2 Colo. Code Regs. § 404-1-1303

Current through Register Vol. 47, No. 19, October 10, 2024

Section 2 CCR 404-1-1303 - LOCAL GOVERNMENTS

a. Nothing in the Commission's Rules constrains the legal authority conferred to Local Governments by §§ 24-65.1-101 et seq., 29-20-104, 30-15-401, 37-90.5-106(2)(b)(I), C.R.S., or any other statute, to regulate surface Deep Geothermal Operations in a manner that is more protective or stricter than the Commission's Rules.

b.Local Government Siting Information. With their permit application for Deep Geothermal Operations or Geothermal Resource Unit, Operators will submit to the Director certification that:

(1) The Relevant Local Government does not regulate the siting of Deep Geothermal Locations;

(2) The Relevant Local Government regulates the siting of Deep Geothermal Locations, and has denied the siting of the proposed Deep Geothermal Location;

(3) The Relevant Local Government regulates the siting of Deep Geothermal Locations, and has approved the siting of the proposed Deep Geothermal Location; or

(4) The Relevant Local Government regulates the siting of Deep Geothermal Locations, but has not made a decision on the siting of the proposed Deep Geothermal Location.

c.Director's Review of Local Government Siting Information.

(1) For proposed Deep Geothermal Locations listed in Rule 1303.b.(1) and (4), the Director will conduct a siting review pursuant to the Commission's 1300 Series Rules.

(2) For proposed Deep Geothermal Locations listed in Rule 1303.b.(2), ECMC will not approve the proposed Deep Geothermal Location without a hearing before the Commission, and the applicant will file an application for hearing pursuant to Rule 503.g.(10).

(3) For proposed Deep Geothermal Locations listed in Rule 1303.b.(3), the Director will consider the Relevant Local Government's siting disposition, but still require a Form 2G to assess the proposed Deep Geothermal Location pursuant to these Rules.

d. With their permit application for Deep Geothermal Operations, Operators will state whether the proposed Deep Geothermal Location is subject to the requirements of § 24-65.1-108, C.R.S., because it is located in an area designated as one of state interest.

e.Local Government Waiving Authority.

(1) At any time, a Local Government may, by providing written notice to the Director on a Form 29, Local Government Information, and any relevant Operators:

A. Waive its right to receive notice under any or all of the Commission's Rules; or

B. Certify that it chooses not to regulate the siting of Deep Geothermal Locations.

(2) The Commission will maintain a list of Local Governments that have certified to the Director that they have chosen not to regulate the siting of Deep Geothermal Locations, or receive any category of notice otherwise required by the Commission's Rules. This list will be posted on the Commission's website.

(3) A Local Government may withdraw a waiver or certification at any time by providing written notice to an Operator and the Director on a Form 29. Upon receiving such notice, the Director will immediately remove the Local Government from the Rule 1303.e.(2) list on the Commission's website.

f.Local Government Consultation. Prior to filing its permit application for Deep Geothermal Operations, the Deep Geothermal Operator will request a pre-application consultation between the Commission's planning and permitting staff and the Relevant and Proximate Local Government. The Director or Operator will promptly schedule a Formal Consultation Process meeting. Nothing in this Rule 1303.f precludes a Relevant or Proximate Local Government from providing comments on a permit application for Deep Geothermal Operations during the Rule 1305.d.(1) public comment period. Topics for Formal Consultation Process meeting will include, but not be limited to:

(1) The location of access roads, Production Facilities, and Wells;

(2) Necessary and reasonable measures to avoid, minimize, and mitigate adverse impacts to public health, safety, welfare, the environment, or wildlife resources;

(3) Necessary and reasonable measures to avoid, minimize, and mitigate adverse impacts to Disproportionately Impacted Communities, and;

(4) Any discussions the Relevant or Proximate Local Government had with its residents and any Conditions of Approval requested by the Local Government.

2 CCR 404-1-1303

47 CR 17, September 10, 2024, effective 9/30/2024