Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0424.01 Thomas Morris x4218  SENATE BILL 12-088
                   SENATE SPONSORSHIP
 Harvey,  Grantham, Renfroe
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the preemption of local regulation of 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 specifies that the regulation of oil and gas operations is a
       matter of statewide concern, the Colorado oil and gas conservation
       commission has exclusive jurisdiction to regulate oil and gas operations,
       and local regulation of oil and gas operations is preempted by state law.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 34-60-105, amend
       (1) as follows:
            34-60-105.  Powers of commission. (1) (a)  The commission has
       jurisdiction over all persons and property, public and private, necessary
       to enforce the provisions of this article and has the power to make and
       enforce rules regulations, and orders pursuant to this article and to do
       whatever may be reasonably be necessary to carry out the provisions of
       this article. Any delegation of authority to any other state officer, board,
       or commission to administer any other laws of this state relating to the
       conservation of oil or gas or either of them, is hereby rescinded and
       withdrawn, and such authority is unqualifiedly conferred upon the
       commission, as provided in this section. The regulation of oil and gas
       operations is a matter of statewide concern. The commission has
       exclusive jurisdiction to regulate oil and gas operations, and
       local regulation of oil and gas operations is preempted by state
       law.
            (b)  Any person, or the attorney general on behalf of the state, may
       apply for any hearing before the commission, or the commission may
       initiate proceedings upon any question relating to the administration of
       this article, and jurisdiction is conferred upon the commission to hear and
       determine the same matter and enter its rule regulation, or order with
       respect thereto to the matter.
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       7, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.