Colorado 2024 Regular Session

Colorado House Bill HB1346 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0904.01 Sarah Lozano x3858
1	8		HOUSE BILL 24-1346
2		-	BY REPRESENTATIVE(S) Titone and McCormick, Bacon, Bird,
3		-	Boesenecker, Herod, Jodeh, Kipp, Lindsay, Mabrey, Parenti, Rutinel,
4		-	Willford, Amabile, English, Garcia, Hamrick, Ortiz, Ricks, Vigil;
5		-	also SENATOR(S) Hansen and Priola, Bridges, Buckner, Cutter, Exum,
6		-	Gonzales, Jaquez Lewis, Michaelson Jenet, Simpson, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Agriculture & Natural Resources
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING ENERGY AND CARBON M ANAGEMENT REGULATION IN
9		-	COLORADO, AND, IN CONNECTION THEREWITH , BROADENING THE
10		-	ENERGY AND CARBON MANAGEMENT COMMISSION
11		-	'S REGULATORY
12		-	AUTHORITY TO INCLUDE REGULATION OF GEOLOGIC STORAGE
13		-	OPERATIONS
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 34-60-102, add (3) as
18		-	follows:
	13	+	ONCERNING ENERGY AND CARBON MANAGEMENT REGULATION IN101
	14	+	C
	15	+	OLORADO, AND, IN CONNECTION THEREWITH , BROADENING102
	16	+	THE ENERGY AND CARBON MANAGEMENT COMMISSION 'S103
	17	+	REGULATORY AUTHORITY TO I NCLUDE REGULATION OF
	18	+	104
	19	+	GEOLOGIC STORAGE OPERATIONS .105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill expands the authority of the energy and carbon
	28	+	management commission (commission) to include the regulation of:
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 30, 2024
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	April 29, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 17, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 16, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Titone and McCormick, Bacon, Bird, Boesenecker, Herod, Jodeh, Kipp, Lindsay, Mabrey,
	43	+	Parenti, Rutinel, Willford
	44	+	SENATE SPONSORSHIP
	45	+	Hansen and Priola, Bridges, Buckner, Cutter, Exum, Fenberg, Gonzales, Jaquez Lewis,
	46	+	Michaelson Jenet, Simpson
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. ! Facilities that use equipment to capture a significant
	50	+	quantity of carbon dioxide directly from the ambient air
	51	+	(direct air capture facility); and
	52	+	! Activities performed for the purpose of engaging in the
	53	+	injection and underground sequestration of carbon dioxide
	54	+	in pore space (geologic storage operations).
	55	+	The commission may:
	56	+	! Reimpose any regulatory responsibility or financial
	57	+	assurance obligation imposed on a person that exercises the
	58	+	right to control the conduct of geologic storage operations
	59	+	(geologic storage operator) if the geologic storage operator
	60	+	makes a material misrepresentation or omission that causes
	61	+	the commission to approve a site closure; and
	62	+	! Assess and collect regulatory and permitting fees from
	63	+	geologic storage operators.
	64	+	The bill also allows the commission to hire and designate
	65	+	employees of the commission as administrative law judges who have the
	66	+	authority to administer proceedings on behalf of the commission.
	67	+	Current law provides a statute of limitations of one year after the
	68	+	date of an alleged violation of energy and carbon management laws
	69	+	(violation). The bill changes this statute of limitations to 3 years after the
	70	+	discovery of the alleged violation and provides that the 3-year statute of
	71	+	limitations period does not apply if information regarding the alleged
	72	+	violation is knowingly or willfully concealed by the alleged violator.
	73	+	The bill also expands the following energy and carbon
	74	+	management law areas to include geologic storage operations and direct
	75	+	air capture facilities:
	76	+	! Enforcement and civil penalty procedures;
	77	+	! Use of the energy and carbon management cash fund by the
	78	+	commission;
	79	+	! Mitigation of adverse environmental impacts by the
	80	+	commission or an operator; and
	81	+	! State agency and local government authority over oil and
	82	+	gas development.
	83	+	The commission is required to adopt rules related to the permitting
	84	+	and regulation of direct air capture facilities. When reviewing an
	85	+	application for a direct air capture facility, the commission must consider
	86	+	whether a setback of the direct air capture facility from certain areas is
	87	+	necessary and reasonable to protect and minimize adverse impacts to
	88	+	public health, safety, and welfare; the environment; and wildlife
	89	+	resources. The commission may assess and collect permitting and
	90	+	regulatory fees from the operators of direct air capture facilities.
	91	+	The bill also establishes that:
	92	+	! Ownership of a portion of a pore space necessary for
	93	+	geologic storage (sequestration estate) is vested in the
	94	+	1346
	95	+	-2- owner of the overlying surface estate if the sequestration
	96	+	estate has not been separately severed, conveyed, or
	97	+	reserved;
	98	+	! Any conveyance of the ownership of an overlying surface
	99	+	estate also conveys the grantor's ownership of any
	100	+	sequestration estate except in certain circumstances; and
	101	+	! A conveyance of the ownership of a mineral estate does not
	102	+	convey the grantor's ownership in the sequestration estate
	103	+	unless the conveyance instrument provides for the
	104	+	conveyance.
	105	+	Upon application of any interested person, the commission must
	106	+	hold a hearing and enter an order (order) providing for the formation of
	107	+	a unit of one or more geologic storage resources (geologic storage unit)
	108	+	if the commission finds that the geologic storage unit is reasonably
	109	+	necessary to effectuate a geologic storage project. The order must include
	110	+	terms and conditions that are just and reasonable and establish a plan for
	111	+	operations of the geologic storage unit (plan). An order is effective only
	112	+	if the plan has been approved by those persons that collectively own at
	113	+	least 75% of the geologic storage resources included in the geologic
	114	+	storage unit area (required approval) and the commission makes a finding
	115	+	in the order of the required approval.
	116	+	The bill also allows a local government to request that the director
	117	+	of the commission appoint a technical review board to assist a local
	118	+	government in analyzing and answering any technical questions regarding
	119	+	the local government's land use regulations.
	120	+	The bill also requires the department of public health and
	121	+	environment (department) to develop carbon dioxide accounting
	122	+	procedures for geologic storage operations and direct air capture
	123	+	facilities. The commission must compile relevant data to support the
	124	+	carbon dioxide accounting procedures and work collaboratively with the
	125	+	department in implementing the carbon dioxide accounting procedures.
	126	+	The commission and the department must also work collaboratively to
	127	+	address air emissions from direct air capture facilities and geologic
	128	+	storage operations.
	129	+	Be it enacted by the General Assembly of the State of Colorado:1
	130	+	SECTION 1. In Colorado Revised Statutes, 34-60-102, add (3)2
	131	+	as follows:3
19	132		34-60-102. Legislative declaration. (3) I
20		-	T IS FURTHER DECLARED
21		-	TO BE IN THE PUBLIC INTEREST FOR THE COMMISSION TO IMPLEMENT AND
22		-	ADMINISTER A PROGRAM FOR THE PERMITTING AND REGULATION OF
23		-	PERMANENT GEOLOGIC STORAGE OPERATIONS IN A WAY THAT PRIORITIZES
24		-	:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (a) CONTRIBUTIONS TOWARD ACHIEVING THE STATE 'S GREENHOUSE
33		-	GAS EMISSION REDUCTION GOALS
34		-	, AS SET FORTH IN SECTION 25-7-102 (2)(g);
35		-	(b) B
36		-	ENEFITS TO THE STATE AND GLOBAL ENVIRONMENT BY
37		-	REDUCING CARBON DIOXIDE POLLUTION
38		-	;
39		-	(c) O
40		-	PPORTUNITIES TO SUPPORT A JUST TRANSITION AND TO HELP
41		-	RETRAIN WORKERS
42		-	, PARTICULARLY WORKERS PREVIOUSLY EMPLOYED IN THE
43		-	FOSSIL FUEL INDUSTRY
44		-	;
45		-	(d) P
46		-	ROTECTING DISPROPORTIONATELY IMPACTED COMMUNITIES AND
47		-	ADVANCING ENVIRONMENTAL JUSTICE
48		-	; AND
49		-	(e) THE SAFE AND RESPONSIBLE USE OF COLORADO'S ABUNDANT
50		-	NATURAL RESOURCES FOR THE PERMANENT STORAGE OF CARBON DIOXIDE
51		-	.
52		-	SECTION 2. In Colorado Revised Statutes, amend 34-60-103 as
53		-	follows:
54		-	34-60-103. Definitions - rules. As used in this article 60, unless the
55		-	context otherwise requires:
56		-	(1) "And" includes the word "or" and the use of the word "or"
57		-	includes the word "and". The use of the plural includes the singular and the
58		-	use of the singular includes the plural.
59		-	(2) (a) "C
60		-	ARBON DIOXIDE FLOW LINE" MEANS A SEGMENT OF PIPE
61		-	TRANSFERRING INJECTION CARBON DIOXIDE BETWEEN THE WELLHEAD OF A
62		-	CLASS
63		-	VI INJECTION WELL AND A PIPELINE REGULATED BY THE PIPELINE AND
64		-	HAZARDOUS MATERIALS SAFETY ADMINISTRATION OF THE
65		-	UNITED STATES
66		-	DEPARTMENT OF TRANSPORTATION OR THE PUBLIC UTILITIES COMMISSION
67		-	.
	133	+	T IS FURTHER DECLARED4
	134	+	TO BE IN THE PUBLIC INTEREST FOR THE COMMISSION TO IMPLEMENT5
	135	+	1346-3- AND ADMINISTER A PROGRAM FOR THE PERMITTING AND REGULATION OF1
	136	+	PERMANENT GEOLOGIC STORAGE OPERATIONS IN A WAY THAT PRIORITIZES :2
	137	+	(a) CONTRIBUTIONS TOWARD ACHIEVING THE STATE 'S3
	138	+	GREENHOUSE GAS EMISSION REDUCTION GOALS, AS SET FORTH IN SECTION4
	139	+	25-7-102 (2)(g);5
	140	+	(b) BENEFITS TO THE STATE AND GLOBAL ENVIRONMENT BY6
	141	+	REDUCING CARBON DIOXIDE POLLUTION ;7
	142	+	(c) OPPORTUNITIES TO SUPPORT A JUST TRANSITION AND TO HELP8
	143	+	RETRAIN WORKERS, PARTICULARLY WORKERS PREVIOUSLY EMPLOYED IN9
	144	+	THE FOSSIL FUEL INDUSTRY;10
	145	+	(d) PROTECTING DISPROPORTIONATELY IMPACTED COMMUNITIES11
	146	+	AND ADVANCING ENVIRONMENTAL JUSTICE ; AND12
	147	+	(e) THE SAFE AND RESPONSIBLE USE OF COLORADO'S ABUNDANT13
	148	+	NATURAL RESOURCES FOR THE PERMANENT STORAGE OF CARBON DIOXIDE .14
	149	+	SECTION 2. In Colorado Revised Statutes, amend 34-60-103 as15
	150	+	follows:16
	151	+	34-60-103. Definitions - rules. As used in this article 60, unless17
	152	+	the context otherwise requires:18
	153	+	(1) "And" includes the word "or" and the use of the word "or"19
	154	+	includes the word "and". The use of the plural includes the singular and20
	155	+	the use of the singular includes the plural.21
	156	+	22
	157	+	(2) (a) "CARBON DIOXIDE FLOW LINE" MEANS A SEGMENT OF PIPE23
	158	+	TRANSFERRING INJECTION CARBON DIOXIDE BETWEEN THE WELLHEAD OF24
	159	+	A CLASS VI INJECTION WELL AND A PIPELINE REGULATED BY THE PIPELINE25
	160	+	AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OF THE UNITED26
	161	+	S
	162	+	TATES DEPARTMENT OF TRANSPORTATION OR THE PUBLIC UTILITIES27
	163	+	1346
	164	+	-4- COMMISSION.1
68	165		(b) "C
69		-	ARBON DIOXIDE FLOW LINE" DOES NOT INCLUDE PIPELINES
70		-	REGULATED BY THE PIPELINE AND HAZARDOUS MATERIALS SAFETY
71		-	ADMINISTRATION OF THE
72		-	UNITED STATES DEPARTMENT OF TRANSPORTATION
73		-	OR THE PUBLIC UTILITIES COMMISSION
74		-	.
75		-	(3) "C
76		-	LASS VI INJECTION WELL" MEANS A WELL DRILLED PURSUANT
77		-	TO A PERMIT FOR A CLASS
78		-	VI INJECTION WELL ISSUED UNDER THE FEDERAL
79		-	"SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS AMENDED.
80		-	PAGE 2-HOUSE BILL 24-1346 (2) (4) "Commission" means the energy and carbon management
81		-	commission created in section 34-60-104.3 (1).
82		-	(3) (5) "Common source of supply" is synonymous with "pool" as
83		-	defined in this section.
84		-	(4) (6) (a) "Correlative rights" means that each owner and producer
85		-	in a common pool or source of supply of oil and gas shall MUST have an
86		-	equal opportunity to obtain and produce his THE OWNER'S OR PRODUCER'S
87		-	just and equitable share of the oil and gas underlying such THE pool or
88		-	source of supply.
	166	+	ARBON DIOXIDE FLOW LINE" DOES NOT INCLUDE PIPELINES2
	167	+	REGULATED BY THE PIPELINE AND HAZARDOUS MATERIALS SAFETY3
	168	+	ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF4
	169	+	TRANSPORTATION OR THE PUBLIC UTILITIES COMMISSION .5 (3) "CLASS VI INJECTION WELL" MEANS A WELL DRILLED6
	170	+	PURSUANT TO A PERMIT FOR A CLASS VI INJECTION WELL ISSUED UNDER7
	171	+	THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET SEQ.,8
	172	+	AS AMENDED.9
	173	+	(2) (4) "Commission" means the energy and carbon management10
	174	+	commission created in section 34-60-104.3 (1).11
	175	+	(3) (5) "Common source of supply" is synonymous with "pool" as12
	176	+	defined in this section.13
	177	+	(4) (6) (a) "Correlative rights" means that each owner and14
	178	+	producer in a common pool or source of supply of oil and gas shall MUST15
	179	+	have an equal opportunity to obtain and produce his THE OWNER'S OR16
	180	+	PRODUCER'S just and equitable share of the oil and gas underlying such17
	181	+	THE pool or source of supply.18
89	182		(b) A
90		-	S USED IN SECTION 34-60-141, "CORRELATIVE RIGHTS" MEANS
91		-	THAT EACH OWNER OF A SEQUESTRATION ESTATE MUST HAVE AN EQUAL
92		-	OPPORTUNITY TO UTILIZE THE OWNER
93		-	'S JUST AND EQUITABLE SHARE OF THE
94		-	UNDERLYING GEOLOGIC STORAGE RESOURCE
95		-	.
96		-	(7) (a) "C
97		-	UMULATIVE IMPACTS" MEANS THE EFFECTS ON PUBLIC
98		-	HEALTH AND THE ENVIRONMENT
99		-	, INCLUDING THE IMPACTS TO AIR QUALITY,
100		-	WATER QUALITY, CLIMATE, NOISE, ODOR, WILDLIFE, AND BIOLOGICAL
101		-	RESOURCES
102		-	, CAUSED BY THE INCREMENTAL IMPACTS THAT A PROPOSED NEW
103		-	OR AMENDED OPERATION REGULATED BY THE COMMISSION PURSUANT TO
104		-	THIS ARTICLE
105		-	60 WOULD HAVE WHEN ADDED TO THE IMPACTS FROM OTHER
106		-	PAST
107		-	, PRESENT, AND REASONABLY FORESEEABLE FUTURE DEVELOPMENT OF
108		-	ANY TYPE ON THE IMPACT AREA OR ON A DISPROPORTIONATELY IMPACTED
109		-	COMMUNITY
110		-	.
111		-	(b) "C
112		-	UMULATIVE IMPACTS" MAY INCLUDE BOTH ADVERSE AND
113		-	BENEFICIAL ENVIRONMENTAL IMPACTS
114		-	.
115		-	(c) T
116		-	HIS SUBSECTION (7) IS EFFECTIVE ON THE EFFECTIVE DATE OF
117		-	THE RULES ADOPTED PURSUANT TO SECTION
118		-	34-60-106 (11)(d)(I).
119		-	(8) "D
120		-	ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
121		-	MEANING SET FORTH IN SECTION
122		-	24-4-109 (2)(b)(II).
123		-	(4.3)
124		-	(9) "Division of parks and wildlife" means the division of
125		-	parks and wildlife identified in article 9 of title 33. C.R.S.
126		-	(10) "ENERGY AND CARBON MANAGEMENT OPERATIONS " MEANS ALL
127		-	PAGE 3-HOUSE BILL 24-1346 OPERATIONS REGULATED BY THE COMMISSION .
128		-	(11) "E
129		-	NERGY AND CARBON MANAGEMENT OPERATOR " MEANS ANY
130		-	PERSON THAT EXERCISES THE RIGHT TO CONTROL THE CONDUCT OF ENERGY
131		-	AND CARBON MANAGEMENT OPERATIONS
132		-	.
133		-	(4.5)
134		-	(12) "Exploration and production waste" means those wastes
135		-	that are generated during the drilling of and production from oil and gas
136		-	wells; during the drilling of and production from wells for deep geothermal
137		-	operations, as defined in section 37-90.5-103 (3), regulated by the
138		-	commission pursuant to article 90.5 of title 37; or during primary field
139		-	operations and that are exempt from regulation as hazardous wastes under
140		-	Subtitle C of the federal "Resource Conservation and Recovery Act of
141		-	1976", 42 U.S.C. secs. 6901 to 6934, as amended.
142		-	(5)
143		-	(13) "Gas" means all natural gases and all hydrocarbons not
144		-	defined in this section as oil.
145		-	(14) "G
146		-	EOLOGIC STORAGE " MEANS THE INJECTION AND
147		-	UNDERGROUND SEQUESTRATION OF INJECTION CARBON DIOXIDE IN A
148		-	GEOLOGIC STORAGE RESOURCE PURSUANT TO A VALID CLASS
149		-	VI PERMIT
150		-	ISSUED PURSUANT TO THE FEDERAL
151		-	"SAFE DRINKING WATER ACT", 42
	183	+	S USED IN SECTION
	184	+	34-60-141, "CORRELATIVE RIGHTS" MEANS19
	185	+	THAT EACH OWNER OF A SEQUESTRATION ESTATE MUST HAVE AN EQUAL20
	186	+	OPPORTUNITY TO UTILIZE THE OWNER 'S JUST AND EQUITABLE SHARE OF21
	187	+	THE UNDERLYING GEOLOGIC STORAGE RESOURCE .22
	188	+	(7) (a) "CUMULATIVE IMPACTS" MEANS THE EFFECTS ON PUBLIC23
	189	+	HEALTH AND THE ENVIRONMENT , INCLUDING THE IMPACTS TO AIR24
	190	+	QUALITY, WATER QUALITY, CLIMATE, NOISE, ODOR, WILDLIFE, AND25
	191	+	BIOLOGICAL RESOURCES, CAUSED BY THE INCREMENTAL IMPACTS THAT A26
	192	+	PROPOSED NEW OR AMENDED OPERATION REGULATED BY THE COMMISSION27
	193	+	1346
	194	+	-5- PURSUANT TO THIS ARTICLE 60 WOULD HAVE WHEN ADDED TO THE1
	195	+	IMPACTS FROM OTHER PAST, PRESENT, AND REASONABLY FORESEEABLE2
	196	+	FUTURE DEVELOPMENT OF ANY TYPE ON THE IMPACT AREA OR ON A3
	197	+	DISPROPORTIONATELY IMPACTED COMMUNITY .4
	198	+	(b) "CUMULATIVE IMPACTS" MAY INCLUDE BOTH ADVERSE AND5
	199	+	BENEFICIAL ENVIRONMENTAL IMPACTS .6
	200	+	(c) THIS SUBSECTION (7) IS EFFECTIVE ON THE EFFECTIVE DATE OF7
	201	+	THE RULES ADOPTED PURSUANT TO SECTION 34-60-106 (11)(d)(I).8
	202	+	9
	203	+	(8) "DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE10
	204	+	MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).11
	205	+	(4.3) (9) "Division of parks and wildlife" means the division of12
	206	+	parks and wildlife identified in article 9 of title 33. C.R.S.13
	207	+	(10) "ENERGY AND CARBON MANAGEMENT OPERATIONS " MEANS14
	208	+	ALL OPERATIONS REGULATED BY THE COMMISSION .15
	209	+	(11) "ENERGY AND CARBON MANAGEMENT OPERATOR " MEANS16
	210	+	ANY PERSON THAT EXERCISES THE RIGHT TO CONTROL THE CONDUCT OF17
	211	+	ENERGY AND CARBON MANAGEMENT OPERATIONS .18
	212	+	(4.5) (12) "Exploration and production waste" means those wastes19
	213	+	that are generated during the drilling of and production from oil and gas20
	214	+	wells; during the drilling of and production from wells for deep21
	215	+	geothermal operations, as defined in section 37-90.5-103 (3), regulated22
	216	+	by the commission pursuant to article 90.5 of title 37; or during primary23
	217	+	field operations and that are exempt from regulation as hazardous wastes24
	218	+	under Subtitle C of the federal "Resource Conservation and Recovery Act25
	219	+	of 1976", 42 U.S.C. secs. 6901 to 6934, as amended.26
	220	+	(5) (13) "Gas" means all natural gases and all hydrocarbons not27
	221	+	1346
	222	+	-6- defined in this section as oil.1
	223	+	(14) "GEOLOGIC STORAGE" MEANS THE INJECTION AND2
	224	+	UNDERGROUND SEQUESTRATION OF INJECTION CARBON DIOXIDE IN A3
	225	+	GEOLOGIC STORAGE RESOURCE PURSUANT TO A VALID CLASS VI PERMIT4
	226	+	ISSUED PURSUANT TO THE FEDERAL "SAFE DRINKING WATER ACT", 425
152	227		U.S.C.
153		-	SEC. 300f ET SEQ., AS AMENDED.
154		-	(15) (a) "G
155		-	EOLOGIC STORAGE FACILITY" MEANS THE SPECIFIC PART
156		-	OF A GEOLOGIC STORAGE RESOURCE THAT IS UTILIZED FOR GEOLOGIC
157		-	STORAGE
158		-	, TOGETHER WITH THE WELL OR WELLS AND ALL SURFACE
159		-	EQUIPMENT AND DISTURBANCES ASSOCIATED WITH THE GEOLOGIC STORAGE
160		-	OPERATIONS AT THE GEOLOGIC STORAGE LOCATION
161		-	.
	228	+	SEC. 300f ET SEQ., AS AMENDED.6 (15) (a) "GEOLOGIC STORAGE FACILITY" MEANS THE SPECIFIC PART7
	229	+	OF A GEOLOGIC STORAGE RESOURCE THAT IS UTILIZED FOR GEOLOGIC8
	230	+	STORAGE, TOGETHER WITH THE WELL OR WELLS AND ALL SURFACE9
	231	+	EQUIPMENT AND DISTURBANCES ASSOCIATED WITH THE GEOLOGIC10
	232	+	STORAGE OPERATIONS AT THE GEOLOGIC STORAGE LOCATION .11
	233	+	(b) "GEOLOGIC STORAGE FACILITY" DOES NOT INCLUDE PIPELINES12
	234	+	REGULATED BY THE PIPELINE AND HAZARDOUS MATERIALS SAFETY13
	235	+	ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF14
	236	+	TRANSPORTATION OR THE PUBLIC UTILITIES COMMISSION .15
	237	+	(16) "GEOLOGIC STORAGE LOCATION" MEANS A DEFINABLE AREA16
	238	+	WHERE A GEOLOGIC STORAGE OPERATOR USES OR INTENDS TO USE THE17
	239	+	SURFACE OF THE LAND IN ORDER TO OPERATE A GEOLOGIC STORAGE18
	240	+	FACILITY.19
	241	+	(17) "GEOLOGIC STORAGE OPERATIONS " MEANS ACTIVITIES20
	242	+	PERFORMED FOR THE PURPOSE OF ENGAGING IN GEOLOGIC STORAGE IN THE21
	243	+	STATE, INCLUDING:22
	244	+	(a) T
	245	+	HE FOLLOWING ACTIVITIES RELATED TO THE OPERATION OF A23
	246	+	GEOLOGIC STORAGE FACILITY:24
	247	+	(I) D
	248	+	RILLING TEST BORES AND MONITORING WELLS ;25
	249	+	(II) S
	250	+	ITING;26
	251	+	(III) I
	252	+	NSTALLING AND OPERATING CARBON DIOXIDE FLOW LINES ;27
	253	+	1346
	254	+	-7- (IV) DRILLING;1
	255	+	(V) D
	256	+	EEPENING;2
	257	+	(VI) R
	258	+	ECOMPLETING;3
	259	+	(VII) R
	260	+	EWORKING; AND4
	261	+	(VIII) A
	262	+	BANDONING;5
	263	+	(b) I
	264	+	NJECTING
	265	+	INJECTION CARBON DIOXIDE FOR THE PURPOSE OF6
	266	+	GEOLOGIC STORAGE;7
	267	+	(c) A
	268	+	NY CONSTRUCTING, SITE PREPARING, OR RECLAIMING8
	269	+	ACTIVITIES ASSOCIATED WITH THE ACTIVITIES DESCRIBED IN SUBSECTION9 (17)(a) OR (17)(b) OF THIS SECTION; AND10
	270	+	(d) A
	271	+	NY OTHER ACTIVITIES DETERMINED BY THE COMMISSION TO11
	272	+	BE NECESSARY TO PROTECT AND MINIMIZE ADVERSE IMPACTS ASSOCIATED12
	273	+	WITH GEOLOGIC STORAGE TO PUBLIC HEALTH , SAFETY, WELFARE, THE13
	274	+	ENVIRONMENT, AND NATURAL RESOURCES.14(18) "GEOLOGIC STORAGE OPERATOR " MEANS ANY PERSON THAT15
	275	+	EXERCISES THE RIGHT TO CONTROL THE CONDUCT OF GEOLOGIC STORAGE16
	276	+	OPERATIONS.17
	277	+	(19) (a) "GEOLOGIC STORAGE RESOURCE " MEANS PORE SPACE18
	278	+	NECESSARY FOR GEOLOGIC STORAGE .19
162	279		(b) "G
163		-	EOLOGIC STORAGE FACILITY" DOES NOT INCLUDE PIPELINES
164		-	REGULATED BY THE PIPELINE AND HAZARDOUS MATERIALS SAFETY
165		-	ADMINISTRATION OF THE
166		-	UNITED STATES DEPARTMENT OF TRANSPORTATION
167		-	OR THE PUBLIC UTILITIES COMMISSION
168		-	.
169		-	(16) "G
170		-	EOLOGIC STORAGE LOCATION " MEANS A DEFINABLE AREA
171		-	WHERE A GEOLOGIC STORAGE OPERATOR USES OR INTENDS TO USE THE
172		-	SURFACE OF THE LAND IN ORDER TO OPERATE A GEOLOGIC STORAGE
173		-	FACILITY
174		-	.
175		-	PAGE 4-HOUSE BILL 24-1346 (17) "GEOLOGIC STORAGE OPERATIONS " MEANS ACTIVITIES
176		-	PERFORMED FOR THE PURPOSE OF ENGAGING IN GEOLOGIC STORAGE IN THE
177		-	STATE
178		-	, INCLUDING:
179		-	(a) T
180		-	HE FOLLOWING ACTIVITIES RELATED TO THE OPERATION OF A
181		-	GEOLOGIC STORAGE FACILITY
182		-	:
183		-	(I) D
184		-	RILLING TEST BORES AND MONITORING WELLS ;
185		-	(II) S
186		-	ITING;
187		-	(III) I
188		-	NSTALLING AND OPERATING CARBON DIOXIDE FLOW LINES ;
189		-	(IV) D
190		-	RILLING;
191		-	(V) D
192		-	EEPENING;
193		-	(VI) R
194		-	ECOMPLETING;
195		-	(VII) R
196		-	EWORKING; AND
197		-	(VIII) ABANDONING;
198		-	(b) I
199		-	NJECTING INJECTION CARBON DIOXIDE FOR THE PURPOSE OF
200		-	GEOLOGIC STORAGE
201		-	;
202		-	(c) A
203		-	NY CONSTRUCTING, SITE PREPARING, OR RECLAIMING
204		-	ACTIVITIES ASSOCIATED WITH THE ACTIVITIES DESCRIBED IN SUBSECTION
205		-	(17)(a) OR (17)(b) OF THIS SECTION; AND
206		-	(d) ANY OTHER ACTIVITIES DETERMINED BY THE COMMISSION TO BE
207		-	NECESSARY TO PROTECT AND MINIMIZE ADVERSE IMPACTS ASSOCIATED WITH
208		-	GEOLOGIC STORAGE TO PUBLIC HEALTH
209		-	, SAFETY, WELFARE, THE
210		-	ENVIRONMENT
211		-	, AND NATURAL RESOURCES.
212		-	(18) "G
213		-	EOLOGIC STORAGE OPERATOR " MEANS ANY PERSON THAT
214		-	EXERCISES THE RIGHT TO CONTROL THE CONDUCT OF GEOLOGIC STORAGE
215		-	OPERATIONS
216		-	.
217		-	(19) (a) "G
218		-	EOLOGIC STORAGE RESOURCE " MEANS PORE SPACE
219		-	PAGE 5-HOUSE BILL 24-1346 NECESSARY FOR GEOLOGIC STORAGE .
220		-	(b) "G
221		-	EOLOGIC STORAGE RESOURCE " DOES NOT INCLUDE AN
222		-	UNDERGROUND SOURCE OF DRINKING WATER
223		-	, AS DEFINED IN 40 CFR 144.3.
224		-	(20) "G
225		-	EOLOGIC STORAGE UNIT" MEANS A UNIT OF ONE OR MORE
226		-	GEOLOGIC STORAGE RESOURCES OR PARTS OF A GEOLOGIC STORAGE
227		-	RESOURCE ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION
228		-	34-60-141.
229		-	(21) "G
230		-	EOLOGIC STORAGE UNIT AREA " MEANS ANY GEOLOGIC
231		-	STORAGE RESOURCE
232		-	, OR PART OF A GEOLOGIC STORAGE RESOURCE ,
233		-	INCLUDED IN A GEOLOGIC STORAGE UNIT .
234		-	(22) "I
235		-	MPACT AREA" MEANS A DEFINED GEOGRAPHIC AREA OR AREAS
236		-	IN WHICH OPERATIONS REGULATED BY THE COMMISSION HAVE THE
237		-	POTENTIAL TO CONTRIBUTE TO CUMULATIVE IMPACTS
238		-	. THE COMMISSION
239		-	SHALL DETERMINE THE IMPACT AREA FOR A PARTICULAR PROPOSED
240		-	OPERATION BASED ON THE NATURE
241		-	, INTENSITY, AND SCOPE OF THE
242		-	OPERATION IN ITS PROPOSED LOCATION AND THE GEOGRAPHIC EXTENT OF
243		-	POTENTIAL IMPACTS
244		-	.
245		-	(23) "I
246		-	MPACTS TO CLIMATE" MEANS THE QUANTIFICATION OF
247		-	EMISSIONS OF GREENHOUSE GASES
248		-	, AS DEFINED IN SECTION 25-7-140 (6),
249		-	THAT OCCUR FROM SOURCES THAT ARE CONTROLLED OR OWNED BY THE
250		-	ENERGY AND CARBON M ANAGEMENT OPERATOR AND FROM REASONABLY
251		-	FORESEEABLE TRUCK TRAFFIC
252		-	, AS WELL AS REDUCTIONS IN GREENHOUSE GAS
253		-	EMISSIONS
254		-	, ASSOCIATED WITH THE PROPOSED OPERATION .
255		-	(24) "I
256		-	NJECTION CARBON DIOXIDE " MEANS CARBON DIOXIDE ,
257		-	INCLUDING ITS DERIVATIVES AND ALL MIXTURES , COMBINATIONS, AND
258		-	PHASES
259		-	, WHETHER LIQUID, GASEOUS, SUPER-CRITICAL, OR SOLID, AND
260		-	WHETHER STRIPPED
261		-	, SEGREGATED, OR DIVIDED FROM ANY OTHER FLUID
262		-	STREAM
263		-	, INCLUDING ALL INCIDENTAL ASSOCIATED SUBSTANCES DERIVED
264		-	FROM THE SOURCE MATERIALS
265		-	.
266		-	(5.3)
267		-	(25) "Local government" means except with regard to section
268		-	34-60-104 (2)(a)(I), a:
269		-	(a) Municipality or city and county within whose boundaries an oil
270		-	PAGE 6-HOUSE BILL 24-1346 and gas location A SURFACE LOCATION FOR ENERGY AND CARBON
271		-	MANAGEMENT OPERATIONS
272		-	is sited or proposed to be sited; or
273		-	(b) County, if an oil and gas location
274		-	A SURFACE LOCATION FOR
275		-	ENERGY AND CARBON MANAGEMENT OPERATIONS
276		-	is sited or proposed to be
277		-	sited within the boundaries of the county but is not located within a
278		-	municipality or city and county.
279		-	(5.5)
280		-	(26) "Minimize adverse impacts" means, to the extent
281		-	necessary and reasonable to protect public health, safety, and welfare; the
282		-	environment; and wildlife resources, to:
283		-	(a) Avoid adverse impacts from oil and gas
284		-	ENERGY AND CARBON
285		-	MANAGEMENT
286		-	operations; and
287		-	(b) Minimize and mitigate the extent and severity of those impacts
288		-	that cannot be avoided.
289		-	(6)
290		-	(27) "Oil" means crude petroleum oil and any other
291		-	hydrocarbons, regardless of gravities, which THAT are produced at the well
292		-	in liquid form by ordinary production methods and which THAT are not the
293		-	result of condensation of gas before or after it leaves the reservoir.
294		-	(6.2) (28) "Oil and gas facility" means equipment or improvements
295		-	used or installed at an oil and gas location for the exploration, production,
296		-	withdrawal, treatment, or processing of crude oil, condensate, exploration
297		-	and production waste, or gas.
298		-	(6.4)
299		-	(29) "Oil and gas location" means a definable area where an
300		-	oil and gas operator has disturbed or intends to disturb the land surface in
301		-	order to locate an oil and gas facility.
302		-	(6.5)
303		-	(30) "Oil and gas operations" means exploration for oil and
304		-	gas, including:
305		-	(a) The conduct of seismic operations and the drilling of test bores;
306		-	(b) The siting, drilling, deepening, recompletion, reworking, or
307		-	abandonment of an oil and gas well, underground injection well, or gas
308		-	storage well;
309		-	PAGE 7-HOUSE BILL 24-1346 (c) Production operations related to any such well DESCRIBED IN
310		-	SUBSECTION
311		-	(30)(b) OF THIS SECTION, including the installation of flow lines
312		-	and gathering systems;
313		-	(d) The generation, transportation, storage, treatment, or disposal of
314		-	exploration and production wastes; and
315		-	(e) Any construction, site preparation, or reclamation activities
316		-	associated with such
317		-	THE operations DESCRIBED IN THIS SUBSECTION (30).
318		-	(6.8) (31) "Operator" means any person who THAT exercises the
319		-	right to control the conduct of oil and gas operations.
320		-	(7) (32) "Owner" means the person who THAT has the right to drill
321		-	into and produce from a pool and to appropriate the oil or gas he THE
322		-	PERSON
323		-	produces therefrom
324		-	FROM THE POOL either for himself THE PERSON
325		-	or others or for himself THE PERSON and others, including the owner of a
326		-	well capable of producing oil or gas, or both.
327		-	(7.1) (33) "Parks and wildlife commission" means the parks and
328		-	wildlife commission created in section 33-9-101. C.R.S.
329		-	(7.5) (34) "Permit" means any permit, sundry notice, notice of
330		-	intention, or other approval, including any conditions of approval, which
331		-	THAT is granted, issued, or approved by the commission.
332		-	(8) (35) "Person" means any natural person, corporation,
333		-	association, partnership, receiver, trustee, executor, administrator, guardian,
334		-	fiduciary, or other representative of any kind and includes any department,
335		-	agency, or instrumentality of the state or any governmental subdivision
336		-	thereof
337		-	OF THE DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE STATE.
338		-	(9) (36) "Pool" means an underground reservoir containing a
339		-	common accumulation of oil or gas, or both. Each zone of a general
340		-	structure, which zone is completely separated from any other zone in the
341		-	structure, is covered by the word "pool" as used in this article
342		-	ARTICLE 60.
343		-	(37) "P
344		-	ORE SPACE" MEANS A CAVITY OR VOID, WHETHER NATURAL
345		-	OR ARTIFICIALLY CREATED
346		-	, IN A SUBSURFACE STRATUM.
347		-	PAGE 8-HOUSE BILL 24-1346 (10) (38) "Producer" means the owner of a well capable of
348		-	producing oil or gas, or both.
349		-	(39) "R
350		-	EASONABLY FORESEEABLE FUTURE DEVELOPMENT " MEANS
351		-	DEVELOPMENT THAT HAS NOT YET BEEN UNDERTAKEN FOR WHICH AN
352		-	APPLICABLE LOCAL
353		-	, STATE, OR FEDERAL AGENCY HAS RECEIVED AN
354		-	APPLICATION OR ISSUED A PERMIT
355		-	. FUTURE DEVELOPMENT IS REASONABLY
356		-	FORESEEABLE ONLY IF INFORMATION RELATED TO THE PERMIT IS PUBLICLY
357		-	AVAILABLE
358		-	.
359		-	(40) "S
360		-	EQUESTRATION ESTATE" MEANS A PORTION OF A GEOLOGIC
361		-	STORAGE RESOURCE
362		-	.
363		-	(10.5)
364		-	(41) "Surface owner" means any person owning all or part of
365		-	the surface of land upon which oil and gas ENERGY AND CARBON
366		-	MANAGEMENT
367		-	operations are conducted, as shown by the tax records of the
368		-	county in which the tract of land is situated, or any person with such rights
369		-	under a recorded contract to purchase.
370		-	(10.7)
371		-	(42) "Underground natural gas storage cavern" means a
372		-	facility that stored natural gas in an underground cavern or abandoned mine
373		-	on or before January 1, 2000. An underground natural gas storage cavern
374		-	includes all surface or subsurface rights and appurtenances associated with
375		-	the underground injection, storage, and withdrawal of natural gas, but does
376		-	not include any compressor stations or pipeline facilities subject to
377		-	regulation by the public utilities commission or the United States
378		-	department of transportation.
379		-	(11)
380		-	(43) "Waste", as applied to gas:
381		-	(a) Includes the escape, blowing, or releasing, directly or indirectly
382		-	into the open air, of gas from wells productive of gas only, or gas in an
383		-	excessive or unreasonable amount from wells producing oil or both oil and
384		-	gas; and the production of gas in quantities or in such manner as
385		-	unreasonably reduces reservoir pressure or, subject to subsection (11)(b)
386		-	(43)(b) of this section, unreasonably diminishes the quantity of oil or gas that ultimately may be produced; excepting gas that is reasonably necessary in the drilling, completing, testing, and in furnishing power for the production of wells; and
387		-	PAGE 9-HOUSE BILL 24-1346 (b) Does not include the nonproduction of gas from a formation if
388		-	necessary to protect public health, safety, and welfare; the environment; or
389		-	wildlife resources as determined by the commission.
390		-	(12)
391		-	(44) "Waste", as applied to oil:
392		-	(a) Includes underground waste; inefficient, excessive, or improper
393		-	use or dissipation of reservoir energy, including gas energy and water drive;
394		-	surface waste; open-pit storage; and waste incident to the production of oil
395		-	in excess of the producer's aboveground storage facilities and lease and
396		-	contractual requirements, but excluding storage, other than open-pit storage,
397		-	reasonably necessary for building up or maintaining crude stocks and
398		-	products of crude stocks for consumption, use, and sale; and
399		-	(b) Does not include the nonproduction of oil from a formation if
400		-	necessary to protect public health, safety, and welfare; the environment; or
401		-	wildlife resources as determined by the commission.
402		-	(13)
403		-	(45) "Waste", in addition to the meanings as set forth in
404		-	subsections (11) (43) and (12) (44) of this section:
405		-	(a) Means, subject to subsection (13)(b) (45)(b) of this section:
406		-	(I) Physical waste, as that term is generally understood in the oil and
407		-	gas industry;
408		-	(II) The locating, spacing, drilling, equipping, operating, or
409		-	producing of any oil or gas well or wells in a manner that causes or tends
410		-	to cause reduction in quantity of oil or gas ultimately recoverable from a
411		-	pool under prudent and proper operations or that causes or tends to cause
412		-	unnecessary or excessive surface loss or destruction of oil or gas; and
413		-	(III) Abuse of the correlative rights of any owner in a pool due to
414		-	nonuniform, disproportionate, unratable, or excessive withdrawals of oil or
415		-	gas from the pool, causing reasonably avoidable drainage between tracts of
416		-	land or resulting in one or more producers or owners in the pool producing
417		-	more than an equitable share of the oil or gas from the pool; and
418		-	(b) Does not include the nonproduction of oil or gas from a
419		-	formation if necessary to protect public health, safety, and welfare; the
420		-	PAGE 10-HOUSE BILL 24-1346 environment; or wildlife resources as determined by the commission.
421		-	(14) Repealed.
422		-	(15) (46) "Wildlife resources" means fish, wildlife, and their aquatic
423		-	and terrestrial habitats.
424		-	SECTION 3. In Colorado Revised Statutes, 34-60-105, amend
425		-	(1)(b) introductory portion, (1)(b)(V), and (4)(a) as follows:
426		-	34-60-105. Powers of commission. (1) (b) Any delegation of
427		-	authority to any other state officer, board, or commission to administer any
428		-	other laws of this state relating to the conservation of oil or gas, or either of
429		-	them, is hereby
430		-	rescinded and withdrawn, and that authority is unqualifiedly
431		-	conferred upon the commission, as provided in this section; except that, as
432		-	further specified in section 34-60-131, nothing in this article 60 alters,
433		-	impairs, or negates the authority of:
434		-	(V) A local government to regulate oil and gas
435		-	ENERGY AND
436		-	CARBON MANAGEMENT
437		-	operations pursuant to section 29-20-104.
438		-	(4) (a) Except as specified in subsection (4)(b) of this section,
439		-	nothing in this article 60 authorizes the state or its local governments,
440		-	including the commission, boards of county commissioners, and
441		-	municipalities, to regulate the activities of:
442		-	(I) Federally recognized Indian tribes, their political subdivisions,
443		-	or tribally controlled affiliates, undertaken or to be undertaken with respect
444		-	to mineral evaluation, exploration, or development
445		-	OR ENERGY AND CARBON
446		-	MANAGEMENT OPERATIONS
447		-	on lands within the exterior boundaries of an
448		-	Indian reservation located within the state; or
449		-	(II) Third parties, undertaken or to be undertaken with respect to
	280	+	EOLOGIC STORAGE RESOURCE " DOES NOT INCLUDE AN20
	281	+	UNDERGROUND SOURCE OF DRINKING WATER , AS DEFINED IN 40 CFR21
	282	+	144.3.22 (20) "GEOLOGIC STORAGE UNIT" MEANS A UNIT OF ONE OR MORE23
	283	+	GEOLOGIC STORAGE RESOURCES OR PARTS OF A GEOLOGIC STORAGE24
	284	+	RESOURCE ESTABLISHED BY THE COMMISSION PURSUANT TO SECTION25
	285	+	34-60-141.26
	286	+	(21) "GEOLOGIC STORAGE UNIT AREA " MEANS ANY GEOLOGIC27
	287	+	1346
	288	+	-8- STORAGE RESOURCE, OR PART OF A GEOLOGIC STORAGE RESOURCE ,1
	289	+	INCLUDED IN A GEOLOGIC STORAGE UNIT .2
	290	+	(22) "IMPACT AREA" MEANS A DEFINED GEOGRAPHIC AREA OR3
	291	+	AREAS IN WHICH OPERATIONS REGULATED BY THE COMMISSION HAVE THE4
	292	+	POTENTIAL TO CONTRIBUTE TO CUMULATIVE IMPACTS . THE COMMISSION5
	293	+	SHALL DETERMINE THE IMPACT AREA FOR A PARTICULAR PROPOSED6
	294	+	OPERATION BASED ON THE NATURE, INTENSITY, AND SCOPE OF THE7
	295	+	OPERATION IN ITS PROPOSED LOCATION AND THE GEOGRAPHIC EXTENT OF8
	296	+	POTENTIAL IMPACTS.9
	297	+	(23) "IMPACTS TO CLIMATE" MEANS THE QUANTIFICATION OF10
	298	+	EMISSIONS OF GREENHOUSE GASES, AS DEFINED IN SECTION 25-7-140 (6),11
	299	+	THAT OCCUR FROM SOURCES THAT ARE CONTROLLED OR OWNED BY THE12
	300	+	ENERGY AND CARBON MANAGEMENT OPERATOR AND FROM REASONABLY13
	301	+	FORESEEABLE TRUCK TRAFFIC, AS WELL AS REDUCTIONS IN GREENHOUSE14
	302	+	GAS EMISSIONS, ASSOCIATED WITH THE PROPOSED OPERATION .15
	303	+	(24) "INJECTION CARBON DIOXIDE" MEANS CARBON DIOXIDE,16
	304	+	INCLUDING ITS DERIVATIVES AND ALL MIXTURES, COMBINATIONS, AND17
	305	+	PHASES, WHETHER LIQUID, GASEOUS, SUPER-CRITICAL, OR SOLID, AND18
	306	+	WHETHER STRIPPED, SEGREGATED, OR DIVIDED FROM ANY OTHER FLUID19
	307	+	STREAM, INCLUDING ALL INCIDENTAL ASSOCIATED SUBSTANCES DERIVED20
	308	+	FROM THE SOURCE MATERIALS .21
	309	+	(5.3) (25) "Local government" means except with regard to22
	310	+	section 34-60-104 (2)(a)(I), a:23
	311	+	24
	312	+	(a) Municipality or city and county within whose boundaries an25
	313	+	oil and gas location A SURFACE LOCATION FOR ENERGY AND CARBON26
	314	+	MANAGEMENT OPERATIONS is sited or proposed to be sited; or27
	315	+	1346
	316	+	-9- (b) County, if an oil and gas location A SURFACE LOCATION FOR1
	317	+	ENERGY AND CARBON MANAGEMENT OPERATIONS is sited or proposed to2
	318	+	be sited within the boundaries of the county but is not located within a3
	319	+	municipality or city and county.4
	320	+	(5.5) (26) "Minimize adverse impacts" means, to the extent5
	321	+	necessary and reasonable to protect public health, safety, and welfare; the6
	322	+	environment; and wildlife resources, to:7
	323	+	(a) Avoid adverse impacts from oil and gas ENERGY AND CARBON8
	324	+	MANAGEMENT operations; and9
	325	+	(b) Minimize and mitigate the extent and severity of those impacts10
	326	+	that cannot be avoided.11
	327	+	(6) (27) "Oil" means crude petroleum oil and any other12
	328	+	hydrocarbons, regardless of gravities, which THAT are produced at the13
	329	+	well in liquid form by ordinary production methods and which THAT are14
	330	+	not the result of condensation of gas before or after it leaves the reservoir.15
	331	+	(6.2) (28) "Oil and gas facility" means equipment or16
	332	+	improvements used or installed at an oil and gas location for the17
	333	+	exploration, production, withdrawal, treatment, or processing of crude oil,18
	334	+	condensate, exploration and production waste, or gas.19
	335	+	(6.4) (29) "Oil and gas location" means a definable area where an20
	336	+	oil and gas operator has disturbed or intends to disturb the land surface in21
	337	+	order to locate an oil and gas facility.22
	338	+	(6.5) (30) "Oil and gas operations" means exploration for oil and23
	339	+	gas, including:24
	340	+	(a) The conduct of seismic operations and the drilling of test25
	341	+	bores;26
	342	+	(b) The siting, drilling, deepening, recompletion, reworking, or27
	343	+	1346
	344	+	-10- abandonment of an oil and gas well, underground injection well, or gas1
	345	+	storage well;2
	346	+	(c) Production operations related to any such well DESCRIBED IN3
	347	+	SUBSECTION (30)(b) OF THIS SECTION, including the installation of flow4
	348	+	lines and gathering systems;5
	349	+	(d) The generation, transportation, storage, treatment, or disposal6
	350	+	of exploration and production wastes; and7
	351	+	(e) Any construction, site preparation, or reclamation activities8
	352	+	associated with such THE operations DESCRIBED IN THIS SUBSECTION (30).9
	353	+	(6.8) (31) "Operator" means any person who THAT exercises the10
	354	+	right to control the conduct of oil and gas operations.11
	355	+	(7) (32) "Owner" means the person who THAT has the right to drill12
	356	+	into and produce from a pool and to appropriate the oil or gas he THE13
	357	+	PERSON produces therefrom FROM THE POOL either for himself THE14
	358	+	PERSON or others or for himself THE PERSON and others, including the15
	359	+	owner of a well capable of producing oil or gas, or both.16
	360	+	(7.1) (33) "Parks and wildlife commission" means the parks and17
	361	+	wildlife commission created in section 33-9-101. C.R.S.18
	362	+	(7.5) (34) "Permit" means any permit, sundry notice, notice of19
	363	+	intention, or other approval, including any conditions of approval, which20
	364	+	THAT is granted, issued, or approved by the commission.21
	365	+	(8) (35) "Person" means any natural person, corporation,22
	366	+	association, partnership, receiver, trustee, executor, administrator,23
	367	+	guardian, fiduciary, or other representative of any kind and includes any24
	368	+	department, agency, or instrumentality of the state or any governmental25
	369	+	subdivision thereof OF THE DEPARTMENT, AGENCY, OR INSTRUMENTALITY26
	370	+	OF THE STATE.27
	371	+	1346
	372	+	-11- (9) (36) "Pool" means an underground reservoir containing a1
	373	+	common accumulation of oil or gas, or both. Each zone of a general2
	374	+	structure, which zone is completely separated from any other zone in the3
	375	+	structure, is covered by the word "pool" as used in this article ARTICLE 60.4
	376	+	(37) "PORE SPACE" MEANS A CAVITY OR VOID, WHETHER NATURAL5
	377	+	OR ARTIFICIALLY CREATED, IN A SUBSURFACE STRATUM.6
	378	+	(10) (38) "Producer" means the owner of a well capable of7
	379	+	producing oil or gas, or both.8
	380	+	(39) "REASONABLY FORESEEABLE FUTURE DEVELOPMENT" MEANS9
	381	+	DEVELOPMENT THAT HAS NOT YET BEEN UNDERTAKEN FOR WHICH AN10
	382	+	APPLICABLE LOCAL, STATE, OR FEDERAL AGENCY HAS RECEIVED AN11
	383	+	APPLICATION OR ISSUED A PERMIT. FUTURE DEVELOPMENT IS REASONABLY12
	384	+	FORESEEABLE ONLY IF INFORMATION RELATED TO THE PERMIT IS PUBLICLY13
	385	+	AVAILABLE.14
	386	+	(40) "SEQUESTRATION ESTATE" MEANS A PORTION OF A GEOLOGIC15
	387	+	STORAGE RESOURCE.16
	388	+	(10.5) (41) "Surface owner" means any person owning all or part17
	389	+	of the surface of land upon which oil and gas ENERGY AND CARBON18
	390	+	MANAGEMENT operations are conducted, as shown by the tax records of19
	391	+	the county in which the tract of land is situated, or any person with such20
	392	+	rights under a recorded contract to purchase.21
	393	+	(10.7) (42) "Underground natural gas storage cavern" means a22
	394	+	facility that stored natural gas in an underground cavern or abandoned23
	395	+	mine on or before January 1, 2000. An underground natural gas storage24
	396	+	cavern includes all surface or subsurface rights and appurtenances25
	397	+	associated with the underground injection, storage, and withdrawal of26
	398	+	natural gas, but does not include any compressor stations or pipeline27
	399	+	1346
	400	+	-12- facilities subject to regulation by the public utilities commission or the1
	401	+	United States department of transportation.2
	402	+	(11) (43) "Waste", as applied to gas:3
	403	+	(a) Includes the escape, blowing, or releasing, directly or4
	404	+	indirectly into the open air, of gas from wells productive of gas only, or5
	405	+	gas in an excessive or unreasonable amount from wells producing oil or6
	406	+	both oil and gas; and the production of gas in quantities or in such manner7
	407	+	as unreasonably reduces reservoir pressure or, subject to subsection8
	408	+	(11)(b) (43)(b) of this section, unreasonably diminishes the quantity of oil9
	409	+	or gas that ultimately may be produced; excepting gas that is reasonably10
	410	+	necessary in the drilling, completing, testing, and in furnishing power for11
	411	+	the production of wells; and12
	412	+	(b) Does not include the nonproduction of gas from a formation13
	413	+	if necessary to protect public health, safety, and welfare; the environment;14
	414	+	or wildlife resources as determined by the commission.15
	415	+	(12) (44) "Waste", as applied to oil:16
	416	+	(a) Includes underground waste; inefficient, excessive, or17
	417	+	improper use or dissipation of reservoir energy, including gas energy and18
	418	+	water drive; surface waste; open-pit storage; and waste incident to the19
	419	+	production of oil in excess of the producer's aboveground storage20
	420	+	facilities and lease and contractual requirements, but excluding storage,21
	421	+	other than open-pit storage, reasonably necessary for building up or22
	422	+	maintaining crude stocks and products of crude stocks for consumption,23
	423	+	use, and sale; and24
	424	+	(b) Does not include the nonproduction of oil from a formation if25
	425	+	necessary to protect public health, safety, and welfare; the environment;26
	426	+	or wildlife resources as determined by the commission.27
	427	+	1346
	428	+	-13- (13) (45) "Waste", in addition to the meanings as set forth in1
	429	+	subsections (11) (43) and (12) (44) of this section:2
	430	+	(a) Means, subject to subsection (13)(b) (45)(b) of this section:3
	431	+	(I) Physical waste, as that term is generally understood in the oil4
	432	+	and gas industry;5
	433	+	(II) The locating, spacing, drilling, equipping, operating, or6
	434	+	producing of any oil or gas well or wells in a manner that causes or tends7
	435	+	to cause reduction in quantity of oil or gas ultimately recoverable from a8
	436	+	pool under prudent and proper operations or that causes or tends to cause9
	437	+	unnecessary or excessive surface loss or destruction of oil or gas; and10
	438	+	(III) Abuse of the correlative rights of any owner in a pool due to11
	439	+	nonuniform, disproportionate, unratable, or excessive withdrawals of oil12
	440	+	or gas from the pool, causing reasonably avoidable drainage between13
	441	+	tracts of land or resulting in one or more producers or owners in the pool14
	442	+	producing more than an equitable share of the oil or gas from the pool;15
	443	+	and16
	444	+	(b) Does not include the nonproduction of oil or gas from a17
	445	+	formation if necessary to protect public health, safety, and welfare; the18
	446	+	environment; or wildlife resources as determined by the commission.19
	447	+	(14) Repealed.20
	448	+	(15) (46) "Wildlife resources" means fish, wildlife, and their21
	449	+	aquatic and terrestrial habitats.22
	450	+	SECTION 3. In Colorado Revised Statutes, 34-60-105, amend23
	451	+	(1)(b) introductory portion, (1)(b)(V), and (4)(a) as follows:24
	452	+	34-60-105. Powers of commission. (1) (b) Any delegation of25
	453	+	authority to any other state officer, board, or commission to administer26
	454	+	any other laws of this state relating to the conservation of oil or gas, or27
	455	+	1346
	456	+	-14- either of them, is hereby rescinded and withdrawn, and that authority is1
	457	+	unqualifiedly conferred upon the commission, as provided in this section;2
	458	+	except that, as further specified in section 34-60-131, nothing in this3
	459	+	article 60 alters, impairs, or negates the authority of:4
	460	+	(V) A local government to regulate oil and gas ENERGY AND5
	461	+	CARBON MANAGEMENT operations pursuant to section 29-20-104.6
	462	+	(4) (a) Except as specified in subsection (4)(b) of this section,7
	463	+	nothing in this article 60 authorizes the state or its local governments,8
	464	+	including the commission, boards of county commissioners, and9
	465	+	municipalities, to regulate the activities of:10
	466	+	(I) Federally recognized Indian tribes, their political subdivisions,11
	467	+	or tribally controlled affiliates, undertaken or to be undertaken with12
	468	+	respect to mineral evaluation, exploration, or development
	469	+	OR ENERGY
	470	+	13
	471	+	AND CARBON MANAGEMENT OPERATIONS on lands within the exterior14
	472	+	boundaries of an Indian reservation located within the state; or15
	473	+	(II) Third parties, undertaken or to be undertaken with respect to16
450	474		mineral evaluation, exploration, or development
451	475		OR ENERGY AND CARBON
452		-	MANAGEMENT OPERATIONS
453		-	on Indian trust lands within the exterior
454		-	boundaries of an Indian reservation located within the state.
455		-	SECTION 4. In Colorado Revised Statutes, 34-60-106, amend
456		-	(9)(c)(II), (9)(c)(III)(A), (9)(c)(III)(B), (9)(c)(IV)(A), (9)(c)(IV)(C),
457		-	(9)(c)(IV)(D), (9)(d) introductory portion, (9)(d)(I), (9)(d)(II), (9)(d)(III),
458		-	PAGE 11-HOUSE BILL 24-1346 and (11)(d)(I); repeal (9)(c)(III)(C), (9)(e)(III), (11)(d)(III), and
459		-	(11)(d)(IV); and add (9)(c)(IV)(D.5) and (9)(d.5) as follows:
460		-	34-60-106. Additional powers of commission - fees - rules -
461		-	definitions - repeal. (9) (c) (II) The commission may issue and enforce
462		-	permits as necessary for the purpose set forth in this subsection (9)(c) FOR
463		-	GEOLOGIC STORAGE OPERATIONS AND MAY REGULATE GEOLOGIC STORAGE
464		-	OPERATIONS
465		-	after the commission makes the determination and holds the
466		-	hearing set forth in subsection (9)(c)(I) of this section and the commission
467		-	and the governor satisfy the requirements set forth in subsection (9)(a) of
468		-	this section.
469		-	(III) (A) If the class VI injection well
470		-	A GEOLOGIC STORAGE
471		-	LOCATION
472		-	is proposed to be sited in an area that would affect a
473		-	disproportionately impacted community, the commission shall weigh the
474		-	geologic storage operator's submitted cumulative impacts analysis and
475		-	determine whether, on balance, the class VI injection well
476		-	GEOLOGIC
477		-	STORAGE OPERATIONS
478		-	will have a positive effect on the disproportionately
479		-	impacted community. A proposal that will have negative net cumulative
480		-	impacts on any disproportionately impacted community must be denied. The
481		-	commission's decision must include a plain language summary of its
482		-	determination.
483		-	(B) The commission may amend by rule the cumulative effects
484		-	IMPACTS analysis and requirements set forth in this subsection (9)(c)(III) if
485		-	the commission finds the analysis and requirements to be inconsistent with,
486		-	or incomplete with respect to, the federal environmental protection agency's
487		-	requirements for class VI primacy.
488		-	(C) As used in this subsection (9)(c)(III), "cumulative impacts"
489		-	means the effect on public health and the environment, including the effect
490		-	on air quality, water quality, the climate, noise, odor, wildlife, and
491		-	biological resources, caused by the incremental impact that a proposed new
492		-	or modified class VI injection well would have when added to the impacts
493		-	from other past, present, and reasonably foreseeable future development of
494		-	any type on the affected area, including an airshed or watershed, or on a
495		-	disproportionately impacted community.
496		-	(IV) (A) The commission shall require each operator of a class VI
497		-	injection well GEOLOGIC STORAGE OPERATOR to provide adequate financial
498		-	PAGE 12-HOUSE BILL 24-1346 assurance demonstrating that the GEOLOGIC STORAGE operator is financially
499		-	capable of fulfilling every obligation imposed on the operator under this
500		-	article 60 and under rules that the commission adopts pursuant to this article
501		-	60.
502		-	(C) The commission shall adopt rules requiring that the financial
503		-	assurance cover the cost of obligations that are in addition to the obligations
504		-	listed in subsection (9)(c)(IV)(B) of this section if the additional obligations
505		-	are reasonably associated with class VI injection wells and locations
506		-	GEOLOGIC STORAGE OPERATIONS .
507		-	(D) An operator A GEOLOGIC STORAGE OPERATOR shall maintain the
508		-	financial assurance required under this subsection (9)(c)(IV) or under any
509		-	rules adopted pursuant to this subsection (9)(c)(IV) until the commission
510		-	approves site closure, as specified in rules adopted by the commission.
511		-	Commission approval of a site closure does not otherwise modify an
512		-	operator's responsibility to comply with applicable laws.
	476	+	17
	477	+	MANAGEMENT OPERATIONS on Indian trust lands within the exterior18
	478	+	boundaries of an Indian reservation located within the state.19
	479	+	SECTION 4. In Colorado Revised Statutes, 34-60-106, amend20
	480	+	(9)(c)(II), (9)(c)(III)(A), (9)(c)(III)(B), (9)(c)(IV)(A), (9)(c)(IV)(C),21
	481	+	(9)(c)(IV)(D), (9)(d) introductory portion, (9)(d)(I), (9)(d)(II), (9)(d)(III),22
	482	+	and (11)(d)(I); repeal (9)(c)(III)(C), (9)(e)(III), (11)(d)(III), and23
	483	+	(11)(d)(IV); and add (9)(c)(IV)(D.5) and (9)(d.5) as follows:24
	484	+	34-60-106. Additional powers of commission - fees - rules -25
	485	+	definitions - repeal. (9) (c) (II) The commission may issue and enforce26
	486	+	permits as necessary for the purpose set forth in this subsection (9)(c) FOR27
	487	+	1346
	488	+	-15- GEOLOGIC STORAGE OPERATIONS AND MAY REGULATE GEOLOGIC STORAGE1
	489	+	OPERATIONS after the commission makes the determination and holds the2
	490	+	hearing set forth in subsection (9)(c)(I) of this section and the commission3
	491	+	and the governor satisfy the requirements set forth in subsection (9)(a) of4
	492	+	this section.5
	493	+	(III) (A) If the class VI injection well A GEOLOGIC STORAGE6
	494	+	LOCATION is proposed to be sited in an area that would affect a7
	495	+	disproportionately impacted community, the commission shall weigh the8
	496	+	geologic storage operator's submitted cumulative impacts analysis and9
	497	+	determine whether, on balance, the class VI injection well GEOLOGIC10
	498	+	STORAGE OPERATIONS will have a positive effect on the disproportionately11
	499	+	impacted community. A proposal that will have negative net cumulative12
	500	+	impacts on any disproportionately impacted community must be denied.13
	501	+	The commission's decision must include a plain language summary of its14
	502	+	determination.15
	503	+	(B) The commission may amend by rule the cumulative effects16
	504	+	IMPACTS analysis and requirements set forth in this subsection (9)(c)(III)17
	505	+	if the commission finds the analysis and requirements to be inconsistent18
	506	+	with, or incomplete with respect to, the federal environmental protection19
	507	+	agency's requirements for class VI primacy.20
	508	+	(C) As used in this subsection (9)(c)(III), "cumulative impacts"21
	509	+	means the effect on public health and the environment, including the22
	510	+	effect on air quality, water quality, the climate, noise, odor, wildlife, and23
	511	+	biological resources, caused by the incremental impact that a proposed24
	512	+	new or modified class VI injection well would have when added to the25
	513	+	impacts from other past, present, and reasonably foreseeable future26
	514	+	development of any type on the affected area, including an airshed or27
	515	+	1346
	516	+	-16- watershed, or on a disproportionately impacted community.1
	517	+	(IV) (A) The commission shall require each operator of a class VI2
	518	+	injection well GEOLOGIC STORAGE OPERATOR to provide adequate3
	519	+	financial assurance demonstrating that the
	520	+	GEOLOGIC STORAGE operator4
	521	+	is financially capable of fulfilling every obligation imposed on the5
	522	+	operator under this article 60 and under rules that the commission adopts6
	523	+	pursuant to this article 60.7
	524	+	(C) The commission shall adopt rules requiring that the financial8
	525	+	assurance cover the cost of obligations that are in addition to the9
	526	+	obligations listed in subsection (9)(c)(IV)(B) of this section if the10
	527	+	additional obligations are reasonably associated with
	528	+	class VI injection11
	529	+	wells and locations GEOLOGIC STORAGE OPERATIONS .12
	530	+	(D) An operator A GEOLOGIC STORAGE OPERATOR shall maintain13
	531	+	the financial assurance required under this subsection (9)(c)(IV) or under14
	532	+	any rules adopted pursuant to this subsection (9)(c)(IV) until the15
	533	+	commission approves site closure, as specified in rules adopted by the16
	534	+	commission. Commission approval of a site closure does not otherwise17
	535	+	modify an operator's responsibility to comply with applicable laws.18
513	536		(D.5) I
514		-	F A GEOLOGIC STORAGE OPERATOR MAKES A MATERIAL
515		-	MISREPRESENTATION OR OMISSION THAT CAUSES THE COMMISSION TO
516		-	APPROVE A SITE CLOSURE PURSUANT TO SUBSECTION
517		-	(9)(c)(IV)(D) OF THIS
518		-	SECTION
519		-	, THE COMMISSION MAY REIMPOSE ANY REGULATORY
520		-	RESPONSIBILITY OR FINANCIAL ASSURANCE OBLIGATION IMPOSED ON THE
521		-	GEOLOGIC STORAGE OPERATOR PURSUANT TO SUBSECTION
522		-	(9)(c)(IV)(A) OF
523		-	THIS SECTION
524		-	.
525		-	(d) In issuing and enforcing permits pursuant to subsection (9)(c) ofthis section FOR GEOLOGIC STORAGE OPERATIONS , the commission shall
526		-	ensure, after a public hearing, that:
527		-	(I) The permitting of a class VI injection well GEOLOGIC STORAGE
528		-	LOCATION
529		-	complies with a local government's siting of the proposed classVI injection well GEOLOGIC STORAGE location AND THAT THE COMMISSION
530		-	HAS CONSULTED WITH ANY LOCAL GOVERNMENT WHOSE BOUNDARIES
531		-	INCLUDE LANDS OVERLYING THE GEOLOGIC STORAGE FACILITY
532		-	;
533		-	(II) The proposed new or modified class VI injection well GEOLOGIC
534		-	STORAGE LOCATION
535		-	has received an
536		-	ANY applicable air permit PERMITS
537		-	from the division of administration in the department of public health and
538		-	environment;
539		-	PAGE 13-HOUSE BILL 24-1346 (III) The GEOLOGIC STORAGE operator of the class VI injection well
540		-	has received the consent of any surface owner or owners of the land where
541		-	the surface disturbance will occur and has provided the commission a
542		-	written contractual agreement that the surface owner or owners have
543		-	executed; and
	537	+	F A GEOLOGIC STORAGE OPERATOR MAKES A MATERIAL19
	538	+	MISREPRESENTATION OR OMISSION THAT CAUSES THE COMMISSION TO20
	539	+	APPROVE A SITE CLOSURE PURSUANT TO SUBSECTION (9)(c)(IV)(D) OF21
	540	+	THIS SECTION, THE COMMISSION MAY REIMPOSE ANY REGULATORY22
	541	+	RESPONSIBILITY OR FINANCIAL ASSURANCE OBLIGATION IMPOSED ON THE23
	542	+	GEOLOGIC STORAGE OPERATOR PURSUANT TO SUBSECTION (9)(c)(IV)(A)24
	543	+	OF THIS SECTION.25
	544	+	(d) In issuing and enforcing permits pursuant to subsection (9)(c)
	545	+	26
	546	+	of this section FOR GEOLOGIC STORAGE OPERATIONS , the commission shall27
	547	+	1346
	548	+	-17- ensure, after a public hearing, that:1
	549	+	(I) The permitting of a class VI injection well GEOLOGIC STORAGE2
	550	+	LOCATION complies with a local government's siting of the proposed class3
	551	+	VI injection well GEOLOGIC STORAGE location AND THAT THE4
	552	+	COMMISSION HAS CONSULTED WITH ANY LOCAL GOVERNMENT WHOSE5
	553	+	BOUNDARIES INCLUDE LANDS OVERLYING THE GEOLOGIC STORAGE6
	554	+	FACILITY;7
	555	+	(II) The proposed new or modified class VI injection well8
	556	+	GEOLOGIC STORAGE LOCATION has received an ANY applicable air permit9
	557	+	PERMITS from the division of administration in the department of public10
	558	+	health and environment;11
	559	+	(III) The
	560	+	GEOLOGIC STORAGE operator of the class VI injection
	561	+	12
	562	+	well has received the consent of any surface owner or owners of the land13
	563	+	where the surface disturbance will occur and has provided the14
	564	+	commission a written contractual agreement that the surface owner or15
	565	+	owners have executed; and16
544	566		(d.5) (I) F
545		-	OR THE PURPOSES OF IMPLEMENTING AND ADMINISTERING
546		-	THIS SUBSECTION
547		-	(9), THE COMMISSION MAY ASSESS AND COLLECT
548		-	REGULATORY AND PERMITTING FEES FROM GEOLOGIC STORAGE OPERATORS
549		-	IN AN AMOUNT AND FREQUENCY DETERMINED BY THE COMMISSION BY RULE
550		-	.
	567	+	OR THE PURPOSES OF IMPLEMENTING AND17
	568	+	ADMINISTERING THIS SUBSECTION (9), THE COMMISSION MAY ASSESS AND18
	569	+	COLLECT REGULATORY AND PERMITTING FEES FROM GEOLOGIC STORAGE19
	570	+	OPERATORS IN AN AMOUNT AND FR EQUENCY DETERMINED BY THE20
	571	+	COMMISSION BY RULE.21
551	572		(II) T
552		-	HE COMMISSION SHALL TRANSFER ANY FEES ASSESSED AND
553		-	COLLECTED PURSUANT TO SUBSECTION
554		-	(9)(d.5)(I) OF THIS SECTION TO THE
555		-	STATE TREASURER
556		-	, WHO SHALL CREDIT THE FEES TO THE ENERGY AND
557		-	CARBON MANAGEMENT CASH FUND CREATED IN SECTION
558		-	34-60-122 (5).
559		-	(e) As used in this subsection (9), unless the context otherwise
560		-	requires:
561		-	(III) "Disproportionately impacted community" has the meaning set
562		-	forth in section 24-4-109 (2)(b)(II).
563		-	(11) (d) (I) By April 28, 2024 SEPTEMBER 30, 2024, the commission
564		-	shall promulgate rules that evaluate and address the cumulative impacts of
565		-	oil and gas operations. The rules shall include a definition of cumulative
566		-	impacts THE RULES SHALL REQUIRE EVALUATION OF ALL IMPACTS SET FORTH
567		-	IN THE DEFINITION OF CUMULATIVE IMPACTS DESCRIBED IN SECTION
568		-	34-60-103. THE RULES SHALL REQUIRE ADDRESSING THOSE IMPACTS
569		-	RESULTING FROM OPERATIONS REGULATED BY THE COMMISSION
570		-	. WELLS
571		-	DRILLED FOR THE EXCLUSIVE PURPOSE OF OBTAINING SUBSURFACE DATA OR
572		-	INFORMATION TO SUPPORT OPERATIONS REGULATED BY THE COMMISSION DO
573		-	NOT REQUIRE A CUMULATIVE IMPACTS ANALYSIS
574		-	.
575		-	(III) In promulgating the definition of cumulative impacts by rulepursuant to subsection (11)(d)(I) of this section, the commission shall
576		-	review, consider, and include addressable impacts to climate, public health,
577		-	the environment, air quality, water quality, noise, odor, wildlife, and
578		-	biological resources, and to disproportionately impacted communities, as
579		-	defined in section 24-4-109 (2)(b)(II).
580		-	PAGE 14-HOUSE BILL 24-1346 (IV) As used in this subsection (11)(d), "impacts to climate" means
581		-	quantification of emissions of greenhouse gases, as defined in section
582		-	25-7-140 (6), that occur from sources that are controlled or owned by the
583		-	operator and reasonably foreseeable truck traffic at an oil and gas location.
584		-	SECTION 5. In Colorado Revised Statutes, 34-60-108, add (10) as
585		-	follows:
586		-	34-60-108. Rules - hearings - process. (10) T
587		-	HE DIRECTOR OF THE
588		-	COMMISSION MAY HIRE AND DESIGNATE EMPLOYEES OF THE COMMISSION AS
589		-	ADMINISTRATIVE LAW JUDGES WHO HAVE THE AUTHORITY TO ADMINISTER
590		-	OATHS
591		-	, EXAMINE WITNESSES, RECEIVE EVIDENCE, AND CONDUCT HEARINGS,
592		-	INVESTIGATIONS, AND OTHER PROCEEDINGS ON BEHALF OF THE COMMISSION .
593		-	SECTION 6. In Colorado Revised Statutes, amend 34-60-115 as
594		-	follows:
595		-	34-60-115. Limitation on actions. (1) No
596		-	AN action or other
597		-	proceeding based upon a violation of this article ARTICLE 60 or any rule
598		-	regulation, or order of the commission shall NOT be commenced or
599		-	maintained unless it has been commenced within one year from THREE
600		-	YEARS AFTER
601		-	the date of the DISCOVERY OF THE alleged violation.
	573	+	HE COMMISSION SHALL TRANSFER ANY FEES ASSESSED AND22
	574	+	COLLECTED PURSUANT TO SUBSECTION (9)(d.5)(I) OF THIS SECTION TO THE23
	575	+	STATE TREASURER, WHO SHALL CREDIT THE FEES TO THE ENERGY AND24
	576	+	CARBON MANAGEMENT CASH FUND CREATED IN SECTION 34-60-122 (5).25
	577	+	(e) As used in this subsection (9), unless the context otherwise26
	578	+	requires:27
	579	+	1346
	580	+	-18- (III) "Disproportionately impacted community" has the meaning1
	581	+	set forth in section 24-4-109 (2)(b)(II).2
	582	+	(11) (d) (I) By April 28, 2024 SEPTEMBER 30, 2024, the3
	583	+	commission shall promulgate rules that evaluate and address the4
	584	+	cumulative impacts of oil and gas operations. The rules shall include a5
	585	+	definition of cumulative impacts THE RULES SHALL REQUIRE EVALUATION6
	586	+	OF ALL IMPACTS SET FORTH IN THE DEFINITION OF CUMULATIVE IMPACTS7
	587	+	DESCRIBED IN SECTION 34-60-103. THE RULES SHALL REQUIRE8
	588	+	ADDRESSING THOSE IMPACTS RESULTING FROM OPERATIONS REGULATED9
	589	+	BY THE COMMISSION. WELLS DRILLED FOR THE EXCLUSIVE PURPOSE OF10
	590	+	OBTAINING SUBSURFACE DATA OR INFORMATION TO SUPPORT OPERATIONS11
	591	+	REGULATED BY THE COMMISSION DO NOT REQUIRE A CUMULATIVE12
	592	+	IMPACTS ANALYSIS.13
	593	+	(III) In promulgating the definition of cumulative impacts by rule14
	594	+	pursuant to subsection (11)(d)(I) of this section, the commission shall15
	595	+	review, consider, and include addressable impacts to climate, public16
	596	+	health, the environment, air quality, water quality, noise, odor, wildlife,17
	597	+	and biological resources, and to disproportionately impacted18
	598	+	communities, as defined in section 24-4-109 (2)(b)(II).19
	599	+	(IV) As used in this subsection (11)(d), "impacts to climate"20
	600	+	means quantification of emissions of greenhouse gases, as defined in21
	601	+	section 25-7-140 (6), that occur from sources that are controlled or owned22
	602	+	by the operator and reasonably foreseeable truck traffic at an oil and gas23
	603	+	location.24
	604	+	25
	605	+	SECTION 5. In Colorado Revised Statutes, 34-60-108, add (10)26
	606	+	as follows:27
	607	+	1346
	608	+	-19- 34-60-108. Rules - hearings - process. (10) T HE DIRECTOR OF1
	609	+	THE COMMISSION MAY HIRE AND DESIGNATE EMPLOYEES OF THE2
	610	+	COMMISSION AS ADMINISTRATIVE LAW JUDGES WHO HAVE THE AUTHORITY3
	611	+	TO ADMINISTER OATHS, EXAMINE WITNESSES, RECEIVE EVIDENCE, AND4
	612	+	CONDUCT HEARINGS, INVESTIGATIONS, AND OTHER PROCEEDINGS ON5
	613	+	BEHALF OF THE COMMISSION.6
	614	+	SECTION 6. In Colorado Revised Statutes, amend 34-60-115 as7
	615	+	follows:8
	616	+	34-60-115. Limitation on actions. (1) No AN action or other9
	617	+	proceeding based upon a violation of this article ARTICLE 60 or any rule10
	618	+	regulation, or order of the commission shall NOT be commenced or11
	619	+	maintained unless it has been commenced within one year from THREE12
	620	+	YEARS AFTER the date of the DISCOVERY OF THE alleged violation.13
602	621		(2) T
603		-	HE THREE-YEAR PERIOD OF LIMITATION DESCRIBED IN
604		-	SUBSECTION
605		-	(1) OF THIS SECTION DOES NOT APPLY IF INFORMATION
606		-	REGARDING THE ALLEGED VIOLATION IS KNOWINGLY OR WILLFULLY
607		-	CONCEALED BY THE ALLEGED VIOLATOR
608		-	.
609		-	SECTION 7. In Colorado Revised Statutes, 34-60-121, amend
610		-	(1)(a), (1)(b), (1)(c)(I)(C), (1)(c)(I)(D), (1)(d), (1)(e), (4)(c), (5), (6), (7)(a)
611		-	introductory portion, and (7)(b) as follows:
612		-	34-60-121. Violations - investigations - penalties - rules -
	622	+	HE THREE-YEAR PERIOD OF LIMITATION DESCRIBED IN14
	623	+	SUBSECTION (1) OF THIS SECTION DOES NOT APPLY IF INFORMATION15
	624	+	REGARDING THE ALLEGED VIOLATION IS KNOWINGLY OR WILLFULLY16
	625	+	CONCEALED BY THE ALLEGED VIOLATOR .17
	626	+	SECTION 7. In Colorado Revised Statutes, 34-60-121, amend18
	627	+	(1)(a), (1)(b), (1)(c)(I)(C), (1)(c)(I)(D), (1)(d), (1)(e), (4)(c), (5), (6),19
	628	+	(7)(a) introductory portion, and (7)(b) as follows:20
	629	+	34-60-121. Violations - investigations - penalties - rules -21
613	630		definition - legislative declaration. (1) (a) Any
614		-	ENERGY AND CARBON
615		-	MANAGEMENT
616		-	operator that violates this article
617		-	ARTICLE 60, any rule or
618		-	order of the commission, or any permit is subject to a penalty of not more
619		-	than fifteen thousand dollars for each act of violation per day that such
	631	+	ENERGY AND CARBON22
	632	+	MANAGEMENT operator that violates this article
	633	+	ARTICLE 60, any rule or23
	634	+	order of the commission, or any permit is subject to a penalty of not more24
	635	+	than fifteen thousand dollars for each act of violation per day that such25
	636	+	THE violation continues. A VIOLATION DESCRIBED IN THIS SUBSECTION26
	637	+	(1)(a)
	638	+	CONTINUES FOR EACH DAY THAT IT IS NOT CORRECTED BY THE27
	639	+	1346
	640	+	-20- ENERGY AND CARBON MANAGEMENT OPERATOR .1
	641	+	(b) The commission may impose a penalty by order only after a2
	642	+	hearing in accordance with section 34-60-108 or by an administrative3
	643	+	order by consent entered into by the commission and the
	644	+	ENERGY AND4
	645	+	CARBON MANAGEMENT operator.5
	646	+	(c) The commission shall:6
	647	+	(I) Promulgate rules that establish a penalty schedule appropriate7
	648	+	to the nature of the violation and provide for the consideration of any8
	649	+	aggravating or mitigating circumstances. The rules must establish the9
	650	+	basis for determining the duration of a violation for purposes of imposing10
	651	+	the applicable penalty and include presumptions that:11
	652	+	(C) The failure to diligently implement corrective action pursuant12
	653	+	to a schedule embodied in an administrative order on consent, order13
	654	+	finding violation, or other order of the commission constitutes an14
	655	+	independent violation for which the
	656	+	ENERGY AND CARBON MANAGEMENT15
	657	+	operator may be subject to additional penalties or corrective action orders16
	658	+	imposed by the commission; and17
	659	+	(D) The number of days of violation does not include any period18
	660	+	necessary to allow the
	661	+	ENERGY AND CARBON MANAGEMENT operator to19
	662	+	engage in good faith negotiation with the commission regarding an20
	663	+	alleged violation if the
	664	+	ENERGY AND CARBON MANAGEMENT operator21
	665	+	demonstrates a prompt, effective, and prudent response to the violation.22
	666	+	(d) An
	667	+	ENERGY AND CARBON MANAGEMENT operator subject to a23
	668	+	penalty order shall pay the amount due within thirty days after its24
	669	+	imposition unless the
	670	+	ENERGY AND CARBON MANAGEMENT operator files25
	671	+	a judicial appeal. The commission may recover penalties owed under this26
	672	+	section in a civil action brought by the attorney general at the request of27
	673	+	1346
	674	+	-21- the commission in the second judicial district. Money collected through1
	675	+	the imposition of penalties shall MUST be credited first to any legal costs2
	676	+	and attorney fees incurred by the attorney general in the recovery action3
	677	+	and then to the environmental response account in the energy and carbon4
	678	+	management cash fund created in section 34-60-122 (5).5
	679	+	(e) The general assembly hereby declares that the purposes of this6
	680	+	subsection (1) are to deter noncompliance and to encourage any7
	681	+	out-of-compliance
	682	+	ENERGY AND CARBON MANAGEMENT operators to come8
	683	+	into compliance as soon as possible and to those ends intends that, in9
	684	+	determining the amount of a penalty, the commission should not reduce10
	685	+	the number of days of violation for which a penalty is assessed below that11
	686	+	number which the evidence supports.12
	687	+	(4) (c) Whenever the commission or the director has reasonable13
	688	+	cause to believe a violation of any provision of this article 60, any rule or14
	689	+	order of the commission, or any permit has occurred, including based on15
	690	+	a written complaint from any person, the commission or the director shall16
	691	+	provide written notice to the
	692	+	ENERGY AND CARBON MANAGEMENT17
	693	+	operator whose act or omission allegedly resulted in the violation and18
	694	+	require that the
	695	+	ENERGY AND CARBON MANAGEMENT operator remedy the19
	696	+	violation. The notice must be served personally or by certified mail,20
	697	+	return receipt requested, to the
	698	+	ENERGY AND CARBON M ANAGEMENT21
	699	+	operator or the
	700	+	ENERGY AND CARBON MANAGEMENT operator's agent for22
	701	+	service of process and must state the provision alleged to have been23
	702	+	violated, the facts alleged to constitute the violation, and any corrective24
	703	+	action and abatement deadlines the commission or director elects to25
	704	+	require of the
	705	+	ENERGY AND CARBON MANAGEMENT operator.26
	706	+	(5) (a) If an
	707	+	ENERGY AND CARBON MANAGEMENT operator fails to27
	708	+	1346
	709	+	-22- take corrective action required pursuant to subsection (4) of this section,1
	710	+	or whenever the commission or the director has evidence that a violation2
	711	+	of any provision of this article ARTICLE 60, or of any rule regulation, or3
	712	+	order of the commission, or of any permit has occurred, under4
	713	+	circumstances deemed to constitute an emergency situation, the5
	714	+	commission or the director may issue a cease-and-desist order to the6
	715	+	ENERGY AND CARBON MANAGEMENT operator whose act or omission7
	716	+	allegedly resulted in such
	717	+	THE violation. Such THE cease-and-desist order8
	718	+	shall MUST require such action by the ENERGY AND CARBON9
	719	+	MANAGEMENT operator as the commission or director deems appropriate.10
	720	+	The order shall MUST be served personally or by certified mail, return11
	721	+	receipt requested, to the
	722	+	ENERGY AND CARBON MANAGEMENT operator or12
620	723		the
621		-	violation continues. A VIOLATION DESCRIBED IN THIS SUBSECTION (1)(a)
622		-	CONTINUES FOR EACH DAY THAT IT IS NOT CORRECTED BY THE ENERGY AND
623		-	CARBON MANAGEMENT OPERATOR
624		-	.
625		-	PAGE 15-HOUSE BILL 24-1346 (b) The commission may impose a penalty by order only after a
626		-	hearing in accordance with section 34-60-108 or by an administrative order
627		-	by consent entered into by the commission and the
628		-	ENERGY AND CARBON
629		-	MANAGEMENT
630		-	operator.
631		-	(c) The commission shall:
632		-	(I) Promulgate rules that establish a penalty schedule appropriate to
633		-	the nature of the violation and provide for the consideration of any
634		-	aggravating or mitigating circumstances. The rules must establish the basis
635		-	for determining the duration of a violation for purposes of imposing the
636		-	applicable penalty and include presumptions that:
637		-	(C) The failure to diligently implement corrective action pursuant
638		-	to a schedule embodied in an administrative order on consent, order finding
639		-	violation, or other order of the commission constitutes an independent
640		-	violation for which the
641		-	ENERGY AND CARBON MANAGEMENT operator may
642		-	be subject to additional penalties or corrective action orders imposed by the
643		-	commission; and
644		-	(D) The number of days of violation does not include any period
645		-	necessary to allow the
646		-	ENERGY AND CARBON MANAGEMENT operator to
647		-	engage in good faith negotiation with the commission regarding an alleged
648		-	violation if the
649		-	ENERGY AND CARBON MANAGEMENT operator demonstrates
650		-	a prompt, effective, and prudent response to the violation.
651		-	(d) An
652		-	ENERGY AND CARBON MANAGEMENT operator subject to a
653		-	penalty order shall pay the amount due within thirty days after its imposition
654		-	unless the
655		-	ENERGY AND CARBON MANAGEMENT operator files a judicial
656		-	appeal. The commission may recover penalties owed under this section in
657		-	a civil action brought by the attorney general at the request of the
658		-	commission in the second judicial district. Money collected through the
659		-	imposition of penalties shall
660		-	MUST be credited first to any legal costs and
661		-	attorney fees incurred by the attorney general in the recovery action and
662		-	then to the environmental response account in the energy and carbon
663		-	management cash fund created in section 34-60-122 (5).
664		-	(e) The general assembly hereby
665		-	declares that the purposes of this
666		-	subsection (1) are to deter noncompliance and to encourage any
667		-	out-of-compliance
668		-	ENERGY AND CARBON MANAGEMENT operators to come
669		-	PAGE 16-HOUSE BILL 24-1346 into compliance as soon as possible and to those ends intends that, in
670		-	determining the amount of a penalty, the commission should not reduce the
671		-	number of days of violation for which a penalty is assessed below that
672		-	number which the evidence supports.
673		-	(4) (c) Whenever the commission or the director has reasonable
674		-	cause to believe a violation of any provision of this article 60, any rule or
675		-	order of the commission, or any permit has occurred, including based on a
676		-	written complaint from any person, the commission or the director shall
677		-	provide written notice to the
678		-	ENERGY AND CARBON MANAGEMENT operator
679		-	whose act or omission allegedly resulted in the violation and require that the
680		-	ENERGY AND CARBON MANAGEMENT operator remedy the violation. The
681		-	notice must be served personally or by certified mail, return receipt
682		-	requested, to the
683		-	ENERGY AND CARBON MANAGEMENT operator or the
684		-	ENERGY AND CARBON MANAGEMENT operator's agent for service of process
685		-	and must state the provision alleged to have been violated, the facts alleged
686		-	to constitute the violation, and any corrective action and abatement
687		-	deadlines the commission or director elects to require of the
688		-	ENERGY AND
689		-	CARBON MANAGEMENT
690		-	operator.
691		-	(5) (a) If an
692		-	ENERGY AND CARBON MANAGEMENT operator fails to
693		-	take corrective action required pursuant to subsection (4) of this section, or
694		-	whenever the commission or the director has evidence that a violation of
695		-	any provision of this article
696		-	ARTICLE 60, or of any rule regulation, or order
697		-	of the commission, or of any permit has occurred, under circumstances
698		-	deemed to constitute an emergency situation, the commission or the director
699		-	may issue a cease-and-desist order to the
700		-	ENERGY AND CARBON
701		-	MANAGEMENT
702		-	operator whose act or omission allegedly resulted in such
703		-	THE violation. Such THE cease-and-desist order shall MUST require such
704		-	action by the ENERGY AND CARBON MANAGEMENT operator as the
705		-	commission or director deems appropriate. The order shall MUST be served
706		-	personally or by certified mail, return receipt requested, to the
707		-	ENERGY AND
708		-	CARBON MANAGEMENT
709		-	operator or the ENERGY AND CARBON MA NAGEMENT
710		-	operator's agent for service of process and shall
711		-	MUST state the provision
712		-	alleged to have been violated, the facts alleged to constitute the violation,
713		-	the time by which the acts or practices cited are required to cease, and any
714		-	corrective action the commission or the director elects to require of the
715		-	ENERGY AND CARBON MANAGEMENT operator.
	724	+	ENERGY AND CARBON MANAGEMENT operator's agent for service of13
	725	+	process and shall
	726	+	MUST state the provision alleged to have been violated,14
	727	+	the facts alleged to constitute the violation, the time by which the acts or15
	728	+	practices cited are required to cease, and any corrective action the16
	729	+	commission or the director elects to require of the
	730	+	ENERGY AND CARBON17
	731	+	MANAGEMENT operator.18
716	732		(b) The commission or the director may require an
717		-	ENERGY ~~AND~~
718		-	~~PAGE 17-HOUSE BILL 24-1346~~ CARBON MANAGEMENT operator to appear for a hearing before ~~the~~
719		-	commission no sooner than fifteen days after the issuance of a
	733	+	ENERGY AND19
	734	+	CARBON MANAGEMENT operator to appear for a hearing before the20
	735	+	commission no sooner than fifteen days after the issuance of a21
720	736		cease-and-desist order; except that the
721		-	ENERGY AND CARBON MANAGEMENT
722		-	operator may request an earlier hearing. At any hearing concerning a
723		-	cease-and-desist order, the commission shall permit all interested parties
724		-	and any complaining parties to present evidence and argument and to
725		-	conduct cross-examination required for a full disclosure of the facts.
726		-	(c) In the event
727		-	THAT an ENERGY AND CARBON MANAGEMENT
728		-	operator fails to comply with a cease-and-desist order, the commission may
729		-	request the attorney general to bring suit pursuant to section 34-60-109.
730		-	(6) If the commission determines, after a hearing conducted in
	737	+	ENERGY AND CARBON22
	738	+	MANAGEMENT operator may request an earlier hearing. At any hearing23
	739	+	concerning a cease-and-desist order, the commission shall permit all24
	740	+	interested parties and any complaining parties to present evidence and25
	741	+	argument and to conduct cross-examination required for a full disclosure26
	742	+	of the facts.27
	743	+	1346
	744	+	-23- (c) In the event THAT an ENERGY AND CARBON MANAGEMENT1
	745	+	operator fails to comply with a cease-and-desist order, the commission2
	746	+	may request the attorney general to bring suit pursuant to section3
	747	+	34-60-109.4
	748	+	(6) If the commission determines, after a hearing conducted in5
731	749		accordance with section 34-60-108, that an
732		-	ENERGY AND CARBON
733		-	MANAGEMENT
734		-	operator has failed to perform any corrective action imposed
735		-	under subsection (4) of this section or failed to comply with a
736		-	cease-and-desist order issued under subsection (5) of this section with
737		-	regard to a violation of a permit provision, the commission may issue an
	750	+	ENERGY AND CARBON6
	751	+	MANAGEMENT operator has failed to perform any corrective action7
	752	+	imposed under subsection (4) of this section or failed to comply with a8
	753	+	cease-and-desist order issued under subsection (5) of this section with9
	754	+	regard to a violation of a permit provision, the commission may issue an10
738	755		order suspending, modifying, or revoking such
739		-	THE permit or may ~~take~~
	756	+	THE permit or may take11
740	757		other appropriate action. An
741		-	ENERGY AND CARBON ~~MANAGEMENT operator~~
742		-	subject to an order that suspends, modifies, or revokes a ~~permit shall~~
743		-	continue the affected operations only for the purpose of ~~bringing them~~
744		-	~~THE~~
745		-	AFFECTED OPERATIONS
746		-	~~into compliance with~~ the ~~permit or modified permit~~
747		-	~~and shall do so~~
748		-	~~MUST BRING THE~~ AFFECTED OPERATIONS ~~INTO~~ COMPLIANCE
749		-	~~under the supervision of the commission. Once the affected operations are in compliance to the satisfaction of the~~ commission and any penalty not subject to judicial review or appeal ~~has been paid, the commission shall reinstate the permit.~~
750		-	~~(7) (a)~~ The commission or the ~~director shall issue an order to an~~
751		-	~~ENERGY AND CARBON MANAGEMENT operator~~ to ~~appear for a hearing before~~
752		-	~~the commission in accordance with section 34-60-108 whenever the~~
753		-	~~commission or~~ the ~~director has evidence that an~~
754		-	~~ENERGY AND CARBON~~
755		-	~~MANAGEMENT~~
756		-	operator is responsible for:
	758	+	ENERGY AND CARBON MANAGEMENT12
	759	+	operator subject to an order that suspends, modifies, or revokes a permit13
	760	+	shall continue the affected operations only for the purpose of bringing14
	761	+	them
	762	+	THE AFFECTED OPERATIONS into compliance with the permit or15
	763	+	modified permit and shall do so MUST BRING THE AFFECTED OPERATIONS16
	764	+	INTO COMPLIANCE under the supervision of the commission. Once the17
	765	+	affected operations are in compliance to the satisfaction of the18
	766	+	commission and any penalty not subject to judicial review or appeal has19
	767	+	been paid, the commission shall reinstate the permit.20
	768	+	(7) (a) The commission or the director shall issue an order to an21
	769	+	ENERGY AND CARBON MANAGEMENT operator to appear for a hearing22
	770	+	before the commission in accordance with section 34-60-108 whenever23
	771	+	the commission or the director has evidence that an
	772	+	ENERGY AND CARBON24
	773	+	MANAGEMENT operator is responsible for:25
757	774		(b) If the commission finds, after such hearing, that the
758		-	ENERGY AND
759		-	CARBON MANAGEMENT
760		-	operator is responsible under the legal standards
761		-	specified in paragraph (a) of this subsection (7), it
762		-	SUBSECTION (7)(a) OF
763		-	THIS SECTION
764		-	, THE COMMISSION may issue an order that prohibits the
765		-	issuance of any new permits to the
766		-	ENERGY AND CARBON MANAGEMENT
767		-	PAGE 18-HOUSE BILL 24-1346 operator, suspends any or all of the ENERGY AND CARBON MANAGEMENT
768		-	operator's certificates of clearance, or both. When the ENERGY AND CARBON
769		-	MANAGEMENT
770		-	operator demonstrates to the satisfaction of the commission
771		-	that it has brought each of the violations into compliance and that any
772		-	penalty not subject to judicial review or appeal has been paid, the
773		-	commission may vacate the order.
774		-	SECTION 8. In Colorado Revised Statutes, 34-60-124, amend (3),
775		-	(4)(a)(II), (4)(e)(II), (4)(f), (6)(a), (6)(c), (7), and (8)(b); and add (4)(g) as
776		-	follows:
777		-	34-60-124. Energy and carbon management cash fund -
778		-	definitions - repeal. (3) The money in the fund is subject to annual
779		-	appropriation by the general assembly; except that money deposited in the
780		-	fund constituting forfeited security or other financial assurance provided by
781		-	ENERGY AND CARBON MANAGEMENT operators in accordance with section
782		-	34-60-106 (3.5), (9)(c)(IV)(A), and (13) is continuously appropriated to the
783		-	commission for the purpose of fulfilling obligations under this article 60
784		-	upon which an
785		-	ENERGY AND CARBON MANAGEMENT operator has defaulted.
786		-	(4) The fund may be expended:
787		-	(a) By the commission, or by the director at the commission's
788		-	direction, prior to, during, or after the conduct of any operations subject to
789		-	the authority of the commission to:
790		-	(II) Gather background or baseline data on any air, water, soil, or
791		-	biological resource that the commission determines may be so impacted by
792		-	the conduct of oil and gas ENERGY AND CARBON MANAGEMENT operations;
793		-	and
794		-	(e) (II) This subsection (4)(e) is repealed, effective July 1, 2025; and
795		-	(f) To create and maintain the website described in section
796		-	34-60-106 (22);
797		-	AND
798		-	(g) BY THE COMMISSION FOR THE PURPOSE OF INFORMATION
799		-	TECHNOLOGY INITIATIVES
800		-	.
801		-	(6) For the purposes provided for in subsection (4) of this section,
802		-	PAGE 19-HOUSE BILL 24-1346 the commission is authorized to:
803		-	(a) Enter onto any lands or waters, public or private; and, except in
804		-	emergency situations, the commission shall provide reasonable notice prior
805		-	to such entry in order to allow a surface owner, local government designee,
806		-	ENERGY AND CARBON MANAGEMENT operator, or responsible party to be
807		-	present and to obtain duplicate samples and copies of analytical reports;
808		-	(c) Confiscate and sell for salvage any equipment abandoned by a
809		-	responsible party at a location where the conduct of oil and gas
810		-	ENERGY
811		-	AND CARBON MANAGEMENT
812		-	operations has resulted in a significant adverse
813		-	environmental impact; except that this authority shall be
814		-	IS subject to and
815		-	secondary to any valid liens, security interests, or other legal interests in
816		-	such equipment asserted by any taxing authority or by any creditor of the
817		-	responsible party.
818		-	(7) If the commission determines that mitigation of a significant
819		-	adverse environmental impact on any air, water, soil, or biological resource
820		-	is necessary as a result of the conduct of oil and gas
821		-	ENERGY AND CARBON
822		-	MANAGEMENT
823		-	operations, the commission shall issue an order requiring the
824		-	responsible party to perform such
825		-	THE mitigation. If the responsible party
826		-	cannot be identified or refuses to comply with such THE order, the
827		-	commission shall authorize the necessary expenditures from the fund. The
828		-	commission shall bring suit in the second judicial district to recover such
829		-	THE expenditures from any responsible party who THAT refuses to perform
830		-	such THE mitigation or any responsible party who THAT is subsequently
831		-	identified, such THE action to be brought within a two-year period from
832		-	AFTER the date that final expenditures were authorized. Moneys MONEY
833		-	recovered as a result of such THE suit shall MUST first be applied to the
834		-	commission's legal costs and attorney fees and shall MUST then be credited
835		-	to the fund.
836		-	(8) As used in this section:
837		-	(b) (I) "Responsible party" means any person who conducts an oil
838		-	and gas ENERGY AND CARBON MANAGEMENT operation in a manner that
839		-	violates any then-applicable provision of this article 60, or of any rule or
840		-	order of the commission, or of any permit that threatens to cause, or actually
841		-	causes, a significant adverse environmental impact to any air, water, soil,
842		-	or biological resource. "Responsible party" includes any person who
843		-	PAGE 20-HOUSE BILL 24-1346 disposes of any other waste by mixing it with exploration and production
844		-	waste that threatens to cause, or actually causes, a significant adverse
845		-	environmental impact to any air, water, soil, or biological resource.
846		-	(II) Except as otherwise provided in subsection (8)(b)(I) of this
847		-	section, "responsible party" does not include any landowner, whether of the
848		-	surface estate, mineral estate, or both, who does not engage in, or assume
849		-	responsibility for, the conduct of oil and gas
850		-	ENERGY AND CARBON
851		-	MANAGEMENT
852		-	operations.
853		-	SECTION 9. In Colorado Revised Statutes, amend 34-60-131 as
854		-	follows:
855		-	34-60-131. No land use preemption. Local governments and state
856		-	agencies, including the commission and agencies listed in section 34-60-105
857		-	(1)(b), have regulatory authority over oil and gas development
858		-	ENERGY AND
859		-	CARBON MANAGEMENT OPERATIONS
860		-	, including as specified in section
861		-	34-60-105 (1)(b). A local government's regulations may be more protective
862		-	or stricter than state requirements.
863		-	SECTION 10. In Colorado Revised Statutes, 34-60-134, repeal
864		-	(1)(b) as follows:
865		-	34-60-134. Reporting of water used in oil and gas operations -
866		-	cumulative reporting - definitions - rules - repeal. (1) Definitions. As
867		-	used in this section and in section 34-60-135, unless the context otherwise
868		-	requires:
869		-	(b) "Disproportionately impacted community" has the meaning set
870		-	forth in section 24-4-109 (2)(b)(II).
871		-	SECTION 11. In Colorado Revised Statutes, add 34-60-140,
872		-	34-60-141, 34-60-142, and 34-60-143 as follows:
873		-	34-60-140. Ownership of geologic storage resources and
874		-	injection carbon dioxide - legislative declaration. (1) T
875		-	HE GENERAL
876		-	ASSEMBLY DECLARES THAT THIS SECTION IS INTENDED TO ALLOW FOR THE
877		-	PERMANENT USE OF GEOLOGIC STORAGE RESOURCES FOR GEOLOGIC
878		-	STORAGE OPERATIONS AND IS NOT INTENDED TO IMPACT THE USE OR
879		-	OWNERSHIP OF THE SUBSURFACE FOR CONJUNCTIVE USE OF SURFACE AND
880		-	PAGE 21-HOUSE BILL 24-1346 GROUNDWATER RESOURCES , ARTIFICIAL RECHARGE , STORAGE, AND
881		-	EXTRACTION INTENDED TO MAXIMIZE UTILIZATION OF WATER FOR
882		-	BENEFICIAL USE OR OTHER OPERATIONS
883		-	.
	775	+	ENERGY26
	776	+	AND CARBON MANAGEMENT operator is responsible under the legal27
	777	+	1346
	778	+	-24- standards specified in paragraph (a) of this subsection (7), it SUBSECTION1
	779	+	(7)(a)
	780	+	OF THIS SECTION, THE COMMISSION may issue an order that prohibits2
	781	+	the issuance of any new permits to the
	782	+	ENERGY AND CARBON3
	783	+	MANAGEMENT operator, suspends any or all of the ENERGY AND CARBON4
	784	+	MANAGEMENT operator's certificates of clearance, or both. When the5
	785	+	ENERGY AND CARBON MANAGEMENT operator demonstrates to the6
	786	+	satisfaction of the commission that it has brought each of the violations7
	787	+	into compliance and that any penalty not subject to judicial review or8
	788	+	appeal has been paid, the commission may vacate the order.9
	789	+	SECTION 8. In Colorado Revised Statutes, 34-60-124, amend10
	790	+	(3), (4)(a)(II),
	791	+	(4)(e)(II), (4)(f), (6)(a), (6)(c), (7), and (8)(b); and add11
	792	+	(4)(g) as follows:12
	793	+	34-60-124. Energy and carbon management cash fund -13
	794	+	definitions - repeal. (3) The money in the fund is subject to annual14
	795	+	appropriation by the general assembly; except that money deposited in the15
	796	+	fund constituting forfeited security or other financial assurance provided16
	797	+	by
	798	+	ENERGY AND CARBON MANAGEMENT operators in accordance with17
	799	+	section 34-60-106 (3.5), (9)(c)(IV)(A), and (13) is continuously18
	800	+	appropriated to the commission for the purpose of fulfilling obligations19
	801	+	under this article 60 upon which an
	802	+	ENERGY AND CARBON MANAGEMENT20
	803	+	operator has defaulted.21
	804	+	(4) The fund may be expended:22
	805	+	(a) By the commission, or by the director at the commission's23
	806	+	direction, prior to, during, or after the conduct of any operations subject24
	807	+	to the authority of the commission to:25
	808	+	(II) Gather background or baseline data on any air, water, soil, or26
	809	+	biological resource that the commission determines may be so impacted27
	810	+	1346
	811	+	-25- by the conduct of oil and gas ENERGY AND CARBON MANAGEMENT1
	812	+	operations; and2
	813	+	(e) (II) This subsection (4)(e) is repealed, effective July 1, 2025;3
	814	+	and4
	815	+	(f) To create and maintain the website described in section5
	816	+	34-60-106 (22); AND6
	817	+	(g) BY THE COMMISSION FOR THE PURPOSE OF INFORMATION7
	818	+	TECHNOLOGY INITIATIVES.8
	819	+	(6) For the purposes provided for in subsection (4) of this section,9
	820	+	the commission is authorized to:10
	821	+	(a) Enter onto any lands or waters, public or private; and, except11
	822	+	in emergency situations, the commission shall provide reasonable notice12
	823	+	prior to such entry in order to allow a surface owner, local government13
	824	+	designee,
	825	+	ENERGY AND CARBON MANAGEMENT operator, or responsible14
	826	+	party to be present and to obtain duplicate samples and copies of15
	827	+	analytical reports;16
	828	+	(c) Confiscate and sell for salvage any equipment abandoned by17
	829	+	a responsible party at a location where the conduct of oil and gas
	830	+	ENERGY18
	831	+	AND CARBON MANAGEMENT operations has resulted in a significant19
	832	+	adverse environmental impact; except that this authority shall be IS20
	833	+	subject to and secondary to any valid liens, security interests, or other21
	834	+	legal interests in such equipment asserted by any taxing authority or by22
	835	+	any creditor of the responsible party.23
	836	+	(7) If the commission determines that mitigation of a significant24
	837	+	adverse environmental impact on any air, water, soil, or biological25
	838	+	resource is necessary as a result of the conduct of oil and gas ENERGY26
	839	+	AND CARBON MANAGEMENT operations, the commission shall issue an27
	840	+	1346
	841	+	-26- order requiring the responsible party to perform such THE mitigation. If1
	842	+	the responsible party cannot be identified or refuses to comply with such2
	843	+	THE order, the commission shall authorize the necessary expenditures3
	844	+	from the fund. The commission shall bring suit in the second judicial4
	845	+	district to recover such THE expenditures from any responsible party who5
	846	+	THAT refuses to perform such THE mitigation or any responsible party6
	847	+	who THAT is subsequently identified, such THE action to be brought7
	848	+	within a two-year period from AFTER the date that final expenditures were8
	849	+	authorized. Moneys MONEY recovered as a result of such THE suit shall9
	850	+	MUST first be applied to the commission's legal costs and attorney fees10
	851	+	and shall MUST then be credited to the fund.11
	852	+	(8) As used in this section:12
	853	+	(b) (I) "Responsible party" means any person who conducts an oil13
	854	+	and gas ENERGY AND CARBON MANAGEMENT operation in a manner that14
	855	+	violates any then-applicable provision of this article 60, or of any rule or15
	856	+	order of the commission, or of any permit that threatens to cause, or16
	857	+	actually causes, a significant adverse environmental impact to any air,17
	858	+	water, soil, or biological resource. "Responsible party" includes any18
	859	+	person who disposes of any other waste by mixing it with exploration and19
	860	+	production waste that threatens to cause, or actually causes, a significant20
	861	+	adverse environmental impact to any air, water, soil, or biological21
	862	+	resource.22
	863	+	(II) Except as otherwise provided in subsection (8)(b)(I) of this23
	864	+	section, "responsible party" does not include any landowner, whether of24
	865	+	the surface estate, mineral estate, or both, who does not engage in, or25
	866	+	assume responsibility for, the conduct of oil and gas ENERGY AND26
	867	+	CARBON MANAGEMENT operations.27
	868	+	1346
	869	+	-27- SECTION 9. In Colorado Revised Statutes, amend 34-60-131 as1
	870	+	follows:2
	871	+	34-60-131. No land use preemption. Local governments and3
	872	+	state agencies, including the commission and agencies listed in section4
	873	+	34-60-105 (1)(b), have regulatory authority over oil and gas development5
	874	+	ENERGY AND CARBON MANAGEMENT OPERATIONS , including as specified6
	875	+	in section 34-60-105 (1)(b). A local government's regulations may be7
	876	+	more protective or stricter than state requirements.8
	877	+	SECTION 10. In Colorado Revised Statutes, 34-60-134, repeal9
	878	+	(1)(b) as follows:10
	879	+	34-60-134. Reporting of water used in oil and gas operations11
	880	+	- cumulative reporting - definitions - rules - repeal. (1) Definitions.12
	881	+	As used in this section and in section 34-60-135, unless the context13
	882	+	otherwise requires:14
	883	+	(b) "Disproportionately impacted community" has the meaning set15
	884	+	forth in section 24-4-109 (2)(b)(II).16
	885	+	SECTION 11. In Colorado Revised Statutes, add 34-60-140,17
	886	+	34-60-141, 34-60-142, and 34-60-143 as follows:18
	887	+	19
	888	+	34-60-140. Ownership of geologic storage resources and20
	889	+	injection carbon dioxide - legislative declaration. (1) T HE GENERAL21
	890	+	ASSEMBLY DECLARES THAT THIS SECTION IS INTENDED TO ALLOW FOR THE22
	891	+	PERMANENT USE OF GEOLOGIC STORAGE RESOURCES FOR GEOLOGIC23
	892	+	STORAGE OPERATIONS AND IS NOT INTENDED TO IMPACT THE USE OR24
	893	+	OWNERSHIP OF THE SUBSURFACE FOR CONJUNCTIVE USE OF SURFACE AND25
	894	+	GROUNDWATER RESOURCES , ARTIFICIAL RECHARGE, STORAGE, AND26
	895	+	EXTRACTION INTENDED TO MAXIMIZE UTILIZATION OF WATER FOR27
	896	+	1346
	897	+	-28- BENEFICIAL USE OR OTHER OPERATIONS .1
884	898		(2) (a) E
885		-	XCEPT AS SET FORTH IN SUBSECTION (5) OF THIS SECTION:
	899	+	XCEPT AS SET FORTH IN SUBSECTION
	900	+	(5) OF THIS SECTION:2
886	901		(I) I
887		-	F OWNERSHIP OF THE SEQUESTRATION ESTATE HAS NOT BEEN
888		-	SEPARATELY SEVERED
889		-	, CONVEYED, OR RESERVED PURSUANT TO SUBSECTION
890		-	(2)(b) OF THIS SECTION, IT IS PRESUMED THAT OWNERSHIP OF THE
891		-	SEQUESTRATION ESTATE IN THE STATE IS VESTED IN THE OWNER OF THE
892		-	OVERLYING SURFACE ESTATE
893		-	; AND
894		-	(II) OWNERSHIP OF INJECTION CARBON DIOXIDE AND THE FACILITIES
895		-	AND EQUIPMENT THAT STORE INJECTION CARBON DIOXIDE IN THE STATE IS
896		-	VESTED IN
897		-	:
	902	+	F OWNERSHIP OF THE SEQUESTRATION ESTATE HAS NOT BEEN3
	903	+	SEPARATELY SEVERED , CONVEYED, OR RESERVED PURSUANT TO4
	904	+	SUBSECTION (2)(b) OF THIS SECTION, IT IS PRESUMED THAT OWNERSHIP OF5
	905	+	THE SEQUESTRATION ESTATE IN THE STATE IS VESTED IN THE OWNER OF6
	906	+	THE OVERLYING SURFACE ESTATE ; AND7
	907	+	(II) O
	908	+	WNERSHIP OF
	909	+	INJECTION CARBON DIOXIDE AND THE8
	910	+	FACILITIES AND EQUIPMENT THAT STORE INJECTION CARBON DIOXIDE IN9
	911	+	THE STATE IS VESTED IN:10
898	912		(A) T
899		-	HE PERSON THAT INJECTS THE ~~INJECTION CARBON DIOXIDE INTO~~
900		-	~~A GEOLOGIC STORAGE RESOURCE~~
901		-	; OR
902		-	(B) ~~ANY PERSON CONVEYED TITLE TO THE INJECTION CARBON~~
903		-	~~DIOXIDE OR~~ THE ~~FACILITIES AND EQUIPMENT THAT STORE THE INJECTION~~
904		-	~~CARBON DIOXIDE BY THE PERSON DESCRIBED IN SUBSECTION~~
905		-	~~(2)(a)(II)(A) OF~~
906		-	~~THIS SECTION~~
907		-	.
	913	+	HE PERSON THAT INJECTS THE
	914	+	INJECTION CARBON DIOXIDE11
	915	+	INTO A GEOLOGIC STORAGE RESOURCE ; OR12
	916	+	(B) A
	917	+	NY PERSON CONVEYED TITLE TO THE
	918	+	INJECTION CARBON13
	919	+	DIOXIDE OR THE FACILITIES AND EQUIPMENT THAT STORE THE INJECTION14
	920	+	CARBON DIOXIDE BY THE PERSON DESCRIBED IN SUBSECTION (2)(a)(II)(A)15
	921	+	OF THIS SECTION.16
908	922		(b) O
909		-	WNERSHIP OF A SEQUESTRATION ESTATE MAY BE :
	923	+	WNERSHIP OF A SEQUESTRATION ESTATE MAY BE :17
910	924		(I) S
911		-	EVERED FROM THE OWNERSHIP OF THE OVERLYING SURFACE
912		-	ESTATE
913		-	; AND
914		-	(II) CONVEYED OR RESERVED IN THE SAME MANNER AS OWNERSHIP
915		-	OF A MINERAL ESTATE
916		-	.
	925	+	EVERED FROM THE OWNERSHIP OF THE OVERLYING SURFACE18
	926	+	ESTATE; AND19
	927	+	(II) C
	928	+	ONVEYED OR RESERVED IN THE SAME MANNER AS OWNERSHIP20
	929	+	OF A MINERAL ESTATE.21
917	930		(3) A
918		-	NY CONVEYANCE OF THE OWNERSHIP OF AN OVERLYING
919		-	SURFACE ESTATE ALSO CONVEYS ALL OF THE GRANTOR
920		-	'S OWNERSHIP OF ANY
921		-	SEQUESTRATION ESTATE UNLESS
922		-	:
	931	+	NY CONVEYANCE OF THE OWNERSHIP OF AN OVERLYING22
	932	+	SURFACE ESTATE ALSO CONVEYS ALL OF THE GRANTOR 'S OWNERSHIP OF23
	933	+	ANY SEQUESTRATION ESTATE UNLESS :24
923	934		(a) T
924		-	HE CONVEYANCE INSTRUMENT EXPRESSLY RESERVES THE
925		-	SEQUESTRATION ESTATE
926		-	, INCLUDING BY BROAD RESERVATION OF PORE
927		-	SPACE
928		-	; OR
929		-	PAGE 22-HOUSE BILL 24-1346 (b) THE SEQUESTRATION ESTATE HAS BEEN PREVIOUSLY SEVERED ,
930		-	BY RESERVATION OR CONVEYANCE , FROM THE OWNERSHIP OF THE
931		-	OVERLYING SURFACE ESTATE
932		-	.
	935	+	HE CONVEYANCE INSTRUMENT EXPRESSLY RESERVES THE25
	936	+	SEQUESTRATION ESTATE, INCLUDING BY BROAD RESERVATION OF PORE26
	937	+	SPACE; OR27
	938	+	1346
	939	+	-29- (b) THE SEQUESTRATION ESTATE HAS BEEN PREVIOUSLY SEVERED ,1
	940	+	BY RESERVATION OR CONVEYANCE , FROM THE OWNERSHIP OF THE2
	941	+	OVERLYING SURFACE ESTATE .3
933	942		(4) A
934		-	CONVEYANCE OF THE OWNERSHIP OF A MINERAL ESTATE OR
935		-	ANOTHER SUBSURFACE INTEREST DOES NOT CONVEY THE GRANTOR
936		-	'S
937		-	OWNERSHIP IN THE SEQUESTRATION ESTATE UNLESS THE CONVEYANCE
938		-	INSTRUMENT EXPRESSLY PROVIDES FOR CONVEYANCE OF THE GRANTOR
939		-	'S
940		-	OWNERSHIP OF THE SEQUESTRATION ESTATE
941		-	.
942		-	(5) N
943		-	OTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY ,
944		-	NOTHING IN THIS SECTION:
	943	+	CONVEYANCE OF THE OWNERSHIP OF A MINERAL ESTATE OR4
	944	+	ANOTHER SUBSURFACE INTEREST DOES NOT CONVEY THE GRANTOR 'S5
	945	+	OWNERSHIP IN THE SEQUESTRATION ESTATE UNLESS THE CONVEYANCE6
	946	+	INSTRUMENT EXPRESSLY PROVIDES FOR CONVEYANCE OF THE GRANTOR 'S7
	947	+	OWNERSHIP OF THE SEQUESTRATION ESTATE .8 9
	948	+	(5) NOTWITHSTANDING ANY PROVISION OF LAW TO THE10
	949	+	CONTRARY, NOTHING IN THIS SECTION:11
945	950		(a) A
946		-	FFECTS ANY OWNERSHIP OR RIGHTS TO PORE SPACE , A
947		-	SEQUESTRATION ESTATE
948		-	, OR INJECTION CARBON DIOXIDE OR TO FACILITIES
949		-	AND EQUIPMENT THAT STORE INJECTION CARBON DIOXIDE THAT ARE
950		-	ACQUIRED OR RESERVED BEFORE THE EFFECTIVE DATE OF
951		-	HOUSE BILL
952		-	24-1346, ENACTED IN 2024;
	951	+	FFECTS ANY OWNERSHIP OR RIGHTS TO PORE SPACE , A12
	952	+	SEQUESTRATION ESTATE, OR
	953	+	INJECTION CARBON DIOXIDE OR TO FACILITIES13
	954	+	AND EQUIPMENT THAT STORE INJECTION CARBON DIOXIDE THAT ARE14
	955	+	ACQUIRED OR RESERVED BEFORE THE EFFECTIVE DATE OF HOUSE BILL15
	956	+	24-1346, ENACTED IN 2024;16
953	957		(b) C
954		-	HANGES OR ALTERS THE COMMON LAW AS OF THE ~~EFFECTIVE~~
	958	+	HANGES OR ALTERS THE COMMON LAW AS OF THE EFFECTIVE17
955	959		DATE OF
956		-	HOUSE BILL 24-1346, ENACTED IN 2024, AS IT RELATES TO THE
957		-	OWNERSHIP OF REAL PROPERTY
958		-	, INCLUDING SURFACE ESTATES, PORE SPACE,
959		-	OR A MINERAL ESTATE, OR TO THE RIGHTS OR DOMINANCE OF A MINERAL
960		-	ESTATE
961		-	;
	960	+	HOUSE BILL 24-1346, ENACTED IN 2024, AS IT RELATES TO THE18
	961	+	OWNERSHIP OF REAL PROPERTY , INCLUDING SURFACE ESTATES , PORE19
	962	+	SPACE, OR A MINERAL ESTATE, OR TO THE RIGHTS OR DOMINANCE OF A20
	963	+	MINERAL ESTATE; 21
962	964		(c) A
963		-	FFECTS THE ABILITY OF AN OWNER OF PORE SPACE TO :
	965	+	FFECTS THE ABILITY OF AN OWNER OF PORE SPACE TO :22
964	966		(I) B
965		-	ROADLY CONVEY OR RESERVE ALL OF THE OWNER 'S RIGHT,
966		-	TITLE, AND INTEREST IN AND TO PORE SPACE , INCLUDING THE OWNER'S
967		-	INTEREST IN A SEQUESTRATION ESTATE
968		-	; OR
969		-	(II) CONVEY OR RESERVE ANY RIGHT, TITLE, OR INTEREST IN AND TO
970		-	ESTATES IN PORE SPACE OTHER THAN THE SEQUESTRATION ESTATE
971		-	; OR
972		-	(d) AFFECTS THE OWNERSHIP OR RIGHTS TO PORE SPACE OR A
973		-	SEQUESTRATION ESTATE WITHIN THE EXTERIOR BOUNDARIES OF AN
974		-	INDIAN
975		-	RESERVATION LOCATED WITHIN THE STATE
976		-	.
977		-	34-60-141. Geologic storage units - legislative declaration -
	967	+	ROADLY CONVEY OR RESERVE ALL OF THE OWNER 'S RIGHT,23
	968	+	TITLE, AND INTEREST IN AND TO PORE SPACE , INCLUDING THE OWNER'S24
	969	+	INTEREST IN A SEQUESTRATION ESTATE; OR25
	970	+	(II) C
	971	+	ONVEY OR RESERVE ANY RIGHT, TITLE, OR INTEREST IN AND26
	972	+	TO ESTATES IN PORE SPACE OTHER THAN THE SEQUESTRATION ESTATE ; OR
	973	+	27
	974	+	1346
	975	+	-30- (d) AFFECTS THE OWNERSHIP OR RIGHTS TO PORE SPACE OR A1
	976	+	SEQUESTRATION ESTATE WITHIN THE EXTERIOR BOUNDARIES OF AN INDIAN2
	977	+	RESERVATION LOCATED WITHIN THE STATE .3
	978	+	34-60-141. Geologic storage units - legislative declaration -4
978	979		definitions. (1) T
979		-	HE GENERAL ASSEMBLY DECLARES THAT THE ~~PURPOSE OF~~
980		-	~~PAGE 23-HOUSE BILL 24-1346~~ THIS SECTION IS THE PROTECTION OF CORRELATIVE RIGHTS, ~~FACILITATION OF~~
981		-	COLORADO'S ENERGY RESOURCES , AND FACILITATION ~~OF THE USE OF~~
982		-	GEOLOGIC STORAGE RESOURCES FOR GEOLOGIC ~~STORAGE OPERATIONS~~
983		-	.
	980	+	HE GENERAL ASSEMBLY DECLARES THAT THE PURPOSE5
	981	+	OF THIS SECTION IS THE PROTECTION OF CORRELATIVE RIGHTS ,6
	982	+	FACILITATION OF COLORADO'S ENERGY RESOURCES, AND FACILITATION OF7
	983	+	THE USE OF GEOLOGIC STORAGE RESOURCES FOR GEOLOGIC STORAGE8
	984	+	OPERATIONS.9
984	985		(2) A
985		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
986		-	REQUIRES
987		-	:
	986	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
	987	+	REQUIRES:11
988	988		(a) "G
989		-	EOLOGIC STORAGE UNIT ORDER " MEANS AN ORDER THAT
990		-	PROVIDES FOR THE FORMATION OF A GEOLOGIC STORAGE UNIT AND THAT IS
991		-	ENTERED BY THE COMMISSION PURSUANT TO SUBSECTION
992		-	(4)(b) OF THIS
993		-	SECTION
994		-	.
	989	+	EOLOGIC STORAGE UNIT ORDER " MEANS AN ORDER THAT12
	990	+	PROVIDES FOR THE FORMATION OF A GEOLOGIC STORAGE UNIT AND THAT13
	991	+	IS ENTERED BY THE COMMISSION PURSUANT TO SUBSECTION (4)(b) OF THIS14
	992	+	SECTION.15
995	993		(b) "P
996		-	LAN" MEANS A PLAN FOR GEOLOGIC STORAGE OPERATIONS OF
997		-	THE GEOLOGIC STORAGE UNIT APPROVED BY THE COMMISSION PURSUANT TO
998		-	SUBSECTION
999		-	(4)(c)(II) OF THIS SECTION.
	994	+	LAN" MEANS A PLAN FOR GEOLOGIC STORAGE OPERATIONS16
	995	+	OF THE GEOLOGIC STORAGE UNIT APPROVED BY THE COMMISSION17
	996	+	PURSUANT TO SUBSECTION (4)(c)(II) OF THIS SECTION.18
1000	997		(3) A
1001		-	N AGREEMENT FOR GEOLOGIC STORAGE OR GEOLOGIC STORAGE
1002		-	OPERATIONS
1003		-	, OR FOR CARRYING ON ANY OTHER METHODS OF UNIT OR
1004		-	COOPERATIVE DEVELOPMENT OR OPERATION OF A GEOLOGIC STORAGE
1005		-	RESOURCE
1006		-	, IS AUTHORIZED AND MAY BE PERFORMED , AND, IF THE
1007		-	AGREEMENT IS APPROVED BY THE COMMISSION AS BEING IN THE PUBLIC
1008		-	INTEREST OR IS REASONABLY NECESSARY FOR GEOLOGIC STORAGE
1009		-	OPERATIONS
1010		-	, DOES NOT VIOLATE ANY STATUTES RELATING TO TRUSTS ,
1011		-	MONOPOLIES, OR CONTRACTS AND COMBINATIONS IN RESTRAINT OF TRADE .
1012		-	(4) (a) U
1013		-	PON THE APPLICATION OF ANY INTERESTED PERSON , THE
1014		-	COMMISSION SHALL HOLD A HEARING TO CONSIDER THE NEED FOR A
1015		-	GEOLOGIC STORAGE UNIT
1016		-	.
	998	+	N AGREEMENT FOR GEOLOGIC STORAGE OR GEOLOGIC19
	999	+	STORAGE OPERATIONS, OR FOR CARRYING ON ANY OTHER MET HODS OF20
	1000	+	UNIT OR COOPERATIVE DEVELOPMENT OR OPERATION OF A GEOLOGIC21
	1001	+	STORAGE RESOURCE, IS AUTHORIZED AND MAY BE PERFORMED , AND, IF22
	1002	+	THE AGREEMENT IS APPROVED BY THE COMMISSION AS BEING IN THE23
	1003	+	PUBLIC INTEREST OR IS REASONABLY NECESSARY FOR GEOLOGIC STORAGE24
	1004	+	OPERATIONS, DOES NOT VIOLATE ANY STATUTES RELATING TO TRUSTS ,25
	1005	+	MONOPOLIES, OR CONTRACTS AND COMBINATIONS IN RESTRAINT OF26
	1006	+	TRADE.27
	1007	+	1346
	1008	+	-31- (4) (a) UPON THE APPLICATION OF ANY INTERESTED PERSON , THE1
	1009	+	COMMISSION SHALL HOLD A HEARING TO CONSIDER THE NEED FOR A2
	1010	+	GEOLOGIC STORAGE UNIT.3
1017	1011		(b) T
1018		-	HE COMMISSION SHALL ENTER AN ORDER PROVIDING FOR THE
1019		-	FORMATION OF A GEOLOGIC STORAGE UNIT IF THE COMMISSION FINDS THAT
1020		-	THE GEOLOGIC STORAGE UNIT IS REASONABLY NECESSARY TO EFFECTUATE
1021		-	A GEOLOGIC STORAGE PROJECT
1022		-	. THE GEOLOGIC STORAGE UNIT AREA OF A
1023		-	GEOLOGIC STORAGE UNIT MUST BE BASED ON SITE CHARACTERIZATION AND
1024		-	MODELING CONDUCTED PURSUANT TO THE FEDERAL
1025		-	"SAFE DRINKING
1026		-	WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS AMENDED, AND ANY RULES
1027		-	ESTABLISHED BY THE COMMISSION PURSUANT TO THE FEDERAL ACT
1028		-	.
	1012	+	HE COMMISSION SHALL ENTER AN ORDER PROVIDING FOR THE4
	1013	+	FORMATION OF A GEOLOGIC STORAGE UNIT IF THE COMMISSION FINDS THAT5
	1014	+	THE GEOLOGIC STORAGE UNIT IS REASONABLY NECESSARY TO EFFECTUATE6
	1015	+	A GEOLOGIC STORAGE PROJECT. THE GEOLOGIC STORAGE UNIT AREA OF A7
	1016	+	GEOLOGIC STORAGE UNIT MUST BE BASED ON SITE CHARACTERIZATION8
	1017	+	AND MODELING CONDUCTED PURSUANT TO THE FEDERAL "SAFE DRINKING9
	1018	+	W
	1019	+	ATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS AMENDED, AND ANY RULES10
	1020	+	ESTABLISHED BY THE COMMISSION PURSUANT TO THE FEDERAL ACT .11
1029	1021		(c) A
1030		-	GEOLOGIC STORAGE UNIT ORDER MUST :
1031		-	~~PAGE 24-HOUSE BILL 24-1346~~ (I) ~~INCLUDE TERMS AND CONDITIONS THAT ARE JUST AND~~
1032		-	~~REASONABLE~~
1033		-	;
	1022	+	GEOLOGIC STORAGE UNIT ORDER MUST :12
	1023	+	(I) I
	1024	+	NCLUDE TERMS AND CONDITIONS THAT ARE JUST AND13
	1025	+	REASONABLE;14
1034	1026		(II) E
1035		-	STABLISH A PLAN FOR OPERATIONS OF THE GEOLOGIC STORAGE
1036		-	UNIT
1037		-	, WHICH PLAN MUST INCLUDE:
	1027	+	STABLISH A PLAN FOR OPERATIONS OF THE GEOLOGIC15
	1028	+	STORAGE UNIT, WHICH PLAN MUST INCLUDE:16
1038	1029		(A) A
1039		-	DESCRIPTION OF THE GEOLOGIC STORAGE UNIT AREA ;
	1030	+	DESCRIPTION OF THE GEOLOGIC STORAGE UNIT AREA ;17
1040	1031		(B) A
1041		-	DESCRIPTION OF THE OPERATIONS THAT WILL BE CONDUCTED
1042		-	IN THE GEOLOGIC STORAGE UNIT AREA
1043		-	;
	1032	+	DESCRIPTION OF THE OPERATIONS THAT WILL BE CONDUCTED18
	1033	+	IN THE GEOLOGIC STORAGE UNIT AREA ;19
1044	1034		(C) A
1045		-	DETERMINATION OF THE PERCENTAGE OF EACH GEOLOGIC
1046		-	STORAGE RESOURCE ALLOCATED TO EACH SEPARATELY OWNED TRACT
1047		-	WITHIN THE GEOLOGIC STORAGE UNIT AREA
1048		-	;
	1035	+	DETERMINATION OF THE PERCENTAGE OF EACH GEOLOGIC20
	1036	+	STORAGE RESOURCE ALLOCATED TO EACH SEPARATELY OWNED TRACT21
	1037	+	WITHIN THE GEOLOGIC STORAGE UNIT AREA ;22
1049	1038		(D) A
1050		-	DESCRIPTION OF THE METHOD BY WHICH EACH OWNER OF A
1051		-	SEQUESTRATION ESTATE INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA
1052		-	WILL BE ALLOCATED COMPENSATION RELATED TO THE USE OF THE
1053		-	SEQUESTRATION ESTATE
1054		-	;
	1039	+	DESCRIPTION OF THE METHOD BY WHICH EACH OWNER OF A23
	1040	+	SEQUESTRATION ESTATE INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA24
	1041	+	WILL BE ALLOCATED COMPENSATION RELATED TO THE USE OF THE25
	1042	+	SEQUESTRATION ESTATE;26
1055	1043		(E) A
1056		-	DESCRIPTION OF THE MANNER IN WHICH THE GEOLOGIC
1057		-	STORAGE UNIT AREA WILL BE SUPERVISED AND MANAGED AND
1058		-	, IF
1059		-	APPLICABLE
1060		-	, HOW COSTS RELATED TO OPERATIONS OF THE GEOLOGIC
1061		-	STORAGE UNIT WILL BE ALLOCATED AND PAID
1062		-	;
	1044	+	DESCRIPTION OF THE MANNER IN WHICH THE GEOLOGIC27
	1045	+	1346
	1046	+	-32- STORAGE UNIT AREA WILL BE SUPERVISED AND MANAGED AND , IF1
	1047	+	APPLICABLE, HOW COSTS RELATED TO OPERATIONS OF THE GEOLOGIC2
	1048	+	STORAGE UNIT WILL BE ALLOCATED AND PAID ;3
1063	1049		(F) T
1064		-	HE TIME WHEN OPERATIONS OF THE GEOLOGIC STORAGE UNIT
1065		-	WILL COMMENCE AND THE M ANNER IN WHICH
1066		-	, AND THE CIRCUMSTANCES
1067		-	UNDER WHICH
1068		-	, OPERATIONS OF THE GEOLOGIC STORAGE UNIT WILL
1069		-	TERMINATE
1070		-	; AND
1071		-	(G) ANY ADDITIONAL PROVISIONS THAT ARE FOUND TO BE
1072		-	APPROPRIATE FOR CONDUCTING OPERATIONS OF THE GEOLOGIC STORAGE
1073		-	UNIT AND FOR THE PROTECTION OF CORRELATIVE RIGHTS
1074		-	.
	1050	+	HE TIME WHEN OPERATIONS OF THE GEOLOGIC STORAGE UNIT4
	1051	+	WILL COMMENCE AND THE MANNER IN WHICH , AND THE CIRCUMSTANCES5
	1052	+	UNDER WHICH, OPERATIONS OF THE GEOLOGIC STORAGE UNIT WILL6
	1053	+	TERMINATE; AND7
	1054	+	(G) A
	1055	+	NY ADDITIONAL PROVISIONS THAT ARE FOUND TO BE8
	1056	+	APPROPRIATE FOR CONDUCTING OPERATIONS OF THE GEOLOGIC STORAGE9
	1057	+	UNIT AND FOR THE PROTECTION OF CORRELATIVE RIGHTS .10
1075	1058		(d) A
1076		-	GEOLOGIC STORAGE UNIT ORDER IS EFFECTIVE ONLY IF :
	1059	+	GEOLOGIC STORAGE UNIT ORDER IS EFFECTIVE ONLY IF :11
1077	1060		(I) T
1078		-	HE PLAN HAS BEEN APPROVED IN WRITING BY THOSE PERSONS
1079		-	THAT
1080		-	, PURSUANT TO THE GEOLOGIC STORAGE UNIT ORDER , COLLECTIVELY
1081		-	OWN AT LEAST SEVENTY
1082		-	-FIVE PERCENT OF THE GEOLOGIC STORAGE
1083		-	RESOURCES INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA
1084		-	; AND
1085		-	PAGE 25-HOUSE BILL 24-1346 (II) THE COMMISSION MAKES A FINDING IN THE GEOLOGIC STORAGE
1086		-	UNIT ORDER THAT THE PLAN HAS BEEN APPROVED IN ACCORDANCE WITH
1087		-	SUBSECTION
1088		-	(4)(d)(I) OF THIS SECTION.
	1061	+	HE PLAN HAS BEEN APPROVED IN WRITING BY THOSE PERSONS12
	1062	+	THAT, PURSUANT TO THE GEOLOGIC STORAGE UNIT ORDER , COLLECTIVELY13
	1063	+	OWN AT LEAST SEVENTY -FIVE PERCENT OF THE GEOLOGIC STORAGE14
	1064	+	RESOURCES INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA ; AND15
	1065	+	(II) T
	1066	+	HE COMMISSION MAKES A FINDING IN THE GEOLOGIC STORAGE16
	1067	+	UNIT ORDER THAT THE PLAN HAS BEEN APPROVED IN ACCORDANCE WITH17
	1068	+	SUBSECTION (4)(d)(I) OF THIS SECTION.18
1089	1069		(5) A
1090		-	GEOLOGIC STORAGE UNIT ORDER MAY BE AMENDED BY AN
1091		-	ORDER MADE BY THE COMMISSION IN THE SAME MANNER AND SUBJECT TO
1092		-	THE SAME CONDITIONS AS THE ORIGINAL GEOLOGIC STORAGE UNIT ORDER
1093		-	.
	1070	+	GEOLOGIC STORAGE UNIT ORDER MAY BE AMENDED BY AN19
	1071	+	ORDER MADE BY THE COMMISSION IN THE SAME MANNER AND SUBJECT TO20
	1072	+	THE SAME CONDITIONS AS THE ORIGINAL GEOLOGIC STORAGE UNIT ORDER .21
1094	1073		(6) A
1095		-	NY OWNER OF A SEQUESTRATION ESTATE INCLUDED IN THE
1096		-	GEOLOGIC STORAGE UNIT AREA THAT IS NOT INCLUDED IN THE GEOLOGIC
1097		-	STORAGE UNIT ORDER MAY PETITION THE COMMISSION FOR INCLUSION IN THE
1098		-	GEOLOGIC STORAGE UNIT ORDER
1099		-	.
	1074	+	NY OWNER OF A SEQUESTRATION ESTATE INCLUDED IN THE22
	1075	+	GEOLOGIC STORAGE UNIT AREA THAT IS NOT INCLUDED IN THE GEOLOGIC23
	1076	+	STORAGE UNIT ORDER MAY PETITION THE COMMISSION FOR INCLUSION IN24
	1077	+	THE GEOLOGIC STORAGE UNIT ORDER .25
1100	1078		(7) N
1101		-	OTWITHSTANDING ANY PROVISION OF LAW TO ~~THE CONTRARY :~~
1102		-	~~(a) N~~
1103		-	~~OTHING IN THIS SECTION CONFERS ON ANY PERSON THE RIGHT~~
1104		-	~~OF EMINENT DOMAIN~~
1105		-	; ~~AND~~
1106		-	(b) A ~~GEOLOGIC STORAGE UNIT ORDER DOES NOT GRANT TO ANY~~
1107		-	~~PERSON THE RIGHT OF EMINENT DOMAIN~~
1108		-	.
	1079	+	OTWITHSTANDING ANY PROVISION OF LAW TO THE26
	1080	+	CONTRARY:27
	1081	+	1346
	1082	+	-33- (a) NOTHING IN THIS SECTION CONFERS ON ANY PERSON THE RIGHT1
	1083	+	OF EMINENT DOMAIN; AND2
	1084	+	(b) A
	1085	+	GEOLOGIC STORAGE UNIT ORDER DOES NOT GRANT TO ANY3
	1086	+	PERSON THE RIGHT OF EMINENT DOMAIN .4
1109	1087		(8) G
1110		-	EOLOGIC STORAGE OPERATIONS CONDUCTED PURSUANT TO A
1111		-	GEOLOGIC STORAGE UNIT ORDER
1112		-	, INCLUDING THE COMMENCEMENT ,
1113		-	DRILLING, OR OPERATION OF A CLASS VI INJECTION WELL ON ANY PORTION
1114		-	OF THE GEOLOGIC STORAGE UNIT AREA
1115		-	, CONSTITUTE, FOR ALL PURPOSES,
1116		-	GEOLOGIC STORAGE OPERATIONS ON EACH SEPARATELY OWNED TRACT IN
1117		-	THE GEOLOGIC STORAGE UNIT AREA BY THE OWNERS OF SEQUESTRATION
1118		-	ESTATES INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA
1119		-	.
	1088	+	EOLOGIC STORAGE OPERATIONS CONDUCTED PURSUANT TO5
	1089	+	A GEOLOGIC STORAGE UNIT ORDER , INCLUDING THE COMMENCEMENT ,6
	1090	+	DRILLING, OR OPERATION OF A CLASS VI INJECTION WELL ON ANY PORTION7
	1091	+	OF THE GEOLOGIC STORAGE UNIT AREA , CONSTITUTE, FOR ALL PURPOSES,8
	1092	+	GEOLOGIC STORAGE OPERATIONS ON EACH SEPARATELY OWNED TRACT IN9
	1093	+	THE GEOLOGIC STORAGE UNIT AREA BY THE OWNERS OF SEQUESTRATION10
	1094	+	ESTATES INCLUDED IN THE GEOLOGIC STORAGE UNIT AREA .11
1120	1095		(9) A
1121		-	GEOLOGIC STORAGE UNIT ORDER MUST NOT BE CONSTRUED TO
1122		-	RESULT IN A TRANSFER OF ALL OR ANY PART OF THE TITLE OF ANY PERSON
1123		-	TO THE SEQUESTRATION ESTATE OR ASSOCIATED RIGHTS IN ANY TRACT IN
1124		-	THE GEOLOGIC STORAGE UNIT AREA
1125		-	.
1126		-	34-60-142. Technical assistance to local governments. T
1127		-	O
1128		-	PROVIDE A LOCAL GOVERNMENT WITH TECHNICAL ASSISTANCE REGARDING
1129		-	THE LOCAL GOVERNMENT
1130		-	'S DEVELOPMENT OF LAND USE AND SITING
1131		-	REGULATIONS FOR GEOLOGIC STORAGE OPERATIONS
1132		-	, THE LOCAL
1133		-	GOVERNMENT THAT HAS LAND USE JURISDICTION MAY REQUEST THAT THE
1134		-	DIRECTOR OF THE COMMISSION APPOINT A TECHNICAL REVIEW BOARD TO
1135		-	PAGE 26-HOUSE BILL 24-1346 ASSIST THE LOCAL GOVERNMENT BY ANALYZING AND ANSWERING ANY
1136		-	TECHNICAL QUESTIONS NECESSARY FOR THE LOCAL GOVERNMENT TO
1137		-	DEVELOP THE LOCAL GOVERNMENT
1138		-	'S ASSOCIATED LAND USE REGULATIONS .
1139		-	34-60-143. Coordination between the department of public
1140		-	health and environment and the commission on geologic storage
1141		-	operations - definition. (1) A
1142		-	S USED IN THIS SECTION, UNLESS THE
1143		-	CONTEXT OTHERWISE REQUIRES
1144		-	, "DEPARTMENT" MEANS THE DEPARTMENT
1145		-	OF PUBLIC HEALTH AND ENVIRONMENT
1146		-	.
	1096	+	GEOLOGIC STORAGE UNIT ORDER MUST NOT BE CONSTRUED12
	1097	+	TO RESULT IN A TRANSFER OF ALL OR ANY PART OF THE TITLE OF ANY13
	1098	+	PERSON TO THE SEQUESTRATION ESTATE OR ASSOCIATED RIGHTS IN ANY14
	1099	+	TRACT IN THE GEOLOGIC STORAGE UNIT AREA .15
	1100	+	34-60-142. Technical assistance to local governments. T O16
	1101	+	PROVIDE A LOCAL GOVERNMENT WITH TECHNICAL ASSISTANCE REGARDING17
	1102	+	THE LOCAL GOVERNMENT 'S DEVELOPMENT OF LAND USE AND SITING18
	1103	+	REGULATIONS FOR GEOLOGIC STORAGE OPERATIONS, THE LOCAL19
	1104	+	GOVERNMENT THAT HAS LAND USE JURISDICTION MAY REQUEST THAT THE20
	1105	+	DIRECTOR OF THE COMMISSION APPOINT A TECHNICAL REVIEW BOARD TO21
	1106	+	ASSIST THE LOCAL GOVERNMENT BY ANALYZING AND ANSWERING ANY22
	1107	+	TECHNICAL QUESTIONS NECESSARY FOR THE LOCAL GOVERNMENT TO23
	1108	+	DEVELOP THE LOCAL GOVERNMENT 'S ASSOCIATED LAND USE24
	1109	+	REGULATIONS.25
	1110	+	34-60-143. Coordination between the department of public26
	1111	+	health and environment and the commission on geologic storage27
	1112	+	1346
	1113	+	-34- operations - definition. (1) A S USED IN THIS SECTION, UNLESS THE1
	1114	+	CONTEXT OTHERWISE REQUIRES, "DEPARTMENT" MEANS THE DEPARTMENT2
	1115	+	OF PUBLIC HEALTH AND ENVIRONMENT .3
1147	1116		(2) (a) T
1148		-	HE DEPARTMENT SHALL DEVELOP CARBON DIOXIDE
1149		-	ACCOUNTING PROCEDURES FOR GEOLOGIC STORAGE OPERATIONS
1150		-	. THE
1151		-	COMMISSION SHALL COMPILE RELEVANT DATA PURSUANT TO THE
1152		-	COMMISSION
1153		-	'S REGULATORY AUTHORITY TO SUPPORT THE CARBON DIOXIDE
1154		-	ACCOUNTING PROCEDURES DEVELOPED BY THE DEPARTMENT
1155		-	.
	1117	+	HE DEPARTMENT SHALL DEVELOP CARBON DIOXIDE4
	1118	+	ACCOUNTING PROCEDURES FOR
	1119	+	GEOLOGIC STORAGE OPERATIONS. THE5
	1120	+	COMMISSION SHALL COMPILE RELEVANT DATA PURSUANT TO THE6
	1121	+	COMMISSION'S REGULATORY AUTHORITY TO SUPPORT THE CARBON7
	1122	+	DIOXIDE ACCOUNTING PROCEDURES DEVELOPED BY THE DEPARTMENT .8
1156	1123		(b) T
1157		-	HE COMMISSION AND THE DEPARTMENT SHALL WORK
1158		-	COLLABORATIVELY TO IMPLEMENT SUBSECTION
1159		-	(2)(a) OF THIS SECTION AND
1160		-	TO SHARE DATA TO FACILITATE THE MONITORING
1161		-	, VERIFICATION, AND
1162		-	ACCOUNTING OF CARBON DIOXIDE IN GEOLOGIC STORAGE OPERATIONS
1163		-	.
	1124	+	HE COMMISSION AND THE DEPARTMENT SHALL WORK9
	1125	+	COLLABORATIVELY TO IMPLEMENT SUBSECTION (2)(a) OF THIS SECTION10
	1126	+	AND TO SHARE DATA TO FACILITATE THE MONITORING , VERIFICATION, AND11
	1127	+	ACCOUNTING OF CARBON DIOXIDE IN
	1128	+	GEOLOGIC STORAGE OPERATIONS.12
1164	1129		(3) T
1165		-	HE COMMISSION AND THE DEPARTMENT SHALL WORK
1166		-	COLLABORATIVELY TO FACILITATE APPLICATION OF THE DEPARTMENT
1167		-	'S
1168		-	REGULATORY AUTHORITY TO ADDRESS AIR EMISSIONS FROM GEOLOGIC
1169		-	STORAGE OPERATIONS
1170		-	. THE COMMISSION SHALL REQUIRE OPERATORS OF
1171		-	GEOLOGIC STORAGE FACILITIES TO OBTAIN ANY RELEVANT PERMITS FROM
1172		-	THE DEPARTMENT
1173		-	.
1174		-	SECTION 12. In Colorado Revised Statutes, 24-30-1003, amend
1175		-	(1) as follows:
1176		-	24-30-1003. Administrative law judges - appointment -
1177		-	qualifications - standards of conduct. (1) The executive director of the
1178		-	department of personnel may appoint such
1179		-	administrative law judges,
1180		-	except those employed pursuant to sections 24-50-103 (7), 34-60-108, and
1181		-	40-2-104, C.R.S., as may be necessary to provide services to each state
1182		-	agency; except
1183		-	THAT the state personnel board, THE ENERGY AND CARBON
1184		-	MANAGEMENT COMMISSION
1185		-	, and the public utilities commission entitled to
1186		-	MAY use administrative law judges. Administrative law judges shall MUST
1187		-	be appointed in accordance with the provisions of section 13 of article XII
1188		-	PAGE 27-HOUSE BILL 24-1346 of the state constitution and the laws and rules governing the state personnel
1189		-	system.
1190		-	SECTION 13. In Colorado Revised Statutes, 2-3-128, amend
1191		-	(1)(d) as follows:
1192		-	2-3-128. Oil and gas - performance audit - report - definitions
1193		-	- repeal. (1) As used in this section, unless the context otherwise requires:
1194		-	(d) "Operator" has the meaning set forth in section 34-60-103. (6.8).
1195		-	SECTION 14. In Colorado Revised Statutes, 25-7-132, amend
1196		-	(2)(a)(I) as follows:
1197		-	25-7-132. Emission data - public availability - submission of
1198		-	2023 reports to state auditor - definitions - repeal. (2) (a) As used in this
1199		-	subsection (2), unless the context otherwise requires:
1200		-	(I) "Operator" has the meaning set forth in section 34-60-103. (6.8).
1201		-	SECTION 15. In Colorado Revised Statutes, 25-15-101, amend
1202		-	(6)(b)(IX) and (6)(b)(X) as follows:
1203		-	25-15-101. Definitions. As used in this article 15, unless the context
1204		-	otherwise requires:
1205		-	(6) (b) "Hazardous waste" does not include:
1206		-	(IX) Waste from oil and gas operations, as defined in section
1207		-	34-60-103, (6.5),
1208		-	or from deep geothermal operations, as defined in section
1209		-	37-90.5-103 (3), including, but not limited to, drilling fluids, produced
1210		-	water, and other wastes associated with the exploration, development, or
1211		-	production of crude oil, natural gas, or geothermal resources, that is
1212		-	disposed of in accordance with the requirements of the energy and carbon
1213		-	management commission pursuant to article 90.5 of title 37 and article 60
1214		-	of title 34, as applicable; and
1215		-	(X) Exploration and production waste, as defined in section
1216		-	34-60-103. (4.5).
1217		-	PAGE 28-HOUSE BILL 24-1346 SECTION 16. In Colorado Revised Statutes, 25-15-603, amend
1218		-	(15) as follows:
1219		-	25-15-603. Definitions - repeal. As used in this part 6, unless the
1220		-	context otherwise requires:
1221		-	(15) "Oil and gas operations" has the meaning set forth in section
1222		-	34-60-103. (6.5).
1223		-	SECTION 17. In Colorado Revised Statutes, 29-20-104, amend
1224		-	(1)(h) introductory portion, (1)(h)(II), and (3)(a)(I) as follows:
1225		-	29-20-104. Powers of local governments - definition. (1) Except
1226		-	as expressly provided in section 29-20-104.2 or 29-20-104.5, the power and
1227		-	authority granted by this section does not limit any power or authority
1228		-	presently exercised or previously granted. Except as provided in section
1229		-	29-20-104.2, each local government within its respective jurisdiction has
1230		-	the authority to plan for and regulate the use of land by:
1231		-	(h) Regulating the surface impacts of oil and gas operations, as
1232		-	defined in section 34-60-103 (6.5), deep geothermal operations, as defined
1233		-	in section 37-90.5-103 (3), class VI injection wells, and intrastate
1234		-	underground natural gas storage facilities, as defined in section 34-64-102
1235		-	(3.5) ENERGY AND CARBON MANAGEMENT OPERATIONS , AS DEFINED IN
1236		-	SECTION
1237		-	34-60-103, in a reasonable manner to address matters specified in
1238		-	this subsection (1)(h) and to protect and minimize adverse impacts to public
1239		-	health, safety, and welfare and the environment. Nothing in this subsection
1240		-	(1)(h) is intended to alter, expand, or diminish the authority of local
1241		-	governments to regulate air quality under section 25-7-128. As used in this
1242		-	subsection (1)(h), "minimize adverse impacts" means, to the extent
1243		-	necessary and reasonable, to protect public health, safety, and welfare and
1244		-	the environment by avoiding adverse impacts from oil and gas operations,
1245		-	as defined in section 34-60-103 (6.5), deep geothermal operations, as
1246		-	defined in section 37-90.5-103 (3), class VI injection wells, and intrastate
1247		-	underground natural gas storage facilities, as defined in section 34-64-102
1248		-	(3.5) ENERGY AND CARBON MANAGEMENT OPERATIONS , AS DEFINED IN
1249		-	SECTION
1250		-	34-60-103, and minimizing and mitigating the extent and severity
1251		-	of those impacts that cannot be avoided. The following matters are covered
1252		-	by this subsection (1)(h):
1253		-	PAGE 29-HOUSE BILL 24-1346 (II) The location and siting of oil and gas facilities and oil and gas
1254		-	locations, as those terms are defined in section 34-60-103 (6.2) and (6.4);
1255		-	deep geothermal operations, as defined in section 37-90.5-103 (3); class VI
1256		-	injection wells; and intrastate underground natural gas storage facilities, as
1257		-	defined in section 34-64-102 (3.5) ENERGY AND CARBON MANAGEMENT
1258		-	OPERATIONS
1259		-	, AS DEFINED IN SECTION 34-60-103;
1260		-	(3) (a) To provide a local government with technical expertise
1261		-	regarding whether a preliminary or final determination of the location of an
1262		-	oil and gas facility or oil and gas location within its respective jurisdiction
1263		-	could affect oil and gas resource recovery:
1264		-	(I) Once an operator, as defined in section 34-60-103, (6.8),
1265		-	files an
1266		-	application for the location and siting of an oil and gas facility or oil and gas
1267		-	location and the local government has made either a preliminary or final
1268		-	determination regarding the application, the local government having
1269		-	THAT
1270		-	HAS
1271		-	land use jurisdiction may ask the director of the energy and carbon
1272		-	management commission pursuant to section 34-60-104.5 (3) to appoint a
1273		-	technical review board to conduct a technical review of the preliminary or
1274		-	final determination and issue a report that contains the board's conclusions.
1275		-	SECTION 18. In Colorado Revised Statutes, 30-20-101, amend
1276		-	(6)(b)(VI) as follows:
1277		-	30-20-101. Definitions. As used in this part 1, unless the context
1278		-	otherwise requires:
1279		-	(6) (b) "Solid waste" does not include:
1280		-	(VI) Exploration and production wastes, as defined in section
1281		-	34-60-103, (4.5), C.R.S.,
1282		-	except as such THE EXPLORATION AND
1283		-	PRODUCTION
1284		-	wastes may be deposited at a commercial solid waste facility;
1285		-	SECTION 19. In Colorado Revised Statutes, 39-29-112, amend
1286		-	(8)(a)(I) as follows:
1287		-	39-29-112. Procedures and reports - definitions - repeal.
1288		-	(8) (a) As used in this subsection (8), unless the context otherwise requires:
1289		-	(I) "Operator" has the meaning set forth in section 34-60-103. (6.8).
1290		-	PAGE 30-HOUSE BILL 24-1346 SECTION 20. Safety clause. The general assembly finds,
1291		-	determines, and declares that this act is necessary for the immediate
1292		-	preservation of the public peace, health, or safety or for appropriations for
1293		-	the support and maintenance of the departments of the state and state
1294		-	institutions.
1295		-	____________________________ ____________________________
1296		-	Julie McCluskie Steve Fenberg
1297		-	SPEAKER OF THE HOUSE PRESIDENT OF
1298		-	OF REPRESENTATIVES THE SENATE
1299		-	____________________________ ____________________________
1300		-	Robin Jones Cindi L. Markwell
1301		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1302		-	OF REPRESENTATIVES THE SENATE
1303		-	APPROVED________________________________________
1304		-	(Date and Time)
1305		-	_________________________________________
1306		-	Jared S. Polis
1307		-	GOVERNOR OF THE STATE OF COLORADO
1308		-	PAGE 31-HOUSE BILL 24-1346
	1130	+	HE COMMISSION AND THE DEPARTMENT SHALL WORK13
	1131	+	COLLABORATIVELY TO FACILITATE APPLICATION OF THE DEPARTMENT 'S14
	1132	+	REGULATORY AUTHORITY TO ADDRESS AIR EMISSIONS FROM
	1133	+	GEOLOGIC15
	1134	+	STORAGE OPERATIONS. THE COMMISSION SHALL REQUIRE OPERATORS OF 16
	1135	+	GEOLOGIC STORAGE FACILITIES TO OBTAIN ANY RELEVANT PERMITS17
	1136	+	FROM THE DEPARTMENT.18
	1137	+	SECTION 12. In Colorado Revised Statutes, 24-30-1003, amend19
	1138	+	(1) as follows:20
	1139	+	24-30-1003. Administrative law judges - appointment -21
	1140	+	qualifications - standards of conduct. (1) The executive director of the22
	1141	+	department of personnel may appoint such administrative law judges,23
	1142	+	except those employed pursuant to sections 24-50-103 (7), 34-60-108,24
	1143	+	and 40-2-104, C.R.S., as may be necessary to provide services to each25
	1144	+	state agency; except
	1145	+	THAT the state personnel board, THE ENERGY AND26
	1146	+	CARBON MANAGEMENT COMMISSION , and the public utilities commission27
	1147	+	1346
	1148	+	-35- entitled to MAY use administrative law judges. Administrative law judges1
	1149	+	shall MUST be appointed in accordance with the provisions of section 132
	1150	+	of article XII of the state constitution and the laws and rules governing3
	1151	+	the state personnel system.4
	1152	+	SECTION 13. In Colorado Revised Statutes, 2-3-128, amend5
	1153	+	(1)(d) as follows:6
	1154	+	2-3-128. Oil and gas - performance audit - report - definitions7
	1155	+	- repeal. (1) As used in this section, unless the context otherwise8
	1156	+	requires:9
	1157	+	(d) "Operator" has the meaning set forth in section 34-60-103.10
	1158	+	(6.8).11
	1159	+	SECTION 14. In Colorado Revised Statutes, 25-7-132, amend12
	1160	+	(2)(a)(I) as follows:13
	1161	+	25-7-132. Emission data - public availability - submission of14
	1162	+	2023 reports to state auditor - definitions - repeal. (2) (a) As used in15
	1163	+	this subsection (2), unless the context otherwise requires:16
	1164	+	(I) "Operator" has the meaning set forth in section 34-60-103.17
	1165	+	(6.8).18
	1166	+	SECTION 15. In Colorado Revised Statutes, 25-15-101, amend19
	1167	+	(6)(b)(IX) and (6)(b)(X) as follows:20
	1168	+	25-15-101. Definitions. As used in this article 15, unless the21
	1169	+	context otherwise requires:22
	1170	+	(6) (b) "Hazardous waste" does not include:23
	1171	+	(IX) Waste from oil and gas operations, as defined in section24
	1172	+	34-60-103, (6.5), or from deep geothermal operations, as defined in25
	1173	+	section 37-90.5-103 (3), including, but not limited to, drilling fluids,26
	1174	+	produced water, and other wastes associated with the exploration,27
	1175	+	1346
	1176	+	-36- development, or production of crude oil, natural gas, or geothermal1
	1177	+	resources, that is disposed of in accordance with the requirements of the2
	1178	+	energy and carbon management commission pursuant to article 90.5 of3
	1179	+	title 37 and article 60 of title 34, as applicable; and4
	1180	+	(X) Exploration and production waste, as defined in section5
	1181	+	34-60-103. (4.5).6
	1182	+	SECTION 16. In Colorado Revised Statutes, 25-15-603, amend7
	1183	+	(15) as follows:8
	1184	+	25-15-603. Definitions - repeal. As used in this part 6, unless the9
	1185	+	context otherwise requires:10
	1186	+	(15) "Oil and gas operations" has the meaning set forth in section11
	1187	+	34-60-103. (6.5).12
	1188	+	SECTION 17. In Colorado Revised Statutes, 29-20-104, amend13
	1189	+	(1)(h) introductory portion, (1)(h)(II), and (3)(a)(I) as follows:14
	1190	+	29-20-104. Powers of local governments - definition.15
	1191	+	(1) Except as expressly provided in section 29-20-104.2 or 29-20-104.5,16
	1192	+	the power and authority granted by this section does not limit any power17
	1193	+	or authority presently exercised or previously granted. Except as provided18
	1194	+	in section 29-20-104.2, each local government within its respective19
	1195	+	jurisdiction has the authority to plan for and regulate the use of land by:20
	1196	+	(h) Regulating the surface impacts of oil and gas operations, as21
	1197	+	defined in section 34-60-103 (6.5), deep geothermal operations, as22
	1198	+	defined in section 37-90.5-103 (3), class VI injection wells, and intrastate23
	1199	+	underground natural gas storage facilities, as defined in section 34-64-10224
	1200	+	(3.5) ENERGY AND CARBON MANAGEMENT OPERATIONS, AS DEFINED IN25
	1201	+	SECTION 34-60-103, in a reasonable manner to address matters specified26
	1202	+	in this subsection (1)(h) and to protect and minimize adverse impacts to27
	1203	+	1346
	1204	+	-37- public health, safety, and welfare and the environment. Nothing in this1
	1205	+	subsection (1)(h) is intended to alter, expand, or diminish the authority of2
	1206	+	local governments to regulate air quality under section 25-7-128. As used3
	1207	+	in this subsection (1)(h), "minimize adverse impacts" means, to the extent4
	1208	+	necessary and reasonable, to protect public health, safety, and welfare and5
	1209	+	the environment by avoiding adverse impacts from oil and gas operations,6
	1210	+	as defined in section 34-60-103 (6.5), deep geothermal operations, as7
	1211	+	defined in section 37-90.5-103 (3), class VI injection wells, and intrastate8
	1212	+	underground natural gas storage facilities, as defined in section 34-64-1029
	1213	+	(3.5) ENERGY AND CARBON MANAGEMENT OPERATIONS, AS DEFINED IN10
	1214	+	SECTION 34-60-103, and minimizing and mitigating the extent and11
	1215	+	severity of those impacts that cannot be avoided. The following matters12
	1216	+	are covered by this subsection (1)(h):13
	1217	+	(II) The location and siting of oil and gas facilities and oil and gas14
	1218	+	locations, as those terms are defined in section 34-60-103 (6.2) and (6.4);15
	1219	+	deep geothermal operations, as defined in section 37-90.5-103 (3); class16
	1220	+	VI injection wells; and intrastate underground natural gas storage17
	1221	+	facilities, as defined in section 34-64-102 (3.5) ENERGY AND CARBON18
	1222	+	MANAGEMENT OPERATIONS , AS DEFINED IN SECTION 34-60-103;19
	1223	+	(3) (a) To provide a local government with technical expertise20
	1224	+	regarding whether a preliminary or final determination of the location of21
	1225	+	an oil and gas facility or oil and gas location within its respective22
	1226	+	jurisdiction could affect oil and gas resource recovery:23
	1227	+	(I) Once an operator, as defined in section 34-60-103, (6.8), files24
	1228	+	an application for the location and siting of an oil and gas facility or oil25
	1229	+	and gas location and the local government has made either a preliminary26
	1230	+	or final determination regarding the application, the local government27
	1231	+	1346
	1232	+	-38- having THAT HAS land use jurisdiction may ask the director of the energy1
	1233	+	and carbon management commission pursuant to section 34-60-104.5 (3)2
	1234	+	to appoint a technical review board to conduct a technical review of the3
	1235	+	preliminary or final determination and issue a report that contains the4
	1236	+	board's conclusions.5
	1237	+	SECTION 18. In Colorado Revised Statutes, 30-20-101, amend6
	1238	+	(6)(b)(VI) as follows:7
	1239	+	30-20-101. Definitions. As used in this part 1, unless the context8
	1240	+	otherwise requires:9
	1241	+	(6) (b) "Solid waste" does not include:10
	1242	+	(VI) Exploration and production wastes, as defined in section11
	1243	+	34-60-103, (4.5), C.R.S., except as such THE EXPLORATION AND12
	1244	+	PRODUCTION wastes may be deposited at a commercial solid waste13
	1245	+	facility;14
	1246	+	SECTION 19. In Colorado Revised Statutes, 39-29-112, amend15
	1247	+	(8)(a)(I) as follows:16
	1248	+	39-29-112. Procedures and reports - definitions - repeal.17
	1249	+	(8) (a) As used in this subsection (8), unless the context otherwise18
	1250	+	requires:19
	1251	+	(I) "Operator" has the meaning set forth in section 34-60-103.20
	1252	+	(6.8).21
	1253	+	SECTION 20. Safety clause. The general assembly finds,22
	1254	+	determines, and declares that this act is necessary for the immediate23
	1255	+	preservation of the public peace, health, or safety or for appropriations for24
	1256	+	the support and maintenance of the departments of the state and state25
	1257	+	institutions.26
	1258	+	1346
	1259	+	-39-