Key facts
- A ballot measure, Initiative 177, seeks to amend the Colorado Constitution to establish a 'right to natural gas'.
- The measure, written by Advance Colorado, states that 'producers and utilities have the right to sell natural gas to homes and businesses'.
- Environmental groups fear the amendment could undermine building codes that encourage electrification and hinder the state's climate goals.
- The measure faces opposition from environmental nonprofits like Conservation Colorado, which calls it a 'cynical attempt to lock fossil fuel industry profits into the state constitution'.
- Similar laws preventing restrictions on natural gas use have been enacted in 26 other states.
- This would be the first constitutional amendment to grant a right to a specific fossil fuel, according to the Sabin Center for Climate Change Law.
A ballot measure, Initiative 177, known as the 'Right to Natural Gas,' has been submitted for consideration by Colorado voters in the November election. Written by the conservative nonprofit Advance Colorado, the proposed amendment to the state constitution would establish a right for producers and utilities to sell natural gas to homes and businesses. This measure could potentially override local and state efforts to promote electrification and restrict the use of natural gas in new construction, impacting Colorado's climate goals.
Environmental advocates, including Conservation Colorado, argue that the amendment is a 'cynical attempt to lock fossil fuel industry profits into the state constitution' and could negatively affect public health and safety. A bill proposed by House Democrats to add protections for public health and safety to the amendment was blocked by House Republicans. This initiative follows a trend in other states where preemptive bans on policies phasing out natural gas use have been enacted, with 26 states passing such laws between 2020 and 2024.
Experts note that this would be the first constitutional amendment to grant a right to a specific fossil fuel, giving it significant legal power over subsequent legislation. The broad language of the measure, with no explicit caveats for public safety or environmental considerations, has raised concerns about its implementation and potential impact. The decision to pursue this policy via a ballot measure reflects a broader strategy by conservatives in Colorado to advance priorities through direct voter initiatives, bypassing the state legislature.
Advance Colorado argues that burdensome regulations impose hidden costs on consumers and that decarbonization efforts would have a 'devastating impact on Colorado.' The organization and other conservative nonprofits have spent millions on canvassing for ballot initiatives. The oil and gas industry also holds considerable political influence in Colorado, with multiple companies and industry groups registering numerous lobbyists. The measure comes as Colorado aims to reduce carbon emissions from natural gas, with a rule mandating a 41 percent cut in building emissions by 2035.