A group that secured a major property tax deal with legislators last year is behind ballot measures to prohibit state and local governments from banning the use of gas or propane-fired equipment and appliances, such as stoves and heaters.

The group seeks to enact the prohibition in state statutes, as well as enshrine that language in the Colorado Constitution.

Advance Colorado, the group behind the measures, last year pushed for initiatives that ultimately led to a deal to reduce property tax liabilities for residential and business owners — in exchange for withdrawing the proposals from the ballot box. In addition, the group backed a proposal to enshrine school choice in the Colorado Constitution, which failed, and two successful proposals dealing with jail time for individuals convicted of violent crimes and creating a fund for law enforcement. 

It’s not immediately clear how the governor and lawmakers will respond to the group’s latest ballot campaign, which takes aim at policies that seek to cut carbon emissions by targeting “fossil-fired” energy such as natural gas.   

The group’s first measure would prohibit state and local governments from banning or restricting “common-use” products based on their energy source. The proposal defines those products as including gas-powered vehicles, stoves, heaters and lawnmowers. 

Such restrictions, the measure says, create “severe financial, safety and practical burdens” for Colorado residents. The measure declares that access to energy to power and heat homes — or to operate equipment — is a statewide concern.

The second measure enshrines that language in the Colorado Constitution.

The third measure, which also seeks to amend the constitution, prohibits state and local governments from forbidding the use of natural gas as an energy source for cooking or heating at home or at a business.

In 2022, Crested Butte became the first town in the state to ban the use of natural gas in newly constructed buildings. Boulder followed suit, as did Denver.

The new building codes adopted by Denver in 2023 banned natural gas furnaces and water heaters in new commercial and multifamily construction starting in 2024 in a move that officials said demonstrates the city’s commitment to reaching “zero” emissions in two decades but which critics warned would be painful and costly to building owners and tenants.

And by 2027, natural gas would not be permitted for any heating or cooling equipment in new commercial buildings, the city’s building officials have said in a news release. City officials had claimed commercial buildings are responsible for 49% of Denver’s greenhouse gas emissions.

Last summer, the National Propane Gas Association filed a lawsuit against Denver’s “electrification ordinance,” arguing that the federal Energy Policy and Conservation Act preempts state and local laws.

Elsewhere, similar battles have taken place. The California Restaurant Association filed a lawsuit against the City of Berkeley over its regulation that prohibited the installation of natural gas piping within newly constructed buildings. The Ninth Circuit court ruled in favor of the restaurant association.

“In Colorado, working families like to make their own choices when it comes to the products they purchase, the vehicles they drive, and the stoves they cook on,” said Michael Fields, president of Advance Colorado, the group behind the proposals. “It’s essential to remind government that it has no business telling us what we’re allowed to spend our hard-earned money on. These ballot measures protect the rights of consumers to choose the products that work best for them.”

Colorado’s state and local governments have over the years approved measures that seek to quickly transition away from fossil-fired energy. Supporters argued the transition — although they acknowledged it might be painful in the short term — positions Colorado for a more sustainable and energy-efficient future. They said it would help wean the country from dependence on foreign oil. Ultimately, they added, the transition toward green energy is good for the environment and people’s health.

Critics maintained the quick transition is failing to protect American consumers, particularly low-income residents, who already contend with soaring inflation, and that the singular focus on alternative energy is short-sighted.

Critics have often pointed to those policies in arguing that the state is overregulated.   

A recent study by the Colorado Chamber of Commerce found Colorado is the sixth-most regulated state in the nation, a statistic Republicans have pointed to in proposing a number of bills aimed at cutting back on fees and regulations.  

When it comes to “environmental regulation,” Colorado ranks among the most regulated states in America, “even surpassing New York in terms of regulatory burden,” the report said. 

Colorado has yet to reach California-style levels of regulation, but it “is moving in that direction,” the study said.