An article by Lucy Nicholson/Reuters writing for News Week reports that the North Carolina Senate will introduce a bill called “Energy Modernization Act. SENATE DRS25123-RIxz (01/22)”. A part of this bill will enact the extraordinary authority to make disclosure of fracking fluid information without permission a felony- i.e., a criminal act. Normally, cases of disclosure of commercial confidential information is a civil matter leading to injunction and/or monetary awards.

A quick look at bill shows the following language:

SECTION 7.(a) Article 27 of Chapter 113 of the General Statutes is amended by 26 adding a new section to read: 27

Sponsors: Senators Rucho, Newton, and Brock (Primary Sponsors).

§ 113-391A. Trade secret and confidential information determination; protection; 28 retention; disclosure to emergency personnel.

… [refer to page 11, line 39]

(d) Penalties for Unlawful Disclosure. – Except as provided in subsection (c) of this section or as otherwise provided by law, any person who has access to confidential information pursuant to this section and who discloses it knowing it to be confidential information to any person not authorized to receive it shall be guilty of a Class I felony, and if knowingly or negligently disclosed to any person not authorized, shall be subject to civil action for damages and injunction by the owner of the confidential information, including, without limitation, actions under Article 24 of Chapter 66 of the General Statutes. [italics by Gaussling]

There are numerous exceptions for government officials who have a need to know this information in the course of their responsibilities as well as emergency medical personnel who demonstrate a need to know.

One has to ask why the Senators wrote law to render disclosure of commercial information relating to fracking fluids a Class I felony as well as an act being subject to civil litigation. Do they believe this is in the public interest? This act will make it difficult for people to monitor ground water for tell-tale components of drilling or fracking fluids because the composition of the injected fluid is confidential. If you are not allowed to identify the input fluids, how can you claim that contaminants found are related to fracking?

Does this law also mean that being in possession of a material safety data sheet (MSDS), a shipping document required by law, could constitute a violation? Oh, even better, will the MSDS contain enough information to be useful to workers, emergency responders, or fire inspectors on the scene and without delay? Or will the material be listed as a mixture of Stuff A, Stuff B, and Stuff C? And by the way, don’t get this shit in your eyes.

So, Senators Rucho, Newton, and Brock. What about the Class I felony G.S. 95-197? Doesn’t that contradict some language in your law?

I    G.S. 95-197 Withholding hazardous substance trade secret information.

It seems like the sponsors are helping someone render future litigation and recovery of damages much more expensive and complex. Does this help your constituents? I mean, you know, the ones who are not corporate entities.