2023 Colorado Revised Statutes › Title 2 - LEGISLATIVE (§§ 2-1-100.5 — 2-7-205) › LEGISLATIVE SERVICES (§§ 2-3-101 — 2-3-2004) › Article 3 - LEGISLATIVE SERVICES (§§ 2-3-101 — 2-3-2004) › Part 1 - LEGISLATIVE AUDIT COMMITTEE - STATE AUDITOR (§§ 2-3-101 — 2-3-130) › Section 2-3-128 - [Repealed Effective 7/1/2026] Oil and gas - performance audit - report - definitions - repeal

(1)
As used in this section, unless the context otherwise requires:
(a)
"Commission" means the energy and carbon management commission created in section
34-60-104.3 (1)
.
(b)
"Department" means the department of revenue.
(c)
"Division" means the division of administration in the department of public health and environment.
(d)
"Operator" has the meaning set forth in section
34-60-103
.
(e)
"Random sample" means the group of operators that are randomly selected by the state auditor pursuant to subsection (2)(a) of this section.
(2)
No later than February 1, 2025, the state auditor shall:
(a)
Select a random sample of operators in the state for which the sample size must be representative of the total population of operators in the state in the 2023 calendar year; and
(b)
Provide the list of operators selected pursuant to subsection (2)(a) of this section to the commission, the department, and the division.
(3)
No later than May 1, 2025, the state auditor shall commence conducting or cause to be conducted a performance audit based on the reports submitted by the commission under section
34-60-106 (21)
, by the executive director of the department under section
39-29-112 (8)
, and by the division under section
25-7-132 (2)
. On or before March 1, 2026, the state auditor shall prepare a report and recommendations based on the audit that must:
(a)
For the random sample:
(I)
Compare the monthly production reports and quarterly conservation levies submitted by the commission pursuant to section
34-60-106 (21)(b)(I)
, as applicable, with the severance tax monthly withholding statements and annual severance tax reports submitted by the department pursuant to section
39-29-112 (8)(b)(I)
, as applicable;
(II)
Compare the emissions data submitted by the commission pursuant to section
34-60-106 (21)(b)(I)
with the oil and natural gas emissions inventory reports submitted by the division pursuant to section
25-7-132 (2)
; and
(III)
Identify any gaps or inconsistencies in the payments and reporting described under subsections (3)(a)(I) and (3)(a)(II) of this section.
(b)
For the random sample and the total population of operators in the state:
(I)
Describe the total amount of missing, incomplete, or incorrect reports due or submitted for the 2023 calendar year, as identified by the commission pursuant to section
34-60-106 (21)(b)(II)
and the department pursuant to section
39-29-112 (8)(b)(II)
; and
(II)
Describe the total amount of penalties assessed for calendar year 2023, as identified by the commission pursuant to section
34-60-106 (21)(b)(IV)
and the department pursuant to section
39-29-112 (8)(b)(III)
, with the data broken down by:
(A)
Type of violation;
(B)
Penalty amount assessed against a person for the violation; and
(C)
State agency that assessed the violation.
(4)
No later than March 1, 2026, the state auditor shall present the report and recommendations described in subsection (3) of this section to the committee.
(5)
This section is repealed, effective July 1, 2026.
Amended by 2024 Ch. 216,§ 13, eff. 5/21/2024.
Amended by 2023 Ch. 235,§ 20, eff. 7/1/2023.
Added by 2022 Ch. 472, § 2, eff. 7/1/2022.