Amendment 82 (Initiative 177): a constitutional right to purchase and sell natural gas

Amendment 82 would add a right to buy and sell natural gas to the state constitution

Amendment 82 would add a new section to article XVIII of the Colorado constitution creating a right to buy natural gas and a right to sell it. The question on the ballot asks whether there shall be an amendment "granting the right for consumers to purchase natural gas for cooking or heating in homes or businesses and for distributors and utilities to sell natural gas to consumers". A no vote leaves current law unchanged.

The measure qualified for the ballot through the petition process. The November 12, 2025 memorandum from Legislative Council Staff and the Office of Legislative Legal Services is addressed to Michael Fields and Steven Ward as the designated representatives, and records that the measure was submitted with proposed initiatives 176, 178 and 179 as a series. Because the measure adds language to the constitution, the Title Board's record of its December 17, 2025 hearing states that approval requires 55 percent of the votes cast. The fiscal impact statement says that if voters approve it, the measure "takes effect upon proclamation of the Governor, no later than 30 days after the official canvass of the vote is completed".

Who placed it on the ballot

Amendment 82 qualified for the ballot through the petition process. The November 12, 2025 memorandum from Legislative Council Staff and the Office of Legislative Legal Services is addressed to Michael Fields and Steven Ward as the measure's designated representatives. The same representatives submitted proposed initiatives 176 through 179 as a series.

State and local costs remain unpriced

The fiscal impact statement, prepared by Legislative Council Staff and dated March 9, 2026, estimates $0 in state revenue, $0 in state expenditures, $0 in transferred funds, no change in TABOR refunds and no change in state staffing in FY 2025-26 and FY 2026-27. Colorado issues TABOR refunds when state revenue exceeds the constitutional limit.

State agencies could spend more revising guidance on local building codes and carrying out the state’s greenhouse-gas reduction plan, including related legal work. Local governments with existing or proposed codes restricting natural gas would incur costs to revise their codes, permits, inspections and compliance work, according to the fiscal note. The note assigns no dollar amounts to these costs.

The table covers fiscal years 2025–26 and 2026–27. The first of those ends before the November 2026 election, so the table does not estimate the amendment’s first two years in effect.

No Pollution in the Constitution registered as Accountability for Colorado Communities until September 8, 2026.

Because Vote Common Sense’s registration covers nine measures, its totals cannot be attributed to Amendment 82 alone.

Because Brighter Colorado’s registration covers eight measures, the six it supports and the two it opposes, its totals cannot be attributed to Amendment 82 alone.

The measure's right to buy and sell natural gas

The operative text is two sentences. The first says: "(1) CONSUMERS HAVE THE RIGHT TO PURCHASE NATURAL GAS FOR COOKING OR HEATING IN HOMES OR BUSINESSES THROUGHOUT THE STATE." The second says: "(2) DISTRIBUTORS AND UTILITIES HAVE THE RIGHT TO SELL NATURAL GAS FOR HOMES OR BUSINESSES."

Amendment 82 would be written into article XVIII of the constitution

The measure's instruction is to "add section 17 to article XVIII" of the state constitution. A statute can be amended or repealed by the General Assembly in a single session. A section of the constitution stays as written until another statewide vote changes it. The Title Board applied the 55 percent requirement to Initiative 177 because the measure adds language to the constitution, and a later measure that added or replaced language in section 17 would face the same requirement.

The review and comment memorandum asks who holds the duty the measure creates

The November 12 memorandum states that "A right creates a duty that is placed on other people" and asks "Who has these duties?" It offers two readings. One is that the person with the duty "must actively provide the energy, products and services, or natural gas". The other is that the person with the duty "must not prevent the producer or utility from selling the energy, products and services, or natural gas". The text doesn't choose between them.

• The measure defines neither distributors nor utilities. The version filed on October 31, 2025 said producers, and the memorandum asked "What producers is this provision referring to?" and whether utilities was meant to "include investor-owned utilities, cooperative electric associations, and municipally owned utilities". The certified text says distributors and defines neither word.

The duty question

The review and comment memorandum states that a right creates a duty placed on other people, and asks who holds that duty. The measure does not say.