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s_agr_2018a_2018-03-15t13:42:52z5 Hearing Summary




PUBLIC
BILL SUMMARY For SB18-192

SENATE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES, & ENERGY
Date Mar 15, 2018      
Location SCR 357



SB18-192 - Committee Discussion Only


02:25:43 PM  
Senator Marble, prime sponsor, discussed
the provisions of Senate Bill18-192 concerning local government liability
for fracking bans and oil and gas moratoriums.  This bill provides
for the compensation of a royalty owner when a local ordinance, resolution,
or other policy prohibits the practice of hydraulic fracturing to recover
oil and gas within a local government's jurisdiction, or places a moratorium
on oil and gas activities.  The local government is liable to the
mineral interest owner for the value of the mineral interest not received
due to the prohibition or moratorium.  The bill also requires that
a local government that enacts a moratorium on oil and gas activities compensate
oil and gas operators, mineral lessees, and royalty owners for all costs,
damages, and losses of fair market value associated with the moratorium.

02:29:15 PM  
Harry Gregory, representing himself, spoke in opposition to the bill and expressed concern about methane leaks related to oil and gas development.
02:31:43 PM  
Neil Ray, Colorado Alliance of Mineral
and Royalty Owners, spoke in support of the bill and distributed a written
copy of his testimony  [Attachment C].  He  responded to
questions from the committee about the statutory pooling process, also
known as "forced pooling."  He also distributed the December
2017 edition of the Colorado Alliance of Mineral and Royalty Owners newsletter
that discuss the issue of takings [Attachment D].
02:34:53 PM  
Mark Ruzzin, Boulder County, spoke in opposition to the bill and discussed the authority of local government to regulate certain activities.
02:38:00 PM  
Jen Boulton, Audubon Society of Colorado,
Colorado Trout Unlimited, spoke in opposition to the bill and responded
to prior testimony concerning case law on takings.
02:46:42 PM  
Shawn Martini, Colorado Farm Bureau, spoke in support of the bill.
02:47:56 PM  
Wes Wilson, Be the Change, spoke in opposition to the bill and expressed concern about health impacts related to oil and gas development.
02:50:10 PM  
Kevin Lynch, representing himself, spoke
in opposition to the bill and discussed the law concerning the taking of
property.  He also responded to questions from the committee about
the effect of the bill.
02:53:53 PM  
Therese Gilbert, representing herself,
spoke in opposition to the bill and discussed the statutory pooling of
her mineral interest. She expressed concerning about health impacts related
to oil and gas development.  She also responded to questions from
the committee about her experience related to statutory pooling.
02:56:28 PM  
Phil Doe, Be the Change, spoke in opposition
to the bill and discussed property losses experienced by oil and gas operators.
 He also expressed concerning about state liability to plug abandoned
oil and gas wells.
02:59:22 PM  
Jim Cole, Colorado Oil and Gas Association,
Colorado Petroleum Association, spoke in support of the bill and identified
the economic benefits of oil and gas production in Colorado.  He discussed
the authority of local governments to regulate oil and gas development
and responded to prior testimony about the health impacts related to oil
and gas development.  He also responded to questions from the committee
about the cost of generating power using natural gas and the health impacts
related to oil and gas development.