Colorado voters reject effort to place right to natural gas in state constitution

Colorado voters Tuesday rejected a ballot measure that would have amended the state constitution to add a right to use or sell natural gas, with Amendment 82 falling short of a majority let alone the 55% approval required to pass it.

The Associated Press called the rejection of Amendment 82 early Wednesday afternoon, with updated vote tallies giving the measure only about 46% support, with 54% of Coloradans voting against. As a proposed amendment to the state constitution, the right to natural gas needed to meet a 55% support threshold.

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 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.” 

A broad Colorado environmental coalition that opp0sed Amendment 82 said the results affirm the state’s direction in pushing toward cleaner energy sources.

“Voters saw through deceptive language put forward by corporate interests and want protection for the environment, alongside local decision making and accountability,” a Colorado Sierra Club statement said.

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.

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.

Colorado Sun staff writer Jesse Paul contributed to this report.