Amendments for HB23-1242
House Journal, April 19
16 Amend the House Energy & Environment Committee Report dated
17 March 23, 2023, page 8, after line 36 insert:
18
19 "SECTION 2. Appropriation. (1) For the 2023-24 state fiscal
20 year, $464,512 is appropriated to the department of natural resources for
21 use by the Colorado oil and gas conservation commission. This
22 appropriation is from the oil and gas conservation and environmental
23 response fund created in section 34-60-122 (5)(a), C.R.S., and is based on
24 an assumption that the commission will require an additional 4.0 FTE. To
25 implement this act, the commission may use this appropriation for
26 program costs.
27 (2) For the 2023-24 state fiscal year, $30,169 is appropriated to
28 the department of public health and environment for use by the water
29 quality control division. This appropriation is from the perfluoroalkyl and
30 polyfluoroalkyl substances cash fund created in section 8-20-206.5 (7)(a),
31 C.R.S., and is based on an assumption that the division will require an
32 additional 0.3 FTE. To implement this act, the division may use this
33 appropriation for personal services related to the drinking water
34 program.".
35
36 Renumber succeeding section accordingly.
37
38 Page 8 of the committee report, after line 39 insert: "Page 1 of the bill,
39 line 101, strike "OPERATIONS." and substitute "OPERATIONS, AND, IN
40 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
House Journal, April 20
20 Amendment No. 1, Appropriations Report, dated April 18, 2023, and
21 placed in member's bill file; Report also printed in House Journal,
22 April 18, 2023.
23
24 Amendment No. 2, Energy & Environment Report, dated March 23,
25 2023, and placed in member's bill file; Report also printed in House
26 Journal, March 24, 2023.
27
28 Amendment No. 3, by Representative Boesenecker:
29
30 Amend the Energy and Environment Committee Report, dated March 23,
31 2023, page 1, strike line 3 and substitute:
32
33 ""SECTION 1. Legislative declaration. (1) The general
34 assembly finds and determines that:
35 (a) Since the year 2000, Colorado has experienced a drought that,
36 according to the Colorado state university's Colorado water institute, is
37 the most severe drought in the southwestern United States since the year
38 800;
39 (b) The drought has affected every part of Colorado, and
40 agricultural operations throughout the state have been negatively
41 impacted due to reduced water supply for irrigation;
42 (c) In the years 2020 and 2021, the historically dry conditions led
43 to the four most destructive wildfires in recorded state history; and
44 (d) Compared to twentieth century levels, the flow of the
45 Colorado river has declined twenty percent since the year 2000.
46 (2) The general assembly further finds and determines that:
47 (a) One way to conserve water is by increasing the recycling of
48 produced water in oil and gas operations;
49 (b) To reduce the use of fresh water and increase the recycling of
50 produced water in oil and gas operations, the Colorado oil and gas
51 conservation commission, referred to in this section as the "commission",
52 should ensure that it collects robust data regarding the existing use,
53 recycling, and disposal of water in oil and gas operations;
54 (c) New rules adopted by the commission will also assist in the
55 reduction of fresh water use and concomitant increase in produced water
56 recycling; and
1 (d) A produced water consortium, consisting of individuals with
2 expertise in produced water, environmental impacts, environmental
3 justice concerns, and community perspectives, would be helpful for
4 sorting through the issues related to water use in oil and gas operations,
5 with the primary goal of the consortium being to reduce the use of fresh
6 water and increase the recycling of produced water in oil and gas
7 operations.
8 (3) Therefore, the general assembly declares that:
9 (a) The collection of oil and gas operations' water use data is
10 intended to assist stakeholders, the commission, and the public to
11 determine the best solutions for reducing the use of fresh water and
12 increasing the recycling of produced water in oil and gas operations;
13 (b) The commission should adopt new rules to require a rapid and
14 substantial reduction of the use of fresh water and the increase in the
15 recycling of produced water in oil and gas operations; and
16 (c) To assist the commission and the public, a produced water
17 consortium should be appointed and should proceed in a collaborative
18 manner, with efforts to achieve consensus among consortium members
19 whenever possible. The consortium is intended to be an informational
20 resource for the commission and the public and is not intended to be a
21 party participant in any commission rule-making proceedings.
22 SECTION 2. In Colorado Revised Statutes, add 34-60-134 and".
23
24 Renumber succeeding section accordingly.
25
26 Amendment No. 4, by Boesenecker:
27
28 Amend the Energy and Environment Committee Report, dated March 23,
29 2023, page 4, line 28, strike "MARCH 31, 2025," and substitute "APRIL 1,
30 2025,".
31
32 Page 5, strike lines 14 through 18 and substitute "PRODUCED WATER
33 CONSORTIUM TO MAKE RECOMMENDATIONS THAT ARE PROTECTIVE OF
34 PUBLIC HEALTH, SAFETY, AND WELFARE; THE ENVIRONMENT; AND
35 WILDLIFE WITH REGARD TO:
36 (I) AN INFORMED PATH FOR THE RECYCLING AND REUSE OF
37 PRODUCED WATER WITHIN, AND POTENTIALLY OUTSIDE OF, OIL AND GAS
38 OPERATIONS IN THE STATE; AND
39 (II) MEASURES TO ADDRESS BARRIERS ASSOCIATED WITH THE
40 UTILIZATION OF PRODUCED WATER.".
41
42 Page 6, line 40, strike "HOURLY" and substitute "ADDITIONAL".
43
44 Page 7, line 15, strike "APRIL 15," and substitute "MAY 1,".
45
46 Page 7, line 18, strike "APRIL 15," and substitute "SEPTEMBER 1,".
47
48 Page 7, strike lines 20 through 24 and substitute:
49
50 "(III) ON OR BEFORE NOVEMBER 1, 2024, ANY LEGISLATION OR
51 AGENCY RULES NEEDED TO REMOVE BARRIERS TO THE SAFE RECYCLING
52 AND REUSE OF PRODUCED WATER IN THE STATE, TAKING INTO
53 CONSIDERATION:
54 (A) ENVIRONMENTAL JUSTICE ISSUES;".
55
56
1 Reletter succeeding sub-subparagraphs accordingly.
2
3 Page 7, line 32, strike "STORAGE;" and substitute "STORAGE AND ANY
4 OTHER DEFICIENCIES IN THE TREATMENT OF PRODUCED WATER;".
5
6 Page 7, line 35, strike "AND SPECIFICALLY INFRASTRUCTURE AND
7 STORAGE FOR" and substitute "SPECIFICALLY".
8
9 Page 7, line 37, strike "DECEMBER 31," and substitute "DECEMBER 1,".
10
11 Page 7, line 42, strike "JANUARY 1," and substitute "MARCH 1,".
12
13 Page 8, line 3, strike "MARCH 1," and substitute "JULY 1,".
14
15 Page 8, line 9, strike "MARCH 1," and substitute "AUGUST 1,".
16
17 Page 8, line 14, strike "APRIL 15," and substitute "SEPTEMBER 1,".
18
19 Page 8, line 24, strike "BEGINNING" and substitute "ON OR BEFORE APRIL
20 1, 2024,".
21
22 Amendment No. 5, by Representative Boesenecker:
23
24 Amend the Energy and Environment Committee Report, dated March 23,
25 2023, page 5, line 31, strike "A" and substitute "EXCEPT AS PROVIDED IN
26 SUBSECTION (3)(a)(IV) OF THIS SECTION, A".
27
28 Page 5, line 37, after "BODY" insert "AND MEMBERS".
29
30 Page 6, line 1, strike "TWENTY-SIX" and substitute "TWENTY-TWO".
31
32 Page 6, line 15, strike "GOVERNMENT;" and substitute "GOVERNMENT,
33 WHO SHALL BE APPOINTED WITH CONSIDERATION OF THE NEED FOR
34 GEOGRAPHIC REPRESENTATION OF AREAS OF THE STATE THAT HAVE
35 CURRENT OR ANTICIPATED RECYCLED OR REUSED PRODUCED WATER;
36 AND".
37
38 Page 6, strike lines 17 through 22 and substitute "PRODUCED WATER.
39 (IV) THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
40 HOUSE OF REPRESENTATIVES SHALL APPOINT SIX MEMBERS OF THE
41 CONSORTIUM AS FOLLOWS:
42 (A) THREE MEMBERS, EACH FROM A NONPROFIT ORGANIZATION IN
43 THE STATE THAT WORKS ON AND ADVOCATES FOR POLICIES RELATED TO
44 ENVIRONMENTAL JUSTICE AND CONSERVATION, TWO OF WHOM ARE
45 APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM IS
46 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND
47 (B) THREE MEMBERS, EACH FROM A NONPROFIT ORGANIZATION IN
48 THE STATE THAT WORKS WITH AND ADVOCATES FOR DISPROPORTIONATELY
49 IMPACTED COMMUNITIES AND COMMUNITIES OF COLOR, ONE OF WHOM IS
50 APPOINTED BY THE PRESIDENT OF THE SENATE AND TWO OF WHOM ARE
51 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.".
52
53 Page 6, line 25, after "(3)(a)(III)" insert "OR (3)(a)(IV)".
54
55
1 Amendment No. 6, by Representative Boesenecker:
2
3 Amend the Energy and Environment Committee Report, dated March 23,
4 2023, page 3, line 27, after the period add "THE RULES MUST NOT APPLY
5 TO ACTIVITIES OCCURRING WITHIN THE EXTERIOR BOUNDARIES OF AN
6 INDIAN RESERVATION LOCATED WITHIN THE STATE.".
7
8 Page 5, after line 18 insert:
9
10 "(b) THE CONSORTIUM HAS NO ROLE WITHIN THE EXTERIOR
11 BOUNDARIES OF AN INDIAN RESERVATION LOCATED WITHIN THE STATE.".
12
13 Reletter succeeding paragraph accordingly.
14
15 Page 5, strike line 29 and substitute:
16
17 "(VI) AFFECTED INDUSTRIES;
18 (VII) ENVIRONMENTAL JUSTICE ORGANIZATIONS;
19 (VIII) DISPROPORTIONATELY IMPACTED COMMUNITY MEMBERS;
20 AND".
21
22 Renumber succeeding subparagraph accordingly.
23
24 Page 8, after line 36 insert:
25
26 "(6) (a) REPORTS AND ANALYSES THAT THE CONSORTIUM
27 PROVIDES TO BOTH STATE AGENCIES AND THE GENERAL ASSEMBLY MUST
28 BE INCLUSIVE OF ALL OF THE OPINIONS OF MEMBERS OF THE CONSORTIUM
29 ON THE REPORTED TOPICS.
30 (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
31 EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR'S DESIGNEE SHALL
32 INCLUDE IN THE ANNUAL "SMART ACT" DEPARTMENTAL PRESENTATION,
33 MADE TO A JOINT COMMITTEE OF THE GENERAL ASSEMBLY, PURSUANT TO
34 SECTION 2-7-203 (2) A SUMMARY OF THE CONSORTIUM'S WORK, INCLUDING
35 THE CONSORTIUM'S RECOMMENDATIONS MADE TO THE COMMISSION AND
36 REPORTS PREPARED PURSUANT TO THIS SECTION.".
37
38 Amendment No. 7, by Representative Pugliese:
39
40 Amend the Energy and Environment Committee Report, dated March 23,
41 2023, page 6, lines 12 and 13, strike "INDUSTRIES ASSOCIATED WITH
42 PRODUCED WATER;" and substitute "THE OIL AND GAS INDUSTRY, WITH
43 ONE MEMBER APPOINTED FROM EACH OF THE FOLLOWING BASINS: THE
44 DENVER-JULESBURG OIL AND GAS BASIN; THE PICEANCE OIL AND GAS
45 BASIN; THE SAN JUAN OIL AND GAS BASIN; AND THE RATON OIL AND GAS
46 BASIN;".
47
48 Amendment No. 8, by Representative Wilson:
49
50 Amend the Energy and Environment Committee Report, dated March 23,
51 2023, page 2, lines 22 and 23, strike "SOURCE OF ALL FRESH WATER
52 PURCHASED OR OTHERWISE ACQUIRED" and substitute "WHETHER THE
53 FRESH WATER WAS ACQUIRED FROM INDUSTRIAL, COMMERCIAL,
54 MUNICIPAL, OR AGRICULTURAL WATER SOURCES".
55
56
1 Amendment No. 9, by Representative Winter:
2
3 Amend the Energy and Environment Committee Report, dated March 23,
4 2023, page 4, strike lines 15 through 20 and substitute:
5
6 "(B) ESTABLISH, BASED ON RECOMMENDATIONS OF THE
7 CONSORTIUM, AN ITERATIVE AND CONSISTENT SCHEDULE OF DATES THAT
8 WILL SIGNIFICANTLY INCREASE THE USAGE OF RECYCLED OR REUSED
9 PRODUCED WATER AND DECREASE THE AMOUNT OF FRESH WATER
10 UTILIZED IN OIL AND GAS OPERATIONS IN THE STATE, WHILE ENSURING THE
11 PROTECTION OF PUBLIC HEALTH, SAFETY, AND WELFARE; THE
12 ENVIRONMENT; AND WILDLIFE RESOURCES. THE CONSORTIUM SHALL
13 REVIEW THE DATES ANNUALLY TO ENSURE THAT THE DATES CONTINUE TO
14 REPRESENT SIGNIFICANT ADVANCEMENT OF THE GOALS OF THIS SECTION,
15 TAKING INTO CONSIDERATION POPULATION DYNAMICS, IMPROVEMENTS IN
16 TECHNOLOGY, RESEARCH, BEST MANAGEMENT PRACTICES, AND
17 INFRASTRUCTURE DEVELOPMENT AROUND PRODUCED WATER.".
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20
Senate Journal, May 1
After consideration on the merits, the Committee recommends that HB23-1242 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, line 9, after "WELL AND" insert "THE VOLUME,
EXPRESSED IN BARRELS, OF THE PRODUCED WATER".
Page 7, line 19, strike "JULY 1," and substitute "DECEMBER 31,".
Page 9, line 27, strike "definitions." and substitute "definitions - review of
functions - repeal.".
Page 12, line 8, strike "AGENCY" and substitute "AGENCY, OTHER THAN A
COMMISSIONER OF THE COMMISSION,".
Page 12, line 11, strike "ENVIRONMENT;" and substitute "ENVIRONMENT. A
STAFF PERSON FOR THE COMMISSION MAY BE APPOINTED PURSUANT TO THIS
SUBSECTION (3)(a)(III)(A).".
Page 12, line 15, before "NONGOVERNMENTAL" insert "ENVIRONMENTAL".
Page 13, line 6, strike "NONPROFIT" and substitute "NONGOVERNMENTAL".
Page 13, line 11, after "EACH" insert "OF WHOM MUST BE", and strike
"NONPROFIT" and substitute "NONGOVERNMENTAL".
Page 13, line 13, strike "COLOR," and substitute "COLOR OR MUST RESIDE IN A
DISPROPORTIONATELY IMPACTED COMMUNITY,".
Page 15, line 24, after "WATER;" add "EXCEPT THAT THE CONSORTIUM SHALL
NOT PARTICIPATE AS A PARTY IN ANY RULE-MAKING PROCEEDING;".
Page 17, after line 20 insert:
"(7) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.
BEFORE THE REPEAL, THIS SECTION IS SCHEDULED FOR REVIEW IN ACCORDANCE
WITH SECTION 24-34-104.
SECTION 3. In Colorado Revised Statutes, 24-34-104, add
(31)(a)(VIII) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (31) (a) The following agencies, functions, or both, are
scheduled for repeal on September 1, 2030:
(VIII) THE COLORADO PRODUCED WATER CONSORTIUM CREATED IN
SECTION 34-60-135 (2)(a).".
Renumber succeeding sections accordingly.
Senate Journal, May 3
HB23-1242 by Representative(s) Boesenecker and Joseph; also Senator(s) Cutter--Concerning water
used in oil and gas operations, and, in connection therewith, making an appropriation.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, May 1, page(s) 1252-1253 and placed in members' bill files.)
Amendment No. 2(L.018), by Senators Cutter and Priola.
Amend reengrossed bill, page 13, line 20, strike "(I)".
Page 13, strike lines 25 through 27.
Page 14, strike lines 1 through 9 and substitute:
"(d) (I) MEMBERS SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY
EXPENSES INCURRED WHILE PERFORMING OFFICIAL DUTIES, TOGETHER WITH
MILEAGE, AT THE RATE AT WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE
REIMBURSED PURSUANT TO SECTION 2-2-317. ALL CONSORTIUM MEMBERS ARE
ENTITLED TO RECEIVE FIFTY DOLLARS FOR EACH MEETING ATTENDED DURING
THE 2023-24 STATE FISCAL YEAR; EXCEPT THAT MEMBERS WHO ARE APPOINTED
UNDER SUBSECTION (3)(a)(IV)(B) OF THIS SECTION AND RESIDE IN A
DISPROPORTIONATELY IMPACTED COMMUNITY ARE ELIGIBLE TO RECEIVE AN
ADDITIONAL ONE HUNDRED FIFTY DOLLARS FOR EACH MEETING ATTENDED
DURING THE 2023-24 STATE FISCAL YEAR.
(II) A MEMBER OF THE CONSORTIUM WHO, AS PART OF THE MEMBER'S
TYPICALLY ASSIGNED, REGULAR JOB DUTIES, RECEIVES PROFESSIONAL
COMPENSATION FOR THE MEMBER'S PARTICIPATION IN A CONSORTIUM MEETING
IS NOT ELIGIBLE FOR THE ADDITIONAL PER DIEM FOR REPRESENTATIVES OF A
DISPROPORTIONATELY IMPACTED COMMUNITY PURSUANT TO SUBSECTION
(3)(d)(I) OF THIS SECTION.
(III) THE DIRECTOR OF THE CONSORTIUM HIRED PURSUANT TO
SUBSECTION (3)(e) OF THIS SECTION SHALL ANNUALLY ADJUST THE PER DIEM
AMOUNTS SET FORTH IN SUBSECTION (3)(d)(I) OF THIS SECTION BASED ON THE
ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR'S
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY ALL URBAN CONSUMERS,
OR ITS SUCCESSOR INDEX.
(IV) THE DIRECTOR OF THE CONSORTIUM SHALL DETERMINE THE FORM
AND MANNER BY WHICH A CONSORTIUM MEMBER MAY REQUEST EXPENSE
REIMBURSEMENT, MILEAGE REIMBURSEMENT, OR A PER DIEM ALLOWANCE.".
Reletter succeeding paragraph accordingly.
As amended, ordered revised and placed on the calendar for third reading and final
passage.