§ 2-3-128 — Oil and gas - performance audit - report - definitions - repeal

Colorado § 2-3-128

• Jurisdiction: Colorado
• Title 02: Legislative
• Art.: Legislative Services

Text

(1)
As used in this section, unless the context otherwise requires:

(a) Commission means the energy and carbon management commission
created in section 34-60-104.3 (1).

(b) Department means the department of revenue.

(c) Division means the division of administration in the department of public
health and environment.

(d) Operator has the meaning set forth in section 34-60-103.

(e) Random sample means the group of operators that are randomly
selected by the state auditor pursuant to subsection (2)(a) of this section.

(2) No later than February 1, 2025, the state auditor shall:

(a) Select a random sample of operators in the state for which the sample
size must be representative of the total population of operators in the state in the
2023 calendar year; and

(b) Provide the list of operators selected pursuant to subsection (2)(a) of this
section to the commission, the department, and the division.

(3) No later than May 1, 2025, the state auditor shall commence conducting
or cause to be conducted a performance audit based on the reports submitted by
the commission under section 34-60-106 (21), by the executive director of the
department under section 39-29-112 (8), and by the division under section 25-7-132
(2). On or before March 1, 2026, the state auditor shall prepare a report and
recommendations based on the audit that must:

(a) For the random sample:

(I) Compare the monthly production reports and quarterly conservation
levies submitted by the commission pursuant to section 34-60-106 (21)(b)(I), as
applicable, with the severance tax monthly withholding statements and annual
severance tax reports submitted by the department pursuant to section 39-29-112
(8)(b)(I), as applicable;

(II) Compare the emissions data submitted by the commission pursuant to
section 34-60-106 (21)(b)(I) with the oil and natural gas emissions inventory reports
submitted by the division pursuant to section 25-7-132 (2); and

(III) Identify any gaps or inconsistencies in the payments and reporting
described under subsections (3)(a)(I) and (3)(a)(II) of this section.

(b) For the random sample and the total population of operators in the state:

(I) Describe the total amount of missing, incomplete, or incorrect reports due
or submitted for the 2023 calendar year, as identified by the commission pursuant
to section 34-60-106 (21)(b)(II) and the department pursuant to section 39-29-112
(8)(b)(II); and

(II) Describe the total amount of penalties assessed for calendar year 2023,
as identified by the commission pursuant to section 34-60-106 (21)(b)(IV) and the
department pursuant to section 39-29-112 (8)(b)(III), with the data broken down by:

(A) Type of violation;

(B) Penalty amount assessed against a person for the violation; and

(C) State agency that assessed the violation.

(4) No later than March 1, 2026, the state auditor shall present the report
and recommendations described in subsection (3) of this section to the committee.

(5) This section is repealed, effective July 1, 2026.

Legislative History

Source: L. 2022: Entire section added, (HB 22-1361), ch. 472, p. 3449, � 2, effective July 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1251, � 20, effective July 1. L. 2024: (1)(d) amended, (HB 24-1346), ch. 216, p. 1342, � 13, effective May 21.