First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0355.02 Thomas Morris x4218 HOUSE BILL 13-1275 HOUSE SPONSORSHIP Ginal, Fischer, Foote, Hullinghorst, Schafer, Singer SENATE SPONSORSHIP Aguilar, House Committees Senate Committees Health, Insurance & Environment A BILL FOR AN ACT Concerning the collection of human health data regarding oil and gas operations in counties near the Front Range. 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.) Section 1 of the bill directs the state board of health in the department of public health and environment to issue a request for proposals to conduct a review of existing epidemiological data regarding the effects of oil and gas operations on human health in the counties of Larimer, Weld, Boulder, and Arapahoe and one or more control areas. The selected contractor must provide its analysis of the data in a report to the general assembly by March 15, 2014. The contractor must file interim reports with an oversight committee appointed by legislative leadership and the governor. The report must include the committee's recommendation regarding whether a follow-up study to collect and analyze new epidemiological data is warranted. Section 2 authorizes the use of the mill levy on oil and gas production to pay for the review. The final report or an interim report may include a finding regarding whether the division of administration in the department or the Colorado oil and gas conservation commission should enter a cease-and-desist order against continued oil and gas operations, emission of air pollutants, or the discharge of water pollutants from any specifically identified oil and gas facilities. Section 3 directs the division to enter a cease-and-desist order against the continued emission of air pollutants from those facilities if the report finds that it should and the division agrees that it should, section 4 requires the same for the discharge of water pollutants, and section 5 requires the same of the commission. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-1-122.3 as follows: 25-1-122.3. Review of oil and gas operations - report - definition - repeal. (1) As used in this section, "oil and gas operations" has the meaning established in section 34-60-103 (6.5), C.R.S. (2) (a) The board shall expeditiously issue a request for proposals from prospective contractors to conduct a review of existing epidemiological data to determine whether oil and gas operations can have an adverse effect on human health. The review must focus on at least four geographic areas selected by the contractor in compliance with paragraph (b) of this subsection (2) in or near the counties of Larimer, Weld, Boulder, and Arapahoe and one or more appropriate control areas. In awarding the contract, the board shall give preference to researchers who are associated with an accredited institution of higher education. (b) The contractor shall design the review with input from medical researchers, statisticians, and environmentalists to provide scientifically based information on acute, chronic, debilitating, fatal, and transgenerational conditions of the general population as well as vulnerable populations such as children, pregnant women, the elderly, and those whose health is already impaired. The review must analyze existing incidence data for an appropriate period of time before and after the commencement of oil and gas operations in each particular geographic area. (c) The contractor shall analyze the data from the review and prepare, in consultation with the oversight committee created in subsection (4) of this section, a final report by March 15, 2014. The board shall publish the report on the board's web site. The board shall provide copies of the report to the committees of the general assembly with jurisdiction over public health, the environment, and natural resources. (3) The review: (a) May include a specific finding in the final report or any interim report, made in consultation with the oversight committee created in subsection (4) of this section, regarding whether the division of administration in the department or the Colorado oil and gas conservation commission should exercise its power to issue a cease-and-desist order under section 25-7-113 (1) (a) (I), 25-8-307 (1) (a), or 34-60-106 (2) (d), C.R.S. If the report finds that the division or commission should exercise one of those powers, the report must also identify: (I) The specific municipalities in which the affected population resides or, if the affected population resides in an unincorporated portion of one or more counties, the counties in which the affected population resides; and (II) The specific oil and gas facility or facilities that should be subject to the order or orders; and (b) Must: (I) Be peer-reviewed; (II) Include experts familiar with data analysis relevant to environmental health; and (III) Determine to what extent a correlation may be established between the epidemiological data and the duration and type of exposure to oil and gas operations. (4) (a) There is hereby created an oversight committee for the review. The committee consists of the following members: (I) Three members appointed by the speaker of the house of representatives, including one legislator; (II) Two members appointed by the minority leader of the house of representatives; (III) Three members appointed by the president of the senate, including one legislator; (IV) Two members appointed by the minority leader of the senate; and (V) One member appointed by the governor to represent the department. (b) A member of the committee must not have a direct financial interest in an oil and gas operator as that term is defined in section 34-60-103 (6.8), C.R.S. Legislative appointees who are not legislators must either be physicians or have experience in occupational or public health, epidemiology, biomedical science, or statistics. The appointing authorities shall make their appointments by July 1, 2013. (c) The contractor shall submit interim reports and a draft final report to the committee on a schedule established by the committee in consultation with the contractor. (d) The committee shall determine whether a follow-up study to collect and analyze new epidemiological data regarding the effects of oil and gas operations on human health is warranted. The final report must include the committee's determination. If the committee determines that a follow-up study is warranted, the final report must include guidelines regarding the elements that should be included in the study. (5) This section is repealed, effective September 1, 2014. SECTION 2. In Colorado Revised Statutes, 34-60-124, amend (4) (a) (II) as follows: 34-60-124. Oil and gas conservation and environmental response fund. (4) The oil and gas conservation and environmental response fund may be expended: (a) By the commission, or by the director at the commission's direction, prior to, during, or after the conduct of oil and gas operations to: (II) Gather background or baseline data on any air, water, soil, or biological resource, or human health impacts that the commission determines may be so impacted by result from the conduct of oil and gas operations, including the review conducted pursuant to section 25-1-122.3, C.R.S.; and SECTION 3. In Colorado Revised Statutes, 25-7-113, amend (1) introductory portion and (1) (a) as follows: 25-7-113. Air pollution emergencies endangering public welfare anywhere in this state - repeal. (1) Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activity or discharge does not constitute a clear, present, and immediate danger to the health of the public, but is of such a nature as to cause extreme discomfort or that it is an immediate danger to the welfare of the public because such pollutants make habitation of residences or the conduct of businesses subjected to the pollutants extremely unhealthy or disruptive, the division shall take one or both of the following actions: (a) (I) Issue a written cease-and-desist order to said the person requiring immediate discontinuance of such activity or the discharge of such the pollutant into the atmosphere, and, upon receipt of such the order, such the person shall immediately discontinue such activity or discharge. or (II) (A) The division shall exercise its authority under subparagraph (I) of this paragraph (a) with regard to an oil and gas facility that is specifically identified in a report prepared under section 25-1-122.3 (3) (a), C.R.S., if the report includes a finding that the division should exercise its power under subparagraph (I) of this paragraph (a) and the division agrees that one or more of the conditions specified in the introductory portion of this subsection (1) have been met. (B) This subparagraph (II) is repealed, effective September 1, 2014. SECTION 4. In Colorado Revised Statutes, amend 25-8-307 as follows: 25-8-307. Emergencies - repeal. (1) (a) Whenever the division determines, after investigation, that any person is discharging or causing to be discharged or is about to discharge into any state waters, directly or indirectly, any pollutant which that in the opinion of the division constitutes a clear, present, and immediate danger to the health or livelihood of members of the public, the division shall issue its written order to said person that he must or she shall immediately cease or prevent the discharge of such pollutant into such waters and thereupon such person shall immediately discontinue such discharge. (b) (I) The division shall exercise its authority under paragraph (a) of this subsection (1) with regard to an oil and gas facility that is specifically identified in a report prepared under section 25-1-122.3 (3) (a), C.R.S., if the report includes a finding that the division should exercise its powers under paragraph (a) of this subsection (1) and the division agrees that one or more of the conditions specified in paragraph (a) of this subsection (1) have been met. (II) This paragraph (b) is repealed, effective September 1, 2014. (2) Concurrently with the issuance of such an order under subsection (1) of this section, the division may seek a restraining order or injunction pursuant to section 25-8-607. SECTION 5. In Colorado Revised Statutes, 34-60-106, amend (2) (d) as follows: 34-60-106. Additional powers of commission - rules - repeal. (2) The commission has the authority to regulate: (d) (I) Oil and gas operations so as to prevent and mitigate significant adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations to the extent necessary to protect public health, safety, and welfare, including protection of the environment and wildlife resources, taking into consideration cost-effectiveness and technical feasibility. (II) Whenever the commission determines, after investigation, that an operator is conducting oil and gas operations in a manner that constitutes a clear, present, and immediate danger to the health of the public, the commission shall issue a written cease-and-desist order to the operator to immediately cease such operations, and thereupon the operator shall immediately discontinue such operations. (III) (A) The commission shall exercise its authority under subparagraph (II) of this paragraph (d) with regard to an operator whose oil and gas facility is specifically identified in a report prepared under section 25-1-122.3 (3) (a), C.R.S., if the report includes a finding that the commission should exercise its powers under subparagraph (II) of this paragraph (d) and the commission agrees that the condition specified in subparagraph (II) of this paragraph (d) has been met. (B) This subparagraph (III) is repealed, effective September 1, 2014. SECTION 6. 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.