I never realized how hard it is to juggle lots of balls, especially when a few of those balls get heavier than the others. Please accept that as my excuse for not getting a blog written every day. Oil Shale This is the last week that you can make comments at the BLM site about the proposed EIS for oil shale. As a citizen you really should take the time to express your opinion. I’ve written about a secret meeting held in Vernal, Utah for the purpose of drafting a response to this PEIS. Mesa County and Garfield County both submitted industry drafted comments to the BLM. Craig Meis was the only commissioner from Mesa County to attend this meeting, so he is technically off the hook when it comes to violations of Sunshine Laws. The Garfield County Commissioners are not so lucky—they are the target of a Common Cause investigation. Yesterday there were hearings in Denver about several oil and gas proposals. Craig Meis, proved again that he is a wholly owned subsidiary of the industry. He traveled to Denver just to put his opinion into the public records. Gary Harmon, wholly owned reporter for the oil and gas industry dutifully reported on his testimony in today’s Sentinel. Harmon quotes Meis: “We should have guessed that the hysteria would hit a new high-water mark” when hydraulic fracturing was employed near the population centers of those states, Meis said. Poor Baby! Meis won’t be able to intimidate the people living in the population centers of New York and Pittsburg the way he has intimidated his fellow commissioners and members of the local GOP. I’m wondering if he is planning to travel to Washington DC where the federal government is considering new fracking rules. In a bit of good news, the citizens of the North Fork Valley got leasing in their area postponed. Leases for 40,000 acres of BLM land was to be auctioned in August until the organic farmers of region took their pitchforks to town. I’m proud to say that Western Colorado Congress of Mesa County played a small role in getting the BLM to back down. At a community open house we had participants sign postcards, which were delivered to the BLM, and which included the concerns of the citizens of the North Fork Valley. Our President, Benita Phillips, and our Oil and Gas Committee Chairman, Duke Cox travelled to meetings in the North Fork Valley to demonstrate our support of their efforts. Meis isn’t the only county commissioner who is a money whore. Evidently the vote has already been counted on the Uranium Downs, VLT concession for the Mesa County Fairgrounds, if that bill passes Colorado’s state government. Rumor has it that two commissioners have already agreed to vote in favor of establishing a VLT in Mesa County. Rumor also has it that Jennifer Bailey, head of WSCA and volunteer in Ray Scott’s campaign, has already been promised the position of casino manager. No wonder her daughter wrote such a glowing endorsement for the bill in a recent E-mail to the editor at the Sentinel. Homework Use this link to commentGlenwood Newspaper Reports that Vernal Meeting May Have Been IllegalSentinel Story About Meis in DenverNorth Fork leasingAmber Gragert Letter to the Editor
Last night Ray Scott hosted his first Town Hall meeting in Grand Junction. The days of the Irish Pub, as in public house, seem to be over. Now the public square has moved to the back room of Main Street Bagels, which is where Scott’s Town Hall was held.
The room was no more full than it is on Friday mornings, when a bunch of malcontents meet to munch on bagels, drink coffee, and cure the ills of the world. The people in the room were the leadership of Western Slope Conservative Alliance and the local GOP. I even got to put a face with a name that was recently in a dustup with members of GJResult Tea Party and me on the pages of the E-Edition of the Daily Sentinel.
Conspicuously absent were members of GJResult, with their trademark yellow hats and T-shirts. The room was packed with people wearing red. The candidate didn’t seem to have gotten the dress code message—he was wearing a blue shirt. Ray Scott once told me that he knew I was a liberal by the dangly beaded earrings I was wearing, so I know that the dress code is important to Republicans. I wore a traditional African garment, in blue, to the meeting. I’m sure my silent protest was missed by all in attendance.
Ray Scott is a friendly sort. He pulled a Bush, and sneaked up behind me to rub my shoulders. I confess it felt pretty good. I’ve been burning the candle on both ends, and had quite a bit of stress built up. He also made sure to announce to the crowd that I was his opponent’s campaign manager. I was amused by the hostile stares I received thereafter, although Scott wasn’t one of the hostiles.
I did overhear some interesting conversations. A man and woman sitting close by were talking about how they really didn’t care if gay marriage was approved. They couldn’t figure out how allowing two gay people to get married would impact their own solid marriages. The woman even mentioned that there were gay people in her life that she loved with her whole heart. Maybe they weren’t real Republicans, she wore green and he wore beige, although they seemed to know everyone in the room.
The content of the meeting wasn’t any less superficial than this blog has been so far. Scott began by explaining how his first year was all about figuring out the lay of the land. He did drop one bombshell that seemed to be as silent as my dashiki—when he went to Denver he had no plan, no program, no legislation to propose. That probably explains why most of us don’t know what he’s done for Mesa County. He didn’t go there to do anything other than take up space and clown around.
He highlighted three nowhere bills in his discussion. All three of them are bills that Scott is carrying either as favors to the oil and gas industry, who he vowed to fight for in a December 2012 Free Press article; or employers of Josh Penry (the Grand Junction Daily Sentinel and EIS Solutions.)
The first was HB12-1335, which was an amendment, with footnotes, to another bill, and which will go nowhere. Scott is concerned that a whole laundry list of budget line items will suffer because they received $56-million in federal mineral lease revenues that are the subject of an “ongoing Roan Plateau lawsuit seeking to cancel the federal mineral leases sold in August 2008.” The footnote goes on to allege that the “royalty” money has been spent, but if the sale is struck down by the court, Colorado may need to reimburse the BLM. (For the record, I am a director of Western Colorado Congress, which is a party to the lawsuit.)
Psst. Scott, there is no “royalty” money unless a lease is producing, although money has changed hands it is not “royalty” money, it is a lease purchase. They really are two different things, and as an “oil industry expert” you really should know the difference. Likewise, your aide who wrote the footnote should have gotten the terms straight. Scott did mention that he wrote this footnote as a message to Governor Frackenlooper, who does not like this amendment, which is going nowhere.
The second bill was HB 12-1329, which is the screw Paul Brown bill. It seeks to eliminate public trustees who are appointed by the governor, and roll their duties into the duties of the county treasurer. I’m guessing that Jay Seaton of the Daily Sentinel lobbied hard for this bill because he’s still smarting from Brown’s decision to move about $500,000 worth of advertising revenue to Palisade and Fruita newspapers. Josh Penry writes a weekly column for this publication.
The third bill was HB 12-1280, which has already been analyzed in previous blogs. Scott pointed out that nowhere in the bill does it mention Mesa County. True. He also mentioned that Cortez and Durango would like video lottery terminals in their cities—the original bill would have eliminated these two communities but protected the Ute’s casino with a requirement that no VLTs were authorized within 100 miles of an existing casino. Originally this bill authorized two VLT’s, now it authorizes three VLT’s—Grand Junction, Cortez and Durango? Scott attempted to refute the allegation that this legislation would benefit one pari-mutuel licensee. He said there are more than one of them in the state. However, my analysis turns up only one that meets the definition in the legislation—Arapahoe Park. I’ve been told that EIS Solutions is lobbying for this bill.
I’ve been somewhat amused to watch Representative Ray Scott during his first term in office. When he was in a primary race he made two notable comments—that for him this would be a one term deal because he had a business to run in Grand Junction and that he was shocked to take his first trip to Denver as a candidate and learn that there were people who would write legislation for representatives. I don’t know that he was referring to ALEC in his second comment, but I have my suspicions. But I’m even more suspicious about his sponsorship of HB 12-1280. I’m speculating that Josh Penry had a hand in writing this bill, which benefits one race track owner. Isn’t he a lobbyist these days? HB 12-1280 authorizes the installation of 2,500 video lottery terminals (VLTs) west of the Continental Divide, but not within 100 miles of the Ute casinos. It limits the terminals to no more than two retailers, which is an “improvement.” In the beginning, this was a bill with one video terminal retailer in mind. I guess the Republican sponsors decided they needed to at least pretend there was the potential for some competition. Or maybe there is more than one county that wants VLTs? One for Don Coram. One for Ray Scott. According to the fiscal notes on the bill, “Prior to installation of VLT machines or operation of a site, local approval is required by either a majority of the governing body or a majority of the voters in the city or county where the VLT site is to be located. The local governing body may impose annual impact fees of up to $5 million, adjusted annually for inflation, to be paid by the lottery retailer to defray the costs of the on- and off-site impacts directly related to the operation of the VLTs.” Clearly the intent is to give Craig Meis and Janet Rowland the ability to approve a VLT in Mesa County and to decide what local impact fees should be charged. Citizens will never be given the right to vote on this. The last time there was such a vote it was defeated 4 to 1. But it gets better: “Lottery retailers must be a pari-mutuel licensee that owns or controls a licensed track and that is in compliance with all statutes and rules regarding the conduct of a race meet of horses at, and the operation of, the licensed track. Lottery retailers are entitled to receive compensation equal to 70 percent of net machine income.” That begs the question of who owns licensed tracks in Colorado, since this bill is directed at increasing their revenue. Arapaho Park, is the only eligible licensed track in Colorado, and is owned by Mile High Racing and Entertainment, which is a wholly owned subsidiary of BLB Investors, LLC. BLB Investors, headquartered in Connecticut, is owned by Kerzner International Limited, Starwood Capital Group Global, LLC and Waterford Group, LLC. If I were a real investigative journalist, I’d be digging even more, but my head is spinning from all of the layers already uncovered in this investment scheme, so I’m going to leave the question here. This sorry tale has even more twists. If passed it will certainly wind up in court, since it is using semantics to get around the Colorado Constitution’s limits on gambling. Casino owners in Colorado’s mountain towns will be heading to court the minute this bill is signed, if ever. Then there is the question of who should regulate this operation. The bill suggests that it be regulated by the State Lottery Division, which is a deliberate attempt to get it outside of the constitutional limitations. But there is just one more twist: at least one writer (Peter Blake, of the Colorado News Agency) is speculating that this is step one in getting Uranium Downs up and running in Grand Junction. Hey, WAIT A MINUTE! Isn’t the old Uranium Downs the current Mesa County Fairgrounds? Now I’m really curious. How do Janet Rowland, Craig Meis, and Ray Scott plan to turn the fairgrounds over to a Connecticut horse and greyhound racing association? And which pocket gets filled with cash? Sponsors built in one nice feature—some of the new revenues to the state, estimated to be in the range of $17-million, would go to Colorado schools and kids needing scholarships. Nevertheless, I’m guessing it will never get out of the Senate if it ever makes it out of the House. Homework Text HB 12-1280Fiscal Notes HB 12-1280Arapaho Park RacetrackStory About Odds of HB 12-1280 PassingMap of Uranium DownsMap of Mesa County Fairgrounds
For weeks I’ve been hinting about a candidate both in my blog and on my facebook page. Full disclosure, I am a volunteer on the campaign to elect Dan Robinson. I am excited that he has finally formally announced, and I no longer have to be so coy about House District 55. It was quite an announcement! We had music, balloons and lots of people lined up to hear what Dan had to say. Early yesterday morning, Dan, and a few of his volunteers met to make sure that we had the day mapped out efficiently. It is a good thing that we had that meeting, because we had forgotten to think about a P.A. system, and Dan was making his announcement on a busy street corner. Fortunately, we knew of a musician who carries around a P.A. system in his van, and who was both sympathetic to the cause, and who lived close to the event. We probably got him out of bed much earlier than he had expected, but he came through with flying colors--or should I say in perfect harmony? Thanks Troy Douglas, of Desert Moon! Our campaign manager brought balloons to the event. I hadn’t thought about how dangerous it could be to drive with a van full of blue and orange balloons, but we heard all about it when he arrived, frazzled, at the event. The balloons did give us a festive feeling, and they looked great both in the news coverage and in the photos. One of the things I’ve been doing as a volunteer is helping to design a website for Dan. It is just bare bones, but it is live. You can take a peek at www.danfor55.com. So far you can’t leave any campaign donations there, but you can leave us a message, or offer to volunteer your services. You can also see some pictures from our big announcement. Please visit the site today, and come back often! I promise it is only going to get better. P.S. I’m pretty sure there is going to be a DEM candidate in House District 54 too. All of our work trying to recruit DEM candidates in Mesa County is finally beginning to pay off…
Being the curious type, I searched the Secretary of State’s records to see if anyone has declared that they are running for the two Colorado House Seats that represent Mesa County.
House District 54
When I started my short lived political career, I ran for House District 54 before switching to Senate District 7. Before the candidates were winnowed down to one, the Western Slope Conservative Alliance held a candidates forum, to which only Republican candidates were invited. Not being shy, I attended the forum as an uninvited guest. At that forum, Ray Scott announced that he would be a one term politician. He wanted to get to Denver, sell all of the state’s assets, and then come back to Grand Junction to run his business.
So, it was a bit of a surprise to see that Ray Scott is running for reelection, perhaps he needs more time to sell those assets. He filed his paper work on 11/8/2011, per the Secretary of State’s website. His registered agent is Mark Ashman. He has a war chest of $5,941.34 as of that date, which is when he filed his most recent campaign finance report. Scott must be really busy working at his business at home because he filed that report, which was due on 10/17/2011, almost two weeks late. Any citizen can ask the Secretary of State to investigate that late filing, which would trigger late fees of $50/day. I’m not going to make that request, since it would look like sour grapes coming from me.
No other candidates have filed for House District 54.
House District 55
Even more interesting, as of today nobody has filed papers to be running in House District 55 in 2012 per a candidate search at the Secretary of State’s website. No records came up when I searched for the 2012 race. I then searched the 2010 race, where it is reported that Laura Bradford filed a termination report. I thought she was running. I had a brief meeting with her about a month ago to talk about a local foods bill. At that time she told me that she had plans to introduce a bill that would allow people to bake cakes and cookies at home for sale locally without commercial kitchen requirements. Of course that bill would be introduced in 2012, not 2013.
This could also be a glitch at the Secretary of State’s website. The termination date was 12/14/2010, which was immediately following the last election. From my candidate finance training, I know that a candidate cannot file a termination report until all funds have spent and all loans have been repaid.
Bradford filed a report on 10/8/2011, which was due on 10/17/2011. By the way her registered agent is Duncan McArthur. Unlike Scott, Bradford filed her report a week early. At the time of the report she had $3,083.40 on hand, which is definitely not zero. The candidate is listed as active at the report level. She even recently spent money on “photos for the legislature.” It is a mystery! Is Bradford a stealth candidate? Did Gessler get confused by the vindictive Democratic maps in Mesa County? How can Bradford be both active and terminated at the same time?
If Bradford isn’t running, there will be no representation. No other candidates have filed.
Homework
Committee to Elect Ray Scott
House District 55 2012 Race
House District 55 2010 Race
In Friday’s Grand Junction Free Press, Ray Scott wrote an opinion piece on his plans as our representative in Denver. As I mentioned yesterday, the battle lines have been drawn. It appears Scott is dreading the battle, although his term is “interesting year.” His piece leads with mention of the reapportionment, but to his credit, he doesn’t use the official GOP term for it—vindictive. He even acknowledges that as a freshman legislator he isn’t quite sure what to expect when the combatants reconvene. Regarding the budget, Representative Scott opines that there will need to be cuts, which “do not sit well” with the opposing army. I’m hoping that is another manifestation of his Newbie status because the Democrats have balanced the budget in all the years that they’ve been in control of the House since TABOR was enacted, possible before—I just wasn’t paying attention then. What doesn’t sit well with Democrats is the constant insistence, on the part of the GOP, to undermine the social net in favor of profits. We don’t have a problem with fiscal responsibility; we do have a problem with greed. And no, Representative Scott, the success of business does not depend on giving the store away to the oil and gas industry. The oil and gas industry is regulated, yes, but they are also the most successful and profitable industry on the face of this planet. At the national level they are subsidized with tax loopholes that could be better placed elsewhere. Personally, I’d like to see an all out effort to develop alternative energies—maybe thorium reactors the size of a suitcase as one example. At the state level the severance taxes are some of the lowest of all oil producing states. In other states, those higher severance taxes fund education. By the way, Representative Scott, regulation does not kill jobs as you love to say. I recently attended a water seminar for prospective county commissioners. (No, I’m not running for that office.) At that seminar, Larry Clever of Ute Water got up on his soapbox about how regulations were in his way because of all of the EPA mandated requirements to test for clean water. When asked what the impact was, he pointed out that he used to have one lab technician and now he has three. By my count that regulation created two good jobs in Mesa County, and we are all glad to know that it is safe to drink the water. Representative Scott really threw me off with this comment: “ What we need to remain focused on is how to provide … education with the resources at hand, and remember that raising taxes is not the only solution — that, in fact, it is usually the worst possible solution — to the problem.” Would somebody please tell Representative Scott that the legislature cannot raise taxes? It takes a vote of the people, so he won’t be faced with that dilemma while in the House. Scott ended his piece by saying, “ I will also continue to fight for our oil and gas industry, which remains the backbone of our economy on the Western Slope. I will continue to push for responsible development on the Roan Plateau, and I will continue to work with the Colorado Oil and Gas Conservation Commission to ensure the rules they pass make sense, and are not unrealistic or unnecessarily restrictive.” By that I hope he doesn’t mean that he is going to try again to pass a bill giving the Commission back to the industry. If he does, I will be doing everything I possibly can to make sure that he loses that fight. Homework Ray Scott Predictions for Legislative Session
The Headlines today in both the Sentinel and the Denver Post are all about Colorado’s Governor calling the Speaker of the House and the President of the Senate into his office and telling them to stop messing around with the must pass regulatory review bill or he would call them immediately into a special session. Clearly that got the attention of the Republicans because they immediately backed off their position, removed a bill amendment that helped predatory lenders, and voted unanimously to approve the bill, thus ending this legislative session. Now that the session is over until January of next year, we will be seeing more of our legislators at events here in the Grand Valley. When we do, we need to ask them to spend less time bickering and staking out no-win positions. We need to tell them to start focusing on jobs for Coloradans. We need to ask Steve King, Laura Bradford, and Ray Scott how much time they spend listening to ALEC instead of listening to us. (Back in February Steve King responded to an E-mail that I sent him that he would be guided by ALEC. Laura Bradford noted at a meeting I attended that she got legislative ideas at an ALEC conference in Washington. When Ray Scott was a candidate he once said he was surprised and disgusted to learn that there were people willing to write his legislation for him. He may or may not have been referring to ALEC.) Speaking of jobs, Hickenlooper is going to a high tech company today to celebrate their jobs creation record. They help companies gather and report data to the SEC, which we should all be celebrating. By standardizing the reporting, the companies can spend less time on these regulations and yet investors will be able to read company reports knowing that information is reported uniformly across industries and companies. Homework GOP Backs Off--Session EndsPredatory LendingALEC Writes Legislation for State LawmakersHickenlooper Celebrates Rivet Software
We are three days away from the end of Colorado’s legislative session. Steve King is in panic mode because his Regulatory Recapture Bill hasn’t yet been passed. You may remember that I’ve written about HB 1223 repeatedly. If it doesn’t pass the Senate by midnight Wednesday, it is dead. At least until some bonehead once again decides to put the profits of the oil and gas industry ahead of the health and welfare of the citizens of the state. Today, King “wrote” an op-ed for the Sentinel using the same tired story that regulations caused the downturn in the economy. That’s pure bullshit. Market conditions caused the slowdown—the price of natural gas went down, so investors slowed down their investing in exploration. Colorado’s oil and gas industry is alive and well, and doing business in the state. The recent trend is toward increased activity, not continued decreases. The same issue of the Sentinel had a stark reminder of why regulation is so important. Three years ago there were two spills of oil and gas chemicals that are finally going to have a hearing by the Colorado Oil and Gas Conservation Committee. May 16 – 18 the Committee will consider fining Berry Petroleum after they reported spilling over 100,000 gallons of drilling fluids into a tributary of Parachute Creek. Later the Committee will consider actions against Marathon Oil, which reported spilling 1.25 million gallons of fracking fluid in the same area. Regulatory capture is responsible for the disaster in the Gulf of Mexico. Every drilling plan contained the same language, including some that demonstrated the plans were simply a cut and paste job. They mentioned protecting aquatic animals that do not exist in the Gulf, and haven’t for thousands, if not millions, of years. The plans were approved because nobody at the agency responsible for regulations was reading them. Colorado changed the rules that regulate the industry on state and private lands so that the environmental and farming interests would have a voice at the table. Steve King and Ray Scott want the commission to go back to the way it was, with industry calling all the shots. It is a lame-brained idea that is only supported by small companies and legislators who listen only to this one segment of the industry. The big boys have moved on. HB 1223 deserves a quick death in the Senate. Homework: Garden Gulch Hearings Steve King Op Ed Wikipedia Defines Regulatory Capture September 2010 Report Finds Regulatory Capture in Oil and Gas Industry
Fracking hasn’t been discussed here for quite a while, but that doesn’t mean that it isn’t in the news. Given a nuclear meltdown in Japan, and a government meltdown in Washington, D.C. little makes the front page or top story on a news channel other than those two stories. But there is a big fracking story in the news today. Pennsylvania ordered Catalyst Energy, Inc. to stop drilling and fracking wells on leases that they own. In the process of drilling 22 wells, Catalyst allegedly polluted the water wells of two nearby homes. The company was ordered to stop all activity, investigate which gas wells contributed to the pollution of the two homes, and provide water to the homes, including a permanent clean water supply by July 1. Why is this big news and why is it relevant to people interested in happenings in Western Colorado? The agency in Colorado that has responsibility for making sure that there is a balance between the needs of the oil and gas industry and the needs of other users of land around oil and gas leases and development activity is under attack. Without an effective regulator, we could continue to see water wells polluted. It has already happened to many Western Slope families, who continue to suffer the health consequences of drinking and bathing in polluted water. Ray Scott introduced House Bill 11-1223, and it is now making its way through the legislature. Originally he wanted to take the commission back to the structure it had before the legislature changed it last year. Before the changes, the commission was in the throes of regulatory capture, and lost sight of its responsibility to anyone other than the oil and gas industry. Last year the legislature added environmentalists and farmers to the mix of people on the commission. Balance on the commission is a good thing—both sides get to talk about issues before a regulation is proposed. This year Scott, who is a small player in the oil and gas industry, is working to stack the deck again. Only this time the big boys in the industry have indicated that they have a good working relationship with the existing commission, and are not filling the halls of congress with high paid lobbyists. This bill is all about Scott and his Western Slope buddies—who are small players in the big picture of oil and gas. They don’t like regulations of any kind because it cuts into their profits. They don’t see any need to breathe clean air, drink clean water, and grow food in clean dirt with clean water irrigation. If you haven’t already called someone about this evil attempt to roll back protections on our health and food security, please do it today. Homework Big Fracking Story in Bloomberg Catalyst Energy Inc Everything You Ever Wanted to Know Re HB 11-1223 via Google Search
Yesterday I commented that I hoped Ray Scott’s Regulatory Recapture Bill (okay, that’s my name for it) would die a quick death in the committee hearing. While that may still happen, there was no vote on the bill yesterday, because there were too many people wanting to comment. Not So Short Background: Once upon a time there was a seven member commission that regulated oil and gas development in Colorado. Of the seven members of the commission, five were oil and gas professionals. That is the definition of regulatory capture. When an industry controls the agency that is charged with regulating it, regulations protect the industry, not the other stakeholders. In the case of oil and gas regulation, the Regulatory Recapture Bill could facilitate continued stonewalling about chemicals in fracking fluids, and any understanding of how they may or may not impact our access to clean water for drinking, farming, fishing, and recreation. Last year, when both the House and Senate were run by Democrats, the make-up of the commission was changed to include farmers, environmentalists, and oil and gas representatives. The more inclusive commission is more representative of everyone who has an interest in pollution free development of oil and gas resources, and would work to protect ALL stakeholders, not just one. Ray Scott, who has swallowed the political fabrication that regulations caused the loss of jobs in Mesa County, is an ardent industry supporter. I say political fabrication, because industry representatives have repeatedly said that a downturn in prices and limited distribution capabilities were the cause of the slowdown in Mesa County, not regulations. In fact, the industry is facing tougher regulations in many states—Pennsylvania, Wyoming, New York, Maryland just to name a few. And just one more fact, there were 6,000 oil and gas leases issued last year in Colorado—the third largest number in the history of leasing. The industry is working. The industry is working in Colorado. Regulations did not drive the industry out of Colorado. Even more amusing, the hearing room yesterday wasn’t filled to capacity because the big industry players say they have a good relationship with the regulatory commission. Will you do two things today? Call Ray Scott and tell him that he is misguided. Then call other committee members and tell them that you would like them to vote against the Regulatory Recapture Bill—only you should probably call it House Bill 1223. Homework Pitkin County Opposed to HB 1223 Durango Newspaper Story on Bill List of Committee Members
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