State’s regular oil and gas rulemaking process at work

On December 6, 2017, the League of Oil and Gas Impacted Coloradans (LOGIC), submitted a Colorado Oil and Gas Conservation Commission (COGCC) petition to conduct a rulemaking to require new oil and gas wells and production facilities be sited no closer than 1,000 feet from the perimeter of a school or child care center property line, as opposed to a building itself, as the current setback rules state.

LOGIC renewed its petition for rulemaking on July 16, 2018. At the Colorado Oil & Gas Conservation Commission’s July 30, 2018 hearing, it considered LOGIC’s petition and directed commission staff to proceed with a rulemaking on the issue of school setbacks.

The process includes three stakeholder meetings. The next one is Sept. 14, 2018 and the final scheduled stakeholder meeting is Oct. 5, 2018. The commission can add other stakeholder meetings in October and November as required. Redline draft rules are due to be presented on Oct. 15. The rulemaking hearing before the COGCC is scheduled for Dec. 17-18, 2018.

The steps in the commission’s rulemaking timeline are listed below:

August 15, 2018 COGCC submit Notice of Rulemaking, Redline Draft Rules & SBP for SOS Publication
August 25, 2018 Colorado Register publishes Notice
August 24, 2018 (2:00 – 4:00 PM) Stakeholder Meeting
Wasatch Hearing Room, COGCC Main Office
1120 Lincoln St. (8th Floor), Denver
September 14, 2018 (2:00 – 4:00 PM) Stakeholder Meeting
Wasatch Hearing Room, COGCC Main Office
1120 Lincoln St. (8th Floor), Denver
October 5, 2018 (2:00 – 4:00 PM) Stakeholder Meeting
Wasatch Hearing Room, COGCC Main Office
1120 Lincoln St. (8th Floor), Denver
October 15, 2018 COGCC submit Amended Notice of Rulemaking, Redline Draft Rules & SBP for SOS Publication
October 25, 2018 Colorado Register publishes Notice
October 26, 2018 (5:00 PM) Deadline to file Party Status Request
Additional Party stakeholder meetings added as necessary
November 9, 2018 (5:00 PM) Party Prehearing Statements Due
5 page maximum
November 26, 2018 (5:00 PM) Party Responses Due
5 page maximum
December 7, 2018 (5:00 PM) Public / Non-Party Statements Due
5 page maximum
December 17-18, 2018 (9:00 AM) Rulemaking Hearing
Wasatch Hearing Room, COGCC Main Office
1120 Lincoln St. (8th Floor), Denver

Who made the rule change request?

The group LOGIC advocates for oil and gas development that prioritizes health and safety of the people near wellsites.

“It is time to reframe the conversation around energy development in Colorado to include the voices of those living with oil and gas development near our homes and communities,” the LOGIC website states.

“The issue is about protecting Colorado residents and Colorado’s natural resources from the risks and impacts of oil and gas developments as they encroach ever closer into neighborhoods and near peoples’ homes. Most Coloradans agree that oil and gas development should occur in Colorado, but that this development needs to be done responsibly and prioritize the health and safety of Coloradans,” the group’s website says.

”We believe that:

  • Impacted and concerned citizens have a voice and a role at oil and gas decision-making tables.
  • Local governments and adjacent land owners should have a say when it comes to oil and gas in their communities.
  • We need proactive and pragmatic policy approaches at the local, state and federal levels that prioritize public health, safety, and natural resources.”

The requested rule change that is in process at the COGCC seeks to measure the 1,000-foot setback for oil and gas development near schools from the perimeter of school property, including its playgrounds and athletic fields. The present rule measures setbacks from the school buildings themselves.

Nothing like 97 or the global climate groups behind it

This requested rulemaking for which the LOGIC group petitioned the COGCC in 2017 is vastly different from initiative 97’s blanket exclusion of land available for drilling by placing a mandatory statewide 2,500-foot setback from occupied structures and “vulnerable areas.”

The language of initiative 97 defines “vulnerable areas” as “playgrounds, permanent sports fields, amphitheaters, public parks, public open space, public and community drinking water sources, irrigation canals, reservoirs, lakes, rivers, perennial or intermittent streams, and creeks, and any additional vulnerable areas designated by the state or a local government.” A study by the state oil and gas regulator (COGCC) calculated that 85% of non-federal land in Weld County would be off limits to oil and gas development under the exclusions of initiative 97.

One of the global climate groups (350.org) that is working to promote initiative #97 through its Colorado branch is seeking 100% renewable energy use. On the group’s global website, the homepage tagline states: “We are standing up to the fossil fuel industry to stop all new coal, oil and gas projects and build clean energy for all.” Elsewhere the group advocates: “We know what those commitments need to achieve: a fast, fair and just transition to 100% renewable energy and an immediate end to new fossil fuel projects.”

The intended outcome of the 97 ballot proposal is clearly to end oil and gas development altogether. This is vastly different from that of the LOGIC-initiated ‘school perimeter’ rulemaking request which is currently underway at the COGCC.

 


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