KRDO13 Investigates: What would Amendment 82 actually change for Colorado natural gas customers?
COLORADO SPRINGS, Colo. (KRDO) - Colorado voters are being asked to decide whether the right to buy and sell natural gas should be protected under the state constitution, a proposal supporters say would preserve consumer choice and opponents warn could limit government oversight.
Competing political advertisements about Amendment 82 have prompted viewers to contact KRDO13 Investigates with questions about what the measure would actually change.
The proposal would establish two constitutional rights: the right for consumers to purchase natural gas for cooking and heating, and the right for utilities and distributors to sell it.
Coloradans can already purchase natural gas. Supporters argue constitutional protections are necessary to prevent future government restrictions and preserve affordable energy options. Opponents warn the measure could give utilities and other businesses new legal grounds to challenge regulations, potentially affecting Colorado's efforts to reduce greenhouse gas emissions.
Advance Colorado, a conservative nonprofit that does not disclose its donors, placed the measure on the ballot.
Would Amendment 82 protect consumers and lower costs?
Kit Pfeiffer, president of the Energy Freedom Alliance of the Rockies, argues that Colorado's efforts to reduce greenhouse gas emissions threaten consumers' long-term access to natural gas.
"The main reason we need a constitutional right for natural gas in our homes and businesses is because the State of Colorado is trying to take it away," Pfeiffer said.
State law requires natural gas utilities to reduce emissions by 22% over the next three years. Colorado's official Blue Book voter guide also confirms that some communities already restrict gas appliances in new construction or major renovations.
Pfeiffer pointed to those policies as evidence that consumers could face additional restrictions.
"Amendment 82 wouldn't change what anybody is doing today. It doesn't take anything away from people. It just enshrines their choice to choose what they want in their home," Pfeiffer said.
He argues that preserving natural gas access is also important for affordability, particularly for homeowners who might otherwise need to replace existing heating systems.
"Natural gas is about a fifth the cost of electricity in the state of Colorado," Pfeiffer said.
He estimated that replacing natural gas heating equipment with electric alternatives could cost homeowners between $10,000 and $30,000, depending on the size of the home.
However, the Blue Book makes clear that Amendment 82 does not establish energy prices or guarantee lower utility bills.
University of Denver law professor K.K. DuVivier, who opposes the measure, questions whether constitutional protections would provide the financial benefits supporters describe.
"Natural gas is such a volatile commodity that, you know, maybe it's cheaper now in Colorado, but it and that's part of what they're selling," DuVivier said. "But that's changing, as we've seen with the Straits of Hormuz and other things that those kinds of commodities can vary a lot."
She also disputes the suggestion that homeowners face an immediate threat of losing their existing natural gas appliances.
"If you have a natural gas stove and you want to keep it or you want to heat your house with gas, nothing is taking it away now," DuVivier said.
She said the debate is primarily about future energy policies, including efforts by some communities to encourage cleaner heating alternatives.
Could Amendment 82 limit government oversight?
DuVivier argues that the amendment's consequences could extend beyond residential consumers, particularly because it would give utilities and distributors a constitutional right to sell natural gas.
"Amendment 82 would bake a constitutional right into our Constitution for a commodity," DuVivier said. "And legally, I'm concerned because when something's in the Constitution, then it has hierarchy over everything else."
She warned that the amendment could be leveraged by data centers to bypass regulations.
DuVivier pointed to efforts by the Colorado Public Utilities Commission to prevent existing utility customers from bearing additional costs associated with data centers.
"But once you take away the right of the Public Utilities Commission to regulate, because they can say we have a constitutional right to this, you can't really keep us from using natural gas and putting the infrastructure in, then those kinds of protections would be gone," DuVivier said.
She also raised concerns that local governments could face legal challenges when trying to restrict natural gas-fired power plants tied to those developments.
"It would take a lot of the decision-making away from elected officials who are answerable to their voters and put it in the hands of lawyers in the courts as they're trying to determine what this means," DuVivier said.
The Blue Book acknowledges that Amendment 82 may limit state and local governments' ability to enforce existing or future natural gas regulations.
Pfeiffer disputes the argument that constitutional protections would eliminate government oversight.
"The state can still regulate for safety. It can still manage where pipelines go and how those are built and who builds them," Pfeiffer said.
He argues that protecting both buyers and sellers is necessary to ensure consumers can continue purchasing natural gas, even if future state policies attempt to restrict its sale.
"It doesn't force the government to provide it and it doesn't prevent the government from regulating it. It just stops them from taking it away from you," Pfeiffer said.
Because Amendment 82 would change the Colorado Constitution, it needs at least 55% voter approval to pass.
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