DENVER – A bill that sought to crack down on hydraulic fracturing by targeting state oil and gas regulators was killed Wednesday by lawmakers.
Senate Bill 129 would have tweaked the mission of the Colorado Oil and Gas Conservation Commission to balance what some perceive to be a bias on the commission toward industry interests.
The COGCC’s mission is to “foster the responsible, balanced development, production and utilization of the natural resources of oil and gas in the state ... in a manner consistent with protection of public health, safety and welfare, including protection of the environment and wildlife resources.”
Sen. Matt Jones, D-Longmont, wanted to change the mission to “administer” the responsibility, as opposed to “foster” development.
The argument is that the COGCC believes its purpose is to “foster” oil and gas development, which puts it at odds with its responsibility to protect Coloradans.
“The commission works great if you’re oil and gas. It doesn’t work well, in fact I think it works terrible, if you’re a neighbor or a homeowner,” Jones said.
He could not convince his colleagues on the Senate Agriculture, Natural Resources and Energy Committee to support the bill, which killed the legislation 7-2.
Sen. Ellen Roberts, R-Durango, opposed the bill, as did the rest of her Republican colleagues. Two Democrats – Leroy Garcia of Pueblo and Mary Hodge of Brighton – also opposed the bill.
Matt Lepore, director of the COGCC, pointed out that the commission went through significant restructuring in 2007. Lawmakers updated its mission to eliminate a need to “encourage” and “promote” development, while directing it to pursue “responsible” and “balanced” production.
That year, lawmakers also increased the board’s size, while reducing the number of industry representatives on the commission.
Lawmakers in 2014 also increased fines that the commission could levy on producers.
“Since 2007, the agency has worked rather tirelessly to create a regulatory regime that strikes that balance between fostering responsible development and protecting public health, safety and welfare,” Lepore said.
The bill came in the aftermath of a task force convened by the governor to examine extending local control over regulations. Many felt the task force fell short and that the COGCC did not offer significant changes. Some are preparing ballot initiatives to address the discontent.
La Plata County Commissioner Gwen Lachelt, a Democrat who co-chaired the task force, said last year that she was “gravely disappointed” with the COGCC’s interpretation of the panel’s recommendations.
Jones said his bill would have offered a bit more comfort to those who are unsettled.
“We keep talking about this issue over and over, but it will continue so long as we still have things like this,” he said, pointing to photos of fracking operations in neighborhoods. “No other industry in the state of Colorado has the right to do what these people do by dropping these industrial activities near neighborhoods.”
pmarcus@durangoherald.com
