Current law declares that it is in the public interest to "[f]oster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources". The Colorado court of appeals, in Martinez v. Colo. Oil & Gas Conservation Comm'n, 2017 COA 37, has construed this language to mean that oil and gas development is not balanced with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources. Rather, that development must occur in a manner consistent with such protection. The bill codifies the result reached in Martinez. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 34-60-102, amend (1)(a)(I) as follows: 34-60-102. Legislative declaration. (1) (a) It is declared to be in the public interest to: (I) REGULATE the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including protection of the environment and wildlife resources. AS SPECIFIED IN SECTION 34-60-104.7, THE BALANCED DEVELOPMENT OF OIL AND GAS RESOURCES MUST BE IMPLEMENTED IN A MANNER CONSISTENT WITH SUCH PROTECTION. SECTION 2. In Colorado Revised Statutes, add 34-60-104.7 as follows: 34-60-104.7. Duties of commission - protection of environment, health, and climate. IN EXERCISING THE POWERS CONFERRED ON IT UNDER THIS ARTICLE 60 AND IN ADMINISTERING AND ENFORCING THIS ARTICLE 60, THE COMMISSION SHALL REGULATE OIL AND GAS OPERATIONS SO AS TO PREVENT AND MITIGATE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS ON ANY AIR, WATER, SOIL, OR BIOLOGICAL RESOURCE RESULTING FROM OIL AND GAS OPERATIONS TO THE EXTENT NECESSARY TO PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE, INCLUDING PROTECTION OF THE HB18-1071 ENVIRONMENT AND WILDLIFE RESOURCES. SECTION 3. Applicability. This act applies to conduct occurring on or after the effective date of this act. SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.
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Senate Committee on Agriculture, Natural Resources, & Energy Postpone IndefinitelyWed, Mar 7th 2018
Introduced In Senate - Assigned to Agriculture, Natural Resources, & EnergyMon, Feb 12th 2018
House Third Reading Passed - No AmendmentsFri, Feb 9th 2018
House Second Reading Passed - No AmendmentsThu, Feb 8th 2018
House Second Reading Laid Over to 02/08/2018 - No AmendmentsWed, Feb 7th 2018
House Second Reading Laid Over to 02/07/2018 - No AmendmentsTue, Feb 6th 2018
House Committee on Health, Insurance, & Environment Refer Unamended to House Committee of the WholeThu, Feb 1st 2018
Introduced In House - Assigned to Health, Insurance, & EnvironmentWed, Jan 10th 2018