I voted against Proposition 112 in the last election, a sweeping regulation on all oil and gas drilling in Colorado.
It would have hurt the industry.
But I did vote for Senate Bill 19-181. It has nothing to do with the setbacks of 112, and is not a sweeping statewide regulation. Instead, this bill gives local governments a voice in regulating the issues associated with a heavy industrial activity and ensures our state can focus on health and safety.
I have listened to hours of testimony as the bill passed through six committees, two extensive floor debates and two final floor votes. I spoke to hundreds of Coloradans – Republicans, Democrats and Independents – about the bill language, amendments and consequences, and I read hundreds of emails about both sides of the issue. Ultimately, I felt comfortable moving forward to vote for this bill.
It’s important to know what the bill is not.
SB 19-181 is not a moratorium. Local governments cannot stop drilling. Choosing a well placement will be site specific, and location decisions will be made according to safety and health concerns. A well cannot be set next to a school, for example, if a site farther away works just as well.This bill does not stop drilling for gas or oil in Colorado. The Colorado Oil and Gas Conservation Commission director is specifically instructed by the Legislature to create criteria, after consulting with industry and other stakeholders, for wells that might need additional review and consideration. But the majority of new well locations will be reviewed and approved as-is under the bill, just as the director has done for the previous three months. The bill does not kill jobs. I would never vote for a bill that destroyed an important industry providing well-paying jobs, money for our schools and an active community presence. Or gas for my car, or heat for my home.The bill does not stipulate wells may not impact the environment, only that drilling should avoid impacts; producers must mitigate those that can’t be avoided.For those people who say Denver runs our lives, this bill now gives that power to local control. La Plata, Archuleta and Gunnison counties have some of the strictest drilling and production laws in the state, often touted as the gold standard of how a regulated industry can be successful. The marijuana industry has state standards, but local control decides whether to have marijuana shops or not, how many and where. Local control works.SB 19-181 adds certainty to the industry. It makes sure Colorado’s strong oil and gas industry will thrive, but in an environment of health and safety. We can have both.
The bill addresses six major issues:
Air quality. It allows local governments who want to, to monitor what goes into our air, then mitigate any flaws. I didn’t hear testimony saying dirty air is fine.Flow lines. Erin Martinez lost her husband and brother in a gas explosion near Firestone last year when unmapped and unmonitored flow lines led to gas permeating her basement; her home exploded. This bill requires those lines be disclosed. She advocated for change, saying her family would still be alive if the bill was in place. No one testified more lives should be lost.Discretionary local control. Regulations, monitoring and specific site management will all be under the control of a local governmental agency, if it desires to regulate oil and gas. That agency will be wherever the company registers and pays taxes.Change in the COGCC mission. The oil and gas industry is big enough and wealthy enough to promote itself; the government does not have to. The commission will now regulate, not foster, the industry. Orphan wells. Colorado has about 400 abandoned, inactive wells, many which are leaking. SB 19-181 will make well owners, not taxpayers, financially responsible for cleaning them. Cleanup for one abandoned well costs an average of $82,000; current bonding requirements are inadequate to cover the cost.Forced pooling. This isn’t a big deal in District 59, but it changes the law from one mineral right owner to 45 percent of the owners to “force pool” other mineral interest owners, being aware of their personal property rights. The bill raises the threshold, putting more transparency and guardrails on the process.The oil and gas industry is an important one in Colorado and District 59. But the health and safety of all Coloradans is equally as important. I am proud to vote for a bill that addresses all our needs.
Barbara McLachlan represents State House District 59. Reach her at barbara.mclachlan.house@state.co.us.
