee.


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1 (c) The order of suspension or revocation of a permit shall

2 take effect upon issuance of the order. The permittee may
3 request, in writing, within 30 days after the date of receiving
4 the notice, a hearing. Except as provided under subsection (d)
5 of this Section, in the event a hearing is requested, the order
6 shall remain in effect until a final order is entered pursuant
7 to the hearing.
8 (d) The order of suspension or revocation of a permit may
9 be stayed if requested by the permittee and evidence is
10 submitted demonstrating that there is no significant threat to
11 the public health, aquatic life, wildlife, or the environment
12 if the operation is allowed to continue.
13 (e) The hearing shall be held at a time and place
14 designated by the Department. The Director of the Department or
15 any administrative law judge designated by him or her have the
16 power to administer oaths and affirmations, subpoena witnesses
17 and compel their attendance, take evidence, and require the
18 production of books, papers, correspondence, and other records
19 or information that he or she considers relevant or material.
20 (f) The costs of the administrative hearing shall be set by
21 rule and shall be borne by the respondent.
22 (g) The Department's decision to suspend or revoke a high
23 volume horizontal hydraulic fracturing permit is subject to
24 judicial review under the Administrative Review Law.

25 Section 65. Hydraulic fracturing permit; bonds.

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1 (a) An applicant for a high volume horizontal hydraulic

2 fracturing permit under this Act shall provide a bond, executed
3 by a surety authorized to transact business in this State. The
4 bond shall be in the amount of $50,000 per permit or a blanket
5 bond of $500,000 for all permits. If the applicant is required
6 to submit a bond to the Department under the Illinois Oil and
7 Gas Act, the applicant's submission of a bond under this
8 Section shall satisfy the bonding requirements provided for in
9 the Illinois Oil and Gas Act. In lieu of a bond, the applicant
10 may provide other collateral securities such as cash,
11 certificates of deposit, or irrevocable letters of credit under
12 the terms and conditions as the Department may provide by rule.
13 (b) The bond or other collateral securities shall remain in
14 force until the well is plugged and abandoned. Upon abandoning
15 a well to the satisfaction of the Department and in accordance
16 with the Illinois Oil and Gas Act, the bond or other collateral
17 securities shall be promptly released by the Department. Upon
18 the release by the Department of the bond or other collateral
19 securities, any cash or collateral securities deposited shall
20 be returned by the Department to the applicant who deposited
21 it.
22 (c) If, after notice and hearing, the Department determines
23 that any of the requirements of this Act or rules adopted under
24 this Act or the orders of the Department have not been complied
25 with within the time limit set by any notice of violation
26 issued under this Act, the permittee's bond or other collateral

HB2615 37 LRB098 10864 MGM 41398 b
1 securities shall be forfeited. Forfeiture under this

2 subsection shall not limit any duty of the permittee to
3 mitigate or remediate harms or foreclose enforcement by the
4 Department or the Agency. In no way will payment under this
5 bond exceed the aggregate penalty as specified.
6 (d) When any bond or other collateral security is forfeited
7 under the provisions of this Act or rules adopted under this
8 Act, the Department shall collect the forfeiture without delay.
9 The surety shall have 30 days to submit payment for the bond
10 after receipt of notice by the permittee of the forfeiture.
11 (e) All forfeitures shall be deposited in the Mines and
12 Minerals Regulatory Fund to be used, as necessary, to mitigate
13 or remediate violations of this Act or rules adopted under this
14 Act.

15 Section 70. Well preparation, construction, and drilling.
16 (a) This Section shall apply to all horizontal wells that
17 are to be completed using high volume horizontal hydraulic
18 fracturing operations under a high volume horizontal hydraulic
19 fracturing permit. The requirements of this Section shall be in
20 addition to any other laws or rules regarding wells and well

21 sites.
22 (b) Site preparation standards shall be as follows:
23 (1) The access road to the well site must be located in
24 accordance with access rights identified in the Illinois
25 Oil and Gas Act and located as far as practical from

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1 occupied structures, places of assembly, and property

2 lines of unleased property.
3 (2) Unless otherwise approved or directed by the
4 Department, all topsoil stripped to facilitate the
5 construction of the well pad and access roads must be
6 stockpiled, stabilized, and remain on site for use in
7 either partial or final reclamation. In the event it is
8 anticipated that the final reclamation shall take place in
9 excess of one year from drilling the well the topsoil may
10 be disposed of in any lawful manner provided the operator
11 reclaims the site with topsoil of similar characteristics
12 of the topsoil removed.
13 (3) Piping, conveyances, valves, and tanks in contact
14 with hydraulic fracturing fluid, hydraulic fracturing
15 flowback, or produced water must be constructed of
16 materials compatible with the composition of the hydraulic
17 fracturing fluid, hydraulic fracturing flowback, and
18 produced water.
19 (c) Site maintenance standards shall be as follows:
20 (1) Secondary containment is required for all fueling
21 tanks.
22 (2) Fueling tanks shall be subject to Section 25 of
23 this Act.
24 (3) Fueling tank filling operations shall be
25 supervised at the fueling truck and at the tank if the tank
26 is not visible to the fueling operator from the truck.

HB2615 39 LRB098 10864 MGM 41398 b
1 (4) Troughs, drip pads, or drip pans are required
2 beneath the fill port of a fueling tank during filling
3 operations if the fill port is not within the secondary
4 containment required by paragraph (1) of this subsection.
5 (d) All wells shall be constructed, and casing and
6 cementing activities shall be conducted, in a manner that shall
7 provide for control of the well at all times, prevent the
8 migration of oil, gas, and other fluids into the fresh
9 groundwater and coal seams, and prevent pollution or diminution
10 of fresh groundwater. In addition to any of the Department's
11 casing and cementing requirements, the following shall apply:
12 (1) All casings must conform to the current industry
13 standards published by the American Petroleum Institute.
14 (2) Casing thread compound and its use must conform to
15 the current industry standards published by the American
16 Petroleum Institute.
17 (3) Surface casing shall be centralized at the shoe,
18 above and below a stage collar or diverting tool, if run,
19 and through usable-quality water zones. In non-deviated
20 holes, pipe centralization as follows is required: a
21 centralizer shall be placed every fourth joint from the
22 cement shoe to the ground surface or to the bottom of the
23 cellar. All centralizers shall meet specifications in, or
24 equivalent to, API spec 10D, Specification for Bow-Spring
25 Casing Centralizers; API Spec 10 TR4, Technical Report on
26 Considerations Regarding Selection of Centralizers for

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1 Primary Cementing Operations; and API RP 10D-2,

2 Recommended Practice for Centralizer Placement and Stop
3 Collar Testing; The Department may require additional
4 centralization as necessary to ensure the integrity of the
5 well design is adequate. All centralizers must conform to
6 the current industry standards published by the American
7 Petroleum Institute.
8 (4) Cement must conform to current industry standards
9 published by the American Petroleum Institute and the
10 cement slurry must be prepared to minimize its free water
11 content in accordance with the current industry standards
12 published by the American Petroleum Institute; the cement
13 must also:
14 (A) secure the casing in the wellbore;
15 (B) isolate and protect fresh groundwater;
16 (C) isolate abnormally pressured zones, lost
17 circulation zones, and any potential flow zones
18 including hydrocarbon and fluid-bearing zones;
19 (D) properly control formation pressure and any
20 pressure from drilling, completion and production;
21 (E) protect the casing from corrosion and
22 degradation; and
23 (F) prevent gas flow in the annulus.
24 (5) Prior to cementing any casing string, the borehole
25 must be circulated and conditioned to ensure an adequate
26 cement bond.

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1 (6) A pre-flush or spacer must be pumped ahead of the

2 cement.
3 (7) The cement must be pumped at a rate and in a flow
4 regime that inhibits channeling of the cement in the
5 annulus.
6 (8) Cement compressive strength tests must be
7 performed on all surface, intermediate, and production
8 casing strings; after the cement is placed behind the
9 casing, the operator shall wait on cement to set until the
10 cement achieves a calculated compressive strength of at
11 least 500 pounds per square inch, and a minimum of 8 hours
12 before the casing is disturbed in any way, including
13 installation of a blowout preventer. The cement shall have
14 a 72-hour compressive strength of at least 1,200 psi, and
15 the free water separation shall be no more than 6
16 milliliters per 250 milliliters of cement, tested in
17 accordance with current American petroleum Institute
18 standards.
19 (9) A copy of the cement job log for any cemented
20 casing string in the well shall be maintained in the well
21 file and available to the Department upon request.
22 (10) Surface casing shall be used and set to a depth of
23 at least 200 feet, or 100 feet below the base of the
24 deepest fresh water, whichever is deeper, but no more than
25 200 feet below the base of the deepest fresh water and
26 prior to encountering any hydrocarbon-bearing zones. The

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1 surface casing must be run and cemented as soon as

2 practicable after the hole has been adequately circulated
3 and conditioned.
4 (11) The Department must be notified at least 24 hours
5 prior to surface casing cementing operations. Surface
6 casing must be fully cemented to the surface with excess
7 cements. Cementing must be by the pump and plug method with
8 a minimum of 25% excess cement with appropriate lost
9 circulation material, unless another amount of excess
10 cement is approved by the Department. If cement returns are
11 not observed at the surface, the operator must perform
12 remedial actions as appropriate.
13 (12) Intermediate casing must be installed when
14 necessary to isolate fresh water not isolated by surface
15 casing and to seal off potential flow zones, anomalous
16 pressure zones, lost circulation zones and other drilling
17 hazards.
18 Intermediate casing must be set to protect fresh water
19 if surface casing was set above the base of the deepest
20 fresh water, if additional fresh water was found below the
21 surface casing shoe, or both. Intermediate casing used to
22 isolate fresh water must not be used as the production
23 string in the well in which it is installed, and may not be
24 perforated for purposes of conducting a hydraulic fracture
25 treatment through it.
26 When intermediate casing is installed to protect fresh

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1 water, the operator shall set a full string of new
2 intermediate casing at least 100 feet below the base of the
3 deepest fresh water and bring cement to the surface. In
4 instances where intermediate casing was set solely to
5 protect fresh water encountered below the surface casing
6 shoe, and cementing to the surface is technically
7 infeasible, would result in lost circulation, or both,
8 cement must be brought to a minimum of 600 feet above the
9 shallowest fresh water zone encountered below the surface
10 casing shoe or to the surface if the fresh water zone is
11 less than 600 feet from the surface. The location and
12 depths of any hydrocarbon-bearing zones or fresh water
13 zones that are open to the wellbore above the casing shoe
14 must be confirmed by coring, electric logs, or testing and
15 must be reported to the Department.
16 In the case that intermediate casing was set for a
17 reason other than to protect strata that contains fresh
18 water, the intermediate casing string shall be cemented
19 from the shoe to a point at least 600 true vertical feet
20 above the shoe. If there is a hydrocarbon bearing zone
21 capable of producing exposed above the intermediate casing
22 shoe, the casing shall be cemented from the shoe to a point
23 at least 600 true vertical feet above the shallowest
24 hydrocarbon bearing zone or to a point at least 200 feet
25 above the shoe of the next shallower casing string that was
26 set and cemented in the well (or to the surface if less

HB2615 44 LRB098 10864 MGM 41398 b
1 than 200 feet).

2 (13) The Department must be notified prior to
3 intermediate casing cementing operations. Cementing must
4 be by the pump and plug method with a minimum of 25% excess
5 cement. A radial cement bond evaluation log, or other
6 evaluation approved by the Department, must be run to
7 verify the cement bond on the intermediate casing. Remedial
8 cementing is required if the cement bond is not adequate
9 for drilling ahead.
10 (14) Production casing must be run and fully cemented
11 to 500 feet above the top perforated zone, if possible. The
12 Department must be notified at least 24 hours prior to
13 production casing cementing operations. Cementing must be
14 by the pump and plug method with a minimum of 25% excess
15 cement.
16 (15) At any time, the Department, as it deems
17 necessary, may require installation of an additional
18 cemented casing string or strings in the well.
19 (16) After the setting and cementing of a casing
20 string, except the conductor casing, and prior to further
21 drilling, the casing string shall be tested with fresh
22 water, mud, or brine to at least the maximum anticipated
23 treatment pressure but no less than 0.22 psi per foot of
24 casing string length or 1,500 psi, whichever is greater,
25 for at least 30 minutes with less than a 5% pressure loss.
26 The pressure test shall not exceed 70% of the minimum

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1 internal yield. If the pressure declines more than 5% or if

2 there are other indications of a leak, corrective action
3 shall be taken before conducting further drilling and high
4 volume horizontal hydraulic fracturing operations. The
5 operator shall contact the Department's District Office
6 for any county in which the well is located at least 24
7 hours prior to conducting a pressure test to enable an
8 inspector to be present when the test is done. A record of
9 the pressure test must be maintained by the operator and
10 must be submitted to the Department on a form prescribed by
11 the Department prior to conducting high volume horizontal
12 hydraulic fracturing operations. The actual pressure must
13 not exceed the test pressure at any time during high volume
14 horizontal hydraulic fracturing operations.
15 (17) Any hydraulic fracturing string used in the high
16 volume horizontal hydraulic fracturing operations must be
17 either strung into a production liner or run with a packer
18 set at least 100 feet below the deepest cement top and must
19 be tested to not less than the maximum anticipated treating
20 pressure minus the annulus pressure applied between the
21 fracturing string and the production or immediate casing.
22 The pressure test shall be considered successful if the
23 pressure applied has been held for 30 minutes with no more
24 than 5% pressure loss. A function-tested relief valve and
25 diversion line must be installed and used to divert flow
26 from the hydraulic fracturing string-casing annulus to a

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1 covered watertight steel tank in case of hydraulic

2 fracturing string failure. The relief valve must be set to
3 limit the annular pressure to no more than 95% of the
4 working pressure rating of the casings forming the annulus.
5 The annulus between the hydraulic fracturing string and
6 casing must be pressurized to at least 250 psi and
7 monitored.
8 (18) After a successful pressure test under paragraph
9 (16) of this subsection, a formation pressure integrity
10 test must be conducted below the surface casing and below
11 all intermediate casing. The operator shall notify the
12 Department's District Office for any county in which the
13 well is located at least 24 hours prior to conducting a
14 formation pressure integrity test to enable an inspector to
15 be present when the test is done. A record of the pressure
16 test must be maintained by the operator and must be
17 submitted to the Department on a form prescribed by the
18 Department prior to conducting high volume horizontal
19 hydraulic fracturing operations. The actual hydraulic
20 fracturing treatment pressure must not exceed the test
21 pressure at any time during high volume horizontal
22 hydraulic fracturing operations.
23 (e) Blowout prevention standards shall be set as follows:
24 (1) The operator shall use blowout prevention
25 equipment after setting casing with a competent casing
26 seat. Blowout prevention equipment shall be in good

HB2615 47 LRB098 10864 MGM 41398 b
1 working condition at all times.

2 (2) The operator shall use pipe fittings, valves,
3 and unions placed on or connected to the blow-out
4 prevention systems that have a working pressure
5 capability that exceeds the anticipated pressures.
6 (3) During all drilling and completion operations
7 when a blowout preventer is installed, tested, or in
8 use, the operator or operator's designated
9 representative shall be present at the well site and
10 that person or personnel shall have a current well
11 control certification from an accredited training
12 program that is acceptable to the Department. The
13 certification shall be available at the well site and
14 provided to the Department upon request.
15 (4) Appropriate pressure control procedures and
16 equipment in proper working order must be properly
17 installed and employed while conducting drilling and
18 completion operations including tripping, logging,
19 running casing into the well, and drilling out
20 solid-core stage plugs.
21 (5) Pressure testing of the blowout preventer and
22 related equipment for any drilling or completion
23 operation must be performed. Testing must be conducted
24 in accordance with industry standards. Testing of the
25 blowout preventer shall include testing after the
26 blowout preventer is installed on the well but prior to

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1 drilling below the last cemented casing seat. Pressure

2 control equipment, including the blowout preventer,
3 that fails any pressure test shall not be used until it
4 is repaired and passes the pressure test.
5 (6) A remote blowout preventer actuator, that is
6 powered by a source other than rig hydraulics, shall be
7 located at least 50 feet from the wellhead and have an
8 appropriate rated working pressure.

10 operations.
11 (a) General.
12 (1) During all phases of high volume horizontal
13 hydraulic fracturing operations, the permittee shall
14 comply with all terms of the permit.
15 (2) All phases of high volume horizontal hydraulic
16 fracturing operations shall be conducted in a manner that
17 shall not pose a significant risk to public health, life,
18 property, aquatic life, or wildlife.
19 (3) The permittee shall notify the Department by phone,
20 electronic communication, or letter, at least 48 hours
21 prior to the commencement of high volume horizontal
22 hydraulic fracturing operations.
23 (b) Integrity tests and monitoring.
24 (1) Before the commencement of high volume horizontal
25 hydraulic fracturing operations, all mechanical integrity

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1 tests required under subsection (d) of Section 70 and this

2 subsection must be successfully completed.
3 (2) Prior to commencing high volume horizontal
4 hydraulic fracturing operations and pumping of hydraulic
5 fracturing fluid, the injection lines and manifold,
6 associated valves, fracture head or tree and any other
7 wellhead component or connection not previously tested
8 must be tested with fresh water, mud, or brine to at least
9 the maximum anticipated treatment pressure for at least 30
10 minutes with less than a 5% pressure loss. A record of the
11 pressure test must be maintained by the operator and made
12 available to the Department upon request. The actual high
13 volume horizontal hydraulic fracturing treatment pressure
14 must not exceed the test pressure at any time during high
15 volume horizontal hydraulic fracturing operations.
16 (3) The pressure exerted on treating equipment
17 including valves, lines, manifolds, hydraulic fracturing
18 head or tree, casing and hydraulic fracturing string, if
19 used, must not exceed 95% of the working pressure rating of
20 the weakest component. The high volume horizontal
21 hydraulic fracturing treatment pressure must not exceed
22 the test pressure of any given component at any time during
23 high volume horizontal hydraulic fracturing operations.
24 (4) During high volume horizontal hydraulic fracturing
25 operations, all annulus pressures, the injection pressure,
26 and the rate of injection shall be continuously monitored

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1 and recorded. The records of the monitoring shall be

2 maintained by the operator and shall be provided to the
3 Department upon request at any time during the period up to
4 and including 5 years after the well is permanently plugged
5 or abandoned.
6 (5) High volume horizontal hydraulic fracturing
7 operations must be immediately suspended if any anomalous
8 pressure or flow condition or any other anticipated
9 pressure or flow condition is occurring in a way that
10 indicates the mechanical integrity of the well has been
11 compromised and continued operations pose a risk to the
12 environment. Remedial action shall be undertaken
13 immediately prior to recommencing high volume horizontal
14 hydraulic fracturing operations. The permittee shall
15 notify the Department within 1 hour of suspending
16 operations for any matters relating to the mechanical
17 integrity of the well or risk to the environment.
18 (c) Fluid and waste management.
19 (1) For the purposes of storage at the well site and
20 except as provided in paragraph (2) of this subsection,
21 hydraulic fracturing additives, hydraulic fracturing
22 fluid, hydraulic fracturing flowback, and produced water
23 shall be stored in above-ground tanks during all phases of
24 drilling, high volume horizontal hydraulic fracturing, and
25 production operations until removed for proper disposal.
26 For the purposes of centralized storage off site for

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1 potential reuse prior to disposal, hydraulic fracturing

2 additives, hydraulic fracturing fluid, hydraulic
3 fracturing flowback, and produced water shall be stored in
4 above-ground tanks.
5 (2) In accordance with the plan required by paragraph
6 (11) of subsection (b) of Section 35 of this Act and as
7 approved by the Department, the use of a reserve pit is
8 allowed for the temporary storage of hydraulic fracturing
9 flowback. The reserve pit shall be used only in the event
10 of a lack of capacity for tank storage due to higher than
11 expected volume or rate of hydraulic fracturing flowback,
12 or other unanticipated flowback occurrence. Any reserve
13 pit must comply with the following construction standards
14 and liner specifications:
15 (A) the synthetic liner material shall have a
16 minimum thickness of 24 mils with high puncture and
17 tear strength and be impervious and resistant to
18 deterioration;
19 (B) the pit lining system shall be designed to have
20 a capacity at least equivalent to 110% of the maximum
21 volume of hydraulic fracturing flowback anticipated to
22 be recovered;
23 (C) the lined pit shall be constructed, installed,
24 and maintained in accordance with the manufacturers'
25 specifications and good engineering practices to
26 prevent overflow during any use;

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1 (D) the liner shall have sufficient elongation to

2 cover the bottom and interior sides of the pit with the
3 edges secured with at least a 12 inch deep anchor
4 trench around the pit perimeter to prevent any slippage
5 or destruction of the liner materials; and
6 (E) the foundation for the liner shall be free of
7 rock and constructed with soil having a minimum
8 thickness of 12 inches after compaction covering the
9 entire bottom and interior sides of the pit.
10 (3) Fresh water may be stored in tanks or pits at the
11 election of the operator.
12 (4) Tanks required under this subsection must be
13 above-ground tanks that are closed, watertight, and will
14 resist corrosion. The permittee shall routinely inspect
15 the tanks for corrosion.
16 (5) Hydraulic fracturing fluids and hydraulic
17 fracturing flowback must be removed from the well site
18 within 60 days after completion of high volume horizontal
19 fracturing operations, except that any excess hydraulic
20 fracturing flowback captured for temporary storage in a
21 reserve pit as provided in paragraph (2) of this subsection
22 must be removed from the well site within 7 days.
23 (6) Tanks, piping, and conveyances, including valves,
24 must be constructed of suitable materials, be of sufficient
25 pressure rating, be able to resist corrosion, and be
26 maintained in a leak-free condition. Fluid transfer

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1 operations from tanks to tanker trucks must be supervised

2 at the truck and at the tank if the tank is not visible to
3 the truck operator from the truck. During transfer
4 operations, all interconnecting piping must be supervised
5 if not visible to transfer personnel at the truck and tank.
6 (7) Hydraulic fracturing flowback must be tested for
7 volatile organic chemicals, semi-volatile organic
8 chemicals, inorganic chemicals, heavy metals, and
9 naturally occurring radioactive material prior to removal
10 from the site. Testing shall occur once per well site and
11 the analytical results shall be filed with the Department
12 and the Agency, and provided to the liquid oilfield waste
13 transportation and disposal operators. Prior to plugging
14 and site restoration, the ground adjacent to the storage
15 tanks and any hydraulic fracturing flowback reserve pit
16 must be measured for radioactivity.
17 (8) Hydraulic fracturing flowback may only be disposed
18 of by injection into a Class II injection well that is
19 below interface between fresh water and naturally
20 occurring Class IV groundwater. Produced water may be
21 disposed of by injection in a permitted water flood
22 operation. Hydraulic fracturing flowback and produced
23 water may be treated and recycled for use in hydraulic
24 fracturing fluid for high volume horizontal hydraulic
26 (9) Discharge of hydraulic fracturing fluids,

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1 hydraulic fracturing flowback, and produced water into any

2 surface water or water drainage way is prohibited.
3 (10) Transport of all hydraulic fracturing fluids,
4 hydraulic fracturing flowback, and produced water by
5 vehicle for disposal must be undertaken by a liquid
6 oilfield waste hauler permitted by the Department under
7 Section 8c of the Illinois Oil and Gas Act. The liquid
8 oilfield waste hauler transporting hydraulic fracturing
9 fluids, hydraulic fracturing flowback, or produced water
10 under this Act shall comply with all laws, rules, and
11 regulations concerning liquid oilfield waste.
12 (11) Drill cuttings, drilling fluids, and drilling
13 wastes not containing oil-based mud or polymer-based mud
14 may be stored in tanks or pits. Pits used to store
15 cuttings, fluids, and drilling wastes from wells not using
16 fresh water mud shall be subject to the construction
17 standards identified in (2) of this Section. Drill cuttings
18 not contaminated with oil-based mud or polymer-based mud
19 may be disposed of onsite subject to the approval of the
20 Department. Drill cuttings contaminated with oil-based mud
21 or polymer-based mud shall not be disposed of on site.
22 Annular disposal of drill cuttings or fluid is prohibited.
23 (12) Any release of hydraulic fracturing fluid,
24 hydraulic fracturing additive, or hydraulic fracturing
25 flowback, used or generated during or after high volume
26 horizontal hydraulic fracturing operations shall be

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1 immediately cleaned up and remediated pursuant to

2 Department requirements. Any release of hydraulic
3 fracturing fluid or hydraulic fracturing flowback in
4 excess of 1 barrel, shall be reported to the Department.
5 Any release of a hydraulic fracturing additive shall be
6 reported to the Department in accordance with the
7 appropriate reportable quantity thresholds established
8 under the federal Emergency Planning and Community
9 Right-to-Know Act as published in the Code of Federal
10 Regulations (CFR), 40 CFR Parts 355, 370, and 372, the
11 federal Comprehensive Environmental Response,
12 Compensation, and Liability Act as published in 40 CFR Part
13 302, and subsection (r) of Section 112 of the Federal Clean
14 Air Act as published in 40 CFR Part 68. Any release of
15 produced water in excess of 5 barrels shall be cleaned up,
16 remediated, and reported pursuant to Department
17 requirements.
18 (13) Secondary containment for tanks required under
19 this subsection and additive staging areas is required.
20 Secondary containment measures may include, as deemed
21 appropriate by the Department, one or a combination of the
22 following: dikes, liners, pads, impoundments, curbs,
23 sumps, or other structures or equipment capable of
24 containing the substance. Any secondary containment must
25 be sufficient to contain 110% of the total capacity of the
26 single largest container or tank within a common

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1 containment area. No more than one hour before initiating

2 any stage of the high volume horizontal hydraulic
3 fracturing operations, all secondary containment must be
4 visually inspected to ensure all structures and equipment
5 are in place and in proper working order. The results of
6 this inspection must be recorded and documented by the
7 operator, and available to the Department upon request.
8 (14) A report on the transportation and disposal of the
9 hydraulic fracturing fluids and hydraulic fracturing
10 flowback shall be prepared and included in the well file.
11 The report must include the amount of fluids transported,
12 identification of the company that transported the fluids,
13 the destination of the fluids, and the method of disposal.
14 (15) Operators operating wells permitted under this
15 Act must submit an annual report to the Department
16 detailing the management of any produced water associated
17 with the permitted well. The report shall be due to the
18 Department no later than April 30th of each year and shall
19 provide information on the operator's management of any
20 produced water for the prior calendar year. The report
21 shall contain information relative to the amount of
22 produced water the well permitted under this Act produced,
23 the method witch which the produced water was disposed, and
24 the destination where the produced water was disposed in
25 addition to any other information the Department
26 determines is necessary by rule.

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1 (d) Hydraulic fracturing fluid shall be confined to the

2 targeted formation designated in the permit. If the hydraulic
3 fracturing fluid or hydraulic fracturing flowback are
4 migrating into the freshwater zone or to the surface from the
5 well in question or from other wells, the permittee shall
6 immediately notify the Department and shut in the well until
7 remedial action that prevents the fluid migration is completed.
8 The permittee shall obtain the approval of the Department prior
9 to resuming operations.
10 (e) Emissions controls.
11 (1) This subsection applies to all horizontal wells
12 that are completed with high volume horizontal hydraulic
13 fracturing.
14 (2) Except as otherwise provided in paragraph (8) of
15 this subsection (e), permittees shall be responsible for
16 managing gas and hydrocarbon fluids produced during the
17 flowback period by routing recovered hydrocarbon fluids to
18 one or more storage vessels or re-injected into the well or
19 another well, and routing recovered natural gas into a flow
20 line or collection system, re-injecting the gas into the
21 well or another well, using the gas as an on-site fuel
22 source, or using the gas for another useful purpose that a
23 purchased fuel or raw material would serve, with no direct
24 release to the atmosphere.
25 (3) If it is technically infeasible or economically
26 unreasonable to minimize emissions associated with the

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1 venting of hydrocarbon fluids and natural gas during the

2 flowback period using the methods specified in paragraph
3 (2) of this subsection (e), the permittee shall capture and
4 direct the emissions to a completion combustion device,
5 except in conditions that may result in a fire hazard or
6 explosion, or where high heat emissions from a completion
7 combustion device may negatively impact waterways.
8 Completion combustion devices must be equipped with a
9 reliable continuous ignition source over the duration of
10 the flowback period.
11 (4) Except as otherwise provided in paragraph (8) of
12 this subsection (e), permittees shall be responsible for
13 minimizing the emissions associated with venting of
14 hydrocarbon fluids and natural gas during the production
15 phase by:
16 (A) routing the recovered fluids into storage
17 vessels and (i) routing the recovered gas into a gas
18 gathering line, collection system, or to a generator
19 for onsite energy generation, providing that gas to the
20 surface owner of the well site for use for heat or
21 energy generation, or (ii) using another method other
22 than venting; and
23 (B) employing sand traps, surge vessels,
24 separators, and tanks as soon as practicable during
25 cleanout operations to safely maximize resource
26 recovery and minimize releases to the environment.

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1 (5) If the permittee establishes that it is technically

2 infeasible or economically unreasonable to minimize
3 emissions associated with the venting of hydrocarbon
4 fluids and natural gas during production using the methods
5 specified in paragraph (4) of this subsection (e), the
6 Department shall require the permittee to capture and
7 direct any natural gas produced during the production phase
8 to a flare. Any flare used pursuant to this paragraph shall
9 be equipped with a reliable continuous ignition source over
10 the duration of production. In order to establish technical
11 infeasibility or economic unreasonableness under this
12 paragraph (5), the permittee must demonstrate, for each
13 well site on an annual basis, that taking the actions
14 listed in paragraph (4) of this subsection (e) are not cost
15 effective based on a site-specific analysis. Permittees
16 that use a flare during the production phase for operations
17 other than emergency conditions shall file an updated
18 site-specific analysis annually with the Department. The
19 analysis shall be due one year from the date of the
20 previous submission and shall detail whether any changes
21 have occurred that alter the technical infeasibility or
22 economic unreasonableness of the permittee to reduce their
23 emissions in accordance with paragraph (4) of this
24 subsection (e).
25 (6) Uncontrolled emissions exceeding 6 tons per year
26 from storage tanks shall be recovered and routed to a flare

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1 that is designed in accordance with 40 CFR 60.18 and is

2 certified by the manufacturer of the device. The permittee
3 shall maintain and operate the flare in accordance with
4 manufacturer specifications. Any flare used under this
5 paragraph must be equipped with a reliable continuous
6 ignition source over the duration of production.
7 (7) The Department may approve an exemption that waives
8 the requirements of paragraphs (5) and (6) of this
9 subsection (e) only if the permittee demonstrates that the
10 use of the flare will pose a significant risk of injury or
11 property damage and that alternative methods of collection
12 will not threaten harm to the environment. In determining
13 whether to approve a waiver, the Department shall consider
14 the quantity of casinghead gas produced, the topographical
15 and climatological features at the well site, and the
16 proximity of agricultural structures, crops, inhabited
17 structures, public buildings, and public roads and
18 railways.
19 (8) For each wildcat well, delineation well, or low
20 pressure well, permittees shall be responsible for
21 minimizing the emissions associated with venting of
22 hydrocarbon fluids and natural gas during the flowback
23 period and production phase by capturing and directing the
24 emissions to a completion combustion device during the
25 flowback period and to a flare during the production phase,
26 except in conditions that may result in a fire hazard or

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1 explosion, or where high heat emissions from a completion

2 combustion device or flare may negatively impact
3 waterways. Completion combustion devices and flares shall
4 be equipped with a reliable continuous ignition source over
5 the duration of the flowback period and the production
6 phase, as applicable.
7 (9) On or after July 1, 2015, all flares used under
8 paragraphs (5) and (8) of this subsection (e) shall (i)
9 operate with a combustion efficiency of at least 98%, in
10 accordance with 40 CFR 60.18; and (ii) be certified by the
11 manufacturer of the device. The permittee shall maintain
12 and operate the flare in accordance with manufacturer
13 specifications.
14 (10) Permittees shall employ practices for control of
15 fugitive dust related to their operations. These practices
16 shall include, but are not limited to, the use of speed
17 restrictions, regular road maintenance, and restriction of
18 construction activity during high-wind days. Additional
19 management practices such as road surfacing, wind breaks
20 and barriers, or automation of wells to reduce truck
21 traffic may also be required by the Department if
22 technologically feasible and economically reasonable to
23 minimize fugitive dust emissions.
24 (11) Permittees shall record and report to the
25 Department on an annual basis the amount of gas flared or
26 vented from each high volume horizontal hydraulic

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1 fracturing well. Three years after the effective date of

2 the first high-volume horizontal hydraulic fracturing well
3 permit issued by the Department, and every 3 years
4 thereafter, the Department shall prepare a report that
5 analyzes the amount of gas that has been flared or vented
6 and make recommendations to the General Assembly on whether
7 steps should be taken to reduce the amount of gas that is
8 being flared or vented in this State.
9 (f) High volume horizontal hydraulic fracturing operations
10 completion report. Within 60 calendar days after the conclusion
11 of high volume horizontal hydraulic fracturing operations, the
12 operator shall file a high volume horizontal hydraulic
13 fracturing operations completion report with the Department. A
14 copy of each completion report submitted to the Department
15 shall be provided by the Department to the Illinois State
16 Geological Survey. The completion reports required by this
17 Section shall be considered public information and shall be
18 made available on the Department's website. The high volume
19 horizontal hydraulic fracturing operations completion report
20 shall contain the following information:
21 (1) the permittee name as listed in the permit
22 application;
23 (2) the dates of the high volume horizontal hydraulic
24 fracturing operations;
25 (3) the county where the well is located;
26 (4) the well name and Department reference number;

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1 (5) the total water volume used in the high volume

2 horizontal hydraulic fracturing operations of the well,
3 and the type and total volume of the base fluid used if
4 something other than water;
5 (6) each source from which the water used in the high
6 volume horizontal hydraulic fracturing operations was
7 drawn, and the specific location of each source, including,
8 but not limited to, the name of the county and latitude and
9 longitude coordinates;
10 (7) the quantity of hydraulic fracturing flowback
11 recovered from the well;
12 (8) a description of how hydraulic fracturing flowback
13 recovered from the well was disposed and, if applicable,
14 reused;
15 (9) a chemical disclosure report identifying each
16 chemical and proppant used in hydraulic fracturing fluid
17 for each stage of the hydraulic fracturing operations
18 including the following:
19 (A) the total volume of water used in the hydraulic
20 fracturing treatment of the well or the type and total
21 volume of the base fluid used in the hydraulic
22 fracturing treatment, if something other than water;
23 (B) each hydraulic fracturing additive used in the
24 hydraulic fracturing fluid, including the trade name,
25 vendor, a brief descriptor of the intended use or
26 function of each hydraulic fracturing additive, and

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1 the Material Safety Data Sheet (MSDS), if applicable;

2 (C) each chemical intentionally added to the base
3 fluid, including for each chemical, the Chemical
4 Abstracts Service number, if applicable; and
5 (D) the actual concentration, in percent by mass,
6 of each chemical intentionally added to the base fluid;
7 (10) all pressures recorded during the high volume
8 horizontal hydraulic fracturing operations; and
9 (11) any other reasonable or pertinent information
10 related to the conduct of the high volume horizontal
11 hydraulic fracturing operations the Department may request
12 or require by administrative rule.

13 Section 77. Chemical disclosure; trade secret protection.
14 (a) If the chemical disclosure information required by
15 paragraph (8) of subsection (b) of Section 35 of this Act is
16 not submitted at the time of permit application, then the
17 permittee, applicant, or person who will perform high volume
18 horizontal hydraulic fracturing operations at the well shall
19 submit this information to the Department in electronic format
20 no less than 21 calendar days prior to performing the high
21 volume horizontal hydraulic fracturing operations. The
22 permittee shall not cause or allow any stimulation of the well
23 if it is not in compliance with this Section. Nothing in this
24 Section shall prohibit the person performing high volume
25 horizontal hydraulic fracturing operations from adjusting or

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1 altering the contents of the fluid during the treatment process

2 to respond to unexpected conditions, as long as the permittee
3 or the person performing the high volume horizontal hydraulic
4 fracturing operations notifies the Department by electronic
5 mail within 24 hours of the departure from the initial
6 treatment design and includes a brief explanation of the reason
7 for the departure.
8 (b) No permittee shall use the services of another person
9 to perform high volume horizontal hydraulic fracturing
10 operations unless the person is in compliance with this
11 Section.
12 (c) Any person performing high volume horizontal hydraulic
13 fracturing operations within this State shall:
14 (1) be authorized to do business in this State; and
15 (2) maintain and disclose to the Department separate
16 and up-to-date master lists of:
17 (A) the base fluid to be used during any high
18 volume horizontal hydraulic fracturing operations
19 within this State;
20 (B) all hydraulic fracturing additives to be used
21 during any high volume horizontal hydraulic fracturing
22 operations within this State; and
23 (C) all chemicals and associated Chemical Abstract
24 Service numbers to be used in any high volume
25 horizontal hydraulic fracturing operations within this
26 State.

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1 (d) Persons performing high volume horizontal hydraulic

2 fracturing operations are prohibited from using any base fluid,
3 hydraulic fracturing additive, or chemical not listed on their
4 master lists disclosed under paragraph (2) of subsection (c) of
5 this Section.
6 (e) The Department shall assemble and post up-to-date
7 copies of the master lists it receives under paragraph (2) of
8 subsection (c) of this Section on its website in accordance
9 with Section 110 of this Act.
10 (f) Where an applicant, permittee, or the person performing
11 high volume horizontal hydraulic fracturing operations
12 furnishes chemical disclosure information to the Department
13 under this Section, Section 35, or Section 75 of this Act under
14 a claim of trade secret, the applicant, permitee, or person
15 performing high volume horizontal hydraulic fracturing
16 operations shall submit redacted and un-redacted copies of the
17 documents containing the information to the Department and the
18 Department shall use the redacted copies when posting materials
19 on its website.
20 (g) Upon submission or within 5 calendar days of submission
21 of chemical disclosure information to the Department under this
22 Section, Section 35, or Section 75 of this Act under a claim of
23 trade secret, the person that claimed trade secret protection
24 shall provide a justification of the claim containing the
25 following: a detailed description of the procedures used by the
26 person to safeguard the information from becoming available to

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1 persons other than those selected by the person to have access

2 to the information for limited purposes; a detailed statement
3 identifying the persons or class of persons to whom the
4 information has been disclosed; a certification that the person
5 has no knowledge that the information has ever been published
6 or disseminated or has otherwise become a matter of general
7 public knowledge; a detailed discussion of why the person
8 believes the information to be of competitive value; and any
9 other information that shall support the claim.
10 (h) Chemical disclosure information furnished under this
11 Section, Section 35, or Section 75 of this Act under a claim of
12 trade secret shall be protected from disclosure as a trade
13 secret if the Department determines that the statement of
14 justification demonstrates that:
15 (1) the information has not been published,
16 disseminated, or otherwise become a matter of general
17 public knowledge; and
18 (2) the information has competitive value.
19 There is a rebuttable presumption that the information has
20 not been published, disseminated, or otherwise become a matter
21 of general public knowledge if the person has taken reasonable
22 measures to prevent the information from becoming available to
23 persons other than those selected by the person to have access
24 to the information for limited purposes and the statement of
25 justification contains a certification that the person has no
26 knowledge that the information has ever been published,

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1 disseminated, or otherwise become a matter of general public

2 knowledge.
3 (i) Denial of a trade secret request under this Section
4 shall be appealable under the Administrative Review Law.
5 (j) A person whose request to inspect or copy a public
6 record is denied, in whole or in part, because of a grant of
7 trade secret protection may file a request for review with the
8 Public Access Counselor under Section 9.5 of the Freedom of
9 Information Act or for injunctive or declaratory relief under
10 Section 11 of the Freedom of Information Act for the purpose of
11 reviewing whether the Department properly determined that the
12 trade secret protection should be granted.
13 (k) Except as otherwise provided in subsections (l) and (m)
14 of this Section, the Department must maintain the
15 confidentiality of chemical disclosure information furnished
16 under this Section, Section 35, or Section 75 of this Act under
17 a claim of trade secret, until the Department receives official
18 notification of a final order by a reviewing body with proper
19 jurisdiction that is not subject to further appeal rejecting a
20 grant of trade secret protection for that information.
21 (l) The Department shall adopt rules for the provision of
22 information furnished under a claim of trade secret to a health
23 professional who states a need for the information and
24 articulates why the information is needed. The health
25 professional may share that information with other persons as
26 may be professionally necessary, including, but not limited to,

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1 the affected patient, other health professionals involved in

2 the treatment of the affected patient, the affected patient's
3 family members if the affected patient is unconscious, unable
4 to make medical decisions, or is a minor, the Centers for
5 Disease Control, and other government public health agencies.
6 Except as otherwise provided in this Section, any recipient of
7 the information shall not use the information for purposes
8 other than the health needs asserted in the request and shall
9 otherwise maintain the information as confidential.
10 Information so disclosed to a health professional shall in no
11 way be construed as publicly available. The holder of the trade
12 secret may request a confidentiality agreement consistent with
13 the requirements of this Section from all health professionals
14 to whom the information is disclosed as soon as circumstances
15 permit. The rules adopted by the Department shall also
16 establish procedures for providing the information in both
17 emergency and non-emergency situations.
18 (m) In the event of a release of hydraulic fracturing
19 fluid, a hydraulic fracturing additive, or hydraulic
20 fracturing flowback, and when necessary to protect public
21 health or the environment, the Department may disclose
22 information furnished under a claim of trade secret to the
23 relevant county public health director or emergency manager,
24 the Director of the Illinois Department of Public Health, the
25 Director of the Illinois Department of Agriculture, and the
26 Director of the Illinois Environmental Protection Agency upon

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1 request by that individual. The Director of the Illinois

2 Department of Public Health, and the Director of the Illinois
3 Environmental Protection Agency, and the Director of the
4 Illinois Department of Agriculture may disclose this
5 information to staff members under the same terms and
6 conditions as apply to the Director of Natural Resources.
7 Except as otherwise provided in this Section, any recipient of
8 the information shall not use the information for purposes
9 other than to protect public health or the environment and
10 shall otherwise maintain the information as confidential.
11 Information disclosed to staff shall in no way be construed as
12 publicly available. The holder of the trade secret information
13 may request a confidentiality agreement consistent with the
14 requirements of this Section from all persons to whom the
15 information is disclosed as soon as circumstances permit.

16 Section 80. Water quality monitoring.
17 (a) Each application for a high volume horizontal hydraulic
18 fracturing permit shall provide the Department with a work plan
19 to ensure accurate and complete sampling and testing as
20 required under this Section. The work plan shall ensure
21 compliance with the requirements of this Section and include,
22 at a minimum, the following:
23 (1) information identifying all water sources within
24 the range of testing under this Section;
25 (2) a sampling plan and protocol, including

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1 notification to the Department at least 7 calendar days

2 prior to sample collection;
3 (3) the name and contact information of an independent
4 third party under the supervision of a professional
5 engineer or professional geologist that shall be
6 designated to conduct sampling to establish a baseline as
7 provided for under subsection (b) of this Section;
9 third party under the supervision of a professional
10 engineer or professional geologist that shall be
11 designated to conduct sampling to establish compliance
12 with monitoring as provided within subsection (c) of this
13 Section;
15 testing laboratory, certified to perform the required
16 laboratory method, to conduct the analysis required under
17 subsections (b) and (c) of this Section;
18 (6) proof of access and the right to test within the
19 area for testing prescribed within subsection (b) of this
20 Section during the duration of high volume horizontal
21 hydraulic fracturing operations covered under the permit
22 application, and copies of any non-disclosure agreements
23 made under subsection (d) of this Section; and
24 (7) identification of practicable contingency
25 measures, including provision for alternative drinking
26 water supplies, which could be implemented in the event of

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1 pollution or diminution of a water source as provided for

2 in Section 83.
3 (b) Prior to conducting high volume horizontal hydraulic
4 fracturing operations on a well, a permittee shall retain an
5 independent third party, as required within paragraph (3) of
6 subsection (a) of this Section, and shall conduct baseline
7 water quality sampling of all water sources within 1,500 feet
8 of the well site prior to any fracturing activities. The
9 samples collected by the independent third party, under the
10 supervision of a professional engineer or professional
11 geologist, shall be analyzed by an independent testing
12 laboratory in accordance with paragraph (4) of subsection (a)
13 of this Section. Testing shall be done by collection of a
14 minimum of 3 samples for each water source required to be
15 tested under this Section. The permittee shall, within 7
16 calendar days after receipt of results of tests conducted under
17 this subsection, submit the results to the Department or to the
18 owner of the water source under a non-disclosure agreement
19 under subsection (d) of this Section. The Department shall post
20 the results on its website within 7 calendar days after
21 receipt. The results shall, at a minimum, include a detailed
22 description of the sampling and testing conducted under this
23 subsection, the chain of custody of the samples, and quality
24 control of the testing.
25 (c) After baseline tests are conducted under subsection (b)
26 of this Section and following issuance of a permit by the

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1 Department, the permittee shall have all water sources

2 subjected to sampling under subsection (b) of this Section. All
3 water sources shall be sampled and tested in the same manner 6
4 months, 18 months, and 30 months after the high volume
5 horizontal hydraulic fracturing operations have been
6 completed. Sampling of a water source under this subsection is
7 not required if the water source was sampled under this
8 subsection or subsection (b) within the previous month. The
9 permittee shall notify the Department at least 7 calendar days
10 prior to taking the sample. The permittee shall, within 7
11 calendar days after receipt of results of tests conducted under
12 this subsection (c), submit the results to the Department or to
13 the owner of the water source pursuant to a non-disclosure
14 agreement under subsection (d) of this Section. The results
15 shall include, at a minimum, a detailed description of the
16 sampling and testing conducted under this subsection, the chain
17 of custody of the samples, and quality control of the testing.
18 (d) Sampling of private water wells or ponds wholly
19 contained within private property shall not be required where
20 the owner of the private property declines, expressly and in
21 writing, to provide access or permission for sampling. The
22 owners of private property may condition access or permission
23 for sampling of a private water well or pond wholly within the
24 property or a portion of any perennial stream or river that
25 flows through the property under a non-disclosure agreement,
26 which must include the following terms and conditions:

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1 (1) the permittee shall provide the results of the

2 water quality testing to the property owners;
3 (2) the permittee shall retain the results of the water
4 quality testing until at least one year after completion of
5 all monitoring under this Section for review by the
6 Department upon request;
7 (3) the permittee shall not file with the Department
8 the results of the water quality testing, except under
9 paragraph (4) of subsection (d) of this Section; and
10 (4) the permittee shall notify the Department within 7
11 calendar days of its receipt of the water quality data
12 where any testing under subsection (c) of this Section
13 indicates that concentrations exceed the standards or
14 criteria referenced in the definition of pollution or
15 diminution under Section 5 of this Act.
16 (e) Each set of samples collected under subsections (b) and
17 (c) of this Section shall include analyses for:
18 (1) pH;
19 (2) total dissolved solids, dissolved methane,
20 dissolved propane, dissolved ethane, alkalinity, and
21 specific conductance;
22 (3) chloride, sulfate, arsenic, barium, calcium,
23 chromium, iron, magnesium, selenium, cadmium, lead,
24 manganese, mercury, and silver;
25 (4) BTEX; and
26 (5) gross alpha and beta particles to determine the

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1 presence of any naturally occurring radioactive materials.

2 Sampling shall, at a minimum, be consistent with the work
3 plan and allow for a determination of whether any hydraulic
4 fracturing additive or other contaminant has caused pollution
5 or diminution for purposes of Sections 83 and 85 of this Act.

6 Section 83. Order authority.

7 (a) Any person who has reason to believe they have incurred
8 pollution or diminution of a water source as a result of a high
9 volume horizontal hydraulic fracturing treatment of a well
10 shall immediately notify the Department and request that an
11 investigation be conducted.
12 (b) Within 30 calendar days after notification, the
13 Department shall initiate the investigation of the claim and
14 make a reasonable effort to reach a determination within 180
15 calendar days after notification. The Department may contact
16 the Agency to seek the Agency's assistance in water quality
17 sampling. The Agency may seek cost recovery under subsection
18 (e) of Section 87 of this Act and recover all costs for samples
19 taken for the investigation under this Section.
20 (c) Any person conducting or who has conducted high volume
21 horizontal hydraulic fracturing operations shall supply any
22 information requested by the Department to assist the
23 Department. The Department shall give due consideration to any
24 information submitted during the course of the investigation.
25 (d) If sampling results or other information obtained as

HB2615 76 LRB098 10864 MGM 41398 b
1 part of the investigation or the results of tests conducted

2 under subsection (c) of Section 80 of this Act indicate that
3 concentrations exceed the standards or criteria referenced by
4 pollution or diminution under Section 5 of this Act, the
5 Department shall issue an order to the permittee as necessary
6 to require permanent or temporary replacement of a water
7 source. In addition to any other penalty available under the
8 law and consistent with the Department's order, the permittee
9 shall restore or replace the affected supply with an
10 alternative source of water adequate in quantity and quality
11 for the purposes served by the water source. The quality of a
12 restored or replaced water source shall meet or exceed the
13 quality of the original water source based upon the results of
14 the baseline test results under subsection (b) of Section 80
15 for that water source, or other available information. The
16 Department may require the permittee to take immediate action,
17 including but not limited to, repair, replacement, alteration,
18 or prohibition of operation of equipment permitted by the
19 Department. The Department may issue conditions within any
20 order to protect the public health or welfare or the
21 environment.
22 (e) Within 15 calendar days after a determination has been
23 made regarding the pollution or diminution, the Department
24 shall provide notice of its findings and the orders, if any, to
25 all persons that use the water source for domestic,
26 agricultural, industrial, or any other legitimate beneficial

HB2615 77 LRB098 10864 MGM 41398 b
1 uses.
2 (f) Upon issuance of an Order or a finding of pollution or
3 diminution under subsection (d) of this Section, the Department
4 shall contact the Agency and forward all information from the
5 investigation to the Agency. The Agency shall investigate the
6 potential for violations as designated within Section 87 of
7 this Act.
8 (g) Reports of potential cases of water pollution that may
9 be associated with high volume horizontal hydraulic fracturing
10 operations may be submitted electronically. The Department
11 shall establish a format for these reports to be submitted
12 through the website developed under Section 110 of this Act.
13 The Department shall electronically provide these reports to
14 the Agency.
15 (h) The Department shall publish, on its website, lists of
16 confirmed cases of pollution or diminution that result from
17 high volume horizontal hydraulic fracturing operations. This
18 information shall be searchable by county.
19 (i) Nothing in this Section shall prevent the Department
20 from issuing a cessation order under Section 8a of the Illinois
21 Oil and Gas Act.

22 Section 85. Presumption of pollution or diminution.
23 (a) This Section establishes a rebuttable presumption for
24 the purposes of evidence and liability under State law
25 regarding claims of pollution or diminution of a water source

HB2615 78 LRB098 10864 MGM 41398 b
1 and for use regarding the investigation and order authority

2 under Section 83.
3 (b) Unless rebutted by a defense established in subsection
4 (c) of this Section, it shall be presumed that any person
5 conducting or who has conducted high volume horizontal
6 hydraulic fracturing operations shall be liable for pollution
7 or diminution of a water supply if:
8 (1) the water source is within 1,500 feet of the well
9 site;
10 (2) water quality data showed no pollution or
11 diminution prior to the start of high volume horizontal
12 hydraulic fracturing operations; and
13 (3) the pollution or diminution occurred during high
14 volume horizontal hydraulic fracturing operations or no
15 more than 30 months after the completion of the high volume
17 (c) To rebut the presumption established under this
18 Section, a person presumed responsible must affirmatively
19 prove by clear and convincing evidence any of the following:
20 (1) the water source is not within 1,500 feet of the
21 well site;
22 (2) the pollution or diminution occurred prior to high
23 volume horizontal hydraulic fracturing operations or more
24 than 30 months after the completion of the high volume
25 horizontal hydraulic fracturing operations; or
26 (3) the pollution or diminution occurred as the result

HB2615 79 LRB098 10864 MGM 41398 b
1 of an identifiable cause other than the high volume


3 Section 87. Water quality investigation and enforcement.
4 (a) No person shall cause or allow high volume horizontal
5 hydraulic fracturing operations permitted under this Act to
6 violate Section 12 of the Illinois Environmental Protection Act
7 or surface water or groundwater regulations adopted under the
8 Illinois Environmental Protection Act.
9 (b) The Agency shall have the duty to investigate
10 complaints that activities under this Act have caused a
11 violation of Section 12 of the Illinois Environmental
12 Protection Act or surface or groundwater rules adopted under
13 the Illinois Environmental Protection Act. Any action taken by
14 the Agency in enforcing these violations shall be taken under
15 and consistent with the Illinois Environmental Protection Act,
16 including but not limited to, the Agency's authority to seek a
17 civil or criminal cause of action under that Act. The test
18 results under subsections (b) and (c) of Section 80 of this Act
19 may be considered by the Agency during an investigation under
20 this Section.
21 (c) A person who has reason to believe they have incurred
22 contamination of a water source as a result of high volume
23 horizontal hydraulic fracturing may notify the Agency and
24 request an investigation be conducted. The Agency shall forward
25 this request to the Department for consideration of an

HB2615 80 LRB098 10864 MGM 41398 b
1 investigation under Section 83 of this Act. If the Agency is

2 provided with notice under subsection (f) of Section 83, the
3 Agency shall conduct an investigation to determine whether
4 pollution or diminution is continuing to occur at the location
5 subject to the order, as well as locations identified by the
6 Department or at any other water source within 1,500 feet of
7 the well site. Any person conducting or who has conducted high
8 volume horizontal hydraulic fracturing operations shall supply
9 any information requested to assist the Agency in its
10 investigation. The Agency shall give due consideration to any
11 information submitted during the course of the investigation.
12 (d) Pollution or diminution is a violation of this Act and
13 may be pursued by the Department subject to the procedures and
14 remedies under Sections 100 and 105 of this Act.

15 Section 95. Plugging; restoration.
16 (a) The permittee shall perform and complete plugging of
17 the well and restoration of the well site in accordance with
18 the Illinois Oil and Gas Act and any and all rules adopted
19 thereunder. The permittee shall bear all costs related to
20 plugging of the well and reclamation of the well site. If the
21 permittee fails to plug the well in accordance with this

22 Section, the owner of the well shall be responsible for
23 complying with this Section.
24 (b) Prior to conducting high volume horizontal hydraulic
25 fracturing operations at a well site, the permittee shall cause

HB2615 81 LRB098 10864 MGM 41398 b
1 to be plugged all previously unplugged well bores within 750

2 feet of any part of the horizontal well bore that penetrated
3 within 400 vertical feet of the formation that will be
4 stimulated as part of the high volume horizontal hydraulic
6 (c) For well sites where high volume horizontal hydraulic
7 fracturing operations were permitted to occur, the operator
8 shall restore any lands used by the operator other than the
9 well site and production facility to a condition as closely
10 approximating the pre-drilling conditions that existed before
11 the land was disturbed for any stage of site preparation
12 activities, drilling, and high volume horizontal hydraulic
13 fracturing operations. Restoration shall be commenced within 6
14 months of completion of the well site and completed within 12
15 months. Restoration shall include, but is not limited to,
16 repair of tile lines, repair of fences and barriers, mitigation
17 of soil compaction and rutting, application of fertilizer or
18 lime to restore the fertility of disturbed soil, and repair of
19 soil conservation practices such as terraces and grassed
20 waterways.
21 (d) Unless contractually agreed to the contrary by the
22 permittee and surface owner, the permittee shall restore the
23 well site and production facility in accordance with the
24 applicable restoration requirements in subsection (c) of this
25 Section and shall remove all equipment and materials involved
26 in site preparation, drilling, and high volume horizontal

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1 hydraulic fracturing operations, including tank batteries,

2 rock and concrete pads, oil field debris, injection and flow
3 lines at or above the surface, electric power lines and poles
4 extending on or above the surface, tanks, fluids, pipes at or
5 above the surface, secondary containment measures, rock or
6 concrete bases, drilling equipment and supplies, and any and
7 all other equipment, facilities, or materials used during any
8 stage of site preparation work, drilling, or hydraulic
9 fracturing operations at the well site. Work on the removal of
10 equipment and materials at the well site shall begin within 6
11 months after plugging the final well on the well site and be
12 completed no later than 12 months after the last producing well
13 on the well site has been plugged. Roads installed as part of
14 the oil and gas operation may be left in place if provided in
15 the lease or pursuant to agreement with the surface owner, as
16 applicable.

17 Section 97. Seismicity.
18 (a) For purposes of this Section, "induced seismicity"
19 means an earthquake event that is felt, recorded by the
20 national seismic network, and attributable to a Class II
21 injection well used for disposal of flow-back and produced
22 fluid from hydraulic fracturing operations.
23 (b) The Department shall adopt rules, in consultation with
24 the Illinois State Geological Survey, establishing a protocol
25 for controlling operational activity of Class II injection

HB2615 83 LRB098 10864 MGM 41398 b
1 wells in an instance of induced seismicity.

2 (c) The rules adopted by the Department under this Section
3 shall employ a "traffic light" control system allowing for low
4 levels of seismicity while including additional monitoring and
5 mitigation requirements when seismic events are of sufficient
6 intensity to result in a concern for public health and safety.
7 (d) The additional mitigation requirements referenced in
8 subsection (c) of this Section shall provide for either the
9 scaling back of injection operations with monitoring for
10 establishment of a potentially safe operation level or the
11 immediate cessation of injection operations.

12 Section 99. Department report. Two years after the
13 effective date of the first high volume horizontal hydraulic
14 fracturing permit issued by the Department, and every 3 years
15 thereafter, the Department shall prepare a report that examines
16 the following:
17 (1) the number of high volume horizontal hydraulic
18 fracturing permits issued by the Department, on an annual
19 basis;
20 (2) a map showing the locations in this State where
21 high volume horizontal hydraulic fracturing operations
22 have been permitted by the Department;
23 (3) identification of the latest scientific research,
24 best practices, and technological improvements related to
25 high volume horizontal hydraulic fracturing operations and

HB2615 84 LRB098 10864 MGM 41398 b
1 methods to protect the environment and public health;

2 (4) confirmed environmental impacts in this State due
3 to high volume horizontal hydraulic fracturing operations,
4 including, but not limited to, any reportable release of
5 hydraulic fracturing flowback, hydraulic fracturing fluid,
6 and hydraulic fracturing additive;
7 (5) confirmed public health impacts in this State due
8 to high volume horizontal hydraulic fracturing operations;
9 (6) a comparison of the revenues generated under
10 subsection (e) of Section 35 of this Act to the
11 Department's costs associated with implementing and
12 administering provisions of this Act;
13 (7) a comparison of the revenues generated under
14 subsection (e) of Section 87 of this Act to the Agency's
15 costs associated with implementing and administering
16 provisions of this Act;
17 (8) a description of any modifications to existing
18 programs, practices, or rules related to high volume
19 horizontal hydraulic fracturing operations made by the
20 Department;
21 (9) any problems or issues the Department identifies as
22 it implements and administers the provisions of this Act;
23 (10) any recommendations for legislative action by the
24 General Assembly to address the findings in the report; and
25 (11) any other information the Department deems
26 relevant regarding its specific experiences implementing

HB2615 85 LRB098 10864 MGM 41398 b
1 and administering the provisions of this Act and,

2 generally, high volume horizontal hydraulic fracturing
3 operations.
4 The first report shall also examine any studies issued by
5 the United States Environmental Protection Agency regarding
6 high volume horizontal hydraulic fracturing operations. The
7 report required by this Section shall be provided to the
8 General Assembly and Governor.

9 Section 100. Criminal offenses; penalties.
10 (a) Except as otherwise provided in this Section, it shall
11 be a Class A misdemeanor to knowingly violate this Act, its
12 rules, or any permit or term or condition thereof, or knowingly
13 to submit any false information under this Act or regulations
14 adopted thereunder, or under any permit or term or condition
15 thereof. A person convicted or sentenced under this subsection
16 (a) shall be subject to a fine of not to exceed $10,000 for
17 each day of violation.
18 (b) It is unlawful for a person knowingly to violate:
19 (1) subsection (c) of Section 25 of this Act;
20 (2) subsection (d) of Section 25 of this Act;
21 (3) subsection (a) of Section 30 of this Act;
22 (4) paragraph (9) of subsection (c) of Section 75 of
23 this Act; or
24 (5) subsection (a) of Section 87 of this Act.
25 A person convicted or sentenced for any knowing violation

HB2615 86 LRB098 10864 MGM 41398 b
1 of the requirements or prohibitions listed in this subsection

2 (b) commits a Class 4 felony, and in addition to any other
3 penalty prescribed by law is subject to a fine not to exceed
4 $25,000 for each day of violation. A person who commits a
5 second or subsequent knowing violation of the requirements or
6 prohibitions listed in this subsection (b) commits a Class 3
7 felony and, in addition to any other penalties provided by law,
8 is subject to a fine not to exceed $50,000 for each day of
9 violation.
10 (c) Any person who knowingly makes a false, fictitious, or
11 fraudulent material statement, orally or in writing, to the
12 Department or Agency as required by this Act, its rules, or any
13 permit, term, or condition of a permit, commits a Class 4
14 felony, and each false, fictitious, or fraudulent statement or
15 writing shall be considered a separate violation. In addition
16 to any other penalty prescribed by law, persons in violation of
17 this subsection (c) is subject to a fine of not to exceed
18 $25,000 for each day of violation. A person who commits a
19 second or subsequent knowing violation of this subsection (c)
20 commits a Class 3 felony and, in addition to any other
21 penalties provided by law, is subject to a fine not to exceed
22 $50,000 for each day of violation.
23 (d) Any criminal action provided for under this Section
24 shall be brought by the State's Attorney of the county in which
25 the violation occurred or by the Attorney General and shall be
26 conducted in accordance with the applicable provision of the

HB2615 87 LRB098 10864 MGM 41398 b
1 Code of Criminal Procedure of 1963. For criminal conduct in

2 this Section, the period for commencing prosecution shall not
3 begin to run until the offense is discovered by or reported to
4 a State or local agency having authority to investigate
5 violations of this Act.

6 Section 101. Violations; civil penalties and injunctions.
7 (a) Except as otherwise provided in this Section, any
8 person who violates any provision of this Act or any rule or
9 order adopted under this Act or any permit issued under this
10 Act shall be liable for a civil penalty not to exceed $50,000
11 for the violation and an additional civil penalty not to exceed
12 $10,000 for each day during which the violation continues.
13 (b) Any person who violates any requirements or
14 prohibitions of provisions listed in this subsection (b) is
15 subject to a civil penalty not to exceed $100,000 for the
16 violation and an additional civil penalty not to exceed $20,000
17 for each day during which the violation continues. The

18 following are violations are subject to the penalties of this
19 subsection (b):
20 (1) subsection (c) of Section 25 of this Act;
21 (2) subsection (d) of Section 25 of this Act;
22 (3) subsection (a) of Section 30 of this Act;
23 (4) paragraph (9) of subsection (c) of Section 75 of
24 this Act; or
25 (5) subsection (a) of Section 87 of this Act.

HB2615 88 LRB098 10864 MGM 41398 b
1 (c) The penalty shall be recovered by a civil action before

2 the circuit court of the county in which the well site is
3 located or in the circuit court of Sangamon County. Venue shall
4 be considered proper in either court. These penalties may, upon
5 the order of a court of competent jurisdiction, be made payable
6 to the Environmental Protection Trust Fund, to be used in
7 accordance with the provisions of the Environmental Protection
8 Trust Fund Act.
9 (d) The State's Attorney of the county in which the
10 violation occurred, or the Attorney General, may, at the
11 request of the Department or on his or her own motion,
12 institute a civil action for an injunction, prohibitory or
13 mandatory, to restrain violations of this Act, any rule adopted
14 under this Act, the permit or term or condition of the permit,
15 or to require other actions as may be necessary to address
16 violations of this Act, any rule adopted under this Act, the
17 permit or term or condition of the permit.
18 (e) The State's Attorney of the county in which the
19 violation occurred, or the Attorney General, shall bring
20 actions under this Section in the name of the People of the
21 State of Illinois. Without limiting any other authority that
22 may exist for the awarding of attorney's fees and costs, a
23 court of competent jurisdiction may award costs and reasonable
24 attorney's fees, including the reasonable costs of expert
25 witnesses and consultants, to the State's Attorney or the
26 Attorney General in a case where he or she has prevailed

HB2615 89 LRB098 10864 MGM 41398 b
1 against a person who has committed a knowing or repeated

2 violation of this Act, any rule adopted under this Act, or the
3 permit or term or condition of the permit.
4 (f) All final orders imposing civil penalties under this
5 Section shall prescribe the time for payment of those
6 penalties. If any penalty is not paid within the time
7 prescribed, interest on penalty at the rate set forth in
8 subsection (a) of Section 1003 of the Illinois Income Tax Act,
9 shall be paid for the period from the date payment is due until
10 the date payment is received. However, if the time for payment
11 is stayed during the pendency of an appeal, interest shall not
12 accrue during stay.

13 Section 102. Other relief.
14 (a) Any person having an interest that is or may be
15 adversely affected may commence a civil action on his or her
16 own behalf to compel compliance with this Act against any
17 governmental instrumentality or agency which is alleged to be
18 in violation of the provisions of this Act or of any rule,
19 order, or permit issued under this Act, or against any other
20 person who is alleged to be in violation of this Act or of any
21 rule, order, or permit issued under this Act. No action may be
22 commenced under this subsection (a): (i) prior to 60 days after
23 the plaintiff has given notice in writing of the alleged
24 violation to the Department and to any alleged violator or (ii)
25 if the State has commenced and is diligently prosecuting a

HB2615 90 LRB098 10864 MGM 41398 b
1 civil action to require compliance with the provisions of this

2 Act, or any rule, order, or permit issued under this Act.
3 (b) Any person having an interest that is or may be
4 adversely affected may commence a civil action against the
5 Department on his or her own behalf to compel compliance with
6 this Act where there is alleged a failure of the Department to
7 perform any act or duty under this Act that is not
8 discretionary with the Department. No action may be commenced
9 under this subsection (b) prior to 60 days after the plaintiff
10 has given notice in writing of the action to the Department,
11 except that such action may be brought immediately after the
12 notification in the case where the violation or order
13 complained of constitutes an imminent threat to the health or
14 safety of the plaintiff or would immediately affect a legal
15 interest of the plaintiff.
16 (c) The court, in issuing any final order in any action
17 brought under this Section, may award costs of litigation
18 (including attorney and expert witness fees) to any party, on
19 the basis of the importance of the proceeding and the
20 participation of the parties to the efficient and effective
21 enforcement of this Act. The court may, if a temporary
22 restraining order or preliminary injunction is sought, require
23 the filing of a bond or equivalent security in accordance with
24 Part 1 of Article XI of the Code of Civil Procedure.
25 (d) Any person who is injured in his or her person or
26 property through the violation by any operator of any rule,

HB2615 91 LRB098 10864 MGM 41398 b
1 order, or permit issued under this Act may bring an action for
2 damages (including reasonable attorney and expert witness
3 fees). Nothing in this subsection (d) shall affect any of the
4 rights established by or limits imposed under the Workers'
5 Compensation Act.
6 (e) Any action brought under this Section may be brought
7 only in the county in which the high volume horizontal
8 hydraulic fracturing operation complained of is located.
9 (f) In any action under this Section, the Department shall
10 have an unconditional right to intervene.
11 (g) No existing civil or criminal remedy for any wrongful
12 action shall be excluded or impaired by this Act.
13 (h) Nothing in this Section shall restrict any right that
14 any person (or class of persons) may have under any statute or
15 common law to seek enforcement of any of the provisions of this
16 Act and the rules adopted under this Act, or to seek any other
17 relief (and including relief against the United States or the
18 Department).

19 Section 105. Violations, complaints, and notice; website.
20 The Department shall maintain a detailed database that is
21 readily accessible to the public on the Department's website.

22 The database shall show each violation found by the Department
23 regarding high volume horizontal hydraulic fracturing
24 operations and the associated well owners, operators, and
25 subcontractors. When the Department determines that any person

HB2615 92 LRB098 10864 MGM 41398 b
1 has violated this Act, the Department shall provide notice by

2 U.S. Postal Service certified mail, return receipt requested,
3 of the Department's determination to all persons required to
4 receive specific public notice under Section 40 of this Act
5 within 7 calendar days after the determination. The Department
6 shall also post the notice on the Department's website. The
7 notice shall include a detailed, plain language description of
8 the violation and a detailed, plain language description of all
9 known risks to public health, life, property, aquatic life, and
10 wildlife resulting from the violation.

11 Section 110. Public information; website.
12 (a) All information submitted to the Department under this
13 Act is deemed public information, except information deemed to
14 constitute a trade secret under Section 77 of this Act and
15 private information and personal information as defined in the
16 Freedom of Information Act.
17 (b) To provide the public and concerned citizens with a
18 centralized repository of information, the Department shall
19 create and maintain a comprehensive website dedicated to
20 providing information concerning high volume horizontal
21 hydraulic fracturing operations. The website shall contain,
22 assemble, and link the documents and information required by
23 this Act to be posted on the Department's or other agencies'
24 websites. The Department shall also create and maintain an
25 online searchable database that provides information related

HB2615 93 LRB098 10864 MGM 41398 b
1 to high volume horizontal hydraulic fracturing operations on

2 wells that, at a minimum, include, for each well it permits,
3 the identity of its operators, its waste disposal, its chemical
4 disclosure information, and any complaints or violations under
5 this Act. The website created under this Section shall allow
6 users to search for completion reports by well name and
7 location, dates of fracturing and drilling operations,
8 operator, and by chemical additives.

9 Section 120. Applicable federal, State, and local laws.
10 Compliance with this Act does not relieve responsibility for
11 compliance with the Illinois Oil and Gas Act, the Illinois
12 Environmental Protection Act, and other applicable federal,
13 State, and local laws.

14 Section 125. Administrative review. All final
15 administrative decisions, including issuance or denial of a
16 permit, made by the Department under this Act are subject to
17 judicial review under the Administrative Review Law and its
18 rules.

19 Section 130. Rules. The Department shall have the
20 authority to adopt rules as may be necessary to accomplish the
21 purposes of this Act. Any and all rules adopted under this Act
22 by the Department are not subject to the review, consultation,
23 or advisement of the Oil and Gas Board.

HB2615 94 LRB098 10864 MGM 41398 b
1 Section 135. The Mines and Minerals Regulatory Fund. The

2 Mines and Minerals Regulatory Fund is created as a special fund
3 in the State treasury. All moneys required by this Act to be
4 deposited into the Fund shall be used by the Department to
5 administer and enforce this Act and otherwise support the
6 operations and programs of the Office of Mines and Minerals.

7 Section 140. Severability. The provisions of this Act are
8 severable under Section 1.31 of the Statute on Statutes.

9 Section 150. The State Finance Act is amended by adding
10 Section 5.826 as follows:

11 (30 ILCS 105/5.826 new)
12 Sec. 5.826. The Mines and Minerals Regulatory Fund.

13 Section 999. Effective date. This Act takes effect upon
14 becoming law.
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7/18/2016 NY A08805 | 2011-2012 | General Assembly | LegiScan
NY A08805 | 20112012 | General Assembly
New York Assembly Bill 8805 (Prior Session Legislation)
Status
Spectrum: Bipartisan Bill
Status: Introduced on January 4 2012 25% progression, died in committee
Action: 20120201 print number 8805a
Pending: Assembly Environmental Conservation Committee
Text: Latest bill text (Amended) [HTML]
Summary
Provides for the regulation of the conducting of hydraulic fracturing; requires producers to disclose the composition of hydraulic
fracturing fluids to the department of environmental conservation; provides that producers using hydraulic fracturing are strictly
liable for any and all damages arising from such practice; requires all such producers to concede liability; provides for damages.
Title
Sponsors
Asm. Thomas Abinanti [D] Asm. Robert Castelli [R]
History
Date Chamber Action
20120201 Assembly print number 8805a

20120201 Assembly amend and recommit to environmental conservation
20120104 Assembly referred to environmental conservation
Same As/Similar To
S05879 (Same As) 20120104 REFERRED TO ENVIRONMENTAL CONSERVATION
New York State Sources
Type Source
Summary http://assembly.state.ny.us/leg/?default_fld=&bn=A08805&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y
http://assembly.state.ny.us/leg/?
Text
default_fld=&bn=A08805&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y#A08805
Text
default_fld=&bn=A08805&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y#A08805A
Bill Comments
https://legiscan.com/NY/bill/A08805/2011 1/2
7/18/2016 NY A08805 | 2011-2012 | General Assembly | LegiScan
https://legiscan.com/NY/bill/A08805/2011 2/2
7/18/2016 NY S05879 | 2011-2012 | General Assembly | LegiScan
NY S05879 | 20112012 | General Assembly
New York Senate Bill 5879 (Prior Session Legislation)
Status
Spectrum: Partisan Bill (Republican 10)
Status: Introduced on September 9 2011 25% progression, died in committee
Action: 20120104 REFERRED TO ENVIRONMENTAL CONSERVATION
Pending: Senate Environmental Conservation Committee
Text: Latest bill text (Amended) [HTML]
Summary
Title
Sponsors
Sen. Greg Ball [R]
History
Date Chamber Action
20120104 Senate REFERRED TO ENVIRONMENTAL CONSERVATION

20111223 Senate PRINT NUMBER 5879A
20111223 Senate AMEND AND RECOMMIT TO RULES
20110909 Senate REFERRED TO RULES
Same As/Similar To
A08805 (Same As) 20120201 print number 8805a
New York State Sources
Type Source
Summary http://assembly.state.ny.us/leg/?default_fld=&bn=S05879&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y
Text
default_fld=&bn=S05879&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y#S05879
Text
default_fld=&bn=S05879&term=2011&Summary=Y&Actions=Y&Text=Y&Votes=Y#S05879A
Bill Comments
https://legiscan.com/NY/bill/S05879/2011 1/2
7/18/2016 NY S05879 | 2011-2012 | General Assembly | LegiScan
https://legiscan.com/NY/bill/S05879/2011 2/2
7/18/2016 Bill Information - Senate Bill 1226; Regular Session 2011-2012 - PA General Assembly
Pennsylvania General Assembly 07/18/2016 02:15 PM
http://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2011&sInd=0&body=S&type=B&bn=1226
Home / Bill and Amendments / Bill Information
Bill Information
Regular Session 2011-2012
Senate Bill 1226
Short Title: An Act amending the act of December 19, 1984 (P.L.1140, No.223), known as the Oil and Gas Act, providing
for disclosure of composition of hydraulic fracturing fluids.
Prime Sponsor: Senator STACK
Last Action: Corrective Reprint, Printer's No. 1521, Sept. 15, 2011 [Senate]

Printer's No.: Printer's No. Text (H) Amendments (S) Amendments (H) Fiscal Note (S) Fiscal Note
1521*

1507


* denotes current Printer's Number
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ECONOMY DERAILED: STATE-BY-STATE IMPACTS OF THE EPA REGULATORY TRAIN WRECK
ECONOMY
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DERAILED
STATE-BY-STATE IMPACTS OF THE EPA REGULATORY TRAIN WRECK
WWW.REGULATORYTRAINWRECK.COM
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ABOUT THE AMERICAN LEGISLATION EXCHANGE COUNCIL
APRIL 2012
The American Legislative Exchange Council (ALEC) is the nation’s largest nonpartisan, individual membership organization of state
legislators, with more than 2,000 members across the nation. ALEC is committed to advancing the Jeffersonian principles of free
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ABOUT ALEC’S ENERGY, ENVIRONMENT, AND AGRICULTURE TASK FORCE

ALEC’s Energy, Environment, and Agriculture (EEA) Task Force promotes the mutually beneficial link between a robust economy
and a healthy environment, and seeks to enhance the quality and use of our natural and agricultural resources for the benefit of
human health and well-being. The Task Force works with more than 250 public- and private-sector members to develop model best
practices legislation on issues such as climate change, agriculture, environmental health, regulatory reform, federalism, chemical
regulation, property rights, waste management, and public lands. Rep. David Wolkins of Indiana serves as the Task Force’s public-
sector chairman, and Martin Shultz of Brownstein Hyatt Farber Schreck serves as private-sector co-chairman. Todd Wynn is the task
force director, and can be reached at twynn@alec.org or 202.742.8542.
Economy Derailed: State-by-State Impacts of the EPA Regulatory Train Wreck

© 2012 American Legislative Exchange Council
All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced
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Published by
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www.alec.org
Designed for ALEC by

Jason Keisling
iii
TABLE OF CONTENTS
EXECUTIVE SUMMARY....................................................................................................................................................... v
OVERVIEW......................................................................................................................................................................... 1
SECTION 1: THE CAUSES OF ECONOMIC DERAILMENT...................................................................................................... 10

Utility MACT Rule........................................................................................................................................................ 10
Boiler MACT Rule........................................................................................................................................................ 13
Cross-State Air Pollution Rule...................................................................................................................................... 15
Regulation of Coal Combustion Residues..................................................................................................................... 17
Cooling Water Intake Regulation................................................................................................................................. 19
Regulation of Hydraulic Fracturing............................................................................................................................... 22
Ozone Regulation........................................................................................................................................................ 25
Mining Restrictions and Regulation............................................................................................................................. 26
Greenhouse Gas Regulations....................................................................................................................................... 29
SECTION 2: ECONOMY DERAILED: STATE-BY-STATE IMPACT PROFILES.............................................................................. 34
SECTION 3: BROAD AND DIVERSE COALITION OPPOSING THE EPA................................................................................... 60
SECTION 4: TOOLS FOR STATE LEGISLATORS..................................................................................................................... 73
APPENDIX: . ..................................................................................................................................................................... 79
Glossary of Terms........................................................................................................................................................ 79
References.................................................................................................................................................................. 81
iv
APRIL 2012
EXECUTIVE SUMMARY
The U.S. Environmental Protection Agency (EPA) has begun a war Major findings in the report include:
on the American standard of living. During the past couple of • Environmental quality in the United States continues to
years, the Agency has undertaken the most expansive regulatory improve, despite the doomsday rhetoric coming from the
assault in history on the production and distribution of affordable EPA and environmental groups. Mercury, carbon monoxide,
and reliable energy. As of 2010, EPA regulations promulgated ozone, lead, nitrogen oxide, particulates, fine particulates,
under the Obama Administration had already surpassed the and sulfur dioxide have all decreased in both ambient
Agency’s regulatory output in the entire first term of Bill Clinton, concentrations in the atmosphere and in total emissions.
which, as the Wall Street Journal notes, was a period in which
“the EPA had just been handed broad new powers” under the • Affordable and reliable energy has directly led to a high standard
1990 revisions to the Clean Air Act. With 30 major regulations of living by allowing Americans to devote more resources to
and more than 170 policy rules still being finalized in the next health-promoting activities such as diet, health care, and
five years, the extent of EPA actions could surpass its entire 40- exercise rather than heating, cooling, and transportation costs.
year history of regulation. By contrast, unnecessary and burdensome environmental
regulations do have negative health impacts that result
Numerous regulations, all proposed within a short timeframe, from income being diverted away from health-promoting
have created regulatory chaos and uncertainty, stagnating expenditures toward energy costs. These impacts are far
investment as the economy attempts to recover from recession. worse for lower-income populations, because energy makes
These regulations are causing the shutdown of power plants up a larger proportion of their budget.
across the nation, forcing electricity generation off of coal,
destroying jobs, raising energy costs, and decreasing reliability. • The Utility MACT (MATS) Rule could require retrofits for up
to 753 electricity-generating units, and up to 15 gigawatts
Economy Derailed: State-by-State Impacts of the EPA’s Regulatory of electricity could be forced into early retirement. The
Train Wreck sheds light on a few of the more onerous regulations standards are so stringent that even recently permitted
that will hit all Americans in the next few years, and on some of plants employing the best available technology cannot meet
the impacts that the nation is already experiencing. This report them, and no new coal plants are likely to be built. Although
covers the economic effects of the Utility MACT Rule (also known at odds with just about every independent cost estimate, the
as the MATS Rule), the Boiler MACT Rule, the Cross-State Air EPA’s estimate of annual cost is approximately $11 billion,
Pollution Rule, coal ash residuals regulation, cooling water intake and its estimate of annual health benefits from the reduction
regulation, potential EPA regulation of hydraulic fracturing, in mercury is only $6 million.
ozone regulation, restrictions and regulations on mining, and
greenhouse gas regulations. • The Boiler MACT Rule risks nearly 800,000 jobs nationwide,
v
and the EPA has not estimated a single health benefit for • Estimates show that the regulation of greenhouse gases will
reducing the pollutants that this rule was intended to address. lead to significant increases in energy costs, with increases of
50 percent for gasoline and residential electricity prices, 75

• The Cross-State Air Pollution Rule could threaten up to 7 percent for industrial electricity prices and residential natural
gigawatts of electricity generation with early retirement, gas prices, and 600 percent for electric utility coal prices.
affecting reliability and affordability of electricity. The EPA These costs come with little to no environmental benefit.
estimates that the rule could cost $2.4 billion annually, yet the
newest data reveals that the CSAPR may not even be necessary, • State economic impacts of the EPA train wreck vary depending
because emissions have declined during the past few years. upon the percentage of the state’s electricity derived from
coal, whether coal mining operations exist within the state,
• The regulation of coal combustion residues will have significant and the makeup of the state’s industries. The top ten states
consequences on electricity generation and a robust recycling impacted by the EPA regulatory train wreck are Illinois, West
industry in the United States. The EPA estimates the average Virginia, Ohio, Alabama, Michigan, Indiana, Pennsylvania,
regulatory cost, for the next 50 years, to be almost $1.5 billion Tennessee, Kentucky, and North Carolina.
per year. Other estimates have found that the price tag could
run up to $20 billion annually. In addition, states themselves • A broad and diverse coalition opposes EPA overreach. In sum,
already have regulatory structures in place, meaning that EPA 32 current and former governors and lieutenant governors,
action would be a redundant, burdensome layer of regulation. 27 groups of state and local officials, 16 labor unions, 17 state
legislative bodies, 10 state agencies, and 57 trade associations
• Cooling water intake regulation could affect more than 1,000 have openly voiced opposition to the escalating EPA expansion.
coal, oil steam, and gas steam generating units (totaling 252 This coalition represents millions of workers, thousands of
gigawatts) as well as roughly one third of all installed nuclear state officials, tens of thousands of companies, more than
capacity (approximately 60 gigawatts). This could threaten up 3,000 counties, more than 19,000 cities, villages, and towns,
to 41 gigawatts with early retirement, and would also affect and thousands of state legislators across the country.
electric reliability across the country.
Given all of this EPA regulatory activity, it is essential for
• The further tightening of ozone standards could mean that concerned state legislators to get involved and stop the
approximately 85 percent of the nation would be in noneconomic derailment. This report outlines some of the available
attainment of a strict standard that has already been deemed comprehensive and issue-specific legislative tools, which include
unnecessary. By 2020, the standard could threaten up to 7.3 expressing strong opposition to the EPA’s regulatory onslaught,
million jobs. enhancing regulatory review, introducing bills to assert state
sovereignty, and providing guidelines for getting states on the
• The EPA has begun a war against coal mining by halting already right side of the ongoing legal and public relations battles.
approved permits, holding back and unnecessarily delaying
permits, and even revoking previously issued permits. The While this report offers a snapshot of EPA regulatory activity
closure of coal plants resulting merely from EPA air quality and the ensuing economic damage, the regulatory landscape is
regulations puts 27,000 coal mining jobs at risk. constantly shifting. Ongoing updates to the regulations detailed
vi in this report are available at www.regulatorytrainwreck.com.
APRIL 2012
OVERVIEW
The United States is under attack from within. In the past couple disaster, and most likely demand that the government take
of years, the U.S. Environmental Protection Agency (EPA) has action. Doomsday stories are told continuously, and create an
begun a war on the American standard of living, promulgating emotionally driven response to justify additional regulations on
and finalizing the most onerous regulatory assault on the industry and businesses.
American economy since its inception more than 40 years ago.
Although talks of a national cap-and-trade program are a political Just before the end of 2011, EPA Administrator Lisa Jackson
non-starter, the attack on affordable and reliable energy has strategically unveiled one of the most comprehensive and
continued through the numerous regulations being imposed in controversial regulations on the electric power industry at the
the next few years. This report reveals a dangerous picture of National Children’s Hospital in Washington, D.C. Exploiting
regulatory overreach trampling on state sovereignty, with no children in order to create an emotional justification for
regard to cost or implications within the states. an economy-killing regulation is obvious propaganda, and
demonstrates the shameless tactics used by the Agency.
America’s True Clean Air and Water Because of these tactics, it is not surprising that public opinion
Success Story regarding the environment is pessimistic, with polls showing
that large majorities of Americans think environmental quality
It is an amazing time to be alive in the United States. Technological is getting worse, not better. Propaganda from governmental
improvements, sensible regulations protecting property rights, agencies and environmental advocacy groups fuel this
and efficiency improvements advanced by the competitive sentiment. The doomsday picture is unfortunately a necessary
pressures of free markets have led to some of the cleanest air element for these groups, because it is hard to raise money for
and water in the world. These improvements, coupled with an environmental organization or justify the next regulation
economic development advanced by access to affordable and round of taxpayer funding when the air and water are
energy during the past century, are the reasons for the greatest cleaner every day. The media is also to blame, in some respect,
advancement of standards of living in humankind’s history. But because one would never see a headline stating, “Our air is
this story is not often told. clean and our water is pure. No need for alarm” — not many
newspapers would be sold. Unfortunately, alarmism, regardless
The EPA and environmental activists continue to cast a of the lack of data or facts, can have a profound effect both
discouraging and alarmist image of the state of the environment on Americans and on the political leaders that represent the
and health in the nation. If one only read press releases from the public. This translates into the basing of policy and regulatory
EPA or talking points from the major U.S. environmental groups, change on misguided agendas and depressing and inaccurate
one would be depressed, fearful of imminent environmental views of environmental trends.
1
Much to the contrary of propaganda fostered by the EPA This trend is not confined only to mercury emissions. Other
and others, traditional pollutants have been on the decline pollutants, such as carbon monoxide, ozone, lead, nitrogen
for decades, and continue to decline. The success story of oxide, particulates, fine particulates, and sulfur dioxide have all
environmental quality improvement in the United States is decreased both in ambient concentrations in the atmosphere
one that is often forgotten or never told, yet it may be one of and in total emissions.
the greatest success stories of our modern age. Specifically,
when Lisa Jackson unveiled the Utility MACT regulation at the Change in National Average Ambient Levels
Children’s Hospital, she was focusing on the main pollutant to be and Emissions 1980-2008*
reduced by the regulation: mercury. On the surface, this sounds
like a worthy cause. What is conveniently left out is that the trend
POLLUTANT AMBIENT EMISSIONS
for mercury emissions is already declining, and this regulation
would have little to no effect whatsoever on ambient mercury Carbon Monoxide (CO) -79% -58%
levels. Between the early 1990s and 2005, annual nationwide
mercury emissions decreased from 246 tons per year to 103 Ozone** (O3) -25% -49%
tons per year, a decrease of 58 percent. Lead (Pb) -92% -96%
Nitrogen Oxide -46% -40%
U.S. MERCURY EMISSIONS (Tons/Year) Sulfur Dioxide -71% -56%
Particulates (PM10), 1985-2008 -31% -46%
300 -31% -46%
Fine Particulates (PM2.5),
250
1985-2008
246.4
Source: EPA and Regulatory Trainwreck Publication
200
*Except for PM10 and PM2.5
TONS
150 **The emission measure here is volatile organic compounds (VOCs), a

principal ozone precursor
117.9 101.6
100
50 The long-term trend of the EPA’s Air Quality Index (AQI) also
reveals a similar success story. The AQI is a metric used for
0 declaring days on which the air is “unhealthy” for sensitive
people (children, the elderly, and people with respiratory
1990 1995 2000 2005 2010 ailments) in metropolitan areas. In just 10 years (1999–2008),
YEAR the AQI declined almost 63 percent, meaning that there
are 63 percent fewer days that air quality is unhealthy for
sensitive populations.1
2
AVERAGE CONCENTRATION (ppb)
2
4
6
8
10
12
1980-1982
1983-1985
1986-1988
1989-1991
1992-1994
1995-1997
SULFUR DIOXIDE LEVELS IN THE U.S., 1980-2010
1998-2000
2001-2003
2004-2006
2007-2009
2010
SOURCE: EPA
3
WWW.REGULATORYTRAINWRECK.COM APRIL 2012

4
AVERAGE MICROGRAMS PER CUBIC METER (µg/m3)
SOURCE: EPA
50
60
70
80
1990-1991
1992-1993
1994-1995
1996-1997
1998-1999
2000-2001
2002-2003
2004-2005
2006-2007
2008-2009
PARTICULATE MATTER (PM10) CONCENTRATIONS IN THE U.S., 1990-2010
2010
FINE PARTICULATE MATTER (PM2.5) CONCENTRATIONS IN THE U.S., 2000-2010
APRIL 2012
14
AVERAGE MICROGRAMS PER CUBIC METER (µg/m3)
13
12
11
10
9
2000
2001
2007
2008
2010
2002
2003
2004
2005
2006
2009
SOURCE: EPA
5
6
AVERAGE CONCENTRATION (ppm)
SOURCE: EPA
0.06
0.07
0.09
0.05
0.08
0.10
1980-1982
1983-1985
1986-1988
1989-1991
1992-1994
OZONE LEVELS IN THE U.S., 1980-2010
1995-1997
1998-2000
2001-2003
2004-2006
2007-2009
2010
AVERAGE CONCENTRATION (ppb)
10
12
14
16
18
20
22
24
26
28
30
1980-1982
1983-1985
1986-1988
1989-1991
1992-1994
1995-1997
1998-2000
NITROGEN DIOXIDE LEVELS IN THE U.S., 1980-2010
2001-2003
2004-2006
2007-2009
2010
SOURCE: EPA
7
WWW.REGULATORYTRAINWRECK.COM APRIL 2012

These environmental quality improvements mean that U.S. development, which is intricately tied to the standard of living
citizens are living healthier, longer lives, and this is evident in and health of citizens. The Annapolis Center for Science-Based
increasing life expectancies. At the turn of the century, life Public Policy has found that inexpensive energy has directly led
expectancy was considerably shorter than it was today. Around to a high standard of living and longevity by allowing individuals
1900, an average American could expect to live 49.2 years.2 In to devote more resources to health-promoting activities such
this century, an average American can be expected to live almost as diet, health care, and exercise, rather than to heating,
78 years — an increase of almost 37 percent in just 100 years.3 cooling, and transportation costs.4
Ever-Increasing Regulations Threaten “Prosperity depends upon reliable,

Standards of Living affordable access to energy…” — Steven
Chu, Secretary of Energy, 2009
One of the major reasons why we see higher life expectancies
today than 100 years ago is the increasing access to affordable
and reliable energy. Energy is the lifeblood of the economy Because of its low cost and abundance, coal is used to generate
and our standard of living. Everything Americans buy, about half of the electricity consumed in the United States. The
consume, produce, and transport requires energy. The ability EPA’s recent regulatory onslaught is a direct attack on affordable
to develop energy resources within a state’s borders, to use and reliable power in the country, and coal is its major target.
energy resources efficiently and effectively, and to be free of Instead of eliminating the use of coal with a cap-and-trade
overbearing regulations and policies that constrict consumer scheme or a carbon tax, the EPA has initiated a number of rules
choice all play a role in the economic position of a state. that will effectively end the use of coal. The regulations discussed
Access to affordable and reliable energy leads to economic in the next section are only some of the EPA’s actions aimed at
eliminating coal and thus increasing energy costs.
“Electricity ushered in a transformation of Electricity generation is the first industry to be affected by the
American Society at the end of the 19th EPA onslaught. The Agency is moving forward with additional
century. Suddenly, the backbreaking work that regulations that will increase the cost of electricity through
consumed dawn to dusk for most Americans unnecessary retrofits, increase the cost and reduce the supply
of coal through additional mining restrictions, and force power
was alleviated by electric motors, dynamos and plants to retire—affecting both the reliability and affordability
generators. Electric household appliances made of electricity. Opponents of overbearing regulation often cite
it possible to heat homes, cook food, store studies that show significant increases in electricity rates and
meat and perishable items and wash clothes the number of job losses resulting from a power plant closure.
without the drudgery and fear of disease that These are the direct impacts of EPA actions. What is not seen
is the myriad of negative consequences that touch every single
had haunted previous generations.” — Ohio American. Overreaching regulations impact more than just
Department of Public Utilities your electricity bill. Electricity is the major input to industry, so
8
it runs the factories that manufacture the products you need. and water regulations. The vast expansion of federal regulations
APRIL 2012
Industry uses 30 percent of the nation’s energy, which means is illustrated by the trend of the size of the Federal Register,
that electricity prices have a large effect on the cost of the the main source for rules and regulations on the economy. In
products produced. These factories will pass cost increases onto 1936, the pages in the Register totaled just 2,620. In 2011, this
consumers or go out of business. A hospital that sees a spike in number topped 80,000, representing more than a 3,000 percent
the cost of electricity will integrate a portion of that cost into increase.6 In addition, at the end of 2010, there were more than
the bill the next time a patient visits the doctor. Electricity is an 270,000 federal regulatory employees focused on proposing,
input to refining oil, and the EPA has proposed new regulations implementing, and enforcing regulations.7
on refineries, so the next gallon of gasoline needed to transport
fresh fruits and vegetables to the local grocery store will increase
Good public policy and sensible environmental regulation weigh
in cost as well. the costs and benefits of regulatory action. The costs of the
recent EPA regulations are well documented by both the EPA
and independent research studies, and although they vary, they
“Access to electricity is strongly correlated all show significant costs. It is unfortunate that many regulators
with every measureable indicator of and policymakers alike do not understand the unintended
consequences of ignoring a thoughtful consideration of costs
human development.” — Berkeley Science versus benefits. If a regulation’s cost outweighs the benefit,
Review, 2008 that regulation could be causing more harm than good. Instead
of a citizen spending money on access to better health care,
The U.S. Bureau of Labor Statistics found that a family with improving his or her health, it would be spent on an inefficient
annual income of $50,000 or less takes a significant hit when and costly regulation. There is a point of diminishing returns at
energy prices increase. Nearly 50 percent of U.S. households which the continuing regulatory burden, by increasing the cost
earn less than $50,000 per year, and these households spend of energy, will have dangerous unintended consequences for the
more on energy than on food, spend twice as much on energy health and standard of living of Americans. A study released by
than on health care, and spend more on energy than on anything Johns Hopkins University noted that “predicted mortality trends
else except for housing.5 The picture becomes even grimmer associated with air quality regulations that increase energy costs
for households with an annual income of less than $30,000. show trends an order of magnitude greater than the estimated
Nearly 40 million U.S. households earning less than $30,000 benefits.”8 Another study cautions that the economic costs of
per year spend 20 percent or more of their income on energy. regulations “tend to worsen individual health or safety and can
These households spend 75 percent more on energy than on shorten lifetimes.”9
health care, and more on energy than on food. Increases in
energy prices will mean that Americans have less money in their The state impact profiles in this report are just the tip of the
pockets to purchase health care, healthy food, exercise, shelter, economic destruction iceberg. Affordable and reliable energy
and many other essentials for a healthy and long life. is being attacked, and thus the American way of life, standard
of living, and even public health is being threatened. The EPA’s
Despite significant environmental improvements during the past regulatory impacts will be felt for generations to come if nothing
few decades, the EPA continues to propose more stringent air is done to stop them.
9
THE CAUSES OF ECONOMIC DERAILMENT

The EPA has begun an unprecedented expansion of regulatory and-trade system to limit emissions of mercury from coal-fired
authority. This section provides a basic introduction to just nine power plants. This was a change in policy by the Agency, because
of the numerous regulations representing the cause of an eco- all previous sources of mercury subject to emission standards
nomic derailment. had been required to meet plant-specific MACT standards under
the CAA. The 2005 cap-and-trade rules addressed only mercury,
Utility Maximum Available Control and would have allowed many power plants to avoid control
provided they obtained allowances from others who achieved
Technology (MACT) Rule lower pollution levels than required, or reduced emissions
sooner than required.
The Utility MACT Rule aims to regulate all hazardous air pollutants
(HAPs), including mercury and acid gases, for coal and oil plants. The CAA statute requires that MACT standards applicable at
Under Title I of the Clean Air Act (CAA), the EPA will require each existing plant be no less stringent than the average emission
the adoption of “Maximum Available Control Technology” for limitation achieved by the best-performing 12 percent of existing
these HAPs, defined as the strict requirement that all existing sources in the industry. Whether the EPA could substitute cap-
power plants must equal the average performance of the top 12 and-trade rules for the MACT requirements was challenged by
percent of power plants. New plants must meet an even stricter the State of New Jersey and others. The D.C. Circuit Court of
standard. As proposed, the Utility MACT would require coal-fired Appeals found that the EPA had to require that each plant meet
power plants to achieve a 91 percent reduction from emissions MACT standards instead of instituting cap-and-trade. Rather
of mercury, nine other toxic metals, and three acid gases. than appeal the court’s ruling to the Supreme Court, the EPA
proposed what is referred to as “Utility MACT” on March 16,
2011. The final MACT standards were to be publicized by Nov.
“The rule could require retrofits for up to 16, 2011. After receiving 960,000 comments on the rule, EPA
753 units, and up to 15 gigawatts could be extended the final rule date to Dec. 16, 2011. On Feb. 16, 2012,
forced into early retirement by the rule, the EPA published the finalized Utility MACT Rule (also known as
the Mercury and Air Toxics or MATS rule) in the Federal Register.
affecting electricity price and reliability for The three-year compliance period starts on April 16, 2012, and
up to 15 million American households.” affected power plants will have to comply with the standards by
April 16, 2015.
Background Who Is Affected?

In 2005, the EPA promulgated regulations establishing a cap- This rule will apply on a plant-by-plant basis to nearly every
10
coal- or oil-fired utility in the country, and it will require rapid per year. The EPA claims that the rule will be the most costly of
APRIL 2012
compliance within just three years. An analysis by the North the proposed rules (although they failed to estimate costs on
American Electric Reliability Corporation estimates that the rule a number of proposed regulations). The EPA is not required to
could require retrofits for up to 753 units, and that up to 15 look at the cumulative effects of the rule, only the direct cost of
gigawatts could be forced into retirement by the rule. compliance, thus its calculations leave out any ancillary impacts,
such as job losses, impact on businesses from higher energy
Expensive pollution-control equipment will need to be installed costs, or electric reliability issues because of the early retirement
to meet these standards at a large number of plants, and these of power plants.
installations will be required as the EPA is simultaneously
imposing many other requirements on the industry. Regardless
of cost, it simply may be impossible for many plants to install the “The EPA’s estimates of the direct benefits
necessary equipment to meet the standards within the limited attributable to reduction of the specific air
compliance time frame, forcing them to close. The standards toxics targeted by Utility MACT range from
are so stringent that even recently permitted plants employing $500,000 to $6 million per year. Costs of the
the best available technology cannot meet them, and no new
proposed rule outweigh benefits roughly
coal plants are likely to be built.10
1800 to 1.”
A 2005 analysis by the U.S. Energy Information Administration
found that, depending on the availability of compliant The Texas Commission on Environmental Quality (TCEQ)
commercialized mercury removal technologies, resource costs claims that the EPA, through implementation of the Utility
MACT Rule, is using the CAA as a “mechanism to drive national
could be as high as $261 to $358 billion. Even without addressing
potential scrubber requirements, a Credit Suisse report predictsenergy policy.”12 TCEQ states that “the proposed rule is
not technologically feasible for coal-fired EGUs [electricity-
capital expenditures of $70 to $100 billion for utilities to comply
with just the mercury MACT and Clean Air Transport Rule. generating units]. Based on the current state of technology,
the TCEQ anticipates that no new coal-fired EGUs will be built
An analysis by National Economic Research Associates (NERA) in the country if the EPA adopts the rule as proposed and that
found that the Utility MACT rule and other pending EPA many existing coal-fired EGUs will be shut down.”13
regulations would destroy an average of 183,000 jobs every year
from 2012 to 2020, and increase electricity and other energy Households will not only face higher electricity bills because
prices by $170 billion.11 The NERA analysis also found that the of this rule, but also the possibility of reduced reliability
average American household would have $270 less to spend resulting from the early retirement of power plants. This
each year because of new EPA regulations. effect can ripple through the economy, hindering investment
and economic development for years to come.
The EPA projected the annualized cost of compliance with the
proposed rule at $10.9 billion in 2015, remaining at $10–11 Why Is This Unnecessary?
billion annually through 2030. Incredibly, the EPA’s highest The impact of U.S. sources for mercury exposure is vastly
benefit estimate of the reduction in mercury is only $6 million overstated. At least 30 percent of the mercury that is in the
11
United States comes from other countries, and more than 80
percent of seafood (the primary exposure method) eaten in
WHAT LEGISLATORS ON THE HILL ARE
this country is from foreign shores. The Electric Power Institute

SAYING ABOUT THE UTILITY MACT RULE estimates that less than 5 percent of the 2,500 tons of mercury
released each year comes from the United States. Natural
“The economic analysis of the Obama EPA’s
sources of mercury, such as volcanoes, sub-sea vents, and
Utility MACT paints a bleak picture for economic geysers, release 9,000 to 10,000 tons per year—dwarfing any
recovery as it will cost $11 billion to implement, manmade sources. Eliminating the very low levels of mercury
increase electricity rates for every American, and, emitted from U.S. power plants would have virtually no effect on
along with the Cross-State rule, destroy nearly 1.4 human health in this country.
million jobs. This contrasts sharply with the mere
A former EPA Assistant Administrator for Air and Radiation
$6 million in direct benefits the Agency projects explains: “[E]ven if you could eliminate all the mercury
from the rule’s implementation. Sadly, this rule isn’t emissions in the U.S. completely, from every source of
about public health. It is a thinly veiled electricity mercury pollution, you would have almost no impact on
tax that continues the Obama Administration’s people’s exposure.”
war on affordable energy and is the latest in an
The EPA’s analysis for the Utility MACT Rule indicates that
unprecedented barrage of regulations that make
two percent of mercury deposition in the United States is
up EPA’s job-killing regulatory agenda.” – Senator attributable to coal-fueled power plants, because most of the
James Inhofe (R-OK) mercury deposited in the United States originates in other
countries.14 According to the EPA’s own analysis, mercury
“It is disappointing but not surprising to see that reduction from the proposed utility MACT rule would result
regulations by EPA have caused several plants in average IQ savings of 0.002 IQ points per child among
the U.S. population that consumes recreationally caught
to be closed. These local plants provide jobs and
freshwater fish.15 Because average IQ is 95 to 100 IQ points,
are an economic benefit to the area. This is just the resulting improvement within this population would be
the tip of the iceberg. While EPA has not been two thousandths of one percent (0.002 percent) per child,
transparent about exactly how much the Utility a difference that “could never be measured or observed in
MACT will cost, estimates show that it will be real life.” In addition, the EPA’s analysis indicates that the
the most costly electricity regulation in EPA’s increased cancer risk caused by coal-fueled power plants is
only three ten-thousandths of one percent (0.0003 percent).
history. Unfortunately, consumers and workers will Similarly, the EPA indicates that non-cancer health effects are
ultimately suffer the most from EPA’s job destroying well below what the EPA considers a “level of concern.”16
agenda.” — Energy and Power Subcommittee
Chairman Ed Whitfield (R-KY) In addition, the EPA is relying to a great degree on coincidental
“co-benefits” of fine particulate matter (PM2.5) reductions.
12 This means that regulations having nothing to do with reducing
PM2.5, such as the Utility MACT, are counting the reduction in Boiler Maximum Achievable Control
APRIL 2012
PM2.5 as a benefit, even though there is a separate rule that
expressly addresses this pollutant. Co-benefits from PM2.5 that Technology (MACT) Rule
the EPA already regulates should not be allowed to be the major
—or, in some cases, the entire—calculated health benefit for a The proposed MACT standard for commercial and industrial
regulation that addresses entirely different pollutants. If the co- boilers (Boiler MACT Rule) would regulate emissions of
benefits are counted, then there is a misleading and unjustifiable hazardous air pollutants (HAPs) from a variety of commercial,
benefit analysis for such regulations. industrial, and institutional boilers. Specifically, the rule will
address emissions of mercury, dioxin, particulate matter (a
For example, the EPA claims that the Utility MACT rule will proxy for non-mercury metallic HAPs), hydrogen chloride (a
save up to 17,000 lives per year, avert 11,000 heart attacks, proxy for acid gas HAPs), and carbon monoxide (a proxy for
and lower numerous other respiratory and cardiovascular non-dioxin organic HAPs). Thousands of such boilers are used
ailments. Almost all of the health benefits (more than 99.9 throughout the nation, burning gas, oil, coal and biomass to
percent) claimed by the EPA are attributable to the EPA’s generate heat and electricity for factories, schools, and a
estimates in reductions of PM2.5, which the Utility MACT variety of other types of facilities.
rule is not even designed to address. The EPA has estimated
benefits for mercury reductions, only one of the air toxics Background
addressed by the rule. The Agency’s highest benefit estimate The EPA released the first version of its Boiler MACT Rule
for the mercury reduction is $6 million per year, compared to on April 29, 2010, and planned to issue a final rule by Jan.
its cost estimate totaling $10.9 billion annually.17 21, 2011. After the release of the first version, there was an
overwhelming outpour of protest that the agency did not leave
Nevertheless, mercury emissions are already declining. Between itself enough time to consider comments from the public, as
1990–1993 and 2005, annual nationwide mercury emissions required by law, and to make changes to the rule in response
decreased by 58 percent. Decreases will continue as older plants to those comments. Consequently, the EPA sought court
are phased out and replaced by newer plants. approval to extend the deadline for issuing the rule to April 13,
2012, citing the need to “formulate the final standards based
on careful consideration of all relevant data and upon full
UTILITY MACT COSTS VS BENEFITS (Billions/Year) consideration of comments.” Environmental groups opposed
the EPA’s request for extension, and the court ordered the
Pollutant Type Direct Benefits Direct Costs agency to release the regulations by Feb. 21, 2011.
Mercury <$0.1 $2.3 On May 18, 2011, the EPA published a notice of postponement in
Acid Gases $0 $5.4 the Federal Register stating the need to delay implementation of
Non-HG Metals $0 the rule. The agency cited several issues it intended to reconsider,
$3.2
Organic HAPs $0 Not estimated new data that it was unable to incorporate, and insufficient
by EPA opportunity for the public to comment on certain revisions.
Unfortunately, a federal court ruled that it was unlawful for the
TOTAL <$0.1 $10.9 EPA to delay the implementation date while the agency undertakes 13
a process of reconsideration of the final rule. The court decision In September 2010, 41 U.S. senators signed on to a bipartisan
means that new boilers must immediately comply with the rule letter to Lisa Jackson expressing deep concern that this rule
when they come on-line. Existing boilers would have until March would create “onerous burdens on U.S. manufacturers.”20
2014 to comply with the rule. The EPA intends to announce its The U.S. Small Business Administration warned that the rules
reconsidered proposed rules in April 2012, and intends to issue would cause “significant new regulatory costs” for businesses,
final rules by the fall. After the decision by the court, the EPA has institutions, and municipalities across the country.21
committed not to enforce those standards for the time being. EPA
Administrator Lisa Jackson noted that the Agency has proposed The cost, according to the United Steelworkers Union, “will
a revised suite of boiler standards that it expects to finalize in be sufficient to imperil the operating status of many industrial
April 2012. Until those standards are complete, Jackson stated plants.”22 A study by IHS/Global Insight concluded that
that the EPA would not enforce notification obligations that might this proposal would risk nearly 800,000 jobs, and that “[e]very
otherwise apply to existing sources under the 2011 standards billion dollars spent on MACT upgrade and compliance costs
reinstated by the D.C. court. will put 16,000 jobs at risk and reduce U.S. GDP by as much as
$1.2 billion.”23 The Council of Industrial Boiler Owners estimates
that the rule may cost $14.3 billion and put 230,000 jobs at risk.
“The cost, according to the United Even the EPA estimates that the installation and maintenance of
Steelworkers Union, ‘will be sufficient controls to implement the rule will cost $487 million per year.24
to imperil the operating status of many
industrial plants.’” The costs of the rule will be borne by consumers. Any facility
affected by this rule that generates electricity or heat from an
industrial boiler will face higher costs.
Unfortunately, there is little consolation for numerous industries
relying on the affected fossil fuel–fired and biomass-fired boilers. Why Is This Infeasible and Unnecessary?
The rule and the uncertainty surrounding its implementation In setting specific standards for emissions, the EPA chose to
would impose difficult-to-meet emissions standards and estimate “technology-based” standards that would require
monitoring requirements for hazardous air pollutants. existing boilers to match the average emissions achieved by
the best-performing 12 percent of existing sources. Meanwhile,
Who Is Affected? new boilers would have to match the absolute best-performing
The original Boiler MACT rule would have affected almost source. Each standard is measured against the best-performing
200,000 existing boilers and any new boilers constructed after source of each individual pollutant, not against total emissions.
the rule became final.18,19 These boilers can be found in factories,
farms, schools, apartment buildings, restaurants, hospitals, and “Under the current form of the rule, boiler
churches, and the operators of these facilities would be required
to test emissions and to meet strict and complex standards in
operators are expected to meet standards
order to comply. The newest version of the rule now affects the that not only may be impossible, but that
largest 5,500 industrial boilers. Most of these boilers are found are also entirely disconnected from any
at paper mills, chemical manufacturing facilities, and refineries. real benefit to health.”
14
For example, a best-performing emitter of mercury may not Cross-State Air Pollution Rule
APRIL 2012
be a good performer in regard to the other pollutants. The
Boiler MACT Rule expects existing and new boilers, however, to The Cross-State Air Pollution Rule, approved in July 2011, aims
perform extremely well or match the best performers in all of to reduce power plant emissions that cross state lines and
these categories, something which no boiler out there may be contribute to ozone and fine particle pollution in the eastern
doing at present.
United States. The rule requires reduction of power plant SO2
emissions by 73 percent from 2005 levels, and NOx emissions
In choosing standards based on technology, the EPA avoided by 54 percent.
setting emission levels based on health risks, which is the
purported reason for the rule in the first place. The EPA Background
admitted that it lacked information necessary to set health- The original version of the rule was the Bush Administration’s
based standards.25 Yet in a press release on the Boiler MACT Clean Air Interstate Rule (CAIR), which was approved in 2005.
Rule, the EPA claimed that the rule will “avoid between The rule was largely supported by the utility industry, states, and
2,600-6,600 premature deaths, prevent 4,100 heart attacks the environmental community, but it was overturned in court
and avert 42,000 asthma attacks per year in 2014.”26 The EPA because the mechanism for unlimited trading of permits was not
only quantified the benefit attributed to reductions in PM2.5, authorized under the applicable Clean Air Act provision.
which is addressed by another regulation. Not a single health
benefit has been estimated for the hazardous air pollutants On remand, the EPA proposed a new program, the Clean Air
that this rule was intended to address. Transport Rule (CATR), which is formally called the Cross-State Air
Pollution Rule. The rule requires the states to meet more stringent
Americans cannot afford costly regulations that aim only to emissions reductions than CAIR, and is largely supported by
impose difficult, if not impossible, technological standards that environmental groups but opposed by utility groups.
are entirely disconnected from any real benefit to health.
Although the rule was only approved in July 2011, the EPA
Potential Economic Impact of Boiler MACT Rule wants the rule to be effective in 2012. Normally, states are
responsible for having State Implementation Plans (SIP) to
LOW ESTIMATE HIGH ESTIMATE meet requirements, and if the EPA thinks that the plan does
not adequately address the requirements, the EPA is required
Employment -152,552 -798,250 to give the state time to revise the plan (usually measured in
Labor Income -$6.9 billion -$38 billion years). In order to implement the Cross-State Rule quickly, the
EPA is imposing a Federal Implementation Plan (FIP) for each
Industry Sales -$30.4 billion -$172.5 billion
of the states. States may develop their own SIP, but the federal
Tax Revenues -$2.6 billion -$14.3 billion plan will take effect until the state acts to replace it. Expediting
Gross Domestic -$11.4 billion -$63.3 billion the timeline for compliance deprives states of reasonable time
Product to make revisions or implement their own plans. Such action
unnecessarily ignores the established legal process under the
model of cooperative federalism set forth in the Clean Air Act.
15
Utilities were planning for standards in 2012 with only six months’ billion annually, with the majority being borne by consumers
notice of the details of the final rule. As a result, the industry each year.
only recently discovered specifically what rule the EPA was

implementing, much less what the final requirements would be. Households in the affected region will face not only higher
electricity bills, but also reduced reliability in the form of
brownouts resulting from the restricted power supply. This
“CSAPR is an unnecessary, burdensome effect can ripple through the economy, hindering investment
regulation that violates states’ rights and and economic development for years to come.
hinders any chance of an economic recovery.”
Why Is This Unnecessary?
The Cross-State Air Pollution Rule seeks to reduce power
A last-minute ruling by the U.S. Court of Appeals for the plant SO2 emissions by 73 percent from 2005 levels, and NOx
District of Columbia delayed the Jan. 1, 2012, effective date emissions by 54 percent. This is an ambitious, dangerous, and
of the CSAPR until the Court can make a final decision on the unnecessary pursuit that ignores the steady progress made
regulation, which is expected to be heard by April 2012.
As it stands, the industry will have to comply sometime soon,

making it virtually impossible for them to fashion coherent
STATES AFFECTED BY THE CROSS-
plans for making the long-term, capital-intensive investments STATE AIR POLLUTION RULE
necessary to ensure that power supplies remain reliable.
Who Is Affected?
The Cross-State Air Pollution Rule will apply to virtually the entire
fleet of fossil fuel power plants east of the Mississippi River,
and some on the western side. The North American Reliability
Corporation’s report figures that even the most modest version
of the rule could threaten 7 gigawatts (GW) with retirement. To
put this in perspective, 7 GW provides power to a little less than
7 million American households. A report by the Brattle Group
found that the number could go as high as 55 GW if the most
expensive pollution control equipment — “scrubbers” to remove
sulfur dioxide and selective catalytic reduction equipment (SCRs)
to remove nitrogen oxides — are required for power plants.
The cost of investing in scrubbers and SCR units could run up

to $120 billion by 2015. Even the EPA’s extremely conservative
cost estimate indicates that the rule’s price could be $2.4
16
through technological improvements and existing regulations. yet the Agency still plans to move forward with the CSAPR.
APRIL 2012
Ambient levels and overall emissions of both SO2 and NOx Virtually all of the communities that the EPA found to be out of
have dramatically declined during the past few decades, and compliance are now in compliance, and the rest are expected to
will continue to do so into the future without the imposition be in compliance by 2014 with existing regulations in place.
of tighter restrictions. From 1980 to 2008, SO2 ambient levels
dropped by 71 percent, and overall emissions dropped by
56 percent nationwide. During the same time period, NOx
ambient levels dropped by 46 percent and overall emissions
dropped by 40 percent. With these levels already at historic
lows, it is unclear even from an environmental perspective
what is to be gained by forcibly reshaping the electric utility
industry in exchange for marginal emissions reductions.
The Cross-State Air Pollution Rule could

threaten 7 gigawatts of electricity
generation capacity with early
retirement, which is roughly enough to
power 7 million American households.
Regulation of Coal Combustion
Residues (CCRs)
To justify CSAPR, the EPA took emissions data from 2003–
2007 to determine which states were affecting downwind air The EPA is considering classifying coal combustion residues,
quality. The Agency then applied computer modeling to predict more commonly known as coal ash, as a hazardous waste. CCRs
which states would likely be targets for the two phases of EPA are byproducts of the combustion of coal at power plants, and
regulation that go into effect in 2012 and 2014. Targets for are disposed of in liquid form at large surface impoundments, in
regulation would be states that contribute more than 1 percent solid form at landfills, or in many cases beneficially recycled .This
of the level of nonattainment of ozone and PM2.5 in neighboring classification would place strict and expensive regulations on coal
states. Recently, the EPA released more timely emissions data ash, burdening both coal power plant owners and the $2-billion-
from 2007–2010 that reflect the recent reductions in emissions per-year coal ash recycling trade that uses the byproduct for a
since the base years. The data show that emissions levels have variety of purposes.
dropped, accomplishing regulatory outcomes in areas that will
be forced to comply with the CSAPR. This data was available to Background
the EPA during the time the CSAPR was proposed but it was not In 2008, a dam at a coal ash storage impoundment operated by
used. By using outdated data, the EPA inflated the nonattainment the Tennessee Valley Authority failed, resulting in a significant
areas by 1,200 percent and maintenance areas by 277 percent, spill. Although the problem was the integrity of the dam,
17
and although only some coal ash is stored in impoundments
(some of it is stored in landfills and coal mines, and much is
beneficially reused), the EPA is using this incident to justify its “250 to 350 coal units could be shut down
regulation of coal ash. The Agency is considering this hazardous
waste designation action, despite having issued final regulatory
as a result of coal ash regulation, which will
determinations in 1993 and 2000 concluding that CCRs do not further drive up the cost of electricity and
represent hazardous waste. hinder economic recovery.”
Under one of the two regulatory proposals that the EPA is

considering, CCRs would be regulated under Subtitle C of 14, 2011, the EPA concluded another public comment period
the Resource Conservation and Recovery Act (RCRA), which regarding a Notice of Data Availability issued on data that is
is reserved for hazardous waste. The EPA is prohibited from relevant to the rule, including chemical constituent data from
declaring CCRs to be hazardous until it “conduct[s] a detailed CCRs, current state regulatory programs, and the beneficial
and comprehensive study and submit[s] a report” to Congress uses of coal ash.29 The EPA has yet to act on this rule, but has
on the “adverse effects on human health and the environment, signaled its intention to regulate coal ash in some manner.
if any, of the disposal and utilization” of CCRs.27 This has created regulatory uncertainty in the industry,
because not only the content of the regulation is unknown
but also the timeline.
“Classifying CCRs as hazardous waste will
have significant consequences for electricity Last fall, the U.S. House of Representatives approved H.R.
generation and the robust recycling industry 2273, the Coal Residuals Reuse and Management Act,
in the United States. This translates into with broad bipartisan support. The legislation provides
an alternative to the EPA’s proposal to regulate coal ash
higher electricity rates and fewer jobs in an under RCRA, setting up a state-based, federally enforceable
already struggling economy.” program to ensure that coal ash is safely managed and
disposed of. In October 2011, Sen. John Hoeven introduced
Chairman Fred Upton of the Energy and Commerce Committee the Senate version of The Coal Residuals Reuse and
has rightfully raised questions about whether the Agency has Management Act (S. 1751), yet the bill will most likely go
the authority to unilaterally reverse course on this issue, arguing nowhere because of internal politics in the Senate and a
that “to do so…would render meaningless the statutorily possible veto from the presidential administration.
prescribed procedures Congress specifically required EPA to
follow in determining whether CCRs warrant regulation under Who Is Affected?
RCRA Subtitle C.”28 Classifying CCRs as hazardous waste will have significant
consequences for electricity generation and the robust recycling
The EPA issued its proposed rule on June 21, 2010, and held industry in the United States. This translates into higher electricity
a series of public hearings in the latter half of the year. More rates and fewer jobs in an already struggling economy.
than 400,000 comments were generated on the rule. On Nov.
18
Reclassification will risk stigmatizing the numerous beneficial will cost billions of dollars and potentially reduce electricity
APRIL 2012
uses of CCRs. From Portland cement and wallboard products to reliability for no justifiable reason. If, as is stated in numerous
kitchen cabinets and bowling balls, roughly 44 percent (more government and private studies, coal ash does not have high
than 60 million tons per year) of CCRs are beneficially recycled, levels of toxicity, then this rule will be all cost and no benefit.
which contributes to more than $2 billion in economic activity.30 As recently as May 2010, EPA Administrator Lisa Jackson
expressed concern that classifying coal ash as a hazardous
In addition to threatening the $2-billion-per-year CCR recycling material would discourage companies from recycling it for
trade, regulating any aspect of coal ash as hazardous waste economically beneficial uses.36 In fact, the EPA’s headquarters
could create enormous compliance costs and force power plant building was built with a concrete mix that includes coal ash. 37
retirements. A 2010 report by the Congressional Western Caucus If the rule is enacted as proposed, the status that coal ash now
states: the rule “would have the effect of treating coal ash like has as an economically useful byproduct will be destroyed.
nuclear waste and make it nearly impossible to operate a power
plant with coal due to the costly requirements that would go Groups including the U.S. Department of Energy, the Federal
along with such a designation.”31 Highway Administration, the Department of Agriculture, the
Electric Power Research Institute, a variety of state agencies,
Subtitle C compliance costs for electric utilities would be in the and the EPA itself have studied CCRs over the last several
conservative range of at least $55 billion to $77 billion.32 The EPA decades, and all have found that the toxicity levels in CCRs are
itself estimates the average regulatory cost, for the next 50 years, to far below criteria that would require a hazardous designation.
be almost $1.5 billion per year. Other estimates have found that the
price tag could run up to $20 billion annually.33 Bryan Hannegan, vice In addition, the EPA stated in a 2005 study that “the regulatory
president of the environmental sector for the Electric Power Research infrastructure is generally in place at the state level to ensure
Institute, sees a risk that “250 to 350 coal units could be shut down, adequate management of these wastes” and recommended
in an extreme scenario, and drive up the cost of electricity.”34 that states should continue to be the principal regulatory
authority for regulating CCRs, because they are best suited to
develop and implement CCR regulatory programs tailored to
“Compliance costs for utilities would specific climate and geological conditions designed to protect
be in the conservative range of $55 human health and the environment.
billion to $77 billion. This will be
directly passed down to Americans in Cooling Water Intake Regulation
the form of higher electricity rates.”
The EPA is considering a broad regulation that could force a
significant number of existing fossil fuel (and nuclear) power
Why Is This Unnecessary? plants to replace their once-through cooling systems with
In its own studies over the years, the EPA found that it was cooling towers, in an attempt to protect fish populations under
inappropriate to designate coal ash as a hazardous waste.35 certain situations. This is an extremely costly proposition that
By doing so now, and without the science or cost-benefit would reduce efficiency, and possibly force some plants to
analyses to back up the change, the EPA is taking action that close, for marginal benefit at best.
19
Background the EPA proposes stringent fish mortality and water intake
On April 20, 2011, the EPA published a proposed rule under velocity standards, without regard to site-specific factors that
section 316(b) of the Clean Water Act that will require changes may make the standards unachievable. The EPA requires that
in “cooling water intake structures.” The Clean Water Act’s the standards be met at all times, despite natural variability that
Section 316(b) requires that these cooling water intake would make compliance technically impossible at many sites.
structures minimize environmental effects by using the “best
technology available.” Most power plants heat water into For entrainment, the EPA proposes that state environmental
steam to turn a turbine and generate electricity, and many use agencies set site-specific standards by evaluating technology
cooling water from a water body to condense the steam back options, including closed-cycle cooling (cooling towers),
to water and repeat the process. This system is used to cool and requiring the “maximum reductions warranted” after
the vast majority of America’s coal, gas, and nuclear electricity- consideration of site-specific factors, including costs and benefits.
generating plants, as well as a wide range of manufacturing Although technologies that reduce entrainment often reduce
and industrial facilities. There are two major types of cooling impingement as well, the proposed rule does not provide for
water systems: once-through cooling, which withdraws water impingement and entrainment issues to be considered together
used to cool a condenser then returns it; and closed-cycle in a comprehensive and site-specific fashion. Moreover, under
cooling, usually in cooling towers, which circulates water to the proposal’s narrow definition of closed-cycle cooling, even
cool through evaporation. These cooling water systems are facilities that already have closed-cycle cooling will face new
vital to the operation of those facilities. impingement control requirements. Many existing recirculating
systems that were designed to rely on cooling ponds, channels,
or basins will face extensive new impingement and entrainment
“The EPA’s proposed rule will have requirements, as well. As a result, the EPA’s proposed rule will
substantial economic, energy, and have substantial economic, energy, and environmental impacts
environmental impacts on electric- on electric-generating and -manufacturing facilities nationwide,
generating and -manufacturing without providing corresponding benefits.
facilities nationwide, without providing
In 2004, national standards for impingement and entrainment
corresponding benefits.” were established, and consideration of cooling towers as the “best
technology available” was rejected because of their excessive
The proposed rule focuses primarily on two potential cooling costs. In 2007, the court remanded the rule, in part denying
water intake effects: cost-benefit analysis, and implied that cooling towers should be
• Impingement, which is the trapping of organisms against screens. deemed the “best technology available.” Two years later, the U.S.
• Entrainment, which is the passing of organisms, such as small Supreme Court decided that the EPA has discretion to use cost-
fish, eggs, and larvae, through the cooling system. benefit analysis in its regulatory rulemaking.
The EPA has indicated that it could require once-through cooling The EPA is scheduled to take final action on this rule in July 2012.
systems to shift to closed-cycle cooling towers, which would be
an extremely costly and unnecessary retrofit. For impingement,
20
Who Is Affected?
APRIL 2012
According to the North American Electric Reliability Corporation “The EPA’s cooling water intake regulation
(NERC), this rule could impact existing plants with once- could result in power plant retirements and
through cooling systems, including as many as 1,201 coal, oil
reduced electricity supply, and will very
steam, and gas steam generating units (totaling 252 gigawatts),
as well as roughly one third of all installed nuclear capacity likely lead to higher costs for Americans at a
(approximately 60 gigawatts).38 time when they can least afford them.”
The Electric Power Research Institute (EPRI) has found that the
total initial capital costs would be around $64 billion nationally,Why Is This Unnecessary?
and affect nearly 30 percent of U.S. electricity generating Beyond economic costs associated with the rulemaking,
capacity.39 According to a report by New Jersey utility PSEG, there are several other reasons for pause on any broad
“[a] requirement to install cooling towers will force power cooling water intake structure regulation. From barrier nets
plants into a retrofit-or-retire decision.”40 to fish return systems, there are a variety of alternatives
to cooling towers for reducing any adverse aquatic effects.
The NERC study found that, as a result of these decisions, this Several studies have indicated that the overall impact for
rule alone could threaten up to 41 GW and, in turn, electric fish populations as a result of once-through cooling systems
reliability throughout the country. For each plant, costs could is minimal. Furthermore, cooling towers could decrease
run several hundred million dollars (and, for nuclear plants, efficiency, increase emissions of particulate matter and
as high as $1 billion).41 The enormous capital expenditures, greenhouse gases, and expand water use.
42
combined with reliability issues, could result in substantial rate

increases for consumers. While EPA Administrator Jackson stated in a letter to Chairman
Upton that she does not favor a “one-size-fits-all federal
mandate,” close attention must be paid to whether the regulations
with which the EPA proceeds provide the necessary flexibility.
Moreover, the necessity for federal intervention in this area, as
opposed to action by the states, is questionable. As noted by
the Nuclear Energy Institute , a recent Supreme Court decision
granted the EPA broad flexibility to “allow for the states to protect
both the aquatic environment and the reliability of the electrical
grid through appropriate site-specific and cost-benefit analyses.”43
The states themselves have a longstanding practice of managing

the resources within their state, and of considering both costs
and benefits in establishing the “best technology available” as
part of their permitting duties. Many states have examined the
issue, and have considered further regulation of cooling water
intake structures to be a low priority. 21
Hydraulic Fracturing Regulation any drilling done on federal lands. The Occupational Safety and
Health Act sets standards for the safety of workers.
Hydraulic fracturing, also known as “fracking,” involves using

water pressure to break up shale formations and stimulate Moreover, because of the recent resource production boom,
the flow of natural gas or oil. Advancements in “fracking” the states themselves have assessed their own regulatory
technology and the increasing use of the practice to recover needs and have begun introducing a number of measures
previously inaccessible domestic energy resources has spurred to ensure that resources are developed in a responsible
rapid economic development in places such as Texas, North manner that balances environmental concerns with economic
Dakota, and western Pennsylvania. This development has also development. State-level action is much more appropriate
led the EPA to examine the process and potentially regulate for hydraulic fracturing, because drilling practices are
“fracking” despite already-existing regulations at the local, customized based on the unique geological characteristics in
state, and federal levels. different localities, states, and regions. The geology of energy
formations in shale can vary greatly from region to region,
Background and even from well to well in the same area. In order to
Although vast deposits of energy resources, such as oil and provide transparency to the process, a number of states have
natural gas in shale formations, have been known for some begun requiring drilling companies to disclose the contents
time, they were previously inaccessible. The process of of “fracking” fluid used in each well. “Fracking” fluids are
hydraulic fracturing and horizontal drilling is now enabling typically composed of 98 to 99 percent water, with sand as
the extraction of these resources in an economical way, and the next major ingredient and small amounts of chemicals
it has revolutionized the country’s energy outlook. As with added to protect the wellbore and improve production.
any booming energy industry, environmental activists have Although many of the ingredients are natural and common,
latched on and begun spreading misinformation regarding the some “fracking” fluids utilize trace amounts of chemicals that
environmental impacts of “fracking.” would be harmful to people if ingested in large quantities.
However, these chemicals are only present in trace amounts,
The release of the documentary Gasland created a stir about and scientific studies have yet to demonstrate a causal link
the potential for water contamination that has created between “fracking” and water contamination.
a dialogue based on fear and skepticism of the process.
Environmentalists claim that “fracking” threatens air quality Texas became the first state to enact a “fracking” fluid
and water supplies, and that there is no existing regulatory disclosure bill in 2011. Pennsylvania has followed this year in
body to ensure that damages do not occur. Both charges are a broadly supported, bipartisan comprehensive reform, and
false. Energy production through “fracking” is already subject four other states—Illinois, Indiana, New York, and Ohio—
to federal, state, and local regulations that address every have introduced versions of the bill for consideration this
aspect of “fracking” operations. The Clean Water Act regulates year. In some states, including Wyoming, the issue has been
surface-water discharges and storm-water runoff. The Clean addressed through existing regulatory programs, and in
Air Act regulates air emissions from sources associated with nearly all of the states with significant hydraulic fracturing,
drilling and production. The National Environmental Policy Act the state itself is working to make the regulatory tweaks to
requires permits and environmental impact assessments for bolster the industry while safeguarding the environment.
22
Nevertheless, the EPA and the Bureau of Land Management there has been research on how much the oil and natural gas
APRIL 2012
are pressing forward in developing federal hydraulic fracturing industry has contributed to the U.S. economy.
regulations, and although the specific content of the regulations
are not yet released, reports have indicated that the scheme will A recent report from the World Economic Forum asserts that
include numerous overlapping regulations and a requirement oil and natural gas production accounted for 9 percent of new
for hydraulic fracturing fluid disclosure. In the last State of the U.S. jobs in 2011, nearly one of every 10 new U.S. jobs created
Union address, President Obama also mentioned this intent by last year. This report found that, in 2011, 37,000 new jobs were
stating, “… I’m requiring all companies that drill for gas on public created from oil and gas resources, which, in turn, drove the
lands to disclose the chemicals they use.” creation of another 111,000 jobs related to industries that
supply the oil and natural gas industry with goods and services.
Also, the White House Office of Management and Budget has In places such as North Dakota, oil and gas production has
begun its review of updated New Source Performance Standards jump-started rapid economic development across all sectors
applicable to new and modified hydraulically fractured gas wells, to support population increases resulting from large numbers
natural gas processing facilities, and other facilities in the oil and of new high-paying jobs.
gas sector. The rule was originally proposed in August 2011, and
the standards are scheduled to be published by mid-April 2012.
Who Does This Affect?

Duplicative and unnecessary federal regulations over resource
development have proven to be a strong deterrent to
development. Hydraulic fracturing has already proven to be a
significant job creator, yet pending burdensome federal regulations
will potentially hinder the advancement of this industry.
An American Petroleum Institute report, released in February

2012, says EPA’s forthcoming New Source Performance
Standards for oil and gas production could slow hydraulic
fracturing by as much as 52 percent, lower natural gas
production by as much as 11 percent, and lower oil production
by as much as 37 percent. The report also says that federal
and state tax revenues related to drilling would be reduced by
more than $10 billion.44
Other than New Source Performance Standards regarding

“fracking” emissions, there are no firm details on EPA regulation
of hydraulic fracturing, so it is hard to determine the effect
on economic development and job creation in the states. But
23
Surprising for a technology that barely existed a decade ago, groundwater aquifers.46 In 2010, the Pennsylvania Department of
“unconventional” oil and natural gas production employs more Environmental Protection completed a report and found similar
than 1.3 million Americans. The shale gas industry alone employs conclusions, noting that “no groundwater pollution or disruption
600,000 people in the United States. An additional 400,000 are of underground sources of drinking water have been attributed
employed in the production of tight gas and coal seam gas, and to hydraulic fracturing of deep gas formations.”47 In February
another 350,000 in unconventional oil extraction.45 2012, a new study was released at the American Association for
the Advancement of Science’s annual meeting finding “no direct
Furthermore, increased access to energy reserves has led evidence that fracking itself has contaminated groundwater.”
to a sharp decline in natural gas prices. This has benefited The study, released by the University of Texas at Austin, found
household budgets immensely, because many Americans heat no need for new regulations specific to “fracking,” but for better
their homes with gas, and many electric utilities rely on gas to enforcement of existing regulations of drilling in general.
generate electricity for their customers.
Although “fracking” used to extract oil and natural gas from deep
Additional layers of regulations coming from the EPA, on shale reserves is relatively new, the process of hydraulic fracturing
top of the existing regulatory framework at the federal and has been used for decades, and there has never been any direct
state levels, will certainly add costs to the industry that will evidence that it has contaminated ground water. The University
be passed down to all Americans who use oil and gas in their of Texas study concluded, as others have found as well, that any
daily lives. In addition, it may hinder additional investment and contamination is attributable to minor flaws in well construction,
development in areas where shale resources lie. and that risk can be minimized through proper enforcement of
existing regulatory frameworks within the states.48
Ultimately, the states themselves are best poised to ensure Regarding air quality, federal, state, and local governments have
environmental protection from hydraulic fracturing processes, thoroughly tested hydraulic fracturing sites for air pollution. Test
yet it is important to debunk some of the more egregious claims results consistently show that the “fracking” process does not
from environmental groups and anti-“fracking” proponents. pose significant air pollution or health risks, and that air quality
in the immediate vicinity of “fracking” sites meets applicable air
Groundwater contamination is continuously debated as a central quality standards. One example is a study completed for the city
issue related to hydraulic fracturing, but it is important to note of Fort Worth, Texas, examining air quality around natural gas
that several layers of impermeable rock separate the oil and sites. The study “did not reveal any significant health threats.”49
gas from aquifers and groundwater. “Fracking” is done deep The Fort Worth Star-Telegram characterized that report as “the
enough below the earth’s surface—generally 5,000–20,000 feet most comprehensive study of urban gas drilling to date.”50
down—that the process itself cannot compromise the purity of
water supplies. The Groundwater Protection Council, a nonprofit Lastly, one of the issues brought up by “fracking” opponents is
organization whose members consist of state groundwater the possibility that the process causes earthquakes. In regions
regulatory agencies, conducted a report in 2008 and found that near hydraulic fracturing sites, there has been a higher frequency
the layers of impermeable rock over shale act as a barrier so of minor earthquakes, but no connection has yet been verified
that the water and chemicals used in “fracking” could not affect between “fracking” and earthquakes. Researchers have reported
24
that any connection would not be related to “fracking” itself, revisit of the standard wasn’t to occur until 2013.
APRIL 2012
but would instead be related to the practice of re-injecting used
“fracking” fluid underground near a well site.51 If any connection Despite the mandatory requirement to revisit the standard in
between recent minor earthquakes and “fracking” is found 2013, the Obama Administration decided it would make the
through further research, it can be readily addressed at the state standard more stringent even before the 2008 standard had been
level through restricting or limiting the process of re-injecting fully implemented. Under direction from the Administration, the
used fluids underground. EPA was poised to tighten ozone standards in January 2011, but
the decision was delayed to July 2011 pending review from the
Hydraulic fracturing is already transforming job markets in Office of Management and Budget. Under the new proposal, the
areas of the country that are in dire need, and it is critical EPA proposed to reduce the acceptable primary ozone level to
that the EPA reserve regulation of hydraulic fracturing for the as low as 60 ppb parts. The revision of the standard represents a
states. This will accomplish the same regulatory goals in a less unilateral attempt by the Administration to change the standard
burdensome way, while allowing for states to address any adopted by the previous Administration without doing any further
environmental concerns that are unique to them. studies or analysis. The public would be far better served if the
EPA allowed the current standard to be fully implemented, then
Ozone Regulation under the reviewed additional science as a part of the regular NAAQS review
cycle to determine whether a tightening of the standard is justified.
National Ambient Air Quality
Standards (NAAQS) Just before the new standard was to be proposed, the Administration
stepped in as numerous reports were pouring in about the
The Clean Air Act requires the EPA to set National Ambient Air incredible cost of the regulation. In September 2011, President
Quality Standards for carbon monoxide, lead, nitrogen dioxide, Obama demanded that the EPA withdraw its final rule to tighten
ozone, sulfur dioxide, and particulate matter. During the next the ozone standard until 2013, just after the presidential election.
few years, each one of these standards will be reviewed, and it
is anticipated that each one will be tightened. Ozone regulation
will be highlighted in this report, because it is one of the more “Non-attainment can mean loss of industry
damaging standards likely to be implemented in the next year. and economic development, including plant
closures; loss of federal highway and transit
Background funding; increased EPA regulation and
The NAAQS are truly the backbone of the Clean Air Act, and they drive control over permitting decisions; increased
the stringency of federal controls on pollutants. The EPA is required
to revisit the stringency of the standards every five years, but is not
costs for industrial facilities to implement
required to tighten NAAQS for any of the covered air pollutants. In more stringent controls; and increased fuel
1997, the EPA set an ozone standard of 84 parts per billion (ppb). and energy costs.” — Sen. James Inhofe and
In March 2008, the Agency promulgated a final rule lowering the Rep. Fred Upton
standard to 75 ppb, which was at odds with the recommendations
of its clean air science advisory committee. Implementation of the
2008 standard was suspended in 2009 pending further study. A full 25
Obama noted that the next mandatory review of the ozone standard Why Is It Unnecessary?
is due in 2013, and issuing a new standard now would have created Many toxicologists and physicians challenge the EPA’s scientific
regulatory uncertainty, stating, “Ultimately, I did not support asking justification for an ozone standard lower than 85 ppb. Even the
state and local governments to begin implementing a new standard former chairman of the EPA’s Scientific Advisory Committee,
that will soon be reconsidered.” Unfortunately, regulated entities Dr. Roger McClellan, in referring to the proposal of the Bush
are quite uncertain about what will happen in 2013. Administration to lower the previous ozone standard to a range
of 70 ppb to 75 ppb, called the revision “a policy judgment
Following the withdrawal of the final ozone rule, lawsuits based on a flawed and inaccurate presentation of the science,”
began on both sides. Industry has challenged the 2008 NAAQS and recommended that a range up to 80 ppb be considered.54
of 75 ppb as too stringent, while environmental groups have
filed suit challenging the standard as too weak. The proposed 60 ppb standard is so strict that even areas of
Yellowstone National Park may be naturally noncompliant. To
Who Is Affected? the extent that some areas will be affected by ozone emitted
According to an analysis by the Business Roundtable, 66 out of 736 elsewhere (even outside the United States), it may prove
monitored counties nationwide do not meet the ozone standard literally impossible to comply with the new standard.
of 75 ppb. If the EPA lowers it to 60 ppb, the estimated number of
non-attainment counties would skyrocket to 628 out of 736.52 This The EPA estimated the annual benefits of moving to a 60 ppb
means that approximately 85 percent of the nation would be in standard to be in the range of $30–87 billion. Although the
non-attainment. The Congressional Research Service (CRS) found benefit analysis itself is questionable, the cost-benefit analysis
similar results. CRS noted that the number of counties in non- of the more stringent standard still does not pencil out. Only
attainment would jump from 85 to 650. The EPA’s own analysis between 27–35 percent of the EPA’s claimed health benefits
is even worse, with a prediction that up to 96 percent of counties are attributable to reductions in ozone. On the other hand,
would be in non-attainment at the stringent 60 ppb threshold. 65–73 percent of the benefits are attributed to coincidental
reductions in fine particulate matter, which is addressed by
As a result of these non-attainment designations, the labor group another regulation entirely. 55 Using the EPA’s own cost and
Unions for Jobs and the Environment foresees “significant job benefit estimates, the 60 ppb standard could cost up to $90
losses across the country during a period of high unemployment.” billion per year for a direct benefit of $53–63 billion per year.
The EPA has estimated the costs of moving to a 60 ppb standard

to be in the range of $52–90 billion annually. Analysis by
Restrictions on Mining Permits
Manufacturers Alliance/MAPI estimates that the annual cost of The EPA is not only at war with coal-fired generation of electricity,
attaining a standard of 60 ppb would be $1.013 trillion between but also with the mining of coal. Mountaintop mining is
2020 and 2030. That is approximately 5.4 percent of the nation’s authorized by the 1977 Surface Mining Control and Reclamation
projected gross domestic product in 2020. By 2020, the analysis Act (SMCRA), and it is essential for the Appalachian coal industry.
reveals, job losses could reach 7.3 million, which represents an The process involves removing the tops of mountains to get
estimated 4.3 percent of the total work force in the country.53 at the underlying coal, and it is being attacked by the current
Administration in a number of ways. The EPA is halting already-
26
approved permits, holding back and unnecessarily delaying by state and federal officials. This number does not include the
APRIL 2012
permits, and even revoking previously issued permits. more than 200 backlogged permits that the EPA is sitting on
and not subjecting to review.56 Through stopping the issuance
Background of mining permits, the EPA has violated the Administrative
Impacts from mountaintop mining have long been regulated Procedures Act, the Clean Water Act, the National Environmental
under the Clean Water Act by the EPA, the states, and the Army Policy Act, and the Surface Mining Control and Reclamation Act.
Corps of Engineers. In order to regulate even further, the EPA The EPA has disregarded requirements under these laws for
came up with a new basis for regulation beyond the accepted public comment and formal rulemaking procedures, as well as
standards and existing regulatory framework, claiming that the extending its jurisdictional reach over state and local authorities.
states’ interpretation of “water quality” insufficiently accounts
for the threatened species of the mayfly. A single inside draft This isn’t all. The Obama Administration is poised to reinterpret
study from 2008, which found a tenuous connection between SMCRA in a move to essentially ban mountaintop mining.
water near mines and reduced mayfly populations, led the EPA SMCRA contains a “100 foot buffer rule” that prohibits mining
to believe mining is unacceptable under the Clean Water Act. In activity within 100 feet of intermittent or perennial streams,
April 2010, the EPA subverted the normal rulemaking processes unless the mine operator installs the best technology available
and issued new water quality standards. Although the EPA claims to mitigate impacts. When mining for coal, the loose dirt and
that the standards were officially “non-binding,” the Agency rock has more volume then when it was compacted. Much of
informed states that they needed to follow the new standards this is used to reconstruct the approximate original shape of
when it issues Clean Water Act permits. The EPA’s new definition the mined terrain; however, extra dirt and rock is often placed
of water quality is so stringent that EPA Administrator Lisa Jackson in the valley at the base of the mine. This is known as a valley fill,
conceded it would outlaw future mountaintop mining altogether. and it is an essential part of the mining industry in Appalachia.
To make matters worse, the EPA announced in January 2011 In the 1990s, lawsuits originating from environmental groups
that, for the first time in history, it was retroactively revoking alleged that valley fills, a byproduct of mining, violate the buffer rule.
an existing water permit. The EPA does not have the statutory The Court clearly ruled that SMCRA assumed that valley fills would
authority to do this under the Clean Water Act, and, with this be used in the mining process, and it makes no sense that SMCRA
action, it has jeopardized all similarly issued permits. The EPA’s would envision valley fills as part of the process yet also serve as
veto of the Spruce Mine No.1 in West Virginia sent shockwaves the basis to ban them.57 Every Administration since the passage of
throughout the industry, leaving significant uncertainty regarding SMCRA has interpreted the 100 foot buffer rule as not conflicting
whether other permits could be revoked, stranding investments with the construction of valley fills, as long as the best technology
and costing jobs. Now that the EPA has demonstrated that available is used. In fact, the Bush Administration undertook a
it will veto issued permits, states are obligated to adhere to a formal rulemaking to clarify the use of valley fills with the 100 feet
regulatory process under which they must follow the EPA’s buffer rule, to end the uncertainty once and for all.58 After President
new standards or risk a veto. Rep. Nick Rahall (D-West Virginia) Obama took office, the Department of Interior attempted to reverse
describes this process as “do or dare permits.” the Bush rule clarification, but a federal court intervened because
the Department had bypassed the formal rulemaking process. In
In all, the EPA has halted more than 150 permits already approved April 2010, a notice of proposed rulemaking was issued stating an
27
intent to reconsider the interpretation of the 100 feet buffer rule.29 According to the Department of Interior, the rewrite of the
Only time will tell whether the Administration decides to change stream buffer zone would eliminate 7,000 coal mining jobs, and
the interpretation or threaten coal mining across Appalachia. coal mining would decline or stay flat in more than 20 states.
Production would decrease or stay flat in 22 states, but climb
Recently, WildEarth Guardians, the Sierra Club, and other by 15 percent in North Dakota, Wyoming, and Montana. The
environmental groups, filed a lawsuit requesting that the U.S. NMA claims that even this large impact is deflated, stating that
District Court for the District of Columbia require the EPA to the rewrite “will destroy tens of thousands of coal-related jobs
respond to a petition filed in 2010, which argues that the Clean across the country from Appalachia to Alaska and Illinois to Texas
Air Act should cover coal mines as pollution sources. The EPA has with no demonstrated benefit to the environment,” and that the
acknowledged that it received the petition to add a coal mine Department’s “own analysis provides a very conservative estimate
stationary source category under the New Source Performance of jobs that will be eliminated, incomes that will be lost and state
Standards, but has yet to respond. Regulation of coal mines revenues that will be foregone at both surface and underground
under the CAA would add yet another burdensome layer of coal mining operations.”64
regulation, and the threat of regulatory change is already causing
uncertainty in the market.
Who Is Affected?
Attempts to change or alter already-existing and accepted
standards are causing significant uncertainty in mining operations
across the country. This means less investment, less economic
development, and, ultimately, fewer jobs and less tax revenue
for the states. The revocation of the Spruce No. 1 Mine resulted
in the loss of 250 jobs that paid on average $62,000 a year, but
this is just one mine.60 Gov. Steve Beshear of Kentucky called
the rejection of 11 permits that were approved by the Kentucky
Division of Water as “arbitrary and unreasonable,” citing that it
risked up to 18,000 mining jobs.61 The EPA’s actions threaten
thousands of jobs, with each coal mining job generating an
estimated 3.5 jobs elsewhere in the economy.62
There is no way to know the full impact of regulatory uncertainty,

just as there is no way to calculate how many mines would
have been developed. Even so, the National Mining Association
(NMA) has quantified how the mining industry as a whole will be
affected by the closure of coal power plants across the country.
The NMA estimates that up to 27,000 jobs could be lost, and
the industry itself could take an almost $15 billion hit.63
28
A study by ENVIRON International Corporation completed in In addition, there are numerous state agencies that thoroughly
APRIL 2012
March 2012 revealed that the proposed rewrite of the stream assess the environmental impact of mining within their state’s
buffer zone puts up to 273,000 coal-mining related jobs at risk, borders. No mining activity can even take place without a
puts up to 79,000 direct mining jobs at risk, and leads to losses of permit, and the permitting process is rigorous. It requires mining
$5 billion in annual federal and state tax revenues.65 companies to submit different types of environmental studies,
engineering reports, and land restoration and reclamation plans.
Needless to say, this will impact the thousands of families and
communities supported by mining, and the millions of Americans Changing, altering, or drastically increasing the stringency of the
who will see increases in electricity rates resulting from a reduced already well-accepted standards on mining is burdensome and
coal supply and the consequent higher prices of coal. will not lead to any appreciable environmental benefit.

The EPA claims that the coal mines would impact water quality,
Regulation of Greenhouse Gas
pointing to the results of its 2008 study finding that certain mayfliesEmissions (GHGs)
— a type of insect that is sensitive to any change in the environment
— are absent from water near mines. Yet the same EPA study cited The EPA is moving full steam ahead on regulating greenhouse gases
another report finding that “total abundance of all organisms was under the Clean Air Act. The principal human-emitted GHGs include
not substantially reduced in streams below valley fills.” carbon dioxide, methane, nitrous oxide, and fluorinated gases. The
EPA blames these gases for an increase in global temperature during
During the past 30 years, there have been a handful of reports and the past 100 years that they allege will lead to catastrophic global
environmental impact statements on the practice of mountaintop climate change. The EPA finalized first-ever rules for reducing GHG
mining. The most comprehensive was an environmental impact emissions and increasing fuel efficiency for automobiles and light-
statement co-sponsored by the Environmental Protection Agency, duty trucks in May 2010, and it added the final rule for medium- and
the Fish & Wildlife Service, the Office of Surface Mining, the U.S. heavy-duty vehicles in September 2011. Now the EPA has moved to
Army Corps of Engineers, and the state of West Virginia. implement a program of regulating GHGs from stationary sources
through two different programs.
This 5,000-page report includes 30 studies of all different aspects
of mountaintop mining. According to the report, surface mining Background
has disturbed only about 3 percent of the land in the study The cornerstone of the EPA’s regulation of greenhouse gases is the
area during the past 10 years. This area, which includes parts of published endangerment finding that emission of GHGs threatens
Virginia, West Virginia, Kentucky, and Tennessee, accounts for public health and future generations. Although the Clean Air Act
about 25 percent of the nation’s coal mining. During the 10-year does not provide for regulation of GHGs, the Supreme Court
period studied, mountaintop mining was viewed as impacting only held in Massachusetts v. EPA that the agency could pursue such
2 percent of the streams in the study area, which does not take regulations if it found them to endanger the public. President Bush
into account the numerous measures used to avoid, minimize, or declined to make this finding, but within the first year of President
mitigate impacts under the Clean Water Act.66 Obama’s tenure the EPA published the final endangerment finding
for GHGs.
29
Currently, a broad coalition of groups is challenging the approved by the EPA as a part of issuing pre-construction permits
endangerment finding in court on the grounds that the EPA under the Prevention of Significant Deterioration of air quality
violated the statutory standard that regulations not be “arbitrary (PSD) portion of New Source Review, as well as operating permits
and capricious.” Arguing that the EPA admittedly relied on suspect under Title V. The permits require sources to adopt “best available
science, they charge the agency with weaving together three control technology” to limit emissions of regulated pollutants.
highly uncertain lines of evidence — temperature records, climate The CAA triggers these permitting requirements if a source emits
models, and understanding of large-scale physical phenomena — a regulated pollutant at levels above a certain threshold, and they
to create the false sense that it could be 90 percent certain of apply only to new and substantially upgraded sources.
anthropogenic global warming. The coalition also argued that the
EPA made the endangerment finding outside of the legal context However, these requirements are uniquely unsuited for
provided by the Clean Air Act, which requires a reasonable regulation of GHGs, having been designed to regulate pollutants
approach that considers a real benefit to regulation of a pollutant, with a local or regional impact, not emissions that circulate
not merely negligible decreases in global temperature. In addition, globally in the atmosphere.
the Pacific Legal Foundation, one of the petitioners in the case,
argues that the EPA’s finding is invalid because it did not submit The CAA’s PSD and Title V permitting programs set relatively
its work for independent scrutiny by its Science Advisory Board low emissions thresholds to determine which projects must
(SAB), as required by the Clean Air Act. The SAB is a panel of top obtain permits under these programs. Those thresholds
scientists from universities, research institutions and other highly are appropriate for traditional types of pollutants because,
regarded organizations, empowered by federal law to review in general, only large industrial facilities emit traditional
any new “criteria document, standard, limitation, or regulation” pollutants above those levels. But GHGs are different. Under
that the EPA proposes to issue under the Clean Air Act. The EPA the same threshold set forth by the CAA, more than 6 million
is legally required to have the SAB review its work on greenhouse buildings and facilities do not comply. The EPA therefore
gases, and the Agency broke the law by ignoring this obligation. has had to unilaterally raise those thresholds to much
higher levels for GHGs (in its “Tailoring Rule”) to prevent
what the Agency characterizes as the “absurd result” of a
“The EPA’s claim of authority to regulate multiplicity of smaller buildings and facilities from becoming
greenhouse gases gives it an unprecedented immediately subject to permitting requirements.
ability to control virtually every facet of
The tailoring rule is currently being challenged in court as a part
American life.”
of the same combined cases involving the endangerment finding.
The court in oral arguments showed more skepticism toward the
The case is currently pending decision in the D.C. Circuit Court of tailoring rule than the other arguments advanced by the EPA, but
Appeals, although in oral arguments the justices unfortunately it remains to be seen what the practical effect would be if the rule
showed little willingness to challenge the EPA on science. were overturned in court.
The EPA’s first program for regulating GHGs began on January 2, The initial target of these programs is large industrial,
2010. The Clean Air Act requires states to implement programs electric generation, and manufacturing facilities; over time,
30
the EPA plans further rulemaking to expand the universe release that the Agency and the states had “worked closely” to
APRIL 2012
of regulated facilities. Because the economy runs on fossil implement the GHG program.
fuels, and because carbon dioxide is the inevitable byproduct
of combusting fossil fuels, the EPA’s claim of authority to This is simply not the case. Rather than cooperating with states,
regulate GHGs gives it an unprecedented ability to control the EPA rapidly and forcefully imposed a regulatory program
virtually every facet of American life. The EPA is considering for which it is not explicitly authorized under the Clean Air Act.
regulation of everything from ships and boats to planes, When states were unable to meet the federal requirements,
cars, and trucks, agricultural facilities, mining, and movable their sovereignty under the Act to implement their own air
equipment of every stripe (from forklifts to lawnmowers), quality permit programs was revoked.
as well as more regulations on manufacturing and industrial
facilities, and commercial and industrial buildings. The second track by which EPA aims to regulate GHGs is
through New Source Performance Standards (NSPS), which
In its rush to commence regulating greenhouse gas emissions limit the level of emissions for regulated pollutants by certain
by the beginning of 2011 under these two permit programs, sources. The EPA was poised to roll out GHG NSPS for both
the EPA triggered a regulatory stampede that trampled power plants and refineries by the end of 2011, although
over states’ rights and federal law requirements under the persistent delays have plagued both rules. In late December
cooperative federalism model of the Clean Air Act. The EPA 2010, the EPA announced that it had settled litigation with
promulgated no less than 11 GHG regulations in 2010, seven states and environmental groups, agreeing to propose
of them in December of that year, and six of them totaling standards for power plants in July 2011 and petroleum
more than 500 pages. refineries in December 2011. In the settlement, the EPA
committed to final rules for both types of facilities by May
Because in most cases states implement the PSD and Title 26, 2012.
V programs under plants submitted to the EPA for approval,
the Agency needed states to change the laws and regulations In January 2012, EPA Assistant Administrator for Air and Radiation
under which these programs operate to conform to the Gina McCarthy announced that the agency was close to proposing
Agency’s new GHG requirements. With time running out in NSPS for new and significantly modified power plants. At the time,
2010, the EPA actually threatened states with a construction she claimed that the regulations would be released before the end
ban for large industrial and manufacturing sources if they did of that month, but the Agency missed that deadline as well. Finally
not make the necessary law and regulatory changes on the on March 27th, the Agency released a carbon dioxide standard
EPA’s incredibly expedited schedule. for new power plants. The regulation requires that all new fossil-
fuel fired power plants that exceed 25 megawatts in capacity be
The final months of 2010 witnessed a large majority of states able to meet an emission rate standard of 1,000 pounds of carbon
galloping through rulemaking, many of which invoked emergency dioxide per megawatt hour. The EPA notes that the standards
authority to meet the EPA’s schedule, in order to avoid the could be met either by natural gas combined cycle generation
construction ban. Some states did not make it, and the EPA or coal-fired generation using carbon capture and sequestration
imposed a federal implementation plan on eight states that did (CCS) - the commercially unproven process of capturing and
not act quickly enough. Surprisingly, the EPA announced in a press storing carbon dioxide.
31
The EPA admits that it is not close to finalizing the rules for existing GHG regulation, concluding that the EPA approach would:68
sources which is the next step in the Agency’s goal to eliminate
coal-fired electricity as the regulations will most likely cause the • Reduce Gross Domestic Product every year for the next two
early retirement of power plants across the country. decades, with GDP dropping $500 billion by 2030;
• Reduce U.S. employment, culminating in the loss of 2.5 million
As for NSPS for oil refineries, EPA Administrator Lisa Jackson jobs by 2030;
announced in early March 2012 that there are no such • Reduce U.S. household incomes, with average household
rules under development, and it appears that the issue has income dropping by about $1,200 annually by 2030;
been punted until after the November elections. Rising gas • Increase U.S. energy costs, with increases of 50 percent for
prices made the refinery rule an obvious tool for President gasoline and residential electricity prices, 75 percent for
Obama to show that he is willing to slow down the regulatory industrial electricity prices and residential natural gas prices,
onslaught. The original settlement set a goal of December and 600 percent for electric utility coal prices.
2011 and a deadline of May 2012, so the parties will now
begin negotiating a new settlement with a new timeline for The Heritage Center for Data Analysis found that regulation of
eventually implementing the rule. GHGs from all sources under the Clean Air Act (in other words, if
the EPA is wrong and the tailoring rule is shot down by the court)
would result in: cumulative GDP losses of $7 trillion by 2029; single-
“Greenhouse gas regulations will increase year GDP losses exceeding $600 billion; and annual job losses of
U.S. energy costs, with increases of 50 800,000 or more for several years.
percent for gasoline and residential
electricity prices, 75 percent for industrial Why Is This Unnecessary?
electricity prices and residential natural The recently released carbon dioxide standard for new power
gas prices, and 600 percent for electric plants is a perfect example of how politically favored policies
can be disguised as providing real health benefits. Although
utility coal prices.” the purpose of a regulation is to protect human health, the
EPA did not attempt to calculate health benefits of reducing
Who Is Affected? carbon dioxide as an alleged “pollutant.” In order to justify
If the tailoring rule stands through court scrutiny, the EPA plans each proposed regulation in terms of a cost benefit analysis, the
to regulate both mobile sources and major stationary sources of EPA conducts a regulatory impact analysis (RIA). In the carbon
GHGs. This will mean that anything using or requiring energy to be dioxide RIA, the EPA clearly shows that its agenda is politically-
produced will increase in cost. motivated rather than based on health benefits:
The EPA failed to study the overall cost of its GHG regulations, but “ This proposed rule is consistent with the President’s goal
estimates from a variety of perspectives suggest a substantial to ensure that ‘by 2035 we will generate 80 percent of
price tag. our electricity from a diverse set of clean energy sources
- including renewable energy sources like wind, solar,
Dr. Roger Bezdek of the economic research firm Management biomass and hydropower, nuclear power, efficient natural
32 Information Services, Inc., compiled a variety of analyses on gas, and clean coal.”
Putting aside the issue that there are no direct human health benefits of is already accomplishing the goal of greenhouse gas reduction:
APRIL 2012
reducing GHGs, three major reasons suggest that, even if things go according carbon dioxide emissions per dollar of GDP declined in the
to EPA plans, the impact on GHG emissions will be minimal. U.S. by 41.3 percent from 1981 to 2005, and are expected
to decline by another 42 percent through 2035. The growth
First, the EPA admits that its CAA requirements will achieve at best a 5 in global energy demand will be 65 percent lower through
percent reduction in U.S. GHGs — a drop in the global climate bucket. 2030 than it would have been without these innovations.
The EPA’s Federal Register entry accompanying the rule regulating These improvements were prompted not by an unnecessary
GHG emissions from new cars and light-duty trucks found that: “[G] regulatory scheme that achieves only negligible results, but
lobal mean temperature is estimated to be reduced by 0.006 to 0.015 by market demand for energy efficiency.
[degrees] C by 2100… and sea-level rise is projected to be reduced
by approximately 0.06 – 0.14 cm by 2100.” As the minority staff of Essentially, EPA regulation of GHGs is all cost and no benefit and
the Senate Environment and Public Works Committee notes, “[t]his it is being used as a political tool to advance the Administration’s
amount is so miniscule it can’t even be measured by a ground-based goal of forcing Americans to purchase renewable energy.
thermometer.”
Second, the growing and unmitigated emissions by developing countries JOB LOSSES DUE TO GREENHOUSE
will overwhelm even the most severe unilateral GHG reductions. U.S. GAS REGULATION
emissions are likely to remain relatively flat, while developing country
LEGISLATION
emissions will grow exponentially over the next century (further ANALYZED YEAR OF FEWER
compounded by the fact that China’s faster growth of electricity STUDY (PROXY FOR IMPACT JOBS
EPA GHG
demand comes from more than 70 percent coal-fired generation). Even REGULATION)
the EPA’s own analysis concludes that unilateral American reduction in
GHGs has a negligible impact on atmospheric concentrations. Energy Information H.R. 2454 2030 2.3 Million
Administration
Third, there is a significant risk that carbon leakage (in which energy- National Black
Chamber of H.R. 2454 2050 3.6 Million
intensive industries shift production overseas to avoid costly regulation) will Commerce
wipe out even the modest effect estimated by the EPA.
National Association
of Manufacturers/ H.R. 2454 2030 2.44 Million
Also, according to the U.S. Energy Information Administration, ACCF
greenhouse gas regulation may not even be necessary as U.S. carbon
Heritage Foundation H.R. 2454 2035 2.5 Million
dioxide emissions continue to track lower than levels during 2000.
The newest data rebut assertions that the EPA needs to impose strict
Institute for Energy Kerry/Leiberman
greenhouse gas emissions. Research American Power 2050 5.1 Million
Act
As standards of living rise worldwide, global demand for energy is

ACCF/Small Business Kerry/Leiberman Up to 1.9
expected to continue rising over the next few decades. Yet technological & Entrepreneurship American Power 2030 Million
improvements have led to a dramatic increase in energy efficiency that Council Act
33
ECONOMY DERAILED:
STATE-BY-STATE IMPACT PROFILES

The state impact profiles highlight just a few of the impacts It is important to note that none of the increase in electricity
of the EPA regulations described in the preceding section. rates for the state impact profiles incorporates the cost
Ultimately, the economic impact of numerous overlapping associated with regulation of greenhouse gases. Estimates
stringent regulations on the energy industry will cause for electricity price increases resulting from greenhouse gas
damage in all sectors of state economies. The top 10 states regulations vary, yet all show significant increases. The Heritage
impacted by the EPA, according to highest potential job loss, Foundation predicts that GHG regulation (through cap-and-trade
are Illinois, West Virginia, Ohio, Alabama, Michigan, Indiana, regulations) would increase residential electricity rates by 90
Pennsylvania, Tennessee, Kentucky, and North Carolina. percent.72 Management Information Services, Inc., an economic
research firm, estimates a 50 percent increase for residential
Electricity Impacts electricity prices and a 600 percent increase for electric utility
coal prices.
The state’s average retail price for electricity is correlated
with the type of energy used to generate electricity. Larger “... if somebody wants to build a coal power
percentages of coal in a state’s generation mix equates to lower
rates. The 16 states that rely on coal for a small percentage
plant, they can. It’s just that it will bankrupt
of their electricity generation paid 30 percent more than the them because they’re going to be charged a
national average price for electricity. The 34 states that used huge sum for all the greenhouse gas that’s
more coal paid 17 percent less than average.69 Unfortunately, being emitted.” — Barack Obama
the vast majority of the EPA regulations proposed are
specifically designed to make coal-generated electricity more
expensive or, as President Obama has stated to be his goal, In addition, the effect of increasing electricity prices on the
not economically feasible at all. transportation sector of the economy is not incorporated in
the state impact profiles. Not only will the refining of oil into
The expected increase in electricity rates comes from a variety gasoline increase in cost because of greenhouse gas regulations,
of sources. Electric utilities have begun releasing estimates on but the major input cost for refineries happens to be energy.
the increase in electricity rates resulting from a number of EPA Nearly half of a refinery’s operating costs (43 percent) are for
regulations.70 Also, a National Economic Research Associates, energy.73 Research shows that six kilowatt hours of electricity
Inc., study completed in September 2011 estimated increases is needed to produce one gallon of gasoline,74 which means
in electricity rates resulting from the Cross-State Air Pollution that the price of electricity has a significant effect on the price
Rule, the Utility MACT, the regulation of coal combustion of gasoline. The reliability of electricity also plays a role. For a
residues, and cooling water intake regulations.71 specific example, the Energy Information Administration notes
34
that up to 27 percent of California refining capacity could be
APRIL 2012
“expected to be forced to shut down completely” during rotating
power shortages.75 Given that the EPA regulations are expected
to cut electricity supply and increase rates, it is certain that the
regulatory onslaught will increase the cost of supplying gasoline
to American consumers.
“Under my plan of a cap and trade system,
electricity rates would necessarily skyrocket
…” — Barack Obama
Every one of the power plant retirements detailed in the

state impact profiles are the result of EPA regulations. The
list is derived from three sources. One is the EPA’s modeling,
which identifies the power plants that will close as a result of
either the Cross-State Air Pollution Rule or the Utility MACT.
Another is culled from press releases or news stories in which
a power plant operator states that a power plant will or is
likely to close because of EPA regulations. The final source
comes from filings with state public utility commissions in
which a power plant operator states that a power plant will
or is likely to close because of EPA regulations.
The total job losses are derived from two different studies, The total estimated electricity capacity likely to be retired
depending upon the state. A study completed by McIlvaine because of EPA regulations is derived from the National
Company for the National Mining Association estimated Mining Association study, as well. This study provided three
specific job losses in the power sector resulting from the scenarios: a best-case scenario, a most-likely scenario, and
Utility MACT, the Cross-State Air Pollution Rule, cooling a worst-case scenario. The most-likely scenario was used for
water intake regulation, and coal combustion residual the state impact profiles, and the calculation of the number
regulations that are causing coal-fired power plants to of homes that the retired capacity could power was based
retire.76 In addition, a study completed by the Unions for the average U.S. household electricity use.78
Jobs and the Environment (UJAE) assessed the figure for
both direct and indirect job losses associated with power Mining Impacts
plant closures.77 The UJAE estimates that more than 50,000
direct jobs in the coal, utility, and rail industries will be lost, The state impact profiles show only impacts on the mining
with a total job loss — including indirect jobs — of 251,300. sector that result from power plant closures. As power plants
35
and, thus, electric utilities begin using less coal, less coal The study revealed significant negative impacts on state
is mined and communities that were previously supported economies resulting from this regulation. For every $1 billion
by these endeavors begin to fall apart. The result is a loss spent on upgrade and compliance costs, the regulation
of jobs, economic development, and state government will put 16,000 jobs at risk and reduce U.S. gross domestic
revenues. For a specific example, Alpha Natural Resources, a product by as much as $1.2 billion. The “total jobs at risk”
major Appalachian coal producer, announced plans on Feb. figure used in the state impact profiles is the number of jobs
3, 2012, to lower coal production because demand for coal potentially “at risk” of being eliminated as a consequence of
by utilities is dropping. Altogether, 10 mining operations are compliance with the Boiler MACT.
affected, four in eastern Kentucky and six in southern West
Virginia, reducing annual coal production by approximately
4 million tons.79
The state profiles that contain impacts on the mining sector

are derived from the National Mining Association study.
TOP 10 STATES IMPACTED
The authors of study assess the origin and destination of BY THE EPA
coal to power specific plants that are being retired, and
estimate the impact on the mining sector resulting from
the decrease in coal usage from these retirements. For the
most-likely scenario, nearly 20,000 coal mining jobs will be
lost as a result of power plant retirements, more than 300
million tons will not be mined, and the coal industry itself 5
will lose almost $11 billion. This impacts the standard of
living of families and communities supported by mining, as 7
well as the millions of Americans that rely on affordable and 6 3
reliable coal-generated electricity. 1
2
Boiler Regulation Impacts 9
8 10
The Boiler MACT Rule affects a number of facilities across
the country. One of the major industries affected by the
Boiler MACT is the forest and paper industry, which often
uses boilers to generate electricity for its facilities. 4
The data for impacts on the forest product industry and

the overall economy originates from a study by IHS Global
Insight, an economic forecasting firm that specializes in
economic impacts on national, state, and local economies. 80
36
ALABAMA RANK: #4 WORST HIT BY THE EPA
ARIZONA
APRIL 2012
“The EPA continues to issue job-killing regulations that harm our economy. I am proud to “As the stewards of our states’ natural resources, we share the
stand with other state attorneys general to push back against the continued onslaught of
burdensome new federal rules and regulations flowing from Washington, D.C.”
broad goals of the EPA to protect our air and water. However,
— Luther Strange, Alabama Attorney General we wish to express our strong concerns over the contents and
timing of many of the recently adopted and pending regulations,
“Some proposed regulations pending in Washington could result in significant cost increases
for our customers — many of whom are already having trouble making ends meet in a tough which together could seriously impact energy supply, reliability,
economy. These cost increases could also hurt business and industry, and hurt their ability to
create or retain jobs in Alabama.” — Michael Sznajderman, Alabama Power spokesman
and affordability for the residents, small businesses, and
manufacturers in our states and across the country.” — Janice
ELECTRICITY IMPACTS Total job loss (direct & indirect): K. Brewer, Governor of Arizona, signer of a governors’ coalition
Average Retail Electricity Price: 18,832 letter opposing EPA overreach
8.98 cents per Kwh Expected increase in electricity rates:
Percentage of Electricity Derived from Coal: 8.2%–14% ELECTRICITY IMPACTS Total job loss (direct & indirect):
41% Average Retail Electricity Price: 572

Total estimated electricity capacity likely to be retired:
5,324 megawatts
Percentage of Electricity Derived from Coal:
1.6%
This represents enough energy to power almost 4 million homes. 39%
MINING IMPACTS Coal industry potential 676.3 megawatts
Coal tons lost per year: Coal industry lost revenue: job loss: This represents enough energy to power more than 500,000 homes.
6,910,190 $478,420,000 1,745
MINING IMPACTS Coal industry potential
BOILER MACT REGULATION IMPACTS Coal tons lost per year: Coal industry lost revenue: job loss:
IMPACT ON THE FOREST PRODUCTS INDUSTRY 2,592,250 $91,610,000 174
Number of boilers affected: Total capital costs:
51 $468,394,778 BOILER MACT REGULATION IMPACTS

Overall Impact Number of boilers
affected: Total capital costs: Total jobs at risk:
Number of boilers affected: Total jobs at risk: Total capital costs:
61 7,943 $544,618,932 2 $23,532,103 345
Potential and Announced Power Plant Closures Potential and Announced Power Plant Closures
Power Plant Name Fuel Type Year of Closure Power Plant Name Fuel Type Year of Closure
Colbert Coal 2015 Navajo Coal 2015

37
ARKANSAS CALIFORNIA
“At a time when the unemployment rate remains alarmingly high, the Administration seems
determined to impose overly burdensome regulations at the expense of Arkansas jobs. It’s “Regulations such as the Boiler MACT could raise compliance
estimated that the EPA’s Boiler MACT rules, as written, could cost Arkansas’s economy over costs, take away billions of dollars in capital annually and
$338 million and put more than 5,400 Arkansans out of work.”
— Arkansas Congressman Tim Griffin put hundreds of thousands of jobs at risk. It is essential that
we reform this regulation in order to protect the quality
of our environment, but also prevent overburdening small
ELECTRICITY IMPACTS Total job loss in power sector:
businesses with new compliance costs.”
Average Retail Electricity Price: 388 — Representative Kevin McCarthy, California House Majority Whip
19–23% ELECTRICITY IMPACTS
46% Expected increase in electricity rates:
Total estimated electricity capacity likely to be retired: Average Retail Electricity Price: 1.6%–5%
2,158 megawatts
13.81 cents per Kwh Percentage of Electricity Derived from Coal:
This represents enough energy to power more than 1.6 million homes.
1%
BOILER MACT REGULATION IMPACTS
IMPACT ON THE FOREST PRODUCTS INDUSTRY
Number of boilers
39 $297,281,774 affected: Total capital costs: Total jobs at risk:
18 $69,016,238 1,104
Overall Impact
Number of boilers affected: Total jobs at risk:
42 3,684 Potential and Announced Power Plant Closures
Power Plant Name Fuel Type Year of Closure

Total capital costs:
$338,482,280 BP Wilmington Petroleum

Coke
2015
Calciner
Petroleum
Rio Bravo Poso 2015
Potential and Announced Power Plant Closures Coke
Fuel Type Rio Bravo Jasmin Coal Pending

Power Plant Name Year of Closure
Welsh 2 Coal 2014 ACE Cogeneration Facility Coal Pending
38
COLORADO CONNECTICUT
APRIL 2012
“The compliance cost for these Clean Air Act programs would be
“It’s devastating for the town. They’ve been a longtime good
overwhelming as millions of entities, including farms and ranches would be
subject to burdensome CAA regulations ... the high costs of this regulation, neighbor. It’s not only the tax revenue, but they’ve created a lot of
the unidentified environmental benefits, and the ongoing effort in Congress jobs.” — Ronald K. McDaniel Jr., Mayor of Montville Connecticut,
regarding the AES Thames coal plant shutdown resulting from
to decide this issue argues strongly for Congress to use its authority under
the Congressional Review Act to intervene in this matter.” “unexpected market conditions” and “regulatory uncertainties”
— Alan Foutz, Colorado Farm Bureau
“The cumulative potential impact of both retrofits and retirements
“Much like last year’s failed cap and trade bill would have done, EPA
regulations are driving up the cost of energy and forcing American jobs
on reliability is troubling. The possibility of regional reliability
overseas. To be clear, my colleagues and I care deeply about the quality of problems is high if a substantial number of coal-fired power plants
our air and water. But the EPA is attempting to regulate greenhouse gasses go out of service for extended periods of time in the same time
with no consideration for the economic consequences. Now is not the time frame to either accomplish the retrofits required to comply with
to impose new costs on American businesses trying to create jobs.” the EPA requirements, or to replace the plant with a new natural
— Colorado Congressmen Cory Gardner gas-fired plant.” — American Public Power Association (APPA),
eight Connecticut public utilities are APPA members
ELECTRICITY IMPACTS Total job loss in power sector:
Average Retail Electricity Price: 4,736 ELECTRICITY IMPACTS Total job loss (direct & indirect):
9.18 cents per Kwh Expected increase in electricity rates: Average Retail Electricity Price: 1,526
1.5-11% 17.39 cents per Kwh
Expected increase in electricity rates:
68% Percentage of Electricity Derived from Coal:
2.2%–5%
Total estimated electricity capacity likely to be retired: 8%
464 megawatts Total estimated electricity capacity likely to be retired:
This represents enough energy to power more than 300,000 million homes.
399.5 megawatts
This represents enough energy to power more than 300,000 homes.
MINING IMPACTS Coal industry potential Aes thames co-generation plant 181 mw shut down last year, with a
Coal tons lost per year: Coal industry lost revenue: job loss: loss of 43 jobs.
1,881,000 $63,980,000 143
Estimated loss in tax revenue because of thames plant closure:
more than $1.2 Million
Number of boilers BOILER MACT REGULATION IMPACTS
affected: Total capital costs: Total jobs at risk: Number of boilers
5 $73,282,889 1,173 affected: Total capital costs: Total jobs at risk:
13 $122,190,754 1,747 39
DELAWARE FLORIDA
“AMP urges EPA to withdraw the Utility MACT rule as proposed “The problems inherent in regulating GHGs under the CAA are so profound that
and to conduct a thorough analysis of the specific regional and we believe EPA must decide against making an endangerment finding at this time
electricity market impacts associated with this rulemaking … only and delay regulation because regulation of GHGs will overwhelm the Agency
and state environmental agencies to the point where they cannot carry out their
then will EPA have a complete picture of the negative impact that
other responsibilities under the Act.” — Florida Municipal Electric Association
these rules will comprehensively have on the nation’s economy and
recovery.”— Delaware Municipal Electric Corporation (American
Municipal Power, Inc.) ELECTRICITY IMPACTS Total job loss (direct & indirect):
Average Retail Electricity Price: 2,695

“… Delaware’s high cost of electricity is costing approximately 10.64 cents per Kwh Expected increase in electricity rates:
$500 per home per year in higher energy costs … employers Percentage of Electricity Derived from Coal:
3.9%–5%
leave the State or decide not to locate in Delaware due to its 26%
50% higher electricity costs …” — Delaware House Bill 86, 146th Total estimated electricity capacity likely to be retired:
General Assembly 1,703 megawatts
ELECTRICITY IMPACTS Total job loss (direct & indirect): Lost manufacturing output by 2015: Lost state and local government revenues by 2015:
Average Retail Electricity Price: 1,368 $1,300,000,000 $2,100,000,000
11.99 cents per Kwh
10.7% BOILER MACT REGULATION IMPACTS
46% IMPACT ON THE FOREST PRODUCTS INDUSTRY
82 megawatts
17 $146,217,277
Overall Impact
Number of boilers 36 3,602 $365,498,920
3 $18,258,898 292 Potential and Announced Power Plant Closures
Potential and Announced Power Plant Closures Power Plant Name Fuel Type Year of Closure
Northside Petroleum Coke 2015

Scholz Coal 2015
Indian River Power Station Coal 2013 Crystal River Coal 2020
40
GEORGIA IDAHO
APRIL 2012
“The cumulative impact of EPA’s regulatory actions, resulting in a reduction
of domestic energy supply and higher energy prices, could force the U.S. to
“Allowing any federal agency to unilaterally move forward on
rely even more heavily on foreign energy which can potentially stifle our issues of this magnitude not only allows politics to drive policy
fragile economic recovery.”— Nathan Deal, Governor of Georgia, signer of decisions; it locks out the voices of Idahoans, Americans and
a governors’ coalition letter opposing EPA overreach their elected representatives in Congress ... Such an important
debate as climate change, and the potential to drive up costs on
ELECTRICITY IMPACTS Total job loss (direct & indirect): consumers and small businesses, should not be left in the hands
Average Retail Electricity Price: 5,460 of Washington, D.C., bureaucrats” — Idaho Sen. Mike Crapo
8.99 cents per Kwh
“(The) EPA is not equipped to consider the very real potential
8.2%–10% for economic harm when regulating emissions. Without that
53%
consideration, regulation will place heavy administrative
burdens on state environmental quality agencies, will be costly
1629.1 megawatts
to consumers and could be devastating to the economy and
This represents enough energy to power more than 1.2 Million homes.
jobs.” — C.L. “Butch” Otter, Governor of Idaho
BOILER MACT REGULATION IMPACTS Percentage of Electricity Derived from Coal:

ELECTRICITY IMPACTS
Average Retail Electricity Price: 1%
6.54 cents per Kwh
45 $371,162,554 Expected increase in electricity rates:
0.1%–5%
Overall Impact
6,363 BOILER MACT REGULATION IMPACTS
51
$399,225,204 7 $13,495,337
Overall Impact
Potential and Announced Power Plant Closures
20 1,272
Harllee Branch 1 Coal 2013 Total capital costs:
Harllee Branch 2 Coal 2013

$98,248,045
41
ILLINOIS RANK: #1 WORST HIT BY THE EPA
INDIANA RANK: #6 WORST HIT BY THE EPA
“First, any costs incurred by utilities, refiners, manufacturers and other large emitters to comply “We believe the EPA’s proposed rules harm domestic energy production and are hostile to the
with GHG regulatory requirements will be passed on to the consumers of those products, Administration’s stated goals of creating jobs, improving the regulatory process, and increasing
including farmers and ranchers … As a result, our nation’s farmers and ranchers will have our nation’s energy security.” — Mitch Daniels, Governor of Indiana, signer of a governors’
higher input costs, namely fuel and energy costs, to grow food, fiber and fuel for our nation and coalition letter opposing EPA overreach
the world.” — Philip Nelson, President of the Illinois Farm Bureau.
ELECTRICITY IMPACTS Total job loss (direct & indirect):

Average Retail Electricity Price: 28,899 7.75 cents per Kwh
Expected increase in electricity rates: Percentage of Electricity Derived from Coal:
8.6–30%
7.8%–18% 90%
47% Total estimated electricity capacity likely to be retired:
6,863.5 megawatts
8,003.5 megawatts This represents enough energy to power more than 5 million homes.
This represents enough energy to power more than 6 million homes.
Lost manufacturing output by 2015: Lost state and local government revenues by 2015:
$1,500,000,000 $1,100,000,000
$1,800,000,000 $2,100,000,000
MINING IMPACTS MINING IMPACTS
Coal industry
Coal industry Coal tons lost per year: Coal industry lost revenue: potential job loss:
Coal tons lost per year: Coal industry lost revenue: potential job loss:
1,236,680 $47,680,000 149 6,407,370 $244,330,000 766
BOILER MACT REGULATION IMPACTS BOILER MACT REGULATION IMPACTS

Number of boilers Number of boilers
affected: Total capital costs: Total jobs at risk: affected: Total capital costs: Total jobs at risk:
53 $464,824,188 9,334 82 $1,023,776,776 12,712
Potential and Announced Power Plant Closures Potential and Announced Power Plant Closures
Power Plant Name Fuel Type Year of Closure Fuel Type

Power Plant Name Year of Closure
Meredosia Coal/oil 2012
Tanners Creek Coal 2014
Hutsonville Coal 2012
Wabash River Coal 2014
Marion Coal 2014
State Line Coal 2015
Dallman Coal 2015
Abbot Coal 2017 R Gallagher Coal Pending
42
IOWA KANSAS
APRIL 2012
“Because we are consumer-owned power systems, costs imposed by EPA must be passed on “We believe the EPA’s proposed rules harm domestic energy production and
directly to our consumers. We have no shareholders who will earn a rate of return on the capital
investments that will be mandated in order to comply with EPA requirements. Moreover, many are hostile to the Administration’s stated goals of creating jobs, improving the
of our communities contain disproportionate shares of low income consumers and elderly on regulatory process, and increasing our nation’s energy security.” — Kansas
fixed incomes.” — Robert Haug, Iowa Association of Municipal Utilities House Resolution opposing the Environmental Protection Agency’s
regulatory train wreck
Total job loss (direct & indirect):
ELECTRICITY IMPACTS
Average Retail Electricity Price: 5,607 “The speed of EPA regulatory action prevents careful consideration of the
impacts. The expectation that the power sector may comply with new
requirements in as few as three years is simply not realistic given our operating
7.8%–32% experience with the lead times necessary to develop and acquire the required
72% hardware for compliance.” — Colin Hansen, Kansas Municipal Utilities

4,391.5 megawatts ELECTRICITY IMPACTS Total job loss (direct & indirect):
8.23 cents per Kwh
8%–15%
IMPACT ON THE FOREST PRODUCTS INDUSTRY 67%
Number of boilers affected: Total capital costs: Total estimated electricity capacity likely to be retired:
5 $46,197,293 1,745.2 megawatts

Overall Impact
Number of boilers affected: Total jobs at risk: Total capital costs BOILER MACT REGULATION IMPACTS
51 7,667 $489,971,530 Number of boilers

7 $78,652,329 1,146
Dubuque Coal 2015
Earl F. Wisdom Coal 2015 Power Plant Name Fuel Type Year of Closure
Prairie Creek Coal Pending
Riverton Coal 2014
Burlington Coal Pending
Milton L Kapp Coal Pending Lawrence Energy Center Coal 2015
Sutherland Coal Pending Tecumseh Energy Center Coal 2015

43
KENTUCKY RANK: #9 WORST HIT BY THE EPA
LOUISIANA
“Coal is not only a vital national resource, but coal mining also supports thousands of Kentucky “The cumulative impact of EPA’s regulatory actions, resulting in a reduction of domestic
families ... It’s time for the EPA to end these unpredictable policy swings and work with us on a energy supply and higher energy prices, could force the U.S. to rely even more heavily on
reasonable policy that protects our families.” — Steve Beshear, Governor of Kentucky foreign energy which can potentially stifle our fragile economic recovery. Additionally, EPA’s
actions are adding to already overburdened state resources and are limiting the ability
of states to administer their own, effective environmental programs and further slow the
Total job loss (direct & indirect):
ELECTRICITY IMPACTS nation’s economic recovery.” — Bobby Jindal, Governor of Louisiana, signer of a governors’
Average Retail Electricity Price: 12,521 coalition letter opposing EPA overreach
6.75 cents per Kwh Expected increase in electricity rates: ELECTRICITY IMPACTS Total job loss in the power sector:
13.5% 238
93% Average Retail Electricity Price:
7.77 cents per Kwh
Total estimated electricity capacity likely to be retired: Expected increase in electricity rates:
4,704.3 megawatts. This represents enough energy to power more than 3.6 million homes.
7.2%–23%
23%
MINING IMPACTS
Coal tons lost per year: Coal industry lost revenue:
Coal industry
potential job loss:
1,324 megawatts
32,709,700 $1,964,580,000 6,245
BOILER MACT REGULATION IMPACTS MINING IMPACTS
Coal industry
IMPACT ON THE FOREST PRODUCTS INDUSTRY Coal tons lost per year: Coal industry lost revenue: potential job loss:
Number of boilers affected: Total capital costs: 3,640,150 $98,040,000 272
6 $13,872,185
Overall Impact BOILER MACT REGULATION IMPACTS
26 2,806 $183,140,546 IMPACT ON THE FOREST PRODUCTS INDUSTRY

25 $279,045,236
Power Plant Name Fuel Type Year of Closure Overall Impact

Robert A. Reid Coal 2014
Dale Coal 2014 31 4,021 $345,665,237
Big Sandy Coal 2014
D.B. Wilson Coal 2015
Cane Run Coal 2016 Potential and Announced Power Plant Closure
Green River Coal 2016 Power Plant Name Fuel Type Year of Closure
Tyrone Coal 2016
44 Nelson Petroleum coke 2015
Shawnee Coal Pending
MAINE MARYLAND
APRIL 2012
“Maine has previously adopted numerous regulatory and policy “The EPA fails to analyze and communicate scientific uncertainties,
requirements that exceed federal standards, putting Maine mills at refuses to make key scientific data publicly available, and short-changes
a competitive disadvantage…MPPA is very concerned that recently the peer review process. In short, the Administration’s political agenda
proposed air emission rules from the EPA will cripple the U.S. paper aims to frighten Americans into supporting a regulatory agenda
industry. The ‘Boiler MACT’ rules would cost Maine mills in excess against affordable energy, while science and objective analysis takes
of $300 million, with limited environmental benefit.” — Maine Pulp a backseat.” — Andy Harris, Congressman from Maryland
and Paper Association
“The price of electricity may not be the only victim—reliability of
“At a time when millions of Americans are out of work and the bulk power system may also suffer. As plants are retired, the
manufacturers are struggling to retain jobs, it simply does not make generation capacity to meet the demand for electricity will be
sense for Washington to swamp businesses in red tape and new reduced, and so will the reserves available to back up plants that
regulations. Doing so would only create further uncertainty, making experience outages during the course of a year. Without sufficient
it impossible for them to plan, grow, and add jobs. I am particularly back-up, the likelihood that demand will exceed the available supply
concerned with onerous new rules proposed by the Environmental (especially in times of peak usage) becomes more real.” — Southern
Protection Agency (EPA) that would impose billions of dollars of new Maryland Electric Cooperative
costs on mills that use biomass for energy. Nationwide, the new boiler
rules could jeopardize thousands of manufacturing jobs, particularly ELECTRICITY IMPACTS Total job loss (direct & indirect):
in the forest products industry, which is the economic backbone of Average Retail Electricity Price: 3,738
many rural areas here in Maine.” — Senator Susan Collins
ELECTRICITY IMPACTS
10.7%
54%
Average Retail Electricity Price: Expected increase in electricity rates: Total estimated electricity capacity likely to be retired:
12.71 cents per Kwh 2.2%–5% 1,161.5 megawatts
Percentage of Electricity Derived from Coal: This represents enough energy to power more than 850,000 homes.
1%
IMPACT ON THE FOREST PRODUCTS INDUSTRY 13 3,135 $195,929,256
24 $280,178,777 Potential and Announced Power Plant Closures
Overall Impact Power Plant Name Fuel Type Year of Closure

Coal
39 4,355 $365,590,686
R. Paul Smith 2015
45
MASSACHUSETTS MICHIGAN RANK: #5 WORST HIT BY THE EPA
“The resolutions call on Congress to stop the EPA from issuing burdensome rules known
“Well, I’m looking out for jobs and jobs in Massachusetts and as the train wreck that will, in the words of the American Legislative Exchange Council,
throughout the country. And to give a non-governmental agency the dramatically increase energy costs, causing enormous negative impact to jobs and the
economy, irreparable damage to the competitiveness of businesses, and trample on the
ability to regulate the way that they have the potential to, they can rights of states in the process.” — State Sen. Casperson regarding the vote on the resolutions
regulate churches and restaurants and drop it all the way down from opposing the EPA from regulating greenhouse gases
the big emitters to the very smallest emitters and it’s not appropriate.
And, you know, we in Congress should continue to work on this issue ELECTRICITY IMPACTS Total job loss (direct & indirect):
and have the authority to do just that.” — Senator Scott Brown
ELECTRICITY IMPACTS Total job loss (direct & indirect): Percentage of Electricity Derived from Coal:
19-30%
Average Retail Electricity Price: 4,515 59%
14.53 cents per Kwh Expected increase in electricity rates: Total estimated electricity capacity likely to be retired:
2.2%–5% 6,554.5 megawatts
20% This represents enough energy to power more than 5 million homes.
Total estimated electricity capacity likely to be retired: Lost manufacturing output by 2015: Lost state and local government revenues by 2015:
163.9 megawatts $1,900,000,000 $1,700,000,000


BOILER MACT REGULATION IMPACTS IMPACT ON THE FOREST PRODUCTS INDUSTRY
IMPACT ON THE FOREST PRODUCTS INDUSTRY Number of boilers affected: Total capital costs:
Number of boilers affected: Total capital costs: 16 $213,383,489

24 $30,875,604
Overall Impact
Overall Impact Number of boilers affected: Total jobs at risk: Total capital costs:
Number of boilers affected: Total jobs at risk: Total capital costs: 84 12,821 $801,314,219
39 2,400 $119,941,780
Potential and Announced Power Plant Closures Power Plant Name Fuel Type Year of Closure
Power Plant Name Fuel Type Year of Closure Endicott Station Coal 2014
Brayton Point Coal 2014 James De Young Coal 2014
Salem Harbor Coal 2014 Eckert Station Coal 2015

46
MINNESOTA MISSISSIPPI
APRIL 2012
“EPA is not equipped to consider the very real potential for economic “This is a regulatory scheme that will impact the entire economy
harm when regulating emissions. Without that consideration, without having any significant impact on global greenhouse gas
regulation will place heavy administrative burdens on state levels. This is unconscionable. The Obama Administration should
be focused on creating more and cheaper American energy in
environmental quality agencies, will be costly to consumers and
could be devastating to the economy and jobs.” — Tim Pawlenty, all forms, not on heavy-handed regulation that will drive away
Former Governor of Minnesota, signer of a governors’ coalition American jobs.” — Haley Barbour, Governor of Mississippi
letter opposing EPA overreach
“Higher electricity rates impact families and businesses alike. These
costs would put U.S. workers at a disadvantage to our overseas
ELECTRICITY IMPACTS Total job loss (direct & indirect): competitors who are not subjected to the same energy costs and
Average Retail Electricity Price: 2,911 government regulations. The level of federal overreach by the EPA
is unprecedented in scope and takes no consideration of how these
newly imposed requirements will impact jobs and the American
7.8% economy.” —Senator Roger Wicker
52%
930.3 megawatts ELECTRICITY IMPACTS Total job loss in power sector:
Average Retail Electricity Price: 144
7.2%–8%
IMPACT ON THE FOREST PRODUCTS INDUSTRY 25%
120 $120,468,757 799.20 megawatts
Overall Impact
Number of boilers affected: Total jobs at risk: Total capital costs: MINING IMPACTS
68 8,926 $557,885,114 Coal tons lost per year: Coal industry lost revenue:
Coal industry
potential job loss:
5,056,600 $147,100,000 309


Fox Lake Coal Pending
37 2,642 $165,113,821 47
MISSOURI MONTANA
“The United States Environmental Protection Agency has proposed numerous new regulations, “… the U.S. Environmental Protection Agency has proposed or is proposing numerous new
particularly in the area of air quality and regulation of greenhouse gases, that are likely to have regulations, particularly in the area of air quality and the regulation of greenhouse gases,
major effects on the economy, jobs, and the competitiveness of the United States in worldwide that could have major detrimental effects on the economy, jobs, and U.S. competitiveness in
markets.” — Missouri House of Representatives in HCR 42 (2011) worldwide markets… neither the EPA nor President Obama’s administration has undertaken
any comprehensive study of what the cumulative effect of all of this new regulatory activity
“We write today to express concern at the pace and stringency of other expanded EPA will be on the economy, jobs, and competitiveness” — Montana Senate Resolution opposing
regulation of our electric generation resources, which more directly jeopardize our ability to efforts by the EPA to regulate greenhouse gas emissions
provide affordable, reliable electricity. … EPA moves precipitously in a number of rulemaking
processes that will impact electric reliability, resource adequacy and impose significant cost on
electric consumers.” — Duncan Kincheloe, Missouri Association of Municipal Utilities ELECTRICITY IMPACTS Total job loss (direct & indirect)

ELECTRICITY IMPACTS Total job loss (direct & indirect)
7.8 cents per Kwh
Average Retail Electricity Price: 12,978 Expected increase in electricity rates:
7.81 cents per Kwh

0.1%–10%
Expected increase in electricity rates: 63%
11.1%–23% Total estimated electricity capacity likely to be retired:
81% 241 megawatts
Total estimated electricity capacity likely to be retired: This represents enough energy to power more than 180,000 homes.
6,714 megawatts
MINING IMPACTS
Lost manufacturing output by 2015: Lost state and local government revenues by 2015: Coal industry
$1,200,000,000 $1,300,000,000 Coal tons lost per year: Coal industry lost revenue: potential job loss:
12,511,690 $316,020,000 373

Number of boilers affected: Total jobs at risk: Total capital costs: BOILER MACT REGULATION IMPACTS
44 5,456 $341,015,163 IMPACT ON THE FOREST PRODUCTS INDUSTRY
Potential and Announced Power Plant Closures 6 $27,191,330

Power Plant Name Fuel Type Year of Closure Overall Impact
Sibley Coal 2014
Blue Valley Coal 2014 8 515 $32,209,962
Chamois Coal 2014
James River Power Station Coal 2015
Lake Road Coal 2015
Colstrip Energy LP Coal 2015
Meramec Coal 2015
48 Montrose Coal Pending Yellowstone LP Petroleum Coke 2015
ECONOMY DERAILED: STATE-BY-STATE IMPACTS OF THE EPA REGULATORY TRAIN WRECK NEBRASKA NEW JERSEY
“We feel compelled to guard against a regulatory approach “… if coal ash were to be classified as hazardous waste it would
that would increase the cost of electricity and gasoline prices, have a significant economic impact to New Jersey, leading to
manufactured products, and ultimately harm the competitiveness higher electricity production costs for industry and increases
of the U.S. economy. As governors, we strongly urge Congress in costs for electricity for every consumer of the State.” —
to stop harmful EPA regulation of greenhouse gas emissions Nancy Wittenberg, Assistant Commissioner of Environmental
that could damage those vital interests.” — Dave Heineman, Regulation, New Jersey Department of Environmental Protection
Governor of Nebraska, signer of a governors’ coalition letter
opposing EPA overreach
“I am supporting this resolution to protect the Nebraska economy, Average Retail Electricity Price: 365
and our nation’s economy, from EPA overreach. It’s that simple 14.68 cents per Kwh Expected increase in electricity rates:
... I want to send a clear message: Nebraska’s farmers, ranchers,
business owners, cities, towns and hundreds of thousands of
10.9%
electricity consumers should not have their economic fortunes 10%
determined by unelected bureaucrats in Washington.” — Senator Total estimated electricity capacity likely to be retired:
Ben Nelson regarding the Murkowski Disapproval Resolution 163.20 megawatts
“We appreciate Senator Nelson’s support for the Murkowski
Disapproval Resolution as we believe this is clearly in the best
economic interests of Nebraska’s electricity consumers.” BOILER MACT REGULATION IMPACTS
— Ron Asche, President of the Nebraska Power Association Number of boilers affected: Total jobs at risk: Total capital costs:
ELECTRICITY IMPACTS Total job loss (direct & indirect): 12 1,884 $117,763,956
7.8%–27%
65%
Total estimated electricity capacity likely to be retired: Power Plant Name Fuel Type Year of Closure
3,129.90 megawatts
This represents enough energy to power more than 2.3 million homes. Glen Gardner Coal 2015
Schiller Coal 2015

Deepwater Coal 2015
499 956 $57,581,639
ECONOMY DERAILED: STATE-BY-STATE IMPACTS OF THE EPA REGULATORY TRAIN WRECK NEW MEXICO NEW YORK
“Adopting meaningless, incredibly expensive and symbolic “It is likely that CSAPR [Cross-State Air Pollution Rule] may raise
regulations that only serve to harm New Mexico families and concerns about the economic viability of some New York generators.
businesses simply does not make sense.” If generation is mothballed or generation is reduced, and/or more
— Susana Martinez, Governor of New Mexico costly, this is likely to lead towards concerns about reliability,
increased transmission congestion, effects on the market clearing
“The Utility MACT rule could cause significant electricity reliability price, effects on zone pricing, long term contracts, ability to meet
constraints that would have a ripple effect through our fragile power demands…and effects on large consumers.”
economy, hurting businesses of all sizes. Reasonable regulation - Energy Committee of the Business Council of New York State
and regulatory certainty are essential for businesses to grow
and prosper. By contrast, regulatory uncertainty is a deterrent to
putting Americans back to work, particularly for small businesses. ELECTRICITY IMPACTS Total job loss (direct & indirect):
The potential costs of the Utility MACT rule could have a major Average Retail Electricity Price: 1,329
impact on job creation and consumer demand for our products.”
— Greater Sandoval County Chamber of Commerce
Percentage of Electricity Derived from Coal: 4.2–8%
ELECTRICITY IMPACTS Total job loss in the power sector: 10%
Average Retail Electricity Price: 409 Total estimated electricity capacity likely to be retired:
8.45 cents per Kwh Expected increase in electricity rates: 694.4 megawatts
1.6%–6%
71%
2,269.8 megawatts
This represents enough energy to power more than 1.7 million homes. Number of boilers affected: Total jobs at risk:
46 8,966 $560,381,038
MINING IMPACTS
Coal industry
10,701,390 $377,000,000 594 Potential and Announced Power Plant Closures
Potential and Announced Power Plant Closures Glenwood Natural Gas 2015
Port Jefferson Natural Gas 2015

Four Corners 1, 2, 3 Coal 2013 Niagara Coal 2015

50
RANK: #10
NORTH CAROLINA NORTH DAKOTA

WORST HIT BY
THE EPA
“… the EPA is simultaneously developing and implementing a

“In our state, coal is not a partisan issue. Both parties

understand its significance as a major contributor to North number of regulatory and policy initiatives with extremely short
Carolina’s economy. The industry provides families with a and converging compliance deadlines within the next five years
reliable, affordable supply of electricity, and directly employs which will significantly impact the energy industry, increase
thousands of workers across the state.”— Rep. Thom Tillis, burdensome costs to consumers, and hurt the competitiveness of
Speaker of the North Carolina House of Representatives U.S. manufacturers.”— Jack Dalrymple, Governor of North Dakota,
signer of a governors’ coalition letter opposing EPA overreach
“… the Environmental Protection Agency’s regulatory activity as to
Average Retail Electricity Price: 6,030 air quality and greenhouse gases has become known as the “train
8.70 cents per Kwh Expected increase in electricity rates: wreck” because of the numerous and overlapping requirements
5.1%–7% and because of the potentially devastating consequences this
56% regulatory activity may have on the economy …” — North
Total estimated electricity capacity likely to be retired: Dakota House of Representatives Resolution opposing the EPA’s
3,298.6 megawatts regulatory train wreck

BOILER MACT REGULATION IMPACTS 2,730
Average Retail Electricity Price:
7.03 cents per Kwh
166 15,557 $972,292,267 Expected increase in electricity rates:
7.8%–27%
82%
292 megawatts

MINING IMPACTS
HF Lee Coal 2013 Coal industry
LV Sutton Coal 2013
14,962,200 $225,160,000 503
Buck Coal 2013
Cape Fear Coal 2013
Weatherspoon Coal 2013 Number of boilers affected: Total jobs at risk: Total capital costs:
51
Riverbend Coal 2013 14 1,647 $102,953,268
RANK: #3 WORST HIT BY THE EPA
OHIO
“We believe the EPA’s proposed rules harm domestic energy Average Retail Electricity Price: 19,647
production and are hostile to the Administration’s stated goals of 9.12 cents per Kwh Expected increase in electricity rates:
creating jobs, improving the regulatory process, and increasing
our nation’s energy security.” — John R. Kasich, Governor of Ohio,
7–12%
signer of a governors’ coalition letter opposing EPA overreach 82% Lost wages resulting from power
plant closures:
Total estimated electricity capacity likely
“The EPA only looks at the new rules in isolation, rather than
considering that the pancaking of these rules will make compliance
to be retired:
$10,900,000
costs unnecessarily higher. Furthermore, the agency requires
6,871.30 megawatts
compliance with some of these regulations within three years, a
deadline that is often unrealistic or impossible to meet.” Lost manufacturing output by 2015: Lost state and local government revenues by 2015:
-Kevin Schmidt, Ohio Manufacturers’ Association $1,800,000,000 $1,300,000,000

MINING IMPACTS
Coal industry
Bay Shore Units 2-4 Coal tons lost per year: Coal industry lost revenue: potential job loss:
Coal 2012
Eastlake Coal 2012 3,027,050 $131,220,000 382
Ashtabula Coal 2012
Lake Shore Coal 2012
Avon Lake Coal 2014
Conesville Coal 2014
Natural Gas/
Hamilton 2014
Residual Fuel Oil
8 $95,863,004
Muskingum River Coal 2014
Picway Coal 2014 Overall Impact
RE Burger Coal 2014 Number of boilers affected: Total jobs at risk: Total capital costs:
Miami Fort Coal 2015

75 13,968 $850,983,351
Niles Coal 2015
WC Beckjord Coal 2015
52
ECONOMY DERAILED: STATE-BY-STATE IMPACTS OF THE EPA REGULATORY TRAIN WRECK OKLAHOMA OREGON
“We believe the EPA’s proposed rules harm domestic energy production and “This is the worst possible time for new job-killing regulations
are hostile to the Administration’s stated goals of creating jobs, improving that make it harder for business to grow and for the economy
the regulatory process, and increasing our nation’s energy security.” — Mary
to recover. I hope the EPA works with the bipartisan coalition
Fallin, Governor of Oklahoma, signer of a governors’ coalition letter opposing
EPA overreach in Congress that is ready and willing to help identify solutions
that protect the environment and public health while not
“The simple fact is, your agency is issuing multiple rules and regulations on top destroying jobs at the same time.”
of each other at such an accelerated rate that it makes it difficult for companies — Congressman Greg Walden, Oregon
to invest and create jobs. Your regulatory actions on the utility sector alone
are having a negative impact on electric reliability that threatens our nation’s
economy recovery.” — Congressman John Sullivan, Oklahoma ELECTRICITY IMPACTS Total job loss in the power sector:

ELECTRICITY IMPACTS Total job loss (direct & indirect): 7.58 cents per Kwh Expected increase in electricity rates:
Average Retail Electricity Price: 844 Percentage of Electricity Derived from Coal:
0.1%–5%
7.51 cents per Kwh Expected increase in electricity rates: 7%
12.6%–19% Total estimated electricity capacity likely to be retired:
44% 560.5 megawatts
Total estimated electricity capacity likely to be retired: This represents enough energy to power more than 400,000 homes.
4,689.8 megawatts
Number of boilers affected:
BOILER MACT REGULATION IMPACTS Total jobs at risk: Total capital costs:
Number of boilers affected: Total jobs at risk: Total capital costs: 30 2,434 $209,294,358
10 1,699 $106,184,389
Potential Power Plant Closure

Mustang 1 Natural Gas 2015
Mustang 2 Natural Gas 2015 Boardman Coal Pending

Anadarko Plant Natural Gas 2015

53
PENNSYLVANIA

“The cumulative impact of EPA’s regulatory actions, resulting in a Average Retail Electricity Price: 11,407
reduction of domestic energy supply and higher energy prices, could 10.35 cents per Kwh Expected increase in electricity rates:
force the U.S. to rely even more heavily on foreign energy which can
potentially stifle our fragile economic recovery. Additionally, EPA’s Percentage of Electricity Derived from Coal: 10.7%
actions are adding to already overburdened state resources and 48%
are limiting the ability of states to administer their own, effective
environmental programs and further slow the nation’s economic
recovery.” — Tom Corbett, Governor of Pennsylvania, signer of a 6,871.30 megawatts
governors’ coalition letter opposing EPA overreach This represents enough energy to power more than 5 million homes.
“… the loss of generating capacity is a significant concern to the PUC
as it directly threatens the obligations of utilities to provide reliable
$1,200,000,000 $1,100,000,000
and cost-effective power … Such an approach would appear to
be regulatory overkill and, more importantly, could threaten cost- MINING IMPACTS
effective and reliable provision of electrical services in our State.” Coal industry
— Pennsylvania Public Utility Commission Coal tons lost per year: Coal industry lost revenue: potential job loss:
10,709,650 $504,350,000 1,521


Elrama Coal 2012
Armstrong Power Station Coal 2012
Eddystone Coal 2012
New Castle Coal 2014 13 $99,842,473
Shawville Coal 2014 Overall Impact
Sunbury Generation LP Coal 2014
Penn State West
Campus Plant
Coal 2014
82 12,028 $726,068,629
Titus Coal 2015
Portland Coal 2015
G F Wheaton Power Station Coal 2015

54
SOUTH CAROLINA TENNESSEE RANK: #8 WORST HIT BY THE EPA
“...These electric rate increases would adversely affect the ratepayers in South “Governors are deeply concerned about the high and growing costs
Carolina who currently have 18.3% less disposable income than the average of environmental protection, including both the programmatic
American and face one of the Nation’s highest unemployment rates of 11%.
Further complicating the economic landscape in South Carolina is the fact that
and capital costs required to comply with federal environmental
this state ranks 10th highest in average residential electric expenditures. Any mandates and reporting requirements.” — National Governors
increase in electric rates will have a substantial and detrimental impact on the Association (NGA) in a resolution opposing further regulation by
already economically disadvantaged ratepayers in South Carolina.” the EPA during tough economic times. Bill Haslam, Governor of
— South Carolina Office of Regulatory Staff Tennessee, is a member of NGA

ELECTRICITY IMPACTS
Average Retail Electricity Price: 6,876 Total job loss (direct & indirect):
8.48 cents per Kwh Average Retail Electricity Price: 15,217

8.68 cents per Kwh
5.1%–8% Expected increase in electricity rates:
36% Percentage of Electricity Derived from Coal:
13.5%
Total estimated electricity capacity likely to be retired: 53%
1,749 megawatts
This represents enough energy to power more than 1.3 million homes. 4,530.4 megawatts

IMPACT ON THE FOREST PRODUCTS INDUSTRY BOILER MACT REGULATION IMPACTS
Number of boilers affected: Total capital costs: IMPACT ON THE FOREST PRODUCTS INDUSTRY
28 $204,873,197 Number of boilers affected: Total capital costs:
Overall Impact 9 $73,238,697

Number of boilers affected: Total jobs at risk: Total capital costs: Overall Impact
68 11,429 $677,585,203 Number of boilers affected: Total jobs at risk: Total capital costs:
60 7,435 $527,375,393

Savannah River Natural Gas 2013
Canadys Steam Natural Gas 2015
John Sevier Coal 2014
WS Lee Natural Gas 2020
Johnsonville Coal 2014
H B Robinson Natural Gas Pending
55
TEXAS
ELECTRICITY IMPACTS Total job loss in the power sector:

“Once again, the unelected, unaccountable bureaucrats at the
EPA are flouting the law by denying Texas the opportunity to manage
Average Retail Electricity Price:
472
its own air permitting program. The EPA’s unlawful scheme threatens 9.33 cents per Kwh Expected increase in electricity rates:
Texas jobs and businesses by imposing costly and unnecessary Percentage of Electricity Derived from Coal:
6.9%
greenhouse gas regulations immediately and improperly. These 37%
expensive mandates do little to make our air safer or to control the
global warming the EPA insists is threatening our country, while doing
great damage to our energy independence and economic recovery.” 2,623 megawatts
— Greg Abbott, Texas Attorney General This represents enough energy to power more than 2 million homes.
“The Obama Administration continues to put up road blocks for MINING IMPACTS
our nation’s job creators by imposing burdensome regulations Coal industry
Coal tons lost per year: potential job loss: Coal industry lost revenue:
based on assumptions, not facts, that will result in job losses and
increased energy costs with no definite environmental benefit. Yet 8,755,970 686 $242,970,000
again, this administration is ignoring Texas’ proven track record
of cleaning our air while creating jobs, opting instead for more
stifling red tape. As expected, the only results of this rule will
be putting Texans out of work and creating hardships for them
and their families, while putting the reliability of Texas’ grid in
jeopardy.” — Rick Perry, Governor of Texas 23 $139,243,045
Overall Impact
27 2,166 $202,218,185
Monticello Coal 2012
natural gas,
Lone Star 2014
distillate fuel oil
Welsh Coal 2014
AES Deepwater petroleum coke 2015
ERCT_TX_Coal steam petroleum coke 2015

Moore County natural gas 2015
San Miguel coal 2015
56 J.T. Deely coal 2018

UTAH VIRGINIA
“We’ve been called the Saudi Arabia of coal because the amount of coal we got in our country is
“The cumulative impact of EPA’s regulatory actions, resulting in a reduction

akin to what Saudi Arabia has in oil. Why would we ever want to sacrifice a strategic American
of domestic energy supply and higher energy prices, could force the U.S. advantage? ... We all know that an unnecessary regulation is nothing more than a hidden tax.”
to rely even more heavily on foreign energy which can potentially stifle our — Robert McDonnell, Governor of Virginia
fragile economic recovery. Additionally, EPA’s actions are adding to already
overburdened state resources and are limiting the ability of states to ELECTRICITY IMPACTS Total job loss (direct & indirect):
administer their own, effective environmental programs and further slow the
nation’s economic recovery.” — Gary R. Herbert, Governor of Utah, signer of a
governors’ coalition letter opposing EPA overreach 8.73 cents per Kwh Expected increase in electricity rates:
10–15%
“… the EPA’s regulatory activity of GHG has numerous and overlapping
requirements that are likely to have major effects on the nation’s economy,
35%
Lost state tax revenue resulting from power
Lost wages resulting from power
jobs, and U.S. competitiveness in worldwide markets the Legislature of the plant closures:
plant closures:
state of Utah calls on Congress to adopt legislation prohibiting the United
$6,100,000 $2,900,000
States Environmental Protection Agency (EPA) from regulating greenhouse gas
(GHG) emissions without Congressional approval, including, if necessary, not Total estimated electricity capacity likely to be retired:
funding EPA greenhouse gas regulatory activities.” — Utah House Resolution
2,643 megawatts
Average Retail Electricity Price: 1,287 BOILER MACT REGULATION IMPACTS
1.5%–5% 20 $142,249,627
81% Overall Impact
188.6 megawatts
This represents enough energy to power more than 140,000 homes. 81 9,597 $634,212,550
MINING IMPACTS Coal industry Potential and Announced Power Plant Closures
2,292,250 $103,450,000
213
Clinch River Coal 2014
Potential and Announced Power Plant Closures Glen Lyn 1,2 Coal 2014
Power Plant Name Fuel Type Year of Closure Glen Lyn 51,52 Coal 2015
coal Potomac River Coal 2015

Carbon 2015
Yorktown Coal 2015
KUCC coal 2015
57 Sunnyside Cogen Associates coal 2015 Chesapeake Coal 2016
WEST VIRGINIA

“The U.S. Environmental Protection Agency is expected to propose Average Retail Electricity Price:
25,646
new federal rules that would designate coal ash — a byproduct of 7.44 cents per Kwh
using coal to generate electricity — as a ‘hazardous’ waste. Such Expected increase in electricity rates:
a decision would cause significant economic and environmental 7%–28%
damage and I implore the EPA to evaluate the facts about coal ash 97%
recycling before making a decision.” Lost wages resulting from power Lost state tax revenue resulting from power
— Joe Manchin, Governor of West Virginia plant closures: plant closures:
“This type of unfunded mandate at a time when many state

$16,900,000 $12,890,000
governments cannot meet exisiting commitments for education Total estimated electricity capacity likely to be retired:
and other vital public services makes no sense and is wholly
unwarranted. Electric power reliability and electricity rates for our
3,009.7 megawatts
citizens also would be adversely affected.”— Randy C. Huffman,
Cabinet Secretary of the West Virginia Department of Environmental
Protection, in a letter to the U.S. EPA regarding coal ash regulation MINING IMPACTS
Coal industry
18,387,080 3,190 $1,140,000,000
Rivesville Coal 2012

Willow Island Coal 2014 IMPACT ON THE FOREST PRODUCTS INDUSTRY
Albright Coal 2012
Kammer Coal 2014
3 $7,644,318
Kanawha Coal 2014 Overall Impact
Phillip Sporn Coal 2014
39 7,706 $481,618,811
58
WISCONSIN WYOMING
“In 2008, Mr. Obama said that if he was elected President, electricity “As the stewards of our states’ natural resources, we share
rates would ‘necessarily skyrocket’ under his cap and trade policy, the broad goals of the EPA to protect our air and water.
and that those who built coal-fired power plants would wind up However, we wish to express our strong concerns over the
going bankrupt. Now those promises will come true. The Utility contents and timing of many of the recently adopted and
MACT rule promulgated by the EPA will put many coal-fired plants pending regulations, which together could seriously impact
out of business. This will eliminate thousands of jobs and threaten energy supply, reliability, and affordability for the residents,
the reliability of our electrical grid, while delivering very little in the small businesses and manufacturers in our states.” — Matt
way of health benefits.” — Senator Ron Johnson, Wisconsin Mead, Governor of Wyoming, signer of a governors’ coalition
letter opposing EPA overreach
“Utility MACT will make it harder and more expensive for the
Average Retail Electricity Price: 7,102 private sector to create good jobs for American workers. This
9.73 cents per Kwh red tape will force coal fired power plants to close their doors
9.2%–21% and send their workers to the unemployment office.” — John
63% Barrasso, Wyoming U.S. Senator
2,820.60 megawatts
This represents enough energy to power more than 2 million homes. Average Retail Electricity Price: 1,580
1.5%–26%
Number of boilers affected: Total jobs at risk: Total capital costs: 89%
72 9,124 $570,273,057 Total estimated electricity capacity likely to be retired:
3,193.05 megawatts

MINING IMPACTS Coal industry
180,122,970 3,403.53 $4,929,400,000
Alma coal 2012
Valley coal 2014 BOILER MACT REGULATION IMPACTS

Blount Street coal 2015 Number of boilers affected: Total jobs at risk: Total capital costs:
59
South Oak Creek coal 2015 13 2,479 $154,967,483
BROAD AND DIVERSE
COALITION OPPOSING THE EPA

Advocates of EPA regulation claim that only industry, particularly
the coal industry, is fighting recent EPA action while many other “What they are trying to do to coal and our coal miners
organizations and companies are supportive of the EPA’s efforts. is bad for Kentucky. That’s why I sued the EPA and that’s
This is not even close to true. why I will continue fighting to get our people back to
work.”—Steve Beshear, Governor of Kentucky 81
This section exposes the broad and diverse coalition that
is actively pushing back against EPA overreach. The various “…Such regulations under consideration by EPA could
organizations, trade associations, labor unions, government pose significant challenges for the electric power sector,
officials, legislative bodies, and state agencies represented with respect to the economic burden, the feasibility of
reveal a wide consensus that the EPA has gone much too far implementation by the contemplated deadlines and
in regulating almost every aspect of the economy. the maintenance of system reliability…”—National
Association of Regulatory Utility Commissioners 82
In sum, 32 current and former governors and lieutenant
governors, 27 groups of state and local officials, 16 labor “This rule is an all-out, in my opinion, decision by the EPA
unions, 17 state legislative bodies, 10 state agencies, and that we’re never going to have another coal-fired facility
57 trade associations have openly voiced opposition to the in the United States that’s constructed.”—Cecil Roberts,
escalating EPA expansion. President of United Mine Workers of America 83
“See, with the EPA, there’s regulations. They are not

OPPOSITION TO EPA OVERREACH actually laws … they never go through Congress and are
never voted on by our representatives. That creates soft
tyranny because we have no choice in the matter.”
ORGANIZATIONS & ELECTED OFFICIALS TOTAL
— Gary Howell, West Virginia Delegate 84
Governors 32
“While we understand that regulation of CCRs [coal
Groups of State & Local Officials 27 combustion residuals] will impose significant costs on
Labor Unions 16 power plant operations….Such increases will likely lead to
State Legislatures 17 increased electricity prices for all electricity consumers…
Such an approach would appear to be regulatory
State Agencies 10 overkill…” —Pennsylvania Public Utility Commission85
Trade Associations 57
60
GOVERNORS OPPOSED TO EPA OVERREACH
APRIL 2012
There are 32 governors, former governors, and lieutenant
governors that have voiced opposition to EPA regulations. The DOCUMENT ISSUE AREA OF EPA
GOVERNOR TYPE OPPOSITION
majority of the opposition is directed towards greenhouse
gas regulations, coal ash regulations, and a variety of other Alabama Former Governor Sign-on Letter Greenhouse Gas
regulations that will lead to higher electricity prices for their Bob Riley Emissions
states’ citizens. These governors and lieutenant governors Alabama Governor Robert J. Sign-on Letter Various EPA rules,
represent 28 states, including Alabama, Alaska, Arizona, Bentley Electric Utilities
Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Greenhouse Gas
Alaska Governor
Minnesota, Mississippi, Missouri, Nebraska, Nevada, North Sean Parnell
Sign-on Letters Emissions , Various EPA
Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South rules, Electric Utilities
Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, Greenhouse Gas
Arizona Governor Janice K.
and Wyoming. Brewer
rules, Electric Utilities
Georgia Former Governor Sign-on Letter Greenhouse Gas

“It is vital for our citizens and businesses to have Sonny Perdue Emissions
access to a wide diversity of energy sources in order Georgia Governor Nathan Sign-on Letter Various EPA rules,
to facilitate our economic recovery. The fact that Deal Electric Utilities
our dominant energy source, oil, is heavily imported Hawaii Former Governor Sign-on Letter Greenhouse Gas
reinforces the need for utilizing our abundant domestic Linda Lingle Emissions
energy supply. The United States has bounteous Idaho Governor C.L. “Butch” Sign-on Letter Various EPA rules,
reserves of oil and natural gas, and we believe that Otter Electric Utilities
your administration should allow for adequate Indiana Governor Mitch Various EPA rules,
Sign-on Letter
utilization of these domestic resources.” Daniels Electric Utilities
— Mary Fallin, Governor of Oklahoma, signer of a Iowa Governor Terry E. Sign-on Letter Various EPA rules,
governors’ coalition letter opposing EPA overreach86 Branstad Electric Utilities
“Jumping to classify coal ash as hazardous waste would Kentucky Governor Steven Sign-on Letter Greenhouse Gas
L. Beshear Emissions
neglect many dozens of years of proven beneficial
uses of this byproduct. Hastily raising its status to
‘hazardous’ could actually cause more environmental Louisiana Governor Greenhouse Gas
Bobby Jindal
harm and place undue financial burden on countless rules, Electric Utilities
thousands of Americans.”
Minnesota Former Governor Greenhouse Gas
— Joe Manchin, Governor of West Virginia87 Tom Pawlenty
Sign-on Letter
Emissions
61
GOVERNORS OPPOSED TO EPA OVERREACH
DOCUMENT ISSUE AREA OF EPA DOCUMENT ISSUE AREA OF EPA

GOVERNOR GOVERNOR TYPE
TYPE OPPOSITION OPPOSITION
Greenhouse Gas Various EPA rules,

Mississippi Governor Texas Governor Rick Perry Sign-on Letter
Sign-on Letters Emissions , Various EPA Electric Utilities
Haley Barbour
Utah Governor Gary R. Greenhouse Gas
Missouri Lieutenant Letter Herbert
Governor Peter D. Kinder Coal Ash Disposal rules, Electric Utilities
Nebraska Governor Dave Sign-on Letter Greenhouse Gas Greenhouse Gas

Heineman Emissions Virginia Governor Robert F. Sign-on Letter
McDonnell Emissions , Various EPA
Nevada Former Governor Sign-on Letter Greenhouse Gas
Jim Gibbons Emissions West Virgina Governor Op-Ed and Greenhouse Gas
North Dakota Former Greenhouse Gas Joe Manchin Sign-on Letter Emissions
Sign-on Letter
Governor John Hoeven Emissions Wyoming Governor Sign-on Letter Various EPA rules,
North Dakota Governor Various EPA rules, Matthew H. Head Electric Utilities
Sign-on Letter
Jack Dalrymple Electric Utilities
Ohio Governor Sign-on Letter Various EPA rules,
John R. Kasich Electric Utilities
Oklahoma Governor Mary Sign-on Letter Various EPA rules,
Fallin Electric Utilities
Pennsylvania Governor Sign-on Letter Various EPA rules,
Tom Corbett Electric Utilities
Rhode Island Former Sign-on Letter Greenhouse Gas
Governor Donald L Carcieri Emissions
South Carolina Former Sign-on Letter Greenhouse Gas
Governor Mark Sanford Emissions
South Carolina Governor Sign-on Letter Various EPA rules,
Nikki Haley Electric Utilities
South Dakota Former

Governor M. Michael Sign-on Letter Greenhouse Gas
Rounds Emissions
South Dakota Governor Sign-on Letter Various EPA rules,

Dennis Daugaard Electric Utilities
62
GROUPS OF STATE & LOCAL OFFICIALS
OPPOSED TO EPA OVERREACH
APRIL 2012
There are 27 groups of state and local officials that oppose
recent EPA action, including tens of thousands of state “The U.S. Environmental Protection Agency (EPA) has
proposed, or is in the process of proposing, numerous
legislators, utility commissioners, agricultural department
officials, foresters, drinking water administrators, fish and regulations regarding air quality and regulation of greenhouse
wildlife agencies, solid waste management officials, state gases that likely will have major effects on Southern state
wetland managers, mayors, counties, and cities. economies, impacting businesses, manufacturing industries
and, in turn, job creation and U.S. competitiveness in world
A cross-section of this list demonstrates just how many officials markets. … Neither the EPA nor the Obama administration
and entities are represented. The American Legislative Exchange has undertaken any comprehensive studies of the cumulative
Council represents more than 2,000 state legislators from all 50 effects of this new regulatory activity on the nation’s wealth
states, which add up to nearly a third of all state legislators in the or financial system.”— Council of State Governments88
country. The American Association of Pesticide Control Officials
represents about 170 state control officials in all 50 states, the
District of Columbia, and U.S. territories. The Environmental NAME OF DOCUMENT ISSUE AREA OF EPA
Council of the States is the national association of state and ORGANIZATION TYPE OPPOSITION
territorial environmental agency leaders from around the American Association of Sign-on Letter Pesticides, NPDES
country. The National Association of State Foresters consists of Pesticide Control Officials
the directors of forestry agencies in all 50 states, U.S. territories, American Association of
Clean Water Act,
Letters & Policy “Waters of the U.S.,”
and D.C. The National Association of Counties represents the State Highway & Resolution NPDES, TMDL, Coal Ash,
nation’s 3,068 counties. The American Association of State Transportation Officials Hazardous Waste
Highway and Transportation Officials represents highway and EPA Regulation, Power
American Legislative Plants, Greenhouse gases,
transportation departments in all 50 states, D.C., and Puerto Exchange Council
Report
Coal Ash, Hazardous
Rico, and represents all five transportation modes: air, highways, Waste, Tailoring Rule
public transportation, rail, and water. The National League of Chesapeake Bay
Cities represents more than 19,000 cities, villages, and towns, American Public Works Sign-on Letters Watershed Regulations,
Association Coal Ash, Hazardous
and more than 1,600 municipalities of all sizes are also members. Waste
Association of Fish & Sign-on Letter Clean Water Act, “Water
“While local governments share EPA’s goals for improving Wildlife Agencies of the U.S.,” NPDES, TMDL
and protecting the environment, we continue to be deeply
Association of State and Sign-on Letters Pesticides, NPDES,
concerned about the high and growing costs of complying Interstate Water Pollution Clean Water Act,
& Letter
with federal regulations.” Control Officials NPDES, TMDL
— Donald J. Borut, Executive Director of the National
Association of State and Coal Ash, Hazardous
League of Cities87 Territorial Solid Waste Letters, Survey Waste, Environmental
Management Officials Justice
63
GROUPS OF STATE & LOCAL OFFICIALS
OPPOSED TO EPA OVERREACH
NAME OF DOCUMENT ISSUE AREA OF EPA NAME OF DOCUMENT ISSUE AREA OF EPA
ORGANIZATION TYPE OPPOSITION ORGANIZATION TYPE OPPOSITION
Association of State National Association of Clean Water Act,
Drinking Water Sign-on Letter Clean Water Act, “Water Flood and Storm water Letter “Waters of the U.S.,”
Administrators of the U.S.,”NPDES, TMDL Management Agencies NPDES, TMDL
National Association Letters & Utility MACT, Various EPA
Association of State Sign-on Letter Clean Water Act, “Water of of Regulatory Utility rules, Electric Utilities,
Floodplain Managers the U.S.,” NPDES, TMDL Resolutions
Commissioners CAA, CWA RCRA
Association of State Sign-on Letter Clean Water Act, “Water of Pesticides, NPDES,
Wetland Managers the U.S.,” NPDES, TMDL Chesapeake Bay
National Association of State Sign-On Letters, Watershed Regulations,
Coastal States Organization Sign-on Letter Clean Water Act, “Water of Departments of Agriculture Letters Clean Water Act, EPA
the U.S.,” NPDES, TMDL regulation and federalism,
Pesticides, TMDLs, Water
Council of State Resolution / Pollutants, CAA, NNC
Governments – Southern Air Quality, Greenhouse
Policy Position Gases
Legislative Conference Pesticides, NPDES,
National Association of Chesapeake Bay
Resolution, Coal Ash, Hazardous Sign-On Letters Watershed Regulations,
Environmental Council Waste, Clean Water ACT, State Foresters
Sign-On Letter, Clean Water Act, NPDES,
of the States Letters NPDES, TMDL, Fossil TMDL
Fuels, Electric Utilities
Ground Water Protection Clean Water Act, “Water
Sign-on Letter Clean Water Act, “Water of of the U.S.,” NPDES,
Council the U.S.,” NPDES, TMDL
National Conference of Letters, Sign-On TMDL, Chesapeake Bay
Interstate Mining Compact Letters, Coal Ash, State Legislatures Letter Watershed Regulations,
Commission Comments Hazardous Waste Cooling Water Intake, Coal
Ash, Hazardous Waste
National Association of Letters CO2, Tailoring Rule, PSD,
Clean Air Agencies Title V National Governors Resolution & EPA Regulation, Unfunded
Association Letter Mandates, Coal Ash,
Hazardous Waste
Clean Water Act, “Water
of the U.S.,” NPDES, Chesapeake Bay
TMDL, Chesapeake Bay
Watershed Regulations, National League of Cities Sign-On Letters Watershed Regulations ,
Letters, Sign- & Letter Storm Water, NPDES, Coal
National Association of On Letters, PM, Air Quality Standards, Ash, Hazardous Waste
Counties Resolutions Emissions, GHGs,
Pesticides, NPDES, Chesapeake Bay
Cap and Trade, Coal United States Conference Sign-On Letters Watershed Regulations
Ash, Hazardous Waste, of Mayors & Letter , Coal Ash, Hazardous
Silvicultural Rule, MACT Waste
Chesapeake Bay Water Transfers, NPDES,
National Association of Watershed Regulations, Western Governors’ Letters,
Sign-On Letters Association Resolution Coal Ash, Hazardous
County Engineers Coal Ash, Hazardous Waste
64 Waste
LABOR UNIONS OPPOSED TO EPA OVERREACH
APRIL 2012
The 16 labor unions entail a diverse group of miners, electrical
workers, pipe fitters, food and commercial workers, the NAME OF DOCUMENT ISSUE AREA OF EPA
UNION TYPE OPPOSITION
transportation and construction industry, and more. These
unions represent millions of workers nationwide, and all have Brotherhood of Locomotive Coal Ash, Hazardous
Sign-On Letter
played a role in fighting back against an ever-expanding EPA. Engineers Waste
Two examples from this list that especially show the extent to which Indiana State Building & Coal Ash, Hazardous
Construction Trades Council Letter
workers oppose the EPA are the Brotherhood of Locomotive Engineers Waste
and the Unions for Jobs and the Environment. The Brotherhood of
Locomotive Engineers represents locomotive engineers, conductors, International Association
of Bridge, Structural, Proposed MATS / MACT
brakemen, firemen, switchmen, and other train service employees Ornamental and Reinforcing Sign-On Letter Regulation
on numerous railroads in the United States. Its total membership Iron Workers
includes more than 59,000 employees, and it opposes the EPA’s
classification of coal ash as a hazardous waste.90 Unions for Jobs International Association Of Coal Ash, Hazardous
Sign-On Letter
and the Environment represents more than 3.2 million workers in Plumbers and Pipe Fitters Waste
electric power, transportation, coal mining, construction, and other
International Brotherhood
industries. These unions understand that numerous overlapping and of Boilermakers, Iron Ship Letter, Sign-On EPA MACT Proposed
overreaching EPA regulations will cause negative economic impacts, Builders, Blacksmiths, Letters Regulation, Coal Ash,
Forgers & Helpers Hazardous Waste
and they have actively voiced their concern.
Proposed MATS / MACT
Letters & Regulation, Coal Ash,
International Brotherhood Hazardous Waste, Clean
of Electrical Workers Resolutions
Air Transport Rule, NOX,
SO2

International Brotherhood Sign-On Letters Regulation, Coal Ash,
of Teamsters Hazardous Waste

Marine Engineers Beneficial Sign-On Letters Regulation, Coal Ash,
Association Hazardous Waste

Sheet Metal Workers Sign-On Letters Regulation, Coal Ash,
International Association Hazardous Waste
65
LABOR UNIONS OPPOSED TO EPA OVERREACH
NAME OF DOCUMENT ISSUE AREA OF EPA WHAT UNIONS ARE SAYING ABOUT THE
UNION TYPE OPPOSITION EPA TRAIN WRECK
Transportation & Proposed MATS / MACT “Early shutdowns of coal-fired plants could lead to
Communications Sign-On Letters Regulation, Coal Ash,
International Union Hazardous Waste the loss of 50,000 workers in utilities, mining, railroad
and related occupations and 200,000 more in indirect
Unions for Jobs and the
Proposed MATS / MACT losses. If — as most credible estimates predict — the
Sign-On Letters Regulation, Coal Ash, utilities have to close 50,000 megawatts or more of coal
Environment Hazardous Waste
plants, rates will soar and reliability will be dramatically
affected in many parts of the country.”
United Association of Proposed MATS / MACT
Plumbers and Pipe Fitters Sign-On Letter Regulation —Edwin D. Hill, International President of the International
Brotherhood of Electrical Workers91
International Association
of Bridge, Structural, Proposed MATS / MACT “It’s never a good day when hard-working people lose
Ornamental & Reinforcing Sign-On Letter Regulation their jobs. The current and future job losses caused
Iron Workers
as a result of this decision will cause great difficulties
Proposed MATS / MACT for the Spruce mine workers, their families and their
United Food & Commercial
Workers International Union Sign-On Letter Regulation, Coal Ash, local communities.” — Cecil E. Roberts, President of the
Hazardous Waste United Mine Workers of America, in response to an EPA
veto of a mine permit92
Sign-On Letters, Proposed MATS / MACT
United Mine Workers of Letter, Press Regulation, Coal Ash,
America Release Hazardous Waste, “Electricity prices are almost certain to increase as a
Revoking a Mine Permit
result of these increased operational and maintenance
Proposed MATS / MACT costs, further impacting industries and consumers. As a
United Transportation
Union Sign-On Letter Regulation, Coal Ash, result, jobs throughout the country and in nearly every
Hazardous Waste sector of the economy could be threatened at a time
when unemployment is high and our economic recovery
Utility Workers Union of Sign-On Letters, Regulation, Coal Ash, is uncertain.”— -Indiana State Building and Construction
America Press Release Hazardous Waste, Trades Council regarding EPA regulation of coal ash.93
Revoking a Mine Permit
66
STATE LEGISLATIVE BODIES OPPOSED TO
EPA OVERREACH
APRIL 2012
There are 17 state legislative bodies that have realized
LEGISLATION ISSUE AREA OF EPA
the negative impact that the EPA is having on the states, LEGISLATIVE BODY TYPE OPPOSITION
all passing resolutions opposing EPA overreach. The vast
majority of the opposition was to the EPA attempting Alabama Legislature Resolution Greenhouse Gases
to regulate greenhouse gases through the Clean Air Act.
These legislative bodies represent 14 different states and Indiana House Resolution Greenhouse Gases
thousands of state legislators nationwide.
Indiana Senate Resolution Greenhouse Gases
Iowa House Resolution Greenhouse Gases

“… the Indiana House of Representatives urges Congress
to adopt legislation prohibiting the Environmental Kansas House Resolution Greenhouse Gases
Protection Agency from regulating greenhouse gas
emissions, and if necessary, by defunding the EPA’s Kentucky Legislature Resolution Combined Sewer
Overflow Control Policy
greenhouse gas regulatory activities.”
— Indiana House of Representatives Resolution94 Kentucky Senate Resolution Greenhouse Gases
“… EPA over-regulation is driving jobs and industry Michigan House Resolution Greenhouse Gases
out of the United States … neither the EPA nor any
other entity in the executive branch has undertaken Michigan Senate Resolution Greenhouse Gases
a comprehensive study to determine the cumulative
effect this regulatory activity will have on the economy Missouri House Resolution Greenhouse Gases
including jobs and competitiveness in worldwide
markets …” Montana Senate Resolution Greenhouse Gases
—Wyoming Legislature Resolution opposing the EPA
regulatory train wreck 95 Oklahoma Senate Resolution CO2 Emission Limits
Pennsylvania House Resolution Federal Water Pollution

“…EPA’s regulatory activity as to air quality and Control Act Permits
greenhouse gases has numerous and overlapping
requirements and may have a potentially devastating Utah House Resolution Greenhouse Gases
consequence on the economy…”
—Missouri House of Representatives Resolution96 Virginia House Resolution Greenhouse Gases
Wyoming Legislature Resolution “Train Wreck” Air Quality

Regulations
67
STATE AGENCIES OPPOSED TO EPA OVERREACH
Ten state agencies have also expressed their concern with the
EPA. Each one of these state agencies, representing nine different DOCUMENT ISSUE AREA OF EPA
NAME OF AGENCY TYPE OPPOSITION
states across the country, focused on the potential EPA regulation
of coal ash. It is interesting to note that six of these state agencies Iowa Land Quality Bureau,
are environmental protection agencies. Their mission is to protect Environmental Services Comment Coal Ash Disposal
the states’ citizens from environmental hazards, yet they too have Division
decided that the EPA has overstepped its bounds.
Maryland Department of Comment Coal Ash Disposal
the Environment
“We believe regulation of coal combustion waste Mississippi Department of Comment

Environmental Quality Coal Ash Disposal
as hazardous waste is unnecessary, as none of
these wastes generated by Pennsylvania power
plants has been observed to exhibit characteristics Missouri Department of Comment Coal Ash Disposal
of hazardous waste. Classification of coal Natural Resources
combustion waste as hazardous would likely end
its beneficial use without any tangible increase Nevada Division of
Comment Coal Ash Disposal
in environmental protection.”— Thomas K. Fidler, Environmental Protection
Deputy Secretary of the Pennsylvania Department
of Environmental Protection 97 New Jersey Department of
Environmental Protection Comment Coal Ash Disposal
“… the ORS [Office of Regulatory Staff] is concerned

that if CCRs [Coal Combustion Residues] are regulated Pennsylvania Office of
Waste, Air and Radiation Comment Coal Ash Disposal
as hazardous waste, there will be significant increases Management
in electric utility rates due to the higher costs of
handling and disposing of CCRs. These electric rate Pennsylvania Public Utility
Comment Coal Ash Disposal
increases would adversely affect the ratepayers Commission
in South Carolina who currently have 18.3% less
disposable income than the average American and South Carolina Office of Comment Coal Ash Disposal
face one of the Nation’s highest unemployment rates Regulatory Staff
of 11%.” — Florence P. Belser, General Counsel of
the South Carolina Office of Regulatory Staff 98 West Virginia Department of Coal Ash Disposal
Comment
Environmental Protection
68
TRADE ASSOCIATIONS OPPOSED
TO EPA OVERREACH
APRIL 2012
Lastly, there are 57 trade associations representing hundreds
of thousands of companies nationwide that are stepping WHAT TRADE ASSOCIATIONS ARE SAYING
ABOUT THE EPA TRAIN WRECK
up and fighting back. These associations represent a
broad variety of industries, such as agriculture, forestry,
manufacturing, energy, chemicals, mining, independent “Affordable energy and jobs are top priorities for
businesses, the automotive industry, construction, and even manufacturers, and the EPA’s proposed Utility MACT
apparel and footwear. rule threatens to deal a lethal blow to both. The
EPA’s Utility MACT proposal is yet another example of
Just a couple of examples from this list reveal how many excessive overreach that will dampen economic growth
aspects of American life are affected by the EPA. The and result in job losses.”
National Association of Manufacturers (NAM) represents — Chip Yost, Vice President for Energy and Resources
small and large manufacturers in every industrial sector, Policy for the National Association of Manufacturers99
and in all 50 states. These manufacturers employ nearly 12
million workers and contribute more than $1.6 trillion to “The proposed Boiler MACT rule would destroy jobs in
the U.S. economy annually. The industry represented by this our industry at a time when policymakers are rightly
association is the largest driver of economic growth in the saying we need to preserve and grow manufacturing
nation, and accounts for a majority share of private-sector jobs. EPA has a choice — they can regulate in a way
research and development. NAM is concerned with the impact that protects both jobs and the environment, or they
of a number of EPA regulations, including the Utility MACT can regulate in a way that sacrifices jobs.”
(MATS), Boiler MACT, the regulation of greenhouse gases and — Donna Harman, President and CEO of the American
more. The American Forest and Paper Association (AFPA) is Forest and Paper Association100
the national trade association of the forest products industry,
which accounts for approximately 5 percent of the total U.S. “The new EPA requirements could be devastating
manufacturing gross domestic product. Industry companies to consumers and communities across the nation.
produce about $175 billion in products annually and employ Consumers would be hurt by the increased cost of
nearly 900,000 men and women across the country. From fuel … and the closing of refineries could put local
tissue, newsprint, and boxes to wood for construction economies at risk, meaning there would be fewer jobs.
purposes, AFPA member company products are used in just In addition, we would be forced to rely even more on
about every aspect of our lives. AFPA member companies, foreign fuel supplies, and that can only weaken our
those employed by the industry, and Americans that rely on nation’s economy and national security.”
their products will be hit hard by the EPA’s proposed Boiler — Bob Greco, American Petroleum Institute101
MACT Rule.
69
TO EPA OVERREACH
NAME OF TRADE DOCUMENT ISSUE AREA OF EPA NAME OF TRADE DOCUMENT ISSUE AREA OF EPA
ASSOCIATION TYPE OPPOSITION ASSOCIATION TYPE OPPOSITION
Agricultural Retailers EPA Chesapeake Bay EPA Ozone Review Panel,
Association Sign-On Letter Watershed Regulations EPA Proposed Rule for
American Gas Association Letters
EPA’s Ban on Pre-Charged Mandatory Reporting of
Air Conditioning Contractors Testimonies, Equipment Rule, Lead, GHGs
of America Letter EPA’s Proposed HCFC American Home Furnishings EPA Proposed Federal
Allocation Rule Press Release
Alliance Formaldehyde Rule
Increase in Ethanol in
Alliance of Automobile Fuel Use, Fleet Fuel American International
Manufacturers Press Releases
Economy/GHGs, E15 Automobile Dealers Sign-On Letter E15 Fuel
Redundant Compliance Association
American Apparel &
Footwear Association Letter with State and Federal EPA Gasoline
Regulations & Laws American Petroleum Press Releases, Regulations could Raise
Regulations for Institute Studies Costs, Block EPA from
Polyvinyl Chloride (PVC) Regulating GHGs
Manufacturing, Vinyl
American Architectural Production and Use, American Public Gas EPA Regulation of
Press Releases Association Sign-On Letter Greenhouse Gases
Manufacturers Association Increased Manufacturing
Costs, Lead: Renovation, EPA’s Proposed Rule on
Repair and Painting American Public Power
Association Press Release Electric Generating Unit
Regulations MACT
EPA Rule Proposing New EPA Chesapeake Bay
American Association of Air Standards for Limiting Watershed Regulations,
Press Releases Deicing Fluid Runoff at American Road &
Port Executives Transportation Builders Sign-On Letters, Stormwater Permit
Commercial Airports, Letters Regulations, Ozone
Lead Aviation Fuel Association
Standards, Revocation of
EPA’s Final Ozone Valid Permit
American Chemistry Council Sign-On Letter Emissions, Chemical EPA’s Proposal Eliminates
Safety Assessment American Seed Trade Any Tolerances for Grain
Association Press Release Found to Have Sulfuryl
New Guidelines for Fluoride Residue
American Cleaning Institute Press Release
Cleaning Products
EPA Over-Regulation,
EPA and HUD Public American Soybean EPA Regulation of
American Coatings Service Announcement Association Press Releases Greenhouse Gases,
Press Release Campaign About Lead
Association Renewable Fuel Standard
Paint
EPA Chesapeake Bay Associated General EPA Chesapeake Bay
Contractors of America Sign-On Letter Watershed Regulations
American Farm Bureau Sign-On Letters, Watershed Regulations ,
Federation Press Releases Bills to Preempt EPA GHG
Regulations
Automotive Recyclers
American Forest and Paper Sign-On Letters, Association Press Release Stormwater Discharges
Press Releases EPA’s Boiler MACT Rule
Association
70
TO EPA OVERREACH
APRIL 2012
NAME OF TRADE DOCUMENT ISSUE AREA OF EPA NAME OF TRADE DOCUMENT ISSUE AREA OF EPA
ASSOCIATION TYPE OPPOSITION ASSOCIATION TYPE OPPOSITION
Automotive Service National Business Aviation Lead in Piston Aircraft
Press Release EPA Used Oil Proposal Association Sign-On Letter Gasoline
Association
National Cattlemen’s Beef Sign-On Letter, EPA Chesapeake Bay

Automotive Warehouse Watershed Regulations,
Distributors Association Press Release EPA Used Oil Proposal Association Press Release
EPA Overregulation
EPA Chesapeake Bay EPA Chesapeake Bay
Sign-On Letter, Watershed Regulations, National Chicken Council Press Releases Watershed Regulations ,
CropLife America Impact of EPA Regulation
Testimony E15 Gasoline Rule
on Agriculture
National Corn Growers Clean Water Act
Greenhouse Gas Association Press Release Guidelines
Environmental Industry Reporting, GHG
Press Releases regulation,
Associations Municipal Solid National Cotton Council of EPA Chesapeake Bay
America Sign-On Letter Watershed Regulations
Waste Facilities
Flexible Packaging Emissions of Toxic Air National Federation of
Association Press Release Press Release Greenhouse Gases
Pollutants Independent Business
EPA Chesapeake Bay National Lumber and Building
Industrial Minerals Sign-On Letter, Press Release Lead Regulations
Watershed Regulations, Material Dealers Association
Association North America Letter GHG Regulations
International Council of EPA Chesapeake Bay National Milk Producers EPA Chesapeake Bay
Sign-On Letter Sign-On Letter
Shopping Centers Watershed Regulations Federation Watershed Regulations
Identifying Waters National Oilseed Processors
Interstate Natural Gas Protected by the Clean Letter EPA’s Proposed Utility
Letter Association MACT Rule
Association of America Water Act
Irrigation Association Sign-On Letter EPA Chesapeake Bay Chemical Reporting Rule ,
Watershed Regulations National Petrochemical & Press Releases Renewable Fuel Standard,
Refiners Association & Letter Cellulosic Biofuels, GHGs
NACS - The Association
for Convenience and Fuel Press Release E-15 Gasoline Rule EPA Chesapeake Bay
Retailing National Pork Producers Sign-On Letter,
Council Press Release Watershed Regulations,
E15 Gasoline Rule
NAFA Fleet Management
Association Press Release E-15 Gasoline Rule
National Stone, Sand & EPA Chesapeake Bay
Sign-On Letter
New Ozone Standards, Gravel Association Watershed Regulations
Utility MACT, Chesapeake
Bay Watershed Press Releases Water Quality, E15
Regulations, Boiler National Turkey Federation
National Association of Press Releases, Gasoline Rule
Manufacturers Sign on Letters MACT, GHGs, EPA Job
Killing Regulations, Natural Gas Supply
Overregulation, Section Sign-On Letter Greenhouse Gases
Association
404 Permit 71
TO EPA OVERREACH
NAME OF TRADE DOCUMENT ISSUE AREA OF EPA

ASSOCIATION TYPE OPPOSITION
WHAT TRADE ASSOCIATIONS ARE SAYING
National Emission ABOUT THE EPA TRAIN WRECK
Portland Cement Standard for Hazardous
Association Press Releases Air Pollutants, Cement
EPA Regulation “The costs incurred by utilities, refiners and manufacturers
The Alkylphenols &
to comply with GHG regulations will be passed along
EPA’s Screening Level
Ethoxylates Research Press Releases Review of NP/NPEs, NPEs to their customers, including farmers and ranchers,
Council in BP Oil Spill Dispersants increasing their fuel, fertilizer and energy costs. Unlike
The Brick Industry other types of businesses, farmers and ranchers have
Press Release Greenhouse Gases
Association much less ability to pass along such costs.”
— Bob Stallman, American Farm Bureau Federation
Sign-On Letter, EPA Chesapeake Bay
The Fertilizer Institute
Press Releases Watershed Regulations, President102
Climate Regulations,
NNC, Water Pollutants
“EPA is out of control and often acts as activists
rather than a taxpayer-funded government agency
New Air Regulations,
Chesapeake Bay that is expected to use sound science when imposing
The National Mining Press Releases, Watershed Regulations, regulations. We cannot allow EPA to jeopardize
Association Sign-On Letter Utility MACT, Section 404
Permit
economic growth by placing opinions over science.”
— Ashley Lyon, National Cattlemen’s Beef Association
Air Pollutants From Coal Deputy Environmental Counself103
and Oil-Fired Electric
Utility Steam Generating
Letters, Sign-On Units, PVC, Water “EPA is now imposing emission levels 5-12 times
U.S. Chamber of Commerce Letter Quality, GHG/Fuel stricter than Europe. Such excessive regulation will
Economy, TSCA, shift production, investment and jobs offshore to
Unfunded Mandates,
Overregulation, Coal Ash countries like China. Already the world’s largest
cement producer, China’s standards have a long way
U.S. Poultry & Egg
Press Releases Water Quality to go before they catch-up to what the U.S. has,
Association
even before these recent EPA regulations. In the
end, we don’t even improve air quality in the United
EPA Chesapeake Bay States, as their emissions will eventually reach us.”
United Egg Producers Sign-On Letter Watershed Regulations
—Aris Papadopoulos, Chair of the Portland Cement
Association104
United Soybean Board Press Releases Water Quality
72
APRIL 2012
TOOLS FOR STATE LEGISLATORS
There exist a number of tools at the disposal of state legislators Reason to introduce:
to make sure their state is heard in 2012 and beyond. This This is the most comprehensive ALEC resolution addressing
section provides an introduction to some of the approaches EPA overreach. It is important to get the state on record as
and language that have been utilized by state legislatures, and calling on Congress to stop the regulatory train wreck. It is
some new strategies being tested throughout the United States. needed to bolster allies in Congress and to show the EPA and the
It often seems fruitless for state legislators to push back against Administration that consequences will follow across the country
federal government overreach, but it is imperative that one uses if they refuse to pull back.
all of the tools possible in order to maintain the balance of power
between federal and state governments. RESOLUTION IN OPPOSITION TO THE EPA’S REGULATION
OF GREENHOUSE GASES FROM MOBILE SOURCES
Model Resolutions Addressing This resolution takes issue with the Supreme Court’s review of
EPA Overreach climate science and its ruling that the EPA has the authority to
regulate greenhouse gases under the Clean Air Act. It opposes
ALEC has a number of model resolutions that state legislators the EPA endangerment finding and regulation of mobile source
can introduce directly addressing the EPA regulatory train wreck. greenhouse gas emissions.
These resolutions are intended to push back against an ever-
expanding federal government and Administration. Reason to introduce:
Although the EPA is well under way in regulating greenhouse
RESOLUTION OPPOSING THE EPA’S REGULATORY TRAIN gases from mobile sources, introduction of this resolution
WRECK would provide an excellent vehicle to express dissatisfaction
of regulating greenhouse gases from mobile sources.
This resolution calls on Congress to slow and stop the EPA’s train
wreck. This resolution highlights the impact and scope of the RESOLUTION IN OPPOSITION OF CARBON DIOXIDE
EPA’s recent regulatory offensive. It also calls on Congress to STANDARDS
adopt legislation prohibiting the EPA by any means necessary
This resolution lays out the argument against mandatory or voluntary
from regulating greenhouse gases, impose a moratorium on any
carbon dioxide emission standards and the use of greenhouse gas
new air quality regulation for at least two years, and requires the
transferable credits as a tool for environmental policy or regulation.
Administration to undertake a multi-agency study identifying
The resolution also states that “state regulations of carbon dioxide
all EPA regulatory activity and the cumulative effect on the
emission standards for motor vehicles is tantamount to a state
economy, jobs, and American competitiveness.
version of federal fuel economy mandates that reduce consumer
73
choice by restricting production of larger, heavier vehicles that hazardous waste, and concludes that states are best positioned
provide more utility and passenger safety.” to serve as the principal regulatory authority for CCRs as non-
hazardous waste.
Reason to introduce:
Setting carbon dioxide standards will significantly and negatively Reason to introduce:
impact the state’s economy with little or no environmental The concern regarding EPA overreach into state regulatory
benefit. This is a powerful opposition statement regarding the affairs warrants the introduction of this resolution. In addition,
regulation of carbon dioxide. the overregulation of coal ash and impacts on electric reliability
and electricity rates merits a pushback from the states.
RESOLUTION ON BEST AVAILABLE CONTROL
TECHNOLOGY FOR COAL-BASED ELECTRIC GENERATION RESOLUTION IN OPPOSITION TO THE EPA’S PLAN TO
REGULATE GREENHOUSE GASES UNDER THE CLEAN
This resolution offers guidance to state regulatory agencies on AIR ACT
how to interpret “Best Available Control Technology” (BACT)
when issuing Prevention of Significant Deterioration permits for This resolution opposes the EPA’s endangerment finding
the BACT requirements for greenhouse gases from coal-based and any regulation of greenhouse gases, citing the massive
electric generation. The language expresses the need for new economic burden that would result and the global nature of
electric generation that is efficient and economically practicable. climate emissions.
It also encourages accommodation of highly efficient power
technologies, like super-critical and ultra-super-critical coal-fired Reason to introduce:
electric generating units, to serve the dual purpose of reducing This resolution is more comprehensive than the Resolution in
the overall emissions profile of the electricity generation unit Opposition to EPA’s Regulation of Greenhouse Gases from Mobile
while providing efficient, affordable, and available power today Sources, because it expresses opposition to the endangerment
and into the future. finding and all regulation of greenhouse gases. This year and next
will be critical years, in which the EPA will roll out regulations of
Reason to introduce: greenhouse gases. In addition, 2012 and 2013 will be filled with
Considering the extremely vague guidance offered by the EPA as to litigation surrounding every aspect of the endangerment finding
what constitutes “Best Available Control Technology,” legislatures and greenhouse gas regulation. It is imperative that states voice
should consider weighing in to prevent overly restrictive opposition to regulations that would significantly damage state
interpretations that could devastate investment and certainty. economies, grow federal influence within state borders, and
Also, this resolution is needed to be able to incorporate highly lead to little or no environmental benefit.
efficient and reliable technologies into the definition of BACT.
RESOLUTION TO RETAIN STATE AUTHORITY OVER
RESOLUTION TO RETAIN STATE AUTHORITY OVER COAL HYDRAULIC FRACTURING
ASH AS NON-HAZARDOUS WASTE
This resolution anticipates the EPA’s planned regulation of
This resolution supports the 2000 EPA determination that coal hydraulic fracturing. It explains that reservoirs producing oil and
combustion residuals do not warrant federal regulation as gas are highly variable geologically, and separated geographically
74
across the oil- and gas-producing states such that state regulatory is improved, not restricted; and continuing emission reduction
APRIL 2012
agencies are best suited, through local expertise and experience, progress is made while minimizing capital costs, rate increases,
to effectively regulate hydraulic fracturing. and other economic impacts while meeting public health and
environmental goals.
Reason to introduce:
The EPA is currently working on a federal regulatory framework Reason to introduce:
for hydraulic fracturing. To push back against federal overreach, This resolution pushes back against the implications of the
introduction of this resolution would influence the regulatory Cross-State Air Pollution Rule, the regulation of coal combustion
process and send a strong message that the state regulatory residuals, and the Utility MACT Rule that threaten the reliability
framework is adequate, and that the state should have and security of the nation’s energy supply. It sends a message to
sovereignty over state-specific energy development issues. Congress and the Administration that the state does not approve
of recent regulatory actions that threaten the ability of the state
RESOLUTION ON RESPONSIBLE RESOURCE to have affordable and reliable electricity generation.
DEVELOPMENT
RESOLUTION REQUESTING THAT THE FEDERAL
This resolution also focuses on the jurisdiction of regulating GOVERNMENT CONFER AND CONSULT WITH THE
hydraulic fracturing. It describes in detail the benefits of resource STATES ON MANAGEMENT OF PUBLIC LANDS AND
development in the states, and encourages responsible resource ENERGY RESOURCES
development practices, balanced efforts to ensure reliable U.S.
energy resources, and continued jurisdiction of the states to This resolution requests Congress and the Administration
appropriately regulate oil and gas production in their unique to acknowledge and respect the role of states in a federal
geological and geographical circumstances. constitutional republic. It calls on Congress and the
Administration to commit to greater consultation with the
Reason to introduce: states, and to recognize cost-benefit and job-impact analyses
This resolution asserts that states can effectively and safely extract must be addressed in order to understand how federal
and use resources within their borders. In order to preemptively regulations impact states and their respective citizens.
push back against potential federal regulation of hydraulic
fracturing, this resolution confirms that the state is the best entity Reason to introduce:
to deal with the unique characteristics within their state. Every year, the federal government further erodes state
sovereignty by handing down decisions on the use of energy on
RESOLUTION IN SUPPORT OF ENERGY SECURITY, public land. Introduction of this resolution demands a seat at the
PRODUCTION, DISTRIBUTION, ENVIRONMENTAL table when decisions are made at the federal level that affect
PROTECTION, AND ECONOMIC GROWTH IN THE U.S public land and energy development.
This resolution requests that Congress quickly pass legislation

and take other actions as necessary so that that the benefits of
coal-fire-generated electricity to Americans and state economies
are increased, not decreased; fuel diversity and grid reliability
75
Model Legislation Addressing Congressional consent assumes the force of federal law, and it
would displace the authority of the EPA to implement the portions
Regulatory Overreach
of the Clean Air Act covered by the compact. State sovereignty

to develop their own plans to meet air quality requirements, as
These model bills provide direct action against the EPA or explicitly outlined in the CAA, would be restored.
state-specific environmental regulatory activity by providing
accountability and transparency, and creating alliances among Reason to introduce:
the states. Full implementation of the compact, which requires Congressional
consent, is an admittedly uphill battle. Nonetheless, the compact
REGIONAL AIR QUALITY INTERSTATE COMPACT is still more than just stated opposition to the EPA Train Wreck.
It makes a compelling constitutional case for a viable solution
The Regional Air Quality Interstate Compact asserts the right demonstrating that state legislatures are serious about restoring
of states to retain authority over their own implementation state sovereignty and reason to air quality regulation. A broad
plans to enforce the Clean Air Act. The interstate compact coalition of states joined together would offer a proposal to
has throughout constitutional history been a tool for states to Congress directly from constituents to which it would have to
exercise joint authority over a common issue, and the Supreme respond. By taking this actionable step, state legislatures can
Court has held in recent decades that it can be an effective publicly address the federalism concerns raised by the actions
means for states to preserve their sovereignty and push back of the EPA.
against federal overreach.
CLIMATE ACCOUNTABILITY ACT
Under the cooperative federalism model established by the Clean
Air Act, the federal government traditionally defers enforcement This model bill requires that before implementation of any
of many air quality standards to states, which develop and submit government expenditure to reduce greenhouse gas emissions,
for approval their own State Implementation Plans. However, in the respective agency must provide the overall cost per ton of
the wake of the onslaught of rapidly enforced regulations, the carbon dioxide–equivalent to be achieved by the policy. This
EPA revoked the authority of eight states to develop SIPs and bill is designed to ensure that states receive the greatest return
imposed a Federal Implementation Plan. The EPA argued that possible on environmental expenditures.
states were not adapting their plans quickly enough to include
the new bevy of regulations, including regulations of greenhouse Reason to introduce:
gases that are not explicitly authorized by the Clean Air Act. Many states are passing and implementing laws to reduce
greenhouse gas emissions. If these efforts cannot be stopped,
The compact represents a direct attempt to combat the EPA on holding the programs designed to reduce these emissions
this particular legal issue — the violation of state sovereignty accountable and assessing their relative cost would shine a light
to implement CAA requirements through SIPs. It establishes on the expense of these activities and guide the process toward
a commission comprising representatives of joining states to less expensive alternatives.
develop non-binding common guidance for SIP enforcement of
the CAA. Per Supreme Court precedent, a compact that receives
76
CONDITIONING REGULATION OF NON-POLLUTANT STATE REGULATORY RESPONSIBILITY ACT
APRIL 2012
EMISSIONS ON SCIENCE ACT
This Act clearly establishes the role of a state environmental agency
This legislation requires a state environmental administrator when confronted with attempted intrusive and unauthorized
to perform an assessment prior to implementing regulation actions by the federal government. The purpose of the Act is
of an emission not explicitly listed as a “pollutant” under to ensure the division of governmental responsibilities between
the Clean Air Act. This includes a “regulatory right to the federal government and the states under the principles of
know” disclosure, to include: reasonable demonstration federalism, so those state agencies are free to implement their
that authority is necessary to protect public health or powers without unauthorized federal interference.
welfare; whether there is a significant impact on energy
availability or price; and if the regulation is feasible and Toward that end, the legislation establishes three policies.
superior to alternatives. First, the Act prevents a state agency from complying with a
federal requirement that is inconsistent with state law unless
Reason to introduce: the requirement is clearly expressed in a federal statute or
This legislation provides full disclosure and a proper rule, and is adopted pursuant to the Federal Administrative
procedure for regulating any pollutants not explicitly listed Procedures Act. Second, the Act precludes a state agency
under the Clean Air Act. States should be concerned with from allowing federal law to preempt state law unless the
the impact of such regulation on energy availability and state attorney general finds that such preemption is required.
price. This will provide proper consideration before moving Lastly, the Act prohibits state agencies from complying
forward with a regulation that has potentially damaging with any federal regulatory mandate or requirement unless
unintended consequences. adequate funds are provided, the state agency has express
state statutory authority to implement the program, and
ECONOMIC IMPACT STATEMENTS ACT the action does not conflict with state law. These provisions
ensure that the state does not accept unfunded mandates,
This bill is designed to provide environmental protection and has the authority to implement a delegated program
without compromising economic growth, by requiring an consistent with state law.
economic analysis of new environmental regulations. Key
components of the bill include: detailed short-term and long- Reason to introduce:
term projections of the economic effects of regulation, and This Act effectively pushes back against unfunded and
legislative review of regulators. unwarranted federal intervention in the states. The State
Regulatory Responsibility Act is one way to address the
Reason to introduce: federal government overstepping its bounds.
This bill is essential for states that want proper evaluation
of the economic costs of a proposed regulation. It will STATE SOVEREIGNTY THROUGH LOCAL
also allow for better decision making in deciding to COORDINATION ACT
implement a regulation that could have a major impact
on the state’s economy. This model legislation grants city and town governments the
authority to demand that the federal or state government 77
coordinate its law or regulation with that of the local State legislators should consider filing comments on
government when the federal or state government imposes a individual EPA rules. Although the Agency has proceeded
law or regulation more restrictive than local law or regulation. on an unnecessarily rapid path for regulating nearly every
According to American Stewards for Liberty, coordination is aspect of the economy, there are opportunities for state
mandated by federal law and “requires federal agencies to legislators to protect their constituents’ interests by filing
coordinate their plans, programs and management activities comments at www.regulations.gov. During 2012, ALEC will
with local governments.”105 provide updates to regulations and will identify and post
opportunities to comment at www.regulatorytrainwreck.
Reason to introduce: com.
This legislation is a powerful tool that can be used to protect
private property rights, productive uses of land, and local State legislators should write focused, joint letters to their
economies from burdensome government regulations. congressional delegations, particularly if your federal
representatives are on the fence about action to limit EPA’s
Other Avenues to Make agenda. For example, Wyoming’s Joint Minerals, Business
and Economic Development Interim Committee coauthored
Your Voice Heard a letter to their incoming and outgoing governors and
congressional delegation, asking them to “stand as one against
States should pursue all available legal means for opposing the efforts of the United States Environmental Protection
excessive EPA regulation, including filing appeals of EPA rules Agency (EPA) as they seek to regulate carbon dioxide and
or filing interventions of amicus briefs in the appropriate other greenhouse gases in the state of Wyoming.” On March
proceedings. As of last year, 18 states are party to a case 18, 2011, 20 governors sent a letter to President Obama
before the D.C. Circuit appeal on the EPA endangerment about the “unreasonably aggressive regulatory agenda being
finding and greenhouse gas regulations: TX, MI, HA, IN, KY, pursued by the U.S. Environmental Protection Agency.”
LA, NE, ND, OK, SC, SD, UT, MI, AK, FL, VA, AL, and GA. One
approach to this litigation, as proposed in New Hampshire Legislators should also consider holding oversight hearings
in 2011, would require incoming attorneys general to join over the EPA’s regulatory train wreck, including both regional
ongoing lawsuits over EPA regulation. and national EPA officials, as well as state administrators.
Another example of the success of pursuing legal options is As the media educates minds and minds inform policy, ALEC
the delay of the Cross-State Air Pollution Rule. The states members should attempt to inform the public by writing op-
of Alabama, Florida, Kansas, Nebraska, Oklahoma, South eds and pursuing other press opportunities to highlight the
Carolina, Texas, and Virginia, along with several private damage that this train wreck will cause to local economies.
companies, sued the EPA in federal court in order to halt Talking points for five of the major EPA regulations are
the implementation of this regulation. The rule was to be available at www.regulatorytrainwreck.com.
implemented on Jan. 1, 2012, but was stayed by the court
because of pending litigation.
78
APRIL 2012
GLOSSARY OF TERMS
ATTAINMENT AREA that the EPA must describe the characteristics and potential
An area considered to have air quality as good as or better health and welfare effects of these pollutants. It is on the basis
than the national ambient air quality standards as defined of these criteria that standards are set or revised.
in the Clean Air Act. An area may be an attainment area for
one pollutant and a non-attainment area for others. FEDERAL IMPLEMENTATION PLAN (FIP)
Under current law, a federally implemented plan to achieve
BEST AVAILABLE CONTROL TECHNOLOGY (BACT) attainment of air quality standards, used when a state is
An emission limitation based on the maximum degree of unable to develop an adequate plan.
emission reduction (considering energy, environmental,
and economic impacts) achievable through application of HAZARDOUS AIR POLLUTANT (HAP)
production processes and available methods, systems, and Air pollutants that are not covered by ambient air quality
techniques. BACT does not permit emissions in excess of standards, but which, as defined in the Clean Air Act,
those allowed under any applicable Clean Air Act provisions. may present a threat of adverse human health effects or
Use of the BACT concept is allowable on a case-by-case basis adverse environmental effects. Such pollutants include
for major new or modified emissions sources in attainment asbestos, beryllium, mercury, benzene, coke oven emissions,
areas, and applies to each regulated pollutant. radionuclides, and vinyl chloride.
CLEAN AIR ACT (CAA) MAJOR STATIONARY SOURCES

Enacted in 1970 and amended in 1977 and 1990, the CAA Term used to determine the applicability of Prevention of
requires industries to use various technologies to reduce Significant Deterioration and new source regulations. In a
air pollutants that contribute to acid rain and smog by nonattainment area, any stationary pollutant source with
establishing national ambient air quality standards. potential to emit more than 100 tons per year is considered
a major stationary source. In PSD areas, the cutoff level may
CRITERIA AIR POLLUTANT be either 100 or 250 tons, depending on the source.
The 1970 amendments to the Clean Air Act required the EPA
to set National Ambient Air Quality Standards for certain MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT)
pollutants known to be hazardous to human health. The EPA The emission standard for sources of air pollution requiring
has identified and set standards to protect human health the maximum reduction of hazardous emissions, taking
and welfare for six pollutants: ozone, carbon monoxide, total cost and feasibility into account. Under the Clean Air Act
suspended particulates, sulfur dioxide, lead, and nitrogen oxide. Amendments of 1990, the MACT must not be less than the
The term “criteria pollutants” derives from the requirement average emission level achieved by controls on the best-
79
performing 12 percent of existing sources, by category of PERMIT
industrial and utility sources. An authorization, license, or equivalent control document
issued by the EPA or an approved state agency to implement

MOBILE SOURCE the requirements of an environmental regulation; e.g.,
Any non-stationary source of air pollution such as cars, a permit to operate a wastewater treatment plant, or to
trucks, motorcycles, buses, airplanes, and locomotives. operate a facility that may generate harmful emissions.
NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) PREVENTION OF SIGNIFICANT DETERIORATION (PSD)
Standards established by EPA that apply for outdoor air EPA program in which state and/or federal permits are
throughout the country. required in order to restrict emissions from new or modified
sources in places where air quality already meets or exceeds
NATIONAL EMISSION STANDARDS FOR HAZARDOUS primary and secondary ambient air quality standards.
AIR POLLUTANTS
Emissions standards set by the EPA for an air pollutant not SCRUBBER
covered by NAAQS that may cause an increase in fatalities, An air pollution device that uses a spray of water or reactant,
or in serious, irreversible, or incapacitating illness. Primary or a dry process to trap pollutants in emissions.
standards are designed to protect human health, secondary
standards to protect public welfare (e.g., building facades, STATE IMPLEMENTATION PLAN (SIP)
visibility, crops, and domestic animals). EPA-approved state plans for the establishment, regulation,
and enforcement of air pollution standards.
NEW SOURCE PERFORMANCE STANDARDS (NSPS)
Uniform national EPA air emission and water effluent STATIONARY SOURCE
standards that limit the amount of pollution allowed from A fixed-site producer of pollution, mainly power plants and
new sources, or from modified existing sources. other facilities using industrial combustion processes.
NEW SOURCE REVIEW (NSR)

A Clean Air Act requirement that State Implementation
Plans must include a permit review that applies to the
construction and operation of new and modified stationary
sources in nonattainment areas, to ensure attainment of
national ambient air quality standards.
NONATTAINMENT AREA
An area that does not meet one or more of the National
Ambient Air Quality Standards for the criteria pollutants
designated in the Clean Air Act.
80
APRIL 2012
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38
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Cheryl K. Chumley. “Kentocuky Challenges EPA Restrictions on Mining.” Environment

61
Petroleum and Natural Gas Supply. Available at: http://205.254.135.7/forecasts/steo/
and Climate News. Jan. 2011. Available at: http://www.heartland.org/custom/ special/pdf/california.pdf
semod_policybot/pdf/28985.pdf
76
National Mining Association. Jobs and Plant Losses from EPA’s Proposed Air
“Fast Facts About Coal.” Available at: http://www.nma.org/statistics/fast_facts.asp
62
Regulations. Mar. 2011. Available at: http://www.wmc-usa.org/
IssuesStatements/2011FlyIn/NMA%20final%20report%20coal%20background.pdf
63
National Mining Association. “Jobs and Plant Losses from EPA’s Proposed Air
Regulations.” Mar. 2011. Available at: http://www.wmc-usa.org/ 77
Unions for Jobs and the Environment. Comments submitted to the U.S.
IssuesStatements/2011FlyIn/NMA%20final%20report%20coal%20background.pdf Environmental Protection Agency. Jul. 8, 2011. Unions for Jobs and the Environment.
Letter and analysis prepared for the U.S. EPA. Jul. 8, 2011: Available at: http://www.
“New rules would cut thousands of coal jobs.” The Charleston Gazette. Jan. 26, 2011.
64
instituteforenergyresearch.org/wp-content/uploads/2011/07/UJAE_MATS_
Available at: http://wvgazette.com/News/MiningtheMountains/201101280708?page= Comments_Final_0708111.pdf
2&build=cache
Congressional Budget Office. Prospects for Distributed Electricity Generation. Sep.
78
65
“Economic Analysis of Proposed Stream Protection Rule Stage 1 Report.” ENVIRON 2003. Available at: http://www.cbo.gov/publication/14750
International Corporation. Mar. 5, 2012. Available at: http://nma.org/pdf/
tmp/030612_ENVIRON_study.pdf 79
Alpha Natural Resources. Press Release regarding adjustments to coal production.
Feb. 3, 2012. Available at: http://alnr.client.shareholder.com/releasedetail.
National Mining Association. “Mountaintop Mining Fact Book.” Mar. 2009. Available
66
cfm?ReleaseID=646151 83
IHS Global Insight. The Economic Impact of the Proposed EPA Boiler/Process Heater
80
Indiana State Building and Construction Trades Council. Letter to EPA Administrator
93
MACT Rule on Industrial, Commercial, and Institutional Boiler and Process Heater on the regulation of coal ash. Nov. 19, 2010. Available at: http://www.uswag.org/
Operators. Aug. 2010. Available at: http://www.cibo.org/pubs/boilermact_jobsstudy. pdf/2010/CCR%20Comments/ISBCT11192010.pdf

pdf
Indiana House of Representative Resolution opposing the numerous new regulations
94
Beshear Campaign Responds with TV Ad Highlighting Lawsuit over EPA Regulations”.

81
proposed by the United States Environmental Protection Agency. 2011. Available at:
Oct. 3, 2011. Available at: http://mycn2.com/politics/beshear-campaign-responds- http://www.in.gov/legislative/bills/2011/PDF/HRESP/HR0013.pdf
with-tv-ad-highlighting-lawsuit-over-epa-regulations
Wyoming Legislature Resolution. 2011. Available at: http://legisweb.state.wy.
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82
National Association of Regulatory Utility Commissioners. Resolution on the Role of us/2011/Engross/SJ0006.pdf
State Regulatory Policies in the Development of Federal Environmental Regulations.
Jul. 18, 2007. Available at: http://www.naruc.org/Resolutions/Resolution%20on%20 96
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of%20Fed%20Enviro%20Regs.pdf Available at: http://house.mo.gov/billtracking/bills111/billpdf/intro/HCR0042I.PDF
Mine Union Boss: Coal Industry Could Suffer Same Fate as Bin Laden.” The Hill. Apr.
83
Letter to the EPA regarding regulation of coal combustion waste. Pennsylvania
97
4, 2012. Available at: http://thehill.com/blogs/e2-wire/e2-wire/219919-mine-union- Department of Environmental Protection. Apr. 10, 2009. Available at: http://www.
chief-coal-industry-could-suffer-same-fate-as-osama-bin-laden uswag.org/pdf/2009/PADEP.pdf
West Virginia’s Latest Plan to Avoid Federal Regulation”. Jan. 18, 2011. Available at:
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Comments on EPA regulation of coal combustion residuals. South Carolina Office of
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http://www.mnn.com/earth-matters/politics/blogs/west-virginias-latest-plan-to- Regulatory Staff. Nov. 19, 2010. Available at: http://www.uswag.org/pdf/2010/

avoid-federal-regulation CCR%20Comments/SCORS112010.pdf
Pennsylvania Public Utility Commission. Letter to EPA Administrator. Sept. 7, 2010.

85
Press release regarding EPA Utility Regulation. National Association of
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pdf Articles/2011/08/Manufacturers-EPA-Utility-Regulation-Will-Cost-Jobs.aspx
Governors’ coalition letter to President Barack Obama. Mar. 18, 2011. Available at
86
Press release regarding a new study showing EPA’s Boiler MACT Rule would destroy
100
http://republicans.energycommerce.house.gov/Media/file/ Tens of Thousands of Jobs. American Forest and Paper Association. Aug. 31, 2010.
Letters/112th/032111Obama.pdf Available at: http://www.afandpa.org/pressreleases.aspx?id=1545
Joe Manchin. “Coal Ash a Beneficial Resource if Safety Concerns Are Put First.”
87
American Petroleum Institute. “Study: EPA Gasoline Regulations could raise costs by
101
Huntington News. Feb. 13, 2010. Available at http://archives.huntingtonnews.net/ 25 cents per gallon”. Jul. 29, 2011. Available at: http://www.api.org/News-and-Media/
columns/100213-manchin-columnscoalash.html News/NewsItems/2011/jul-2011/study-epa-gasoline-regulations.aspx
Letter to the U.S. Environmental Protection Agency. Oct. 9, 2009. National League of
88
American Farm Bureau Federation. “AFBF Backs Bills to Preempt EPA Greenhouse
102
Cities. Available at: http://www.nlc.org/File%20Library/Influence%20Federal%20 Gas Regs”. Mar. 3, 2011. Available at: http://www.fb.org/index.php?action=newsroom.
Policy/Advocacy/Regulatory/nlc-comments-coal-combustion-residuals-oct2009.pdf news&year=2011&file=nr0303c.html
Council of State Governments. Southern Legislative Conference. Memphis, Tenn., Jul.

89
National Cattlemen’s Beef Association. “NCBA: House Votes to Curtail EPA’s
103
19, 2011. Available at: http://www.slcatlanta.org/policy_positions/2011/2011-1-EPA_ Overregulation”. Jul. 14, 2011. Available at: http://www.beefusa.org/newsreleases1.
Regulations.pdf aspx?NewsID=368
Letter to the U.S. EPA. September 2, 2010. Available at: http://www.uswag.org/

90
Portland Cement Association. “Economic Study Details Cumulative Impact of
104
pdf/2010/CCR%20Comments/UJAE9022010.pdf Regulations”. Mar. 15, 2011. Available at: http://www.cement.org/newsroom/Job_

Report_031511.asp
International Brotherhood of Electrical Workers, on the Need for Legislative Action to
91
Phase In EPA Regulations of the Clean Air Act. Press Release. May 16, 2011. Available American Stewards for Liberty Coordination Strategy. Available at: http://
105
at: http://www.ibew.org/articles/11daily/1105/110516_EPAStmtFF.pdf americanstewards.us/coordination/coordination-main-page
President Roberts’ statement re: EPA veto of Spruce #1 mine permit. Jan. 13, 2011.
92
Available at: http://www.umwa.org/?q=news/president-roberts-statement-re-epa-

84 veto-spruce-1-mine-permit
1101 Vermont Ave., NW, 11th Floor • Washington, D.C. 20005

85
P: (202) 466-3800 • F: (202) 466-3801 • www.alec.org
5/31/2016 ALEC Encourages Responsible Resource Production - American Legislative Exchange Council
www.alec.org
R E G U L AT O R Y R E F O R M
ALEC Encourages Responsible Resource

Production
TODD WYNN / MARCH 1, 2012
North America’s abundance of recoverable natural gas offers great opportunities for
economic development and it has thus attracted a broad and diverse coalition of
supporters. Though they differ in their respective approaches to developing the energy
source, President Obama, members of Congress in both parties, bipartisan coalitions in the
states and members of the environmental community have all expressed a desire to
advance policies which allow for the natural gas industry to ourish.
Hydraulic fracturing, also known as “fracking”, involves using water pressure to break up
shale formations and stimulate the ow of natural gas. The increasing use of hydraulic
fracturing to recover previously inaccessible natural gas resources has led policy makers
and the public to examine the need to update existing regulatory schemes. Although
reports show the environmental impact is minimal or non-existent, policy makers want to
ensure the public that any potential impact will be addressed through the thoughtful
development of sensible regulations that ensure responsible gas extraction. ALEC supports
responsible resource production in the states and maintains that regulatory efforts should
be the continued jurisdiction of the states as each state has unique geological and
geographical circumstances.
https://www.alec.org/article/alec-encourages-responsible-resource-production/ 1/3
ALEC has been at the forefront of the effort to retain state sovereignty over hydraulic
fracturing, and our recently adopted model bill, the Hydraulic Fracturing Fluid Disclosure
Composition Act, aims to preempt the promulgation of duplicative, burdensome federal
regulations from U.S. Environmental Protection Agency (EPA). The bill requires companies
to post the composition of their fracking uid on a publicly accessible website in an effort
to provide transparency on the chemicals used in the drilling process which supplement
the water and improve the technique.
Texas became the rst state to enact the bill in 2011. In December of 2011, it was
approved as an ALEC model bill by the Legislative Board of Directors soon thereafter.
States across the nation are assessing their own regulatory needs and this has led many to
take up ALEC’s model bill. Pennsylvania has followed this year in a broadly supported,
bipartisan comprehensive reform, and four other states – Illinois, Indiana, New York and
Ohio – have introduced versions of the bill for consideration this session. In some states,
including Wyoming, the issue has been addressed through existing regulatory programs,
and in nearly all of the states with signi cant hydraulic fracturing, the state itself is working
to make the necessary regulatory improvements to bolster the industry while safeguarding
the environment.
Nevertheless, EPA is pressing forward in developing federal hydraulic fracturing

regulations, and while the speci c content of the regulations are not yet released, reports
have indicated that the scheme will include hydraulic fracturing uid disclosure. In the last
State of the Union address, President Obama also mentioned this intent by stating “…I’m
requiring all companies that drill for gas on public lands to disclose the chemicals they use.”
Duplicative and unnecessary federal regulations over natural gas have proven to be a
strong deterrent to development. Hydraulic fracturing is already transforming job markets
in areas of the country that are in dire need yet it is critical that EPA reserve regulation of
hydraulic fracturing for the states. This will accomplish the same regulatory goals in a less
burdensome way while allowing for states to address any environmental concerns that are
unique to their own state.
Published: March 1, 2012
Issues: Regulatory Reform, Agriculture, Environmental Stewardship, Energy
Categories: Uncategorized Tags: Energy, EPA
5/31/2016 OpenSecrets: Specific Issue
Specific Issues Reports for S.2280 by Exxon Mobil, 113th Congress
Report Content of Specific Issue field

Issues related to the approval of the Keystone Pipeline; S. 2280, a bill to approve the Keystone
XL Pipeline; S. 2554, Keystone XL Pipeline Approval Act; Issues related to Energy Sanctions
in the Ukraine and Russia - S. 2828, Ukraine Greedom Support Act of 2014; Issues related to
liquefied natural gas (LNG) exports - H.R. 6, Domestic Prosperity and Global Freedom Act, S.
2083, American Job Creation and Strategic Alliances LNG Act; Issues related to rail safety - S.
2547, RESPONSE Act of 2014
in the Ukraine and Russia - S. 2828, Ukraine Greedom Support Act of 2014; Issues related to
liquefied natural gas (LNG) exports - H.R. 6, Domestic Prosperity and Global Freedom Act, S.
2083, American Job Creation and Strategic Alliances LNG Act; Issues related to the Renewable
Fuels Standard - H.R. 1461, Renewable Fuel Standard Elimination Act, H.R. 1462, RFS Reform
Act of 2013; Issues related to rail safety - S. 2547, RESPONSE Act of 2014
HR 4996: Energy Markets Emergency Act; provisions related to energy HR 5021: Highway and
Transportation Funding Act of 2014; provisions related to energy S. 2280: A bill to approve the
Keystone XL Pipeline; all provisions of the billS. 2548: A bill to require the Commodity Futures
Trading commission to take certain emergency action to eliminate excessive speculation in
energy markets; provisions related to energy 79 Fed. Reg. 45015: Notice of Proposed
Rulemaking for hazardous materials; Enhance Car Standards and Operational Controls for high-
hazard flammable trains; provisions related to rail safety Discussions related to rail safety and
highway funding
S. 2280 - Keystone XL Pipeline
Issues related to energy policy. Discussions related to LNG exports. Issues related to the
Keystone XL Pipeline; A bill to approve the Keystone XL Pipeline, S.2280.
in the Ukraine and Russia;Issues related to liquefied natural gas (LNG) exports - H.R. 6,
Domestic Prosperity and Global Freedom Act, S. 2083, American Job Creation and Strategic
Alliances LNG Act; Issues related to the Renewable Fuels Standard - H.R. 1461, Renewable
Fuel Standard Elimination Act, H.R. 1462, RFS Reform Act of 2013; Issues related to Rail
Safety - S. 2547, RESPONSE Act of 2014
HR 6: Domestic Prosperity and Global Freedom Act; provisions related to energy HR 1461:
Renewable Fuel Standard Elimination Act; provisions related to energy HR 1462: RFS Reform
Act of 2013; provisions related to energy HR 2126: Energy Efficiency Improvement Act of
2014; provisions related to energyHR 2641: Responsibility and Professionally Invigorating
Development (RAPID) Act of 2014; provisions related to energy HR 3301: North American
Energy Infrastructure Act; provisions related to energy HR 3696: National Cybersecurity and
Critical Infrastructure Protection Act of 2013; provisions related to energy HR 3826: Electricity
Security and Affordability Act; provisions related to energy HR 3830: Bipartisan Congressional
Trade Priorities Act of 2014; provisions related to energy HR 4007: The Chemical Facility Anti-
Terrorism Standards Program Authorization and Accountability Act of 2014; provisions related
to energy HR 4012: Secret Science Reform Act of 2014; provisions related to energy HR 4139:
American Job Creation and Strategic Alliances LNG Act; provisions related to energy HR 4957:
Commonsense Legislative Exceptional Events Reforms (CLEER) Act of 2014; provisions
http://www.opensecrets.org/lobby/specissue.php?bid=s2280-113&id=d000000129&name=Exxon+Mobil&year=2014 1/2
5/31/2016 OpenSecrets: Specific Issue
related to revenue and funding S. 192: Expedited LNG for American Allies Act of 2013;
provisions related to exports S. 582: A bill to approve the Keystone XL Pipeline; provisions
related to the Keystone XL Pipeline S. 1029: Regulatory Accountability Act of 2013; provisions
related to energy S. 1397: Federal Permitting Improvement Act of 2013; provisions related to
energy S. 1482: Empower States Act of 2013; all provisions of bill S. 1905: Electricity Security
and Affordability Act; provisions related to energy S. 2074: Energy Savings and Industrial
Competitiveness Act of 2014; provisions related to energy S. 2083: American Job Creation &
Strategic Alliances LNG Act; provisions related to energy S. 2262: Energy Savings and
Industrial Competitiveness Act of 2014; provisions related to energy S. 2274: A bill to expedite
decisions on applications for authorization to export natural gas, and for other purposes;
provisions related to exports S. 2277: Russian Aggression Prevention Act of 2014; provisions
related to sanctions S. 2280: A bill to approve the Keystone XL Pipeline; provisions related to
pipelines S. Con. Res. 21: A concurrent resolution expressing the sense of Congress that
construction of the Keystone XL pipeline and the Federal approvals required for the
construction of the Keystone XL pipeline are in the national interest of the United States; all
provisions of the resolution Discussions related to Hydraulic Fracturing Discussions related to
LNG exports Discussions related to Crude by Rail Discussions related to government energy
statistics Discussions related to the Toxic Substances Control Act Discussions related to the
Trans-Pacific Partnership
HR 4996: Energy Markets Emergency Act; provisions related to energy HR 5021: Highway and
Transportation Funding Act of 2014; provisions related to energy H.R. 5682: To Approve the
Keystone XL Pipeline; all provisions of the bill S. 2280: A bill to approve the Keystone XL
Pipeline; all provisions of the bill S. 2548: A bill to require the Commodity Futures Trading
commission to take certain emergency action to eliminate excessive speculation in energy
markets; provisions related to energy S. 2784: Rail Safety Improvement Act of 2014; provisions
related to transportation Discussions related to Transportation Reauthorization, rail safety and
transit project funding Discussions related to rail safety
Close this window
http://www.opensecrets.org/lobby/specissue.php?bid=s2280-113&id=d000000129&name=Exxon+Mobil&year=2014 2/2
5/31/2016 The Keystone XL – Excuses for Inaction Are Disappearing Fast - American Legislative Exchange Council
www.alec.org
ENERGY
The Keystone XL – Excuses for Inaction Are

Disappearing Fast
FEBRUARY 15, 2013
By Karla Jones
Rarely has a U.S. President been faced with a decision where the bene ts of con rmation
are so immediate, wide-ranging and positive and the consequences of rejection so severe.
The Keystone XL Pipeline awaiting the President’s approval through Presidential Permit is
just such an opportunity. Over a year has passed since the President rst rejected the
Keystone XL application basing it on concerns over the original route through Nebraska’s
Sand Hills. A new route was proposed and Nebraska’s Department of Environmental
Quality (NDEQ) issued a report evaluating it. The report con rms that the new route
avoids many of the most ecologically sensitive areas of the original and observed that,
“Construction and operations of the proposed Keystone XL Pipeline, with the mitigation
and commitments … could have minimal environmental impacts in Nebraska.” Based on the
study, Nebraska Governor Dave Heineman recently approved the new route, removing
what should be the nal barrier to Presidential approval of an application that has been
under consideration for over 1,600 days.
This shovel-ready project could put thousands of Americans back to work over two
years. These jobs are in construction and manufacturing – sectors that have been
especially hard hit. Additional indirect jobs are likely to be created in other sectors
including service, retail and distribution, and while there is disagreement over exactly how
https://www.alec.org/article/the-keystone-xl-excuses-for-inaction-are-disappearing-fast/ 1/3
many jobs the pipeline will create, even the most pessimistic studies agree that approval
will result in net job creation. The NDEQ report estimates that construction of the pipeline
would support up to 4,560 new or existing jobs and result in $418.1 million in economic
bene ts in the state of Nebraska alone. Turning these jobs away when the national
unemployment rate is still unacceptably high is a luxury our nation cannot afford.
The Keystone XL pipeline will enhance American energy security. Canada is already our
largest supplier of imported oil, and the U.S. is Canada’s largest export market for its crude.
A report commissioned by the U.S. Department of Energy suggested that rejection of the
Keystone XL would lead to more Canadian oil shipments to Asia and “substantially higher
US dependency on crude oils from [the Middle East and Africa]”. With increasing instability
in many oil producing regions around the world, increasing our reliance on Canadian oil is
in America’s national security interest and will strengthen our ties to our largest trading
partner and one of our most vital, strategic allies – Canada.
The Keystone XL pipeline is environmentally sound. The environmental impact statement

released by the U.S. Department of State in August 2011 found that the pipeline will “have
a degree of safety over any other typically constructed oil pipeline under current code and
a degree of safety along the entire length of the pipeline system similar to that which is
required in High Consequence Areas.” The State Department is expected to release a study
on the pipeline’s new route sometime after March 2013. This report will consider the
NDEQ analysis and should not differ materially from the rst. The Keystone XL is a safe
pipeline while tankers carrying Canadian oil to Asia could potentially pose greater
environmental hazards.
Keystone XL approval will not increase American reliance on fossil fuels. Our oil imports
have dropped from 8.9 million barrels/day in 2011 to 8.7 in August 2012, and the
International Energy Agency expects US oil consumption to fall to 5 million barrels/day by
2035 whether the Keystone XL is approved or not. Nevertheless, the U.S. will be
dependent on oil for the foreseeable future, and Canada is a reliable source for oil.
Canada will not wait for us inde nitely. Alberta’s oil sands will be developed, and we can
share in the bene ts of their development or watch as other countries reap the rewards.
The oil sands are the world’s second largest petroleum reserves, and in an increasingly
energy-hungry world, Canada has no shortage of potential markets, including China, the
world’s largest energy consumer. Proposals that would transport Alberta’s oil west to the
Paci c Ocean include the Northern Gateway project and expansion of the Trans Mountain
Pipeline. Pumping the oil east to the Atlantic Coast is also being discussed.
It’s time for the President to approve the Keystone XL Project thus taking advantage of an
opportunity that will create American jobs, enhance U.S. energy security, have minimal
environmental impact along its route and avoid unnecessarily straining U.S.-Canada
Relations.
Published: February 15, 2013
Issues: Energy, Federalism, Intellectual Property, International Trade, Education
Categories: Uncategorized
Tags: Canada, Energy, International Relations, International Trade, Keystone XL
5/31/2016 Resolution in Support of the Keystone XL Pipeline - American Legislative Exchange Council
www.alec.org
RESOLUTION IN SUPPORT OF THE

KEYSTONE XL PIPELINE
Policy Status
Date Amended: January 1, 2012
Issues
Environmental Stewardship
Energy
Education
Tax Reform
Task Forces
Federalism and International Relations
RESOLUTION IN SUPPORT OF THE KEYSTONE XL PIPELINE
https://www.alec.org/model-policy/resolution-in-support-of-the-keystone-xl-pipeline/ 1/3
WHEREAS, The United States relies – and will continue to rely for many years – on
gasoline, diesel and jet fuel despite the recent focus on renewable and alternative sources
of energy, and
WHEREAS, In order to fuel our economy, the United States will need more oil and natural
gas while also requiring additional alternative energy sources.
WHEREAS, The United States currently depends on foreign imports for more than half of
its petroleum usage, and is the largest consumer of petroleum in the world, U.S.
dependence on overseas oil has created dif cult geopolitical relationships with potentially
damaging consequences for our national security; and
WHEREAS, oil deposits in the Bakken Reserves of Montana, North Dakota, and South
Dakota are an increasingly important crude oil resource; and an estimated 11 billion
barrels of recoverable crude oil, and there is not enough pipeline capacity for crude oil
supplies from Montana, North Dakota, South Dakota, Oklahoma and Texas to American
re neries; and
WHEREAS, Canadian oil reserves contain an estimated 173 billion barrels of recoverable
oil; and . Canada is the single largest supplier of oil to the United States at 2.62 million
barrels per day and has the capacity to signi cantly increase that rate; and
WHEREAS, the Keystone XL pipeline will, when completed, carry 700,000 barrels of
North American crude oil to American re neries in the Gulf Coast region; and
WHEREAS, construction of the project will create 120,000 jobs nationwide including
20,000 in construction and manufacturing, create $20 billion in economic growth and
generate millions of dollars worth of government receipts; and
WHEREAS, A recent study by the U.S. Department of Energy found that increasing
delivery of crude oil from Montana, North Dakota, South Dakota and Alberta, as well as
Texas and Oklahoma to American re neries has the potential to substantially reduce our
country’s dependency on sources outside of North America; and
WHEREAS, Canada sends more than ninety-nine percent of its oil exports to the United
States, the bulk of which goes to Midwestern re neries; and oil companies are investing
huge sums to expand and upgrade re neries in the Midwest and elsewhere to make
gasoline and other re ned products from Canadian oil derived from oil sands; and the
expansion and upgrade projects will create many new construction jobs over the next ve
years and substantially add to the gross product of [insert state] ; and
WHEREAS, Ninety percent of the money used to buy Canadian oil will likely later be spent
directly on U.S. goods and services in contrast with increasing the trade relationship with
unstable regions. Supporting the continued shift towards reliable and secure sources of
North American oil is of vital interest to the United States and the state of {insert state}.
NOW THEREFORE BE IT RESOLVED, That we, the members of the {insert legislative
body} of the state of {insert state}, support continued and increased development and
delivery of oil derived from North American oil reserves to American re neries; urge
Congress to support continued and increased development and delivery of oil from
Canada to the United States;, and urge Congress to ask the U.S. Secretary of State to
approve the Keystone XL pipeline project that has been awaiting a presidential permit
since 2008 to ensure America’s oil independence, improve our national security, reduce
the cost of gasoline, create new jobs, and strengthen ties between the United States and
Canada ; and
BE IT FURTHER RESOLVED, That the Clerk of the {insert legislative body} transmit duly
authenticated copies of this resolution to the Speaker and Clerk of the United States
House of Representatives, to the President Pro Tempore and Secretary of the United
States Senate, to the members of the {insert state) Congressional delegation, and to the
news media of {insert state}.
Approved by ALEC Board of Directors on January 2012.
5/31/2016 SR 3 (As Introduced) - 2013 Regular Session
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Rules
By: Senator(s) Brown, Watson, Parker, Tindell, Burton, Fillingane,
Massey, Ward
Senate Resolution 3
A RESOLUTION URGING THE UNITED STATES DEPARTMENT OF STATE TO APPROVE
THE TRANSCANADA KEYSTONE XL PIPELINE PRESIDENTIAL PERMIT APPLICATION.
WHEREAS, the United States accounts for 20% of world energy
consumption and is the world's largest petroleum consumer. The United
States consumes 18.8 million barrels of oil each day — forecasts
suggest this will not change for decades. Current imports amount to
over 8 million barrels each day, approximately 50% of the United
States' requirements; and
WHEREAS, even with new technology, oil discoveries, alternative
fuels and conservation efforts, the United States will remain
dependent on imported energy for decades to come. A secure supply of
crude oil is not only needed for Americans to continue to heat their
homes, cook their food, and drive their vehicles, but to allow the
United States economy to thrive and grow free from the potential
threats and disruptions of crude oil supply from less secure parts of
the world; and
WHEREAS, the growing production of conflictfree oil from
Canada's oil sands and the Bakken formation in Saskatchewan, Montana,
North Dakota and South Dakota can replace crude imported from
countries that do not share American values, additional pipeline
capacity to refineries in the United States Midwest and Gulf Coast is
required; and
WHEREAS, increasing energy imports from Canada makes sense for
the United States. Canada is a trusted neighbor with a stable
democratic government, strong environmental standards equal to that of
http://billstatus.ls.state.ms.us/documents/2013/html/SR/SR0003IN.htm 1/4
the United States, and some of the most stringent human rights and
worker protection legislation in the world; and
WHEREAS, improvements in production technology continue to reduce
the carbon footprint of Canadian oil sands development. Oil sands
production accounts for 6.5% of Canada's greenhouse gas (GHG)
emissions and 0.1% of global GHG emissions. Total emissions from
Canada's oil sands sector was 45 megatons in 2009, equivalent to 3.5%
of emissions from United States coalfired power generation in the
same year. Oil sands crude has similar C02 emissions to other heavy
oils and is 6% more carbonintensive than the United States crude
supply average on a wellstowheels basis; and
WHEREAS, the 58 refineries in the Gulf Coast region provide a
total refining capacity of approximately 8.4 million bpd, or nearly
half of United States refining capacity. In 2009, these refineries
imported approximately 5 million bpd of crude oil from more than 40
countries, with the top four suppliers being Mexico (21%), Venezuela
(17%), Saudi Arabia (12%) and Nigeria (11%). Imports from Mexico and
Venezuela are declining as production from those countries decreases
and supply contracts expire. Once completed, TransCanada's Keystone
XL and Gulf Coast Expansion projects could displace roughly 40% of the
oil the United States currently imports from the Middle East and
Venezuela; and
WHEREAS, the KXL pipeline project, which has been subject to the
most thorough public consultation process of any proposed United
States pipeline, and the subject of multiple environmental impact
statements and several United States Department of State studies, have
concluded that it poses the least impact to the environment and is
much safer than other modes of transporting crude oil; and
WHEREAS, pipelines are the safest method for the transportation
of petroleum products when compared to other methods of
transportation. Pipelines are 40 times safer than moving crude oil by
rail and 100 times safer than transporting by truck. Keystone XL will
replace the equivalent of a tanker train 25 miles long, or 200 ocean
tankers per year. This will reduce greenhouse gas emissions by as
much as 19 million tons, or the equivalent of taking almost 4 million
cars off the road; and
WHEREAS, the Keystone XL project will support over 10,000 jobs in
the United States — construction and manufacturing — representing work
for pipefitters, welders, electricians, heavy equipment operators and
other sectors in virtually every state in the United States. Seventy
five percent of the pipe used to build Keystone XL in the United
States will come from North American mills, including half being made
by United States workers. Goods for the pipeline valued at
approximately $800 Million have already been sourced from United
States manufacturers:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF
MISSISSIPPI, That we do hereby urge the United States Department of
State to approve the Presidential Permit application allowing the
construction and operation of the TransCanada Keystone XL Pipeline
between the United States and Canada; to strengthen United States
energy security; to provide for critical pipeline infrastructure to
achieve North American energy independence; and to stimulate the
economy and create jobs.
BE IT FURTHER RESOLVED, That this resolution be transmitted to
the President of the United States, the United States Secretary of
State, members of the Mississippi congressional delegation and the
Governor, and be made available to the Capitol Press Corps.
5/31/2016 HF 987 Status in the House for the 88th Legislature (2013 - 2014)

Minnesota House of Representatives
HF 987 Status in the House for the 88th Legislature (2013 2014)
Current bill text: As Introduced Companion: SF479; Revisor number: 131671
Senate Search
Long Description Further Committee Actions House Research Summary
Description
TransCanada Keystone XL Pipeline; a resolution urging the President and the United States Department of
State to approve the Presidential Permit application allowing the construction and operation of the TransCanada
Keystone XL Pipeline between the United States and Canada.
Authors
Franson ; Nornes ; Fabian ; Quam ; Swedzinski
Actions
House
02/28/2013 Introduction and first reading, referred to Environment and Natural Resources Policy
pg. 521 Intro
https://www.revisor.mn.gov/bills/bill.php?b=house&f=HF987&ssn=0&y=2013 1/1
5/31/2016 SC 543 (As Introduced) - 2013 Regular Session
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Rules
By: Senator(s) Watson, McDaniel, Doty, Hill, Tindell, Sojourner, Lee,
Montgomery, Smith, Wiggins, Massey, Jackson (15th), Polk, Moran,
Gandy, Harkins
Senate Concurrent Resolution 543
A CONCURRENT RESOLUTION URGING THE U.S. DEPARTMENT OF STATE TO APPROVE
THE TRANSCANADA KEYSTONE XL PIPELINE PRESIDENTIAL PERMIT APPLICATION.
WHEREAS, the United States accounts for 20% of world energy
consumption and is the world's largest petroleum consumer. The U.S.
consumes 18.8 million barrels of oil each day — forecasts suggest this
will not change for decades. Current imports amount to over eight
million barrels each day, approximately 50% of the United States'
requirements; and
WHEREAS, even with new technology, oil discoveries, alternative
fuels and conservation efforts, the U.S. will remain dependent on
imported energy for decades to come. A secure supply of crude oil is
not only needed for Americans to continue to heat their homes, cook
their food and drive their vehicles, but to allow the U.S. economy to
thrive and grow free from the potential threats and disruptions of
crude oil supply from less secure parts of the world; and
WHEREAS, the growing production of conflictfree oil from
Canada's oil sands and the Bakken formation in Saskatchewan, Montana,
North Dakota and South Dakota can replace crude imported from
countries that do not share American values, additional pipeline
capacity to refineries in the U.S. Midwest and Gulf Coast is required;
and
WHEREAS, increasing energy imports from Canada makes sense for
the United States. Canada is a trusted neighbor with a stable
democratic government, strong environmental standards equal to that of
the U.S., and some of the most stringent human rights and worker
http://billstatus.ls.state.ms.us/documents/2013/html/SC/SC0543IN.htm 1/3
protection legislation in the world; and
WHEREAS, improvements in production technology continue to reduce
the carbon footprint of Canadian oil sands development. Oil sands
production accounts for 6.5% of Canada's greenhouse gas (GHG)
emissions and 0.1% (1/1000th) of global GHG emissions. Total
emissions from Canada's oil sands sector was 45 megatons in 2009,
equivalent to 3.5% of emissions from U.S. coalfired power generation
in the same year. Oil sands crude has similar C02 emissions to other
heavy oils and is 6% more carbonintensive than the U.S. crude supply
average on a wellstowheels basis; and
WHEREAS, the 58 refineries in the Gulf Coast region provide a
total refining capacity of approximately 8.4 million bpd, or nearly
half of U.S. refining capacity. In 2009, these refineries imported
approximately 5 million bpd of crude oil from more than 40 countries,
with the top four suppliers being Mexico (21%), Venezuela (17%), Saudi
Arabia (12%) and Nigeria (11%). Imports from Mexico and Venezuela are
declining as production from those countries decreases and supply
contracts expire. Once completed, TransCanada's Keystone XL and Gulf
Coast Expansion projects could displace roughly 40% of the oil the
U.S. currently imports from the Middle East and Venezuela; and
WHEREAS, the KXL pipeline project, which has been subject to the
most thorough public consultation process of any proposed U.S.
pipeline, and the subject of multiple environmental impact statements
and several U.S. Department of State studies, have concluded that it
poses the least impact to the environment and is much safer than other
modes of transporting crude oil; and
WHEREAS, pipelines are the safest method for the transportation
of petroleum products when compared to other methods of
transportation. Pipelines are 40 times safer than moving crude oil by
rail and 100 times safer than transporting by truck. Keystone XL will
replace the equivalent of a tanker train 25 miles long, or 200 ocean
tankers per year. This will reduce greenhouse gas emissions by as
much as 19 million tons, or the equivalent of taking almost 4 million
cars off the road; and
WHEREAS, the Keystone XL project will support over 10,000 jobs in
the U.S. — construction and manufacturing — representing work for
pipefitters, welders, electricians, heavy equipment operators and
other sectors in virtually every state in the U.S. 75% of the pipe
used to build Keystone XL in the U.S. will come from North American
mills, including half being made by U.S. workers. Goods for the
pipeline valued at approximately $800 Million have already been
sourced from U.S. manufacturers:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF
MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we
do hereby urge the Department of State to approve the Presidential
Permit application allowing the construction and operation of the
TransCanada Keystone XL Pipeline between the United States and Canada;
to strengthen U.S. energy security; to provide for critical pipeline
infrastructure to achieve North American energy independence; and to
stimulate the economy and create jobs.
BE IT FURTHER RESOLVED, That this resolution be transmitted to
the President of the United States, the United States Secretary of
State, members of the Mississippi congressional delegation and the
Governor, and be made available to the Capitol Press Corps.
5/31/2016 Keystone Academy: Where Legislators Learn the Etiquette of Serving Special Interests | PR Watch
MENU
Keystone Academy: Where Legislators

Learn the Etiquette of Serving Special
Interests
Submitted by Nick Surgey (/users/35314/nick-surgey) on July 1, 2013 - 9:18am
Like 2K
In October 2012, nine U.S. state legislators went on an industry paid trip to explore the Alberta
tar sands. Publicly described as an "ALEC Academy," documents obtained by CMD show the
legislators were accompanied on a chartered flight by a gaggle of oil-industry lobbyists, were
served lunch by Shell Oil, dinner by the Canadian Association of Petroleum Producers, and
that the expenses of the trip were paid for by TransCanada and other corporations and groups
with a direct financial interest in the Alberta tar sands and the proposed Keystone XL (KXL)
pipeline.
Among the nine legislators on the tour 2012 ALEC Academy attendees (Photo via Twitter)
was the new ALEC national chairman,
Representative John Piscopo from
Connecticut, and Senator Jim Smith from Nebraska who has sponsored legislation in his state
http://www.prwatch.org/news/2013/07/12160/keystone-academy-where-legislators-learn-etiquette-serving-special-interests 1/9
to speed up the building of the Nebraska segment of KXL. Email records obtained by CMD
show that after the trip, legislators were asked by ALEC to send "thank you notes" to the
lobbyists for their generosity in Alberta.
Far better than a mere "thank you," Rep. John Adams from Ohio returned from the trip and
sponsored a bill given to him by a TransCanada lobbyist calling for the approval of KXL. As
previously reported by CMD (http://www.prwatch.org/news/2013/04/12049/seven-state-
keystone-xl-resolutions-where-are-environmentalists), similar legislation, reflecting both an
ALEC "model" bill and language taken from a TransCanada set of talking points, has been
introduced in seven states in 2013.
The tar sands of Alberta are estimated to be the third largest reserve of crude oil on the
planet. But the process of turning the tar-like bitumen into a refined product that can be used
as fuel is extremely energy intensive and highly polluting. The former NASA scientist James
Hansen, warned that the extraction and use of Canadian tar sands would mean "game over"
for the climate. TransCanada is the operator of the proposed KXL pipeline, which would carry
the tar sands to Texas for processing and likely for exports to markets abroad.
In Private Jets and "Petroleum Club" Dinners, U.S
Politicians Get the Dirt on Canadian Tar Sands
Officially, ALEC organized the Alberta tour as an "ALEC Academy." In ALEC's description of
corporate sponsorship opportunities
(http://www.prwatch.org/files/Ex._D_ALEC_sponsorship_rates.pdf), this type of event is
described as being "an intensive, two--day program for legislators that focus on a specific area
of policy." It comes with an $80,000 fee to sponsor
(http://www.prwatch.org/files/Ex._D_ALEC_sponsorship_rates.pdf). Unofficially however, and
made clear to legislators on the trip in emails from ALEC obtained by CMD, the expenses
were paid for by lobbyists from the oil-industry and by the government of Alberta. In an email
sent to Ohio representative John Adams ahead of the trip, ALEC staffer Karla Jones
reassured participants that all transportation, accommodation costs and meals would be paid
for.
According to a copy of the trip itinerary

(http://www.prwatch.org/files/ALEC_Invitation_Alberta.pdf) obtained via a public records
request, legislators flew into Alberta on Tuesday October 16, 2012, and were met by
TransCanada lobbyists who took them on a tour of their facilities in Calgary.
TransCanada, which is a member of ALEC, sponsored ALEC's Spring Task Force Summit in
Oklahoma City in May 2013, alongside other corporations with tar sands interests including
BP, Devon Energy and Koch Industries. TransCanada's Vice President Corey Goulet
presented to legislators at the conference during a session called "Embracing American
Energy Opportunities. (http://www.prwatch.org/files/Embracing_American_Energy .pdf)"
Dinner on the first night was at the up-market Ruth's Chris Steakhouse in downtown Calgary,
paid for by American Fuel and Petrochemical Manufacturers (AFPM). The dinner included a
presentation to the captive audience of lawmakers from AFPM about Low-Carbon Fuel
Standards (LCFS), a mechanism designed to reduce the carbon intensity of transportation
fuels. As CMD has reported recently (http://www.prwatch.org/news/2013/06/12133/alec-tours-
tar-sands-works-industry-groups-block-low-carbon-fuel-standards), LCFS is considered a real
threat to the tar sands industry, because it might restrict the U.S. market for fuels derived from
the tar sands. AFPM, which has funded one of the other groups on the tour -- the Consumer
Energy Alliance (CEA) -- to work to oppose LCFS legislation, would successfully sponsor an
ALEC "model" bill on this issue just weeks after the trip, called "Restrictions on Participation in
Low-Carbon Fuel Standards Programs (http://www.alec.org/model-legislation/restrictions-on-
participation-in-low-carbon-fuel-standards-programs/)."
On Wednesday morning, after breakfast at the hotel, legislators were taken to the airport
where a private charted plane was waiting to fly them around a number of different tar sands
operations. Accompanying the legislators and ALEC staffer Karla Jones, were lobbyists from
AFPM, TransCanada, Devon Energy, CEA, Shell Oil, and the Government of Alberta. The
flight was chartered by the Alberta Government, at a cost of $22,000, with the costs split
evenly between them and another unknown entity.
During the day, legislators toured facilities owned by Shell -- which also provided lunch -- and
Devon Energy, where they viewed the massive "Jackfish" tar sands projects. At these
facilities, Devon utilizes Steam Assisted Gravity Drainage (SAGD), an energy intensive
process that injects steam into the dirty bitumen to access otherwise inaccessible deposits too
deep for mining. This process is expected to open up further areas of Alberta for tar sands
extraction, including by Koch Industries subsidiary Koch Exploration Canada
(http://www.kochexploration.ca/canada/default.aspx) which has a pending permit request
(https://albertacanada.com/files/albertacanada/AOSID_QuarterlyUpdate_Winter2013.pdf)in
Alberta to utilize SAGD.
Dinner on Wednesday night was served at the Petroleum Club, sponsored by the Canadian
Association of Petroleum Producers. On the Thursday morning, just before their return flight,
legislators did have a brief meeting with a representative from the Pembina Institute, an
Alberta environmental group that calls for responsible exploitation of the tar sands. According
to the ALEC trip itinerary (http://www.prwatch.org/files/ALEC_Invitation_Alberta.pdf), this was
to "provide the opposing point of view."
Although Pembina does represent a different view from those that want completely
unrestrained extraction of the tar sands, the group is not representative of those that oppose
tar sands extraction. There are plenty of organizations that could have provided alternative
viewpoints, particularly First Nation tribal leaders who are campaigning vigorously on this
issue, but perhaps unsurprisingly they were not included. Even Pembina's -- somewhat limited
-- opposing voice was not wanted during the tour of the oil sands facilities, and they were not
invited to the lobbyist-sponsored dinners.
ALEC as Emily Post
A month after the trip, the Director of International and Federal Relations at ALEC, Karla
Jones, sent participants an email helpfully reminding them of what each industry lobbyist had
paid for on the tour. CMD obtained a copy of that communication via a public records request,
which included a spreadsheet containing the names, telephone numbers and mailing
addresses of each of the lobbyists on the trip. The ALEC email
(http://www.prwatch.org/files/ALEC_sponsors.pdf) also prompted legislators to send each of
the sponsoring corporations a "thank you note."
(https://org.salsalabs.com/o/632/donate_page/donate)
The phenomenon of ALEC legislators sending such letters to lobbyists is something CMD has
previously reported on (http://prwatch.org/news/2012/05/11443/cmd-special-report-alecs-
scholarship-scheme-helps-corporations-fund-legislator-tr). Ohio Rep. Adams, for example,
sent at least a dozen letters to corporate lobbyists in 2010, thanking them for writing checks to
the ALEC scholarship fund, which paid his and his colleagues way to an ALEC conference.
"Because of your help and others like you, the trip to ALEC was made possible for our
legislators," Adams wrote to AT&T lobbyist Bob Blazer.
"Rather than sending thank you notes to their corporate lobbyist sponsors, these legislators
should instead consider an apology to their constituents," Stephen Spaulding, Staff Counsel
for the good government group Common Cause told CMD. "I doubt lobbyists want thank you
notes in return for bankrolling legislators' international vacations -- they would rather a bright,
shiny souvenir in the form of corporate-drafted legislation."
Better Than a Thank You Note, Payback in Ohio
After the trip to Alberta, Rep. Adams, the Assistant Majority Floor Leader and Ohio ALEC state
chair, led the calls in Ohio for the approval of the KXL pipeline, sponsoring a bill (HCR 9)
(http://openstates.org/oh/bills/130/HCR9/) and talking publicly (http://www.ohiohouse.gov/john-
adams/press/rep-adams-applauds-passage-of-keystone-pipeline-resolution) about the
proposed pipeline. "It is of the upmost importance that we strongly urge the U.S. government
to take the necessary steps towards operation of the Keystone Pipeline," Adams wrote in
March 2013 while promoting his bill. Rep. Rosenberger, the other Ohio legislator on the ALEC
trip to Alberta, accordingly co-sponsored the Adams bill.
According to documents CMD obtained from public record requests in Ohio, a draft bill was
sent to Adams on January 23, from Steve Dimon of 21 Consulting LLC, who represents
TransCanada. The bill was sent as an attachment to the Dimon email.
The email message itself simply read, "Thank you so much!

(http://www.prwatch.org/files/Dimon_email1_0.pdf)"
Dimon stayed in touch with Adams' office over the following months, providing his staff with
further materials (http://www.prwatch.org/files/Dimon_email2_0.pdf) about Keystone XL,
including a set of talking points stamped with the TransCanada logo.
By February 14, Adams had an updated draft that had been reviewed by the Ohio legislative
service commission, the non-partisan body that assists legislators with drafting legislation.
Adams staffer Ryan Crawford sent this language to Rob Eshenbaugh
(http://www.prwatch.org/files/Eshenbaugh_email1_0.pdf), a lobbyist with Ohio Petroleum
Council, the state affiliate of the American Petroleum Institute. "Please let me know if I can be
of further assistance," Crawford wrote to the lobbyist. Eshenbaugh responded with some
requested changes (http://www.prwatch.org/files/Eshenbaugh_email2_0.pdf), which Crawford

then incorporated into the bill.
All this occurred prior to Adams sharing the bill with his fellow legislators, which didn't happen
until February 20. Adams finally introduced his bill in the Ohio Assembly on March 9
(http://openstates.org/oh/bills/130/HCR9/), without any public statement about his involvement
with the ALEC Academy or that the source of the bill was a tar sands lobbyist.
The route of the proposed KXL pipeline takes it through Montana, South Dakota, Nebraska,
Kansas, Oklahoma, and Texas. This is a long way from Ohio, but the debate over the KXL
project has become a national issue. The ALEC Academy, and subsequent lobbying from the
oil-industry, demonstrates that TransCanada sees value in developing a list of states
supportive of the project to influence the federal debate over KXL approval.
The precise details of the ALEC tour, including the trip being part-sponsored by TransCanada,
are not mentioned in Adams' financial disclosures, which only reports his expenses as being
from ALEC and the Alberta Government. Adams is not breaking the law here. This is because
of the way ALEC works to fund legislator travel. Its scholarship system allows corporations to
"sponsor" legislator's expenses, which are then simply disclosed as being a payment from
"ALEC" and not from the sponsoring corporations or groups. CMD documented the ALEC
scholarship fund in a 2012 report released jointly with Common Cause: "How the American
Legislative Exchange Council Uses Corporate-Funded "Scholarships" to Send Lawmakers on
Trips with Corporate Lobbyists
(http://www.alecexposed.org/w/images/f/fa/BUYING_INFLUENCE_Main_Report.pdf)."
Graduates of the Keystone Academy appear to be learning a lot about how ALEC works
behind the scenes to promote special interest legislation while keeping the public entirely in
the dark.
ALEC Exposed (/topics/alec-exposed)

Front Groups (/topics/public-relations/front-groups) Energy (/topics/energy)
Environment (/topics/environment)
News (/news-types/news)
Attachment Size
77.45
ALEC_sponsors.pdf (http://www.prwatch.org/files/ALEC_sponsors.pdf)
KB
Embracing_American_Energy .pdf 1.33 MB

(http://www.prwatch.org/files/Embracing_American_Energy%20.pdf)
ALEC_Invitation_Alberta.pdf 165.32
(http://www.prwatch.org/files/ALEC_Invitation_Alberta.pdf) KB
17.17
Dimon_email1.pdf (http://www.prwatch.org/files/Dimon_email1_0.pdf)
KB
695.13
Dimon_email2.pdf (http://www.prwatch.org/files/Dimon_email2_0.pdf)
KB
174.29
Eshenbaugh_email1.pdf (http://www.prwatch.org/files/Eshenbaugh_email1_0.pdf)
KB
193.03
Eshenbaugh_email2.pdf (http://www.prwatch.org/files/Eshenbaugh_email2_0.pdf)
KB
NICK SURGEY (/USERS/35314/NICK-SURGEY)

Nick Surgey is CMD's Director of Research and an investigative reporter. His work has
been featured in The Guardian, the New York Times, the Los Angeles Times, and the
Washington Post.
Read more here. (http://www.prwatch.org/news/35314)
MORE LIKE THIS:
ALEC Appoints New Chair To Climate Denial Task Force (/news/2016/05/13102/alec-

appoints-new-chair-climate-denial-task-force)
A Reality Check for "Charter School Week" (/news/2016/05/13100/reality-check-charter-

school-week)
ALEC's 2016 Agenda Moving in the States: A Snapshot (/news/2016/05/13099/alec%27s-

2016-agenda-snapshot)
U.S. Chamber Works Behind the Scenes to Gut Whistleblower Protections
(/news/2016/04/13098/us-chamber-works-behind-scenes-gut-whistleblower-protections)
ALEC Spring Task Force Summit Agenda in Pittsburgh 2016 (/news/2016/04/13093/koch-

alec-agenda-pittsburgh)
Comments
Rose W replied on July 10, 2013 - 1:11am PERMALINK (/COMMENT/33047#COMMENT-33047)
GOOD ARTICLE, BUT POORLY WRITTEN (/COMMENT/33047#COMMENT-33047)

I don't understand why, in the middle of this article, you inserted the following paragraph: -
TransCanada, which is a member of ALEC, sponsored ALEC's Spring Task Force Summit in
Oklahoma City in May 2013, alongside other corporations with tar sands interests including
BP, Devon Energy and Koch Industries. TransCanada's Vice President Corey Goulet
presented to legislators at the conference during a session called "Embracing American
Energy Opportunities." - This paragraph is confusing because it has nothing to do with the trip
in Oct. 2012. The last sentence is poorly written, as you wrote "...Goulet presented to
legislators...". Presented what? "Presented" is a verb with no subject here. This is not proper
English. Even worse, is the error in the following paragraph: - Dimon stayed in touch with
Adams' office over the proceeding months, providing his staff with further materials about
Keystone XL, including a set of talking points stamped with the TransCanada logo.-
"Proceeding" is glaringly incorrect. The word you wanted was "preceding", except that you
really were referring to the months after, which is "succeeding". "Ensuing", "subsequent" or
"following", would also have been good choices. You really should use a dictionary and a
grammar book before you submit your articles. Is there a proofreader at PRWatch? If not, I
would consider the job.
Alan Muller replied on September 5, 2013 - 8:20am PERMALINK

(/COMMENT/33485#COMMENT-33485)
NEED THE NAMES! (/COMMENT/33485#COMMENT-33485)

Most helpful would be a list of the legislators who went on this junket so efforts could be made
to hold them responsible.
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Who's Fighting the Clean Power Plan and EPA Action on Climate ... http://www.ucsusa.org/global-warming/fight-misinformation/whos-f...
1 of 11 7/18/16, 9:26 AM
Who's Fighting the Clean Power Plan and EPA Action on Climate Change?
Major fossil fuel companies and special interest groups have worked for years to block efforts to
reduce carbon pollution. They continue to do so today.
Contents
Case studies in obstruction

ExxonMobil
Peabody Energy
Southern Company
American Coalition for Clean Coal Electricity
American Legislative Exchange Council (ALEC)
US Chamber of Commerce
On February 9, 2016, the Supreme Court placed a hold on the Environmental Protection Agency’s
(EPA’s) Clean Power Plan, the first-ever limits on heat-trapping carbon dioxide pollution from power
plants. It’s the latest development in a disinformation campaign perpetrated by fossil fuel and utility
interests to stop EPA action on climate change.
Photo: Christian Mueller/Shutterstock
It's a story that goes back for years. In 1998, amidst Congressional gridlock on climate change, the
EPA asserted its legal authority to regulate carbon pollution under existing provisions of the Clean Air
Act. A memorandum from the EPA’s General Counsel affirmed that the agency had the authority to
regulate carbon pollution, so long as it first found heat-trapping emissions that contribute to climate
change could endanger public health and welfare or the environment. Nine years later, in 2007, the
Supreme Court agreed.
In 2009, the EPA finalized its science-based endangerment finding for heat-trapping emissions,
including carbon pollution. The EPA further acted in 2015, when it finalized the Clean Power Plan, the
2 of 11 7/18/16, 9:26 AM
first-ever limits on carbon pollution from power plants.
Case studies in obstruction
Most Americans support EPA regulation of carbon pollution, including from power plants. Nonetheless,
as evidenced below, fossil fuel and utility interests have stood in the way of EPA action on climate
change at each step along the way, and these efforts continue today.
Peabody Energy denies the scientific consensus on climate change in its attacks on the EPA.
Southern Company secretly funded an outspoken climate skeptic, while seeking to roll back
EPA limits on carbon pollution.
American Coalition for Clean Coal Electricity has lobbied state attorneys general to oppose
EPA limits on carbon pollution.
American Legislative Exchange Council lobbies state legislators to oppose EPA regulation of
carbon pollution on behalf of fossil fuel and utility interests.
U.S. Chamber of Commerce opposes EPA’s science-based finding that heat-trapping emissions
and climate change endanger public health, welfare, and the environment.
Now, however, these companies and industry trade groups are increasingly being held accountable for
their years of deception and obstructionism. Growing public awareness and concern will further
empower efforts to counter their undue influence, and open the door to further progress.
ExxonMobil
Evidence now strongly suggests that ExxonMobil, the world’s largest investor-owned producer of oil
and natural gas, knew about the potential risks posed by climate change as far back as 1977.
Nonetheless, ExxonMobil has spent millions of dollars to fund climate skeptic organizations that
oppose the EPA's efforts to act on climate.
ExxonMobil now publicly admits that “the risks of climate change are real and warrant action.” And yet
the company still opposes EPA action to limit carbon pollution from power plants. Rex Tillerson, CEO
of ExxonMobil, disparaged the Clean Power Plan in a 2015 speech before the National Association of
Manufacturers. Tillerson claimed to support “comprehensive and science-based cost-benefit analysis”
of EPA regulations, but in reality ExxonMobil has funded special interest groups behind misleading
reports that artificially inflate the costs and ignore the benefits of the Clean Power Plan. In 2014,
ExxonMobil was also named in industry comments calling on the EPA to withdraw its Clean Power
Plan proposal.
In 2009, prior to opposing the Clean Power Plan, ExxonMobil joined industry group comments that
demanded the EPA withdraw its then-proposed endangerment finding for heat-trapping emissions,
including carbon dioxide. The group’s comments falsely claimed scientific “support for the effects of
climate change on public health and welfare is almost non-existent and engulfed in an extremely high
degree of uncertainty.”
In 2008, a whistleblower identified lobbying by ExxonMobil as one reason why the administration of
President George W. Bush stopped the EPA from going public with an earlier version of the
endangerment finding.
ExxonMobil now faces multiple legal investigations for allegedly misleading investors and the public
about the risks of climate change. Citizens and shareholders are voicing concerns about ExxonMobil’s
3 of 11 7/18/16, 9:26 AM
ongoing funding of special interest groups, such as the American Legislative Exchange Council (ALEC)
and the U.S. Chamber of Commerce, that seek to roll back the Clean Power Plan.
Peabody Energy
Peabody Energy, the world’s largest investor-owned coal company, has a long and ongoing record of
deception on climate change that dates back to the early 1990s. It includes steadfast opposition to
EPA regulation of heat-trapping carbon pollution.
Federal courts rejected several Peabody Energy-backed legal challenges aimed at blocking the Clean
Power Plan, before the Supreme Court narrowly voted in early 2016 to place implementation of the
EPA’s final rule on hold until remaining litigation is resolved.
Peabody Energy denied the clear scientific consensus on climate change in its 2014 comments on the
the EPA’s Clean Power Plan proposal. The company’s comments claimed that “no science supports
the relevant causal links – the connection between changes in GHG {greenhouse gas} levels and any
changes in climate.” Peabody Energy also funded a misleading 2014 report by Energy Ventures
Analysis, which artificially inflated the costs and ignored the benefits of the EPA’s proposal.
Before opposing the Clean Power Plan, Peabody Energy challenged the EPA’s 2009 endangerment
finding for heat-trapping emissions. The company’s petition was one of several that, according to the
EPA, wrongly “claimed that climate science can't be trusted, and asserted a conspiracy that calls into
question the findings of the Intergovernmental Panel on Climate Change, the U.S. National Academy
of Sciences, and the U.S. Global Change Research Program.” The EPA denied these petitions, having
“found no evidence to support these claims.”
Earlier, in 2001, then President George W. Bush, under pressure from industry lobbyists, reneged on
a campaign pledge to regulate carbon pollution in a letter to members of the US Senate.
“We applaud the announcement this week that the Administration did not support regulation of carbon
dioxide as an air pollutant under the Clean Air Act; the position reflects one of our central guiding
principals [sic],” wrote Irl Engelhardt, then CEO of Peabody Energy, in a private thank you note to Vice
President Dick Cheney that was made public through a Freedom of Information Act request filed by
the Natural Resources Defense Council.
A multi-year investigation by the attorney general for the State of New York resulted in a 2015
settlement that found Peabody Energy misled investors and the public about climate change-related
financial risks. Peabody Energy has since declared bankruptcy, as the electricity market has shifted
away from coal, the largest source of carbon pollution, and towards cleaner sources of electricity.
Southern Company
Southern Company, one of the nation’s largest electric utilities, has been at the forefront of
disinformation campaigns targeting climate science and solutions since the early 1990s, and remains a
staunch opponent of EPA action on climate change.
In 2016, the Supreme Court narrowly voted to place a hold on Clean Power Plan implementation,
while the courts consider the merits of legal challenges backed by Southern Company. Internal emails
made public by a 2014 New York Times investigation revealed that Southern Company lobbied state
attorneys general to urge a federal court to “set aside” the Clean Power Plan proposal. That same
4 of 11 7/18/16, 9:26 AM
year, Southern Company’s chief environmental officer called on the EPA to “withdraw its proposed
rule.”
Southern Company secretly funded the outspoken climate skeptic Willie Soon until 2015, when a high
profile investigation forced the utility company to finally sever its ties. Soon's employer, the
Smithsonian Institute, also distanced itself from Soon’s controversial views, reiterated its own support
for the established science on climate change, and launched an ethics review.
Earlier, in 2009, Southern Company endorsed the comments of the Utility Air Regulatory Group, which
attacked the science underpinning the EPA’s endangerment finding for heat-trapping emissions.
In 2001, an influential lobbyist for Southern Company sent the administration of President George W.
Bush a private memo, “Demurring on the issue of whether the CO2 idea is eco-extremism,” and
opposing regulation of this heat-trapping emission as a pollutant. Bush, under pressure from industry
lobbyists, reneged on a campaign pledge to regulate carbon pollution in a letter to members of the US
Senate.
Peer-reviewed academic research has shown that Southern Company could face significant financial
risks if the company is held legally liable for the climate change damages resulting from power plants’
carbon pollution.
American Coalition for Clean Coal Electricity
The American Coalition for Clean Coal Electricity (ACCCE) serves as a front group for coal and utility
interests. It opposes climate action, including the EPA’s efforts to limit carbon pollution.
In 2016, the Supreme Court voted narrowly to place a hold on Clean Power Plan implementation,
while the courts consider the merits of legal challenges backed by ACCCE.
Photo: AmericasPower.org
5 of 11 7/18/16, 9:26 AM
The American Coalition for Clean Coal Electricity distributed cupcakes suggesting that the Obama administration
to act on climate change would amount to ‘All pain, no gain.’ EPA analysis found that the benefits of the Clean P
Plan far outweigh the costs.
Internal emails made public by a 2014 New York Times investigation revealed that ACCCE secretly
lobbied state attorneys general to urge a federal court to “set aside” the EPA’s Clean Power Plan to
limit carbon pollution from power plants. ACCCE also funded a series of misleading reports by NERA
Economic Consulting, which sought to artificially inflate the costs and ignore the benefits of the Clean
Power Plan.
Asked in 2009 if coal-fired plants, the nation’s largest single source of heat-trapping carbon pollution,
contributed to climate change, a spokesperson for ACCCE refused to say. “I don’t know,” he told CNN.
“I am not a scientist.”
That same year, ACCCE claimed to support Congressional action on climate change as an alternative
to EPA regulation under the Clean Air Act. But, at the time, ACCCE was a subject of a congressional
investigation into fraudulent letters that were sent to members of Congress by an associated public
relations firm in an attempt to undermine climate change legislation.
In a leaked 2004 letter to the CEO of Peabody Energy, the Center for Energy and Economic
Development, which later became the American Coalition for Clean Coal Electricity (ACCCE), took
credit for several state attorneys general joining industry-backed opposition to EPA action on climate
change in the federal courts.
Fossil fuel and utility industry support for ACCCE’s controversial attacks is on the wane, as evidenced
by the group’s downsized budget and staff and ongoing corporate exodus. At least two dozen
members have departed ACCCE since 2008, such as BHP Billiton, Consol Energy, Consumers Energy,
Detroit Edison, Duke Energy, and First Energy. Companies that remain members include Southern
Company and bankrupt coal companies, including Alpha Natural Resources and and Peabody Energy.
American Legislative Exchange Council (ALEC)
The American Legislative Exchange Council engages with state legislators in secretive meetings
sponsored by fossil fuel and utility interests. ALEC is the source of many so-called “model policies”
opposing EPA limits on carbon pollution and other clean energy policies.
“The biggest scam of the last 100 years is global warming,” one member of ALEC’s Private Enterprise
Advisory Board said during the group’s 2015 annual meeting, at one of the few sessions open to
reporters. ALEC’s Energy, Natural Resources, and Agriculture Task Force also approved new
proposals that would hinder states’ ability to comply with the Clean Power Plan. One such ALEC
proposal calls for state legislators to expedite use of state funds to back legal challenges to the Clean
Power Plan. Sponsors of the annual meeting included the American Coalition for Clean Coal
Electricity, Chevron, and ExxonMobil.
Leaked documents from ALEC’s 2014 annual meeting revealed another session where Joseph Bast,
the president of the Heartland Institute, falsely claimed that “there is no scientific consensus on the
human role in climate change.” That same year, ALEC approved a resolution that stated, “EPA should
not pursue regulation of greenhouse gases,” and reportedly agreed to create a “working group” to
explore abolishing the EPA as we know it. Internal documents obtained by The Guardian also exposed
6 of 11 7/18/16, 9:26 AM
ALEC’s plan to recruit state attorneys general to oppose EPA action.
During the George W. Bush administration, ALEC joined the fossil fuel and utility industries’ early
opposition to EPA action on climate change. In 2007, ALEC called on the EPA not to make an
endangerment finding, and claimed there was a “lack of evidence that human-caused emissions of
greenhouse gases will ‘endanger public health.” Several years earlier, in 2003, ALEC criticized efforts
by state attorneys general to compel the EPA to act as “frivolous lawsuits… based on inconclusive
science and faulty logic.” And in 2002, ALEC adopted a resolution that opposed any limits on
heat-trapping carbon pollution.
The controversy over ALEC’s long and ongoing record of climate deception has helped to spark a
mass exodus of more than 100 corporate funders from the group, including fossil fuel and utility
companies American Electric Power, BP, and Shell. ExxonMobil and Peabody Energy remain leading
members of ALEC’s Private Enterprise Advisory Council.
US Chamber of Commerce
The US Chamber of Commerce (US Chamber) claims to represent the interests of the business
community, but few companies publicly agree with the group’s controversial positions on climate
change. Opposing the EPA’s efforts to regulate heat-trapping emissions under the Clean Air Act,
including the endangerment finding, remains a priority for the US Chamber.
The US Chamber is at the center of lawsuits aimed at blocking EPA action on climate change.
Lawyers for the U.S. Chamber Litigation Center filed one of several requests for an immediate stay of
the final Clean Power Plan, which the Supreme Court granted in 2016. In 2014, the U.S. Chamber
joined ACCCE and Southern Company in soliciting state attorneys general to urge the D.C. Circuit
Court to “set aside” the final version of this rule, several months before the EPA had put forth its initial
proposal.
The US Chamber has also attempted to use deeply flawed and biased economic analysis that
artificially inflates the perceived costs and ignores the benefits of the Clean Power Plan, but its
misleading claims have been thoroughly dismantled by media fact checkers and clean energy experts.
A 2012 D.C. Circuit Court decision rejected earlier attempts by

In 2009, a spokesperson for the
the US Chamber and others to roll back the EPA’s final
U.S. Chamber of Commerce called
endangerment finding for heat-trapping emissions. A few years
on the EPA to convene a “Scopes
before, in 2009, the U.S. Chamber called for a “Scopes Monkey
Monkey Trial of the 21st Century”
Trial of the 21st Century” in response to the EPA’s then-proposed
to put “climate science on trial.”
endangerment finding. “It would be evolution versus creationism,”
This 1925 editorial cartoon panned
US Chamber Vice President William Kovacs said at the time. “It
the verdict in the original trial.
will be climate change science on trial.”
In 2009, a spokesperson for the
Internal documents also show that Kovacs represented the U.S. U.S. Chamber of Commerce called
Chamber at a 1999 meeting convened by the American on the EPA to convene a “Scopes
Petroleum Institute, to coordinate the early industry response to Monkey Trial of the 21st Century”
calls for the EPA to act on climate change. to put “climate science on trial.”
This 1925 editorial cartoon panned
The US Chamber’s years of obstructionism on climate change the verdict in the original trial.
have sparked considerable dissent among its corporate
7 of 11 7/18/16, 9:26 AM
membership and local chambers. Major corporations—including

several electric utilities—have quit the Chamber over its
controversial positions. Current members of the US Chamber
include ExxonMobil, Peabody Energy, and Southern Company.
A 2014 U.S. Chamber report contained erroneous assumptions

about what EPA’s then yet to be proposed limits on carbon
pollution would look like, and quickly ran afoul of fact-checkers.
A 2014 U.S. Chamber report contained erroneous assumptions
about what EPA’s then yet to be proposed limits on carbon
pollution would look like, and quickly ran afoul of fact-checkers.
8 of 11 7/18/16, 9:26 AM
9 of 11 7/18/16, 9:26 AM
We Need Your Support

to Make Change Happen
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withstand the effects of climate change—but not without you. Your generous support helps develop
science-based solutions for a healthy, safe, and sustainable future.
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11 of 11 7/18/16, 9:26 AM
National Black Chamber of Commerce Report on Clean Power Plan ... http://www.ucsusa.org/global-warming/fight-misinformation/nationa...
1 of 4 7/18/16, 9:28 AM
National Black Chamber of Commerce Report on Clean Power Plan

Fact: The NBCC study relies on misleading claims cut-and-pasted from several previously debunked
reports.
A misleading report by the National Black Chamber of Commerce (NBCC) has been frequently cited
by opponents of the Environmental Protection Agency’s (EPA) Clean Power Plan, including in the Wall
Street Journal.
Our review of the NBCC report found that it relies on misleading claims cut-and-pasted from several
previously debunked reports. For example, the NBCC’s analysis relies on false claims from a 2014
U.S. Chamber of Commerce report that received scant attention in the media after a fact check by the
Washington Post concluded politicians “should have avoided using the Chamber’s numbers in the first
place.”
Harry Alford, president and CEO of the NBCC, is also a leading member of the U.S. Chamber, which
opposes minimum wage increases and living wage laws. Alford acknowledges that his group has
received funding from wealthy fossil fuel interests, including $1 million from ExxonMobil. NBCC
commissioned Roger Bezdek of Management Information Services, Inc., to author its report. Bezdek’s
client list includes Peabody Energy, one of the world’s largest producers of industrial carbon
emissions.
Elsewhere, Alford has falsely claimed that “there is no sound science to support the claims of global
warming.” Bezdek has likened concerns raised by climate advocates to “the old Nazi theory, that if you
repeat a big lie loud enough and long enough, people believe it.”
In contrast, the NAACP, U.S. Black Chamber, and other leading organizations support the Clean Power
Plan for providing ways to address the disproportionate risks African-American communities face from
air pollution and climate change. These include the Clean Energy Incentive Program in the the final
Clean Power Plan, which is designed to spur new investment in energy efficiency and help low-income
communities create jobs and save money. Other African-American and Latino leaders have also
spoken out against the NBCC’s misleading claims.
Learn more:
New Flawed Study of the Clean Power Plan: How the NBCC Study Gets It So Wrong (The
Equation)
National Black Chamber of Commerce joins oil industry’s op-ed campaign against the EPA
Climate Plan
ExxonMobil is still spending millions of dollars on climate science deniers
Last revised date: August 19, 2015
2 of 4 7/18/16, 9:28 AM
We Need Your Support

to Make Change Happen
We can reduce global warming emissions and ensure communities have the resources they need to
withstand the effects of climate change—but not without you. Your generous support helps develop
science-based solutions for a healthy, safe, and sustainable future.
$25
$50
$100
$250
$1000
Other
Donate
Science for a healthy planet and safer world

!
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#
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4 of 4 7/18/16, 9:28 AM
HJR 205 - Alabama 2015 Regular Session - Open States http://openstates.org/al/bills/2015rs/HJR205/
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Alabama
SIGNED INTO
INTRODUCED PASSED HOUSE PASSED SENATE
HJR 205
LAW
May 5, 2015 May 14, 2015

Alabama House Joint Resolution
Environmental Protection Agency, urged for the delay of a Clean Power Plan
Session: 2015 Regular Session
Bill Subjects:
Resolutions
Sponsors (1):
Mac McCutcheon
primary
(Republican)
District 25
1 of 3 7/19/16, 1:47 PM
Votes
There are currently no roll call votes recorded for this bill.
Actions
Date Chamber
May 19, 2015 House Delivered to Governor at 2:21 p.m. on May 19, 2015.
May 19, 2015 House Enrolled
May 19, 2015 House Assigned Act No. 2015-203.
May 19, 2015 House Clerk of the House Certification
May 19, 2015 Senate Signature Requested
May 14, 2015 House Enrolled
May 14, 2015 House Passed Second House
May 14, 2015 Senate Waggoner motion to Adopt adopted Voice Vote
May 14, 2015 Senate Reported from Rules
May 12, 2015 Senate Received in Senate and referred to the Senate committee on Rules
May 12, 2015 House McCutcheon motion to Adopt adopted Voice Vote
May 12, 2015 House Reported from Rules
May 5, 2015 House Introduced and referred to the House of Representatives committee on Rules
Bill Text
Introduced PDF Enrolled PDF
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SJ 294 - Virginia 2015 Regular Session - Open States http://openstates.org/va/bills/2015/SJ294/
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SIGNED INTO
INTRODUCED PASSED SENATE PASSED HOUSE
SJ 294
LAW
Jan 19, 2015

Virginia Senate Joint Resolution
Carbon dioxide emissions; regulation of existing power plants, withdrawal of federal guidelines.
Session: 2015 Regular Session
Bill Subjects:
Environmental
Sponsors (1):
A. Benton "Ben" Chafin

primary
(Republican)
District 38
1 of 3 7/19/16, 1:51 PM
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Actions
Date Chamber
Feb 11, 2015 Senate Left in Rules
Jan 19, 2015 Senate Referred to Committee on Rules
Jan 19, 2015 Senate Presented and ordered printed 15103227D
Bill Text
Senate: Presented and
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15103227D HTML
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5/20/2016 2015-2016 Bill 3693 Text of Previous Version (Feb. 19, 2015) - South Carolina Legislature Online
South Carolina General Assembly

121st Session, 2015-2016
Download This Version in Microsoft Word format
Bill 3693
Indicates Matter Stricken

Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-590
SO AS TO DEFINE NECESSARY TERMINOLOGY; BY ADDING SECTION 58-3-595 SO AS TO
IMPOSE CERTAIN REQUIREMENTS IN THE EVENT THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL DEVELOPS A STATE PLAN FOR REGULATING CARBON
DIOXIDE EMISSIONS FROM COVERED ELECTRIC GENERATING UNITS; AND BY ADDING
SECTION 58-3-600 SO AS TO PROVIDE THE DEPARTMENT SHALL PROVIDE A REPORT OF
THE STATE PLAN IT ADOPTS TO THE STATE REGULATION OF PUBLIC UTILITIES REVIEW
COMMITTEE WITHIN FIFTEEN DAYS AFTER ADOPTION, TO REQUIRE THE COMMITTEE
VOTE TO APPROVE OR REJECT THE PLAN, TO PROVIDE THAT IF THE COMMITTEE DOES
NOT VOTE TO APPROVE THE PLAN, THE DEPARTMENT SHALL SUBMIT A REVISED PLAN
IF THE COMMITTEE DOES NOT APPROVE THE SUBMITTED PLAN, AND TO PROVIDE THAT
THE DEPARTMENT SHALL NOT SUBMIT ANY STATE PLAN TO THE EPA UNTIL THE REVIEW
COMMITTEE HAS APPROVED THE STATE PLAN IN ACCORDANCE WITH THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The purpose of this act is to require that the South Carolina Department of Health and
Environmental Control receive approval from the State Regulation of Public Utilities Review Committee
for any plan to regulate carbon dioxide emissions from existing fossil fuel-fired electric generating units
under Section 111(d) of the Clean Air Act, 42 U.S.C. Section 7411, before the department submits any
such plan to the United States Environmental Protection Agency.
SECTION 2. Article 5, Chapter 3, Title 58 of the 1976 Code is amended by adding:
"Section 58-3-590. For purposes of this article:
(1) 'Covered electric generating unit' means an existing fossil fuel-fired electric generating unit within
the State that is subject to regulation under the federal emission guidelines.
(2) 'EPA' means the United States Environmental Protection Agency.
(3) 'Department' means the South Carolina Department of Health and Environmental Control.
(4) 'Federal emission guidelines' means any final rules, regulations, guidelines, or other requirements
that the EPA may adopt for regulating carbon dioxide emissions from covered electric generating units
under Section 111(d) of the federal Clean Air Act.
http://www.scstatehouse.gov/sess121_2015-2016/prever/3693_20150219a.htm 1/3
(5) 'Review committee' means the State Regulation of Public Utilities Review Committee.
(6) 'State' means the State of South Carolina.
(7) 'State plan' means any plan to establish and enforce carbon dioxide emission control measures that
the department may adopt to implement the obligations of the State under the federal emission guidelines.
Section 58-3-595. (A) In the event that the department elects to develop a state plan, as defined in
Section 58-3-590(7), for regulating carbon dioxide emissions from covered electric generating units, the
department shall provide notice and an opportunity to comment on the plan and take into account the
findings of the report prepared in subsection (B).
(B) In developing a state plan under subsection (A), the department shall prepare a report, subject to
notice and comment, which assesses the effects of the state plan on:
(1) the electric power sector, including:
(a) the ability of the State to provide affordable electricity through diversified sources of electricity
generation;
(b) the type and amount of electric generating capacity within the State that is likely to retire or switch
to another fuel;
(c) stranded investment in electric generating capacity and other infrastructure;
(d) the amount of investment necessary to offset retirements of electric generating capacity and
maintain generation reserve margins;
(e) potential risks to electric reliability, including resource adequacy risks and transmission constraints;
and
(f) the amount by which retail electricity prices within the State are forecast to increase;
(2) electricity consumers within the State, including any disproportionate impacts of electricity and
other energy price increases on middle-income and lower-income households;
(3) employment within the State, including direct and indirect employment effects and jobs lost within
affected sectors of the state's economy;
(4) economic development within the State, including effects on manufacturing, commercial, and other
sectors of the state's economy;
(5) the competitive position of the State relative to neighboring states and other economic competitors;
(6) state and local governments, including potential impacts resulting from changes in tax revenues; and
(7) state law, including any new laws necessary to implement the state plan.
Section 58-3-600. (A) Not later than fifteen days from the development of a state plan, the department
shall transmit to the State Regulation of Public Utilities Review Committee a copy of the state plan and
the accompanying report developed pursuant to Section 58-3-595.
(B) Upon receiving the concurrent resolution containing the state plan and accompanying report
transmitted under subsection (A), the review committee shall vote on approval of the state plan.
(C) If the review committee fails to approve a state plan by a simple majority vote under subsection (B),
the department must submit a revised version of the state plan, with an accompanying revised report, to
the review committee for approval in accordance with the procedures specified under this section.
(D) The department shall not submit any state plan to the EPA until the review committee has approved
the state plan in accordance with this section."
SECTION 3. This act takes effect upon approval by the Governor.
----XX----
This web page was last updated on February 19, 2015 at 2:33 PM
AMERICAN LEGISLATIVE EXCHANGE COUNCIL
418 C Street, N.E.
Wasnngton, D.C. 20002
/(202) 547-4646
XJ)
October 14, 1981
Mr. Mike Irish

Philip Morris USA
100 Park Avenue
New York, New York 10017
Dear Mike:
Enclosed you will find a copy of our membership list of

state legislators, and a copy of our major contributor
list, which is comprised of corporations, foundations,
and associations.
As always, Mike, I deeply appreciate the interest and

concern which you and Bernie have repeatedly shown, in
promoting the unique work which ALEC provides to the
state lawmakers of America.
I do hope that ALEC and I will continue to be worthy of

your friendship and support. Please let me know if we
can be of assistance to you.
Enclosures
KT/meg
A non-prolit, non-partisan, !ax-exempt organization serving State Legislators and Members of Congress
T111311195
Source: http://industrydocuments.library.ucsf.edu/tobacco/docs/yffc0026
418 C Street. N.E.
Washington, D.C. 20002
(202) 54 i -4646
ALEC'S PRINCIPAL SOURCE OF FINANCIAL SUPPORT IS FROM INDIVIDUALS, CORPORATIONS,

ASSOCIATIONS, AND FOUNDATIONS. AMONG THE 57,000 ACTIVE ALEC DONORS ARE:
A. J. BUREAU OF INVESTIGATION, Toledo, Ohio

THE ALLSTATE FOUNDATION, Skokie, Illinois
AMERICAN PETROLEUM INSTITUTE, Washington, D.C.
AMOCO OIL COMPANY, Washington, D.C.
ARIZONA MINING ASSOCIATION, Phoenix, Arizona
ASHLAND OIL COMPANY, Ashland, Kentucky
BABCOCK AND WILCOX, MCDERMOTT, INCORPORATED, Washington, D.C.
BALL AEROSPACE SYSTEMS DIVISION, Boulder, COlorado
BAR MASTER INTERNATIONAL, Los Angeles, California
THE RAY BECKER COMPANY, Portland, Oregon
BENEFICIAL MANAGEMENT COMPANY, Wilmington, Delaware
BLACK AND DECKER MANUFACTURING COMPANY, Towson, Maryland
BLUE BELL INCORPORATED, Greensboro, North Carolina
BOISE - CASCADE CORPORATION, Boise, Idaho
CAROLINA VILLAGE, Hendersonville, North Carolina
C.D. CAMPBELL COMPANY, Chicago, Illinois
CHEVRON, USA, INCORPORATED, San Fransisco, California
CITIES SERVICE CORPORATION, Tulsa, Oklahoma
COLORADO AND SOUTHERN RAILWAY COMPANY, Denver, Colorado
COMMONWEALTH EDISON COMPANY, Chicago, Illinois
ADOLPH COORS BREWING COMPANY, Golden, Colorado
COUNTY LINE STONE COMPANY, Akron, Ohio
THE JOHN DEERE COMPANY, Moline, Illinois
DIAL CORPORATION, Des Moines, Iowa
DORON PRECISION SYSTEMS, INCORPORATED, Binghamton, New York
DURACLEAN INTERNATIONAL, Deerfield, Illinois
EDWAL SCIENTIFIC, Chicago, Illinois
ENERGY RESOURCE GROUP , GULF OIL COMPANY, Houston, Texas
EXXON USA, Houston, Texas
FELMONT OIL COMPANY, New York, New York
J. SMITH FEREBEE FOUNDATION, Richmond, Virginia
FOREST PRODUCTS MANUFACTURING COMPANY, Jasper, Indiana
FREEPORT SULPHUR COMPANY, New Orleans, Louisiana
FLOYD GRAHM CONSTRUCTION COMPANY, Lebanon, Oregon
THE GATES RUBBER COMPANY, Denver, Colorado
GETTY OIL COMPANY, Bakersfield, California
W.R. GRACE & CO., New York, New York
GULF OIL COMPANY, Pittsburgh, Pennsylvania
HAWKEYE BANCORPORATION PAC, Des Moines, Iowa
HUEBERT FIBERBOARD, INCORPORATED, Boonesville, Missouri
HUSKY OIL COMPANY, Cody, Wyoming
IDAHO PORTLAND CEMENT COMPANY, Inkom, Idaho
IDAHO POWER COMPANY, Boise, Idaho
ILLINOIS MANUFACTURERS' ASSOCIATION, Chicago, Illinois
A non-profit, non-partrsan, tax-exempt organization servrng State Legislators and Members of Congress
T11131119F
page 2.
ILLINOIS STATE MEDICAL SOCIETY, Chicago, Illinois

ILLINOIS TOOL WORKS, INCORPORATED, Chicago, Illinois
INSPIRATION COPPER COMPANY, Inspiration, Arizona
INSTITUTE FOR EDUCATIONAL AFFAIRS, New York, New York
IOWA FARM BUREAU FEDERATION, West Des Moines, Iowa
IOWA POWER AND LIGHT COMPANY, Des Moines, Iowa
IRBY CONSTRUCTION COMPANY, Jackson, Mississippi
THE JAMESWAY CORPORATION, Secaucus, New Jersey
THE J.M. FOUNDATION, New York, New York
KANSAS CITY LIFE INSURANCE COMPANY, Kansas City, Missouri
KILMARNOCK OIL COMPANY, Corsicana, Texas
THE LAWRENCE FOUNDATION, Bronxville, New York,
THE LEHRMAN CORPORATION, New York, New York
ELI LILLY COMPANY, Indianapolis, Indiana
THE LOCTITE CORPORATION, Newington, Connecticut
LOUISIANA ASSOCIATION OF BUSINESS AND INDUSTRY, Baton Rouge, Louisiana
MARATHON OIL COMPANY, Findlay, Ohio
MASTER CHEMICAL COMPANY, Perrysburg, Ohio
MIDWEST FIBER SALES CORPORATION, Springfiled, Missouri
M. E. MOSES COMPANY, Dallas, Texas
MORRISON - KNUTSEN, Boise, Idaho
MOUNTAIN BELL, Boise, Idaho
NATIONAL CO-OP REFINERY ASSOCIATION, McPherson, Kansas
NATIONAL FEDERATION OF INDEPENDENT BUSINESS, San Mateo, California
THE SAMUEL ROBERTS NOBLE FOUNDATION, Ardmore, Oklahoma
THE JOHN M. OLIN FOUNDATION, New York, New York
THE SPENCER OLIN FOUNDATION, St. Louis, Missouri
THE ELIS OLSSON FOUNDATION, Richmond, Virginia
PARKER DRILLING COMPANY, Tulsa, Oklahoma
PFIZER PHARMACEUTICALS, New York, New York
PAWNEE PETROLEUM COMPANY, Seminole, Oklahoma
PENNSYLVANIA DUTCH COMPANY, Mount Holly, Pennsylvania
PERRY HOMES INCORPORATED, Houston, Texas
PETROLEUM PUBLISHING COMPANY, Tulsa, Oklahoma
PHILIP MORRIS USA, New York, New York
RADER COMPANIES, Portland, Oregon
THE RANSBURG CORPORATION, Indianapolis, Indiana
RAYMOND INTERNATIONAL CORPORATION, Houston, Texas
RESERVE OIL AND GAS COMPANY, Denver, Colorado
THE RICHLAND PARTNERSHIP, Beverly Hills, California
THE ROMMILL FOUNDATION, Spartansburg, South Carolina
THE ROE FOUNDATION, Greenville, North Carolina
THE R AND R FOUNDATION, South Pasadena, California
THE SACRAMENTO UNION, Sacramento, California
SAN JOAQUIN LUMBER COMPANY, Stockton, California
THE SCAIFE FAMILY CHARITABLE TRUST, Pittsburgh, Pennsylvania
SEARS, ROEBUCK AND COMPANY, Chicago, Illinois
SHELL OIL COMPANY, Oak Brook, Illinois
THE STRANAHAN FOUNDATION (CHAMPION SPARK PLUGS),Toledo, Ohio
STRAUS SYSTEMS, INCORPORATED, Houston, Texas
THE SUN COMPANY, Dallas, Texas
T111311997
page 3.
SUN PETROLEUM PRODUCTS, Philadelphia, Pennsylvan.ia

THE SUNMARK FOUNDATION, St. Louis, Missouri
SUPRON ENERGY CORPORATION, Dallas, Texas
THE TENNECO COMPANY, Houston, Texas
TEXACO, INCORPORATED, Oak Brook, Illinois
TEXAS EASTERN TRANSMISSION, Houston, Texas
TEXAS GULF, INCORPORATED, Stamford, Connecticut
TEXAS WEST OIL AND GAS COMPANY, Midland, Texas
TEXLAND PETROLEUM INCORPORATED, Fort Worth, Texas
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Nc u YORK NY
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ASSM GUY $ VcLcLLA MR LESTER VITTENBERG CITIZENS FOR ULL^NCY TrnE LAW SEN SJANLLY J ARUNUFF
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ALEC'S
Eleventh
Annual
Meeting
June 21 -24,1984
The San Diego
Hilton Beach &
Tennis Resort
Source: http://industrydocuments.library.ucsf.edu/tobacco/docs/lydy0048
1984 Annual Meeting Sponsors
Arrer can Artnss FfecifcTeJasis
[Mas. Texas SmFiandsco. CaWornia
AdDlpkCcotsCompany ^feepfeorperaieeJ
Go'den, Colorado New York, New York
EJ. du Pont de Nemours and Company Philip-Morris USA
Wilmington. Delaware New York, New York
Exxon Company U.S. A. Pubhc Service Company of New Mexico
Houston. Texas Albuquerque, New Mexico
The Lawrence Foundation San Diego Gas & Electric Company
Bronxville. New York San Diego, California
Eli Lilly and Company G. D Searle & Company
Indianapolis. Indiana Skokie, Illinois
Mapco Incorporated Sears Roebuck & Company
Tulsa, Oklahoma Chicago, Illinois
Mary Kay Cosmetics, Incorporated Shaklee, Incorporated
Dallas. Texas San Francisco. California
McNeil Pharmaceutical Company Smith Kline & French Laboratories
Spring House. Pennsylvania Philadelphia, Pennsylvania
Miller Brewing Company Texaco Incorporated
Milwaukee, Wisconsin Houston, Texas
National Federation of Independent Business The Vollrath Company
San Mateo, California Sheboygan, Wisconsin
New Mexico Consumer Finance Association
Albuquerque, New Mexico
ALEC Celebrity Open Golf Tournament

Sponsors
Avon Products, Incorporated G.D. Searle & Company
New York, New York Skokie, Illinois
Barclay's National Bank Limited Shaklee. Incorporated
Representative Office, North Amenca San Francisco. California
New York, New York
The Southland Corporation
Adolph Coors Company Dallas, Texas
Golden, Colorado
Texaco Incorporated
Feet-joy Incorporated
Houston, Texas
Brockton, Massachusetts
Miller Brewing Company Texas Savings & Loan League
Austin, Texas
Milwaukee, Wisconsin
Zale Corporation
PhilipMorrisUSA
Dallas, Texas
NewYorkNewYork
RJ. Reynolds Tobacco Company
Winston-Salem, North Carolina
T112750913
THE WHITE HOUSE
WASHINGTON
June 1, 1984
I am happy to extend my warm greetings to all who

gather for the Eleventh Annual Meeting of the American
Legislative Exchange Council. I know from the agenda
you have prepared that this will be an interesting and
informative meeting for state legislators and public
policy experts.
As I said to you at the ALEC White House Briefing last
January, we are making progress in returning power
and authority to state and local governments, and I
want to reiterate my appreciation to ALEC members in
helping to make that happen.
As you meet in San Diego, may you continue to work
for our shared principles of limited government, free
enterprise, and traditional values.
«
<rw*JL<k 1 ^SLK^SK
Welcome to California!
On beha'f of all the Members, Officers, and Board of Directors of the American
Legislative Exchange Council, I would like to welcome you to ALECs Eleventh
Annuaf Meeting;— ~~ "~"
As ALEC embarks upon its Second Decade of service to state lav/makers, it
stands atthe forefront of responsible legislation in areas such as education reform,
heahh care cost containment, lower taxatioa deregulation and privatization, land
and resource management and many, many more. While government must
protect the basic rights of its citizens, we believe that government closest to the
people is both more responsive and responsible, and this is the massage that
ALECs nationwide leadership network continues to translate into action.
Rep. Bill Ceverha, Texas, ALEC National Chairman
Let me welcome the members of ALEC to California. I hope you take the time to
enjoy our weather, our spectacular bay scenery, and the wonderful diversity of our
people.
ALEC has been courageous in facing the troublesome issues of our day, and you
are to be congratulated on your success, not only as an organization, but as
individual legislators. The people of our great nation know that the government
that governs the least governs best. The members of ALEC who stand up and
represent this conviction, are, in my eyes, some of the wisest people around.
Once again, I welcome you, the leaders of our nation, to the state that I love. I'm
sure that I speak for my fellow Californians when I tell you that our red carpet is always out for you.
S. I. Hayakawa, Ph.D., Former U.S. Senator. California
I wish to welcome you to California and, specifically, to the wonderful city of San f
Diego. I also congratulate ALEC on its on-going activities of excellence. As a £j
former State Legislator and Mayon I have been particularly impressed with the jj
need to provide a linkage between activities on the local, state and federal levels. \
ALEC has been one proven method to provide that necessary liaison.
Pete Wilton, U.S. Senator; California
Welcome to California! We are proud you have chosen California as the site of this
**i *r year's meeting. I commend you for the hard work you've put in over the years to
bring new ideas into the realm of political reality. As you enjoy your stay in San
Diego, remember that our state is always happy to host you.
Governor George Deukmejlan
As a member of ALECs Board of Directors. I am proud to help host the Eleventh;

Annual Meeting of the American Legislative Exchange Council in my home state of
California. In my many years of working with ALEC, I have found it to be an
invaluable help in the battle against government regulation, higher taxation, and
bureaucratic red tape. The resources ALEC provides to State Legislators cannot
be matched by any other organization.
Assemblyman Pat Nolan, ALEC Board of Directors
As ALECs California Chairman, it is my great pleasure to welcome you to the

Golden State and to ALECs Eleventh Annual Meeting. We are extremely proud of
our state and hope you will have an opportunity to explore some of our exciting
attractions.
Sen. William Campbell, California State Chairman
T112750915
ALEC's Celebrity Open Golf
Tournament Agenda
Featuring TV and Movie Star John Quade
WEDNESDAY, JUNE 20
5:00 pm Early registration for participants in ALEC's Celebrity Golf Tournament

Foyer
5:00 pm ALEC Hospitality Suite sponsored by Philip Morris USA opens

Mission
Bay Suite
THURSDAY, JUNE 21
7:30 am Buses leave for Cottonwood Golf Club

Main Lobby (Continental breakfast served en route)
Entrance 40 minute bus ride.
8:30 am ALEC Celebrity Open Golf Tournament

Cottonwood Pairing national political leaders, State Legislators and private sector leaders in friendly
Golf Club competition on the Cottonwood Golf Club course in the San Diego foothills.
Honorary Chairman: U.S. Senator Pete Wilson, California
Coif Tournament Committee Chairman: Missouri Representative Roy Cagle,
ALEC Board Member
1:00 pm Golf Tournament Awards Lunch—sponsored by Southland Corporation.

A barbecue welcomes the tournament players, with scores calculated by our golf pro
and awards given to participants.
2:30 pm Bus departs to take participants bac< to the San Diego Hilton.
PRIZES T O BE A W A R D E D A T A L E C S G O L F T O U R N A M E N T L U N C H
(Special Category: A Drawing Will Be Held For All Legislative Participants To Award The Special
Donation—A Replica of the TEXACO Race Car Entered in the Indianapolis 500)
• Golf Bag • Picnic Coolers
• Golf Shoes • Deluxe Avon Gift Selection
• Golf Shirts • Deluxe Shaklee Gift Selection
Gift Bags of Golf Favors Will Be Given To Each Participant
ADDITIONAL GIFTS T O BE ANNOUNCED.
PRIZE CATEGORIES
• Low Gross • Closest to the Pin
• Low Net • Longest Drive
Tl 12750916
Schedule of Conference Events
THURSDAY,;UNE *S
3:00- ALEC Annui! Meeting Registration

800 pm
Foyer
3:00 pm Exhibit Area Opens

South Pacific/ Information about conservative organizations providing research to lawmakers and
Caribbean opinion leaders
6:00 pm Beachfront Reception and Dinner—Hosted by San Diego Gas & Electric
Pool Side Company
7:30 pm Keynote and Opening Session

Pool Side Greetings: Rep. Bill Ceverha, ALEC National Chairman;
The Honorable Lee L Verstandig, Assistantto the President
for Intergovernmental Affairs
Keynote Speakers: Intergovernmental Affairs Officers from
the Reagan Administration
Announcement of Communications Consultation Schedule
for Friday and Saturday
FRIDAY, JUNE 22
7:30 am Registration for Late Arrivals Opens

I *
Foyer
7:30 am Exhibit Area Opens

South Pacific/
Caribbean
7:45 am Breakfast
St. Moritz/ Keynote Speaker: Dr. Don Devine, Director, Office of Personnel Management
Capri "Cost-Cutting Measures in the Federal Government: A Model for the States"
' l Special Presentation: The Honorable Thomas E. Daxon„Office of Federal Services, and
Roger Gerfenbein, Office of State Services, Arthur Andersen & Company
"Cost-Cutting Strategies in State Government"
9:15 am Report from the States

Monte Carlo/ ALEC's State leaders provide updates on legislative issues and actions in the '84 sessions
St Tropez and preview '85 state issues.
9:50 am Land and Resource Use—Sponsored by E. I. duPont de Nemours & Company
Monte Carlo/ Understanding the effects of development decisions, including hazardous waste dis-
St. Tropez posal and energy resource development on your state's natural resources and econ-
omy.
Moderator: John Shlaes, Director of Planning, Edison Electric Institute
Speakers: Ray Snokhous. Group Vice President—External Affairs, Houston Lighting
and Power
Coffee Break—Open Microphone for Questions
Richard Seibert Vice President—Resources & Technology Department, National Asso-
ciation of Manufacturers
TI12750917
1130 am Federal Land and Resource Policy: The Impact on
Korrte Carfo/ the States—Sponsored by Texaco, h e
St Tropez IntroducEcn: Tha Honorable Lee L Verstancfg. Assistant
to the Presidant for Intergovernmental Affairs
Keynote SpeakerzThe Honorable WiEam dark. Seanetary
of the Interior
h 12:15 pm Lunch
St Morrtz/ Speaker: Phyllis Schlafly, President, Eagle Forum WHiatClufc
Capri "Equal Pay for Unequal Work: The Battle on Comparable Worth"
li!
1:15 pm A View From Washington
St Moritz/ Speaker Paul M. Weynch, President Coalitions for America
Capri "Strategies for Conservative Victory: 1984 and Beyond"
1:45 pm Remainder of Afternoon and Evening Free.
:•
SATURDAY, JUNE 2 i
7:45 am Exhibit Area Opens

South Pacific'
Caribbean
8:00 am Breakfast
St Moritz/ Debate: "The Unitary Tax: So Worldly, So Welcome?"
Capri Proponent Gerald H. Goldberg, Executive Officer, California Franchise Tax Board
Opponent: James Johnston, Senior Economist, Standard Oil of Indiana
9:15 am S.A.F.E.—The State Agenda for Exporting—a special presentation on state

Monte Carlo/ initiatives in foreign trade.
St Tropez John Kerwitz and Ron Stephens, Directors. Business^Government Relations, U.S. De-
partment of Commerce
9:40 am International Affairs, A Symposium for

Monte Carlo/ State Lawmakers
St Tropez Foreign policy issues with an impact on your state.
Speakers: Professor David Sidorsky, Department of Philos-
ophy, Columbia University "Israel and the Middle East"
Rick Sellers, High Frontier; "Space Based Defense Systems"
Nestor Sanchez, Deputy Assistant Secretary of Defense
(InterAmerican Affairs), "The U.S. Stake in Central Amer-
ica"
Ntttar Sinch«z
Coffee Break, Open Microphone for Questions
11:00 am "De-Regulation and Privatization: The Agenda for the States"

Monte Carlo/ An overview of the ALEC approach to a variety of state issues
St Tropez Robert Poole, President, The Reason Foundation
11:25 am Health Care Reform Session—Sponsored by SmithKline & French Laboratories

Monte Carlo/ 'Moderator: Assemblyman William J. Filante, M.D., California
St Tropez Speakers: The Honorable David Swoap. California, Secretary of Welfare
Senator Carl Kunasek. Arizona
T112750918
}23G-pm Lunch
St Mortal Speaker: J. Kenneth Cribb, Jr, Assistant Counselor to the
Capri President
"The Reagan Administration and Criminal justice"
T.KanmthGrfbb,Jr.
1:40 pm Financial Institution Reform Session
Monte Carlo/ Speaker: The Honorable William J. Janklow, Governor of South Dakota
St Tropez "The South Dakota Experience"
2:30 pm Education Reform Session

Monte Carta Moderator Dr. Robert Billings, Director of White House Liaison, U.S. Department of
St Tropez Education
Speakers: Samuel Blumenfeld, Education Consultant
Robert Sweet, Office of Policy Development, The White House
3:30 pm Session adjourns. Remainder of Afternoon Free.
4:00- California Hospitality Suite

6:00 pm Wine "feting Featuring California Vintages—Hosted by ALEC California State Chair-
man, Senator William Campbell
6:00 pm California Legislative Host Committee Reception

Acapulco
ALEC A N N U A L AWARDS DINNER

7:00 pm
St. Morltz/Capri
Keynote Speaker: Donald Rumsfeld

Donald Rumsfeld recently served as the President's
Special'Envoy for the Middle East and presently is a
consultant to the President and the Secretary of
State. He is also the President and Chief Executive
officer of G. D. Searle & Co. since 1977. Mr.
Rumsfeld currently is the Chairman of ALECs Busi-
ness Policy Board.
9:00 pm NutraSweet® Suite Opens

Room 312-314 Sponsored by the NutraSweet* Division of G.D. Searle and Company
TI12750919
Greetings to ALEC'S
Leadership Network
It is a great pleasure for me to greet and salute the legislators and distinguished delegates
who are attending your Eleventh Annual Meeting. The efforts of the American Legislative
Exchange Council over the past decade to promote responsible legislative action and to guard
against needless government regulations deserve the applause and respect of the American
People. Thanks to your hard work, more and more people understand the principles of the
"New Federalism" which returns to the states the responsibility which they can most effectively
meet
Though President Reagan's schedule makes it impossible for him to be with you, I want you
to know that he personally salutes your achievements and completely shares in the spirit of
your celebration.
Faith Ryan Whittlesey, Assistant to the President for Public Liaison
I commend the American Legislative Exchange Council for your strong leadership and
service, as well as your commitment to the true values of our Founding Fathers. After meeting
with members of ALEC at the White House Briefing in January I am convinced that the
American Legislative Exchange Council is a vital force in restoring traditional values, limited
government and free enterprise.
Please accept my best wishes for afruitful convention and continued successful service in the
future.
Donald T. Refan, Secretary of the Treasury
While I will be unable to attend the Eleventh Annual Meeting personally, I want to again
express to you and your fellow ALEC legislators my appreciation for your continued interest in
judicial reform issues. While President Reagan has taken the initiative in proposing criminal
justice reforms at the Federal level, many ALEC legislators have been in the forefront of
enacting these same reforms at the state level. "four seminars and publications on these issues
have been an excellent reference for many. Best wishes for a successful convention.
William French Smith, Attorney General
As you know, this Administration has stressed greater federal-state cooperation than ever
before. With your guidance, 48 states now manage the Small Cities Community Development
Block Grant Program, and 46 states participate in the President's new Intergovernmental
Cooperation Act, Executive Order 12372. The thorough and thoughtful research and analysis
work performed by ALEC has contributed greatly to the success of New Federalism, as well as
increased the capacity of states to manage resources in times of change.
Samuel R. Pierce, Jr., Secretary of Housing & Urban Development
I extend my congratulations to the American Legislative Exchange Council for your work in
bringing the government closer to the people. ALEC has become the nation's oldest and
largest individual membership organization of State Legislators because it truly serves people's
needs. Open lines of communication between legislators and the business community increase
the efficiency and effectiveness of the government You are an important liaison between
lawmakers, the business community, Washington, and the State Capitals. Beyond that, your
organization has assisted in the passage of responsible legislation. I commend your dedication
and hard work.
William E. Brock, U.S. Trade Representative
1 TI12750920
ALABAMA LOUISIANA KORTHOAKOTA-
Sea Larry Dixon Rep. E. Clark Gaudin Sen. Pete Naaden
ALASKA MAINE OHIO

Rep. Ramona Barnes Rep. Leland Davis, Jn Rep. Dale N. van Vyven
ARIZONA MARYLAND OKLAHOMA

Sea John Hays Del Ellen Sauerbrey Rep. Dorothy Conaghan
Sea Edward Sawyer
MASSACHUSETTS OREGON
ARKANSAS RepiJohnLonng Rep. Becky DeBoer
Rep-Judy Petty
MICHIGAN PENNSYLVANIA
CALIFORNIA Sea Alan Cropsey Rep. Dick MtClatchy
Sen. William Campbell
MINNESOTA RHODE ISLAND
COLORADO Rep. Adolph Kvam Rep. Bradford Gorham
Sea Cliff Dodge
MISSISSIPPI S O U T H CAROLINA
CONNECTICUT Rep. David Halbrook Sen. Norma Russell
Rep. Michael Rybak
MISSOURI S O U T H DAKOTA
DELAWARE Rep. Jean Matthews Sea Mary McClure
Sen. James RNeal Rep. Randall LRobb
TENNESSEE
FLORIDA MONTANA Rep. Bobby Wood
Rep. Frank Messersmith Sen. Allen Kolstad
TEXAS
GEORGIA NEBRASKA Rep. William Blanton
Rep. Betty Jo Williams Sen. Elroy Hefner
UTAH
HAWAII NEVADA Rep. Orval Harrison
Rep. Hal Jones Sen. William Raggio
VERMONT
IDAHO NEW HAMPSHIRE Sen. George S. Coy
Rep. Donna Scott Sen. Eleanor Pod les
VIRGINIA
ILLINOIS NEW JERSEY Del. C. Jefferson Stafford
Sen. George Ray Hudson Assb. Chuck Hardwick
WASHINGTON
INDIANA NEW MEXICO Rep. Dick Bond
Sen. James R. Butcher Rep.HalStratton
Rep. Jack Skinner WEST VIRGINIA
IOWA Del. James Teets
Sen. Ray Taylor NEW YORK
Assb.John Randolph Kuhl.Jr. WISCONSIN
KANSAS Sen. David Opitz
Sen. Merrill Werts NORTH CAROUNA
Rep. J. Howard Coble WYOMING
KENTUCKY Rep. John M.Jordan Rep. Russell Donley
Sen. Clyde Middletor
TI12750921
ALEC 1963-84 and
of
NATIONAL CHAIRMAN The Honorable Brad Cates Representative WBfcm Presnal

Representative BB Ceverha former Member Texas
Texas New Mexico Legislature
Representative Penny PuDen
FIRST VICE CHAIRMAN fflinois
Representative David Copeland
Senator Norma Russell Tennessee
South Carolina Senator William Ragglo
Representative David Halbrook Nevada
SECOND VICE CHAIRMAN Mississippi
Delegate Ellen Sauerbrey
Representative Roy E Cagle Maryland
Missouri Senator Owen Johnson
NewVbrit
Senator Eva F. Scott
TREASURER Senator John E McCune Virginia
The Honorable Larry Pratt Oklahoma
Former Member Representative T. W. Stivers
Virginia Legislature The Honorable Robert B. Monler Idaho
Former Member
New Hampshire Legislature Senator Ray A. Taylor
SECRETARY Iowa
Representative John H. Brooks
Assemblyman Patrick J. Nolan
Idaho The Honorable Donald L. Totten
CaWbmia
Former Member
IMMEDIATE BAST CHAIRMAN The Honorable Wilbm M. Pok Illinois Senate
Senator Donald E. Lukens Former Member
Ohio Washington State Legislature
ALEC Staff
Kathleen Teague
Executive Director
Brian Young Susan Smith

Administrative Director Director of Development
Michael H. Steinmetz Elizabeth Bennett
Director of Membership Coordinator of Legislative Services
Nanette St. Arnault Lynn P. Booth
Director of Publications Accountant
Sara Most Margaret Blewett
Research Analyst Executive Assistant
Nancy Poplk Maureen Dolehlde
Development Associate Staff Assistant
Kathy Dolehlde
Program Assistant
TI12750922
m
* ? * .W
TI12750923
• ARTICLES
GENERAL NOT FOR PROFIT

FORM Np·29
OF INCORPORATION
UNDER THE
CORPORATION ACT
(ThMo ArtIcI• • •Must Be Fil • • •in
• Dupliceta)
(Do Hill Writa in Thia Space)

Date PaI4 (J - f> -?S-
To JOHN W. LEWIS. Secretary of State.Sprlngf.ield, Illinois.
..
----
Donald L, Totten, 839 W Riggins Roed, Schaumburg, XL 60172
DoJiald Lukens, 1066 E. Park Lane, Middletown, Ohio 45042
i::oiIis Woody Jenkins, P.O. Box 52889, Baton Rouge, Louisianna 70805
,.
beingDatura!pcrsoosof the age of rwc:ol)'~ )'I:U'I or mon: aod c:itizcDI

of the UDiIl:dSlates, (or the purposecit
formingII corporatJoD
UDderthe "Ocoeral Not For Profit Corporatioo
Act" of tbe Staleof IIIiDois,
do herebyadopt the
fonowiDgAnicles ofIocorporatiGn:
!. The Dame of the corpon~OD~: AMERl:CAN LEGISLATIVE ':;& EXCHANGE COUNCIL
1. The periodofcluratiOD is:-.lip•..
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4. The fint Board ofDirectors
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are: u.;
Said corporation is or9anized exclusively for charitable, religious,
educational and scientl.fic purposes, including, for such purpose"s,
the making of distributions to organizations that qualify as ex~pt
organizations .unde.r section 501 (e) (3) of the Internal. Revenue Code
of 1954 (or the correspondin~ provision of any future United States
Internal Revenue Law.)
No part of'~~e net earnings of the corporation shall inure to the
.. - ....----, benefit of, or be distributable to, its me~bers, trustees, officers,
or other private persons, except that the corporation shall be authori:ed
and ~po~ered to pay reasonable co~pensation for services rendered .
and to make payments and distributions in furtherance of the purposes
set forth· 'hereof. No substantial part of the activities
of the corpo~tion shall be the carrying on of propaganda, or otherwise
attempting to influ~nce legislation, and the corporation shall not
participate in, or intervene in (includinq publishing or distribution
of state~ents) any political campa~~h on behalf of any candidate for
public office. Notwithstanding any other provision of these articles,
the corporation shall not carryon any other activities not per:nittud
to be carried on (a) by a corporation cxe~pt from Federal inco~e tnX
under section SOl(c) (3) of the Intc~nal Revenue Code of 19S4 (or thd
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corresponding provision of any future United States Internal Revenue
Law) or (b) by a corporation, contributions to which are deductible
under section l70(c) (2) of the Internal Revenue Code of 1954 (or the
Law) •
6-
Upon the dissolution of the corporation, the Board of Trustees shall,

- . after paying or making provision for the payment of all of the liabilities
of the corporation, dispose of all of the assets of the corporation
exclusively for the purposes of the corporation in such manner, or
to such orqanization or organizations organized and operated exclusively
for charitable, educational, religious, or scientific purposes as
shall at the time qualify as an exenpt organization or organizations
under section SOl(c) (3) of the Internal Revenue Code of 1954 (or the
Law), as the Soard of 'l'rusteesshall determine. Any such assets not
so disposed of shall be disposed of by the Court of Common Pleas of the
county in which the principal office of the corporation is then located,
exclusively for such purposes or to such organization or organizations,
as said Court ahall determine, which are organized and operated exclusively
for such purpOSQs.
(NOTE: Ally special prcMsiOD authorized or permitted by SlalUlC 10 be coatained in the Articles af IncarponItiOll,
may be iasc:rtcd above.) ~
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ACKNOWLEDG;\IENT
STATEOF ILLINOIS, 1..
County Of __ .-;:C;.;:OO=.;;K~ r
1. __ ~C:.:;h:.:e==ry:..l...:l:....:A.:.:.:......:Ry::.L:d::;z::;i::;n=ski=
: Natary Public do hereby certify that DI1 the
:Ytk day of fW~ 19~ Donald
01_ or
Lukens,
IftcaIponIonI
Donald L.
Totten and Louis Woody ~enkins
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RIDER TO ARTICLES OF INCORPORATION, Form NP-29

Question 4
Donald Totten Donald Lukens

Illinois House of Ohio Senate
Rei?resentatives Columbus, OJ! 43215
039 West Higgins Road
Schaumburg, IL 60172
Dennis ~fcDona.ld Louis Jenkins
Florida House of P.O. Bo:::52889
.....<. ~ -' .. Representatives Baton Rouge, Lousiana 70305
". 300 31st Street, North
...
...,.. St. Petersburg, FL 33713
- " "John HcCune Robt!rt Bales
33 ijl QU.;t,i::" C.i:i::~:';' ~OLl';::' 1"' • o. no:: :3 ~
Okalaho~a City, O!~ 73102 Dunville, IN 46122
:'..l==c·~~
!)c!.!.!.!:-ovi Fran}: HensLee
119-06 10lst Avenue 6719 bollan-ray Road
Richr.lOnd Hill, NY 11419 Pine Sluff, Arkansas 71601
Ja."Jes A. !lack Robert B. !lonier
1101 Broau."do= 15 =ast Union Strce:!t
Ta~pe,Arizona 85282 Goffstown, ~m 030tl5
Die.1'I1er True o. Stull
Joll.,
1224 Grenada Street OOG East 4th, ?16
Casper, Nyorning 82601 EsconLiiclo, ClL 92025
~avid Y. Copeland Cal vin Ruci:er

a9~O Fuller Roac P.O. Bo:: 2117
Cll.:l t tanoog a, T;j 37,121 Ce~.3.rrIi1::', 7:~ 7510.1
Eva Scott
Roate 1, BOA 153 3
Church Road, VA 23333
."
Form 990, Part VI, Line 77 - Changes to Organizing Documents
Year Ended December 31, 2007 52-0140979
AMEruCANLEGffiLAT~EXCHANGECOUNCa
BYLAWS
ARTICLEI
NAME
Section 1.01 The name of the corporation shall be the American Legislative Exchange Council
(referred to hereinafter as ALEC).
ARTICLED
PURPOSES
Section 2.01 The purposes and objectives of ALEC shall be to work in cooperation will the
private sector to promote individual liberty, limited government and free enterprise.
To achieve such goals ALEC shall:
1. Assist legislators in the states by sharing research information and staff support
facilities:
2. Establish a clearinghouse for bills at the state level, and provide for a bill exchange
program;
3. Disseminate model legislation and promote the introduction 'of companion bills in
Congress and state legislatures;
4. Improve communications between state legislators and Members of congress;
5. Formulate legislative action programs;
. 6. Strengthen the position of state and local government relative to the federal
governments; and
7. Develop liaison with legislators in other countries on problems of mutual Concern.
ARTICLEm
MEMBERSIm
Section 3.01 Members. The membership of ALEC shall consistof such persons who accept
membership through payment of dues and subscription to the principles of the organization as set
forth in Article 111, Section.3.03.
COpy
Section 3.02 . Terms and Conditions. The Board of Directors may prescribe the terms
and conditions (including the setting of dues, fees and assessments) for the initiation,
maintenance, suspension or termination of membership.
Section 3.03 Qualifications for Membership. FuJI Membership shall be open to

persons dedicated to the preservation of individual liberty, basic American values and
institutions, productive free enterprise, and limited representative government, who
support the purposes of ALEC, and who serve, or formerly served as members of a state
or territorial legislature, the United States congress, or similar bodies outside the United
States of America.
Section 3:04 State Membership. A state or other political sub-division there of, may
become a member of ALEC. Such membership fees will be established as set forth in
Section 3.02.
Section 3.05 Additional Classes of Members. The Board of Directors may establish
more than one class of members, determine their designation, and any particular
qualifications for such membership in addition to those prescribed in Section 3.03.
Section 3.06 Membership List. The Secretary of ALEC shall oversee maintenance of
a membership list in which the names and addresses of all members in good standing
shall be inscribed.
Section 3.07 Termination of Membership. Upon charges preferred against any

member in writing and filed with the Secretary, and upon consideration by the Directors
and the affirmative vote of not less than three-fourths of the Directors present at any
regular or special meeting called for such purpose, at which a quorum is present, a
member shall be expelled or suspended for cause. The written resignation of any
member shall be filed with the Secretary and shall be effective on the date of such filing
unless a laterdate is specified. Any member who has been suspended, or expelled, may
be reinstated by the affirmative vote of three-fourths of the Directors present at any
regular or special meeting called for such purpose at which a quorum is present, and upon
such terms and conditions as the Directors may designate.
ARTICLE IV
MEETINGS OF MEMBERS
Section 4.01 Annual Meeting. An annual meeting of the members shall be held at the
place, date and time determined by the Board of Directors.
Section 4.02 Special Meeting. Special meetings of the members may be called by the
National Chairman of the Board of Directors, or a majority of the Board of Directors.
Section 4.03 Notice of Meeting. Notice of the annual meeting, or of any special
meeting shall be mailed to each member at the address shown on ALEC'S books not less
than ten (10) days before any such meeting. It shall state the place, day and time of such
meeting.
Section 4.04 Conduct ofthe Meeting. The National Chairman or a designee of the
chairman shall preside at each meeting of the members.
Section 4.05 Rules of the Meeting. Meetings of ALEC shall be conducted under the
guidelines of Robert's Rules of Order. except as otherwise provided.
ARTICLE V
BOARD OF DIRECTORS
Section 5.01 General Powers. The business and affairs of ALEC shall be managed by
its Board of Directors. The Board of Directors shall exercise general supervisory power
over all aspects of the administration of ALEC, but it is authorized to delegate such
powers, duties, or responsibilities to such Directors, officers, members, or employees as it
may by resolution provide.
Section 5.02 Number. The number of members of the Board of Directors shall be
twenty-three (23). Eighteen Directors shall be nominated and elected by the Board of
Directors. Three (3) Directors shall be elected by the Board of Directors from a list of six
(6) nominees supplied by the State Chairmen, one of whom shall be the Chair of the State Chairs.
Two (2) Directors shall be elected by the-Board of Directors from a list offour (4) nominees
supplied by the Task Force Chairs, all four of whom shall be Task Force public sector chairs.
Section 5~03 Election and Term. Directors will be elected at each annual meeting for
a term to commence at the first Board of Directors meeting following the 15th of
November. Vacancies for unexpired terms may be filled by the board at any of its
meetings. One-third of the Directors nominated and elected by the Board of Directors
shall be elected each year and their term shall be three (3) years with no limit on
succession. The term of those Directors elected, as nominees of the State Chairmen and Task Force .
Chairs, shall be one (I) year. They may be elected to only one succeeding term without an
interruption in their term of service. Those Directors elected from the list of nominees supplied by
the State Chairmen and the Task Force chairs may be from any state.
Section 5.04 Qualifications. Directors must be a member of ALEC and serve as an

elected state legislator at the time of their election or reelection to the Board, and for the
duration of their term on the Board, except the Immediate Past National Chairman.
Section 5.05 Removal and Vacancies. The Board of Directors may remove any
Director with or without cause by the affirmative vote of three-fourths of the Directors
present at a meeting at which a quorum ispresent, Such action shall not be taken except
upon thirty- (30) days written notice to such Director whose removal is proposed. For
. purposes of this section, cause may include failure to attend two consecutive regular
board meetings without a reason approved by the Board. Members of the Board of
Directors who vacate their Legislative position, for whatever reason, may serve at the
pleasure of the Chairman until the next Board of Directors meeting when they will be
replaced, except as otherwise provided by these bylaws.
Section 5.06 State Restriction. Of the 18 members nominated and elected by the
Board of Directors, only one Board member may serve from anyone State, except that
States having a former National Chairman on the Board of Directors shall be permitted an
additional Board member.
Section 5.07 Annual and Regular Board of Director Meetings. An annual meeting
of the,Board of Directors shall be held in conjunction with the annual meeting of the
members for the purpose of electing officers and carrying on such business as may
properly come before the meeting. Such meeting shall be held at the place where the
members meetings are held. The Board of Directors may adopt a schedule of additional
meetings, which shall be considered regular meetings. A 11 meetings of the Board shall be
held at a place designated by the National Chairman.
Section 5.08 Special Meetings. Special meetings may be called by the National
Chairman or by a majority ofthe Members of the Board of Directors.
Section 5.09 Notice of Meetings. All meetings of the Board of Directors shall be held
.at a place designated in the call, Notice of such meetings may be given orally or in
writing, but not less than ten (10) days priorto such meting. Notice may be waived by
any Director, but such waiver shall J>ein writing. Notice of special meetings held during
the annual or regular meetings shall be given not less than twenty-four (24) hours prior to
such meeting.
Section 5.10 Joint Meetings and Voting Privileges. A joint meeting of the ALEC
Board of Directors and the Private Enterprise Board of Directors will be held at least
once annually, and may be scheduled as directed by the ALEC National Chairman, or at
the request of a majority of the ALEC Board of Directors. Voting will be the exclusive
right of the ALEC Board of Directors. '
Section 5.11 Quorum and Voting. One-third of the Board of Directors shall
constitute a quorum. All matters to be decided at any meeting at which a quorum is
present shall be by the affirmative vote of the majority of the Directors present except in
instances where a vote of a greater number is required by law or by these Bylaws. Each
Director shall, at every meeting, be entitled to one vote. A Director may not vote by
proxy.
Section -5.12 Rules Governing Conduct of Meetings. All meetings will be conducted
under the guidelines of Robert's Rules of Order, except as otherwise provided.
Section 5.13 Telepbonic Meetings. According to procedures adopted by the Board of

Directors, they may participate in a regular or special meeting, or conduct the meeting
through the use of any means of communication by which all Directors participating may
simultaneously hear each other during the meeting. A Director participating in a meeting
by these means is deemed to be present in person at the meeting.
Section 5.14 Action Witbout Meeting. The Board of Directors may take any action
without a meeting, which could be taken at a meeting by execution of written unanimous
consent which shall be-filed and recorded by the Secretary in the same manner as ifthe
meeting had been held. The action taken shall be effective when all Directors have
approved the consent, unless the consent specifies a different effective date.
Section 5.15 Compensation. No Director shall be entitled to any compensation for his
services as a Director, except reimbursement for expenses as authorized by the National
Chairman according to procedures established by the Board of Directors. -
Section 5.16 Cbairman Emeritus. All former National Chairmen, in good standing,
shall be designated as Chairman Emeritus and shall be entitled to participate as ex-officio
members of the Board of Directors, and perform such duties as authorized by the
National Chairman. A Chairman Emeritus, who is no longer a. member of the Board of
Directors, shall not be counted.in the determination of a quorum or entitled to vote.
Section 5.17 Election of Officers. The Board of Directors shall elect, from among its
membership, the Officers of ALEC.
ARTICLE VI
OFFICERS
Section 6.01 Officers. The officers of ALEC shall consist of a National Chairman, a
First National Vice Chairman, a Second National Vice Chairman, a Secretary, and a
Treasurer. In addition there may be such other officers as may be designated from time
to time by the Board of Directors, in accordance with these Bylaws. No two positions
may be held by the same individual.
Section 6.02 Election and Qualification. In accordance with the procedures

established in Article VIII, Section 8.04, the Nominating Committee shall submit the
names of the proposed slate of new officers to the Board of Directors at the annual
meting. Nominations may be submitted by any Director to the Nominating Committee.
There is no automatic succession of officers through the chairs of ALEC.
Section 6.03 Terms of Office. The officers shall be elected at the annual meeting of
the Board of Directors or at such other meetings ofthe Directors as shal1 be called for
such purposes. The officers elected at the annual meeting shall take office at the first Board of
Directors meeting following the lSthof November. Unless otherwise determined by resolution,
officers shall hold office for one year and until their successors shall be elected and qualified. The
Chairman shall hold office for one term and may not succeed his or herself.
Section 6.04 Resignation. Any officer may resign at any time by giving written notice
of his or her resignation to .the Chairman or to the Secretary. Any such resignation shall
take effect at the time specified therein or, if no time is so specified, upon its receipt by
the appropriate officer. Acceptance of a resignation shall not be necessary to make it
effective.
Section 6.05 Removal. The Board of Directors may, remove any officer from his or
her office with or without cause by the affirmative vote of three-fourths of the Directors
present at a meeting at which a quorum is present. Such action shall not be taken except
upon thirty- (30) days written notice to theofficer whose removal is proposed.
Section 6.06 Vacancies. A vacancy in the office of National Chairman, during his
term, shall automatically be filled by the First Vice Chairman. Other vacancies in any
office shall be filled by a vote of a majority of the Board of Directors.
ARTICLEVll
DUTIES OF QFFICERS
Section 7.01 The.Natlonal Chairman. The National Chairman shall be the chief
executive officer and shall conduct the general and active management and direction of
the business and affairs of ALEC and shall have general supervision over other officers
and the Executive Director and staff, subject, to the control of the Board of Directors.
The National Chairman shall preside at all meetings of the members and Board of
Directors. He or she shall be empowered to appoint committees and shall, ex officio, be
a member of all such committees.
The National Chairman may sign, execute and deliver in the name of ALEC all deeds,
mortgages, bonds, contracts, and other instruments, except in cases where such signing,
execution or delivery thereof shall be expressly delegated otherwise by the Board of
Directors, by these Bylaws o'r by the laws of the State of Illinois. He or she shall perform
all duties incident to the office of National Chairman and such other duties as may from
time to time be assigned by these Bylaws or by the Board of Directors.
Section 7.02 The First National Vice-chairman. In the event of the temporary
absence or disability of the Chairman, the First Vice-chairman shall performall of the
duties of the Chairman. At all other times, the First Vice-chairman shall perform such
duties and exercise such powers as from time to time may be assigned to him or her by
these Bylaws, the Board of Directors or the Chairman.
Section 7.03 The Second National Vice-chairman. The Second National Vice Chairman
shall perform such duties and exercise such powers as from time to time may
be assigned to him or her by these Bylaws, the Board of Directors or the Chairman.
Section 7.04 The National Secretary. The Secretary shall attend the meetings of the
Board of Directors, ofthe members of ALEC, of the Executive Committee of the Board
of Directors and shall record all of the proceedings of such meetings and shall be the
custodian of the seal arid shall affix the seal to all such documents as may be required by
law. The Secretary shall give or cause to be given notice of all meetings of the members
and of the Board of Directors in accordance with the provisions of these Bylaws and shall
keep copies of these Bylaws available for inspection by the membership, the officers or
the Board of Directors. In general, the Secretary shall perform such duties incident to the
office of Secretary and other duties as may from time to time be assigned by these '
,Bylaws, the Board of Directors or the Chairman.
Section 7.05 The National Treasurer. The Treasurer shall be authorized to collect all
monies payable to ALEC, shall be charged with the care and custody of the funds, and
shall make such disbursements as are necessary from such funds. He or she shall keep
the financial and bank accounts and shall enter in detail all receipts and disbursements
and shall report thereon at the request of the Board of Directors or the Chairman. The
books of account of ALEC shall be open at all times 'for inspection of the Board of
Directors and any officer. The Treasurer shall perform all duties incident to the office of
Treasurer and such other duties as may from time to time be assigned to him or her by
these Bylaws, the Board of Directors or the Chairman.
The Board of Directors is empowered to 'assign certain financial responsibilities in

particular circumstances. Checks issued by the corporation shall be signed by the
Executive Director and countersigned by either the National Chairman, The Treasurer or
any other person designated by the Board of Directors, except that funds from the petty
cash fund containing not more than One Thousand Dollars ($1,000.00) may be disbursed
for unanticipated expenses on the signature ofthe Executive Director.
ARTICLEVDI
CO~ESOFDIRECTORS
Section 8.01 Committees. There shall be an Audit Committee, a Nominating

Committee, an Executive Committee, and any such committees as appointed by the
National Chairman. The Soard of Directors shall have the power to direct the Chairman
to appoint or terminate Committees. .
Section 8.02 Executive Committee. The Executive Committee shall be composed of
Officers, the Immediate Past Chairman and the Executive Director (non-voting), and
shall have powers as delegated by the Board of Directors to take actions between Board
meetings. Four (4) members of the Committee shall constitute a quorum not including
the Executive Director. The Committee shall annually consider and shall submit to the
Board of Directors for approval a long-term strategic plan.
Section 8.03 Audit Committee. The Audit Committee shall be composed of Directors
who shall review the financial records of ALEC and provide fiscal reports and
recommendations to the Board of Directors, and shall review the work of an independent
auditor who shall conduct an annual audit of ALEC.
Section 8.04 Nominating Committee. The Nominating Committee shall be appointed from the
Board of Directors by the National Chairman and shall consist of the.National Chairman, serving as
Chairman of the committee, and past National Chairmen who are serving on the Board of
Directors. The committee shall consist of five (5) members. In the event there are less than four (4)
eligible past Chairmen the National Chairman may appoint an additional member or members from
the Board of Directors as required. The Nominating Committee shall submit a list of candidates for
election as Officers and Directors including three names from the list of six nominees submitted by
the State Chairmen and the list off our (4) nominees submitted by the Task Force Chairs. In so far
as possible, consideration shall be given to geographic balance and bipartisan representation, The
Nominating Committee may not nominate any of its members for positions enumerated in Article
VI.
Section 8.05 Committee Meetings. Committee meetings will be convened at the call
of the Committee Chairman with the consent of the National Chairman, or as may be
authorized by the Board of Directors.
ARTICLE IX
EXECUTTVEDERECTOR
Section 9.01 Appointment. With the approval6ftheBoard of Directors, the National

Chairman shall appoint and determine the salary and conditions of the Executive
Director. The Executive Director shall serve at the pleasure ofthe Board of Directors.
Section 9.02 Dunes and Powers. The Executive Director shall be the chief
administrator of ALEC responsible for management functions under the direction of the
National Chairman. He shall manage and direct all activities of ALEC as prescribed by
the Board of Directors. He shall employ, and may terminate, members of the staff
necessary to carry. on the work of ALEC, shall fix their compensation within the
approved budget, subject to the direction and approval of the National Chairman and the
Board of Directors, and supervise them in the conduct of their duties.
ARTICLE X
STATE CHAIRMEN AND STEERING COMMITTEE
. Section 10.01 Appolntment, All State Chairmen are appointed by the National Chairman. All
Private Sector State Chairmen are appointed by the ALEC State Chairman, and confirmed by both
the Private Enterprise Board Chairman, and the National Chairman. Each ALEC State Chairman
shall appoint a Private Sector State Chairman to serve concurrently with the State Chairman.
Section 10.02 Term. State Chairmen serve for a two- (2) year term. and may be
reappointed by the National Chairman. .
Section 10.03 Duties. State Chairmen duties shall include recruiting new members,
working to ensure introduction of model legislation, suggesting task force membership,
establishing state steering committees, planning issue events, and working with the
Private Enterprise State Chairman to raise and oversee expenditures of legislative
scholarship funds.
Section 10.04 Meetings. State Chairmen shall meet at least three (3) times a year in
conjunction with scheduled meetings of the National Board.
Section 10.05 Elections. State Chairmen and Private Sector State Chairmen
shall meet at the ALEC Annual Meeting to separately elect a Chairman and a Private Sector Co-
Chairman from their respective members whose duties shall be to preside at their meetings.
Pursuant to Article V, Section 5.02, State Chairmen shall nominate six members, one of whom
shall be the Chair of the State Chairs, whose names shall be submitted to the ALEC Board of
.Directors Nominating Committee for consideration as ALEC Directors. The duty of the Private
Sector Cochairman is to assist the Chairman in fund rising and private/public sector recruitment
and retention. The Chairman ofthe State Chairmen and the Private Sector Co-chairman may not
serve more than two (2) consecutive two- (2) year terms, In addition, the State Chairmen shall
establish an Executive Committee: composed of the following: Chairman of the State Chairmen
(who will Chair the Executive Committee) the Private Sector Cochairman of the State Chairmen,
and the three designated public sector State Chairmen currently serving on the ALEC Board of
Directors, and three Private Sector State Chairmen selected by the Private Sector State Chairmen.
The Executive Committee shall meet at the Fall Board Strategic Planning Meeting, and at the
Anriual Meeting.
Section 10.06 Steering Committee. State Steering Committees shall consist ofa State
Chairman, a Vice Chairman from the opposite party, if appropriates Senate and House
Membership Coordinators, Legislative Issue Coordinators and such other members as set
forth in ALEC'S strategic plan.
Section 10.07 State Scholarship Accounts. All funds for ALEC State Scholarship
Accounts shall be deposited in accounts designated by the ALEC Board of Directors.
State Chairmen are prohibited from establishing, maintaining, or utilizing any other such
accounts for ALEC purposes. Violation of this section shall constitute grounds for (1)
immediate removal from a leadership position, and (2) dismissal from membership in
accordance with these bylaws.
ARTICLE XI
TASK FORCES
Section 11.01 Authority. Task Forces will be authorized by the Board of Directors for
developing policy positions that promote ALEC purposes and objectives.
Section 11.02 Members. Task Forces will consist oflegislators and private sector
members of ALEC.
Section 11.03 . General Powers. Task Forces are empowered to consider and debate
legislative. issues and to adopt model legislation, resolutions, and policy positions.
Section 11.04 Actions. All actions of the Task Force are to be submitted to the Board
of Directors for adoption as ALEC policy positions.
Section 11.05 Procedure. Specific rules of procedure for the operation of task forces will be
adopted by the Board of Directors. compiled and known as the Task Force Operating Procedures.
ARTICLEXll
FINANCE
Section 12.01 General Provisions. ALEC shall be financed by proceeds from its
membership dues and grants from public and private sector interests.
Section 12.02 Annual Budget and Amendments. The Executive Director shall present
. a proposed budget for the coming fiscal year to the Board of Directors who may amend
and adopt the budget by a majority vote. .
Section 12.03 Fiscal Year. The fiscal year shall begin on the First day of January and
shall end on the Thirty-first of December.
Section 12.04 . Audit. The books and records of ALEC shall be audited at least once
annually by an independent auditor or accountant and approved by the Board of
Directors.
Section 12.05 Contracts and Agreements. The Board may enter into contracts with
government, private interests, or foundations for funding grants which are determined to
be in the interests of ALEC and its philosophical purposes.
Section 12.06 Financial Statement. The Treasurer shal1 issue to the Board of Directors
an annual statement of its financial condition as of the close of each fiscal year.
ARTICLExm
GENERAL PROVISIONS
Section 13.01 Amendments. These Bylaws may be amended by the affirmative vote of a
majority of the 23 member Board of Directors. A ten-day notice will be given in
advance of any meeting cal1ed to change the Bylaws.
Section 13.02 Registered Agent. The name and address of the registered agent of the
corporation shall be provided by resolution of the Board of Directors. Said registered
agent shall be a citizen of the State of Illinois and reside therein. .
Section 13.03 Principal Place ofB"usiness. The principal place of business of the
corporation shall be, Washington, D.C. The Board of Directors may authorize other
places of business to suit the needs of the corporation.
Section 13.04 The Seal of ALEC. The seal of ALEC shall be circular in form, shall
bear its name in the margin thereof and shall indicate the facts of its corporation in the
State of Illinois in the year of 1975.
ARTICLE XIV
INDEMNIFICATION
Section 14.01 Indemnification of Officers, Board of Directors, Employees .and

Agents.
(a) ALEC mayindernnity any person who was oris party, or is threatened to
be made a party to any threatened. pending or completed action, suit or
proceeding whether. civil, criminal, administrative or investigative (other
than an action or in the right of ALEC) by reason of the fact that he or she
is or was a director, officer, employee, or agent of ALEC, or who is or was"
serving at it request as a director, officer, employee or agent of another
corporation, partnership, joint venture, trust or other enterprise, against
expenses (including attorneys fees),.judgments, fines and amount paid in
settlement actually and reasonable incurred by such person in connection
with such action, suit or proceeding, if such person acted in good faith and
in a manner he or she reasonably believed to be in, or not opposed to, the
best interests of ALEC, and, with respect to any criminal action or
proceeding had no reasonable cause to believe his or her conduct was
unlawful. The termination of any action, suit or contendere or its
equivalent, shall not, of itself, create a presumption that the person did not
act in good faith and in a manner which he or she reasonably beJieved to
be in or not opposed to the best interest of the corporation or, with respect
to any criminal action or proceeding, that the person had reasonable cause
to believe that his or her conduct was unlawful.
(b) ALEC may indemnify any person who was or is a party, or is threatened
to be made a party to any threatened. pending or completed action or suit
by or in the right of the corporation to procure a judgement in its favor by
reason of the fact that such person is or was a director, officer, employee
or agent of ALEC, or is or was serving at its request as a director, officer,
employee or agent of another corporation, partnership, joint venture, trust
or other enterprise, against expenses (including attorney's fees) actually
and reasonably incurred by such person in connection with the defense or
settlement of such action or suit, if such person acted in good faith and in a
manner he or she reasonably believed to be in or not opposed to, the best
interests of ALEC provided that no indemnification shall be made in .
respect of any claim, issue or matter as to which such person shall have
been adjudged to be liable for negligence or misconduct in the
performance of his or her duty to ALEC. unless, and only to the extent that
the court in which such adjudication of Jiability, but in view of all the .
circumstances of the case, such person is fairly and reasonably entitled to
indemnity for such expenses as the court shall deem proper.
(c) .To the extent that a director, officer, employee or agent of ALEC has been
successful, on the merits or otherwise, in the defense of any action, suit or
proceeding referred to in subsections, (a) and (b), or in defense of any
claim, issue or matter therein, such person shall be indemnified against
expenses (including attorney's fees) actually and reasonably incurred by
such person in connection therewith.
(d) Any indemnification under subregion (a) and (b) (unless ordered by a
court) shall be made by ALEC only as authorized in the specific case upon
a determination that indemnification of the director, officer, employee or
agent is proper in the circumstances because he or she has met the
applicable standard of conduct set forth in subsection (a) and (b). Such
determination shall be made (I) by the Board of Directors by a majority
vote of a quorum consisting of directors who were not parties to such
action, suit or proceeding. or (2) if such a quorum is not obtainable, or
even if obtainable, if a quorum of disinterested directors so directs, by
independent legal counsel in a written opinion.
(e) Expenses incurred in defending a civil or criminal action, suit or

proceeding may be paid by ALEC in advance of the final disposition of
such action, suit or proceeding, as authorized by the Board of Directors- in
the specific case, upon receipt of an undertaking by or on behalf of the
director, officer, employee or agent to repay such amount, unless it shall
ultimately be determined that he or she is entitled to be indemnified by
ALEC as authorized in this Section.
The indemnification provided by this Section shall not be deemed exclusive of any other
rights to which those seeking indemnification may be entitled under any bylaw,
agreement, vote of disinterested directors, or otherwise, both as to action in his or her
official capacity and as to action in another capacity while holding such office, and shall
continue as to a person who has ceased to be a director, officer, employee or agent, and
shall inure to the benefit of the heirs, executors and administrators of such a person.
ARTICLE XV
PRIVATE ENTERPRISE BOARD
Section 15.01 Creation. The formation of a Private Enterprise Board to support the .
activities and programs of ALEC is authorized.
Section 15.02 Bylaws. The Private Enterprise Board may establish and amend its
bylaws subject to the approval of the ALEC Board of Directors.
Section 15.03 Menibership. Members of the Private Enterprise Board are appointed by
the National Private Enterprise Board Chairman with the advice and consent of the
ALEC Board of Directors.
Section 15.04 Member Activities. Members of the Private Enterprise Board may be
invited to attend all ALEC meetings and functions. The Chairman may appoint members
of the Private Enterprise Board to serve on committees pursuant to rules adopted by the
ALEC Board of Directors. .
Section 15.05 Chairman. The Chairman of the Private Enterprise Board shall serve as
a non-voting ex-officio member of the ALEC Board of Directors, and any Committee,
excepting the Nominating Committee, at the appointment of the ALEC National
Chairman.
Section 15.06 ALEC National Chairman. The ALEC National Chairman shall serve
as an ex-officio member ofthe Private Enterprise Board and shall serve as the ALEC
Board of Directors official contact between ALEC and the corporations and foundations
whose representatives serve on the Private Enterprise Board.
Section 15.07 Limitations. The Private Enterprise Board is prohibited from entering
into any contracts, establishing any checking account or deposit arrangement outside of
that which exists between ALEC and any financial institution. .
Section 15.08 Finances. All funds of the Private Enterprise Board shall be deposited in
accounts designated by the Board of ALEC.
. ARTICLE XVI
NATIONALC~SCOUNCa
Section 16.01 Appointment and Term. The National Chairman's Council shall consist
of thirteen (13) individua1s. Members of the Council sha11serve staggered three (3) year
ofterms, and may serve consecutive terms. Membership on the Council shall consist of the
following:
1. The serving National Chairman, who shall also serve as the Chair ofthe
Council;
2. The Immediate Past National Chairman, who shall also serve as Vice
Chair of the Council, provided he/she has remained a public member in
. good standing;
3. Up to four (4) individuals who are former National Chairs and who have
remained public members in good standing. Such members shall be
nominated by the National Chair and require ratification by a majority
vote of the Board of Directors. In the event that any such positions are not
filled, including that of Vice Chair, for whatever reason, by former
National Chairs, public sector members in good standing may be
nominated to fill any such positions; provided that at all times .the number
of public sector members on the Council shall exceed by one the number
of private sector members;
4. The current Private Enterprise Board chair and such other ALEC public
sector members as nominated by the National Chairman and approved by
the Board of Directors;
5. Up to five (5) individuals appointed from the private sector. Such

members shall be nominated by the National Chair, upon the advice of the
Executive Director and the Chair of the Private Enterprise Board. All
such nominations shall require ratification by a majority vote of the Board
of Directors. The Executive Director shall develop criteria for.eligibility
for such membership, including minimum levels of grants, subject to
approval by the Board of Directors. .
The National Chairman may also appoint public and private sector members in good standing as
non-voting, ex-officio members of the Council.
Section 16.02 Responsibilities. The National Chairman's Council shall be responsible

for assisting in improving the financial stability of ALEC increasing the ALEC Reserve
Fund; considering the establishment and management of an endowment fund for ALEC;
providing financial advice concerning the financial management of ALEC; reviewing and
Investigating the financial condition and operation of ALEC; and performing such other
financially related duties as may be delegated to it from time to time by the Board of
directors.
The National Chairman's Council shall be authorized to request reports, financial

statements, and such other. documentation from the Executive Director as are reasonably
necessary to carry out its responsibilities. The Board of Directors shall require the
Executive Director to comply with such requests unless refused as set forth in Section
16.05. If the Council determines in its best judgment that the Executive Director or the'
Board of Directors has acted or is acting imprudently or inadvisably with respect to
ALEC'S finances, the Council shall be empowered to (1) authorize an independent audit
and employ independent personnel if necessary, of any or all of ALEC'S funds and
accounted including fund balance and any endowments as may be created; (2) meet with
the Board of Directors, and report to the Board of Directors the results of any reviews
undertaken; (3) make such written recommendations and reports relating to ALEC'S
finances as may be necessary, but specifically with responsibility to identify any financial
inefficiencies or irregularities and to report the some in writing to the Board of Directors
with recommendations for corrective action; and/or (4) perform any such other ants
reasonably necessary to carry out its responsibilities as prescribed by the Board of
Directors.
Section 16.03 Reporting. The Council shall make written recommendations and report
to the Board of Directors regarding ALEC'S financial management, accounting, financial
procedures and financial organization. The Council shall report to the Board of
Directors, as necessary, but not less than annual1y, in writing the results of its review(s).
Any recommendations contained in such financial reports shall be binding on the Board
of Directors unless refused as set forth in section 16.05.
Section 16.04 Meetings and Rules of Meetings. The National Chairman's Council shall hold its
initial meeting, and any subsequent meetings, and shall meet at least twice each year, at such place
and at such time as it deems necessary. Special meetings of the Council shall be held whenever
;,'
called by the Chairman or at the written request of any three or more members. A majority of
members shall constitute a quorum for the transaction of business. Private sector members shall not
be compensated for their service as a member of the Council. No staff person shall receive
additional compensation beyond his/her regular salary for service to the Council. Members may not
vote by proxy. No public members shall be entitled to any compensation for his/her service as a
member of the Council, except reimbursement for expenses as authorized by the National
Chairman according to procedures established by the Board of Directors.
The Council shall establish any other such rules necessary for the conduct of such meetings.
Seetlon 16.05 Override.The Board of Directors shall implement the recommendations

of the National Chairman's Council, unless rejected by a two-thirds (2/3) vote of the full
membership of the Board of Directors.
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Approved June 7, 1980
BYLAWS
OF THE
AMERICAN LEGISLATIVEEXCHANGE COUNCIL
- . ARTICLE I
Name
, The name of the corporation shaJ.l be the American Legislative Exchange Council
and it is sometimes referred to hereinafter as the Council.
ARTICLE n
Purposes
The Council is organized and operated exclusively for the charitable and public
purposes stated in Its Articles of Incorporation. In furtherance of such purposes, it
shall (a) assist legislators in the states by sharing research information and staff
support facilities; (b) establish a clearinghouse for bills at the state level, and
provide for a bill exchange program; (e) disseminate model legislation and promote
the introduction of companion bills in Congress and state legislatures; (d) improve
communications between state legislators and Members of Congress; (e) formulate
legislative action programs; (f) strengthen the position of state and local governments
relative to the federal government; and (g) develop liaison with legislators in other
countries on problems of mutual concern.
ARTICLE m
MemberShip
Section 1. Members. The membership of the Council shall consist of such

persons as the Board of Directors, or, in the delegation of its authority, a Membership
Committee, may from time to lime elect to membership. .
Section 2. Terms and Conditions. The Board of Directors may prescribe the
terms and conditions (including the setting of dues, fees and assessments) for the
maintenance, suspension or termination of- membership.
Section 3. Qualification for Membership. Membership shall be open to persons
dedicated to the preservation of individual liberty, basic American values and institu-
tions, productive free enterprise, and limited representative government, who support
'the purposes of the Council, and who serve, or formerly served, as members of a
state or territorial legislature, the United States Congress, or similar bodies outside
the United States of America.
Section 4. Additional Classes of Members. The Board of Directors may establish
more than one class of members, determine their designation, and any particular
qualifications for such membership in addition to those prescribed in Section 3.
Section 5. Membership List. The Secretary of the Council shall keep a member-
ship list in which the names and addresses of all members in good standing shall be
inscribed.
Section 6. Annual Meeting. An annual me-;ting or the members shall be held
at the place, date and time determined by the Board or Directors.
-~- Section 7. Conduct oC the Meeting. The Chairman oC the Board of Directors
or in his absence. the Vice-Chairman, shall preside at each meeting of the members.
The Secretary oC the meeting or in his or hcr absence, the chairman shall appoint a
Secrelary of the meeting.
Section B. Termination of Membership. Upon charges preferred against any
member, in writing, and filed with the Secretary, and upon consideration by the
Directors, and the aCfirmative vote of not less than three-fourths of the Directors
constituting a quorum of any annual meeting or special meeting called for such
purpose. a member shall be expelled or suspended for cause. The written resignation
or any member shall be filed wilh the Secretary and shall be effective the date of
such filing unless later date is specified. Any member who has resigned, been suspended,
) or expelled, may be rein-stated by the affirmation vote of thrce-Icurths of the
Directors present at any regular or special meeting called for such purpose and upon
such terms and conditions as the Directors may designate.
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Section 4. Resignation. Any ofricer may resign at any time by giving written
notice of his or her resignation to the Chairman or to the Secretary. Any such
resignation shall take effect at the time specified therein or if no time is so specified.
upon its receipt by the appropriate officer. Acceptance of a resignation shall not
be necessary to make it effective.
Section 5. Vacancies. A vacancy in any oCCiceshall be frued by a vote of 8
majority of the Board of Directors with or without a meeting with the ruling of the
appropriate written consents to sucb elections of sucb majority.
Section 6. The Chairman. The Chairman shall be the chief executive officer
- . and shaD conduct the general and active management and direction of the business
and affairs of the Council and shall have general supervision over other officers and
Exeeutive Director and starf subject, however. to the control of the Board of Directors.
The Chairman shall preside at all meetings of the members. He or she shall be
empowered to appoint committees and shall. Ex Officio. be a member of all such
committees. The Chairman may sign. execute and deliver in the name of the Council
all deeds. mortagages. bonds. contracts. and other instruments. except in cases where
such signing. execution or delivery thereof shall be expressly other delegated by the
Board of Directors. by these Bylaws or by the laws of the State of Olinois. He or
she shall perform all duties incident to the office of Cbairman and such other duties
as may from time to time be assigned by these Bylaws or by the Board of Directors.
Section '1. The Vice-Chairman. In the event of the temporary absence or
disability of the Chairman, the Vice-Chairman shall perform all of the duties of the
Chairman. At all other times. the Vice-Chairman shall perform SUch duties and
exercise such powers as from time to time may be assigned to him or her by these
Bylaws. the Board of Directors or the Chairman.
Section 8. The Secretary. The Secretary shall attend the meetings of the
Board of Directors. of the members of the Council. of the Executive Committee of
the Board of Directors and shall record all of the proceeding of such meetings and
shall be the custodian of the seal and shall affix the seal to all such documents as
may be required by law. The Secretary shall give or cause to be given notice of all
meetings of the members and of the Board of Directors in accordance with the
provisions of these Bylaws and shall keep copies of these Bylaws available for inspection
by the membership. the officers or Board of Directors. In general. the Secretary •
shall perform such duties incident to the office of Secretary and Other duties as
may from time to time be assigned by these Bylaws. the Board of Directors or the
Chairman.
Section 9. The Treasurer. The Treasurer shall be authorized to collect all
monies payable to the Council. shall be charged with the care and custody of the
funds. and shall make such disbursements as are necessary from such funds. He or
she shall keep the financial and bank accounts and shall enter in detail all receipts
and disbursements and shall report thereon at the request of the Board of Directors
or the Chairman. The books of account of the CouncU shall be open at all times
for inspection of the Board of Directors and. any officer. The Treasurer shall perform
all duties incident to the officer of Treasurer and such other duties as may from
time to time be assigned to him or her by these Bylaws. the Board of Directors or
the Chairman. The Board of Directors is empowered to assign certain financial
responsibilities to such other circumstances. Checks issues by the corporation shall
tie signed by the Executive Director and countersigned by either the Chairman. the
Treasurer or any other person designated by the Board of Directors except that
funds from the special account containing not more than One Thousand Dollars (Sl.000.00)
may he disbursed for unanticipated expenses on the signature of the Executive Director.
Section 10. Executive Director. The Executive Director. at the direction of
the Chairman and the Board of Directors. shall be responsible for the general
administration of the corporation and shall perform other such duties as are assigned
or delegated by the Board of Directors.
ARTICLE VI
.. -~
Seal
The seal of the Council shall be circular in form. shall bear its name in the
margin thereof and shall indicate the fact of its incorporation in the State of Dlinois
in the year 1975.
ARTICLE VII
General Provisions
Section 1. Fiscul Year. The fiscal year shall begin on the First day of January
and shall end on the Thirty-first day of December.
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Section 2. Audit. The books and records of the Council shall be audited at
least once annually by an independent auditor or accountant and approved by the
Board of Directors.
Seetion 3. Financial Statement. The Council shall issue to its Board or Directors
and any member who requests same, an annual statement of its financial condition
as of the close oC each fiscal year.
Seetion 4. Amendments. These Bylaws may be amended by two-thirds" vote
of the Board of Directors at the annual meeting or at any official meeting thereof,
except for Article m. Section 3; Article IV, Section 3; and Article vn. Section 4.
which may only be amended by a majority vote of the members present at the
annual meeting. The Board of Directors may, by resolution, appoint a Bylaws Committee
composed of officers, directors or members, to recommend amendments under such
procedures as the Directors, in their discretion, deem advisable.
Seetion S. Registered Agent. 'l'be name and address of the registered agent
oC the corporation shall be provided by resolution of the Board of Directors. Said
registered agent shall be a citizen of the State of Winois and reside therein.
Section 6. Committees. The Board of Directors may appoint such committees,
including an Executive Committee, at any regular meeting or special meeting ealled
Cor such purpose. The Executive Committee shall consist of not less that five members
of the Board of Directors and a quorum for such Executive Committee shall consist
of not less than fo~r persons.
Section 7. Principal Place of Business. 'the principal place of business of the
corporation shall be Washington, D.C. The Board of Directors may authorize other
places of business to suit the needs of the corporation.
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BYLAWS
ARTICLE I
NAME
Section 1.01 The name of the Corporation shall be the American Legislative Exchange
Council (referred to hereinafter as ALEC)
ARTICLEH
PURPOSES
Section 2.01 The purposes and objectives of ALEC shall be to work in cooperation with the
private sector to promote individual liberty, limited government and free enterprise. To achieve
such goals, ALEC shall:
I. Assist legislators in the states by sharing research information and staff support
facilities;
2. Establish a clearinghouse for bills at the state level, and provide for a bill
exchange program;
3. Disseminate model legislation and promote the introduction of companion bills in

Congress and state legislatures;
4. Improve communications between state legislators and Members of Congress;
5. Formulate legislative action programs;
6. Strengthen the position of state and local government relative to the federal
government; and
7. Develop liaison with legislators in other countries on problems of mutual

concern.
ARTICLE III
MEMBERSHIP
Section 3.01 Members. The membership of ALEC shall consist of such persons who accept
membership through payment of dues and subscription to the principles of the organization as
set forth in Article III, Section 3.03.
Section 3.02 Terms and Conditions. The Board of Directors may prescribe the tenus and
Bylaws Revised 12/04/96

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conditions (including the setting of dues, fees and assessments) for the initiation, maintenance,
suspension or termination of membership.
Section 3.03 Qualifications for Membership. Full Membership shall be open to persons
dedicated to the preservation of individual liberty, basic American values and institutions,
productive free enterprise, and limited representative government, who support the purposes of
ALEC, and who serve, or formerly served as members of a state or territorial legislature, the
United States Congress, or similar bodies outside the United States of America.
Section 3.04 State Membership. A state, or other political sub-division thereof, may become a
member of ALEC. Such membership fees will be established as set forth in Section 3.02.
Section 3.05 Additional Classes of Members. The Board of Directors may establish more
than one class of members, determine their designation, and any particular qualifications for
such membership in addition to those prescribed in Section 3.03.
Section 3.06 Membership List. The Secretary of ALEC shall oversee maintenance of a
membership list in which the names and addresses of all members in good standing shall be
inscribed.
Section 3.07 Termination of Membership. Upon charges preferred against any member in
writing and filed with the Secretary, and upon consideration by the Directors and the affirmative
vote of not less than three-fourths of the Directors present at any regular or special meeting
called for such purpose, at which a quorum is present, a member shall be expelled or suspended
for cause. The written resignation of any member shall be filed with the Secretary and shall be
effective on the date of such filing unless a later date is specified. Any member who has been
suspended, or expelled, may be reinstated by the affirmative vote of three-fourths of the
Directors present at any regularor special meeting called for such purpose at which a quorum is
present, and upon such terms and conditions as the Directors may designate.
ARTICLE IV
MEETINGS OF MEMBERS
Section 4.01 Annual Meeting. An annual meeting of the members shall be held at the place,
date and time determined by the Board of Directors.
Section 4.02 Special Meeting. Special meetings of the members may be called by the
National Chairman of the Board of Directors, or a majority of the Board of Directors.
Section 4.03 Notice of Meeting. Notice of the annual meeting, or of any special meeting shall
be mailed to each member at the address shown on ALEC's books not less than ten (10) days
before any such meeting. It shall state the place, day and time of such meeting.
Section 4.04 Conduct of the Meeting. The National Chairman or a designee of the chairman,
Bylaws 2 Revised 12/04/96

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shall preside at each meeting of the members.
Section 4.05 Rules of the Meeting. Meetings of ALEC shall be conducted under the
guidelines of Robert's Rule of Order, except as otherwise provided.
ARTICLE V
BOARD OF DIRECTORS
Section 5.01 General Powers. The business and affairs of ALEC shall be managed by its
Board of Directors. The Board of Directors shall exercise general supervisory power over all
aspects of the administration of ALEC, but it is authorized to delegate such powers, duties, or
responsibilities to such Directors, officers, members, or employees as it may by resolution
provide.
Section 5.02 Number. The number of members of the Board of Directors shall be twenty-one
(2 I). Eighteen Directors shall be nominated and elected by the Board of Directors. Three (3)
Directors shall be elected by the Board of Directors from a list of six (6) nominees supplied by
the State Chairmen.
Section 5.03 Election and Term. Directors will be elected at each annual meeting for a term
to commence at the first Board of Directors meeting following the 15th of November.
Vacancies for unexpired terms may be filled by the board at any of its meetings. One-third of
the Directors nominated and elected by the Board of Directors shall be elected each year and
their term shall be three (3) years with no limit on succession. The term of those Directors
elected as nominees of the State Chairmen shall be one (I) year. They may be elected to only
one succeeding term without an interruption in their term of service. Those Directors elected
from the list of nominees supplied by the State Chairman may be from any State.
Section 5.04 Qualifications. A Director must be a member of ALEC. All candidates for
Director must be a state legislator at the time of their election or reelection to the Board, except
the Immediate Past National Chairman.
Section 5.05 Removal and Vacancies. The Board of Directors may remove any Director with
or without cause by the affirmative vote of three-fourths of the Directors present at a meeting at
which a quorum is present. Such action shall not be taken except upon thirty (30) days written
notice to such Director whose removal is proposed. For purposes of this section, cause may
include failure to attend two consecutive regular board meetings without a reason approved by
the Board. Members of the Board of Directors who vacate their Legislative position, for
whatever reason, may serve at the pleasure of the Chairman until the next Board of Directors
meeting when they will be replaced, except as otherwise provided by these bylaws.
Section 5.06 State Restriction. Of the 18 members nominated and elected by the Board of
Directors, only one Board member may serve from anyone State, except that States having a
former National Chairman on the Board of Directors shall be permitted one additional Board

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member.
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Section 5.07 Annual and Regular Board of Director Meetings. An annual meeting of the
Board of Directors shall be held in conjunction with the annual meeting of the members for the
purpose of electing officers and carrying on such business as may properly come before the
meeting. Such meeting shall be held at the place where the members meeting is held. The
Board of Directors may adopt a schedule of additional meetings which shall be considered
regular meetings. All meetings of the Board shall be held at a place designated by the National
Chairman.
Section 5.08 Special Meetings. Special meetings may be called by the National Chairman or
by a majority of the Members of the Board of Directors.
Section 5.09 Notice of Meetings. All meetings ofthe Board of Directors shall be held at a
place designated in the call. Notice of such meetings may be given orally or in writing, but not
less than ten (10) days prior to such meeting. Notice may be waived by any Director, but such
waiver shall be in writing. Notice of special meetings held during the annual or regular
meetings shall be given not less than twenty-four (24) hours prior to such meeting.
Section 5.10 Joint Meetings and Voting Privileges. Ajoint meeting of the ALEC Board of
Directors and the Private Enterprise Board of Directors will be held at least once annually, and
may be scheduled as directed by the ALEC National Chairman, or at the request of a majority of
the ALEC Board of Directors. Voting will be the exclusive right of the ALEC Board of
Directors.
Section 5.11 Quorum and Voting. One-third of the Board of Directors shall constitute a
quorum. All matters to be decided at any meeting at which a quorum is present shall be by the
affirmative vote of the majority of the Directors present except in instances where a vote of a
greater number is required by law or by these Bylaws. Each Director shall, at every meeting, be
entitled to one vote. A Director may not vote by proxy.
Section 5.12 Rules Governing Conduct of Meetings. All meetings will be conducted under
the guidelines of Robert's Rules of Order, except as otherwise provided.
Section 5.13 Telephonic Meetings. According to procedures adopted by the Board of

Directors may participate in a regular or special meeting, or conduct the meeting through the use
of any means of communication by which all Directors participating may simultaneously hear
each other during the meeting. A Director participating in a meeting by this means is deemed to
be present in person at the meeting.
Section 5.14 Action Without Meeting. The Board of Directors may take any action without a
meeting which could be taken at a meeting by execution of written unanimous consent which
shall be filed and recorded by the Secretary in the same manner as if the meeting had been held.
The action taken shall be effective when all Directors have approved the consent, unless the
consent specifies a different effective date.

• •
Section 5.15 Compensation. No Director shall be entitled to any compensation for his
services as a Director, except reimbursement for expenses as authorized by the National
Chairman according to procedures established by the Board of Directors.
Section 5.16 Chairman Emeritus. All former National Chairmen, in good standing, shall be
designated as Chairman Emeritus and shall be entitled to participate as ex-officio members of
the Board of Directors, and perform such duties as authorized by the National Chairman. A
Chairman Emeritus, who is no longer a member of the Board of Directors, shall not be counted
in the determination of a quorum or entitled to vote.
Section 5.17 Election of Officers. The Board of Directors shall elect, from among its
membership, the Officers of ALEC.
ARTICLE VI
OFFICERS
Section 6.01 Officers. The officers of ALEC shall consist of a National Chairman, a First
National Vice Chairman, a Second National Vice Chairman, a Secretary, and a Treasurer. In
addition there may be such other officers as may be designated from time to time by the Board
of Directors, in accordance with these Bylaws. No two positions may be held by the same
individual.
Section 6.02 Election and Qualification. In accordance with the procedures established in
Article VIII, Section 8.04, the Nominating Committee shall submit the names of the proposed
slate of new officers to the Board of Directors at the annual meeting. Nominations may be
submitted by any Director to the Nominating Committee. There is no automatic succession of
officers through the chairs of ALEC.
Section 6.03 Terms of Office. The officers shall be elected at the annual meeting of the Board
of Directors or at.such other meetings of the Directors as shall be called for such purposes. The
officers elected at the annual meeting shall take office at the first Board of Directors meeting
following the 15th of November. Unless otherwise determined by resolution, officers shall hold
office for one year and until their successors shall be elected and qualified. The Chairman shall
hold office for one term and may not succeed himself
Section 6.04 Resignation. Any officer may resign at any time by giving written notice of his
or her resignation to the Chairman or to the Secretary. Any such resignation shall take effect at
the time specified therein or, if no time is so specified, upon its receipt by the appropriate
officer. Acceptance of a resignation shall not be necessary to make it effective.
Section 6.05 Removal. The Board of Directors may, remove any officer from his or her office
with or without cause by the affirmative vote of three-fourths of the Directors present at a
meeting at which a quorum is present. Such action shall not be taken except upon thirty (30)
days written notice to the officer whose removal is proposed.

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Section 6.06 Vacancies. A vacancy in the office of National Chairman. during his term, shall
automatically be filled by the First Vice Chairman. Other vacancies in any office shall be filled
by a vote of a majority of the Board of Directors.
ARTICLE VII
DUTIES OF OFFICERS
Section 7.01 The National Chairman. The National Chairman shall be the chief executive
officer and shall conduct the general and active management and direction of the business and
affairs of ALEC and shall have general supervision over other officers and Executive Director
and staff subject, however, to the control of the Board of Directors. The National Chairman
shall preside at all meetings of the members. He or she shall be empowered to appoint
committees and shall, ex officio, be a member of all such committees.
The National Chairman may sign, execute and deliver in the name of ALEC all deeds,
mortgages, bonds, contracts, and other instruments, except in cases where such signing,
execution or delivery thereof shall be expressly delegated otherwise by the Board of Directors,
by these Bylaws or by the laws of the State of Illinois. He or she shall perform all duties
incident to the office of National Chairman and such other duties as may from time to time be'
assigned by these Bylaws or by the Board of Directors.
Section 7.02 The First National Vice-Chairman. In the event of the temporary absence or
disability of the Chairman. the First Vice-Chairman shall perform all of the duties of the
Chairman. At all other time, the First Vice-Chairman shall perform such duties and exercise
such powers as from time to time may be assigned to him or her by these Bylaws, the Board of
Directors or the Chairman.
Section 7.03 The Second National Vice-chairman. The Second National Vice-Chairman
shall perform such duties and exercise such powers as from time to time may be assigned to him
or her by these Bylaws, the Board of Directors or the Chairman
Section 7.04 The National Secretary. The Secretary shall attend the meetings of the Board of
Directors, of the members of ALEC, of the Executive Committee of the Board of Directors and
shall record all of the proceedings of such meetings and shall be the custodian of the seal and
shall affix the seal to all such documents as may be required by law. The Secretary shall give or
cause to be given notice of all meetings of the members and of the Board of Directors in
accordance with the provisions of these Bylaws and shall keep copies of these By laws. available
. for inspection by the membership, the officers or the Board of Directors. In general, the
Secretary shall perform such duties incident to the office of Secretary and other duties as may
from time to time be assigned by these Bylaws, the Board of Directors or the Chairman.
Section 7.05 The National Treasurer. The Treasurer shall be authorized to collect all monies
payable to ALEC, shall be charged with the care and custody of the funds, and shall make such
disbursements as are necessary from such funds. He or she shall keep the financial and bank
accounts and shall enter in detail all receipts and disbursements and shall report thereon at the

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request of the Board of Directors or the Chairman. The books of account of ALEC shall be open
at all times for inspection of the Board of Directors and any officer. The Treasurer shall perform
all duties incident to the office of Treasurer and such other duties as may from time to time be
assigned to him or her by these Bylaws, the Board of Directors or the Chairman.
The Board of Directors is empowered to assign certain financial responsibilities in particular

circumstances. Checks issued by the corporation shall be signed by the Executive Director and
countersigned by either the National Chairman, the Treasurer or any other person designated by
the Board of Directors, except that funds from the petty cash fund containing not more than One
Thousand Dollars ($1.000.00) may be disbursed for unanticipated expenses on the signature of
the Executive Director.
ARTICLE VIII
COMMITTEES OF DIRECTORS
Section 8.01 Committees. There shall be an Audit Committee, a Nominating Committee, an

Executive Committee, and any such committees as appointed by the National Chairman. The
Board of Directors shall have the power to direct the Chairman to appoint or terminate
Committees.
Section 8.02 Executive Committee. The Executive committee shall be composed of Officers,
the Immediate Past Chairman and the Executive Director (non voting), and shall have powers as
\ delegated by the Board of Directors to take actions between Board meetings. Four (4) members
of the Committee shall constitute a quorum not including the Executive Director. The
Committee shall annually consider and shall submit to the Board of Directors for approval a
long-term strategic plan.
Section 8.03 Audit Committee, The Audit Committee shall be composed of Directors who
shall review the financial records of ALEC and provide fiscal reports and recommendations to
the Board of Directors, and shall review the work ofan independent auditor who shall conduct
an annual audit of ALEC.
Section 8.04 Nomination Committee. The Nominating Committee shall be appointed from
the Board of Directors by the National Chairman and shall include all past Chairmen who are
serving on the Board of Directors. The Committee shall consist of at least three (3) but shall not
exceed five members. The Nominating Committee shall submit a list of candidates for election
of Officers and Directors including three names from the list of six nominees submitted by the
State Chairmen. In so far as possible, consideration shall be given to geographic balance and
bipartisan representation. The Nominating Committee may not nominate any of its members for
positions enumerated in Article VI.
Section 8.05 Committee Meetings. Committee meeting will be convened at the call of the
Committee Chairman with the consent of the National Chairman, or as may be authorized by the

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Board of Directors.
ARTICLE IX
EXECUTIVE DIRECTOR
Section 9.01 Appointment. With the approval of the Board of Directors, the National
Chairman shall appoint and determine the salary and conditions of the Executive Director. The
Executive Director shall serve at the pleasure of the Board of Directors.
Section 9.02 Duties and Powers. The Executive Director shall be the chief administrator of
ALEC responsible for management functions under the direction of the Chairman. He shall
manage and direct all activities of ALEC as prescribed by the Board of Directors. He shall
employ, and may terminate, members of the staff necessary to carry on the work of ALEC, shall
fix their compensation within the approved budget, subject to the direction and approval of the
National Chairman and the Board of Directors, and supervise them in the conduct of their duties.
ARTICLE X
STATE CHAIRMEN AND STEERING COMMITTEE
Section 10.01 Appointment. All State Chairmen are appointed by the National Chairman. All
Private Sector State Chairmen are appointed by the ALEC State Chairman, and confirmed by
both the Private Enterprise Board Chairman, and the National Chairman. Each ALEC State
Chairman shall appoint a Private Sector State Chairman to serve concurrently with the State
Chairman.
Section 10.02 Term. State Chairmen Serve for a two (2) year term, and may be reappointed by
the National Chairman.
Section 10.03 Duties. State Chairmen duties shall include recruiting new members, working to
ensure introduction of model legislation, suggesting task force membership, establishing state
steering committees, planning issue events, and working with the Private Enterprise State
Chairman to raise and oversee expenditures of legislative scholarship finds.
Section 10.04 Meetings. State Chairmen shall meet at least three (3) times a year in
conjunction with scheduled meetings of the National Board.
Section i0.05 Elections. State Chairmen and Private Sector State Chairmen shall meet at the
ALEC Annual Meeting to separately elect a Chairman and a Private Sector Co-Chairman from
their respective members whose duties shall be to preside at their meetings. Pursuant to Article
V, Section 5.02, State Chairmen shall nominate six members whose names shall be submitted to
the ALEC Board of Directors Nominating Committee for consideration as ALEC Directors. The
duty of the Private Sector Co-Chairman is to assist the Chairman in fund-raising and
private/public sector recruitment and retention. The Chairman of the State Chairmen and the
Private Sector Co-Chairman may not serve more than two (2) consecutive two (2) year terms. In

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addition, the State Chairmen shall establish an Executive Committee, composed of the
following: Chairman of the State Chairmen (who will Chair the Executive Committee), the
Private Sector Co-Chairman of the State Chairmen, and the three designated public sector State
Chairmen currently serving on the ALEC Board of Directors, and three Private Sector State
Chairman selected by the Private Sector State Chairmen. The Executive Committee shall meet
at the Fail Board Strategic Planning Meeting, and at the Annual Meeting.
Section 10.06 Steering Committee. State Steering Committees shall consist of a State
Chairman, a Vice Chairman from the opposite party, if appropriate, Senate and House
Membership Coordinators, Legislative Issue Coordinators and such other members as set forth in
ALEC's strategic plan.
Section 10.07 State Scholarship Accounts. All funds for ALEC State Scholarship Accounts shall
be deposited in accounts designated by the ALEC Board of Directors. State Chairmen are prohibited
from establishing, maintaining, or utilizing any other such accounts for ALEC purposes. Violation
of this section shall constitute grounds for: (1) immediate removal from a leadership position, and
(2) dismissal from membership in accordance with these bylaws.
ARTICLE XI
TASK FORCES
Section 11.01 Authority. Task Forces will be authorized by the Board of Directors for
developing policy positions that promote ALEC purposes and objectives.
Section 11.02 Members. Task Forces will consist of legislators and private sector members of
ALEC.
Section 11.03 General Powers. Task Forces are empowered to consider and debate legislative
issues and to adopt model legislation, resolutions, and policy positions.
Section 11.04 Actions. All actions of the Task Forces are to be submitted to the Board of
Directors for adoption as ALEC policy positions.
Section 11.05 Procedure. Specific rules of procedure for the operation of task forces will be
adopted by the Board of Directors, compiled and known as the Task Force Operating
Procedures.
ARTICLE XII
FINANCE
Section 12.01 General Provisions. ALEC shall be financed by proceeds from its membership
dues and grants from public and private sector interests.
Section 12.02 Annual Budget and Amendments. The Executive Director shall present a
proposed budget for the coming fiscal year to the Board of Directors who may amend and adopt

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the budget by a majority vote.
Section 12.03 Fiscal Year. The fiscal year shall begin on the First day of January and shall end
on the Thirty-first of December.
Section 12.04 Audit. The books and records of ALEC shall be audited at least once annually by
an independent auditor or accountant and approved by the Board of Directors.
Section 12.05 Contracts and Agreements. The Board may enter into contracts with
government, private interests, or foundations for funding grants which are determined to be in
the interests of ALEC and its philosophical purposes.
Section 12.06 Financial Statement. The Treasurer shall issue to the Board of Directors an
annual statement of its financial condition as of the close of each fiscal year.
ARTICLEXll
GENERAL PROVISIONS
Section 13.01 Amendments. These Bylaws may be amended by the affirmative vote of a
majority of the 21 member Board of Directors. A ten day notice will be given in advance of any
meeting called to change the Bylaws.
Section 13.02 Registered Agent. The name and address of the registered agent of the
corporation shall be provided by resolution of the Board of Directors. Said registered agent shall
be a citizen of the State of Illinois and reside therein.
Section 13.03 Principal Place of Business. The principal place of business of the corporation
shall be Washington, D.C. The Board of Directors may authorize other places of business to suit
the needs of the corporation.
Section 13.04 The Seal of ALEC. The seal of ALEC shall be circular in form, shall bear its
name in the margin thereof and shall indicate the fact of its corporation in the State of Illinois in
the year of 1975.
ARTICLE XIV
INDEMNIFICATION
Section 14.01 Indemnification of Officers, Board of Directors, Employees and Agents.
(a) ALEC may indemnify any person who was or is party, or is threatened to be made
a party to any threatened, pending or completed action, suit or proceeding whether civil,
criminal, administrative or investigative (other than an action or in the right of ALEC) by
Bylaws to Revised 12/04/96

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,
"
reason of the fact that he or she is or was a director, officer, employee, or agent of ALEC,
or who is or was serving at it request as a director, officer, employee or agent of another
corporation, partnership, joint venture, trust or other enterprise, against expenses
(including attorneys fees), judgements, fines and amount paid in settlement actually and
reasonably incurred by such person in connection with such action, suit or proceeding, if
such person acted in good faith and in a manner he or she reasonably believed to be in, or
not opposed to, the best interests of ALEC, and, with respect to any criminal action or
proceeding, had no reasonable cause to believe his or her conduct was unlawful. The
termination of any action, suit or contendere or its equivalent, shall not, or itself, create a
presumption that the person did not act in good faith and in a manner which he or she
reasonably believed to be in or not opposed to the best interest of the corporation or, with
respect to any criminal action or proceeding, that the person had reasonable cause to
believe that his or her conduct was unlawful.
(b) ALEC may indemnify any person who was or is a party, or is threatened to be made a
party to any threatened. pending or completed action or suit by or in the right of the
corporation to procure a judgement in its favor by reason of the fact that such person is or
was a director, officer, employee or agent of ALEC, or is or was serving at its request as a
director, officer, employee or agent of another corporation, partnership, joint venture, trust
or other enterprise, against expenses (including attorney's fees) actually and reasonably
incurred by such person in connection with the defense or settlement of such action or suit,
if such person acted in good faith and in a manner he or she reasonably believed to be in or
not opposed to, the best interests of ALEC, provided that no indemnification shall be made
in respect of any claim, issue or matter as to which such person shall have been adjudged
to be liable for negligence or misconduct in the performance of his orher duty to ALEC,
unless, and only to the extent that the court in which such adjudication of liability, but in
view of all the circumstances of the case, such person is fairly and reasonably entitled to
indemnity for such expenses as the court shall deed proper.
(c) To the extent that a director, officer, employee or agent of ALEC has been
successful, on the merits or otherwise, in the defense of any action, suit or proceeding
referred to in subsections, (a) and (b), or in defense of any claim, issue or matter
therein, such person shall be indemnified against expenses (including attorney's fees)
actually and reasonably incurred by such person in connection therein.
(d) Any indemnification under subsection (a) and (b) (unless ordered by a court) shall
be made by ALEC only as authorized in the specific case upon a determination that
indemnification of the director, officer, employee or agent is proper in the
circumstances because he or she has met the applicable standard of conduct set forth in
subsection (a) and (b). Such determination shall be made (1) by the Board of Directors
by a majority vote of a quorum consisting of directors who were not parties to such
action, suit or proceeding, or (2) if such a quorum is not obtainable, or even if
obtainable, if a quorum of disinterested directors so directs, by independent legal
counsel in a written opinion. .
Bylaws II Revised 12/04/96

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(e) Expenses incurred in defending a civil or criminal action, suit or proceeding may
be paid by ALEC in advance of the final disposition of such action, suit or proceeding,
as authorized by the Board of Directors in the specific case, upon receipt of an
undertaking by or on behalf of the director, officer, employee or agent to repay such
amount, unless it shall ultimately be determined that he or she is entitled to be
indemnified by ALEC as authorized in this Section.
The indemnification provided by this Section shall not be deemed exclusive of any other rights
to which those seeking indemnification may be entitled under any bylaw, agreement, vote of
disinterested directors, or otherwise, both as to action in his or her official capacity and as to
action in another capacity while holding such office, and shall continue as to a person who has
ceased to be a director, officer, employee or agent, and shall inure to the benefit of the heirs,
executors and administrators of such a person.
ARTICLE XV
Section 15.01 Creation. The formation of a Private Enterprise Board to support the activities
and program of ALEC is authorized.
Section 15.02 Bylaws. The Private Enterprise Board may establish and amend its bylaws
subject to the approval of the ALEC Board of Directors.
Section 15.03 Membership. Members of the Private Enterprise Board are appointed by the
National Private Enterprise Board Chairman with the advice and consent of the ALEC Board of
Directors.
Section 15.04 Member Activities. Members of the Private Enterprise Board may be invited to
attend all ALEC meetings and functions. The Chairman may appoint members of the Private
Enterprise Board to serve on committees pursuant to rules adopted by the ALEC Board of
Directors.
Section 15.05 Chairman. The Chairman of the Private Enterprise Board shall serve as a non-
voting ex officio member of the ALEC Board of Directors, and any Committee, excepting the
Nominating Committee, at the appointment of the ALEC National Chairman.
Section 15.06 ALEC National Chairman. The ALEC National Chairman shall serve as an ex
officio member of the Private Enterprise Board and shall serve as the ALEC Board of Directors
official contact between ALEC and the corporations and foundations whose representatives
serve on the Private Enterprise Board.
Section 15.07 Limitations. The Private Enterprise Board is prohibited from entering into any
contracts, establishing any checking account or deposit arrangement outside of that which exists
between ALEC and any financial institution.

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Section 15.08 Finances. All funds of the Private Enterprise Board shall be deposited in
accounts designated by the Board of ALEC.
ARTICLE XVI
NATIONAL CHAIRMAN'S COUNCIL
Section 16.01 Appointment and Term. The National Chairman's Council shall consist of thirteen
(13) individuals. Members of the Council shall serve staggered three (3) year terms, and may serve
consecutive terms. Membership on the Council shall consist of the following:
I. The serving National Chair, who shall also serve as the Chair of the Council;
2. The Immediate Past National Chair, who shall also serve as Vice Chair of the Council,
provided he/she has remained a public member in good standing;
3. Up to four (4) individuals who are former National Chairs and who have remained public
members in good standing. Such members shall be nominated by the National Chair and
require ratification by a majority vote of the Board of Directors. In the event that any such
positions are not filled, including that of Vice Chair, for whatever reason, by former National
Chairs, public sector members in good standing may be nominated to fill any such positions;
provided that at all times the number of public sector members on the Council shall exceed
by one the number of private sector members;
4. The current Private Enterprise Board Chair and such other ALEC public sector member as
) nominated by the National Chair and approved by the Board of Directors;
5. Up to five (5) individuals appointed from the private sector. Such members shall be
nominated by the National Chair, upon the advice of the Executive Director and the
Chair of the Private Enterprise Board. All such nominations shall require ratification
by a majority vote of the Board of Directors. The Executive Director shall develop
criteria for eligibility for such membership, including minimum levels of grants, subject
to approval by the Board of Directors.
The National Chair may also appoint public and private sector members in good standing as non-
voting, ex-officio members of the Council.
Section 16.02 Responsibilities. That National Chairman's Council shall be responsible for assisting
in improving the financial stability of ALEC; increasing the ALEC Reserve Fund; considering the
establishment and management of an endowment fund for ALEC; providing financial advice
concerning the financial management of ALEC; reviewing and investigating the financial condition
and operation of ALEC; and performing such other financially related duties as may be delegated
to it from-time to time by the Board of Directors.
The National Chairman's Council shall be authorized to request reports, financial statements, and
such other documentation from the Executive Director as are reasonably necessary to carry out its
responsibilities. The Board of Directors shall require the Executive Director to comply with such
request unless refused as set forth in Section 16.05. If the Council determines in its best judgment
that the Executive Director or the Board of Directors has acted or is acting imprudently or

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inadvisably with respect to ALEC's finances, the Council shall be empowered to (1) authorize an
independent audit, and employ independent personnel if necessary, of any or all of ALEC's funds
and accounts, including fund balance and any endowments as may be created; (2) meet with the
Board of Directors, and report to the Board of Directors the results of any reviews undertaken; (3)
make such written recommendations and reports relating to ALEC's finances as may be necessary,
but specifically with responsibility to identify any financial inefficiencies or irregularities and to
report the same in writing to the Board of Directors with recommendations for corrective action;
and/or (4) perform any such other acts reasonably necessary to carry out its responsibilities as
prescribed by the Board of Directors.
Section 16.03 Reporting. The Council shall make written recommendations and report to the
Board of Directors regarding ALEC's financial management, accounting, fmancial procedures and
financial organization. The Council shall report to the Board of Directors, as necessary, but not less
than annually, in writing the results of its review(s). Any recommendations contained in such
financial reports shall be binding on the Board of Directors unless refused as set forth in section
16.05.
Section 16.04 Meetings and Rules of Meetings. The National Chairman's Council shall hold its
initial meeting, and any subsequent meetings, and shall meet at least twice each year, at such place
and at such time as it deems necessary. Special meetings of the Council shall be held whenever
called by the Chairman or at the written request of any three or more members. A majority of
members shall constitute a quorum for the transaction of business. Private sector members shall not
be compensated for their service as a member of the Council. No staff person shall receive
additional compensation beyond hislher regular salary for service to the Council. Members may not
vote by proxy. No public members shall be entitled to any compensation for hislher service as a
member of the Council, except reimbursement for expenses as authorized by the National Chairman
according to procedures established by the Board of Directors. The Council shall establish any other
such rules necessary for the conduct of such meetings.
Section 16.05 Override. The Board of Directors shall implement the recommendations of the
National Chairman's Council, unless rejected by a two-thirds (2/3) vote of the full membership of
the Board of Directors.

2 0 02 a n nua l re p ort
A Commitment to
ALEC
Jeffersonian Principles
table of contents
A Message from the National 3

Chairman, Private Enterprise Board
Chairman, and Executive Director
The Year in Review 5
2002 Awards 17
Policy 20
2002 Publications 28
2003 ALEC Board of Directors 30
ALEC National Staff 31
ALEC Financial Profile 32

m i s s i o n s tat e m e n t
The mission of the American Legislative Exchange Council

is to advance the J effersonian Principles of
free markets, limited government,
federalism and individual liberty
among America’s State Legislators.
operational strategy
T o promote the principles of federalism by To conduct a policy making program that unites
developing and promoting policies that reflect members of the public and private sectors in a
the Jeffersonian principles that the powers of dynamic partnership to support research, policy
government are derived from, and assigned to, development, and dissemination activities.
first the People, then the States, and finally the To prepare the next generation of political
National Government. leadership through educational programs that
To enlist state legislators from all parties and promote the principles of Jeffersonian democracy,
members of the private sector who share ALEC’s which are necessary for a free society.
mission.
To engage in an ongoing effort to promote

Jeffersonian principles among elected officials,
the private sector, and the general public, for the
purpose of enacting substantive and genuine leg-
islative reforms consistent with the ALEC mission.
Donald Ray Kennard Kurt L. Malmgren, PhRMA
Louisiana Representative Private Enterprise
National Chairman Board Chairman

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A Message from the National Chairman, Private

Enterprise Board Chairman, and Executive Director
A s you will discover in the pages of this

report, this past year the American
Legislative Exchange Council (ALEC)
has worked strategically and success-
fully toward our mission. We maximized and
focused our efforts on several fronts, and are
pleased to report that our legislative membership
issues that matter to us and our nation.
There are a few important policy areas that we
also need to focus on during the next year. Today,
America’s state governments face one of the worst
state budget crises since World War II. Eight years
of surpluses ended in 2001, and we now face a
cumulative budget shortfall of nearly $100 billion.
now exceeds 2,400 state legislators from both politi- While the causes may be clear, it’s less clear where
cal parties. That is 30 percent of all state lawmakers the money is going to come from to plug these
in America. The ALEC private sector members who huge and growing gaps. ALEC members can take
share our commitment to the Jeffersonian princi- the lead in cutting government spending through a
ples have been major contributors to our success. variety of policies. First, governments need to
Our combined resources, talents and know-how reduce work force costs through employment caps,
have yielded initiatives that have incentives for early retirement, and renegotiated
enabled ALEC to grow and provide labor contracts. At a time when privatization is
the necessary information on several being preached around the world, state govern-
critical issue areas. This year as we ments can sell or lease more of their assets.
mark ALEC’s 30th anniversary, we Medicaid spending is also growing at an unsus-
have identified a few organizational tainable rate, while at the same time failing to
priorities and major policy initiatives provide adequate care to beneficiaries. Today, 40

that form our “Agenda for Liberty.” million Americans are caught in this health care
First, we need to draw on the tal- ghetto, and now is a critical time to look at
ents of former ALEC leaders and Medicaid in an entirely new way. Instead of focus-
alumni, in addition to State Chairs, to ing solely on budgetary concerns, we must focus on
seek out new members. Second we empowering consumers to make more of their own
need to redouble our efforts to pro- decisions with regard to their plans, doctors and
mote liberty and free markets through benefits.
model legislation, state-level issue Education is another critical issue area. As a
Duane Parde briefings, and research developed or commissioned nation, we spend more than $350 billion to educate
Executive Director by our nine Task Forces. Finally, we must prepare our school children. Yet, all that money still does
new leaders with an effective and clear public rela- not buy us a world-class education system.
tions and message campaign. These organizational Improvements in performance come about when
goals only matter if they are in the service of the there are strong accountability measures that hold 3
both students and teachers responsible for learning, litigation, aided and abetted by activists and plain-
when parents have real choices, and when competi- tiffs’ attorneys, threatens to straitjacket entire
tion is injected into the educational system. industries. In this regard, the tobacco settlement
Another area where ALEC needs to take a strong may be a harbinger of what is to come. At the same
stand is in energy and environmental issues. U.S. time, state courts are striking down tort reform
energy consumption has grown by 26 percent dur- laws, issuing rulings that create new causes of
ing the last 20 years and is projected to increase by action, and imposing new taxes after declaring edu-
another 32 percent by the year 2020, yet our nation cation-funding systems unconstitutional.
has only a patchwork of policies designed to satisfy ALEC is trying to lead the way out of this abuse
that growing demand. To meet our energy needs so of judicial power with model legislation that would
that economic growth can continue, the United limit fees paid by the state to plaintiffs’ attorneys,
States requires a diversity of fuels and fuel supplies, subject attorney general contracts with these
and the free market should be allowed to determine lawyers to legislative review, discourage frivolous
what products are produced and how they reach lawsuits, fairly balance judicial and legislative pow-
the market. State and federal initiatives and regula- ers, and require careful scrutiny of expert
tions need to encourage energy production, testimony. Since we launched our Disorder in the
transmission, and distribution, but not mandate Court project just three years ago, ALEC-inspired
any specific technologies. We also need to guard bills have been introduced in more than two dozen
against proposed “back-door Kyoto Protocol” regu- states, and parts of our legislative package have
lations that would significantly increase energy been adopted in 18 states.
costs but yield negligible environmental benefits. In all of these policy areas and more, ALEC has
Similarly, ALEC can be a beacon of scientific been in the forefront of representing and defending
commonsense in the policy debates over environ- the principles and policies that are most in keeping
mental health and biotechnology. We seek with America’s Jeffersonian, federalist traditions.
science-based solutions to environmental problems With our strong leadership, ALEC has achieved
that pose a risk to human health and the environ- much in its 30 years. We are confident 2003 and
ment that are genuine and measurable – not the beyond will be equally as rewarding and successful.
minute levels of risks that some activists focus on. We thank all of our supporters for their steadfast
Likewise, critics of biotechnology have trum- commitment this past year, and we always encour-
peted unproven dangers and slowed the progress of age others to come aboard and see what a
beneficial agricultural technologies that would difference ALEC can make.
more efficiently and cost-effectively produce more
Donald Ray Kennard
food for more people. ALEC supports efforts to
Louisiana Representative
further explore responsible uses of biotechnology. National Chairman
A final area of continuing policy concern has to Kurt L. Malmgren, PhRMA
do with our judicial system. Our court system was Private Enterprise Board Chairman
designed to interpret laws and mete out justice – Duane Parde
not directly establish policies. Unfortunately, all too Executive Director
many courts have gotten into the business of
bypassing elected legislatures to become freelance
legislators. This has taken several forms. Runaway
4

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The Year in Review

ALEC Members: Vanguards of Change ALEC Offers Blueprint to
F
Restore Fiscal Order
or over three decades, ALEC has been
in the forefront of undertaking many Beginning in early 2002, ALEC released several
issues of vital importance to all reports outlining the budgetary crisis in the states –
Americans. Today, with so many great even before it hit the mainstream media. The first
challenges confronting our nation, ALEC’s influ- comprehensive report, “Crisis in State Spending: A
ence has never been so important in defining the Guide for State Legislators,” gave a candid look at
policy debate. And never before has ALEC had so some of the fundamental reasons underlying the
many good leaders working so hard to improve the
state of our nation — by improving the state of the
states. On several critical issue areas, ALEC mem-
bers have taken the courageous step of challenging
the status quo, to say “no” to business as usual, and
to transform good ideas into good laws in states
throughout our nation. Members can be appropri-
ately described as the true “Vanguards of Change.”
One sign of ALEC’s continuing dynamism is the
number of new initiatives ALEC has launched in ALEC 2002 National Chairman Jim Dunlap leads Annual Meeting
recent years. These projects provide careful research

to provide intellectual ammunition for legislators current fiscal crisis. Oklahoma Senator Jim Dunlap,
seeking to develop sound, bipartisan policies that ALEC’s National Chairman, remarked that families
are consistent with Jeffersonian principles. in America manage to live within their means, and
Every day, ALEC members are deluged with a that “government must live within its means as
variety of legislative, regulatory, and budgetary well.” The report offered several policy tools to
issues, and few of them are simple, particularly help legislators responsibly manage future eco-
with today’s looming budget shortfalls. Many nomic growth and spending. These measures
have powerful interests arrayed on each side, and include truth in forecasting, independent revenue
that is why thoughtful efforts to unravel the com- forecasting, a tax and expenditure limitation act, a
plexities and disentangle the good arguments from truth in spending act, a competitive contracting of
the bad – or the less good – are so critical. That is public services act, and many more.
what all of these ALEC initiatives are designed A few months later as the budget situation
to accomplish. seemed to worsen, ALEC and the Manhattan
5
Institute published a landmark report on state of Medicare or Social Security. Medicaid spending
budgets, “Show Me the Money: Budget-Cutting now exceeds that of Medicare, and again, ALEC is
Strategies for Cash-Strapped States.” The report uniquely positioned to be the reform leader.
was a comprehensive evaluation of state budgets, Medicaid’s financial situation across the states is
offering strategies for cutting state budget deficits, dire, and so is the quality of care it provides to ben-
including short-, medium-, and long-term plans eficiaries. Despite the fact that total federal and
for reducing the cost of government. state Medicaid spending will be approximately $272
For instance, the report suggested every billion in 2003, according to the Congressional
state have an independent agency that conducts Budget Office, Medicaid remains a program that
periodic, top-to- does not adequately meet the health care needs of
bottom reviews of those who depend on it. This must change, and
state programs, ALEC is leading the effort.
agencies, and The twin problems of runaway spending and
departments, and low quality care in Medicaid can and must be
makes recommen- addressed by giving beneficiaries real choice in
dations to arranging for their own health care needs. The way
maintain, elimi- to provide that choice is to ensure that Medicaid
nate, redesign, or beneficiaries control the dollars being spent on
restructure them. their behalf. Under the current system, beneficiaries
Only by fundamen- have no choice and therefore no control. In 2003,
Colorado Senator Bob tally restructuring government will state decision ALEC is convening its first Medicaid Academy.
Hagedorn and ALEC Tax &
Fiscal Policy Task Force makers be able to contain spending growth and Going forward, comprehensive Medicaid reform
Director Chris Atkins dis-
cuss budget situation in return accountability to state finance. Several gov- will be at the top of ALEC’s agenda as it is in state
the states
ernors and state leaders quickly embraced the capitals across the country.
report, understanding that for the first time, an
organization was offering comprehensive solutions Civil Justice Reform
to the budget situation. The report gave states a The challenges we face as a nation come not only
budgetary blueprint for a generation. from the new, but also from the all-too-familiar.
Today, our courts are deluged with frivolous law-

The Need to Reform Medicaid suits that are placing a stranglehold on the entire
Medicaid reform will be to this decade what welfare U.S. judicial system. Former Labor Secretary Robert
reform was to the 1990s — the biggest sea change Reich aptly described this troubling trend, “regula-
in American domestic policy. Welfare reform didn’t tion through litigation,” saying it threatens our
mean that government turned its back on the poor legislative system and our democracy. Litigation has
or the less fortunate. Instead, it was a vision of become the new, and preferred, way to make policy
responsibility and self-help, and people have among a certain group of Americans. In many
responded, throwing off the shackles of the oppres- respects, plaintiffs’ attorneys have disregarded the
sive welfare bureaucracy, and capturing a vision of legislative process, showing no deference towards
economic freedom. This same vision must be elected officials.
applied to reforming Medicaid. Too many personal injury plaintiffs’ attorneys have
Today, the pressures on Medicaid far exceed those also teamed up with state officials to sue legitimate
6
ALEC
ALEC: Who We Are
The American Legislative Exchange Council was founded in 1973 by a small
group of Democratic and Republican state legislators who shared a common
commitment to the Jeffersonian principles of individual liberty, limited
government, federalism, and free markets.
Today, ALEC has grown to become the nation’s largest bipartisan, individ-
ual membership organization of state legislators, with more than 2,400
members in 50 states. Through ALEC, legislators and the private sector work
in a dynamic partnership to develop public policies that harness the
immense power of free markets and free enterprise to encourage economic
growth and opportunities for all Americans.
industries. In the late 1990s it started with tobacco, experts and legislators for intensive seminars and
but now plaintiffs’ attorneys are targeting all indus- roundtable discussions where ideas can be
tries, including paint manufacturers, firearms exchanged. ALEC experts also provide regular issue
manufacturers, pharmaceutical companies, man- briefings at state capitols and provide crucial testi-
aged care companies, and fast food restaurants. mony. Last year alone, ALEC civil justice experts
A more recent phenomenon is the level of mal- traveled to more than a dozen states.
practice suits now threatening the care and well Since 1999, many ALEC members have helped
being of patients nationwide. Physicians are now enact model bills to counter regulation through lit-

paying astronomical premiums just to be able to igation. In fact, in late October 2002, Mississippi
continue to practice medicine and provide care to finally passed sweeping legislation, which places
citizens. The American Medical Association restrictions on lawsuits in an effort to change the
recently identified 12 states as being in a medical state’s reputation as the “jackpot justice state.”
liability crisis in which physicians cannot afford ALEC members played an important role in this
insurance or cannot find a company willing to effort, understanding that reform was needed to
insure them. This rippling effect has caused some level the playing field where all parties have a fair
doctors to move to states where they can practice hearing, thereby protecting parties against unrea-
medicine. sonable awards and excessive punitive damages.
To counter this trend, ALEC launched its Several states are now looking to emulate
Disorder in the Court Project in 1999. As part of Mississippi’s judicial reform efforts.
the program, ALEC convenes several meetings a The issues that ALEC addresses are on the cut-
year, which are designed to bring together policy ting edge of today’s policy debates, in our states 7
U.S. Congressman Green, lic-private partnerships. This is a testament to the
an ALEC alumnus and
Alumni Forum Co-Chair unique role ALEC plays in the policy world. In
ALEC, the public and private sectors work together
as equal partners, sharing ideas and expertise to
develop policies that strengthen the free market
and a free society. The free enterprise system,
founded on the freedom and liberty of business,
workers and investors, demonstrates how compet-
ing to be the best usually enhances efficiency and
effectiveness.
Overall, some of the successful challenges have
and nationally. ALEC is not afraid to take a stand been decades in coming, while others have caught
on matters that will shape the kind of America in on like wildfire, transforming the political land-
which we live a few years from now. From improv- scape in just a matter of years. When change takes
ing our nation’s schools to reforming our legal time, commitment and clarity of purpose become
system, ALEC identifies the policy challenges to all the more important. That’s one of the many
make America better and more prosperous. ways in which ALEC has played – and continues to
With more than 300 private sector members, we play – such a valuable role. ALEC helps keep issues
have become one of America’s most dynamic pub- alive. Through the hundreds of model bills that the
Staff Testimony Highlights

D AT E S TAT E COMMIT TEE/EVENT SUBJECT
01/16 Missouri Issue Briefing Civil Justice
01/18 Utah School Choice Conference Education
01/22 Washington, DC Federal Rules Advisory Committee Civil Justice
01/23 Ohio House Civil and Commercial Law Committee Civil Justice
02/01 Arizona ALEC Academy: Crisis in State Spending Budget
02/04 New Mexico Issue Briefing Civil Justice
02/07 Iowa Issue Briefing Civil Justice
ALEC Health & Human 02/11 Arizona Issue Briefing Civil Justice
Services Task Force Director 02/12 Arizona House Retirement and Government Committee Civil Justice
Jim Frogue 02/13 Virginia Senate General Laws Committee Civil Justice
02/21 Washington Issue Briefing Civil Liberty & Energy
02/21 Washington Membership Event: Prescription Drug Price Controls Health Care
02/27 Missouri Senate Pension and General Laws Committee Pension Modernization
03/11 Kansas Issue Briefing Budget
03/12 Florida Issue Briefing Civil Justice
03/12 Florida Senate Judiciary Committee Civil Justice
03/13 Alabama Issue Briefing Civil Justice
03/18 Maryland National Managed Health Care Conference Health Care
03/20 Georgia Issue Briefing Energy
03/21 Washington, DC Policy Briefing Education
03/23 Ohio Issue Briefing Budget
03/25 Pennsylvania Issue Briefing Energy
03/26 Wisconsin Issue Briefing Civil Justice
03/28 Pennsylvania Education Symposium; Commonwealth Foundation Education
05/07 Louisiana Issue Briefing Civil Justice
05/07 Washington, DC Senior Executive Service Forum Technology
05/14 Ohio House State Government Committee Technology
05/15 Ohio Issue Briefing E-Government
05/16 Texas Texas Conservative Coalition’s Health Care Forum Health Care
05/17 Montana Governor’s Health Care Summit Health Care
05/17 Utah Issue Briefing Budget
8 05/31 Illinois ALEC Academy on Energy Sustainability Energy
organization develops, ALEC provides the tools to provide a valuable framework for developing effec-
keep members focused. tive policy ideas aimed at protecting and expanding
The fundamental Jeffersonian principles — free our free society. While ALEC provides the
markets, limited government, individual liberty — resources, our members, long known for their leg-
that served our forefathers so well still serve us well islative activism, introduced hundreds of bills based
today. While there is an inherent tension between on ALEC model legislation. During the latest leg-
the work of government and the principle of lib- islative cycle, dozens of ALEC model bills were
erty, we do well to keep liberty as our prime enacted into law.
objective. This is a record that we should be proud
to build on, because there will always be challenges ALEC Alumni Forum
ahead as we work to shape a more perfect union. In an on-going effort to preserve and promote the
Jeffersonian principles, ALEC began a new program
ALEC Model Legislation for all of its former members who serve in public
One of the most important resources ALEC pro- office: ALEC Alumni Forum.
vides to its members is model legislation. Through Launched two years ago, the program is a
the combined effort and unique partnership of national forum designed to encourage improved
public and private sector members, model legisla- communications among current and former ALEC
tion is drafted, deliberated and approved by one of members. Alumni Forum activities include special
ALEC’s nine individual Task Forces. These bills invitations and speaking engagements at major
Staff Testimony Highlights, cont.

D AT E S TAT E COMMIT TEE/EVENT SUBJECT
06/14 Texas ALEC Academy on Disorder in the Court Civil Justice
06/17 Washington, DC The Heritage Foundation: Health Care for Uninsured Health Care
06/19 Pennsylvania NAAG Summer Meeting Civil Justice
06/20 Arizona Arizona Economic Forum Commerce
06/20 Colorado Friedrich Naumann Foundation Federalism
07/01 North Carolina Shaftsbury Society; John Locke Foundation Health Care
07/02 California Issue Briefing Energy
07/15 Nevada ATR Labor Issues Conference Labor
08/16 Nevada Medicaid; Seniors Coalition Health Care

08/19 Pennsylvania House Majority Policy Committee on Education Finance and School Choice Education
09/08 Mississippi Mississippi Special Session Civil Justice
09/10 Virginia Virginia Institute for Public Policy Budget
09/12 Virginia Virginia 2020 Conference Budget
09/13 Illinois American Medical Association Council on Medical Service Health Care
09/18 Washington, DC 2002 Legal Reform Summit; U.S. Chamber of Commerce; Civil Justice
Doctors Company; ALEC
09/25 Washington, DC CAHI 2002 Issues Conference Health Care
10/06 Mississippi Mississippi Special Session Civil Justice
ALEC Member, Florida Rep. 10/07 Pennsylvania Issue Briefing Civil Justice
Gayle Harrell
10/08 Tennessee Tennessee Lobbyists’ Association Annual Meeting Budget
10/10 Washington, DC Federal Trade Commission Barriers to E-Commerce
10/16 Ohio Select Committee on Medicaid Reform, Ohio House Health Care
10/17 Indiana State Policy Network Health Care Summit Health Care
10/18 Indiana State Policy Network Annual Meeting Budget/Health
Care/Energy
10/22 Washington, DC Disorder in the Court Roundtable Civil Justice
10/28 Mississippi Leadership Forum on Education Education
10/29 Washington, DC NCTA State Leadership Conference Technology
10/30 Alabama Alabama Civil Justice Reform Committee’s Annual Meeting Civil Justice
10/31 Washington, DC American University Health Care
11/13 Colorado ATRA Annual Meeting Civil Justice
11/13 Missouri AAMVA Conference National ID 9
ALEC events, and delegation of European Members of Parliament will
joint policy meet- be meeting with American state lawmakers at
ings with state ALEC’s Annual Meeting in Washington, D.C.
and national
leaders. For Homeland Security
nearly 30 years, In the wake of the terrorist attacks of September 11,
ALEC has been at ALEC developed a Homeland Security Working
the forefront of Group with a purpose of reviewing several critical
creating and issue areas facing public safety, law enforcement and
delivering cut- government agencies concerning terrorism and
ting-edge public domestic security. The working group provides
President George W. Bush policy ideas at the state level. Through the Alumni advice to local, state, and federal officials concern-
addressing leaders of ALEC
on homeland security Forum program, ALEC seeks the support of its for- ing civil defense, local government communication
mer members in the development of reforms that with military personnel, preparedness for biochemi-
reflect the principles of the organization at all levels cal or nuclear attacks, protection of civil liberties,
of government. Today, there are more than 98 maintaining the flow of commerce during a
members of Congress that are ALEC Alumni. national emergency, fiscal discipline, energy infra-
Health and Human Services Secretary Tommy structure security, and foreign citizen abuse of legal
Thompson, Defense Secretary Donald Rumsfeld, state documents.
and White House Chief of Staff Andrew Card are As part of this coordinating effort, Homeland
also former members of ALEC. Security Secretary Tom Ridge appointed Oklahoma
Senator Jim Dunlap, ALEC’s 2002 National
International Freedom Exchange Chairman, to serve as a member of the State and
ALEC is also working to promote closer working Local Officials Senior Advisory Committee to the
relations between America’s state political leaders President’s Homeland Security Advisory Council.
and their foreign counterparts. The underlying pur- ALEC was also the first national organization to offi-
pose is to build a better understanding of America’s cially endorse the administration’s effort to create a
political process and maintain an ongoing dialogue Department of Homeland Security, transforming
of how free-market societies are prepared to meet this patchwork into a single, well-defined, unified,
future challenges and the emerging global economy. and effective Homeland Security structure.
In 2002, ALEC staff held discussions with several The Homeland Security Working Group, chaired
international delegations, including British Members by Pennsylvania Rep. John Pippy, recently drafted
of the European Parliament, regional leaders of the comprehensive model legislation that address agri-
Parliament of the Kyrgyz Republic, and representa- culture biosecurity and uniform drivers licenses.
tives of the Kosovar Parliament. More recently, Members of the Working Group are also briefed
ALEC’s Michael Flynn held a briefing at an interna- regularly by various federal agencies on such issues
tional conference on federalism sponsored by the as the impact of environmental regulation upon
German think tank, Friedrich Naumann. military readiness, the role of intelligence in home-
Future ALEC activities aim to bring emerging land security and domestic terrorism, the role of
political leaders from other countries into this first responders, and local municipality planning for
international freedom exchange. In 2003, a local responses to acts of terrorism.
10
The Working Group has developed resolutions such
as the Opposition to the Chemical Security Act, which
threatened to increase the role of the Environmental
Protection Agency in homeland security.
MAJOR EVENTS
Annual Meeting in Orlando, Florida
The ALEC Annual Meeting has grown to become
one of the nation’s most important state-level con-
ferences, and has been described as the “largest
Labor Secretary Elaine Chao at Annual Meeting
gathering of conservatives held each year.” Despite
the individual challenges of this critical election spending, global warming, and financial services
year, over 2,000 Democratic and Republican state and information exchange.
legislators, policy-makers, and private sector mem- Following one of the major plenary sessions,
bers from across the nation participated in ALEC’s Housing and Urban Development Secretary Mel
workshops, task force meetings, and keynote ses- Martinez and Florida Governor Jeb Bush held a
sions at this year’s annual meeting in Orlando. joint press conference in which several state and
ALEC offered a superb line-up of major national national issues were discussed, including the
and state leaders addressing the critical issues of the administration’s initiative to protect homebuyers
below: Education Secretary
Rodney Paige at Annual day, including keynote addresses by Education from unscrupulous lenders by expanding and revis-
Meeting
Secretary Rod Paige; Labor Secretary Elaine Chao; ing HUD’s Credit Watch program.
at bottom: Florida House
Speaker Tom Feeney accepts Housing and Urban Development Secretary Mel At the closing banquet, U.S. Senator Zell Miller of
Legislator of the Year Award
Martinez; Congressman Mark Green, Georgia was presented with this year’s prestigious
ALEC Alumni Chairman; Florida Thomas Jefferson Freedom Award. “Senator Miller
Governor Jeb Bush; and Florida’s was presented this honor for his exceptional leader-
Speaker of the House Tom Feeney. ship in the U.S. Senate, and for providing more than
“ALEC’s keynote programs, task force four decades of outstanding public service to the
meetings, and workshops couldn’t people of Georgia and the nation,” said Senator

have been more productive,” said Dunlap. Senator Miller joins a distinguished group of
Oklahoma State Senator Jim Dunlap, individuals, including two former presidents as well
ALEC’s 2002 National Chairman. “It as the late U.S. Senator Paul Coverdell of Georgia,
was an honor to discuss and exchange each of whom have made major contributions to the
ideas on some of the most critical and cause of promoting the Jeffersonian principles. Upon
time-sensitive issues facing our states receiving the award, Senator Miller captured the
and nation.” The annual meeting bipartisan spirit of ALEC, criticizing what he views as
included nearly a dozen education “the petty partisanship on both sides of the aisle” [in
workshops, including forums on “the the United States Senate]. “I cannot believe that one
living wage,” Medicaid reform, sub- party has all the right answers and the other party
prime lending, online privacy, doesn’t have a single right answer,” said Senator
environmental education, pharmaceu- Miller. As a bipartisan membership organization,
tical litigation, the crisis in state ALEC couldn’t agree more.
11
States and Nation Policy Summit states, prescription drugs, Medicaid reform, legal
in Washington, D.C. reform, excise taxes, clean air quality, and education
Every December, hundreds of state legislators reform.
gather in the nation’s capital to attend the annual
States and Nation Policy Summit. The 2002 Membership Activities
Summit attracted more than 300 state legislators Each year ALEC holds membership events in the
from 43 states. individual states. The purpose of these activities is
One of the key highlights of the meeting was a to allow ALEC’s public and private sector members
briefing by President George W. Bush on homeland to interact in an event in their home state, recruit
Below, top to bottom: new members, set state-level priorities, and
U.S. Senator Don Nickles,
security and the situation in Iraq. During the brief-
ALEC alumnus ing at the White House, U.S. Secretary of Education heighten ALEC’s profile and awareness in that state.
Utah House Speaker
Marty Stephens Rod Paige and Secretary of Homeland Security In 2002, ALEC held events in 25 states. See the
G. Gordon Liddy map below, right.
Tom Ridge joined President Bush in
offering remarks. Ridge told ALEC that
creating a Department of Homeland Task Force Summit in Nevada
Security would focus resources on The Task Force Summit is an annual event where
defending America against terrorist ALEC’s national Task Forces come together to set
threats that would otherwise be spread the agenda for the following year, as well as debate
over dozens of agencies. ALEC was the current issues and model legislation before the Task
first national organization to officially Force. In mid-April, ALEC held its 2002 Spring
endorse the administration’s proposal to Task Force Summit in Las Vegas, Nevada. Over 500
create the Department of Homeland legislators and private sector members from across
Security. And finally, Education Secretary the country attended the two-day policy conference.
Page signaled that the White House Several headliners included former Israeli Prime
would be pushing ahead with proposals Minister Benjamin Netanyahu, Health and Human
for school choice. Services Secretary Tommy Thompson, FOX News
Keynote speakers at the Summit Channel’s Bill O’Reilly, and the author of the New
included U.S. Senator Don Nickles, who York Times best seller “Bias,” Bernard Goldberg.
spoke at the opening luncheon; nation- The Task Forces held several break-out sessions,
ally syndicated columnist Robert Novak, including a discussion with Deputy Assistant to the
ALEC’s 2002 recipient of the Warren President and Director of White House
Brookes Award for Excellence in Intergovernmental Affairs Ruben Barrales on
Journalism; astrophysicist Dr. Sallie homeland security issues. The Education Task Force
Baliunas, addressing the issue of global also reasserted its commitment to promote the
climate change; Utah House Speaker “Pledge to Promote Civic Literacy,” particularly as it
Martin R. Stephens; and conservative gains momentum in the states. The project advo-
talk radio host G. Gordon Liddy. The cates the teaching of our country’s heritage and
legislative gathering included six founding documents. During the Task Force
Summit Sessions featuring prominent Summit, ALEC released a major report, “Global
public policy experts, who discussed hot Warming and the Kyoto Protocol: Paper Tiger,
12 topics such as the budget crisis in the Economic Dragon.” The report, written by Patrick
gram is to equip ALEC members with the knowl-
edge, policy solutions, and skills they need to be
effective advocates of Jeffersonian principles.
Through the Academy, ALEC bridges the gap
between political theory and real world practice.
Seminars offer legislators a unique two-way learn-
ing experience as top policy analysts and
experienced legislative leaders conduct workshops
on the most critical issues of the day.
Academy seminars take the form of two-day
mini conferences, with classes meeting for up to six
hours each day, supplemented with meal session
lectures. Throughout each seminar, participants are
Above: Former Israeli Prime J. Michaels, is critical of exaggerated global warm- provided with ample time to meet and talk infor-
Minister Benjamin Netanyahu
addresses Task Force Summit ing arguments and exposes “the economic and mally with faculty, guest lecturers, staff and one
At right: Fox News Host Bill
scientific poverty of the Kyoto Protocol on global other. Faculty for Academy programs are com-
O’Reilly addresses Task Force
Summit
warming.” prised of leading policy experts from universities,
policy think tanks, the busi-
ALEC Academy ness community and
government. The depth and
Initiated in 1999, the ALEC Academy is designed to
diversity of the faculty is
provide enhanced educational and legislative train-
essential to providing the
ing opportunities for state legislators. With state
best educational experience
legislators facing increasing challenges of devolu-
possible for the legislator
tion and term limits, the ALEC Academy provides
participant.
legislators with a unique opportunity to sharpen
their intellectual insights and develop policy strate-
gies for the future by partaking in leadership
Media Highlights
training programs. The goal of the Academy pro- ALEC began the year by releasing its “Crisis in State

Spending” report, which exposed a flood of over-
2002 State spending by state governments during the 1990s
Membership and showed how this set the stage for the fiscal cri-
Events sis that has affected nearly every state. ALEC’s
media efforts to publicize the report began with a
lead editorial from The Wall Street Journal. ALEC’s
report was also cited directly in news stories by sev-
eral state and local newspapers nationwide. A
cross-section of media coverage for the “Crisis in
State Spending” report include: The Indianapolis
Star, The Providence Journal (RI), Rocky Mount
Telegram (NC), Clarion-Ledger (MS), Harrisburg
Patriot (PA), The Washington Times, Deseret News
13
ALEC in the News 2002
N E W S P R I N T
Time 4,189,981 New York, NY
Wall Street Journal (Eastern) 1,820,525 Nationwide
(UT), Omaha World-Herald (NE), Portland Press
New York Times 1,113,000 Nationwide Herald, Associated Press (National), Tulsa World
Arizona Republic 886,200 Phoenix, AZ
Washington Post 811,925 Washington, DC
(OK), Richmond Times-Dispatch (VA), and many
Chicago Tribune 621,870 Chicago, IL more.
Dallas Morning News 500,357 Dallas, TX
Arizona Republic 496,000 Phoenix, AZ In early January, ALEC was prominently cited by an
Seattle Times Sunday 478,612 Seattle, WA article in The Wall Street Journal on one of the most
Boston Globe 467,217 Boston, MA
Star-Ledger 407,592 Newark, NJ controversial post-September 11 issues facing the
Indianapolis Star 385,000 Indianapolis, IN nation, the Model Emergency Health Powers Act
Arizona Republic 365,979 Phoenix, AZ
Plain Dealer 363,693 Cleveland, OH (MEHPA). Subsequently, ALEC became the leading
Orange County Register 358,010 Santa Ana, CA voice of opposition to the proposal, and was asked to
Atlanta Journal-Constitution 327,213 Atlanta, GA
Sun 320,986 Baltimore, MD prepare and submit by USA Today an “Opposing View”
Denver Post 314,888 Denver, CO editorial piece for the newspaper. Stories also appeared in
St. Louis Post-Dispatch 300,852 St. Louis, MO
Commercial Appeal 290,000 Memphis, TN many other newspapers and Time magazine.
Kansas City Star 268,006 Kansas City, MO Throughout the year ALEC also gave a series of
Des Moines Sunday Register 268,000 Des Moines, IA
National Review 260,000 New York, NY national television interviews on several networks,
Times-Picayune 259,705 New Orleans, LA
including CNN, CNBC and FOX News Channel. For
Indianapolis Star 251,601 Indianapolis, IN
Columbus Dispatch 247,722 Columbus, OH instance, Duane Parde, ALEC’s executive director, gave
Charlotte Observer 241,071 Charlotte, NC
a national interview on the Fox News Channel in
Fort Worth Star-Telegram 235,622 Fort Worth, TX
Daily Oklahoman 234,675 Oklahoma City, OK which he discussed how state legislatures nationwide
Buffalo News 230,000 Buffalo, NY
San Antonio Express-News 228,733 San Antonio, TX
are drafting laws in respect to homeland security and
Seattle Times 225,222 Seattle, WA the War on Terrorism. ALEC’s director of policy and
Tampa Tribune and Times 224,585 Tampa, FL
Courier-Journal 224,043 Louisville, KY
legislation, Michael Flynn, soon followed with an
Las Vegas Review-Journal & Sun 221,281 Las Vegas, NV interview on Fox News debating the merits of a recent
Omaha World-Herald 214,651 Omaha, NE
Daily Oklahoman 213,722 Oklahoma City, OK
call for a national identification card system.
Post-Standard 212,444 Syracuse, NY In late June, the U.S. Supreme Court ruled school
Commercial Appeal 210,000 Memphis, TN
Sunday Oklahoman 209,240 Oklahoma City, OK vouchers are constitutional in the case of Zelman v.
Cincinnati Enquirer 206,403 Cincinnati, OH Simmons-Harris, deciding in favor of Cleveland’s
St. Paul Pioneer Press 201,500 St. Paul, MN
Virginian-Pilot 201,236 Norfolk, VA school voucher program. ALEC, as a leading voice in
Florida Times-Union 197,706 Jacksonville, FL the battle to improve America’s schools, worked proac-
Virginian-Pilot 197,208 Norfolk, VA
Boston Herald 192,310 Boston, MA tively with members of the media, and contributed
Austin American-Statesman 188,000 Austin, TX significantly to several front-page news stories in The
Record 186,736 Hackensack, NJ
Press-Enterprise 180,724 Riverside, CA Washington Post, The Wall Street Journal, Los Angeles
Birmingham News 178,132 Birmingham, AL Times, USA Today, and Reuters News Service.
Austin American-Statesman 175,000 Austin, TX
Sunday Patriot-News 174,827 Harrisburg, PA As a supplement to ALEC’s “Crisis in State
Palm Beach Post 171,607 West Palm Beach, FL Spending” report, ALEC issued a “Mid-Year Review of
Providence Journal 164,400 Providence, RI
Dayton Daily News 162,537 Dayton, OH State Budget Policy,” criticizing billions of dollars in
Birmingham News 158,035 Birmingham, AL
state tax increases while warning of larger increases in
Asbury Park Press 157,011 Neptune, NJ
Honolulu Advertiser 153,666 Honolulu, HI fiscal year 2003 without continued economic recovery.
Grand Rapids Press 151,600 Grand Rapids, MI
This report garnered prominent media attention again
Akron Beacon Journal 146,477 Akron, OH
Blade 145,929 Toledo, OH in The Wall Street Journal, Detroit News, and the
Sunday News Journal 145,714 Wilmington, DE
Union Leader (NH).
14 Daily Herald 145,234 Arlington Heights, IL
ALEC National Director, In mid-October, ALEC released its ninth edition
Wisconsin Senator Bob
Welch receives hands-on of the “Report Card on American Education.” This
media training
report, now considered by many in the national
media as the “go-to source” for news stories on stu-
dent achievement, generated hundreds of media
citations, editorials and news stories. In fact, one of
the nation’s most prominent and widely read opin-
ion makers, nationally syndicated columnist Cal
Thomas, wrote about the Report Card in his week-
end column, which appeared on the editorial pages
Housing & Urban of hundreds of America’s newspapers.
Development Secretary Mel
Martinez and Florida Gov. The Report Card also received news coverage over
Jeb Bush hold joint press
conference at ALEC Annual
the Associated Press wire in Alabama, Nebraska,
Meeting
West Virginia, Colorado, Hawaii, and Idaho. These
wire stories are not insignificant, as each generates
exponentially additional news stories and television
coverage within the story’s respective state.
Several opinion-editorials also were placed in fall
2002. ALEC’s Tax & Fiscal Policy Task Force
Director, Chris Atkins, penned two opinion-editori-
als: one for The Northern Virginia Journal, “Prince
William Slug-Line Works Fine for Me,” discussing
the region’s referendum on increasing the sales tax;
and a second one for The Orange County Register
on California’s budget crisis, “Sacramento Goes
ALEC in the NewsT 2002
R A D I O E L E V I S I O N Enron.” Atkins also appeared on CNN Moneyline to
KDKA-PA KDFW-TV, Dallas, TX
offer a candid assessment of how states are finding
WREC-TN FOX News Channel with John Gibson
KNUM-NM KTTV-TV, Los Angeles, CA ways to raise taxes with minimal political risk.

WGIR-NH WJSU-TV, Anniston, AL Health & Human Services Task Force Director Jim
KPSI-CA WAGA-TV, Atlanta, GA
KFWB-CA WITI-TV, Milwaukee, WI Frogue used humor to skewer Oregon’s “single-
CBS RADIO-WA WSYM-TV, Lansing, MI payer” health care initiative—a system in which
WLAC-TN FOX Report with Shepard Smith (Nationwide)
health care funds are pooled into one, state-con-
Andy Thomas Show-SC KGMB-TV, Honolulu, HI
KTRS-MO KITV-TV, Honolulu, HI trolled account that pays for all health care
WFIU-IN WOWT-TV, Omaha, NB expenditures of citizens—with his proposal for a
Bob Grant Show CNBC Capital Report (Nationwide)
Blanquita Cullum WLUK-TV, Green Bay, WI
“single-payer” food system. His article appeared in
National Public Radio KWTV-TV, Oklahoma City, OK The Washington Times, and was subsequently
WERC-AL WCCO-TV, Minneapolis, MN
picked up by many trade journals.
WPBR-FL WBTV-TV, Charlotte, NC
Battle Line with Alan Nathan KREM-TV, Spokane, WA Last July, ALEC and the Manhattan Institute for
American Breakfast with Phil Paleologos KOAT-TV, Albuquerque, NM Policy Research released a blockbuster report on
WPTF-NC CNN Moneyline with Lou Dobbs (Nationwide)
C-SPAN
state budgets entitled, “Show Me the Money:
WDUN-GA
KSFO-CA Budget-Cutting Strategies for Cash-Strapped States.”
15
ALEC in the News 2002 , cont.
Democrat and Chronicle 143,689 Rochester, NY
LA Opinion 139,509 Los Angeles, CA
Lexington Herald-Leader 130,000 Lexington, KY
Mobile Register 128,918 Mobile, AL
News Tribune 128,607 Tacoma, WA
Greenville News 127,218 Greenville, SC
News Journal 121,264 Wilmington, DE
Vindicator 120,000 Youngstown, OH
Knoxville News-Sentinel 119,529 Knoxville, TN
Advocate 118,000 Baton Rouge, LA
Sunday Advocate 118,000 Baton Rouge, LA
Chattanooga Times Free Press 114,366 Chattanooga, TN
Albuquerque Journal 110,710 Albuquerque, NM
Sunday Times 107,221 Walnut Creek, CA
Sarasota Herald-Tribune 106,680 Sarasota, FL
Post and Courier 106,000 Charleston, SC
Honolulu Advertiser 104,960 Honolulu, HI ALEC members participate in media training
Sunday Times 103,505 Washington, DC
Sunday Press Democrat 102,789 Santa Rosa, CA
Given the deepening budget crises in nearly every state
Patriot-News 102,060 Harrisburg, PA
Augusta Chronicle 102,000 Augusta, GA capitol in America, ALEC recently re-released this
Springfield Union-News 101,066 Springfield, MA
report to the media with an updated analysis and eval-
Insight on the News 100,000 Washington, DC
East Valley Tribune 100,000 Mesa, AZ uation of state budgets. In late-November, ALEC
Daily Press 95,000 Newport News, VA
Winston-Salem Journal 95,000 Winston-Salem, NC
began a second media push for the report, beginning
Akron Beacon Journal 94,081 Akron, OH with a full editorial board meeting with editors of The
York Sunday News 93,000 York, PA
Greenville News 92,731 Greenville, SC
Washington Post.
Flint Journal 91,437 Flint, MI In mid-December, senior ALEC staff met with the
Post-Standard 90,592 Syracuse, NY
Wichita Eagle 90,199 Wichita, KS editorial boards of the New York Times, New York
Lansing State Journal 90,000 Lansing, MI Daily News, New York Post, and Financial Times.
Modesto Bee 83,233 Modesto, CA
Beaumont Enterprise 82,754 Beaumont, TX
Times 79,903 Shreveport, LA
Patriot Ledger 79,688 Quincy, MA
South Bend Tribune 79,600 South Bend, IN
Connecticut Post 77,679 Bridgeport, CT
Portland Press-Herald 76,021 Portland, ME
Argus-Leader 75,000 Sioux Falls, SD
Human Events 75,000 Washington, DC
Evansville Courier & Press 74,000 Evansville, IN
Union Leader 72,700 Manchester, NH
Diario Las Americas 68,374 Miami, FL

Macon Telegraph 68,191 Macon, GA
Idaho Statesman 67,000 Boise, ID
Bangor Daily News 65,000 Bangor, ME
Green Bay News-Chronicle (Wkd.) 65,000 Green Bay, WI
Honolulu Star-Bulletin 64,000 Honolulu, HI
Education Week 60,000 Bethesda, MD
Post-Crescent 58,200 Appleton, WI
Herald-Journal 56,000 Spartanburg, SC
Burlington Free Press 55,000 Burlington, VT
Montgomery Advertiser 52,000 Montgomery, AL
Cape Cod Times 50,239 Hyannis, MA
Muskegon Chronicle 49,500 Muskegon, MI
Amarillo Globe-News 43,572 Amarillo, TX
Bay City Times 39,664 Bay City, MI
Charlotte Sun 38,827 Charlotte Harbor, FL
Columbia Flier 37,000 Columbia, MD
National Law Journal 35,000 New York, NY
Howard County Times 20,500 Columbia, MD
16

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2002 Awards

“Throughout my administration, I knew I could count on ALEC’s state legislators as we worked
together, as soldiers in a common cause, to unleash the private sector, rebuild our economy,
strengthen our defenses, and reaffirm our values. Now, with a new federalism firmly established
and government re-focused on the states, you must carry on our work. The achievements of
ALEC and the talents of your members convince me that you are up to the challenge.”
— President Ronald Reagan, first recipient of the Thomas Jefferson Freedom Award
The Thomas Jefferson Freedom Award
T he Thomas Jefferson Freedom Award is

presented each year to a nationally rec-
ognized public sector leader who has
an extraordinary record of successfully
advancing the Jeffersonian principles of limited
government, free markets, individual liberty, and
federalism.
As mentioned earlier, the Thomas Jefferson
Freedom Award was presented to U.S. Senator Zell ALEC 2002 National Chairman Jim Dunlap and ALEC Private Enterprise Chairman
Mike Morgan present Thomas Jefferson Award to U.S. Senator Zell Miller
Miller of Georgia. In a career of public service

spanning more than four decades, Zell Miller has Post called Miller “the most popular governor in
focused on the kitchen-table issues of working America,” and Governing Magazine named him
families to get results for Georgia and for the Governor of the Year. Miller walked into the gover-
nation. One of the nation’s most popular gover- nor’s office facing shrinking state revenues and an
nors, he is now enjoying huge popularity back empty rainy-day fund. By the end of Miller’s two
home for his work in the United States Senate. In terms, Georgia’s coffers were full, and he had elim-
his brief time in the Senate, Miller has tried to ful- inated the sales tax on groceries and cut the
fill his pledge to represent all eight million income tax twice. The tax savings for Georgians
Georgians and no single party. He has regularly added up to more than $1 billion. The centerpiece
reached across the aisle and worked with the of Miller’s legacy as governor is his HOPE scholar-
White House to lower taxes, improve education ship, which has sent more than 500,000 Georgians
and give our Commander in Chief his full support to college and forever changed the way Georgians
in the War on Terrorism. In 1998, The Washington think about higher education.
17
The Warren Brookes Award
for Excellence in Journalism
Few journalists are as well respected for their intel-
lectual rigor, common sense and eloquence as was
the late Detroit News columnist Warren Brookes.
Shortly after he passed away, ALEC dedicated an
award in his name to be given to a journalist whose
work best exemplifies the high standards practiced
by Warren Brookes throughout his career. The award
is presented at the States and Nation Policy Summit.
The 2002 Warren Brookes Award for Excellence
Robert Novak of CNN receives 2003 Warren Brookes Award for Excellence in in Journalism was presented to longtime conserva-
Journalism, presented by 2003 National Chairman Donald Ray Kennard
tive journalist, Robert Novak. A good friend of
Past recipients of the Warren Brookes, Bob Novak reminisced on how
Thomas Jefferson Freedom Award: much we need Warren today. Novak remarked that
President Ronald Reagan when Warren Brookes passed away, he was given a
Wisconsin Governor Tommy Thompson brief obituary in The New York Times, though his
Honorable Jack Kemp death was largely ignored in the establishment
President George H. Bush press, except by the newspapers that loved him,
Michigan Governor John Engler including the Detroit News, The Washington
Honorable William J. Bennett Times, the Boston Herald, the Memphis
Speaker Newt Gingrich Commercial Appeal, and The Orange County
Senator George Allen Register. During his speech, Novak also under-
Utah Governor Michael Leavitt scored what Warren Brookes would have paid close
Nebraska Governor Ben Nelson attention to were he with us today: tax reform;
Senator Paul Coverdell corporate reform; social Security reform; the prob-
Oklahoma Governor Frank Keating lem with spending, and more spending; tort reform
Idaho Governor Dirk Kempthorne – or the lack of it; and, the Kyoto Treaty.
Past recipients of the Warren Brookes Award

for Excellence in Journalism:
Paul Craig Roberts, syndicated columnist
John Fund, editorial writer, The Wall Street Journal
Dr. Walter Williams, syndicated columnist
Don Lambro, chief political correspondent,
The Washington Times
James K. Glassman, syndicated columnist
John Stossel, ABC News
Tony Snow, Host, FOX News Sunday
George Will, syndicated columnist
18
Other Awards
Honoring ALEC's finest, the Legislator of the Year,
Private Sector Member of the Year and Volunteer of
the Year awards are presented to a few individuals
who, by personal example, best exemplify the tenets
of Jeffersonian principles — limited government,

free markets, individual liberty, and federalism.
These prestigious awards are presented at the
Annual Meeting.
“I know your record of creating and

2002 Legislator of the Year recipients include:
Ohio Representative Stephen Buehrer delivering public policy ideas aimed at
Florida Speaker of the House Tom Feeney
protecting and expanding our free society.
Florida Senator Debby Sanderson
I know of your far-reaching national
2002 Private Sector Member of the Year
network that crosses geographic and
recipients include:
Walt Buchholtz of ExxonMobil political boundaries and that has affected
Sandra Oliver of Bayer Corporation
all levels of government…”
David C. Schreier of Aventis Pharmaceuticals
— U.S. Senator Zell Miller, latest recipient
of the Thomas Jefferson Freedom Award
2002 Volunteer of the Year recipients include:
Debra Thurmond, Office of Oklahoma Sen.
Jim Dunlap
Lori Drummer, Office of Ohio Rep. Stephen
Buehrer
19

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Policy
W hile the development of model

legislation is an important part
of ALEC’s work, in many ways it
is just the beginning. Each year,
ALEC develops and executes a number of major
educational programs to build on the work of its
Task Forces. The goal of these projects is to pro-
ALEC successfully implemented many aspects of
this mission in 2002. Five reports were released:
“Crisis in State Spending: A Guide for State
Legislators,” “Show Me the Money: Budget Cutting
Strategies for Cash Strapped States,” “Mid Year
Review of State Budget Policy,” “States Can’t Tax
Their Way Back to Prosperity,” and “FY 2004
mote the ideals embodied in ALEC’s model Budget Outlook.” ALEC also hosted issue briefings
legislation. Through research papers, state issue in several states and issued numerous alerts on state
briefings, witness testimony and conference work- tax increase proposals. ALEC will continue to be a
shops, ALEC’s policy projects build national vanguard for liberty by standing firmly against state
networks of informed, committed legislators who tax increases through the Crisis in State Spending
advocate change in their legislatures. project.
Crisis in State Spending: Disorder in the Court:

A Guide for State Legislators Litigating Public Policy
The decade of the 1990s witnessed unprecedented The widespread use of litigation by lifestyle activists
growth in state revenues. Unfortunately, the majority and the plaintiff ’s bar to target specific companies
of these resources were converted into permanent is well documented. The costs these suits impose
spending increases, rather than fundamental tax on our economy are also well known and have led
reform. As a result, state governments are facing mas- to a vigorous debate on ways to reform the civil
sive budget shortfalls. Nearly half the states have justice system. Almost a decade ago, many legisla-
already raised taxes, siphoning resources from the pri- tures, after careful deliberations, began to enact
vate sector to fuel heightened government spending. measures to reign in lawsuit abuse and runaway lit-
The Crisis in State Spending project was devel- igation. These efforts have been stymied in state
oped to help state lawmakers address the state after state, however, by judicial rulings throwing
budget crisis with Jeffersonian solutions. The mis- out even the most modest reforms. In the last
sion of the project is to develop new resources and decade, state courts issued almost 96 rulings nulli-
to use resources already available to conduct a fying tort reform laws. This has been nothing less
coordinated campaign aimed at preventing state tax than a systematic stripping of the powers of the
increases, and to create conditions that will prevent legislatures and the citizens’ elected representatives.
tax increases in the future. Against this backdrop of judicial nullification,
20
major impact on our climate, environmental
activists are pushing the states and our economy
towards an energy starvation diet.
Are we truly in an energy crisis? Is America’s
tank about to run dry? Does the impact of a hydro-
carbon-based economy on the environment impose
too high a price to pay for affordable energy? Is
America’s dependency upon foreign fossil fuels a
threat to our national security? The answer to all of
these questions is an emphatic NO. Energy security
requires fuel diversity, not regulation.
A critical issue in the free market approach to
production and transmission of energy is that of
fuel diversity. The greatest threat to national inde-
pendence is the regulatory burden placed upon the
ALEC members discuss activists and the trial bar developed a new, broader
education issues at task marketplace from fuel supplies to emission stan-
force meeting tactic, using mass litigation to target not just com-
dards. The focus of the Energy project is to assist
panies, but entire industries. Increasingly, they are
state legislators with a cost benefit evaluation of
acting not on behalf of allegedly wronged individu-
fuel supply costs for energy production in their
als, but on behalf of government.
states and the economic impact of multi-pollutant
The Disorder in the Court project is building a
standards that may have little measurable effect on
national network of state legislators to address this
the improvement of air quality.
issue. Through conference workshops, research
papers, ALEC Academy seminars, and state Issue
Environmental Health Initiative
Briefings, the project educates members on the
threat posed by this litigation trend and devise leg- How risk averse should we be? Activists in Europe
islative solutions. and, increasingly, in the United States argue that no

new product should be sold unless we can first
Energy Sustainability: prove that it causes no harm. While this paradigm,

The Case for Optimism the “Precautionary Principle” may sound reason-
able, its effect would cripple development and
America entered the 21st century with the nation
economic growth.
gripped by a growing energy crisis. How could this
Under the auspices of protecting the public good
happen at a time when abundant energy is a staple
from potential harm, advocacy organizations have
of our modern day civilization and free economy?
attempted to link public health concerns to envi-
Ten years ago, an ill-founded international agree-
ronmental issues for the purpose of driving a
ment to reduce hydrocarbon fuel consumption was
political agenda. Environmental issues should be
conceived, named the Kyoto Protocol, and its issue
taken seriously. Responsible management of natu-
is resulting in the consideration of carbon dioxide
ral resources is a foundation of a healthy market
emission standards in the states. Although it is still
economy. Consumers in a free market should be
unclear whether global warming is occurring or,
able to make informed decisions; decisions that are
even if it is occurring, whether it would have a
based in sound science. Policy for the collective
21
Free Market Health Care Reform
Americans enjoy the highest quality health care in
the world. Yet, we are often told that we face a
health care crisis: growth in state Medicaid budgets
has again spiked; millions of Americans lack health
insurance; and the aging baby boomer generation
will put unprecedented demands on our health care
system. These challenges will dominate the public
policy debate in the coming years.
ALEC’s Free Market Health Care Reform project
educates legislators about market-based solutions
to America’s pressing health care needs. The project
works to provide free-market solutions to problems
such as prescription drug benefits, the uninsured,
Congressman Steve King, an ALEC alumnus (right) and Lew Uher, (left)
President of the National Tax Limitation Committee at Annual Meeting long-term care, and insurance reform. Further, the
project utilizes a number of proven tools and
good of a democratic nation should follow the sci-
resources to facilitate its goals. Specifically, ALEC
ence and be written with a minimal impact on the
identifies market-based solutions, provides in-
freedom of the individual citizens.
depth issue and media training for state legislators,
Public policy that is not based on science and
arms legislators with a body of research supporting
does not address real issues does not serve the pub-
free-market health care solutions, and builds a net-
lic interest. Elected officials and other public
work of members committed to reform.
policy-makers need to ensure that our nation’s
efforts and limited resources are focused on the
highest priorities, and that there are tangible and
TASK FORCES
CIVIL JUSTICE TASK FORCE
beneficial results for the use of these resources. To
Members of the Civil Justice Task Force have been
this end, the Energy, Environment, Natural
at the forefront of the efforts to restore fairness and
Resources, and Agriculture Task Force and the
predictability to the civil justice system. The Task
Health and Human Services Task Force have
Force’s work has resulted in a number of policy

appointed a joint subcommittee to investigate the
publications, state-level Issue Briefings, committee
scope of the problem of public advocacy research at
testimony and focused workshops during ALEC’s
the state level.
conferences. Through these forums, ALEC mem-
The goal of the Environmental Health Initiative
bers have become well-versed in the importance of
is to ensure that state legislators have the tools they
curbing runaway litigation. The task force has
need to properly evaluate the reliability and credi-
worked diligently to promote systematic fairness in
bility of scientific testimony presented during the
the courts through legislation to discourage frivo-
legislative sessions. The project will create a national
lous lawsuits, to fairly balance judicial and
network of legislators who can take the lead in their
legislative authority and to treat defendants in a
states in determining whether a proposed policy ini-
consistent manner. In the 2002 legislative session,
tiative is based on sound scientific concerns or is
ALEC members introduced approximately 75 bills
fueled by advocacy-based junk science.
22 based on ALEC Civil Justice Model Legislation.
Major Issues: Property/Casualty Insurance Modernization Act
Regulation and Taxation through Litigation has won national praise from legislators and indus-
Health Care Liability Reform
try professionals who support a more robust and
General Liability Reform
Separation of Powers competitive insurance market. Finally, reducing the
Class Action Lawsuit Abuse regulatory burden on the financial services com-
Expert Witness and Evidence Qualifications munity has continued to be an area of focus. By
Key Model Legislation: assuring that the regulated community faces fair,
Appeal Bond Waiver Act free market conditions in the states, members are
Private Attorney Retention Sunshine Act making certain that consumers are the ultimate
Fairness in Litigation Act beneficiaries.
Legal Consumer’s Bill of Rights
Class Action Improvements Act Major Issues
Banking and Financial Services
COMMERCE AND ECONOMIC Employer Mandate Reduction
DEVELOPMENT TASK FORCE Insurance Modernization
Members of the Commerce and Economic Job Training
Development Task Force believe that economic Labor Market Reform
Occupational Health and Safety
freedom is the cornerstone of our prosperity and, Public Pension Reform
even, our political freedom. The Task Force devel- Social Security Reform
ops policies that enhance competitiveness, promote Wage Laws
employment and economic prosperity, encourage Workers’ Compensation
innovation and increased efficiency, and limit the Key Model Legislation
regulations that government imposes on businesses. Labor Peace Agreement Preemption Act
These policies include workers’ compensation “Living Wage” Mandate Repeal Act
Property/Casualty Insurance Modernization Act
reform, labor deregulation, union reforms, and
Public Employees’ Portable Retirement Option Act
insurance and financial services policy. The Task
Force develops model legislation to facilitate the CRIMINAL JUSTICE TASK FORCE
implementation of these policies in the states, and The Criminal Justice Task Force is dedicated to
educates ALEC members through Task Force meet- developing model policies that reduce both violent
ings, issue papers, state-based issue briefings, and

and property crimes in our cities and neighbor-
special workshops. hoods. The Task Force is accomplishing this by
In 2002, the Task Force continued its leading role approving model bills that hold criminals account-
in reforming public employee pensions in the able for their actions and provide swift and certain
states. By promoting the switch from defined bene- punishment for their crimes — without adding
fit plans to defined contribution plans, ALEC more governmental intrusions into law-abiding cit-
members are spearheading reforms to provide izens’ lives. In recent years, the Task Force has dealt
greater flexibility and individual choice in retire- with issues such as prison privatization, child
ment savings plans. These reforms can serve as a firearm safety, asset forfeiture reform, drunk driv-
blueprint for reform of the federal Social Security ing prevention and increased penalties for repeat
system. In addition, the Task Force is engaged in hard-core offenders, standards for bail enforcement
promoting free market competition in the prop- agents, preventing violent youths from committing
erty/casualty insurance market. ALEC’s crimes in school, and the War on Terrorism. The
23
Task Force will be focusing on the following issues the states with regard to transportation funding,
in the 2003 legislative sessions: identity theft and and rural aviation and the nation’s small airports.
the use of personal information to commit crimes; Further, the Task Force promotes free trade by
increasing use of automated photo enforcement encouraging regional and international trade agree-
devices by cities; increasing emergency response ments that reduce or eliminate tariffs and quotas.
training for state and local law enforcement, and Members were outspoken in support of the presi-
fire and EMT personnel by utilizing high-tech dent’s authority to negotiate trade agreements.
delivery mediums; and introducing Best Practices In addition, throughout 2002 the Task Force
guidelines into correctional facilities. played an integral role in ALEC’s Homeland
Security Working Group. By addressing such issues
Major Issues
Asset Forfeiture Reform as drivers’ licenses, freight security, and aviation
Bail Reform security, the Task Force worked in the states to
Court Reform ensure America’s safety.
Drunk Driving Prevention
Federalization of Crime Major Issues
Identity Theft Free Trade and Trade Sanctions
Juvenile Crime Fuel Taxes
Victims’ Rights Highway Safety
Prison Privatization Homeland Security
Red Light Cameras Non-Commercial Drivers’ License Security
Retail Theft Rural Aviation
The Right to Bear Arms Transportation Funding and Federal Mandates
Truth in Sentencing Public-Private Partnerships
Violence in Schools
Key Model Legislation
War on Terrorism
Federal Highway Trust Fund Resolution
White Collar Crime and Theft
Intermodal Policy Resolution
Key Model Legislation Resolution Opposing Federal Non-Commercial
Anti-Automated Enforcement Act Drivers’ License Standards
Comprehensive Asset Forfeiture Act State Drivers’ License and Identification
Consistency in Firearms Regulation Act Security Act
Personal Information Security Act Urban Transit Administrative Act
Truth in Sentencing Act
EDUCATION TASK FORCE

TRADE AND TRANSPORTATION TASK FORCE The mission of the Education Task Force is to help
The Trade and Transportation Task Force seeks to promote excellence in our country’s educational
improve America’s competitiveness through inno- system. The Task Force is helping to reach that level
vative free market trade and transportation of excellence by advocating strong accountability in
policies. The Task Force studies ways to better public schools and advancing education reform
involve the private sector in order to more effi- policies, such as charter schools, vouchers, and tax
ciently generate the necessary funds and flexibility credits that grant parents and students the means
required to meet our transportation and infrastruc- to choose the schools that best meet their educa-
ture needs. The Task Force is currently studying tional needs. With 2002’s landmark Supreme Court
market-based highway maintenance, public-private decision in favor of school choice programs, the
partnerships in highway construction, the relation- Task Force has worked diligently to educate mem-
24 ship between the federal government and those of bers in the 50 states about school choice and how
Alternative Certification Act
Charter Schools Act
Civic Literacy Act
Education Certificate Act
Teacher Choice Compensation Act
ENERGY, ENVIRONMENT, NATURAL RESOURCES,

AND AGRICULTURE TASK FORCE
Free market environmentalism recognizes that a
healthy economy and a healthy environment are
mutually dependent; this is the underlying principle
of the Energy, Environment, Natural Resources, and
Agriculture Task Force. The task force pursues poli-
cies that take advantage of the positive forces of
Task Forces meet to discuss the best to implement this program. In addition, the
top priorities affecting the consumers and producers in a free marketplace,
states Task Force released ALEC’s annual Report Card on
maximize positive choices, and utilize the advantages
American Education, which takes a comprehensive
afforded through evolving technologies. The Task
look at the state of public education across our
Force adopts official positions as reflected through
nation. Once again, the Report Card shows that
model resolutions, model bills, and statements of
there is no statistically evident correlation between
principle. In addition, the educational activities of
educational performance and teacher salaries or
the Task Force encompass seminars and presenta-
expenditures per pupil – clearly refuting the claims
tions from academic and industry experts as well as
that more money equals better education. In 2003,
exchanges of information on legislative debates.
the Task Force will continue to focus on policies
and programs that hold teachers accountable for Major Issues
the education they are providing, as well as to Agriculture
Air Quality
develop new ideas on how businesses can become
Biotechnology
partners in educating future generations. Energy Sustainability
Major Issues Environmental Education
Environmental Health

Accountability
Alternative Teacher Certification Property Rights
Bilingual Education Reform Urban Growth
Charter Schools Water Quality
Civic Education Key Model Bills
Competitive Contracting of Management Conditioning Regulation of Non-Pollutants
and Services on Science
Curriculum Reform Resolution in Opposition of Carbon Dioxide
Early Childhood Development Emission Standards
Education Finance Non-Potable Groundwater Use Act
Higher Education Opportunity to Correct
Merit Pay Performance Based Permitting Act
National Teacher Certification Power Plant Siting Act
School Choice Agriculture Bio-Security Act
Teachers Unions State Sovereignty for Air Quality and Visibility Act
25
Policy Resolution on Reform of New Source
Review Regulations
Resolution in Opposition to S. 1602: The
“Chemical Security Act of 2002”
TAX & FISCAL POLICY TASK FORCE

The Tax and Fiscal Policy Task Force develops pol-
icy to reduce excessive government spending and
lower the overall tax burden. Its legislative mem-
bers have been at the forefront of developing
sound, free-market tax and fiscal policy. The Task
Force has developed budget reform policies, tax
and expenditure limitations, supermajority require-
ments for tax increases, dynamic revenue
forecasting, and legislation opposing Internet taxes.
The Task Force has three subcommittees which
explore various issues in detail, including the
Internet Subcommittee, the Tax Reform
Subcommittee, and the Tax and Expenditure
Limitation (TEL) subcommittee.
A recent survey of members indicated that tax
Top: Iowa Rep. Jamie Van Fossen participates on panel. Above: Colorado Senator
policy was their top concern. In the most recent Ed Jones at education task force meeting
legislative session, a number of bills to lower the tax

TELECOMMUNICATIONS AND INFORMATION
burden and curb excessive government spending TECHNOLOGY TASK FORCE
were introduced by ALEC members. The fast pace and constant innovation in both
Major Issues telecommunications and information technology
Budget Process Reform present a complex set of policy problems that defy
Government Spending Reform uniform policy prescriptions. States must be careful
Internet Taxation
not to stunt the growth of communications and
Multistate Taxation
Tax and Spending Limitations technological advancement through excessive regu-

Tax Reduction and Reform lation and taxation. Economic and political
assumptions that once guided policy-makers in the
Key Model Bills
Electronic Commerce and New Economy Data past are not wholly applicable in this evolving
Collection Act economy. To guide policy-makers through these
Internet Taxation Resolution uncharted waters, the Telecommunications and
Interstate Compact Sunshine Act
Information Technology Task Force brings together
Personal and Business Flat Tax Act
Tax and Expenditure Limitation Act state legislators, industry representatives, and public
Truth in Forecasting Act policy experts to develop state public policy that will
Commission on Economy and Productivity in preserve free-market principles, uphold deregulation
Government Act
efforts, and keep the communications and technol-
ogy industries free from burdensome regulations.
26
Currently, the Task Force is examining a variety
of issues, including barriers to e-commerce, com-
petition in both technology and
telecommunications, and rights-of-way reform.
Major Issues
Barriers to E-Commerce
Broadband Technologies
Electronic Government
Municipal Competition
Online Privacy
Rights of Way Reform
Spam
Telecommunications Tax Reform

Broadband and Telecommunications Deployment Act
Electronic Government Services Act
Enabling Legislation for Public-Private Electronic
Information Network Partnerships
Local Cellular Phone Preemption Act
Municipal Telecommunications Private Industry
Safeguards Act
Online Bidding Act
Parity & Certainty in Regulatory Treatment of High
Speed Internet Access Services & Broadband
Services & Providers Act
Personal and Commercial Computer Protection Act
27
2002 PUBLICATIONS
SPECIAL REPORTS
Crisis in State Spending: A Guide for State Legislators
Mid-Year Review of State Budget Policy
Report Card on American Education
Show Me The Money: Budget Cutting Strategies for Cash Strapped States
STATE FACTORS
Abolishing the Medicaid Ghetto: Putting Patients First
Deregulating the Insurance Industry: The Key to Providing Quality, Cost-effective Consumer Protection
Get Your Money for Nothing and Your Credits for Free
Global Warming and the Kyoto Protocol: Paper Tiger, Economic Dragon
Is There Legal Authority to Award Regulatory Credits for Greenhouse Gas Reductions?
Monopoly Protection Legislation
States Can’t Tax Their Way Back To Prosperity: Fiscal Lessons Learned from the 1990-91 Recession
The Anti-Energy Manifesto of the State Attorneys General
The Outer Limits of Taxation (Reprint from December 1998)
Why States Should Reject Multi-”Pollutant” Regulation of Carbon Dioxide
ISSUE ANALYSIS
A Free & Frictionless Market: States Save with Reverse Auctions
America’s Judicial Hellholes: Is Salvation Possible
America’s Evaporating Jury Pool
Broadband Deployment: What is the Answer?
California’s Dreamin’
Class Actions: Five Modest Ways to Rationalize State Statutes
Client’s Beware: Fee Abuse in the Legal System
Don’t Turn Out the Lights: Interstate Compacts and State Sunshine Laws
Energy Security and Access to America’s Public Land
Federal Drivers License Bureau: Feel Safer?
First Things First: Reign in Right of Way
Getting Scanned: Biometrics & a National ID
Getting from the Manufacturer to the Consumer: Merchandising Agreements
Liberty for All: How Our Freedom is Threatened by the Movement to Balance State Budgets
by Raising Excise Taxes
Making Privatization Work for State Government
Net Impact: States Save Online
On Checks and Balances and Federalism
Policy-makers Must Address the Growing Asbestos Litigation Crisis
28 Power Grab: The States in a State of Emergency - MEHPA
Power Play: Congress May Mandate Collective Bargaining for State and Local Public Safety Workers
Privacy in the Digital World: Industry Must Lead or Government Will
Pushing Regulation through Litigation to the Edge: The Gaming Industry, Fast Food and Alcoholic Beverages
Shining Light on E-Government
State Economic Development: Feeding Sparrows Through a Horse
States Need to be Ready to Lead the Next Round in School Choice Battle: After Zelman v. Simmons-Harris
Toxic Mold: The Danger of Knee-Jerk Legislation
The Growing Asbestos Litigation Crisis
The Real Digital Divide: Teachers & Technology
The Rise of Cartel Federalism
The Spam Sham
Unfair Restraint on the Right to Contract
Virginia Electronic Government Public/Private Partnership
29
2003 ALEC BOARD OF DIRECTORS
OFFICERS BOARD MEMBERS
Louisiana Representative Donald Ray Kennard North Carolina Representative Harold J. Brubaker
National Chairman Nebraska Senator L. Patrick Engel
Kansas Senator Susan Wagle Louisiana Senator Noble Ellington
First Vice Chairman Arkansas Senator Steve Faris
Mississippi Senator Billy Hewes Connecticut Senator George L. Gunther
Second Vice Chairman
California Assemblyman Ray Haynes
Georgia Representative Earl Ehrhart New York Senator Owen Johnson
Treasurer
New Mexico Representative Terry Marquardt
Iowa Representative Dolores Mertz Tennessee Representative Steve McDaniel
Secretary
Virginia Senator Steve Martin
Oklahoma Senator Jim Dunlap Colorado Senator Dave Owen
Immediate Past Chairman
Nevada Senator William Raggio
Nevada Senator Dean Rhoads
Wisconsin Senator Robert Welch

OFFICERS BOARD MEMBERS
Kurt L. Malmgren, PhRMA Ken Ardoin, Pfizer Inc
Chairman Walt Buchholtz, ExxonMobil
Jerry Watson, American Bail Coalition John Del Giorno, GlaxoSmithKline
First Vice Chairman
C. T. Howell, Chlorine Chemistry Council
Scott Fisher, Altria Corporate Services, Inc.
Jeffery A. Lane, Procter & Gamble
Second Vice Chairman
Kenneth F. Lane, DIAGEO

Pete Poynter, BellSouth Corporation
Treasurer Bernard F. McKay, Intuit Inc.
Edward D. Failor, Sr., Iowans for Tax Relief Roger L. Mozingo, R. J. Reynolds Tobacco
Secretary Company
Michael K. Morgan, Koch Industries, Inc. J. Patrick Rooney, Golden Rule Insurance
Immediate Past Chairman Company
Allan Auger, Coors Brewing Company Alan Smith, Ohio Casualty Group
Chairman Emeritus Patrick Thomas, United Parcel Service
Ronald F. Scheberle, Verizon
Communications, Inc.
Chairman Emeritus
30
ALEC NATIONAL STAFF
Duane Parde MEETINGS & CONFERENCES

Executive Director Patrick Dougherty
Manager of Meetings and Conferences
Carolyn Fallis
Sebastian Filgueira
Executive Assistant to the Executive Director
Assistant to the Manager of Meetings and
Conferences
MEMBERSHIP
Gary Barrett LEGISLATION & POLICY
Director of Membership Michael Flynn
Lining Burnet Director of Legislation and Policy
Director of Programs Jessica Meil
Richard Gowdy Policy Coordinator
Director of Membership Programs Kristin Armshaw
Harolyn Jubar Director of the Civil Justice Task Force
Membership Coordinator Chris Atkins
Heather Willoughby Director of the Tax and Fiscal Policy Task Force
Membership Coordinator Trent A. Barton
Director of the Education Task Force
PUBLIC AFFAIRS Sandy Liddy Bourne
David N. Wargin Director of the Energy, Environment, Natural
Director of Public Affairs Resources, and Agriculture Task Force
Joseph S. Rinzel James Frogue
Assistant Director of Public Affairs Director of the Health and Human Services
Task Force
Bob Adams
Director of Media Relations Morgan Hayley Long
Director of the Telecommunications and
Caitlin McElfatric
Information Technology Task Force
Public Affairs Assistant
Trevor R. Martin
Director of the Commerce and Economic
ADMINISTRATION Development and Trade and Transportation

Beverlee A. Lee Task Forces
Director of Finance and Administration Catherine Ellis
Neil Willoughby Legislative Assistant
Assistant Director of Finance Kelli Kay
Gina Best Legislative Assistant, EENRA Task Force
Administrative Assistant
Jose Fernandez
Assistant to the Director of Finance and
Administration
Kaiser Siyit
Director of Information Services
31
ALEC FINANCIAL PROFILE
Total 2002 Income: $5,025,388
ALEC Revenue Streams

Miscellaneous
Task Forces
2 0 0 2 I N CO M E
Conferences.............43% Conferences
Membership ............31%
Task Forces ..............25%
Membership
Miscellaneous............1%
ALEC 2002 Cost Centers
G&A/Board
2002 EXPENSES
Conferences
Public Affairs
Conferences.............34%
Membership ............12%
Task Forces ..............31%
Task Forces
Public Affairs.............8% Membership
G&A/Board .............15%
32
ALEC

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________________________________________________________________________________________________________
1101 Vermont Ave., NW, 11th Floor, Washington, DC 20005 ~ 202/466-3800 ~ Fax: 202/466-3801 ~ www.alec.org
Agenda
Tuesday, August 3, 2010
Board of Directors Reception, by invitation only 6:30 p.m. - 7:30 p.m. Off-site
Board of Directors Dinner, by invitation only 7:30 p.m. - 9:30 p.m. Off-site
Wednesday, August 4, 2010
Registration Open 12:00 p.m. - 5:00 p.m. Litrenta Foyer

Joint Board of Directors Meeting 9:00 a.m. - 5:30 p.m. Elizabeth FG
State Chairs Training Session 2:00 p.m. - 5:00 p.m. Del Mar AB
NCHL Working Group 3:00 p.m. - 5:00 p.m. Madeline ABC
Leadership Reception, by invitation only 6:00 p.m. - 7:00 p.m. Elizabeth Foyer
Leadership Dinner, by invitation only 7:00 p.m. - 9:00 p.m. Elizabeth GH
Sponsored by Reynolds American
Speaker: Ms. Susan Ivey, Chairman, President
and CEO, Reynolds American
Hospitality Suite 9:00 p.m. - 11:00 p.m. Madeline ABC
Thursday, August 5, 2010
Registration Open 7:30 a.m. - 5:00 p.m. Litrenta Foyer

State Chairs Meeting 9:00 a.m. - 11:15 a.m. Elizabeth F
Task Force: International Relations 9:00 a.m. - 11:15 a.m. Manchester H, I
ALEC Exhibition Hall Open 8:00 a.m. - 5:00 p.m. Elizabeth ABCDE
Attendee Grab-N-Go Breakfast 8:00 a.m. - 11:15 a.m. Elizabeth ABCDE
Task Force Working Groups and 8:00 a.m. - 11:15 a.m.
Subcommittees
Fiscal Federalism Working Group 8:00 a.m. - 9:00 a.m. Elizabeth G
Environmental Health Working Group 8:00 a.m. - 9:30 a.m. Manchester G
Transportation Subcommittee 9:00 a.m. - 10:00 a.m. Elizabeth H
Leadership Institute: 9:00 a.m. - 11:15 a.m. George Bush
New Media Workshop
Public Pension Reform Working Group 9:15 a.m. - 10:15 a.m. Elizabeth G
Health Care Reform: Repeal vs. 9:15 a.m. - 11:15 a.m. Mohsen AB
Implementation
Energy Subcommittee 10:00 a.m. - 11:15 a.m. Manchester G
6 37th Annual Meeting

Agenda
Working Group on Education Reform 10:00 a.m. - 11:15 a.m. Madeline AB
Corrections and Reentry 10:15 a.m. - 11:15 a.m. Elizabeth H
Working Group
Cy Pres Working Group 10:15 a.m. - 11:15 a.m. Madeline CD
FIscal Policy Reform Working Group 10:15 a.m. - 11:15 a.m. Elizabeth G
Opening Luncheon, sponsored by AT&T 11:30 a.m. - 1:30 p.m. Douglas ABC
Speaker: Randall Stephenson, Chair-
man, CEO, and President, AT&T
Keynote: Gov. Rick Perry (TX)
Workshop: Transferring Credits: Easing the 1:45 p.m. - 3:00 p.m. Elizabeth F
Burden of Students and Taxpayers
Workshop: Regional Climate Initiatives 1:45 p.m. - 3:00 p.m. Elizabeth G
Workshop: Panel on Prescription Drug 1:45 p.m. - 3:00 p.m. Elizabeth H
Abuse: Good Medicines, Bad Behavior
Workshop: Visa 3:15 p.m. - 4:30 p.m. Elizabeth F
Workshop: Show Me the Money: Improv- 3:15 p.m. - 4:30 p.m. Elizabeth G
ing Budget Transparency in the States
Workshop: Restoring Good Faith to Insur- 3:15 p.m. - 4:30 p.m. Elizabeth H
ance “Bad Faith” Legislation
Diageo Wine and Cheese Reception 5:00 p.m. - 6:00 p.m. Elizabeth ABCDE
Open to all attendees
Chairman’s Reception, by invitation only 5:30 p.m. - 6:30 p.m. Ford ABC
Sponsored by AT&T
International Relations Reception 6:00 p.m. - 7:00 p.m. Elizabeth Terrace
California Welcome Reception aboard 6:30 p.m. - 8:30 p.m. U.S.S. Midway
the U.S.S. Midway, sponsored by Califor-
nia Host Committee
Hospitality Suite 9:00 p.m. - 11:00 p.m. Ford ABC
Friday, August 6, 2010
San Diego, California 7

Agenda
Plenary Breakfast, sponsored by Bayer 8:00 a.m. - 9:15 a.m. Douglas ABC
Corporation
Speaker: Greg Babe, President and CEO,
Bayer Corporation
Keynote: Gov. Joe Manchin (WV), invited
ALEC Exhibition Hall Open 9:30 a.m. - 5:00 p.m. Elizabeth ABCDE
Workshop: Cutting Crime and Budgets: 9:30 a.m. - 10:45 a.m. Elizabeth F
Proven Solutions for Your State
Workshop: The Changing Face of Journal- 9:30 a.m. - 10:45 a.m. Elizabeth G
ism in the States
Workshop: Creating True and Lasting Bud- 9:30 a.m. - 10:45 a.m. Elizabeth H
get Reform in Your State
Task Force Chairs Meeting 11:00 a.m. - 12:15 p.m. Mohsen AB
Workshop: The 10th Amendment: Federal- 11:00 a.m. - 12:15 p.m. Elizabeth F
ism and Restoring State Sovereignty
Workshop: Building a Free-Market 11:00 a.m. - 12:15 p.m. Elizabeth G
Movement in Your State
Workshop: Protecting Philanthropic Freedom 11:00 a.m. - 12:15 p.m. Elizabeth H
Plenary Luncheon, sponsored by Allergan 12:30 p.m. - 2:15 p.m. Douglas ABC
Speaker: Lynn Salo, Vice President,
Allergan Medical US Breast Aesthetics
Division
Keynote:
Task Force: Commerce, Insurance, 2:30 p.m. - 5:30 p.m. Elizabeth G
and Economic Development
Task Force: Civil Justice 2:30 p.m. - 5:30 p.m. Manchester DE
Task Force: Education 2:30 p.m. - 5:30 p.m. Manchester GH
Task Force: Telecom and IT 2:30 p.m. - 5:30 p.m. Manchester AB
Education Task Force Reception, by invita- 5:30 p.m. - 6:30 p.m. Manchester Foyer
tion only
Sponsored by Bridgepoint Education
IncomingChairman’sReception,byinvitationonly 5:30 p.m. - 6:30 p.m. Ford ABC
State Delegation Night 6:00 p.m. Ford ABC
Hospitality Suite 9:00 p.m. - 11:00 p.m.
8 37th Annual Meeting

Agenda
Saturday, August 7, 2010

ALEC Exhibition Hall Open 9:30 a.m. - 12:00 p.m. Elizabeth ABCD
Plenary Breakfast, :WVUZVYLKI`7ÄaLY 8:00 a.m. - 9:15 a.m. Douglas ABC
Task Force: Public Safety and Elections 9:30 a.m. - 12:30 p.m. Elizabeth H
Task Force: Health and Human Services 9:30 a.m. - 12:30 p.m. Manchester AB
Task Force: Energy, Environment, and 9:30 a.m. - 12:30 p.m. Manchester GH
Agriculture
Task Force: Tax and Fiscal Policy 9:30 a.m. - 12:30 p.m. Elizabeth G
Plenary Luncheon, sponsored by Visa 12:30 p.m. - 2:15 p.m. Douglas ABC
Speaker: Frm. Maj. Leader Dick Armey
Closing Ceremonies 4:00 p.m. - 5:00 p.m.
Sunday, August 8, 2010
Prayer Service 9:00 a.m. - 10:30 a.m. Ford ABC

Speaker: Cal Thomas, Syndicated Columnist
San Diego, California 9

ALEC ENERGY, ENVIRONMENT AND AGRICULTURE
TASK FORCE MEETING
2010 ANNUAL MEETING
SAN DIEGO, CALIFORNIA
AUGUST 7, 2010
9:30AM – 12:30PM
TENTATIVE AGENDA
9:30 a.m. Call to Order, Welcome, and Introductions
Representative David Wolkins, Indiana
Tom Moskitis, American Gas Association
Martin Shultz, Pinnacle West Capital Corporation
9:35 a.m. EPA Regulation of Greenhouse Gas Emission under the Clean Air Act
Myron Ebell, Competitive Enterprise Institute
10:00 a.m. Energy Policy and Fuel Prices in California

Dr. Wallace Walrod, Fueling California
10:20 a.m. Advanced Metering Infrastructure and Voltage Conservation

Brandon Stites/Ken Barker, Dominion Resources
10:40 a.m. Model Legislation

Eminent Domain Authority for Federal Lands Act
State Sovereignty through Local Coordination Act
Decentralized Land Use Regulation for Rural Counties
11:40 a.m. Uranium Supply and Production

Uranium Producers of America
12:00 p.m. Workforce Development

Edison Electric Institute
12:20 p.m. For the Good of the Order
12:30 p.m. Adjourn

ENERGY SUBCOMMITTEE
2010 ANNUAL MEETING
THURSDAY, AUGUST 5, 2010
10:00AM – 11:15AM
TENTATIVE AGENDA
10:00 a.m. Welcome and Introductions
Rep. Walt Bivins, Missouri
Michael McGarey, Nuclear Energy Institute
10:10 a.m. The Limits of EPA Regulatory Power

Daren Bakst, John Locke Foundation
10:30 a.m. Discussion: State and National Climate Change Issues
11:00 a.m. For the Good of the Order
11:15 a.m. Adjournment

ENVIRONMENTAL HEALTH WORKING GROUP
2010 ANNUAL MEETING
THURSDAY, AUGUST 5, 2010
8:00AM – 9:30AM
TENTATIVE AGENDA
8:00 a.m. Welcome and Introductions
Sen. Doug Smith, Maine
Jenn Mendez, Carpet & Rug Institute
8:15 a.m. Discussion: Extended Producer Responsibility
8:40 a.m. Discussion: State and Federal Chemical Regulation
9:00 a.m. Discussion: Status of Coal Ash Regulation
9:20 a.m. For the Good of the Order
9:30 a.m. Adjourn

ENVIR
Natural Resources Task Force as of July 1st, 2010 Page 1
Sylvia T. Allen Denny R. Altes

Legislative Member Legislative Member
Senator Senator
Arizona Legislature Arkansas General Assembly
P.O.Box 952 500 Woodlane Avenue
Snowflake, AZ 85937-0952 Little Rock, AR 72201
Phone: (602) 926-5219 FAX: (602) 417-3223 Phone: (501) 682-6107 FAX: (501) 682-2917
John F. Anders Eric Anderson

Alternate Legislative Member
Representative Representative
Louisiana Legislature Idaho Legislature
200 Advocate Row 33 Match Bay Rd.
Suite D Priest River, ID 83856-5049
Vidalia, LA 71373 Phone: (208) 332-1000 FAX: (208) 443-1201
Phone: (225) 342-6945
Richard D. Arnold Vernon D. Asbill

Representative Senator
Iowa Legislature New Mexico Legislature
26875 407th St. 1502 Mountain Shadow
Russell, IA 50238 Carlsbad, NM 88220
AMERICA Phone: (505) 986-4393 FAX: (505) 885-0529
Phone: (515) 281-3221 FAX: (515) 281-6958
Daren Bakst Paul C. Bandy

Private Sector Member (M1) Legislative Member
Legal & Regulatory Policy Analyst New Mexico Legislature
John Locke Foundation 388 County Road 2900
200 West Morgan Street Aztec, NM 87410
Suite 200 Phone: (505) 986-4214 FAX: (505) 986-4610
Raleigh, NC 27601-1338
Phone: (919) 828-3876 FAX: (919) 821-5117
Roger Edward Barrus Joseph L. Bast

Legislative Member Private Sector Member (Info)
Utah Legislature President
322 East 500 North Heartland Institute
Centerville, UT 84014 19 South LaSalle Street
Phone: (801) 538-1029 FAX: (801) 296-2713 Suite 903
Chicago, IL 60603-1401
Phone: (312) 377-4000 FAX: (312) 377-5000
Eli D. Bebout Wesley R. Belter

Wyoming Legislature Representative
Box 112 North Dakota Legislature
Riverton, WY 82501 819 Birdie Ct.
Phone: (307) 777-7711 FAX: (307) 777-5466 Mapleton, ND 58059
Phone: (701) 328-2916 FAX: (701) 328-1997
ENVIR
Roger Bernstein Brian Bingman

Vice President, State Affairs Senator
American Chemistry Council, Inc. Oklahoma Legislature
1300 Wilson Boulevard 2300 North Lincoln Boulevard
Suite 800 Room 424 2300
Arlington, VA 22209-2307 Oklahoma City, OK 73105
Walter R. Bivins Curtis Blackwood

Missouri Legislature North Carolina General Assembly
9 Idecker Court 4620 Homestead Place
Saint Louis, MO 63129-1766 Matthews, NC 28104
Robert M. Blue Kevin Boardman

Private Sector Member (M2) Private Sector Member (M1)
Managing Director, State Affairs PacifiCorp
Dominion 201 South Main Street, Suite 2300
701 East Cary Street Salt Lake City, UT 84111
Richmond, VA 23219 Phone: (801) 220-6818 FAX: (801) 725-3569 cell
Phone: (804) 771-4517 FAX: (804) 771-3643
Brian C. Bosma Sterling Burnett

Legislative Member Advisor
Indiana Legislature Environmental Policy Analyst
200 West Washington Street National Center for Policy Analysis
Room 3-6 12770 Coit Road
Indianapolis, IN 46204 Suite 800
Phone: (317) 232-9604 FAX: (317) 232-7644 Dallas, TX 75251
Phone: (972)386-6272 FAX: (972) 386-0924
Bill A. Callegari Chad Calvert

Legislative Member Private Sector Member (M2)
Representative Director, Rockies Government and Public Affairs
Texas Legislature BP
1550 Foxlake, Suite 120 1660 Lincoln Street
Houston, TX 77084 Ste. 2900
Phone: (512) 463-0528 FAX: (512) 463-7820 Denver, CO 80264
Phone: (303) 830-3254
Mike Cantrell Jeff Case

Director, Gov't Affairs Senior Director, Government Affairs
Continental Resources, Inc. CropLife America
PO Box 582 1156 15th Street, NW
Ada, OK 74820 Suite 400
Phone: (405) 206-4444 Washington, DC 20005
Phone: (202) 872-3841 FAX: (202) 463-0474
ENVIR
Pat Childers Warren Chisum

Representative Texas Legislature
Wyoming Legislature PO Box 2061
26 Equine Drive Pampa, TX 79066
Cody, WY 82414-9646 Phone: (512) 463-0736 FAX: (512) 463-0211
FAX: (307) 777-5466
Joseph Cleary Alan Cobb

Director, State Government Affairs National Director of State Operations
Bayer HealthCare Americans for Prosperity
61 Hannah Niles Way 2111 Wilson Blvd.
Braintree, MA 02184 Suite 350
Phone: (781) 356-0164 FAX: (781) 356-0165 Arlington, VA 22201
Phone: (785) 354-4237
Richard F. Colburn Lee Constantine

Maryland Legislature Florida Legislature
11 Bladen Street 378 Centerpointe Circle
315 James Senate Bldg Suite 1268
Annapolis, MD 21401 Altamonte Springs, FL 32701
Marian D. Cooksey Brandon Creighton

Legislative Member Alternate
Oklahoma Legislature Texas Legislature
1105 Columbia Court P.O. Box 2910
Edmund, OK 73005-6149 Austin, TX 78768
Betty R. De Boef Dave Deyoe

Alternate Alternate
Representative Iowa Legislature
Iowa Legislature 1007 East Grand Avenue
State Capitol Des Moines, IA 50319
Des Moines, IA 50319 Phone: (515) 281-3221 FAX: (515) 281-6958
FAX: (515)281-8758
Merton L. Dierks Henry Dixon

Alternate Private Sector Member (M1)
Senator Shell Oil Company
Nebraska Unicameral Legislature 1050 K Street, NW
RR1, Box 131 Suite 700
Ewing, NE 68735 Washington, DC 20001
Nick Dranias Jeffrey D. Duncan

Goldwater Institute Representative
500 East Coronado Road South Carolina Legislature
Phoenix, AZ 85004 P.O. Box 721
Phone: (602) 462-5000 FAX: (602) 256-7045 Clinton, SC 29325
Phone: (803) 734-2974 FAX: (803) 734-2925
ENVIR
Mark Dunn Laurence W. Ehrhardt

Vice President, Government Affairs Rhode Island Legislature
J.R. Simplot Company 82 Smith Street
999 Main Street, Ste. 1300 Providence, RI 02903
P.O. Box 27 Phone: (401) 222-2259 FAX: (401) 222-6142
Boise, ID 83707-0027
Phone: (208)389-7377 FAX: (208)389-7433
Jim Ellington D. Page Elmore

Representative Delegate
Mississippi Legislature Maryland Legislature
7020 Jackson-Raymond Rd. Lowe House Office Building, Room 216
Raymond, MS 39154 84 College Avenue
Phone: (601) 359-2431 FAX: (601)359-3728 Annapolis, MD 21401
Phone: (410) 841-3433 FAX: (410) 841-3463
Terry L. England John M. Faber

Georgia General Assembly Representative
1060 Old Hog Mountain Road Kansas Legislature
Auburn, GA 30011 HC 2, Box 130
Phone: (404) 656-0183 FAX: (404) 651-8086 Brewster, KS 67732
Phone: (785) 296-7500 FAX: (785) 368-6365
Walter S. Felag, Jr. Barney J. Fisher

Rhode Island Legislature Missouri Legislature
318 State House 201 West Capitol Avenue
Providence, RI 02903 Jefferson City, MO 65101
Phone: (401) 276-5530 Phone: (573) 751-5388 FAX: (573) 522-2443
Paul W. Fogarty Clay Ford

Rhode Island Legislature Representative
316 State House Florida Legislature
Providence, RI 02903 1804 West Garden Street
Phone: (401) 276-5589 Pensacola, FL 32502
Phone: (850) 488-0895 FAX: (850) 410-0129
Tim Freeman Roy D. Fund

Oregon Legislature Kansas Legislature
900 Court Street Docking Bldg.
Room H371 Topeka, KS 66612
Salem, OR 97301 Phone: (785) 296-7671
Phone: (503) 986-1402 FAX: (503) 986-1949
Brent Gale Juan M. Garcia

Senior Vice President Chevron Corporation
PacifiCorp 145 S. State College Boulevard
825 East Multnomah Suite 400
LCT 2000 Brea, CA 92822-2292
Portland, OR 97232 Phone: (714) 671-3457 FAX: (714) 671-3458
Phone: (307) 577-6901 FAX: (307) 577-6906
ENVIR
Donna Gehlhaart Leonard Gilroy

Private Sector Member (M1) Advisor
Senior Government Relations Manager Director of Government Reform
International Paper Reason Foundation
1101 Pennsylvania Avenue, NW 15968 E. Lost Hills Drive, Fountain Hill
Suite 200 Fountain Hills, AZ 85268
Phone: (202) 628-1309 FAX: (202) 628-1368
R. Kinnan Golemon Thomas Arlin Gollott

Advisor Alternate
Brown McCarroll, LLP State Senator
111 Congress Ave. Suite 1400 Mississippi Legislature
Austin, TX 78701-4050 PO Box 1018
Phone: (512) 479-9707 FAX: (512) 479-1101 Room 408
Jackson, MS 39215
Phone: (601) 359-2220 FAX: (601) 359-2889
Santana Gonzalez, Jr. Bruce W. Goodwin

Public Affairs Manager Representative
Chevron Corporation Ohio Legislature
4800 Fournace Place 77 South High Street
BOB/W118B 10th Floor
Bellaire, TX 77401 Columbus, OH 43215
AMERICA Phone: (614) 644-5091 FAX: (614) 719-3974
Phone: (713) 432-3883
William J. Gray Robert Greco, III

Alternate Private Sector Member (Info)
New Mexico Legislature Director, Global Climate Programs
1503 West Dallas Avenue American Petroleum Institute
Artesia, NM 88210 1220 L Street, NW
Phone: (505) 986-4211 FAX: (505) 986-4610 Washington, DC 20005-4070
Phone: (202) 682-8000
Molly Greene John E. Griesheimer

Sr. Gov't Relations Rep. Senator
Salt River Project Missouri Legislature
PAB211 201 West Capitol Avenue
P.O. Box 52025 Jefferson City, MO 65101
Phoenix, AZ 85072-2025 Phone: (573) 751-3678 FAX: (573) 526-2609
Phone: (602) 236-5263 FAX: (602) 236-5950
Chris Gullott Hugo Gutierrez

Director, State and Federal Government Affairs Government Affairs
Bridgestone Americas Holding, Inc. Marathon Oil Company
607 14th St. NW 5555 San Felipe Road
Suite 500 Houston, TX 77056
Washington, DC 20005 Phone: (713) 296-4145
Phone: (202) 354-8220 FAX: (202) 354-8221
ENVIR
Jimmie C. Hall Harold Hamm

Representative Chairman and CEO
New Mexico Legislature Continental Resources, Inc.
13008 Gray Hills Road, NE PO Box 1032
Albuquerque, NM 87111 Enid, OK 73702
Phone: (505) 986-4216 FAX: (505) 986-4610 Phone: (580) 233-8955
Rick Hardcastle Michael Harden

Representative State Representative
Texas Legislature 18 Capitol Square
1100 Congress Avenue Atlanta, GA 30334
Austin, TX 78701 Phone: (404) 656-0305 FAX: (404) 656-8086
Phone: (512) 463-0526 FAX: (512) 463-6003
Russel Harding Andrew P. Harris

Director of the Mackinac Center Property Rights State Senator
Network 11 Bladen Street
Mackinac Center for Public Policy Room 320, James Senate Office Building
P.O. Box 568 Annapolis, MD 21401
140 West Main Street Phone: (410) 841-3706 FAX: (410) 841-3750
Midland, MI 48640-0568
Phone: 989-631-0900 FAX: 989-631-0964
Ernie Harris Kathleen Hartnett White

Kentucky Legislature Director of the Center for Natural Resources
702 Capitol Avenue Texas Public Policy Foundation
Frankfort, KY 40601 900 Congress Avenue
Phone: (502) 564-8100 FAX: (502) 564-8317 Suite 400
Austin, TX 78701-2432
Phone: (512) 472-2700 FAX: (512) 472-2728
Joseph E. Harwood Brian Hatfield

Vice President, State Governmental Affairs Senator
Duke Energy Corporation Washington Legislature
422 South Church Street 239 John A. Cherberg Building
PB05D PO Box 40419
Charlotte, NC 28202-1904 Olympia, WA 98504
David B. Hawk Robert G. Helm

Tennessee Legislature Vermont Legislature
219 War Memorial Building 647 Route 4A East
Nashville, TN 37243 Fair Haven, VT 05743
ENVIR
Gordon R. Hendrick Charles B. Hoffman

Representative State Representative
Montana Legislature South Dakota Legislature
P.O.Box 200400 501 East Capitol Avenue
Helena, MT 59620 Pierre, SD 57501-5070
Roy Hollandsworth Dennis Hollingsworth

Representative California Legislature
Montana Legislature State Capitol
1301 East 6th Avenue Room 5064
P.O. Box 200400 Sacramento, CA 95814
Helena, MT 59620 Phone: (916) 651-4036 FAX: (916) 447-9008
Phone: (406) 444-4800 FAX: (406) 444-1865
Carl Dean Holmes Janea Holmquist

Kansas Legislature Washington Legislature
PO Box 2288 106B Irv Newhouse Building
Liberal, KS 67905 PO Box 40413
AMERICA Olympia, WA 98504
Phone: (785) 296-7670 Phone: (360) 786-7624 FAX: (360) 786-1999
Christopher Horner Michael D. Huebsch

Advisor Legislative Member
Competitive Enterprise Institute Representative
1899 L. St NW Wisconsin Legislature
12th Floor PO Box 8952
Washington, DC 20036 Madison, WI 53708
Phone: (202) 331-1010 FAX: 202-331-0640 Phone: (608) 266-0631 FAX: (608) 282-3694
Frank K. Hurd Scott E. Hutchinson

Vice President & COO Representative
The Carpet and Rug Institute Pennsylvania Legislature
P.O. Box 2048 152 Main Capitol Bldg.
Dalton, GA 30722-2048 House Box 202064
Phone: (706) 278-3176 FAX: (706) 278-8835 Harrisburg, PA 17120-2064
Phone: (717) 783-8188 FAX: (717) 705-1945
Cindy Hyde-Smith James M. Inhofe

Legislative Member Advisor
Senator Senator
Mississippi Legislature United States Senate
400 Cattle Trail, N.W. SR-453 RSOB
Brookhaven, MS 39601-8635 Washington, DC 20510-3603
ENVIR
Holly M. Jackson Beth Jensen

Private Sector Member (Info) Private Sector Member (M1)
Director of External Relations Manager, Government Relations
State Policy Network TransCanada
2020 North 14th St. 13710 FNB Parkway
Suite 250 Omaha, NE 68154
Arlington, VA 22201 Phone: 402.492.3400 FAX: 402.492.7491
Phone: (703) 740-0310 FAX: (703) 740-0314
Tom L. Jensen Bruce Johnson

Kentucky Legislature Director, Government Affairs Ohio
303 South Main ST BP
London, KY 40741 88 East Broad Street
Phone: (502) 564-8100 FAX: (502) 564-6543 Suite 2000
Columbus, OH 43215
Phone: 614-227-5805 FAX: 614-408-8601
Russell Jones Kris Jordan

Private Sector Member (Info) Legislative Member
American Petroleum Institute State Representative
1220 L Street, NW Ohio Legislature
Washington, DC 20005 77 South High Street
14th Floor
Columbus, OH 43215-6111
Phone: (614) 644-6711 FAX: (614) 719-0002
Ron G. Justice Tammy N. Kelch

Senator Manager, Legislative Outreach
Oklahoma Legislature National Rural Electric Cooperative Association
2300 North Lincoln Boulevard 4301 Wilson Boulevard
Oklahoma City, OK 73105 Arlington, VA 22203
Bill Ketron Timothy J. Kichline

Senator Manager, State/Local Government Affairs
Tennessee Legislature Edison Electric Institute
805 South Church Street 701 Pennsylvania Avenue, N.W.
Suite 12 Washington, DC 20004-2696
Murfreesboro, TN 37130 Phone: (202) 508-5466 FAX: (202) 508-5403
Phone: (615) 741-6853 FAX: (615) 741-7200
Ric Killian Bryan B. King

North Carolina General Assembly Arkansas General Assembly
16703 Ansley Walk Lane 871 County Road 814
Charlotte, NC 28277 Green Forest, AR 72638
ENVIR
Tracy O. King Mike Kopp

Texas Legislature Senator
1100 Congress Avenue Colorado Legislature
Austin, TX 78701 200 East Colfax Avenue
Phone: (512) 463-0194 FAX: (512) 463-1220 Denver, CO 80203
Phone: (303) 866-2638 FAX: (303) 866-4543
Michael S. Lamoureux Chris Langemeier

Senator Nebraska Unicameral Legislature
Arkansas General Assembly 1445 K Street
208 Craigwood Circle Lincoln, NE 68509
Russellville, AR 72801 Phone: (402) 471-2719 FAX: (402) 479-0923
Phone: (479) 968-7300 FAX: 501-682-2917
Grant C. Larson Perry Lee

Senator Senator
Wyoming Legislature Mississippi Legislature
PO Box 3490 108 Tiger Drive
Jackson, WY 83001 Mendenhall, MS 39114
Marlo Lewis Rebecca D. Lockhart

Senior Fellow Utah Legislature
Competitive Enterprise Institute 1754 Nevada Avenue
1899 L Street, NW, 12th Floor Provo, UT 84606-6447
Washington, DC 20036 Phone: (801) 538-1029 FAX: (801) 326-1544
Phone: (202) 331-1010 FAX: (202) 331-0640
Thomas A. Lockhart Dwight A. Loftis

State Representative South Carolina Legislature
Wyoming Legislature 1105 Pendleton Street
770 East 12th Street Columbia, SC 29201
Casper, WY 82601 Phone: (803) 734-3101 FAX: (803) 734-2925
Phone: (307) 777-7852 FAX: (307) 777-5466
LeRoy J. Louden Francis T. Maher, Jr.

Nebraska Unicameral Legislature State Senator
P.O. Box 25 Rhode Island Legislature
Ellsworth, NE 69340 317 State House
Phone: (402) 471-2725 FAX: (402) 479-0949 Providence, RI 02903
Phone: (401) 222-2708 FAX: (401) 222-1206
Laura Marshall Schepis Jeanelle McCain

Principal, Legislative Affairs Director - SC Public Affairs
National Rural Electric Cooperative Association Progress Energy
4301 Wilson Boulevard 1201 Main Street
Arlington, VA 22203 Suite 1850
Phone: (703) 907-5829 FAX: (703) 907-6826 Columbia, SC 29201
Phone: (803) 252-6830 FAX: (803) 252-6269
ENVIR
Richard W. McClain Joe McCord

Indiana Legislature Representative
200 West Washington Street Tennessee Legislature
Indianapolis, IN 46204 7th Avenue North
Phone: (317) 232-9600 FAX: (317) 232-9792 Nashville, TN 37243
Phone: (615) 741-5481 FAX: (615) 253-0220
Ryan T. McDougle Michael McGarey

State Senator Director, State Outreach
Virginia General Assembly Nuclear Energy Institute
Post Office Box 187 1776 Eye Street, NW
Mechanicsville, VA 23111-0187 Suite 400
Phone: (804) 698-7504 FAX: (804) 698-7943 Washington, DC 20006
Phone: (202) 739-8118 FAX: 202-533-0178
Lesil L. McGuire Betsy McKinney

Senator Representative
Alaska Legislature New Hampshire Legislature
716 West 4th Avenue 107 North Main Street
Suite 430 Concord, NH 03301
Anchorage, AK 99501 Phone: (603) 271-3125 FAX: (603) 271-3309
Phone: (907) 465-2995 FAX: (907) 465-6592
Michael A. McLachlan James L. McNeil

Senator Vermont Legislature
Connecticut General Assembly 137 Ruth Avenue
PO Box 4665 Rutland Town, VT 05701
Hartford, CT 06106 Phone: (802) 828-2247 FAX: (802) 773-9165
Phone: (860) 240-0068 FAX: (860) 240-8306
Jennifer L. Mendez Ray Merrick

Private Sector Member (M1) Alternate
Director, Government Relations House Majority Leader
The Carpet and Rug Institute Kansas Legislature
1530 Wilson Boulevard State Capitol
Suite 690 Room 384-W
Arlington, VA 22209 Topeka, KS 66612
Carol Miller Lawrence G. Miller

State Representative Representative
West Virginia Legislature Connecticut General Assembly
1316 12th Street 60 Peace Acre Lane
Huntington, WV 25701 Stratford, CT 06497
Phone: (304) 340-3176 Phone: (860) 240-8700 FAX: (860) 240-0207
ENVIR
Craig Mischo Tommy O. Moffatt

Sr. Regional Manager, SGA Senator
Bayer HealthCare Mississippi Legislature
1725 Spinaker Drive PO Box 1018
Saint Paul, MN 55125 Room 405-C
Phone: (651) 714-0316 FAX: (651) 714-0317 Jackson, MS 39215
Phone: (601) 359-3232 FAX: (601) 359-2166
Robert S. Moore Thomas L. Moskitis

Legislative Member Co-Chair
State Representative Managing Director, External Affairs
Arkansas General Assembly American Gas Association
500 Woodlane Avenue 400 North Capitol Street, NW
Little Rock, AR 72201-1089 Washington, DC 20001
Carolyn Moss Andrew Moylan

Managing Director, Mid Atlantic State & Local Affairs Director of Government Affairs
Dominion Resources Services Inc. National Taxpayers Union
101 Elden Street 108 N. Alfred Street
Herndon, VA 20170 Alexandria, VA 22314
Phone: (703) 375-5960 FAX: (703) 375-5915 Phone: 703-683-5700 FAX: 703-683-5722
Kevin Murphy Todd Myers

U.S. Government Relations Manager Director of Environmental Policy
ExxonMobil Corporation Washington Policy Center
5959 Las Colinas Blvd. PO Box 3643
Irving, TX 75039 Seattle, WA 98124-3643
Phone: (972) 444-1117 Phone: (206) 963-3409 FAX: (206) 624-8038
Victor A. Needham, III Frank S. Niceley

Private Sector Member (Info) Legislative Member
Kentucky Government Affairs Representative
Duke Energy Corporation Tennessee Legislature
139 E. 4th Street 7th Avenue North
Mailstop 2803 AT II Nashville, TN 37243
Cincinnati, OH 45201 Phone: (615) 741-4419 FAX: (615) 253-0347
Phone: (513) 287-2609 FAX: (513) 287-2513
Tom Niehaus A. Allan Noe

Ohio Legislature Principal
1131 Little Indian Creek Road Noe & Associates
New Richmond, OH 45157 Phone: (202) 744-1986
Phone: (614) 466-8082 FAX: (614) 466-8261
Kristi Noem Darrell D. Nottestad

South Dakota Legislature Representative
501 East Capitol Avenue North Dakota Legislature
Pierre, SD 57501 2110 Westward Drive
Phone: (605) 881-2526 FAX: (605) 773-6806 Grand Forks, ND 58201
Phone: (701) 328-3373 FAX: (701) 328-1997
ENVIR
Ralph Okerlund Betty Olson

State Senator Representative
Utah Legislature South Dakota Legislature
State Capitol 11919 SD Highway 79
Salt Lake City, UT 84114 Prairie City, SD 57649
Steven N. Olson Ralph Ostmeyer

Iowa Legislature Senator
2731 221st St. Kansas Legislature
De Witt, IA 52742-9123 Box 97
Phone: (515) 281-3221 FAX: (515) 281-6958 Grinnell, KS 67738
Phone: (785) 296-7399 FAX: (785) 296-1153
Stephen Palmer Ruth Ann Palumbo

New Hampshire Legislature Kentucky Legislature
107 North Main Street 10 Deepwood Drive
Concord, NH 03301 Lexington, KY 40505-2106
Phone: (603) 271-3125 Phone: (502)564-8100 FAX: (502) 564-1010
Patricia Pariseau Gregory G. Pauley

Senator Director of Public Policy
Minnesota Legislature American Electric Power Company Inc.
State Capitol 1 Riverside Plaza
Saint Paul, MN 55155 Columbus, OH 43215
Phone: 614-716-2345 FAX: 614-716-2372
William H. Payne Joey Pendleton

New Mexico Legislature Kentucky Legislature
Box 14823 702 Capitol Avenue
Albuquerque, NM 87191 Room 254
Phone: (505) 986-4276 FAX: (505) 986-4280 Frankfort, KY 40601
Phone: (502) 564-2470 FAX: (502) 564-6543
Brandon W. Phelps Steve Pierce

Illinois Legislature Arizona Legislature
2 North Vine 1700 West Washington Street
5th Floor Room 304
Harrisburg, IL 62946 Phoenix, AZ 85007
John E. Piscopo Larry R. Powell

Connecticut General Assembly Kansas Legislature
300 Capitol Avenue 300 SW 10th Avenue
Room 4085 Room 142-W
Hartford, CT 06106 Topeka, KS 66612
ENVIR
Lee T. Randall Leonidas P. Raptakis

Montana Legislature Senator
101 Randall Lane Rhode Island Legislature
Broadus, MT 39317 212 State House
Phone: (406) 444-4800 FAX: (406) 444-1865 Providence, RI 02903
Phone: (401) 276-5567
Phillip Richardson Dorsey Ridley

Representative Kentucky Legislature
Oklahoma Legislature 4030 Hidden Creek Drive
State Capitol Henderson, KY 42420
2300 North Lincoln Blvd, Rm 438 Phone: (502) 564-8100 FAX: (502) 564-6543
Oklahoma City, OK 73105
Phone: (405) 557-7401 FAX: (405) 962-7612
Beverly T. Rodeschin Carl W. Rogers

New Hampshire Legislature Representative
336 Sunapee St. Georgia General Assembly
Newport, NH 03773 State Capitol
Phone: (603) 271-3165 FAX: (603) 271-3309 Room 245
Atlanta, GA 30334
Phone: (404) 463-2247 FAX: (404) 463-2249
Ruth C. Samuelson Howard Sanderford

North Carolina General Assembly Alabama Legislature
300 North Salisbury Street 908 Tannahill Drive, SE
Room 418-B P.O. Box 16023
Raleigh, NC 27603 Huntsville, AL 35802
Mike Sanders Bill Sandifer

Oklahoma Legislature South Carolina Legislature
2300 North Lincoln Boulevard 112 Cardinal Drive
Room 536 Seneca, SC 29672
Oklahoma City, OK 73105 Phone: (803) 734-3015 FAX: (864) 734-3150
Phone: (405) 557-7407 FAX: (405) 557-7351
Michael Sanera Ronald F. Scheberle

Private Sector Member (M1) Staff
Research Director and Local Ph.D. PEB Chairman Emeritus
State Policy Network 2601 Brookside Drive
C/o John Lock Foundation Irving, TX 75063
200 West Monroe Street Phone: (214) 557-6769 FAX: (972) 869-2258
Raleigh, NC 26701
Phone: (919) 828-3876 FAX: (919) 821-5117
ENVIR
Joe Schmick Shane Schoeller

State Representative Representative
Washington Legislature Missouri Legislature
504 Sid Snyder Avenue, SW 201 West Capitol Avenue
419 O'Brien Bldg. Room 201-BA
Olympia, WA 98504 Jefferson City, MO 65101
Kel Seliger Richard Shelby

Senator American Gas Association
Texas Legislature 400 N. Capitol Street, NW
1100 Congress Avenue Suite 450
Room E1.608 Washington, DC 20001
Austin, TX 78701 Phone: 202-824-7210 FAX: (202) 824-7115
Phone: (512) 463-0131 FAX: (512) 475-3733
Tanya Thornton Shewell Jonathan Shore

Maryland Legislature Manager, External Moblization
1190 Long Valley Road American Petroleum Institute
Westminster, MD 21158 1220 L Street, NW
Phone: (410) 841-3371 FAX: (410) 841-3315 Washington, DC 20005-4070
Phone: (202) 682-8116 FAX: (202) 682-8049
Martin L. Shultz Geoff Simon

Co-Chair Private Sector Member (M1)
Vice President, Government Affairs Director, State Government Affairs
Pinnacle West Capital Corp. MDU Resources Group, Inc.
P.O. Box 53999 P.O. Box 5650
MS 9020 Bismarck, ND 58506-5650
Phoenix, AZ 85072-3999 Phone: (701) 530-1086
Phone: (602) 250-2866 FAX: (602) 250-3902
Douglas M. Smith Lynn R. Smith

Senator Georgia General Assembly
Maine Legislature 206 Washington Street
PO Box 460 Room 228-A
Dover-Foxcroft, ME 04426 Atlanta, GA 30334
Russell Smoldon V. Susan Sosnowski

Private Sector Member (M1) Alternate
Manager State Government Relations State Senator
Salt River Project Rhode Island Legislature
PO Box 52025, PAB211 311 State House
Phoenix, AZ 85072-2025 Providence, RI 02903-1105
Phone: (602) 236-2834 FAX: (602) 236-5950
ENVIR
Richard A. Sossi Scott Spendlove

Maryland Legislature CO
6 Bladen Street
Room 215
Annapolis, MD 21401
Phone: (410) 841-3543 FAX: (410) 841-3098
John C. Stephenson John A. Stevenson

State Gov't Affairs Manager Idaho Legislature
National Taxpayers Union 1099 North 400 West
108 N. Alfred Street Rupert, ID 83350
Alexandria, VA 22314 Phone: (208) 334-2475 FAX: (208) 334-5397
Phone: 703-683-5700
Judy Stokey Jerry Taylor

Private Sector Member (M1) Advisor
Director, Government Affairs Director, Nat'l Resource Studies
NV Energy, Inc. Cato Institute
P.O. Box 98910 1000 Massachusetts Avenue, NW
Las Vegas, NV 89151-0001 Washington, DC 20001-5400
Phone: (702) 402-5646 FAX: (702) 579-0608 Phone: (202)789-5240 FAX: (202)842-3490
Matt Teeters Francis C. Thompson

Wyoming Legislature Senator
200 West 24th Street Louisiana Legislature
Cheyenne, WY 82002 PO Box 68
Phone: (307) 777-7852 FAX: (307) 777-5466 Delhi, LA 71232
Phone: (225) 342-2040 FAX: (225) 342-0617
Michael R. Thompson Ross Tolleson

Oklahoma Legislature Georgia General Assembly
10504 Mantle Drive 206 Washington Street
Oklahoma City, OK 73162 Room 121-C
Atlanta, GA 30334
Phone: (404) 656-0081 FAX: (404) 651-6767
Gerald P. Uglem Karl Van Roy

North Dakota Legislature Wisconsin Legislature
4510 First Avenue, NE 805 Riverview Drive
Northwood, ND 58267 Green Bay, WI 54303
Kim L. Vanneman Don Vigesaa

South Dakota Legislature Representative
501 East Capitol Avenue North Dakota Legislature
Pierre, SD 57501 PO Box 763
Phone: (605) 773-3251 FAX: (605) 773-6806 Cooperstown, ND 58425
ENVIR
Frank W. Wagner Wendy Warburton

Senator Representative
Virginia General Assembly Montana Legislature
P.O. Box 68008 1644 Gold Rush Ave.
Virginia Beach, VA 23471-8008 Helena, MT 59601
Lee Ware, Jr. Ralph C. Watts

Delegate Representative
Virginia General Assembly Iowa Legislature
P.O. Box 689 1007 East Grand Avenue
Powhatan, VA 23139-0689 Des Moines, IA 50319
Phone: (804) 698-1011 FAX: (804) 698-6711 AMERICA
Phone: (515) 281-3221 FAX: (515) 281-6958
Greg Williams Jack Williams

Director of Intergovernmental Affairs Alabama Legislature
U.S. Department of Energy 11 South Union Street
1000 Independence Avenue, SW Room 536-D
Washington, DC 20585 Montgomery, AL 36130
David F. Winters David A. Wolkins

Legislative Member Task Force Chair
Illinois Legislature Indiana Legislature
3444 N. Main Street 501 Pierceton Road
Rockford, IL 61103 Winona Lake, IN 46590
Phone: (317) 232-9600 FAX: (317) 232-7644
Clint Woods Josh Young

Staff Private Sector Member (M2)
Director, Natural Resources Task Force State Affairs & Grassroots
ALEC American Chemistry Council, Inc.
1101 Vermont Ave. 1300 Wilson Boulevard
11th Floor Suite 800
Washington, DC 20005 Arlington, VA 22209
Phone: (202) 466-3800 FAX: (202) 466-3801 Phone: 703-741-5000 FAX: (703) 253-0701
Henry B. Zuber, III

Alternate
State Representative
Mississippi Legislature
PO Box 1018
Room 119
Jackson, MS 39215
Phone: (601) 576-2508 FAX: (601) 359-3728
Total Records: 203

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1. 


2. 
3. 


4. 



5. 


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
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



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
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 



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3/26/10
TASK FORCE OPERATING PROCEDURES
I. MISSION OF TASK FORCES
Assume the primary responsibility for identifying critical issues, developing ALEC
policy, and sponsoring educational activities which advance the Jeffersonian principles of
free markets, limited government, federalism, and individual liberty. The mission will be
accomplished through a non-partisan, public and private partnership between ALEC’s
legislative and private sector members in the specific subject areas assigned to the Task
Force by the Board of Directors.
II. TASK FORCE RESPONSIBILITIES
A. Task Forces have the primary responsibility for identifying critical issues and
developing ALEC’s official policy statements and model legislation appropriate
to the specific subject areas of the Task Force.
B. Task Forces serve as forums for an exchange of ideas and sharing of experiences
between ALEC’s state legislator and private sector members.
C. Task Forces are responsible for developing and sponsoring the following
educational activities appropriate to the specific subject area of the Task Force:
x publications that express policy positions, including, but not limited to State
Factors and Action Alerts;
x educational communication and correspondence campaigns;
x issue specific briefings, press conferences and press campaigns;
x witness testimony and the activities of policy response teams;
x workshops at ALEC’s conferences; and
x specific focus events.
D. The Executive Director is to Task Forces are responsible for developing an annual
budgets, which shall include expenses associated with Task Force meetings and
educational activities. A funding mechanism to finance all meetings and
educational activities proposed by Task Forces must be available before they can
be undertaken.
Revised May 2009 Page 1 of 12
III. GENERAL PROCEDURES
A. Requests from ALEC members for policy statements, model legislation and
educational activities shall be directed by the Executive Director to the
appropriate Task Force, or the Board of Directors if the issue does not fall within
the jurisdiction of any Task Force. The appropriate Public and Private Sector
Task Force Co-Chairs determine the agenda for each Task Force meeting, and the
meetings will be called and conducted in accordance with these Operating
Procedures.
The Director of Policy with the consent of the Executive Director assigns a model
bill or resolution to the most appropriate Task Force based on Task Force content
and prior jurisdictional history 35 days before a Task Force Meeting. All Task
Force Co-Chairs will be provided an email or fax summary of all model bills and
resolutions 35 days before the Task Force meeting
If both the Co-Chairs of a Task Force are in agreement that they should have
jurisdiction on model legislation or a resolution, the legislation or resolution will
be considered by the Task Force. If the other Task Force Co-Chairs believe they
should have jurisdiction or if the author of the model bill or resolution does not
agree on the jurisdictional assignment of the bill, they will have 10 days after the
35-day mailer deadline to submit in writing or by electronic appeal to the Director
of Policy their intent to challenge the jurisdiction assignment. The Director of
Policy will notify the Executive Director who will in turn notify the National
Chair and the Private Enterprise Board Chair. The National Chair and the Private
Enterprise Board Chair will in turn refer the matter in question to the Board of
Directors Task Force Board Committee. The Director of Policy will establish a
conference call for the Task Force Board Committee co- chairs, the author, the
affected Task Force Co-Chairs and the Director of Policy at a time convenient for
all participants.
The Task Force Board Committee Co-Chairs shall listen to the jurisdictional
dispute by phone or in person within 10 days of the request. If both Task Force
Board Committee Co-Chairs are in agreement that the Director of Policy made an
incorrect jurisdictional referral, only then will the model bill or resolution be
reassigned to a committee as they specify once agreed upon by the National Chair
and the Private Enterprise Board Chair. The bill or model resolution is still
eligible to be heard in whatever Task Force it is deemed to be assigned to as if
submitted to the correct Task Force for the 35-day mailer. The National Chair and
the Private Enterprise Board Chair decision is final on this model bill or
resolution.
Joint referral of model legislation and/or resolutions are allowed if all the affected
Task Force Co-Chairs agree. All model legislation and resolutions that have been
referred to, more than one Task Force must pass the identical language in both
Task Forces within two consecutive Task Force meetings. It is at the Task Force
Co-Chairs discretion how they will handle the hearings of the model legislation or
resolution. Both sets of co-chairs have the ability to call a working group,
subcommittee, or simply meet consecutively or concurrently if necessary.
If the Task Force co-chairs both agree to waive jurisdiction, they may do so as
long as another Task Force still has jurisdiction.
The National Chair and the Private Sector Board Chair will rely upon the Task
Force Board Committee Co-Chairs for advice and recommendations on model
legislation or resolutions when no jurisdiction in any of the existing Task Forces
in operation can be found. The Task Force Board Committee Co-Chairs will
work with the Executive Director and the Director of Policy to identify public and
private sector Task Force members (not alternates) from the existing Task Forces
should their expertise be of assistance to the Task Force Board Committee in
reaching a determination and recommendation for approval by the National Chair
and the Private Enterprise Board Chair.
B. The National Chair and the Private Sector Board Chair will rely upon the Task
C. The Board of Directors shall have ultimate authority over Task Force procedures
and actions including the authority to create, to merge or to disband Task Forces
and to review Task Force actions in accordance with these Operating Procedures.
Nothing in these Operating Procedures prohibits the Board of Directors from
developing ALEC policy; however, such a practice should be utilized only in
exceptional circumstances. Before the policy is adopted by the Board of
Directors, it should be sent to the Public and Private Sector Task Force Co-Chairs
under whose jurisdiction the matter falls for review and comment back to the
Board of Directors.
D. The operating cycle of a Task Force is two years. A new operating cycle begins
on January 1 of each odd numbered year and ends on December 31 of the
following even numbered year. Task Force activities shall be planned and
budgeted on an annual basis within each two-year operating cycle.
E. At the ALEC Annual Meeting, each Task Force will be responsible for
determining an operating budget for the succeeding calendar year. The Executive
Director will notify the Task Force Co-Chairs, at the ALEC Annual Meeting,
what inflation factor will be used by the Task Force to determine the operating
and programming budgets. Task Force membership and budget information will
be reported to the Executive Director by the Public and Private Sector Task Force
Co-Chairs. The Executive Director will present this information to the Board of
Directors at its regular fall meeting.
F. If a Task Force is unable to develop an operating budget, the Board of Directors

will determine whether to continue the operations of the Task Force. This
determination will be made according to: (1) the level of membership on the Task
Force, and (2) the need for continued services developed by the Task Force for
ALEC.
G. The Board of Directors shall have the authority to allocate limited general support
funds to finance the annual operating budget of Task Forces that meet the
requirements prescribed in Section III (E). The Executive Director shall
determine, and report to the Board of Directors, the amount of general support
funds available to underwrite such Task Forces.
IV. MEMBERSHIP AND MEMBER RESPONSIBILITIES
A. The membership of a Task Force consists of legislators who are members in good
standing of ALEC and are duly appointed to the Task Force, in accordance with
Section VI (A) and private sector organizations that are full members of ALEC,
contribute to the assessment for the Task Force operating budget, and are duly
appointed to the Task Force, in accordance with Section VI (B). Private sector
organizations that were full members of ALEC and contributed the assessment for
the Task Force’s operating budget in the previous year, can be appointed to the
Task Force for the current year, conditional upon renewal of full ALEC
membership and receipt of the current year’s assessment for the Task Force
operating budget prior to March 31st, unless an alternative date has been approved
by the Executive Director.
B. Each Task Force shall have least two Co-Chairs; a Public Sector Task Force Co-
Chair and a Private Sector Task Force Co-Chair. The Public Sector Task Force
Co-Chair must be a member of the Task Force and appointed in accordance with
Section VI (A). The Private Sector Co-Chair must represent a private sector
member of the Task Force and be appointed in accordance with Section VI(B).
The Co-Chairs shall be responsible for:
(1) calling the Task Force and the Executive Committee meetings to
order, setting the agenda and co-chairing such meetings;
(2) appointing and removing legislators and private sector members to
and from the Task Force Executive Committee and subcommittees;
(3) creating subcommittees, and determining each subcommittee’s
mission, membership limit, voting rules, deadlines, and term of
service; and
(4) selecting Task Force members to provide support for and against
Task Force policies during formal Board reviews.
C. Each Task Force shall have an Executive Committee appointed by the Public and
Private Sector Task Force Co-Chairs that is appropriate in number to carry out the
work product and strategic plan of ALEC and the Task Force. The Executive
Committee shall consist of the Public Sector Task Force Co-chair, the Private
Sector Task Force Co-Chair, the subcommittee co-chairs, and the remainder will
be an equal number of legislative and private sector Task Force members. The
Executive Committee will be responsible for determining the operating budget
and proposing plans, programs and budgets for the succeeding year in accordance
with (Section V (B); determining if a proposed educational activity conforms to a
previously approved model bill, resolution or policy statement in accordance with
(Section IX (F); and determining if an emergency situation exists that justifies
waiving or reducing appropriate time limits in accordance with (Section VIII (H)).
D. Each Task Force may have any number of subcommittees, consisting of Task
Force members and advisors to focus on specific areas and issues and make
policy recommendations to the Task Force. The Task Force Co-chairs, shall
create subcommittees and determine each subcommittee’s mission, membership
limit, voting rules, deadlines, and term of service. Any model bill, resolution or
policy statement approved by a subcommittee must be approved by the Task
Force before it can be considered official ALEC policy.
E. Each Task Force may have advisors, appointed in accordance with Section VI
(G). Advisors shall assist the members and staff of the Task Force. They shall be
identified as advisors on official Task Force rosters, included in all official Task
Force mailings and invited to all Task Force meetings. Advisors may also have
their expenses paid at Task Force meetings covered by the Task Force operating
budget with the approval of the Task Force Co-Chairs. An advisor cannot be
designated as the primary contact of a private sector Task Force member, cannot
be designated to represent a private sector Task Force member at a Task Force,
Executive Committee, or subcommittee meeting, and cannot offer or vote on any
motion at a Task Force, Executive Committee, or subcommittee meeting.
V. Task Force Budgets
A. Each Task Force shall develop and operate a yearly budget to fund meetings.
B. The operating budget shall be used primarily to cover expenses for Task Force
meetings, unless specific funds within the budget are authorized for other use by
the Task Force. The operating budget shall be assessed equally among the private
sector members of the Task Force. The Executive Director, in consultation with
the Task Force Co-Chairs shall determine which costs associated with each
meeting will be reimbursed from the operating budget. Any funds remaining in a

Task Force’s operating budget at the end of a year are transferred to ALEC’s
general membership account.
C. The operating budget shall not be used to cover Task Force meeting expenses
associated with alternate task force members’ participation, unless they are
appointed by their State Chair to attend the Spring Task Force Summit with the
purpose to serve in place of a Task Force Member who is unable to attend. Task
Force meeting expenses of alternate task force members shall be covered by their
state’s scholarship account.
D. The programming budget shall be used to cover costs associated with educational
activities. Contributions to the programming budget are separate, and in addition
to operating budget contributions and annual general support/membership
contributions to ALEC. The Executive Director shall determine the contribution
required for each educational activity.
VI. PROCESS FOR SELECTING TASK FORCE MEMBERS, CHAIRS, COMMITTEES

AND ADVISORS
A. Prior to February 1 of each odd-numbered year, the current and immediate past
National chairman will jointly select and appoint in writing three legislative
members and three alternates to the Task Force who will serve for the current
operating cycle, after receiving nominations from ALEC’s Public and Private
State Chairs, the Executive Director and the ALEC Public and Private Sector
members of the Board. At any time during the year, the National Chairman may
appoint in writing new legislator members to each Task Force, except that no
more than three legislators from each state may serve as members of any Task
Force, no legislator may serve on more than one Task Force and the appointment
cannot be made earlier than thirty days after the new member has been nominated.
In an effort to ensure the nonpartisan nature of each Task Force, it is
recommended that no more than two legislators of any one political party from
the same state be appointed to serve as members of any Task Force. A preference
will be given to those ALEC legislator members who serve on or chair the
respective Committee in their state legislature. A preference will be given to
legislators who sponsor ALEC Task Force model legislation in the state
legislature.
B. Prior to January 10 of each odd-numbered year, the current and immediate past
National Chairman will jointly select and appoint in writing the Task Force Chair
who will serve for the current operating cycle, after receiving nominations from
the Task Force. Nominations will be requested by the outgoing Task Force Chair
and may be placed in rank order prior to transmittal to the Executive Director no
later than December 1 of each even-numbered year. No more than five names
may be submitted in nomination by the outgoing Task Force chair. The current
and immediate past National Chairmen will jointly make the final selection, but
should give strong weight to the recommendations of the outgoing Task Force
Chair. In an effort to empower as many ALEC leaders as possible, State Chairs
and members of the Board of Directors will not be selected as Task Force Chairs.
Task Force Chairs shall serve for one operating cycle term. Where special
circumstances warrant, the current and immediate past National Chairmen may
reappoint a Task Force Chair to a second operating cycle term.
C. Prior to February 1 of each odd numbered year, the Public and Private Sector
Task Force Co-Chairs will select and appoint in writing the legislative and private
sector members of the Task Force Executive Committee, who will serve for the
current operating cycle. The Public and Private Sector Task Force Co-Chairs will
select and appoint in writing the legislative and private sector members and
advisors to any subcommittee.
D. Prior to February 1 of each year, the Private Enterprise Board Chair and the
immediate past Private Enterprise Board Chair will select and appoint in writing
the private sector members to the Task Force who will serve for the current year.
The appointment letter shall be mailed to the individual designated as the primary
contact for the private sector entity. At any time during the year, the Chair of the
Private Enterprise Board may appoint in writing new private sector members to
each Task Force, but no earlier than thirty days after the new member has
qualified for full membership in ALEC and contributed the assessment for the
appropriate Task Force’s operating budget.
E. Prior to January 10 of each odd-numbered year, the Chair of the Private

Enterprise Board and the immediate past Private Enterprise Board Chair will
select and appoint in writing the Task Force Private Sector Co-Chair who will
serve for the current operating cycle, after receiving nominations from the Task
Force. Nominations will be requested by the outgoing Task Force Private Sector
Chair and may be placed in rank order prior to transmittal to the Chair of the
Private Enterprise Board. The Chair and the immediate past Chair of the Private
Enterprise Board will make the final selection, but should give strong weight to
the recommendations of the outgoing Private Sector Task Force Co-Chair. In an
effort to empower as many ALEC private sector members as possible, Private
Enterprise State Chairs and members of the Private Enterprise Board will not be
selected as Private Sector Task Force Co-Chairs. Private Sector Task Force Co-
Chairs shall serve for one operating cycle term. Where special circumstances
warrant, the current and immediate past Chair of the Private Enterprise Board
may reappoint a Task Force Private Sector Chair to a second operating cycle term.
F. Prior to February 1 of each odd-numbered year, the Task Force Private Sector Co-
Chair will select and appoint in writing the private sector members of the Task
Force Executive Committee, who will serve for the current operating cycle. The
Task Force Private Sector Co-Chair shall select and appoint in writing the private
sector members of any subcommittees.

G. The Public and Private Sector Task Force Co-Chairs, may jointly appoint subject
matter experts to serve as advisors to the Task Force. The National Chair and the
Private Enterprise Board Chair may also jointly recommend to the Task Force Co-
Chairs subject matter experts to serve as advisors to the Task Force.
VII. REMOVAL AND VACANCIES
A. The National Chair may remove any Public Sector Task Force Co-Chair from his
position and any legislative member from a Task Force with or without cause.
Such action will not be taken except upon thirty days written notice to such Chair
or member whose removal is proposed. For purposes of this subsection, cause
may include failure to attend two consecutive Task Force meetings.
B. The Public Sector Task Force Co-Chair may remove any legislative member of an
Executive Committee or subcommittee from his position with or without cause.
Such action shall not be taken except upon thirty days written notice to such
member whose removal is proposed. For purposes of this subsection, cause may
include failure to attend two consecutive meetings.
C. The Chairman of the Private Enterprise Board may remove any Private Sector
Task Force Co-Chair from his position and any private sector member from a
Task Force with cause. Such action shall not be taken except upon thirty days
written notice to such Chair or member whose removal is proposed. For purposes
of this subsection, cause may include but is not limited to the non-payment of
ALEC General Membership dues and the Task Force dues. .
D. The Private Sector Task Force Co-Chair may remove any private sector member
of an Executive Committee or subcommittee from his position with cause. Such
action shall not be taken except upon thirty days written notice to such member
whose removal is proposed. For purposes of this subsection, cause may include
but is not limited to the non-payment of ALEC General Membership dues and the
Task Force dues.
E. The Public and Private Sector Task Force Co-Chairs may remove an advisor from
his position with or without cause. Such action shall not be taken except upon
thirty days written notice to such advisor whose removal is proposed.
F. Any member or advisor may resign from his position as Public Sector Task Force
Co-Chair, Private Sector Task Force Co-Chair, public or private sector Task
Force member, Task Force advisor, Executive Committee member or
subcommittee member at any time by writing a letter to that effect to the Public
Sector and Private Sector Task Force Co-Chairs. The letter should specify the
effective date of the resignation, and if none is specified, the effective date shall
be the date on which the letter is received by the Public and Private Task Force
Co-Chairs.
G. All vacancies for Public Sector Task Force Co-Chair, Private Sector Task Force
Co-Chair, Executive Committee member and subcommittee member shall be
filled in the same manner in which selections are made under Section VI. All
vacancies to these positions must be filled within thirty days of the effective date
of the vacancy.
VIII. MEETINGS
A. Task Force meetings shall only be called by the joint action of the Public and
Private Sector Task Force Co-Chairs. Task Force meetings cannot be held any
earlier than thirty-five days after being called, unless an emergency situation has
been declared pursuant to Section VIII(H), in which case Task Force meetings
cannot be held any earlier than ten days after being called. It is recommended
that, at least once a year, the Task Forces convene in a common location for a
joint Task Force Summit. Executive Committee meetings shall only be called by
the joint action of the Public and Private Sector Task Force Co-Chairs and cannot
be held any earlier than three days after being called, unless the Executive
Committee waives this requirement by unanimous consent.
B. At least forty-five days prior to a task force meeting any model bill, resolution or
policy must be submitted to ALEC staff that will be voted on at the meeting. At
least thirty-five days prior to a Task Force meeting, ALEC staff shall distribute
copies of any model bill, resolution or policy statement that will be voted on at
that meeting. This requirement does not prohibit modification or amendment of a
model bill, resolution or policy statement at the meeting. This requirement may
be waived if an emergency situation has been declared pursuant to Section
VIII(H).
C. All Task Force meetings are open to registered attendees and invited guests of
ALEC meetings and conferences. Only regular Task Force Members may
introduce any resolution, policy statement or model bill. Only Task Force
members will be allowed to participate in the Task Force meeting discussions and
be seated at the table during Task Force meetings, unless otherwise permitted by
the Public and Private Sector Task Force Co-Chairs.
D. ALEC private sector member organizations may only be represented at Task

Force and Executive Committee meetings by the individual addressed in the
appointment letter sent pursuant to Section VI(D) or a designee of the private
sector member. If someone other than the individual addressed in the
appointment letter is designated to represent the private sector member, the
designation must be submitted in writing to the Public and Private Sector Task
Force Co-Chairs before the meeting, and the individual cannot represent any other
private sector member at the meeting.

E. All Task Force and Executive Committee meetings shall be conducted under the
guidelines of Roberts Rules of Order, except as otherwise provided in these
Operating Procedures. A copy of the Task Force Operating Procedures shall be
included in the briefing packages sent to the Task Force members prior to each
meeting.
F. A majority vote of legislative members present and voting and a majority vote of
the private sector members present and voting, polled separately, are required to
approve any motion offered at a Task Force or Executive Committee meeting. A
vote on a motion to reconsider would be only with the sector that made the
motion. Members have the right, in a voice vote, to abstain and to vote present by
roll-call vote. In all votes a member can change their vote up until the time that
the result of the vote is announced. Only duly appointed members or their
designee as stated in Section VIII (D) that are present at the meeting may vote on
each motion. No proxy, absentee or advance voting is allowed.
G. The Public Sector Task Force Co-Chair and the Private Sector Task Force Co-
Chair, with the concurrence of a majority of the Executive Committee, polled in
accordance with Section VIII (F), may schedule a Task Force vote by mail or fax
any form of electronic communication on any action pertaining to policy
statements, model legislation or educational activity. The deadline for the receipt
of votes can be no earlier than thirty-five days after notification of the vote is
mailed or faxed notified by any form of electronic communication, unless an
emergency situation is declared pursuant to Section VIII (H), in which case the
deadline can be no earlier than ten days after notification is mailed or faxed
notified by any form of electronic communication. Such votes are exempt from
all rules in Section VIII, except: (1) the requirement that copies of model
legislation and policy statements be mailed or faxed notified by any form of
electronic communication with the notification of the vote and (2) the requirement
that a majority of legislative members voting and a majority of the private sector
members voting, polled separately, is required to approve any action by a Task
Force.
H. For purposes of Sections VIII(A), (B) and (G), an emergency situation can be
declared by:
(1) Unanimous vote of all members of the Task Force Executive

Committee present at an Executive Committee meeting prior to the
meeting at which the Task Force votes on the model bill, resolution
or policy statement; or
(2) At least three-fourth majority vote of the legislative and private
sector Task Force members (voting in accordance with Section
VIII (F)) present at the meeting at which the members vote on the
model bill, resolution or policy statement.

I. Ten Task Force members shall constitute a quorum for a Task Force meeting.
One-half of the legislative and one-half of the private sector members of an
Executive Committee shall constitute a quorum for an Executive Committee
meeting.
IX. REVIEW AND ADOPTION PROCEDURES
A. All Task Force policy statements, model bills or resolutions shall become ALEC
policy either: (1) upon adoption by the Task Force and affirmation by the Board
of Directors or (2) thirty days after adoption by the Task Force if no member of
the Board of Directors requests, within those thirty days, a formal review by the
Board of Directors. General information about the adoption of a policy position
may be announced upon adoption by the Task Force.
B. The Executive Director shall notify the Board of Directors of the approval by a
Task Force of any policy statement, model bill or resolution within ten days of
such approval. Members of the Board of Directors shall have thirty days from the
date of Task Force approval to review any new policy statement, model bill or
resolution prior to adoption as official ALEC policy. Within those thirty days,
any member of the Board of Directors may request that the policy be formally
reviewed by the Board of Directors before the policy is adopted as official ALEC
policy.
C. A member of the Board of Directors may request a formal review by the Board of
Directors. The request must be in writing and must state the cause for such action
and a copy of the letter requesting the review shall be sent by the National
Chairman to the appropriate Task Force Chair. The National Chairman shall
schedule a formal review by the Board of Directors no later than the next
scheduled Board of Directors meeting.
D. The review process will consist of key members of the Task Force, appointed by
the Task Force Chair, providing the support for and opposition to the Task Force
position. Position papers may be faxed or otherwise quickly transmitted to the
members of the Board of Directors. The following is the review and adoption
procedures:
x Notification of Committee: Staff will notify Task Force Chairs and the entire task
force when the Board requests to review one of the Task Forces’ model bills or
resolutions.
x Staff Analysis: Will be prepared in a neutral fashion. The analyses will include:
o History of Task Force action
o Previous ALEC official action/resolutions
o Issue before the board
o Proponents arguments
o Opponents arguments
x Standardized Review Format: To ensure fairness, a set procedure will be used as

the format to ensure the model bill/resolution has a fair hearing before the Board.
o Task Force Chair(s) will be invited to attend the Board Review
o Task Force Chair(s) will decide who will present in support and in
opposition for the model bill/resolution before the Board.
o Twenty minutes that is equally divided will be given for both sides to
present before the Board.
o It is suggested that the Board not take more than twenty minutes to ask
questions of the presenters.
o Presenters will then be excused and the Board will have a suggested
twenty more minutes for discussion and vote.
o All votes will be recorded for the official record.
x Notification of Committee: The Director of Policy will notify presenters

immediately after the vote. If the Board votes to send the model bill/resolution
back to the task force, the Board will instruct the Director of Policy or another
board member what to communicate.
E. The Board of Directors can:
(1) Vote to affirm the policy or affirm the policy by taking no action, or
(2) Vote to disapprove the policy, or
(3) Vote to return the policy to the Task Force for further consideration
providing reasons therefore.
F. Task Forces may only undertake educational activities that are based on a policy
statement, model bill or resolution that has been adopted as official ALEC policy,
unless the Task Force votes to undertake the educational activity, in which case
the educational activity is subjected to the same review process outlined in this
Section. It is the responsibility of the Task Force Executive Committee to affirm
by three-fourths majority vote conducted in accordance with Section VIII that an
educational activity conforms to a policy statement, model bill or resolution.
X. EXCEPTIONS TO THE TASK FORCE OPERATING PROCEDURES.
Exceptions to these Task Force Operating Procedures must be approved by the Board of
Directors.

Mission Statement
The American Legislative Exchange Council’s mission is…
To advance the Jeffersonian Principles of free markets, limited

government, federalism, and individual liberty through a nonpartisan
public-private partnership among America’s state legislators, concerned
members of the private sector, the federal government, and the general
public.
To promote these principles by developing policies that ensure the

powers of government are derived from, and assigned to, first the
People, then the States, and finally the Federal Government.
To enlist state legislators from all parties and members of the private
sector who share ALEC’s mission.
To conduct a policy making program that unites members of the public

and private sector in a dynamic partnership to support research, policy
development, and dissemination activities.
To prepare the next generation of political leadership through

educational programs that promote the principles of Jeffersonian
democracy, which are necessary for a free society.


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
 
 
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 
 
 

   
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








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

DISCOUNTED REGISTRATION FEES

    
      METHOD OF REGISTRATION PAYMENT
    
      
      
     
    
 
    
      
     
      
      
    
      


    
           
  
          

                             


REGISTRATION CONFIRMATION INFORMATION REGISTRATION CANCELLATION / REFUND INFORMATION
 
 
RESERVATION CUTOFF FOR ALEC DISCOUNTED RATE IS 12pm Eastern July 12, 2010

       METHOD OF HOUSING PAYMENT
 

   
           

 
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  
 
  
 
  
   

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   
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            
           
 
HOUSING CONFIRMATION INFORMATION HOUSING CANCELLATION / REFUND INFORMATION

 
 


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 
 
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 
 
 

   
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IMPORTANT: Please identify the ALEC attendee


REGISTRATION
First Name Last Name ORDER NUMBER
Daytime Phone
Email (Confirmation will be sent by email)
 EARLY STANDARD ON-SITE

(#) x until until begin DAILY Amount
 June 16 July 12 July 13
A. Spouse / Guest / Child 18 yrs or older ( ) x $150 $150 $150 n/a = $________
B. Kid’s Congress (6 months to 17 yrs) for ALEC Members ( ) x $250 $350 $550 n/a = $________
Full Conference Rate
C. Kid’s Congress (6 months to 17 yrs) for Non-ALEC Members ( ) x $350 $450 $650 n/a = $________
Full Conference Rate
D. Kid’s Congress (6 months to 17 yrs) ( ) x $100 $150 $250 n/a = $________
Day rate: Thurs., Fri., or Sat.
SPOUSE / GUEST / KID’S REGISTRATION FEE(s) TOTAL $ ______________
Please list the names of the spouse / guest / children below
Child Registration Type Child Registration Type
Spouse / Guest / Child Name Date of Birth A,B,C,D (above) Spouse / Guest / Child Name Date of Birth A,B,C,D (above)
1. 5.
2. 6.
3. 7.
4. 8.

Credit Card: Credit cards will be charged immediately. Please fax to the above number for processing.
 American Express Card # ______________________________________________________________
 Visa Cardholder (please print) ________________________________________________

Exp Date (mm/yy) ___________________ Security Code _____________________
 MasterCard
Signature ___________________________________________________________
Check / money order: Payment must be in U.S. currency drawn on a U.S. bank. Please make check payable to ALEC Registration and send to
above address.
Note: Registration forms with enclosed payments must be received by 5pm Eastern on the following dates to be eligible for discounted registration
rates: June 9, 2010, for early registration rates, or July 12, 2010, for standard registration rates. Forms and/or payments received after July 12, 2010
will be subject to the on-site registration rate. If registering after July 12, 2010 please bring completed form and payment to register on-site.
 
Online registrants will receive immediate confirmation via email. If Registrations cancelled prior to 5:00 p.m. (EST) July 12, 2010 are subject
registering by written form, confirmation will be emailed (if address to a $100 cancellation fee. Registrations are non-refundable after 5:00
provided), faxed, or mailed within 72 hours of receipt of payment. p.m. (EST) July 12, 2010.
State Sovereignty through Local Coordination Act
Section 1.
A. Definitions.
1. “Coordinate” means the action necessary to achieve coordination.
2. “Coordination” means the process by which the federal or state

government seeks in good faith to reach consistency between a federal or
state regulation, rule, plan or policy and a city or town law, regulation,
plan or policy that is less restrictive than the federal or state regulation,
rule, plan or policy.
3. “Less restrictive” means a city or town law, regulation, plan or policy

imposes or would impose less of a burden on the exercise of rights,
privileges or immunities enjoyed by individuals, organizations and
businesses within the city’s or town’s jurisdictional boundaries.
B. Demand. If a city or town has laws, regulations, plans or policies that are less
restrictive than a federal or state regulation, rule, plan or policy, the city or town
shall demand by any lawful means that the federal or state government coordinate
with the city or town before the federal or state government implements, enforces,
expands or extends the federal or state regulation, rule, plan or policy within the
city's or town's jurisdictional boundaries. This subsection is mandatory unless the
city or town specifically votes to not demand coordination at a duly noticed public
hearing.
C. Litigation. Unless its elected public body shall vote against authorizing such
litigation at a duly noticed public hearing, if the federal government fails to
coordinate in good faith with the city or town after demand has been made, the
city or town shall authorize appropriate litigation to enforce its coordination rights
and powers.
D. Taxpayer Standing. Any taxpayer residing or doing business within the

jurisdiction of the relevant city or town shall have standing to enforce the
obligations created by this statute by way of special action filed in state court
against the relevant city or town, without first exhausting any administrative
remedy, if the relevant city or town fails to discharge its obligations under this
statute within sixty (60) days after the taxpayer serves each member of the
relevant elected local public body with a written demand that the city or town
comply with this statute. To be effective, the written demand must specify the
federal and local laws, regulations, plans or policies, with which coordination
ought to be sought by the city or town.
An Act Granting the Authority of Rural Counties to Transition to
Decentralized Land Use Regulation
Section 1.
A) Findings and Purpose. The Legislature finds that the planning and zoning
authority granted to rural counties may encourage land use regulation which is
overly centralized, intrusive and politicized. The Legislature further finds that
rural counties, local elected officials and their citizens may reasonably prefer
transitioning to a system of decentralized land use regulation based on restrictive
covenants and the common law of private nuisance. Accordingly, the Legislature
herewith intends to grant rural counties the legal authority to abandon their
planning and zoning authority in order to transition to decentralized land use
regulation consisting of restrictive covenants and the common law of private
nuisance.
B) Legal Authority. Any county with a population of fewer than 100,000 residents is
herewith granted legal authority to designate all or a portion of the area within its
jurisdiction for decentralized land use regulation and, with respect to such
designated area, to abandon its planning and zoning authority under any statute or
law, to unilaterally withdraw from any obligation to exercise planning or zoning
authority under any intergovernmental agreement, and to transition to
decentralized land use regulation as provided in the following subsections:
1) Mode of Exercise. The legal authority granted herein may be

exercised though county legislation or local initiative, which
shall state in reasonably intelligible terms with respect to a
clearly designated area within its jurisdiction that the county is
abandoning its planning and zoning authority, withdrawing from
any intergovernmental agreement obliging it to exercise such
authority, and transitioning to decentralized land use regulation
based on restrictive covenants and the common law of nuisance.
The procedures established by general law governing local
legislation or local initiatives shall be applicable to local
legislation or local initiatives that propose transition to
decentralized land use regulation. However, in addition to such
procedures, the prior public notice required for any such
proposed local law shall be at least as effective as the public
notice requirements applicable to county rezoning.
2) Substance of Exercise. To effectively authorize the transition to

decentralized land use regulation based on restrictive covenants
and the common law of private nuisance, the local law shall
reasonably detail two transitional implementation phases as
follows:
a) Phase 1. Sunset Review of Existing Planning and Zoning
Regulations.
i) Substantive Requirements. The local law shall require

the county to repeal or modify any land use restriction
stemming from the county’s exercise of its planning or
zoning authority, which prohibits or conditionally restricts
the peaceful or highest and best uses of private property, or
which would cause a diminishment in the value of the
affected private property if the land use restriction were
converted to a restrictive covenant, to allow the otherwise
restricted uses unless the county: 1) fully compensates the
affected land owner(s) for the loss of such value; or 2) a
preponderance of the evidence considered at a sunset
review hearing establishes the restriction is necessary for
public health and safety and: (1) owners of properties
located within 300 feet of the property in question
reasonably and detrimentally relied upon the restriction in
purchasing or improving their property; (2) the restriction is
roughly proportional to the costs the restricted land use
would otherwise impose on public infrastructure; or (3) the
restriction is roughly proportional to that which would
result from enforcing the common law of private nuisance.
ii) Procedural Requirements. Owners of private real

property within the county’s designated area for
decentralized land use regulation shall be given a
reasonable opportunity after passage of the local law
requiring transition to decentralized land use regulation to
file sunset review applications with the local body
responsible for rezoning seeking modification or repeal of
any land use restriction stemming from the county’s
exercise of its planning or zoning authority, which prohibits
or conditionally restricts the peaceful or highest and best
uses of the owner’s private property or which would cause
a diminishment in the value of the affected land if imposed
on the land as a restrictive covenant under the following
subsection. Applicants for sunset review shall be
responsible for complying with public notice requirements
applicable to the most analogous private rezoning
application; however, the sunset review applications are to
be liberally construed in favor of the applicant. The local
body responsible for rezoning shall then conduct a public
hearing on each sunset review application to determine
whether the challenged land use restriction must be
An Act Granting the Authority of Rural Counties to Transition to Decentralized Land Use Regulation (August 2010) 2
modified or repealed under the factors of the previous
subsection. All sunset review decisions shall be subject to
administrative review without deference to the local body’s
determination. The local law shall set a reasonable
deadline for interested parties to record final sunset review
decisions against title to the affected real property and shall
give reasonable notice to such interested parties of that
deadline and of its legal implications; the failure to timely
record such decisions shall be deemed the abandonment of
any such sunset review application.
b) Phase 2. Recordation of Zoning Map Applicable to

Designated Area. Concurrently with the sunset review
process, the local law shall authorize the county to record
all or a portion of its zoning map, as it pertains to the
designated area of decentralized land use regulation, in a
format substantially equivalent to plats of subdivision,
together with a printed statement of all restrictions on land
uses entailed by the zoning map (which also specifies the
objective factors, if any, established in the formerly
governing zoning law allowing for modification of the
restrictions of the specified zoning classifications by
special exception, conditional use, variance or rezoning).
Subsequently recorded sunset review decisions shall: i)
refer to the document number of the recorded zoning map;
ii) be effective as of the date the zoning map is recorded;
and iii) shall be deemed to modify and supersede any
contrary provision or classification of the zoning map and
its accompanying statement. Upon recordation, the land
use restrictions specified in the zoning map and related
statement, as modified by recorded sunset review decisions,
shall thereby become restrictive covenants against title to
the burdened private properties specified in the zoning
map, with the right to enforce such covenants
presumptively running with title to all private properties
within 300 feet.
c) Effect of Completion of Phases 1 and 2. The general law

applicable to private restrictive covenants shall apply to
restrictive covenants created by this process subject to two
exceptions: a) the local law shall provide that owners of
properties burdened by such restrictive covenants shall
have standing to file a special action in any court of
competent jurisdiction seeking a declaratory judgment
granting a special exception, conditional use, variance or
rezoning under the objective factors of the previously
governing zoning law, as set forth in the recorded zoning
map; and b) in order to perfect the restrictive covenants
established by this process against subsequent purchasers
for value, the local law shall provide for a reasonable
deadline by which benefited property owners must record
their enforcement rights as running with title to the
benefitted properties and against title to all burdened
properties by reference to the document number of the
recorded zoning map.
3) Effect of Exercise. A local law effectively exercising the legal

authority granted herein shall have the effect of: a) granting
owners and subsequent transferees of private real property
located within the respective designated decentralized land use
regulation area a vested property interest under state law in every
land use not prohibited by the restrictive covenants on title
generated by the transition to decentralized land use regulation or
the common law of nuisance to protect health and safety; b)
prohibiting the exercise of county planning and zoning powers
directly or indirectly with respect to private real property located
within the designated decentralized land use regulation area
under any statute or law, so long as the county’s population is
fewer than 100,000 residents; c) prohibiting the exercise of
planning and zoning powers by any state agency, political
subdivision of the state, special district or other local government
within the designated decentralized land use regulation area
which is similar to county planning and zoning powers under any
statute or law, so long as the county’s population is fewer than
100,000 residents; d) prohibiting the county from exercising
development moratorium authority in the designated
decentralized land use regulation area under any statute or law,
so long as the county’s population is fewer than 100,000
residents; and e) releasing the respective county from any
existing obligation to exercise planning or zoning authority under
any intergovernmental agreement in the designated decentralized
land use regulation area.
Eminent Domain Authority for Federal Lands Act
Summary:
This bill authorizes the state to exercise eminent domain authority on

property possessed by the federal government unless the property was acquired by
the federal government with the consent of the Legislature and in accordance with
the United States Constitution Article I, Section 8, Clause 17.
Model Legislation
SECTION 1.
The following shall be enacted as Section _______ of the eminent domain provisions of
the State Code:
___________ Other Property which may be taken – State as plaintiff.
(1) Subject to Subsection (2), property which may be taken under this part includes
property possessed by the federal government unless the property was acquired by
the federal government with the consent of the Legislature and in accordance with
the United States Constitution Article I, Section 8, Clause 17.
(2) The state shall be the plaintiff described in the eminent domain complaint in an
action to condemn property described in Subsection (1).
MEMORANDUM
TO: ENERGY, ENVIRONMENT AND AGRICULTURE TASK FORCE MEMBERS

FROM: CLINT WOODS, TASK FORCE DIRECTOR
DATE: MARCH 31, 2011
RE: UPDATED 35-DAY MAILING—SPRING TASK FORCE SUMMIT
The American Legislative Exchange Council will host its Spring Task Force Summit on April 28 – 29 in
Cincinnati, Ohio at the Hilton Cincinnati Netherland Plaza. If you have not yet registered for this meeting,
please click here for registration information or go to www.alec.org. The deadline to register and get
housing for ALEC’s Spring Task Force Summit in Cincinnati on April 28-29 has been extended. You have
until April 6th to get a room at the conference rate and receive a $50 discount on registration. As a
reminder, ALEC Legislator Task Force Members can be reimbursed up to $350 for travel expenses, and
room and tax fees for up to a two-night stay at the host hotel are covered by ALEC.
The following meetings are of interest to members of the Energy, Environment and Agriculture (EEA) Task
Force:
Friday, April 29
x Joint Energy – Environment Health & Regulation Subcommittee, 8:30am – 9:45am (Subcommittee
meetings are open to all Task Force members)
x Agriculture Subcommittee, 10:00am – 11:00am (open to all Task Force members)
x Workshop on Budget Transparency, 11:00am – 12:15pm
x Energy, Environment and Agriculture Task Force Luncheon and Meeting, 12:30pm – 5:00pm
x Spring Task Force Summit Reception, 5:00pm – 6:30pm
x Reds – Marlins Baseball Game (with special discounted tickets), 7:10pm
The following supplemental materials are attached:

x Agenda for the EEA Task Force Meeting (1 page)
x Agenda for Subcommittee Meetings (2 pages)
x Proposed Model Legislation
x Introduction to the EEA Task Force (2 pages)
x EEA Task Force Roster (13 pages)
x 2010 States and Nation Policy Summit Task Force Meeting Minutes (2 pages)
x Scholarship Policy by Meeting (1 page)
x ALEC Task Force Operating Procedures (12 pages)
x ALEC Mission Statement (1 page)
I look forward to seeing all of you next month in Cincinnati. If you have any questions or concerns
regarding the meeting, please contact me at (202) 742-8542 or by e-mail cwoods@alec.org.
Sincerely,
Clint Woods
________________________________________________________________________________________________________
1101 Vermont Ave., NW, 11th Floor, Washington, DC 20005 ~ 202/466-3800 ~ Fax: 202/466-3801 ~ www.alec.org
ENERGY, ENVIRONMENT AND AGRICULTURE
TASK FORCE MEETING
2011 Spring Task Force Summit Ɣ Cincinnati, OH
April 29, 2011 Ɣ 12:30pm – 5:00pm
Tentative Agenda
Call to Order, Welcome, and Introductions
Rep. David Wolkins, Indiana
Martin Shultz, Brownstein Hyatt Farber Schreck
Tom Moskitis, American Gas Association
Energy Issues in Ohio and Reflections on Legislative-Regulatory Relations

Chairman Todd Snitchler, Public Utility Commission of Ohio
Crop Chemophobia: Will Precaution Kill the Green Revolution?

Jon Entine, American Enterprise Institute
MODEL LEGISLATION: ALEC Agriculture Principles (Jeff Case, CropLife America)
Updates on Japan’s Nuclear Reactors and Global Implications

Speaker TBA
Insights on Oil & Gas Prices

John Felmy, American Petroleum Institute
Turning on the Lights 2011: The Consumer Benefits of Electric Power Competition
Carl Johnston, National Center for Policy Analysis
EPA Challenges for Electric Generation

Speaker TBA
MODEL LEGISLATION:
x Amendments to ALEC Energy Principles (Sen. Michael Lamoureux, Arkansas)
x Resolution for a National Repository for High-level Nuclear Waste (Rep. Aric
Nesbitt, Michigan)
x Regional Air Quality Interstate Compact (Mario Loyola, Texas Public Policy
Foundation)
For the Good of the Order
Adjournment
JOINT ENERGY – ENVIRONMENTAL HEALTH &
REGULATION SUBCOMMITTEE MEETING
April 29, 2011 Ɣ 8:30am – 9:45am
Tentative Agenda
Rep. Tom Lockhart, Wyoming
Rep. Ralph Watts, Iowa
Mike McGarey, Nuclear Energy Institute
MODEL LEGISLATION: Amendments to ALEC Energy Principles (Sen. Michael Lamoureux,

Arkansas)
MODEL LEGISLATION: Regional Air Quality Interstate Compact (Mario Loyola, Texas Public
Policy Foundation)
Will Green Energy Make the United States Less Secure?

Sterling Burnett, National Center for Policy Analysis
MODEL LEGISLATION: Resolution for a National Repository for High-level Nuclear Waste
(Rep. Aric Nesbitt, Michigan)
Adjournment
AGRICULTURE SUBCOMMITTEE MEETING
April 29, 2011 Ɣ 10:00am – 11:00am
Tentative Agenda
Rep. Larry Powell, Kansas
Jeff Case, CropLife America
MODEL LEGISLATION: ALEC Agriculture Principles (Jeff Case, CropLife America)
DISCUSSION: What should be ALEC’s priorities for agricultural and rural policy issues?
Adjournment
ALEC Agriculture Principles
The proper role of government involvement in agriculture is to limit and remove barriers
for agricultural production, trade, and consumption throughout our innovative food
system. In developing public policy options for agriculture, forestry, and related sectors,
policymakers should recognize that the United States currently possesses the safest,
highest quality, and most innovative food system in the world.
Global demand for agricultural and forest products are expected to increase substantially
in the coming decades, and legislators should seek policy options that will allow our
system of high-yield, industrial agriculture to flourish in order to help meet this demand
while meeting environmental and land use challenges. ALEC also recognizes that
agricultural productivity is an essential counterpart to robust economic growth. As
Thomas Jefferson wrote in a 1787 letter to George Washington, “[a]griculture is our
wisest pursuit, because it will in the end contribute most to real wealth, good morals, and
happiness.”
Reduced Barriers to Agricultural Commerce

Agricultural markets are global and the United States represents one of the largest and
most efficient agricultural economies in the world. As a net exporter of agricultural
goods, legislators should focus on expanding market access and removing barriers to
food trade in ways consistent with international obligations. Enhancing productive
commerce in this sector reduces consumer prices, increases prosperity, and provides
opportunities for American producers.
Free Markets and Competition

Consistent with existing antitrust requirements, ALEC opposes unnecessary government-
imposed restrictions on agricultural businesses, including company structure, operation
size, business diversification, coordination, or marketing methods. The vast majority of
U.S. farms (98 percent in 2007) are family-owned. Considering both the limited
resources of state and federal agencies and the disproportionate impact of burdensome
regulations on small farmers and ranchers, care should be taken to avoid unnecessary
rules and bureaucratic hurdles for producers competing in our global agriculture
environment. ALEC encourages policies that avoid market distortion through the
selection of winners-and-losers. As Senator Barry Goldwater explained, “[farmers] have
a more intimate knowledge than most of us of the consequences of unlimited government
power, and so, it would seem, a greater interest than most in returning agriculture to
freedom and economic sanity.”
Science-Based Safety
Processes for safety regulations should incorporate a least restrictive approach for
ensuring public safety and confidence, economics, definitive risk data, and food security.
Legislators should look skeptically upon reliance of the precautionary principle as well as
risk assessments based on speculation, anecdotes, statistical correlation, and non-
replicable or non-independent studies. Instead, a science-based approach that involves
cost-benefit analysis, publically-available data, and a focus on dosage and use (rather
than abstract notions of “exposure”) will best serve consumers.
Animal Welfare
ALEC agrees with basic animal care principles that maintain the wellbeing and health of
animals used for food, companionship, clothing, recreation, assistance, and medical
research, but opposes extremist attempts to establish animal rights as a public policy
objective. There are significant human costs to the animal rights movement’s attempt to
destroy human exceptionalism and along with it our system of animal husbandry and
tradition of pet ownership. Similar to ALEC efforts related to animal and ecological
terrorism and environmentally corrupt organizations, ALEC’s principles include a
commitment to transparency and honesty among these groups and their allies.
Stewardship
ALEC supports the establishment of policies and incentives to empower private
landowners and agricultural producers to enhance stewardship efforts.
State Role
While much attention is paid to federal farm bill deliberations, states have a unique and
critical role to play in the administration of agriculture programs and policies. The
United States Department of Agriculture noted in a 2004 report that “a central agency
administering a program at the national level may lack the information needed to
accommodate State-level difference.” While states should seek regulatory uniformity in
order to not unnecessarily impact producers, opportunities to empower state officials to
creatively address agriculture and food issues should be fully explored. As declared in
The Federalist No. 17, the “supervision of agriculture and of other concerns of a similar
nature…are proper to be provided for by local legislation, can never be desirable cares of
a general jurisdiction.” Furthermore, the federal government should avoid intruding on
state sovereignty over intrastate agriculture matters and the proliferation of local
agriculture regulations should be discouraged.
Right to Farm
Recognizing the essential role of agriculture in our economy, ALEC supports protection
of generally accepted agricultural and management practices from public or private
nuisance suits.
The Value of High-Yield Farming

Our modern, high-tech, and high-yield agriculture system, a product of the 20th Century’s
Green Revolution, is critical to provide food to billions while minimizing damage to
natural habitats and biodiversity. As stated in the Declaration in Support of Protecting
Nature With High-Yield Farming and Forestry, “additional high-yield practices, based on
advances in biology, ecology, chemistry, and technology, are critically needed in
agriculture and forestry not only to achieve the foal of improving the human condition for
ALEC Agricultural Principles (April 2011) 2

all peoples but also the simultaneous preservation of the natural environment and its
biodiversity through the conservation of wild areas and natural habitat.”
ALEC Agricultural Principles (April 2011) 3

1 ALEC Energy Principles
2
3 Mission: To define a comprehensive strategy for energy security, production, and
4 distribution in the states consistent with the Jeffersonian principles of free markets
5 and federalism.
6 Introduction: A National Energy Strategy

7 Energy affects all aspects of American life. It is indispensable for economic growth.
8 Access to energy and the supply of energy will only become more important in the future
9 as energy demand continues to increase. as America’s economy and the world’s
10 economy grow.as America’s economy and the world’s economy grow.
11 Energy Use Will Continue to Grow. According to the Energy Information

12 Administration (EIA), overall energy consumption in the United States will grow by 148
13 percent between 200805 and 20350—increasing from 100 quadrillion Btu used a year to
14 1148 quadrillion Btu.1 Over the same period, EIA projects that electricity demand will
15 increase by 30 percent2 and demand for liquid fuels (such as gasoline and diesel) will
16 increase by nearly 140 percent.3 At the same time, the American economy is becoming
17 more energy efficient – carbon dioxide emissions per dollar of GDP declined 41.3
18 percent between 1981 and 2005, and will decline 42 percent through 2035, and the
19 American economy’s energy intensity – energy use per dollar of GDP – will decrease by
20 40 percent through 20354. While energy remains a critical component of economic
21 growth, technological developments spurred by the market have improved efficiency and
22 led to lower emissions, without government mandates or excessive regulation. The
23 growth in global energy demand is expected to be approximately 65 percent lower
24 through 2030 than it would have been without these improvements.5
25 Air Quality Has Improved As Energy Use Has Increased. According to EPA,
26 since 1980 gross domestic product has increased 124 percent, vehicle miles traveled have
27 increased 103 percent, population has increased 33 percent, and energy consumption has
28 increased 30 percent. Despite these increases, aggregate levels of air toxics have
1 decreased 52 percent. Ambient levels of carbon monoxide are down 77 percent, ozone is
2 down 21 percent, lead is down 94 percent and sulfur dioxide is down 68 percent.6
3 Global Climate Change is Inevitable. Climate change is a historical phenomenon

4 and the debate will continue on the significance of natural and anthropogenic
5 contributions. ALEC will continue to monitor the issue and support the use of sound
6 science to guide policy, but .ALEC will also incorporate economic and political realism.
7 Unilateral efforts by the United States or regions within the United States will not
8 significantly decrease carbon emissions globally, and international efforts to decrease
9 emissions have proven politically infeasible and unenforceable. Policy makers in most
10 cases are not willing to inflict economic harm on their citizens with no real benefit. ALEC
11 discourages impractical visionary goals that ignore economic reality Regardless, the
12 economy is becoming more energy efficient. Each year we emit less carbon dioxide per
13 dollar of economic output. In fact, carbon dioxide emissions per dollar of GDP declined
14 41.3 percent between 1981 and 2005. This impressive improvement has taken place
15 without greenhouse gas emissions regulations or taxes., and that will not be met without
16 serious consequences for worldwide standard of living. Regardless, the economy is
17 becoming more energy efficient. Each year we emit less carbon dioxide per dollar of
18 economic output. In fact, carbon dioxide emissions per dollar of GDP declined 41.3
19 percent between 1981 and 2005. This impressive improvement has taken place without
20 greenhouse gas emissions regulations or taxes.
21 ALEC Supports Free Markets. ALEC supports free markets because markets
22 are more effective than onerous regulation at lead to achieving optimal economic and
23 environmental outcomesbetter policy outcomes than onerous regulation. lead to better
24 policy outcomes than onerous regulation. America’s economy is becoming more energy
25 efficient and less carbon intensive, not because of regulation, but because it saves money
26 to be energy efficient. Free markets in energy produce more options, more energy, lower
27 prices, and less economic disruptions. Free markets will not necessarily produce the
28 vision of a green economy desired by supporters of government intervention are not
29 perfect, are not perfect. but they will produce the best outcome among realistic
30 alternatives.
ALEC Energy Principles (April 2011) 2

1 ALEC Supports Affordable Fuels that Power Growth. Mandates to transform the
2 energy sector and use renewable energy sources place the government in the unfair
3 position of choosing winners and losers, keeping alive industries that are dependent on
4 special interest lobbying. As the history of ethanol indicates, these special interests are
5 difficult to are better than all of the alternatives.eliminate and can long outlast the
6 exposure of their inefficiency. Forced changes in the economy produce unnecessary costs
7 and threaten reliability. ALEC opposes these mandates, and therefore opposes infighting
8 among fuel sources. Reliable, efficient fuels that power growth have a role in a free
9 market energy sector.
10 The ALEC Energy Principles are an expression of the Jeffersonian ideals of free
11 markets and liberty. These principles are especially important today. Far too often
12 government policies restrict energy options and limit access to vital energy resources.
13 ALEC Energy Principles

14
15 Energy Realism. 1. Energy Realism
16
17 Reliancey on the market to develop and produce new technologies: The free market
18 should be the principal determinant of which products reach the marketplace.
19
20 Government should not mandate nor limit energy choices. Opposition to mandates that
21 limit energy choicesGovernments should not mandate nor limit energy choices:
22 Government programs designed to encourage and advance energy technologies should
23 not reduce energy choices or supply. They should not limit the production of electricity,
24 for example, to only politically preferable technologies.
25
26 Reliancey on existing technology: Energy policy should rely on technologies that exist,
27 not on uncertain future technological advancements. Technological advancement will
28 occur, but we cannot predict them ahead of time.
29
30
31 Energy Security.
32 2. Energy Security
33
34 Access: North America has extremely large reserves of fossil fuels in the form of natural
35 gas, petroleum, coal, oil sands, and oil shale in the form of natural gas, petroleum, coal,
36 oil sands, and oil shale. Access to these resources should be expanded to provide America
37 with low-cost and reliable energy. Coastal resources must be explored in an
38 environmentally sensitive manner. Coastal resources must be explored in an
39 environmentally sensitive manner and bBarriers limiting the use of and access to public
40 lands must be removed.

1
2
3 Fuel Diversity: Energy security requires a diversity of fuels to meet the demands of
4 different geographic regions and different energy supplies.and a diversity of fuel supplies
5 energy sources. We must develop fossil fuels, nuclear, renewable (hydro, wind and solar)
6 and alternative (bio-mass, fuel cell and other) resources.
7
8 and a diversity of fuel supplies energy resources. We must develop fossil fuels, nuclear,
9 renewable (hydro, wind and solar) and alternative (bio-mass, fuel cell and other)
10 resources.
11
12 Protection & Safety: North America’s energy infrastructure must be protected from
13 terrorist disruption. Plan for nuclear waste storage must be finalized.
14
15 Environmental Protection. Environmental Protection: Modern fossil fuel development
16 successfully utilizes responsible environmental practices. Streamlining of regulations is
17 vital.
18 Environmental conservation and protectionConservation: Conservation is an important
19 component of a sound U.S. energy security policy, but conservation alone will not meet
20 the nation’s energy needs. Modern fossil fuel development successfully utilizes
21 responsible environmental practices. Streamlining of regulations is vital. There is a role
22 for regulation in protecting the environment, but regulations must be realistic, and the
23 private sector must be relied upon to develop innovative technological improvements that
24 enhance protection.
25
26 Regulatory reform: Streamlining of regulations is vital to maintain effective
27 environmental protection. Regulations must be based on sound science and subjected to
28 credible cost/benefit analyses. Regulations cannot be insulated by bureaucracy from
29 citizens who experience their effects; legislative oversight and democratic accountability
30 are critical components of our system of government. Duplicative regulatory processes
31 among federal and state government must be coordinated.
32
33 Regulatory predictability: State and national legislation and regulation should result in
34 predictability of process and enforcement resulting in the facilitation of investment
35 certainty. The regulatory process should enhance, encourage, and expand energy
36 production, transmission, and distribution.
37 E
38 nergy efficiency: State policies must allow free and competitive markets regarding pricing,
39 technology deployment, energy efficiency, and selection of fuels and suppliers. 3. Energy
40 Efficiency
41 Energy efficiency is enhanced most effectively through free market forces. State
42 policies must allow free and competitive markets regarding pricing, technology
43 deployment, energy efficiency, and selection of fuels and suppliers.
44
45 State governments can conduct audits of their own energy usage and make
46 appropriate market and cost-based adjustments to enhance efficiency in
47 government-owned facilities.

1 Energy Infrastructure: 4. Energy Infrastructure
2 Reliable electricity supply depends upon significant improvement of the

3 transmission grid. Interstate and intrastate transmission siting authority and
4 procedures must be addressed to facilitate the construction of needed new
5 infrastructure.
6
7 New, expanded, and modified refineries, power plants, and transmission facilities
8 require streamlining of siting and permitting processes.
9 Energy Regulatory Predictability and Investment Certainty: State and national

10 legislation should result in predictability of process and enforcement resulting in
11 the facilitation of investment certainty. The regulatory process should enhance,
12 encourage, and expand energy production, transmission, and distribution.
13 Multiple and duplicative regulatory processes should be streamlined.
14 5. Energy Trade and DevelopmentTrade:
15 State and federal government initiatives must promote free trade between nations.
16 Government control should be discouraged to allow the market, not political
17 machinations, to control energy resources.
18 Federalism: The federal government must allow states to develop their own
19 approaches to energy policy based on their resources and demand. Misguided
20 federal restrictions that ignore regional and local realities impose costs that are
21 beyond the control of those whom they most affect. States know how best to utilize
22 their land and natural resources, and their role in doing so must be preserved.
23
24 6. Energy Regulatory Predictability and Investment Certainty
25
26 State and national legislation and regulation should result in predictability of process
27 and enforcement resulting in the facilitation of investment certainty. The regulatory
28 process should enhance, encourage, and expand energy production, transmission, and
29 distribution. Multiple and duplicative regulatory processes should be streamlinedFirst
30 passed in 2002, revised in May 2008.
31
32
1
Energy Information Administration, “Annual Energy Outlook 2011.” Available
http://www.eia.gov/forecasts/aeo/pdf/0383er(2011).pdfEnergy Information Administration, “Annual
Energy Outlook 2008,” Report #: DOE/EIA-0383 (2008). Table 2. Energy Consumption by Sector and
Source. Available http://www.eia.doe.gov/oiaf/aeo/excel/aeotab_2.xls.
2
Energy Outlook 2008,” Report #: DOE/EIA-0383 (2008). Table 8. Electricity Supply, Disposition, Prices
and Emissions. Available http://www.eia.doe.gov/oiaf/aeo/excel/aeotab_8.xls.
3
Energy Outlook 2008,” Report #: DOE/EIA-0383 (2008). Table 11. Liquid Fuels Supply and Disposition.
Available http://www.eia.doe.gov/oiaf/aeo/excel/aeotab_8.xls.

4
http://www.eia.gov/forecasts/aeo/pdf/0383er(2011).pdf
5
Outlook for Energy: A View to 2030. Rep. ExxonMobil, 2010. Print.
6
Environmental Protection Agency, Air Trends: Basic Information.
http://www.epa.gov/airtrends/sixpoll.html.

Regional Air Quality Interstate Compact
SECTION A. REGIONAL AIR QUALITY COMPACT
1) EXECUTION OF INTERSTATE COMPACT. This state enacts the Regional Air

Quality Compact and enters into the compact with all other states legally joining in the
compact in substantially the following form:
2) RESTORING STATE RESPONSIBILITY. Each party state shall work with the
other party states to formulate plans for restoring the primary responsibility of States
and local governments in the prevention of air pollution and the control of air
pollution at its source, in accordance with 42 U.S.C. § 7401(a)(3) of the federal Clean
Air Act, and for reversing numerous actions of the federal Environmental Protection
Agency committed in violation of state authorities, federal law, and the Constitution of
the United States. Each party state shall work with other party states to adopt common
guidance for state implementation plans under the federal Clean Air Act, 42 U.S.C. §
7401, et seq., through the Regional Air Quality Commission, in accordance with
Article __ of this Compact.
3) REGIONAL AIR QUALITY COMMISSION. The governor of each party state

shall nominate, within 30 days of the effective date of this Compact, one
commissioner to the Regional Air Quality Commission. The Commission shall
develop and issue guidance concerning state implementation plans hereunder, to
ensure conformity with applicable federal and state law, and shall issue such orders as
may be necessary to correct failures to comply with federal and state law in the form
of notifications to party state governments. The Commission shall recommend such
changes in federal and state law as may be necessary and proper to implement the
purposes of this Compact, including the restoration of original constitutional
constraints on federal power, and the governor of each party state shall seek enactment
of such recommendations at the earliest opportunity. The commissioners to the
Commission shall develop the organic documents necessary for the organization of the
Commission, and shall recommend a budget.
4) CONGRESSIONAL CONSENT. Upon the granting of the express consent of

Congress to the terms of this Compact, and with respect to any guidance or order
adopted by the Regional Air Quality Commission, during the period of effectiveness
of such guidance or order, the review and enforcement authorities of the
Environmental Protection Agency under the federal Clean Air Act, 42 U.S.C. § 7401,
et seq., shall be suspended with respect to state implementation plans covered by this
Compact.
5) IMPLEMENTATION
a. This Compact shall become operative immediately upon its enactment into
law by any two (2) states; thereafter, this Compact shall become effective as
to any other state upon its enactment by such state.
b. This Compact shall become effective, for purposes of the operation of

federal law in the Member States and of any other legal effect requiring
congressional consent under Article I, Section 10, of the United States
Constitution, upon the passage of a resolution expressing the consent of
Congress to this Compact.
c. This Compact may be amended by agreement among the Member States

and enactment of such amendment under the laws of each Member States.
By consenting to this Compact, Congress consents to any amendments
adopted in accordance with this section.
6) WITHDRAWAL AND DISSSOLUTION. A Member State may withdraw from

this Compact by repealing the enactment of this Compact. This Compact shall be
dissolved upon the withdrawal of all but one of the signatories hereto.
Regional Air Quality Interstate Compact (April 2011) 2

RESOLUTION FOR A NATIONAL REPOSITORY FOR HIGH-
LEVEL NUCLEAR WASTE
WHEREAS, nuclear power has been, and likely will continue to be, a significant source
for the nation's electricity. There are 104 operating nuclear power reactors in the United
States, providing about a fifth of the nation's electricity generation. Many electricity
markets across the nation are, or will soon be, in need of new baseload generating
capacity. Nuclear power provides large amounts of reliable, emission-free electricity at
stable prices. Many policymakers recognize the need to construct new nuclear power
plants; and
WHEREAS, in order to realize the many benefits of nuclear power, the nation must
address the issue of high-level nuclear waste. Currently, approximately 60,000 metric
tons of spent nuclear fuel are stored in pools or casks at temporary sites around the
country. More nuclear waste is generated every day; and
WHEREAS, in 2002, Congress and President Bush approved Yucca Mountain in

Nevada as the site of a federal geologic repository for spent nuclear fuel and high-level
radioactive defense waste. In 2008, the Nuclear Regulatory Commission (NRC) accepted
an application by the Department of Energy (DOE) to construct and operate the Yucca
Mountain repository. The application is currently under technical review by the NRC;
and
WHEREAS, the establishment of a national repository is more than ten years overdue.
Under the Nuclear Waste Policy Act of 1982, the DOE was supposed to begin accepting
and storing the nation's nuclear waste by January 31, 1998. Electric rate payers across the
country have paid billions into the nuclear waste fund, which the DOE is supposed to use
to open the repository; and
WHEREAS, the construction of new nuclear power plants, which are needed to provide
clean and reliable baseload power, is being hampered by the unresolved issue of spent
nuclear fuel. The NRC must work diligently to move the Yucca Mountain approval
process along. The DOE must begin constructing and operating Yucca Mountain, and
begin accepting nuclear waste, without further delay;
THEREFORE BE IT RESOLVED:
{Your State} urges the United States Department of Energy and the Nuclear Regulatory
Commission to do everything necessary to allow the Yucca Mountain repository to begin
accepting high-level nuclear waste.
BE IT FURTHER RESOLVED:
Copies of this resolution are to be transmitted to the United States Department of Energy,
the Nuclear Regulatory Commission, the President of the United States Senate, the
Speaker of the United States House of Representatives, and the members of the {Your
State} congressional delegation.
Resolution for a National Repository for High-Level Nuclear Waste (April 2011) 2
Energy, Environment and Agriculture – 2011 Overview
Public Sector Chair: Rep. David Wolkins, Indiana

Private Sector Co-Chair: Tom Moskitis, American Gas Association
Private Sector Co-Chair: Martin Shultz, Brownstein Hyatt Farber Schreck
More information and news about the Energy, Environment and Agriculture Task Force is
available at: www.alec.org/EEA
Task Force Mission Statement:
ALEC’s Energy, Environment and Agriculture (EEA) Task Force promotes the mutually
beneficial link between a robust economy and a healthy environment, and seeks to enhance the
quality and use of our natural and agricultural resources for the benefit of human health and well-
being.
Executive Committee Members:
Rep. Tom Lockhart, Wyoming; Rep. Larry Powell, Kansas; Rep. Ralph Watts, Iowa; Rep. Dave
Wolkins, Indiana; Jeff Case, CropLife America; Mike McGarey, Nuclear Energy Institute; Jenn
Mendez, The Carpet and Rug Institute; Tom Moskitis, American Gas Association; and Martin
Schultz, Brownstein Hyatt Farber Schreck.
Task Force Subcommittees:

x Energy
x Environmental Health and Regulation
x Agriculture and Rural Issues
Issue Areas:
x Climate Change
x Agriculture
x Environmental Health
x Regulatory Reform
x Air & Water Quality
x Federal Lands
x Property Rights
x Chemical Regulation
x Eminent Domain
x Federalism
x Ecological Terrorism
x Waste Management
History of Scope of Model Legislation:

The EEA Task Force has considered and adopted a variety of model resolutions and bills on the
above issues (full list of Task Force model legislation available here). In recent years, the Task
Force has undertaken several initiatives focused on EPA regulations, regional climate initiatives,
and environmental health issues. Many of these model bills emphasize the use of sound science
and cost benefit analysis when making environmental policy. Below are some notable bills:
x Resolution in Opposition to the EPA’s x Regulatory Costs Fairness Act
Plan to Regulate Greenhouse Gas x Agriculture Bio-Security Act
Emissions Under the Clean Air Act x State Regulatory Responsibility Act
x Environmental Good Samaritan Act x Environmental Services Public-Private
x Right to Farm Act Partnership Act
x Climate Accountability Act x State Pesticide Preemption Act
x Verifiable Science Act x Groundwater Protection Act
x Resolution for State Withdrawal from x Offshore Energy Resources Act
Regional Climate Initiatives
Future Direction of Legislation for Task Force:

The Task Force will likely continue to take up model bills in the issue areas discussed above. In
particular, emphasis will be placed on developing innovative legislative options for dealing with
unnecessary federal intervention on environmental and public lands issues, as well as creative
market solutions to encourage agricultural productivity by reducing regulations on farmers and
ranchers.
Meeting Dates:
Spring Task Force Summit, Cincinnati, Ohio: April 29, 2011 12:30pm-5:00pm
Annual Meeting, New Orleans, Louisiana: August 5, 2011 2:30pm-5:30pm
States & Nation Policy Summit, Scottsdale, Arizona:
Task Force Publications:

x EPA’s Regulatory Train Wreck: Strategies for State Legislators (forthcoming, 2011)
x ALEC State Factor- “Affordable Energy: The Foundation of Human Rights and
Economic Justice” (2010)
x Energy, Environment, and Economics: A Guide for State Legislators (2007)
x Inside ALEC, November/December 2010 (focusing on Task Force issues)
x The Task Force also emails a biweekly “EEA Roundup” with 50-state legislative tracking
and other news updates
Staff Contact Information:
Clint Woods, Task Force Director

cwoods@alec.org
202-742-8542
Bryan Weynand, Legislative Assistant

bweynand@alec.org
202-379-4380
 
 

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 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 


 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 



 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 


 
 


 
 
 
 
 
 
 


 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 


 
 
 
 
 
 



 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 

 
 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 


 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 


 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 

 
 
 
 
 
 
 



 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 



 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 

 
 

 






 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 


 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 



 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 


 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
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Energy, Environment, and Agriculture Task Force Meeting
ALEC’s 2010 States and Nation Policy Summit
December 2, 2010
Meeting Minutes
In attendance:
Public Sector:
Sen. Sylvia Allen, Arizona

Rep. Paul Bandy, New Mexico
Rep. Dave Deyoe, Iowa
Rep. Jim Ellington, Mississippi
Sen. Mike Kopp, Colorado
Sen. Michael Lamoureux, Arkansas
Rep. Rebecca Lockhart, Utah
Rep. Thomas Lockhart, Wyoming
Rep. Dwight Loftis, South Carolina
Sen. William Payne, New Mexico
Rep. John Piscopo, Connecticut
Rep. Larry Powell, Kansas
Rep. Matt Teeters, Wyoming
Rep. Ralph Watts, Iowa
Private Sector:
Daren Bakst, John Locke Foundation

Bob Bartlett, Alliant Energy
Jason Begger, Cloud Peak Energy
Jeff Case, CropLife America
Joseph Cleary, Bayer
Molly Greene, Salt Rover Project
Russell Harding, Mackinac Center for Public Policy
Kathleen Hartnett White, Texas Public Policy Foundation
Tammy Kelch, NRECA
Timothy Kichline, EEI
Kelly Mader, Peabody
Mike McGarey, NEI
Mike McGraw, Occidental Petroleum
Jenn Mendez, Carpet and Rug Institute
Todd Myers, Washington Policy Center
David Roznowski, LyondellBasell
Geoff Simon, MDU Resources Group
Russell Smoldon, Salt River Project
John Stephenson, NTU
Judy Stokey, NV Energy, Inc.
Josh Young, ACC
Steven Heyward of AEI spoke on energy policy in the wake of the collapse of cap-and-
trade.
Chris Wilson of Wilson Research Strategies spoke on the emerging role of natural gas.
Senator Mike Johanns spoke on the EPA threat to American agriculture.
David Asti of Southern California Edison spoke on “Adverse Regulation of Power Plant
Water Use”
The Task Force passed the Resolution to Retain State Sovereignty over Intrastate Water
Resources.
The Task Force passed the Resolution on Best Available Control Technology for Coal-
Based Electric Generation.
Todd Myers of the Washington Policy Center spoke on fresh environmental policy for
new majorities in state legislatures.
Rob Book of Delaware Electric Cooperative spoke on his co-op’s success at meeting
energy needs in Delaware.
The Task Force tabled for a future meeting the Capital Recovery for Clean Energy
Generating Plants Act.
The Task Force tabled for a future meeting the Agricultural Sustainability Act.
The Task Force passed the Resolution in Opposition to the EPA Greenhouse Gas
Tailoring Rule and the Treatment of Biomass Energy.
Mission Statement
The American Legislative Exchange Council’s mission is…
To advance the Jeffersonian Principles of free markets, limited

government, federalism, and individual liberty through a nonpartisan
public-private partnership among America’s state legislators, concerned
members of the private sector, the federal government, and the general
public.
To promote these principles by developing policies that ensure the

powers of government are derived from, and assigned to, first the
People, then the States, and finally the Federal Government.
To enlist state legislators from all parties and members of the private
sector who share ALEC’s mission.
To conduct a policy making program that unites members of the public

and private sector in a dynamic partnership to support research, policy
development, and dissemination activities.
To prepare the next generation of political leadership through

educational programs that promote the principles of Jeffersonian
democracy, which are necessary for a free society.
SCHOLARSHIP POLICY BY MEETING
ALEC Spring Task Force Summit:
1. Spring Task Force Summit Reimbursement Form: ALEC Task Force Members are
reimbursed by ALEC up to $350.00 for travel expenses. Receipts must be forwarded to the ALEC
Policy Coordinator and approved by the Director of Policy.
2. ALEC Task Force Members’ room & tax fees for up to a two-night stay at the host hotel are
covered by ALEC.
3. Registration fees are not covered; however, Task Force Members may submit registration expenses
for payment from their state scholarship account upon approval of the State Chair.
4. Official Alternate Task Force Members (chosen by the State Chair and whose names are given to ALEC
more than 35 days prior to the meeting to serve in place of a Task Force Member who cannot
attend) are reimbursed in the same manner as Task Force Members.
5. State Scholarship Reimbursement Form: Any fees above the set limit, or expenses other than
travel and room expenses can be submitted by Task Force Members for payment from their state
scholarship account upon the approval of the State Chair. Receipts must be submitted to the State
Chair, who will submit the signed form to the Director of Membership.
6. Non-Task Force Members can be reimbursed out of the state scholarship fund upon State Chair
approval. Receipts must be submitted to the State Chair, who will submit the appropriate signed
form to the Director of Membership.
ALEC Annual Meeting:

State Scholarship Reimbursement Form: State scholarship funds are available for reimbursement by
approval of your ALEC State Chair. Expenses are reimbursed after the conference, and may cover the cost
of travel, room & tax, and registration. Receipts are to be submitted to the State Chair, who will then
submit the signed form to the Director of Membership.
ALEC States & Nation Policy Summit:
1. States & Nation Policy Summit Reimbursement Form: ALEC offers two scholarships per
state to cover the cost of travel, room & tax, and registration not to exceed $1,000.00 per
person for a total of $2,000.00 per state. ALEC scholarship recipients must be named by the
ALEC State Chair. Expenses are submitted to the State Chair and reimbursed after the
conference. The State Chair submits the signed form to the Director of Membership.
2. State Scholarship Reimbursement Form: Any other fees or payments must come out of the
state scholarship account, with the approval of the State Chair. Receipts must be submitted to
the State Chair, who submits the signed form to the Director of Membership.
ALEC Academies:
Academy Reimbursement Form: Attendees of ALEC Academies are reimbursed by the Task Force
Committee hosting the Academy. Attendees will receive a form at the Academy, and will be reimbursed up
to $500.00 for travel, and room & tax fees for a two-night stay by ALEC. Receipts must be forwarded to
the appropriate Task Force Director and approved by the Director of Policy.
3/7/11
TASK FORCE OPERATING PROCEDURES
I. MISSION OF TASK FORCES
Assume the primary responsibility for identifying critical issues, developing ALEC
policy, and sponsoring educational activities which advance the Jeffersonian principles of
free markets, limited government, federalism, and individual liberty. The mission will be
accomplished through a non-partisan, public and private partnership between ALEC’s
legislative and private sector members in the specific subject areas assigned to the Task
Force by the Board of Directors.
II. TASK FORCE RESPONSIBILITIES
A. Task Forces have the primary responsibility for identifying critical issues and
developing ALEC’s official policy statements and model legislation appropriate
to the specific subject areas of the Task Force.
B. Task Forces serve as forums for an exchange of ideas and sharing of experiences
between ALEC’s state legislator and private sector members.
C. Task Forces are responsible for developing and sponsoring the following
educational activities appropriate to the specific subject area of the Task Force:
x publications that express policy positions, including, but not limited to State
Factors and Action Alerts;
x educational communication and correspondence campaigns;
x issue specific briefings, press conferences and press campaigns;
x witness testimony and the activities of policy response teams;
x workshops at ALEC’s conferences; and
x specific focus events.
D. The Executive Director is to Task Forces are responsible for developing an annual
budgets, which shall include expenses associated with Task Force meetings and
educational activities. A funding mechanism to finance all meetings and
educational activities proposed by Task Forces must be available before they can
be undertaken.
III. GENERAL PROCEDURES
A. Requests from ALEC members for policy statements, model legislation and
educational activities shall be directed by the Executive Director to the
appropriate Task Force, or the Board of Directors if the issue does not fall within
the jurisdiction of any Task Force. The appropriate Public and Private Sector
Task Force Co-Chairs determine the agenda for each Task Force meeting, and the
meetings will be called and conducted in accordance with these Operating
Procedures.
The Director of Policy with the consent of the Executive Director assigns a model
bill or resolution to the most appropriate Task Force based on Task Force content
and prior jurisdictional history 35 days before a Task Force Meeting. All Task
Force Co-Chairs will be provided an email or fax summary of all model bills and
resolutions 35 days before the Task Force meeting
If both the Co-Chairs of a Task Force are in agreement that they should have
jurisdiction on model legislation or a resolution, the legislation or resolution will
be considered by the Task Force. If the other Task Force Co-Chairs believe they
should have jurisdiction or if the author of the model bill or resolution does not
agree on the jurisdictional assignment of the bill, they will have 10 days after the
35-day mailer deadline to submit in writing or by electronic appeal to the Director
of Policy their intent to challenge the jurisdiction assignment. The Director of
Policy will notify the Executive Director who will in turn notify the National
Chair and the Private Enterprise Board Chair. The National Chair and the Private
Enterprise Board Chair will in turn refer the matter in question to the Board of
Directors Task Force Board Committee. The Director of Policy will establish a
conference call for the Task Force Board Committee co- chairs, the author, the
affected Task Force Co-Chairs and the Director of Policy at a time convenient for
all participants.
The Task Force Board Committee Co-Chairs shall listen to the jurisdictional
dispute by phone or in person within 10 days of the request. If both Task Force
Board Committee Co-Chairs are in agreement that the Director of Policy made an
incorrect jurisdictional referral, only then will the model bill or resolution be
reassigned to a committee as they specify once agreed upon by the National Chair
and the Private Enterprise Board Chair. The bill or model resolution is still
eligible to be heard in whatever Task Force it is deemed to be assigned to as if
submitted to the correct Task Force for the 35-day mailer. The National Chair and
the Private Enterprise Board Chair decision is final on this model bill or
resolution.
Joint referral of model legislation and/or resolutions are allowed if all the affected
Task Force Co-Chairs agree. All model legislation and resolutions that have been
referred to, more than one Task Force must pass the identical language in both
Task Forces within two consecutive Task Force meetings. It is at the Task Force
Co-Chairs discretion how they will handle the hearings of the model legislation or
resolution. Both sets of co-chairs have the ability to call a working group,
subcommittee, or simply meet consecutively or concurrently if necessary.
If the Task Force co-chairs both agree to waive jurisdiction, they may do so as
long as another Task Force still has jurisdiction.
The National Chair and the Private Sector Board Chair will rely upon the Task
B. The National Chair and the Private Sector Board Chair will rely upon the Task
C. The Board of Directors shall have ultimate authority over Task Force procedures
and actions including the authority to create, to merge or to disband Task Forces
and to review Task Force actions in accordance with these Operating Procedures.
Nothing in these Operating Procedures prohibits the Board of Directors from
developing ALEC policy; however, such a practice should be utilized only in
exceptional circumstances. Before the policy is adopted by the Board of
Directors, it should be sent to the Public and Private Sector Task Force Co-Chairs
under whose jurisdiction the matter falls for review and comment back to the
Board of Directors.
D. The operating cycle of a Task Force is two years. A new operating cycle begins
on January 1 of each odd numbered year and ends on December 31 of the
following even numbered year. Task Force activities shall be planned and
budgeted on an annual basis within each two-year operating cycle.
E. At the ALEC Annual Meeting, each Task Force will be responsible for
determining an operating budget for the succeeding calendar year. The Executive
Director will notify the Task Force Co-Chairs, at the ALEC Annual Meeting,
what inflation factor will be used by the Task Force to determine the operating
and programming budgets. Task Force membership and budget information will
be reported to the Executive Director by the Public and Private Sector Task Force
Co-Chairs. The Executive Director will present this information to the Board of
Directors at its regular fall meeting.
F. If a Task Force is unable to develop an operating budget, the Board of Directors

will determine whether to continue the operations of the Task Force. This
determination will be made according to: (1) the level of membership on the Task
Force, and (2) the need for continued services developed by the Task Force for
ALEC.
G. The Board of Directors shall have the authority to allocate limited general support
funds to finance the annual operating budget of Task Forces that meet the
requirements prescribed in Section III (E). The Executive Director shall
determine, and report to the Board of Directors, the amount of general support
funds available to underwrite such Task Forces.
IV. MEMBERSHIP AND MEMBER RESPONSIBILITIES
A. The membership of a Task Force consists of legislators who are members in good
standing of ALEC and are duly appointed to the Task Force, in accordance with
Section VI (A) and private sector organizations that are full members of ALEC,
contribute to the assessment for the Task Force operating budget, and are duly
appointed to the Task Force, in accordance with Section VI (B). Private sector
organizations that were full members of ALEC and contributed the assessment for
the Task Force’s operating budget in the previous year, can be appointed to the
Task Force for the current year, conditional upon renewal of full ALEC
membership and receipt of the current year’s assessment for the Task Force
operating budget prior to March 31st, unless an alternative date has been approved
by the Executive Director.
B. Each Task Force shall have least two Co-Chairs; a Public Sector Task Force Co-
Chair and a Private Sector Task Force Co-Chair. The Public Sector Task Force
Co-Chair must be a member of the Task Force and appointed in accordance with
Section VI (A). The Private Sector Co-Chair must represent a private sector
member of the Task Force and be appointed in accordance with Section VI(B).
The Co-Chairs shall be responsible for:
(1) calling the Task Force and the Executive Committee meetings to
order, setting the agenda and co-chairing such meetings;
(2) appointing and removing legislators and private sector members to
and from the Task Force Executive Committee and subcommittees;
(3) creating subcommittees, and determining each subcommittee’s
mission, membership limit, voting rules, deadlines, and term of
service; and
(4) selecting Task Force members to provide support for and against
Task Force policies during formal Board reviews.
C. Each Task Force shall have an Executive Committee appointed by the Public and
Private Sector Task Force Co-Chairs that is appropriate in number to carry out the
work product and strategic plan of ALEC and the Task Force. The Executive
Committee shall consist of the Public Sector Task Force Co-chair, the Private
Sector Task Force Co-Chair, the subcommittee co-chairs, and the remainder will
be an equal number of legislative and private sector Task Force members. The
Executive Committee will be responsible for determining the operating budget
and proposing plans, programs and budgets for the succeeding year in accordance
with (Section V (B); determining if a proposed educational activity conforms to a
previously approved model bill, resolution or policy statement in accordance with
(Section IX (F); and determining if an emergency situation exists that justifies
waiving or reducing appropriate time limits in accordance with (Section VIII (H)).
D. Each Task Force may have any number of subcommittees, consisting of Task
Force members and advisors to focus on specific areas and issues and make
policy recommendations to the Task Force. The Task Force Co-chairs, shall
create subcommittees and determine each subcommittee’s mission, membership
limit, voting rules, deadlines, and term of service. Any model bill, resolution or
policy statement approved by a subcommittee must be approved by the Task
Force before it can be considered official ALEC policy.
E. Each Task Force may have advisors, appointed in accordance with Section VI
(G). Advisors shall assist the members and staff of the Task Force. They shall be
identified as advisors on official Task Force rosters, included in all official Task
Force mailings and invited to all Task Force meetings. Advisors may also have
their expenses paid at Task Force meetings covered by the Task Force operating
budget with the approval of the Task Force Co-Chairs. An advisor cannot be
designated as the primary contact of a private sector Task Force member, cannot
be designated to represent a private sector Task Force member at a Task Force,
Executive Committee, or subcommittee meeting, and cannot offer or vote on any
motion at a Task Force, Executive Committee, or subcommittee meeting.
V. Task Force Budgets
A. Each Task Force shall develop and operate a yearly budget to fund meetings.
B. The operating budget shall be used primarily to cover expenses for Task Force
meetings, unless specific funds within the budget are authorized for other use by
the Task Force. The operating budget shall be assessed equally among the private
sector members of the Task Force. The Executive Director, in consultation with
the Task Force Co-Chairs shall determine which costs associated with each
meeting will be reimbursed from the operating budget. Any funds remaining in a

Task Force’s operating budget at the end of a year are transferred to ALEC’s
general membership account.
C. The operating budget shall not be used to cover Task Force meeting expenses
associated with alternate task force members’ participation, unless they are
appointed by their State Chair to attend the Spring Task Force Summit with the
purpose to serve in place of a Task Force Member who is unable to attend. Task
Force meeting expenses of alternate task force members shall be covered by their
state’s scholarship account.
D. The programming budget shall be used to cover costs associated with educational
activities. Contributions to the programming budget are separate, and in addition
to operating budget contributions and annual general support/membership
contributions to ALEC. The Executive Director shall determine the contribution
required for each educational activity.
VI. PROCESS FOR SELECTING TASK FORCE MEMBERS, CHAIRS, COMMITTEES

AND ADVISORS
A. Prior to February 1 of each odd-numbered year, the current and immediate past
National chairman will jointly select and appoint in writing three legislative
members and three alternates to the Task Force who will serve for the current
operating cycle, after receiving nominations from ALEC’s Public and Private
State Chairs, the Executive Director and the ALEC Public and Private Sector
members of the Board. At any time during the year, the National Chairman may
appoint in writing new legislator members to each Task Force, except that no
more than three legislators from each state may serve as members of any Task
Force, no legislator may serve on more than one Task Force and the appointment
cannot be made earlier than thirty days after the new member has been nominated.
In an effort to ensure the nonpartisan nature of each Task Force, it is
recommended that no more than two legislators of any one political party from
the same state be appointed to serve as members of any Task Force. A preference
will be given to those ALEC legislator members who serve on or chair the
respective Committee in their state legislature. A preference will be given to
legislators who sponsor ALEC Task Force model legislation in the state
legislature.
B. Prior to January 10 of each odd-numbered year, the current and immediate past
National Chairman will jointly select and appoint in writing the Task Force Chair
who will serve for the current operating cycle, after receiving nominations from
the Task Force. Nominations will be requested by the outgoing Task Force Chair
and may be placed in rank order prior to transmittal to the Executive Director no
later than December 1 of each even-numbered year. No more than five names
may be submitted in nomination by the outgoing Task Force chair. The current
and immediate past National Chairmen will jointly make the final selection, but
should give strong weight to the recommendations of the outgoing Task Force
Chair. In an effort to empower as many ALEC leaders as possible, State Chairs
and members of the Board of Directors will not be selected as Task Force Chairs.
Task Force Chairs shall serve for one operating cycle term. Where special
circumstances warrant, the current and immediate past National Chairmen may
reappoint a Task Force Chair to a second operating cycle term.
C. Prior to February 1 of each odd numbered year, the Public and Private Sector
Task Force Co-Chairs will select and appoint in writing the legislative and private
sector members of the Task Force Executive Committee, who will serve for the
current operating cycle. The Public and Private Sector Task Force Co-Chairs will
select and appoint in writing the legislative and private sector members and
advisors to any subcommittee.
D. Prior to February 1 of each year, the Private Enterprise Board Chair and the
immediate past Private Enterprise Board Chair will select and appoint in writing
the private sector members to the Task Force who will serve for the current year.
The appointment letter shall be mailed to the individual designated as the primary
contact for the private sector entity. At any time during the year, the Chair of the
Private Enterprise Board may appoint in writing new private sector members to
each Task Force, but no earlier than thirty days after the new member has
qualified for full membership in ALEC and contributed the assessment for the
appropriate Task Force’s operating budget.
E. Prior to January 10 of each odd-numbered year, the Chair of the Private

Enterprise Board and the immediate past Private Enterprise Board Chair will
select and appoint in writing the Task Force Private Sector Co-Chair who will
serve for the current operating cycle, after receiving nominations from the Task
Force. Nominations will be requested by the outgoing Task Force Private Sector
Chair and may be placed in rank order prior to transmittal to the Chair of the
Private Enterprise Board. The Chair and the immediate past Chair of the Private
Enterprise Board will make the final selection, but should give strong weight to
the recommendations of the outgoing Private Sector Task Force Co-Chair. In an
effort to empower as many ALEC private sector members as possible, Private
Enterprise State Chairs and members of the Private Enterprise Board will not be
selected as Private Sector Task Force Co-Chairs. Private Sector Task Force Co-
Chairs shall serve for one operating cycle term. Where special circumstances
warrant, the current and immediate past Chair of the Private Enterprise Board
may reappoint a Task Force Private Sector Chair to a second operating cycle term.
F. Prior to February 1 of each odd-numbered year, the Task Force Private Sector Co-
Chair will select and appoint in writing the private sector members of the Task
Force Executive Committee, who will serve for the current operating cycle. The
Task Force Private Sector Co-Chair shall select and appoint in writing the private
sector members of any subcommittees.

G. The Public and Private Sector Task Force Co-Chairs, may jointly appoint subject
matter experts to serve as advisors to the Task Force. The National Chair and the
Private Enterprise Board Chair may also jointly recommend to the Task Force Co-
Chairs subject matter experts to serve as advisors to the Task Force.
VII. REMOVAL AND VACANCIES
A. The National Chair may remove any Public Sector Task Force Co-Chair from his
position and any legislative member from a Task Force with or without cause.
Such action will not be taken except upon thirty days written notice to such Chair
or member whose removal is proposed. For purposes of this subsection, cause
may include failure to attend two consecutive Task Force meetings.
B. The Public Sector Task Force Co-Chair may remove any legislative member of an
Executive Committee or subcommittee from his position with or without cause.
Such action shall not be taken except upon thirty days written notice to such
member whose removal is proposed. For purposes of this subsection, cause may
include failure to attend two consecutive meetings.
C. The Chairman of the Private Enterprise Board may remove any Private Sector
Task Force Co-Chair from his position and any private sector member from a
Task Force with cause. Such action shall not be taken except upon thirty days
written notice to such Chair or member whose removal is proposed. For purposes
of this subsection, cause may include but is not limited to the non-payment of
ALEC General Membership dues and the Task Force dues. .
D. The Private Sector Task Force Co-Chair may remove any private sector member
of an Executive Committee or subcommittee from his position with cause. Such
action shall not be taken except upon thirty days written notice to such member
whose removal is proposed. For purposes of this subsection, cause may include
but is not limited to the non-payment of ALEC General Membership dues and the
Task Force dues.
E. The Public and Private Sector Task Force Co-Chairs may remove an advisor from
his position with or without cause. Such action shall not be taken except upon
thirty days written notice to such advisor whose removal is proposed.
F. Any member or advisor may resign from his position as Public Sector Task Force
Co-Chair, Private Sector Task Force Co-Chair, public or private sector Task
Force member, Task Force advisor, Executive Committee member or
subcommittee member at any time by writing a letter to that effect to the Public
Sector and Private Sector Task Force Co-Chairs. The letter should specify the
effective date of the resignation, and if none is specified, the effective date shall
be the date on which the letter is received by the Public and Private Task Force
Co-Chairs.
G. All vacancies for Public Sector Task Force Co-Chair, Private Sector Task Force
Co-Chair, Executive Committee member and subcommittee member shall be
filled in the same manner in which selections are made under Section VI. All
vacancies to these positions must be filled within thirty days of the effective date
of the vacancy.
VIII. MEETINGS
A. Task Force meetings shall only be called by the joint action of the Public and
Private Sector Task Force Co-Chairs. Task Force meetings cannot be held any
earlier than thirty-five days after being called, unless an emergency situation has
been declared pursuant to Section VIII(H), in which case Task Force meetings
cannot be held any earlier than ten days after being called. It is recommended
that, at least once a year, the Task Forces convene in a common location for a
joint Task Force Summit. Executive Committee meetings shall only be called by
the joint action of the Public and Private Sector Task Force Co-Chairs and cannot
be held any earlier than three days after being called, unless the Executive
Committee waives this requirement by unanimous consent.
B. At least forty-five days prior to a task force meeting any model bill, resolution or
policy must be submitted to ALEC staff that will be voted on at the meeting. At
least thirty-five days prior to a Task Force meeting, ALEC staff shall distribute
copies of any model bill, resolution or policy statement that will be voted on at
that meeting. This requirement does not prohibit modification or amendment of a
model bill, resolution or policy statement at the meeting. This requirement may
be waived if an emergency situation has been declared pursuant to Section
VIII(H).
C. All Task Force meetings are open to registered attendees and invited guests of
ALEC meetings and conferences. Only regular Task Force Members may
introduce any resolution, policy statement or model bill. Only Task Force
members will be allowed to participate in the Task Force meeting discussions and
be seated at the table during Task Force meetings, unless otherwise permitted by
the Public and Private Sector Task Force Co-Chairs.
D. ALEC private sector member organizations may only be represented at Task

Force and Executive Committee meetings by the individual addressed in the
appointment letter sent pursuant to Section VI(D) or a designee of the private
sector member. If someone other than the individual addressed in the
appointment letter is designated to represent the private sector member, the
designation must be submitted in writing to the Public and Private Sector Task
Force Co-Chairs before the meeting, and the individual cannot represent any other
private sector member at the meeting.

E. All Task Force and Executive Committee meetings shall be conducted under the
guidelines of Roberts Rules of Order, except as otherwise provided in these
Operating Procedures. A copy of the Task Force Operating Procedures shall be
included in the briefing packages sent to the Task Force members prior to each
meeting.
F. A majority vote of legislative members present and voting and a majority vote of
the private sector members present and voting, polled separately, are required to
approve any motion offered at a Task Force or Executive Committee meeting. A
vote on a motion to reconsider would be only with the sector that made the
motion. Members have the right, in a voice vote, to abstain and to vote present by
roll-call vote. In all votes a member can change their vote up until the time that
the result of the vote is announced. Only duly appointed members or their
designee as stated in Section VIII (D) that are present at the meeting may vote on
each motion. No proxy, absentee or advance voting is allowed.
G. The Public Sector Task Force Co-Chair and the Private Sector Task Force Co-
Chair, with the concurrence of a majority of the Executive Committee, polled in
accordance with Section VIII (F), may schedule a Task Force vote by mail or fax
any form of electronic communication on any action pertaining to policy
statements, model legislation or educational activity. The deadline for the receipt
of votes can be no earlier than thirty-five days after notification of the vote is
mailed or faxed notified by any form of electronic communication, unless an
emergency situation is declared pursuant to Section VIII (H), in which case the
deadline can be no earlier than ten days after notification is mailed or faxed
notified by any form of electronic communication. Such votes are exempt from
all rules in Section VIII, except: (1) the requirement that copies of model
legislation and policy statements be mailed or faxed notified by any form of
electronic communication with the notification of the vote and (2) the requirement
that a majority of legislative members voting and a majority of the private sector
members voting, polled separately, is required to approve any action by a Task
Force.
H. For purposes of Sections VIII(A), (B) and (G), an emergency situation can be
declared by:
(1) Unanimous vote of all members of the Task Force Executive

Committee present at an Executive Committee meeting prior to the
meeting at which the Task Force votes on the model bill, resolution
or policy statement; or
(2) At least three-fourth majority vote of the legislative and private
sector Task Force members (voting in accordance with Section
VIII (F)) present at the meeting at which the members vote on the
model bill, resolution or policy statement.

I. Ten Task Force members shall constitute a quorum for a Task Force meeting.
One-half of the legislative and one-half of the private sector members of an
Executive Committee shall constitute a quorum for an Executive Committee
meeting.
IX. REVIEW AND ADOPTION PROCEDURES
A. All Task Force policy statements, model bills or resolutions shall become ALEC
policy either: (1) upon adoption by the Task Force and affirmation by the Board
of Directors or (2) thirty days after adoption by the Task Force if no member of
the Board of Directors requests, within those thirty days, a formal review by the
Board of Directors. General information about the adoption of a policy position
may be announced upon adoption by the Task Force.
B. The Executive Director shall notify the Board of Directors of the approval by a
Task Force of any policy statement, model bill or resolution within ten days of
such approval. Members of the Board of Directors shall have thirty days from the
date of Task Force approval to review any new policy statement, model bill or
resolution prior to adoption as official ALEC policy. Within those thirty days,
any member of the Board of Directors may request that the policy be formally
reviewed by the Board of Directors before the policy is adopted as official ALEC
policy.
C. A member of the Board of Directors may request a formal review by the Board of
Directors. The request must be in writing and must state the cause for such action
and a copy of the letter requesting the review shall be sent by the National
Chairman to the appropriate Task Force Chair. The National Chairman shall
schedule a formal review by the Board of Directors no later than the next
scheduled Board of Directors meeting.
D. The review process will consist of key members of the Task Force, appointed by
the Task Force Chair, providing the support for and opposition to the Task Force
position. Position papers may be faxed or otherwise quickly transmitted to the
members of the Board of Directors. The following is the review and adoption
procedures:
x Notification of Committee: Staff will notify Task Force Chairs and the entire task
force when the Board requests to review one of the Task Forces’ model bills or
resolutions.
x Staff Analysis: Will be prepared in a neutral fashion. The analyses will include:
o History of Task Force action
o Previous ALEC official action/resolutions
o Issue before the board
o Proponents arguments
o Opponents arguments
x Standardized Review Format: To ensure fairness, a set procedure will be used as

the format to ensure the model bill/resolution has a fair hearing before the Board.
o Task Force Chair(s) will be invited to attend the Board Review
o Task Force Chair(s) will decide who will present in support and in
opposition for the model bill/resolution before the Board.
o Twenty minutes that is equally divided will be given for both sides to
present before the Board.
o It is suggested that the Board not take more than twenty minutes to ask
questions of the presenters.
o Presenters will then be excused and the Board will have a suggested
twenty more minutes for discussion and vote.
o All votes will be recorded for the official record.
x Notification of Committee: The Director of Policy will notify presenters

immediately after the vote. If the Board votes to send the model bill/resolution
back to the task force, the Board will instruct the Director of Policy or another
board member what to communicate.
E. The Board of Directors can:
(1) Vote to affirm the policy or affirm the policy by taking no action, or
(2) Vote to disapprove the policy, or
(3) Vote to return the policy to the Task Force for further consideration
providing reasons therefore.
F. Task Forces may only undertake educational activities that are based on a policy
statement, model bill or resolution that has been adopted as official ALEC policy,
unless the Task Force votes to undertake the educational activity, in which case
the educational activity is subjected to the same review process outlined in this
Section. It is the responsibility of the Task Force Executive Committee to affirm
by three-fourths majority vote conducted in accordance with Section VIII that an
educational activity conforms to a policy statement, model bill or resolution.
X. EXCEPTIONS TO THE TASK FORCE OPERATING PROCEDURES.
Exceptions to these Task Force Operating Procedures must be approved by the Board of
Directors.

JVl 12 mi
MERON
EGISW1M
tii\.JXCH4NGE
HlllteOUNCIL
July 10, 1991
Mr. K u r t L. Mhlmgr e n
Sr. V . P . , Stats Activities
Tobacco I n s t i t u t e
1875 Eye S t r e e , NW
Washington DC 20006
D e a r W j M ^ ^'en:
"It is and always has been an American zeal t o be f i r s t

in anything we do and t o win and t o win and t o w i n . "
Vince Lombardi
T h r o u g h o u t my c a r e e r , I have found many of t h e t h o u g h t s and convictions

of Vince Lombardi to be both insightful and motivational. One of t h e
g r e a t e s t football coaches in h i s t o r y , Lombardi knew how to compete a n d ,
most of all, he knew how to win! He recognized t h e inescapable fact that
the human potential h a s no limiting b o u n d a r i e s .
As a dynamic, positive force for economic growth a n d change, ALEC

| continues to learn and to s h a r e a g r e a t deal about competition and human
\|\ . ^ p o t e n t i a l . One h u n d r e d p e r c e n t of o u r e n e r g y a n d effort goes into
• ' winning t h e public policy debate and championing a free market economy
i r o - b u s i n e s s , p r o - g r o w t h , pro-freedom, limited government agenda.
winning is what ALEC is all about!
rinnjng<fs7the operative word. It is an experience you can appreciate

bec#Tise winning t h e public policy debate will continue to have a
lendous positive effect on the "bottom line" of y o u r company.
ining is an a t t i t u d e uniquely common to t h e American spirit, to
each of u s as individuals, and to ALEC as a team. At ALEC, we b r i n g
t o g e t h e r , in an intellectually and challenging environment, state
legislators a n d corporate and b u s i n e s s e x e c u t i v e s , wherein we p r o v i d e the
mixture of determination, dedication, p r e p a r a t i o n , and teamwork — those
elements so n e c e s s a r y to winning!
Whether t h e ALEC e v e n t is an Annual Meeting, a Presidential and Cabinet

Briefing, the National Orientation Conference, t h e all important Task Force
Meetings, the- National Lo^jdershjp Summits, or the I s s u e s Workshops, ALEC
assemblies provide t h e information^ t h e ideas^ the* motivation a n d t h e
o p p o r t u n i t y t h a t fosters t h e ALEC n c a n d o " , whining a t t i t u d e .
7
a k)luw^ Ltw^cffrf ,
214 Massachusetts Are* N.£. • Washington^ ftC 2O0O2 • 2Q2/54T4&4&
Source: http://industrydocuments.library.ucsf.edu/tobacco/docs/rgjf0048
The success we presently enjoy .. . t h e k e y legislation t h a t h a s been
enacted and t h e important dialogue t h a t h a s b e g u n , a r e j u s t t h a t - - a
b e g i n n i n g . To keep winning, to keep America moving forward in a free
market economy, pro-growth, p r o - b u s i n e s s , pro-freedom direction, ALEC
needs y o u r enthusiastic support and personal commitment.
"The object is to win - to beat the other guy. it's a

reaiity of iife that men are competitive and the most
competitive games draw the most competitive men.
That's why they are there - to compete. They know the
rules and the objectives when they get in the game. The
objective is to win - fairly, squarely, decently, by the
rules - but to win!"
It is my hope and t r u s t that you have not only experienced firsthand the
winning tradition of ALEC, but that you will help u s e x t e n d t h e effort to
others in a similar, meaningful and tangible way as well, for example:
introducing me to a friend or colleague whose company is not

an ALEC member so that together we can encourage them
to join and support ALEC;
Providing the financial support required to offer the

best and most comprehensive programs for ALEC legislative
members including Workshop sponsorship at the 1991 ALEC
Annuai Meeting, scholarship assistance for ALEC Legislative
members needing support to attend the Annual Meeting,
and active membership on ALEC Task Forces;
Communicating your interests, concerns, and goals

so that ALEC can offer you the support needed to
reach that important goaf — winning]
The state capitols of America are the battlefields where the competition in
the public policy debate is most intense . . . where t h e decisions having the
greatest impact on the potential for success of y o u r organization are
being decided e v e r y d a y . Through education, open dialogue, a n d
tremendous intellectual development, ALEC is setting the agenda and
changing the terms of the debate in the state capitols of America. ALEC is
your invitation to not merely be a s p e c t a t o r , but to come out of the
s t a n d s , onto the Field, and to play an active role in our determined effort
to win.
"I firmly believe that any person's finest hour — his

greatest fulfillment to all he holds dear is that moment when
he has worked his heart out in a good cause and lies exhausted
on the field of battle Victorioust"
To illustrate how effective ALEC h a s become I h a v e enclosed a copy of a
special r e p o r t . . . "Burgeoning Conservative Think Tanks",
published by the liberal oriented National Committee for Responsive
Philanthropy. When you win unsolicited praises from your opponents, you
know you have a r r i v e d ! ALEC is now center s t a g e , at the cutting edge of
the public policy debate now being waged in state capitols across the
country.
Can ALEC count on you? I know we can, and to t h a t end, I, or Garland

McCoy, will be calling you within the next few weeks to discuss how we
can continue to work together for our mutual benefit. You have often h e a r d
u s s a y — " C o m e to where the action i s ; come to ALEC." T r u e as that
continues to b e , I would like to offer this additional invitation as well,
"Come to where the winning i s ; come to AUBC!"
Sincerely,
Sarmiel A. Brunelli
ExecTitive Director
Enclosure
!tJ| J *,- T
is
199!'
Burgeoning Conservative Think Tanks

National Committee for Responsive Philanthropy
lion worth of programs would be turned
Public Policy Initiatives Shifting over in a single consolidated grant "for
flexible management by the states." The
To Jefferson City, Olympia, Albany proposal was endorsed by the National
Governor's Association, eager to have
States are the public policy battle- Dixiecrats, broke with the Democratic more control over federal monies.
groundof the 1990s, according to people Party over its support of federally-man- Tlie governors* response indicates
across thepolitical spectrum, fromright- dated civilrightsmeasures. that Reagan's new federalism may not
wing think tanks toPresidentBush to the Statesrightswere further given the result in a diminished role for govern-
progressive Center for Policy Alterna- conservative imprimatur when Ronald mentas he intended. Instead, many states
tives. Justice Louis Brandeis's observa- Reagan announced his "new federal- aggressively are trying to fill the void
tion that states are the laboratories of ism "Responsibility for social programs left by budget cuts in Washington.
democracy is being quoted from all began to be shifted from the federal "When you have a federal govern-
quarters. government to the stales. Funds were ment that for eight years in the 1980s
For decades "states rights" were cut and consolidated in the form of block basically shut down all sorts of environ-
viewed by progressives as a euphemism grants. This trend was stepped up when mental, worker, health and human so-
for preserving racial discrimination. In President Bush announced in his recent cial service programs, there becomes
1948. States Rights Democrats, or State of the Union address that $15 bil- (continued on p. 6)
THE MADISON GROUP: cies. Books and videotapes are also pro-
duced, and many maintain a speakers*
Heritage Foundation Offshoots bureau.
"The entrepreneurial growth of
Seek to Influence State Legislation conservative and libertarian policy
groups on the state and local scene has
"We simply will not have power on Dallas puts it), which are widely circu- been one of the sleeper trends of Ameri-
the national level until we declare war lated to the media, elected officials, can government in the 1980s," accord-
on state legislatures," declared Don E. business leaders and government agen- (continued on p. 2)
Eberly, president of the Commonwealth
Foundation for Public Policy Alterna-
tives, Harrisburg, PA, in an address be-
fore the Heritage Foundation.
INSIDE:
Eberly's think tank is one of some Liberal Foundations Una ware
55 public policy institutes that have of Right's State Efforts..-5
sprung up in 29 states in theaftermath of
Ronald Reagan's "new federalism." Free-Market Solutions to
While the think tanks share a strong free Education, Poverty Bis-*. 7
market, anu-government philosophy,
they represent a mix of Goldwatercon- Progressive Policy Centers
servatism.liberiarianismandNew Right Influencing States .. 8
ideology.
Close-Upson
Slate level think tanks provide the
rationale and local spin needed to win Three Conservative
over sympathetic legislators to the con- Think Tanks ~ _ _ ^ » . 1 3
servative agenda. Patterned after the
Publications List U « S f * i f c ^ * **-**.^J&
aieirisaienafs^g
often in the form of brkf policy American Legislative
backgrounders ('For people with lim- Exchange Council's
ited time and a need to know," as the Growing Clout 20
Nauonal Center for Policy Analysis in Don Eberlj
Editorial Conservative,LibertarianThinkTanks
Thesocialandpoliticalfutureof
our nation increasingly will depend
Articulate Diverse Populist Themes
(continuedfrom p. 1)
on public policymaking at the stale
level. More and more decisions that ing loan article in Heritage Foundation's Each think tank distributes thick packets
directly affect people's lives — on Policy Review, by John K. Andrews, Jr., of press clippings it has garnered, from
issues such as housing, environmen- president of the Independence Institute, The Wall Street Journal to right-wing
tal protection, health insurance,pub- Golden, CO. "The proliferation of intel- journals and small-town newspapers.
lic education, poveny and discrimi- lectual resources on the Right and the "One way we measure our success is to
nation—arebeing made in the states. revolution in information technology count newspaper and magazine clip-
The funding community has have made it possible." pings that refer to Heartland research
responded to this shift by support- The think tanks are loosely affili- and tally their circulation " according to
ing many worthwhile programs at ated through the Madison Group,
the local and state level. But more launched by the American Legislative
could be done to develop a progres- Exchange Council or ALEC (see story,
sive vision for the country. pf20) and housed in the Chicago-based
Policy centers or think tanks Heartland Institute. Founded in 1986,
have an important role to play. the Madison Group acts as a communi-
Think tanks can focus attention on cation link among its 79members, which
problems and propose innovative include not only state think tanks, but
solutions with a credibility activist also conservative legal foundations and
organizations sometimes do not national groups like ALEC, Heritage
have. Their ideas and research can Foundation and the National Rifle As-
be useful to progressive advocates sociation. Members receive a bimonthly
and legislators who have too little newsletter, The Madison Report* a
time and resources for the critical membership directory and may attend
changes they seek in their states an annual workshop sponsored by Heri- Robert Woodson of National Center for
and our nation as a whole. tage and the Free Congress Foundation Neighborhood Enterprise advises Madison
By showing the sophisticated to discuss policy and develop strategy. Group members
network of legislators and think Heartland Institute literature.
tanks on the Right and by offering
Some, like the Independence Insti-
models of progressive think tanks, "The entrepreneurial tute, Commonwealth Foundation and
this report hopes to spark interest
growth of conservative and the Washington Institute for Policy S tud-
and discussion about public policy
ies in Bellevue, Wash., were created by
development in the coming decade. libertarian policy groups d^nchantedWhiteHouseinsiders,who
Robert O.Bothwell
on the state and local felt they would be able to make more
meaningful contributions at the state
scene has been one of the level. Others, like the Heartland Insti-
This is a speical issue of Responsive sleeper trends of American tute and John Locke Foundation in Ra-
Philanthropy, the quarterly newsletter
of the National Committee for Respon- government in the 1980s." leigh, were created by local business-
sive Philanthropy, 2001 S St., N.W., men, anxious to have theirpoint of view
Suite 620, Washington, D.C. 20009. better represented in policy debates.
(202)387-9177. In Andrews* article, called "So You Despite their corporate support and
Subscriptions are S25 per year. Want to Start a Think Tank — A Battle- agenda, conservative think tanks are
field Report from the States," he offers adept at speaking in populist terms.
Executive Director:
this blueprint Find an energetic and ver- "Welfare for the Rich," is the lead for
Robert O.Bothwell
Director of Field Operations: satilefrontperson who can lead the group. an article on HUD block grant programs
Kevin Ronnie Assemble a working board of recogniz- to prosperous cities. "Building con-
Speelal Report £dkor; able namesfromthe business and politi- sensus " says another, and 4Ten Com-
BeihEaker cal communities.Recruitacademics. Seek mandments for a Succcessful Public
Research Advisor: businessmen who can be angels for fte Interest Strategy.** Other recurring
Dave "Ransom fledgling center. Locatesrrategicallydosc themes are empowerment for the poor
Production: to the seat of government* industrial cen- and consumer choice.
Rock Creek Publishing ters, and major media markets. The libertarian streak is al so stron-
T 01991 Kwicnal Cony Media coverage is a prime goal for ger in think tank philosophy than in
Responsive Philanthropy legitimizing the conservative agenda. (continued on p. 4)
2 Responsive Philanthropy S p r i n g 1^9i
Members of the Madison Group
Western Region Coopemting organizations:
• California Public Policy Citizens for a Sound
Foundation Economy
Sherman Oaks. CA Washington, DC
• Capitol Resource National Rifle Association
Institute of America
Sacramento, CA Washington,DC
• Qaremont Institute National Taxpayers Union
Monlclair, CA Washington, DC
• Institute for Insutute for Humane
Contemporary Studies Studies
San Francisco, CA Fairfax, VA
• Pacific Legal
Foundation
Sacramento, CA
Northeast Region
• Atlantic Legal
• Pacific Research Foundation
Institute for Public New York, NY
Policy
San Francisco, CA it Commonwealth
Foundation for Public
9 Reason Foundation Policy Alternatives
Santa Monica, CA Shaded areas indicate states with Madison Group members Harrisburg, PA
• Rose Institute for Stale it Ethan Allen Institute
and Local Government, Center for Independent • Rockford Institute • American Studies Windsor. VT
Garemonl McKenna Thought Rochford, IL Institute,
College San Francisco, CA Harding University • New England Center for
it Hie Mackinac Center Political Studies and
Ciaremonl, CA Searcy, AR
National Inholders Midland, MI Research
it Utah State University Association it Center of the American • Free Market Foundation Springfield, MA
Institute of Political Battle Ground, WA Dallas, TX
Experiment • New England Legal
Economy Pattern Research Minneapolis. MN • Institute for Policy
Logon, UT Foundation
Denver, CO Innovation Boston, MA
it Constitutional Coalition
it Washington Institute for SL Louis, MO Lewisville, TX
Policy Studies it Pioneer Institute
• National Center for
Believue, WA Midwest Region • Landmark Legal
Policy Analysis
Boston, MA
Foundation it Public Affairs Research
• Wyoming Heritage • American Federation of Dallas, 7X
Kansas City, MO
Society Small Business Institute for New Jersey
Chicago, IL • Texans for an Informed
Casper, WY it Wisconsin Policy Princeton, NJ
Public
* The Heartland Insutute Research Institute it Yankee Institute for
• Political Economy Houston, TX
Chicago, IL Milwaukee, WI Public Policy Studies
Research Center
Detroit, MI Cooperating organizations: it Texas Public Policy Norwalk, CT
Boltman, MT
Foundation
Kansas City, MO Hillsdale College (Shavano
• Foundation for Research San Antonio, TX Cooperating organizations:
St. Louis, MO Insutute)
on Economics and the Cleveland, OH Foundation for Economic
Hillsdale, MI • Law and Economic
Environment (F.R.E.E.) Milwaukee, WI Education
Center,
Bozeman, MT Irving-on-Hudson, NY
* Indiana Policy Review University of Miami
• Center for Market Southern Region Coral Cables, FL
Foundation Institute for American
Alternatives Values
Fort Wayne, IN • American Legislative • James Madison Institute
Caldwell, ID Dudley, MA
• Institute for Business Exchange Council for Public Policy Suidies
it Barry Goldwater Ethics, Washington, DC Tallahassee, FL Pennsylvania Family
Institute for Public Institute
DcPaul University • Competitive Enterprise • Mississippi Center for
Policy Research
Chicago, IL Institute Public Policy Studies Harrisburg, PA
Flagstaff. AZ
• Lincoln Legal Washington, DC University, MS
it Independence Insutute
Foundation it John Locke Foundation
Golden, CO
Chicago, IL
• The Heritage Foundation
Washington, DC Raleigh, NC Key:
• Mountain State Legal * Conservative stale
• The Mid-America Legal • The Center for it South Carolina Policy think tanks
Foundation Foundation Individual Rights Council
Denver, CO • Other eonsefvative
Chicnjn.IL Washington, DC 23S3? Volumbis, SC
Cooperating organizations: think tanks and
# New- Coalition tot ^ 5eq»ei* Iimirsie • South Foundation
Advocates forSelf- Economic and Social Washington. DC KnoxviSte, 7N
Govcmmcnt Change B Conservative legit
it Southwest Policy foundations
Fresno, CA Chicago, IL
roundition Institute
Consumer Alert # Specular Edmond. OK Note: "Cooperating
WashingtonADC
Modtsto. C4 Chicago IL organizations" are not
m Atlas Economic shown on map
Independent Institute •k Urban Policy Research Research Foundation
Oakland. CA Institute Fairfax. VA
S&vrttt. A££C. fftafii&fi£&vs&*l£
Spring 1991 Responsive Philanthropy 3
TI24220426
Madison Group
(continuedfromp. 2)
many corporate boardrooms. Loyalty to
the Free market and aversion to govern- 1 1 1 1 WASHINGTON Newsletter
ment manipulation are benchmarks of l l l l INSTITUTE™™"
milMHS
this movement. Chrysler-type bailouts
would not happen under their leadership, VotumaS Number 2 Jur* 1*90
nor would taxpayer subsidies to farmers.
These think tank, conservative,
supply-side hot dogs have been arguing INSTITUTE HITTING IT BIG
for deregulation and unleashing capital-
In the la* few month* the Washuigra Insuiule has
ism in ihe private sector—without con- auined Muxes* on three separate frunix:
sidering that the consequences are con- Our .11-pram profram to help busmesj people cut
centrated wealth and speculation " com- Ihruuyh bureaucracy and red lape hi* received enormous
vnowKt of medu u e n u m and credibility m»Mui| endoree-
plainedrenegadeRepublican author Kevin ncno from piliuca) leaden m both pwltcv (ice [age * •
Phillips in a recent interview in People Educaux) refunn, lhat », *wo*<«^Jedik,*unn re-

form (tot j «in*{ FXCKI in Otvmpu *hcn (he "cdixiurm
magazine. choice "prnj\i>»!. * Inch the lulieuics/tinfK *upp.*ied.««ort
unctperi&l )cf"laii*r appro**) The measure »i)JaJk>» p»>
While generally united in their view enb murh mote (reetkvn and diWTtuun ir ilex tdmf. * he/f tfwif
of the world, the think tanks vary in their cruMrcn shouU aiicnd school (see paee V>
missions. About half are focused prima- And firulK. Barry Goldwaier.
rily on influencing public policy in their The fjihri <* American convert auxm rairl* vatek
ociMtle r»\ Nvnc sate of AniJitu these d»yj. hut he aprccJ ui
states (see map, p. 3). Others are more fit u» Sc*ule or June 37th to he honored by uV % aU.mp.vt
Insuiute It »ill be Uv high point in oui Tise-ycat cxittttke
national in scope, but have state public nee p^ê 2; Goldwater to Address Institute Supporters
policy components. Still others are "co-
operating organizations" which share the r
v
"conservative, libertarian or good gov-
ernment" vision, but do not focus on state INSIDE
policy.
PlQt
"Free market environmentalism" is
Barry Goldwater in Bellevue 2
one of the main concerns of the Political
Economy Research Center (PERC), in Education Choice- Institute Success 3
Bozeman, MT. Opinion leaders are Smpo.ig the Red Tape 4
brought to a scenic conference center in Recutaiory Reliei Support 5

the mountains for seminars and recre-
ation. In 1988, for example, PERC re- The May Ccver ol Sound Business
ceived a 550,000 grant from the Olin
Foundation for a conference for congres- Newsletter of Madison Group member In Bdlevue, WA
sional staff. That same year, Bradley
Foundation gave 542,400 for PERCs Institute to receive its Columbia Award, Scaife, Adolph Coors and Bradley Foun-
National Journalists Conference on Eco- given each year 41o the individual who dations have all contributed significant
nomics and Protection of the Environ- best exemplifies the principles of indi- sums, in grants ranging from $10,000 to
ment vidual freedom and limited government/' $100,000.
The Dallas-based National Center (Tickets fortheawards dinnerwere$175, The role of the think tanks is not
for Policy Analysis, claiming to draw "on SI50 of which was tax deductible.) intellectual so much as political in nature.
the best minds in the academic world," Among the other names and faces They focus on Fiscal issues and have
takes credit for being thefirst"to identify' appearing on think tank literatureareRep. adopted a pragmatic style, stressing their
the economic benefits of a space-based Newt Gingrich, Midge Decter, a leading bipartisanship.
defense system," "to show that minorities neoconservative and executive director "Kill your darlings," advises
havs- the most to gain from privatizing of Committee for a Free World, Burton Andrews, referring to the- Right's ten-
Social Security and Medicare." and "to Yale Pines, research director for Heritage dency to use ideology in their writing.
show that the Reagan tax program has Foundation, and Robert Woodson, a And Ebefry offered mis counsel:
helped women,, the working poor and the leading black conservative and president "While we have a weH-deveioped appre-
elderly." of the National Center for Neighborhood ciation of the power of ideas, we need to }
The think tanks aho draw on stars in Enterprise in Washington, D.C spend more time developing our ideas 1
the trfifa-eefiseFvaiive tHHvefse. William L iWf ALEC, ihe think tanks rely on about power We must always ask our-
F. Buckley and Barry Goldwater, for ex- businesses and conservative foundations selves what we are actually achieving in
i ^mf&.-feeceê&cie^fev&c Washing f ^ ^ j w l k of their fimdmg Olm, J.M^ terms of real change "M
I
4 ResDonsive P h i l a n t h r o n v C n r i n o 10Q1
that even the Manhattan Institute, the
Liberal Foundations Often Unaware most well-established think tank with a
budgetofS2 million, has had to "struggle
Of Right's Efforts in State Capitals over the last 10 years and they've had a
lot of very powerful people back them."
"Is there increased focus on the ration foundation. Whileshe feels health This year, the Clark Foundation
states?" asks Shepard Forman, director and science are more federally focused, gave the Manhattan Institute a grant for
of human rights and governance pro- education lends itself more to state and
grams for the Ford Foundation, "From local programs.
the grantee community, the answer For her program area, a shift to the Virtually all the leaders
seems clearly yes." states began around 1980."In theReagan queried were unaware of
While there is near unanimity that years, itbecameclearthatthere were not
public policy is shifting significantly to going to be federal initiatives in children
the national movement of
the state level, foundations differ widely and youth activities, so the grantmaking conservative think tanks
in how they are responding to this shift, shifted at that poinC she says. described in this report.
according to interviews with nearly two Stewart notes that foundations may
dozen funders. find it daunting to work with 50 different
"Our funding has substantially states, instead of a single national pro- the first time, to study using vouchers
changed from pre-1985, when it was gram. One way to handle this difficulty for public education.
mainly national," says Donald K. Ross, Like Ayers, most New York-based
dkectorof iheRockefellerFamily Fund. foundations were familiar with the
"Since then there has been a very dra- Manhattan Institute and found its work
matic shift to the stateand regional level/' interesting, but few were aware of the
Stephen Viederman, president of Madison Group. Similarly, foundation
the Jessie Smith Noyes Foundation, leaders elsewhere in the country have
agrees. "We'vemoved most of our giving heard of the think tanks in their cities but
to the state level," he says. "Increasingly were unaware of others.
I believe it's going to be a matter of While conservative foundations
things happening at the state level, then such as Scaife, Bradley and Olin have
working themselves up to the national been heavily funding conservative think
level." tanks, foundation leaders queried for
And according to Daniel Cantor, this report generally did not see their
program officer for the Veatch Program, role as funding the development of
"That's our main thing. We've decided progressive public policy alternatives.
the states are where the action is." "Progressive funders are funding
But most foundation leaders were direct service efforts at the state or local
not as emphatic. "There have been sub- grassroots level," says Linda Tarr-
stantial shifts to the states, but i t' s not the Lance £. Undblom Whelan, executive director of the Cen-
total picture by any means," says Eli N. ter for Policy Alternatives. "What's
Evans, president of the Charles H. missing is anything dealing with a larger
Revson Foundation. "There is still a is to sponsorcompetidonsin which states vision. Who is funding the infrastruc-
strong and important national role." compete for funds. Carnegie, Robert ture for a progressive agenda?"
Several leaders said their founda- Wood Johnson and Ford Foundation But some funders indicated that
tions* structures did not lend themselves have sponsored such competitions. progressives have failed to come up
tostate-Ievel giving. For example, June The Ford program, called Innova- with a vision worth funding. Whether or
Makela, executive director of the Fund- tions in State and Local Government, not they agree with their philosophy,
ing Exchange/National Community recognizes ten localities each year that funders often think conservative think
Fiinds, said their grants were too modest have implemented new social programs tanks are a better source of provocative
lomake an impact at the state level. The or public policies. ideas that challenge the status quo.
Tides Foundation and AT&T also have Virtually all the leaders queried were Lance E. Lindblom, president of
not shifted giving significantly to the unaware of the national movement of the J. Roderick MacArthyr Foundation,
state level. conservative think tanks described in believes that initiatives such as school
Others say ii depends on the pro- this report. vouchers and privatization of garbage
gram. "The states are very important, "I don't see the cropping up of little collection and other services should be
but it really depends on the issue," says state think tanks," says Peggy Ayers, explored.
Vivien Stewart, chair of education and executive directorof the Robert Sterling "Heritage Foundation puts out a
heakhy êvelopffiem of chtkkefi asd Clark Fouftdatk>ft. "There just isn't coherent v4sk>a that is i n t e g r a l and
youth programs for the Carnegie Corpo- enough money to do thaL" She observes (continued on p. 9)
TI24220428
States: The New Public Policy Battleground
(continuedfromp. 2)
incredible pressure on local officials to grip," according to a recent cover story ing primarily on creating an unfettered
do something," says Donald K. Ross, in Nation's Business, the journal of the business climate, groups also touch on
directorofiheRockefellerFamily Fund, U.S. Chamber of Commerce. "This foreign policy, including opposition to
ofthegrowingimportanceofstatepolicy. sharply increased state activism is hav- South Africa sanctions and support of
Ross notes that in 1980, lobbyists in ing a major impact on American enter- SDI (star wars), and on social issues,
the stateofNew York earned $4 million. prise." such as drug abuse and AIDS.
By 1990, that number was over $26 Corporate concern over the experi- Pitted against the well-funded Right
million. "Money and lobbying follow ments being cooked up in the laborato- are progressive coalitions and policy
real issues, real power, centers that are striving to
real decisions" he says. push their states beyond
"I have heard the federal government in
speaker after speaker areas such as environ-
taflcabout the shifting em- mental protection, family
phasis to the states ," say s issues and homelessness.
Dick VanderWoude, the CPA describes this trend
National Education as "progressive federal-
Association^ liaison to ism"
the National Council 'The players are not
of State Legislators. in Washington," says
"Groups who want to see Tarr-Whelan. "They are
something done about in places like Olympia,
the health crisis, for ex- Tallahassee, Jefferson
ample, are giving up on City and Albany."
the federal government. She cites several im-
They feel we have to go portant bills now before
after it on a state-by- state Congress that flow from
basis, then Congress will legislation enacted at the
find it politically pos- state level, including fam-
sible." ily leave, election law re-
The importance of form and recycling mea-
state legislation may be sures.
seen by the sheervolume The battle over the di-
ofbills —some 138,000 rection of state govern-
pieces of legislation in- ment, and the resulting
troduced annually, with 42,000 becom- ries of democracy parallels a burgeon- impact on national policy, promises to
ing law, compared to 7 3 90 bills and 228 ing movement of state-level conserva- grow in importance in the coming years.
laws in Congress. tive think tanks known as the Madison "States are places that initiate and
Corporate lobbyists were some of Group. Like its mentor, the American incubate ideas," according to David
the first to see both opportunity and Legislative Exchange Council or ALEC Cohen of the Advocacy Institute. 'They
danger in the shift to the states. (see story, p. 20), the Madison Group really are laboratories of democracy,
"Big business is extraordinarily hopes to influence the direction of pub- and they can produce progressive or
well-organized at the state level," says lic policy by offering strong anti-gov- reactionary agendas. This is an area that
Linda TarT-Whelan, president of the ernment, free market solutions to state- must be addressed and can be a source of
Center for Policy Alternatives (CPA) in housefiscalwoes. competent, innovative, imaginative and
Washington, D.C. "The more progres- The state think tanks' agenda in- even compassionate government"
sivecornrniimiy has got to get organized cludes privatization of most public ser- This report will examine one irn*
at the state level, because frankly we*re vices, from mass transit to health clinics ponantelementofthebattletoinfluence
being iafcen to th£ cleaners.^ io environmenial prGteeeon, and even the states: public policy eenters of ftink
Despite th Is assessment, some busi- libraries; vouchers and lax credits to tanks. Hew have conservatives erga-
ness leadersamexpresslngGQDcem about promote compeuuontKtweenpubiieand nizedat the state level to influence public
the direction "new federalism"is taking. private schools; deregulation of busi- policy? How does the funding commu-
"As the federdl government eased ness; opposition to labor-backed policies nity view the shift io the states? And
its regulatory squeeze on business, state like theminimum wageand family leave; finally, what arc progressives doing to
governments varied 4igJHemng £fee!f and rollback-of-taxes- WJulcconcenteu- ijglu feacltf »
6 Responsive Philanthropy Spring 1991
TI24220429
Privatization — from Garbage to Schools —
Is Hallmark of State Conservative Movement
Privatization is the altar at which dren from poor families to attend private Deborah Meier, a progressive
the American Legislative Exchange schools. school principal and an architect of the
Council and the Madison Group wor- "Conservative intellectuals have highly acclaimed school choice program
ship. There are few problems too com- learned to make the case for education in East Harlem, wrote in The Nation,
plex for the market to handle, from pov- vouchers solely in behalf of the ghetto "While Chubb and Moe contend that
erty to education to environmental pro- pooriather than the tuition-burdened lower they favor public education, what they
tection and health care. For most public middle class," says Nicholas Lemann in mean is public funding for education.
services, it is believed the private sector his critical review in Atlantic (2^1) of Public institutions are their enemy"
not only acts more efficiently, but that it Politics, Markets andAmerica'sSchools; People across the spectrum have
has the inalienablerightto the task. The by John Chubb and Terry Moe. (It is a endorsed variations on thechoice theme,
exceptions are some infrastructure pro- testament to the popularity of the choice including magnet and alternative
grams like the interstate highway sys- idea that the book was published not by schools, but not everyone is eager to
tem and national defense. Heritage, but by Brookings.) jump on the market bandwagon.
Whileeducationisusually thesingle "The whole marketplace analogy
Education biggest item in a state budget, this is one fails in the public sector," says Dick
An overriding concern behind de- area where conservatives are not look- Vander Woude, who has worked in
mands for educational reform is the fear education associations around the
thatU.S.companies arelosing their edge country and currently handles govern-
because of an ill-educated workforce. ment relations forNEA. "The function
As Nation's Business explains, "Ac- ofpublic school teachers isn' t to compete
cording to a major forecasting firm's with one another. Their function is to
projection of 60key trends for the decade, provide a good learning experience for
U.S. businesses will have no choice but the children who come into their care."
to hire a million new workers a year who But critics disagree. "Organized as
cannot read, write or count." public monopolies, America's schools
Whilemosi Americans wouldagree now have many of the same serious
that educational reform is badly needed, problems—excessive regulation, inef-
the ALEC/Madison Group approach is ficient operation and ineffective service
founded on a basic hostility to public — that are inherent in this form of or-
education — which they often prefer to PUBUC SCHOOLS ganization " according to the Washing-
call "government" education. BY CHOICE ton Institute for Policy Studies. "Com-
From the Department of Education fa9AdtB£ OpportuBaOM
tar tavna sruaaro « d TMCMH
petition will forcetheschoolbureaucracy
on down, the value of public education to respond to the needs of the people
is disparaged. "The establishment of a they are intended to serve."
Cabinet-level Department of Education Other measures proposed by ALEC
was an historic blunder, a combination Think Unk stud; funded by the Gates and/or Madison Group members include:
of overweening federal ambition and FoundaUon
• Allowing teachers to be indepen-
pandering to interest groups," according ing to save money. Don Eberly, president contractors instead of public em-
to Mandate for Leadership //, the Heri- dentof Commonwealth Foundation, says ployees [read union members], as a way
tage Foundation blueprint for Reagan's oftheeducationalchoicemovementhe's to lure more scientists to the field and to
second term. leading in Pennsylvania, "This is not an spark innovation.
Teachers unions are seen as a selfish initiativethat we would see as an imme- • Replace teacher certification with
and powerful enemy, whose goal is to diate cost saver." In fact, Eberly says, a system that gives principals the same
protect the bureaucracy and stifle the measure will cost the state more authority private school administrators
progress m education. because the choice bill would include nave to hire and fire-
The thrust is aimed at breaking the new money forprivate school vouchers. • Amend the U.S. Constitution to
public education "monopoly,** prima- School choice advocates say mar- ban forced school busing.
rily through vouchers and tuition tax ketplace competitiveness would benefit •Create a commission to assess the
credits. This once discarded notion has education. Bad schools would close, moral teaching in public schools.
been updated for the 1990s, and is now while goodquality schools, both public • Requireat least one semesterof tn-
Jcnownas school choice, lis proponents, and private, would flourish by drawing stnictieft ©a thefteeenterprise system as
anxious to shake the charge of elitism, more students and subsequently more a prerequisite for high school graduation.
stress that iP3£ctes vî&£ a*k>w ck&- (continued on p. Ill
TI24220430
Progressive Public Policy Centers
Begin Changing Direction of States
At a recent Center for Policy Alter- and against people who have a lot more
natives (CP A) gathering in Washington, economic resources.**
D.C., 300 progressive legislators and Among these nonprofits are pro-
advocates strategized on how to translate gressive public policy centers. While
progressive ideas into effective state still small in number, these centers show
policies — and ultimately into national astrongpotential for helping slates move
action. Such gatherings makeLinda Tarr- in a progressive direction. Three differ-
Whelan, president of CPA, enthusiastic ent models are described below.
about the future.
"What's happening on the electoral North Carolina Center for
side, who is sitting in the legislatures, is Public Policy Research (NCC)
the good news" says Tarr-Whelan, Formed in 1974 by two volunteer
"Who's lobbying on the outside is still lobbyists for Common Cause, Gerry
the bad news." Hancock and Robert Spearman, this Ran Coble
Tarr-Whelan thinks liberal funders think tank has becomeahighly respected
couldplay a much greater role in helping and influential voice in the state. Two recent accomplishments in-
progressives on the state level overcome "There were many good people in clude:
the negative influence of many corporate advocacy organizations, pushing one • A study of the state income tax struc-
lobbyists and their conservative allies in point of view or another," according to ture which found that people making
the American Legislative Exchange Hancock, in a report on NCC'sfirstten only $4,500 a year were having to pay
Council (ALEC) and the Madison Group. years. "What did not exist was an orga- income taxes. As a result, a more pro-
Her wish list would begin with nization that would identify problem gressive tax structure was adopted in
taking funders on a study tour of the areas and then propose solutions to 1989, and 700,000 poor people were
stales. "There's an enormous narrowness them," removed from the tax rolls.
of vision about what states can do" she NCC not only conducts research on • Creadon of a state environmental in-
says. "I'd take people to meet these very issues of statewide importance, but also dex, the firstin thecountry. NCC recom-
exciting progressives out there." monitors the legislature, evaluates state mended the index in 1988 as a way to
She also would put more resources programs, raises new issues for public measure progress or decline in the state* s
into message development. Acknowl- debate and actively seeks to have an protection of water, air, wildlife and
edging that progressives lag far behind impacton state policy. Education, taxes, land resources. Gov. James Martin (R)
the Right'in articulating a vision, she health, and the environment are among endorsed the idea in a 1989 inaugural
asks, "What are the common themes to the issues it covers. address, and in 1990 the first draft State
use in your campaigns, or against which Environmental Index was released.
you would judge legislation? What does "The Center for Public Policy Re-
it mean to worry about community de- search is credible enough that if they
velopment, forexample?There'sa huge analyze an issue, they can put it on the
need to educate people about the legiti- state's political agenda, or put it out
mate role of government." there so advocacy groups can put it on
How MoCh Is
Also needed, says Tarr-Whelan, is Home1 ess n ess the agenda," according to Bill Holman,
an opportunity for progressive state Costr.g r\ fffl
Pennsyivomo/
lobbyist for the North Carolina chapter
legislators to meet regularly to share how T« use Ou f of the Sierra Club, who often draws on
ideas, support each other and strategize, Hou$<~=a Resources
More Effectively ra the Center's research. "When the Center
opportunities that are provided to con- does a report, it is actually read by de-
servative legislators through ALEC. u • » o » S J I
cision makers, and editorials and news
David Cohen, co-director of the ra string are written Ehpijr IT "
Advoc^yInsiiujteinWashingionsD.C,s The Center is scrupulous in main-
agrees. "Funders should recognize that taining its credibility, says its director,
M
supporting activities in a^rven statecan i i I I
Ran CobleA and its funding reflects this
have a reach well beyond the state it- About 55 percent of the center's
self," he says. "Program? and leaders of S450,{XX> annual budget comes from
nonprofit organizations should be bol- i_ foundations, with $75,G0Geemifig ffom
stered in their efforts, which are often Study by Pennsylvania Institute on Public business. Corporate contributions of
made against "very adverse conditions fcontinued on page 20}
8 Responsive Philanthropy 1291
TI24220431
*4Wc have to have good science, but
Foundation^ Disagree on Need that's supplemental to community or-
ganizing and empowerment," he says.
To Counter Madison Group "Theotherside can always outgun us on
Ph.D.s."
(continuedfrom p. 5) Generally, foundation leaders say
cohesive and has a political strategy to dation, felt that corporate foundations they are already playing a positive role
implement it," he says. Progressives, on would not fund think tanks at either end in supporting stale level public'policy
the other hand, have failed to articulate of the political spectrum. "We tend to and don *tplan to make changes. Forman
clear alternative policies, according to fund national organizations in the says the Ford Foundation for years has
J indblom. mainstream with moderate views" he worked with state and local elected offi-
"It is in fact true," responds Tarr- says. "That is fairly common among big cials on public policy initiatives, among
Artfelan. "The more conservative think corporations." Duane Scribner, program them economic development, women's
••jsaks have been very conscious of the director of Dayton Hudson Foundation, economic opportunities, reproductive
act that the message is as important as agreed. rights, voter registration and redisrict-
lie policies. And so they have very Others feel that funding think tanks ing.
usefully formulated their policy goals is not particularly useful, regardless of Mary Reynolds Babcock and Z.
jr. ways that ordinary Americans would
understand and could easily explain to
,5tfierpeopIe, whether they be funders or
opinion makers."
She and June Makela both feel that
progressive forces need more financial
"Progressive funders
are funding direct service
efforts at the state or local
grassroots level," says
Linda Tarr-Whelan, ex-
ecutive director of the
Center for Policy Alterna-
tives. "What's missing is
anything dealing with a
larger vision. Who is fund-
ing the infrastructure for a o
progressive agenda?" e
Linda TarrV .Ian

resources to develop their public policy
alternatives. "It cosis money to pay
academics, publish books, and distrib- the political respective. Marty Teitel, Smith Reynolds Foundations have been
ute them to influential people," says executive dirîor of the C.S. Fund, says mainstays of the North Carolina Center
Makela. state legislator *. are too beholden to spe- for Public Policy Research (see article,
"Perhaps too much of the lime of cial interests and that public policy suf- p. 8), and many foundations have sup-
progressive groups has been spent fers as a result. Campaign finance reported the Center for Policy Alterna-
fighting off the Right rather than ar- form, therefore, is the answer. tives and its work with progressive state
ticulaiingacoherem vision of the future," "The way to make good local gov- legislators.
says Viederman. ernment is to clean up the political pro- Among those donating more than
Other funders were itss enmusias- cess, not try to skew things from a par- $25,000 to CPA are Carnegie Corpora-
tietnax point of ¥Jew," he says, tion, Chajfe Stewart Mott, Ford, Jessie
policy development Larry Kressky. senior program of- Smith Noyes, Joyce and Hewlett Foun*
Gar> Dofas, ^-ugi^m offt-^r -of ficer for ihePublic Welfare Foundation, stations, and the Roekcfetier Brothers
public policy activities for AT&T Foun- also questions the role of think tanks. and Rockefeller Family Funds. •
Progressive Centers
(continuedfromp. 8)
more than 55,000 are declined. "We
don't want the public to think somebody
bought the results,*1, says Coble.
NCC has been helped immensely
by the strong support of the Mary
Reynolds Babcock and Z. Smith
Reynolds Foundations. "They've done
two things that foundations don't usu-
ally do. They've given money for gen-
eral operating support and they've sup-
ported us for more than a decade," says
Coble. "That is key to our being inde-
pendent."
Coble feels think tanks wedded to
an ideology sacrifice credibility. The
John Locke Foundation, a Madison
Group member in North Carolina, is an
example. "Its goal is to promote free
market and limited government," says
Coble. "They already have a conclusion
and no matter what they study, that's
what they're going to come up with."
Coble says there is new interest in
forming centers similar to NCC in other posture on such issues as government decent standard of living in a changing
states, including Kentucky and West waste. economy " according to its literature. "It
Virginia. 4
*We're refining the work thatpublic aims to accomplish its mission through
policy people are doing" says project research, public education and advo-
Progressive Policy Initiatives director Cynthia Ward. "There is a tre- cacy."
A joint project of the Northeast mendous resource of academics with The Institute's first report focused
Citizen Aciion Resource Center of very progressive viewpoints, and it's a on housing and homelessness and how
Hartford and the Commonwealth Insti- matter of hooking diem up with people state funds could be used more effec-
tute of Cambridge, Progressive Policy in the legislature" tively. The report concluded that the
Initiatives is a new network for elected With an annual budget of $ 100,000, absence of a comprehensive state hous-
officials in the region. Caplan says they are limited only by the ing and homelessness policy was cost-
The project is an outgrowth of a amount of resources they can muster. ing Pennsylvania "millions of dollars
coaliuon of 80 organizations and unions "Public officials are anxious for these and thousands of damaged lives."
which have worked successfully (o elect proposals. They're in positions of lead- The result was new comprehensive
progressive state and local officehold- ership, so this is a wonderful opportu- legislation, House Bill 30, which incor-
ers. nity to gel real action in a very immedi- porates many of the study's ideas.
Information will be provided to of- ate and concrete way," he says. The Institute will next turn its at-
ficials on key issues, such as taxes, the Similar coaliuon efforts are begin- tention to job retraining programs.
environment, health care and crime. ning to get underway in Montana, "We're in the process of working
Conferences, seminars, regional work- Minnesota, New Mexico and Oregon. on a series of briefer reports on human
shops, reports and newsletters will be service programs," says Kukovich.
used to encourage information sharing Pennsylvania Institute on "We're looking at how they've been
and strategizing. Policy development Public Policy underfunded and how they can save
will also be an important focus. This two-year-old think tank was taxpayer money in the long run."
"The work is noisome kind of pie in founded hy slate legislator Allen Like the North Carolina Center,
the sky think iank approach,** says Marc Kukovich, with a 5100,000 grant from Kukovich puts a premium on the
Capiat u kaCî m fe preggtri Aims-
cacy groups, grassroots organizations yank Trmitme. on Public Policy was "Any research institute is tainted de-
onH
em*
r y * 1 ' * * * "r-,n\
Jftjii^j iittiroi.to
^-- n ill
w i n
t^ r* • —•' •^\
t?C U I T U I W U
••. nA j.ja.
••» formed t^ develop and promote effec- pending oft where its moiicyeoifics (ton*
developing the policy initiatives. tive, progressive policies to reduce and who is on the board " he says. 'The
The project will also try ID move the poverty and enable low- and moderate- only way to tell its effectiveness is the
progressivecomrnumtyfromadefcnsive income Pennsylvanians to achieve a quality of Its wort: product" •
Marketplace Seen as Answer Murray, urges an end to affirmative ac-
tion and a return to the days when
To Poverty, Environmental Ills "fundamental individualrights**were
protected.
(continuedfromp. 7) "A unique aspect of Clint Bob'ck's
was the main source of illegitimacy analysis concerns economic liberty" ac-
Poverty and Discrimination among black teenagers neglected to cording to a policy briefing by Pacific
**We tell blacks we were wrong," a consider or even to cite any of the ex- Research Institute,sumrnarizingthebook.
reconstructed Burton Yale Pines, senior tensive scholarship uniformly showing "Prior to the Progressive era, most
vice president for Heritage Foundation, no such cause and effecL..Also his sta- Americans had an unfetteredrightto en-
was quoted as saying in a recent inter- tistics never passed 1970, after which gage in virtually any trade or profession.
view with US. News and World Report. welfare benefits in Pennsylvania sig- Therightto contract for wages and other
Clearly, the conservative movement is nificantly dropped." conditions of employment was fully rec-
tired of being accused of lacking com- Not to be deterred, Robert Woodson, ognized in the courts and was considered
passion. An examination of the Founda- founder and president of the National as sacrosanct a liberty as any in civil law"
tion Center's Grants Index testifies to Center for Neighborhood Enterprise, In this vision of civil rights, basic
this. Funds are flowing to think tanks to picked up where Murray left off. In 1987 labor gains would be abolished, along
come up with conservative solutions to he wrote, "Breaking the Poverty Cycle: with affirmative action. According to
problems of discrimination and pov- PrivateSector Alternatives to the Welfare
erty: State," a report published by the National
• J.M. Foundation gave $20,000 to Center for Policy Analysis in Dallas and
Hillsdale College to study the econom- reissued in 1989 by Commonwealth
ics of Black America, $10,000 to Inde- Foundation, on whose board he sits.
pendence Institute's Colorado Oppor- Like Murray, Woodson blames
tunity Network and $20,000 to Pacific public welfare programs for creating a
Research Institute for Public Policy for host of urban problems, from teen
"Myth,Reality and the Welfare State, A pregnancy to crime, poor schools and
Study in Political Economy." An addi- lack of low-income housing.
tional $15,000 grant was given in ? °90 "For black Americans, the goal of
for the book, Unfinished Busing . A economic independence and self-suffi-
Civil Rights Stra^gy for America's ciency can only be reached by private
Third Century, published by the Pacific sector, self-help efforts — not through
Research Institute's Center for Applied more government control," he writes.
Jurisprudence. The well-funded study on civil rights Bush *dvf$or C. Bojnton Gray addresses
mentioned above, Unfinished Business, PERC conference
• JohnMOlinFoundationgave$25,000
to Robert Woodson's National Center by Clint Bolick with a forward by Charles the policy briefing, Bolick "seeks to
for Neighborhood Enterprise and strike down governmentally created
$50,000 to the Center for Applied Ju- barriers to economic activity such as
risprudence. licensing laws, minimum wage laws,
• The Bradley Foundation kicked in the Davis-Bacon Act, and other con-
another $75,000 to the Center for Ap- straints on entrepreneurship."
plied Jurisprudence.
Current conservative thinking on Environmental Protection
povertyflowsfrom Charles Murray's 1984 Not surprisingly, "free market en-
book. Losing Ground, published by the vironmentalism" is offered as the an-
Manhattan Institute, which made the case swer to environmental degradation. This
that poverty programs cause poverty. is described as a 4<new approach for
Considered a seminal work in Reagan managing resources, based on property
circles, the book came under heavy criti- rights, individual decision making and
cism for inaccuracies and omissions. market-oriented solutions."
Sidney Biumenihat in The Rtse of
the Counter-Establishment, summa-
rizes the critics as follows: "Murray*s
UNFINISHED Friâiiyaiion of public lands is ad-
vocatedI including gr^riô areas, na-
tional forests and the outer continental
calculation that the poverty rate h3d not
dropped between 1968 and 1980 failed
tofacior in the business cycle and unem-
USJNE:
A CIVIL RIGHTS STRATEGY
shelf. AThe environment whgiherptains,
wilderness or seabed, is best protected ]
FO* AMe«tCA*S T H t t f D C f K T W
and resources better managed when pri-
ployment rats. His asseruon- that the & Cut*; SGuC* vate property rights arc wcit-dcfincd j
Aid for Dependent Children program FOREWORD BY CHARLES MURRAY
(continued on p. 17) \
Manhattan ALEC-Corporate Connection
(continued from p. 20)
Institute and Shell Oil contribute, as well as ma- Gulf war was coming to an end. Presi-
One of the most influential jor companies in the chemical, banking, dent Bush found time to address an
think tanks is the Manhattan Insti- energy, telecommunications, transpor- ALEC gathering,
tute for Policy Research in New tation, pharmaceutical, food, insurance, "Atfirstwe were asked to look into
York. While not a member of the manufacturing, and retail industries. trips paid for by the American Legisla-
Madison Group, it is guided by a Support also is forthcoming from tive Exchange Council to see if they
similar philosophy, which is de- organizations such as the National Rifle were junkets " says Amy Young, who
scribed by its president, William Association and the Tobacco Institute. monitors state activities for Common
Hammed, as libertarian. A 501-C3 organization, ALEC has Cause Magazine. "But it appeared that
The Institute was founded in also garnered support from conserva- they actually did a lot of work at the
I978by former Reagan CIA director tive foundations. In 1988, for example, meetings."
William J. Casey. Early trustees the organization received $25,000 from In addition to paid trips, legislators
included Edwin J. Feulner, head of the Bradley Foundation for its resource have access to an elaborate information
HeritageFoundation, J. Peter Grace, center, and in 1989, $20,000 from the system consisting of 3,000 reference
T. Boone Pickens, Jr. and William J.M. Foundation for its drug abuse pro- volumes,periodicals,tradepublications,
E Simon, among others. With a gram. In addition, more than a dozen state capitol newsletters, and sophisti-
budget of S2 million, Manhattan corporate foundations contribute, with cated electronic data systems. By calling
Institute isthe most well-established Ameritech and Proctor and Gamble ALEC, legislators and businesses can
of the conservative think tanks among the most consistent
outside Washington, D.C. ^G&t&Jz.-
Originally called the Interna-
tional Center for Economic Policy "If we intend to govern
Studies, Manhattan Institute has this nation, then our battle
shifted its focus increasingly to lo-
cal and state affairs. New York
begins on the other side of
City's rent control policies have the Beltway"
come under considerable criticism,
and the Institute is now setting its
sights on Albany. With a 52 million annual budget,
The Institute perhaps is best ALEC is able to pay for legislators to
known for two of its books that attend annual meetings and special
were gospel to the Reagan adminis- seminars.
tration: -Wealth and Poverty, by In 1989, 25 states hosted ALEC
George GMsr.andLosing Ground, focus events, which highlight "a par- Sam Brunelll
by Charles Murray. In addition to ticular issue of importance to the legis-
publishing full-length books, lators and private sector members in that obtain data, studies, sample legislation,
Manhattan Institute issues memos state." expert testimony, and information on
and reports and sponsors forums That same year, the St. Petersburg what other states have done on that
and workshops. Times reported that ALEC spent S35,000 issue.
"Ifrequendy attend Manhattan to send 23 Florida legislators to its an- Despite itsright-wingroots, ALEC
Institute meetings," says Peggy nual meeting in Monterrey, California. has succeeded in attracting more mod-
Ayers, executive director of the "It's an excuse for a lot of legisla- erate legislators from both parties. Ac-
Robert Sterling Clark Foundation. tors to go on trips and junkets," says cording to Michael Byrd, chief lobbyist
"It's the best place tofindout what Allen Kukovich, a liberal Democratic for the National Council of State Legis-
the conservativerightare thinking. legislator in Pennsylvania. "Groups like latures, "The originial core were very
They are very smart, intelligent that have more money than they know right wing, but they have tried to temper
people" what to do with." some of that to be more acceptable. Still,
Etii legislators do more than play tf yott look at the issues that they Teairy
Manhattan receives about half
golf 31 ALEC functions, Sesiox adsis- feeai the drums s^thef teed m be pro-
istration officials frequently address the business^ and almost on the far right "
eluding J.M, Bradley, Scsife, Lilly
Endowment (Siu(;,tAXj for generai Dick Vaader Woade, a kmg-time
support in 1988) and Sloan (S90.000 Bennett, John Sununu, John Block, observer of state legislatures from his
in 1989). Corporations contribute a Elizabeth Hanford Dole, Dan Quayle, perspective with the National Educa-
quarter of the Institute's budget • Jack Kemp, Manuei Lujan, and Samuel tion Association (NEA), agrees that
Skinner. And in March, as the Persian ALEC has succeeded in expanding its
12 Responsive Philanthropy S p r i n g 1991
base of support. "ALEC generates an was created lo fill the void.
awful lot of right-wing material, but ii
also has responsive, conservative legis-
Close-ups: Independence Institute issues are
wide-ranging, although efforts are con-
lators who don't buy into that." centrated on four main areas: economic
How large its moderate ranks grow Commonwealth growth for Colorado, intergovernmental
will determine how effective ALEC will Foundation for Public cooperation on water and transporta-
become. Clearly its leadership wants 10 Policy Alternatives tion, education and "equal opportunity "
do more than preach to the converted. Hanisburg, Pennsylvania The Institute plans to expand its agenda
to include health care and the environ-
After working eight years in Wash- ment.
The Source Book of American ington, D.C., including stints as staff "A fifth issue priority, our wild card,
State Legislation is ALEC's bian- director for the Republican Study we have called She world and Colo-
nual booklet of model bills. Among Committee and public liaison officer in rado^ according to "So You Want To
the bills: the Reagan White House, Don E. Eberly Start a Think Tank," an article written
• Urging Congress to support settled in Harrisburg, Pa., and founded by Andrews for Heritage Foundation.
Star Wars the Commonwealth Foundation for Pub- 'This has let us nibble on topics as
• Repeal ofbilingual ballots and lic Policy Alternatives in 1988. diverse as Pacific trade, Sandinista to-
limiting bilingual education "Having been away from Wash- talitarianism and the fallacy of U.S.-
• Tax deductions for private ington now for several years, I could not Soviet moral equivalence.*"
school tuition be more optimistic about the future," he As part of its international work,
• Guidelines for anesthetizing said in an address to the Heritage Foun- Independence seeks advice from the
fetuses during abortion dation.4The state-level policy movement International Commission on Moral
• Privatizing a variety of public is conservatism's real growth sector, Equivalence, whose ranks include R.
services and it is a development about which we (continued on p. 25)
can all afford to be bullish."
As Brunelli said in his address to the Unlike some think tank lea.; ^.
Heritage Foundation: Eberly is a consummate political ani- The Heartland Institute
"If we intend to govern this nation, mal. He understands the importance of Chicago, Illinois
then our battle begins on the other side building a grassroots base for his policy
of the Beltway. And we must recognize ideas. "You cannot separate ideas from The Chicago-based Heartland In-
that on this new battlefield, a negative politics," he said in an interview for this stitute, founded in 1984, is a rapidly
agenda will not sell. In the states, the report "To have an impact, ideas have growing "chain" of think tanks. Its
conservative movement must advance a got to be connected with citizens groups. budgethasgrownfrom5300,000 in 1988
postive agenda for governance, an I don*t believe in just doing a i'.udy or to SI million in 1991, with affiliates in
agenda which speaks to the real chal- policy report and making it available." Cleveland, Detroit, Kansas City, Mil-
lenges people face and that draws its In addition to brief policy reports, waukee and St. Louis.
strength from the principles and values (continued on p. 14) According to public affairs director
that the people hold dear." • Gary Miller, the Institute's long-term
goal is to have a Heartland affiliate in
Independence Institute every state in the union. "For ease of
Golden, Colorado operation we'd like to keep the Institute
here in Chicago," says Miller. "But we
The Independence Institute's big- found over time and through stories
gest claim to fame is its president, John picked up by the wire services that
K. Andrews, Jr., who succeeded in Heartland's issues and interests are
winning the Republican gubernatorial similar across the country."
nomination in 1990. After a leave-of- Founded by Chicago businessmen,
absence to campaign in what turned out Heartland is less political and more fo-
to beadecisivedefeat,he'sback leading cused on economics than many Mad ison
the Institute he founded. Group members. From ils inception, the
Formerly a speechwruer for Rich- goal %a&notso much tobringihe-Reagan
ard Nixon who resigned during revolution home* as to beef an the free-
Watergate, Andrews initially worked for market perspective in policy debates.
the Colorado branch of the Shavano Heartland shuns the conservative
Institute, a think tank founded by con- label, describing itself as "a reasoned
servative Hillsdale College in Michi- voice for individual rights and social
gan. When Shavano had to cm back ks harmony." its president, Joseph B asi, a
Colorado project. Independence Institute (continued on p. 16)
Spring 1991 Responsive P h i l a n t h r o p y 13
Commonwealth Arsenal
(continuedfrom p. 13) Building
"Ideas are ammunition, the bul- ington (Gary Bauer's anti-abor-
Commonwealth released in 1990 a full-
lets of a political movement, but let tion group].
length book entitled Leading Pennsyl-
us not forget that to fire those bul- "We now have both economic
vania into the 21st Century. The 25-
lets effectively we need a full arse- issues and social issues coalitions
chapter anthology examines a broad
nal of weapons at the state level, on the state level that meet regu-
range of public policy issues, aimed at just as we need them at the federal larly and are developing agendas.
leading Pennsylvania along *Hhe com- level. In Pennsylvania, we are try- An effort is also now being made to
petitive path." ing to build that arsenal* develop local coalitions. This Sep-
"We're careful to cultivate ties on tember we had our first statewide
"We have organized a leader-
both sides of the partisan aisle," says conservative conference for local
ship team that is implementing a
Eberly. "We send our materials to those leaders and activists, patterned af-
multifaceted organizational build-
who may not agree with the perspective ter C-PAC ID Washmgton.Tbe con-
ing plan called the Pennsylvania
we bring" Plan, which consists of many of the ference, which will become an an-
same entities that have been used nual event, attracted 320 people
effectively in Washington. These from all across the state and sent
"The state-level policy entities include the Commonwealth Shockwaves throughout the politi-
Foundation, which is the Heritage cal establishment We now have
movement is conservatism's funding commitments to create a
Foundation equivalent After over
real growth sector" a year of development work, we statewide 501(C)(4)citizenslobby."
have just brought on line the Penn-
from 'The States: The New Policy
sylvania Family Institute, which
Commonwealth, with a budget of Battleground" m lecture to the Heri-
might be compared to the Family tage Foundation by Don E. Eberly,
$300,000 and a staff of four, also holds Research Council here in Wash- OCL27,1989.
briefings for legislators, testifies at
committee hearings, and sponsors semi-
nars on privatization and school choice. day, Commonwealth limits its submis- Eberly is eager to build alliances with
In September 1989, it co-sponsored the sions to one every few months and its people across the political spectrum. He
Pennsylvania Leadership Conference, focus is always on Pennsylvania. credits Commonwealth with creating an
featuring Representatives Robert S. Davenport was introduced to Eberly educational choice movement in Penn-
Walker and Newt Gingrich and Am- by Herb Berkowitz, public relations di- sylvania, which is preparing to unveil a
bassador Alan Keyes, as well as a num- rector for Heritage. Since then, Eberly has new legislative initiative this spring. The
ber of state legislators. Three hundred been invited to address the editorial staff. m easure calls for statewide choice of pub-
41
people attended. We don't get a broad-based liberal lic schools, plus grants and vouchers for
According to Dale Davenport, edi- effort from any organ ization," says Dav- private and parochial schools.
torial page editor for the Harrisburg enport "There's nothing comparable to "Our educational choice initiative
Patriot, Commonwealth's op-ed pieces Heritage on the national level, and noth- is going to surprise a lot of people be-
are "pretty decent." Unlike Heritage ing comparable to Commonwealth on cause we'll have some very prominent
Foundation, which Davenport says sends the state level." liberals taking the lead on it," he says.
an article or opinion piece literall y every While clearly seen as a conservative, Other issues include privatization
of mass transit, prisons, and 16 other
Commonwealth Foundation Board of Directors areas of public services, tort reform,
recycling, and substantial tax reduction.
Alex G. McKenna, Chairman William C. Dunkclberg, Ph.D. Victor Milione
President Emeritus,
Commonwealth also has published a
Chairman, Philip M. McKcnna Dean, School of Business
Foundation and Management Intercollegiate Studies number of policy reports attacking labor-
Temple University Institute supported legislation such as raising the
Fred Anion
President, Pennsylvania Richard Fox James E. Pan yard minimum wagcpublicemployees* right
Manufacturer's Association President, Fox Industries President, GALT Communi- to a "union shop" and expanding benefits
cations to include family leave, insurance cov-
Huabech Bailey, J1..D. Ear! Htis, Ph.D.
Dean, School of Industrial President, Lancaster Henry H. Page. Jr. erage for mental illness and iwo-monih
Vi^g jJffisidfT*^ Siifi Refining
Carnegie Mellon University and Marketing
Allan MelUer, PUX
Robert Waedsse "Mandated benefits hurt competi-
Secretary-Treasurer. Philip M. Camegie Mellon University President, National Center for
Neighborhood' Enterprise
tiveness, and could involve some harm-
McKcnna Foundiîe-t _
Sam McCullough
Chairman and CEO, Mendjan ful consequences to American work-
Bancorp ers," warns a policy report, called "The
Comimi Mandated Benefit Movement,"
14 Responsive Philanthropy
Noisurprisingly, such positions have Independence Institute focuses
notendearcd Commonwealth to the labor
Independence more attention on Black and Hispanic
movement. "They profess to be (continuedfromp. 13) issues than most of the think tanks. It
nonpolilical, but everything they do is Emmett Tyrrell, Midge Decier, Sidney created the Colorado Opportunity Net-
political" says David Wilderman, legis- Hook, Richard John Neuhaus, Richard work, described as "virtually unique in
lative director of the Pennsylvania AFL- Pipes, Norman Podhoretz and Donald state and local policy circles, a coalition
CIO. "People don't take them that seri- Rumsfield, among others. of black, white, Hispanic and Indian
ously, but they're a potential real threat," Independence Institute's interna- community leaders seeking to facibtate
Eberly sees unions as one of several tional issue papers include "Sanctuary's
special interestlobbyists whose "almost Case Against America" and "Setting the
symbiotic" relationship with legislators Watch on Moral Equivalence " Independence Institute
isfrustratinginnovation in public policy. To implementthe recommendations
Also blamed by Eberly for exerting too of its state-level policy papers, Indepen-
focuses more attention on
much influence are professional groups dence has established ten task forces, Black and Hispanic issues
representing trial lawyers, hospitals and made up of sympathetic businessmen, than most of the think tanks.
physicians, and big business. academics and others. The task forces
Such comments are meant to create meet regularly "to build consensus for
some distance between Commonwealth translating recommendations into ac- new answers and new attitudes toward
and the business community. "We don't tion." the challenges of poverty, exclusion and
have a membership structure" allowing In addition to four staff members, discrimination"
companies to join Commonwealth, the Institute draws on 120 researchers Among these "new answers" are
Eberly says. "It would imply we're rep- and academics to produce policy brief- enterprise zones, increasing minority
resenting business," ings and twelve senior fellows who help participation in business associations,
issue weekly op-ed pieces for 13 Colo- educating youth for"entrepreneurship,"
rado newspapers. The Institute also has and seeking private sector alternatives
€€ a syndicated morning and afternoon ra- to welfare. Advising the network are
We don't get a broad-
dio commentary. (continued on p. 16)
basedliberal effort from any
organization," says Daven-
Partial Listing of Independence Institute Donors, 1985-1990
port 'There's nothing com- Corporations & Flatxroa Companies Roche CoartzQctors
parable to Heritage on the Organizations DJE. Erey and Co.
Frontier Oil and Refining
Rocky Mountain OQ and Gas Assoc.
Rocky Mountain Orthodontics
national level, and nothing Am ax Corp.
American Furniture Warehouse
GJE. Johnson Construction
General Motors
Saunders Construction
SchuckCorp.
comparable to Common- Arapahoe Community College
Arc© Coal
Gerald Phippc Inc.
Great Southwest Construction Co.
Security Life of Denver
Step Thirteen
wealth on the state level" Automated Biuincn Syxumi
Bailey Companies
Greater Denver Chamber of
Commerce
Siock Imagery Inc
Storage Technology
Ball Corp. Hewlett Packard True Oil
Benson Mineral Group High Valley Group United Banks of Colorado, Inc.
Cairn Companies Home BuJloen Assn. of Metro United Bank of denvex
Nonetheless, the board of directors Ctlcon Constructors Denver U.S. Wear Cornrounicationj
Ctptiva Corp. Hyatt Regency Denver Vail Assoc.
of Commonwealth reads like a Who's Celtech Corp. Ideal Basic Industries Vessels Oil end Gas Co.
Who of corporate leaders in the state (see Chevron Oil Jocteoslnc WdboumeCo.
Qiuli Associates Kebnore Assoc. Woodford Manuiacturinr,
box, p. 14). Chairman of the board is Alex Colorado Aun. of Commerce St Kcyttone Resort Inc.
G. McKenna of Kennametal, a $470 mil- Industry KingSoopes Foundations
lion,5,000-employee metals corporation, Colorado Assn. of School Koelbcl and Co.
Executive! Louisiana Pacific Corp. Amoco Foundation
based in Latrobe. Another key player is Colorado Bar Assn. Lucas Oil and Gas Anachucz Family Foundation
Colorado Interstate Gas* Co. Martin Manena Atlas Foundation
Fred Anton, president of the powerful Colon do National Banksharct, Inc. Marriott Hotels Howard H. Callaway Foundation
Pennsylvania Manufacturer's Associa- Colorado Springe Chamber of MooO Oil Corp. Adolph Coon Foundation
tion, described by Wilderman as "a web Commerce Mountain States Employers Council Dobbin Foundation
Colorado Spring* Gazette Telegraph North Central Life Insurance Co. El Poroax Foundation
ofverywealihypeople who have financed Columbine Venture Fund, Ltd. Oklahoma Publishing Farley Foundation
the Republican party for 80 years." Cooley Grave! Company One Source Management Frost Foundation
Cooperi 4 Lybrand Peat Marwiek Main A. Co. Garvey Kansas Foundation
Funding for Commonwealth comes Custom Envelope Corp. Pcpb-CoU Boding Co. of Denver Gate* Foundation
David, Gfihim & SuiOc* I5ielps, Inc. GD. Searle Charitable Trust
from300donors,primarily corporations, Deloitie Haskins A Sells Gerald Hmj^x Iss. U«»H-» fegidatieg
says £tei>\ Among the fouR&lons to DcnvcrTcchnoiogicit Center Potmiailnc. J.M. Foundation
Denver Wert, Inc Presto Print Mou Foundation
contribute are Scaife, with a 550,000 Dixon Paper pîjjvr Sffwy r ^ P_f Coloradc fe^gllfimily FîrvliTyr
general operating grant in l9HE-r LNL DIMPaa&sj The Pacblo Chidulfl Ra«4ings Foundation
Duncan CaiUe Company Ralnon Purina Co. Ruth and Vernon Taylor
Foundation and Pew Charitable Trust, Embury Suites Koi^J Ready-Mued Concrete Foundaoon
which both £a\ e grants for completion Equity SjTwjjcauon Ridgr wood Realty White Foundation
of the 2]st Century book. • Robinson Dairy
Independence Steven Newman, executive direc-
tor of AFSCME Council 76 in Denver,
Heartland
(continuedfromp. 15) expressed surprise that Independence (continuedfrom p, 13)
Glenn Loury.Robert Woodson and HUD Institute was behind the legislation. "If 33-year-old libertarian, was quoted in
Secretary Jack Kemp, among others. they were behind that, it makes meeven the Washington Times as saying the
On transportation, the Institute urges angrier," he says. Newman says conser- conservative label "hurts our credibil-
that suburban government spends money vative legislators often cite data or re- ity."
not on rapid transit but on a beltway. Air search to support their legislation. "But The Institute grew out of a monthly
quality and water distribution are also you don't know where the research dinner club of 30 to 40 businessmen in
important issues.State Senator Paul W. comes from — we don't get courtesy 1984, during a time when cab drivers
Powers credits the Institute with inspiring copies of what they do," be says. were suing the city of Chicago and major
his legislation to tighten up on sick pay for Both he and Dr. Tony Rollins, ex- cab companies. Dismayed that deregu-
state employees. An Independence study ecutive director of the Colorado Edu-
claims thechange will save taxpayers $ 18 cation Association, describe Indepen-
million annually. dence as aright-wing,rather than con- "A Progressive Agenda
servative, organization. "They want to
turn back the clock and have very few
for Chicago"
"In coming years the oppo- state services," says Newman. "A true progressive demands
nents of local statism will enjoy "They're way out there," says no additional spending on educa-
advantages that did not exist in Rollins. "The nomination of Andrews tion; he supports a shift in cur-
earlier decades — the power of caused dissension in the Republican rent spending to reflect new pri-
public choice theory, proven tech- Party because they didn'twant him to be orities. He calls for removing
niques of privatization, and the their flag bearer." Still, Rollins finds money from fat administrative
burgeoning worldwide entrepre- "they have influence in certain quarters budgets, giving parents a stron-
neurial culture. Thus, we go into and they clearly can provide informa- ger voice in their local school's
the next round much better tion that is counter to a lot of things we operation, and—through tuition
armed, whether to defend against would propose." tax credits and vouchers — en-
mandated benefits and eeo-hys- Like other think tanks, the Institute1 s couraging competition among
teria, or to press the offensive $200,000 budget comes primarily from public and private schools. Com-
against socialized approaches to businesses and conservative foundations petition, accountability, and
education, government services, (see box). Board members include Heri- choice: These are the elements of
and infrastructure. We are in a tage Foundation's Burton Yale Pines, a progressive agenda for school
good position to keep winning." Guy T. McBride, Jr. of the Colorado reform."
from "So You Want to Start a School of Mines, John Hughes of the from an op-«d piece by Bruno
Think Tank, A Battlefield Report Christian Science Monitor, Michael Behrend, director of Illinois pro-
from the States," by John Andre ws. Rosen of the Denver Post, two former grams for The Heartland Institute,
Policy Review, Summer 1989 state legislators and a number of busi- Chicago Sun Times, April 8f 1989
nessmen. •
lation wasn't a central part of the debate,

the group commissioned a position pa-
per that eventually resulted in deregula-
tion legislation being written.
The club then decided to institu-
tionalize, with 20 members each con-
tributing SI00 a month to the project
Like other Madison Group mem-
bers. Heartland churns out dozens of
issue papers. In 1990 alone, it produced
25 "Perspectives" or opinion pieces and
24 Policy Studies, which were circu-
Board of Advisors. These materials are

distributed to every state legislator in
Illinois, Michigan, Missouri, Ohio and
Wisconsin, and to over 1,200 media
outlets.
Coming our of the Ice: A Plan to
16 Responsive Philanthropy S p r i n g 1991
Make the 1990s Illinois' Decade was
also published, a book similar to the Heartland's 1990 Corporate and Foundation Donors
Commonwealth Foundation's blueprint Corporations P%66en and Company. Inc. DorncUcy Bouiaauon
for economic recovery in Pennsylvania. Rioonix Propose* Aaodatea Dy«r Foundioaa Truxi
Aw7ty Bakcna, Inc. Quaker OaU Co. Heriugc Made Foundiuoo
The book blames government regula- B*n care. Inc. lUdDcInduatncs, Inc. Gndc Kaundatiea, Inc.
tion and taxes for costing Illinois $46 Genbny Fence C& Rtffin Cctstruccion Co. Invefl-in-America FoundatJon
Canraonwahh EdUon Ryder Dickeraon. Inc. J.M. Foundation
billion a year in lost goods and services. Coopcn A Lyfenso Senna-Prey LAbanioam, Inc. Qurlei Rocfa Qiiriuble
To help spread the message, a 12- Devi* ConcmeCanmnexioa Co. Socmufc Capital Corp. Foundation
Superior Beverage Co. KOK Foundation, Inc.
minute "educational video1' based on Detroit Focnia& lac
EiLfflyACa Ttmko Ajphalt Produca William L. Law Foundation
the book was produced and distributed Eroplojm tkalih Inuruice Tankcraft Corp. Liberty FunaMnc
Erie Mumfacturinj Co. The Lunate Group l a c Mmuh* Corp. Foundation
lo 31,000 business leaders and "con- FUgler Agency, Inc. Tool Service Corp. J 3 . Reynold* Foondation
cerned taxpayers." Promotional bro- Ford Motor Co. Tripp* Mfg. Co. Rice Foundation
Wtiio Pine Lumber Co. Roe Foundation
chures were distributed by the Republi- GanithcrAsftuh
WUIsdutfriccInc. Sarah Scaife Foundation
Golden Ruk Irunnncc Co.
Xcrtra louanatiarul Splil Rail Foundation, Inc.
can Assembly, Illinois Manufacturers Goodnuo Equipment Corp.
Tone Inpcrancc Foondatioo
Association, the Illinois Independent Illinaii Scfaool BUR United Educators Foundation
Induttriil Towel A Uniform, Inc. Foundations
Uahwul Foods Foundation
Business Association and Illinois Man- Milwaukee Qupl* A Mfg. USG Foondation
Morgan Service* Aroorieta Economic FoaD&tian
agement Association. Northern Eopaving Corp. Amoco FoundiOon
Wauwatou Sivinp A Loan
Press clippings area key measureof Otto Engbecdng. Inc. ColrrniryTamk May Candtoa Fdn. Foondation
Padco Lease Corp. EX. Craig FOUTKUOCC Waanern Shade Qoth Foundation
success for Heartland. In 1990, they
claim to have been cited in 1,000
newspaper and magazine articles and sidies to businesses. women-owned businesses to enter into
scoresofradioand television interviews Heartland's willingness to "tweak mentor-protege relationships with
and news reports. the nose of the business community," as nonminority businesses"), taxation and
But Richard Liefer, editorial writer Craig Kennedy of the Chicago-based other issues. •
for the Chicago Tribune and until re- Joyce Foundation describes it, gives the
cently its op-ed page editor, finds Heart- Institute credibility and isevidence of its
land too ideological. "What I usually libertarian orientation. For example. Policy
disliked is they were so one-sided that Heartland spends considerable energy (continued from p. 11)
you knew immediately what particular attacking subsidies for convention cen- and regulation is minimal," according to
hobby horse they were riding that day," ters and sports stadiums, as a waste of the Pacific Research Institute for Public
he says. 'There was little acknowledge- tax dollars. Policy, which has published eight books
ment of the other side's arguments." "For Heartland, privatization is on natural resource and energy policy.
Nonetheless, the Institute takes ideological, they're opposed to govern- One of the architects of free-market
credit for influencing a number of public ment," says Roberta Lynch, director of environmentalism is the Political
policy changes in Illinois, among them public policy for Council 31 of the Economy Research Center, based in
privatization of several services, de- American State, County and Municipal Bozeman, MT. In addition to publishing
regulation of interstatebanking, and deep Employees Union (AFSCME). "With books, articles andop-ed pieces, thecenter
reductions in budget allocations for sub- business people, though, privatization is holds conferences at scenic guest lodges
acombination of things. TheyWebought in the Northern Rockies. Partipants are
the line that the private sector can do it invited toridehorseback, hike and fish as
more cheaply and some believe more they learn how privatization can save the
efficiently, and in a lot of cases they do environment. Special conferences areheld
that by being non-union." for journalists, environmental leaders,
One Heartland policy study even congressional aides and business leaders.
tackles libraries, complaining that by While groups like Nature Conser-
offering videos public libraries are vancy and Audubon are praised for their
competing unfairly with private video stewardship, much of the environmental
stores. "The author also presents the movement is condemned for favoring
history of private book-lending libraries, government regulation and being anti-
and suggests that their demise may have developfneni
been caused by the advent of public "If the greens can shame their oppo-
libraries," according to a summary. nents into silence, no one will challenge
In addition to privatization. Heart- their agenda " warns an editorial in Rea-
land works on education, ("Lei Market jaajnagazine, a journal published by the
Forces Improve Schools")* affirmative libertarian Reason Foundation in Santa
action ("dismantle current set-aside pro- Monica, CA- **They can piay 'in.Kt mc '
grams, repeal state prevailing wage leg- And, given a trusting public and shame-
JOSf p"H"THb^- islative, -encoaragg miEBmy-asd fHkd adversaries, ihqrcan; -*£•_"*
Spring 1991 Responsive PI amy 17
Workplace Giving
Publications Alternatives:
Community Foundations:
Unrealized Potential for
of the 10% and Growing the Disadvantaged
National Committee
for Alternatives to United Way raised Detailed examination of six of the
$205 million in payroll deduction con- largestcommunity foundations, and their
Responsive Philanthropy tributions in 1990 (estimate). They total responsiveness to the disadvantaged and
134 in number, raising money for social disenfranchised. Services, communica-
justice, environmental, health, interna- tions, grant patterns, risk-taking, fund
tional, arts and other charities. raising, board and staff composition are
Fifty-six (56) of the 134 alternative reviewed. 1989,65 pp. ($20)
funds raise workplê contributions for
racial/ethnic minorities, women, other
social change and environmental orga-
nizations. These 56 expect $42 million
in payroll deduction contributions from
1990 campaigns.
Who the 134 funds are, where they
are, what they raise, how, all is dis-
cussed.Plus brief profilesof many of the
social justice and environmental funds.
Combined Federal 1990,32 pp. ($10)
Campaign Technical
Assistance Packet Sptnal Bffxxt mm II urt^tttr tutuig Akmtati irt
10% AND GROWING
Thousands of charities across the ' AlternativeFundsMovemcnt

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J
• i > « M M C I r . n n * * t I » » ^ « ^ . . I » W «
cfi*t O M " m*i* ,'iT, „,r7T_ - -;

eral government's S200 million work- a
.«•.._,..
place campaign. The Cleveland Foundation and
• • > « » M . • — » • « « • . i - • • - .
Indeed, non-United Way charities the Disadvantaged:

raise S130 million each year through the
Campaign.
w ••* •• •» 0 —» •" •
Top-Down Solutions for the
Unfortunately, the complex rules Toughest Problems
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. 1 . .»— •n.-
Our regularly updated Technical Same focus as above, more depth.
Assistance Packet tells you what the 1991,65 pp. ($20)
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This valuable packet includes the The Philadelphia Foundation
complete rules and official memos (free and the Disadvantaged:
from the government), but more impor- A National Model in
tantly, our interpretation of the rules. The Effects of Workplace Grantmaking
1991 (S20) Charity Drive Competi-
tion on United Way and Same focus as above, more depth.
Total Giving 1991,51 pp. ($20)
Women's Funds
More than 60 funds dedicated to Research report on 50 employers The Seattle Foundation and
raising mosey zm women^s and girls1 nationwide sid the results of thee" work-
organizations and projects now exist. place charity drives over time involving
the Disadvantaged:
This repon maps the terrain of who they nontradilional chanties and United Way. Limited Vkton —
are, why they have come into existence, 1988, 16 pp. ($15) Inadequate Response
what they do and where they are lo-
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included. 1986.16 pp. £S5i 1991,57^^30)
18 Responsive Philanthropy Spring 1991
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Network Linking Conservatives in 50 States
"The forces of Liberalism are At a Heritage Foundation lecture in Nation's Business, the magazine of the
regrouping in their two remaining po- the spring of 1990, ALEC Executive U.S. Chamber of Commerce, is strik-
litical strongholds — the stales and the Director Sam Brunelli offered this vi- ingly similar 10 the ALEC agenda: no
cities. Deadly traps await the Reagan sion of his organization: "ALEC's goal new taxes and a reduction in capital
Program as power and responsibility are is to ensure that these state legislators gains taxes, a continuation of Reagan's
turned over to the states." are so well informed, so well armed, that deregulation ofbusiness, nogovemment
So warned the American Legisla- they can set the terms of the public mandating of worker benefits, and edu-
tive Exchange Council (ALEC) in a policy debate, that they can change the cational reform, to ensure a competent
1980 fund raising appeal. agenda, that they can lead This is the workforce for the future.
ALEC has grown from a handful of infrastructure that will reclaim the states "ALECscrctoisthatbusmessca^
right-wing legislators in 1973 to 2,400 for our movement" should, and must be an ally of legisla-
conservative officeholders in all tors," according to its literature
50 states in 1991 — or nearly a (italics theirs). "Thecornerstone
third of the nation's 7,500 state
legislators.
MERIGIN of the ALEC program is the fo-
rum it provides for the private
The group is housed in the
Washington, D.C. headquarters
EGlSWTIkE
rtiX ,J(ChMNGE sector to work in a one-on-one
relationship with state legisla-
of the Heritage Foundation, a tors to develop public policies
seven-story brick building on that are pro-growth, pro-busi-
Capitol Hill, appointed with thick
rugs, chandaliers and enormous HlllHbOUNCIL ness and pro-freedom."
For a $5,000 annual fee,
floral arrangements. On the sec- businesses are invited to par-
ondfloor,near the Ukrainian Congress Along with state level think tanks ticipate in ALEC's 16 issue-area task
Committee of America and Amway and regional legal foundations in the forces, described as "the engines that
headquarters, ALEC has a suite of of- Madison Group (see article, p. 1), ALEC drive ALEC." Through the task forces,
fices. hopes to wrest control of state govern- corporate representatives help develop
ALEC has more in common with ment from what it sees as Leftist domi- model legislation, write publications
Heritage than an address. Both were nation. "As we might expect, [liberals] and set ALEC's policy agenda and pri-
bom in 1973, with Paul Weyrich, head have read and understood Mao's dic- orities.
of the Committee for Survival of a Free tum: take the countryside and the capital More than 200 corporations have
Congress, playing a founding role in wiD fall" Brunelli warns. accepted ALEC's invitation to partici-
each. While Heritage focuses on Wash- A primary objective of ALEC is to pate, from the Adolph Coors Company
ington policy, ALEC was created to advocate for corporate interests at the and Amway to IBM, Ford Motor, Philip
nurture conservative officeholders state level. "A Business Agenda for the Morris and Scott Paper. Exxon, Texaco
around the nation. 90s," the cover story in a recent issue of (continued on p. 12)
National Committee for Responsive Philanthropy Nonprofit

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AMERICAN
LEGISLATIVE
EXCHANGE
COUNCIL
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786
Til 9430241
1995 Board of Directors
National Chairman Representative Brenda Burns Representative Mike Padden

Senator Ray Powers Arizona Washington
Colorado Senator George L. "Doc'Gunther Senator Dick Posthumus
Connecticut Michigan
First Vice Chairman
Representative Dale Van Vy ven Representative David Halbrook Senator William J. Raggio
Ohio Mississippi Nevada
Second Vice Chairman Representative Roger Halvorson Senator Dean A. Rhoads
Senator Joseph Manchin, HI Iowa Nevada
West Vmginia
Representative Bobby Hogue Assemblyman Robert A. Straniere
Treasurer Arkansas New York
Representative Bonnie Sue Cooper
Missouri Representative Perry Hooper, Jr. Ex-Ojfkio Members
Alabama
Secretary Mr. Allan E. Auger
Senator Brad Gorham Senator Owen Johnson Coors Brewing Company
Rhode Island New York Private Enterprise Board Chairman
Immediate Past Chairman Representative Donna Jones Samuel A. Brunelli
Representative Harold J. Brubaker Idaho Executive Director
North Carolina
Representative Carolyn Oakley
Oregon
1995 Private Enterprise Board

Chairman Mr. Lawrence Bennett, Mr. Frank S. Messersmith,
Southern Pacific Transportation Messer, Vickers.Caparello, Madsen,
Mr. Allan E. Auger, Corporation Lewis & Metz
Coors Brewing Company
Ms. Jane Cahill, Mr. Gerald J. Mossinghoff,
First Vice Chairman Cahill, Wolf gram and Associates Pharmaceutical Research
Ms. Tina A. Walls, & Manufacturers ofAmerica
Philip Morris U.S.A. Ms. Marie Chelli,
Mr. Roger L. Mozingo,
Second Vice Chairman Joseph E. Seagram & Sons, Inc. R.J. Reynolds Tobacco Company
Mr. Alan Bronson Smith,
Nationwide Insurance Companies Mr. Louie Curto, Shell Oil Company Mr. Pete Poynter, BellSouth
Secretary Mr. Craig Fitzgerald, Glaxo, Inc. Mr, Raymond J. Snokhous,

Mr. Edward D. Failor, Mr. Les Goldberg, Houston Industries, Inc.
lowansfor Tax Relief American Express Company
Mr. Daniel J. Zaloudek,
Immediate Past Chairman Mr. Charles Hardwick, Pfizer, Inc. Koch Industries, Inc.
Mr. Ronald F, Scheberle,
GTE Corporation Mr. Kirk Henry, Ex-Officia Members
Household International, Inc. Senator Ray Powers, Colorado
National Chairman
Mr, Jeffrey Lane,
Procter & Gamble Company Mr. Samuel A. Brunelli
Executive Director
Ms. Rebecca B.Linn,
Stset Re cycling Institute
r
ALEC State Chairs ALEC State Private Sector Chairs
A'ai;—a. —.r.i-.s F<rr, K:-jer. Jr. Mr. J: - -- D. Cna-.-,f."l ' . V - : M ^ ; r ; - - T cf A ' i r r r j
Alaslo Eegrese-.tiV.e Sean T. Famc-ll M; Ka-.hr,7i Tr.:.-ar. AF.CTECH S:r.,cei
ArizOr.i 3re-.Xi E . Mr. RLSSJII S~:!l:n Si't F.i-.er Frc.-ct
Mr Lane Kidl Arkirr,^ M:t;r Cancers Aj:cciai"
Are.ar,.sas Mr M.chad Wright Svr.:=i Lars, Inc.
Asirrn'jyman F!a>—.--:! NHayr.es Mr. Mike O Meara, S>-:e-j Labs. Ir.c.
California Senator Bill Leonard
Representative David T. Owen Mr. Allan E. Auger, Coors Brewing Company
Colorado Ms. Fan Inman. Philip Morris U.S.A.
Ssnaror George L. Giinther
Connecticut Representative Joseph R. Fetrilli David L. Fress. Texaco. U.S.A.
Delaware Representative Dsbby P. Sanderson Mr. Henry T. Vinson, Tampa Electric
Florida Representative Earl Ehrhart Mr. Ronald Spencer, United Parcel Service
Georgia Representative David Stegmaier Mr. George Mason, Pacific Business News
Hawaii Ms. Jane Tatibouet. ASTON Hotels and Resorts
Senator Mary Hartung Mr. Karl Shurtliff, GTE Northwest
Idaho Representative Donna M. Jones
Representative Bernic E. Pederscn Mr. Walter C. Klein, Jr., Sears Mortgage Corporation
Illinois Mr Bert Jones, Burroughs Wellcome Company
Representative Samuel R. Tarpin Mr. Robert Fowler. Indiana Chamber of Commerce
Indiana Senator Thomas J. Wyss Mr. Charles Hi'tunen, Sagamare-Bainbridge Inc.
Representative Roger A. Halvorson Mr. Lester A. Juon, Midwest Power Systems
Iowa Representative Kenneth R. King Mr. Ron Hein, Hcin, Ebert, Weir
Kansas Representative Susan Wagle Ms. Julie Hein, Hein, Ebert, Weir
Representative Tom Riner
Kentucky Senator Richard L. Reeding
Louisiana Representative Noble Ellington Mr. Ralph Miller, Frecpott'MacMoran, Inc.
Maine Representative Peggy A. Pendleton Mr. David R. Clough, DR Clough and Company
Senator Charles E. Summers
Maryland Delegate Martha S, Klima Ms Roberta E. Dillow, Baltimore Gas &. Electric Co.
Mr. August P. Alegi, GEICO
Massachusetts Representative Paul C, Casey
Representative Edward B. Teague
Michigan Representative James M. Middaugh Mr. Norman Saari, Consumers Power Company
Minnesota Senator Linda Runbeck
Mississippi Representative Ted Foster Mr. Liles Williams, Irby Construction
Missouri Representative Gary Burton Mr. Roy Cagle, Glaxo, Inc.
Montana Senator Lorents Grosfield Mr. Gary Willis. Montana Power
Nebraska Senator Rex S. Haberman
Nevada Senator Dean A. Rhoads Mr. Larry Bennett. Southern Pacific TransportationCo.
Mr. Samuel P. McMuIlen, McMullen Strategic Group
New Hampshire Senator Eleanor P. Podles Mr. Peter Wells, Heallhsouree. Inc.
Representative Beverly T. Rodcschirt
New Jersey Assemblywoman Clare M. Farragher Mr. Joseph Gonzales, NJ Business & Industry Association
Mr Jon P. Spinnanger, New Jersey Bell
New Mexico Representative Jerry Lee Alwiu
New York Assemblyman Robert A. Straniere Mr. Robert Luna, Glaxo Inc.
Mr. Steve Wolfgram, Cahill, Wolfgram & Associates
North Carolina Representative Richard T. Morgan Mr. John Bowdish, Burroughs Wellcome Company
Representative Michael S. Wilkins Mr. Marion Suit!, Glaxo, Inc.
North Dakota Representative Francis J. Wald Mr. Dennis Buyd, Montana-Dakota Utilities
Mr. Melvin A. Kambeitz, US West
Ohio Representative Lynn R. Wachtmann Mr. Scott Fisher, Phillip-Morris
Representative Jim Dunlop Mr. Michael G. McGraw, Oxy USA Inc.
Oklahoma Mr. Leo J. Hauser, Parke-Davis
Representative Carolyn Oakley Mr. Jim Gardner, Gardner & Cosgrove
Oregon Mr. Frank W Pillow, GTE Telephone Operations
Representauv Robert J. Flick Mr, Joseph Benish, Pennsylvania Electnc Company
Pennsylvania Represemaiiv James R. Merry Mr Thomas J. Usiadek, United Telephone Co.
Senator Robert Rohbins
Puerto Rico Representative Rafael Caro Tirado
Rhode Island Representative Wayne L Salisbury
South Carolina Representative Ronald C. Fulmer Mr. Dan E. Jones, Laidlaw Environments! Services
South Dakota Representative Delia M. Wnhard
Tennessee Repre-cnTative Steve McDaniel Mr. Pat McKl'.cen, United Parcel Service
Mr. Warrick G. Robinson, South Central Beil Telephone Co.
Texas Kepresenta'ive D.R. Uher Mr. Rav Snokhcus. Houston Industries
Utah Representative Mcl-.in R. Brown Mr. Dennis R. Wood, US West
Represertan.e Christine Fox
Vernn.nl Representa'i.e Joan A. Ccnanl Mr. Frederick N. Cook, NFIB Vermont
Virginia Senator Steve H. Matin Mr, Jay S. Fees!:. Phi!,p Morns USA
Washington Senator Emit o Cava
West Vircmia Senator Joseph March'!. Ill
Wiscc-sm Representative Scctt Jensen
Sera'cr George Petal,
Wvcr-i..-3 Rep:e-.;r!a'.i;e Rick Ten-pest Mr. Greg Schaeffer, TJ-.-irdcr Basin Coal C c - p :
788
Til 2-
ALEC Task Force Chairs
Legislative Chair Private Sector Chair
Agriculture Task Force
Senator Don Anient, Colorado
Business and Labor Task Force

Representative Gary Daniels, New Hampshire Mr. Michael O'Brien, National Association
of Home Builders
Civil Justice Task Force
Senator John Greene, Arizona Mr. "Victor Schartz, Esq., Crowel & Morning
Competitiveness Task Force

Assemblyman Robert Straniere, New York
Criminal Justice Task Force

Representative Jerry Alwin, New Mexico Mr. Gary Barrett, National Association
of Bail Insurance Companies
Education Task Force
Representative Theresa Esposito, North Carolina Dr. Lois Gerber, National Independent Private
Schools Association
Empowerment Task Force
Senator Stephen Martin, Virginia
Energy, Environment,
and Natural Resources Task Force
Representative Warren Chisum, Texas Vice Chair: Ms. Vicki Jones, Mobil Corp.
Vice Chair: Senator Mike Gunn, Mississippi
Health Care Task Force

Representative Karen Steele, Vermont Mr. Spencer Hathaway, Syntex Labs
Insurance Task Force

Representative David Owen, Colorado Mr. Alan Bronson Smith, Nationwide
Vice Chair: Representative Kim Brimer, Texas
Real Eestate, Banking and Financial Services Task Force

Assemblywoman Kathy Augustine, Nevada Mr. Kirk Henry, Household International
Vice Chair: Senator Billy Hewes, Mississippi
Tax and Fiscal Policy Task Force

Representative Tony Grampas, Colorado Mr. Derek Crawford, Philip Morris, Inc.
Telecommunications
Representative Philip Hoffman, Michigan Mr. Bob Robinson, GTE
Vice Chair: Senator Pud Graham, Mississippi
Trade, Travel, and Tourism Task Force

Representative Jack Regan, Nevada Ms. Kymberly Messersmith, American Express Company
Vice Chair: Representative Richard Morgan, North Carolina
Transportation Task Force

Representative Cal Skinner, Illinois Mr. Chuck Back, Ryder Systems, Inc.
5789
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A L E C National Staff
Samuel A. Brunelli
Executive Director
ADMINISTRATION DEVELOPMENT MEETINGS & CONVENTIONS
Robert W. Bennett Matthew Bordonaro Robert \V. Bennett

Chief of Staff & White House Liaison Director of Development Director of Meetings & Conventions
A. Lining Burnet Roop Mohunlall Jeff Howell

Director of Programs Director of Frcjact Development Assistant Director of
Meetings & Conventions
Beverke A. Lee Larry Bailey
Director of Finance Director of Corporate Corrcspandsnce Jennifer Whtttier
Meetings & Conventions Coordinator
Denise Winston
Office Manager
PUBLIC AFFAIRS ALEC FOUNDATION
John Carlisle
Special Assistant to the Noel R. Card William Myers
Executive Director Director of Public Affairs Vice President for Research rtnd Planning
Sarah Lawrence Jennifer Lester Garland McCoy
Administrative Assistant Public Affairs Assistant Vice President for Development
Angela Armstrong Dennis Bartlett

STATE DEVELOPMENT Intern Senior Project Manager
Brad Boutilier Michael Hostra

Director of State Development Intern
Jeff Howell
Assistant Director of Membership Services
POLICY STAFF
Wendell Cox
Director of State Legislation and Policy
Tim Beauchemin Molly Bordonaro Tracey Prihhle

Senior Legislative Director Senior Legislative Director Senior Legislative Director
• State Sovereignty • State Sovereignty • State Sovereignty (Team Leader)
Shari Owen Katherine Epler Ian Calkins

Task Force Director for the Task Force Director for the Task Force Director for the
• Criminal Justice Task Force • Health Care Task Force • Competitiveness Task Force
• Empowerment, Opportunity • Real Estate and Banking Task Force • Tax and Fiscal Policy Task Force
and Urban Poverty Task Force • Trade, Travel & Tourism Task Force
Tim Morrison
Kimberij Roberts Task Force Director for the Michael Sparks
Task Fcrce Director for the • Business and Labcr Task Force Task Force Director for the
• lnsarar.ee Task Force • Civil Justice Task Force • Agriculture Task Force
• Telecommunications Task Force • Education Task Force • Energy, Environment & Natural
Resources Task Force
Jose Lofcera • Transpcrtatnn Tsuk Force
Leciskti'.e Assiitrt
Jean Hudson
Legislative Assistant
790
1115420245
The American Legislative Exchange Council (ALEC) was founded by a small group of
Democratic and Republican state legislators who shared a common commitment to the
Jeffersonian principles of free markets, limited government and individual liberty. Today,
ALEC has grown to become the nation's largest bipartisan, individual membership organi-
zation of state legislators, with 2,600 members throughout the 50 states, Puerto Rico and
Guam. Nearly one-third of ALEC's members hold leadership positions in their legislatures.
ALEC brings the states and the nation together through conferences, seminars, publica-
tions, and its 15 National Legislative Task Forces. Each provides a unique vehicle for legis-
lators to communicate across state lines, share experiences and ideas, and work in unison
with the private sector members to create effective public policies.
ALEC's goal is to ensure that our legislative members are fully armed with the information,
research and ideas they need to win in the legislative arena. ALEC publications keep mem-
bers up-to-date on emerging trends and provide in-depth analysis of issues at the state level.
ALEC conferences and meetings promote colleague to colleague communication by link-
ing like-minded legislators together. ALEC Legislative Task Forces provide a forum in which
legislators and private sector members discuss issues, develop policies and write model
legislation.
Unlike other state legislative organizations, ALEC's credo is that business should be an ally,
not an adversary, of state legislators. ALEC provides the private sector with an unparalleled
opportunity to have their voices heard, their perspectives appreciated and their interests put
before the pro-free enterprise state legislators of ALEC. Through ALEC, legislators and the
private sector work in a dynamic partnership to develop public policies that harness the
immense power of free markets and free enterprise to encourage economic growth, increase
the nation's competitiveness, and improve the quality of life for all.
I ALEC I
1111
TI1S42Q247
MERIOIN
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OUNCIL
»>I0 17"'Strict N.W.
Fifth Floor
Washington, !).( .20006
(21121 -H.d-.Wm
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SlWIMI) Ktl I'l >» F « - SWUM \ . Km \ i i i I

( l>h>liull> I \ t i i i t i \ i llirriiur
I'W? National ( IKIII in.iii I'rivaU I nil i|>i I M Itoaril ( li.iiiman
©2013 Center for Media and Democracy. All rights reserved. No part of this document may be
reproduced or utilized in any form or by any means, electronic or mechanical, including photography,
recording, or by information exchange and retrieval system, without permission from the authors.
Center for Media and Democracy

ALECexposed.org | PRWatch.org | SourceWatch.org
520 University Avenue, Suite 260
Madison, WI 53703 | (608) 260-9713
(This publication is available on the internet at ALECexposed.org)
Acknowledgments: Nick Surgey, Brendan Fischer, Mary Bottari, Rebekah Wilce, Alex Oberley, Lisa
Graves, Harriet Rowan, Friday Thorn, Sari Williams, Patricia Barden, Nikolina Lazic, Beau Hodai,
Katelin Lorenze, Laura Steigerwald, Gabe Heck, Seep Paliwal, Samantha Lasko, Madeleine Behr, and
Isabel Carson.
Table of Contents
Introduction .......................................................................... 1
ALEC 2013 Agenda Harkens Back to a Bygone Era
Executive Summary ......................................................... 3

466 ALEC Bills in 2013 Reflect Corporate Agenda
Stand Your Ground and Voter ID ........................................ 5

62 Bills Introduced in 2013 Despite ALEC’s Move to Disband
Controversial Task Force
Just How Low Can Your Salary Go? ............................... 9

117 ALEC Bills in 2013 Fuel Race to the Bottom in Wages and Worker Rights
Cashing in on Kids ................................................................. 18

139 ALEC Bills in 2013 Promote a Private, For-Profit Education Model
Dirty Hands .......................................................................... 26

77 ALEC Bills in 2013 Advance a Big Oil, Big Ag Agenda
Justice Denied ................................................................. 33

71 ALEC Bills in 2013 Make It Harder to Hold Corporations Accountable for
Causing Injury or Death
Additional Information ......................................................... 38

Introduction
ALEC 2013 Agenda Harkens Back to a Bygone Era
The year was 1973. Richard Nixon said he was “not a crook.” John Dean said there was “a cancer on the presi-
dency.” Pinochet was taking over Chile; George Wallace was still in charge of Alabama. Gasoline was 40 cents a
gallon and the minimum wage was $1.60 an hour.
In Illinois, a group of legislators gathered to remake America. On their minds: “limited government,” “free mar-
kets,” “federalism,” and let’s not forget the girls.
The Gaslight Club in Chicago hosted one of ALEC’s
first events. A young State Representative named Donald
Totten brought friends and colleagues Henry Hyde, Wis-
consin’s Jim Sensenbrenner, and Ohio’s “Buz” Lukens to
meet the “Gaslight Girls.” The Playboy-like club still ex-
ists -- “echoing traditions of another era” -- a phrase that
well describes ALEC itself.
Forty years later, ALEC legislators seem to be hankering
for this bygone era. In this report, the Center for Media
and Democracy identifies hundreds of ALEC “model”
bills introduced in 2013, yet pursuing a retrograde agen-
da. At the top of the heap, bills to roll back wages, worker
rights, access to paid sick leave, and even renewable en‑
“Gaslight Girls” serenade ALEC.
ergy standards.
ALEC’s education agenda is geared almost entirely toward starving the public education system to fund private
schools and returning us to the days when rich and poor were safely segregated. ALEC’s corporate agenda would
turn back the clock to the time when consumers had no recourse when they were injured or killed by dangerous
products or services.
And we can’t forget guns (though ALEC would like us
to). ALEC’s extreme gun laws, like Stand Your Ground,
are still on the books doing untold damage to new gener-
ations of youth.
This year ALEC, the American Legislative Exchange
Council, returns to the Windy City to celebrate its 40th
anniversary. At this meeting -- as in all ALEC meet-
ings -- lobbyists from U.S. and foreign corporations will
vote as equals alongside state legislators to adopt ALEC
“model” bills, which then will be distributed nationwide
with little disclosure of their ALEC roots.
In 2013, ALEC is going to new lengths to hide its lob- Henry Hyde on left at Gaslight Club.
bying of legislators from the public eye. It has taken to
stamping all its documents as exempt from state public records laws and dodging open records with a “dropbox”
1
website and other tricks. After Watergate, many states strengthened their laws regarding open meetings and open
records, but real sunshine on government is anathema to ALEC.
ALEC has faced increasing scrutiny since the Center
for Media and Democracy launched its ALEC Exposed
project in July 2011, making the entire ALEC library of
more than 800 “model” bills publicly available for the
first time. Since then, groups including Color of Change,
Common Cause, Progress Now, People for the American
Way, the Voters Legislative Transparency Project, and
others have put ALEC in the spotlight like never before.
To date, 49 major American corporations have dumped
ALEC, including some of the largest firms in the world.
While these firms look to the future, Big Tobacco, Big
PhRMA, and the Kochs continue to be stuck in the
past. These firms continue to fund and defend ALEC Donald “Buz” Lukens (center) at Gaslight Club,
and an agenda that George Wallace would have loved. later involved in sex scandal.
2
Executive Summary
466 ALEC Bills in 2013 Reflect Corporate Agenda
For this report, which focuses on ALEC’s 2013 legislative agenda, the Center for Media and Democracy (CMD)
researched five areas: 1) Voter ID and Stand Your Ground legislation, 2) wages and worker rights, 3) public educa-
tion, 4) the environment, and 5) citizen access to the courts. Research continues on other areas of ALEC’s agenda.
Key Findings:
• CMD identified 466 ALEC bills from the 2013 session. 84 of these passed and became law. ALEC bills
were introduced in every state in the nation and the District of Columbia in 2013. The top ALEC states were
West Virginia (25 bills) and Missouri (21 bills).
• Despite ALEC’s effort to distance itself from Voter ID and Stand Your Ground by disbanding its contro-
versial Public Safety and Elections Task Force, 62 of these laws were introduced: 10 Stand Your Ground bills
and 52 bills to enact or tighten Voter ID restrictions. Five states enacted additional Voter ID restrictions, and
two states passed Stand Your Ground.
• CMD identified 117 ALEC bills that affect wages and worker rights. 14 of these became law. These bills
included so-called “Right to Work” legislation, part of the ALEC agenda since at least 1979, introduced in 15
states this year. Other bills would preempt local living or minimum wage ordinances, facilitate the privatiza-
tion of public services, scrap defined benefit pension plans, or undermine the ability of unions to organize to
protect workers.
• CMD identified 139 ALEC bills that affect public education. 31 of these became law. Just seven states did
not have an ALEC education bill introduced this year. Among other things, these bills would siphon taxpayer
money from the public education system to benefit for-profit private schools, including the “Great Schools Tax
Credit Act,” introduced in 10 states.
• CMD identified 77 ALEC bills that advance a polluter agenda. 17 of these became law. Numerous ALEC
“model” bills were introduced that promote a fossil fuel and fracking agenda and undermine environmental
regulations. The “Electricity Freedom Act,” which would repeal state renewable portfolio standards, was in-
troduced in six states this year.
• CMD identified 71 ALEC bills narrowing citizen access to the courts. 14 of these became law. These bills
cap damages, limit corporate liability, or otherwise make it more difficult for citizens to hold corporations to
account when their products or services result in injury or death.
• CMD identified nine states that have been inspired by ALEC’s “Animal and Ecological Terrorism Act” to
crack down on videographers documenting abuses on factory farms. These so-called “ag-gag” bills erode First
Amendment rights, and threaten the ability of journalists and investigators to pursue food safety and animal
welfare investigations.
• CMD identified 11 states that introduced bills to override or prevent local paid sick leave ordinances, such
as the one recently enacted in New York City. At least eight of these bills were sponsored by known ALEC
3
members. Although ALEC has not adopted a preemption bill as an official “model,” ALEC member the Na-
tional Restaurant Association brought a bill to override local paid sick leave ordinances to an ALEC meeting
in 2011, along with a target map and other materials.
ALEC’s Agenda in Chicago

As ALEC convenes in Chicago for its 40th Annual Meeting, CMD has discovered through open records requests
that ALEC has more bad bills on the docket. The new or amended bills being considered in Chicago include:
• Renewing ALEC’s objection to efforts to link the minimum wage to the consumer price index,
• New hurdles that could prevent or delay benefits to temporary workers, one of the most vulnerable classes
of workers in the economy,
• New efforts to eliminate occupational licensing for any profession, which help guarantee that people who
want to call themselves doctors, long-haul truckers, accountants, or barbers meet basic standards of training
and expertise to guarantee that consumers are safe and get what they pay for (under the bill, the state would
have to show a compelling interest and that licensing was the least restrictive means to regulate),
• More corporate tax write-offs for ALEC’s school privatization scheme,
• New ways to thwart local democratic control by prohibiting city or county governments from regulating
genetically modified plant seeds, which benefits the companies ALEC member CropLife America represents,
• More pressure to prevent any type of carbon tax that would help address global warming (but would in-
crease taxes for the oil companies that fund ALEC),
• More efforts to undermine renewable energy initiatives and maintain reliance on coal and other fossil fuels.
In Chicago, corporate sponsors plan to “educate” lawmakers on a variety of topics. Some of these workshops carry
a $40,000 price tag for sponsors:
• Expanding virtual “schools,” which enriches ALEC’s online school corporate funders, such as K12 Inc.,
• How fracking America can lead to increased profits through exporting natural gas and the risk posed by
local bans on fracking,
• Defeating efforts to regulate bee-killing chemicals like Dinotefuran, a neonicotinoid type of pesticide,
courtesy of one of the corporations whose chemicals resulted in a massive killing of bumble bees in Oregon:
Valent USA (a subsidiary of the Japanese mega-firm Sumitomo Chemical),
• Blocking GMO labeling that would allow consumers to know if they are buying genetically engineered
food, one of the goals of agribusiness and chemical firms that bankroll ALEC.
4
Stand Your Ground and
Voter ID
62 Bills Introduced in 2013 Despite ALEC’s Move to Disband
Controversial Task Force
Despite ALEC’s effort to distance itself from Voter ID
and Stand Your Ground by disbanding its controversial
Public Safety and Elections Task Force, 62 of these laws
were introduced in 2013. 52 Voter ID bills were intro-
duced in 19 states and 10 states considered Stand Your
Ground bills. Five states enacted additional Voter ID
restrictions and two states passed Stand Your Ground.
In April of 2012, under growing public pressure and the
departure of multiple corporate members, ALEC an-
nounced that it would be disbanding the “Public Safety
and Elections Task Force” that had been responsible for
spreading Voter ID, Stand Your Ground, and other con-
troversial bills. But the legislation remains on the books Trayvon Martin
in most states and continues to get introduced in others.
In the first six months of 2013, nearly a year after ALEC
Stand Your Ground Laws Continue to Be Intro- disbanded its Public Safety and Elections Task Force,
duced ten more Stand Your Ground laws were introduced in
ten different states. Two passed.
In 2005, the National Rifle Association (NRA) con-
ceived the so-called Stand Your Ground law in Florida, New Voter ID Laws Coming Into Force
promoted its passage, then brought it to ALEC, where In 2009, one year after the election of the country’s first
the legislators and corporate lobbyists voted unani- black president with record turnout from people of color
mously to adopt it as a “model bill.” and college students, the Public Safety & Elections Task
Stand Your Ground laws came under new scrutiny after Force approved the model “Voter ID Act,” versions of
the February 2012 killing of 17-year-old Trayvon Martin which were introduced in a majority of states in 2011.
in Florida: the law was initially cited to protect George Voter ID laws are purportedly intended to prevent voter
Zimmerman from arrest, and during his trial, it was cit- fraud, which occurs at a statistically insignificant rate;
ed in the jury instructions (with one juror indicating that however, the laws threaten to have a statistically signif-
Stand Your Ground was key in their vote to acquit). icant impact on elections. At least ten million eligible
voters nationwide do not have the forms of state-issued
Since becoming an ALEC model, versions of Stand ID required under the laws, primarily the poor, people
Your Ground have become law in over two dozen other of color, and the elderly -- populations that tend to vote
states, and the number of homicides classified as “jus- for Democrats. The partisan motivations behind the
tifiable” has dramatically increased (and jumped 300 laws were laid bare last year when Pennsylvania’s House
percent in Florida). ALEC has publicly tried to distance Majority Leader told a crowd of Republicans that Voter
itself from these laws, but has done nothing to promote ID “is going to allow Gov. [Mitt] Romney to win the
their repeal. state of Pennsylvania.”
5
State courts and the Department of Justice blocked most
of the newly-enacted Voter ID restrictions before the
2012 elections. But after the U.S. Supreme Court’s recent
Shelby County decision gutting the Voting Rights Act,
ALEC-inspired Voter ID laws are coming into force in
many states where they were previously blocked, such
as South Carolina and Texas.
And Voter ID continues to get introduced in states
across the country. 52 bills to create or tighten Voter ID
restrictions were introduced in 19 states in 2013; laws
were enacted in five states.
Despite ALEC’s public relations efforts to distance itself
from bills like Stand Your Ground and Voter ID, the
bills continue to be introduced or remain on the books
in a majority of states, making it easier to get away with
murder and making it harder for many to vote.
6
ALEC Voter ID and Stand Your Ground Bills, 2013
ALEC Bill State State Bill # Passed
Voter ID Act Arkansas SB 2 X
Voter ID Act Arkansas SJR 1
Voter ID Act Connecticut HB 5153
Voter ID Act Illinois HB 976
Voter ID Act Illinois SB 1393
Voter ID Act Iowa HF 485
Voter ID Act Iowa SF 85
Voter ID Act Maryland HB 137
Voter ID Act Maryland HB 325
Voter ID Act Massachusetts HB 3308
Voter ID Act Massachusetts SB 335
Voter ID Act Massachusetts SB 339
Voter ID Act Missouri HB 216 (Joined
with HB 48)
Voter ID Act Missouri HB 48
Voter ID Act Missouri HB 660
Voter ID Act Missouri HJR 1
Voter ID Act Missouri HJR 12 (Joined
with HJR 5)
Voter ID Act Missouri HJR 5
Voter ID Act Missouri SB 27
Voter ID Act Missouri SJR 6
Voter ID Act Montana HB 108
Voter ID Act Nebraska LB 381
Voter ID Act Nevada AB 216
Voter ID Act New Jersey A 674
Voter ID Act New Jersey S 200
Voter ID Act New Mexico HB 103
Voter ID Act New York A 3788
Voter ID Act New York A 3789
Voter ID Act New York S 100
Voter ID Act North Carolina HB 253
Voter ID Act North Carolina HB 589 X
7
ALEC Voter ID and Stand Your Ground Bills, 2013 (Continued)
Voter ID Act North Carolina SB 235
Voter ID Act North Carolina SB 721
Voter ID Act North Dakota HB 1332 X
Voter ID Act Oklahoma HB 2116
Voter ID Act Tennessee SB 125 X
Voter ID Act Virginia HB 1337 X
Voter ID Act Virginia HB 1787
Voter ID Act Virginia SB 1256 X
Voter ID Act Virginia SB 719
Voter ID Act West Virginia HB 2215
Voter ID Act Wyoming SF 134
Castle Doctrine Act Alabama SB 286 X
Castle Doctrine Act Alaska HB 24 X
Castle Doctrine Act Colorado HB 13-1048
Castle Doctrine Act Florida HB 1047
Castle Doctrine Act Iowa HF 57
Castle Doctrine Act Nevada AB 70
Castle Doctrine Act Ohio HB 203
Castle Doctrine Act Virginia HB 1415
Castle Doctrine Act Washington HB 1371
Castle Doctrine Act West Virginia HB 2951
TOTAL ALEC Voter ID and Stand Your Ground 62 8
Bills:
8
Just How Low Can Your
Salary Go?
117 ALEC Bills in 2013 Fuel Race to the Bottom in Wages
and Worker Rights
At least 117 bills introduced in 2013 fuel a “race to the
bottom” in wages, benefits, and worker rights and re-
semble “model” bills from the American Legislative
Exchange Council (ALEC). 14 of these became law.
As working Americans speak out for higher wages, bet-
ter benefits, and respect in the workplace, a coordinated,
nationwide campaign to silence them is mounting -- and
ALEC is at the heart of it. ALEC corporations, right-
wing think tanks, and monied interests like the Koch
brothers are pushing legislation throughout the country
designed to drive down wages; limit health care, pen-
sions, and other benefits; and cripple working families’
participation in the political and legislative process.
A silent protester cries while wearing a sticker over her
ALEC has pushed an anti-worker agenda since at least mouth signifying the loss in wages from the “Right to Work”
1979, when it began striking out against “forced union- law in Lansing, Mich., Wednesday, Dec. 12, 2012. Michigan
ism” and for a “right to work,” says a 1998 ALEC doc- became the 24th state with a right-to-work law after Gov.
ument. This “right to work” agenda does not create jobs Rick Snyder signed the bill. (AP Photo/Paul Sancya)
or job security, but it does tilt the playing field against
workers to give corporations more profits -- and CEOs introducing a “Budget Repair Bill” (Act 10) that ef-
more power -- in the workplace and in the political are- fectively eliminated collective bargaining for 380,000
na. school teachers, snow plow drivers, prison guards, nurs-
es, bus drivers, and more. A key aspect of the law, which
Emboldened ALEC Goes on the Offense prohibits government employers from using payroll de-
Shortly after the 2010 election in which Republicans duction of union dues, reflects ALEC’s so-called “pay-
won control of 26 state houses, ALEC welcomed hun- check protection” bills and the “Public Employer Pay-
dreds of new members at its annual States and Nation roll Deduction Policy Act.”
Policy Summit in Washington, D.C. December 1-3. On The move generated massive protests, an 18-day occu-
the agenda: how to crush unions -- key funders of the pation of the Capitol, and an attempted recall. Video
Democratic Party. Wisconsin Senator Majority leader of Walker talking to a billionaire campaign contribu-
and ALEC state chair Scott Fitzgerald said of the meet- tor surfaced in which he explained that the goal was to
ing, “I was surprised about how much momentum there “divide and conquer” -- first going after public sector
was in and around that discussion, like nothing I have workers, then private sector. Another governor with
ever seen before.” deep ties to ALEC, Governor John Kasich of Ohio, and
On February 11, 2011, ALEC legislators and Wiscon- his ALEC legislators followed Wisconsin’s lead when
sin Governor Scott Walker (a former state legislator they attempted to strip some 350,000 workers of their
and ALEC alum) sent shock waves through the state by collective bargaining rights, but the Ohioans succeeded
9
“paycheck protection” in Alabama, Arizona, Florida,
and Missouri. In 2012, Californians battled an ALEC-
style “paycheck protection” bill, disguised as campaign
finance reform. Prop 32 was defeated at the polls in No-
vember 2012, but not until millions had been spent on
both sides. Opponents were right to be worried. New
numbers from the Milwaukee Journal Sentinel show
that Wisconsin’s Act 10, which crippled unions’ ability
to negotiate for better pay and benefits, cut union mem-
bership in half and forced workers to pay thousands
more in benefits.
While ALEC and its supporters frame their actions as
fiscally responsible and pro-worker, it is clear that this is
Wisconsin Capitol 2011 protests a deeply political agenda. An analysis by the Economic
Policy Institute (EPI) shows that, on the whole, these
types of bills don’t create new rights for employees but
in overturning the law by statewide referendum in No-
“significantly tilt the political playing field by enabling
vember 2011.
unlimited corporate political spending while restricting
ALEC’s mallet of choice for private-sector workers is political spending of organized workers.” Fox News re-
so-called “Right to Work” legislation. These laws were porter Shepard Smith put it even more bluntly. He noted
utilitized in Southern states before and after WWII to that of the top 10 political donors in the United States,
supresss wages and keep out unions like the CIO, which only three donated to Democrats -- all unions. “Bust the
supported an end to Jim Crow laws and racial segre- unions, and it’s over” for the Democrats, he said.
gation. In the decades that followed, they made little
headway in northern states. In 2012, however, Governor
Mitch Daniels of Indiana rammed a “Right to Work”
bill through the legislature. Next was the battle royale
in Michigan. Governor Rick Snyder pushed “Right to
Work” through a lame duck session in December 2012
right before a new, more worker-friendly legislature was
sworn in. As CMD reported, it contained verbatim lan-
guage from the ALEC bill.
In every instance, ALEC and the Kochs were there to
cheer the radical policies on. Koch Industries has long
been an ALEC funder, serving on ALEC’s corporate
“Private Enterprise” board, but the Kochs also exercise
their power through Americans for Prosperity, a David
Koch founded and funded political action group that
spent millions on TV defending ALEC legislators and
Scott Walker against recall and providing fake, astro-
turf support for the bills in Ohio and Michigan. It’s not
the first time the Koch family has come to the aid of
union-busting bills. The Institute for Southern Studies
points out that in 1958, Kansas passed a right-to-work
law “with the support of Texas-born energy business-
man Fred Koch, who viewed unions as vessels for com-
munism and [racial] integration.”
Other high-profile ALEC fights include battles over Wisconsin Capitol protestor 2011
10
ALEC’s Attack on Wages, Benefits, and Unions • ALEC’s so-called “Right to Work Act” bill (in-
Harms All Workers troduced in 15 states in 2013) does nothing to create
jobs or job security, but it does shred the fabric of unions
ALEC’s wage suppression agenda also targets non- by preventing them from requiring each employee who
union workers in the low-wage sectors that are forming benefits from the terms of a contract to pay his or her
the core of the U.S. economy. In an issue brief called share of the costs of administering it. While unions
“The Politics of Wage Suppression: Inside ALEC’s Leg- can exist in “Right to Work” states, they are in a much
islative Campaign Against Low-Paid Workers,” the Na- weaker position. When a state can’t pass a proposal as
tional Employment Law Project counted 67 bills spon- radical as “Right to Work,” ALEC has provided dozens
sored or co-sponsored by ALEC politicians in 2011-12 of other options.
that eroded wages and labor standards.
• ALEC’s so-called “Paycheck Protection” bill (in-
Gordon Lafer, a political economist at the University troduced in six states in 2013) requires that unions es-
of Oregon’s Labor Education and Research Center and tablish separate segregated funds for political activities,
a research associate at the Economic Policy Institute and prohibits the collection of union dues for those ac-
(EPI), told CMD, “ALEC’s efforts against the minimum tivities without the express authorization of the employ-
wage, prevailing and living wage, paid sick leave, etc. ee. The “Public Employee Paycheck Protection Act”
are an across the board attempt both to worsen any kind (introduced in four states in 2013) forces employees to
of labor standard and also to undermine any institution- approve union payroll deductions each year. The “Po-
al or legal basis through which workers exercise some litical Funding Reform Act” (introduced in five states
control over the workplace in the labor market.” in 2013) prohibits payroll deductions for any funds that
As Lafer notes, the fate of union workers and non-union might be used for political purposes. The more extreme
workers are inextricably linked: “Unions help raise “Public Employer Payroll Deduction Policy Act” (in-
standards for non-union workers. In places with union- troduced in five states in 2013) prohibits deduction of
ized workers, that increases the pressure on employers all union dues. All these bills are attempts to dismantle
of non-unionized workers to reach and meet similar unions in the guise of worker freedom. For federal elec-
standards.” To cite just one example, ALEC’s “Right to toral spending, unions already have segregated funding
Work” law alone depresses wages for both union and requirements. At the state level, the U.S. Supreme Court
non-union workers by an average of $1,500 a year, ac- long ago gave protections to any worker who does not
cording to an EPI study. want their union dues to go to politics. Unions have had
opt-out systems in place for decades.
The video, produced by University of Iowa historian
• Multiple bills attacking prevailing wage, living
Colin Gordon for EPI, graphically illustrates how as
wages, and minimum wages have been introduced
union membership declined from 1979 to 2009, income
across the country (in at least 14 states). ALEC is on re-
inequality increased (a static version of the chart is
cord as being against these measures that not only put an
available here).
upward pressure on wages in a region but also set a very
But you won’t see these statistics at ALEC. In an annu- low floor (a full-time worker earning minimum wage
al propagandistic ritual, ALEC “scholars” rank states’ earns $15,080 a year, which is not much for a family of
economic outlook based on how well states are follow- four to live on) below which not even the Koch brothers
ing ALEC policy prescriptions. While Wisconsin under are allowed to pay. Experts at the National Employment
Scott Walker has consistently ranked amongst the worst Law Project say that ALEC’s “wage suppression agen-
in the country in job growth and economic performance da” serves as a significant counterforce to fights across
even by groups like the U.S. Chamber of Commerce, the nation at the state and local level for better wages
in ALEC’s world, Walker’s state is 15th in economic and workplace standards.
outlook. • ALEC advances privatization and outsourcing of
ALEC Bills Attack Working Families public services to workers with fewer credentials, low-
er salaries and fewer benefits, with model bills such as
ALEC specializes in bill names that only a master pro- the Council On Efficient Government Act (introduced
pagandist would love: in four states), which establishes a committee to assess
how for-profit corporations can capture taxpayer dollars
11
by operating public services. AT&T, State Farm Insurance, and UPS are on ALEC’s
• Michigan’s Mackinac Center -- an ALEC member corporate “Private Enterprise” board. Anheuser-Bus-
and a member of the network of right-wing state-based ch, LoanMax, Cracker Barrel Old Country Store, Tex-
think tanks the State Policy Network that works closely as Roadhouse, FedEx, John Deere, and Visa are on the
with ALEC -- brought three new bills limiting work- commerce task force (more corporations and groups
ers’ rights to ALEC’s Commerce, Insurance, and Eco- on this task force can be found here). Although ALEC
nomic Development Task Force in 2012: “The Election doesn’t make public the roll call for each vote, it is clear
Accountability for Municipal Employee Union Rep- that the majority of these firms have backed this agenda
resentatives Act” (introduced in Idaho) would require with their votes and with their funding and continued
public sector employees to vote on unionization every support for ALEC. At least 49 corporations have decid-
three to five years (a majority of all eligible members ed to take another path, responding to consumer pres-
-- not just voting members -- would be required to main- sure to cut ties with the organization.
tain union representation); “The Decertification Elec- • Koch Industries, a representative of the lobbying
tions Act” (introduced in Arizona) would make it easier arm of Koch Industries has served on ALEC’s govern-
for both public and private employees to decertify their ing “Private Enterprise” board for many years, funding
union; and “The Financial Accountability for Public and approving ALEC’s race-to-the-bottom agenda on
Employee Unions Act” (introduced in Montana; passed worker rights. Safety violations at some of Koch plants
Michigan in 2012) would require public sector unions to have lead to fines and other penalties from the Occupa-
publish audits of their financial activities. tional Safety and Health Administration (OSHA), and in
• Ten states introduced proposals to dramatically some cases workers have died.
alter pensions for teachers and other public employees • Cintra, based in Spain, and Macquarie and
by moving towards the elimination of defined benefit TransUrban, both Australian corporations (together,
pension plans (which guarantee a certain level of bene- the world’s largest developers of privatized infrastruc-
fits), to be replaced by defined contribution plans (which ture, particularly toll roads), are members of the ALEC
leave the payout to market forces). These bills reflect the Commerce, Insurance, and Economic Development
principles in the ALEC “Public Employees’ Portable Task Force, which approves bills limiting worker rights.
Retirement Option (PRO) Act” and the ALEC “State- Cintra and Macquarie have teamed up to cut multi-bil-
ment of Principles on State and Local Government lion dollar deals to take control of highways in places
Pension and Other Post Employment Benefits Plans.” like Indiana and Illinois, basically granting companies a
These proposals are backed by big Wall Street firms, monopoly to help state government raise quick revenue
which earn money by extracting millions of dollars in in the short term, but in the long-term saddling consum-
fees and administration costs from privately-managed ers with high fees and the state with lost revenue.
retirement plans. It is worth noting that ALEC also sup-
• Tobacco companies Altria (formerly Philip Mor-
ris) and Reynolds American both sit on ALEC’s corpo-
ports the privatization of Social Security, with its “Res-
rate “Private Enterprise” board. According to the Farm
olution Urging Congress To Modernize the Social
Security System With Personal Retirement Accounts Labor Organizing Committee of the AFL-CIO, Reyn-
olds American’s and Altria’s human rights abuses of
(PRA’s)” (introduced in Arizona this year).
ALEC Corporations Reap the Rewards workers at the bottom of its supply chain have included
sub-minimum wages, child labor, heat stroke, pesticide
All ALEC firms benefit from ALEC’s efforts to ad- and nicotine poisoning, green tobacco sickness, lack of
vance a low-road for wages and working conditions in water and breaks during work, and worker fatalities.
America, but some firms have special culpability for
this agenda: Average Americans Pay the Price
• Software company SAP America, the American Eleven states have introduced bills in 2013 to override
Bail Coalition, Pfizer Inc. and the pharmaceutical trade or prevent local paid sick leave ordinances. At least eight
association PhRMA, Exxon Mobil Corporation, En- of these were sponsored by ALEC members, and this
ergy Future Holdings, and the coal company Peabody is no accident. Although ALEC has not adopted such a
Energy, the alcohol giant Diageo North America, Inc., bill as an official “model,” ALEC member the National
Restaurant Association (NRA) brought a bill to override
12
local paid sick leave ordinances to ALEC in 2011, as
CMD has reported.
The commerce task force’s Labor and Business Regula-
tion Subcommittee took up “paid family medical leave”
as the sole topic of discussion at the ALEC 2011 Annual
Meeting in Louisiana. Subcommittee meeting attendees
were given complete copies of Wisconsin’s 2011 Senate
Bill 23 (now Wisconsin Act 16). They were also handed
a target list and map of state and local paid sick leave
policies prepared by the NRA. Since then, Louisiana
enacted a similar law in 2012, and 2013 has seen the
introduction of a spate of similar bills, with Mississip- Flora Anaya (Source: Voces de la Frontera)
pi, Kansas, Tennessee, and Florida signing the measures
into law. In 2009, I was pregnant and in pain. One day it was
so bad, I asked for permission to leave to go to the
Forty percent of American workers have no access to
emergency room. I told one supervisor, but that su-
paid sick leave. Family Values @ Work, a non-profit net-
pervisor didn’t relay it to my line supervisor, and
work of 21 state coalitions working for family-friendly
they stopped me from leaving. This happened all the
workplace polices, has documented some of the impact
time, to so many of us.
on workers and the economy in its brochure, “Sick and
Fired.” Among other facts, it notes that 23 percent of Conclusion
workers have been fired or threatened with dismissal
after taking time to care for themselves or their family ALEC has been a historic force in suppressing wages
members. and workers’ rights and continues to exert its influence
in states across the country in 2013. Where is the bottom
Wisconsin Act 16 overrode Milwaukee’s popular paid in ALEC’s race to the bottom for America’s workers?
sick leave ordinance that was passed in November 2008
by referendum with nearly 70 percent of the popular Charles Koch made the agenda of the Koch’s, ALEC
vote. In 2011, while the Capitol was surrounded by pro- and their allies very clear in a recent interview with the
testers and Democratic Senators were out of state, the Wichita Eagle. He laid out his vision of “economic free-
Wisconsin Legislature moved to override the measure. dom” for America. Key to this freedom for the Koch’s is
the repeal of the “avalanche of regulations” that creates
Ellen Bravo, head of Family Values @ Work told CMD, a “culture of dependency” in the United States.
“People were elated when they won the right to paid sick
days in Milwaukee, and outraged when that right was Top of the list of burdensome regulations needing re-
stolen from them by the state legislature in that incredi- peal? “The minimum wage,”opines Koch.
bly underhanded way.” Koch’s “economic freedom” and ALEC’s legislative
Flora Anaya worked at Palermo’s Pizza in Milwaukee agenda may not leave much of an economy for the rest
for five years. She and her co-workers decided to take of us.
action against the company because of its harsh paid Harold Schaitberger, General President of the Interna-
sick day policy. Anaya told CMD: tional Association of Fire Fighters, put it best when he
told CMD, “The sole purpose of ALEC has been to de-
“ Getting any type of day off for being sick was velop the most anti-middle class, pro-corporation pol-
extremely hard. Palermo’s sick day policy was ab- icies, legislation, and agenda in history. They’ve been
solutely inhumane. If you missed three days with- waiting for just the right moment to reverse the progress
in six months, you would lose your job, even if you of the American middle class and drive everyone to the
brought a doctor’s excuse. And if you were one min- bottom, to the lowest wages, the weakest benefits, no job
ute late to work, it was treated as an absence for the security, and no retirement to speak of. We may not have
entire day. the billions of dollars of the Koch brothers. But we have
each other and we must stick together and fight ALEC’s
cynical and un-American agenda.”
13
ALEC Worker Rights Bills, 2013
Act Providing for the Detection and Prevention of Fraud, Tennessee HB 397
Wast, Abuse, and Improper Payments in Sate Government
Act Providing for the Detection and Prevention of Fraud, Tennessee SB 556
Wast, Abuse, and Improper Payments in Sate Government
Alternative Certification Act Texas HB 2318 X
Alternative Certification Act West Virginia SB 359 X
Alternative Certification Act Maine SP 461
An Act Providing for the Detection and Prevention of Fraud New York S 4815
Waste Abuse and Improper Payments in State Government
At-will Employment Act Georgia HB 172
Career Ladder Opportunity Act Oklahoma HB 2121
Council on Efficient Government Act Utah HB 0094 X
Council on Efficient Government Act Oklahoma SB 1008 X
Council on Efficient Government Act Massachusetts SB 1550
Council on Efficient Government Act Massachusetts SB 1539
Council on Efficient Government Act South Carolina SB 226
Defined-Contribution Pension Reform Act Nebraska LB 638
Defined-Contribution Pension Reform Act Pennsylvania SB 2
Employee Rights Reform Act Missouri SB 29 Governor
veto
Employee Rights Reform Act Maryland SB 422 X
Employee Rights Reform Act Missouri SB 71
Employee Rights Reform Act Vermont H 64
Employee Rights Reform Act West Virginia SB 164
Great Teachers and Leaders Act Virginia SB 1223 X
Living Wage Mandate Preemption Act Florida H 655 X
Living Wage Mandate Preemption Act Mississippi HB 141 X
Living Wage Mandate Preemption Act Mississippi SB 2473
Living Wage Mandate Preemption Act South Carolina H 3941
Paycheck Protection Act Georgia HB 361 X
Paycheck Protection Act Kansas HB 2022 X
Paycheck Protection Act Connecticut HB 5699
Paycheck Protection Act Michigan SB 283
Paycheck Protection Act Montana SB 219
Paycheck Protection Act North Carolina SB 702
Paycheck Protection Act Oklahoma SB 31
Political Funding Reform Act Connecticut HB 5706
Political Funding Reform Act Illinois HB 3161
Political Funding Reform Act Indiana SB 605
Political Funding Reform Act Kansas SB 31
Political Funding Reform Act Maine LD 110
14
ALEC Worker Rights Bills, 2013 (continued)
Political Funding Reform Act Tennessee HB 502
Political Funding Reform Act Tennessee SB 490
Prevailing Wage Repeal Act Arkansas HB 1151
Prevailing Wage Repeal Act Kentucky HB 312
Prevailing Wage Repeal Act Kentucky SB 105
Prevailing Wage Repeal Act Kentucky HB 257
Prevailing Wage Repeal Act Missouri SB 30
Prevailing Wage Repeal Act Ohio HB 190
Prevailing Wage Repeal Act Texas HB 1207
Prevailing Wage Repeal Act West Virginia HB 2576
Prohibition on Paid Union Activity (Release Time) by Public Arizona SB 1348
Employees Act
Prohibition on Paid Union Activity (Release Time) by Public Arizona HB 2343
Employees Act
Prohibition on Paid Union Activity (Release Time) by Public Connecticut HB 5705
Employees Act
Public Employee Bargaining Transparency Act Arizona HB 2330
Public Employee Bargaining Transparency Act Illinois HB 2689
Public Employee Bargaining Transparency Act Utah HB 362
Public Employee Freedom Act Kansas HB 2123
Public Employee Paycheck Protection Act Arizona SB 1182
Public Employee Paycheck Protection Act Missouri HB 64
Public Employee Paycheck Protection Act Oklahoma SB 31
Public Employee Paycheck Protection Act Tennessee HB 913
Public Employee Paycheck Protection Act Tennessee SB 725
Public Employees’ Portable Retirement Option (Pro) Act Connecticut HB 5698
Public Employees’ Portable Retirement Option (Pro) Act Arizona HB 2653
Public Employer Payroll Deduction Policy Act Arizona HB 2026
Public Employer Payroll Deduction Policy Act Indiana SB 605
Public Employer Payroll Deduction Policy Act Indiana SB 312
Public Employer Payroll Deduction Policy Act Louisiana HB 552
Public Employer Payroll Deduction Policy Act Montana LC 0230
Public Employer Payroll Deduction Policy Act South Carolina H 3782
Resolution in Opposition to any Increase in the Starting (Min- Connecticut HB 5237
imum) Wage
Resolution in Opposition to any Increase in the Starting (Min- Nevada SJR 2
imum) Wage
Resolution on Release Time for Union Business Indiana SB 102
Resolution to Align Pay and Benefits of Public Sector Work- Connecticut SB 308
ers with Private Sector Workers
15
Resolution to Align Pay and Benefits of Public Sector Work- Connecticut HB 5563
Resolution to Align Pay and Benefits of Public Sector Work- Connecticut SB 347
Resolution Urging Congress to Modernize the Social Security Arkansas HR 1047
System With Personal Retirement Accounts
Right to Work Act Colorado HB 13-1106
Right to Work Act Georgia HB 144
Right to Work Act Hawaii SB 261
Right to Work Act Iowa HJR 1
Right to Work Act Illinois HB 3160
Right to Work Act Kentucky HB 308
Right to Work Act Maryland S 668
Right to Work Act Maryland HB 318
Right to Work Act Maine HP 582
Right to Work Act Missouri HB 95
Right to Work Act New Hampshire HB 323
Right to Work Act New Mexico HB 351
Right to Work Act Ohio HB 151
Right to Work Act Ohio HB 152
Right to Work Act Oregon HB 3062
Right to Work Act Pennsylvania HB 50
Right to Work Act Pennsylvania HB 54
Right to Work Act West Virginia HB 2010
School Collective Bargaining Agreement Sunshine Act Idaho S 1098 X
School Collective Bargaining Agreement Sunshine Act Idaho H 67
School Collective Bargaining Agreement Sunshine Act Illinois HB 182
State and Local Gov't Pension and OPEB Plans Arkansas SB 123 X
State and Local Gov't Pension and OPEB Plans Indiana SB 248 X
State and Local Gov't Pension and OPEB Plans Connecticut SB 153
State and Local Gov't Pension and OPEB Plans Connecticut HB 5009
State and Local Gov't Pension and OPEB Plans Connecticut SB 346
State and Local Gov't Pension and OPEB Plans Florida H 7011
State and Local Gov't Pension and OPEB Plans Montana HB 112
State and Local Gov't Pension and OPEB Plans Montana SB 82
State and Local Gov't Pension and OPEB Plans Washington SB 5856
State Council on Competitive Government Act Texas SB 1681 X
16
The Election Accountability for Municipal Employee Union Idaho S 1039
Representatives Act
The Financial Accountability for Public Employee Unions Act Montana SB 253
The Occupational Licensing Relief and Job Creation Act Arkansas SB 894
The Occupational Licensing Relief and Job Creation Act Michigan HB 4641
Voluntary Contributions (Paycheck Protection) Act South Dakota HB 1243
Workplace Drug Testing Act New Hampshire HB 597
TOTAL ALEC WORKER RIGHTS BILLS: 117 14
17
Cashing in on Kids
139 ALEC Bills in 2013 Promote a Private, For-Profit
Education Model
Despite widespread public opposition to the education
privatization agenda, at least 139 bills or state budget
provisions reflecting American Legislative Exchange
Council (ALEC) education bills have been introduced
in 43 states and the District of Columbia in just the first
six months of 2013. Thirty-one have become law.
ALEC Vouchers Transfer Taxpayer Money to
Private and Religious Schools
News Corp CEO Rupert Murdoch has called public ed-
ucation a “a $500 billion sector in the U.S. alone that is
waiting desperately to be transformed.”
But this “transformation” of public education -- from school system of critically-needed funds, and in some
an institution that serves the public into one that serves cases covering private school tuition for students whose
private for-profit interests -- has been in progress for de- parents are able and willing to pay.
cades, thanks in large part to ALEC.
But promised improvements in educational outcomes
ALEC boasts on the “history” section of its website have not followed. “If vouchers are designed to create
that it first started promoting “such ‘radical’ ideas as a better educational outcomes, research has not borne out
[educational] voucher system” in 1983 -- the same year that result,” says Julie Mead, chair of Educational Lead-
as the Reagan administration’s “Nation At Risk” report ership and Policy Analysis at the University of Wiscon-
-- taking up ideas first articulated decades earlier by sin. “If vouchers are such a great idea,” after twenty
ALEC supporter Milton Friedman. years in effect, “they would have borne fruit by now.”
In 1990, Milwaukee was the first city in the nation to The ALEC education agenda also fits into the organi-
implement a school voucher program, under then-gov- zation’s broader attack on unions: by lowering teach-
ernor (and ALEC alum) Tommy Thompson. ALEC er certification standards and funneling public money
quickly embraced the legislation, and that same year of- to non-unionized private schools, ALEC undermines
fered model bills based on the Wisconsin plan. For-prof- teachers unions, which guarantee fair wages and work-
it schools in Wisconsin now receive up to $6,442 per ing conditions and are a major political force that have
voucher student, and by the end of the next school year traditionally backed the Democratic Party.
taxpayers in the state will have transferred an estimated
$1.8 billion to for-profit, religious, and online schools. ALEC Education Bills Undermine Free, Univer-
The “pricetag” for students in other states is even higher. sal Public Education
In the years since, programs to divert taxpayer money ALEC-influenced bills introduced in 2013 include leg-
from public to private schools have spread across the islation to:
country. In the 2012-2013 school year, it is estimated • Create or expand taxpayer-funded voucher pro-
that nearly 246,000 students will participate in various grams, using bills such as the “Parental Choice Scholar-
iterations of so-called “choice” programs in 16 states ship Act” (introduced in three states). Under many state
and the District of Columbia -- draining the public
18
constitutions, the use of public dollars to fund religious Schools Act, introduced in seven states, which effective-
institutions has been rejected on separation-of-powers ly shields charters from democratic accountability. The
grounds, but the ALEC Great Schools Tax Credit Act, legislation “would wrest control from school boards, and
introduced in ten states in 2013, bypasses state consti- likewise from the community that elects those school
tutional provisions and offers a form of private school boards,” Mead says, since it takes away their power to
tuition tax credits that funnel taxpayer dollars to private authorize charters in the community.
schools with even less public accountability than with
ALEC Corporations Reap the Rewards
regular vouchers.
• Carve-out vouchers for students with special Some of the for-profit corporations profiting from the
needs, regardless of family income, through the “Spe- ALEC Education privatization agenda include:
cial Needs Scholarship Program Act” (introduced “Amplify,” the newly-created education division of Ru-
in twelve states), which sends vulnerable children to pert Murdoch’s News Corp, parent company of Fox
for-profit schools not bound by federal and state legal News. News Corp is on the ALEC Education Task
requirements to meet a student’s special needs, as public Force. In 2010, News Corp hired former New York
schools must. A proposal in Wisconsin would have allo- City chancellor Joel Klein to run its education division,
cated up to $14,658 to a for-profit school for each special
which includes the for-profit education company former-
needs student. ly known as Wireless Generation. The firm has big plans
• Send taxpayer dollars to unaccountable online for a specialized “Amplify Tablet” that would provide
school providers through the “Virtual Schools Act,” in- lesson plans, textbooks and testing to cash-in on new
troduced in three states, where a single teacher remotely “Common Core” required state standards.
teaches a “class” of hundreds of isolated students work- K12 Inc., the nation’s largest provider of online char-
ing from home. The low overhead for virtual schools ter schools, where low-paid teachers manage as many
certainly raises company profits, but it is a model few as 250 students at a time and communicate with their
educators think is a appropriate for young children. pupils only through email and phone. The corporation,
• Offer teaching credentials to individuals with sub- whose CEO Ron Packard received $5 million in total
ject-matter experience but no education background compensation in 2011 (and owns around $24 million in
with the Alternative Certification Act, introduced in shares), is on the ALEC Education Task Force and its
seven states. The bill is part of ALEC’s ongoing effort lobbyist Lisa Gillis has Chaired ALEC’s Special Needs
to undermine unionized workers and promote a race to Subcommittee. According to a report in the New York
the bottom in wages and benefits for American workers. Times, students in K12, Inc. schools often perform very
poorly, and some K12 teachers claim that they have
• Require that educators “teach the controversy”
been encouraged to pass failing students so that the
when it comes to topics like climate change -- where the
company can receive more reimbursement from states.
only disagreement is political, not scientific -- through
K12 receives an average of between $5,500 and $6,000
the Environmental Literacy Improvement Act, intro-
for every student on its rosters -- the same amount that
duced in five states.
would be spent for students attending a brick-and-mor-
• Create opportunities to privatize public schools or tar school, despite K12 not having to pay for cafeteria,
fire teachers and principals via referendum with the con- gyms, busing, or heat and air conditioning -- and much
troversial Parent Trigger Act (glorified in the flop film of K12’s profits are spent on advertising targeted at in-
“Won’t Back Down”), introduced in twelve states. First creasing enrollment, rather than on investments in ed-
passed in California, a modified Parent Trigger bill was ucation. At K12’s Agora Cyber Charter School, which
brought to ALEC in 2010 by the Illinois-based Heart- produces more than 10% of the company’s revenue,
land Institute, which is perhaps best known for contro- nearly 60% of students are behind grade level in math,
versial billboards comparing people who believe in cli- nearly 50% are behind in reading, and a third do not
mate change to mass murderers like the Unabomber Ted graduate on time.
Kaczynski.
Corinthian Colleges is a for-profit college chain that
• Create an appointed, state-level charter school au- operates campuses under names like Everest, Heald,
thorizing board through the Next Generation Charter and WyoTech, in addition to offering degrees online. It
19
has become notorious for aggressive recruiting practices plan was challenged in Wisconsin courts, Bradley fund-
and leaving students unprepared for the job market and ed its legal defense, which included hiring Kenneth Starr
saddled with massive student loan debts. In Milwaukee, -- later known for pursuing Bill Clinton over Whitewa-
for example, where a Corinthian Everest campus was ter and Monica Lewinsky -- to represent the state.
financed with $11 million in city bonds, just 25% of stu-
dents found jobs and over half dropped out; the cam- Average Americans Pay the Price
pus closed two years after it opened. Nationally, over 40 Originally promoted as a program for Milwaukee’s
percent of Corinthian’s students default on their loans, low-income students of color to have access to private
and only 60% of students complete their coursework. In education, the initial voucher program gained support
June, Corinthian disclosed that it is under investigation from some African-American leaders and was pushed
by the Securities and Exchange Commission (SEC) and by State Representative Polly Williams, a Milwaukee
has been subpoenaed by California’s Attorney General Democrat. But last session, Wisconsin Governor Scott
for its recruiting practices and financial responsibility.Walker broadened vouchers to families with higher in-
comes, and in the 2013-2015 budget further expanded
Ideological Interests Lift the ALEC Agenda
the program. “They have hijacked the program,” Wil-
An array of right-wing nonprofits also promote the liams says. “As soon as the doors open for the low in-
school privatization agenda in ALEC. come children, they’re trampled by the high income,”
she said. “Now the upper crust have taken over.”
The 501(c)(4) American Federation for Children and
its 501(c)(3) wing the Alliance for Children, for ex- The laws have been sold to poor and minority commu-
ample, have brought an array of privatization bills to nities as a way to close achievement gaps, but there is
ALEC and promoted the legislation across the coun- little evidence of success: in Wisconsin, data shows that
try. The groups were organized and are funded by the students receiving vouchers perform no better, and in
billionaire DeVos family (heirs to the Amway fortune); some cases worse than those attending public schools.
Richard DeVos has received the ALEC “Adam Smith Cash-for-kids programs have shown similar results in
Free Enterprise Award.” AFC’s top lobbyist is disgraced school districts across the country.
former Wisconsin Assembly Speaker Scott Jensen, who
Reports have also emerged in Milwaukee and elsewhere
was convicted of three felonies for misuse of his office
of for-profit schools registering students, keeping them
for political purposes and banned from the state Capitol
in class until just after the date where enrollment is
for five years (though the charges were later reversed
counted for funding purposes, and then sending them
and dropped as part of a plea agreement). Jensen rep-
back to public schools. In many cases those students
resents the organization on the ALEC Education Task
have special needs the voucher schools claimed they
Force and has brought AFC bills to ALEC for adoption
could not satisfy.
as “model” legislation. AFC spent at least $7 million
electing privatization-friendly state legislators across Six-year-old Trinity Fitzer, who has anxiety and gastro-
the country in 2012, but reported far less to state elec- intentinal problems, was attending Milwaukee’s North-
tion authorities. western Catholic School in the 2011-2012 term on a
voucher. After a few months, Northwestern Catholic in-
In addition to the DeVos family foundations, the Mil-
formed Trinity’s mother that she was being “withdrawn”
waukee-based Bradley Foundation is one of the top
from the school for “continuing behavioral issues.” The
school privatization funders in the country, spending
school claimed that “withdrawal is the decision of the
over $31 million over the past eleven years promoting
parent,” but Trinity’s mother said it was not her decision
“school choice” nationwide, according to One Wiscon-
and “she didn’t have an option.”
sin Now; for decades, Bradley has also been a major
ALEC funder. The foundation has over $600 million in Jane Audette, a social worker at Hawthorne Elementary,
assets and is headed by Michael Grebe, Scott Walker’s a public school in Milwaukee, said the school receives
campaign co-chair. several “cast-off” students every year from private
schools like Northwestern Catholic. “What has hap-
Before Milwaukee became the first city in the nation
pened over and over with Milwaukee’s Northwest Cath-
to implement a school voucher program, Bradley bank-
olic is they will tell a parent, ‘Your child needs more
rolled the groups that laid the groundwork. When the
20
the dead of night -- ALEC will have continued success
with the “transformation” of the American educational
system into a profit-driven enterprise.
The ALEC Education agenda not only “converts a pub-
lic good into something private,” says Mead, but private
schools “don’t have the same responsibility [as public
schools] to serve everybody, which diminishes public
access, oversight and accountability.”
“There is that saying, ‘democracy is the worst form of
government, except for all the others.’ The public school
system is the same way,” Mead says. “It has problems,
Trinity Fitzer. (WI Center for Investigative Journalism) and can be better, but has served us pretty well for 150
years.”
than we can give your child, so we suggest you go down
the street to Hawthorne.’”
And vouchers, testing, and school privatization have in
many cases been offered as a substitute for grappling
with the persistent structural issues that perpetuate
achievement gaps.
“What has been forced on our communities is not reform
at all: they are mediocre interventions,” said Jitu Brown,
an education organizer for the Kenwood Oakland Com-
munity Organization who spoke at Netroots Nation in
June. “The only reason that mediocrity is accepted is
because of the race of the children being served.”
Privatizing Schools and Other Government Ser-
vices
Brown puts the education reforms in the context of
broader community disinvestment and austerity mea-
sures: cutting social programs and closing schools, po-
lice stations, hospitals, and other institutions that serve
as community anchors, while cherry picking and selling
off the better institutions to private players.
And ALEC has played a key role in promoting this
agenda. ALEC has sought to shrink the size of govern-
ment by starving states of revenue, voucherizing critical
programs like Medicare and Medicaid, and privatizing
all aspects of government, from education to foster care
to pensions to prisons.
When the ALEC’s cash-for-kids model is put before
the voters, it is resoundingly rejected. In 27 statewide
referenda on the topic, voters rejected vouchers on av-
erage 2-1. But as long as ALEC “models” continue to
garner bipartisan support facilitated by corporate cam-
paign contributions or are slipped into state budgets in
21
ALEC Education Bills, 2013
A-Plus Literacy Act Washington SB 5328
Alternative Certification Act Florida SB 1664 X
Alternative Certification Act Illinois HB 513 X
Alternative Certification Act Illinois HB 1868 X
Alternative Certification Act West Virginia SB 359 X
Alternative Certification Act Florida SB 1238
Alternative Certification Act Maine SP 461
Alternative Certification Act Massachusetts H 418
Alternative Certification Act Oklahoma SB 877
Common Sense in Medicating Students Act New York A 2972
District and School Freedom Act Arizona HB 2496 X
Education Savings Account Florida HB 1251
Education Savings Account Act Montana HB 357
Elements of High Quality Digital Learning West Virginia SB 37
Environmental Literacy Improvement Act Arizona SB 1213
Environmental Literacy Improvement Act Colorado HB 13-1089
Environmental Literacy Improvement Act Kansas HB 2306
Environmental Literacy Improvement Act Kentucky HB 269
Environmental Literacy Improvement Act Oklahoma HB 1674
Founding Principles Act Nevada SB 163 X
Founding Principles Act Alabama SB 443
Founding Principles Act Alaska HB 31
Founding Principles Act Arizona SB 1212
Founding Principles Act Arkansas SB 1017
Founding Principles Act Massachusetts H 513
Founding Principles Act Michigan SB 121
Founding Principles Act New York S 2134
Founding Principles Act Ohio SB 96
Founding Principles Act Oklahoma SB 154
Founding Principles Act Tennessee HB 1129
Founding Principles Act West Virginia HB 2594
Great Teachers and Leaders Act Nevada SB 407 X
Local Government Transparency Act New Mexico SB 63
Local Government Transparency Act Tennessee SB 2832
Parent Trigger Act Oklahoma HB 1385 X
Parent Trigger Act Arizona SB 1409
Parent Trigger Act Florida HB 867
Parent Trigger Act Florida SB 862
Parent Trigger Act Iowa SF 2
Parent Trigger Act Maryland HB 875
22
ALEC Education Bills, 2013 (continued)
Parent Trigger Act Massachusetts H 429
Parent Trigger Act Missouri SB 311
Parent Trigger Act Nevada AB 254
Parent Trigger Act New York A 3826
Parent Trigger Act Oregon HB 2881
Parent Trigger Act South Carolina S 556
Parent Trigger Act Tennessee HB 77
Parental Choice Scholarship Program Act Indiana HB 1003 X
Parental Choice Scholarship Program Act Indiana HB 1001 X
Parental Choice Scholarship Program Act Louisiana HB 597
Parental Choice Scholarship Program Act North Carolina HB 944
Parental Rights Amendment Virginia HB 1642 X
Parental Rights Amendment Virginia SB 908 X
Parental Rights Amendment Indiana SB 332
Parental Rights Amendment Kansas HR 6010
Parental Rights Amendment Mississippi HC 90
Parental Rights Amendment Mississippi HC 96
Parental Rights Amendment Mississippi HB 496
Parental Rights Amendment Nebraska LR 42
Parental Rights Amendment Nevada SB 314
Parental Rights Amendment North Carolina H 711
Parental Rights Amendment Oklahoma HB 1384
Parental Rights Amendment South Carolina S 628
Parental Rights Amendment Texas HCR 38
Public Employee Freedom Act Kansas HB 2123
Quality Education and Teacher and Principal Protection Act New York A 3110
Resolution Calling For Greater Productivity in American Montana SJ 13 X
Higher Education
Resolution Supporting Private Scholarship Tax Credits Arizona HB 2617 X
Resolution Supporting Private Scholarship Tax Credits Virginia SB 1227 X
Resolution Supporting Private Scholarship Tax Credits Virginia HB 1996 X
Resolution Supporting Private Scholarship Tax Credits Arkansas SB 740
Statewide Online Education Act Texas SB 1298
Taxpayers Savings Grants Act Texas SB 29
Teacher Choice Compensation Act Missouri SB 408
The 140 Credit Hour Act North Carolina H 255 X
The Charter Schools Act Delaware HB 165
The Charter Schools Act Minnesota SF 978
The Charter Schools Act Montana SB 374
The Charter Schools Act Montana HB 315
The Charter Schools Act Nevada AB 205
23
The Charter Schools Act New Jersey A 4177
The Charter Schools Act South Carolina S 3853
The Charter Schools Act West Virginia HB 2808
The Education Enterprise Zone Act Texas HB 300
The Family Education Savings Account Act New Jersey A 3959
The Family Education Savings Account Act Wisconsin SB 111
The Foster Child Scholarship Program Act Arkansas HB 1788
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Arizona HB 2617 X
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Kentucky HB 66 X
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Virginia HB 1996 X
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Virginia SB 1227 X
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Arkansas SB 740
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Idaho H 286
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Idaho HB 227
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Iowa HB 225
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Kansas HB 2400
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Mississippi SB 2132
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Mississippi HB 1095
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Montana HB 213
The Great Schools Tax Credit Program Act (Scholarship Tax Credits) Pennsylvania SB 51
The Innovation Schools and School Districts Act Alabama HB 84 X
The Innovation Schools and School Districts Act Arkansas SB 66 X
The Innovation Schools and School Districts Act District of Columbia B 20-0310
The Innovation Schools and School Districts Act Florida SB 1390
The Innovation Schools and School Districts Act Mississippi HB 118
The Innovation Schools and School Districts Act Mississippi SB 2716
The Innovation Schools and School Districts Act Mississippi HB 787
The Innovation Schools and School Districts Act North Carolina H 960
The Lifelong Learning Accounts Act Connecticut SB 769
The Next Generation Charter Schools Act Arizona HB 2494 X
The Next Generation Charter Schools Act Maine HP 967 X
The Next Generation Charter Schools Act Missouri HB 315 X
The Next Generation Charter Schools Act Arkansas HB 1040
The Next Generation Charter Schools Act Kansas SB 196
The Next Generation Charter Schools Act Kentucky HB 76
The Next Generation Charter Schools Act Mississippi SB 2189
The Open Enrollment Act Arkansas HB 1507
The Open Enrollment Act California AB 1279
The Open Enrollment Act South Carolina S 313
The Smart Start Scholarship Program Indiana HB 1003 X
The Special Needs Scholarship Program Act Indiana HB 1003 X
24
The Special Needs Scholarship Program Act Tennessee HB 387 X
The Special Needs Scholarship Program Act Texas SB 17 X
The Special Needs Scholarship Program Act Arkansas HB 1897
The Special Needs Scholarship Program Act Arkansas HB 2260
The Special Needs Scholarship Program Act Florida SB 172
The Special Needs Scholarship Program Act Kansas HB 2263
The Special Needs Scholarship Program Act Kentucky HB 155
The Special Needs Scholarship Program Act Mississippi HB 1004
The Special Needs Scholarship Program Act Montana HB 390
The Special Needs Scholarship Program Act New York S 788
The Special Needs Scholarship Program Act Rhode Island H 6131
The Special Needs Scholarship Program Act Tennessee SB 486
The Special Needs Scholarship Program Act Wisconsin AB 40
The Virtual Public Schools Act Michigan HB 4228 X
The Virtual Public Schools Act Arizona HB 2493
The Virtual Public Schools Act Maine HP 331
The Virtual Public Schools Act Maine SP 391
The Virtual Public Schools Act Michigan SB 182
TOTAL ALEC EDUCATION BILLS: 139 31
25
Dirty Hands
77 ALEC Bills in 2013 Advance a Big Oil, Big Ag Agenda
At least 77 bills to oppose renewable energy standards,
support fracking and the controversial Keystone XL
pipeline, and otherwise undermine environmental laws
were introduced in 34 states in 2013. In addition, nine
states have been inspired by ALEC’s “Animal and Eco-
logical Terrorism Act” to crack down on videographers
documenting abuses on factory farms. 17 became law.
ALEC, Fueled by Fossil Fuel Industry, Pursues
Retrograde Energy Agenda
For decades, ALEC has been a favored conduit for some
of the worlds largest polluters, like Koch Industries, BP,
Shell, Chevron, and Exxon Mobil, and for decades has
2012 ALEC Academy attendees (Photo via Twitter)
promoted less environmental regulation and more drill-
ing and fracking.
ALEC urged legislators to send “thank you” notes to
ALEC bills in recent years have pulled states out of corporate lobbyists for their generosity.
regional climate initiatives, opposed carbon dioxide
emission standards, created hurdles for state agencies At least ten states in 2013 have introduced variations
attempting to regulate pollution, and tried to stop the on the ALEC “Resolution in Support of the Keystone
federal Environmental Protection Agency (EPA) from XL Pipeline,” calling on the president and Congress to
regulating greenhouse gas emissions. The legislation approve the controversial project. Environmentalists
introduced in 2013 carries on this legacy. ALEC bills oppose the pipeline because extracting oil from Cana-
favor the fossil fuel barons and promote a retrograde en- dian tar sands would unlock huge amounts of carbon,
ergy agenda that pollutes our air and water and is slow- increasing the greenhouse gas emissions that contrib-
ly cooking the planet to what may soon be devastating ute to climate change. Despite being promoted as a “job
temperatures. creator,” the pipeline would only create between 50 and
100 permanent positions in an economy of over 150 mil-
“Disregarding science at every turn, ALEC is willing lion working people.
to simply serve as a front for the fossil fuel industry,”
says Bill McKibben, co-founder of 350.org. “Given the In Nebraska, CMD filed an ethics complaint against
stakes--the earth’s climate--that’s shabby and sad.” state senator Jim Smith, the ALEC State Chair for Ne-
braska, who never revealed to his constituents that he
ALEC Tours the Tar Sands had gone on the “Oil Sands Academy,” and failed to dis-
close over a thousand dollars of travel expenses paid for
In October of 2012, ALEC organized an “Oil Sands
by the Government of Alberta, Canada. Sen. Smith has
Academy” where nine ALEC member politicians were
been exceptionally vocal when it comes to his support
given an all-expenses-paid trip to Calgary and flown on
for the Keystone XL pipeline. For example, he spon-
a tour of the Alberta tarsands while accompanied by
sored a 2012 Nebraska law that would -- if it survives a
oil industry lobbyists. The trip was sponsored by pipe-
continuing legal challenge -- bypass the U.S. State De-
line operator TransCanada and the oil-industry funded
partment and allow TransCanada to start building the
American Fuel and Petrochemical Manufacturers, and
Nebraska part of the pipeline right away, regardless of
email records obtained by CMD show that after the trip,
any future decision by the federal government.
26
ALEC Partners with Heartland Institute for credited analysis) claiming that a state’s renewable
Rollback of Renewables standards lead to higher energy costs, as it did in states
like Maine and Ohio and Wisconsin and Arizona. The
Even more extraordinary is ALEC’s push this year to David Koch-founded and-led Americans for Prosperity
repeal Renewable Portfolio Standards (RPS), which re- organizes an event to “educate” its members about how
quire that utility companies provide a certain amount renewables are “punishing” consumers, as they did in
of their total energy from renewable sources like wind. Nebraska, and perhaps invite a guest from the Heartland
“ALEC’s long time role in denying the science and poli- Institute to make similar claims, as they did in Kansas.
cy solutions to climate change is shifting into an evolving
ALEC, the Heartland Institute, and the Beacon Hill In-
roadblock on state and federal clean energy incentives, a
stitute all have received money from foundations asso-
necessary part of global warming mitigation,” says Con- ciated with Charles and David Koch, and each are also
nor Gibson, a Research Associate at Greenpeace. part of the State Policy Network, an umbrella group of
In Germany, where the nation has set a goal of getting right-wing organizations that claim adherence to the
35% of its energy from renewables by 2020, public free market. SPN has received at least $10 million in the
committment to clean energy technologies is transform- past five years from the mysterious Donors Trust, which
ing markets, driving innovation and generating huge funnels money from the Kochs and other conservative
numbers of jobs. Even in the U.S., where there has been funders. SPN was also a “Chairman” level sponsor of
less public investment, the Bureau of Labor Statistics ALEC’s 2011 Annual Conference and ALEC is an As-
says 3.1 million clean energy jobs have been created in sociate Member of SPN.
recent years. But even though the ALEC/Heartland anti-renewable
Perhaps because of RPS’ job-creating qualities, ALEC’s energy fight found little success in 2013, the group is not
bill to repeal renewable standards, the “Electricity Free- giving up.
dom Act,” was too much even for the most conserva- New Avenue Sought to Roll Back Renewables
tive legislatures. It failed to pass in every state where
it was introduced -- even in North Carolina, where it “I expect that North Carolina and Kansas will proba-
had the backing of Grover Norquist, and whose Repub- bly pick up this issue again in 2014 and lead the charge
lican-dominated legislature has been rolling multiple across the country once again,” Wynn said.
ALEC bills into law in 2013.
ALEC now appears to be modifying its strategy to find
It may be little surprise that ALEC’s attack on renew- a more palatable way to attack renewable standards.
ables was spearheaded by one of its looniest members:
At its August 2013 meeting, ALEC will consider a wa-
the bill was brought to ALEC in May 2012 by the Il-
tered-down version of the Electricity Freedom Act with
linois-based Heartland Institute, a group best known
a bill called the “Market Power Renewables Act.” That
for billboards comparing people who believe in climate
legislation would phase-out a state’s Renewable Port-
change to mass murderers like the Unabomber Ted
folio Standards and instead create a renewable “mar-
Kaczynski.
ket” where consumers can choose to pay for renewable
ALEC is usually very secretive about its model legisla- energy, and allow utilities to purchase energy credits
tion and its efforts in the states, but ALEC did not dis- from outside the state. This thwarts the purpose of RPS
guise the fact that it had made the Electricity Freedom policies, which help create the baseline demand for
Act a priority for the 2013 session. ALEC’s Energy, En- renewables that will spur the clean energy investment
vironment and Agriculture Task Force Director Todd necessary to continue developing the technology and in-
Wynn published blog posts on the topic and was quoted frastructure that will drive costs down.
in the press discussing how ALEC was working with
But, it would satisfy ALEC’s goal of preserving reliance
Heartland to promote the repeal bills.
on dirty energy from fossil fuels.
In many of the states that have proposed versions of the
Electricity Freedom Act, the right-wing infrastructure ALEC Bills Undermine Environmental Regula-
has sprung into action, almost according to a script. tions, First Amendment
The Beacon Hill Institute publishes a study (using dis- ALEC energy, environment, and agriculture bills mov-
27
ing in the first six months of 2013 include:
• The “Electricity Freedom Act,” introduced in six
states, repealing (or in some states weakening) Renew-
able Portfolio Standards. The standards have been a key
component driving renewable energy growth -- which
threatens the profits of ALEC’s polluter members.
• Variations on the “Resolution in Support of the
Keystone XL Pipeline” (introduced in ten states) call-
ing on the federal government to approve the contro-
versial project to transport tar sands oil from Alberta,
Canada across the United States. It is no coincidence
that pipeline operator TransCanada is an ALEC mem-
ber and funder.
• The misleadingly-named “Disclosure of Hydrau- ALEC Corporations Reap the Rewards
lic Fracturing Fluid Composition Act” (introduced
in five states) which would actually make it harder to The corporations bankrolling ALEC and benefitting
find out what chemicals are being pumped underground from bills advanced by the Energy, Environment, and
through the fracking process. The bill, which was Agriculture Task Force include:
brought to ALEC by Exxon Mobil, carves out a giant
• Keystone XL Pipeline Operator TransCanada,
loophole for “trade secrets” -- potentially concealing the
a member of the ALEC Energy, Environment, and Agri-
information the public might want to know.
culture Task Force and which sponsored ALEC’s Spring
• The “Environmental Literacy Improvement Act” Task Force Summit at the “Vice Chairman” level. It was
(introduced in five states), seeks to sow doubt in the one of the sponsors of the ALEC “Oil Sands Acade-
minds of young people about man’s role in the warming my” where nine ALEC member legislators were given
planet by requiring that educators “teach the controver- an all-expenses-paid trip to Calgary and flown around
sy” when it comes to topics like climate change, where the Alberta tarsands while accompanied by oil industry
the science is beyond dispute. lobbyists.
• The “Environmental Services Public-Private • Shell Oil, one of the largest fossil fuel conglomer-
Partnership Act” (introduced in two states) would give ates in the world, operates a tarsands extraction facility
for-profit companies control of vital public health ser- and sponsored lunch at the ALEC “Oil Sands Acade-
vices like treating wastewater and drinking water -- the my.” Shell has long been an ALEC member and funder,
last place where you want a company to cut corners to for example sponsoring ALEC’s 2011 Annual Meet-
increase profits. ing at the “Chairman” level (which in the past has cost
• The “Animal and Ecological Terrorism Act” $50,000) and hosting plenary sessions. Shell is also a
(variations of which were introduced in nine states) have member of the ALEC Civil Justice Task Force, presum-
come to be known as “Ag-Gag” bills, as they criminal- ably to advance legislation that would protect it from
ize investigations into abuses on factory farms and deem liability in case of oil spills or other disasters.
videographers “terrorists.” British Petroleum (BP), the United Kingdom’s largest
• The “Disposal and Taxation of Public Lands corporation and the company responsible for the 2010
Act” (considered in seven states) was modeled after a Deepwater Horizon disaster in the Gulf of Mexico, has
Utah law from 2012 and is an updated version of the long supported ALEC, including sponsoring ALEC’s
ALEC “Sagebrush Rebellion Act,” where Western states 2011 meeting in New Orleans -- not far from the site of
assert control over federal lands that are being protected BP’s oil spill -- at the “Presidential” level (which in the
as wilderness preserves, in many cases to allow for re- past has cost $100,000).
source extraction.
28
• Peabody Energy is the largest producer of coal in techniques as The Jungle’s author to document food
the U.S. and boasts that it generates 10% of the coun- safety issues -- Sinclair got a job at a Chicago slaughter-
try’s energy, and also has a lobbyist representative on house under false pretenses so he could write his book
the ALEC corporate board; it was the 2011 winner of -- but are using 21st Century tools.
ALEC’s “Private Sector Member of the Year” award
In 2007, for example, an undercover video investigation
and has sponsored ALEC meetings and events. In 2007,
by the Humane Society showed sick “downer” cows --
it spun-off coal mines it owned in West Virginia and
which are banned from human consumption because
Kentucky into an independent company, which then
they were implicated in the spread of mad cow disease
filed for bankruptcy and sought to be released from its
-- being pushed towards slaughter with forklifts and
pension and retirement operations.
cattle prods, leading to the largest meat recall in U.S.
• Duke Energy is one of the largest electric utili- history.
ty companies in the United States, and has publicly ex-
pressed concern about global warming and support for The ALEC-influenced “ag-gag” bills seek to criminal-
clean energy, but its continued support for ALEC under- ize this type of investigation.
mines those rhetorical positions. A coalition of environ- In March of this year, ALEC spokesman Bill Meierling
mental groups have been urging Duke to drop ALEC for defended the laws, telling the Associated Press, “at the
the past year, so far to no avail. end of the day it’s about personal property rights or the
• Koch Industries, the privately-held multination- individual right to privacy.”
al corporation owned by billionaire financiers David Utah passed an ag-gag law in 2012, which led to charges
and Charles Koch, is involved in an array of industries against a young woman named Amy Meyer, who did
including petroleum refining, fuel pipelines, coal sup- nothing else besides film the outside of a slaughterhouse
ply and trading, oil and gas exploration, chemicals and from public land. Meyer regularly passed the slaughter-
polymers, fertilizer production, and commodity specu- house on her way to volunteer at an animal sanctuary,
lation. Koch Industries has long funded ALEC, spon- and began filming when she witnessed what appeared
sored its meetings, and had a lobbyist representative on to be animal cruelty with possible public health repur-
the ALEC Private Enterprise Board. Charitable founda- cussions: a sick (but still living) cow being carried away
tions associated with David and Charles have also been
ALEC funders, with the Charles G. Koch Foundation
giving ALEC a half-million-dollar loan in 1996.
Average Americans Pay the Price
The ALEC Energy, Environment, and Agriculture Task
Force has not only promoted anti-environmental bills,
but also legislation to help industrial farms escape pub-
lic accountability -- which would prevent a 21st Century
Upton Sinclair from going undercover and creating a
documentary work like The Jungle, which led to a new
wave of food safety regulations in the early 1900s.
ALEC’s “Animal and Ecological Terrorism Act” was
the ideological ancestor for “ag-gag” laws, introduced
in nine states in 2013 to quash the First Amendment Amy Meyer
rights of reporters, investigators and videographers by
making it harder for them to document issues with food from the building on a tractor. The slaughterhouse own-
safety and animal cruelty. The bills take many forms, er asserted that she had trespassed, despite there being
but generally make it a crime to shoot video of a farm no damage to the barbed wire fence surrounding his
or slaughterhouse, or to apply for employment at these property.
facilities under “false pretenses.”
“This was the first time anyone has been charged under
Modern-day Upton Sinclairs have been using similar the ag-gag law,” Meyer told CMD. “But as long as these
29
ag-gag laws are around, this won’t be the last prosecu-
tion, unfortunately.”
Less than 24 hours after journalist Will Potter publi-
cized her story -- but months after she was first charged
-- the prosecution dropped its case against Meyer.
“The only purpose [of ag-gag laws] is to punish inves-
tigators who expose animal cruelty and journalists who
report on the ag industry,” she said. “These laws are
intended to keep consumers in dark and shield factory
farms from scrutiny.”
As written, the ALEC model bill could also criminalize
environmental civil disobedience, such as when activ-
ists “obstruct” the business operations of a logging or
mining facility through tree-sits or road blockades. A
bill reflecting these provisions was introduced in Ore-
gon this year to outlaw most civil disobedience against
logging operations.
Polluters Stand With ALEC
Over the past year-and-a-half, at least 49 global corpo-
rations have dropped their ALEC membership -- includ-
ing companies like Coca-Cola, Wal-Mart, and Amazon
-- but oil and energy companies have stood by ALEC.
“Despite its terrible reputation, ALEC is still valued by
polluting companies like ExxonMobil, Duke Energy and
Koch Industries, which finance and help craft ALEC’s
state policies to smother competition from clean energy
industries and offer handouts to fossil fuel companies at
every turn,” says Greenpeace’s Gibson.
“ALEC’s guise of ‘free market environmentalism’ is
just a code word for its real mission in our states’ leg-
islatures: to allow dirty energy companies to pollute as
much as they want, to attack incentives for clean energy
competitors and to secure government handouts to oil,
gas and coal interests,” Gibson says. “That’s not a free
market.”
30
ALEC Environment Bills, 2013
Agriculture Bio-Security Act Indiana HB 1562
Climate Accountability Act Oregon HB 2806
Disposal and Taxation of Public Lands Act Idaho HCR 21 X
Disposal and Taxation of Public Lands Act Montana SJR 15 X
Disposal and Taxation of Public Lands Act Nevada AB 227 X
Disposal and Taxation of Public Lands Act Wyoming HB 228 X
Disposal and Taxation of Public Lands Act Colorado SB 13-142
Disposal and Taxation of Public Lands Act New Mexico HB 292
Disposal and Taxation of Public Lands Act South Carolina HR 3552
Electricity Freedom Act Kansas HB 2241
Electricity Freedom Act Kansas SB 82
Electricity Freedom Act Minnesota HF 306
Electricity Freedom Act North Carolina HB 298
Electricity Freedom Act Ohio SB 34
Electricity Freedom Act Texas HB 2026
Electricity Freedom Act West Virginia HB 2609
Energy Efficiency and Savings Act Missouri SB 26 X
Energy Efficiency and Savings Act Alabama HB 191
Energy Efficiency and Savings Act New York S 4130
Energy Efficiency and Savings Act New York A 52
Energy Efficiency and Savings Act New York A 758
Energy Efficiency and Savings Act Texas HB 2746
Environmental Literacy Improvement Act Kentucky HB 269 X
Environmental Literacy Improvement Act Arizona SB 1213
Environmental Literacy Improvement Act Colorado HB 13-1089
Environmental Literacy Improvement Act Kansas HB 2306
Environmental Literacy Improvement Act Oklahoma HB 1674
Environmental Services Public-Private Partnership Act Maryland HB 560 X
Environmental Services Public-Private Partnership Act Maryland SB 538
Environmental Services Public-Private Partnership Act New Jersey A 4082
Performance Based Permitting Act Texas HB 2949
Property Investment Protection Act Arkansas SB 367
Protecting Property Rights to Facilitate Species Conservation Texas HB 3509 Governor
veto
Protecting Property Rights to Facilitate Species Conservation Texas SB 468
Regulatory Costs Fairness Act Arizona HB 2319
Regulatory Costs Fairness Act New York A 3216
Resolution Demanding that Congress Convey Title of Federal Idaho HCR 22 X
Public Lands to the States
31
ALEC Environment Bills, 2013 (continued)
Resolution in Support of the Keystone XL Pipeline Kentucky SCR 273 X
Resolution in Support of the Keystone XL Pipeline Kentucky HR 122 X
Resolution in Support of the Keystone XL Pipeline Michigan SCR 6 X
Resolution in Support of the Keystone XL Pipeline Mississippi SR 3 X
Resolution in Support of the Keystone XL Pipeline Missouri HCR 19 X
Resolution in Support of the Keystone XL Pipeline Ohio SCR 7 X
Resolution in Support of the Keystone XL Pipeline South Dakota HCR 1006 X
Resolution in Support of the Keystone XL Pipeline Indiana SCR 38
Resolution in Support of the Keystone XL Pipeline Indiana SR 41
Resolution in Support of the Keystone XL Pipeline Kansas HCR 5014
Resolution in Support of the Keystone XL Pipeline Louisiana SCR 115
Resolution in Support of the Keystone XL Pipeline Louisiana SCR 125
Resolution in Support of the Keystone XL Pipeline Minnesota SF 479
Resolution in Support of the Keystone XL Pipeline Minnesota HF 987
Resolution in Support of the Keystone XL Pipeline Mississippi SCR 543
Resolution in Support of the Keystone XL Pipeline Ohio HCR 9
Resolution Supporting the Private Ownership of Property Wyoming HJ 3
Right To Farm Act Indiana SB 571
State Implimentation Plan Requirements for Ozone and Par- Illinois SB 1704 X
ticulate Matter Attainment
The Animal and Ecological Terrorism Act Tennessee SB 1248 Governor
veto
The Animal and Ecological Terrorism Act Indiana SB 373 X
The Animal and Ecological Terrorism Act Indiana SB 391
The Animal and Ecological Terrorism Act Arkansas SB 13
The Animal and Ecological Terrorism Act Arkansas SB 14
The Animal and Ecological Terrorism Act Nebraska LB 204
The Animal and Ecological Terrorism Act New Mexico SB 552
The Animal and Ecological Terrorism Act North Carolina SB 648
The Animal and Ecological Terrorism Act Pennsylvania HB 683
The Animal and Ecological Terrorism Act Vermont S 162
The Animal and Ecological Terrorism Act Wyoming HB 126
The Common Sense Scientific and Tehnical Evidence Act Illinois HB 2221
The Disclosure of Hydraulic Fracturing Fluid Composition Act Illinois HB 2615
The Disclosure of Hydraulic Fracturing Fluid Composition Act New Mexico HB 136
The Disclosure of Hydraulic Fracturing Fluid Composition Act Wyoming SF 157
The Disclosure of Hyraulic Fracturing Fluid Composition Act Florida H 745
The Disclosure of Hyraulic Fracturing Fluid Composition Act Florida S 1776
The Disclosure of Hyraulic Fracturing Fluid Composition Act Michigan HB 4061
Verifiable Science Act West Virginia HB 3129
TOTAL ALEC ENVIRONMENT BILLS: 77 17
32
Justice Denied
71 ALEC Bills in 2013 Make It Harder to Hold Corporations
Accountable for Causing Injury or Death
At least 71 bills introduced in 2013 that make it harder
for average Americans to access the civil justice system
resemble “models” from the American Legislative Ex-
change Council. 14 of these became law.
ALEC Agenda Tips the Scales of Justice to Help
Corporations Win
For decades, ALEC has been a conduit for the oil, to-
bacco, and pharmaceutical industries to push legislation
that changes the rules to limit accountability when a
corporation’s products or actions cause injury or death
-- such as when a Koch Industries pipeline explodes and
kills teenagers, or when the tobacco or pharmaceutical
industries withhold evidence that their products are dan- ing -- but they are effective. Tort liability is why U.S.
gerous. In just the first six months of 2013, seventy-one companies have stopped selling dangerous cribs that
ALEC bills that advance these “tort reform” goals have strangle infants and children’s pajamas that catch fire.
been introduced in thirty states (see chart below).
The ALEC “tort reform” bills fundamentally alter the
“Each of these bills would weaken the legal rights of ev- tort liability system by making it harder to bring a law-
eryday people who are wrongfully harmed by a corpo- suit or by limiting a jury’s ability to award damages. The
ration or health care provider,” says Joanne Doroshow, bills provide a way for ALEC corporations to escape re-
Executive Director of the Center for Justice & Democra- sponsibility for wrongdoing, help ALEC insurance com-
cy, a group that works to protect the civil justice system panies limit payouts (and increase profits), and prevent
and fight tort reform. “[The bills] are carefully crafted Americans wrongfully injured or killed from receiving
to provide relief and protections for the industries who just compensation.
wrote them.”
ALEC Bills Limit Corporate Accountability,
A long-standing principle of American law gives a per- Change Liability Rules
son injured (or whose family member is killed) by the
fault of another the right to pursue justice and seek fair Some ALEC bills limit how much a corporation might
compensation in front of a judge and jury. An injury have to pay for causing injury.
for which a person can sue is known as a “tort.” Tort
• The ALEC “Noneconomic Damage Awards
lawsuits are one of the few instances where an average
Act” (versions of which were introduced in five states in
American can stand on equal footing with a global cor-
2013) limits the amount a jury can award to compensate
poration, make their case in front of a citizen jury, and
a person for their diminished quality of life as the result
demand justice. On a level playing field, consumers of-
of an injury.
ten win -- which is why corporate interests want to rig
this centuries-old system to their benefit. • The misleadingly-named “Full and Fair Noneco-
nomic Damages Act” (introduced in two states) limits
Tort cases are relatively rare -- they make up only six the amount a corporation might have to pay to compen-
percent of the entire civil court caseload, and are declin sate a person for their pain and suffering.
33
• The “Phantom Damages Elimination Act” (in- The Trespasser Responsibility Act was brought to
troduced in two states) changes the rules so a person ALEC by Matt Fullenbaum of the American Tort Re-
who paid health insurance premiums for years would reform Association and Mark Behrens of Shook Hardy
cover less for their medical bills than a person who had
& Bacon, a law firm that has long represented tobac-
no insurance: rather than placing the full cost of paying
co companies and other industries seeking to avoid tort
for medical bills on the wrongdoer, the bill would reliability. Behrens is an “advisor” to the ALEC Civil
duce the amount they must pay if a person’s insurance Justice Task Force, as are other Shook Hardy & Bacon
company negotiated a discount. attorneys. The head of Shook Hardy & Bacon is Victor
• Other ALEC bills change how liability is appor- Schwartz, the so-called “undisputed king of tort reform”
tioned when more than one individual or corporation is who for many years has chaired the ALEC Civil Justice
Task Force.
at fault.
• Three states introduced versions of the “Compar- Others involved with the Civil Justice Task Force in-
ative Fault Act,” which changes the rules so that “if a clude a variety of corporate trade groups that have
company is 49% responsible, they are completely off the worked closely with Schwartz and his law firm, such as
hook,” Doroshow says. the U.S. Chamber of Commerce and the National Feder-
ation of Independent Business, as well as the American
• Two states introduced the misleadingly-named Insurance Industry and others.
“Joint and Several Liability Act,” which actually
eliminates the Joint and Several rule that has worked for “Industries like the tobacco, insurance, oil and chem-
many years and protects victims in situations where it is ical industries are pretty detested,” Doroshow says,
difficult to pinpoint which defendant is at fault -- such as “and trade groups provide a way for these corporations
when multiple companies may have manufactured lead to hide behind a more neutral-sounding entity that will
paint -- or where one of the defendants is insolvent. The push their agenda. This makes it harder for the public to
bill eliminates the rule that had established that after a learn how these detested industries would benefit from
jury finds a defendant substantially responsible, they can tort reform.”
be required to fully reimburse a person for their injury. ALEC’s corporate members are a who’s-who of compa-
• Other ALEC “model legislation” would provide nies that face tort liability. Its corporate board, recently
immunity for certain forms of lawsuits. renamed by ALEC as the “Private Enterprise Advisory
Board,” includes representatives of fossil fuel interests
• Five states introduced the “Emergency Care Im-
(Koch Industries, Peabody Energy, Exxon Mobil, Ener-
munity Act,” which provides immunity to emergency
gy Future Holdings), the pharmaceutical industry (PhR-
personnel who provide assistance, without compensa-
tion, at the scene of an emergency. Providing some legal MA, Pfizer), and big tobacco (Altria, formally known
as Phillip Morris). It also includes insurance companies
protections for volunteers in emergency situations may
be important, but Doroshow suspects the bill is primar- like State Farm, which profits from a rigged tort liability
system by paying out less in claims (even while raising
ily advanced “for PR purposes” to promote the notion
premiums).
that the tort system is broken.
• Ten states introduced the “Trespasser Respon- Average Americans Pay the Price
sibility Act,” which would largely absolve landowners An increasingly major player in advancing the ALEC
from a responsibility to maintain safe premises, and tort reform agenda is the U.S. Chamber of Commerce
tends to benefit large landowners like railroads, utility and its Institute for Legal Reform, both of which are
companies, and big agriculture. These large corpora- members of the ALEC Civil Justice Task Force.
tions would be absolved from their duty to act respon-
sibly, and would be immune if a person accidentally A big priority for the Chamber this year has been leg-
wanders onto their property and are injured by poor- islation narrowing access to the courts for asbestos
ly-maintained electrical boxes, dangerous chemicals or victims. The ALEC “Asbestos Claims Transparency
farm implements. Act” was first adopted by members of the ALEC Civil
Justice Task Force in 2007 and was introduced in four
ALEC Corporations Reap the Rewards states in 2013, in many cases supported by testimony
34
from Shook Hardy & Bacon attorney Mark Behrens on Legal Reform. The Wall Street Journal editorial board
behalf of the Chamber’s Institute for Legal Reform. The -- which includes Stephen Moore, an ALEC “advisor”
effort would benefit corporations like Crown Holdings, -- published an editorial in support of the legislation.
a Fortune 500 company with over $8 billion in annual
Consumer and worker advocates expect more states to
sales that has worked with ALEC for years to legislate
introduce versions of the Asbestos Claims Transparency
its way out of compensating asbestos victims, as well
Act in 2014. A parallel bill has been introduced on the
as ALEC member Honeywell International, which has
federal level and recently passed the House Judiciary
faced significant asbestos liability in recent years.
Committee (prompting a response from the New York
Asbestos-related diseases kill at least 10,000 Americans Times Editorial Board). Testimony presented to Con-
every year, in many cases from mesothelioma, an incur- gress from attorneys at Caplin & Drysdale has identified
able and painful cancer caused by exposure to asbes- the ALEC connection.
tos. For decades, asbestos was used for insulation and
“Tort Reform” Bills Contradict ALEC’s Alleged Free
industrial purposes, and the diseases particularly affect
Market Principles
veterans, firefighters, construction workers, and individ-
uals who worked in factories with high-heat machinery. A robust tort liability system advances “free market”
goals -- a principle ALEC claims to support -- by pro-
Asbestos company executives knew from at least the
viding market pressures that provide a check on corpo-
1940s that asbestos was deadly but covered it up for half
rate misbehavior. The possibility of a lawsuit, and the
of a century. For example, an internal memo from a sub-
associated financial liability, provides an economic in-
sidiary of ALEC member Honeywell in 1966 stated, “if
centive for manufacturers, hospitals, utility companies,
you have enjoyed a good life while working with as-
and other corporations to be more safe and responsible,
bestos products why not die from it?” The disease can
and it advances these goals without government regula-
take between 20 and 50 years to manifest, so individuals
tion and enforcement.
exposed decades earlier are only discovering the illness
now. By pushing these “tort reform” bills, ALEC is not advo-
cating for “free markets” and “limited government,” but
Like the ALEC-supported voter ID laws that spread
instead protecting corporate interests from any form of
across the country in recent years, supporters of the As-
accountability to consumers or the public.
bestos Claims Transparency Act claim the law is neces-
sary to stop fraud -- despite no persuasive evidence of “[The ALEC tort reform bills] offer nothing for con-
significant fraud or abuse. The law is couched in terms sumers and in fact, would do them great harm,” Doro-
of “transparency,” but is actually designed to save cor- show says. “And they create frameworks, easily amend-
porations money by delaying justice for asbestos victims ed by future lawmakers, that could result in even worse
and enacting unnecessary procedural hurdles for getting damage to the public.”
their day in court.
The bill could allow corporations like Crown Hold-
ings or Honeywell to delay a lawsuit until a victim files
claims with any other asbestos or personal injury “trust
funds,” which are accounts set up after a company goes
bankrupt to pay claims to injured parties. This require-
ment, advocates say, is intended to drag out a case until
after a sick victim dies -- an especially pointed concern
given that asbestos cancer victims usually die within a
year after being diagnosed.
In December of 2012, Ohio became the first state to
pass the ALEC asbestos bill, which the Chamber pub-
licly applauded: “‘As Ohio goes, so goes the nation,’ and
we hope this will result in a domino effect,” said Lisa
Rickard, president of the U.S. Chamber’s Institute for
35
ALEC Tort Reform Bills, 2013
Admissability in Civil Actions of non-ue of a seat belt Act Indiana HB 1010
Admissibility in Civil Actions of Nonuse of a Seat Belt Act Washington HB 1696
Anti-Phishing Act New York A 1117
Asbestos Claims Transparency Act Illinois HB 153
Asbestos Claims Transparency Act Louisiana HB 481
Asbestos Claims Transparency Act Ohio HB 380 X
Asbestos Claims Transparency Act Wisconsin AB 19
Asset Forfeiture Process and Private Property Protection Act. Utah HB 384 X
Class Actions Improvements Act Arizona SB 1452
Class Actions Improvements Act Oklahoma SB 949
Commonsense Consumption Act North Carolina H 683 X
Comparative Fault Act Rhode Island H 5321
Comparative Fault Act West Virginia HB 2843
Comparative Fault Act West Virginia SB 450
Elimination of Double Recoveries Act Florida SB 1134
Elimination of Double Recoveries Act West Virginia SB 176
Emergency Care Immunity Act Alabama SB 62
Emergency Care Immunity Act Nevada AB 132 X
Emergency Care Immunity Act New Jersey A 3694
Emergency Care Immunity Act South Carolina H 4145
Emergency Care Immunity Act South Dakota HB 1151 X
Emergency Care Immunity Act West Virginia HB 2285
Forum Non Conveniens Act West Virginia SB 113
Full and Fair Noneconomic Damages Act Kansas SB 158
Full and Fair Noneconomic Damages Act New Hampshire HB 1180
Joint and Several Liability Act Illinois SB 1974
Joint and Several Liability Act Tennessee HB 1099 X
Joint and Several Liability Act Tennessee SB 56 X
Jury Patriotism Act Oklahoma SB 484 X
Noneconomic Damage Awards Act Connecticut SB 452
Noneconomic Damage Awards Act Missouri HJR 6
Noneconomic Damage Awards Act New York A 321
Noneconomic Damage Awards Act New York A 5336
Noneconomic Damage Awards Act South Carolina S 625
Notice and Opportunity to Repair Act Massachusetts S 617
Prejudgment and Post-judgment act Oklahoma SB 1080 X
Prejudgment and Post-judgment act Rhode Island HB 5289
Private Attorney Retention Sunshine Act Oklahoma HB 1494
Product Liability Act Alabama HB 617
Product Liability Act Illinois HB 5808
36
ALEC Tort Reform Bills, 2013 (Continued)
Product Liability Act Missouri SB 356
Punitive Damages Standard Act South Carolina S 788
Rational Use of a Product Act Oklahoma SB 754
Regulatory Compliance Congruity with Liability Act Illinois HB 5808
Reliability in Expert Testimony Standards Act Illinois HB 2221
Reliability in Expert Testimony Standards Act West Virginia SB 113
Resolution in Support of Fair Recourse and Effective Deter- Oklahoma SB 533
rence Against Frivolous Claims
Ten-Year Statute of Repose Act Pennsylvania SB 446
The Common Sense Scientific and Technical Evidence Act Florida S 1412
The Common Sense Scientific and Technical Evidence Act Florida H 7015 X
The Phantom Damages Act Tennessee HB 978
The Phantom Damages Act Tennessee SB 1184
The Uninsured Motorist Stipulation of Benefits Act Missouri HB 339 X
Trespassed Responsibility Act Georgia SB 125
Trespasser Responsibility Act Georgia HB 270
Trespasser Responsibility Act Illinois HB 3407
Trespasser Responsibility Act Illinois HB 2216
Trespasser Responsibility Act Indiana HB 1502
Trespasser Responsibility Act Kansas HB 2315
Trespasser Responsibility Act Kansas HB 2399
Trespasser Responsibility Act Mississippi HB 1302
Trespasser Responsibility Act Mississippi SB 2525
Trespasser Responsibility Act New York A 4824
Trespasser Responsibility Act South Carolina HB 788
Trespasser Responsibility Act Utah HB 347 X
Trespasser Responsibility Act Virginia HB 2004 X
Trespasser Responsibility Act West Virginia HB 2582
Trespasser Responsibility Act West Virginia SB 338
Trespasser Responsibility Act Wyoming SF 70
Volunteer Immunity and Charitable Organization Liability West Virginia HB 2285
Limit Act
Workers’ Compensation Fraud Warning Act Oklahoma SB 1062 X
TOTAL ALEC Tort Reform Bills: 71 14
37
Additional Information
Follow the ALEC Exposed Project. Check out a wealth of information about ALEC, including links to reports,
resources, actions and much more at CMD’s award winning ALEC Exposed project website www.alecexposed.org.
Read our reporting about ALEC. Follow our work to expose ALEC, and other related stories at www.PRWatch.
org and sign up for our weekly publication of all our articles called The SPIN.
Find out if your state legislators are members of ALEC. For two years, CMD has been compiling a list of
known ALEC leaders state-by-state. You can find this list at ALECexposed.org and here.
Find out which corporations fund ALEC. CMD has been compiling a list of known ALEC corporate funders,
and tracking their involvement within ALEC. At least 49 corporations and six non-profits have now quit ALEC,
including big names like Amazon, General Motors, and Walmart. Find the latest list of which corporations have
left ALEC and who hasn’t at ALECexposed.org and here.
Follow ALEC Exposed on social media.

Twitter: @ALECExposed and #ALECExposed
Facebook: www.facebook.com/CenterforMediaAndDemocracy
38
ALEC's Fracking Chemical Disclosure Bill Moving Through Florid... http://www.desmogblog.com/2014/02/19/alec-exxonmobil-proposed...
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ALEC's Fracking Chemical Disclosure Bill Moving Through Florida

Legislature
(htt Horn (/user/7018) | February 19, 2014
Steve
p://li
cen
se.i
cop
yrig
ht.n
et:8
0
/rig
hts
/tag
.act
?ta
g=3
.14
813
?icx
_id
=78
60)
The American Legislative Exchange Council's (ALEC) (//www.desmogblog.com/directory/vocabulary

/6907) model bill for disclosure of chemicals injected into the ground during the controversial hydraulic fracturing
(“fracking”) (//www.desmogblog.com/fracking-the-future/) process is back for a sequel in the Sunshine
State legislature.
ALEC's model bill was proposed by ExxonMobil at its December 2011 meeting and is modeled after a bill that passed in
Texas' legislature in spring 2011(//www.desmogblog.com/alec-wasn-t-first-industry-trojan-horse-
behind-fracking-disclosure-bill-enter-council-state-governments), as revealed in an April 2012 New
York Times investigative piece (http://www.nytimes.com/2012/04/22/us/alec-a-tax-exempt-
1 of 9 7/18/16, 1:30 PM
group-mixes-legislators-and-lobbyists.html?pagewanted=all). ALEC critics refer to the pro-business

organization as a “corporate bill mill (http://www.prwatch.org/news/2013/03/12024/alec-
corporate-bill-mill-posts-some-model-bills-online-first-time-watchdogs-say-m)” lending
corporate lobbyists a “voice and a vote (http://www.prwatch.org/news/2011/07/10883/about-
alec-exposed)” on model legislation (http://www.alecexposed.org/wiki/ALEC_Exposed) often
becoming state law.
The bill currently up for debate at the subcommittee level in the Florida House of Representatives was originally
proposed a year ago (//www.desmogblog.com/2013/03/13/florida-legislature-pushing-alec-csg-
sham-fracking-chemical-disclosure-model-bill) (as HB 743) in February 2013 and passed in a 92-19 vote
(http://flsenate.gov/Session/Bill/2013/0743), but never received a Senate vote. This time around the
block (like last time (http://flsenate.gov/Session/Bill/2013/0743) except for the bill number),
Florida's proposed legislation is titled the Fracturing Chemical Usage Disclosure Act ( HB 71)
(http://www.myfloridahouse.gov/Sections/Bills
/billsdetail.aspx?BillId=51190), introduced by Republican Rep. Ray Rodrigues
(http://www.myfloridahouse.gov/Sections/Representatives
/details.aspx?MemberId=4572). It is attached to a key companion bill: Public Records/Fracturing
Chemical Usage Disclosure Act (HB 157) (http://www.myfloridahouse.gov/Sections/Bills
/billsdetail.aspx?BillId=51269).
(http://www.myfloridahouse.gov/Sections/Committees
HB 71 passed on a party-line 8-4 vote
/billvote.aspx?VoteId=30274&IsPCB=0&BillId=51190&) in the Florida House's Agriculture and
Environment Subcommittee (http://www.myfloridahouse.gov/Sections/Committees
/committeesdetail.aspx?committeeID=2096) on January 14, as did HB 157
(http://www.myfloridahouse.gov/Sections/Committees/billvote.aspx?VoteId=30275&
IsPCB=0&BillId=51269&). The next hurdle the bills have to clear: HB 71 awaits a hearing in the Agriculture and
Environment Appropriations Subcommittee (http://www.myfloridahouse.gov/Sections/Bills
/billsdetail.aspx?BillId=51190) and HB 157 awaits one in the Government Operations Subcommittee
(http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=51269).
Taken together, the two bills are clones of ALEC's ExxonMobil (//www.desmogblog.com/directory
/vocabulary/657)-endorsed Disclosure of Hydraulic Fracturing Fluid Composition Act
(http://www.eenews.net/assets/2012/05/01/document_ew_01.pdf). That model — like HB
71 — creates a centralized database for fracking chemical fluid disclosure. There's a kicker, though. Actually, two.
First kicker: the industry-created and industry-owned disclosure database itself — FracFocus
(//www.desmogblog.com/directory/vocabulary/11275) — has been deemed a failure by multiple
legislators (http://www.bloomberg.com/news/2012-11-30/frack-secrets-by-thousands-
keep-u-s-clueless-on-wells.html) and by an April 2013 Harvard University Law School study
(http://blogs.law.harvard.edu/environmentallawprogram/files/2013/04/4-23-2013-LEGAL-
FRACTURES.pdf). Second kicker: ALEC's model bill, like HB 157, has a trade secrets exemption for
chemicals deemed proprietary.
First “Halliburton Loophole,” then “ExxonMobil Loophole”
Back when the ALEC model bill was debated in the Texas legislature in spring 2011 (and before it was endorsed by
ExxonMobil and eventually adopted as a model by ALEC), the bill was touted as an antidote to the lack of
transparency provided at the federal level on fracking chemicals by both industry and environmental
groups (http://eponline.com/articles/2011/03/19/texas-house-proposes-fracking-fluid-
disclosure-bill.aspx), (http://www.facebook.com/sharer
such as the Environmental Defense Fund and the Texas League of
/sharer.php?u=www.desmogblog.com%2F2014%2F02%2F19%2Falec-
exxonmobil-proposed-fracking-fluid-disclosure-bill-moving-through-
fl-legislature&title=ALEC's Fracking Chemical Disclosure Bill Moving Through Florida
2 of 9 7/18/16, 1:30 PM
“[T]his is proof positive that the public, environmental groups, and the state’s energy industry can work together to
ensure the health and safety of Texans,” the Texas LCV said in May 2011 (http://eponline.com/articles
/2011/03/19/texas-house-proposes-fracking-fluid-disclosure-bill.aspx).
Rep. Rodrigues said he was impressed by these dynamics when researching the bill online in comments provided by
email to DeSmogBlog.
“I was pleased to see the Environmental community and the Energy community jointly draft this legislation,” he said.
(http://www.myfloridahouse.gov/Sections
FL Rep. Ray Rodrigues (R); Photo Credit: Florida House of Representatives
/Representatives/details.aspx?MemberId=4572)
The lack of federal level transparency is mandated by law via the Energy Policy Act of 2005
(//www.desmogblog.com/directory/vocabulary/9785), as outlined in a sub-section of the bill best
known as the “Halliburton Loophole (//www.desmogblog.com/directory/vocabulary/5770).”
The “Halliburton Loophole” — named such because Halliburton is an oil services company that provides fracking
services and because when it was written, the company's former CEO, Dick Cheney, was vice president of the United
States and oversaw the industry-friendly Energy Task Force (http://www.washingtonpost.com/wp-srv
/politics/documents/cheney_energy_task_force.html) — gives the oil and gas industry a free pass on
fracking chemical disclosure, deeming the chemicals injected into the ground during the process a trade secret.
Yet, far from an antidote to the “Halliburton Loophole,” a new loophole has been created in its stead at the state level
— the “ExxonMobil Loophole” — which now has the backing of ALEC. The results haven't been pretty.
An August 2012 Bloomberg News investigation revealed FracFocus merely offers the façade of disclosure, or
a “fig leaf” of it, as U.S. Rep. Diane DiGette (D- CO) put it in the piece.
“Energy companies failed to list more than two out of every five fracked wells in eight U.S. states from
April 11, 2011, when FracFocus began operating, through the end of last year,” wrote Bloomberg
(http://www.bloomberg.com/news/2012-08-14/fracking-hazards-obscured-in-failure-
to-disclose-wells.html). “The gaps reveal shortcomings in the voluntary approach to transparency
on the site.”
As we reported on DeSmogBlog in December 2012, FracFocus is a public relations front for the oil and gas industry:
(http://blog.shaleshockmedia.org
(http://www.facebook.com/sharer
3 of 9 7/18/16, 1:30 PM
(http://blog.shaleshockmedia.org/2012/11/30/fracunfocused/) include America’s Natural

Gas Alliance, Chesapeake Energy, and American Clean Skies Foundation
(http://www.sourcewatch.org
/index.php?title=American_Clean_Skies_Foundation), a front group for Chesapeake Energy.
(http://www.dispatch.com/content
FracFocus was listed as an industry “ally” in the recently revealed
/stories/local/2014/02/14/newly-released-2012-memo-details-defense-plan-against-
fracking-opponents.html) scandalous Ohio Department of Natural Resources memo from 2012
(http://www.dispatch.com/content/downloads/2014/02/ODNRfrackingPRplan.pdf) — now
part of an Ohio House of Representatives investigation (http://www.cleveland.com/open/index.ssf
/2014/02/ne_ohio_reps_call_for_house_in.html) — which discussed how to push through fracking on
public lands and divide Ohio's environmental community. It also received an initial $1.5 million in seed money
(http://stateimpact.npr.org/pennsylvania/2013/04/24/harvard-study-gives-failing-grade-
to-fracking-industry-disclosure-website/) in the aftermath the meetings between members of the
industry-stacked 2011 Obama Administration Department of Energy Fracking Subcommittee
(//www.desmogblog.com/fracking-study-panel-filled-gas-industry-insiders).
Perhaps it shouldn't be shocking, then, that one of the bill's original co-introducers
(http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB3328),
Texas Rep. Lon Burnam (D) (http://www.house.state.tx.us/members/member-page/?district=90),
told Bloomberg, “This disclosure bill has a hole big enough to drive a Mack truck through.”
Texas' track record on fracking chemical fluid disclosure speaks for itself.
“Drilling companies in Texas, the biggest oil-and-natural gas producing state, claimed similar exemptions about 19,000
times this year through August,” explained Bloomberg (http://www.bloomberg.com/news/2012-08-14
/fracking-hazards-obscured-in-failure-to-disclose-wells.html). “Trade-secret exemptions block
information on more than five ingredients for every well in Texas, undermining the statute’s purpose of informing
people about chemicals that are hauled through their communities and injected thousands of feet beneath their
homes and farms.”
(http://blogs.law.harvard.edu
Or, as the Harvard University Law School study put it
/environmentallawprogram/files/2013/04/4-23-2013-LEGAL-FRACTURES.pdf):
FracFocus prevents states from enforcing timely disclosure requirements, creates obstacles for compliance
for reporting companies, and allows inconsistent trade secret assertions. Furthermore, the reliance on
FracFocus by numerous states as a de facto regulatory mechanism sends a strong signal to industry that
careful reporting and compliance is not a top priority.
Asked why HB 157 was introduced as a companion to HB 71 to begin with, Rep. Rodrigues cited the
“Halliburton Loophole.”
“HB 157 was introduced because there are existing exemptions for trade secrets in both state and federal statutes,” he
said. “Therefore HB 71 must be made compliant with existing law. Otherwise, HB 71 could be challenged in court and
thus not enforced.”
ALEC Legislator Ties to Florida Bills
(http://www.myfloridahouse.gov
At the January 14 Agriculture and Environment Subcommittee hearing
/VideoPlayer.aspx?eventID=2443575804_2014011070&committeeID=2729) in which HB 71 and
HB 157 passed, Rep. Ray Rodrigues told his Subcommittee colleagues he got the idea for the proposed pieces of
legislation from (http://www.myfloridahouse.gov
/VideoPlayer.aspx?eventID=2443575804_2014011070&committeeID=2729) Texas Rep. James
4 of 9 7/18/16, 1:30 PM
“I contacted the Texas state representative who filed the bill, Jim Keffer, and asked him to send me that bill, which he
did,” said Rodrigues at the hearing (http://www.myfloridahouse.gov
/VideoPlayer.aspx?eventID=2443575804_2014011070&committeeID=2729) (begins at 9:57).
“That bill was the foundation of which was submitted last year.”
TX Rep. James “Jim” Keffer (R); Photo Credit: Texas Tribune (http://www.texastribune.org/directory/jim-keffer/)
(http://www.capitol.state.tx.us/BillLookup
At the time he co-introduced the bill
/History.aspx?LegSess=82R&Bill=HB3328) in 2011, Keffer was an ALEC member
(http://www.sourcewatch.org/index.php/Texas_ALEC_Politicians), according to SourceWatch.
Two of the Agriculture and Environment Subcommittee members who up-voted HB 71 and HB 157 — Rep. Ray Pilon (R)
(http://www.myfloridahouse.gov/sections/representatives/details.aspx?MemberId=4512)
and Rep. Matt Caldwell (R) (http://www.myfloridahouse.gov/Sections/Representatives
/details.aspx?MemberId=4513) — have ALEC ties (http://www.sourcewatch.org/index.php
/Florida_ALEC_Politicians). Further, three members of the Agriculture and Environment Appropriations
Subcommittee (http://www.myfloridahouse.gov/Sections/Committees
/committeesdetail.aspx?CommitteeId=2699) — Pilon, Rep. Ben Albritton
(http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4508)
and Rep. Debbie Mayfield (http://www.myfloridahouse.gov/Sections/Representatives
/details.aspx?MemberId=4456) — which is the next destination for HB 71, also have ALEC ties
(http://www.sourcewatch.org/index.php/Florida_ALEC_Politicians).
For HB 157, two members of the Florida House Government Operations Subcommittee
(https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&
ved=0CCcQFjAA&url=http%3A%2F
%2Fwww.myfloridahouse.gov%2FSections%2FCommittees%2Fcommitteesdetail.aspx%3F
CommitteeId%3D2731&ei=y7EEU_P8BsKRygH85oCgDg&usg=AFQjCNECfviv4Hdnp1zc-
tZ8UDo0_1U7Tg&sig2=HMGDP2yF8Fzx2lQ6X5olCw&bvm=bv.61535280,d.aWc) have ALEC ties
(http://www.sourcewatch.org/index.php/Florida_ALEC_Politicians): Rep. Clay Ingram
(http://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4493)
and Rep. Larry Ahern (http://www.myfloridahouse.gov/Sections/Representatives
/details.aspx?MemberId=4505). Were both bills to advance to the House State Affairs Committee
(http://www.flhouse.gov/Sections/Committees
/committeesdetail.aspx?CommitteeId=2589), three members of that committee have ties to ALEC, too:
Albritton, Caldwell and Rep. Jason Brodeur (http://www.myfloridahouse.gov/Sections
5 of 9 7/18/16, 1:30 PM
Will the Bills Pass?
After contacting multiple sources in Florida, it appears far from a sure bet that the two bills will advance out of the
current subcommittees.
Kevin Cleary, spokesman for Rep. Albritton, chair of the Florida House Agriculture and Environment Appropriations
Subcommittee (http://www.myfloridahouse.gov/Sections/Committees
/committeesdetail.aspx?CommitteeId=2731), told DeSmogBlog Rep. Albritton has no intention to bring
HB 71 to a committee vote for now.
(http://www.myfloridahouse.gov/Sections
FL Rep. Ben Albritton (R); Photo Credit: Florida House of Representatives
/Representatives/details.aspx?MemberId=4508)
A member of the Florida environmental community, who requested anonymity due to the speculative nature of his
analysis, said he expects the bills to be tabled for the year, especially since elections loom in November.
“Since this is an election year, leadership may be considering whether to put their members in the position of having to
vote for an unpopular bill when it's not likely to pass,” said the source. “If that's the case, they might have sent word
down the line to let them die quietly. But we're not relaxing, and won't until the bill is dead.”
Photo Credit: Wikimedia Commons (http://en.wikipedia.org/wiki/File:ARS_Lygodium_microphyllum.jpg)
(http://license.icopyright.net:80/rights
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Alaska
SB 144, Sponsor: French
TAXING TIMES A Weekly
Update of State Budget Issues Summary: Creates a Carbon Sequestration Advisory Cmt. to verify and issue
Week of 6/23/03 credits for sequestration projects.

ALEC Joins Coalition Against Status:
Guaranteed Issue 3/17/03 Introduced
3/17/03 Introduced, Cmt. on State Affairs and Resources
Download "Show Me The
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Strategies for Cash Strapped Summary: Creates a Carbon Sequestration Advisory Cmt.
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Status:
Read Keynote Speeches from
2002 SNPS
3/14/03 Introduced

HB 169
Click here to order Photographs Summary: Creates a Carbon Sequestration Advisory Cmt. Substituted bill deletes
from 2003 Spring Task Force
Summit Sequestration Advisory Cmt. language; new bill directs the Dept. of Natural
Resources to study sequestration and report to the legislature. Dept. is also
Click here to order Audiotapes
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and CDs from 2002 SNPS sequestration. It is the intent of the legislature to quantify GHG reductions and
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https://web.archive.org/web/20030705151630/http://www.alec.org/viewpage.cfm?pgname=5.162 1/15
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5/17/03 Senate Cmt. on Resources
5/21/03 Legislature adjourned sine die
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Report California
AB 151, Sponsor: Vargas
Summary: Any imports of electricity into CA will be charged up to $.001/kWhr.
as a containment emission mitigation fee. Establishes the Imported Electricity Air
Pollution Mitigation Fund.
Status:
1/21/03 Introduced
1/27/03 Cmt. on Utilities, Commerce, and N. Resources
2/25/03 Passed Cmt. Amended.
2/25/03 Rereferred to Cmt.
4/1/03 Passed Cmt. Referred to Cmt. on Nat. Resources
4/21/03 Passed Cmt on NR; to Cmt. on Appropriations
6/2/03 Passed Assembly
6/12/03 To Cmt. on Energy and Cmt. on Environ. Quality
6/23/03 Withdrawn from Cmt. Energy; Referred to Cmt. on Environ. Quality
SB 444, Sponsor: Vasconcellos
Summary: States the legislature finds global warming is occuring and it is the
intent of the Legislature to "significantly reduce emissions of greenhouse gases
in the state to the extent practicable pursuant to the provisions of the Kyoto
Accord." No specifics are given on how this will be achieved.
Status:
2/20/03 Introduced
3/6/03 Cmt. on Rules
Colorado
HB 1295, Sponsor: Spradley
Summary: Creates a Renewable Energy Standard requiring each electricity
provider to acquire a prorated amount of renewable energy so that by 2020,
1800 MW of generation capacity for the state shall be from renewable sources.
Status:
2/5/03 Introduced, Cmt. on Trans. and Energy
2/26/03 Senate Cmt. on Business
3/13/03 From Cmt. on Business Affairs: Postponed indefinitely.
SB 151, Sponsor: Phillips
Summary: A Renewable Energy Standard requiring each electricity supplier to
generate or acquire 1500 MW of renewable energy capacity by 2020.
Status:
1/24/03 Introduced
2/12/03 Reported favorably from Cmt. on Business
2/12/03 In Cmt. on Appropriations
4/14/03 From Cmt. on Approp. Postponed Indefinitely.
5/14/03 To Cmt. on Approp. Suspense File
Connecticut
Legislature adjourned sine die on 6/4/03
HB 5204, Sponsor: Bernhard.
Summary: Establishes a board to evaluate emissions impact on air quality,
disease, and global warming. Shall consider whether to adopt the California CO2
emissions standard.
Status:
1/16/03 Introduced
1/17/03 Cmt. on Environ.
11/12/2015 ALEC
4/4/03 Failed Joint Favorable deadline
HB 6245, Sponsor: Mushinsky
Summary: Creates a mandatory registry of CO2 emissions in order to establish a
baseline for reducing such emissions.
Status:
1/27/03 Introduced
1/28/03 Cmt. on Environment
2/11/03 Referred to Joint Cmt. on Education
3/28/03 Drafted by Cmt.
4/4/03 Failed Joint Favorable deadline.
SB 711, Sponsor: Freedman
Summary: Requests a legislative study on the feasibility, cost, and benefits
associated with CT adoption of vehicular GHG emissions standards.
Status:
1/24/03 Introduced
SB 712, Sponsor: Freedman
Summary: Adopts California's vehicle CO2 emission reduction program for
vehicle model year beginning 2009.
Status:
1/24/03 Introduced
1/27/03 Cmt. on Environment
Delaware
SB 161, Sponsor: McDowell
Summary: Creates a Renewable Energy Portfolio Standard of 10% by 2014. Any
supplier failing to meet the standard cannot apply for a rate increase. Also
creates a renewable credits trading system.
Status:
6/19/03 Introduced; To Cmt. on Energy and Transit
6/24/03 From Cmt. on Energy and Transit: Reported without recommendation.
6/30/03 Died on adjournment
Florida
HB 21, Sponsor: Kyle
Summary: Appropriations Bill. Line 1904: Expenses, From State Transportation
(Primary) Trust Fund. Contingent on the establishment of a pilot program
relating to voluntary GHG reductions, the dept. may expend funds to purchase
agriculturallyderived emission reduction credits for the purpose of offsetting
emissions produced by the dept.
Status:
5/16/03 Passed Senate
5/16/03 Died in Cmt. Special Session adjourned
Georgia
HB 586, Sponsor: Drenner
Summary: Establishes Renewable Portfolio Standard goals for utilities. Goal is
3.5% of net sales by 2008. Any company not meeting the goals must report to
the PSC and provide an explanation.
Status:
2/27/03 Introduced
2/27/03 Introduced, Cmt. on Nat. Res.
SB 356, Sponsor: Meyer
Summary: Establishes a voluntary Georgia Carbon Sequestration Registry.
Status:
3/27/03 Introduced
11/12/2015 ALEC
3/27/03 Introduced, Cmt. on Nat. Res.
Hawaii
HCR 125, Sponsor: Morita
Summary: Requests the Dept. of Business to review the feasibility of Hawaii
entering the Chicago Climate Exchange and developing its own renewable credit
trading system. Same as SCR 171.
Status:
3/12/03 Introduced
3/28/03 Pass Cmt. as amended.
HCR 125
Redrafted: Requests a primer and policy analysis of CO2 emission reduction
strategies and HI's renewable credit trading system. The analysis shall include
carbon taxes and carbon trading.
Status:
4/11/03 House Draft 1, to Cmt. on Finance
Summary: Requesting the President to submit the Kyoto Protocol to the Senate
for ratification. Same as SCR 159, SR 108, HR 115.
Status:
3/12/03 Introduced
3/31/03 Passed Cmt. on Inter'nat Affairs
4/10/03 Passed Cmt. on Energy and Env.
4/14/03 To Senate Cmt. on Transportation; To Cmt. on Energy and Env.
Summary: Requesting a study to measure the state's mobile and stationary NOx,
SOx, Hg, and CO2 emissions and propose reduction strategies. Same as SR 113,
SCR 164, HR 139.
Status:
3/12/03 Introduced
3/14/03 To Cmt. on Energy and Env.
3/18/03 Passed Cmt.
4/1/03 Read 2nd Time
4/1/03 To Cmt. on Finance
HR 115, Sponsor: Morita
for ratification. Same as SCR 159, SR 108, HCR 143.
Status:
3/12/03 Introduced, Cmt. on International Affairs
3/14/03 To Cmt. on Int'nat Affairs
3/31/03 Passed Cmt.
4/10/03 Passed Cmt. on Energy and Env.
HR 139, Sponsor: Morita
SOx, Hg, and CO2 emissions and propose reduction strategies. Same as HCR
175, SCR 164, SR 113.
Status:
3/12/03 Introduced
3/14/03 Cmt. on Energy and Env.;
3/18/03 Passed Cmt.
4/1/03 Read 2nd time in House
4/1/03 To House Cmt. on Finance
SCR 159, Sponsor: English
Summary: Requests the President to submit the Kyoto Protocol to the Senate for
ratification. Same as SR 108, HR 115, HCR 143.
11/12/2015 ALEC
Status:
3/13/03 Introduced
3/13/03 Introduced, Cmt. on Energy and Env.
3/18/03 Additional referred to Cmt. on Trans.
Summary: Requests the Dept. of Business to review the feasibility of Hawaii
entering the Chicago Climate Exchange and developing its own renewable credit
trading system.
Status:
3/13/03 Introduced
3/18/03 To Cmt. on Energy and Env.; Cmt. on Commerce; Cmt. on Economic
Development
SOx, Hg, and CO2 emissions and propose reduction strategies. Same as SR 113,
HCR 175, HR 139.
Status:
3/13/03 Introduced
3/18/03 Cmt. on Energy and Env.; Cmt. on Health; Cmt. on Trans.
4/9/03 Passed Cmt. on Transportation; Passed Cmt. on Energy and Env.;
4/14/03 To House Cmt. on Energy and Env.
SR 108, Sponsor: English
for ratification. Same as SCR 159, HR 115, HCR 143.
Status:
3/13/03 Introduced.
3/18/03 To Cmt. on Energy and Env.; to Cmt. on Transportation
SR 113, Sponsor: English
SOx, Hg, and CO2 emissions and propose reduction strategies. Same as SCR
164, HCR 175, HR 139.
Status:
3/13/03 Introduced
3/18/03 Cmt. on Energy and Evn.; Cmt. on Health; Cmt. on Trans.
4/9/03 Passed Cmt. on Energy and Evn.; Cmt. on Health; Cmt. on Trans.
4/11/03 Adopted by Senate
HB 12, Sponsor: Thielen
Summary: Increases renewable portfolio standard goals by an additional
1%/year. By 1016, 20% of sales are from renewables.
Status:
1/15/03 Introduced.
1/21/03 Cmt. on Energy/Enviro. Protection
HB 184, Sponsor: Morita
Summary: Increases the Renewable Energy Portfolio Standard to 10% of energy
sales from renwables by 2010, and 20% by 2020 (up from 9% by 2010). Makes
goals mandatory.
Status:
1/17/03 Introduced
1/22/03 Cmt. on Energy
1/31/03 Additionally referred to Cmt. on Consumer Protection
Summary: Power plant emission control of NOx, SOx, Hg, and CO2. CO2 cap and
trade program restricts emissions to 1990 levels by 2007. Same as SB 499.
Status:
1/17/03 Introduced
11/12/2015 ALEC
HB 356, Sponsor: Fox
Summary: Increases Renewable Portfolio Standard goals to 20% of net sales by
2020.
Status:
1/17/03 Introduced
HB 995, Sponsor: Hamakawa
Summary: Increases Renewable Portfolio Standards to 100% renewable energy
electricity production and combined heat and power systems by 2020.
Status:
1/22/03 Introduced
SB 499, Sponsor: English
Summary: Power plant emission control of NOx, SOx, Hg, and CO2. Same as HB
195.
Status:
1/17/03 Introduced
2/13/03 Passed Cmt.
2/14/03 To Cmt. on Commerce
SB 588, Sponsor: Taniguchi
Summary: Makes renewable portfolio standard goals mandatory.
Status:
1/17/03 Introduced
2/14/03 Held in Cmt.
Summary: State will establish a vehicular GHG emissions standard to achieve
the "maximum feasible reduction."
Status:
1/24/03 Introduced
Summary: Establishes a renewable energy credits trading program in Hawaii and
investigate the feasibility of HI becoming a member of the Chicago Climate
Exchange. Same as SB 1609
Status:
1/24/03 Introduced
1/27/03 Cmt. on Energy and Environ. Protection
2/6/03 Held in Cmt.
Summary: Establishes a renewable energy credits trading program in Hawaii and
investigate the feasibility of HI becoming a member of the Chicago Climate
Exchange. Same as HB 1493.
Status:
1/24/03 Introduced
1/27/03 Cmt. on Energy and Environ.
2/6/03 Passed Cmt.
2/13/03 To Cmt. on Commerce
Illinois
SB 143, Sponsor: Cullerton
Summary: Creates a Renewable Energy Portfolio Standard Act.
Status:
2/4/03 Introduced
2/4/03 Senate Cmt. on Rules
11/12/2015 ALEC
2/19/03 Postponed in Cmt.
3/14/03 Referred to Cmt. on Rules
HB 2563, Sponsor: Joyce
Summary: In an effort to curb vehicle emissions including CO2, marine and rail
terminals are directed to operate so that trucks do not idle for more than 30
minutes. Failure to comply results in a fine of $250 per idling vehicle.
Status:
2/20/03 Introduced
2/26/03 Cmt. on Eviron.
3/13/03 Referred to Cmt. on Rules
Iowa
HSB 119, Sponsor: House Cmt. Natural Resources
Summary: Increases Iowa's Renewable Energy Portfolio Standard from 2% to
4% of retail sales by 2004. An additional 1% shall be added per year until 2010.
Also creates a renewable credits trading system.
Status:
2/11/03 Introduced
Maine
HP 622, Sponsor: Koffman
Summary: Requires new sources of GHG to be reported to the DEP. It directs the
Dept. to create an inventory of GHG emissions from state facilities and state
funded programs, create a plan for reducing emissions, enter into CO2 emission
reduction agreements with nonprofits and businesses, and to develop a long
term climate action plan for the State to reduce GHG emissions 7580% of 2003
levels by a date to be determined.
Status:
2/20/03 Introduced
2/20/03 Introduced; Cmt. on Nat. Res.
5/21/03 Signed by Gov.
HP 966, Sponsor: Colwell
Summary: Amended bill requires the PUC to increase the state's use of
renewable energy sources. The Commissions is to analyze the costs of achieving
the various goals and the most effective form of each program including a
renewable portfolio requirement, a system benefits charge, etc. Language
amended out: In addition to Maine's renewable portfolio standard, by 2014 five
percent of retail electricity sales shall be accounted for by renewable resources
constructed after 2002.
Status:
3/11/03 Introduced
5/23/03 Enacted
HP 245, Sponsor: Berry
Summary: Adjusts Renewable Energy Portfolio down from 30% by 2020 to 20%.
Same as HP 302.
Status:
1/28/03 Introduced
1/28/03 Cmt. on Utiltites
5/7/03 From Cmt. on Utilities and Energy.
5/7/03 House and Senate adopt Majority Cmt. Report: Ought not to pass.
HP 260, Sponsor: Joy
Summary: (LD 317) Prohibits any state agency from allocating funds to
implement any international treaty that the United States Senate has not
ratified.
11/12/2015 ALEC
Status:
1/28/03 Cmt. on State and Local Govt
HP 770, Sponsor: Mills
Summary: Imposes a tax on electricity generated using coal 0.3cents/kWh;
using oil 0.2 cents/kWh; and using natural gas 0.1 cents/kWh. The money will go
into a renewable energy fund.
Status:
2/26/03 Introduced
2/26/03 Introduced; Cmt. on Utilities
5/7/03 From Jount Cmt. on Utilities and Energy. House and Senate adopts
majority cmt. report: Ought not to pass.
SP 0377, Sponsor: Brennan
Summary: This bill is a concept draft pursuant to Joint Rule 208. Establishes a
system benefit charge of .15 cents/kWh in 2003 (increases to .30 cents/kWh by
2008) to fund energy efficiency. Increases the states renewable energy portfolio
standard. Makes the Green Bldg. Standards the new residential building code in
Maine. Same as 1157; Filed as LR 1034.
Status:
3/4/03 Introduced
3/4/03 Introduced, Cmt. on Utilities and Energy
Maryland
HB 373, Sponsor: Hubbard
Summary: Establishes a Low Emissions Vehicle Program modeled on Calif.'s
program. Same as SB 542.
Status:
2/4/03 Introduced
3/18/03 From Cmt. reported unfavorably.
HB 380, Sponsor: Hubbard
Summary: Limits air emissions of NOx, SO2, Hg, CO2 from coal power plants at
investor owned utilities. Also creates a trading system for carbon. Requires
reduction by 25% from 2000 baseline by the year 2009.
Status:
2/4/03 Introduced
2/4/03 Introduced; Cmt. on Environ.
2/24/03 Withdrawn from further consideration
SB 542, Sponsor: Grosfeld
Summary: Establishes a Low Emissions Vehicle Program modeled on Calif.'s
program. Same as HB 373.
Status:
1/31/03 Introduced
1/31/03 Introduced; Cmt. on Educat., Health, Environ.
2/7/03 Reassigned to Cmt. on Judicial Proceedings
3/18/03 Cmt. on Judicial Proceedings reported unfavorably.
HB 752, Sponsor: Petzold
Summary: Clean Energy Portfolio Standard of 7% by 2013.
Status:
2/7/03 Introduced
SB 691, Sponsor: Astle
Summary: Creates a Clean Energy Portfolio Standard of 7% by 2013.
Status:
2/14/03 Introduced
2/20/03 Reassigned to Cmt. on Finance
11/12/2015 ALEC
Missouri
HB 439, Sponsor: Lowe
Summary: Renewable portfolio standard of 6% of retail sales from renewables
by 2015. Also requires to report CO2 emissions on all customer utility bills.
Status:
2/10/03 Introduced
2/13/03 Cmt. on Conserv. and Nat. Res.
Montana
Montana Draft 915, Sponsor: Stonington
Summary: Renewable Portfolio Standard 7% of total sales must be from
renewables by 2007.
Status:
1/8/03 Filed
4/28/03 Session Adjourned
Montana Draft 1122, Sponsor: Gallik
Summary: Carbon dioxide standards for fossil fuel energy plants.
Status:
12/03/02 Draft request received.
12/26/02 Draft to requester for review.
Montana Draft 1966, Sponsor: Erickson
Summary: Urges action to reduce Montana's contribution to global warming.
Status:
01/09/03 Draft request received.
2/16/03 Draft on Hold
HB 7, Sponsor: Witt
Summary: Contains a grant request for $300,000 to fund a study entitled,
"Growing Carbon: Applying MarketBased Conservation Through Carbon
Sequestration." The grant will be used to leverage a $2M grant for feasibility
studies and later to pursue $710M for pilot projects in Montana. The project is
part of the President's Initiative under the Global Climate Exchange Program.
Status:
1/6/03 Introduced
3/20/03 Amended Out
SB 199, Sponsor: Stonington
Summary: Minimum renewable energy portfolio standard.
Status:
1/10/03 Introduced, Senate Cmt. Energy and Telecom.
02/28/2003 Missed Deadline for General Bill Transmittal.
SB 365, Sponsor: Stonington
Summary: Renewable Energy Portfolio Standard
Status:
2/10/03 Introduced, Senate Cmt. on Energy and Telecomm.
2/21/03 Postponed indefinitely
2/28/03 Missed deadline for general bill transmittal
Nebraska
11/12/2015 ALEC
LB 27, Sponsor: Preister
Summary: Renewable Portfolio Standard By 2005, 1% of each electricity
supplier's total sales shall come from renewables. Increases to 3% by 2010.
Status:
1/9/03 Introduced
1/10/03 NR Cmt.
Nevada
AB 431, Sponsor: Giunchigliani
Summary: Requires the PUC to adopt a renewable energy credits system.
Status:
3/13/03 Introduced, Cmt. on Commerce and Labor
3/17/03 Introduced; Cmt. on Commerce
4/21/03 Passed Cmt. on Commerce
4/22/03 Passed Assembly To Senate
5/21/03 Amended on Senate Floor
5/26/03 Assembly concurs with Senate Amendments.
6/9/03 Signed by Governor
New Jersey
AB 3238
Summary: Makes the adoption of an emissions portfolio standard for power
generators mandatory. The standard includes, but is not limited to, NOx, SO2,
Hg. Current law already requires power generators to track emissions in lbs/MWh
of SO2, CO2, and NOx.
Status:
2/3/03 Introduced
AB 2095, Sponsor: Wisniewski
Summary: Increases fines for noncompliance with the renewable portfolio
standard to $10,000 $100,000. Same as SB 1328.
Status:
3/17/03 Introduced
SB 1328, Sponsor: Inverso
Summary: Increases fines for noncompliance with the renewable portfolio
standard to $10,000 $100,000. Same as AB 2095.
Status:
3/17/03 Introduced
New Mexico
SJM 51, Sponsor: Sanchez
Summary: Suspends the Renewable Energy Portfolio Standard adopted by the
Public Utilities Commission until a legislative study can be concluded and the
program enacted statutorily.
Status:
2/12/03 Introduced, Cmt. on Rules
2/28/03 House Cmt. on Energy
SB 836, Sponsor: Romero
Summary: Amends the Public Utilities Act to include new duties for the
Commission including developing renewable energy portfolio standards and a
renewable credit trading system, and source and emissions disclosure
requirements.
11/12/2015 ALEC
Status:
2/20/03 Introduced
2/20/03 Introduced; Cmt. on Conservation
2/20/03 Cmt. on Corp. and Transportation
HJM 97, Sponsor: Lujan
program enacted statutorily. Same as SJM 51.
Status:
2/25/03 Introduced
2/25/03 Introduced; Cmt. on Energy
3/5/03 Passed as Amended.
3/8/03 Passed House
SJM 51
program enacted statutorily. Same as HJM 97.
SJM 79, Sponsor: Romero
Summary: Resolved that the Public Regulation Commission be allowed to enact
its adopted portfolio standard.
Status:
2/24/03 Introduced
2/24/03 Introduced; Cmt. on Public Affairs
3/15/03 Withdrawn from Cmt. on Rules
New York
AB 4082, Sponsor: DiNapoli
Summary: Adopts California's vehicle greenhouse gas regulations by 2009. Same
as SB 4044.
Status:
2/11/03 Introduced, Cmt. on Environ. Conservation
3/25/03 From Cmt. on E.C.
3/25/03 To Cmt. on Codes
4/9/03 Amended in Cmt. on Codes
4/15/03 From Cmt. on Codes
5/12/03 Amended in Assembly
SB 899, Sponsor: Marcellino
Summary: Clean Energy requirement that 1.5% of each utilities electricity supply
come from renewables. Increase by 0.5% each year until clean energy reaches
6%; 1% each year after until clean energy reaches 10%. Allows for credit
banking.
Status:
1/23/03 Energy and Telecom. Cmt.
AB 5933, Sponsor: Brodsky
Summary: Sets performance standards for NOx, SO2, CO2, and Hg.
Status:
3/4/03 Introduced, Cmt. on Environmental Consv.
3/25/03 From Cmt. E.C. to Cmt. on Codes
4/1/03 From Cmt. on Codes to Cmt on Ways and Means
AB 6248, Sponsor: Tonko
Summary: Emission standard for NOx, SO2, Hg, CO2 based on lbs./MWh
generated. A CO2 emissions cap will become permanent by 2007 that is 7% less
than 1990 levels and a credit trading program established.
Status:
3/4/03 Introduced; Cmt. on Energy
3/19/03 Passed Assembly
11/12/2015 ALEC
3/19/03 Senate Cmt. on Energy and Telecom.
SB 3172, Sponsor: Schneiderman
Summary: Caps SO2, NOx, and Hg. Caps CO2 emissions to 1997 levels by 2009
and allows for a carbon trading system.
Status:
3/19/03 Introduced
SB 4040, Sponsor: Oppenheimer
Summary: NY Climate Change Reduction Act: creates an advisory board to
recommend actions for reducing greenhouse gases by 25% of 1994 levels.
Status:
4/9/03 Introduced, Cmt. on Env. Conservation
SB 4044, Sponsor: Marcellino
Summary: Adopts California's vehicle greenhouse gas regulations by 2009. Same
as AB 4082.
Status:
4/9/03 Introduced, Cmt. on Env. Conservation
5/9/03 Amended in Cmt.
SB 4074, Sponsor: Parker
Summary: By 2004, rules shall be issued to reduce NOx, SOx, Hg, and CO2
through an emissions performance standard (lbs/MW hour). By 2007, CO2 will
be capped at 7% below 1990 levels.
Status:
4/9/03 Introduced, Cmt. on Energy and Telecomm
North Carolina
HB 1045, Sponsor: Hackney
Summary: Establishes a voluntary NC Climate Action Registry to track emission
reductions.
Status:
4/10/03 Introduced, Cmt. on Env. And Nat. Res.
SB 863, Sponsor: Clodfelter
Summary: Establishes a NC Climate Action Registry to track emission reductions.
By 2005, the registry will be mandatory for all facilities required to obtain an air
quality permit from the state.
Status:
4/3/03 Introduced, Cmt. on Ag.
Oregon
HB 2788, Sponsor: Cmt. on Revenue
Summary: Imposes a tax on each fuel supplier and utility based on the amount
of carbon in carbonbased fuels sold to consumers or used to produce electricity.
Also creates a Renewable Energy Resources Account fund for development of
renewable energy resources.
Status:
3/3/03 Introduced
Pennsylvania
SB 543, Sponsor: Schwartz
Summary: Requires utilities to disclose to customers total emissions of pollutants
including CO2 and energy sources.
Status:
3/24/03 Introduced
3/24/03 Introduced, Cmt. on Consumer Protection
11/12/2015 ALEC
Rhode Island
HB 5429
Creates a fuel efficiency credit or surcharge applicable to the sales and use tax in
order to increase fuel efficiency of private vehicles. Each mpg above 25 mpg
results in a $50 credit. Each mpg above 25 mpg results in a $50 surcharge for
the first five miles and $100 after that. Same as SB 305 and HB 5613.
HB 5613, Sponsor: Ajello
Summary: Creates a fuel efficiency credit or surcharge applicable to the sales
and use tax in order to increase fuel efficiency of private vehicles. Each mpg
above 25 mpg results in a $50 credit. Each mpg above 25 mpg results in a $50
surcharge for the first five miles and $100 after that. Same as SB 305 and HB
5429, except that it applies to vehicles model year 2003.
Status:
2/11/2003 Introduced
2/11/03 Introduced; Cmt. on Finance
HB 5425, Sponsor: Naughton
Summary: Directs DEM to develop plans for fossil fuel and greenhouse gas
reduction and exempts from taxation certain alternative energy equipment.
Status:
2/5/03 House Cmt. on Finance
HB 5429, Sponsor: Ginaitt
surcharge for the first five miles and $100 after that. Same as SB 305
Status:
2/5/03 Introduced
HB 5533¸ Sponsor: Moura
Summary: Renewable Energy Standard of 1% of each electricity suppliers
production come from renewable sources by 2005. An additional 1.5% from
renewables each year after that until 2015 and 1% thereafter.
Status:
2/6/03 Introduced
2/6/03 Introduced; Cmt on Environ. and Energy
SB 268, Sponsor: Bates
Summary: Renewable Energy Standard of 1% of each electricity suppliers
production come from renewable sources by 2005. An additional 1.5% from
renewables each year after that until 2015 and 1% thereafter. Same as HB
5533.
Status:
2/5/03 Introduced
2/5/03 Introduced; Cmt. on Environ. and Ag.
SB 305, Sponsor: Gibbs
surcharge for the first five miles and $100 after that. Same as HB 5429.
Status:
2/6/03 Introduced
3/25/03 Cmt. recommends holding for further study
4/1/03 Scheduled for hearing recommend measure be held for further study
HB 5201, Sponsor: Ginaitt
Summary: House Resolution: requests the federal government to reconsider the
new New Source Review rules and put CO2 emission caps in place.
11/12/2015 ALEC
Status:
1/23/03 Introduced
1/23/03 Cmt. on Environ. and Energy
3/27/03 Adopted
Utah
HB 89, Sponsor: Gowans
Summary: Creates a renewable energy portfolio standard
Status:
1/20/03 Introduced
3/5/03 Passed House
3/5/03 To Senate Cmt. on Rules
3/5/03 Enacting clause struck
Vermont
SB 57, Sponsor: Gossens
Summary: Directs the Public Services Commission to draft with the public a
Renewable Energy Portfolio Standard by 2004. Creates a renewable credits
trading system.
Status:
2/4/03 Introduced
2/5/03 Reassigned to Cmt. on NR and Energy
3/20/03 To Cmt. on Finance
3/27/03 From Cmt. on NR and Energy and Cmt. on Finance as amended
3/27/03 To Cmt. on Approp.
4/9/03 Cmt. on Nat. Res. and Energy
5/21/03 From Cmt. on Commerce: Recommended with amendment
5/30/03 Passed House; Senate concurs with amendments
6/17/03 Signed by Governor
HB 248, Sponsor: Klein
Summary: Directs the Public Service Board to design a renewable portfolio
standard.
Status:
2/20/03 Introduced
2/20/03 Introduced; Cmt. on Commerce
3/20/03 Cmt. on Approp.
5/30/03 Died on Adjournment
Washington
SB 5736, Sponsor: Fraser
Summary: The state government shall conduct its business with no net increase
in GHG emissions from year 2000 levels. The state shall purchase energy
efficient equipment, alternative fuel vehicles, and implement a renewable energy
portfolio standard for state purchases of electricity.
Status:
2/10/03 Introduced
4/27/03 Regular Session Adjourned
HB 1544, Sponsor: Hudgins
Summary: Beginning 2005, utilities shall acquire electricity savings from
conservation programs sufficient to equal 0.75 of one percent of the utility's
2004 retail load. Increases to 3.75 of one percent by 2009, etc. Renewable
Energy Portfolio Standard of 5% of its annual load from renewables by 2010;
Increases to 15% by 2023.
Status:
1/29/03 Introduced
1/29/03 Cmt. on Tech., Telecom. and Energy
3/4/03 Passed as substituted
11/12/2015 ALEC
HB 1661, Sponsor: Cooper
Summary: Fines truck drivers at marine terminals from idling their trucks for
more than 30 minutes. Idling trucks are stated to increase CO2 emissions among
other things, but the intent of the legislature is only to reduce PM emissions.
Status:
2/4/03 Introduced
2/4/03 Cmt. on Fisheries, Ecology, and Parks
SB 5945, Sponsor: Finkbeiner
Summary: Creates the voluntary WA Climate Action Registry to document and
encourage GHG reductions.
Status:
2/24/03 Introduced
2/24/03 Cmt. on NR, Energy, and Water
HB 2119, Sponsor: Linville
Summary: Creates a voluntary Washington Climate Action Registry to document
reductions in GHG emissions.
Status:
2/25/03 Introduced
2/25/03 To Cmt. on Technol., Telecom., and Energy
3/4/03 Passed as substituted
3/20/03 Senate Cmt. on NR, Energy, and Water
©1998 2003 ALEC
All RIGHTS RESERVED
All trademarks mentioned herein belong to their respective owners.
Exhibit 186: Related to Model Bill
EEA Roundup 7/21/11
EEA Roundup: Legislative Update 152 Last Report 7/5/11

2011 Session Adopted Failed Introduced Since Last Report Moved Since Last Report Vetoed
July 21, 2011
Related Model Bill State Bill No. Sponsor Title Prefiled Intro. Date Disposition Location Summary Status
Urges the United States Congress to pass legislation
imposing a moratorium on the issuance of new air quality
regulations by the U.S. Environmental Protection Agency and
legislation prohibiting the U.S. Environmental Protection 03/16/2011 - INTRODUCED.;03/16/2011 - To HOUSE
House Special Committee on Agency from regulating greenhouse gas emissions, requests Special Committee on ECONOMIC DEVELOPMENT,
Economic Development, that the federal government prepare a report on the effects of INTERNATIONAL TRADE AND
International Trade and proposed regulatory activity by the United States TOURISM.;03/16/2011 - To HOUSE Committee on
Resolution in Opposition to the EPA's Plan to Regulate GHG AK HJR 22 Millett (R) Air Quality Regulations 3/16/11 Pending - Carryover Tourism Environmental Protection Agency relating to air quality. RESOURCES.
Urges the United States Congress to adopt legislation
prohibiting the Environmental Protection Agency from
regulating greenhouse gas emissions without Congressional 04/14/2011 - Signed by GOVERNOR.;04/14/2011 -
Resolution in Opposition to the EPA's Plan to Regulate GHG AL HJR 197 DeMarco (R) Legislative Resolution 3/24/11 Enacted Chaptered approval. Act No. 2011-131
Relates to eminent domain on federal property, includes
property possessed by the United States government unless
the property was acquired by the federal government with the 01/24/2011 - To HOUSE Committee on
consent of the Legislature, provides that the state shall be the JUDICIARY.;01/24/2011 - Additionally referred to
plaintiff in any action to condemn property, provides that the HOUSE Committee on GOVERNMENT.;01/24/2011 -
attorney general shall file eminent domain actions on property Additionally referred to HOUSE Committee on
State Eminent Domain Authority for Federal Lands AZ H 2472 Gowan (R) Eminent Domain on Federal Property 1/18/11 Failed - Adjourned House Judiciary Committee possessed by the government, relates to public use. RULES.
Relates to eminent domain on federal property, relates to the
state's ability to manage, or provide access to, or increase the
profitability of, the lands owned or held in trust by this state for
the benefit of public schools and other institutions of this state
consistent with this state's fiduciary responsibilities toward the 03/16/2011 - To SENATE Committee on
beneficiaries of the trust lands for public use that increases JUDICIARY.;03/16/2011 - Additionally referred to
State Eminent Domain Authority for Federal Lands AZ H 2313 Jones (R) Eminent Domain on Federal Property 1/18/11 Failed - Adjourned Senate Judiciary Committee the ability of the state to generate revenue. SENATE Committee on RULES.
Relates to intrastate water resources, supports state
sovereignty over intrastate water resources and opposes any
Resolution to Retain State Sovereignty over Intrastate Water attempt by the federal government to diminish this jurisdiction 04/13/2011 - In HOUSE. Read third time. Passed
Resources AZ SCR 1024 Griffin (R) Intrastate Water Resources and State Sovereignty 1/27/11 Adopted Adopted unnecessarily. HOUSE.
Provides a concurrent resolution, relates to best available
control technology for greenhouse gas emissions, relates to
coal-based electrical generation, relates to use of
commercially available technologies that are designed to be
as efficient as is economically practicable, including advanced
super-critical pulverized coal, ultra super-critical pulverized
coal, and that are designed to be carbon capture and
Resolution on Best Available Control Technology for Coal- sequestration-compatible, as potential best available control 04/19/2011 - SENATE concurred in HOUSE
Based Electric Generation AZ SCR 1033 Allen S (R) Generation Control Technology 1/28/11 Adopted Adopted technology. amendments.
Relates to eminent domain on federal property, includes
Indian lands, increases the state's ability to increase access
and profitability of lands held in trust for public schools and
other institutions of the state consistent with the state's
fiduciary responsibilities toward beneficiaries of the trust 04/29/2011 - Signed by GOVERNOR.;05/02/2011 -
State Eminent Domain Authority for Federal Lands AZ S 1546 Melvin (R) Eminent Domain on Federal Property 1/31/11 Enacted Chaptered lands. Chapter No. 356
Relates to requirements that an agency, as part of the
regulatory adoption process, assess the potential for adverse
economic impact on State businesses and individuals and
provide initial statements of reasons and alternatives in
conjunction with a proposed action. Requires that such
statements identify each document, including empirical
studies, relied upon by an agency in rejecting a reasonable
Assembly Appropriations alternative. Requires economic impact statements. Requires 05/27/2011 - In ASSEMBLY Committee on
Economic Impact Statement Act CA A 530 Smyth (R) Regulations: Economic and Technical Information 2/15/11 Pending Committee that such statements be made publicly available. APPROPRIATIONS: Held in committee.
Repeals certain provisions relating to the earth's warming and
cooling phases, prevents adverse economic effects of
provisions enacted in response to the natural warming and
State Withdrawal from Regional Climate Initiatives CT H 5961 Piscopo (R) Certain Provisions Relating to Earths Warming Phase 1/21/11 Failed Died cooling phases of the earth. 03/24/2011 - Failed Joint Favorable deadline.
Provides the General Assembly with a means to evaluate
Climate Accountability Act CT H 5069 Piscopo (R) State Greenhouse Reduction Program 1/5/11 Failed Died greenhouse gas reduction programs and expenditures. 03/25/2011 - Failed Joint Favorable deadline.
Terminates Delaware's participation in the Regional
Greenhouse Gas Initiative and will save money for every 04/06/2011 - INTRODUCED.;04/06/2011 - To HOUSE
State Withdrawal from Regional Climate Initiatives DE H 86 Peterman (R) Regional Greenhouse Gas Initiative 4/6/11 Pending - Carryover House Energy Committee electricity user in Delaware. Committee on ENERGY.
(Resolution) Opposes the plan by the United States
Environmental Protection Agency to regulate greenhouse
gases under the Clean Air Act, provides that the United States
Environmental Protection Agency is requested to not make an 05/07/2011 - In SENATE. Indefinitely postponed and
endangerment finding for greenhouse gases and to not withdrawn from consideration.;05/07/2011 - In
Resolution in Opposition to the EPA's Plan to Regulate GHG FL S 1260 Bennett (R) Greenhouse Gas Regulation 2/21/11 3/8/11 Failed Died pursue regulation of greenhouse gases. SENATE. Died in committee.
(Memorial) Urges Congress to take additional action to clarify 05/07/2011 - In SENATE. Indefinitely postponed and
& specify Environmental Protection Agency's legal & withdrawn from consideration.;05/07/2011 - In
Resolution in Opposition to the EPA's Plan to Regulate GHG FL H 1375 Fresen (R) Greenhouse Gases 3/7/11 3/8/11 Failed Died regulatory obligations with respect to greenhouse gases. SENATE. Died in Messages.
Requires a person who steals agricultural products or
commodities to pay the property owner the value of the stolen
Bio-Security Act HI H 12 Thielen (R) Plant Theft 1/19/11 Pending - Carryover HOUSE product and the cost of replanting. 02/11/2011 - In Committee: Measure Deferred. Misc
Resolution to Retain State Sovereignty over Intrastate Water IA HR 3 Watts (R) Regulation of Intrastate Waters 1/26/11 Pending - Carryover HOUSE Provides that relating to the regulation of intrastate Waters. 01/26/2011 - INTRODUCED.
Provides that calling for the withdrawal of the state of Iowa
from the Midwestern Regional Greenhouse Gas Reduction
State Withdrawal from Regional Climate Initiatives IA HR 4 Watts (R) Withdrawal of the State of Iowa 1/26/11 Pending - Carryover HOUSE Accord. 01/26/2011 - INTRODUCED.
02/02/2011 - In HOUSE Committee on COMMERCE:
Opposes regulation of greenhouse gases pursuant to the Subcommittee assignments: Watts Chair,
Resolution in Opposition to the EPA's Plan to Regulate GHG IA HSB 61 Commerce Cmt Greenhouse Gases 2/2/11 Pending - Carryover House Commerce Committee Federal Clean Air Act. Brandenburg, Muhlbauer.
Limits the right to bring a nuisance action involving an

agricultural use or agricultural practice, includes a provision
declaring the importance of agricultural production and use of
modern agricultural technology, provides for agricultural uses 03/01/2011 - In HOUSE Committee on
and practices associated with those uses, which include a AGRICULTURE: Subcommittee assignments:
Right to Farm Act IA H 430 Sweeney (R) Agricultural Nuisance Action 3/1/11 Pending - Carryover House Agriculture Committee range of activities associated with crop and animal production. Sweeney, Paustian, and Swaim. Liability
Amends Code chapter 717A, which prohibits a person from
entering on or damaging property associated with a facility or
operation where animals or crops are maintained, provides
that an animal facility includes a location where an animal is
produced for agricultural or educational scientific purposes, or
a location operated by a licensed veterinarian, or a
Agriculture Bio-Security Act IA H 431 Sweeney (R) Code Chapter 717 3/1/11 Failed Withdrawn commercial or nonprofit pet establishment. 03/17/2011 - Withdrawn from further consideration. Misc
EEA Roundup 7/21/11
Prohibits a person from entering on or damaging property

associated with a facility or operation where animals or crops
are maintained, provides that an animal facility includes a
location where an animal is produced for agricultural or
educational scientific purposes, or a location operated by a
licensed veterinarian, or a commercial or nonprofit pet
establishment, A crop operation includes a crop field, orchard, 04/20/2011 - In SENATE. Filed Amendment No. S-
Agriculture Bio-Security Act IA H 589 Agriculture Cmt Crop Field 3/8/11 Pending - Carryover SENATE or other location where a crop is grown, harvested, or store. 3286.
Calls for curtailment and assessment of air quality regulation
Resolution in Opposition to the EPA's Plan to Regulate GHG IA HR 52 Paustian (R) Air Quality 4/26/11 Adopted Adopted by the United States Environmental Protection Agency. 05/06/2011 - Passed HOUSE.
Relates to agricultural facilities, provides that no local
ordinance shall require abatement of agricultural practices or
declare them nuisances, provides that such ordinances will be 04/06/2011 - Signed by GOVERNOR.;04/07/2011 -
Right to Farm Act ID H 210 Ways and Means Cmt Right to Farm 3/1/11 Enacted Chaptered null and void. Chaptered. Chapter No. 229 Liability
Urges Congress to adopt legislation prohibiting the EPA, by
any means necessary, from regulating greenhouse gas
emissions, including if necessary defunding the EPA
greenhouse gas regulatory activities, to impose a moratorium
on the promulgation of any new air quality regulations by the
EPA, except to directly address an imminent health or
environmental emergency, for a period of at least two years,
Senate Committee on and require the present Presidential administration to 04/12/2011 - INTRODUCED.;04/12/2011 - To
Resolution in Opposition to the EPA's Plan to Regulate GHG IL SR 171 Jones J (R) Legislative Resolution 4/12/11 Pending Assignments Committee undertake a comprehensive study. SENATE Committee on ASSIGNMENTS.
Urges Congress to adopt legislation prohibiting the EPA, by
any means necessary, from regulating greenhouse gas
emissions, including if necessary defunding the EPA
greenhouse gas regulatory activities, to impose a moratorium
on the promulgation of any new air quality regulations by the
EPA, except to directly address an imminent health or
environmental emergency, for a period of at least two years,
House Environmental Health and to require the present Presidential administration to 04/14/2011 - To HOUSE Committee on
Resolution in Opposition to the EPA's Plan to Regulate GHG IL HR 265 Bost (R) Legislative Resolution 4/11/11 Pending Committee undertake a comprehensive study. ENVIRONMENTAL HEALTH.
Relates to climate expenditure accountability, provides that if
a contract to which a state agency is a party includes a
climate expenditure, the contract must set forth the total cost
of the climate expenditure, the amount, in metric tons, of the
reduction in carbon dioxide equivalent intended to be
achieved through the climate expenditure and the cost per
House Environmental Affairs metric ton of the reduction in carbon dioxide equivalent 01/12/2011 - INTRODUCED.;01/12/2011 - To HOUSE
Climate Accountability Act IN H 1235 Wolkins (R) Climate Expenditure Accountability 1/12/11 Failed - Adjourned Committee intended to be achieved through the climate expenditure. Committee on ENVIRONMENTAL AFFAIRS.
Relates to limitation on adoption of agency rules, specifies
that an administrative agency may not adopt a rule under IC 4-
22-2 that will increase the administrative costs of the state, an
instrumentality of the state, or a political subdivision unless
the rule is required to comply with a federal law, a federal
regulation, a court order, or the terms of a federal grant or
Senate Tax and Fiscal Policy loan, provides for a fiscal analysis of administrative costs by 01/13/2011 - INTRODUCED.;01/13/2011 - To
Economic Impact Statement Act IN S 471 Leising (R) Limitation on Adoption of Agency Rules 1/13/11 Failed - Adjourned Committee the Office of Management and Budget. SENATE Committee on TAX and FISCAL POLICY.
01/24/2011 - INTRODUCED.;01/24/2011 - Passed
Resolution in Opposition to the EPA's Plan to Regulate GHG IN HR 13 Wolkins (R) New Regulations 1/24/11 Adopted HOUSE Opposes the new regulations proposed by the USEPA. HOUSE.
Opposes the numerous new regulations proposed by the
Resolution in Opposition to the EPA's Plan to Regulate GHG IN SR 39 Gard (R) New Regulations 3/10/11 Adopted Adopted United States Environmental Protection Agency. 04/21/2011 - Passed SENATE.
Opposes the Environmental Protection Agency's regulatory
Resolution in Opposition to the EPA's Plan to Regulate GHG KS HR 6008 Energy and Utilities Cmt Environmental Regulation Opposition 1/26/11 Adopted Adopted train wreck. 03/28/2011 - Passed HOUSE.
Urges Congress to pass legislation to prohibit us EPA from
regulating greenhouse gas emissions, impose a moratorium
on nonemergency air quality regulations, and require a study
House Appropriations & of the economic impact of us EPA's current and planned 03/01/2011 - Recommitted to HOUSE Committee on
Resolution in Opposition to the EPA's Plan to Regulate GHG KY HCR 126 Gooch (D) Legislative Resolution 2/14/11 Failed - Adjourned Revenue Committee regulatory actions. APPROPRIATIONS AND REVENUE.
Urges Congress to adopt legislation prohibiting EPA from
regulating greenhouse gas emissions, urges Congress to
impose a moratorium on promulgation of any new air quality
regulations by EPA, except to directly address an imminent
health or environmental emergency, urges Congress to
require a study by the EPA and other agencies providing an 03/03/2011 - Read second time. To Committee on
objective cost-benefit analysis of EPA's current and planned RULES.;03/03/2011 - Posted for passage in Consent
Resolution in Opposition to the EPA's Plan to Regulate GHG KY SR 116 Smith B (R) Legislative Resolution 2/11/11 Adopted Adopted regulation. Orders of the Day.;03/03/2011 - Passed SENATE.
Establishes the Science Advisory Board to render scientific
assessment, risk-based analysis and consensus advice upon
questions of science posed by the Governor or a joint 05/10/2011 - HOUSE adopts Majority Committee
standing committee of the Legislature and to assist Report: Ought not to pass.;05/10/2011 - SENATE
Legislators in analyzing scientific evidence in support of or adopts Majority Committee Report: Ought not to
State Science Advisory Board Act ME S 299 Sherman (R) Science Advisory Board 3/7/11 Failed Died opposition to legislation. pass.
Establishes a property value guarantee program to ensure
that a landowner whose real property is located within 3 miles
of the base of a wind tower is compensated for any reduction
in property value resulting from the proximity of the wind
tower. The wind energy development owner or operator is
required to notify landowners within the 3 mile radius of a 05/10/2011 - HOUSE adopts Majority Committee
planned wind tower of the property value guarantee program. Report: Ought not to pass.;05/10/2011 - SENATE
Landowners may choose to enter into the agreement with the adopts Majority Committee Report: Ought not to
Property Investment Protection Act ME H 776 Dunphy (R) Citizens Property Rights and Values 3/9/11 Failed - Adjourned Died wind energy development owner. pass.
Provides that the State shall withdraw from the regional

greenhouse gas initiative when a sufficient number of other
independent system operator participating states have
withdrawn such that the total carbon dioxide emissions budget
for the calendar year 2009, as specified in the Memorandum
of Understanding, of the remaining other independent system 06/09/2011 - Signed by GOVERNOR.;06/09/2011 -
State Withdrawal from Regional Climate Initiatives ME S 231 Saviello (R) Regional Greenhouse Gas Initiative Withdrawal 2/28/11 Enacted Chaptered operator participating states is less than 35,000,000 tons. Public Law No. 2011-277
Memorializes the U.S. Congress to take immediate steps to
impose a moratorium on greenhouse gas, air quality, and 02/24/2011 - In SENATE. Committee substitute
other regulatory actions by the Environmental Protection adopted on SENATE floor. (S-1);02/24/2011 - In
Resolution in Opposition to the EPA's Plan to Regulate GHG MI SR 10 Casperson (R) Environmental Protection Agency 2/8/11 Adopted Adopted Agency. SENATE. Passed SENATE.
Memorializes the U.S. Congress to take immediate steps tom
impose a moratorium on greenhouse gas, air quality, and
other regulatory actions by the Environmental Protection
Resolution in Opposition to the EPA's Plan to Regulate GHG MI HR 19 Nesbitt (R) Environmental Protection Agency 2/8/11 Adopted Adopted Agency. 03/02/2011 - In HOUSE. Passed HOUSE.
Memorializes the U.S. Congress to take immediate steps to
impose a moratorium on greenhouse gas, air quality, and
other regulatory actions by the Environmental Protection
Resolution in Opposition to the EPA's Plan to Regulate GHG MI SCR 6 Green M (R) Environmental Protection Agency 2/8/11 Adopted Adopted Agency. 05/24/2011 - In HOUSE. Passed HOUSE.
EEA Roundup 7/21/11
02/04/2011 - INTRODUCED.;02/04/2011 - To
Senate Environment and Relates to environment, repeals state goals for greenhouse SENATE Committee on ENVIRONMENT AND
State Withdrawal from Regional Climate Initiatives MN S 235 Jungbauer (R) Environment 2/4/11 Pending - Carryover Natural Resources Committee gas emission reductions. NATURAL RESOURCES.
02/10/2011 - INTRODUCED.;02/10/2011 - To
Senate Environment and Relates to environment, eliminates greenhouse gas emissions SENATE Committee on ENVIRONMENT AND
State Withdrawal from Regional Climate Initiatives MN S 293 Jungbauer (R) Environment 2/10/11 Pending - Carryover Natural Resources Committee control. NATURAL RESOURCES.
Senate Energy, Utilities and Memorializes the United States Congress regarding the 02/11/2011 - INTRODUCED.;02/11/2011 - To
Telecommunications unauthorized and unscientific regulation of carbon dioxide SENATE Committee on ENERGY, UTILITIES AND
Resolution in Opposition to the EPA's Plan to Regulate GHG MN S 322 Jungbauer (R) Environmental Protection Agency 2/11/11 Pending - Carryover Committee emissions by the Environmental Protection Agency. TELECOMMUNICATIONS.
House Environment, Energy 02/14/2011 - INTRODUCED.;02/14/2011 - To HOUSE

and Natural Resources Policy Relates to environment, eliminates greenhouse gas emissions Committee on ENVIRONMENT, ENERGY AND
State Withdrawal from Regional Climate Initiatives MN H 509 Beard (R) Environment 2/14/11 Pending - Carryover and Finance Committee control. NATURAL RESOURCES POLICY AND FINANCE.
Senate Rules, Joint Rules,
Resolutions and Ethics Urges Congress to prohibit the Environmental Protection 04/04/2011 - To SENATE Committee on RULES,
Resolution in Opposition to the EPA's Plan to Regulate GHG MO SCR 13 Lembke (R) Greenhouse Gas Emissions 3/31/11 Failed - Adjourned Committee Agency from regulating greenhouse gas emissions. JOINT RULES, RESOLUTIONS AND ETHICS.
Urges the United States Congress to prohibit the

Environmental Protection Agency from regulating greenhouse
Resolution in Opposition to the EPA's Plan to Regulate GHG MO HCR 42 Funderburk (R) Greenhouse Gas Emissions 3/2/11 Adopted Adopted gas emissions or to take action on climate change. 05/11/2011 - Passed SENATE.
Creates the Mississippi Small Business Regulatory Flexibility
Act, makes legislative findings, defines certain terms as used
in the act, establishes a small business regulatory review
committee, improves state rulemaking by creating procedures
to analyze the economic impact on and availability of more
Economic Impact Statement Act MS S 2824 McDaniel (R) Small Business Regulatory Flexibility 1/17/11 Failed Died flexible approaches for small business. 02/01/2011 - Died in committee.
Concerns the resolution opposing the Clean Waters
Resolution to Retain State Sovereignty over Intrastate Water Restoration Act and Navigable Rivers, relates to federal 01/06/2011 - Draft ready for delivery.;01/06/2011 -
Resources MT D 1355 Office of Brenden Clean Waters Restoration Act and Navigable Rivers 12/5/10 Failed - Adjourned Draft government, relates to water. Draft delivered to Requester.
Provides state eminent domain authority for federal lands,
State Eminent Domain Authority for Federal Lands MT D 1047 Warburton (R) State Eminent Domain Authority for Federal Lands 12/1/10 Failed - Adjourned Draft relates to state government, relates to federal government. 02/01/2011 - Assigned SENATE Bill No. 254.
Urges Montana's governor to withdraw the state from the
Western Climate Initiative, relates to carbon reduction
State Withdrawal from Regional Climate Initiatives MT D 1046 Warburton (R) Western Climate Initiative 12/1/10 Failed - Adjourned Draft mandates and cap-and-trade policies. 02/09/2011 - Draft cancelled.
Provides state sovereignty through local coordination, relates 02/12/2011 - Draft delivered to Requester.;02/14/2011
State Sovereignty Through Local Coordination Act MT D 937 Wagner (R) State Sovereignty Through Local Coordination 11/22/10 Failed - Adjourned Draft to state government, relates to federal government. - Assigned HOUSE JOINT RESOLUTION No. 14.
Concerns the generally revise property laws, relates to 02/24/2011 - Missed Deadline for General Bill
Regulatory Costs Fairness Act MT D 1934 Office of Senator Jason Priest Property Laws 1/3/11 Failed SENATE property. Transmittal.
Concerns the resolution urging Congress to prevent
Environmental Protection Agency from regulating greenhouse 03/03/2011 - Assigned SENATE JOINT
Resolution in Opposition to the EPA's Plan to Regulate GHG MT D 1905 Office of Senator Jason Priest Greenhouse Gases and Environmental Protection Agency 12/31/10 Failed - Adjourned Draft gases, relates to environmental protection. RESOLUTION No. 10.
Concerns the resolution opposing designation of national
Resolution on Local Jurisdiction Consent of National monuments without state's consent, relates to federal
Monument Designation MT HJR 4 Peterson K (R) Designation of National Monuments 12/30/10 1/3/11 Adopted Adopted government. 03/05/2011 - Passed SENATE.
Concerns the resolution urging Congress to prevent
Resolution in Opposition to the EPA's Plan to Regulate GHG MT SJR 10 Priest (R) Greenhouse Gases 1/28/11 Adopted Adopted gases, relates to environmental protection. 04/01/2011 - Passed HOUSE.
Concerns the resolution opposing clean Waters restoration
Resolution to Retain State Sovereignty over Intrastate Water act and navigable Rivers, relates to water, relates to federal
Resources MT SJR 7 Brenden (R) Clean Waters Restoration Act and Navigable Waters 1/7/11 Adopted Adopted government. 04/02/2011 - Passed HOUSE.
Provides state eminent domain authority for federal lands,
State Eminent Domain Authority for Federal Lands MT S 254 Hutton (R) State Eminent Domain Authority for Federal Lands 2/1/11 Vetoed Vetoed by Governor relates to state government, relates to federal government. 04/13/2011 - Vetoed by GOVERNOR.
Provides for economic impact statements on Fish, Wildlife and
Parks seasonal rules, relates to administrative rules, revision
Economic Impact Statement Act MT S 134 Olson A (R) Economic Impact Statements and Wildlife 1/7/11 Failed Died or repeal. 04/28/2011 - Died in committee.
12/27/2010 - Draft in Assembly/Executive Director
Concerns the resolution opposing designation of national review.;12/28/2010 - Pre-Introduction letter
Resolution on Local Jurisdiction Consent of National monuments without state's consent, relates to federal sent.;12/30/2010 - Assigned HOUSE JOINT
Monument Designation MT D 561 Peterson K (R) Designation of National Monuments 10/28/10 Failed - Adjourned Draft government. RESOLUTION No. 4.
House Commerce and Job 04/20/2011 - IN HOUSE Committee on COMMERCE
Development Subcommittee Promotes North Carolina job growth through regulatory and JOB DEVELOPMENT. Assigned to BUSINESS
Economic Impact Statement Act NC H 587 Bradley (R) Job Growth and Regulatory Reform 4/4/11 4/5/11 Pending on Business and Labor reform. and LABOR Subcommitee.
Requires economic impact statements on all bills that propose
Senate Commerce regulatory changes, similar to the fiscal notes that agencies 06/10/2011 - To SENATE Committee on
Economic Impact Statement Act NC H 237 Dollar (R) Economic Impact Statements 3/3/11 3/7/11 Pending Committee must prepare during rule making. COMMERCE.
Resolution to Retain State Sovereignty over Hydraulic Urges Congress to clearly delegate responsibility for the
Fracturing ND HCR 3008 DeKrey (R) Clearly Delegate Responsibility for the Regulation of H 1/17/11 Adopted Chaptered regulation of hydraulic fracturing to the States. 07/07/2011 - Chapter Number 528
Urges Congress to adopt legislation prohibiting the
Environmental Protection Agency by any means necessary
from regulating greenhouse emissions, including, if necessary,
defunding Environmental Protection Agency greenhouse gas
regulatory activities, imposes a moratorium on adoption on
any new air quality regulations by the Environmental
Protection Agency by any means necessary, except those
directly addressing an imminent health or environmental
Resolution in Opposition to the EPA's Plan to Regulate GHG ND HCR 3028 Headland (R) Environmental Protection Agency 1/28/11 Adopted Chaptered emergency, for a period of at least two years. 07/07/2011 - Chapter Number 541
State Withdrawal from Regional Climate Initiative NH LSR 475 Kurk (R) Regional Greenhouse Gas Initiative 11/29/10 Pending - Carryover Filed Repeals the Regional Greenhouse Gas Initiative. 01/24/2011 - Assigned Bill Number: H 519
06/08/2011 - HOUSE refused to concur in SENATE
amendments. CONFERENCE Committee
requested.;06/08/2011 - *****To CONFERENCE
Committee.;06/08/2011 - SENATE accedes to
Repeals New Hampshire's Regional Greenhouse Gas HOUSE request for CONFERENCE
Initiative Cap and Trade Program for controlling carbon Committee.;06/08/2011 - *****To CONFERENCE
State Withdrawal from Regional Climate Initiatives NH H 519 Barry D (R) Greenhouse Gas Initiative Cap and Trade Program 1/24/11 Pending - Carryover Concurrence dioxide emissions. Committee.
Amends the Comprehensive Shoreland Protection Act,
including changing the name to the Shoreland Water Quality
Protection Act, repeals the state's regional greenhouse gas
initiative cap and trade program for controlling carbon dioxide
emissions, clarifies how the moneys in the greenhouse gas Regional_
State Withdrawal from Regional Climate Initiatives NH S 154 Bradley (R) Comprehensive Shoreland Protection Act 2/3/11 Vetoed Vetoed by Governor emissions reduction fund may be used. 07/06/2011 - Vetoed by GOVERNOR. Initiative
Withdrawn from further
State Withdrawal from Regional Climate Initiatives NH LSR 862 Mirski (R) Greenhouse Gas Initiative 12/7/10 Failed consideration Repeals the Regional Greenhouse Gas Initiative. 12/08/2010 - Withdrawn from further consideration.
Withdrawn from further Repeals certain tax and fee increases and the regional
State Withdrawal from Regional Climate Initiatives NH LSR 273 Bergevin (R) Tax and Fee Increases 11/18/10 Failed consideration greenhouse gas initiative. 12/16/2010 - Withdrawn from further consideration.
Relates to the regional greenhouse gas initiative and
Withdrawn from further repealing a cap-and-trade program for controlling carbon
State Withdrawal from Regional Climate Initiatives NH LSR 379 Vita L (R) Regional Greenhouse Gas Initiative 11/22/10 Failed consideration dioxide. 12/16/2010 - Withdrawn from further consideration.
Withdrawn from further Urges the Environmental Protection Agency to rescind or
Resolution in Opposition to the EPA's Plan to Regulate GHG NH LSR 858 Groen (R) Greenhouse Gas Tailoring Rule 12/7/10 Failed consideration amend the Title V Greenhouse Gas Tailoring Rule. 12/27/2010 - Withdrawn from further consideration.
09/13/2010 - INTRODUCED.;09/13/2010 - To
Assembly Environment and Repeals Global Warming Response Act and related sections ASSEMBLY Committee on ENVIRONMENT AND
State Withdrawal from Regional Climate Initiatives NJ A 3147 Carroll (R) Global Warming Response Act 7/12/10 9/13/10 Pending Solid Waste Committee of Regional Greenhouse Gas Initiative implementing law. SOLID WASTE.
EEA Roundup 7/21/11
09/13/2010 - INTRODUCED.;09/13/2010 - To
Senate Environment and Repeals Global Warming Response Act and related sections SENATE Committee on ENVIRONMENT AND
State Withdrawal from Regional Climate Initiatives NJ S 2250 Doherty (R) Global Warming Response Act Repeal 8/23/10 9/13/10 Pending Energy Committee of Regional Greenhouse Gas Initiative implementing law. ENERGY.
01/20/2011 - To SENATE Committee on
Relates to state rules, enacts a new section of the state rules CONSERVATION.;01/20/2011 - To SENATE
Senate Conservation act to repeal the effectiveness of certain rules, declares an Committee on CORPORATIONS AND
State Withdrawal from Regional Climate Initiatives NM S 190 Leavell (R) State Rules 1/20/11 Failed - Adjourned Committee emergency. TRANSPORTATION.
01/27/2011 - To HOUSE Committee on CONSUMER
AND PUBLIC AFFAIRS.;01/27/2011 - To HOUSE
House Consumer and Public Relates to withdraw New Mexico from Western Climate Committee on ENERGY AND NATURAL
State Withdrawal from Regional Climate Initiatives NM HJM 24 Lewis (R) Western Climate Initiative 1/27/11 Failed - Adjourned Affairs Committee Initiative. RESOURCES.
Relates to agriculture, enacts the Agriculture Protection Act, 01/31/2011 - To HOUSE Committee on
provides for review of economic impacts of agriculture rules, AGRICULTURE AND WATER
House Agriculture and Water allows investigations of agriculture adjudications and RESOURCES.;01/31/2011 - To HOUSE Committee
Economic Impact Statement Act NM H 276 Nunez (D) Agriculture Rules 1/31/11 Failed - Adjourned Resources Committee complaints. on JUDICIARY. Misc
Relates to condemnation, enacts a new section of the 02/01/2011 - From HOUSE Committee on HEALTH
Eminent Domain Code to provide for condemnation of Federal AND GOVERNMENT AFFAIRS: Without
State Eminent Domain Authority for Federal Lands NM H 45 Bandy (R) Condemnation and Eminent Domain 1/10/11 1/18/11 Failed - Adjourned House Judiciary Committee property. recommendation.
Requests the president of the united states to consult with 03/13/2011 - From HOUSE Committee on
Resolution on Local Jurisdiction Consent of National state and local interests, tribes and other interested parties CONSUMER AND PUBLIC AFFAIRS: Do pass as
Monument Designation NM HM 3 Herrell (R) Monument Designation Jurisdiction Consent 1/20/11 Adopted Adopted when designating national monuments. substituted.;03/13/2011 - Passed HOUSE.
Provides for the establishment of a state eminent domain
ombudsman and provides for the powers and duties thereof,
assists in the development of guidelines and analyzes actions
Assembly Judiciary with potential eminent domain implications, provides 01/19/2011 - INTRODUCED.;01/19/2011 - To
Ombudsman Act NY A 2525 Jeffries (D) Establishment of a State Eminent Domain Ombudsman 1/19/11 Pending Committee information to citizens regarding rights and responsibilities. ASSEMBLY Committee on JUDICIARY.
Creates the real property regulatory impacts act, provides that
the owner of any real property may bring an action against the
state whenever the application of any state statute, rule or
Assembly Judiciary regulation to such property causes a diminution in value of 01/19/2011 - To ASSEMBLY Committee on
Property Investment Protection Act NY A 2635 Fitzpatrick (R) Real Property Regulatory Impacts Act 1/19/11 Pending Committee fifty percent or more. JUDICIARY.
Creates the crime of agri-bioterrorism to protect the
agricultural industry and preserve the integrity of the state's
food production industry and food supply chain, establishes
when a person is guilty of the crime of agri-bioterrorism, 01/20/2011 - INTRODUCED.;01/20/2011 - To
Animal and Ecological Terrorism Act NY A 2786 Crouch (R) Crime of Agri-Bioterrorism 1/20/11 Pending Assembly Codes Committee makes agri-bioterrorism a class B felony. ASSEMBLY Committee on CODES.
Urges Congress to take certain actions regarding the U.S. 05/26/2011 - From HOUSE Committee on
Bills for House Second Environmental Protection Agency's proposed regulations on AGRICULTURE AND NATURAL RESOURCES:
Resolution in Opposition to the EPA's Plan to Regulate GHG OH HCR 15 Balderson (R) Air Quality 5/5/11 Pending Consideration air quality and greehouse gas emissions. Recommended passage.
Calls on the United States Congress to prohibit certain
regulatory actions relating to greenhouse gases and air quality
requirements by the United States Environmental Protection
Resolution in Opposition to the EPA's Plan to Regulate GHG OK SCR 13 Bingman (R) Greenhouse Gases and Air Quality Requirements 4/13/11 Failed - Adjourned HOUSE Agency and requesting certain study. 04/20/2011 - Passed SENATE. *****To HOUSE.
Specifies content standards for environmental education,
Environmental Literacy Improvement Act OR H 2777 Thatcher (R) Environmental Education 1/11/11 Failed - Adjourned House Education Committee declares emergency, effective July 1, 2011. 01/21/2011 - To HOUSE Committee on EDUCATION.
House Energy, Environment 01/21/2011 - To HOUSE Committee on ENERGY,
State Withdrawal from Regional Climate Initiatives OR HJR 9 Thatcher (R) Western Climate Initiative 1/10/11 Failed - Adjourned and Water Committee Urges Governor to withdraw from Western Climate Initiative. ENVIRONMENT AND WATER.
Requires agencies to prepare economic impact statements for
rules related to energy and environmental issues, requires
agencies to give notice about and to receive certain data on
rules, prohibits agencies from filing adopted rules related to
energy and environmental issues with Secretary of State until
House Energy, Environment after adjournment sine die of regular session during which 01/21/2011 - To HOUSE Committee on ENERGY,
Climate Accountability Act OR H 2779 Thatcher (R) Agency Reporting Requirements 1/11/11 Failed - Adjourned and Water Committee rules were submitted for review. ENVIRONMENT AND WATER.
Authorizes state to condemn property possessed by federal
government unless property was acquired with consent of
Legislative Assembly and in accordance with Article I, section
State Eminent Domain Authority for Federal Lands OR H 2781 Thatcher (R) Eminent Domain 1/11/11 Failed - Adjourned House Judiciary Committee 8, clause 17 of United States Constitution. 01/21/2011 - To HOUSE Committee on JUDICIARY.
Senate Consumer Protection Provides for an economic and environmental impact study, 03/28/2011 - INTRODUCED.;03/28/2011 - To
and Professional Licensure relates to the impact greenhouse gas emissions standards SENATE Committee on CONSUMER PROTECTION
Economic Impact Statement Act PA S 849 Solobay (D) Economic and Environmental Impact Study 3/28/11 Pending Committee have an electric utility rates. AND PROFESSIONAL LICENSURE.
Urges the United States Department of the Interior and the
United States Environmental Protection Agency not to
House Environmental intervene in state permitting matters and from adopting 04/25/2011 - INTRODUCED.;04/25/2011 - To HOUSE
Resources and Energy regulations that unwisely reduce coal production, eliminate Committee on ENVIRONMENTAL RESOURCES
Resolution in Opposition to the EPA's Plan to Regulate GHG PA HR 233 Krieger (R) Coal Production and Mining Jobs 4/20/11 4/25/11 Pending Committee mining jobs and weaken the economy. AND ENERGY.
Urges the Environmental Protection Agency to stop its
unlawful application of the Guidance Memo relating to the
Federal Water Pollution Control Act, which is a substantive
change to the permitting procedure conferred on the states,
and restore the regulatory environment that existed prior to
Resolution in Opposition to the EPA's Plan to Regulate GHG PA HR 87 Pyle (R) Environmental Protection Agency Memorial 2/22/11 2/23/11 Adopted Adopted the release of the Guidance Memo. 05/03/2011 - Passed HOUSE.
Urging the United States Congress to prevent the 03/23/2011 - From SENATE Committee on NATURAL
Environmental Protection Agency from regulating greenhouse RESOURCES: Reported favorably.;03/23/2011 -
Resolution in Opposition to the EPA's Plan to Regulate GHG TX SCR 20 Fraser (R) Greenhouse Gas Regulation 2/23/11 Failed - Adjourned SENATE gases for stationary sources. Committee report printed and distributed.
Relates to the participation of this state in the Regional Air 04/18/2011 - Committee report printed and
Regional Air Quality Interstate Compact TX H 2545 Hancock (R) Regional Air Quality Compact 3/8/11 Failed - Adjourned HOUSE Quality Compact. distributed.
Resolution to Retain State Sovereignty over Intrastate Water Expressing opposition to federal regulation of intrastate water 04/19/2011 - Committee report printed and
Resources TX HCR 78 Price (R) Intrastate Water Resource Regulations 3/1/11 Failed - Adjourned HOUSE resources. distributed.
Resolution to Retain State Sovereignty over Intrastate Water Expressing opposition to federal regulation of intrastate water
Resources TX SCR 32 Seliger (R) Intrastate Water Resource Regulation 3/11/11 Failed - Adjourned HOUSE resources. 05/09/2011 - Passed SENATE. *****To HOUSE.
Urging the United States Congress to prevent the
Resolution in Opposition to the EPA's Plan to Regulate GHG TX HCR 66 Hancock (R) Stationary Source Greenhouse Gas Regulating 2/16/11 Failed - Adjourned SENATE gases for stationary sources. 05/20/2011 - Passed HOUSE. *****To SENATE.
Of the Legislature expresses opposition to the Environmental
Protection Agency's regulation of Greenhouse Gases without
Congressional approval, calls on Congress to adopt
legislation prohibiting the Environmental Protection Agency
(EPA) from regulating greenhouse gas (GHG) emissions 03/01/2011 - Passed SENATE. *****To HOUSE for
without Congressional approval including, if necessary, not concurrence.;03/02/2011 - HOUSE concurred in
Resolution in Opposition to the EPA's Plan to Regulate GHG UT HJR 19 Barrus (R) Regulation of Greenhouse Gases 2/1/11 Adopted Adopted funding EPA greenhouse gas regulatory activities. SENATE amendments.
Urges the United States Congress to address the proposed
regulations of the Environmental Protection Agency in regards
Resolution in Opposition to the EPA's Plan to Regulate GHG VA SR 29 Puckett (D) Greenhouse Gas Emissions 2/7/11 Failed Died to greenhouse gas emissions. 02/08/2011 - Left in committee.
Urges the United States Congress to address the proposed
regulations of the Environmental Protection Agency in regards 02/23/2011 - Engrossed by HOUSE.;02/23/2011 -
Resolution in Opposition to the EPA's Plan to Regulate GHG VA HR 72 Morefield (R) Greenhouse Gas Emissions 2/10/11 Adopted Adopted to greenhouse gas emissions. Passed HOUSE.
EEA Roundup 7/21/11
Concerns unappropriated public lands, provides that subject
to existing rights of the people, fee title to all public lands in
the state, all water on and below the surface of the land, and
all minerals not previously appropriated is vested in the state,
requires the Department of Natural Resources to conduct a
study of the public lands to determine which lands should be 04/26/2011 - 2011 FIRST SPECIAL SESSION
made available for disposition and retained by the state as ACTION.;04/26/2011 - By Order of Resolution -
Sagebrush Rebellion Act WA S 5001 Stevens (R) Unappropriated Public Lands 12/8/10 1/10/11 Pending - Carryover SENATE habitat for wildlife or for recreation, or other public purposes. Reintroduced and retained in present status.
Authorizes acquisition of federal property by eminent domain,
unless the property was acquired by the federal government 04/26/2011 - 2011 FIRST SPECIAL SESSION
with the consent of the legislature and in accordance with the ACTION.;04/26/2011 - By Order of Resolution -
State Eminent Domain Authority for Federal Lands WA S 5002 Stevens (R) Acquisition of Federal Property By Eminent Domain 12/8/10 1/10/11 Pending - Carryover SENATE United States Constitution. Reintroduced and retained in present status.
04/26/2011 - 2011 FIRST SPECIAL SESSION
Resolution in Opposition to the EPA's GHG Tailoring Rule and ACTION.;04/26/2011 - By Order of Resolution -
the Treatment of Biomass Energy WA HJM 4002 Orcutt (R) Biomass Combustion Emissions 1/13/11 Pending - Carryover HOUSE Concerns biomass combustion emissions. Reintroduced and retained in present status.
Requests the governor to withdraw the state from the Western ACTION.;04/26/2011 - By Order of Resolution -
State Withdrawal from Regional Climate Initiatives WA HJM 4003 Short (R) Legislative Resolution 1/13/11 Pending - Carryover HOUSE climate initiative. Reintroduced and retained in present status.
Withdraws the state from participation in the Western climate ACTION.;04/26/2011 - By Order of Resolution -
State Withdrawal from Regional Climate Initiatives WA S 5096 Delvin (R) Western Climate Initiative 1/13/11 Pending - Carryover SENATE initiative. Reintroduced and retained in present status.
Creates the Climate Change Accountability Act, requires any
climate expenditure intended to reduce greenhouse emission
to provide certain information before implementation and 04/26/2011 - 2011 FIRST SPECIAL SESSION
expenditure, requires the state to regularly audit any climate ACTION.;04/26/2011 - By Order of Resolution -
Climate Accountability Act WA H 1187 Hinkle (R) Climate Change Accountability Act 1/14/11 Pending - Carryover HOUSE expenditure contracts. Reintroduced and retained in present status.
ACTION.;04/26/2011 - By Order of Resolution -
Property Investment Protection Act WA S 5267 Swecker (R) Fairness in Government Regulation of Property 1/19/11 Pending - Carryover SENATE Provides fairness in government regulation of property. Reintroduced and retained in present status.
ACTION.;04/26/2011 - By Order of Resolution -
Economic Impact Statement Act WA H 1671 Overstreet (R) Regulatory Fairness Act 1/27/11 Pending - Carryover HOUSE Enacts the regulatory fairness act of 2011. Reintroduced and retained in present status.
Requires agencies to use peer-reviewed science before
taking any agency action related to environmental, natural 04/26/2011 - 2011 FIRST SPECIAL SESSION
Conditioning Regulation of Non-Pollutant Emissions on resources, access to and use of water, or land use ACTION.;04/26/2011 - By Order of Resolution -
Science Act WA S 5644 Delvin (R) Standards for the Use of Science 2/2/11 Pending - Carryover SENATE management. Reintroduced and retained in present status.
Relates to the authority of a state agency to promulgate rules 02/08/2011 - In SENATE. Report introduction and
interpreting the provisions of a statute enforced or adoption of Senate Substitute Amendment No. 1.
administered by the agency and to implement or enforce any Recommended by Committee.;02/08/2011 - From
standard, requirement, or threshold as a term or condition of a SENATE Committee on ECONOMIC
license issued by the state agency, gubernatorial approval of DEVELOPMENT AND VETERANS AND MILITARY
proposed administrative rules, economic impact analyses of AFFAIRS: Recommended as substituted. Substitute
Economic Impact Statement Act WI S 8 Organization Cmt State Agency Authority 1/19/11 Pending SENATE proposed rules and emergency rules. No. 1.;02/08/2011 - Available for Scheduling.
Relates to the authority of a state agency to promulgate rules
interpreting provisions of a statute enforced or administered
by the agency and to implement or enforce any standard,
requirement, or threshold as a term or condition of a license
issued by the state agency, provides for gubernatorial
approval of proposed administrative rules, economic impact
analyses of proposed and emergency rules, legislative review
and venue in an action in which the sole defendant is the 05/23/2011 - Signed by GOVERNOR.;05/23/2011 -
Economic Impact Statement Act WI A 8 Assembly Organization Cmt State Agency Authority 1/18/11 Enacted Chaptered state. Act No. 2011-21
Senate Energy, Industry and Urges the Environmental Protection Agency change course 02/15/2011 - To SENATE Committee on ENERGY,
Resolution in Opposition to the EPA's Plan to Regulate GHG WV SCR 31 Hall M (R) Environmental Protection Agency 2/14/11 Failed - Adjourned Mining Committee and operate in good faith. INDUSTRY AND MINING.
Senate Energy, Industry and Urges members of West Virginia's Congressional delegation 03/11/2011 - To SENATE Committee on ENERGY,
Resolution in Opposition to the EPA's Plan to Regulate GHG WV SR 52 Hall M (R) EPA Regulations 3/10/11 Failed - Adjourned Mining Committee modify EPA regulations. INDUSTRY AND MINING.
02/07/2011 - From HOUSE Committee on
MINERALS, BUSINESS AND ECONOMIC
DEVELOPMENT: Do pass with
amendment.;02/09/2011 - Committee amendment
adopted on HOUSE floor.;02/10/2011 - Amended on
HOUSE floor.;02/11/2011 - Passed HOUSE. *****To
Requests Congress to limit air quality regulation by the United SENATE for concurrence.;02/14/2011 - SENATE
Resolution in Opposition to the EPA's Plan to Regulate GHG WY SJR 6 Bebout (R) Air Quality Regulation 1/11/11 Adopted Adopted States Environmental Protection Agency (EPA). concurred in HOUSE amendments.
Exhibit 186: GHG Regs
EEA Roundup 7/21/11
Category State Bill. No. Sponsor Title Prefiled Intro. Date Disposition Location Summary Status
Requires notification to the Department of Defense of a proposed energy
facility project. Increases the percentage of electricity generated from
renewable sources by specified dates. Specifies the duties of the Public Utility
Commission related to energy sales by electric corporations. Relates to the
renewables portfolio standards requirements, and utility costs in meeting the
requirements. Requires a standards requirement verification system. Relates 04/12/2011 - Signed by GOVERNOR.;04/12/2011 - Chaptered by
RPS CA S 2 Simitian (D) Energy: Renewable Energy Resources 2/1/11 Enacted Chaptered to requirements of the ISO. Secretary of State. Chapter No. 1
Amends the Global Warming Solutions Act. Requires the Air Resources Board
to establish a program to maximize regional greenhouse gas emission
reduction and sequestration projects. Requires the board to create a system
by which emission reductions achieved by projects under the program result
Assembly in the creation of qualified units of exchange that may be transferred to
Appropriations entities subject to an emissions cap adopted pursuant to the act for 05/11/2011 - In ASSEMBLY. Read second time and amended. Re-
Misc CA A 1285 Fuentes (D) Regional Greenhouse Gas Emission Reduction Program 2/18/11 Pending Committee compliance towards that cap. referred to Committee on APPROPRIATIONS.
Relates to the Renewables Portfolio Standard Program (RPS program) and

the Renewable Energy Resources Program. Relates to hydroelectric
Assembly generating facilities in British Columbia. Relates to the Energy Commission
Appropriationsrequirement to adopt regulations specifying procedures for enforcement of the
Committee - RPS. Relates to the Public Utilities Commission requirement to determine the
08/17/2011 effective load carrying capacity of wind and solar energy resources on the 07/06/2011 - From ASSEMBLY Committee on NATURAL RESOURCES:
RPS CA S 23 Simitian (D) Energy: Renewable Energy Resources 12/6/10 Pending 9:00 am electrical grid. Extends the compliance date of both requirements. Do pass to Committee on APPROPRIATIONS. RPS
Requires the Department of Motor Vehicles to refuse registration for any
commercial vehicle subject to registration that is of a 1996 or older model
Senate year with a specified gross weight, except for any construction truck that is
Appropriations subject to an extension pursuant to specified regulations. Provides an
Committee - exemption for a commercial motor vehicle registered in the state prior to a
08/15/2011 specified date, if the vehicle is continuously registered, or is certified 07/12/2011 - In SENATE. Read second time and amended. Re-referred to
Mobile_Emissions CA A 1099 Lowenthal B (D) Commercial Motor Vehicles: Emissions Standards 2/18/11 Pending 10:00 am nonoperational after that specified date. Committee on APPROPRIATIONS.
Assembly Relates to the Public Utilities Commission and the Renewables Portfolio
Appropriations Standard Program. Requires the commission to release to the Legislature the
Committee - costs of all electricity procurement contracts for eligible renewable energy 07/13/2011 - From ASSEMBLY Committee on APPROPRIATIONS with
08/17/2011 resources and all costs for utility-owned generation approved by the author's amendments.;07/13/2011 - In ASSEMBLY. Read second time
RPS CA S 836 Padilla (D) Renewable Energy Resources: Cost Reporting 2/18/11 Pending 9:00 am commission. and amended. Re-referred to Committee on APPROPRIATIONS.
Concerns greenhouse gases produced by residential, state and municipal
Stationary_Emissions CT H 5375 Backer (D) Greenhouse Gases Produced 1/18/11 Failed Died buildings, reduces lost energy from Older homes and buildings. 03/25/2011 - Failed Joint Favorable deadline.
Requires the use of fuel additives in diesel fuel sold for the operation of motor
vehicles or power plants, helps reduce emissions and improve mileage by
requiring the introduction of a registered fuel additive into any diesel fuel sold
in this State for use in motor vehicles, and to help reduce emissions from
Mobile_Emissions CT S 749 Guglielmo (R) Use of Fuel Additives in Diesel Fuel 1/24/11 Failed Died power plants. 03/25/2011 - Failed Joint Favorable deadline.
Relates to renewable energy portfolio standards, allows the energy output
from fuel cells manufactured in the state that run on renewable fuels to be an
eligible resource to fulfill a portion of the requirements for a Commission-
regulated utility, provides that any supplier contracts in place are
grandfathered through the transition, relates to output, relates to tariff
provisions and collection of charges on behalf of a Qualified Fuel Cell
RPS DE S 124 DeLuca (D) Energy Portfolios and Fuel Cells 6/14/11 Enacted Chaptered Provider Project. 07/07/2011 - Chapter Number 99
Relates to renewable energy, requires each electric utility in the state to
collect from residential, commercial and industrial customers a monthly
systems charge, requires the electric utilities to deposit collected funds into
the Sustainable and Renewable Energy Policy Trust Fund, creates a direct
support organization for the Energy and Climate Commission, relates to
purchase contracts, cost recovery rates for clean energy projects and the 05/07/2011 - In SENATE. Indefinitely postponed and withdrawn from
Misc FL S 282 Bennett (R) Renewable Energy 12/17/10 3/8/11 Failed Died Solar Energy System Incentives Program expiration date. consideration.;05/07/2011 - In SENATE. Died in committee. Renewables tax and trust fund
Creates the Sustainable and Renewable Energy Policy Trust Fund within the
Florida Energy and Climate Commission to receive the monthly service
charge from residential, commercial and industrial consumers and to support
the activities of the direct-support organization of the commission relating to
sustainable and renewable energy projects in this state, provides that any
balance shall remain in the trust fund, provides that before its scheduled 05/07/2011 - In SENATE. Indefinitely postponed and withdrawn from
Misc FL S 284 Bennett (R) Sustainable and Renewable Energy Policy Trust Fund 12/17/10 3/8/11 Failed Died termination, the trust fund shall be reviewed. consideration.;05/07/2011 - In SENATE. Died in committee. Renewables tax and trust fund
House Energy
and Requires motor vehicle fuel sold in the State to contain no less than 15%
Environmental biofuel that is produced in the State from agricultural products grown or
Pending - Protection sourced in the State, amends the definition of biofuels to include ethanol and 01/24/2011 - To HOUSE Committee on ENERGY AND ENVIRONMENTAL
Mobile_Emissions HI H 330 Keith-Agaran (D) Biofuel 1/21/11 Carryover Committee biodiesel. PROTECTION.
House Energy
and Prohibits the construction or operation of any new electricity generating facility
Environmental using fossil fuel, except under extraordinary circumstances, as determined by
Pending - Protection the PUC, or when the electric generation unit has rated capacity of less than 2 01/24/2011 - To HOUSE Committee on ENERGY AND ENVIRONMENTAL
Stationary_Emissions HI H 477 Ward (R) Fossil Fuels 1/21/11 Carryover Committee megawatts and is used primarily to serve a facility's own internal operation. PROTECTION.
Restricts any new construction of or expansion of existing fossil-fueled,
electricity-generating facilities unless the electric utility company can 02/14/2011 - From SENATE Committee on ENERGY AND
Senate Energy demonstrate compliance with the renewable energy portfolio standards, ENVIRONMENT: Do pass as amended.;02/14/2011 - In SENATE. Read
and exempts any retrofit or replacement for the purposes of improved efficiency or second time. Committee amendment adopted. Senate Draft
Pending - Environment to lower greenhouse gas emissions, provides an exemption if an emergency 1.;02/14/2011 - To SENATE Committee on COMMERCE AND
RPS HI S 188 Gabbard (D) Fossil Fuels 1/21/11 Carryover Committee is declared. CONSUMER PROTECTION.
Establishes specific performance standards and mandates the use of cool
Pending - roofs on all new residential and commercial construction in Hawaii beginning
Stationary_Emissions HI S 1365 Gabbard (D) Energy 1/25/11 Carryover SENATE in 2012. 02/24/2011 - In Committee: Measure Deferred.
Relates to biofuel, directs the energy resources coordinator to conduct a
study and issue a preliminary and a final report on the conditions and policies
necessary to expand biofuel production in the state to displace a significant
Mobile_Emissions HI S 146 Dela Cruz (D) Biofuel 1/21/11 Enacted Chaptered amount of petroleum-based liquid fuel. 07/08/2011 - Signed by GOVERNOR.;07/11/2011 - Act No. 203
Relates to the Carbon Dioxide Transportation and Sequestration Act, provides
for a certificate of authority to construct and operate a carbon dioxide pipeline,
relates to an owner or operator of a pipeline used to sequester carbon dioxide
produced by a clean coal facility, clean coal SNG facility, and other sources,
Eligible for requires construction and maintenance of pipelines in a manner that poses no 05/27/2011 - SENATE concurred in HOUSE Amendment No. 1 &
Sequestration IL S 1821 Sullivan J (D) Carbon Dioxide Transportation and Sequestration 2/9/11 To Governor Governor risk to employees or the public. 2.;05/27/2011 - Passed Both Houses.
EEA Roundup 7/21/11
Relates to economic development, directs the Energy and Environment
Cabinet to seek projects demonstrating injection of carbon dioxide into
geologic storage, provides a process for pooling of pore space necessary to
create underground carbon storage reservoirs, create a process whereby
ownership of and liability for stored carbon dioxide will pass to the federal or
state government, provides for reservoirs that cross state lines, authorizes the
Sequestration KY H 259 Yonts (D) Carbon Dioxide Geologic Storage 2/1/11 Enacted Chaptered divisions to seek primary jurisdiction and authority. 04/01/2011 - Act No. 24
Requires the timely adoption of greenhouse gas emission limits for the year
Cap MA HD 852 Brownsberger (D) Timely Adoption of Greenhouse Gas Emission Limits 1/19/11 Pending HOUSE 2030. 01/19/2011 - Assigned HOUSE Bill No. 219
Proposes that the Efficiency Maine Trust, with input from stakeholders, shall
develop a plan to reduce Maine's dependence on oil, relates to energy
security, requires a cost and resource estimate for technology development,
includes targets for reducing total oil consumption that equal the maximum
economically achievable oil savings, provides that targets may not provide
less than a 30% overall reduction in oil consumption from 2009 levels by 2030 06/22/2011 - Became law without GOVERNOR'S signature.;06/22/2011 -
Misc ME H 436 Fitts (R) Oil Dependence and Energy Security 2/11/11 Enacted Chaptered and a 50% overall reduction from 2009 levels by 2050. Public Law No. 2011-400
04/20/2011 - Hearing conducted.;04/20/2011 - In HOUSE Committee on
Failed - RULES: Voted do pass.;04/20/2011 - From HOUSE Committee on
RPS MO H 613 Holsman (D) Renewable Energy 2/22/11 Adjourned HOUSE Re-establishes provisions relating to renewable energy technology. RULES: Reported do pass.
Creates the Geologic Sequestration of Carbon Dioxide Act, specifies duties
and powers of the Oil and Gas Board in respect to geologic sequestration of
carbon dioxide, requires board approval for use of a reservoir for carbon 03/08/2011 - Recommitted to SENATE Committee on OIL, GAS AND
Sequestration MS H 1098 Moss (D) Geologic Sequestration of Carbon Dioxide 1/17/11 Failed Died dioxide storage. OTHER MINERALS.;03/08/2011 - Died in committee.
Creates the Geologic Sequestration of Carbon Dioxide Act, specifies duties
and powers of the Oil and Gas Board, provides for approval for geologic
sequestration of carbon dioxide and the operation of a geologic sequestration
facility within a reservoir in the State, the regulation of the development of
such facilities and related pipelines, enforcement of the Safe Drinking Water
Act, conversion of certain enhanced oil or gas recovery operations, and
Sequestration MS S 2723 Dearing (D) Geologic Sequestration of Carbon Dioxide 1/17/11 Enacted Chaptered related matters, provides for sequestration fees. 05/09/2011 - Chapter No. 437
Failed -
RPS MT D 849 Phillips (D) Renewable Energy Portfolio Standard 11/19/10 Adjourned Draft Increases Montana renewable energy portfolio standard, relates to energy. 02/12/2011 - Assigned SENATE Bill No. 332. RPS
RPS MT D 72 Office of Gillan Renewable Energy Portfolio Standard 4/8/10 Failed SENATE Relates to increasing renewable energy portfolio standards. 02/24/2011 - Missed Deadline for General Bill Transmittal.
Increases Montana renewable energy portfolio standard, relates to rule
RPS MT S 332 Van Dyk (D) Montana Renewable Energy Portfolio Standard 2/12/11 Failed Died making, relates to energy. 04/28/2011 - Died in committee.
Changes to a mandate the current option that an electric public utility meet up
to twenty-five percent of its renewable energy and energy efficiency portfolio
standard (REPS) requirements through savings due to implementation of
House Public energy efficiency measures through calendar year 2020 and, beginning in
Utilities calendar year 2021, meet up to forty percent of its reps requirements through 04/07/2011 - INTRODUCED.;04/07/2011 - To HOUSE Committee on
RPS NC H 789 Glazier (D) Electric Public Utility Regulations 4/6/11 4/7/11 Pending Committee savings due to implementation of energy efficiency measures. PUBLIC UTILITIES.
Requires an electric public utility to meet twenty-five percent and no more of
its renewable energy and energy efficiency portfolio standard (REPS)
requirements through savings due to implementation of energy efficiency
Senate measures through calendar year 2020 and, beginning in calendar year 2021,
Commerce meet forty percent and no more of its reps requirements through savings due 04/20/2011 - INTRODUCED.;04/20/2011 - To SENATE Committee on
RPS NC S 695 Stein (D) Electric Public Utilities and Renewable Energy 4/19/11 4/20/11 Pending Committee to implementation of energy efficiency measures. COMMERCE.
Pending -
RPS NH LSR 825 Garrity J (R) Renewable Energy Portfolios 12/7/10 Carryover Filed Relates to renewable energy portfolios. 01/06/2011 - Assigned Bill Number: H 302 RPS
Withdrawn from
further
Cap NH LSR 672 Cali-Pitts (D) Greenhouse Gas Initiative Program 12/6/10 Failed consideration Relates to the Regional Greenhouse Gas Initiative program. 12/28/2010 - Withdrawn from further consideration. GHG cap
Urges continued NJ participation in Regional Greenhouse Gas Initiative
Cap NJ AR 175 Chivukula (D) Regional Greenhouse Gas Initiative 6/29/11 Pending ASSEMBLY because of its importance to national security and energy independence. 06/29/2011 - FILED.
Declares Governor's withdrawal of NJ from Regional Greenhouse Gas
Initiative to be inconsistent with legislative intent, affirms support for and
Cap NJ SCR 164 Greenstein (D) Regional Greenhouse Gas Initiative 6/9/11 6/13/11 Adopted Adopted commitment to the Initiative. 06/29/2011 - Substituted for;06/29/2011 - Passed ASSEMBLY.
Clarifies the intent of a public law passed in 2007 that required the State's
participation in the Regional Greenhouse Gas Initiative which created an
emissions auction and trading mechanism to reduce the level of greenhouse
gas emissions, provides the passed law clearly recognizes state's
participation in the initiative and created the Global Warming Solutions Fund,
and dedicated all funds from the greenhouse emission allowance trading 06/29/2011 - Substituted for;06/29/2011 - Passed ASSEMBLY.;06/29/2011 -
Cap NJ S 2946 Sweeney (D) Regional Greenhouse Gas Initiative 6/9/11 6/13/11 To Governor To Governor program to the fund. *****To GOVERNOR.
Requires the Board of Public Utilities and the Commissioner of Community
Senate Affairs to establish minimum energy efficiency standards for bottle type water Minimum
Environment dispensers, commercial hot food holding cabinets, and natural gas- and Energy
and Energy propane-fired residential furnaces sold, offered for sale, or installed in the 12/09/2010 - INTRODUCED.;12/09/2010 - To SENATE Committee on Efficiency
Energy_Efficiency NJ S 2528 Greenstein (D) Minimum Product Energy Efficiency Standard 12/6/10 12/9/10 Pending Committee state. ENVIRONMENT AND ENERGY. Standard
Failed - Bill Draft Creates a Renewable Energy Portfolio standard for municipal utilities and
RPS NV BDR 145 Bobzien (D) Renewable Energy Portfolio 7/1/10 Adjourned Request utility cooperatives. 07/01/2010 - FILED.
Assembly
Environmental Directs the commissioner of environmental conservation to establish rules
Conservation and regulations to reduce significantly high levels of global warming 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY Committee on
Misc NY A 1266 Ortiz (D) Global Warming Emissions 1/5/11 Pending Committee emissions. ENVIRONMENTAL CONSERVATION.
Relates to a pilot program to enable the capture and storage of carbon
Assembly dioxide, establishes the carbon capture and sequestration act, applies only to
Environmental a municipally-owned electric generating facility that has submitted a complete
Conservation application to the department of environmental conservation by December 31, 01/24/2011 - INTRODUCED.;01/24/2011 - To ASSEMBLY Committee on
Sequestration NY A 3182 Schroeder (D) Program to Enable the Capture of Carbon Dioxide 1/24/11 Pending Committee 2010. ENVIRONMENTAL CONSERVATION.
Relates to carbon sequestration, removes references to improved agricultural
practices in provisions declaring legislative intent relating to carbon
sequestration, abolishes the Carbon Sequestration Advisory Committee,
transfers certain duties to the Oklahoma Conservation Commission, makes
changes concerning carbon sequestration certification, clarifies the ownership
of pore space, provides for an assessment of public lands for sequestration
Sequestration OK S 629 Jolley (R) Carbon Sequestration 1/27/11 2/7/11 Enacted Chaptered potential. 05/18/2011 - Chapter No. 264
EEA Roundup 7/21/11
House
Transportation
and Economic Establishes certain requirements related to carbon dioxide emissions that
Failed - Development must be met before applicant seeking to construct liquefied natural gas 01/21/2011 - To HOUSE Committee on TRANSPORTATION AND
Stationary_Emissions OR H 2267 Boone (D) Greenhouse Gas Emissions 1/11/11 Adjourned Committee terminal may be issued specified permits and authorizations. ECONOMIC DEVELOPMENT.
Requires contracting agency to give preference to bidder or proposer that
releases smaller total amount of atmospheric carbon dioxide, methane and
House ozone during or as result of manufacturing, transporting and disposing of
Transportation goods or while providing services that are subject of procurement, requires
and Economic Oregon Department of Administrative Services, in consultation with Attorney
Failed - Development General and Department of Transportation, to evaluate and select system that 02/07/2011 - To HOUSE Committee on TRANSPORTATION AND
Misc OR H 3079 Hunt (D) Public Procurement 2/1/11 Adjourned Committee contracting agency may use to estimate or calculate. ECONOMIC DEVELOPMENT.
Joint 03/09/2011 - From SENATE Committee on ENVIRONMENT AND
Committee on Requires Environmental Quality Commission to establish greenhouse gas NATURAL RESOURCES: Do pass with amendment.;03/09/2011 - Printed
Failed - Ways and emissions fees for sources subject to federal operating permit program, A Engrossed Text.;03/09/2011 - To JOINT Committee on WAYS AND
Stationary_Emissions OR S 79 Courtney (D) Greenhouse Gas Emissions Fees 1/10/11 Adjourned Means declares emergency, effective on passage. MEANS. GHG fee
Creates offense of unlawfully idling the primary engine a of commercial
Mobile_Emissions OR H 2081 Roblan (D) Greenhouse Gas and Other Vehicle Emissions 1/10/11 Enacted Chaptered vehicle, punishes by $180 fine, creates exemptions. 06/16/2011 - Chaptered. Chapter No. 349 GHG regulations of trucks
Senate
Environmental Amends the Oil and Gas Act, Imposes a natural gas severance tax, provides
Resources and for collection of the tax, establishes the Natural Gas Severance Tax Fund and
Energy the Local Government Services Account, provides for transfers and 03/28/2011 - INTRODUCED.;03/28/2011 - To SENATE Committee on
Misc PA S 905 Yudichak (D) Natural Gas Severance Tax Fund 3/28/11 Pending Committee distributions of certain funds. ENVIRONMENTAL RESOURCES AND ENERGY.
Senate
Environmental
Resources and Amends the act of November 30, 2004 (P.L.1672, No.213), known as the
Energy Alternative Energy Portfolio Standards Act, provides for definitions and for 06/14/2011 - INTRODUCED.;06/14/2011 - To SENATE Committee on
RPS PA S 1146 Hughes (D) Alternative Energy Portfolio Standards 6/14/11 6/14/11 Pending Committee alternative energy portfolio standards, makes a related repeal. ENVIRONMENTAL RESOURCES AND ENERGY.
House
Environmental
Resources and Amends the act of November 30, 2004 (P.L.1672, No.213), known as the
Energy Alternative Energy Portfolio Standards Act, provides for alternative energy 07/18/2011 - INTRODUCED.;07/18/2011 - To HOUSE Committee on
RPS PA H 1775 George (D) Alternative Energy Portfolio Standards 7/12/11 7/18/11 Pending Committee portfolio standards. ENVIRONMENTAL RESOURCES AND ENERGY.
Relates to measuring, monitoring, and reporting emissions, creates an
pollutant watch list of air contaminants that may cause short-term or long-term
Signed by adverse human health effects or odors in a given area, provides for public
Misc TX H 1981 Smith W (R) Emissions Reporting 3/1/11 Enacted Governor notification of emergency releases by a facility. 06/17/2011 - Signed by GOVERNOR.
Requires each investor-owned electric utility and distribution cooperative to
participate in a renewable energy portfolio standard program commencing
with calendar year 2013, Under the program, each utility is required to
generate renewable energy or to purchase renewable energy certificates, or
both, in amounts that start in 2013 at three percent of the total electric energy
sold in the base year of 2007 and that increase to 20 percent of such amount
RPS VA H 2353 Morrissey (D) Renewable Energy Portfolio Standard Program 1/12/11 Failed Died in 2020 and thereafter. 02/08/2011 - Left in committee.
Strengthens the existing renewable fuel standard to ensure Washington
follows through on its commitments, encourages the continued growth of
agricultural feedstock markets from oilseeds and food by-products, creates
Pending - manufacturing jobs in both rural and urban Washington communities, makes 04/26/2011 - 2011 FIRST SPECIAL SESSION ACTION.;04/26/2011 - By
Misc WA S 5478 Holmquist (R) Minimum Renewable Fuel Content Requirements 1/26/11 Carryover SENATE further strides toward energy independence. Order of Resolution - Reintroduced and retained in present status.
Pending - Mitigates carbon dioxide emissions resulting from fossil-fueled electrical 04/26/2011 - 2011 FIRST SPECIAL SESSION ACTION.;04/26/2011 - By
Misc WA S 5509 Kline (D) Carbon Dioxide Emissions 1/26/11 Carryover SENATE generation. Order of Resolution - Reintroduced and retained in present status.
Provides for the reduction of greenhouse gases from large coal-fired electric
power generation facilities, ensures appropriate cleanup and site restoration
upon decommissioning of such facilities, provides assistance to host
communities planning for new economic development and mitigating the
economic impacts of such closures, requires owners to assure funding for
closure and postclosure is sufficient, creates a related advisory board,
Cap WA S 5769 Rockefeller (D) Coal-Fired Electric Generation Facilities 2/10/11 Enacted Chaptered eliminates the sales and use exemption for coal used at such facilities. 04/29/2011 - Chapter No. 180
Relates to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to permits for construction and major
Failed - House Judiciary modification of major stationary sources of air pollution for the prevention of 01/27/2011 - INTRODUCED.;01/27/2011 - To HOUSE Committee on
Stationary_Emissions WV H 2899 Brown (D) Stationary Sources of Air Pollution 1/27/11 Adjourned Committee significant deterioration. JUDICIARY.
Failed - 01/31/2011 - INTRODUCED.;01/31/2011 - To SENATE Committee on
Misc WV S 353 Klempa (D) Tax on Gas From Marcellus Shale 1/31/11 Adjourned SENATE Increases tax on gas from Marcellus Shale if sold or transported out of state. ENERGY, INDUSTRY AND MINING.
Exhibit 186: Energy
EEA Roundup 7/21/11
Misc AK HJR 9 Pruitt (R) National Wildlife Refuge 1/18/11 Adopted Adopted
House Resources
Misc AK HJR 12 Millett (R) Arctic National Wildlife Refuge 1/21/11 Pending - Carryover Committee
House Commerce
and Small Relates to products that are manufactured and retained within the
Business borders of Alabama, exempts such manufactured products from 03/01/2011 - INTRODUCED.;03/01/2011 - To HOUSE
GHG_Cap AL H 68 Hammon (R) Cap and Trade Regulations 3/1/11 Failed - Adjourned Committee federal cap and trade regulations. Committee on COMMERCE AND SMALL BUSINESS.
Relates to greenhouse emissions, provides that the state, through
the legislature, has authority to regulate anthropogenic emissions of
carbon dioxide and other greenhouse gases and substances 03/01/2011 - SENATE Engrossed. Printed.;03/01/2011 - In
produced by mechanical or chemical processes, including SENATE. Read third time. Passed SENATE. *****To
Sequestration AR H 1450 Barnett (R) Transportation or Underground Storage of Carbon Dioxide 2/21/11 Failed Died agricultural operations and waste operations. HOUSE.
01/26/2011 - Subsequent referral set for: HOUSE
Committee on FINANCE.;02/15/2011 - From HOUSE
Remove the requirement that the Department of Health adopt rules Committee on ENERGY AND ENVIRONMENTAL
by the end of 2011 to implement a Greenhouse Gas reduction plan, PROTECTION: Do pass as amended.;02/15/2011 - In
the requirement and deadline are no longer relevant and the HOUSE. Read second time. Committee amendment
amendments will allow the department to adopt applicable rules at adopted. House Draft 1.;02/15/2011 - To HOUSE Committee
RPS AZ H 2195 Seel (R) Renewable Energy and Legislative Authority 1/13/11 Failed - Adjourned HOUSE the proper time. on FINANCE.
03/07/2011 - From SENATE Committee on

COMMUNICATIONS, ENERGY, AND PUBLIC UTILTIES:
Reported favorably.;03/08/2011 -
INTRODUCED.;03/08/2011 - To SENATE Committee on
COMMUNICATIONS, ENERGY, AND PUBLIC
UTILITIES.;03/08/2011 - Referred to SENATE Committee
on ENVIRONMENTAL PRESERVATION AND
CONSERVATION.;03/08/2011 - Referred to SENATE
Committee on BUDGET.;03/08/2011 - From SENATE
Committee on COMMUNICATIONS, ENERGY, AND
PUBLIC UTILTIES: Reported favorably.;03/08/2011 - To
SENATE Committee on ENVIRONMENTAL
PRESERVATION AND CONSERVATION.;03/17/2011 -
From SENATE Committee on ENVIRONMENTAL
PRESERVATION AND CONSERVATION: Reported
favorably.;03/18/2011 - To SENATE Committee on
BUDGET.;04/08/2011 - To SENATE BUDGET
SUBCOMMITTEE on GENERAL GOVERNMENT
APPROPRIATIONS.;04/13/2011 - From SENATE BUDGET
SUBCOMMITTEE on GENERAL GOVERNMENT
APPROPRIATIONS: Reported favorably.;04/13/2011 - To
SENATE Committee on BUDGET.;04/27/2011 - Withdrawn
from SENATE Committee on BUDGET.;04/27/2011 - In
SENATE. Placed on Calendar.;04/29/2011 - In SENATE.
Placed on Special Order Calendar.;05/02/2011 - In
SENATE. Read second time.;05/02/2011 - In SENATE.
Placed on Third Reading.;05/03/2011 - In SENATE. Read
third time. Passed SENATE. *****To HOUSE.;05/03/2011 -
Repeals provisions relating to a cap-and-trade regulatory program In HOUSE. In Messages.;05/07/2011 - In SENATE.
to reduce greenhouse gas emissions from electric utilities, conforms Indefinitely postponed and withdrawn from
Misc AZ S 1135 Nelson (R) Nuclear Emergency Appropriation and Assessment 1/13/11 Enacted Chaptered cross-reference. consideration.;05/07/2011 - In SENATE. Died in Messages.
Provides for participation in the Interstate Freedom to Breathe
Compact, prohibits a governmental agent from depriving the
residents of party states of the rights and freedoms protected under
their state's freedom to breathe laws, defines such laws as any
state laws or provisions that protect and guarantee the freedom or
right to engage in the harmless intrastate emission of anthropogenic 03/08/2011 - To HOUSE Committee on
carbon dioxide or other greenhouse substances or that reserve the ENVIRONMENT.;03/08/2011 - Additionally referred to
GHG_Cap AZ S 1393 Allen S (R) Greenhouse Emissions and Legislative Authority 1/28/11 Failed - Adjourned HOUSE power to regulate emissions to the enacting state. HOUSE Committee on RULES.
Permits the Governor to delay implementation of the requirements
of any federal program to implement a cap and trade system or any
other program to address greenhouse gas emissions or motor
vehicle fuel economy until a comprehensive assessment of such
program can be made and the Governor finds that the
Senate Commerce implementation will benefit the citizens of Georgia, provides for
and Energy legislative intent and to direct the Attorney General to undertake 03/08/2011 - To HOUSE Committee on NATURAL
Misc AZ S 1545 Melvin (R) Intrastate Nuclear Reactor Fuel Production 1/31/11 Failed - Adjourned Committee certain litigation under certain circumstances, provides a short title. RESOURCES AND ENVIRONMENT.
House 05/07/2011 - In HOUSE. Indefinitely postponed and
Environment Repeals provisions for cap & trade regulatory program to reduce withdrawn from consideration.;05/07/2011 - In HOUSE.
GHG_Cap AZ S 1394 Allen S (R) Greenhouse Substance Regulations 1/28/11 Failed - Adjourned Committee greenhouse gas emissions from electric utilities. Died in committee.
Assembly
Appropriations
Committee -
08/17/2011 9:00 Promotes the reduction of green house gas emissions and to
Misc CA S 939 Wright (D) Natural Gas Surcharge 3/21/11 Pending am reduce the use of fossil fuels for vehicles in the Commonwealth. 01/13/2011 - Assigned HOUSE Bill No. 253
Senate
Appropriations
Committee -
08/15/2011 10:00 Requires the timely adoption of greenhouse gas emission limits for
Mobile_Emissions CA A 1099 Lowenthal B (D) Commercial Motor Vehicles: Emissions Standards 2/18/11 Pending am the year 2030. 01/19/2011 - Assigned HOUSE Bill No. 219
Assembly
Appropriations
Committee - 01/28/2011 - Draft in final draft review.;01/28/2011 - Draft in
08/17/2011 9:00 Assembly/Executive Director review.;01/28/2011 - Draft
RPS CA S 23 Simitian (D) Energy: Renewable Energy Resources 12/6/10 Pending am Revises air quality standards, relates to environmental protection. ready for delivery.
Assembly Natural Prohibit enforcement and enactment of restrictions on carbon
Resources dioxide emissions by all agencies and political subdivisions of state
Misc CA S 682 Rubio (D) Oil and Gas: Underground Injection of Gas 2/18/11 Pending Committee and local government. 02/07/2011 - Posted in committee.
Assembly Prohibits state agencies from adopting, implementing, or enforcing
Appropriations a rule that regulates greenhouse gas emissions or limits human
Committee - activity for the purpose of reducing greenhouse gas emissions if the
08/17/2011 9:00 rule is not required by a federal law or regulation or is more
RPS CA S 836 Padilla (D) Renewable Energy Resources: Cost Reporting 2/18/11 Pending am stringent than a corresponding federal regulation or law. 03/21/2011 - To HOUSE Committee on ENVIRONMENT.
Remove the requirement that the Department of Health adopt rules 03/22/2011 - From HOUSE Committee on ENERGY AND
by the end of 2011 to implement a Greenhouse Gas reduction plan, ENVIRONMENTAL PROTECTION: Do pass as
Assembly the requirement and deadline are no longer relevant and the amended.;03/22/2011 - In HOUSE. Read second time.
Appropriations amendments will allow the department to adopt applicable rules at Committee amendment adopted. House Draft
Misc CA A 1285 Fuentes (D) Regional Greenhouse Gas Emission Reduction Program 2/18/11 Pending Committee the proper time. 1.;03/22/2011 - To HOUSE Committee on FINANCE.
Senate Energy,
Utilities and
Communications Relates to energy, removes ban on increased carbon dioxide
RPS CA A 642 Calderon C (D) Renewable Energy: Biomass: Algae 2/16/11 Pending Committee emissions by utilities. 05/27/2011 - Vetoed by GOVERNOR.
RPS CA S 2 Simitian (D) Energy: Renewable Energy Resources 2/1/11 Enacted Chaptered Relates to the Regional Greenhouse Gas Initiative program. 12/28/2010 - Withdrawn from further consideration. GHG cap
Exhibit 186: Energy
EEA Roundup 7/21/11
Declares Governor's withdrawal of NJ from Regional Greenhouse
Gas Initiative to be inconsistent with legislative intent, affirms 06/29/2011 - Substituted for;06/29/2011 - Passed
RPS CO H 1083 Swerdfeger (R) Hydroelectricity 1/20/11 Enacted Chaptered support for and commitment to the Initiative. ASSEMBLY.
Prohibits public officials from spending public funds in support of 02/04/2011 - To SENATE Committee on ENVIRONMENT
Mobile_Emissions CT S 748 Welch (R) Ethanol Content of Gasoline Sold in Connecticut 1/24/11 Failed Died activities or initiatives related to Western Climate Initiative. AND NATURAL RESOURCES.
(Short Title) Relates to interstate compact on environmental
Renewables CT H 6249 Joint Energy and Technology
Moratorium on the Siting of Wind Projects 1/26/11 Enacted Chaptered regulations. 02/05/2011 - INTRODUCED.
Prohibits the State Air Pollution Control Board and the Department
of Environmental Quality from taking any action to restrict the
emission of carbon dioxide, provides that any federal law or
regulation that purports to prohibit, limit, or control in any way the
emission of carbon dioxide shall be without authority, void, and of
Renewables CT S 855 Crisco (D) Biosolids As Class I Renewable Energy Resources 1/28/11 Failed Died no force within the boundaries of the Commonwealth. 02/08/2011 - Left in committee.
Concerns adopting the Washington state energy freedom act of 04/26/2011 - 2011 FIRST SPECIAL SESSION
2011 and requiring express legislative authorization for a ACTION.;04/26/2011 - By Order of Resolution -
RPS CT S 102 Looney (D) Class I Renewable Energy Source Definition 1/11/11 Failed - Adjourned SENATE greenhouse gas program or motor vehicle fuel economy program. Reintroduced and retained in present status.
Provides for the reduction of greenhouse gases from large coal-
fired electric power generation facilities, ensures appropriate
cleanup and site restoration upon decommissioning of such
facilities, provides assistance to host communities planning for new
economic development and mitigating the economic impacts of
such closures, requires owners to assure funding for closure and
Joint Committee on postclosure is sufficient, creates a related advisory board,
Energy and eliminates the sales and use exemption for coal used at such
RPS CT S 839 Joint Environment Biosolids As a Class I Renewable Energy Source 1/25/11 Failed - Adjourned Technology facilities. 04/29/2011 - Chapter No. 180
05/09/2011 - From HOUSE Committee on STATE
SOVEREIGNTY, SELECT: Reported favorably with
Relates to prohibiting the implementation in this state of any federal substitute.;05/10/2011 - Committee report printed and
Mobile_Emissions CT S 749 Guglielmo (R) Use of Fuel Additives in Diesel Fuel 1/24/11 Failed Died greenhouse gas emissions regulatory program. distributed.
Encourages the Department of Transportation to examine and
promote the development of electric vehicle charging stations as
part of any project financed by the Transportation Trust Fund 11/08/2010 - INTRODUCED.;11/08/2010 - To ASSEMBLY
Authority, provides that an electric vehicle charging station supplies Committee on TRANSPORTATION, PUBLIC WORKS AND
Stationary_Emissions CT H 5375 Backer (D) Greenhouse Gases Produced 1/18/11 Failed Died electricity for the recharging of plug-in electric vehicles. INDEPENDENT AUTHORITIES. GHG Study
01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY
House Energy Establishes the New York state greenhouse gases management Committee on CORPORATIONS, AUTHORITIES AND
RPS DE H 27 Scott (D) Renewable Energy Portfolio Standards 1/25/11 Pending - Carryover Committee research and development program. COMMISSIONS.
Establishes a study commission to study the feasibility and
effectiveness of various forms of incentives to promote the
development and use of advanced biofuels in the state including,
but not limited to production credits, the production and harvesting
of woody biomass or woody residue, feedstock incentives, and
direct consumer credits for the use of advanced biofuels in various
applications, relates to an interstate agreement regarding low
carbon fuel standards and the greenhouse gas emissions 07/13/2011 - Signed by GOVERNOR.;07/13/2011 - Public
RPS DE S 124 DeLuca (D) Energy Portfolios and Fuel Cells 6/14/11 Enacted Chaptered standards. Law No. 2011-379
Urges the United States Congress to pass legislation to open the
coastal plain of the Arctic National Wildlife Refuge to oil and gas 01/21/2011 - INTRODUCED.;01/21/2011 - To HOUSE
GHG_Cap FL S 762 Hays (R) Climate Protection Act 2/2/11 3/8/11 Failed Died exploration, development, and production. Committee on RESOURCES.
Relates to intrastate nuclear reactor fuel production, provides that
nuclear reactor fuel produced entirely within the boundaries of this
state using equipment manufactured or obtained entirely within the
boundaries of this state has not entered interstate commerce,
provides that basic materials, such as unmachined or unfabricated
materials, are not nuclear reactor fuel and are not subject to the 02/02/2011 - To SENATE Committee on COMMERCE AND
authority of the United States congress to regulate interstate ENERGY.;02/02/2011 - Additionally referred to SENATE
Misc FL H 4161 Rehwinkel (D) Nuclear and Integrated Gasification Power Plants 2/11/11 3/8/11 Failed Died commerce, provides for imported equipment items. Committee on RULES.
Urges the United States Congress to pass legislation to open the
coastal plain of the Arctic National Wildlife Refuge to oil and gas
exploration, development, production and royalties while continuing
GHG_Cap FL H 4117 Plakon (R) Climate Protection Act 1/31/11 3/8/11 Failed Died to work on renewable and alternative energy technologies. 04/15/2011 - HOUSE concurred in SENATE amendments.
Relates to the nuclear emergency management fund, makes
nuclear emergency management fund assessments, relates to
emergency and military affairs, provides for assessments against
each consortium of public service corporations and municipal
corporations engaged in constructing or operating a commercial
nuclear generating station in this state, provides for disbursement to
Misc FL H 383 Kriseman (D) Oil Production in Waters 1/24/11 3/8/11 Failed Died counties, relates to off-site nuclear emergency response plans. 04/18/2011 - Chapter No. 132
Amends the Global Warming Solutions Act. Requires the Air
Resources Board to establish a program to maximize regional
greenhouse gas emission reduction and sequestration projects.
Requires the board to create a system by which emission
reductions achieved by projects under the program result in the
creation of qualified units of exchange that may be transferred to 05/11/2011 - In ASSEMBLY. Read second time and
entities subject to an emissions cap adopted pursuant to the act for amended. Re-referred to Committee on
Renewables FL S 282 Bennett (R) Renewable Energy 12/17/10 3/8/11 Failed Died compliance towards that cap. APPROPRIATIONS.
Requires the Public Utilities Commission to establish rate
adjustments to fund low-income assistance programs, cost-effective
energy efficiency and conservation, and public interest research
and development. Requires only persons consuming natural gas
delivered by an interstate pipeline to pay the surcharge quarterly.
Requires only those persons consuming natural gas transported by 07/05/2011 - From ASSEMBLY Committee on UTILITIES
a provider other than a public utility gas corporation to file a AND COMMERCE: Do pass to Committee on
RPS FL H 7217 Energy & Utilities Subcmte
Energy Incentives and Initiatives 4/4/11 Failed Died quarterly return. APPROPRIATIONS.
Authorizes the Division of Oil, Gas, and Geothermal Resources to 07/13/2011 - In ASSEMBLY. Read second time and
permit the underground injection of gas, as defined. Requires the amended. Re-referred to Committee on NATURAL
Renewables FL S 284 Bennett (R) Sustainable and Renewable Energy Policy Trust Fund 12/17/10 3/8/11 Failed Died division to establish standards for the permitting of gas injection. RESOURCES.
House Natural Eliminates provisions for a utility to recover from its customers the
Resources and costs of financing associated with the construction of a nuclear
Environment generating plant, provides for related matters, provides for an 01/12/2011 - To HOUSE Committee on ENERGY,
Misc GA H 43 Oliver (D) Conservation and Natural Resources 1/12/11 Pending - Carryover Committee effective date, repeals conflicting laws. UTILITIES, AND TELECOMMUNICATIONS.
Relates to conservation and natural resources, so as to prohibit the
purchase or use of coal extracted by mountaintop removal coal
House Energy, mining for the generation of electricity, provides for a phase out
Utilities and period, provides for civil penalties, changes certain provisions
Telecommunication relating to permit requirements, applications, issuance, revocation, 01/24/2011 - To HOUSE Committee on NATURAL
RPS GA H 515 Drenner (D) Public Utilities 3/10/11 Pending - Carryover s Committee suspension, and amendment, provides for automatic repeal. RESOURCES AND ENVIRONMENT.
House Energy,
Utilities and Repeals cost recovery provisions for siting, design, licensing, & 05/07/2011 - In HOUSE. Indefinitely postponed and
Telecommunication construction of nuclear & integrated gasification combined cycle withdrawn from consideration.;05/07/2011 - In HOUSE.
Misc GA H 16 Franklin (R) Nuclear Energy Financing Act 11/15/10 1/10/11 Pending - Carryover s Committee power plants. Died in committee.
Exhibit 186: Energy
EEA Roundup 7/21/11
(Joint Resolution) Relates to amendment to s. 7, Art. II of State
House Natural Constitution to prohibit exploration, drilling, extraction, and
Resources and production of oil beneath Florida waters between mean high-water 05/07/2011 - In HOUSE. Indefinitely postponed and
Environment line and seaward limit of Florida's boundaries, exempts withdrawn from consideration.;05/07/2011 - In HOUSE.
GHG_Cap GA S 9 Seabaugh (R) Georgia Energy Freedom Act 1/24/11 Pending - Carryover Committee transportation of oil produced outside of such waters. Died in committee.
Proposes that the Efficiency Maine Trust, with input from
stakeholders, shall develop a plan to reduce Maine's dependence
on oil, relates to energy security, requires a cost and resource
estimate for technology development, includes targets for reducing
House Energy, total oil consumption that equal the maximum economically
Utilities and achievable oil savings, provides that targets may not provide less
Telecommunication than a 30% overall reduction in oil consumption from 2009 levels by 06/22/2011 - Became law without GOVERNOR'S
RPS GA H 516 Drenner (D) Public Utilities 3/10/11 Pending - Carryover s Committee 2030 and a 50% overall reduction from 2009 levels by 2050. signature.;06/22/2011 - Public Law No. 2011-400
House Consumer
Protection and Directs the commissioner of environmental conservation to
Commerce establish rules and regulations to reduce significantly high levels of 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY
RPS HI H 982 Morita (D) Renewable Portfolio Standards 1/24/11 Pending - Carryover Committee global warming emissions. Committee on ENVIRONMENTAL CONSERVATION.
01/05/2011 - INTRODUCED.;01/05/2011 - To SENATE
RPS HI S 1346 Baker (D) Renewable Portfolio Standards 1/25/11 Enacted Chaptered Enacts the Climate Change Solutions Program Act. Committee on ENVIRONMENTAL CONSERVATION.
Establishes the climate change solutions fund, provides for the
deposit of revenues raised from the auction of any emissions
allowances by the commissioner of the Department of
Environmental Conservation into the Climate Change Solutions
Fund, establishes a climate change transfer account, a greenhouse
Senate Energy and gas emission reduction account, an energy efficiency account, a
Environment renewable energy development account, and a clean air account 01/11/2011 - INTRODUCED.;01/11/2011 - To ASSEMBLY
RPS HI S 188 Gabbard (D) Fossil Fuels 1/21/11 Pending - Carryover Committee within the Fund. Committee on ENVIRONMENTAL CONSERVATION.
Relates to environment and natural resources, creates the
Oklahoma Environmental Authority Act, states legislative findings,
makes legislative declaration that certain environmental regulation
activities are not subject to federal laws or regulation, authorizes
state environmental agencies to cooperate with federal
environmental agencies, prohibits enforcement of certain federal
laws and regulations, declares certain federal laws to be invalid and
Stationary_Emissions HI S 1365 Gabbard (D) Energy 1/25/11 Pending - Carryover SENATE to have no effect, establishes penalty. 02/08/2011 - To HOUSE Committee on JUDICIARY.
House Energy and

Environmental
Protection Clarifies state's position on global warming and greenhouse gases,
Mobile_Emissions HI H 330 Keith-Agaran (D) Biofuel 1/21/11 Pending - Carryover Committee relates to environmental protection. 02/24/2011 - Missed Deadline for General Bill Transmittal.
House Energy and

Environmental
Protection
GHG_Cap HI S 1295 Tsutsui (D) Greenhouse Gas Emission Rules 1/24/11 Pending - Carryover Committee Repeals the nuclear facility ban, relates to energy. 02/24/2011 - Missed Deadline for General Bill Transmittal.
Recognizes the indispensable role of nuclear energy to a
comprehensive, integrated United States economic, energy
security, and environmental strategy and supporting a host of
federal and state policy initiatives to spur a new wave of nuclear
Mobile_Emissions HI S 146 Dela Cruz (D) Biofuel 1/21/11 Enacted Chaptered plant development. 03/28/2011 - Failed to pass SENATE.
Modifies the definition of energy distribution system project to
include systems that distribute or transmit natural gas, authorizes
the Finance Authority of Maine to issue revenue obligation
securities relating to energy distribution system projects, establishes
House Energy and standards under which the authority may approve providing
Environmental financial assistance to energy distribution system projects, requires
Protection the Public Utilities Commission to provide assistance in analyzing 06/08/2011 - Signed by GOVERNOR.;06/08/2011 - Public
GHG_Cap HI H 1068 Say (D) Greenhouse Gas Emission Rules 1/24/11 Pending - Carryover Committee financial, economic or technical issues. Law No. 2011-261
Creates the Oil and Gas Leasing Commission to establish a
House Energy and procedure for leasing land owned or under the control of state
Environmental agencies for oil and gas production in order to provide funding for
Protection capital costs for the agencies, excludes nature preserves from 06/24/2011 - *****To GOVERNOR.;06/30/2011 - Signed by
Stationary_Emissions HI H 477 Ward (R) Fossil Fuels 1/21/11 Pending - Carryover Committee drilling. GOVERNOR.;07/01/2011 - Session Law No. 2011-35
Increases energy production in the state to develop a secure,
stable, and predictable energy supply to facilitate economic growth,
job creation, and expansion of business and industry opportunities
and to assign future revenue from energy exploration, development,
House Energy and and production of energy resources in order to protect and preserve
Environmental the state's natural resources, cultural heritage, and quality of life,
Protection includes onshore shale gas, off-shore oil drilling, and water leases, 07/13/2011 - In SENATE. GOVERNOR'S veto overridden
Mobile_Emissions HI H 333 Keith-Agaran (D) Ethanol 1/21/11 Pending - Carryover Committee relates to the Energy Jobs Council. by SENATE.
Requires the Board of Public Utilities and the Commissioner of
Community Affairs to establish minimum energy efficiency
Senate Energy and standards for bottle type water dispensers, commercial hot food
Environment holding cabinets, and natural gas- and propane-fired residential 12/09/2010 - INTRODUCED.;12/09/2010 - To SENATE Minimum Energy
Mobile_Emissions HI S 271 Slom (R) Ethanol 1/21/11 Pending - Carryover Committee furnaces sold, offered for sale, or installed in the state. Committee on ENVIRONMENT AND ENERGY. Efficiency Standard
Requires contracting agency to give preference to bidder or
proposer that releases smaller total amount of atmospheric carbon
dioxide, methane and ozone during or as result of manufacturing,
transporting and disposing of goods or while providing services that
are subject of procurement, requires Oregon Department of
Administrative Services, in consultation with Attorney General and
Eligible for Department of Transportation, to evaluate and select system that 02/07/2011 - To HOUSE Committee on TRANSPORTATION
Sequestration IL S 1821 Sullivan J (D) Carbon Dioxide Transportation and Sequestration 2/9/11 To Governor Governor contracting agency may use to estimate or calculate. AND ECONOMIC DEVELOPMENT.
Relates to nuclear energy, creates the Nuclear Energy Act of 2011,
provides short title, defines terms, authorizes electric utilities to
apply to the Corporation Commission for determination of need to
construct a nuclear power plant, states procedures for determining
need, specifies content of application, limits application of certain
rules to nuclear power plants, provides for review of a final order by 02/08/2011 - To HOUSE Committee on ENERGY AND
Renewables IL H 1458 Cunningham (D) Power Agency Act 2/10/11 To Governor To Governor the Oklahoma Supreme Court. UTILITY REGULATION.
House Utilities and Amends the Oil and Gas Act, provides for gas mineral rights lease Committee on ENVIRONMENTAL RESOURCES AND
RPS IN H 1509 Wolkins (R) Definition of Renewable Energy Resources in Utilities L 1/20/11 Failed - Adjourned Energy Committee agreement disclosure and indemnification. ENERGY.
Allows Environmental Quality Commission to establish certain
greenhouse gas emissions reporting fees, limits fees and purposes
for which fees may be established, declares emergency, effective 01/14/2011 - To SENATE Committee on ENVIRONMENT
Renewables IN S 251 Long (R) Clean Energy Cost Recovery 1/6/11 Enacted Chaptered on passage. AND NATURAL RESOURCES.
Senate Utilities and
Technology Amends Title 72 (Taxation and Fiscal Affairs) of the Pennsylvania 06/21/2011 - INTRODUCED.;06/21/2011 - To HOUSE
Renewables IN S 453 Breaux (D) Renewable Energy Development 1/12/11 Failed - Adjourned Committee Consolidated Statutes, provides for a natural gas severance tax. Committee on FINANCE.
Exhibit 186: Energy
EEA Roundup 7/21/11
06/28/2011 - INTRODUCED.;06/28/2011 - To HOUSE
Amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated Committee on ENVIRONMENTAL RESOURCES AND
RPS IN H 1128 Koch (R) Clean Coal and Energy Project Incentives 1/6/11 Enacted Chaptered Statutes, imposes a natural gas impact fee. ENERGY.
Amends the Oil and Gas Act, Imposes a natural gas severance tax,
provides for collection of the tax, establishes the Natural Gas 03/28/2011 - INTRODUCED.;03/28/2011 - To SENATE
Severance Tax Fund and the Local Government Services Account, Committee on ENVIRONMENTAL RESOURCES AND
GHG_Cap KY HJR 49 Fischer (R) Carbon Dioxide Emissions 2/1/11 Failed - Adjourned HOUSE provides for transfers and distributions of certain funds. ENERGY.
Amends Title 58 (Oil and Gas) of the Pennsylvania Consolidated 06/30/2011 - FILED.;06/30/2011 -
Statutes, imposes a tax on natural gas drilling, uses that tax to INTRODUCED.;06/30/2011 - To SENATE Committee on
Sequestration KY H 259 Yonts (D) Carbon Dioxide Geologic Storage 2/1/11 Enacted Chaptered reduce taxes on senior citizens. FINANCE.
Relates to the imposition of a fee per ton of coal loaded on or
unloaded from railcars in this state, provides for allocation of the
revenue from the fee, includes lignite, imposes a fee on a person
who owns coal at the time the coal is first loaded on or unloaded
from a railcar in this state, requires a complete record of all coal the
person owns that is loaded on or unloaded from a railcar in this 05/02/2011 - Considered in public hearing.;05/02/2011 - Left
GHG_Cap MA HD 238 Smizik (D) Reduction of Green House Gas Emissions 1/13/11 Pending HOUSE state. pending in committee.
Relates to measuring, monitoring, and reporting emissions, creates
an pollutant watch list of air contaminants that may cause short-
term or long-term adverse human health effects or odors in a given
area, provides for public notification of emergency releases by a
GHG_Cap MA HD 852 Brownsberger (D) Timely Adoption of Greenhouse Gas Emission Limits 1/19/11 Pending HOUSE facility. 06/17/2011 - Signed by GOVERNOR.
Relates to benefits and protections for residential electric
customers, relates to customer access to average, level, and 01/31/2011 - To SENATE Committee on BUSINESS AND
Misc ME S 324 Katz (R) Natural Gas Availability 3/11/11 Enacted Chaptered deferred payment plans year round. COMMERCE.
Reinstates much of the system under which investor-owned electric
utilities were regulated prior to 1999, repeals the Virginia Electric
Utility Regulation Act and reenacts provisions relating to State
Corporation Commission (SCC) ratemaking, includes provisions
addressing the recovery of fuel and purchased power costs, that
existed prior to the 2007 legislation that re-regulated most of
RPS ME S 501 Thibodeau (R) Energy Price Reduction 5/11/11 Enacted Chaptered Virginia's investor-owned electric utilities. 02/08/2011 - Left in committee.
Excludes an electric cooperative or its subsidiary is excluded from
regulation as a gas utility, excludes gas storage facilities owned by
electric cooperatives from regulation as a gas utility, excludes an
electric cooperative that sells electricity at wholesale and owns or
operates an underground storage facility from the definition of a
RPS ME H 824 Cornell du Houx (D) Renewable Energy Portfolio Standard 3/14/11 Failed Died public utility. 04/21/2011 - Filed with Secretary of State. Chapter No. 4
Relates to a grant program for certain natural gas motor vehicles,
allows the Commission on Environmental Quality to establish and
administer the state natural gas vehicle grant program to encourage
an entity that has a heavy-duty or medium-duty motor vehicle to
repower the vehicle with a natural gas engine or replace the vehicle
with a natural gas vehicle by offsetting the incremental cost,
provides the commission shall establish the criteria for prioritizing
Misc ME H 436 Fitts (R) Oil Dependence and Energy Security 2/11/11 Enacted Chaptered qualifying vehicles eligible to receive grants. 06/17/2011 - Signed by GOVERNOR.
Regulates electric energy storage equipment and facilities,
redefines a power generation company to include the owner or
operator of electric energy storage equipment or facilities, provides
that the owner or operator of the equipment or facilities is entitled to
interconnect the equipment or facilities, obtain transmission service,
and use the equipment or facilities to sell electricity or ancillary
RPS ME S 302 Sherman (R) Renewable Portfolio Standard 3/7/11 Failed Died services at wholesale. 06/17/2011 - Signed by GOVERNOR.
Relates to distributed generation of electric power, defines
distributed natural gas generation facility, authorizes a person who
owns or operates such a facility to sell electric power generated by
the facility, authorizes the establishment of simplified filing
RPS ME LR 1167 Senator Sherman Renewable Portfolio Standard 1/13/11 Failed - Adjourned Legislature requirements for such facilities. 06/17/2011 - Signed by GOVERNOR.
Relates to the creation of an alternative fuel program to be funded
by the state emissions reduction plan fund, provides a grant
program for certain natural gas vehicles and natural gas fueling
RPS ME LR 1673 Cornell du Houx (D) Renewable Portfolio Standard 1/13/11 Failed - Adjourned Legislature stations, provides for state implementation plans. 06/17/2011 - Signed by GOVERNOR.
Rebundles charges for the transmission, distribution, and
generation services into the base rates of investor-owned electric
utilities and revises the system enacted in 2007 by which rates of
investor-owned electric utilities are to be set, provides that the
measure restores the State Corporation Commission's authority to
set the utility's authorized rate of return on equity at a level that
Vetoed by reflects the utility's risk, allows the utility to attract capital, and will be
GHG_Cap MN S 86 Rosen (R) Energy 1/21/11 Vetoed Governor fair to ratepayers. 02/08/2011 - Left in committee.
Clarifies that the authority to issue pollutant discharge elimination
system permits for coal surface mining operations has been
delegated by the State Water Control Board to the Director of the
Department of Mines, Minerals and Energy, provides that the
Director shall determine whether a discharge may cause or
contribute to an in-stream excursion above the narrative or numeric
Indefinitely criteria of a water quality standard, relates to total maximum daily 03/18/2011 - Signed by GOVERNOR.;03/18/2011 - Acts of
Stationary_Emissions MN H 72 Beard (R) Carbon Dioxide Emissions 1/13/11 Failed Postponed load requirements, provides for biological monitoring. Assembly. Chapter No. 252.
Amends the Constitution of the State of Vermont to provide a set of
environmental rights, including clean water, a natural environment
uncompromised by manufactured substances that are toxic and
House Rules unhealthy, and enjoyment of nature, forests, wilderness, and 01/25/2011 - To SENATE Committee on NATURAL
RPS MO HCR 5 Smith Ja (R) Electric Utility Renewable Energy Standards Requirement 1/6/11 Failed - Adjourned Committee wildlife. RESOURCES AND ENERGY.
Provides that an investor-owned electric utility will receive double
credit toward meeting the goals of the renewable energy portfolio
standard program for energy from biomass or waste-to-energy,
House Special provides that triple credit toward such goals for energy from
Standing sunlight, provides that and quadruple credit toward such goals for
Committee on energy from sunlight if the facility is located in Virginia and the
Renewable Energy majority of the products used to generate the energy are
RPS MO H 82 Nolte (R) Modular Reactor Electricity Production 12/21/10 1/5/11 Failed - Adjourned Committee manufactured or assembled in the United States. 02/21/2011 - In SENATE Committee: Passed by indefinitely.
Promotes the development and construction of nuclear energy ACTION.;04/26/2011 - By Order of Resolution -
RPS MO SCR 1 Ridgeway (R) Electric Utility Renewable Energy Standard Requirements 1/5/11 Adopted Adopted facilities. Reintroduced and retained in present status.
Relates to the Sustainably Priced Energy Enterprise Development
program, renewable portfolios, small power production facilities,
retail electricity rates, grid parity support charges, the Renewable
Energy Investment Vermont program to allow customer charges for
the costs of new renewable energy plants, net metering, energy
efficiency utilities, home weatherization assistance, sulfur content of
heating oil, biodiesel fuel excise tax, biomass equipment sales tax
RPS MO H 613 Holsman (D) Renewable Energy 2/22/11 Failed - Adjourned HOUSE exemptions and solar energy tax credits. 06/06/2011 - Act No. 47
Exhibit 186: Energy
EEA Roundup 7/21/11
Strengthens the existing renewable fuel standard to ensure
Washington follows through on its commitments, encourages the
continued growth of agricultural feedstock markets from oilseeds
and food by-products, creates manufacturing jobs in both rural and 04/26/2011 - 2011 FIRST SPECIAL SESSION
urban Washington communities, makes further strides toward ACTION.;04/26/2011 - By Order of Resolution -
Mobile_Emissions MS H 701 Moore J (R) Ethanol Blended Gasoline 1/13/11 Failed Died energy independence. Reintroduced and retained in present status.
Promotes the development and construction of nuclear energy ACTION.;04/26/2011 - By Order of Resolution -
Sequestration MS S 2723 Dearing (D) Geologic Sequestration of Carbon Dioxide 1/17/11 Enacted Chaptered facilities. Reintroduced and retained in present status.
Mitigates carbon dioxide emissions resulting from fossil-fueled ACTION.;04/26/2011 - By Order of Resolution -
Sequestration MS H 1098 Moss (D) Geologic Sequestration of Carbon Dioxide 1/17/11 Failed Died electrical generation. Reintroduced and retained in present status.
Establishes requirements for Marcellus gas well operations use of
Misc MT D 1611 Skees (R) Nuclear Facility Ban 12/5/10 Failed HOUSE water resources. 01/12/2011 - To HOUSE Committee on JUDICIARY.
Committee on ENERGY, INDUSTRY AND LABOR,
Misc MT D 2111 Read (R) Global Warming and Greenhouse Gases 1/15/11 Failed HOUSE Intrastate Coal and Use Act. ECONOMIC DEVELOPMENT AND SMALL BUSINESS.
Requires motor vehicle fuel sold in the State to contain no less than
15% biofuel that is produced in the State from agricultural products
Vetoed by grown or sourced in the State, amends the definition of biofuels to 01/24/2011 - To HOUSE Committee on ENERGY AND
RPS MT H 59 Belcourt (D) Hydropower Expansions 12/9/10 1/3/11 Vetoed Governor include ethanol and biodiesel. ENVIRONMENTAL PROTECTION.
Repeals the requirement that gasoline contain 10% ethanol
effective 6/30/12, provided that the director of DBEDT determines 01/24/2011 - To HOUSE Committee on ENERGY AND
RPS MT H 244 Skees (R) Renewable Power Production 1/12/11 Failed Died that locally produced ethanol has reached an unspecified capacity. ENVIRONMENTAL PROTECTION.
Repeals the requirement for gasoline sold in the State to contain 01/24/2011 - To SENATE Committee on ENERGY AND
RPS MT S 332 Van Dyk (D) Montana Renewable Energy Portfolio Standard 2/12/11 Failed Died 10% ethanol. ENVIRONMENT.
Increases tax on gas from Marcellus Shale if sold or transported out 01/31/2011 - INTRODUCED.;01/31/2011 - To SENATE
Misc;Sequestration MT D 1504 Office of Senator Jason
Electric
Priest Utility Generation Reintegration Act 12/5/10 Failed - Adjourned Draft of state. Committee on ENERGY, INDUSTRY AND MINING.
Creates a new section of law prohibiting the retail sale of ethanol-
blended gasoline for use in vehicles on the public highways, roads
and streets of this state, and in certain other equipment and
Sequestration MT D 2051 Phillips (D) Terrestrial Carbon Sequestration 1/12/11 Failed - Adjourned Draft devices. 02/01/2011 - Died in committee.
Eliminates a requirement that public utilities implement carbon
offsets if acquiring equipment or facilities that generate electricity
using natural or synthetic gas, eliminates a requirement that a
public utility implement carbon capture and sequestration
technologies if acquiring equipment or facilities that generate removes
electricity using coal, relates to the wholesale energy transaction sequestration and
RPS MT D 326 Office of Olson Renewable Portfolio Standard Laws 9/13/10 Failed - Adjourned Draft tax. 02/09/2011 - Draft cancelled. offset requirements
Relates to sales and use taxes, exempts from sales and use taxes
the sale or purchase of equipment used to generate electricity from
RPS MT D 72 Office of Gillan Renewable Energy Portfolio Standard 4/8/10 Failed SENATE nuclear energy. 02/15/2011 - Failed to pass SENATE.
Relates to natural gas storage, repeals certain limits on the amount
of gas stored by natural gas utilities and related provisions
regarding gas price regulation, customer rates, sales of stored gas 02/18/2011 - Signed by GOVERNOR.;02/18/2011 - Chapter
RPS MT D 206 Office of Keane Renewable Energy Credit 8/4/10 Failed - Adjourned Draft and public service commission duties. No. 52
Concerns the ethanol content of gasoline sold in Connecticut,
requires State gasoline ethanol levels to not exceed the Federal
RPS MT D 849 Phillips (D) Renewable Energy Portfolio Standard 11/19/10 Failed - Adjourned Draft standard. 03/25/2011 - Failed Joint Favorable deadline.
Requires the use of fuel additives in diesel fuel sold for the
operation of motor vehicles or power plants, helps reduce emissions
and improve mileage by requiring the introduction of a registered
fuel additive into any diesel fuel sold in this State for use in motor
RPS MT D 1497 Office of Senator Jason
Renewable
Priest Power Production 12/5/10 Failed - Adjourned Draft vehicles, and to help reduce emissions from power plants. 03/25/2011 - Failed Joint Favorable deadline.
Relates to authorizing the Public Service Commission to approve Committee on JUDICIARY, UTILITIES, COMMERCE, AND
GHG_Cap MT D 1904 Office of Senator Jason
AirPriest
Quality Standards 12/31/10 Failed - Adjourned Draft temporary electric rates to promote economic development. GOVERNMENT OPERATIONS.
Relates to biofuel, directs the energy resources coordinator to
conduct a study and issue a preliminary and a final report on the
conditions and policies necessary to expand biofuel production in
the state to displace a significant amount of petroleum-based liquid 07/08/2011 - Signed by GOVERNOR.;07/11/2011 - Act No.
RPS MT S 7 Keane (D) Price of Any Renewable Energy Credit 11/15/10 1/3/11 Enacted Chaptered fuel. 203
Requires the Department of Motor Vehicles to refuse registration for
any commercial vehicle subject to registration that is of a 1996 or
older model year with a specified gross weight, except for any
construction truck that is subject to an extension pursuant to
specified regulations. Provides an exemption for a commercial
motor vehicle registered in the state prior to a specified date, if the
vehicle is continuously registered, or is certified nonoperational after 07/12/2011 - In SENATE. Read second time and amended.
RPS MT D 327 Office of Olson Renewable Portfolio Standard Laws 9/13/10 Failed - Adjourned Draft that specified date. Re-referred to Committee on APPROPRIATIONS.
Requires car registration forms to display the label "qualified hybrid
Governor's Veto vehicle" and the estimated MPG of such vehicle as calculated by 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY
Misc NC S 709 Rucho (R) Energy Jobs Council 4/19/11 4/20/11 Enacted Overridden the EPA. Committee on TRANSPORTATION. vehicle registration
Increases or decreases each year the rates of Virginia's fuels taxes
using a fuel efficiency index, provides that would define the fuel
efficiency index as the quotient that is obtained when using as the
numerator the total annual vehicle miles traveled in the
Commonwealth for the relevant year and using as the denominator
the total gallons of motor fuel consumed for highway use in the
RPS NC S 75 Hartsell (R) Electricity Demand and Renewable Energy Standards 2/15/11 2/16/11 Enacted Chaptered Commonwealth for the relevant year. 02/08/2011 - Left in committee.
House
Environment Bans corn-based ethanol as an additive to gasoline sold in New
GHG_Cap NC S 308 Jackson B (R) Greenhouse Gas Emission Regulation 3/9/11 3/10/11 Pending Committee Hampshire. 05/04/2011 - Failed to pass SENATE.
House Commerce
and Job
Development Creates offense of unlawfully idling the primary engine a of GHG regulations of
RPS NC H 724 Harrison (D) Renewable Energy Portfolio Standard 4/6/11 4/7/11 Pending Committee commercial vehicle, punishes by $180 fine, creates exemptions. 06/16/2011 - Chaptered. Chapter No. 349 trucks
Provides for permits for air contaminant emissions of stationary
House Public natural gas engines used in combined heating and power systems,
RPS NC H 789 Glazier (D) Electric Public Utility Regulations 4/6/11 4/7/11 Pending Utilities Committee includes turbines. 06/17/2011 - Signed by GOVERNOR.
Directs the legislative budget assistant to conduct an audit
Senate Commerce regarding the goals of the Regional Greenhouse Gas Initiative
RPS NC S 695 Stein (D) Electric Public Utilities and Renewable Energy 4/19/11 4/20/11 Pending Committee (RGGI). 12/08/2010 - Withdrawn from further consideration. RGGI audit
Urges continued NJ participation in Regional Greenhouse Gas
Initiative because of its importance to national security and energy
Misc ND HCR 3033 Grande (R) Indispensable Role of Nuclear Energy 1/28/11 Failed SENATE independence. 06/29/2011 - FILED.
Withdrawn from Defines biosolids as class i renewable energy resources, saves
further persons who are served by the Greater New Haven Water Pollution
Regional_Initiative NH LSR 811 Office of Bradley Regional Greenhouse Gas Initiative 12/7/10 Failed consideration Control Authority over one million dollars. 03/25/2011 - Failed Joint Favorable deadline.
Exhibit 186: Energy
EEA Roundup 7/21/11
Relates to renewable energy, requires each electric utility in the
state to collect from residential, commercial and industrial
customers a monthly systems charge, requires the electric utilities
to deposit collected funds into the Sustainable and Renewable
Energy Policy Trust Fund, creates a direct support organization for
the Energy and Climate Commission, relates to purchase contracts, 05/07/2011 - In SENATE. Indefinitely postponed and
cost recovery rates for clean energy projects and the Solar Energy withdrawn from consideration.;05/07/2011 - In SENATE. Renewables tax
RPS NH H 302 Barry D (R) Renewable Energy Portfolios 1/6/11 Failed Died System Incentives Program expiration date. Died in committee. and trust fund
Creates the Sustainable and Renewable Energy Policy Trust Fund
within the Florida Energy and Climate Commission to receive the
monthly service charge from residential, commercial and industrial
consumers and to support the activities of the direct-support
organization of the commission relating to sustainable and
renewable energy projects in this state, provides that any balance 05/07/2011 - In SENATE. Indefinitely postponed and
shall remain in the trust fund, provides that before its scheduled withdrawn from consideration.;05/07/2011 - In SENATE. Renewables tax
RPS NH LSR 825 Garrity J (R) Renewable Energy Portfolios 12/7/10 Pending - Carryover Filed termination, the trust fund shall be reviewed. Died in committee. and trust fund
Clarifies the intent of a public law passed in 2007 that required the
State's participation in the Regional Greenhouse Gas Initiative
which created an emissions auction and trading mechanism to
reduce the level of greenhouse gas emissions, provides the passed
law clearly recognizes state's participation in the initiative and
Withdrawn from created the Global Warming Solutions Fund, and dedicated all
further funds from the greenhouse emission allowance trading program to 06/29/2011 - Substituted for;06/29/2011 - Passed
GHG_Cap NH LSR 672 Cali-Pitts (D) Greenhouse Gas Initiative Program 12/6/10 Failed consideration the fund. ASSEMBLY.;06/29/2011 - *****To GOVERNOR.
Establishes a moratorium on the siting of wind projects until the
adoption of regulations, relates to setbacks, tower heights, distance
from neighboring property, flicker, developer requirement to
decommission the property at the end of its useful life, ice throw,
blade shear, noise, impact on natural resources and a requirement
Mobile_Emissions NH H 374 Campbell D (D) Corn Based Ethanol 1/6/11 Failed Died for a public hearing for wind turbine projects. 07/13/2011 - Public Act No. 11-245
Relates to renewable energy development, requires an electricity
supplier to supply a certain percentage of its total electricity supply
from renewable energy resources, establishes the renewable
energy resources fund to receive penalties paid by electricity
suppliers that fail to supply electricity from renewable energy
Senate resources, requires the utility regulatory commission to report not
Environment and later than April 1, 2016, to the general assembly on the 01/12/2011 - INTRODUCED.;01/12/2011 - To SENATE
Misc NJ S 2528 Greenstein (D) Minimum Product Energy Efficiency Standard 12/6/10 12/9/10 Pending Energy Committee effectiveness of and industry compliance with the renewable. Committee on UTILITIES AND TECHNOLOGY.
Relates to renewable energy, relates to legislative authority,
prohibits requiring a public power entity or a public service
corporation to purchase or provide a specific percentage or amount
of the total energy provided or sold by the public power entity or
public service corporation from renewable energy sources, provides
that every retail utility customer has the right to choose whether the
customer receives and pays for energy generated through a
RPS NJ S 2306 Van Drew (D) Alternative Energy 9/20/10 9/23/10 Pending SENATE renewable energy source. 01/13/2011 - INTRODUCED.
Relates to promoting and sustaining investment and employment in 04/22/2011 - By order of Resolution - Returned to SENATE.
economically distressed communities dependent on agricultural or Placed on Third Reading.;04/26/2011 - 2011 FIRST
natural resource industries by recognizing certain biomass energy SPECIAL SESSION ACTION.;04/26/2011 - By Order of
Regional_Initiative NJ S 2946 Sweeney (D) Regional Greenhouse Gas Initiative 6/9/11 6/13/11 To Governor To Governor facilities as an eligible renewable resource. Resolution - Reintroduced and retained in present status.
Relates to clean energy, relates to certificate of public convenience
and necessity requirements for projects undertaken by an energy
Assembly utility to comply with federal clear air, water pollution, and other
Transportation, requirements, recovery of project costs through rate adjustments,
Public Works and financial incentives for nuclear energy facilities, a clean energy
Independent portfolio standard program, a clean energy resource study, carbon
Authorities dioxide transmission pipeline development, and the use of eminent
GHG_study NJ A 3458 Cryan (D) Electric Vehicle Charging Stations 10/25/10 11/8/10 Pending Committee domain for such development. 05/12/2011 - Public Law No. 150-2011
Amends the Power Agency Act, amends the definition of renewable
energy resources to include biogas, biosolids, and anaerobic
digestion produced by local government wastewater treatment
GHG_Cap NJ SCR 164 Greenstein (D) Regional Greenhouse Gas Initiative 6/9/11 6/13/11 Adopted Adopted plants in the State, provides for renewable energy credits. 06/24/2011 - *****To GOVERNOR.
Facilitates and promotes installation of grid-connected generation of
renewable energy, supports development of distributed renewable
energy generation systems, reduces environmental impacts,
reduces carbon emissions that contribute to climate change by
encouraging the local siting of renewable energy projects,
diversifies the state's energy generation sources, stimulates
economic development, improves distribution system resilience and 06/29/2011 - Signed by GOVERNOR.;06/29/2011 - Public
Regional_Initiative NJ AR 175 Chivukula (D) Regional Greenhouse Gas Initiative 6/29/11 Pending ASSEMBLY reliability, reduces distribution system costs. Law No. 2011-129
Amends existing law that requires the establishment of a renewable
energy program to provide financial assistance to specified entities
to generate new and renewable energy sources including
renewable biomass, and the Renewables Portfolio Standard
Program which requires a seller of electricity to purchase a 06/23/2011 - Withdrawn from SENATE Committee on
minimum percentage of electricity generated be from renewable NATURAL RESOURCES AND WATER.;06/23/2011 - Re-
energy resources to include biomass. Provides that biomass for referred to SENATE Committee on ENERGY, UTILITIES
RPS NM S 415 Beffort (R) Renewable Energy Cost Limits 2/4/11 Failed - Adjourned SENATE those provisions includes algae. AND COMMUNICATIONS.
Relates to the Renewables Portfolio Standard Program (RPS
program) and the Renewable Energy Resources Program. Relates
to hydroelectric generating facilities in British Columbia. Relates to
the Energy Commission requirement to adopt regulations specifying
procedures for enforcement of the RPS. Relates to the Public
Utilities Commission requirement to determine the effective load 07/06/2011 - From ASSEMBLY Committee on NATURAL
carrying capacity of wind and solar energy resources on the RESOURCES: Do pass to Committee on
RPS NM S 549 Sanchez B (D) Renewable Energy Utility Customer Costs 2/17/11 Enacted Chaptered electrical grid. Extends the compliance date of both requirements. APPROPRIATIONS. RPS
Relates to the Public Utilities Commission and the Renewables
Portfolio Standard Program. Requires the commission to release to 07/13/2011 - From ASSEMBLY Committee on
the Legislature the costs of all electricity procurement contracts for APPROPRIATIONS with author's amendments.;07/13/2011 -
eligible renewable energy resources and all costs for utility-owned In ASSEMBLY. Read second time and amended. Re-
RPS NV BDR 145 Bobzien (D) Renewable Energy Portfolio 7/1/10 Failed - Adjourned Bill Draft Request generation approved by the commission. referred to Committee on APPROPRIATIONS.
Permits municipal electric companies and rural electric cooperatives
that elect to develop and implement a program comparable to the
State's renewable energy portfolio standards to utilize conservation,
Assembly energy efficiency and demand-side management programs, in
Transportation addition to renewable energy resources, to achieve compliance, 01/25/2011 - INTRODUCED.;01/25/2011 - To HOUSE
Mobile_Emissions NY A 864 Colton (D) Hybrid Vehicle Information 1/5/11 Pending Committee provides for an evaluation. Committee on ENERGY.
Senate Defines biosolids as a Class I renewable energy source, defines
Environmental biosolids as a Class I renewable energy source and, in turn, assist
Conservation the public served by the Greater New Haven Water Pollution 04/01/2011 - To JOINT Committee on ENERGY AND
Misc NY S 896 Krueger (D) Climate Change Solutions Program Act 1/4/11 1/5/11 Pending Committee Control Authority. TECHNOLOGY.
Exhibit 186: Energy
EEA Roundup 7/21/11
Assembly Concerns the consideration of new hydroelectricity projects, and, in
Environmental connection therewith, allowing the public utilities commission to
Conservation consider hydroelectricity and pumped hydroelectricity for the
Misc NY A 1266 Ortiz (D) Global Warming Emissions 1/5/11 Pending Committee generation of electricity. 04/04/2011 - Session Law Chaptered. Chapter No. 68
Assembly 04/07/2011 - Committee Substitute reported out of
Environmental Expands the definition of a class I renewable energy source, Legislative Commissioner's Office.;04/07/2011 - Senate
Conservation includes waste heat recovered from a public wastewater treatment Calendar No. 259.;04/07/2011 - Reissued by Legislative
Misc NY A 1646 Kavanagh (D) Climate Change Solutions Fund 1/11/11 Pending Committee plant in the definition of a class I renewable energy source. Commissioner's Office with File No. 438
Requires notification to the Department of Defense of a proposed
energy facility project. Increases the percentage of electricity
generated from renewable sources by specified dates. Specifies the
Assembly duties of the Public Utility Commission related to energy sales by
Corporations, electric corporations. Relates to the renewables portfolio standards
Authorities, and requirements, and utility costs in meeting the requirements.
Commissions Requires a standards requirement verification system. Relates to 04/12/2011 - Signed by GOVERNOR.;04/12/2011 -
GHG_study NY A 679 Magnarelli (D) Greenhouse Gases Research Program 1/4/11 1/5/11 Pending Committee requirements of the ISO. Chaptered by Secretary of State. Chapter No. 1
Relates to renewable energy portfolio standards, allows the energy
output from fuel cells manufactured in the state that run on
renewable fuels to be an eligible resource to fulfill a portion of the
Assembly requirements for a Commission-regulated utility, provides that any
Environmental supplier contracts in place are grandfathered through the transition,
Conservation relates to output, relates to tariff provisions and collection of
Sequestration NY A 3182 Schroeder (D) Program to Enable the Capture of Carbon Dioxide 1/24/11 Pending Committee charges on behalf of a Qualified Fuel Cell Provider Project. 07/07/2011 - Chapter Number 99
Revises legislative intent relating to state's energy policy, provides
legislative intent relating to renewable energy production of
electricity, deletes provisions for renewable portfolio standard &
renewable energy credits, provides mechanism for providers to
recover costs to produce or purchase renewable energy under
certain conditions, exempts renewable energy projects for which 05/07/2011 - In HOUSE. Indefinitely postponed and
cost recovery is provided under mechanism from requirements for withdrawn from consideration.;05/07/2011 - In HOUSE.
Misc OH H 133 Adams J (R) Oil and Gas Leasing on State Lands 3/1/11 Enacted Chaptered determination of need. Died in committee.
02/10/2011 - From HOUSE Committee on ENERGY AND
ENVIRONMENTAL PROTECTION: Do pass.;02/10/2011 -
Amends the definition of renewable electrical energy to include In HOUSE. Read second time.;02/10/2011 - To HOUSE
customer-sited, grid-connected renewable energy generation, Committee on CONSUMER PROTECTION AND
RPS OK S 124 Justice (R) Use of Eminent Domain for Wind Farms 1/5/11 2/7/11 Enacted Chaptered beginning 1/1/15. COMMERCE.
Restricts any new construction of or expansion of existing fossil- 02/14/2011 - From SENATE Committee on ENERGY AND
fueled, electricity-generating facilities unless the electric utility ENVIRONMENT: Do pass as amended.;02/14/2011 - In
company can demonstrate compliance with the renewable energy SENATE. Read second time. Committee amendment
portfolio standards, exempts any retrofit or replacement for the adopted. Senate Draft 1.;02/14/2011 - To SENATE
purposes of improved efficiency or to lower greenhouse gas Committee on COMMERCE AND CONSUMER
Sequestration OK S 629 Jolley (R) Carbon Sequestration 1/27/11 2/7/11 Enacted Chaptered emissions, provides an exemption if an emergency is declared. PROTECTION.
Provides for voluntary portfolio standard goals for renewable
energy, provides for legislative intent and purpose, provides for
definitions, provides for reports, incentives, penalties, and rules and
regulations, provides for a renewable energy credits trading
program, relates to definitions concerning the Georgia
House Judiciary Environmental Finance Authority, to include in the definition of 03/11/2011 - To HOUSE Committee on ENERGY,
Misc OK H 1240 Key (R) Environment And Natural Resources 1/20/11 2/7/11 Pending - Carryover Committee project renewable energy facilities. UTILITIES, AND TELECOMMUNICATIONS.
Relates to public utilities, so as to provide for the establishment of
voluntary portfolio standard goals for renewable energy, provides for
legislative intent and purpose, provides for definitions, provides for
House Energy and reports, incentives, penalties, and rules and regulations, provides
Utility Regulation for a renewable energy credits trading program, provides for a 03/11/2011 - To HOUSE Committee on ENERGY,
Misc OK H 1573 Martin Sc (R) Nuclear Energy 1/20/11 2/7/11 Pending - Carryover Committee registry of producers of renewable energy in this state. UTILITIES, AND TELECOMMUNICATIONS.
Senate Relates to definition of renewable energy resources in utilities law,

Environment and amends the definition of renewable energy resources in utilities law
Natural Resources to add low temperature, oxygen starved gasification of municipal 01/20/2011 - INTRODUCED.;01/20/2011 - To HOUSE
Misc OR S 80 Courtney (D) Greenhouse Gas Emissions Reporting Fees 1/10/11 Failed - Adjourned Committee solid waste. Committee on UTILITIES AND ENERGY.
House
Transportation and
Economic Disapproves and suspends a proposed Constitutional amendment
Development to 4CSR 240-20.100 regarding the Electric Utility Renewable suspension of
Stationary_Emissions OR H 2267 Boone (D) Greenhouse Gas Emissions 1/11/11 Failed - Adjourned Committee Energy Standards Requirements. 01/20/2011 - To HOUSE Committee on RULES. regulation
House Energy,
Environment and Allows electricity produced from small modular reactors to be 01/27/2011 - To HOUSE Special Standing Committee on
RPS OR H 2992 Richardson (R) Hydroelectric Power Qualification 1/11/11 Failed - Adjourned Water Committee included in an electric utility's portfolio requirement. RENEWABLE ENERGY. nuclear for RPS
Joint Committee on Relates to the Electric Utility Renewable Energy Standard suspension of
Stationary_Emissions OR S 79 Courtney (D) Greenhouse Gas Emissions Fees 1/10/11 Failed - Adjourned Ways and Means Requirements. 02/01/2011 - Passed HOUSE. regulation
House Energy,
Environment and 03/07/2011 - Assigned Senate Paper number 302 and LD
RPS OR H 2204 Roblan (D) Wave Energy 1/11/11 Failed - Adjourned Water Committee Improves Maine's renewable portfolio standard. 956
House Energy,
Environment and 03/14/2011 - Assigned House Paper number 824 and LD
RPS OR H 2587 Schaufler (D) Energy 1/11/11 Failed - Adjourned Water Committee Improves Maine's renewable portfolio standard. 1112
Applies a 150% renewable energy credit multiplier to energy
produced by efficient resources as defined under the Maine 04/14/2011 - HOUSE adopts Majority Committee Report:
Revised Statutes, Title 35-A, section 3210, subsection 2, paragraph Ought not to pass.;04/14/2011 - SENATE adopts Majority
Mobile_Emissions OR H 2081 Roblan (D) Greenhouse Gas and Other Vehicle Emissions 1/10/11 Enacted Chaptered A. Committee Report: Ought not to pass.
Modifies the portfolio requirements that competitive electricity
providers must satisfy in selling electricity in this State. This bill
removes all size limits on renewable resources eligible to meet the
portfolio requirements. This bill also adds low carbon emitting 04/14/2011 - HOUSE adopts Majority Committee Report:
resources to the list of resources that are eligible to meet the Ought not to pass.;04/14/2011 - SENATE adopts Majority
RPS OR H 2622 Schaufler (D) Renewable Portfolio Standard 1/11/11 Enacted Chaptered portfolio requirements. Committee Report: Ought not to pass.
House Energy, 04/20/2011 - Hearing conducted.;04/20/2011 - In HOUSE
Environment and Committee on RULES: Voted do pass.;04/20/2011 - From
RPS OR H 3083 Schaufler (D) Hydroelectric Power Qualification 2/1/11 Failed - Adjourned Water Committee Re-establishes provisions relating to renewable energy technology. HOUSE Committee on RULES: Reported do pass.
Senate
Environment and Relates to renewable portfolio standards, amends the definition of
Natural Resources renewable electrical energy to include customer-sited, grid- 04/25/2011 - Signed by GOVERNOR.;04/25/2011 - Act No.
GHG_Cap OR S 585 Whitsett (R) The Western Climate Initiative 2/1/11 Failed - Adjourned Committee connected renewable energy generation. 10
House
Transportation and
Economic Redefines the term renewable energy resources for the purpose of
Development provisions authorizing financial incentives for clean coal and energy 05/13/2011 - Signed by GOVERNOR.;05/13/2011 - Public
Misc OR H 3079 Hunt (D) Public Procurement 2/1/11 Failed - Adjourned Committee projects. Law No. 224-2011
Exhibit 186: Energy
EEA Roundup 7/21/11
Reduces energy prices for consumers, provides that investor-

owned electrical transmission and distribution utilities may enter into
contracts only as agents for their customers, relates to a waiver of
an exemption for sale of electricity to a Pine Tree Development
Zone business, authorizes transmission and distribution utilities to
House Energy, enter into long-term contracts, provides for the Energy Efficiency
Environment and Capacity Contract Account, provides for application to long-term 06/29/2011 - Became law without GOVERNOR'S
RPS OR H 2864 Huffman (R) Hydroelectric Facilities That Generate Electricity 1/11/11 Failed - Adjourned Water Committee contracts for offshore wind and tidal energy. signature.;06/29/2011 - Public Law No. 2011-413
House Repeals the Montana Renewable Power Production and Rural

Environmental Economic Development Act, defines terms, relates to common
Resources and ownership, community renewable energy projects, nameplate
RPS PA H 1775 George (D) Alternative Energy Portfolio Standards 7/12/11 7/18/11 Pending Energy Committee capacity and cooperative utilities. 01/03/2011 - Draft ready for delivery.
Senate
Environmental
Resources and Revises renewable portfolio standard Laws, relates to energy,
Misc PA S 91 Greenleaf (R) Oil and Gas Act 1/12/11 Pending Energy Committee relates to utilities. 01/13/2011 - Assigned HOUSE Bill No. 237.
Senate
Environmental
Resources and Revises renewable portfolio standard laws, relates to energy,
Misc PA S 905 Yudichak (D) Natural Gas Severance Tax Fund 3/28/11 Pending Energy Committee relates to utilities. 02/12/2011 - Assigned SENATE Bill No. 330.
Senate Finance Increases Montana renewable energy portfolio standard, relates to
Misc PA S 1176 Pileggi (R) Natural Gas Drilling Tax and Tax Reduction for Seniors 6/30/11 6/30/11 Pending Committee energy. 02/12/2011 - Assigned SENATE Bill No. 332. RPS
House Finance
Misc PA H 1705 Godshall (R) Natural Gas Severance Tax 6/20/11 6/21/11 Pending Committee Relates to increasing renewable energy portfolio standards. 02/24/2011 - Missed Deadline for General Bill Transmittal.
Senate
Environmental Revises renewable portfolio standard to include hydropower RPS- adds
Resources and expansions, relates to energy, relates to utilities, relates to rule hydropower
RPS PA S 1146 Hughes (D) Alternative Energy Portfolio Standards 6/14/11 6/14/11 Pending Energy Committee making. 04/28/2011 - Vetoed by GOVERNOR. expansions
House
Environmental
Resources and Requires price of any renewable energy credit for sale or use in
Misc PA H 1748 White J (D) Natural Gas Impact Fee 6/27/11 6/28/11 Pending Energy Committee state be listed, relates to energy. 11/15/2010 - Assigned SENATE Bill No. 7. RPS report
Requires electrical generation facilities and utilities that buy or sell
renewable energy credits to file renewable energy credit reports
with the Department of Revenue and the Energy and
Telecommunications Interim Committee, requires the Energy and
Telecommunications Interim Committee to review the report,
provides exceptions to the reports' contents, provides a penalty for
not filing a renewable energy credit report, provides an immediate 04/01/2011 - Signed by GOVERNOR.;04/01/2011 -
Renewables RI H 6104 Ruggiero (D) Public Utilities and Carriers 5/4/11 Enacted Chaptered effective date and an applicability date. Chaptered. Chapter No. 115 RPS report
Repeals the renewable power production and rural economic
GHG_study RI H 5390 Naughton (D) Biofuels Study Commission 2/16/11 Enacted Chaptered development act, relates to state revenue, relates to energy. 04/28/2011 - Died in committee. repeal
Misc TX S 312 Seliger (R) Electric Cooperative Regulations 1/4/11 1/11/11 Enacted Chaptered Relates to renewable energy portfolios. 01/06/2011 - Assigned Bill Number: H 302 RPS
Requires the Board of Public Utilities to review the amount of Class
I alternative energy required to be purchased by providers and
suppliers in each energy year beginning in 2014 and determine
whether the current standards are sufficient for supporting the
development of additional Class I alternative energy resources,
directs the board to initiate a proceeding to evaluate energy
Signed by efficiency portfolio standards, adds new definitions and makes
Misc TX S 365 Ogden (R) Electric Power Generation and Distribution 1/18/11 Enacted Governor changes to several related definitions. 01/10/2011 - Substituted by A 2529. RPS study
Senate Business
and Commerce
Misc TX S 109 Davis W (D) Benefits and Protections for Electric Customers 11/8/10 1/11/11 Failed - Adjourned Committee Modifies the laws relative to renewable energy portfolios. 02/15/2011 - Failed to pass HOUSE.
Signed by Relates to utilities, enacts a new section of the Renewable Energy 03/13/2011 - From SENATE Committee on JUDICIARY: Do
Misc TX S 385 Williams (R) Alternative Fuel Program Funds 1/20/11 Enacted Governor Act to provide for cost limits. pass.
Amends the Renewable Energy Act to provide a cap on additional
costs to all customers complying with the renewable portfolio
standard, provides that any customer that is a political subdivision
with consumption exceeding 20 million kilowatt-hours per year at
any single facility that owns renewable energy generation is exempt
from all charges by the utility for renewable energy procurements in
Signed by a year, regardless of the number of customer on the system if 04/06/2011 - Signed by GOVERNOR.;04/06/2011 -
Misc TX S 943 Carona (R) Energy Storage Equipment 2/24/11 Enacted Governor specified renewable energy development occurs. Chaptered. Chapter No. 2011-93
Amends the definition of "renewable energy resource" that pertains
to the Renewable Energy and Energy Efficiency Portfolio Standard
(REPS) to clarify that plantation-grown wood is a renewable energy
resource, repeals REPS requirement for poultry waste resources,
(3) clarify current limitations on city and county ordinances and
deed restrictions that regulate the installation of solar collectors for 04/07/2011 - INTRODUCED.;04/07/2011 - To HOUSE
GHG_Cap TX H 3188 Larson (R) Greenhouse Gas Regulatory Program 3/10/11 Failed - Adjourned HOUSE residential property. Committee on COMMERCE and JOB DEVELOPMENT.
Changes to a mandate the current option that an electric public
utility meet up to twenty-five percent of its renewable energy and
energy efficiency portfolio standard (REPS) requirements through
savings due to implementation of energy efficiency measures
through calendar year 2020 and, beginning in calendar year 2021,
House Ways and meet up to forty percent of its reps requirements through savings 04/07/2011 - INTRODUCED.;04/07/2011 - To HOUSE
Misc TX H 355 Burnam (D) Coal Loading Fee Imposition 11/29/10 1/11/11 Failed - Adjourned Means Committee due to implementation of energy efficiency measures. Committee on PUBLIC UTILITIES.
Requires an electric public utility to meet twenty-five percent and no
more of its renewable energy and energy efficiency portfolio
standard (REPS) requirements through savings due to
implementation of energy efficiency measures through calendar
year 2020 and, beginning in calendar year 2021, meet forty percent
Signed by and no more of its reps requirements through savings due to 04/20/2011 - INTRODUCED.;04/20/2011 - To SENATE
Misc TX S 20 Williams (R) Grant Program for Certain Natural Gas Motor Vehicles 3/10/11 Enacted Governor implementation of energy efficiency measures. Committee on COMMERCE.
Signed by Promotes the use of electricity demand reduction to satisfy 04/28/2011 - Signed by GOVERNOR.;04/28/2011 - Session
Misc TX H 1981 Smith W (R) Emissions Reporting 3/1/11 Enacted Governor renewable energy portfolio standards. Law Number 2011-55
Signed by Creates a Renewable Energy Portfolio standard for municipal
Mobile_Emissions TX H 3268 Lyne (R) Stationary Natural Gas Engine Emissions 3/11/11 Enacted Governor utilities and utility cooperatives. 07/01/2010 - FILED.
Relates to the power of eminent domain, relate to granting the
power of eminent domain to furnish light, heat, or power by
electricity or gas, prohibits the use of eminent domain for 05/10/2011 - Signed by GOVERNOR.;05/10/2011 - Chapter
GHG_Cap UT H 350 Harper (R) Short Title - Environmental Regulations 2/5/11 Failed - Adjourned HOUSE development of wind farms or wind turbines on private property. No. 124
Allows small hydroelectric facilities that are owned by consumer-
owned utilities and that became operational before 1995 to qualify 01/21/2011 - To HOUSE Committee on ENERGY,
Misc VA H 2123 Poindexter (R) Coal Surface Mining and Pollution Elimination Permits 1/12/11 Enacted Chaptered for renewable portfolio standard. ENVIRONMENT AND WATER.
Exhibit 186: Energy
EEA Roundup 7/21/11
Repeals provisions requiring that before issuing site certificate for
nuclear-fueled thermal power plant, Energy Facility Siting Council
must find that repository for disposal of waste produced by plant is
licensed to operate by federal government, repeals provisions
requiring that proposal by council to issue site certificate must be
approved by voters, provides that electricity generated utilizing
nuclear fission may be used to comply with renewable portfolio 01/21/2011 - To HOUSE Committee on ENERGY,
Misc VA H 2117 Armstrong (D) Electric Utility Regulation 1/12/11 Failed Died standard. ENVIRONMENT AND WATER.
Removes all restrictions on use of hydroelectric power to qualify for 01/21/2011 - To HOUSE Committee on ENERGY,
Misc VA H 2446 Cosgrove (R) Renewable Energy Portfolio Standard Program 1/19/11 Failed Died renewable portfolio standard. ENVIRONMENT AND WATER.
Removes all restrictions on use of hydroelectric power to qualify for 02/07/2011 - To HOUSE Committee on ENERGY,
Mobile_Emissions VA S 833 Petersen (D) Fuel Efficiency Index 1/7/11 1/12/11 Failed Died renewable portfolio standard. ENVIRONMENT AND WATER.
Requires each investor-owned electric utility and distribution
cooperative to participate in a renewable energy portfolio standard
program commencing with calendar year 2013, Under the program,
each utility is required to generate renewable energy or to purchase
renewable energy certificates, or both, in amounts that start in 2013
at three percent of the total electric energy sold in the base year of
2007 and that increase to 20 percent of such amount in 2020 and
RPS VA S 1392 Puckett (D) Renewable Energy Portfolio Standard Program 1/17/11 Enacted Chaptered thereafter. 02/08/2011 - Left in committee.
Requires each electric company to maintain specified generating
capacity from qualifying wave energy systems on or before January
1, 2020, increases generating capacity requirement in five-year
intervals until January 1, 2040, allows electric companies to set
rates to recover reasonable return on investment in systems, allows
electric companies to use systems to comply with renewable
GHG_Cap VA H 2470 Morefield (R) Department of Environmental Quality 1/21/11 Failed Died portfolio standard established by statute. 02/17/2011 - Filed as Draft 1838
Relates to electric utility ratemaking incentives for coalbed methane
gas, authorizes investor-owned electric utilities to earn an enhanced
rate of return, equal to 150 basis points above the authorized rate of
return, on their investments in generation facilities that are fired at
least 50 percent by coalbed methane gas produced from Virginia
RPS VA S 875 Stuart (R) Renewable Portfolio Standards 1/10/11 1/12/11 Failed Died wells. 03/22/2011 - Acts of Assembly. Chapter No. 371.
Specifies that, when a facility that burned coal as its fuel source
completely ceases to burn coal and converts to generating
electricity from renewable energy source, the facility may use
electricity from renewable energy source to comply with renewable 06/02/2011 - Signed by GOVERNOR.;06/02/2011 -
Misc VA H 2118 Armstrong (D) Electric Utility Regulation 1/12/11 Failed Died portfolio standard. Chaptered. Chapter No. 225
Amends the act of November 30, 2004 (P.L.1672, No.213), known
as the Alternative Energy Portfolio Standards Act, provides for 06/14/2011 - INTRODUCED.;06/14/2011 - To SENATE
definitions and for alternative energy portfolio standards, makes a Committee on ENVIRONMENTAL RESOURCES AND
RPS VA H 2353 Morrissey (D) Renewable Energy Portfolio Standard Program 1/12/11 Failed Died related repeal. ENERGY.
Amends the act of November 30, 2004 (P.L.1672, No.213), known 07/18/2011 - INTRODUCED.;07/18/2011 - To HOUSE
as the Alternative Energy Portfolio Standards Act, provides for Committee on ENVIRONMENTAL RESOURCES AND
RPS VA H 2237 Morefield (R) Electrical Ratemaking for Coalbed Methane Gas 1/12/11 Enacted Chaptered alternative energy portfolio standards. ENERGY.
Removes the requirement that utilities participating in a renewable
portfolio standard (RPS) program collectively use no more than 1.5
million tons of forest products such as wood chips, bark, and
sawdust each year towards meeting renewable portfolio standards
Misc VT H 56 Klein (D) Energy Act of 2011 1/14/11 Enacted Chaptered goals. 02/07/2011 - In SENATE Committee: Passed by indefinitely.
Relates to utility rulemaking incentives and coalbed methane gas,
authorizes investor-owned electric utilities to earn an enhanced rate
of return, equal to 150 basis points above the authorized rate of
Senate Natural return, on its investments in generation facilities that are fired at
Resources and least 50 percent by coalbed methane gas produced from Virginia
Misc VT P 2 Galbraith (D) Environmental Rights 1/24/11 Pending - Carryover Energy Committee wells. 03/22/2011 - Acts of Assembly. Chapter No. 380.
01/12/2011 - To HOUSE Committee on ENERGY,
INDUSTRY AND LABOR, ECONOMIC DEVELOPMENT
Misc WA S 5564 Delvin (R) Nuclear Energy Facilities 1/28/11 Pending - Carryover SENATE West Virginia Renewable Energy Act. AND SMALL BUSINESS.
01/12/2011 - To HOUSE Committee on ENERGY,
Relates to the Renewable Portfolio Standards Sustainable Energy INDUSTRY AND LABOR, ECONOMIC DEVELOPMENT
Renewables WA S 5575 Hatfield (D) Biomass Energy Facilities as Renewable Source 1/28/11 Pending - Carryover SENATE Act. AND SMALL BUSINESS.
Repeals certain sections of the Alternative and Renewable Energy Committee on ENERGY, INDUSTRY AND LABOR,
RPS WA H 1125 Haler (R) Hydroelectric Generation As a Renewable Energy Resource 1/12/11 Pending - Carryover HOUSE Portfolio Act. ECONOMIC DEVELOPMENT AND SMALL BUSINESS.
Concerns the transportation and underground storage of carbon
RPS WA H 1890 Klippert (R) Energy Costs and Renewable Energy Requirements 2/7/11 Pending - Carryover HOUSE dioxide. 03/29/2011 - Withdrawn from further consideration.
Relates to economic development, directs the Energy and
Environment Cabinet to seek projects demonstrating injection of
carbon dioxide into geologic storage, provides a process for pooling
of pore space necessary to create underground carbon storage
Senate reservoirs, create a process whereby ownership of and liability for
Environment, stored carbon dioxide will pass to the federal or state government,
Water & Energy provides for reservoirs that cross state lines, authorizes the
RPS WA S 5964 Holmquist (R) Utilities 5/25/11 Pending - Carryover Committee divisions to seek primary jurisdiction and authority. 04/01/2011 - Act No. 24
Reduces energy costs to the citizens of Washington state through
temporarily lowering renewable energy requirements during the 04/26/2011 - 2011 FIRST SPECIAL SESSION
current economic downturn and recognizing hydroelectric ACTION.;04/26/2011 - By Order of Resolution -
GHG_Cap WA S 5769 Rockefeller (D) Coal-Fired Electric Generation Facilities 2/10/11 Enacted Chaptered generation as a renewable resource. Reintroduced and retained in present status.
Recognizes hydroelectric generation as a renewable energy 04/26/2011 - 2011 FIRST SPECIAL SESSION
resource in existing law to help stabilize energy prices for state ACTION.;04/26/2011 - By Order of Resolution -
GHG_Cap WA H 1948 Shea (R) State Energy Freedom Act 2/11/11 Pending - Carryover HOUSE residents and to protect clean air and water. Reintroduced and retained in present status.
Narrows the requirement that utilities purchase electricity,
renewable energy credits, or electric generating facilities that are 05/25/2011 - INTRODUCED.;05/25/2011 - To HOUSE
Misc WA H 1513 Nealey (R) Construction of Nuclear Energy Facilities 1/24/11 Pending - Carryover HOUSE not needed to serve their customers' loads. Committee on ENVIRONMENT.
Narrows the requirement that utilities purchase electricity,
renewable energy credits, or electric generating facilities that are 05/25/2011 - INTRODUCED.;05/25/2011 - To SENATE
Misc WA S 5478 Holmquist (R) Minimum Renewable Fuel Content Requirements 1/26/11 Pending - Carryover SENATE not needed to serve their customers' loads. Committee on ENVIRONMENT, WATER AND ENERGY.
Relates to the Carbon Dioxide Transportation and Sequestration
Act, provides for a certificate of authority to construct and operate a
carbon dioxide pipeline, relates to an owner or operator of a pipeline
used to sequester carbon dioxide produced by a clean coal facility,
House clean coal SNG facility, and other sources, requires construction
Environment and maintenance of pipelines in a manner that poses no risk to 05/27/2011 - SENATE concurred in HOUSE Amendment
RPS WA H 2124 Nealey (R) Utilities 5/25/11 Pending - Carryover Committee employees or the public. No. 1 & 2.;05/27/2011 - Passed Both Houses.
Relates to eligibility of hydroelectric resources under the renewable
portfolio standard, provides for issuance of final licenses for named
Misc WA S 5509 Kline (D) Carbon Dioxide Emissions 1/26/11 Pending - Carryover SENATE projects, relates to small hydroelectric facilities. 07/05/2011 - Act No. 2011-34
Relates to a pilot program to enable the capture and storage of
carbon dioxide, establishes the carbon capture and sequestration
act, applies only to a municipally-owned electric generating facility
that has submitted a complete application to the department of 01/24/2011 - INTRODUCED.;01/24/2011 - To ASSEMBLY
Stationary_Emissions WI S 111 Joint Cmte on Administrative
Regulation
Rules
of Indirect Sources of Air Pollution 5/26/11 Pending SENATE environmental conservation by December 31, 2010. Committee on ENVIRONMENTAL CONSERVATION.
Exhibit 186: Energy
EEA Roundup 7/21/11
Assembly Rules Studies terrestrial carbon sequestration, relates to environmental 02/07/2011 - Assigned HOUSE JOINT RESOLUTION No.
Stationary_Emissions WI A 159 Joint Cmte on Administrative
IndirectRules
Sources of Air Pollution Regulation 5/27/11 Pending Committee protection, relates to interim studies legislature. 11.
Senate Judiciary,
Utilities,
Commerce, and Creates the Geologic Sequestration of Carbon Dioxide Act,
Government specifies duties and powers of the Oil and Gas Board in respect to 03/08/2011 - Recommitted to SENATE Committee on OIL,
Operations geologic sequestration of carbon dioxide, requires board approval GAS AND OTHER MINERALS.;03/08/2011 - Died in
Misc WI S 102 Hopper (R) Public Service Commission 5/24/11 Pending Committee for use of a reservoir for carbon dioxide storage. committee.
Creates the Geologic Sequestration of Carbon Dioxide Act,
specifies duties and powers of the Oil and Gas Board, provides for
approval for geologic sequestration of carbon dioxide and the
operation of a geologic sequestration facility within a reservoir in the
State, the regulation of the development of such facilities and
related pipelines, enforcement of the Safe Drinking Water Act,
conversion of certain enhanced oil or gas recovery operations, and
RPS WI S 81 Lasee F (R) Hydroelectric Resources Eligibility 4/28/11 Enacted Chaptered related matters, provides for sequestration fees. 05/09/2011 - Chapter No. 437
House Energy,
Industry and Labor,
Economic Establishes certain requirements related to carbon dioxide
Development and emissions that must be met before applicant seeking to construct
Small Business liquefied natural gas terminal may be issued specified permits and 01/21/2011 - To HOUSE Committee on TRANSPORTATION
RPS WV H 2915 Andes (R) Alternative and Renewable Energy Portfolio Act 1/28/11 Failed - Adjourned Committee authorizations. AND ECONOMIC DEVELOPMENT.
Prohibits the construction or operation of any new electricity
generating facility using fossil fuel, except under extraordinary
circumstances, as determined by the PUC, or when the electric
generation unit has rated capacity of less than 2 megawatts and is 01/24/2011 - To HOUSE Committee on ENERGY AND
Misc WV S 353 Klempa (D) Tax on Gas From Marcellus Shale 1/31/11 Failed - Adjourned SENATE used primarily to serve a facility's own internal operation. ENVIRONMENTAL PROTECTION.
House Energy,
Industry and Labor,
Economic
Development and Establishes specific performance standards and mandates the use
Small Business of cool roofs on all new residential and commercial construction in
RPS WV H 2056 Guthrie (D) West Virginia Renewable Energy Act 1/12/11 Failed - Adjourned Committee Hawaii beginning in 2012. 02/24/2011 - In Committee: Measure Deferred.
03/09/2011 - From SENATE Committee on ENVIRONMENT
Requires Environmental Quality Commission to establish AND NATURAL RESOURCES: Do pass with
greenhouse gas emissions fees for sources subject to federal amendment.;03/09/2011 - Printed A Engrossed
House Judiciary operating permit program, declares emergency, effective on Text.;03/09/2011 - To JOINT Committee on WAYS AND
Stationary_Emissions WV H 2899 Brown (D) Stationary Sources of Air Pollution 1/27/11 Failed - Adjourned Committee passage. MEANS. GHG fee
House Energy,
Industry and Labor,
Economic
Development and Concerns greenhouse gases produced by residential, state and
Small Business municipal buildings, reduces lost energy from Older homes and
Misc WV H 2554 Howell (R) Coal and Use Act 1/19/11 Failed - Adjourned Committee buildings. 03/25/2011 - Failed Joint Favorable deadline.
House Energy,
Industry and Labor,
Economic
Development and
Small Business Relates to energy, removes ban on increased carbon dioxide
RPS WV H 2401 Fleischauer (D) Renewable Portfolio Standards Sustainable Energy Act 1/12/11 Failed - Adjourned Committee emissions by utilities. 04/18/2011 - Indefinitely postponed. See S.B. 86
Relates to carbon sequestration, removes references to improved
agricultural practices in provisions declaring legislative intent
relating to carbon sequestration, abolishes the Carbon
Sequestration Advisory Committee, transfers certain duties to the
Oklahoma Conservation Commission, makes changes concerning
carbon sequestration certification, clarifies the ownership of pore
House Judiciary space, provides for an assessment of public lands for sequestration
Misc WV H 2403 Manchin (D) Marcellus Gas Well Operations 1/12/11 Failed - Adjourned Committee potential. 05/18/2011 - Chapter No. 264
Relates to the regulation of indirect sources of air pollution and the
suspension of a rule promulgated by the Department of Natural 06/29/2011 - In SENATE. Report of JOINT Committee FOR
Misc WY S 92 Bebout (R) Natural Gas Storage 1/11/11 Enacted Chaptered Resources. REVIEW OF ADMINISTRATIVE RULES received.
Relates to the regulation of indirect sources of air pollution and the 07/07/2011 - From ASSEMBLY Committee on NATURAL
suspension of a rule promulgated by the Department of Natural RESOURCES: Without recommendation.;07/07/2011 - To
Misc WY H 176 Miller (R) Sales and Use Taxes with Nuclear Energy 1/18/11 Failed SENATE Resources. ASSEMBLY Committee on RULES.
Relates to authorizing
the Department of
Environmental
Protection to
promulgate a
legislative rule relating
to permits for
construction and major
modification of major
stationary sources of 01/27/2011 -
air pollution for the INTRODUCED.;01/27/
prevention of 2011 - To HOUSE
significant Committee on
deterioration. JUDICIARY.
Exhibit 186: Environment
EEA Roundup 7/21/11
Urges the federal government to lift the moratorium on
offshore drilling in the gulf of Mexico and expedite the 05/25/2011 - From SENATE Committee on RULES: Reported
Misc AL SR 137 Williams Ph (R) Legislative Resolution 5/24/11 Adopted Adopted renewal of licenses and permits for offshore drilling. favorably.;05/25/2011 - Passed SENATE.
Failed - Protects Arkansas water in areas affected by gas drilling
Water_Quality AR H 1394 Webb (D) Arkansas Water and Gas Drilling Operations 2/11/11 Adjourned Withdrawn operations. 03/24/2011 - WITHDRAWN by Author.
Failed - Protects air quality in the vicinity of natural gas drilling
Misc AR H 1395 Webb (D) Air Quality in Vicinity of Natural Gas Drilling 2/11/11 Adjourned Withdrawn fields. 03/25/2011 - WITHDRAWN by Author.
Relates to large electronics recycling program, provides
for a computer monitor, desktop computer or television of
a specified size, exempts automobile parts, industrial and
medical equipment, telephones, PDAs, washers, dryers,
refrigerators, microwaves and air conditioners, prohibits
sale of a covered electronic device that is not labeled with 01/24/2011 - To HOUSE Committee on COMMERCE.;01/24/2011 -
a brand and the label is permanently affixed and readily Additionally referred to HOUSE Committee on
Failed - House Commerce visible and the brand is included in the plan that is filed ENVIRONMENT.;01/24/2011 - Additionally referred to HOUSE
EPR AZ H 2425 Farley (D) Large Electronics Recycling Program 1/18/11 Adjourned Committee with the department. Committee on RULES.
Requires a producer of household batteries, acting
individually or through a household battery stewardship
organization, to implement a used household battery
stewardship program, containing specified elements.
Allows a registered hazardous waste transporter to elect
to submit a transition project or stewardship plan on
behalf of one or more producers. Requires the transporter 04/11/2011 - From ASSEMBLY Committee on NATURAL RESOURCES
Assembly Natural to comply with specified provisions. Requires a with author's amendments.;04/11/2011 - In ASSEMBLY. Read second
Resources government entity providing a recycling location to time and amended. Re-referred to Committee on NATURAL
EPR CA A 1189 Mendoza (D) Recycling: Batteries 2/18/11 Pending Committee provide for battery collection. RESOURCES.
Amends existing law that establishes the Green Ribbon
Science Panel and authorizes the panel to take various
actions in assisting the Department of Toxic Substances
Control with regard to identifying, evaluating, and
Assembly responding to chemicals of concern in consumer
Environmental products. Authorizes the panel to form subgroups to
Safety and Toxic consider and report to the full panel and the department
Materials on specific priority topics identified by the department. 04/28/2011 - To ASSEMBLY Committee on ENVIRONMENTAL SAFETY
Chemicals CA S 178 Simitian (D) Hazardous Materials: Green Chemistry 2/7/11 Pending Committee Limits the number of subgroup meetings. AND TOXIC MATERIALS.
Requires plastic bag use to be reduced by an unspecified

percent by an unspecified year. Establishes a mandatory
level of recycled content in plastic bags according to a
specified schedule. Requires the Department of
Resources Recycling and Recovery to establish a
Senate working group of stakeholders to develop strategies for
Environmental increasing the recycling of plastic bags and develop 05/02/2011 - In SENATE Committee on ENVIRONMENTAL QUALITY:
Plastic_Bags CA S 915 Calderon R (D) Recycling: Plastic Bags 2/18/11 Pending Quality Committee suggestions for funding increased consumer awareness. Not heard.
Requires the manufacturer of household mercury-
containing lamps individual or through a stewardship
organization to prepare and submit to the Department of
Resources Recycling and Recovery for approval a
stewardship plan for a recovery program for the
Assembly management of end-of-life lamps. Requires a point of
Environmental sale stewardship fee. Requires the department of review
Safety and Toxic and approve the plan within a specified time period after
Recycling: Household Mercury-Containing Materials receipt of the plan. Prohibits the sale of such lamps on a 06/28/2011 - In ASSEMBLY Committee on ENVIRONMENTAL SAFETY
Chemicals CA S 589 Lowenthal A (D) Lamps 2/17/11 Pending Committee specified list. AND TOXIC MATERIALS: Not heard.
Requires retailers to provide health risk information for
pesticides, herbicides and fertilizers, reduces overuse of
pesticides, herbicides and fertilizers and limit exposure to
potentially dangerous chemicals that have been linked to
Chemicals CT H 5369 Steinberg (D) Health Risk Information 1/18/11 Failed Died leukemia and cancers. 03/25/2011 - Failed Joint Favorable deadline.
Establishes a paint stewardship program to reduce the
generation of post-consumer paint, promote the reuse
and recycling of such paint, and provide for the
negotiation and execution of agreements to collect,
transport, reuse, recycle, burn for energy recovery and
dispose of such paint using environmentally sound
management practices, provides for an assessment on 05/25/2011 - Enrolled PUBLIC ACT No. 11-24.;06/03/2011 - Signed by
EPR CT S 828 Joint Environment Paint Stewardship Program 1/25/11 Enacted Chaptered each container of architectural paint sold in the state. GOVERNOR.;06/03/2011 - Public Act No. 11-24
Establishes a permitting program for a commercial project
that involves quarrying on property that consists of one
hundred or fewer acres and that is located in a
municipality that has a town meeting form of government
and a specified population, requires a statement of
environmental compatibility, provides that the
commissioner shall not grant a permit if the project may
adversely affect the quantity or quality of any surface
Water_Quality CT H 5526 Davis (D) Commercial Quarrying Permits 1/19/11 Enacted Chaptered water or groundwater. 07/13/2011 - Public Act No. 11-190
Relates to waste management, so as to enact the

"Georgia Manufacturer Responsibility and Consumer
Convenience Information Technology Equipment
Collection and Recovery Act", provides for findings by the
General Assembly, provides definitions, requires a certain
House Natural label on a television or computer device sold by a
Resources and manufacturer, provides that the Board of Natural
Pending - Environment Resources shall promulgate certain rules and regulations, 04/14/2011 - INTRODUCED.;04/14/2011 - To HOUSE Committee on
EPR GA H 657 Holcomb (D) Georgia Manufacturer Responsibility 4/14/11 Carryover Committee provides an effective date, repeals conflicting laws. NATURAL RESOURCES AND ENVIRONMENT.
Requires the Department of Health to develop and
Pending - In Multiple implement a voucher system for the collection of used 01/24/2011 - Subsequent referral set for: HOUSE Committee on
EPR HI H 498 Awana (D) Waste Disposal 1/21/11 Carryover Committees vehicle tires. FINANCE.
EEA Roundup 7/21/11
House Energy and

Environmental
Pending - Protection 01/24/2011 - To HOUSE Committee on ENERGY AND
EPR HI H 486 Lee M (D) Alkaline Battery Recycling 1/21/11 Carryover Committee Establishes recycling program for alkaline batteries. ENVIRONMENTAL PROTECTION.
Prohibits the manufacture, sale, or distribution of child
care products and toys for young children that contain
Pending - House Health bisphenol-A or phthalates, requires manufacturers to
Chemicals HI H 683 Mizuno (D) Toxic Products 1/21/11 Carryover Committee choose safe alternatives. 01/24/2011 - To HOUSE Committee on HEALTH.
Pending - House Health Prohibits the sale, manufacture, and distribution in the
Chemicals HI H 722 Mizuno (D) Cadmium 1/21/11 Carryover Committee State of children's products that contain cadmium. 01/24/2011 - To HOUSE Committee on HEALTH.
Senate Energy
Pending - and Environment
EPR HI S 633 Kidani (D) Alkaline Battery Recycling 1/21/11 Carryover Committee Establishes recycling program for alkaline batteries. 01/24/2011 - To SENATE Committee on ENERGY AND ENVIRONMENT.
Prohibits the manufacture, sale, or distribution of child
care products and toys for young children that contain
Pending - Senate Health bisphenol-A or phthalates, requires manufacturers to
Chemicals HI S 915 Chun Oakland (D) Toxic Products 1/21/11 Carryover Committee choose safe alternatives. 01/24/2011 - To SENATE Committee on HEALTH.
Pending - Senate Health Prohibits the sale, manufacture, and distribution in the
Chemicals HI S 916 Chun Oakland (D) Cadmium 1/21/11 Carryover Committee State of children's products that contain cadmium. 01/24/2011 - To SENATE Committee on HEALTH.
Prohibits the manufacturing, sale, or distribution of drink
and food containers for young children containing certain
Pending - Senate Health toxic chemicals and requires manufacturers to use the
Chemicals HI S 930 Chun Oakland (D) Toxic Products 1/21/11 Carryover Committee least toxic alternatives. 01/24/2011 - To SENATE Committee on HEALTH.
Pending - Senate Health Bans the addition of products, substances, or chemicals
Water_Quality HI S 862 Slom (R) Water Supply 1/21/11 Carryover Committee to the public water supply. 01/24/2011 - To SENATE Committee on HEALTH.
Pending - House Health toxic chemicals and requires manufacturers to use the
Chemicals HI H 1194 Thielen (R) Toxic Products 1/25/11 Carryover Committee least toxic alternatives. 01/26/2011 - To HOUSE Committee on HEALTH.
House Energy and

Environmental Makes the use of recyclable, compostable, and reusable
Pending - Protection checkout bags mandatory for businesses with gross 01/28/2011 - To HOUSE Committee on ENERGY AND
Plastic_Bags HI H 1401 Jordan (D) Environmental Protection 1/26/11 Carryover Committee annual sales of $250,00 or more. ENVIRONMENTAL PROTECTION.
House Energy and

Environmental
Pending - Protection 01/28/2011 - To HOUSE Committee on ENERGY AND
Plastic_Bags HI H 1601 Nishimoto (D) Recycling 1/26/11 Carryover Committee Creates a ban on plastic bags effective July 1, 2012. ENVIRONMENTAL PROTECTION.
Pending - House Health toxic chemicals and requires manufacturers to use the
Chemicals HI H 1261 Mizuno (D) Toxic Products 1/25/11 Carryover Committee least toxic alternatives. 01/28/2011 - To HOUSE Committee on HEALTH.
Requires the Department of Agriculture (DOA) to publish
an annual report on pesticide use in the State including
investigations of health complaints by the Department of
Pending - Health, requires users of pesticides to report usage to
Chemicals HI H 1387 Morita (D) Pesticides 1/26/11 Carryover HOUSE DOA, permits DOA to impose a fee to recover costs. 02/02/2011 - In Committee: Public Hearing Scheduled. Misc
Requires retailers of compact fluorescent light (CFL)
bulbs to post signs with certain information by 1/1/2012,
requires manufacturers of CFL bulbs to manage their CFL
bulb waste by 1/1/2012 and submit a waste management
Pending - plan by 1/1/2012, requires the Department of
EPR HI S 197 Gabbard (D) Waste 1/21/11 Carryover SENATE Transportation to provide guidance for the plan. 02/08/2011 - In Committee: Measure Deferred.
Pending - Requires businesses in the State to distribute only paper
Plastic_Bags HI S 1370 Ihara (D) Environmental Protection 1/25/11 Carryover SENATE biodegradable plastic or compostable checkout bags. 02/08/2011 - In Committee: Measure Deferred.
Prohibits the manufacturing, sale, or distribution of toys
and child care articles containing certain toxic chemicals
Pending - and requires manufacturers to use the least toxic
Chemicals HI H 208 Wooley (D) Toxic Products 1/20/11 Carryover HOUSE alternatives. 02/15/2011 - In Committee: Measure Deferred.
Allows the Department of Natural Resources to submit a
product stewardship report to the General Assembly by
January 15 of each year, provides that the report is
required to identify products and product categories that
when generated as waste may be appropriately managed
under a product stewardship program, concerns product
House Natural stewardship program is defined as a program financed
Pending - Resources without a visible fee at purchase which is either managed 01/24/2011 - In HOUSE Committee on NATURAL RESOURCES:
EPR IA H 80 Isenhart (D) Produce Stewardship Report 1/21/11 Carryover Committee or provided by producers. Subcommittee assignments: Arnold, Gaskill, and Van Engelenhoven
Relates to the use of bisphenol A in certain products,
provides that the bill, beginning January 1, 2012, prohibits
the manufacture, sale, or distribution of any reusable food
or beverage container containing bisphenol A, provides
that the bill, beginning January 1, 2012, prohibits the
manufacture, sale, or distribution of any infant formula or
baby food stored in a plastic container, can, or jar
Pending - House Commerce containing bisphenol A, requires manufacturers to use the 02/02/2011 - In HOUSE Committee on COMMERCE: Subcommittee
Chemicals IA H 147 Isenhart (D) Use of Bisphenol A in Certain Products 1/27/11 Carryover Committee least toxic alternative when. assignments: Grassley, Paustian, and Quirk
Creates the Plastic Bag and Film Recycling Act, provides
for certain legislative findings, definitions, registration
fees, manufacturer labeling, recycling plans, retailer
Senate Third requirements, responsibilities of the implementing 05/06/2011 - In SENATE. Rule 2-10 Third Reading Deadline Established
EPR IL S 102 Link (D) Plastic Bag and Film Recycling Act 1/27/11 Pending Reading agency, recycled content requirements, and penalties. As May 31, 2011.
Relates to environmental review of hydraulic fracturing,
requires a drilling operator that performs hydraulic
fracturing on certain Class II Wells to submit an
environmental compliance plan to the Department of
Natural Resources for review and approval, requires a
House Natural drilling operator that performs hydraulic fracturing to
Failed - Resources disclose chemical constituents used in the hydraulic 01/05/2011 - INTRODUCED.;01/05/2011 - To HOUSE Committee on
Hydraulic_Fracturing IN H 1049 Moses (D) Environmental Review of Hydraulic Fracturing 1/5/11 Adjourned Committee fracturing process. NATURAL RESOURCES.
EEA Roundup 7/21/11
Relates to unused medication, requires the Board of
Pharmacy to adopt rules concerning a returning unused
medication program, provides for participation by health
facilities and pharmacies, provides civil liability immunity
for an entity or employee of an entity who participates in a
program, except for certain intentional misconduct and drug
EPR IN H 1121 Mahan (R) Unused Medication 1/6/11 Enacted Chaptered the enforcement of certain rules. 05/11/2011 - Public Law No. 119-2011 takeback
House Veterans,
Military Affairs, Relates to cadmium, restricts the amount of cadmium that
Failed - and Public Safety can be contained in articles for use and consumption by 02/14/2011 - To HOUSE Committee on VETERANS, MILITARY AFFAIRS
Chemicals KY H 443 Marzian (D) Cadmium 2/10/11 Adjourned Committee children, establishes civil penalty. AND PUBLIC SAFETY.
Chemicals MA HD 526 Kaufman (D) Use of the Most Dangerous Pesticides 1/18/11 Pending HOUSE Prevents the use of the most dangerous pesticides. 01/18/2011 - Assigned HOUSE Bill No. 228 Misc
Requires the operator of specified stores to establish an
at-store recycling program for plastic carryout bags,
House requires specified stores to print or display specified
Environmental language on plastic carryout bags, requires specified
Failed - Matters stores to provide collection bins for the recycling of plastic
Plastic_Bags MD H 341 Lafferty (D) Recycling Program 2/2/11 Adjourned Committee carryout bags. 02/02/2011 - To HOUSE Committee on ENVIRONMENTAL MATTERS.
Prohibits low phosphorous fertilizers from being used on
established turf, prohibits specialty fertilizers from being
labeled for specified uses on or after April 1, 2012,
provides an exception, requires the Department of
Agriculture, in cooperation with the University of
Senate Education, Maryland, to adopt regulations on or after April 1, 2012,
Health & that require signs to be posted where specialty fertilizer is
Failed - Environmental sold or distributed, requires the sign to contain specified 02/04/2011 - INTRODUCED.;02/04/2011 - To SENATE Committee on
Chemicals MD S 546 Young (D) Low Phosphorous Fertilizers 2/4/11 Adjourned Affairs Committee information. EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS. Misc
Prohibits a store from providing disposable carryout bags

unless the bags meet specified requirements, requires a
store to charge and collect a fee for each disposable
Senate Education, carryout bag the store provides to a customer, requires
Health & the operator of a store to remit a specified amount of 02/04/2011 - INTRODUCED.;02/04/2011 - To SENATE Committee on
Failed - Environmental money to the Comptroller, requires the Comptroller to EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS.;02/04/2011 -
Plastic_Bags MD S 602 Raskin (D) Disposable Carryout Bags 2/4/11 Adjourned Affairs Committee distribute specified amounts of money. To SENATE Committee on FINANCE.
Senate Education, Prohibits a person from using, selling, or distributing
Health & commercial feed intended for use as poultry feed that
Failed - Environmental contains roxarsone or any other additive that contains 02/04/2011 - To SENATE Committee on EDUCATION, HEALTH AND
Chemicals MD S 417 Pinsky (D) Commercial Feed 2/4/11 Adjourned Affairs Committee arsenic. ENVIRONMENTAL AFFAIRS. Misc
Prohibits a store from providing disposable carryout bags
unless the bags meet specified requirements, requires a
store to charge and collect a fee for each disposable
carryout bag the store provides to a customer, requires
the operator of a store to remit a specified amount of
money to the Comptroller, requires the Comptroller to
House distribute specified amounts of money to the Department
Environmental of Labor, Licensing, and Regulation, Chesapeake Bay 02/11/2011 - INTRODUCED.;02/11/2011 - To HOUSE Committee on
Failed - Matters Trust, and Department of Human Resources for specified ENVIRONMENTAL MATTERS.;02/11/2011 - To HOUSE Committee on
Plastic_Bags MD H 1034 Carr (D) Disposable Carryout Bags 2/11/11 Adjourned Committee purposes. ECONOMIC MATTERS.
Prohibits the Department of the Environment from issuing
permits for the drilling of Wells in the Marcellus Shale until
Senate Education, specified conditions are met, requires the Department to
Health & consult with the governing body of specified local
Failed - Environmental governments in evaluating specified permits for the 03/24/2011 - To SENATE Committee on EDUCATION, HEALTH AND
Hydraulic_Fracturing MD H 852 Mizeur (D) Department of the Environment 2/11/11 Adjourned Affairs Committee drilling of Wells in the Marcellus Shale. ENVIRONMENTAL AFFAIRS.
House Authorizes Prince George's County to impose, by law, a
Environmental fee on specified retail establishments for use of
Failed - Matters disposable plastic bags under specified circumstances,
Plastic_Bags MD S 721 Pinsky (D) Disposable Plastic Bags 2/4/11 Adjourned Committee defines terms. 03/29/2011 - To HOUSE Committee on ENVIRONMENTAL MATTERS.
Authorizes Prince George's County to impose, by law, a
fee on specified retail establishments for use of
disposable plastic bags under specified circumstances, 04/01/2011 - From HOUSE Committee on ENVIRONMENTAL MATTERS:
Plastic_Bags MD H 661 Frush (D) Plastic Bags 2/9/11 Failed Died defines terms. Reported unfavorably.
Requires the Department of Agriculture to adopt specified

regulations regarding reporting on the use, release, sale,
and purchase of pesticides, declares specified findings of
the General Assembly, requires a person that uses,
releases, sells, or purchases pesticides to submit
specified reports to the Department, requires the reports
to contain specified information, requires pesticide use
and release reports to cover the preceding calendar year 04/07/2011 - From SENATE Committee on EDUCATION, HEALTH AND
Chemicals MD H 660 Frush (D) Department of Agriculture 2/9/11 Failed Died and be submitted annually beginning on March 1, 2013. ENVIRONMENTAL AFFAIRS: Reported unfavorably. Misc
Alters specified prohibitions on the manufacturing,
leasing, selling, or distributing of mattresses, residential
upholstered furniture, electrical or electronic equipment,
transportation equipment or components or military
equipment that contain decabrominated diphenyl ether by
specified dates, exempts certain aircraft from the
application of a prohibition on the manufacture, lease,
sale, or distribution for sale or lease of certain products
Chemicals MD S 221 Conway J (D) Decabrominated Diphenyl Ether 1/27/11 Enacted Chaptered that contain decabrominated diphenyl ether. 05/10/2011 - Signed by GOVERNOR.;05/10/2011 - Chapter No. 197
Prohibits a person from manufacturing or selling any
children's jewelry that contains cadmium at more than a
specified percent by weight, exempts toys regulated for
cadmium exposure under the Federal Consumer Product
Chemicals MD H 145 Hubbard (D) Cadmium in Jewelry 1/26/11 Enacted Chaptered Safety Improvement Act from such provisions. 05/19/2011 - Signed by GOVERNOR.;05/19/2011 - Chapter No. 578
EEA Roundup 7/21/11
Prohibits the application of pesticides using aircraft. It
prohibits use of pesticides for aesthetic purposes, for
removing vegetation in parks and for removing roadside
vegetation when the vegetation can be controlled by
other means. It directs the Department of Agriculture,
Food and Rural Resources, Board of Pesticides Control 03/01/2011 - HOUSE adopts Majority Committee Report: Ought not to
to revise its rules as necessary to be consistent with this pass.;03/01/2011 - SENATE adopts Majority Committee Report: Ought
Chemicals ME H 449 McFadden (R) Pesticide Use 2/14/11 Failed Died Act and designates such rules as routine technical. not to pass. Misc
Covers small universal waste generators, small
businesses and nonprofit organizations under electronic
waste recycling laws, limits the number of covered
electronic devices that may be dropped off at municipal
collection sites or consolidator sponsored collection
events to 7 devices, allows for the controlled breakage of
cathode ray tubes by licensed electronics
demanufacturing facilities if the facilities demonstrate that
they meet specified environmental health and safety 06/08/2011 - Became law without GOVERNOR'S signature.;06/08/2011 -
EPR ME H 725 Innes (D) Recycling Jobs 3/7/11 Enacted Chaptered standards. Public Law No. 2011-250
Senate Outdoor
Recreation and
Tourism 06/21/2011 - INTRODUCED.;06/21/2011 - To SENATE Committee on
Water_Quality MI S 509 Walker (R) Aquatic Nuisance Species Compact 6/21/11 Pending Committee Establishes multistate aquatic nuisance species compact. OUTDOOR RECREATION AND TOURISM.
House Natural
Resources,
Tourism and
Outdoor
Recreation 06/28/2011 - INTRODUCED.;06/28/2011 - To HOUSE Committee on
Water_Quality MI H 4828 Price (R) Aquatic Nuisance Species 6/28/11 Pending Committee Establishes multistate aquatic nuisance species compact. NATURAL RESOURCES, TOURISM, AND OUTDOOR RECREATION.
Bans phthalates, lead, and cadmium from children's
products, includes toys, children's cosmetics, children's
jewelry, child car seats, and various other products in the
Chemicals MS H 169 Evans B (D) Children's Product Safety 12/14/10 1/4/11 Failed Died definition of the term children's products. 02/01/2011 - Died in committee.
Revises Laws related to total maximum daily loads Water
Failed - development, relates to environmental protection, relates Quality
Water_Quality MT D 212 Environmental Quality Council Maximum Daily Loads Development 8/4/10 Adjourned Draft to water. 11/23/2010 - Pre-Introduction letter sent. Reg
Senate Health Prohibits the manufacture, sale, or distribution of certain 04/14/2011 - INTRODUCED.;04/14/2011 - To SENATE Committee on
Chemicals NC S 573 Robinson (D) Bisphenol Sales 4/12/11 4/14/11 Pending Care Committee products containing Bisphenol A. HEALTH CARE.
Increases the amount of the bond required upon

registration in order to drill for oil or natural gas, increases
the amount of fees applicable to drilling and abandoning
oil or gas wells, directs the Department of Environment
and Natural Resources to study the issue of oil and gas
exploration and specifically the use of hydraulic fracturing
for that purpose, directs the Department of Environment
and natural resources to conduct at least two public 06/23/2011 - Signed by GOVERNOR.;06/23/2011 - Session Law Number
Hydraulic_Fracturing NC H 242 Stone (R) Oil and Natural Gas 3/7/11 3/8/11 Enacted Chaptered hearings in the area where such drilling may occur. 2011-276
Amends environmental and natural resource laws to
include renewable energy facility best control technology,
open burning setback requirements, utility line
construction erosion and sediment control, beverage
container disposal, public building mercury removal,
stormwater capture and reuse, compost facility water
quality permit, storage tank petroleum discharges, gray
water use, water well setback, Ginseng export
certificates, methane capture, and hazardous waste 07/01/2011 - Became law without GOVERNOR'S signature.;07/01/2011 -
Misc NC H 119 Gillespie (R) Environmental and Natural Resource Laws 2/16/11 2/17/11 Enacted Chaptered facility financial assurance requirements. Session Law Number 2011-394
Provides that hydraulic fracturing is an acceptable
recovery process in the state, states, notwithstanding any
other provision of law, that the Legislative Assembly
designates hydraulic fracturing, a mechanical method of
increasing the permeability of rock to increase the
amount of oil and gas produced from the rock, an
Hydraulic_Fracturing ND H 1216 DeKrey (R) Hydraulic Fracturing 1/10/11 Enacted Chaptered acceptable recovery process in the state. 07/07/2011 - Chapter Number 264
Assembly
Environment and Requires retail store operators to establish in-store
Solid Waste recycling programs that provide opportunities for 01/12/2010 - To ASSEMBLY Committee on ENVIRONMENT AND SOLID
Plastic_Bags NJ A 1246 Stender (D) Plastic Grocery Bag Recycling 1/12/10 Pending Committee customers to return clean plastic carryout bags. WASTE.
Assembly
Environment and
Solid Waste 01/12/2010 - To ASSEMBLY Committee on ENVIRONMENT AND SOLID
Plastic_Bags NJ A 1643 Wagner (D) Plastic Carryout Bag Reduction Act 1/12/10 Pending Committee Creates the Plastic Carryout Bag Reduction Act. WASTE.
Senate
Environment and Relates to the Plastic Carryout Bag and Film Plastic
Plastic_Bags NJ S 238 Bateman (R) Plastic Bag Recycling 1/12/10 Pending Energy Committee Recycling Act. 01/12/2010 - To SENATE Committee on ENVIRONMENT.
Assembly
Environment and
Solid Waste Provides for decrease and eventual ban on use of non- 02/11/2010 - INTRODUCED.;02/11/2010 - To ASSEMBLY Committee on
Plastic_Bags NJ A 2238 McKeon (D) Non Compostable Plastic Grocery Bags 2/8/10 2/11/10 Pending Committee compostable plastic grocery bags. ENVIRONMENT AND SOLID WASTE.
Senate Prohibits sale of mercury batteries and consumer

Environment and products that use mercury batteries, prohibits disposal of 02/22/2011 - INTRODUCED.;02/22/2011 - To SENATE Committee on
Chemicals NJ S 2712 Greenstein (D) Mercury Batteries Disposal 2/17/11 2/22/11 Pending Energy Committee used mercury batteries as solid waste. ENVIRONMENT AND ENERGY.
Urges Delaware, New York, and Pennsylvania to enact
Senate moratorium against hydraulic fracturing until Hydraulic
Environment and Environmental Protection Agency has concludes its study Fracturing
Hydraulic_Fracturing NJ AJR 67 Wagner (D) Hydraulic Fracturing Moratorium 12/13/10 1/6/11 Pending Energy Committee and issues its findings on that drilling practice. 03/21/2011 - To SENATE Committee on ENVIRONMENT AND ENERGY. Resolution
Urges enactment of H.R. No. 2766, known as the
Fracturing Responsibility Awareness of Fracturing Responsibility and Awareness of Chemicals 05/19/2011 - From SENATE Committee on ENVIRONMENT AND
Hydraulic_Fracturing NJ SR 98 Gordon (D) Chemicals Act 12/13/10 12/20/10 Pending SENATE Act of 2009. ENERGY as amended.
EEA Roundup 7/21/11
Prohibits shipping or transporting into, or treatment in, the
Hydraulic_Fracturing NJ A 4231 Wagner (D) Hydraulic Fracturing Wastewater 6/29/11 Pending ASSEMBLY state, of wastewater from hydraulic fracturing. 06/29/2011 - FILED.
Prohibits drilling technique of hydraulic fracturing in the 06/29/2011 - Passed SENATE. *****To ASSEMBLY.;06/29/2011 -
Prohibited Hydraulic Fracturing Drilling state for the purpose of natural gas exploration or Received in the ASSEMBLY without Reference.;06/29/2011 - Substituted Hydraulic
Hydraulic_Fracturing NJ S 2576 Gordon (D) Technique 12/13/10 12/20/10 To Governor To Governor production. for;06/29/2011 - Passed ASSEMBLY.;06/29/2011 - *****To GOVERNOR. Fracturing
Establishes moratorium on hydraulic fracturing for
purpose of natural gas exploration or production until Hydraulic
Hydraulic_Fracturing NJ A 3653 Wagner (D) Hydraulic Fracturing Moratorium 12/13/10 1/6/11 Pending ASSEMBLY certain conditions are met. 06/29/2011 - Substituted by Fracturing
Requests Environmental Protection Agency to assist DEP Water
in developing total maximum daily loads for Barnegat Quality
Water_Quality NJ SR 85 Smith B (D) Barnegat Bay Development 10/7/10 Adopted Adopted Bay. 11/22/2010 - Passed SENATE. Reg
Requires every retail store operator to establish an in-
store recycling program that provides an opportunity for
customers to return clean plastic carryout bags to that
store, requires a plastic carryout bag provided to have
specified information printed or displayed on the bag,
requires the placement of such bag collection bin in each
store, requires the operator to make reuseable bags
Senate available to customers to purchase, requires related
Environment and information materials to encourage recycling and reuse of 12/09/2010 - INTRODUCED.;12/09/2010 - To SENATE Committee on
Plastic_Bags NJ S 2525 Greenstein (D) Plastic Grocery Bag and Store Recycling 12/6/10 12/9/10 Pending Energy Committee such bags. ENVIRONMENT AND ENERGY.
Requests Environmental Protection Agency to assist DEP Water
in developing total maximum daily loads for Barnegat Quality
Water_Quality NJ AR 120 McKeon (D) Barnegat Bay Maximum Daily Loads 10/25/10 11/8/10 Adopted Adopted Bay. 12/13/2010 - Passed ASSEMBLY. Reg
Senate Prohibits NJ member of Delaware River Basin

Environment and Commission from supporting use of drilling technique of 12/20/2010 - INTRODUCED.;12/20/2010 - To SENATE Committee on Hydraulic
Hydraulic_Fracturing NJ S 2575 Gordon (D) Prohibited Support of Hydraulic Fracturing 12/13/10 12/20/10 Pending Energy Committee hydraulic fracturing. ENVIRONMENT AND ENERGY. Fracturing
Establishes a moratorium on the practice of hydraulic
fracturing in the state for the purpose of natural gas
exploration or production until the United States
Environmental Protection Agency has concludes its study
Senate and issues its findings on that drilling practice, and the
Environment and Department of Environmental Protection determines that 12/20/2010 - INTRODUCED.;12/20/2010 - To SENATE Committee on Hydraulic
Hydraulic_Fracturing NJ S 2582 Gordon (D) Hydraulic Fracturing Moratorium 12/13/10 12/20/10 Pending Energy Committee the findings warrant an end to the moratorium. ENVIRONMENT AND ENERGY. Fracturing
Urges Delaware, New York, and Pennsylvania to enact
Senate moratorium against hydraulic fracturing until Hydraulic
Environment and Environmental Protection Agency has concludes its study 12/20/2010 - INTRODUCED.;12/20/2010 - To SENATE Committee on Fracturing
Hydraulic_Fracturing NJ SJR 59 Gordon (D) Hydraulic Fracturing Moratorium 12/13/10 12/20/10 Pending Energy Committee and issues its findings on that drilling practice. ENVIRONMENT AND ENERGY. Resolution
Urges Delaware, New York, and Pennsylvania join NJ in
Senate disapproving requests for withdrawing water for hydraulic Hydraulic
Water Request Withdrawal for Hydraulic Environment and fracturing and enacting bans on use of such drilling 12/20/2010 - INTRODUCED.;12/20/2010 - To SENATE Committee on Fracturing
Hydraulic_Fracturing NJ SJR 60 Gordon (D) Fracturing 12/13/10 12/20/10 Pending Energy Committee practices. ENVIRONMENT AND ENERGY. Resolution
Water
Requires the Department of Environmental Protection to Quality
Water_Quality NJ S 2341 Smith B (D) Barnegat Bay Water Quality 10/7/10 Pending SENATE adopt total maximum daily loads for Barnegat Bay. 12/20/2010 - Substituted by A 3415. Reg
Establishes the paint stewardship pilot program,
promotes the development and implementation of
strategies to reduce the generation of post consumer
Assembly architectural paint, to encourage the reuse of post
Environmental consumer architectural paint, and to maximize the
Conservation collection, transport, and process of paint for end of 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY Committee on
EPR NY A 953 Peoples-Stokes (D) Paint Stewardship 1/5/11 Pending Committee product life management. ENVIRONMENTAL CONSERVATION. EPR- paint
Assembly
Environmental
Conservation Prohibits the use of toxic fracing solutions during 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY Committee on
Hydraulic_Fracturing NY A 1265 Ortiz (D) Toxic Fracing Prohibition 1/5/11 Pending Committee hydraulic fracturing. ENVIRONMENTAL CONSERVATION.
Assembly Ways Imposes a fifteen cent tax on plastic shopping bags used
and Means to transport every sale of tangible personal property by 01/05/2011 - INTRODUCED.;01/05/2011 - To ASSEMBLY Committee on
Plastic_Bags NY A 1142 Ortiz (D) Tax on Plastic Shopping Bags 1/5/11 Pending Committee consumers. WAYS AND MEANS.
Senate
Environmental
Natural Gas Exploration and Extraction Conservation Establishes the Natural Gas Exploration and Extraction 01/05/2011 - INTRODUCED.;01/05/2011 - To SENATE Committee on
Hydraulic_Fracturing NY S 893 Krueger (D) Liability Act 1/4/11 1/5/11 Pending Committee Liability Act of 2011. ENVIRONMENTAL CONSERVATION. liability
Senate Energy
and Establishes a moratorium on the issuance of permits for
Telecommunicatio the drilling of wells and prohibits drilling within two miles 01/06/2011 - INTRODUCED.;01/06/2011 - To SENATE Committee on
Hydraulic_Fracturing NY S 1230 Duane (D) Well Drilling Moratorium 1/6/11 Pending ns Committee of the New York city water supply infrastructure. ENVIRONMENTAL CONSERVATION.
Senate
Environmental
Conservation Relates to the regulation of the drilling of natural gas 01/06/2011 - INTRODUCED.;01/06/2011 - To SENATE Committee on
Hydraulic_Fracturing NY S 1234 Duane (D) Natural Gas Drilling 1/6/11 Pending Committee resources. ENVIRONMENTAL CONSERVATION.
Assembly
Environmental Requires an environmental impact statement to be
Conservation prepared for any natural gas or oil drilling involving the 01/21/2011 - INTRODUCED.;01/21/2011 - To ASSEMBLY Committee on
Hydraulic_Fracturing NY A 2924 Sweeney (D) Environmental Impact Statement 1/21/11 Pending Committee use of hydraulic fracturing fluid. ENVIRONMENTAL CONSERVATION.
Senate
Environmental Relates to natural gas development using hydraulic
Natural Gas Development Using Hydraulic Conservation fracturing, enacts provisions to ensure natural gas 01/28/2011 - To SENATE Committee on ENVIRONMENTAL
Hydraulic_Fracturing NY S 2697 Avella (D) Fracturing 1/28/11 Pending Committee development practices will be sustainable and safe. CONSERVATION.
Assembly Prohibits the manufacture, distribution and sale of certain
Consumer Affairs toys and child care products containing bisphenol-A or
Toys and Child Products Containing Bisphenol- and Protection phthalates, imposes a civil fine of not less than $10,000 a 02/01/2011 - INTRODUCED.;02/01/2011 - To ASSEMBLY Committee on
Chemicals NY A 4036 Gabryszak (D) A 2/1/11 Pending Committee day for violation of such provisions. CONSUMER AFFAIRS AND PROTECTION.
Assembly Cities Imposes a fee on the use of plastic carryout bags, enacts
Plastic_Bags NY A 5107 Kellner (D) Plastic Carryout Bags Use Fee 2/11/11 Pending Committee provisions relating to reusable tote bags. 02/11/2011 - To ASSEMBLY Committee on CITIES.
EEA Roundup 7/21/11
Relates to the regulation of the use of hydraulic fracturing
fluids, provides for the promulgation of rules and
regulations to prohibit the use of fluids that contain a
chemical substance that pose a risk to human health and
to require the disclosure of all fluid components, provides Hydraulic
for a moratorium on well permits until such rules and 04/12/2011 - In SENATE Committee on ENVIRONMENTAL Fracturing
Hydraulic_Fracturing NY S 425 Krueger (D) Use of Hydraulic Fracturing Fluids 12/20/10 1/5/11 Pending Died regulations are adopted. CONSERVATION: Defeated. fluid
Assembly
Environmental
Conservation Prohibits the use of hydraulic fracturing in the extraction 04/19/2011 - INTRODUCED.;04/19/2011 - To ASSEMBLY Committee on
Hydraulic_Fracturing NY A 7218 Colton (D) Use of Hydraulic Fracturing 4/19/11 Pending Committee of oil and gas. ENVIRONMENTAL CONSERVATION.
Relates to regulation of toxic chemicals in children's
Regulation of Toxic Chemicals in Childrens Assembly Codes products, establishes the interstate chemical 05/10/2011 - From ASSEMBLY Committee on ENVIRONMENTAL
Chemicals NY A 3141 Sweeney (D) Products 1/24/11 Pending Committee clearinghouse. CONSERVATION.;05/10/2011 - To ASSEMBLY Committee on CODES.
Sale and Use of Hexachlorocyclohexane Or Assembly Health Restricts the sale and use of Hexachlorocyclohexane or 06/17/2011 - INTRODUCED.;06/17/2011 - To ASSEMBLY Committee on
Chemicals NY A 8476 Weisenberg (D) Gamma Benzene 6/17/11 Pending Committee Gamma benzene hexachloride. HEALTH.
Authorizes local governments to consider whether natural
gas drilling should be a permissible use within their
zoning ordinances, outlines the specific areas, should
natural gas drilling be considered a permissible use in a
Senate Rules town zoning ordinance, that the municipality may by 06/20/2011 - INTRODUCED.;06/20/2011 - To SENATE Committee on
Misc NY S 5830 Seward (R) Natural Gas Drilling Ordinances 6/20/11 Pending Committee special use permit regulate. RULES.
Relates to environment and natural resources, relates to
the waste tire recycling fee, deletes waste tire recycling
fees based on the tire rim size, provides for a minimum
waste tire recycling fee, deletes waste tire recycling fee
for certain motor cycles, allows for annual adjustment of
the waste tire recycling fee based on Consumer Price
Pending - House Rules Index increases, provides an effective date, declares an 02/16/2011 - Withdrawn from HOUSE Committee on APPROPRIATIONS
EPR OK H 1534 Blackwell (R) Environment And Natural Resources 1/20/11 2/7/11 Carryover Committee emergency. AND BUDGET.;02/16/2011 - To HOUSE Committee on RULES.
Requires Department of Environmental Quality to
collaborate with certain parties to develop and implement
statewide product stewardship system, allows
Environmental Quality Commission to adopt product-
specific rules to implement product stewardship programs
for rechargeable batteries and lighting that contains
mercury, specifies selection process for additional
Product Stewardship and Rechargeable Failed - products to be covered by statewide product stewardship
EPR OR D 421 Environment and Water Cmt Batteries 12/22/10 Adjourned Filed as Draft system. 01/09/2011 - Assigned HOUSE Bill No. 2187 EPR
Requires Department of Environmental Quality to
collaborate with certain parties to develop and implement
statewide product stewardship system, allows
Environmental Quality Commission to adopt product-
specific rules to implement product stewardship programs
for rechargeable batteries and lighting that contains
mercury, specifies selection process for additional
Failed - products to be covered by statewide product stewardship
EPR OR H 2187 Roblan (D) Product Stewardship System 1/10/11 Adjourned HOUSE system. 02/17/2011 - Filed as Draft 421.
Creates unlawful practice of manufacturing, distributing,
selling or offering for sale child's beverage container,
container of infant formula or reusable bottle made or
lined with bisphenol A or replacement material that is
House Energy, carcinogenic or is reproductive toxicant, requires
Containers Made From Substances Harmful to Failed - Environment and manufacturers of containers and reusable bottles made 04/18/2011 - To HOUSE Committee on ENERGY, ENVIRONMENT AND
Chemicals OR S 695 Dingfelder (D) Humans 2/10/11 Adjourned Water Committee or lined with bisphenol A to recall containers and bottles. WATER.
Creates unlawful practice of manufacturing, distributing,
selling or offering for sale child's beverage container or
reusable bottle made or lined with bisphenol A or
replacement material that is carcinogenic or is
reproductive toxicant, requires manufacturers of
containers and reusable bottles made or lined with
bisphenol A to recall containers and bottles, requires
manufacturers to make an effort to notify person who
Containers Made From Substances Harmful to Failed - House Rules distributes or sells said items and reimburse the retailer
Chemicals OR H 3689 Cannon (D) Humans 6/2/11 Adjourned Committee or consumer for compliance. 06/09/2011 - To HOUSE Committee on RULES.
Allows a manufacturer program or a state contractor
program that collects, transports and recycles covered
electronic devices beyond a certain threshold to claim
recycling credits, specifies recycling credit requirements,
clarifies manufacturer program requirements, adds
keyboard or mouse sold for use with a computer, cords
used with those devices and printers to the definition of
covered electronic device, excludes computer peripherals
and printers from disposal prohibition at solid waste 06/28/2011 - Signed by GOVERNOR.;06/30/2011 - Chaptered. Chapter
EPR OR S 82 Courtney (D) Recycling of Electronic Devices 1/10/11 Enacted Chaptered disposal sites. No. 548
Senate
Environmental Amends the Oil and Gas Act, provides for hydraulic
Resources and fracturing chemicals and surface impoundments and for 01/12/2011 - INTRODUCED.;01/12/2011 - To SENATE Committee on
Hydraulic_Fracturing PA S 127 Williams A (D) Hydraulic Fracturing Chemicals 1/12/11 Pending Energy Committee hydraulic fracture fluids monitoring. ENVIRONMENTAL RESOURCES AND ENERGY.
House
Environmental Provides for a moratorium on the issuance of new well
Moratorium on the Issuance of New Well Resources and permits for natural gas drilling in the Marcellus Shale 01/26/2011 - INTRODUCED.;01/26/2011 - To HOUSE Committee on
Hydraulic_Fracturing PA H 233 Mundy (D) Permits 1/25/11 1/26/11 Pending Energy Committee formation. ENVIRONMENTAL RESOURCES AND ENERGY.
EEA Roundup 7/21/11
Amends the Taxation and Fiscal Affairs Code, imposes a
tax on the extraction of natural gas, provides for natural
resource severance tax license, for duties of the
Department of Revenue, for tax assessments and tax
liens, imposes penalties, provides for service of process,
for rulemaking, for cooperation with other governments
and for bonds, establishes the Natural Gas Conservation
Senate Finance and Community Investment Fund, makes an 02/01/2011 - INTRODUCED.;02/01/2011 - To SENATE Committee on
Hydraulic_Fracturing PA S 352 Dinniman (D) Natural Resource Severance Taxation 2/1/11 Pending Committee appropriation, provides for related records. FINANCE.
Senate Finance Amends the Tax Reform Code of 1971, provides for a 02/18/2011 - INTRODUCED.;02/18/2011 - To SENATE Committee on
Plastic_Bags PA S 590 Leach (D) Plastic Bag Tax 2/18/11 Pending Committee plastic bag tax. FINANCE.
Senate
Environmental
Resources and Provides for a Statewide moratorium on natural gas 04/04/2011 - INTRODUCED.;04/04/2011 - To SENATE Committee on
Hydraulic_Fracturing PA S 906 Ferlo (D) Natural Gas Drilling 4/4/11 Pending Energy Committee drilling in the Marcellus Shale. ENVIRONMENTAL RESOURCES AND ENERGY.
House Amends the act of May 1, 1984 (P.L.206, No.43), known

Environmental as the Pennsylvania Safe Drinking Water Act, provides for
Disclosure of Chemicals Used in Hydraulic Resources and definitions, provides for disclosure of chemicals used in 06/17/2011 - INTRODUCED.;06/17/2011 - To HOUSE Committee on
Hydraulic_Fracturing PA H 1680 Johnson (D) Fracturing 6/16/11 6/17/11 Pending Energy Committee hydraulic fracturing. ENVIRONMENTAL RESOURCES AND ENERGY.
House Amends Title 75 (Vehicles) of the Pennsylvania
Hydraulic Fracturing Wastewater Transportation Consolidated Statutes, provides for definitions, provides 06/25/2011 - FILED.;06/25/2011 - INTRODUCED.;06/25/2011 - To
Hydraulic_Fracturing PA H 1741 Mundy (D) Transportation 6/25/11 6/25/11 Pending Committee for hydraulic fracturing wastewater transportation. HOUSE Committee on TRANSPORTATION.
Requires the Department of Environmental Management
to prepare and submit a report to the governor and the
general assembly which would provide an assessment of
the condition of lakes and ponds, including the extent of
invasive species, recommendations for improving the
management of invasive species and an assessment of
the feasibility of establishing a boat sticker program to
fund actions to control invasive species in lakes, ponds, 06/30/2011 - Signed by GOVERNOR.;06/30/2011 - Public Law No. 2011-
Water_Quality RI H 6217 Keable (D) Fish and Wildlife 6/2/11 Enacted Chaptered rivers and wetlands. 166
Requires the department of environmental management
to prepare and submit a report to the governor and the
general assembly which would provide an assessment of
the condition of lakes and ponds, including the extent of
invasive species, recommendations for improving
management, and an assessment of the feasibility of
establishing a boat sticker program to fund actions to
control invasive species. Provides for a fine or
imprisonment for releasing non-native species into lakes, 06/30/2011 - Signed by GOVERNOR.;06/30/2011 - Public Law No. 2011-
Water_Quality RI S 958 Fogarty (D) Fish and Wildlife 5/12/11 Enacted Chaptered ponds, rivers, or wetlands. 182
Relates to restrictions on the use, sale, or manufacture of
cleaning agents containing phosphates, specifies that
laundry detergent includes household and commercial
House Agriculture, laundry detergent, adds household dishwashing
Natural Resources detergent to the cleaning agents included in the 01/27/2011 - INTRODUCED.;01/27/2011 - To HOUSE Committee on
& Environmental restriction on phosphates, specifies those cleaning AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
Chemicals SC H 3467 Loftis (R) Phosphate Containing Cleaning Agents 1/27/11 Pending Affairs Committee agents that are exempt from this restriction. AFFAIRS.
Enacts the State Beverage Container Recycling Act,
provides for the recycling of beverage containers by
consumers, requires deposit beverage distributors that
operate within the state to register with the Department of
House Agriculture, Revenue and maintain certain records, requires deposit
Natural Resources beverage distributors to pay a container recovery fee and 02/03/2011 - INTRODUCED.;02/03/2011 - To HOUSE Committee on
& Environmental a deposit for each deposit beverage container sold in the AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL
EPR SC H 3590 Smith Ja (D) State Beverage Container Recycling Act 2/3/11 Pending Affairs Committee state. AFFAIRS.
House Health and

Failed - Human Services Prohibits the use of bisphenol A and cadmium in certain 02/17/2011 - In HOUSE Committee on HEALTH AND HUMAN
Chemicals SD H 1254 Feinstein (D) Bisphenol A and Cadmium 1/31/11 Adjourned Committee products. SERVICES: Deferred to the 41st Legislative Day.
Relates to Food and Food Products, prohibits sale of

baby food and infant formula in containers containing
bisphenol A and sale of all food and beverages in 02/09/2011 - To HOUSE Committee on COMMERCE.;03/02/2011 - In
Pending - House Commerce reusable containers containing bisphenol A beginning HOUSE Committee on COMMERCE: Referred to General
Chemicals TN H 190 Richardson (D) Food and Food Products 1/28/11 Carryover Committee January 1, 2012. Subcommittee.
House Relates to Hazardous Materials, begins July 1, 2013, 02/09/2011 - To HOUSE Committee on CONSERVATION AND
Conservation and prohibits manufacture, sale, offer for sale or distribution in ENVIRONMENT.;02/09/2011 - In HOUSE Interim Committee on
Pending - Environment Tennessee of children's products that contain cadmium at CONSERVATION AND ENVIRONMENT: Referred to General
Chemicals TN H 189 Richardson (D) Hazardous Materials 1/28/11 Carryover Committee more than.004 percent by weight. Subcommittee.
Senate Relates to Hazardous Materials, begins July 1, 2013,

Commerce, Labor prohibits manufacture, sale, offer for sale or distribution in
Pending - and Agriculture Tennessee of children's products that contain cadmium at 02/09/2011 - To SENATE Committee on COMMERCE, LABOR AND
Chemicals TN S 244 Marrero (D) Hazardous Materials 1/27/11 Carryover Committee more than.004 percent by weight. AGRICULTURE.
Senate Prohibits sale of baby food and infant formula in

Commerce, Labor containers containing bisphenol A and sale of all food and
Pending - and Agriculture beverages in reusable containers containing bisphenol A 02/09/2011 - To SENATE Committee on COMMERCE, LABOR AND
Chemicals TN S 246 Marrero (D) Food and Food Products 1/27/11 Carryover Committee beginning January 1, 2012. AGRICULTURE.
House Health & Adds six stimulants that are compounds of 02/14/2011 - To HOUSE Committee on HEALTH AND HUMAN
Pending - Human Resources methcathinone and used to make plant food and bath RESOURCES.;02/14/2011 - In HOUSE Committee on HEALTH AND
Chemicals TN H 529 Sparks (R) Controlled Substances 2/9/11 Carryover Committee salts to list of Schedule I controlled substances. HUMAN RESOURCES: Referred to General Subcommittee.
Adds six stimulants that are compounds of
Pending - Senate Judiciary methcathinone and used to make plant food and bath
Chemicals TN S 504 Tracy (R) Controlled Substances 2/9/11 Carryover Committee salts to list of Schedule I controlled substances. 02/14/2011 - To SENATE Committee on JUDICIARY.
Relates to the imposition of a fee for certain plastic bags
Failed - House Ways and provided to customers by retailers to fund a grant
Plastic_Bags TX H 1877 Coleman (D) Plastic Bag Fees and Recycling Efforts 2/28/11 Adjourned Means Committee program to support local recycling efforts. 03/07/2011 - To HOUSE Committee on WAYS AND MEANS.
EEA Roundup 7/21/11
Relates to the storage, transportation, and disposal of
used or scrap tires, prohibits a person from storing more
than a specified number of used or scrap tires unless the
person registers the storage site, provides for regulations
relating to the storage of such tires at a marine dock, rail
yard, or trucking facility, requires registration of certain
transporters, provides for a fee on new or used tire sales
Failed - by certain generators, including automotive dismantlers,
EPR TX H 405 Quintanilla (D) Disposal of Used and Scrap Tires 12/9/10 1/11/11 Adjourned HOUSE provides for criminal penalties. 05/06/2011 - Committee report printed and distributed.
Urging the United States Fish and Wildlife Service to
withdraw its proposal to list the dunes sagebrush lizard
Misc TX HR 1955 Chisum (R) United States Fish and Wildlife Service 5/11/11 Adopted Adopted under the Endangered Species Act of 1973. 05/25/2011 - Passed HOUSE.
Relates to the sale, recovery and recycling of covered

television equipment, provides administrative penalties
for violations, requires manufacturer labeling, registration
Signed by and reporting, provides that fees collected shall be
EPR TX S 329 Watson (D) Television Equipment Recycling 1/11/11 Enacted Governor deposited to the credit of the television recycling account. 06/17/2011 - Signed by GOVERNOR.
Relates to the disclosure of the composition of hydraulic
Signed by fracturing fluids used in hydraulic fracturing treatments
Hydraulic_Fracturing TX H 3328 Keffer J (R) Hydraulic Fracturing Fluids Used 3/11/11 Enacted Governor and challenges to trade secret protection. 06/17/2011 - Signed by GOVERNOR.
Enacting Clause Repeals the prohibition on selling household dishwashing

Chemicals UT H 246 Sandstrom (R) Phosphorus Limit in Dishwashing Detergent 1/25/11 Failed Struck detergent that contains 0.5% of phosphorus by weight. 03/10/2011 - Enacting clause struck.
Bans the use of plastic carryout bags by retailers at the
point of sale unless such bags are durable plastic bags
with handles, at least 2.25 mils thick, and specifically 01/19/2011 - In HOUSE Committee on AGRICULTURE, CHESAPEAKE
Chemicals VA H 1498 Ware O (D) Plastic Carryout Bags 12/16/10 1/12/11 Failed Died designed and manufactured for multiple reuse. AND NATURAL RESOURCES: Tabled.
States that it shall be the policy of the Commonwealth to
support oil and natural gas exploration, development, and
production 75 miles or more off Virginia's coast, subject to
the condition that such activities not be permitted if they
would adversely affect the natural resources of the
Chesapeake Bay, including its fish, wildlife, and aquatic
resources and the habitat and ecological functions upon offshore
Water_Quality VA S 814 McEachin (D) Offshore Energy Resources 1/5/11 1/12/11 Failed Died which they depend. 01/24/2011 - In SENATE Committee: Passed by indefinitely. drilling
Regulates several aspects relating to the application and
use of fertilizer to lawns and turfs, including rules against
applying fertilizers containing phosphorus or applying
fertilizer when the ground is frozen, and the inclusion of a
cautionary label on application and use, provides that the
prohibitions do not apply if the turf area is newly 01/31/2011 - From SENATE Committee on AGRICULTURE,
established or under repair, provides that recent soil tests CONSERVATION AND NATURAL RESOURCES: Reported as
Chemicals VA S 922 McDougle (R) Fertilizer Regulation 1/10/11 1/12/11 Failed SENATE indicate the need for phosphorus fertilizer. substituted, see S. 1055 Misc
Prohibits the application of fertilizers that contain
phosphorus for use on lawns, golf courses, parks, and
cemeteries, provides that the prohibition does not apply
to fertilizer products primarily intended for gardening,
trees, shrubs, or indoor plants, provides that the bill
prohibits the application of fertilizer that contains
phosphorus when the ground is frozen, provides that any 02/02/2011 - From HOUSE Committee on AGRICULTURE,
fertilizer that runs onto impervious surfaces has to be CHESAPEAKE AND NATURAL RESOURCES: Reported as substituted,
Chemicals VA H 1751 Plum (D) Lawn Fertilizers 1/11/11 1/12/11 Failed HOUSE immediately contained and collected. see H. 1831. Misc
Relates to fertilizer, prohibits sale and use of fertilizer

containing phosphorus, prohibits sale of any deicing
agent containing urea, nitrogen, or phosphorus intended
for application on parking lots and roadways, requires a
label on lawn fertilizer that states that the product should
not be applied near storm drains or drainage ditches or
when heavy rain is expected, establishes public reporting
requirements for contractor-applicators and licensees 03/22/2011 - Signed by GOVERNOR.;03/22/2011 - Acts of Assembly.
Chemicals VA H 1831 Scott E (R) Fertilizer Application and Use 1/11/11 1/12/11 Enacted Chaptered who apply lawn fertilizer, relates to golf courses. Chapter No. 341. Misc
Exempts facilities referred to as qualified fumigation
facilities from state and federal regulations, requires
commodity fumigation using specific chemicals regulated
under the federal Clean Air Act, voluntary capture and
control technologies for the fumigant emissions, industry
standards for occupational safety, monitoring equipment
and methods, requires posted signs at the sites of
fumigation activities and provision of written notice and
Chemicals VA H 1625 Knight (R) Fumigation Facilities Exemptions 1/10/11 1/12/11 Enacted Chaptered reports to the Department of Environmental Quality. 03/23/2011 - Acts of Assembly. Chapter No. 393.
Revises laws governing manufacture and application of

fertilizer, incorporates guidelines adopted by the
Association of American Plant Food Control Officials,
adopts generic precautionary labeling guidelines to
prevent fertilizer runoff into waterways, shifts the permit
year to begin on April 1, require distributors of commercial
fertilizer to submit an annual statistical report, provides a
civil penalty for violation of a written stop sale, allows late
Chemicals VA H 2057 Poindexter (R) Fertilizer Manufacture and Application 1/12/11 Enacted Chaptered fees for failing to renew a registration. 03/25/2011 - Acts of Assembly. Chapter No. 564. Misc
House Natural
Pending - Resources and Relates to the use of plastic carry-out bags by retail 01/11/2011 - To HOUSE Committee on NATURAL RESOURCES AND
Plastic_Bags VT H 19 Obuchowski (D) Plastic Carry-Out Bags 1/10/11 Carryover Energy Committee stores. ENERGY.
EEA Roundup 7/21/11
Proposes to require the Secretary of Natural Resources

to establish a Toxic Chemical Identification and Reduction
Program, identifies chemicals of high concern, requires
the secretary to designate a chemical of high concern as
Senate Natural a priority chemical if certain conditions are met, prohibits
Toxic Chemical Identification Reduction Pending - Resources and children's products containing a priority chemical from 01/21/2011 - To SENATE Committee on NATURAL RESOURCES AND
Chemicals VT S 24 Lyons (D) Program 1/20/11 Carryover Energy Committee sale or distribution in the state. ENERGY.
Proposes to require a state discharge permit for pesticide
applications for mosquito control, aquatic nuisance
control, forest canopy pest control, and control of pests
within 50 feet of state water or significant wetland,
Senate Natural requires a discharge permit for pesticide application to
Pending - Resources and include a requirement for the implementation of 01/21/2011 - To SENATE Committee on NATURAL RESOURCES AND
Chemicals VT S 25 Lyons (D) Pesticide Application Permits 1/20/11 Carryover Energy Committee integrated pest management. ENERGY. Misc
Proposes to require the Secretary of Natural Resources
to establish a toxic chemical identification and reduction
program, requires the Secretary of Natural Resources to
identify chemicals of high concern, requires designation
of a chemical of high concern as a priority chemical if
House Natural certain conditions are met, requires children's products
Pending - Resources and containing a priority chemical to be prohibited from sale 03/08/2011 - To HOUSE Committee on NATURAL RESOURCES AND
Chemicals VT H 394 Weston (D) Toxic Substances 2/28/11 Carryover Energy Committee or distribution in the state. ENERGY.
Proposes to require manufacturers of mercury-containing
lamps to implement a collection and disposal program,
provides that a manufacturer of a mercury-containing
lamp shall not sell, offer for sale, or deliver to a retailer for
subsequent sale a mercury-containing lamp unless the
manufacturer is implementing an approved collection
plan, paid a fee, has demonstrated that no alternative non-
mercury energy efficient lamp is available and other
EPR VT S 34 Lyons (D) Mercury-Containing Lamps 1/26/11 Enacted Chaptered requirements. 05/17/2011 - Act No. 36
Limits the sale, display, and application of turf fertilizer
Chemicals WA H 1489 Billig (D) Fertilizer and Phosphorus 1/21/11 Enacted Chaptered labeled as containing phosphorus. 04/14/2011 - Chapter No. 73 Misc
Pending - 04/26/2011 - 2011 FIRST SPECIAL SESSION ACTION.;04/26/2011 - By
EPR WA S 5110 Kohl-Welles (D) Carpet Stewardship 1/13/11 Carryover SENATE Concerns carpet stewardship. Order of Resolution - Reintroduced and retained in present status.
Chemicals WA H 1319 Dickerson (D) Childrens Products Safety 1/18/11 Carryover HOUSE Regards the safety of certain children's products. Order of Resolution - Reintroduced and retained in present status.
Chemicals WA S 5194 White S (D) Use of Fertilizer Containing Phosphorus 1/18/11 Carryover SENATE Limits the use of fertilizer containing phosphorus. Order of Resolution - Reintroduced and retained in present status. Misc
Chemicals WA S 5231 Nelson (D) Safety of Certain Childrens Products 1/18/11 Carryover SENATE Regards the safety of certain children's products. Order of Resolution - Reintroduced and retained in present status.
Pending - Creates a statewide program for the collection, 04/26/2011 - 2011 FIRST SPECIAL SESSION ACTION.;04/26/2011 - By
EPR WA H 1370 Van De Wege (D) Unwanted Medicine Disposal Program 1/18/11 Carryover HOUSE transportation, and disposal of unwanted medicines. Order of Resolution - Reintroduced and retained in present status.
Relates to ambient air quality standards established by
the Department of Natural Resources and the suspension
of a rule promulgated by the Department of Natural 06/29/2011 - In SENATE. Report of JOINT Committee FOR REVIEW OF
Misc WI S 110 Joint Cmte on Administrative Rules Ambient Air Quality Standards 5/26/11 Pending SENATE Resources. ADMINISTRATIVE RULES received.
Relates to ambient air quality standards established by
the Department of Natural Resources and the suspension 07/07/2011 - From ASSEMBLY Committee on NATURAL RESOURCES:
Assembly Rules of a rule promulgated by the Department of Natural Without recommendation.;07/07/2011 - To ASSEMBLY Committee on
Misc WI A 160 Joint Cmte on Administrative Rules Ambient Air Quality Standards 5/27/11 Pending Committee Resources. RULES.
House Energy,
Industry and
Labor, Economic
Development and
Mine Operators to Provide Notice of Failed - Small Business Requires mine operators to provide notice of hazardous 01/12/2011 - To HOUSE Committee on ENERGY, INDUSTRY AND
Chemicals WV H 2151 Caputo (D) Hazardous Chemicals 1/12/11 Adjourned Committee chemical substances and lead exposure to its employees. LABOR, ECONOMIC DEVELOPMENT AND SMALL BUSINESS.
Failed - House Judiciary Establishes requirements for Marcellus gas well
Chemicals;Misc WV H 2403 Manchin (D) Marcellus Gas Well Operations 1/12/11 Adjourned Committee operations use of water resources. 01/12/2011 - To HOUSE Committee on JUDICIARY. Misc
Urges US EPA reconsider January 13, 2011, action to 01/20/2011 - INTRODUCED.;01/20/2011 - SENATE committee reference
veto permit issued by US Army Corps of Engineers for dispensed.;01/20/2011 - Amended on SENATE floor.;01/20/2011 -
Chemicals;Misc WV SR 10 Kessler (D) Permit Veto 1/20/11 Adopted Adopted Spruce Mine. Passed SENATE.
Hydraulic Fracturing and Horizontal Drilling Failed - Senate Judiciary Creates Hydraulic Fracturing and Horizontal Drilling Gas 01/25/2011 - INTRODUCED.;01/25/2011 - To SENATE Committee on
Hydraulic_Fracturing WV S 258 Snyder (D) Gas Act 1/25/11 Adjourned Committee Act. JUDICIARY.
Senate Minerals,
Business and Relates to environmental quality, establishes time limits
Economic on mine permit application or revision reviews, limits
Joint Interim Minerals, Business & Failed - Development requests for additional information on mine permits 01/28/2011 - To SENATE Committee on MINERALS, BUSINESS AND
Chemicals;Misc WY H 112 Econo Environmental Quality 1/11/11 Adjourned Committee applications or revisions. ECONOMIC DEVELOPMENT.
Relates to environmental quality, provides for
performance based evaluation and performance based
design in consideration and approval of engineered
containment systems as part of municipal solid waste
landfill permits, provides for performance based design
Chemicals;Misc WY S 121 Bebout (R) Environmental Quality 1/20/11 Enacted Chaptered evaluation criteria for municipal solid waste landfill units. 03/03/2011 - Signed by GOVERNOR.;03/04/2011 - Chapter No. 147
Exhibit 186: Agriculture
EEA Roundup 7/21/11
Clarifies the interpretation of
sustainable agriculture to include
science-based practices supported by
research and the use of technology
that leads to certain outcomes-based
performance improvements, states that
the goals of sustainable agriculture are
to increase productivity, improve
health, and enhance water, soil, and air
quality and habitat preservation,
requires the Agriculture Department
and the Plant Board to interpret any
rule or regulation promulgated in 04/04/2011 - Signed by
accordance with the such GOVERNOR.;04/08/2011 - Act No.
Misc AR H 2157 Jean (R) Sustainable Agriculture 3/7/11 Enacted Chaptered interpretation. 1196
Concerns the size of battery cages for
egg-laying hens, ensures the humane 03/25/2011 - Failed Joint Favorable
Misc CT H 5395 Urban (D) Size of Battery Cages for Egg Laying Hens 1/18/11 Failed Died treatment of egg-laying hens. deadline.
Enables farmers to seek review of
ordinances and regulations that restrict
normal agricultural operations, helps
farmers carry on with their normal 03/25/2011 - Failed Joint Favorable
Misc CT H 5397 Urban (D) Agricultural Operations Ordinances and Regulations 1/18/11 Failed Died agricultural operations. deadline.
Relates to general provisions relative
to agriculture, preempts certain local
ordinances relating to production of
agricultural or farm products, protects
the right to grow food crops and raise
small animals on private property so
long as such crops and animals are
used for human consumption by the
occupants, gardeners, or raisers and
their households and not for
commercial purposes, defines a term,
Pending - House Judiciary provides for effect on certain private 01/12/2011 - To HOUSE Committee on
Liability GA H 2 Franklin (R) Right to Grow Act 11/15/10 1/10/11 Carryover Committee agreements and causes of action. JUDICIARY.
Relates to general provisions relative
to agriculture, so as to define the term
sustainable agriculture, provides that it
shall be the policy of this state to
promote sustainable agriculture,
Misc GA H 225 Holmes (R) Sustainable Agriculture 2/9/11 Enacted Chaptered repeals conflicting laws. 05/06/2011 - Act No. 60
Requires the Department of Agriculture
(DOA) to publish an annual report on
pesticide use in the State including
investigations of health complaints by
the Department of Health, requires
users of pesticides to report usage to
Pending - DOA, permits DOA to impose a fee to 02/02/2011 - In Committee: Public
Misc HI H 1387 Morita (D) Pesticides 1/26/11 Carryover HOUSE recover costs. Hearing Scheduled.
Provides that in part amends

provisions in Code chapter 459 which
authorize the department of natural
resources to issue permits for the
construction or expansion of structures
associated with a confinement feeding
operation, provides that a county may
adopt a confinement feeding
operations siting ordinance which
allows a county board of supervisors to
approve the site where the construction
Pending - House Agriculture is to occur, provides that the board may
Misc IA H 28 Hanson (D) Confinement Feeding 1/12/11 Carryover Committee place conditions on site approval. 01/12/2011 - Filed as Draft: 1441.
Limits the right to bring a nuisance
action involving an agricultural use or
agricultural practice, includes a
provision declaring the importance of
agricultural production and use of
modern agricultural technology,
provides for agricultural uses and
practices associated with those uses, 03/01/2011 - In HOUSE Committee on
which include a range of activities AGRICULTURE: Subcommittee
Pending - House Agriculture associated with crop and animal assignments: Sweeney, Paustian, and Right to Farm
Liability IA H 430 Sweeney (R) Agricultural Nuisance Action 3/1/11 Carryover Committee production. Swaim. Act
EEA Roundup 7/21/11
Amends Code chapter 717A, which
prohibits a person from entering on or
damaging property associated with a
facility or operation where animals or
crops are maintained, provides that an
animal facility includes a location
where an animal is produced for
agricultural or educational scientific
purposes, or a location operated by a
licensed veterinarian, or a commercial 03/17/2011 - Withdrawn from further Agriculture Bio-
Misc IA H 431 Sweeney (R) Code Chapter 717 3/1/11 Failed Withdrawn or nonprofit pet establishment. consideration. Security Act
Relates to agricultural facilities,
provides that no local ordinance shall
require abatement of agricultural
practices or declare them nuisances, 04/06/2011 - Signed by
provides that such ordinances will be GOVERNOR.;04/07/2011 - Chaptered. Right to Farm
Liability ID H 210 Ways and Means Cmt Right to Farm 3/1/11 Enacted Chaptered null and void. Chapter No. 229 Act
Relates to confined feeding operation
approvals, establishes a three year
moratorium on the start of construction
of confined feeding operations and the
expansion of confined feeding 01/05/2011 -
Senate Energy and operations that increase animal INTRODUCED.;01/05/2011 - To
Failed - Environmental capacity or manure containment SENATE Committee on ENERGY AND
Misc IN S 113 Paul (R) Confined Feeding Operation Approvals 1/3/11 1/5/11 Adjourned Affairs Committee capacity, or both. ENVIRONMENTAL AFFAIRS.
Relates to confined feeding operation
House Agriculture manure, establishes requirements 01/06/2011 -
and Rural concerning the application and staging INTRODUCED.;01/06/2011 - To
Failed - Development of manure generated by a confined HOUSE Committee on AGRICULTURE
Misc IN H 1134 Saunders (R) Confined Feeding Operation Manure 1/6/11 Adjourned Committee feeding operation. AND RURAL DEVELOPMENT.
Relates to confined feeding operations
and CAFOs, provides that a person
may not start: the construction of a
concentrated animal feeding operation,
or an expansion of a CAFO that would
increase animal capacity or manure
containment capacity, or both, without
obtaining the prior approval of the
Department of Environmental
Management, establishes financial
assurance requirements for confined
House Agriculture feeding operations and CAFOs, 01/20/2011 -
and Rural requires the Water Pollution Control INTRODUCED.;01/20/2011 - To
Failed - Development Board to adopt rules before January 1, HOUSE Committee on AGRICULTURE
Misc IN H 1568 Sullivan (D) Confined Feeding Operations 1/20/11 Adjourned Committee 2012. AND RURAL DEVELOPMENT.
Relates to confined feeding operations
and CAFOs, provides that a person
may not start: the construction of a
concentrated animal feeding operation,
or an expansion of a CAFO that would
increase animal capacity or manure
containment capacity, or both, without
obtaining the prior approval of the
Department of Environmental
Management, establishes financial
assurance requirements for confined
feeding operations and CAFOs, 01/20/2011 -
Senate Energy and requires the Water Pollution Control INTRODUCED.;01/20/2011 - To
Failed - Environmental Board to adopt rules before January 1, SENATE Committee on ENERGY AND
Misc IN S 556 Paul (R) Confined Feeding Operations 1/20/11 Adjourned Affairs Committee 2012. ENVIRONMENTAL AFFAIRS.
Proposes a Constitutional amendment,
provides that the people have a right to
hunt, fish, harvest game, or engage in
the agricultural or commercial
production of meat, fish, poultry, or
dairy products subject to laws
prescribed by the General Assembly,
provides that hunting and fishing is the
preferred means of managing and
controlling wildlife, provides that such
provisions do not limit the application of
any laws relating to trespass or
Misc IN SJR 9 Steele (R) Constitutional Right to Hunt and Fish 12/29/10 1/5/11 Adopted Chaptered property rights. 05/13/2011 - Public Law No. 230-2011
01/07/2011 - Assigned HOUSE Bill No.
Misc MA HD 83 Lewis (D) Farm Animal Cruelty 1/7/11 Pending HOUSE Prevents farm animal cruelty. 458
EEA Roundup 7/21/11
Prevents the use of the most 01/18/2011 - Assigned HOUSE Bill No.
Misc MA HD 526 Kaufman (D) Use of the Most Dangerous Pesticides 1/18/11 Pending HOUSE dangerous pesticides. 228
Prohibits low phosphorous fertilizers

from being used on established turf,
prohibits specialty fertilizers from being
labeled for specified uses on or after
April 1, 2012, provides an exception,
requires the Department of Agriculture,
in cooperation with the University of
Maryland, to adopt regulations on or 02/04/2011 -
Senate Education, after April 1, 2012, that require signs to INTRODUCED.;02/04/2011 - To
Health & be posted where specialty fertilizer is SENATE Committee on EDUCATION,
Failed - Environmental sold or distributed, requires the sign to HEALTH AND ENVIRONMENTAL
Misc MD S 546 Young (D) Low Phosphorous Fertilizers 2/4/11 Adjourned Affairs Committee contain specified information. AFFAIRS.
Prohibits a person from using, selling,
Senate Education, or distributing commercial feed
Health & intended for use as poultry feed that 02/04/2011 - To SENATE Committee
Failed - Environmental contains roxarsone or any other on EDUCATION, HEALTH AND
Misc MD S 417 Pinsky (D) Commercial Feed 2/4/11 Adjourned Affairs Committee additive that contains arsenic. ENVIRONMENTAL AFFAIRS.
Requires the Department of Agriculture
to adopt specified regulations
regarding reporting on the use,
release, sale, and purchase of
pesticides, declares specified findings
of the General Assembly, requires a
person that uses, releases, sells, or
purchases pesticides to submit
specified reports to the Department,
requires the reports to contain
specified information, requires
pesticide use and release reports to 04/07/2011 - From SENATE
cover the preceding calendar year and Committee on EDUCATION, HEALTH
be submitted annually beginning on AND ENVIRONMENTAL AFFAIRS:
Misc MD H 660 Frush (D) Department of Agriculture 2/9/11 Failed Died March 1, 2013. Reported unfavorably.
Prohibits the application of pesticides

using aircraft. It prohibits use of
pesticides for aesthetic purposes, for
removing vegetation in parks and for
removing roadside vegetation when the
vegetation can be controlled by other
means. It directs the Department of
Agriculture, Food and Rural 03/01/2011 - HOUSE adopts Majority
Resources, Board of Pesticides Control Committee Report: Ought not to
to revise its rules as necessary to be pass.;03/01/2011 - SENATE adopts
consistent with this Act and designates Majority Committee Report: Ought not
Misc ME H 449 McFadden (R) Pesticide Use 2/14/11 Failed Died such rules as routine technical. to pass.
03/03/2011 - In HOUSE Committee on
RURAL COMMUNITY
DEVELOPMENT: Voted do pass as
substituted.;03/03/2011 - From HOUSE
Proposes a constitutional amendment Committee on RURAL COMMUNITY
guaranteeing the right to grow crops, DEVELOPMENT: Do pass as
Failed - House Rules hunt and fish wildlife, and raise animals substituted.;03/03/2011 - To HOUSE
Misc MO HJR 17 Smith Ja (R) Right to Grow Crops Constitutional Amendment 2/2/11 Adjourned Committee in a humane manner. Committee on RULES.
03/10/2011 - From SENATE
Committee on AGRICULTURE, FOOD
PRODUCTION AND OUTDOOR
Failed - RESOURCES: Reported do pass as
Misc MO SJR 11 Munzlinger (R) Right to Hunt and Fish 1/12/11 Adjourned SENATE Relates to the right to hunt and fish. substituted.
Phases out traditional animal waste 04/05/2011 -
House Rules, management systems that serve swine INTRODUCED.;04/05/2011 - To
Calendar and farms and to establish minimum HOUSE Committee on RULES,
Operations of the humane standards for the treatment of CALENDAR, AND OPERATIONS OF
Misc NC H 610 Harrison (D) Animal Waste Management Systems 4/4/11 4/5/11 Pending House Committee cows, poultry, and swine. THE HOUSE.
Urges the United States Environmental
Protection Agency to request an
additional 12-month stay of mandate
for implementation of the Sixth Circuit
Court of Appeals ruling in the matter of
National Cotton Council of America et
al., v. United States Environmental
Misc ND SCR 4008 Klein J (R) United States Environmental Protection Agency 1/19/11 Adopted Chaptered Protection Agency. 07/07/2011 - Chapter Number 560
EEA Roundup 7/21/11
Relates to agriculture, provides

protection for farmers from liability over 01/18/2011 -
possession of genetically engineered INTRODUCED.;01/18/2011 - To
Senate products, provides for court jurisdiction SENATE Committee on
Failed - Conservation for infringement cases, imposes liability CONSERVATION.;01/18/2011 - To
Liability NM S 51 Fischmann (D) Agriculture and Farmer Liability Protection 12/29/10 1/18/11 Adjourned Committee on manufacturers for private nuisance. SENATE Committee on JUDICIARY.
Relates to agriculture, enacts the
Agriculture Protection Act, provides for
House Agriculture review of economic impacts of 01/31/2011 - To HOUSE Committee on
and Water agriculture rules, allows investigations AGRICULTURE AND WATER Economic
Failed - Resources of agriculture adjudications and RESOURCES.;01/31/2011 - To Impact
Misc NM H 276 Nunez (D) Agriculture Rules 1/31/11 Adjourned Committee complaints. HOUSE Committee on JUDICIARY. Statement Act
Relates to agriculture, provides 02/03/2011 -

protection for farmers from liability over INTRODUCED.;02/03/2011 - To
Senate possession of genetically engineered SENATE Committee on
Failed - Conservation products, provides for court jurisdiction CONSERVATION.;02/03/2011 - To
Liability NM S 384 Fischmann (D) GM Crops and Liability 2/3/11 Adjourned Committee for infringement cases. SENATE Committee on JUDICIARY.
Relates to agriculture, provides

protection for farmers from liability over protection
possession of genetically engineered from liability
products, provides for court jurisdiction for genetically
for infringement cases, imposes liability 02/28/2011 - In HOUSE. Failed to engineered
Liability NM H 46 Bandy (R) Farmer Protection and Genetically Engineered Products 1/10/11 1/18/11 Failed HOUSE on manufacturers for private nuisance. pass HOUSE. products
Requires State Fish and Wildlife
Commission to consult with cities and
counties on impact to local economies
from additions to lists of threatened or
endangered species, requires
commission to work with cities and
Senate Environment counties to mitigate adverse economic
and Natural impact on local economies after 01/14/2011 - To SENATE Committee
Failed - Resources species listed as threatened or on ENVIRONMENT AND NATURAL
Misc OR S 289 Ferrioli (R) Wildlife 1/10/11 Adjourned Committee endangered. RESOURCES.
Requires the State Department of
Agriculture to charge annual permit
fees for confined animal feeding 06/22/2011 - Chaptered. Chapter No.
Misc OR S 120 Courtney (D) Fees for Confined Animal Feeding Operations 1/10/11 Enacted Chaptered operations. 325
(Concurrent Resolution) Memorializes
the congress of the united states not to
enact the proposed Food and Drug
Administration Food Safety
Modernization Act designated as
House Invitations senate bill 510 because of the
and Memorial substantial and unfair burdens it places 01/11/2011 - To HOUSE Committee on
Resolutions on the farmers of this state and other INVITATIONS AND MEMORIAL
Misc SC H 3187 Chumley (R) Food Safety Modernization Act 12/14/10 1/11/11 Pending Committee states. RESOLUTIONS.
House Agriculture Relates to the establishment of the
Failed - and Livestock Texas Livestock Care Standards 02/15/2011 - To HOUSE Committee on
Misc TX H 334 Miller S (R) Texas Livestock Care Standards 11/19/10 1/11/11 Adjourned Committee Advisory Committee. AGRICULTURE AND LIVESTOCK.
Makes changes to programs and
duties of the Department of Agriculture
and Food to include agricultural
mediation program participation, the
promotion and support of multiple use
of public lands, acting mediator
concerning public lands issues,
pesticide dealers triennial license,
rangeland health improvement credits,
conservation easement purchases,
agricultural producers environmental
stewardships, the beef promotion fee,
nutrient management systems, and an 03/31/2011 - Chaptered. Chapter No.
Misc UT S 32 Okerlund (R) Duties of the Department of Agriculture and Food 12/29/10 1/24/11 Enacted Chaptered animal slaughter license exception. 383
EEA Roundup 7/21/11
Regulates several aspects relating to
the application and use of fertilizer to
lawns and turfs, including rules against
applying fertilizers containing
phosphorus or applying fertilizer when
the ground is frozen, and the inclusion
of a cautionary label on application and
use, provides that the prohibitions do 01/31/2011 - From SENATE
not apply if the turf area is newly Committee on AGRICULTURE,
established or under repair, provides CONSERVATION AND NATURAL
that recent soil tests indicate the need RESOURCES: Reported as
Misc VA S 922 McDougle (R) Fertilizer Regulation 1/10/11 1/12/11 Failed SENATE for phosphorus fertilizer. substituted, see S. 1055
Prohibits the application of fertilizers

that contain phosphorus for use on
lawns, golf courses, parks, and
cemeteries, provides that the
prohibition does not apply to fertilizer
products primarily intended for
gardening, trees, shrubs, or indoor
plants, provides that the bill prohibits
the application of fertilizer that contains
phosphorus when the ground is frozen, 02/02/2011 - From HOUSE Committee
provides that any fertilizer that runs on AGRICULTURE, CHESAPEAKE
onto impervious surfaces has to be AND NATURAL RESOURCES:
Misc VA H 1751 Plum (D) Lawn Fertilizers 1/11/11 1/12/11 Failed HOUSE immediately contained and collected. Reported as substituted, see H. 1831.
Expands the definition of agricultural
production activities in the Right to
Farm Act to include the practice of
aquaculture, provides that in areas
zoned as agricultural or silvicultural, no
special use permit shall be required for
such activities, provides that localities
are restricted from regulating the
aquaculture production activities of
riparian landowners on their own land
and Piers, provides that those Piers 02/16/2011 - In HOUSE Committee on
placed for noncommercial purposes AGRICULTURE, CHESAPEAKE AND
Misc VA S 1190 Norment (R) Aquaculture Definition 1/12/11 Failed Tabled in Committee and exempt from regulation. NATURAL RESOURCES: Tabled.
Relates to fertilizer, prohibits sale and

use of fertilizer containing phosphorus,
prohibits sale of any deicing agent
containing urea, nitrogen, or
phosphorus intended for application on
parking lots and roadways, requires a
label on lawn fertilizer that states that
the product should not be applied near
storm drains or drainage ditches or
when heavy rain is expected,
establishes public reporting
requirements for contractor-applicators 03/22/2011 - Signed by
and licensees who apply lawn fertilizer, GOVERNOR.;03/22/2011 - Acts of
Misc VA H 1831 Scott E (R) Fertilizer Application and Use 1/11/11 1/12/11 Enacted Chaptered relates to golf courses. Assembly. Chapter No. 341.
Revises laws governing manufacture
and application of fertilizer,
incorporates guidelines adopted by the
Association of American Plant Food
Control Officials, adopts generic
precautionary labeling guidelines to
prevent fertilizer runoff into waterways,
shifts the permit year to begin on April
1, require distributors of commercial
fertilizer to submit an annual statistical
report, provides a civil penalty for
violation of a written stop sale, allows
late fees for failing to renew a 03/25/2011 - Acts of Assembly.
Misc VA H 2057 Poindexter (R) Fertilizer Manufacture and Application 1/12/11 Enacted Chaptered registration. Chapter No. 564.
EEA Roundup 7/21/11
Provides standards of care for

agricultural animals that ensure
accommodation for customary farming
activities, provides for feed, water and
veterinary care, clarifies procedures for
the seizure and impoundment of
agricultural animals, allows agricultural
animals whose owner has not met the
new adequate care standards to be 03/28/2011 - Acts of Assembly.
Misc VA H 1541 Orrock (R) Agricultural Animals Care 12/30/10 1/12/11 Enacted Chaptered sold by a local governing body. Chapter No. 754.
Proposes to require a state discharge
permit for pesticide applications for
mosquito control, aquatic nuisance
control, forest canopy pest control, and
control of pests within 50 feet of state
water or significant wetland, requires a
discharge permit for pesticide
Senate Natural application to include a requirement for 01/21/2011 - To SENATE Committee
Pending - Resources and the implementation of integrated pest on NATURAL RESOURCES AND
Misc VT S 25 Lyons (D) Pesticide Application Permits 1/20/11 Carryover Energy Committee management. ENERGY.
Limits the sale, display, and application
of turf fertilizer labeled as containing
Misc WA H 1489 Billig (D) Fertilizer and Phosphorus 1/21/11 Enacted Chaptered phosphorus. 04/14/2011 - Chapter No. 73
04/26/2011 - 2011 FIRST SPECIAL
SESSION ACTION.;04/26/2011 - By
Pending - Limits the use of fertilizer containing Order of Resolution - Reintroduced
Misc WA S 5194 White S (D) Use of Fertilizer Containing Phosphorus 1/18/11 Carryover SENATE phosphorus. and retained in present status.
Creates the Genetically Engineered
Failed - House Agriculture Crop and Animal Farmer Protection 01/12/2011 - To HOUSE Committee on
Misc WV H 2180 Manypenny M (D) Genetically Engineered Crop and Animal 1/12/11 Adjourned Committee Act. AGRICULTURE.
Relates to livestock, repeals provisions

for participation in a national livestock
identification program and establishing
a Wyoming livestock identification and
traceability program, authorizes rule
making, provides an appropriation,
repeals a criminal penalty, provides for 02/11/2011 - No Report Prior to
Misc WY S 64 Joint Interim Ag, State & Public Lands Livestock Identification 1/6/11 1/11/11 Failed Died an effective date. Committee of the Whole Cutoff.
Relates to animals, limits certain

animal protection provisions to
livestock animals, provides for the
protection of livestock animals, adds a
definition, provides exceptions,
provides an increased penalty for
repeat offenses, repeals the authority
of any person to furnish food and water
to impounded animals deprived of the
same, updates provisions regarding 03/02/2011 - Signed by
the destruction or impoundment of GOVERNOR.;03/03/2011 - Chapter
Misc WY S 10 Joint Interim Ag, State & Public Lands Protection of Livestock Animals and Penalties 11/22/10 1/11/11 Enacted Chaptered diseased or injured livestock animals. No. 100
Creates the Wyoming Animal

Remedies Act, repeals existing
livestock remedy provisions, creates
animal remedy provisions, relates to
animal drugs, provides for powers and
duties of the director of the department
of agriculture, provides for registration
and fees, medicated feed, audits,
requirements for packaging and
labeling, inspections and sampling and
rule making, provides for notice and 03/02/2011 - Signed by
seizure, provides for penalties, GOVERNOR.;03/03/2011 - Chapter
Misc WY S 65 Joint Interim Ag, State & Public Lands Livestock Regulations 1/6/11 1/11/11 Enacted Chaptered provides for an effective date. No. 98
Exhibit 186: Misc
EEA Roundup 7/21/11
Revises the Eminent Domain Law to establish requirements for
acquisition of property subject to a conservation easement.
Requires the person seeking to acquire the property to give the
holder of the conservation easement a notice containing specified
information and an opportunity to comment on the acquisition.
Assembly Requires the notice of the hearing on the resolution of necessity to
Third be sent to any holder of the conservation easement and public
Eminent_Domain CA S 328 Kehoe (D) Eminent Domain Law: Conservation Easement 2/15/11 Pending Reading File entity. 07/07/2011 - In ASSEMBLY. Read second time. To third reading.
Concerns the reinforcement of the prohibition on governmental
Failed - Postponed takings of certain types of property without providing procedural 02/17/2011 - From HOUSE Committee on JUDICIARY: Postponed
Eminent_Domain CO H 1066 McKinley (D) Due Process Prior to Government Taking 1/19/11 Adjourned Indefinitely due process to the property owner. indefinitely.
Proposes an amendment to the Constitution of the State of
House Georgia so as to prohibit the taking of private property through
Pending - Judiciary eminent domain, provides for submission of this amendment for eminent
Eminent_Domain GA HR 2 Franklin (R) Eminent Domain 11/15/10 1/10/11 Carryover Committee ratification or rejection. 01/12/2011 - To HOUSE Committee on JUDICIARY. domain
Prohibits use of power of eminent domain to take and transfer
private property to a private entity that had expressed interest in
Pending - In Multiple purchasing the same property for development purposes or other 01/24/2011 - Subsequent referral set for: SENATE Committee on
Eminent_Domain HI S 818 English (D) Eminent Domain 1/21/11 Carryover Committees private use. JUDICIARY AND LABOR.
Prohibits the State and counties from condemning private property
for a private economic interest or for a private entity that
Pending - In Multiple expressed an interest in developing that same property for 01/24/2011 - Subsequent referral set for: SENATE Committee on
Eminent_Domain HI S 867 Slom (R) Eminent Domain 1/21/11 Carryover Committees development purposes or private use before the condemnation. JUDICIARY AND LABOR.
Senate
Public
Safety,
Government 02/18/2011 - From SENATE Committee on PUBLIC SAFETY,
Operations, Restricts the eminent domain powers of the counties to ensure GOVERNMENT OPERATIONS AND MILITARY AFFAIRS: Do pass
and Military that private property, if acquired by a county through its eminent as amended.;02/18/2011 - In SENATE. Read second time.
Pending - Affairs domain powers, is acquired only for public uses and not for private Committee amendment adopted. Senate Draft 1.;02/18/2011 - To
Eminent_Domain HI S 1147 Slom (R) Counties 1/24/11 Carryover Committee use. SENATE Committee on JUDICIARY AND LABOR.
Proposes an amendment to the State Constitution to prohibit the

condemnation of private property for certain purposes if the
property is intended to be transferred to a private person, requires
that a certain issue in a condemnation proceeding be tried by a
jury under certain circumstances, submits this amendment to the 02/21/2011 - From HOUSE Committee on ENVIRONMENTAL eminent
Eminent_Domain MD H 8 Smigiel (R) Eminent Domain 12/21/10 1/12/11 Failed Died qualified voters of the State for their adoption or rejection. MATTERS: Reported unfavorably. domain
Senate 03/03/2011 - From SENATE Committee on JOBS AND ECONOMIC
Pending - Taxes Relates to job creation, reduces certain taxes, provides for GROWTH: Do pass.;03/03/2011 - Rereferred to SENATE Committee
Eminent_Domain MN S 1 Michel (R) Job Creation 1/10/11 Carryover Committee permitting efficiency, modifies environmental review requirements. on TAXES.
Relates to environment, provides for permitting efficiency, modifies 03/03/2011 - Signed by GOVERNOR.;03/03/2011 - Filed with
Eminent_Domain MN H 1 Fabian (R) Environment Review Requirements 1/10/11 Enacted Chaptered environmental review requirements. Secretary of State. Chapter No. 2011-4
Prohibits use of the power of eminent domain for the purposes of
converting privately owned real property for retail, office,
commercial, industrial or residential development, for
enhancement of tax revenue, or for transfer to a person,
nongovernmental entity, public-private partnership, corporation or eminent
Eminent_Domain MS H 35 Chism G (R) Eminent Domain Restrictions 12/14/10 1/4/11 Failed Died other business entity. 02/01/2011 - Died in committee. domain
Prohibits use of the power of eminent domain except for a public eminent
Eminent_Domain MS S 2039 Fillingane J (R) Eminent Domain 1/4/11 Failed Died use. 02/01/2011 - Died in committee. domain
(Constitutional Amendment) Proposes a Constitutional
amendment that provides that private property shall never be eminent
Eminent_Domain MS HCR 23 Evans B (D) Eminent Domain 1/6/11 Failed Died taken for private economic development purpose. 02/01/2011 - Died in committee. domain
Prohibits the use of the power of eminent domain for certain
Eminent_Domain MS H 610 Gardner (D) Eminent Domain 1/11/11 Failed Died private, nongovernmental purposes, provides exemptions. 02/01/2011 - Died in committee.
(Constitutional Amendment) Proposes a Constitutional
amendment which relates to the subject of eminent domain, for
the purpose of the possible consideration of a legislative
alternative to the original initiative measure, relates to the subject
Eminent_Domain MS HCR 39 Evans J (D) Eminent Domain 1/17/11 Failed Died of eminent domain, for purposes of possible amendment. 02/01/2011 - Died in committee.
Prohibits use of the power of eminent domain except for a public
use, provided due compensation is made, clarifies the right of
eminent domain shall not be exercised for the purpose of taking or
damaging privately owned real property for private development,
for a private purpose, for enhancement of tax revenue, or for
transfer to a person, nongovernmental entity, public-private eminent
Eminent_Domain MS H 510 Blackmon (D) Eminent Domain 1/10/11 Failed Died partnership, corporation or other business entity. 03/01/2011 - Died in committee. domain
Amends the Constitution of North Carolina to prohibit
condemnation of private property to convey an interest in that
Senate property for economic development and to provide for the
Judiciary I payment of just compensation with right of trial by jury in all 02/07/2011 - INTRODUCED.;02/07/2011 - To SENATE Committee on
Eminent_Domain NC S 37 Jackson B (R) Condemnation Cases and Private Property 2/3/11 2/7/11 Pending Committee condemnation cases. JUDICIARY I.
Amends the Constitution of North Carolina to prohibit
condemnation of private property to convey an interest in that
Senate property for economic development and to provide for the
Judiciary I payment of just compensation with right of trial by jury in all
Eminent_Domain NC H 8 Stam (R) Condemnation Cases and Private Property 1/26/11 1/27/11 Pending Committee condemnation cases. 05/02/2011 - To SENATE Committee on JUDICIARY I.
Clarifies landowners' rights over water on their property and the
construction of wells on their property, requires counties to
implement a private drinking water well permitting, inspection, and
testing program, provides that a water supply well includes wells
constructed by an individual on land which is owned or leased by
the individual, appurtenant to a single-family dwelling, and
intended for domestic use including nonpotable household 06/23/2011 - Signed by GOVERNOR.;06/23/2011 - Session Law
Eminent_Domain NC S 676 Rouzer (R) Landowner Water Rights and Well Construction 4/19/11 4/20/11 Enacted Chaptered purposes, farm livestock, or gardens. Number 2011-255
Exhibit 186: Misc
EEA Roundup 7/21/11
Relates to eminent domain petitions by public utilities, prohibits
public utilities from petitioning for permission to take private land
or property rights for the construction or operation of an electric
Pending - generating plant or a transmission facility so long as the
Eminent_Domain NH H 648 Rappaport (R) Eminent Domain 2/16/11 Carryover SENATE transmission facility is not needed for system reliability. 06/01/2011 - Rereferred to SENATE Committee on JUDICIARY.
Relates to eminent domain, relates to the right of just
compensation, modifies definition, defines term, directs Attorney
General to prepare a Landowner's Bill of Rights, requires certain
notices and information to be included in Landowner's Bill of
House Rights, mandates that entity disclose certain information at the
Pending - Judiciary time of acquisition, allows for owner to repurchase property if
Eminent_Domain OK H 1641 Ritze (R) Eminent Domain 1/21/11 2/7/11 Carryover Committee certain conditions occur, sets repurchase price for owner. 02/08/2011 - To HOUSE Committee on JUDICIARY.
Relates to the use of eminent domain authority and the limitations
on purpose and use of property acquired through eminent domain,
House Land relates to easement rights of a property owner whose property
& Resource was acquired through the eminent domain process for the
Failed - Management purpose of a pipeline to be used for oil or gas exploration or 02/15/2011 - To HOUSE Committee on LAND AND RESOURCE
Eminent_Domain TX H 279 Geren (R) Eminent Domain Authority 11/15/10 1/11/11 Adjourned Committee production activities. MANAGEMENT.
Relates to the ownership of groundwater below the surface of
land, the right to produce that groundwater, and the management
of groundwater in the state, relates to the authority to drill a well
by a landowner who fails to comply with minimum well spacing or
tract size requirements, relates to the regulation of groundwater
production, relates to the proportionate share of available
groundwater for production from an aquifer, provides the
Signed by considerations to be taken when adopting groundwater
Eminent_Domain TX S 332 Fraser (R) Groundwater Ownership Rights 1/12/11 Enacted Governor management rules. 06/17/2011 - Signed by GOVERNOR.
Proposes a constitutional amendment that limits the exercise of
eminent domain for the purpose of public use and specifies that,
with the exception of property taken for public service
corporations, public service companies, or railroads, property may
not be taken if the primary purpose of the taking is private
financial gain, private benefit, an increase in tax base or tax 01/12/2011 - To SENATE Committee on PRIVILEGES AND eminent
Misc VA SJR 307 Obenshain (R) Private Property Constitutional Amendment 1/5/11 1/12/11 Failed Died revenues, or an increase in employment. ELECTIONS.;02/08/2011 - Left in committee. domain
Proposes a constitutional amendment that expands the prohibition
on the enactment by the General Assembly of Laws whereby
private property may be taken or damaged, provides that an
existing provision authorizing the General Assembly to define
what constitutes a public use is removed, states that the right to
private property is fundamental, clarifies that the damaging or
taking of private property is prohibited except for public use, and
only upon the payment of just compensation to the owner, 02/04/2011 - From HOUSE Committee on PRIVILEGES AND
Eminent_Domain VA HJR 647 Bell Ro (R) Taking Or Damaging of Private Property 1/12/11 Failed HOUSE requires th. ELECTIONS: Reported as substituted, see HJR 693.
Proposes a constitutional amendment that expands the prohibition

on the enactment by the General Assembly of Laws whereby
private property may be taken or damaged, provides that an
existing provision authorizing the General Assembly to define
what constitutes a public use is removed, states that the right to
private property is fundamental, clarifies that the damaging or
taking of private property is prohibited except for public use, and
Misc VA HJR 693 Joannou (D) Private Party Constitutional Amendment 1/17/11 Adopted Chaptered only upon the payment of just compensation to the owner. 02/23/2011 - Acts of Assembly. Chapter No. 757.
Proposing an amendment to the Constitution of the State of West
Virginia, amending section nine, article three thereof, relating to
House prohibiting the taking of private property for private use,
Constitutiona numbering and designating such proposed amendment, and
Failed - l Revision providing a summarized statement of the purpose of such 01/18/2011 - To HOUSE Committee on CONSTITUTIONAL
Misc WV HJR 24 Overington (R) Constitutional Amendment 1/18/11 Adjourned Committee proposed amendment. REVISION.
Requests Congress to refrain from enacting any Laws which

restrict private property rights in violation of the United States
Constitution, calls on the Wyoming delegation to Congress to
resist the enactment of all federal Laws which impinge on property
rights, calls on all elected officials in Wyoming to recognize and
Failed - protect property rights as guaranteed by the United States 02/08/2011 - From SENATE Committee on TRAVEL, RECREATION,
Misc WY HJR 6 Hunt (R) Private Property Rights 1/18/11 Adjourned HOUSE Constitution and the Constitution of the State of Wyoming. WILDLIFE AND CULTURAL RESOURCES: Do pass.
Relates to environmental quality, repeals required report to the
Misc WY S 76 Joint Interim Minerals, Business & Econo Environmental Quality and Environmental Audits 1/10/11 1/11/11 Enacted Chaptered legislature on voluntary environmental audits. 02/17/2011 - Signed by GOVERNOR.;02/18/2011 - Chapter No. 24

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Return of Private Foundation OMB No 1545-0052

For,990-PF or Section 4947(a)(1) Nonexempt Charitable Trust

Use the IRS

CEffAnalysis of Revenue and Expenses (d) Disbursements

c Gross profit or (loss) (attach schedule) .

0 c Other professional fees (attach schedule). . . 296,103 296,103

21 Mortgages and other notes payable (attach schedule) . . . . .

23 Total liabilities ( add lines 17 throu g h 22 ) 18,710,439 26,376,173

y 29 Retained earnings, accumulated income, endowment, or other funds

a 25 100,000 6,096,432 19,003,568

If section 4940(d)(2) applies, leave this part blank

2002 47,555,340 59 , 189 , 262 0.8034

2 Total of line 1, column (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5.0864

5 Multiply line 4 by line 3 ...................................... 5 86 , 907 , 248

7 Add lines 5 and 6 7 87 , 100 , 301

8 Enter qualifying distributions from Part XII, line 4 , , , , , , , , , , , , , , , , , , • . . . . . 8 63 , 957 , 068

here ^ and enter 1 % of Part I, line 27b

3 Add lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 386, 105

--------- ' --------- ---------

Total number of other employees paid over $50,000 . ^ I

Total number of others receiving over $50,000 for professional services ,

Summary of Direct Charitable Activities

Form 990-PF (2005)

All other program-related investments See page 22 of the instructions

Total. Add lines 1 throu g h 3 ^

Undistributed Income (see page 24 of the instructions)

c Treated as distributions out of corpus (Election

f Undistributed income for 2005 Subtract

7 Amounts treated as distributions out of

C Qualifying distributions from Part

(1) Value of all assets . . .

see attached program information

see attached program information

a Paid during the year

Total .................................................. 3a 63,660,965

4 Dividends and interest from securities

Form 990-PF (2005)

(a) Name of organization (b) Type of organization (c) Description of relationship

` Signature of officer or trustee

ExxonMobil Foundation 13-6082357

Filers of: Section:

Form 990 or 990-EZ ❑ 501(c)( ) (enter number) organization

❑ 4947(a)(1) nonexempt charitable trust not treated as a private foundation

❑ 527 political organization

Form 990-PF 501(c)(3) exempt private foundation

❑ 4947(a)(1) nonexempt charitable trust treated as a private foundation

❑ 501(c)(3) taxable private foundation

ExxonMobil Foundati on 1 3-608235 7

Contributors (See Specific Instructions )

1 Exxon Mobil Corporation Person

(a) (b) (c) (d)

2 Exxon Mobil Corporation Person

(a) (b) (c) (d)

3 Exxon Mobil Oil Corporation Person

(a) (b) (c) (d)

( a) (b) (c) (d)

(a) (b) (c) (d)

Schedule a (Form 990, 990-EZ, or 990-PF)(2005)

Noncash Property (See Specific Instructions )

(a) No. (c)

(a) No. (c)

(a) No. (c)

(a) No. b (C)