Sen. Matt Jones

Wildfire Matters Review Committee. The wildfire matters review committee (WMRC) is currently scheduled to repeal on July 1, 2018. The bill defers the repeal date to September 1, 2025. The bill also eliminates obsolete provisions relating to the WMRC's consideration of codifying the wildland and prescribed fire advisory commission, an entity created by executive order. The WMRC discharged its obligation by considering this issue during the 2014 legislative session. The bill also appropriates $49,125 from the general fund to the legislative department for the 2018-19 state fiscal year for its implementation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law allows the state board of health to adopt rules concerning the disposal of naturally occurring radioactive materials (NORM) only after the federal environmental protection agency (EPA) has adopted rules concerning the disposal of NORM. The EPA has not adopted the rules. The bill: Requires the state board to adopt rules for the disposal of NORM and technologically enhanced NORM (TENORM); and While the state board is conducting its rule-making investigation, requires: The department of public health and environment (department) to convene a stakeholder group; Generators of NORM and TENORM waste to report to the department; The department to contract for the creation of a report; The department to submit the report to the general assembly; The department to propose draft rules; and Generators of NORM and TENORM waste to comply with guidance and letters issued by the department and its solid waste management program. The bill appropriates $16,596,405 from the general fund to the department for use by the hazardous materials and waste management division to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

The bill requires the oil and gas conservation commission to promulgate rules as soon as practicable to ensure proper wellhead integrity of all oil and gas production wells. The bill requires an oil and gas operator to give electronic notice of the location of each flow line and gathering pipeline installed, owned, or operated by the operator to each local government within whose jurisdiction the subsurface facility is located. The commission promulgated several rules in 2016 to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities within whose jurisdictions the proposed operations will occur; and the bill adds counties within whose jurisdictions the proposed operations will occur. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted oil and gas production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that the minimum distance requirement does not apply if a school commences operations near oil and gas facilities or wells that are already actively in use or permitted; except that the minimum 1,000-foot distance applies to real property owned by a school district on which a future permanent or temporary school building is planned to be constructed within 5 years. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Current law authorizes 'forced' or 'statutory' pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool and develop oil and gas resources located within a particularly identified drilling unit absent consent from the mineral owner. The bill exempts school districts that own mineral rights and mineral rights owners that are located on open space designated by a local government if the local government acquired the mineral rights before the application was filed from being forced pooled but maintains their ability to engage in voluntary pooling. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Police Officers' and Firefighters' Pension Reform Commission. Current law allows an employer that is affiliated with the fire and police pension association (FPPA) and that provides a money purchase plan for its employees to apply to the board of directors of FPPA (board) to cover some or all existing members of the money purchase plan under either the statewide hybrid plan or the statewide defined benefit plan, both of which are part of the defined benefit system. Current law requires the employer to apply to the board separately for each plan. In addition, the employer may apply to cover only existing employees under the statewide hybrid plan or the statewide defined benefit plan. The bill allows an employer that provides a money purchase plan to apply to the board, with a single application, to cover some or all of the existing members of its money purchase plan in the defined benefit system. In addition, the bill allows an employer that provides a money purchase plan to apply to the board to cover all new employees hired on or after a date certain and who are members of the FPPA to participate as a group in either the statewide hybrid plan or the statewide defined benefit plan through the defined benefit system. The bill eliminates certain statutory requirements in connection with an employer's participation in the defined benefit system and instead authorizes the board to determine the terms, process, certifications, and schedules that will govern an employer's participation in the defined benefit system. The bill also repeals the separate application process for entry into the statewide defined benefit plan. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More

Section 2 of the bill prohibits the Colorado oil and gas conservation commission from accepting any of the available types of financial assurance unless the operator demonstrates, by clear and convincing evidence, that the financial assurance will be sufficient to finance all reasonably foreseeable expenses related to ensuring compliance with the oil and gas law if the operator fails to meet its compliance obligations. The commission shall calculate the total financial assurance required by multiplying the number of oil and gas facilities subject to the application by the projected cost to finance every reasonably foreseeable eventuality related to ensuring compliance with regard to each type of facility. Section 4 adds reclamation requirements that are adapted from the reclamation requirements applicable to hard rock mines.(Note: This summary applies to this bill as introduced.) , Read More

The bill updates the renewable energy standard to require that all electric utilities, including cooperative electric associations and municipally owned utilities, derive their energy from 100% renewable sources by 2035. The bill also: Removes recycled energy from the types of energy sources eligible for meeting the renewable energy standard; Allows a utility to obtain energy efficiency credits equal in value to renewable energy credits based on any energy efficiency upgrades made for a low-income residential customer; Removes multipliers used for counting certain renewable energy generated; and Phases out the system of tradable renewable energy credits so that renewable energy generated after 2035 is not eligible for renewable energy credits.(Note: This summary applies to this bill as introduced.) Read More

Section 1 of the bill specifies that the short title of the act is the 'Protect Act'. Current law specifies that local governments have powers, commonly called 'House Bill 1041' powers, which are a type of land use authority, over oil and gas mineral extraction areas only if the Colorado oil and gas conservation commission has designated a specific area as an area of state interest; sections 3 and 4 repeal that limitation. Section 5 includes specific authority to regulate the siting of oil and gas facilities in counties' existing land use authority. Section 6 makes the same changes with regard to municipalities' existing land use authority. Sections 7 and 8 specify that the Colorado oil and gas conservation commission's authority to regulate oil and gas operations, including the siting of oil and gas facilities, does not exempt an oil and gas facility from a local government's siting authority and that an oil and gas operator must ensure that the location of an oil and gas facility complies with city, town, county, or city and county siting regulations. Sections 5, 6, and 8 specify that, notwithstanding any other provision of law, the governing body of a municipality and a board of county commissioners may, in order to protect the public safety, health, and welfare of the citizens of the local government, plan, zone, and refuse to allow oil and gas operations. (Note: This summary applies to this bill as introduced.) Read More

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