Gov. John Hickenlooper believes he knows best when it comes to Colorado’s energy economy. Recently leaked documents show that he is drafting an executive order requiring power plants in Colorado to reduce their CO2 emissions. Instead of building a consensus, respecting the role of the Legislature in creating laws, the governor apparently wants to exercise the force of law by executive fiat.

There is no doubt that this proposed energy mandate would harm Colorado families by raising electricity prices and putting thousands of jobs at risk. The governor’s plan would be similar to President Barack Obama’s controversial carbon regulation, which could raise electricity prices in Colorado by $610 per family each year. The energy mandate also threatens 21,000 jobs direct and indirect coal jobs at mines and power plants. And who gets hurt the most? Low and middle income Coloradans.

It’s not as if the Legislature hasn’t been debating this issue for years. One thing is clear, however: there is not agreement about CO2 emissions among our state’s leaders. Last session, the state Senate passed a common sense bill to require any actions by the state executive branch reducing CO2 emissions to be reviewed by the Public Utilities Commission and approved by the Legislature. The bill failed to pass out of the state House. Additionally, Attorney General Cynthia Coffman has joined 27 other state attorneys general in taking legal action against Obama’s carbon regulation which again is similar to the propose energy mandate by the governor.

Even if you agree with the goals behind Gov. Hickenlooper’s energy mandate, it is still bad policy. Utilities plan out upgrades and construction of power plants years in advance. They need consistent policies in order to properly ensure that people have electricity to heat their homes and keep their lights on. Executive orders do not carry the same weight as legislation. The next governor could significantly change or revoke The governor’s energy mandate on the first day in office. That’s why, historically, decisions about utilities and power plants have been made by the Legislature or the Public Utilities Commission, not by the governor through executive orders.

Issuing an executive order would show a failure of leadership by Gov. Hickenlooper. He either is unwilling to try and build consensus in the legislature or simply believes he can’t. Especially when a policy change is this big, Coloradans deserve a chance to weigh in – and they get this opportunity not only through the votes of their elected legislators, but also by being able to testify in legislative committees.

This all raises the question: Why has Gov. Hickenlooper proposed an executive order to push this issue through? After being right about fracking and single-payer health care, we felt that the governor was on a bit of a roll. Apparently, not anymore.  The proposed order would be an extraordinary use of executive powers by a Colorado governor, and it is clearly unconstitutional. The governor surely knows that he will face legal challenges if he proceeds, and that these actions will take considerable time to progress through the courts. He also knows that the courts can have unpredictable outcomes. A move like this would would set a terrible precedent for future governors.

This proposed energy mandate threatens affordable energy and will lead to lost jobs. Gov. Hickenlooper has failed to build consensus for his desire policy and now wants to enact it without the Legislature. If enacted, the energy mandate would create instability for utilities and consumers. Gov. Hickenlooper should stop work on this energy mandate and instead work to ensure Coloradoans have affordable and reliable electricity.