Bill

Bill > HB1310


CO HB1310

CO HB1310
Operators Liable For Oil And Gas Operations


summary

Introduced
03/02/2016
In Committee
03/21/2016
Crossed Over
03/21/2016
Passed
Dead
04/28/2016

Introduced Session

2016 Regular Session

Bill Summary

Operators Liable For Oil And Gas Operations

AI Summary

This bill modifies existing Colorado law to expand the liability of oil and gas operators for their operations, particularly concerning surface owner accommodations and potential damages. It clarifies that operators must exercise reasonable care to avoid bodily injury and minimize damage to the surface, defining "minimizing intrusion" as using technologically sound, economically practicable, and reasonably available alternatives for wells, roads, pipelines, or production facilities. The bill strengthens the ability of surface owners, or in specific cases, property owners or injured individuals, to bring legal action for an operator's failure to meet these standards, allowing for compensatory damages or equitable relief. A significant addition is that operators are now liable if their oil and gas operations, including reinjection operations, cause an earthquake that damages property or injures individuals, regardless of where the person or property is located; this liability cannot be waived by contract but is subject to an affirmative defense if the operator followed specific regulatory requirements, contractual obligations, or land use plans. To establish a case for earthquake-related damages, a plaintiff must show the earthquake caused damage or injury and that the oil and gas operations occurred in an area previously identified as experiencing induced seismicity through a peer-reviewed study, with a five-year statute of limitations from the discovery of damages.

Committee Categories

Agriculture and Natural Resources, Health and Social Services

Sponsors (2)

Last Action

Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely (on 04/28/2016)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...