Proponents clarify wording in Colorado ballot initiative to bar government bans based on energy source

Proponents of a proposed Colorado constitutional amendment that would bar state and local governments from banning or restricting products or energy service connections based on the energy source clarified several drafting points during a March 19, 2025 review meeting with the Office of Legislative Legal Services and Colorado Legislative Council staff.

The initiative, identified in meeting materials as a proposed initiative measure concerning prohibiting government bans on energy source and dated March 19, 2025, would prevent governments from banning or restricting “products powered by an energy supply in common use based on the energy source that powers or fuels that product or service connection,” as the proponents explained in response to technical questions from staff.

Office of Legislative Legal Services staff opened the session by reading constitutional requirements and procedural context, including a reminder that “Article V, section 1(4)(a) of the Colorado Constitution requires that when a majority of voters approve an initiative, the initiative is effective on and after the date of the official declaration of the vote and proclamation of the governor,” and asked whether the proponents accepted the default effective date when no date is specified in the measure. The designated representative answered, “Yes.”

Staff also flagged a typographical and drafting issue in proposed subsection language that made it unclear whether the drafters intended to protect both products and energy service connections. The designated representative said the campaign would add the word “service connection” (so the clause would read “products or service connections”) and strike the redundant use of “services.”

On terminology, staff asked whether phrases such as “energy supply,” “energy source,” and “energy service connection” had distinct meanings in the draft. The proponents told staff the list of named fuels (for example, gas, propane, solar) was intended to be illustrative and not exhaustive and agreed to make the terminology consistent across the draft (changing instances to “energy source” or “sourced” where appropriate).

Staff asked whether governments would still be able to ban or restrict products or service connections for health or safety reasons. The designated representative said proponents planned to add language clarifying that restrictions consistent with the International Building Code or enacted during public‑safety emergencies ("such as a fire or natural disaster") would be permitted. As the proponent put it, “we're going to add some language that clarifies that, it'll be restrictions under the International Building Code or in case of a public safety emergency, such as a fire or natural disaster.”

Office of Legislative Legal Services staff also raised the single‑subject rule under Article V, section 1, subsection 5.5 of the Colorado Constitution and asked the proponents to identify the initiative’s single subject; the proponent responded that the single subject is “energy choice.”

No formal vote or final drafting decision was recorded at the meeting; staff and proponents indicated further technical revisions would be incorporated and referenced earlier memoranda dated February 26 and March 19, 2025. The session then moved to review a second proposed initiative concerning natural gas and electric heating incentives.