First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0254.01 Kate Meyer HOUSE BILL 09-1167 HOUSE SPONSORSHIP McKinley, Kerr J., Liston, Looper, Marostica, Sonnenberg, Tipton SENATE SPONSORSHIP (None), Lundberg House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning prohibiting the Colorado oil and gas conservation commission from promulgating rules pursuant to the "Colorado Habitat Stewardship Act of 2007" that would adversely affect existing oil and gas operations. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Prohibits the Colorado oil and gas conservation commission from promulgating any rule pursuant to the "Colorado Habitat Stewardship Act of 2007" that is intended to protect wildlife feeding, breeding, habitation, or migration, if such rule would have an adverse impact on any producing oil or gas well. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 34-60-128, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 34-60-128. Habitat stewardship - rules - scope. (5) Notwithstanding any provision of law to the contrary, on and after September 1, 2009, the commission shall not promulgate any rule regarding wildlife feeding, breeding, habitation, or migration, if such rule would adversely impact the operation, servicing, or maintenance of a producing oil or gas well. SECTION 2. Act subject to petition - effective date. (1) This act shall take effect September 1, 2009. (2) However, if a referendum petition is filed against this act or an item, section, or part of this act during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, shall not take effect unless approved by the people at a biennial regular general election and shall take effect on the date specified in subsection (1) or on the date of the official declaration of the vote thereon by proclamation of the governor, whichever is later.