Legislative Deal on Colorado Oil and Fracking Regulations

Update 8/5, 1:35pm: Colorado will avoid a costly ballot fight this November over oil and gas drilling. One day after Democratic Congressman Jared Polis said he would pull the two anti-fracking ballot initiatives he’s backing, industry groups are following suit dropping a pair of pro oil and gas proposals. As Bente Birkeland reports, the agreement will still have ramifications for the political season.

Listen to the latest report below.

Democratic Congressman Jared Polis said he would call on the withdrawal of two anti-fracking ballot initiatives he’s backing so the state can try to craft a legislative solution. He said he made the decision in the last few days, “I’ve said that from the very start my personal preference is to address these issues legislatively.”

Polis joined Governor John Hickenlooper at the state capitol on Monday to announce the creation of an 18- member task force that will make recommendations for new oil and gas rules leading into next legislative session, which begins in January. The task force will include members from local government, oil and gas, agriculture, homebuilders and environmentalists.

“You have all the interests at the table, to work through the differences and difficulties and you figure out what is a compromise that serves all parties,” said Hickenlooper.

The Democratic controlled state legislature tried to come up with a compromise bill last session but failed to reach an agreement. Hickenlooper also attempted to broker a compromise and even considered a special legislative session over the summer to avoid a costly fight at the ballot box.

“You have no idea what happens when you put a ballot measure out there,” said Craig Hughes a partner with Hilltop Public Solutions and former adviser to President Barack Obama’s Colorado campaign. “I equate it to a hand grenade that you throw out into a crowded room and you wait to see what happens when the shrapnel flies. It was a great risk on all sides. It could’ve helped Democratic turnout particularly in Boulder and Larimer county. It could’ve helped Republican turnout especially on the eastern plains and western slope,” said Hughes.

Colorado is home to one of the most competitive U.S. senate races in the country, and Governor Hickenlooper is up for reelection. And while many wanted to avoid and oil and gas ballot fight, it’s not a done deal yet. Two pro industry proposals are still moving forward, including initiative 121 which would prevent communities that ban oil and gas development from receiving revenues from the industry.

“It is important for communities to understand that responsible oil and gas development funds our schools, roads and fire stations,” said Representative Frank McNulty (R-Highlands Ranch) who is backing the proposal. “Energy bans do nothing but shrink the pot of funding available for those services.  That’s a big reason you saw Loveland reject an energy ban earlier this summer.  This is the reason we believe our initiative will be approved this November.”

The group has already turned in 138,000 signatures to the Colorado Secretary of State’s office, well above the 86,105 threshold required to get  a measure on the ballot.

Safe. Clean. Colorado is also expected to deliver petitions for initiatives 88 and 89. The Polis backed measures would create an environmental bill of rights and allow communities to ban fracking. Polis said he hopes the initiatives will be withdrawn but only if the pro- industry ballot measures are also taken off the table simultaneously.

“I would expect that the two would occur together if they’re going to occur,” said Polis.

Also part of the deal, Governor John Hickenlooper is directing the state to drop its lawsuit against the city of Longmont over local oil and gas rules that the state argued infringed on Colorado’s right to manage the resource. Polis said if lawmakers can’t reach a deal next session he’s more than willing to put something before voters in 2016.

-by Bente Birkeland

 

photo: Bente Birkeland

Local anti-fracking activists are critical of the deal. Sam Schabacker with Food and Water Watch said that the deal “may remove fracking from the state ballot this November, but it doesn’t solve any problems. It creates an unelected task force and guarantees that concern among voters about fracking will continue to escalate, and that fracking will continue to be a significant statewide issue our officials must address.”

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