Colorado Sen. Matt Jones, D-Louisville, said Wednesday he will push for new laws to give local governments control over oil and gas operations within their borders.
Currently, state officials at the Colorado Oil and Gas Conservation Commission (COGCC) have the final say over many aspects of oil and gas operations — and require energy companies to work closely with local officials and neighborhoods when new wells are located near homes and businesses. Local governments regulate issues such as traffic and dust control at and around well sites.
But for years, state and local officials, as well as industry representatives, have tussled over which level of government — state or local — should have the final word on where new wellsites are located.
Jones was unequivocal Wednesday, saying local governments should have that authority. He said he will introduce the “PROTECT Act” during the 2018 legislative session, which starts Jan. 10, 2018.
“Local governments should be able to manage all land sues the same, including oil and gas. They’re not special, and especially activities that unfortunately have caused fatalities to neighbors” Jones told the Denver Business Journal on Wednesday, alluding to the fatal Firestone home explosion that killed two men in April.
The explosion was caused by gas leaking from an old well through a pipeline that was thought to have been abandoned.
“Local governments can treat [oil and gas] activity like any other activity. They can allow it or not — whether its meat packing plants or oil refineries — and they should be able to do that for drilling and fracking opportunities,” Jones said.
The Colorado Oil & Gas Association (COGA), the state’s biggest energy trade group, was equally firm in its response.
COGA’s president and CEO, Dan Haley, said Jones has a track record of “supporting efforts or legislation to ban Colorado’s oil and gas industry” and called the PROTECT Act “part of a political agenda.”
Haley said pulling oil and gas out of the ground is different from other industries in that the underground resources don’t follow the boundaries of the cities and counties above them.
“Which plainly means that strong state oversight is the most appropriate forum for regulatory authority over development,” Haley said, adding that the COGCC and the state’s health department are the agencies that manage the state’s regulations to protect the environment, communities and oil and gas employees.
“While we haven’t seen the language, the PROTECT Act appears to dismiss the rules on the books, as well as the fact that Colorado has the most technologically advanced, strictly regulated and well-controlled oil and natural gas operations of anywhere in the nation,” Haley said.
In the last few years, many proposed laws on oil and gas operations have died in the state legislature, which is split — with Democrats controlling the House 37-28 and Republicans holding the 18-17 majority in the Senate.
Asked about the proposal’s chances, Jones said “the odds of getting it out of the Senate are long, but I’m going to fight fracking in Boulder County regardless of the odds.”
In a statement, Jones gave a summary of the proposal’s major elements:
- Preserves the right of municipal and county governments to choose oil & gas regulations according to the needs of local residents.
- Allows cities and counties to plan, zone, and refuse to allow oil and gas operations as they see fit.
- Treats oil & gas drilling and fracking like any other industrial activity subject to local zoning laws and possible denial.
- Prioritizes public safety by allowing local governments to protect Coloradans from hazardous chemicals and dangerous, poorly maintained drilling and fracking operations.
https://www.bizjournals.com/denver/news/2017/12/06/colorados-2018-legislative-fight-over-oil-and-gas.html
