City Council Agenda and Packet 2019 08 20

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City Council Meeting Minutes July 30, 2019 Page 5 of 8 Kelly noted the legislation requires operators to get local siting requirements approved first before applying to the COGCC for a permit, however the legislation is not clear. She noted many neighboring communities have enacted temporary moratoria. There are some concerns that while there has not been much activity in this area for years, new technologies have made it easier for operators to reach their resource from a surface location quite a ways away. This could mean a company may be able to use a surface location in Louisville to reach into another jurisdiction. The risk of not enacting a moratorium is that an application could be filed. At that time Council could enact a moratorium but it would not apply to that application. She reviewed some options available for consideration: 1. Conduct a comprehensive review of the City's current regulations and determine if they adequately address and identify additional local government authorities granted under SB 181 that are not currently addressed in the City's Oil and Gas code. 2. Work with neighboring jurisdictions to understand the need for consistency and alignment around local oil and gas regulations, particularly related to the protection of unincorporated lands adjacent to the City, City and jointly owned Open Space lands, and other natural resources including but not limited to streams and waterways. 3. Modify the current permitting process through a code ordinance change to require a pre -proposal application or registration process. Then, if and when the City becomes aware that a permit application is likely to be filed, a moratorium can be considered to ensure the regulations with regard to the particular type of application sought are up to date and reflect the most recent rulemaking, research and data, and best practices. 4. Update the City's regulations to incorporate new local government regulatory authority granted under SB 181 that is not currently addressed in the City's code. 5. If updates to the City code are deemed necessary, consider a moratorium on oil and gas permits, so that future applications will be subject to such code updates. Kelly noted Boulder County has a process with a pre -application which is required 30- days in advance of a pre -application meeting. That gives staff the opportunity to evaluate the registration information they have received and give a timeframe in which to enact a moratorium by emergency ordinance if needed, before an application is accepted. Staff is looking for direction on if Council would like to enact new regulations and if so, does Council want to consider a temporary moratorium. If not, are there other measures Council may want to add to existing regulations. Alternatively, the Council can choose to do nothing at this time. 34