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Mayors Conferc MTBE liabilityTHE UNITED STATES CONFERENCE OF MAYORS 1620 EYE ~ WA$~ING"I'ON. D_C. 20006 TEl .EPHOlq'~, (202} FAX (202) 29~-2~52 MEMO TO: FROM: The MaY°~_ ~or Tom Cochran, Ex ' DATE: September 5, 2003 RE: MTBE Liability Issue- Action is Needed As Congress returns ~rom Auto, st recess, thc House-Senate conference committee is expected to reconcile comprehensive energy bills- FI.K. 6 and S- 517_ The Mouse bill contains a provision in which "safe harbor" will be granted to manufactuzers ct- methyl tertiary butyl ether (IvlTB]~)- The Sena~ bill does not provide this type of liability protection. In the House bill, "safe harbor" provides roa~ufacture~s of MTBE immunity from claims that the fuel additive is "defective in design or manufacture." Many states have already banned the nsc of MTBE as a fuel additive due to its toxicity and harmful affects on groundwater and surface water. Were Congress to enact legislation exempting MTBE from product liablllty claims, comparfies would avoid responsibility for manufacitcdag this defec'dve product, thus shifting the cost of clean-up and decontamination to local and state taxpayers. Al the Conference of Mayors Annual Meeting in Denver, Colorado, we passed a resolution supporting the prohibition of liability protection for MTBE manufactttrers- I have attached a copy of that resolution for your information. Also attached is a letter that we sent to the Hill expressing our concern regarding t_his issue and to demonstrate America's mayors united efforts to minimize threats to public health, -damage to our local environmentS, and un.tgJr expenses for local taxpayers across the cotmtry_ The health of ottr cities and our citizens would be greatly jeopardized ii' a i3nal Energy Bill were to contain any legislation granting liability protection to manufacturers of MTBE- Please call your Representative and your Senators and urge them to contact the conferees to the Energy Bill to not include any provision or adopt any amendment providing s~ch "safe harbor" for MTBE. Lf you have any questious, please contact Judy She. ahan (202-861-6775) or Debra Detlancy-[-Ioward (202-861-6702) of my stuff. Thank you for your assistance. THE UNITED 'STATES CONFERENCE OF MAYORS 1620 EY£ STI~EI[.T. NO xX/ASHIlqGTON, D.C, 20006 TELEPHONE (202) 2~:3-7~30 FAX (202) 2~3-Z352 July I0:2003 The Honorable Pete V, Domenicl Chairwan Energy & Natural Resources 364 Dir~en Senate Office Building Washington= DC 20510 Dem. r Chairman DomenicO: urge you to oppose On behalf of The United States Conference of Mayors, ! am wfitmg'~o any amendment that may be off, red to the comprehensive energy bill (S.14) limiting liability for manufacturers of methyl tertiary butyl ether (MTBE). On April 11, the Mouse of P, epresenmfives passed H.R. 6, a comprehensive energY bill in which "safe harbor" was granted to manufacturers of MTBE. In the 1louse bilL. "safe harbor" provides manufacturers of MTBE immuui~ from claims that · . - = ....."Many states have already banned the 5uel additive is "defective m dasTgn or manumc ...... 'd~e use oflWfBE as a fuel additive due to it~ toxicity and harmful affects on groundwater and ~urface water. Were Congress to enact legislation exempting MTBE from product li'~biliX'y clams, companies would avoid responsibility for manufacturing defective products, thus shiCdng th'e ce~ of clean-up and deceatamlnation to local and state taxpayers. On June 9m at the Conference of MayorS Aonual Meeting in DenveL Colorado, the organi~mtions membership passed a resolution supporting ~e prohibition of liability protection for MTBE manufacturers- I have enclosed a copy of that resolution for your · ' ~n their efforts to minimize threaXs to public information- Amemea's mayors are umted health, damage to our local environmentS, and unfair e~penses for local taxpayers across the eounlxy. The healtix of our cities and our citizens mould be greatly jeopardized if the SenSe Energy · . ation araating liability pro~ection to manufacturers °f MTBE' Bill wer_e to eon~m amy legi_sl~,~ ~roteeting public health~, public safety, and the ThelqatTon'~ mayoI5 are comma,t~,, ~-- e- environment We uzge the Senate not to include any provision or adopt may amendraent providing such "safe harbor-" l look forward to mee'dng you the next time 1 am in Washington D.C-, ~o discuss this issues and any o~&er issues related to energy policy. Sincerely, James A. Garner Mayor of Flempstead ?resldenl Gus Morrison Mayor of Fremont Chair, Energy Standing Committee Z~£Z£6ZZOZ Office o~' the Mayor and City CounciI City Ha~ 50 West 13th Street Dubuque, Iowa 52001~864 OctOber 2, 2003 Congressman Jim Nussle 303 Cannon House Office Bldg. Washington, DC 20515 Dear Congressman Nussle, On behalf of City of Dubuque, I am writing to urge you to oppose any amendment that may be offered to the comprehensive energy bill (S.14) limiting liability for manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of Representatives passed H.R. 6, a comprehensive energy bill in which "safe harbor" was granted to manufacturers of MTBE. In the House bill, "safe harbor" provides manufacturers of MTBE immunity from claims that the fuel additive is "defective in design or manufacture." Many states have atready banned the use of MTBE as a fuel additive due to its toxicity and harmful affects on groundwater and surface water. Were Congress to enact legislation exempting MTBE from product liability claims, companies would avoid responsibility for manufacturing defective products, thus shifting the cost of clean-up and decontamination to local and state taxpayers. The health of our city and our citizens would be greatly jeopardized if the Senate Energy Bill were to contain any legislation granting liability protection to manufacturers of MTBE. The Dubuque City Council is committed to protecting the public health and public safety of our citizens, as well as our environment. We urge the Senate not to include any provision or adopt any amendment providing such "safe harbor." Thank you for your consideration of this request. Sincerely, Terry Duggan, Mayor City of Dubuque Service People Integrity Responslbility Irmovation Teamwork Office of the Mayor and City Council Cfty Hah 50 West 13th Street Dubuque, Iowa 52001~864 October 2, 2003 Senator Tom Harkin 731 Hart Building Washington, DC 20510 Dear Senator Harkin, On behalf of City of Dubuque, I am writing to urge you to oppose any amendment that may be offered to the comprehensive energy bill (S.14) limiting liability for manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of Representatives passed H.R. 6, a comprehensive energy bill in which "safe harbor" was granted to manufacturers of MTBE. In the House bill, "safe harbor" provides manufacturers of MTBE immunity from claims that the fuel additive is "defective in design or manufacture." Many states have already ~banned the use of MTBE as a fuel additive due to its toxicity and harmful affects on groundwater and surface water. Were Congress to enact legislation exempting MTBE from product liability claims, companies would avoid responsibility for manufacturing defective products, thus shifting the cost of clean-up and decontamination to local and state taxpayers. The health of our city and our citizens would be greatly jeopardized if the Senate Energy Bill were to contain any legislation granting liability protection to manufacturers of MTBE. The Dubuque City Council is committed to protecting the public health and public safety of our citizens, as well as our environment. We urge the Senate not to include any provision or adopt any amendment providing such "safe harbor." Thank you for your consideration of this request. Sincerely, Terry Duggan, Mayor City of Dubuque Service People Integrity Responsibility ]rmovafion Teamwork Office of the Mayor and City Council City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 October 2, 2003 Senator Charles Grassley 135 Hart Office Building Washington, DC 20510 Dear Senator Grassley, On behalf of City of Dubuque, I am writing to urge you to oppose any amendment that may be offered to the comprehensive energy bill (S.14) limiting liability for manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of Representatives passed H.R. 6, a comprehensive energy bill in which "safe harbor" was granted to manufacturers of MTBE. In the House bill, "safe harbor" provides manufacturers of MTBE immunity from claims that the fuel additive is "defective in design or manufacture." Many states have already banned the use of MTBE as a fuel additive due to its toxicity and harmful affects on groundwater and surface water. Were Congress to enact legislation exempting MTBE from product liability claims, companies would avoid responsibility for manufacturing defective products, thus shifting the cost of clean-up and decontamination to local and state taxpayers. The health of our city and our citizens would be greatly jeopardized if the Senate Energy Bill were to contain any legislation granting liability protection to manufacturers of MTBE. The Dubuque City Council is committed to protecting the public health and public safety of our citizens, as well as our environment. We urge the Senate not to include any provision or adopt any amendment providing such "safe harbor." Thank you for your consideration of this request. Sincerely, Terry Duggan, Mayor City of Dubuque Service People Integrity Responsibility Innovation Teamwork