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Conservation Community Reacts to Gov. Polis Signing SB 19-181

DENVER — Today, Governor Jared Polis signed SB 19-181, Protect Public Welfare Oil and Gas Operations. The new law will protect public health and safety when it comes to oil and gas development.

Conservation groups responded to the bill’s passage with the following statements:

“Today marks a new chapter in Colorado’s history. For the first time ever, our state is on track to put the health and safety of workers and residents, and our environment ahead of oil and gas industry profits. This policy is nearly a decade in the making, and we applaud our elected leaders who fought for so long to make it a reality.” — Kelly Nordini, Executive Director, Conservation Colorado

“Coloradans now finally have a voice when it comes to oil and gas development in our state. We thank Governor Polis, Senator Steve Fenberg, Speaker KC Becker and our leaders in the Colorado legislature for listening to the urgent calls from Coloradans who are ready for change. The policy changes in Senate Bill 181 will help to make our communities healthier and safer.” — Jim Alexee, Director, Colorado Sierra Club

“SB 19-181 is a victory for the people of Colorado. By signing this bill, Gov. Jared Polis will expand Colorado’s leadership on methane and curb emissions of this dangerous greenhouse gas, while also helping prevent catastrophic well explosions that threaten our communities. As the Trump administration continues its assault on federal methane protections, it is more important than ever that Colorado respond by boldly cutting methane and fighting climate change.” — Matthew Garrington, State Campaigns Manager, Energy Program, Environmental Defense Fund

“There has never been any Colorado legislation as comprehensive and impactful as SB 19-181. The people beset by the callous onslaught of oil and gas development now have a state government that is prioritizing their interests over the industry’s. This is long overdue and much appreciated.” — Josh Joswick, Issues Analyst/Community Organizer, Oil and Gas Accountability Project

“We thank Governor Polis and the Legislature for modernizing our laws to allow the experts in our state and local governments to make decisions that protect public health and the environment from the dangerous impacts of oil and gas development.” — Joel Minor, Attorney, Earthjustice

“This oil & gas bill signals that Governor Polis and the legislature are putting public health over polluter interests in the state.” — Sam Gilchrist, Western Campaigns Director, NRDC

“Finally, after all these years we have a bill that will protect health and safety in the gas lands. Residents of Garfield County thank Governor Polis for making this long-awaited bill law. However, we must ensure the intent of the law is upheld through the rule-making process.” — Leslie Robinson, Member, Grand Valley Citizens Alliance

“Members of Battlement Concerned Citizens (BCC) and residents of Battlement Mesa are pleased to see the adoption of SB 19-181 and the prioritizing of public health and safety over corporate profits. We appreciate the hard work and determination of the Colorado legislators and Governor Polist that made this possible. We are looking forward to a new era of cooperation with the oil and gas industry to develop our valuable natural resources in a way that prioritizes public health and safety.” — Dave Devanney, Member, Battlement Concerned Citizens

 

Industry groups spent heavily on misleading advertising against SB 19-181. Analysis conducted by Westword’s Chase Woodruff as the bill moved from the Senate to the House showed that “the fossil-fuel industry [outspent] proponents of SB 181 by more than a 15-to-1 margin.” That spending included included TV advertising that was labeled “misleading” by the Colorado Sun and, at various points, “full of overstatements” and not “not accurate at all” by 9 News’ Kyle Clark.

SB 19-181 will:

  • Refocus the mission of the Colorado Oil and Gas Conservation Commission (COGCC) to prioritize health, safety and the environment over industry profits;
  • Empower local governments to have a stronger say by clarifying basic powers such as zoning and noise limitations and allowing local oversight and enforcement of operations;
  • Direct air quality experts to consider rules to greatly reduce harmful emissions including methane, a dense greenhouse gas;
  • Better protects property owners from forced pooling;
  • Combat the growing problem of orphaned wells by setting forth a rule making around financial assurances and bonding requirements for oil and gas permits; and,
  • Create a professional, paid commission that can better address the litany of permits, rulemaking and oversight the commission must handle.
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Conservation Colorado Statement on David Bernhardt Confirmation

Today, the U.S. Senate voted to confirm David Bernhardt as Secretary of the Interior. Bernhardt will replace former Secretary of the Interior Ryan Zinke, who resigned in disgrace last December under a cloud of ethics violations.

Kelly Nordini, Executive Director of Conservation Colorado, released the following statement in response:

“Being a Colorado native does not give David Bernhardt special qualifications for running the Department of the Interior, and shame on Senator Gardner for letting the fox guard the henhouse simply because he’s from the same neighborhood. Senator Cory Gardner made a huge mistake with his vote today, given Bernhardt’s troubling record and spiraling conflicts of interest. Westerners love their public lands and the environment and Bernhardt cannot be entrusted to protect them on our behalf.

“Senator Gardner likes to talk about protecting public lands for future generations, but today’s vote to confirm a former oil lobbyist puts the public lands we love at risk. This is yet another instance of Senator Gardner telling Coloradans one thing and then doing the opposite.”

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Colorado’s Outdated Mining Laws are FINALLY Getting an Update

Whether you think about it every day or once in a blue moon, mining significantly impacted Colorado’s past — and continues to influence the present and our future.

Mining operations helped build Colorado’s economy — and many of our towns’ names reflects this relationship: consider Leadville, Silver Cliff, Telluride, Eldora, or Goldfield. While it’s important to celebrate our shared history, it’s vital to recognize that the environment surrounding these communities still bear the scars demonstrating its ungilded past.

Consider the decaying and decrepit structures, dangerous tailing piles, and toxic pollution that impact our waterways. Though the mining fueled the state’s economy, it came at significant costs that still affect Colorado communities and our environment. It’s time we stop living in the past and implement legislation that reforms how the state approaches modern mining activities. Luckily, our legislators are one step ahead of us.

On its way to Governor Polis’ desk, HB 19-1113 — Protect Waters From Adverse Mining Impacts aims to address the lingering problems descended from mining operations and pollution. HB 19-1113’s directive is clear: to protect the health and safety of Coloradans by making sure that water quality impacts are accounted for and long-term impacts are avoided in the mining process.

Senator Kerry Donovan

For senate sponsor Kerry Donovan, preserving the health of our rivers is a central aspect of how we must address Colorado’s ongoing mining operations to preserve the natural resources “that all Coloradans depend on – like water.”

We all remember the Gold King Mine spill in 2015. An estimated 3 million gallons of toxic sludge poured into the Animas River, turning its water into an unseemly orange, and contaminating water sources across the West. Unfortunately, this isn’t an isolated situation: Colorado has more than 23,000 inactive or abandoned mine sites leaching toxins and polluting more than 1,800 river miles. “Water quality statewide is suffering from pollution,” reflected Rep. Barbara McLachlan, one of the House sponsors of HB-1113, four years after the Gold King Mine spill.

In many cases, the companies who made their riches from mining our state’s minerals are no longer around to pay the clean up costs. Take the Summitville Mine in the San Luis Valley. Taxpayers ended up footing a bill worth over $21 million to cover the bankrupt company’s costs.

This isn’t an isolated incident, either. There are over two dozen mines that need similar treatments — and require similar clean up costs — in Colorado.

Representative Dylan Roberts

For Representative Dylan Roberts, another sponsor of the bill, the next step to clean up our rivers is clear: to implement better practices to make sure the long-term impacts from mining are not impacting our water quality.

Once signed into law, HB-1113 will change three aspects of the current process:

  1. The industry can no longer rely on self-bonding: Self-bonding, a practice that allows a mine operator to offer financial proof of resources to cover clean up costs instead of providing the resources upfront, most often forces taxpayers to pay out when companies encounter financial strife or bankruptcy. Currently, Colorado is one of only seven states that allow this practice, signalling to Coloradans members that it’s time to change the way the mining industry operates.
  2. Taxpayers won’t have to foot the bill to clean up operators’ messes: The current law only requires land remediation, not water, to be factored into the size of the bond. Thanks to this bill, operators will be held accountable and required to provide financial evidence they can afford clean up costs and not pass along to taxpayers.
  3. Mining operators can’t rely on perpetual pollution as their Plan A: Industry operators must set a “reasonable” end date for their clean up efforts. Though the law will not require operators to set a specific date, they must estimate a time frame to complete clean up efforts — helping to avoid perpetually polluting mines like Summitville.

Voices of Support

Tom McNamara

HB-1113 protects more than just our waters: it protects every living thing that relies on healthy rivers, including Colorado’s natural ecosystem and wildlife species. Testifying about the importance of the mining bill, avid sportsmen and Conservation Colorado member Tom McNamara spoke of how clean water supports the ecosystems that Colorado wildlife and citizens rely on:

“This legislation puts forward common sense reforms that protect the taxpayers AND our ecosystems, while not affecting current producers and allowing future mines to operate. HB1113 will preserve Colorado’s mining legacy, while working to better safeguard and support today’s outdoor recreation economy.”

Mark Waltermire

For Mark Waltermire, the owner and operator of Thistle Whistle Farm in Hotchkiss and board member of the Valley Organic Growers Association, HB-1113 is “a good step forward” to ensuring that farmers have the access they need to clean water, which is essential to the success of Colorado’s farms and businesses. The bill will help “take the financial burden of clean up off of our collective shoulders and puts it on those responsible” — the mining companies.

Bennett Boeschenstein

Bennett Boeschenstein, the mayor pro-tem of Grand Junction and city council member, recognizes the importance of water quality on Coloradans’ drinking water and local industries like agriculture, outdoor recreation and tourism. “Our farmers ranchers recreation and tourism industry and our citizens depend on having healthy rivers and streams,” he recently testified.

After years of testimonies, hearings, and meetings, a bill that protects our rivers from the adverse effects of mining is finally becoming law. This bill wouldn’t have passed without bipartisan compromise and grassroots support — a lot of which came from YOU, our members!

With your help, we can continue to grow our movement and make Colorado’s future one that we’re proud to leave as our legacy. Donate today to support our waters, our air, our environment, and our Colorado!

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Conservation Leaders Applaud Passage of SB 19-181, Which Will Protect Public Health and Safety When it Comes to Oil and Gas Development

DENVER — Today, the Colorado legislature voted on final passage of SB 19-181, Protect Public Welfare Oil and Gas Operations. It now heads to Governor Jared Polis, who is expected to sign the measure.

Conservation groups responded to the bill’s passage with the following statements:

“Coloradans can breathe easier today knowing that our state is finally on track to put the health and safety of workers and residents, and our environment ahead of oil and gas industry profits. Thank you to our leaders who heeded voters’ clear message and delivered these overdue reforms.”

— Kelly Nordini, Executive Director, Conservation Colorado

“Rural Western Coloradans throughout our region applaud the passage of SB 181 and a critical step forward to protect our people and our environment while letting the industry continue to do business in our state. We thank the legislators who worked so hard to ensure communities living with oil and gas development have more a voice on decisions that directly affect their health and well-being.”

— Emily Hornback, Director, Western Colorado Alliance for Community Action

“SB181 is an important foundational step for impacted Coloradans. It is time that communities have a voice when it comes to massive industrial projects being forced into their neighborhoods and near their schools. Thank you to our legislators who stood up for Colorado’s impacted communities today.”

— Sara Loflin, Executive Director, League of Oil and Gas Impacted Coloradans

“These are the protections Coloradans are clamoring for. They’re vital for our health and safety and are needed nationwide. Governor Polis should sign this bill as soon as it hits his desk.”

— Sam Gilchrist, Western Campaigns Director, Natural Resources Defense Council

“Grand Valley Citizens Alliance members past and present have been working on health and safety issues in Garfield County’s gas patch for over 20 years. We want to thank both House and Senate legislators who made our vision reality – that people will finally have an equal voice about oil and gas development in their neighborhoods.”

— Leslie Robinson, Chair, Grand Valley Citizens Alliance

“Coloradans will finally have a voice when it comes to oil and gas development in our state. We thank our elected officials for listening to the urgent calls from Coloradans who are ready for change. The policy changes in Senate Bill 181 will help to make our communities healthier and safer.”

— Jim Alexee, Director, Colorado Sierra Club

 

Industry groups spent heavily on misleading advertising against SB 19-181. Analysis conducted by Westword’s Chase Woodruff as the bill moved from the Senate to the House showed that “the fossil-fuel industry [outspent] proponents of SB 181 by more than a 15-to-1 margin.” That spending included included TV advertising that was labeled “misleading” by the Colorado Sun and, at various points, “full of overstatements” and not “not accurate at all” by 9 News’ Kyle Clark.

Once signed, SB 19-181 will:

  • Refocus the mission of the Colorado Oil and Gas Conservation Commission (COGCC) to prioritize health safety and the environment over industry profits and create a commission with paid, full time experts;
  • Empower local governments to have a stronger say by clarifying basic powers such as zoning and noise limitations and allowing local oversight and enforcement of operations;
  • Greatly reduce harmful air pollution including methane, a potent greenhouse gas;
  • Better protects property owners from forced pooling; and,
  • Combat the growing problem of orphaned wells by setting forth a rule making around financial assurances and bonding requirements for oil and gas permits.
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