If a bill currently pending in the State Legislature is adopted, the question of how much authority local governments can exert over oil and gas activities could become moot.

House Bill 2150, authored by Rep. John Pfeiffer (R-Orlando) would make it unconstitutional for “a municipality, county or other political subdivision, other than the Corporation Commission, adopts or implements an ordinance, resolution, rule, regulation or other form of official policy concerning oil and gas operations that has the effect of:

“1. Substantially interfering with the use and enjoyment of the mineral estate . . .

“2. Imposing or enforcing a limitation that adversely impacts the use and development of minerals; or

“3. Prohibiting access to develop the mineral estate, thereby substantially reducing the fair market value of the mineral estate.”

The bill was voted out of the House Energy and Natural Resources Committee last week, which means it can now be voted on by the full House.

If passed by both Houses and signed by the Governor, the new law wouldn’t automatically nullify local ordinances or rules impacting oil and gas activities, but would establish a constitutional basis for those local laws to be overturned in court as illegal interference in private property rights.

The bill was a topic of discussion in Tuesday’s Kingfisher County commissioners’ meeting, where the extent of the county’s authority to regulate temporary oil and gas water lines in its own rights of way has already been severely restricted by two Oklahoma Supreme Court decisions.

“This bill is purposefully broad in its working but its intent is clear. It is intending to make it illegal for any local government to ensure that industries are held accountable to the local taxpayers,” according to a written statement issued Tuesday by the board of commissioners and read aloud by board Chairman Jeff Moss, Dist. 1.

“This board has worked tirelessly over the last two and a half years to uphold private property rights within the right-of-way, forcing companies to acknowledge landowner consent and encouraging landowner agreements before coming to the county to obtain a right-of-way permit.

“This board is also working to protect our exclusive, constitutionally created, statutorily codified easement when dealing with the oil and gas industry.

“The industry has spent untold hours and dollars to fight Kingfisher County specifically and even though six members of the State Supreme Court choose not to give our legitimate issue any credence, we will not stop fighting for the people of Kingfisher County.

The statement concludes by noting that local control is the most effective form of government because each locality faces different issues and concerns.

“The issues that affect Kingfisher County may not be the same in Cherokee County, for example, and vice versa.

“That is why we have county and municipal governments; local control that will fit the local level.”

County residents Wes Willms and Steve Altman also took issue with the bill at Tuesday’s county meeting, stating the legislation would have the effect of stripping local government of all authority regarding oil and gas operations in the state.

Willms stressed landowner concerns, emphasizing the importance of locally-elected officials in protecting constituents’ property rights.

Altman, president of Brown and Borelli Oil Co.in Kingfisher, said the bill was submitted in the guise of assisting mineral owners but would amount to a huge transfer of power from local government to a three-member state board.

He said the Oklahoma Corporation Commission already has broad authority and that Pfeiffer’s bill would expand it further.

He said local people depend on locally-elected officials who understand local needs to protect them.

Altman said the bill, if passed, would strip authority from the state’s 231 county commissioners, in addition to that of elected officials of cities and towns across the state.

At the conclusion of the county’s prepared statement, Moss asked residents to contact their elected legislators in opposition to the bill.

“Please let your representatives and senators know we don’t need more OCC control in Kingfisher County,” Moss said.

District 3 Commissioner Heath Dobrovolny said the legislation represented a safety issue for counties, overlooking their responsibility for maintaining local thoroughfares, and provides no middle ground.

District 2 Commissioner Ray Alan Shimanek also expressed opposition to the proposed legislation.

Moss commented that the legislation is vague and leaves local residents wide open for potential abuse.

If adopted, Pfeiffer’s bill also would impact municipalities such as Kingfisher, which has adopted ordinances related to oil and gas activity within city limits.

City Manager Dave Slezickey said city restrictions on oil and gas activities often are directed at minimizing damage to infrastructure or at least financing its repair.

“I think the legislature is failing to account for repairs to the damages on local infrastructure that such fees are purposed for,” he said. “I doubt the state will fix local streets after 500 loaded semis drive over them for a few weeks.”