Planning Commission Agenda and Packet 2019 09 12

Home Browse Search

Cityof Planning Commission im Louisville Staff Report COLORADO • SINCE 1878 September 12, 2019 ITEM: LMCA-0236-2019; Oil and Gas Operator Registration PLANNER: Lisa Ritchie, AICP, Senior Planner REQUEST: Resolution 16, Series 2019, recommending approval of an ordinance amending Chapter 17.68 of the Louisville Municipal Code to require Oil and Gas Operator Registration SUMMARY: The proposed ordinance adopts regulations that require any operator planning to commence oil and gas operations within the City to file an operator registration at least thirty days prior to filing an application for such operations. BACKGROUND: On Aprill6, 2019, Governor Polis signed in to law S.B.19-181, also known as "Protect Public Welfare Oil and Gas Operations" (see attached). The bill prioritizes the protection of public safety, health, welfare, and the environment in regulation of the oil and gas industry by modifying the Oil and Gas Conservation Act, C.R.S. §§ 34-60-101 et seq., the Local Government Land Use Control Enabling Act, C.R.S. §§ 29-20-101 et seq. ("LUCEA"), and other relevant statutes. The bill granted additional authority to local governments to regulate oil and gas development. Specifically, it clarified that local governments have land use authority to minimize adverse impacts to public safety, health, welfare, and the environment and to regulate land use and surface impacts, including the ability to: regulate the siting of oil and gas locations; regulate noise, odor and vibration from oil and gas facilities; inspect oil and gas facilities; impose fines for leaks, spills, and emissions; and impose fees on operators or owners to cover the reasonably foreseeable, direct and indirect costs of permitting and regulating, monitoring and inspection programs, and enforcing local governmental requirements. The bill does not permit a local government to prohibit oil and gas operations, however. In general, SB 181 clarified local authority regarding oil and gas over: • Land use • Location and siting of oil and gas facilities • Impacts to public facilities and services • Water quality & source • Noise • Vibration • Odor • Light • Dust • Air emissions & quality • Land disturbance • Reclamation procedures • Cultural resources 6