Difference between revisions of "Colorado Local Regulation of Oil and Gas Development Initiative (2014)"

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{{Business regulation}}{{tnr}}The '''Colorado Local Regulation of Oil and Gas Development Initiative''' may appear on the [[Colorado 2014 ballot measures|November 4, 2014 ballot]] in [[Colorado]] as an {{icafull}}. The measure, if approved, would increase local government authority to prohibit or limit oil and gas development. It would authorize local laws and regulations that are more restrictive than state law and provide that if state or local laws and regulations conflict the more restrictive rule governs. It would amend the [[Colorado Constitution]] by adding a new article to is: Article XXX.<ref>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/90Final.pdf ''Colorado Secretary of State'', "Final text of initiative #90," March 21, 2014]</ref><ref>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/93Final.pdf ''Colorado Secretary of State'', "Final text of initiative #93," March 21, 2014]</ref> The measure is primarily sponsored by Safe Clean Colorado.<ref name=DP>[http://www.denverpost.com/business/ci_26064123/state-high-court-oks-ballot-measures-seeking-local ''The Denver Post'', "State high court OKs ballot measures seeking local control of drilling," June 30, 2014]</ref>
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{{Noco2014}}{{tnr}}{{Business regulation}}The '''Colorado Local Regulation of Oil and Gas Development Initiative''' may appear on the [[Colorado 2014 ballot measures|November 4, 2014 ballot]] in [[Colorado]] as an {{icafull}}. The measure sought an increase in local government authority to prohibit or limit oil and gas development. It would have authorized local laws and regulations that were more restrictive than state law and provided that if state or local laws and regulations conflict the more restrictive rule governs. It would have amended the [[Colorado Constitution]] by adding a new article to it: Article XXX.<ref>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/90Final.pdf ''Colorado Secretary of State'', "Final text of initiative #90," March 21, 2014]</ref><ref>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/93Final.pdf ''Colorado Secretary of State'', "Final text of initiative #93," March 21, 2014]</ref> The measure is primarily sponsored by Safe Clean Colorado.<ref name=DP>[http://www.denverpost.com/business/ci_26064123/state-high-court-oks-ballot-measures-seeking-local ''The Denver Post'', "State high court OKs ballot measures seeking local control of drilling," June 30, 2014]</ref>
  
 
==Text of measure==
 
==Text of measure==
Two versions of this initiative have the potential to be placed on the 2014 ballot: proposed initiatives 90 and 93.  
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Two versions of this initiative had the potential to be placed on the 2014 ballot: proposed initiatives 90 and 93.  
 
===Proposed initiative 90===
 
===Proposed initiative 90===
 
The official title for initiative 90 by the Ballot Title Setting Board is:<ref name=90>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/results/2013-2014/90Results.html ''Colorado Secretary of State'', "Results for Proposed Initiative #90," accessed July 3, 2014]</ref>
 
The official title for initiative 90 by the Ballot Title Setting Board is:<ref name=90>[http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/results/2013-2014/90Results.html ''Colorado Secretary of State'', "Results for Proposed Initiative #90," accessed July 3, 2014]</ref>
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==Support==
 
==Support==
Safe Clean Colorado is the primary supporting campaign for this initiative. It is run by Coloradans for Safe and Clean Energy.<ref>[http://www.safecleancolorado.com/ ''Safe. Clean. Colorado.'', "Campaign website homepage," accessed July 3, 2014]</ref> [[Jared Polis|U.S. Rep. Jared Polis]] (D-2) has provided financal support to the campaign.<ref name=DP/>
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Safe Clean Colorado was the primary supporting campaign for this initiative. It was run by Coloradans for Safe and Clean Energy.<ref>[http://www.safecleancolorado.com/ ''Safe. Clean. Colorado.'', "Campaign website homepage," accessed July 3, 2014]</ref> [[Jared Polis|U.S. Rep. Jared Polis]] (D-2) provided financial support to the campaign.<ref name=DP/>
  
 
==Background==
 
==Background==
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==Path to the ballot==
 
==Path to the ballot==
 
::''See also: [[Laws_governing_the_initiative_process_in_Colorado|Laws governing the initiative process in Colorado]] & [[Amending state constitutions#Colorado|Amending the Colorado Constitution]]''
 
::''See also: [[Laws_governing_the_initiative_process_in_Colorado|Laws governing the initiative process in Colorado]] & [[Amending state constitutions#Colorado|Amending the Colorado Constitution]]''
Supporters must gather [[Laws_governing_the_initiative_process_in_Colorado#Number_required|86,105 valid signatures]] by [[Ballotpedia:Calendar#August|August 4, 2014]] for the measures to appear on the ballot.
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Supporters would have had to gather [[Laws_governing_the_initiative_process_in_Colorado#Number_required|86,105 valid signatures]] by [[Ballotpedia:Calendar#August|August 4, 2014]] for the measures to appear on the ballot. Safe Clean Colorado had submitted several potential initiatives for the 2014 ballot and ultimatley focused on two other initiatives regarding oil and gas regulation: [[Colorado Mandatory Setback of Oil and Gas Wells Amendment (2014)|Initiative 88]] and [[Colorado Environmental Rights Amendment (2014)|Initiative 89]].
  
 
==See also==
 
==See also==
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{{2014 ballot measures}}
 
{{2014 ballot measures}}
 
{{Colorado}}
 
{{Colorado}}
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[[Category:Colorado 2014 ballot measures]]
 
[[Category:Colorado 2014 ballot measures]]
 
[[Category:Natural resources, Colorado]]
 
[[Category:Natural resources, Colorado]]
[[Category:Natural resources, 2014]]
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[[Category:Did not make ballot, natural resources]]
 
[[Category:Business regulation, Colorado]]
 
[[Category:Business regulation, Colorado]]
[[Category:Business regulation, 2014]]
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[[Category:Did not make ballot, business regulation]]
 
[[Category:State ballots, 2014]]
 
[[Category:State ballots, 2014]]

Revision as of 11:20, 4 August 2014

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The Colorado Local Regulation of Oil and Gas Development Initiative may appear on the November 4, 2014 ballot in Colorado as an initiated constitutional amendment. The measure sought an increase in local government authority to prohibit or limit oil and gas development. It would have authorized local laws and regulations that were more restrictive than state law and provided that if state or local laws and regulations conflict the more restrictive rule governs. It would have amended the Colorado Constitution by adding a new article to it: Article XXX.[1][2] The measure is primarily sponsored by Safe Clean Colorado.[3]

Text of measure

Two versions of this initiative had the potential to be placed on the 2014 ballot: proposed initiatives 90 and 93.

Proposed initiative 90

The official title for initiative 90 by the Ballot Title Setting Board is:Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

An amendment to the Colorado constitution concerning local government regulation of oil and gas development, and, in connection therewith, increasing local government authority to prohibit or limit oil and gas development; authorizing local laws and regulations that are more restrictive and protective of a community's health, safety, welfare, and environment than state law; declaring that if state or local laws and regulations conflict the more restrictive law or regulation governs; and specifying that such local laws and regulations are not a taking of private property requiring compensation under the Colorado constitution.[4]

The board also set a ballot title and submission clause, which is as follows:Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Shall there be an amendment to the Colorado constitution concerning local government regulation of oil and gas development, and, in connection therewith, increasing local government authority to prohibit or limit oil and gas development; authorizing local laws and regulations that are more restrictive and protective of a community's health, safety, welfare, and environment than state law; declaring that if state or local laws and regulations conflict the more restrictive law or regulation governs; and specifying that such local laws and regulations are not a taking of private property requiring compensation under the Colorado constitution?[4]

Proposed initiative 93

The official title for initiative 93 by the Ballot Title Setting Board is:Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

An amendment to the Colorado constitution concerning local government regulation of oil and gas development, and, in connection therewith, increasing local government authority to limit oil and gas development; authorizing local laws and regulations that are more restrictive and protective of a community's health, safety, welfare, and environment than state law; declaring that if state or local laws and regulations conflict the more restrictive law or regulation governs; and specifying that such local laws and regulations are not a taking of private property requiring compensation under the Colorado constitution.[4]

The board also set a ballot title and submission clause, which is as follows:Cite error: Invalid <ref> tag; name cannot be a simple integer. Use a descriptive title

Shall there be an amendment to the Colorado constitution concerning local government regulation of oil and gas development, and, in connection therewith, increasing local government authority to limit oil and gas development; authorizing local laws and regulations that are more restrictive and protective of a community's health, safety, welfare, and environment than state law; declaring that if state or local laws and regulations conflict the more restrictive law or regulation governs; and specifying that such local laws and regulations are not a taking of private property requiring compensation under the Colorado constitution?[4]

Support

Safe Clean Colorado was the primary supporting campaign for this initiative. It was run by Coloradans for Safe and Clean Energy.[5] U.S. Rep. Jared Polis (D-2) provided financial support to the campaign.[3]

Background

See Fracking in Colorado for a full explanation of how fracking is affecting that state.
Policypedia
Policypedia Energy logo.jpg
Policy and Elections
Energy policy was a major issue in Colorado. Find out more about Colorado Energy policy.

Democrats across the state have worked to create a strong coalition of progressives over the last decade. According to Politico, however, this coalition has become threatened as Democratic state leaders have split over fracking policy in Colorado. This potential split could make the presence of fracking-related measures such as this measure on the Colorado ballot a balancing act for those running for office this November. Although these measures don't specifically address fracking they are intended to address problems that some groups feel have arrived because of fracking.[6]

Fracking is the process of injecting fluid - mostly water and sand but with additional chemicals - into the ground at a high pressure in order to fracture shale rocks, releasing the oil and natural gas inside. This practice is controversial, as many of the chemicals used are alleged by opponents to be toxic or carcinogenic. Activists who are against the method argue that it releases methane and harmful chemicals into nearby ground water. However, supporters of the process argue that, in fact, none of the chemicals are dangerous.[7] They further contend that fracking significantly increases domestic oil output and could eventually lead the United States to energy independence.[8]

In 2013, local ballot measures in four Colorado cities sought to put a moratorium on fracking. All four got the green light from voters.[9] One of the local Colorado fracking measures was approved by such a thin margin that a recount was held. The recount upheld the original election results, showing the measure was approved 50.04 to 49.96 percent.

Fracking has been occurring in Colorado since 1969.[10] Naturally seeping oil was found by settlers in Colorado as far back as 1876.[11] In 1901 the first recorded oil well was drilled in the Pierre Shale formation. Then, in 1969, an early form of hydraulic fracturing was used near Rifle, Colorado. Massive fracking occurred in the Watternberg Gas Field beginning in 1973, and was one of the first large-scale fracking operations.[12]

Map of oil and gas permits in Colorado as of June 1, 2014

The map to the right shows active oil and gas permits in Colorado as of June 1, 2014. A green dot indicates that the Colorado Oil and Gas Conservation Commission, the state agency that oversees the oil and gas industry, has issued a permit, but does not necessarily indicate that an oil or gas well is there. The light blue areas are oil and gas basins.

When it comes to regulating fracking, the U.S. Bureau of Land Management (BLM) oversees a significant portion of oil and gas activity in Colorado because it occurs on land they manage.[13] At the state level the Colorado Oil and Gas Conservation Commission (COGCC) oversees the permitting and tracking for all oil and gas wells in the state. This process includes reviewing and permitting all new wells, approving reclamation of well pad areas once drilling has been completed and reviewing mechanical equipment tests. The COGCC works with the Colorado Department of Public Health and the Environment and Colorado Air Quality Control Commission on dust and odor permitting.[14][15][16]

In Colorado, large oil and gas producers have been working with environmental groups and the Colorado Air Quality Control Commission to limit methane and VOC emissions. Colorado was the first state to regulate methane emissions. These rules require companies to control or capture 95 percent of emissions. Operators have 15 days to repair methane leaks and are subject to routine inspections. These regulations are expected to cost the industry between $40 million and $100 million.[17][18] Another controversial issue in Colorado has been the distance between homes, schools and other buildings and oil and gas wells. Before 2013 oil and gas wells were required to be 350 feet from high-density areas and 150 feet from homes. In 2013 the COGCC revised their standards and increased the setback minimum to 500 feet, although this setback can be waived.[19]


Path to the ballot

See also: Laws governing the initiative process in Colorado & Amending the Colorado Constitution

Supporters would have had to gather 86,105 valid signatures by August 4, 2014 for the measures to appear on the ballot. Safe Clean Colorado had submitted several potential initiatives for the 2014 ballot and ultimatley focused on two other initiatives regarding oil and gas regulation: Initiative 88 and Initiative 89.

See also

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Suggest a link

External links

References

  1. Colorado Secretary of State, "Final text of initiative #90," March 21, 2014
  2. Colorado Secretary of State, "Final text of initiative #93," March 21, 2014
  3. 3.0 3.1 The Denver Post, "State high court OKs ballot measures seeking local control of drilling," June 30, 2014
  4. 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  5. Safe. Clean. Colorado., "Campaign website homepage," accessed July 3, 2014
  6. Politico Magazine, "How Fracking Could Break Colorado Democrats," April 15, 2014
  7. Frac Focus chemical disclosure website
  8. Bloomberg, "Fracking Boom Pushes U.S. Oil Output to 25-Year High," December 11, 2013
  9. National Geographic, "Results Mixed on Colorado and Ohio Fracking Ban Initiatives," November 6, 2013
  10. Leeds School of Business, Business Research Division, University of Colorado Boulder, "Hydraulic Fracturing Ban, The Economic Impact of a Statewide Fracking Ban in Colorado," March 2014
  11. Daily Reckoning, "Oil Shale Reserves," accessed April 23, 2014
  12. Leeds School of Business, Business Research Division, University of Colorado Boulder, "Hydraulic Fracturing Ban, The Economic Impact of a Statewide Fracking Ban in Colorado," March 2014
  13. U.S. Bureau of Land Management, "Fracking on BLM Colorado Well Sites," accessed May 9, 2014
  14. Stanford Law School Student Journals, "Local Government Fracking Regulations: A Colorado Case Study," January 2014
  15. Colorado Department of Public Health and the Environment, "Oil and Gas Odor and Dust Permitting," May 12, 2014
  16. Colorado Department of Public Health and the Environment, "Colorado Oil and Gas Conservation Commission (COGCC) 805 series requirement," September 28, 2009
  17. The Denver Post, "Colorado adopts tougher air rules for oil, gas industry," February 25, 2014
  18. Stanford Law School Student Journals, "Local Government Fracking Regulations: A Colorado Case Study," January 2014
  19. Leeds School of Business, Business Research Division, University of Colorado Boulder, "Hydraulic Fracturing Ban, The Economic Impact of a Statewide Fracking Ban in Colorado," March 2014