Task Force Members Present:
Randy Cleveland (co-chair), Gwen Lachelt (co-chair), Sara Barwinski, Peter Dea, Jim Fitzgerald, Russ George, Jon Goldin-Dubois, Brad Holly, Dan Kelly, Rebecca Kourlis, Steve Moreno, Perry Pearce, Kent Peppler, Pat Quinn, Bruce Rau, Jeff Robbins, Matt Sura, Will Toor, Scot Woodall
Task Force Members Absent: Bernie Buescher, Elbra Wedgeworth Meeting Objectives:
- Ensure understanding of the purpose of the task force as described in the Executive Order. - Agree on basic protocols for the Task Force, including understanding of Colorado Open Records
Act (CORA) requirements, which govern task force business.
- Build mutual understanding members’ expectations for the Task Force.
- Provide basic information about the current regulatory framework to help inform where further information is needed that can be addressed in future meetings.
- Establish an order of priority for addressing issues in subsequent meetings. - Agree on the timeline and process going forward from Sept 25-Feb 27th - Demonstrate a transparent process to members of the public.
Welcome
Gwen Lachelt and Randy Cleveland, co-chairs welcomed the Task Force and provided remarks regarding the expectations to address the tough issues before the Task Force on an open or public comment.
Purpose and ground rules (draft attached)
Lisa Dale, Department of Natural Resources reviewed the binders for the Task Force and logistical information for submitting reimbursements for travel to meetings. Sarah Stokes Alexander, The
Keystone Center, reviewed the purpose of the group as defined in the Executive Order and the proposed ground rules. Task Force members will review the ground rules and vote on them at the next meeting.
Expectations for the Task Force
Members of the Task Force shared their expectations for the Task Force. Members expressed their belief in the collaborative process. It gives the Task Force the ability to take on one of the toughest conflicts of competing values we have today. All voices will be heard. A way to allow non-powerful
interest can participate in the process. This process is essential for democracy and it will allow fairness, transparency, and quality. With good faith and an honest intention, we can find a balance with these critical tough issues. Honest intention on everyone’s part is required. The Task Force needs to move this issue to the next level, no value in creating enemies. Give legislators what they need: a sound basis of fact and reasoning to make better law. It is the right balance that is important.
Additional themes from these statements included:
Develop a clearer understanding of the current situation and issues
Balance the important interests of quality of life and resource development and air and water quality, public health, safety, and welfare
Solve the tough issues before the Task Force because Colorado needs mutually agreeable solutions
Recognize the complexity of the issues and do not assume simple answers o Be fact based
o Understand the different situations faced by urban and rural communities
Develop a strong regulatory basis that is balanced with different interests; explore ability to be clear but flexible to address state and local concerns, and consider different alternatives
Empower local communities and governments to address specific concerns.
Many members expressed hope that this group can work hard to develop solutions and “get to yes,” by keeping open minds to each others’ perspectives, and having honest intentions, and make decisions that may not make everyone happy but balances the interests as best as possible.
Governor’s Welcome
Governor Hickenlooper welcomed the Task Force and thanked them for their service on the Task Force. He expressed his optimism for this group coming to recommended solutions.
Overview of Open Records law and other open meeting requirements and conflict of interest
David Blake, with the State Attorney General’s office reviewed the open meeting and open records requirements for the Task Force. Generally, all conversations pertaining directly to the business of the Task Force that occurs between two or more Task Force members should take place at noticed meetings to avoid violating the law. If a CORA request is made, it must be complied with within 3 days and all correspondence between Task Force members may be subject to review. Task Force members are not required to keep records of e-mail or notes. The State Attorney General is available to consult with the Task Force if there are any questions as they go forward. He also reviewed the requirements to disclose actual conflicts of interest and recuse themselves from votes if a conflict exists.
Overview of current state legal and regulatory framework (presentation)
Matt Lepore, Director of the Colorado Oil and Gas Commission provided an overview of oil and gas law and development in Colorado. He then provided an overview of the regulations that apply to oil and gas development in Colorado.
Mr. Lepore briefly shared their approach to working with local governments and operator agreements. He shared the story of working with the City of Brighton.
Overview of current local level approaches
Geoff Wilson, General Counsel, Colorado Municipal League, presented a general overview of how local government authority has evolved and is now being practiced in Colorado. Paula Swenson, Gunnison County Commissioner, presented how Gunnison County regulates oil and gas development and the process they used to get to a regulatory framework (presentation).
Initial Identification of issues to be addressed and Task Force Scope
Committee members suggested priorities for future agendas. Suggestions included: - Defining problems and agreeing which problems the Task Force will address - Presentations on industry technology and operational techniques
- State versus local authority
- Public health, safety, and welfare concerns
- Presentation on what other states are doing regarding oil and gas development and regulation - Recognizing that there is a need for alternatives for different areas
- =-0resentation on surface owner and mineral owner rights
- The availability of a representative from both the COGCC and CDPHE