Amendments for SB23-285
Senate Journal, April 19
Amend printed bill, page 5, after line 11 insert:
"SECTION 3. In Colorado Revised Statutes, 34-60-106, amend (7)(a);
and add (22) as follows:
34-60-106. Additional powers of commission - rules - definitions -
repeal. (7) (a) The commission may establish, charge, and collect docket fees
for the filing of applications, petitions, protests, responses, and other pleadings.
All fees shall be deposited in the oil and gas conservation and environmental
response ENERGY AND CARBON MANAGEMENT CASH fund established by section
34-60-122 CREATED IN SECTION 34-60-122 (5) and are subject to appropriations
by the general assembly for the purposes of this article 60.
(22) THE COMMISSION SHALL CREATE AND MAINTAIN A WEBSITE THAT
SERVES AS THE STATE PORTAL FOR INFORMATION AND DATA REGARDING THE
COMMISSION'S REGULATORY ACTIVITIES.".
Renumber succeeding sections accordingly.
Page 6, line 12, strike "(I)".
Page 6, strike lines 17 through 25.
Page 10, after line 20 insert:
"(11) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.".
Renumber succeeding subsections accordingly.
Page 11, line 9, strike "(4)" and substitute "(4); and add (5)".
Page 11, after line 21 insert:
"(5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, GEOTHERMAL RESOURCES ASSOCIATED WITH NONTRIBUTARY
GROUNDWATER SHALL NOT BE TRANSFERRED SEPARATELY FROM THE
NONTRIBUTARY GROUNDWATER.".
Page 12, lines 4 and 5, strike "THE OWNER OR OPERATOR OF THE WELL SHALL
OBTAIN AN OPERATIONS PERMIT" and substitute "AN OPERATIONS PERMIT MUST
BE OBTAINED".
Page 15, strike lines 5 and 6 and substitute "RESOURCES CONSISTENT WITH THE
REQUIREMENTS DESCRIBED IN SECTION 37-90-137.".
Page 15, line 9, strike "IN ACCORDANCE WITH SECTION 37-90-137 (4)" and
substitute "CONSISTENT WITH THE REQUIREMENTS DESCRIBED IN SECTION
37-90-137".
Page 15, strike line 12 and substitute "DETERMINATION MUST RELY ON THE
DEFINITION OF NONTRIBUTARY GROUNDWATER PURSUANT TO SECTION
37-90-103 (10.5) AS DETERMINED BY:".
Page 16, strike lines 2 through 4 and substitute "obtained from the state
engineer. This requirement shall not apply to Nondiversionary utilization
methods DO NOT REQUIRE A USE PERMIT PURSUANT TO SUBSECTION (1) OF THIS
SECTION BUT ARE SUBJECT TO THE RULES ADOPTED PURSUANT TO SECTION
37-90.5-106 (1)(a)(I) AND (1)(b)(I); however, such exemption".
Page 16, line 10, strike "OPERATIONS." and substitute "OPERATIONS USING
ALLOCATED GEOTHERMAL RESOURCES.".
Page 16, line 24, after "RESOURCE" insert "ASSOCIATED WITH TRIBUTARY
GROUNDWATER".
Page 21, line 4, strike "IMPACTS;" and substitute "IMPACTS, INCLUDING
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS;".
Page 22, line 5, strike "(1.5)" and substitute "(1.3), (1.5),".
Page 22, after line 10 insert:
"(1.3) "LOCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY
COUNTY, MUNICIPALITY, OR CITY AND COUNTY.".
Page 24, after line 26 insert:
"(5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY, NOTHING IN THIS SECTION ESTABLISHES, ALTERS, IMPAIRS, OR
NEGATES THE ABILITY OF A LOCAL GOVERNMENT TO REGULATE LAND USE
RELATED TO INTRASTATE UNDERGROUND NATURAL GAS STORAGE FACILITIES.".
Page 28, line 3, strike "(1)(g) and (4)(d)" and substitute "(1)(g), (4)(d), and
(4)(e)".
Page 29, line 3, strike "AND".
Page 29, line 5, strike "37-90.5-110." and substitute "37-90.5-110;".
Page 29, after line 6 insert:
"(e) TO CREATE AND MAINTAIN THE WEBSITE DESCRIBED IN SECTION
34-60-106 (22).".
Page 41, strike lines 7 through 16.
Renumber succeeding sections accordingly.
Page 43, line 16, strike "chief inspector of coal mines." and substitute "COAL
MINING REGULATORY AUTHORITY.".
Strike "RIGHTS," on: Page 14, lines 5, 9, 17, and 24.
Senate Journal, April 24
Amend printed bill, page 47, after line 4 insert:
"SECTION 43. Appropriation. (1) For the 2023-24 state fiscal year,
$1,200,480 is appropriated to the department of natural resources. This
appropriation is from the energy and carbon management cash fund created in
section 34-60-122 (5)(a), C.R.S. To implement this act, the department may use
this appropriation as follows:
(a) $1,108,857 for use by the energy and carbon management
commission for program costs, which amount is based on an assumption that
the commission will require an additional 7.0 FTE;
(b) $7,031 for use by the division of water resources for water
administration related to division operations; and
(c) $84,592 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $7,031 is appropriated to the
department of natural resources for use by the division of water resources. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1)(b) of this section. To implement this act,
the division may use this appropriation for water administration related to
division operations.
(3) For the 2023-24 state fiscal year, $84,592 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of natural resources under subsection (1)(c) of this section
and is based on an assumption that the department of law will require an
additional 0.4 FTE. To implement this act, the department of law may use this
appropriation to provide legal services for the department of natural resources.".
Renumber succeeding sections accordingly.
Page 1, line 104, strike "COMMISSION AND" and substitute "COMMISSION,".
Page 1, line 108, strike "FACILITIES." and substitute "FACILITIES, AND MAKING
AN APPROPRIATION.".
Senate Journal, April 24
Amend printed bill, page 4, strike line 3 and substitute "(1); and add (6) as
follows:".
Page 4, after line 8 insert:
"(6) THE REVISOR OF STATUTES IS AUTHORIZED TO CHANGE ALL
REFERENCES TO THE OIL AND GAS CONSERVATION COMMISSION THAT APPEAR IN
THE COLORADO REVISED STATUTES TO THE ENERGY AND CARBON
MANAGEMENT COMMISSION.".
Page 4, line 10, strike "(5)(a)" and substitute "(5)(a); and add (5)(d)".
Page 5, after line 11 insert:
"(d) THE REVISOR OF STATUTES IS AUTHORIZED TO CHANGE ALL
REFERENCES TO THE OIL AND GAS CONSERVATION AND ENVIRONMENTAL
RESPONSE FUND THAT APPEAR IN THE COLORADO REVISED STATUTES TO THE
ENERGY AND CARBON MANAGEMENT CASH FUND.".
Amendment No. 4(L.006), by Senator Hansen.
Amend printed bill, page 30, line 15, after "OTHER" insert "UNDERGROUND".
Amendment No. 5(L.007), by Senator Simpson.
Amend printed bill, page 7, strike line 25 and substitute "(1)(a) and (1)(b); and
repeal (1)(c) as follows:".
Page 7, after line 27 insert:
"(a) The development of geothermal resources is in the public interest
because it enhances local economies and provides an alternative to conventional
fuel sources; AND"
Page 8, line 5, strike "RIGHTS; AND" and substitute "RIGHTS.
(c) While the doctrine of prior appropriation is, and always has been,
expressly recognized with respect to geothermal resources, such doctrine should
be modified to permit the full economic development of the resource.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 2
39 SB23-285 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 14, line 3, after "(b)" insert "(I)".
44
45 Page 14, line 6, strike "(I)" and substitute "(A)".
46
47 Page 14, line 10, strike "(II)" and substitute "(B)".
48
49 Page 14, after line 12 insert:
50
51 "(II) UPON REQUEST BY A LOCAL GOVERNMENT, THE COMMISSION
52 SHALL PROVIDE TECHNICAL SUPPORT TO THE LOCAL GOVERNMENT
53 CONCERNING THE IMPLEMENTATION OF THE COMMISSION'S RULES
54 PURSUANT TO THIS SECTION OR THE IMPLEMENTATION BY THE LOCAL
55 GOVERNMENT OF THE COMMISSION'S RULES.".
56
1 Page 22, line 11, strike "IMPACTS;" and substitute "IMPACTS, AND A
2 CONSIDERATION OF:
3 (A) POTENTIAL IMPACTS TO OZONE NONATTAINMENT AREAS FROM
4 THE DEVELOPMENT OF GEOTHERMAL RESOURCES; AND
5 (B) POTENTIAL OZONE MITIGATION MEASURES.".
6
7 Page 23, line 12, strike "and (3.5)" and substitute "(3.5), and (3.7)".
8
9 Page 24, after line 14 insert:
10
11 "(3.7) "UNDERGROUND NATURAL GAS STORAGE FACILITY
12 IMPACTS" MEANS, FOR AN UNDERGROUND NATURAL GAS STORAGE
13 FACILITY PROPOSED TO BE SITED IN AN AREA THAT WOULD AFFECT A
14 DISPROPORTIONATELY IMPACTED COMMUNITY, THE EFFECT ON PUBLIC
15 HEALTH AND THE ENVIRONMENT, INCLUDING AIR, WATER, SOIL, AND THE
16 CLIMATE, CAUSED BY THE INCREMENTAL IMPACTS THAT A PROPOSED NEW
17 UNDERGROUND NATURAL GAS STORAGE FACILITY WOULD HAVE WHEN
18 ADDED TO THE IMPACTS FROM DEVELOPMENT IN THE AFFECTED AREA.".
19
20 Page 25, strike lines 16 and 17.
21
22 Reletter succeeding paragraph accordingly.
23
24 Page 25, line 21, strike "RULE." and substitute "RULE;
25 (c) SHALL, IF AN UNDERGROUND NATURAL GAS STORAGE FACILITY
26 IS PROPOSED TO BE SITED IN AN AREA THAT WOULD AFFECT A
27 DISPROPORTIONATELY IMPACTED COMMUNITY, EVALUATE AND ADDRESS
28 ANY UNDERGROUND NATURAL GAS STORAGE FACILITY IMPACTS FROM THE
29 PROPOSAL TO ENSURE THAT THE TERMS AND CONDITIONS OF ANY PERMIT
30 ISSUED UNDER THIS SECTION ARE SUFFICIENT TO ENSURE THAT ANY
31 UNDERGROUND NATURAL GAS STORAGE FACILITY IMPACTS ARE AVOIDED,
32 MINIMIZED TO THE EXTENT PRACTICABLE, OR, TO THE EXTENT THAT ANY
33 UNDERGROUND NATURAL GAS STORAGE FACILITY IMPACTS REMAIN, THE
34 REMAINING UNDERGROUND NATURAL GAS STORAGE FACILITY IMPACTS
35 ARE MITIGATED; AND
36 (d) SHALL, IF ANY UNDERGROUND NATURAL GAS STORAGE
37 FACILITY IMPACTS ARE EVALUATED AND ADDRESSED PURSUANT TO
38 SUBSECTION (2)(c) OF THIS SECTION, PROVIDE A PLAIN LANGUAGE
39 SUMMARY OF HOW THE UNDERGROUND NATURAL GAS STORAGE FACILITY
40 IMPACTS ARE AVOIDED, MINIMIZED IF NOT AVOIDED, MITIGATED IF NOT
41 MINIMIZED, AND ANY UNDERGROUND NATURAL GAS STORAGE FACILITY
42 IMPACTS THAT CANNOT BE AVOIDED, MINIMIZED, OR MITIGATED.".
43
44 Page 32, line 10, strike "AND".
45
46 Page 32, line 12, strike "(2)(b)(II)." and substitute "(2)(b)(II); AND
47 (c) CONSIDER ANY POTENTIAL CUMULATIVE IMPACTS, INCLUDING
48 IMPACTS ON AIR, WATER, SOIL, AND THE CLIMATE, ASSOCIATED WITH THE
49 DEVELOPMENT OF THE STATE'S HYDROGEN RESOURCES.".
50
51 Page 33, line 6, strike "AND".
52
53 Page 33, line 8, strike "(2)(b)(II)." and substitute "(2)(b)(II); AND
54 (c) CONSIDER ANY POTENTIAL CUMULATIVE IMPACTS ARISING OUT
55 OF THE USE AND SITING OF PIPELINES FOR CURRENT AND EMERGING
56 TECHNOLOGIES.".
House Journal, May 3
7 Amendment No. 1, Appropriations Report, dated May 2, 2023, and placed
8 in member's bill file; Report also printed in House Journal, May 2, 2023.
9
10 Amendment No. 2, by Representative McCormick:
11
12 Amend reengrossed bill, page 29, line 11, after "WELLS" insert "FOR DEEP
13 GEOTHERMAL OPERATIONS, AS DEFINED IN SECTION 37-90.5-103 (3),".
14
15 Amendment No. 3, by Representative McCormick:
16
17 Amend reengrossed bill, page 28, line 11, after "INTRASTATE" insert
18 "UNDERGROUND".
19
20 Page 28, strike lines 20 and 21 and substitute "the environment by
21 avoiding adverse impacts from oil and gas operations, AS DEFINED IN
22 SECTION 34-60-103 (6.5), DEEP GEOTHERMAL OPERATIONS, AS DEFINED IN
23 SECTION 37-90.5-103 (3), AND INTRASTATE UNDERGROUND NATURAL GAS
24 STORAGE FACILITIES, AS DEFINED IN SECTION 34-64-102 (3.5), and
25 minimizing and".
26
27 Page 28, strike lines 24 through 26 and substitute:
28
29 "(II) The location and siting of oil and gas facilities and oil and
30 gas locations, as those terms are defined in section 34-60-103 (6.2) and
31 (6.4); DEEP GEOTHERMAL OPERATIONS, AS DEFINED IN SECTION
32 37-90.5-103 (3); AND INTRASTATE UNDERGROUND NATURAL GAS STORAGE
33 FACILITIES, AS DEFINED IN SECTION 34-64-102 (3.5);".
34
35 Amendment No. 4, by Representative Dickson:
36
37 Amend reengrossed bill, page 27, line 15, strike "(6)(b)(IX)" and
38 substitute "(6)(b)(IX); and add (6)(b)(X)".
39
40 Page 27, line 27, strike "APPLICABLE." and substitute "APPLICABLE; AND
41 "(X) EXPLORATION AND PRODUCTION WASTE, AS DEFINED IN
42 SECTION 34-60-103 (4.5).".
43
44 Amendment No. 5, by Representative Dickson:
45
46 Amend reengrossed bill, page 22, after line 24 insert:
47
48 "(c) THE COMMISSION SHALL PRESENT THE REPORT DESCRIBED IN
49 SUBSECTION (2)(b)(I) OF THIS SECTION TO THE ENERGY AND ENVIRONMENT
50 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
51 TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE, OR ANY
52 SUCCESSOR COMMITTEES, DURING THE 2025 LEGISLATIVE SESSION.".
53
54
1 Amendment No. 6, by Representative Dickson:
2
3 Amend reengrossed bill, page 32, after line 21 insert:
4
5 "(4) THE COMMISSION SHALL PRESENT THE REPORT DESCRIBED IN
6 SUBSECTION (3)(a) OF THIS SECTION TO THE ENERGY AND ENVIRONMENT
7 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
8 TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE, OR ANY
9 SUCCESSOR COMMITTEES, DURING THE 2025 LEGISLATIVE SESSION.".
10
11 Renumber succeeding subsection accordingly.
12
13 Amendment No. 7, by Representative Dickson:
14
15 Amend reengrossed bill, page 33, after line 19 insert:
16
17 "(4) THE COMMISSION SHALL PRESENT THE REPORT DESCRIBED IN
18 SUBSECTION (3)(a) OF THIS SECTION TO THE ENERGY AND ENVIRONMENT
19 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
20 TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE, OR ANY
21 SUCCESSOR COMMITTEES, DURING THE 2025 LEGISLATIVE SESSION.".
22
23 Renumber succeeding subsection accordingly.
24
25 As amended, ordered revised and placed on the Calendar for Third
26 Reading and Final Passage.
27