First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 11-0550.02 Thomas Morris        HOUSE BILL 11-1172
                    HOUSE SPONSORSHIP
 Wilson,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning protection of water quality, and, in connection
            therewith, requiring the Colorado oil and gas
            conservation commission and the department of public
            health and environment to review the federal
            environmental protection agency's study regarding
            hydraulic fracturing fluids and requiring the
            Colorado oil and gas conservation commission to
            report to the general assembly regarding complaints
            arising from oil and gas operations.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill requires the department of public health and environment
       (department) and the Colorado oil and gas conservation commission
       (commission) to review the federal environmental protection agency's
       study regarding hydraulic fracturing fluids and to submit a report on the
       study to the general assembly.  The bill also reenacts, with amendments,
       a law that was repealed on July 1, 2010, requiring the commission to
       report to the general assembly regarding complaints arising from oil and
       gas operations.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration.  (1)  The general assembly
       hereby declares that:
            (a)  A successful, efficient, and productive oil and gas industry is
       important for the economic viability of Colorado and the United States;
            (b)  Public confidence in this industry is important for its
       operations; and
            (c)  This act is necessary to evaluate the impacts on ground and
       surface water resulting from the use of hydraulic fracturing fluids in oil
       and gas operations.
            SECTION 2.  34-60-104 (2) (a) (III), Colorado Revised Statutes,
       is RECREATED AND REENACTED, WITH AMENDMENTS, to read:
            34-60-104.  Oil and gas conservation commission - report -
       publication - repeal.  (2) (a) (III)  The commission shall submit an
       annual report to the general assembly concerning the number
       of complaints received by the commission and its staff, the
       number of complaints that do not relate to water quality, the
       number of complaints that relate to water quality, and the
       number of complaints that relate to water quality that the
       commission:
            (A)  Determines are attributable to oil and gas
       operations;
            (B)  Determines are not attributable to oil and gas
       operations; and
            (C)  Has made no determination regarding whether the
       complaints are attributable to oil and gas operations.
            SECTION 3.  34-60-104 (2) (a), Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
            34-60-104.  Oil and gas conservation commission - report -
       publication - repeal.  (2) (a) (IV) (A)  The commission, in
       cooperation with the department of public health and
       environment, shall review the federal environmental
       protection agency's study that investigates the possible
       relationships between hydraulic fracturing and drinking water. 
       By January 1, 2013, or six months after completion of the study,
       whichever is later, the commission and the department shall
       submit a report to the agriculture, livestock, and natural
       resources and health and environment committees of the house
       of representatives and the agriculture and natural resources
       and health and human services committees of the senate, or
       their successor committees.  The report must contain an
       evaluation of whether sufficient evidence of risk to ground or
       surface water posed by the use of hydraulic fracturing fluids
       in oil and gas operations from either normal operations or
       exceptions to normal operations exists to justify expenditures
       for additional monitoring or corrective actions.
            (B)  This subparagraph (IV) is repealed, effective July 1,
       2015.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.