A State Constitutional Amendment for Local Control

-by Maeve Conran.

On Friday February 21st, a coalition of groups calling itself Local Control Colorado submitted language to the Colorado Legislative Services for a constitutional amendment to give local communities in Colorado control over whether to allow fracking in their communities. KGNU’s Maeve Conran spoke with Kaye Fissinger of Local Control Colorado, one of the activists behind the successful ballot measure in Longmont which banned fracking.

This program originally aired on KGNU’s Morning Magazine on Feb. 21, 2014

The ballot language for Local Control Colorado:

Be it Enacted by the People of the State of Colorado: Article XVIII of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:

Section 17: Local Control of Oil–‐and–‐Gas Development (1) Purpose and findings.

(a) THE COLORADO CONSTITUTION CONFERS CERTAIN RIGHTS ON THE CITIZENS OF THE STATE, INCLUDING INALIENABLE RIGHTS UNDER ARTICLE II, SECTION 3.

(b) LOCAL GOVERNMENTS IN THE STATE OF COLORADO MAY ENACT LOCAL CHARTER AMENDMENTS, LAWS, ORDINANCES AND/OR REGULATIONS INTENDED TO PROTECT THE INALIENABLE RIGHTS OF ITS CITIZENS.

(2) Definitions. (a) “LOCAL GOVERNMENT” MEANS ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, WHETHER STATUTORY OR HOME RULE, LOCATED IN THE STATE OF COLORADO.

(3) Local Control of Oil–‐and–‐Gas Development.

(a) NOT WITHSTANDING ANY OTHER PROVISION OF LAW, LOCAL GOVERNMENTS IN COLORADO MAY PLACE RESTRICTIONS ON THE TIME, PLACE OR METHOD OF OIL–‐AND–‐GAS DEVELOPMENT, INCLUDING BUT NOT LIMITED TO THE USE OF HYDRAULIC FRACTURING, THAT ARE INTENDED TO PROTECT THEIR COMMUNITIES AND CITIZENS.

(b) NO LOCAL GOVERNMENT MAY ENACT ANY LIMITATIONS, RULES OR REGULATIONS ON OIL–‐AND–‐GAS DEVELOPMENT THAT ARE LESS STRINGENT THAN EXISTING STATE AND FEDERAL PROVISIONS.

(c) ANY SUCH RESTRICTIONS PLACED BY LOCAL GOVERNMENTS ON OIL–‐AND–‐ GAS DEVELOPMENT ARE DEEMED NOT TO BE IN CONFLICT WITH THE STATE’S INTERESTS.

(4) Self–‐executing, severability, confliction provisions. ALL PROVISIONS OF THIS SECTION ARE SELF–‐EXECUTING AND SEVERABLE.