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HomeMy WebLinkAboutNatural Resources Advisory Board - Minutes - 02/16/2022 NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR February 16, 2022 6:00 – 8:00 pm Via Zoom 02/16/2022 – MINUTES Page 1 CALL TO ORDER 6:01 pm ROLL CALL  List of Board Members Present -  Danielle Buttke – Chair  Barry Noon  Dawson Metcalf  Drew Derderian  Hillary Mizia  Victoria McKennon  List of Board Members Absent – Excused or Unexcused; if no contact with Chair has been made  Kevin Krause – Vice Chair  Samantha Williams  John Skogman  Avneesh Kumar  List of Staff Members Present  Honore Depew, Staff Liaison  Kelly Smith, Senior Environmental Planner, Cassie Archuleta, Air Quality Program Manager  List of Guests  none 1. AGENDA REVIEW 2. PUBLIC PARTICIPATION - none 3. APPROVAL OF MINUTES – JANUARY a. Dawson moved and Hillary seconded a motion to approve the January minutes with no changes. Motion passed unanimously. 6-0 NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 2 4. NEW BUSINESS a. 1041 Regulations Update – Kelly Smith, Senior Environmental Planner, provided an overview of City Council direction on developing 1041 regulations.  Discussion | Q + A  Victoria – Q – Would the exemptions only apply to the moratorium or are you considering exemptions for the regulations, as part of the code? – Kelly A – Part of the code. There could be opportunities to include exemptions like basic maintenance and operations. There are ways to exempt and start to home in on the exact projects we would want to regulate. This is not a tool to regulate everything. This is a big project and a statewide concern.  Barry – Q – Could you elaborate more on how you are currently viewing this concept of a threshold? Kelly – A – Larimer County landed on a couple of ways they have helped define the project, that would be subject to the regulations. It was with an easement width and/or whether the project supports 25 single family residents. They are quantifying the amount of water that is being pumped through the pipes along with the easement width and if it falls within that, then it would be subject to the 1041. It is hard to say which ones would be captured and which ones wouldn’t. I think they have done their own calculations; we just must figure out what makes sense to Fort Collins.  Victoria – Q – For highway projects, they are going to need to go through an environmental review process or environmental impact study already, how would these regulations fit into that? Kelly – A – We would be the permit authority on our own process, and we would not supersede another process or another permit requirement. It would be up to the applicant to go through our process as well to get the permit issued.  Oil & Gas Update – Kelly Smith, Senior Environmental Planner and Cassie Archuleta, Air Quality Program Manager, provided an overview of key decision and the overall organization of the draft of regulations that will be released in Q2 of this year.  Discussion | Q + A  Danielle – Q – How many new developments or undeveloped land would be affected by the reciprocal setbacks? Kelly – A – Country Club Reserve has three wells on the property that impacts an adjacent parcel and would not allow for development on most of it, until one of the wells goes away. There is also residential development near a tank battery site that includes land that is not annexed. If we receive an application for a subdivision or some type of redevelopment, they will need to be annexed into the City of Fort Collins and NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 3 they would be denied the ability to do that, due to the proximity to the battery tank. There is also a well near existing residential properties. Due to our building code, if they were to modify their existing home or add to it, it would be considered new development and would need to go through the review process. Any change to their home would be denied. We will have to figure out all the implications, what it means, and how to navigate it. Not only with our own code, but annexation and greenfield development.  Danielle – At its core it’s an environmental justice issue. If it’s not safe for one human to live within 2,000 ft, it shouldn’t be safe for any human; that is the best public help approach to these types of questions. She believes informed consent approach breaks down when looking at environmental justice, especially when looking at a housing market as restrictive as it is here. At minimum, she would want to make sure the reciprocal set back applies to multifamily and low income or affordable housing, but at best would support reciprocal setbacks for public health reasons alone.  Victoria – Q – Would their proximity mean that they could not be annexed, or would it mean that they could not use the land for a specific purpose? Kelly – A – We are not sure how we would deal with his type of situation as we have never been presented with this type of situation before. It will require some coordination and discussion with Larimer County due to the current IGA. It could even result in an amendment to the IGA. Victoria could see that becoming problematic.  Dawson – Q – Regarding the three well in Country Club Reserve, are those working wells or are those capped? Cassie – A – There is one producing on the south end and two shut ins. Shut in are treated as though they are active because they can be turned back into producing. Kelly – In total we have ten wells that are either shut in, injection, or producing. Cassie – Three of those are producing wells. Dawson – To clarify the regulations between the shut in and active are the same, correct? – Cassie – Yes.  Barry – Q – At inception were any of the wells, active or inactive, required to put up any bonds? Kelly – A – The financial assurance role making is actively requesting adequate bonding not just for surface impacts but reclamation as it is not currently built into the states bonding requirements. We are requesting it to include reclamation/restoration. What is interesting is how they are looking at new vs existing and what they can be technically require for bonding. Cassie testified on the financial assurance role making. Cassie- Regarding the term of abandonment. The term abandonment in oil and gas terminology means they are not going to use those mineral rights anymore. Going bankrupt and a well not have an operator anymore is a different conversation. And that is where the state has a program. One big point of NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 4 topics is there appropriate financial assurances for a well to be reclaimed. The whole intent of the financial assurances rule making is to make sure there are adequate resources in there. Part of what we are looking at as well is where will they land and is there someplace we should land in there as a municipality to add further assurances. Kelly- Prospect energy did not have any bonding, that we know of, as we didn’t have authority to require bonding when they were originally drilled. In terms of our authority to require it now, based on case law, we have heard we don’t have the ability, unless it deals more with restoration and the surface impacts, but not with reclamation or plugging and abandonment. In our draft regulations for new development, they have requirements for bonding because now we have authority to require that. Cassie – We do have liability insurance on record with Prospect Energy through the operator agreement.  Barry – Q – Is the city able to tap into data to detect methane leakage down to a resolution to a 30m-by-30m pixel? Cassie – A – We are working with CSU on grant proposal to get better regional characterization and site- specific characterization of that.  Danielle – Q – Is there an option to exempt that reciprocal setback for people that want to remodel their already owned home? Kelly – A – Yes, if that is the direction that City Council wants to take in exempting that type of the development, we can make a local amendment.  Danielle – Q – Do you have a sense of City Council’s feelings on that reciprocal setback? Kelly – A – Is there an option to exempt that reciprocal setback for people that want to remodel their already owned home? Kelly – A – Yes, if that is the direction that City Council wants to take in exempting that type of the development, we can make a local amendment.  Danielle – Q – Are the any actions needed from the board for any memos for support or just continue to pay attention to this issue? Kelly – A – We don’t anticipate in City Council taking this up. We are planning on presenting similarly how they are presenting now, with more detail and asking for decision point on reciprocal setbacks. Once that draft is released, we will ask for feedback. Cassie – We have not had a chance to have the feedback discussion on the code yet. After we have published the code, that would be a great opportunity to weigh in. Danielle – We know that here on the front range we have horrendous air quality. We know that air quality is the most significant drivers to low birth weight and premature babies, and linked to risk of development of autism, asthma, and a variety of other learning, health, and wellbeing outcomes. There is a lot of Synergy between oil and gas development and poor air NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 5 quality. When we look explicitly at the risks, and there is a very strong associate to proximity to active wells and leaking wells and low birth weights and prematurity. She thinks we need to be extra sensitive and aware of that. Synergistic exposures are poorly studied in public health. In this area new homes that are on the edges of the growth management area and city development are often where new families with young kids are moving to and purchasing because that is the only thing they can afford. WE need to be extra careful when approaching public health risks and really consider that to be a paramount priority when thinking about those reciprocal setbacks. Victoria agrees. b. Air Quality Program Overview – Cassie Archuleta, Air Quality Program Manager, provided an overview regarding air quality programming at the city in advance of a Council Work Session discussion on February 22 nd, 2022.  Discussion | Q + A  Danielle – Q – Are you interacting with Parks and Recreation or any other programs that are promoting native lawn cover? – A – Yes, the way we do that right now is we have some zero-scape programs that come with their own rebates and incentives. We also cross promote programs, such as electric lawn equipment, saving money, and water, so they can see the bigger picture and ideal solutions.  Dawson – Q – Is there a focus to connect elements like shift your ride and the idling campaign to public health issues? Cassie – A – It’s hard to tell how you should market. Is the right thing to put in front of someone to motivate them the public health or personal health impact? Will what motivates you, motivate different sectors of our community? There has been research done. For programs like shift your ride. Honore – We have seen that end goal of that marketing being effective to people because they are saying they want to take care of themselves and families. He thinks there is opportunity to link environmental and health outcomes more. There are conversations around developing new strategic objectives in the City’s strategic plans specially geared towards health. Cassie- We keep talking about improving our messaging at the city. That is also the CSU grant we are working on for smoke ready communities, that is part of our air toxics work. That might be a place to stay engaged; what is resonating and motivating.  Danielle – The Yale Center for Climate Communications has found the greatest motivator for people to choose to act on climate is their concern about their personal health. Health is a personal motivator which is unique when we are talking about topics that can be somewhat polarizing. She has seen the power of using health in conversations in her own work and thinks NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 6 there is a lot of potential there. She also thinks there is a potential with the schools and carpooling lanes. Enforcement can be difficult with issues like idling but there is a power in social norms. She suggests engaging and doing outreach with PTAs. Cassie would love to connect more with Danielle on this for connection and resources. Cassie- There is a Denver Love my Air program that we want to try here that does more outreach in the schools. We are going to be a platform for them and some liaisons to PSD. Some challenges are with resource shortages in the schools. Danielle thinks the PTAs are the key as they have a direct interest in children’s health and not impacted by those shortages. It is better to go directly to the source of those carpooling. Hillary agrees that parents are the key. Cassie is going to bring feedback to that group and suggested someone from the group to come talk to the board about the school project. Danielle and Hillary are interested.  Danielle – Q – As far as next steps, are there any action items that you are looking for? Cassie- It’s not so much that we are looking for action items but where in all that programing the interest is. It’s valuable to hear that it is in the messaging/health messaging, school impacts and oil and gas monitoring. It is a small team, so we must figure out where to focus. We might also have some infrastructure investment opportunities coming up, so we must find out what to prioritize our time in.  Victoria echoed what Danielle said about environmental justice and our vulnerable communities and would like to see prioritization on that regarding air quality. Danielle – We are being inefficient with social norms when it comes to the Xeriscape program as the City is switching the parks to more efficient laws, green space, and turf. The parks are what the standard our citizens and developers will look towards, but if we have the Xeriscape program, we are doing two opposite things. There are very real air quality impacts of maintaining the infrastructure and secondary benefits of having more water wise landscapes present that can help change social norms. The power of targeting schools and setting social norms can cause larger residual ripple effects and impacts in terms of people’s behaviors. Cassie will bring feedback to team . Honore – City Council adopted a parks and recreation master plan called Recreate that plans to naturalize more of our parks systems. He is not sure on details or commitment, but conversations are happening. The new Community Services Director is climate and environmentally minded and has shown leadership in that space. 5. BOARD MEMBER AND STAFF REPORTS a. Board Member Reports NATURAL RESOURCES ADVISORY BOARD TYPE OF MEETING – REGULAR 02/16/2022 – MINUTES Page 7 Victoria got a new position with Larimer County in their planning department. They are working on Climate Smart Larimer County initiative. They are currently doing work shops and questionnaires. Victoria will share new survey with the board members. 6. OTHER BUSINESS a. Six Month Calendar Review https://www.fcgov.com/cityclerk/planning-calendar.php  Board members reviewed March and April Council meeting topics.  Board members were advised to consider suggestions for budgeting process. Input needs to be submitted by March 14th. Either formally in a letter to the Budget Office, or informally through the NRAB staff liaison are acceptable.  Board elections for chair and vice chair will be on the agenda for March 9 th. b. Revisit action items from previous meetings & preview of next meeting  Kevin & Danielle – City Council had concerns about the EV readiness requirements in the building code update proposal as it relates to their affordable housing goals. In a previous board meeting it was discussed that the board was interested in including the EV component in the building code. Initial pushback during the building code conversation really focused on three areas: financial benefit, increased cost is relatively small, and the target population is not covered or affected by the EV readiness change. Danielle and Kevin proposed issuing a memo to Council to remind importance and express support for including and maintaining the EV ready component in the building codes. Hillary moved and Victoria second a motion to issuing a memo to Council to remind importance and express support for including and maintaining the EV ready component in the building codes. 6-0  Barry – Followed up on a potential future agenda item: Rights of Nature Group who speak on rights of nature, relative to the Poudre River. It was decided that they would be welcome to present during the public participation portion of a future board meeting. At that time, they could request additional time which the board members would vote on. If it passes, this topic could be added to a future meeting as an agenda item. 7. ADJOURN - 8:10 pm