Preserves Local Control
Prior to HB 40, many city rules on oil and gas were not authorized under any statute, leaving every city ordinance subject to legal challenge. Now, for the first time, state law explicitly lists cities’ powers to reasonably regulate setbacks (i.e. the distance a well has to be from a structure, such as a building or home and other surface activities). Residents often have questions about surface-level issues like noise and traffic, which cities have traditionally regulated and continue to regulate under HB 40. HB 40 specifically states that cities maintain their authority over these issues. HB 40 also explicitly protects city authority over emergency response.