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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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Senate Passes SB-181 to Protect Public Health and Safety Over Oil and Gas Development

DENVER— Today, SB 19-181, Protect Public Welfare Oil and Gas Operations, passed the Colorado State Senate on a 19-15 vote.

The bill 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;
  • Addresses the growing climate, air, water, and wildlife impacts of oil and gas development across the state including increasing regulations for methane, a dangerous air pollutant that is a significant contributor to climate change;
  • Better protect 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.

 

Conservation and community groups responded to the bill’s Senate passage with the following statements.

“Thank you to the Colorado State Senate for acting decisively to prioritize Colorado’s air, water, and residents over oil and gas industry profits. This bill is nearly a decade in the making. We urge the House to act swiftly, pass these common-sense reforms, and send them to Governor Polis to sign so we can put Coloradans’ health and safety first.”

— Kelly Nordini, Executive Director, Conservation Colorado

 

“This is a transformational step forward for a common sense, balanced approach to fracking in Colorado. We applaud leaders in the state Senate, and local officials across Colorado, for their bravery in the face of corporate special interests.”

— Jim Alexee, Director, Colorado Sierra Club

 

“We are thankful to the state Senate for their leadership and for taking the time to bill thoughtful legislation that truly puts the health and safety of Colorado communities first. It is past time that we make health and safety the priority of the state when if comes to Big Oil and neighborhood drilling.”

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

 

“The state Senate is showing real national leadership, showing other states how to protect communities from the public health and safety impacts of oil and gas extraction. The House should follow suit quickly.”

—  Sam Gilchrist, Western Campaigns Director, NRDC

 

“Western Coloradans cheer the passage of SB 181 out of the state Senate as a long overdue step to protect the public health and safety of residents living with the impacts of oil and gas.”

—  Emily Hornback, Director, Western Colorado Alliance

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New bill would prioritize public health and safety over oil and gas development

For Immediate Release: Thursday, February 28, 2019

Contact:

  • Garrett Garner-Wells, Communications Director, Conservation Colorado, 303-605-3483
  • Emily Gedeon, Conservation Program Director, Sierra Club, 720-308-6055

DENVER — Today, Governor Jared Polis, House Speaker KC Becker, and Senate Majority Leader Steve Fenberg announced a bill to ensure health, safety and the environment come first in our oil and gas regulatory system.

The bill 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;
  • Better protect property owners from forced pooling; and,
  • Combat the growing problem of orphaned wells by setting forth a rulemaking around financial assurances and bonding requirements for oil and gas permits.

Over the last decade, Colorado’s oil and gas industry has stood in the way of numerous reforms. They blocked efforts to protect health and safety and spent millions on politics and public relations. At the same time, the industry has cut corners on public health and safety, brazenly sited industrial oil and gas operations in residential neighborhoods, and ignored their obligation to develop and maintain a social license to operate. These actions have resulted in a backlog of overdue reforms that this bill seeks to correct.

Conservation groups responded to the bill’s release with the following statements.

“Coloradans have a right to expect that their health and our clean air and water come first — this is Colorado after all. But our current laws governing the oil and gas industry have not kept pace with industrial processes that are ever closer to our neighborhoods, leaving them to bear the consequences. We must reform Colorado’s broken oil and gas system so that our health, safety and environment are not a question but a top priority for state regulators.”

  • Kelly Nordini, Executive Director, Conservation Colorado

“The lack of modern, common sense protections from fracking for oil and gas in Colorado has endangered the health of our children, and put our first responders in harm’s way. It’s time for change. It’s time for Colorado’s leaders to put the health and safety of Coloradans before the profits of oil and gas companies.”

  • Jim Alexee, Director, Colorado Sierra Club

“As a resident of Battlement Mesa, I have come to understand that the COGCC usually behaves as a partner with the oil and gas industry rather than an advocate for protecting the health and safety of Colorado citizens. Their mission to ‘foster’ oil and gas development leaves citizens at serious risks with little or no recourse when major industrial operations move into our communities. NOW is certainly the time for change at the COGCC!”

  • Dave Devanney, member, Western Colorado Alliance

“It is time for leadership, and it is time for meaningful action to put health and safety first when it comes oil and gas. Big oil has become increasingly brazen over the last few years in running roughshod over Colorado communities – forcing massive industrial operations in the midst of homes and schools and forcibly taking the minerals of tens of thousands of private Coloradans. It is time that our legislature act, and put the health, safety, and property rights of our communities first.

  • Sara Loflin, Executive Director, League of Oil and Gas Impacted Coloradans
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Conservation Colorado Condemns Martinez Decision, Looks to Legislature for Action

Today, the Colorado Supreme Court released its ruling on Martinez vs. Colorado Oil & Gas Conservation Commission, retaining the status quo of an under-regulated industry.

In response, Kelly Nordini, executive director of Conservation Colorado, released the following statement:

“For too long, Coloradans asking for stronger health and safety protections have lost at the legislature, the Colorado Oil and Gas Conservation Commission, and in the courts. That needs to change.

“Today’s Martinez decision is yet another reminder that we need to tilt the balance back in favor of Coloradans’ health and safety. With a new administration in place, we look forward to working with Governor Polis, the Colorado Oil and Gas Conservation Commission, and legislative leaders to reform this broken system and put our communities first.”

Background on the Case

In 2013, Xiuhtezcatl Martinez and several other young Coloradans asked the Colorado Oil and Gas Conservation Commission (COGCC) to adopt a regulation stating that no drilling permits will be issued without a finding that drilling can occur without impairing Colorado’s air, water, and wildlife and that it does not adversely affect public health. The COGCC denied the request, holding that it lacked legal authority to issue such a rule. In March 2017, the Colorado Court of Appeals set aside the COGCC’s decision. The Court held that state law makes “protection of public health, safety and welfare, including protection of the environment and wildlife resources” a prerequisite for approving oil and gas development. While rejecting the COGCC’s legal interpretation, the Court did not address whether the agency should adopt the specific rule language requested by the Martinez plaintiffs. Today, the Colorado Supreme Court issued a ruling overturning the appeal and siding with the COGCC.

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5 things to know about Amendment 74 – and why you should vote NO

By changing only eleven words in the Colorado state constitution, Amendment 74 has the power to upend how our local governments function and fund important public programs. Here’s five things Colorado voters need to know about Amendment 74 before ballots drop on October 15.

1. What does Amendment 74 really say?

Amendment 74 is intentionally vague and confusing – but don’t let that stop you from investigating the impacts of this dangerous ballot measure. Under the pretense of property rights, Amendment 74 would require the government – and consequently, taxpaying Coloradans – to foot the bill for disgruntled property owners, corporations, and special interests that believe a regulation hurt their property value, even in a negligible way.

2. Who’s behind the ballot measure?

A vibrant red sunset with a silhouette of an oil rigThe oil and gas industry has pumped money into this measure since day one. Although Colorado Farm Bureau is the publicly-named proponent, the state’s largest oil and gas companies have invested $21 million in support of Amendment 74 – and against oil and gas setbacks – through the Protect Colorado PAC. Its top three contributors are some of the largest oil and gas players in the state: Anadarko Petroleum, Extraction Oil and Gas, and Noble Energy.

As of September 12, Anadarko has donated nearly $6 million, Noble Energy contributed almost $5 million, and Extraction Oil and Gas committed almost $4 million. The industry remains as the only contributor to the cause.

3. Who’s against the ballot measure?

Oil and gas development behind cows grazingOver 100 local elected officials and legislators have spoken out against Amendment 74, reiterating that the ballot measure is too broad and goes too far. Outspoken opponents so far include a host of environmental and progressive non-profits across issue areas, Club 20, Colorado Association of Realtors, Colorado Municipal League, and Governor Hickenlooper.

“If passed, Initiative 108 will bring the work of local government to a screeching halt because Denver will be entangled in lawsuits filed against the city for any number of programs, projects, rules, policies, or zonings that anyone could challenge by indicating that it has harmed their property. This is not a way to govern — by tying the hands of your elected leaders who work on these matters on behalf of our communities,” said Denver City Council member Debbie Ortega.

4. Why do we need Amendment 74?

The short answer: we don’t. Here’s why:

  • The Colorado Constitution already protects private property owners and doesn’t allow private property to be taken for public use without compensation.
  • Amendment 74 would broaden some powers imparted by the state Constitution, unleashing sweeping effects and unintended consequences for communities across the state.

The motive behind Amendment 74 is clear:

Oil and gas companies want complete freedom over how and where they do business.

5. How could this impact my community?

Let’s go through a few scenarios:

  • Police lights at nightIf an oil and gas company wanted to place more pipelines, storage facilities and wells near homes – like the pipelines that caused an explosion and killed two people at a home in Firestone just last year – but was blocked by zoning laws or local rules, they could sue a local government for preventing them from making a profit.
  • Public health and safety laws that keep industrial activities away from hospitals and nursing homes may not be enforced if contractors and industry players sue.
  • Local governments would be unable to do their jobs as they waste taxpayer dollars fighting frivolous lawsuits. They could even be forced to raise taxes or cut services like police and fire departments in order to cover the cost. The ultimate losers would be the taxpayers.

We rely on our local governments to help craft plans for what our communities look like, and how to keep residents safe. They do this in open, public meetings to balance the needs of all citizens. This established, trusted democratic process would be upended under this measure.

Amendment 74 is not a measure about protecting private property rights: Amendment 74 aims to bankrupt any local and state government that tries to regulate the oil and gas industry.

Vote NO on Amendment 74 to save our communities, our environment, and our Colorado.

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Trump Administration’s Rollback of EPA New Source Performance Standards Allows Oil and Gas Industry to Pollute Our Air

The Environmental Protection Agency (EPA) today officially began the process of rolling back safeguards that reduce waste and decrease air pollution from methane and other air pollutants. These safeguards are widely supported in Colorado; in fact, a recent poll by Center for Western Priorities showed that 67 percent of Coloradans oppose rolling back environmental regulations on oil and gas development.

“Colorado has led the way with strong state-based rules that have proven to be good for public health, for business, and for our environment. While these safeguards remain in place, smog and pollution don’t stay within state borders. Coloradans, especially working families and people of color, will feel the effects of this harmful and short-sighted rollback, which only serves to benefit oil and gas company profits,” said Kelly Nordini, executive director of Conservation Colorado.

Methane is a potent greenhouse gas released into the air when oil and gas is extracted. The EPA’s New Source Performance Standards, which have been in place and working for almost a year, reduce emissions from more than 36,000 wells all around the country. These standards cut 21,635 tons of methane, around 6,000 tons of smog-forming volatile organic compounds (VOCs), and 450,000 pounds of toxic air pollutants each year. Capturing methane means less waste (because the methane is used for energy production) and less pollution (because toxic gases aren’t being released into the air).

While these critical safeguards are being rolled back at the federal level, Colorado continues to have strong rules, which served as a model for the EPA standards. While wells in Colorado will still be subject to these robust state regulations, Colorado’s air will be harmed by the undoing of the EPA rule. Air pollution doesn’t stop at state lines, and Coloradans will be impacted by this decision and the thousands of tons of methane pollution that the industry will again be allowed to emit.

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Amendment 74: A Hidden Agenda to Strangle Local Government

Written by Sophia Guerrero-Murphy

This November, our ballots will be full of measures for voters to weigh in on. One of these – Amendment 74 – is an attempt by special interests to turn local decision making on its head.

Official Ballot EnvelopeAmendment 74 would allow any property holder, including corporations, to sue local and state governments over any regulation, from city planning to basic health and safety protections.

For the sake of protecting the Colorado we love, we cannot let this dangerous amendment pass.

What does it do?

The amendment is written to be purposely confusing and dangerously broad. Under the guise of protecting property rights, it would require the government – the taxpayers – to compensate property owners, including corporate interests and industry, for any decrease in the value of their property – including loss of profits – due to any government law or regulation. The cost of paying out the industries and special interests when enforcing codes and laws will eventually make enforcing even the most straightforward regulations too expensive. In short, it destroys the ability of local leaders to make decisions about what their communities look like.

This measure is unnecessary, too extreme, too broad, and was created by and for special interests.

→ It’s unnecessary because the Colorado Constitution already protects private property owners; it doesn’t allow private property to be taken for public use without compensation.

→ This ballot measure would expand part of our Constitution in a way that is incredibly broad and would have sweeping effects on local governments and communities across the state. By requiring local governments to compensate corporate interests, Amendment 74 seeks to make any regulation too expensive to implement.

→ The motive of this measure is clear: it’s paid for by oil and gas companies because it would give them complete freedom over where and how they do business.

Here are three ways that Amendment 74 would hurt Coloradans:

1) Amendment 74 puts industry over people.

An oil rig near residential areaWhile you won’t find any mention of oil and gas in the measure itself, Amendment 74 was written to prevent local governments from limiting oil and gas drilling in any way. Cloaked in language that would have you believe that all Coloradans’ property rights would be strengthened under this measure, Amendment 74 is exclusively backed by oil and gas companies. Protect Colorado, a front group created by the state’s largest oil and gas companies, has raised a staggering $13 million so far in support of 74. Its top three contributors  – Anadarko Petroleum, Extraction Oil and Gas, and Noble Energy – each donated more than $2 million to the cause.

So, what’s in it for them?

If an oil and gas company wanted to drill near a hospital, school, or nursing home but was blocked by zoning laws, the company could sue the government for preventing them from making a profit. If this happened, the government would have to either pay the company or waive the zoning law. In most situations, city, county, and state governments would not be able to afford the payoff, so they would be forced to allow the company to drill wherever it wanted.

The scariest part of Amendment 74 is how broad it is. Far beyond allowing the oil and gas industry to ignore policies designed to protect public health, it could:

  • A sign for a liquor store near a churchAllow gun shops, strip clubs, and marijuana stores to be built near schools despite neighborhood or family concerns;
  • Allow industrial activities to be located right beside nursing homes, daycares, and hospitals;
  • Undo noise regulations that ensure we all get a good night’s sleep;
  • Undermine local decisions on landfills and hazardous waste storage, allowing them to be located virtually anywhere;
  • Get rid of public health standards governing restaurants, tattoo parlors, or hospitals;
  • Hurt safety rules like fire and building codes.

2) Expensive for taxpayers.

Measures similar to Amendment 74 that were passed in other states show just how burdensome it would be to Coloradans. By forcing local governments, like cities and counties, to pay individuals who “suffered any burden” as a result of a regulation, these measures were prohibitively expensive to governments and taxpayers.

Stacks of claims fill an office roomOver a three-year period in Oregon, a measure similar to 74 resulted in the filing of nearly 7,000 claims requesting a total of $19.8 billion in compensation. Faced with such a massive payment, cash-strapped governments were forced to waive rules for nine out of ten claims. This benefited agribusiness, developers, and extractive industries at the expense of taxpayers.

If Amendment 74 passes, the power of our state and local governments will be strangled. We rely on our local governments to listen to community members and plan for the future of our neighborhoods. They do this in open meetings with public input to balance the needs of all residents. That long-held, trusted process would be upended under this measure.

3) Threatens the property rights of most landowners.

Foreclosure sign in front of a houseUnder Amendment 74, Colorado landowners will suffer. Despite what proponents of 74 claim, waiving regulations would weaken, not strengthen, property owners’ rights. Since property values go down when an undesirable development – like a landfill – is planned near a community, one unregulated property owner has the potential to harm the property values of many.

This also happened in Oregon, where property owners could only sit and watch as an 80-acre gravel mine was built next to family ranches, 150 vacation homes were put up in a national monument, and subdivisions tore up agricultural land. As these landowners learned, waiving land-use rules not only generally damaged property values, it pitted neighbor against neighbor and put a stranglehold on local decision making. Two years after it passed, Oregon residents opposed the 74-like measure by nearly two to one.

With all the attacks on our environment occurring at the national level, it’s easy to lose track of the local ballot issues that Coloradans will be voting on this November. But this year, not paying attention could be dangerous.

Amendment 74 is not a measure about protecting private property rights. No, the purpose of this initiative is to bankrupt any local and state government that tries to regulate the oil and gas industry. It poses an unprecedented threat to our communities, our environment, and our way of life.

See Amendment 74 for what it is – a measure to deregulate and debilitate – and vote NO.

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Milestone in “Colorado Energy Plan” Shows Colorado Leads the Nation in Low Costs for Renewables and Ratepayers

Contact: Jace Woodrum, 720-412-3772

Xcel Energy, the largest electricity provider in Colorado, today took the next step in its “Colorado Energy Plan,” which provides a roadmap for how Colorado can move toward a clean energy future. The new details show that bids from renewable energy developers were the lowest ever seen in the U.S. to date, meaning that Xcel customers will benefit from lower costs while Coloradans will enjoy cleaner air.

“The fact of the matter is this: renewable energy like wind and solar will save ratepayers money while cleaning up carbon pollution,” said Maria Handley, acting executive director at Conservation Colorado. “Nearly ten thousand Coloradans showed their continued and resounding support for clean energy by speaking out for this plan, and the economics prove that it’s time for our transition away from coal. We’re thrilled to live in a state that continues to be a leader in the nation when it comes to the environment and clean energy, and we encourage our Public Utilities Commissioners to approve the Colorado Energy Plan.”

The “120-day report,” filed with the Public Utilities Commission, contains details on the mix of energy sources Xcel hopes to use under its Electric Resource Plan. Not only does the plan include more than 1,800 megawatts of new wind and solar, but it would also double the amount of battery storage in the U.S., making our grid more resilient by storing renewable energy for later use. Prices for solar and wind paired with energy storage were priced lower than existing coal-generated power in Colorado, confirming that clean energy will actually save customers an estimated $213 million.

Xcel’s plan seeks to close two coal plants in Pueblo and replace them with three solar projects and two battery storage projects in the county. Taking these coal plants offline will reduce Xcel’s carbon emissions by approximately 4.5 million tons each year—a reduction of 59 percent from 2005 levels.

This latest report comes after months of public input, during which a record 9,428 people submitted comments to the Public Utilities Commission and dozens more packed their hearings in Denver and Pueblo. The overwhelming majority of this public input was in favor of a clean energy mix for Coloradans.

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Proof that oil and gas money has a stranglehold on Colorado’s state capitol

Written by Audrey Wheeler

Colorado oil and gas lobbyists and money keep Senate Republicans in their pocket.

In 2017, during Colorado’s legislative session, a deadly explosion killed two people in Firestone, CO. The explosion was due to an uncapped flow line from an oil well.

After such a tragedy, most Coloradans believed the oil and gas industry would work harder to keep people safe. But recently, several former Anadarko employees came forward during an investor lawsuit against the company, saying Anadarko can’t be trusted to maintain their equipment to protect health and safety, calling their operations in Colorado “a ticking time bomb.”

In 2018, on the one-year anniversary of the Firestone tragedy, state legislators had repeated opportunities to enact safeguards for people’s health and safety as the Colorado oil and gas industry moves closer and closer to our neighborhoods and schools. They didn’t take that opportunity. Instead, we saw one commonsense measure after another get shut down by the strength of the oil and gas industry’s lobbying.

Here are some of the stories that unfolded at the state Capitol:

Killed: a bill to keep oil and gas drilling away from kids

Currently, Colorado’s laws require oil and gas activity to be 1,000 feet away from school buildings. But there is no legal limit to how far this industrial activity should be from school playgrounds, outdoor lunch areas, modular classrooms, or athletic fields. HB 1352 would have required oil and gas activity to be 1,000 feet away from school property boundaries. This is in line with what all other industries have to do near schools, like liquor stores.

In support of this bill, dozens of students and parents came to the state Capitol and testified in committee, asking lawmakers to protect them and future students from the impacts of oil and gas, ranging from air pollution to dangerous explosions. In addition, 55 students, teachers, and parents signed on to an open letter to lawmakers to make their voices heard on this issue.

In an emotional moment, a young activist spoke out of turn when a legislator asked if an oil and gas explosion has ever happened near a school. “Why does it need to happen first?” she flatly responded.

Those powerful voices speaking up for this bill didn’t stop a Senate committee from killing it and continuing to put our kids at risk.

Killed: three oil and gas bills with small changes that would have made a big impact

One bill — HB 1071 — was an attempt to clarify the mission of the Colorado Oil and Gas Conservation Commission (COGCC). It currently states that the COGCC is in charge of fostering and regulating oil and gas in Colorado. This bill would have changed this contradictory mission to prioritize health, safety, and the environment over industry profits.

Another, HB 1157, would have ensured the industry is tracking and reporting all spills, fires, explosions, injuries, and deaths due to oil and gas well operations and production facilities. This bill would have made incident reports mandatory and required more detail for major and minor accidents, improving transparency to the public.

Third, HB 1419 was a bill to require pipeline mapping and transparency so we all know where oil and gas operations are taking place — exactly the kind of information that would have prevented the Firestone tragedy. It would have also prevented leaks, groundwater contamination, and explosions by ensuring wells are strong and up to industry standard.

All three of these bills were killed by Senate Republicans who continue to pander to oil and gas companies.

Killed: a bill to expand local government authority

While local governments (like cities, counties, or towns) cannot permanently ban oil and gas development in Colorado, they can put in place temporary halts on the industry. SB 048 would have protected the authority of local governments to regulate oil and gas facilities, allowing governments to determine oil and gas regulations according to the needs of residents. As is the story with most of these bills, this bill was killed in a Senate committee.

But there’s good news, too. We managed to block the passage of SB 192, a bill that would have forced local governments to pay oil and gas companies for any loss in profits due to a temporary moratorium or ban. This would have added a financial penalty to any local government trying to do the right thing by their residents. We helped keep this bill from going anywhere!

Protecting homeowners from forced pooling

Forced pooling is when an oil and gas operator wants to acquire rights to extract oil and gas, but a mineral rights owner — like a homeowner — does not want drilling in their backyard. In Colorado, if there are 100 homes in a development and one of them agrees to lease the mineral rights for oil and gas development, all 99 of the other homes are “force pooled,” and the operator can develop there.

Currently, forced pooling laws and practices are unfair to the mineral rights owners and are advantageous to oil and gas operators. Highly technical notices are sent to property owners who are given only 30 days to respond. People with little or no experience with the oil and gas industry are forced to make a tough decision without enough time or clear information.

One bill (HB 1289) would have prevented local government and school district minerals from being force pooled. This bill was blocked.

Finally, one bill that provided some improvements for mineral owners’ property rights passed this year. This bill (SB 230) was a compromise that will provide some immediate relief to homeowners by extending the amount of time homeowners have between getting notified about forced pooling and their hearing, and providing more easily understandable information about the process of being force pooled. Even with the passage of this bill, property owners still face an uphill battle when it comes to negotiating with industry. Compared to the many other commonsense bills that were killed this year, this one is a small step.

While it can be easy to feel disappointed that these bills we all fought so hard for did not pass, even bringing up these issues at the Capitol is a step in the right direction. Thank you for standing with us to fight for these bills, especially if you sent a message, called your legislator, came to testify, or took action in another way to protect our communities.

The best way to change this story next year and into the future is to elect more pro-conservation champions into office. This November, many of our state senators and all of our state representatives will be up for re-election. Help us build the majority we need to pass more life-saving bills that put our communities over the industry!

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Victories and Disappointments for Conservation in the 2017 Legislative Session

Contact: Jessica Goad, 720-206-4235

As the 2017 Colorado state legislative session comes to a close, Conservation Colorado celebrated seven victories but also lamented several important bills that were killed or left on the cutting room floor by the state Senate.

Pete Maysmith, Executive Director of Conservation Colorado, put it this way:
This year’s legislative session had several great, bipartisan wins for conservation issues. Conservation champions and legislators on both sides of the aisle stood up for our air, land, water, and communities, and we’re proud of the passage of meaningful and innovative bills to protect our environment.

 

But throughout the session, a group of obstructionist right-wing Republican senators repeatedly blocked progress by voting ideologically rather than for the needs of everyday Coloradans. Their opposition to simple, commonsense fixes to problems facing Colorado — such as giving citizens the opportunity to vote on a long-term sustainable funding to solve our transportation problems — should serve as a reminder about why voting matters.

Key victories that Conservation Colorado achieved were:

  • Extended a successful energy efficiency program (HB 1227)
  • Helped schools test for lead in their water (HB 1306)
  • Outlawed “rolling coal” (SB 278)
  • Defended tax credits for electric vehicles (SB 188)
  • Supported energy assistance to low-income households (HB 1116)
  • Secured funding for healthy rivers (HB 1248)
  • Prevented bills that would seize or sell off our public lands from being introduced

Despite the wins, several other environmental priorities were killed or stalled this session thanks to ideological opposition. These bills included:

  • Funding for the Colorado Energy Office and important clean energy programs, which Republicans held hostage in order to try to provide a windfall for natural gas companies (SB 301)
  • Improvements to transportation infrastructure and multimodal options (HB 1242)
  • Funding for our state parks (HB 1321)
  • Opening up new opportunities for investment in electric vehicle infrastructure (HB 1232)
  • Three measures to keep our communities safe from oil and gas drilling in neighborhoods:
    • Better protecting children from oil and gas wells located near schools (HB 1256)
    • Providing notice and transparency to property and mineral rights owners in the gas patch (HB 1372)
    • Securing mapping of and information about oil and gas lines, a critical necessity in the wake of the Firestone tragedy (HB 1336)

Conservation Colorado will be releasing its annual conservation scorecard with scores for legislators based on their environmental votes during the 2017 legislative session early this summer.

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