Broomfield officials are seeking input on a draft ordinance to further protect public health, safety and welfare of citizens in accordance with Senate Bill 181, which gave municipalities more authority to enhance oil and gas regulations in their communities.
From 5:30 to 7 p.m. Aug. 28, a facilitator will help lead a community meeting in council chambers. Director of Strategic Initiatives Tami Yellico said they are planning three community workshops, starting with the one Wednesday, that will dovetail the issues council will hear starting with nuisance issues.
A study session Aug. 13 was held to go over preliminary draft revisions concerning environmental and nuisance provisions.
In September 2017, council adopted the Oil and Gas Chapter to the Comprehensive Plan, a chapter that sets policies and action steps in 17 areas, including air quality, soil and ground water, facility siting, pipelines, noise, traffic, emergency response, insurance and enforcement.
Broomfield officials are breaking the topics into “bite sized pieces” so that council, and the community, will have time to ask questions and give feedback.
Staff will come back to council for study sessions in September and October to review citizens comments and questions on nuisance issues, she said, and explore emergency management, risk and transportation issues, followed by zoning, citing and some natural resources and wildlife issues.
A study session on fees, financial assurances, abandoned wells will first be held with council in December followed by a community meeting. Depending on how it proceeds, a fourth community workshop could be added.
A final draft is expected to come before council for a first reading on Jan. 21, and a second reading in February. The current moratorium, passed in May for six months, does not extend that far.
“We anticipate making changes to the draft that you have before you based on your feedback, feedback from the public and then staff’s further consideration of the rules as we go through this multi-month process,” Broomfield special counsel Elizabeth Paranhos said.
She went over potential changes concerning air, dust, noise, air quality, water supply, light and waste management. Some examples were adding a list of orally toxic chemicals and limiting their addition to hydraulic fracturing liquid; requiring the operator to submit an odor mitigation plan,
Ward 5 Councilwoman Guyleen Castriotta asked for more regional collaboration with adjacent neighbors. Tami Yellico, director of strategic initiatives for Broomfield, said regional meetings have begun with five other communities with about 23 representatives at the first meeting.
Castriotta also brought up and asked whether oil and gas operators could be required to take some sort of measure on ozone action alert days. Later in the meeting, Mayor Randy Ahrens cautioned against inflicting a methodology on one industry; on ozone alert days another possible option could be to restrict driving between noon and 1 p.m.
When discussing the moratorium, City and County Attorney Shuan Sullivan said that six-month and 10-month moratoriums have been upheld in court, and that a five-year moratorium has been struck down.
That extension could come before council in late October or November.
“I really think the systematic approach, and the careful, slow approach, is the way to take this,” Ward 1 Councilwoman Elizabeth Law-Evans said. “For the first time we have the opportunity to do this at a pace that allows us – you can never see all the unforeseen consequences, but for the first time we have the opportunity to try.”
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