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March 29, 2019 COLORADO HOUSE PASSES SB19-181 WITH AMENDMENTS

On March 29, 2019 the Colorado House passed SB19-181 with the following 12 amendments:

L.142 – Provides for heightened LDAR and emissions requirements 

L.143 – Amended the duties of the Director

L.144 – Provides that the Technical Review Board cannot consider economic considerations

L.147 – Allows for maintained jurisdiction by the Southern Ute Indian Reservation; confirms governance by local governments with jurisdiction 

L.148 – Clarifies local government jurisdiction over surface impacts, and not downhole matters

L.149 – Re-inserted “production” into the legislative declaration

L.150 – Clarified the Director’s ability to “delay the final determination regarding a permit application”

L.152 – Clarified preemption language

L.153 – Allows for appointments of Administrative Law Judges in certain Commission matters

L.154 – Allows for additional wildlife habitat protection on private lands

L.164 – Reorganization of the Commission – upon conclusion of the first three Rulemakings mandated by SB19-181 or July 1, 2020, the new seven-member panel takes over

L.169 – 45% ownership/consent threshold for pooling; increase in non-consenting royalty interest to 13% for gas and 16% for oil; provides that the 45% calculation excludes unlocatable interests

L.180 – Professional Commission – changed the initial term of two members to two years