Amendment 82 “right to natural gas” appears unlikely to pass

The ballot measure that would amend the state constitution to add a right to produce and use natural gas, Amendment 82, appeared unlikely to pass late Tuesday night.

As a proposed amendment to the Colorado constitution, Amendment 82 needed 55% of votes to pass. Just before midnight, the amendment had only about 46% support, with 54% of tallied votes going against the measure.

The initiative aimed to prevent state and local bans or limits on natural gas sales and use, and seeks to overturn existing laws or regulations with the same aim. The pitch to voters was part of an ongoing battle between Democratic state officials and environmental groups, who want to move the Colorado economy toward cleaner electric sources powered by wind, solar and batteries, and oil and gas interests wanting to protect fossil fuel use. Some local governments have considered ending natural gas lines to new developments, and state utilities are being required to sharply cut emissions associated with natural gas distribution and burning. 

The measure would have amended the state constitution to say “consumers have the right to purchase natural gas for cooking or heating in homes or businesses throughout the state” and that “distributors and utilities have the right to sell natural gas for homes or businesses.” 

Advance Colorado, a conservative political nonprofit that doesn’t disclose its donors, crafted the measure. People speaking for the group maintain “natural gas is under attack” in Colorado and some other states. 

“Natural gas is a clean, reliable and affordable form of energy that more than 70% of Colorado homes use today. That right should be protected,” Advance Colorado advocates said during the campaign.

Conservation Colorado, a liberal political nonprofit that also doesn’t disclose its donors, was part of an environmental coalition arguing against Amendment 82. The group had said the measure “could unleash severe consequences on our communities.” 

The groups opposed to the measure said it would have given “monopoly utilities and gas distributors legal power to challenge vital environmental regulations, threatening our clean air and water protections . . . tie regulators’ hands in favor of corporations” on issues like pipelines and air quality, and forced “Colorado families (to) bear the costs of expanding and maintaining natural gas wells, pipelines and other infrastructure that doesn’t even benefit them,” including data centers. 

Two conservative political nonprofits that don’t disclose their donors, Colorado Dawn and A Common Sense America, spent hundreds of thousands of dollars to get Amendment 82 on the ballot. 

Brighter Colorado, an issue committee that backed several conservative ballot measures this year, including Amendment 82, raised about $6.1 million, most of it from conservative political nonprofits that don’t disclose their donors.

No Pollution in the Constitution was the main issue committee battling the initiative. It raised about $5.75 million during the election cycle, with major donations from the League of Conservation Voters; the Sixteen Thirty Fund, a liberal political nonprofit that doesn’t disclose its donors; and the Green Advocacy Project. 

Other big donors to No Pollution in the Constitution included the Utility Action Alliance, the Climate Equity Action Fund, the Shared Ascent Fund, the Environmental Defense Action Fund and the Conservation Colorado Education Fund. Aspen One, which operates Aspen Snowmass, also made a large contribution to the committee.

The Gov. Jared Polis’ administration issued a Greenhouse Gas Reduction Road Map in 2021, with the goal of reducing greenhouse gas emissions 50% over 2005 levels by 2030. Burning natural gas creates carbon dioxide that is one greenhouse gas contributor; methane and natural gas leaks from production and distribution are supercharged greenhouse gases, lingering longer in the atmosphere. 

In 2024, the state adopted a law requiring natural gas utilities to develop Clean Heat Plans to cut their emissions 22% by 2030, in part by reducing sales. Meanwhile, Denver began requiring new commercial and large multi-family buildings to use electricity for heat pumps and water heaters.

In recent years, battling factions have used the legislature and initiative process to either propose restrictions on or take shackles off the oil and gas industry. Advocates for both sides have sometimes reached compromises to withdraw legislation or proposed ballot issues in favor of the status quo. 

This year, Democratic state legislators sought to introduce a last-minute bill to largely neutralize Amendment 82 (then known as Initiative 177) if it passed, saying the measure was poorly drafted and ambiguous. That effort was quickly abandoned.

This is a developing story that will be updated.

Colorado Sun staff writer Jesse Paul contributed to this report.

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