In This Issue:
Court stops sales, planting of genetically engineered alfalfa
Healthy markets lead to healthy communities
House, Senate block liquid coal subsidies
Latest mad cow problems show need for labeling
Legislation would protect landowners
Legislatures move oil and gas reform bills
Legislature, livestock and trade
Holding animal factories accountable
House renewable energy bill introduced
WORC develops biofuel recommendations
State
legislatures move oil and gas reform bills
In New Mexico, Governor Bill Richardson has signed HB 827, the Surface Owners Protection Act, after the bill passed the state senate on a unanimous vote. Supporters say it is the strongest law protecting landowners faced with oil and gas development in the country. The movement of oil and gas reform and surface owner protection bills in several states creates momentum in Congress for Colorado Representative Mark Udall’s Western Waters and Farm Lands Protection Act. Here’s a rundown of state legislative action on oil and gas issues as of mid-March.
Wyoming
HB 124 revises and reforms Wyoming’s eminent domain laws. After a series of close votes in the Senate on amendments to improve or gut the bill, the House accepted Senate changes 59-0, ending opponents attempts to amend or conference the bill to death. Powder River Basin Resource Council and the Landowners Association of Wyoming championed the bill, which provides significant improvements to existing laws.
North Dakota
HB 1229 would require oil and gas wells to be drilled at least 500 feet from a residence, and to require landowners within ¼ mile to be notified at least 20 days before drilling. Dakota Resource Council supports the bill, but advocates increasing the notification distance to one mile and the drilling setback to the original 660 feet. The bill passed the House 83-6, and has received a do-pass recommendation from a Senate Committee.
HB 1511 would require that idle wells that have not produced oil or gas in paying quantities for one year to be put back into production or plugged and reclaimed, and tighten procedures for temporary shutdown. Operators would be required to post a bond for each well that is not reclaimed and not producing. The bill passed the House 62-28.
Colorado
HB 1223 would require the Colorado Oil and Gas Conservation Commission and the Colorado Department of Public Health and Environment to work together to formulate rules requiring energy extractors to protect public health. The bill passed a House committee on a 9-4 vote March 7.
HB 1252 would require drillers to work with landowners to find the least intrusive way to extract oil and gas from their property, and allow surface owners to sue energy extractors for “trespass” when they damage land in an “unreasonable and excessive” manner. The bill passed the House 52-12.
HB 1341, backed by Governor Bill Ritter, would revise the Colorado Oil and Gas Conservation Commission’s mission to balance promotion of energy extraction with protection of public health and the environment, add two positions, and give more representation to landowners, local governments, other state regulatory agencies, and wildlife and environmental interests. On March 14, the House agriculture committee passed the bill on a 7-6 vote.
Montana
SB 241 would have required reclamation plans before oil and gas drilling permit approval, established reclamation requirements like those for coal and gold mines, and required the completion of reclamation requirements before bond release. It was defeated in the Senate, 30 to 20.
SB 407 would allow “emergency” discharge of coal bed methane wastewater. Before extensive amendments in the Senate, it created large loopholes for coalbed methane companies to discharge water. The amended bill passed the Senate 30-20.
HB 383 would overturn non-degradations standards protecting downstream users from coalbed methane discharge water. The bill passed the House 51-49.
SB 223 would have exempted coalbed methane companies from requirements to get a beneficial use permit, as Montana’s farms and ranches must do, rolling back 150 years of water rights law. The bill died in the Senate, 27-23.