Boulder County Commissioners on Thursday indicated they would be willing to extend setbacks for oil and gas rigs from homes and schools and require more information about an oil company’s violation history as they pieced together a slate of new oil and gas regulations.
The commissioners went through the proposed regulations almost line by line Thursday before scheduling a possible vote on Dec. 10.
The commissioners debated increasing oil pad setbacks from 2,000 to 2,500 feet as part of the revamped rules, saying the longer distance is in line with most safety recommendations.
“There is plenty of data that suggests 2,000 (feet) is not enough,” said Commissioner Deb Gardner.
Commissioner Elise Jones said setbacks were a huge concern of residents who spoke during a virtual public hearing before the commissioners on Tuesday.
“Setbacks are a big, hairy issue,” she said.
“People do want strong setbacks,” added Commissioner Matt Jones.
The commissioners also said trailheads should be included in any setback requirements, since hiking paths are widely used on Boulder County open spaces.
The planned changes are in response to Senate Bill 19-181. The bill “act prioritizes the protection of public safety, health, welfare, and the environment in the regulation of the oil and gas industry.”
The county adopted its existing oil and gas regulations in March 2017. No applications for new oil and gas development have been submitted to the county since that time, according to the county’s oil and gas webpage.
The update process, initiated after the passage of Senate Bill 181, was twice delayed, once in March to the coronavirus pandemic putting a halt to in person meetings and again in September as rulemaking by the Colorado Oil and Gas Conservation Commission continued.
The delays prompted the commissioners to extend a moratorium on oil and gas development in the county to Dec. 31.
An initial draft of the updated regulations was published in March 2020 and received comments and was the topic of numerous meetings with consultants, industry representatives, environment and neighborhood advocacy groups, and other local governments, according to the county oil and gas webpage.
A new draft was produced in October and was further edited after receiving comments from the Boulder County Planning Commission, according to the webpage.
At Tuesday’s public hearing, many people indicated the newly drafted regulations were not stringent enough, especially on oil pad sebacks and financial penalties for oil and gas companies that abandon wells.
On Thursday, the commissioners said the regulations also may require more financial information from oil and gas companies as well as past allegations of a company’s violations.
“We are looking at patterns of behaviors, how good a company is,” Matt Jones said.
The commissioners were told they cannot regulate how a company’s operations may affect climate change. However, the county can make rules concerning air emissions from a rig’s operation, said Kate Burke, senior assistant county attorney.
