Digest of Bills - 2007

NATURAL RESOURCES

S.B. 07-82 Division of wildlife - habitat partnership program - funding - extension. Extends, until July 1, 2015, the annual transfer of moneys from the wildlife cash fund to the habitat partnership cash fund for purposes of funding the habitat partnership program in the division of wildlife.

APPROVED by Governor March 22, 2007
EFFECTIVE March 22, 2007

S.B. 07-185 Mining permits - fee increase - oil shale applications. Increases the fees for the extraction of minerals and construction materials. Adds an oil shale application and amendment fee.

APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007

S.B. 07-195 Wildlife - hunting licenses - United States armed forces. Clarifies that a resident who is on active duty in the armed forces outside Colorado does not lose residence status for the purpose of obtaining a hunting or fishing license on account of acts normally associated with residency outside Colorado. Authorizes active duty residents to participate in a limited license preference program for persons returning from service outside the United States.

APPROVED by Governor April 19, 2007
EFFECTIVE April 19, 2007

S.B. 07-198 Coalbed methane seepage - Fruitland formation - mitigation - monitoring - cash fund - oil and gas conservation and environmental response fund - appropriation. Creates the coalbed methane seepage cash fund (fund) to consist of moneys appropriated from the oil and gas conservation and environmental response fund. States that the general assembly shall make the following appropriations to the fund:

         Up to $2,003,400 for the fiscal year commencing July 1, 2007;

         Up to $2,003,400 for the fiscal year commencing July 1, 2008; and

         Up to $445,200 for the fiscal year commencing July 1, 2009.

Authorizes the oil and gas conservation commission to use the moneys in the fund for the following purposes over the next 3 years:

         A project to determine the most cost-effective methods of mitigating the seepage of methane gas along the outcrop of the Fruitland formation in La Plata county; and

         Installation of wells to monitor the seepage of methane gas in the Fruitland formation in Archuleta county.

Appropriates $2,003,400 from the oil and gas conservation and environmental response fund to the coalbed methane seepage cash fund for the fiscal year commencing July 1, 2007.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

S.B. 07-237 Oil and gas - surface notification - designated operations in greater Wattenberg area. Modifies requirements for identifying mineral estate owners when a surface developer submits an application for surface development to a local government. Modifies the parties' liability and remedies regarding notification of mineral estate owners and surface and oil and gas development.

Specifies procedures for surface developments of 160 acres or more near oil and gas development in the greater Wattenberg area of Weld, Larimer, Adams, Broomfield, and Boulder counties. If the surface and oil and gas developers cannot agree concerning such development, allows the surface developer to designate an oil and gas operations area to protect existing wells and allow for future drilling. Specifies setbacks from oil and gas facilities within an oil and gas operations area. Requires the surface developer to contribute $87,500 per well to the incremental cost of directional drilling if directional drilling is required inside an oil and gas operations area.

APPROVED by Governor June 4, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1095 Parks and outdoor recreation - professional services - encumbrance deadline exemption - trail grants. Exempts certain grants for recreational trail purposes made by the department of natural resources from the 6-month encumbrance deadline for professional services contracts.

APPROVED by Governor April 16, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1130 Forests - restoration projects - grants. Directs the Colorado state forest service to issue a request for proposals for cost-share grants to stakeholders for experimental forest restoration projects that are designed through a collaborative community process. Limits the state share of an individual project cost to 60% of the total cost of the project, not to exceed $1 million per project. Allows the remaining portion of the cost to be cash, stumpage, or in-kind services.

Requires projects to be located in an area with an approved community wildfire protection plan as defined by the federal "Healthy Forests Restoration Act of 2003". Defines project objectives.

Creates a technical advisory panel, designated by the executive director of the department of natural resources, to evaluate grant applications and provide recommendations regarding which proposals would best meet the pilot project's objectives. Requires the executive director to submit a report on the pilot program to the governor by July 1, 2008. Repeals the pilot program on July 1, 2008, and subjects the technical advisory panel to sunset review.

APPROVED by Governor May 29, 2007
EFFECTIVE May 29, 2007

H.B. 07-1180 Oil and gas - wellhead measurement - reporting - rules. Requires the Colorado oil and gas conservation commission to promulgate rules to ensure the accuracy of oil and gas production reporting by establishing standards for wellhead oil and gas measurement and reporting.

APPROVED by Governor May 29, 2007
EFFECTIVE May 29, 2007

H.B. 07-1182 Species conservation trust fund - project authorization - recapitalization. Appropriates a total of $3,485,000 from the species conservation trust fund (trust fund) for programs submitted by the executive director of the department of natural resources that are designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service.

If the national science foundation has not awarded the national deep underground science and engineering laboratory to the Henderson mine near Empire by the end of any fiscal year through June 30, 2012, directs the state treasurer to transfer the moneys that were appropriated for such fiscal year by July 1 of the succeeding fiscal year to the trust fund. If actual fiscal year 2006-07 severance tax collections exceed the March 2007 quarterly revenue forecast by legislative council staff for fiscal year 2006-07 severance tax collections, directs the state treasurer to deduct from the operational account of the severance tax trust fund the following amounts: One-half of the amount of such excess that would otherwise be credited to the operational account, up to three million dollars, and transfer such sum to the capital account of the trust fund; and one-half of the amount of such excess, up to three million dollars, and transfer such sum to the operations and maintenance account of the trust fund.

Subject to the maintenance of a two-year reserve in the severance tax trust fund, directs the state treasurer to deduct from the operational account of the severance tax trust fund the following amounts:

         On or after July 1, 2008, $1 million and transfer such sum to the capital account of the trust fund;

         On or after July 1, 2008, $1 million and transfer such sum to the operations and maintenance account of the trust fund;

         On or after July 1, 2009, $2 million and transfer such sum to the capital account of the trust fund;

         On or after July 1, 2009, $2 million and transfer such sum to the operations and maintenance account of the trust fund;

         On or after July 1, 2010, $3 million and transfer such sum to the capital account of the trust fund; and

         On or after July 1, 2010, $3 million and transfer such sum to the operations and maintenance account of the trust fund.

APPROVED by Governor May 31, 2007
EFFECTIVE May 31, 2007

H.B. 07-1217 State parks - disposition of fines. Requires that all moneys collected for fines from state parks be credited to the parks and outdoor recreation cash fund.

APPROVED by Governor May 17, 2007
EFFECTIVE May 17, 2007

H.B. 07-1252 Oil and gas - operators and surface owners - reasonable accommodation. Declares that the intent of the act is to codify the reasonable accommodation doctrine. Requires oil and gas operators to conduct oil and gas operations in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land. Allocates the evidentiary burdens between the surface owner and the operator in any arbitration or litigation related to such use of the surface.

APPROVED by Governor May 29, 2007
EFFECTIVE September 1, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 07-1298 Oil and gas - oil and gas conservation commission - consideration of wildlife resources - appropriation. Requires the Colorado oil and gas conservation commission (commission) to administer the oil and gas conservation law so as to minimize adverse impacts to wildlife resources affected by oil and gas operations. Directs the commission to:

         Consult with the wildlife commission and division of wildlife on decision-making that impacts wildlife resources;

         Consult with and obtain the consent of affected surface owners regarding permit-specific conditions for wildlife habitat protection;

         Implement, when reasonably practicable, best management practices and other reasonable measures to conserve wildlife resources; and

         Promulgate rules by July 1, 2008, in consultation with the wildlife commission, to establish standards for minimizing adverse impacts to wildlife resources affected by oil and gas operations and to ensure the proper reclamation of wildlife habitat during and following such operations. Specifies elements to be addressed in the rules.

Makes a legislative declaration. Appropriates $5,050 to the department of natural resources for allocation to the commission for the implementation of the act.

Applies to acts of the Colorado oil and gas conservation commission on or after July 1, 2007.

APPROVED by Governor May 29, 2007
EFFECTIVE July 1, 2007

H.B. 07-1316 Board of parks and outdoor recreation - fees for use of facilities - parks and outdoor recreation emergency reserve cash fund - allowable balance. Extends to July 1, 2012, the authority of the board of parks and outdoor recreation in the department of natural resources to establish by rule the amount of fees for use of facilities and programs of the division of parks and outdoor recreation in the department of natural resources.

Increases the allowable balance in the parks and outdoor recreation emergency reserve cash fund to $1 million for the 2007 fiscal year, and allows the balance to increase annually by 1% of the appropriation for state park operations until the balance reaches 10% of the annual appropriation for state park operations.

APPROVED by Governor May 3, 2007
EFFECTIVE May 3, 2007

H.B. 07-1341 Oil and gas - commission - membership - protection of public health, environment, and wildlife - appropriation. Declares that nothing in the act establishes, alters, impairs, or negates the authority of local governments to regulate land use related to oil and gas operations. Declares it to be in the public interest to foster the responsible, balanced development of oil and gas resources consistent with the protection of the environment and wildlife resources.

Modifies membership requirements for the Colorado oil and gas commission by:

         Adding the executive directors of the departments of public health and environment and natural resources as ex officio voting members; and

         Specifying geographic and experiential prerequisites for the remaining members.

Directs the commission to submit to the general assembly a quarterly report regarding complaints and a semiannual report regarding permits to drill. Requires the commission to promulgate rules by April 1, 2008, to:

         Establish a timely and efficient procedure for the review of applications for a permit to drill and applications for an order establishing or amending a drilling and spacing unit; and

         Protect the health, safety, and welfare of the general public in the conduct of oil and gas operations, in consultation with the department of public health and environment.

Appropriates $100,000 and 1.0 FTE to the department of public health and environment for allocation to the division of administration for the implementation of the act.

Makes specified provisions contingent on the passage of House Bill 07-1180.

APPROVED by Governor May 29, 2007
EFFECTIVE May 29, 2007
NOTE: House Bill 07-1180 was signed by the Governor May 29, 2007.

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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