FINAL DISPOSITION OF BILLS

⭐️= CCLC Legislation Committee Championed
Click on the bill number to access more details
– Scroll past the status report to see details of each bill this session, as introduced by week

BILLS SUPPORTED BY THE CCLC THAT PASSED

  • ⭐️ HB24-1307 | HVAC Improvements for Public Schools | SUPPORT | PASSED!
  • HB24-1030 | Railroad Safety Requirements | SUPPORT | PASSED!
  • HB24-1313 | Housing in Transit-Oriented Communities | SUPPORT | PASSED!
  • HB24-1370 | Reduce Cost of Use of Natural Gas | SUPPORT | PASSED!
  • SB24-005 | Prohibit Landscaping Practices for Water Conservation | SUPPORT | PASSED!
  • SB24-207 | Access to Distributed Generation | SUPPORT | PASSED!
  • SB24-212 | Local Govs Renewable Energy Projects | SUPPORT | PASSED!
  • SB24-218 | Modernize Energy Distribution Systems | SUPPORT | PASSED!

BILLS SUPPORTED BY THE CCLC THAT FAILED

  • HB24-1330 | Air Quality Permitting | SUPPORT | MURDERED by Polis, in a dirty deal with the O&G industry
  • ⭐️ HB24-1359 | Public Notification of Hazardous Chemical Releases | SUPPORT | FAILED! Died in Approps. Will not be back under Polis
  • ⭐️ HB24-1367 | Repeal Sev Tax Exemption for Stripper Wells | SUPPORT | MURDERED by Polis, in a dirty deal with the O&G industry
  • ⭐️ SB24-165 | Air Quality Improvements | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry
  • ⭐️ SB24-166 | Air Quality Enforcement | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry 
  • SB24-036 | Vulnerable Road User Protection Enterprise | SUPPORT |FAILED!
  • ⭐️ SB24-159 | Mod to Energy & Carbon Management Processes  aka “Phase Out and Clean Up” | SUPPORT | FAILED!
  • HB24-1339 | Disproportionately Impact Community Air Pollution | SUPPORT | DIED in Approps
  • HB24-1352 | Appliance Requirements & Incentives | SUPPORTDIED in Approps
  • HB24-1357 | Pipeline Safety | SUPPORT | DIED in Approps
  • HB24-1366 | Sustainable Local Government Community Planning | SUPPORT | DIED in Approps
  • SB24-152 | Regenerative Agriculture Tax Credit | SUPPORT | DIED in Approps

BILLS OPPOSED BY THE CCLC THAT FAILED

  • SB24-039 | Nuclear Energy as a Clean Energy Resource | OPPOSE | FAILED!
  • SB24-085 | Sales & Use Tax Rebate for Digital Asset Purchases | OPPOSE | FAILED!
  • SB24-095 | Air Quality Ozone Levels | OPPOSE | FAILED!
  • SB24-127 | Regulate Dredged & Fill Material State Waters | OPPOSE |PI’d by sponsor
  • HB24-1246 | Electric Grid Resilience Temporary Carbon Dioxide Regulation | OPPOSE | FAILED

BILLS OPPOSED BY THE CCLC THAT PASSED

  • HB24-1346 | Energy & Carbon Management Regulation | OPPOSE | PASSED!
  • SB24-230 | Oil & Gas Production Fees | OPPOSE | PASSED!

ALL OTHER CLIMATE BILLS THAT PASSED

  • HB24-1006 | Assist Rural Community Wildfire-Related Grant App | PASSED!
  • HB24-1024 | Extend Outreach Campaigns Wildfire Risk Mitigation | PASSED!
  • HB24-1173 | Electric Vehicle Charging System Permits | PASSED!
  • HB24-1249 | Tax Credit Agricultural Stewardship Practices | PASSED!
  • HB24-1338 | Cumulative Impacts & Environmental Justice | PASSED!
  • HB24-1379 | Regulate Dredge & Fill Activities in State Waters | PASSED!
  • HB24-1449 | Environmental Sustainability Circular Economy | PASSED!
  • SB24-032 | Methods to Increase the Use of Transit | PASSED!
  • SB24-150 | Processing of Municipal Solid Waste | PASSED!
  • SB24-185 | Protections Mineral Interest Owners Forced Pooling | PASSED!
  • SB24-229 | Ozone Mitigation Measures | PASSED!
  • HB24-1012 | Front Range Passenger Rail District Efficiency | PASSED!
  • HB24-1304 | Minimum Parking Requirements | PASSED!
  • HB24-1341 | State Vehicle Idling Standard | PASSED!
  • HB24-1362 | Measures to Incentivize Graywater Use | PASSED!
  • SB24-014 | Seal of Climate Literacy Diploma Endorsement | PASSED!
  • SB24-037 | Study Green Infrastructure for Water Quality Mgmt | PASSED!
  • SB24-148 | Precipitation Harvesting Storm Water Detention | PASSED!
  • SB24-081 | Perfluoroalkyl & Polyfluoroalkyl Chemicals | PASSED!
  • SB24-184 | Support Surface Transportation Infrastructure Development | PASSED!
  • SB24-190 | Rail & Coal Transition Community Economic Measures | PASSED!
  • SB24-195 | Protect Vulnerable Road Users | PASSED!
  • SB24-214 | Implement State Climate Goals | PASSED!

ALL OTHER CLIMATE BILLS THAT FAILED

  • HB24-1447 | Transit Reform | DIED in Approps
  • HB24-1178 | Local Government Authority to Regulate Pesticides | FAILED!
  • SB24-009 | Local Government Disaster-Related Programs | DIED in Approps
  • SB24-028 | Study Biochar in Wildfire Mitigation Efforts | DIED in Approps.
  • SB24-038 | Authorize Conservancy District Water Management | FAILED!
  • SB24-092 | Cost Effective Energy Codes | FAILED!
  • SB24-208 | Colorado Department of Labor and Employment Regulate Electricity for Electric Vehicles | FAILED!

Week 16 Ending May 3, 2024

703 Bills Introduced

⭐️= CCLC Legislation Committee Championed

Click on the bill number to access more details

SB24-229 | Ozone Mitigation Measures | Concerning measures to mitigate ozone pollution in the state. | Sponsors: Sens Winter/Priola (plus 11 more Senators), Reps Bacon/Willford (plus 30 more Reps) | Summary: Section 2 of the bill requires the division of administration (division) in the department of public health and environment (department) to propose rules to the air quality control commission (commission) to reduce certain emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations in certain areas of the state by 50% by 2030 relative to 2017 NOx emission levels between May-September and must begin to consider NOx by 9/30/24. Section 3 requires the division to prepare an annual air quality enforcement benchmark report to summarize the division’s statewide enforcement actions, including civil penalties assessed.

Section 4 repeals limitations on temporary restraining orders and preliminary injunctions. Section 4 also authorizes a district attorney or the attorney general to seek injunctive relief to reduce the potential for a recurrence of a violation. 

Sections 5 and 6 clarify that the division has authority to impose civil penalties for violations of requirements related to toxic air contaminants, fenceline and community-based monitoring, and, if enacted in House Bill 24-1338, petroleum refinery emissions monitoring. Section 8 authorizes the director of the energy and carbon management commission (ECMC) to hire at least 2 community liaisons to serve as dedicated resources for disproportionately impacted communities, and section 12 authorizes funding of the community liaison positions from the energy and carbon management cash fund.

Under current law, an oil and gas operator (operator) is required to obtain a permit from the ECMC to commence oil and gas drilling operations. Section 9 requires the operator to also obtain from the ECMC a license to conduct oil and gas operations. Section 9 also requires operators to take actions in accordance with ECMC rules to reduce certain emissions of NOx generated from oil and gas production and preproduction operations. The ECMC is also required, in consultation with the department, to adopt rules to require enhanced systems and practices to avoid, minimize, and mitigate emissions of ozone precursors from oil and gas operations at newly permitted oil and gas locations in certain parts of the state. 

Section 10 limits a court’s authority to postpone the effective date of an ECMC order suspending or revoking an operator’s license to conduct oil and gas operations or a certificate of clearance, requiring the court to first consider various factors, including whether the moving party would face real, immediate, and irreparable injury if the effective date is not postponed and the effect that such postponement would have on the public interest. Section 11 expands the ECMC’s enforcement authority to include revoking an operator’s license to conduct oil and gas operations and expands the types of violations that are subject to suspension of all of the operator’s permits and certificates of clearance and the operator’s license to conduct oil and gas operations to include violations resulting in a penalty of $1,000,000 or more, violations that cause a major adverse impact, as defined by the ECMC by rule, and violations that cause death or serious bodily injury. Section 13 expands the scope of the orphaned wells mitigation enterprise to help finance the plugging, reclamation, and remediation of marginal wells and wells in DICs that are at the highest risk of becoming orphaned.

SB24-230 | Oil & Gas Production Fees | Concerning support for statewide remediation services that positively impact the environment. | OPPOSE | Sponsors: Sens Fenberg/Cutter, Reps  McCluskie/Velasco | Summary: The bill requires the clean transit enterprise (enterprise) to impose an O&G production fee for clean transit (production fee for clean transit) to be paid quarterly by every producer of oil and gas in the state (producer). The production fee for clean transit applies to all oil and gas produced by the producer in the state on and after July 1, 2025. No later than one week after October 1, 2025, and no later than one week after the first day of each calendar quarter thereafter, the energy and carbon management commission (ECMC) must calculate the average Henry Hub natural gas spot price reported by the United States energy information administration (average gas spot price) and average west Texas intermediate spot price reported by the United States energy information administration (average oil spot price) for the previous quarter and publish the average gas spot price and average oil spot price on the commission’s website. Prior to adopting the production fee amounts, the enterprise must consult with the ECMC on the production fee amounts.

The state treasurer must first credit the costs to the department of revenue for administering the production fees for clean transit and then credit the remaining production fees for clean transit in the following manner: 70% to the local transit operations cash fund to be used for expanding local transit service and prioritizing transit improvements in certain communities; 10% to the local transit grant program cash fund to be used for providing competitive grants to certain eligible entities for expenses associated with providing public transportation; and 20% to the rail funding program cash fund to be used for passenger rail projects and service.

No later than March 1, 2030, and every 5 years thereafter, the enterprise must complete an analysis of the production fee amounts and post the analysis on the enterprise’s website.

The bill also requires the regional transportation district to prioritize completion of the northwest rail line to Longmont and the north lines of the transportation expansion plan adopted by the regional transportation board (plan). On or before July 1, 2025, the regional transportation district is also required to submit a report to the governor and the general assembly that demonstrates how the regional transportation district will fulfill certain commitments made in the plan.

The bill also requires the division of parks and wildlife (division) to impose a production fee for wildlife and land remediation (production fee for wildlife and land remediation) to be paid quarterly by every producer of oil and gas in the state (producer). The production fee for wildlife and land remediation applies to all oil and gas produced by the producer in the state on and after July 1, 2025. The state treasurer must credit the production fees for wildlife and land remediation in the following manner: First, the costs to the department of revenue for administering the production fees for wildlife and land remediation are credited to the department of revenue; and Second, the remaining amount of production fees for wildlife and land remediation are credited to the climate resilient wildlife and land cash fund to be used for certain wildlife and land remediation purposes. The ECMC is required to routinely provide written guidance to the enterprise and the division on factors relevant to the production fee amounts for the production fee for clean transit and the production fee for wildlife and land remediation.

The bill also establishes: The accrual of interest and penalties for a producer’s failure to pay or correctly account for any production fees for wildlife and land remediation or production fees for clean transit or to keep complete and accurate records.

If a constitutional amendment is adopted at the 2024 statewide general election that requires voter approval of fees assessed for the purpose of funding mass transportation, the bill creates certain definitions that apply to the constitutional amendment.

See the CCLC Statement on our Website’s Homepage

BILL STATUS REPORT

  • HB24-1006 | Assist Rural Community Wildfire-Related Grant App | Passed House, in Senate Approps
  • HB24-1024 | Extend Outreach Campaigns Wildfire Risk Mitigation | Passed House, on Senate Floor
  • HB24-1030 | Railroad Safety Requirements | SUPPORT | Passed House Amended, on Senate Floor
  • HB24-1173 | Electric Vehicle Charging System Permits | Passed House, on Senate Floor
  • HB24-1178 | Local Government Authority to Regulate Pesticides | On House Floor
  • HB24-1249 | Tax Credit Agricultural Stewardship Practices | Passed House, on Senate Floor
  • ⭐️ HB24-1307 | HVAC Improvements for Public Schools | Passed House, on Senate Floor
  • HB24-1313 | Housing in Transit-Oriented Communities | SUPPORT | Passed House, on Senate Floor
  • HB24-1338 | Cumulative Impacts & Environmental Justice | Passed House, Passed Senate Hearing, onto Approps.
  • HB24-1339 | Disproportionately Impact Community Air Pollution | SUPPORT | Passed Hearing Amended, onto Approps
  • HB24-1352 | Appliance Requirements & Incentives | SUPPORT |  Passed Hearing Amended, onto Approps
  • HB24-1357 | Pipeline Safety | SUPPORT | Passed Hearing Amended, onto Approps
  • HB24-1366 | Sustainable Local Government Community Planning | SUPPORT | Passed Hearing, onto Approps
  • HB24-1379 | Regulate Dredge & Fill Activities in State Waters | Passed House, on Senate Floor
  • HB24-1447 | Transit Reform | Passed House, in Senate Approps
  • HB24-1449 | Environmental Sustainability Circular Economy | Passed House, in Senate Approps
  • SB24-009 | Local Government Disaster-Related Programs | Passed Senate Amended, in House Approps.
  • SB24-028 | Study Biochar in Wildfire Mitigation Efforts | Passed Ag Amended, onto Approps.
  • SB24-032 | Methods to Increase the Use of Transit | Passed Senate, on House Floor
  • SB24-150 | Processing of Municipal Solid Waste | Passed Senate, on House Floor
  • SB24-152 | Regenerative Agriculture Tax Credit | SUPPORT | Passed Senate, in  House Approps
  • SB24-185 | Protections Mineral Interest Owners Forced Pooling | Passed Senate, on House Floor
  • SB24-207 | Access to Distributed Generation | SUPPORT | Passed Senate, on House Floor
  • SB24-212 | Local Govs Renewable Energy Projects | SUPPORT | Passed Senate, in House Approps
  • SB24-214 | Implement State Climate Goals | Passed Senate Amended, in House Approps
  • SB24-218 | Modernize Energy Distribution Systems | Passed Senate, on House Floor
  • SB24-229 | Ozone Mitigation Measures | Passed Senate, on House Floor
  • SB24-230 | Oil & Gas Production Fees | OPPOSE | Passed Senate, on House Floor

FINAL DISPOSITION OF BILLS

  • HB24-1012 | Front Range Passenger Rail District Efficiency | PASSED!
  • HB24-1246 | Electric Grid Resilience Temporary Carbon Dioxide Regulation | OPPOSE | FAILED! (Postponed Indefinitely AKA PI’d.  See ya next session!)
  • HB24-1304 | Minimum Parking Requirements | PASSED!
  • HB24-1330 | Air Quality Permitting | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry
  • HB24-1341 | State Vehicle Idling Standard | PASSED!
  • ⭐️ HB24-1359 | Public Notification of Hazardous Chemical Releases | SUPPORT | FAILED! Will die in Approps without a hearing, will not be back under Polis
  • HB24-1346 | Energy & Carbon Management Regulation | OPPOSE | PASSED!
  • HB24-1362 | Measures to Incentivize Graywater Use | PASSED!
  • ⭐️ HB24-1367 | Repeal Sev Tax Exemption for Stripper Wells | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry
  • HB24-1370 | Reduce Cost of Use of Natural Gas | SUPPORT | PASSED!
  • SB24-005 | Prohibit Landscaping Practices for Water Conservation | SUPPORT | PASSED!
  • SB24-014 | Seal of Climate Literacy Diploma Endorsement | PASSED!
  • SB24-036 | Vulnerable Road User Protection Enterprise | SUPPORT |FAILED!
  • SB24-037 | Study Green Infrastructure for Water Quality Mgmt | PASSED!
  • SB24-038 | Authorize Conservancy District Water Management | FAILED!
  • SB24-039 | Nuclear Energy as a Clean Energy Resource | OPPOSE | FAILED!
  • SB24-085 | Sales & Use Tax Rebate for Digital Asset Purchases | OPPOSE | FAILED!
  • SB24-095 | Air Quality Ozone Levels | Concerning measures to address ozone levels in areas that do not meet federal ozone national ambient air quality standards. | PASSED!
  • SB24-095 | Air Quality Ozone Levels | OPPOSE | Passed Senate
  • SB24-127 | Regulate Dredged & Fill Material State Waters | OPPOSE | Passed Hearing Amended, will die in Approps
  • SB24-148 | Precipitation Harvesting Storm Water Detention | PASSED!
  • SB24-081 | Perfluoroalkyl & Polyfluoroalkyl Chemicals | PASSED!
  • SB24-092 | Cost Effective Energy Codes | FAILED!
  • ⭐️ SB24-159 | Mod to Energy & Carbon Management Processes  aka “Phase Out and Clean Up” | SUPPORT | FAILED!
  • ⭐️ SB24-165 | Air Quality Improvements | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry
  • ⭐️ SB24-166 | Air Quality Enforcement | SUPPORT | MURDERED by Polis, in a dirty deal with select ‘conservation groups’ and the O&G industry 
  • SB24-184 | Support Surface Transportation Infrastructure Development | PASSED!
  • SB24-190 | Rail & Coal Transition Community Economic Measures | PASSED!
  • SB24-195 | Protect Vulnerable Road Users | PASSED!
  • SB24-208 | Colorado Department of Labor and Employment Regulate Electricity for Electric Vehicles | FAILED!

Week 15 Ending April 26, 2024
693 Bills Introduced

  • 10 DAYS LEFT IN THE SESSION!
  • 39 Climate bills still in play; 
  • Zero Climate bills passed or failed last week;
  • 22 Climate bills languishing in Approps; (A marked improvement from a week ago!)
  • 6 on the House floor and not yet in the Senate; 
  • 5 passed the House but awaiting their first hearing in the Senate; 
  • 3 on the Senate floor, 2 of which have already passed the House; 
  • 7 Senate bills awaiting their first House hearing

Click on the bill number to access more details

SB24-212 | Local Govs Renewable Energy Projects | Concerning measures to facilitate the construction of renewable energy projects. | Sponsors: Hansen/Fenberg | Summary: The bill requires the energy and carbon management commission in the department of natural resources, at the request of a local government or tribal government, to provide technical support concerning: The development of local codes governing wind, solar, energy storage, and energy transmission projects (renewable energy projects); or The review of proposed renewable energy projects.

For all renewable energy projects, at the request of an owner or operator of a renewable energy facility (facility owner), local government, or tribal government, the division of parks and wildlife shall provide the facility owner, local government, or tribal government a set of best management practices for renewable energy projects. The best management practices may be incorporated into project plans at the discretion of the facility owner, local government, or tribal government. The division shall also identify project-specific habitat impacts and high-priority habitats based on the best available science.

The bill requires the Colorado energy office, in cooperation with the department of local affairs and the department of natural resources, to develop a repository of model codes and ordinances for renewable energy projects for the purpose of providing conceptual frameworks that local governments and tribal governments may consider and adapt to suit local circumstances and address local energy resources. On or before September 30, 2025, the Colorado energy office must submit to the general assembly a report that evaluates local government processes to determine whether reasonable pathways for renewable energy siting exist in areas with suitable wind and solar resources.

🚨 SB24-214 | Implement State Climate Goals | Concerning the implementation of state climate goals. | Sponsors: Sen Hansen, Reps Amabile/McCormick | Summary: Section 1 of the bill creates the office of sustainability in the department of personnel (department). The office of sustainability is required to work with state agencies and institutions of higher education to implement environmentally sustainable practices. The powers, duties, and functions of the office of sustainability include: Providing leadership to and requiring accountability from state agencies regarding ongoing sustainability initiatives; Developing baseline metrics and goals for reduction of negative environmental impacts and tracking state agencies’ performance in achieving the goals; Tracking the amount of money the state saves as a result of implementing sustainable practices; Seeking and applying for federal funding and other grant opportunities that would support sustainable practices within state agencies; Assisting state agencies in implementing sustainable procurement methods and introducing options for environmentally preferable products or services to state agencies; Assisting state agencies in installing energy-efficient equipment and fixtures; Assisting state agencies in meeting building performance standards such as those administered by the Colorado energy office; Coordinating and assisting in planning and constructing state agencies’ electric vehicle charging infrastructure and ensuring utilization of such infrastructure; Instituting water reduction initiatives, including but not limited to the installation of water-conserving fixtures and plants on state property; Assisting state agencies in transitioning from gas-powered to electric equipment; Implementing statewide waste diversion practices to increase state agencies’ recycling rates; Developing commuting opportunities for state employees that reduce greenhouse gas emissions and other pollution; Assisting state agencies in developing training programs to educate state employees on sustainable practices; and Conducting other activities as directed by the general assembly or the governor.

The bill creates the state agency sustainability revolving fund (revolving fund) and directs the state treasurer to transfer $540,230 from the general fund to the revolving fund. The bill specifies that the office of sustainability may use the money in the revolving fund for the purposes of operating the office and replacing the state’s gas- and diesel-powered equipment located in ozone nonattainment areas as designated by the U.S. environmental protection agency.

In addition, the bill requires the office of sustainability to review and coordinate state agencies’ applications for elective pay funding available under the federal “Inflation Reduction Act of 2022” (act), and to work with the office of the state controller to coordinate central submissions of elective pay applications by advising and assisting state agencies in submitting and centrally filing those applications and by providing technical assistance to state agencies on elective pay. The bill also creates the inflation reduction act elective pay cash fund (cash fund), which consists of money received by the department pursuant to the elective pay provisions of the act, all of which must be deposited into the cash fund to be used for the purposes of the office.

Section 2 specifies that the office of sustainability is a type 2 entity under the administrative organization act. Section 3 makes several clarifications regarding the geothermal energy grant program (grant program), including specifying that: The grant program applies to both heating-only and combined heating and cooling systems; At least 25% of the grant money must be awarded to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities; and The Colorado energy office may utilize grant program money to support education, outreach, and engagement with the general public and relevant stakeholders to facilitate the growth of the geothermal sector and awareness of relevant state programs in Colorado.

Section 4 extends the deadline for the energy code board to develop a model low energy and carbon code and specifies that the model low energy and carbon code can include appendices and resources to the international energy conservation code. Section 5 decreases the amount of money the Colorado energy office can issue in grants to local governments to support their adoption and enforcement of the 2021 international energy conservation code, an electric ready and solar ready code, and a low energy and carbon code by $125,000 and increases the amount the treasurer is required to transfer into the energy fund to $275,000. Section 6 clarifies that, for purposes of the industrial clean energy tax credit, an industrial study includes a pre-front-end or front-end engineering design study that meets or exceeds the standards established by the Colorado energy office or any other industrial studies as outlined in program standards, and that an owner includes a project developer. Section 6 also increases the amount of the credit that can be claimed to $8 million, and specifies that an owner that claims the industrial clean energy tax credit cannot, for the same greenhouse gas emission reduction improvements, claim the enterprise zone investment tax credit or receive grant money under the industrial and manufacturing operations clean air grant program. Section 9 clarifies the definition of “air-source heat pump system” pursuant to the heat pump technology and thermal energy network tax credit and allows the Colorado energy office to review and modify more credit amounts and create certificate maximums related to the heat pump technology and thermal energy network tax credit. Section 10 clarifies that certain provisions related to the clean hydrogen tax credit are subject to rules adopted by the public utilities commission.

🚨 SB24-218 | Modernize Energy Distribution Systems | Concerning measures to modernize energy distribution systems. | Sponsors: Sens Hansen/Fenberg, Reps Duran/Brown | Summary: The bill requires the office of future of work to create a grant program, in coordination with the Colorado energy office, for lineworker apprenticeship programs. On July 1, 2024, the state treasurer must transfer $800,000 from the general fund to the Colorado lineworker apprenticeship grant program cash fund, which is created in the bill, for the purposes of the grant program.

The bill also requires an investor-owned electric utility that serves 500,000 customers or more in the state (qualifying retail utility) to upgrade the qualifying retail utility’s distribution systems as necessary to support the: Achievement of the state’s beneficial and transportation electrification and decarbonization goals; and Implementation of federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations (decarbonization targets and standards).

In connection with these goals and decarbonization targets and standards, a qualifying retail utility is required to: Commence a data collection process to inform future energization timelines; Adopt certain cost caps; Propose to the public utilities commission (commission) the use of an optional flexible interconnection or energization tariff or phased interconnection or energization agreement by a customer as an alternative to system upgrades that would otherwise be required for interconnection or energization; and Establish a procedure for customers with a hybrid facility to complete the interconnection and energization process through a single application.

A qualifying retail utility is required to identify interconnection and load hosting capacity for distributed energy resources for disproportionately impacted communities within its service territory.

Prior to the establishment of the grid modernization adjustment clause, a qualifying retail utility shall recover forecasted investments placed into service and costs incurred for certain capital investment and operations and maintenance expenses (distribution activities) for a period of time ending on December 31, 2025. Recovery of the costs associated with the distribution activities must occur through the transmission cost adjustment clause or another existing adjustment clause, subject to certain conditions.

Current law requires certain utilities to file a distribution system plan (plan) with the commission. The bill also requires the plans of a qualifying retail utility to create sufficient hosting capacity across its electrical distribution system to support the implementation of the decarbonization targets and standards and certain other laws, rules, plans, and policies.

In developing a plan, a qualifying retail utility must consult with and provide compensated opportunities to disproportionately impacted communities.

The commission must open a rule-making to consider and establish rules regarding energization timelines; interconnection, energization, and electrification of end uses; and maximum individual cost caps or fees.

Subject to commission review and approval, a qualifying retail utility is required to recover certain projected costs related to distribution activities as part of the qualifying retail utility’s plans. If the commission finds that the distribution activities benefit or advance the decarbonization targets and standards or state energy policy goals, recovery of the costs must occur through the grid modernization adjustment clause. For distribution system activities that do not benefit or advance the decarbonization targets and standards or state energy policy goals, recovery of the costs may occur through the grid modernization adjustment clause if the qualifying retail utility meets the criteria established in the performance-based framework in the qualifying retail utility’s approved plan. A qualifying retail utility is required to make an annual grid modernization adjustment clause advice letter filing with the commission no later than November 1 of each year with an effective date of January 1 of the subsequent year.

No later than February 1, 2025, a qualifying retail utility is required to create and file with the commission an application to implement a virtual power plant program, including a tariff for performance-based compensation for a qualified virtual power plant. The virtual power plant program and tariff must include and implement certain requirements. A qualifying retail utility may apply to recover certain business costs to facilitate a virtual power plant program through the grid modernization adjustment clause.

By January 1, 2025, a qualifying retail utility is required to file a plan with the commission to implement programs for the undergrounding of utility distribution infrastructure (undergrounding) in nonfranchised areas in the state using 1% of an area’s gross electric revenues from the prior year. A qualifying retail utility must also consider the public benefit of undergrounding in its plans.

Love this bill! Also love the focus on creating apprenticeships to bring a lot more lineman into the workforce, because we really need them. The devil is in the details, though, and I would recommend that our members who devote lots of time to the workings of the PUC read the bill carefully, particularly sections sub(4) beginning on page 16 and sub(VI) beginning on page 24. The VPP clauses are in sub(8) on page 32—including the first ever use of the term “Prosumers” in CO state legislation! For those new(er) to the wonderful world of distributed energy resources, virtual power plants, and non-wires alternatives, I recommend reading Section 1—which is the legislative declaration and gives you a sense of what is intended with this bill—and Section 2, which provides the definitions and helps educate you on all the terminology. I’m not an expert on what other states are doing in the VPP/DERs space, but this feels like a nation-leading piece of legislation to me! I also really appreciate the requirement to underground the lines.

Since Polis has butchered the ozone bills, I believe this bill is the signature bill of the session.

Week 14 Ending April 19, 2024

670 Bills Introduced

⭐️= CCLC Legislation Committee Championed

Click on the bill number to access more details

HB24-1304 | Minimum Parking Requirements | Concerning parking requirements within metropolitan planning organizations. | Sponsors: | Summary: The bill prohibits a county or municipality, on or after January 1, 2025 June 30, 2025 , from enforcing minimum parking requirements for real property that is within a metropolitan planning organization. This prohibition does not prohibit a county or municipality from: Lowering the protections provided for persons with disabilities; Preventing a county or municipality from enacting or enforcing a maximum parking requirement; or Enforcing any agreement made in connection with a land use approval to provide regulated affordable housing in exchange for reducing minimum parking requirements; Being awarded funding for affordable housing that requires a ratio of a certain number of parking spaces; Preventing a county or municipality from enacting or enforcing a minimum parking requirement for bicycles; or The bill also allows a municipality or county, on or after January 1, 2025 December 31, 2025 , to impose the following requirements on a motor vehicle parking space that is voluntarily provided in connection with a development project that the owners of such a motor vehicle parking space charge for the use of the space; That the owner of such a parking space contribute to a parking enterprise, permitting system, or shared parking plan; and That such a parking space allow for electric vehicle charging stations in accordance with existing law.

HB24-1447 | Transit Reform | Concerning transit reform, and, in connection therewith, modifying the duties and composition of the board of directors of the regional transportation district, requiring the department of transportation to implement a bus driver training program, requiring transit providers to coordinate with metropolitan planning organizations on certain matters, and modifying the allowable use of money transferred to the department of transportation in connection with the redevelopment of the Burnham Yard rail property.

HB24-1449 | Environmental Sustainability Circular Economy | Concerning measures to improve sustainability services through the department of public health and environment, and, in connection therewith, updating the “Pollution Prevention Act of 1992”. | Sponsors: Reps Joseph/Lindsay, Sens Cutter/Priola || Summary: Section 1 of the bill replaces the Pollution Prevention Advisory Board, the Recycling Resources, Economic Opportunity Program, and the Front Range Waste Diversion Enterprise and with the Colorado Circular Communities Enterprise and the Statewide Voluntary Sustainability Program. Under current law, user fees are imposed on operators of attended solid waste disposal sites (operators) to finance the recycling resources economic opportunity program and the front range waste diversion enterprise. Section 2 applies those fees to the enterprise, requiring operators of sites located outside of the front range to pay a fee of either 2 or 4 cents per load transported for disposal and requiring operators of sites located in the front range, between July 1, 2024, and December 31, 2024, to pay a fee of 74 cents per cubic yard per load transported for disposal and, on and after January 1, 2025, to pay a fee of 78 cents per cubic yard per load transported for disposal.

SB24-207 | Access to Distributed Generation | Concerning access to distributed energy, and, in connection therewith, establishing requirements for the development of inclusive community solar capacity that investor-owned electric utilities must make available to utility customers and requiring the acquisition of distributed generation facilities paired with energy storage. | Sponsors: | Summary: Before February 1, 2027, Xcel and Black Hills must make an additional 50 megawatts of inclusive community solar capacity available, plus any unclaimed capacity left over from the previous allocation cycle, and all other utilities must make an additional 4 megawatts of inclusive community solar available. Must also reserve at least 51% of its capacity for income-qualified subscribers; Not allocate more than 40% of the new facility’s capacity to a single subscriber; and Supply to a subscriber of the new facility no more than 120% of the expected average annual total consumption of electricity by the subscriber. Avoid discrimination by prohibiting use of credit scores or utility deposits, sign up/termination fees or transfers from qualifying. Also provides low-income customers at least 25% of the value of the community solar bill credit; 30% of the value of the community solar bill credit if the new facility receives federal tax credits from the federal “Inflation Reduction Act of 2022” for the specific purpose of being located in an energy community; and 50% of the value of the community solar bill credit if the new facility receives federal tax credits from the federal “Inflation Reduction Act of 2022” specifically for providing income-qualified households with utility bill assistance. Xcel/Black Hills must acquire 50 megawatts of distributed generation paired with energy storage by June 1, 2026, and an additional 50 megawatts of distributed generation paired with energy storage between January 1, 2027, and June 1, 2027.

SB24-208 | Colorado Department of Labor and Employment Regulate Electricity for Electric Vehicles | Concerning standardization of electric vehicle charging stations, and, in connection therewith, establishing the electric vehicle enterprise and the electric vehicle enterprise special revenue fund. | Sponsors: | Summary: The bill creates the electric vehicle enterprise in the department of labor and employment. The bill authorizes the enterprise to impose and collect a fee beginning July 1, 2025, to be paid by each electric vehicle charging station retailer based on the total number of retail electric vehicle charging stations operated by the retailer and the total number of power supply devices used at such stations. The bill requires the enterprise, in consultation with the Colorado energy office to establish minimum standards related to specifications and tolerances for retail electric vehicle charging equipment

Week 13 Ending April 5, 2024

639 Bills Introduced

SB24-190 | Rail & Coal Transition Community Economic Measures | Concerning economic measures related to coal transition communities, and, in connection therewith, creating an income tax credit for qualified costs incurred in the use of certain freight rail lines; creating an income tax credit for qualified costs incurred in the maintenance, operation, and improvement of certain rail lines; expanding the rural opportunity office’s duties in relation to coal transition communities; allowing coal transition communities to qualify as enterprise zones and enhanced rural enterprise zones; restricting the length of contracts that allow use of the Moffat tunnel; and restricting the ability to purchase real property interests of the Moffat tunnel improvement district. | Sponsors: Sen Roberts, Reps Lukens/McCluskie | Summary: Pursue opportunities for new, early state, and existing businesses and support business and industry development and economic diversification in coordination with workforce training opportunities and existing state and federal programs that are designed for coal transition communities. Creates 2 income tax credits.The first income tax credit created in section 5 is a fully refundable income tax credit (freight tax credit)  of $5 million 1/1/25-36 the the office may issue the taxpayer a tax credit certificate in an amount equal to 75% of the relevant costs both stated in the taxpayer’s tax credit application and incurred by the taxpayer. The second income tax credit created in section 5 is also a fully refundable income tax credit, which incentivizes railroad operators to maintain rail line access to coal transition communities.

SB24-195 | Protect Vulnerable Road Users | Concerning protection of vulnerable road users. | Sponsors: Sens Winter/Cutter, Reps Lindsay/Lindstedt | Summary: Section 1 of the bill amends the statute that governs the use of automated vehicle identification systems (AVIS) on roadways  and authorizes CDOT, in consultation with the CSP, to promulgate rules, including rules governing the process by which use of AVIS is approved or disapproved, rules governing the AVIS enforcement process, and rules setting the amount of civil penalties, including increased civil penalties for traffic violations detected by AVIS that occur in work zones or school zones, for traffic violation detected by AVIS used by the state. Requires civil penalties collected by the state for traffic violations detected by AVIS, net of court and operations costs, to be credited to the state highway fund and used only to fund road safety projects that protect vulnerable road users. Section 2 requires CDOT to establish and include declining annual targets for vulnerable road user fatalities and requires accounting for eligible critical safety-related asset management surface transportation infrastructure projects and as determined by the transportation commission, to expend a specified minimum amount of the money credited to the state highway fund from the road safety surcharge and certain other fees, fines, and surcharges that are imposed on motor vehicle registrations and dedicated for certain types of road safety projects that protect vulnerable road users.

Week 12 Ending March 29, 202

620 Bills Introduced

NO NEW BILLS!

Week 11 Ending March 22, 2024

569 Bills Introduced

HB24-1379 | Regulate Dredge & Fill Activities in State Waters | Concerning the regulation of state waters in response to recent federal court action. | Sponsors: Reps McCluskie/McCormick, Sen Roberts | Summary:  The bill requires the water quality control commission (WQCD) in the CDPHE to promulgate rules by May 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must be at least as protective as the guidelines developed pursuant to section 404 (b)(1) of the federal “Clean Water Act”. The bill establishes duties for the division in administering the program, as follows: Compensatory mitigation is required in all individual authorizations and in general authorizations where unavoidable adverse impacts to wetlands will affect over one-tenth of an acre or, for streams, where unavoidable adverse impacts greater than the threshold established by the commission by rule will occur. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or project-proponent-responsible mitigation. Until the rules become effective: The division’s Clean Water Policy 17, “Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters”, continues to be effective; Temporary authorizations must include conditions necessary to protect the public health and the environment and to meet the intent of the bill. The bill clarifies that “state waters” includes wetlands.

SB24-184 | Support Surface Transportation Infrastructure Development | Concerning support for the development of surface transportation infrastructure, and, in connection therewith, providing funding and operational flexibility needed to support the development of transit and rail infrastructure. |Sponsors: Fenberg/Marchman, McCluskie/Boesenecker | Summary: The bill expands the Transportation Enterprise capacity to execute its charge and more explicitly prioritize mitigation of traffic congestion and traffic-related pollution through the completion of multimodal surface transportation infrastructure projects as follows: Authorizes the transportation enterprise to impose a congestion impact fee, as a new user fee, in maximum amounts of up to $3 per day on the short-term rental of a motor vehicle that is powered by an internal combustion engine and up to $2 per day for a motor vehicle that is a battery electric or plug-in hybrid electric vehicle; Clarifies that providing diverse multimodal transportation options, including rail projects, that reduce traffic congestion and degradation of existing surface transportation infrastructure is part of the enterprise’s charge; Requires the transportation enterprise to develop a new multimodal strategic capital plan that aligns with the 10-year transportation plan of the Colorado department of transportation (CDOT) and statewide greenhouse gas pollution reduction goals and priorities, complies with specified environmental standards adopted by the transportation commission, and prioritizes benefits to user fee payers and the reduction of adverse impacts on highways; complete an initial assessment of opportunities to leverage federal money; Authorizes the regional transportation district (RTD) to extend construction and operations of its northwest rail fixed guideway corridor beyond its boundaries, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service in order to gain the opportunity to access federal intercity rail service money and requires CDOT/RTD to complete of construction and operation of the RTD’s northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service.

SB24-185 | Protections Mineral Interest Owners Forced Pooling | Concerning protections for unleased mineral interest owners in the pooling of mineral interests by the Colorado energy and carbon management commission. | Sponsors: Sen Fenberg, Rep Amabile | Summary: Under current law, allows the ECMC to enter an order pooling the mineral interests of those tracts (pooling order) for the development and operation of the unit if the applicant for the pooling order: Owns more than 45% of the mineral interests in the unit (requisite ownership); or Obtains the consent of the owners of more than 45% of the mineral interests in the unit. The bill changes current law by: Requiring that a pooling order application include an affidavit that declares that the applicant has the requisite ownership or obtained the requisite consent (declaration), which affidavit must include certain leasing and well information; Allowing an unleased mineral interest owner at least 60 days before the first noticed hearing date, to file a protest with the commission disputing the applicant’s declaration (protest); prohibiting an oil and gas operator from drilling of minerals not voluntarily pooled;  Prohibiting the commission from entering a pooling order that pools the mineral if the unleased owner is a local government that has rejected an offer to lease and the minerals subject to the unleased owner’s mineral interests are within the local government’s geographic boundaries (local government unleased interest)

Week 10 Ending March 15, 2024
556 Bills Introduced

⭐️= CCLC Legislation Committee Championed

Click on the bill number to access more details

HB24-1366 | Sustainable Local Government Community Planning | Concerning sustainable local government community planning. | Sponsors: Reps Froelich/Brown | Summary: Beginning 1/1/25, upon updating a county or municipal master plan, a county or municipality (local government) to include a climate action element in its master plan. A climate action element must include climate-related goals, plans, or strategies and a description of any money received for the implementation. Requires CDOT to coordinate with metropolitan planning organizations to establish criteria that define growth corridors and identify these growth corridors. Having identified these growth corridors, the department and metropolitan planning organizations shall coordinate with local governments to develop transportation demand management plans for these growth corridors. The bill requires the statewide transportation plan to include: The identification of highway segments where promotion of context-sensitive highway permitting and design can encourage the development of dense, walkable, and mixed-use neighborhoods in transit-oriented centers and neighborhood centers; and An emphasis on integrating planning efforts within CDOT to support multimodal transportation, neighborhood centers, and transit-oriented centers in infill areas as well as growth corridors through the associated transportation demand management corridor planning. Requires CDOT to conduct a study of state highways that pass through locally identified transit-oriented centers and neighborhood centers that are candidates for context-sensitive design, complete streets, and pedestrian-bicycle safety measures.

⭐️ HB24-1367 | Repeal Sev Tax Exemption for Stripper Wells | Concerning the repeal of the severance tax exemption for Oil and Gas wells that are stripper wells. | Sponsors: Rep Kipp, Sen Winter | Summary: Oil produced from wells that on average produce 15 barrels per day or less of oil and gas produced from wells that on average produce 90,000 cubic feet or less per day of gas are commonly referred to as stripper wells and are currently exempt from the state severance tax. Section 2 of the bill repeals the stripper well severance tax exemption beginning in 2025 and removes outdated language applicable only to taxable years prior to 2000.

That’s it! Every well pays its fair share of taxes, regardless of how much or how little it produces. Regardless of whether it’s an oil well, a gas well, or both. You drill in Colorado, you pay your taxes. Small businesses have to pay taxes, we have to pay taxes, everybody pays taxes.  Oil & Gas must pay taxes too.

HB24-1370 | Reduce Cost of Use of Natural Gas | Concerning measures to reduce the cost of use of natural gas infrastructure. | Sponsors: Reps Kipp/Willford | Summary: The bill requires the Colorado energy office to issue a request for information by December 1, 2024, to solicit interest from local governments that are served by a dual-fuel utility (utility) in becoming a gas planning priority community (community). A gas planning priority community is defined in the bill as a local government in which constituents have gas service provided by a dual-fuel utility that formally indicates an interest in working with the utility to mutually explore opportunities for neighborhood-scale alternatives projects. A neighborhood-scale alternatives project geographically targets decommissioning of a portion of the gas distribution system or avoids expanding the gas distribution system in order to serve new construction projects and provides substitute energy service to buildings within the project area that is cost-effective and reduces future greenhouse gas emissions required to serve buildings. The Colorado energy office and the utility must also file a draft agreement between the utility and a proposed community to identify and pursue a neighborhood-scale alternatives project. The commission must approve or modify the list of proposed communities by June 30, 2025. The bill requires the utility to work with an approved community to rank neighborhood-scale alternatives projects and, before June 1, 2026, to submit at least one neighborhood-scale alternatives project in each community to the commission for approval or an explanation of why no neighborhood-scale alternatives project will be pursued in a community. The commission must allow the utility to recover costs incurred from the implementation of a neighborhood-scale alternatives project.

Week 9 Ending March 8, 2024

544 Bills Introduced 

Click on the bill number to access more details

HB24-1357 | Pipeline Safety | Concerning measures to promote safety in the distribution of natural gas. | Sponsors: Reps Story/Brown, Sen Priola | Summary: The bill clarifies current law by requiring the commission’s mapping requirements for all pipelines within its jurisdiction to be available at a scale of 1 to 6,000 or greater. On or before December 31, 2024, the PUC must adopt rules that require: An owner or operator of a transmission line, a distribution system, or a gathering line (owner) to use advanced leak detection technology in accordance with certain requirements; An owner to repair grade 1 gas leaks immediately upon detection, grade 2 gas leaks no later than 60 days after detection, and grade 3 gas leaks no later than one year after detection; and That all pipeline road and railroad crossings are inspected with advanced leak detection technology on a monthly basis for damage caused from traffic. The bill also requires a section of pipeline that has not been used for 2 or more years to be removed or abandoned in place. The bill also requires the PUC to develop a user-friendly, public-facing website for pipeline safety data in the state. The website must include the location, date, and owner or operator for the following data: Reportable safety events; Violations; Compliance actions; Pipeline inspection data; and How to access the mapping of pipelines within the commission’s jurisdiction. Current law provides that any person that violates certain pipeline safety laws is subject to a penalty of up to $200,000 dollars per violation. The bill changes this maximum penalty to $500,000 per violation. The amount of the penalty must also be no less than $5,000 for each day of a violation and, in the event that the commission deems that the penalty is necessary for the protection of public health, safety, welfare, the environment, or wildlife resources, no less than $15,000 per day of a violation. Beginning in 2026, the commission is required to adjust the penalty amounts for inflation every 2 years. Except with respect to an owner or operator of a distribution system serving fewer than 1,000 customers in the state, the commission is prohibited from reducing a penalty based on the factors by more than 15% and the violator is required to conduct certain compliance actions before a reduction occurs.

⭐️ HB24-1359 | Public Notification of Hazardous Chemical Releases | Concerning measures to increase public knowledge of hazardous chemicals released through oil and gas operations. | Sponsors: Reps Hamrick/Velasco, Sens Cutter/Jazquez Lewis | Summary: Current rules of the energy and carbon management commission (ECMC) require oil and gas operators to submit spill & release reports to the commission in the event of a spill or release of a hazardous chemical. The bill enacts the “Community Right to Know Act” to create additional notification requirements in the event of an incident. On and after July 1, 2024, oil and gas operators must, within 24 hours after the discovery of an incident, submit a covered report to the ECMC. Within 24 hours after the receipt of a covered report from an oil and gas operator, a notification agency must: Confirm with the oil and gas operator that the oil and gas operator has provided the covered report to any affected persons; Provide the covered report to any affected persons that have not yet received a covered report from the oil and gas operator; Provide the covered report to the county public health department and the county emergency notification party. On and after July 1, 2025, no later than 24 hours after the receipt of a covered report for a certain heightened level of an incident (warning-level covered report) from a notification agency, if the county public health department has an existing opt-in notification system, the county public health department must notify medical professionals in the county that have opted in to the county public health department’s notification system about the incident. On and after July 1, 2025, no later than 24 hours after the receipt of a warning-level covered report from a notification agency, the county emergency notification party must: If the county has an existing opt-in public emergency notification system, notify all individuals residing in the county that have opted in; and If the county does not have an existing opt-in public emergency notification system but has an existing public emergency notification system, notify all individuals residing in the county. The bill also creates the hazardous chemical notification committee in DOLA. On or before July 1, 2025, the committee is required to develop content for a hazardous chemical notification website (website) that includes certain informational and educational content about hazardous chemicals, including short-term and long-term adverse health impacts, and an entry for each report received by the designated person on and after July 1, 2025.  On or before July 1, 2025, and each calendar year thereafter, county public health departments and county emergency notification parties are required to provide a training to medical professionals and the public on the short-term and long-term adverse health impacts of exposure to hazardous chemicals and the notification requirements (training requirement). The bill also: Creates a $1,000 per day penalty for an oil and gas operator that does not comply with the notification requirements (violation); and Provides that if an oil and gas operator commits a violation 3 or more times, the oil and gas operator may not claim a waiver of liability for damages related to the third or subsequent violation.

HB24-1362 | Measures to Incentivize Graywater Use | Concerning measures to promote the use of graywater. | Sponsors: Reps Lukens/Catlin, Sens Roberts/Simpson (Bi-Partisan) | Summary: The bill authorizes the installation of graywater treatment works and the use of graywater statewide; except that a local government: May adopt an ordinance or a resolution prohibiting the installation of graywater treatment works or the use of all graywater or categories of graywater use within its jurisdiction; and Shall notify the division of administration in the department of public health and environment of any such local ordinance or resolution adopted. To incentivize the installation of graywater treatment works within a residential building for indoor water reuse, the bill also creates a state income tax credit that allows a taxpayer to claim a credit up to 50% of the cost of such an installation or up to $5,000, whichever amount is less.

WEEK 8 ENDING FEBRUARY MARCH 1, 2024

523 Bills Introduced

Click on the bill number to access more details

HB24-1338 | Cumulative Impacts & Environmental Justice | Concerning measures to advance environmental justice by reducing cumulative impacts of air pollution. | Sponsors: Rutinel/Velasco, Sen Janet | Summary: Section 2 of the bill creates the office of environmental justice in the CDPHE and section 1 requires the office to oversee a process to develop at least 2 EECIAs(Environmental Equity and Cumulative Impact Analysis) for specific geographic locations in the state. Once an EECIA is developed, various state agencies will be able to rely on the EECIA in conducting cumulative impact analyses regarding potentially polluting activities. The office must choose as locations for the EECIAs communities that are disproportionately impacted communities, with priority given to communities that have a heightened potential for widespread human exposure to environmental contaminants. CDPHE must contract with an academic institution or other third party to develop an EECIA. In developing an EECIA, the applicable contractor must perform a scientifically rigorous analysis that includes most of the recommendations made by the EJ task force. Section 4 authorizes the elected officials of an LG (Local Government) to request that the air quality control commission (AQCC) impose limits on any new or increased operational emissions of certain health-related air pollutants that would affect individuals located in the LG. To obtain approval of such a request, the LG must demonstrate to the commission’s satisfaction that: The geographic region of the LG is cumulatively impacted by pollution; and An agency of the LG has a process to review exemption requests from the limits on any new or increased operational emissions. An approved request for limits expires after 5 years and the LG must renew its request to further continue the limits. The AQCC may rescind its approval of the limits if it determines that the LG is not complying with its own processes regarding the limits. CDPHE is required under section 5 to hire a petroleum refinery regulation expert to examine whether a specific petroleum refinery rule should be adopted by the commission and examine other regulatory or nonregulatory measures performed. Section 5 requires a petroleum refinery in the state to comply with certain monitoring requirements to provide real-time emissions monitoring data to the division (not to the public). Section 5 also requires the division to establish a rapid response inspection team to respond quickly to air quality complaints received. Once the team is established, the team is required to develop processes and best practices for quickly responding to such complaints and to engage in outreach to communities regarding events and conditions that lead to excess air pollution emissions in communities.

🚨HB24-1339 | Disproportionately Impact Community Air Pollution | Concerning measures to be taken by the air quality control commission to reduce air pollution in the state. Sponsors: Reps Weissman/Rutinel, Sen Winter | Summary: Under current law, the air quality control commission (AQCC) consists of 9 members. As of October 1, 2024, section 2 of the bill increases the membership of the commission to 11 members to include: One member who represents a disproportionately impacted community and the interests of communities of color and who does not derive income from an entity that the commission regulates; and One climate scientist employed by an organization that does not derive income from an entity that the commission regulates. Under current law, the commission is required to adopt rules regulating greenhouse gas (GHG) emissions from the industrial and manufacturing sector (sector). Section 3 requires the commission to adopt rules, to be implemented by January 1, 2025, that:

  • Prohibit GHG emissions from the sector from increasing in the near term and require sector-wide emissions not to exceed 97 million metric tons of total carbon dioxide equivalent cumulatively between 2025 and 2030;
  • Prohibit a sector source from complying with GHG emissions compliance obligations by making a payment unless the payment is made in exchange for GHG credit that is surrendered as part of a GHG credit trading program; and
  • Establish source-specific GHG emission reduction requirements that must be met through direct reductions of GHG emissions for a sector source that adversely affects a disproportionately impacted community.

HB24-1341 | State Vehicle Idling Standard | Concerning the state idling standard, and, in connection therewith, authorizing a local government to enact a resolution or ordinance concerning idling that is at least as stringent as, but not less stringent than, the state standard. Sponsors: Reps Marvin/Willford | Summary: 

Current law imposes a uniform state idling standard on an owner or operator of a covered vehicle that prohibits the vehicle from idling for more than 5 minutes within any 60-minute period, except in certain situations. Current law also prohibits a local government from enacting a resolution or ordinance concerning the idling of a covered vehicle that is more stringent than the state idling standard.

The bill authorizes a local government to enact a resolution or ordinance concerning the idling of a covered vehicle that is at least as stringent as, but not less stringent than, the state idling standard.

🚨HB24-1346 | Energy & Carbon Management Regulation | Concerning energy and carbon management regulation in Colorado, and, in connection therewith, broadening the ECMC’s regulatory authority to include direct air capture (DAC) and geologic storage operations. Sponsors: Reps Titone/McCormick, Sens Hansen/Priola | Summary:  The commission may: Impose any regulatory responsibility or financial assurance obligation on a CCS operator if the operator makes a material misrepresentation or omission that causes the commission to approve a site closure; and Assess and collect regulatory and permitting fees from geologic storage operators. The bill also allows the commission to hire and designate employees of the ECMC as administrative law judges (so not under the authority of the Attorney General!) who have the authority to administer proceedings on behalf of the commission. The bill changes this statute of limitations to 3 years (from 1 year) after the discovery of the alleged violation and provides that the 3-year statute of limitations period does not apply if information is knowingly or willfully concealed by the alleged violator. The bill also expands the following energy and carbon management law areas to include geologic storage operations and direct air capture facilities: Enforcement and civil penalty procedures; Use of the ECMC cash fund by the commission; Mitigation of adverse environmental impacts by the commission or an operator; and State agency and local government authority over oil and gas development. The ECMC is required to adopt rules related to the permitting and regulation of direct air capture facilities. When reviewing an application for a direct air capture facility, the commission must consider whether a setback of the DAC facility from certain areas is necessary and reasonable to protect and minimize adverse impacts. The bill also establishes that: Ownership of pore space necessary for geologic storage (air pockets in the dirt) is vested in the owner of the overlying surface estate; The order to pool pore space for CCS must include terms and conditions that are just and reasonable and establish a plan for operations of the geologic storage unit (plan). An order is effective only if the plan has been approved by those persons that collectively own at least 75% of the pore space. The bill also allows a local government to request that the director of the commission appoint a technical review board to assist a local government in analyzing and answering any technical questions regarding the local government’s land use regulations. The bill also requires the CDPHE to develop CO2 accounting procedures for CCS and DAC. The ECMC and the CDPHE must also work collaboratively to address air emissions from direct air capture facilities and geologic storage operations.

🚨HB24-1352 | Appliance Requirements & Incentives | Concerning measures to increase access to affordable appliances for a healthy community. | Sponsors: Reps Froelich/Velasco, Sen Cutter | Summary: The bill prohibits the sale of certain air conditioners that are manufactured on or after January 1, 2027, unless the covered HVAC complies with certain technical standards. In 2029 and 2034, CDPHE must assess compliance with the technical standards. In the case of a third or subsequent violation of the standards, the attorney general may bring a civil action to seek a civil penalty of no more than $2,000 per ton of cooling and certain other remedial actions. By 1/1/26, semi-annually until 2034, the Colorado energy office (CEO) must conduct a study re households/housing providers installing a covered HVAC vs one that does not meet the technical standards. By 1/1/27 the CEO shall establish a program to offer certain financial incentives to certain income-qualified households and income-qualified housing providers to cover the average cost difference described in the energy office’s most recent study. 1/1/24-1/134 creates a refundable, assignable state income tax credit of $5K for certain cold-climate heat pumps or ground-source heat pumps. But the amount claimed may be increased based on certain criteria. A home builder or an HVAC contractor must provide certain verification information to the department of revenue to qualify for the tax credit. Requires the CEO to post information about the tax credit on their website.

On or before April 1, 2025, requires a public utility that provides electricity to submit to the public utilities commission a proposal for a specific voluntary rate or rates for electricity supplied to residential customers who utilize a heat pump as their primary heating source. On 1/1/25, new building construction project must include certain requirements in the state agency’s criteria for receiving state financial assistance.  This bill changes current law to require new residential windows, residential doors, and residential skylights to instead satisfy certain standards in the International Energy Conservation Code.

WEEK 7 ENDING FEBRUARY 23, 2024

⭐️= CCLC Legislation Committee Championed
🗣= You know you make me want to shout ACTION ALERT! Tell your friends and neighbors
Click on the bill number to access more details

HB24-1313 | Housing in Transit-Oriented Communities | Concerning measures to increase the affordability of housing in transit-oriented communities. | Sponsors: Reps Woodrow/Jodeh, Sens Hansen/Winter | Summary: (OK this bill has a super long summary so I’ma chop it down; click the bill thing for details.) Section 1 of the bill establishes a category of local government: A transit-oriented community. As defined in the bill, a transit-oriented community is entirely within a metropolitan planning organization, Has a population of 4,000 or more; and Contains at least 75 acres of certain transit-related areas; or If the local government is a county, contains either a a transit station area that is both in an unincorporated part of the county and within one-half mile of a station that serves a commuter rail service or light rail service; or A transit corridor area that both is in an unincorporated part of the county and is fully encompassed by one or more municipalities.

The bill requires a transit-oriented community to meet its housing opportunity goal. A housing opportunity goal is a zoning capacity goal determined based on housing density and the amount of transit-related areas. (See the bill for more details). A transit-oriented community is required to demonstrate that it has met is housing opportunity goal by submitting a housing opportunity goal report to the department of local affairs (see the bill yada yada). After receiving a transit-oriented community’s housing opportunity goal report, the department shall either approve the report or provide direction, or if the department does not approve a transit-oriented community’s housing opportunity goal report, the department will designate the transit-oriented community as a nonqualified transit-oriented community. (Oh, woe is me! But read on for why you want to go through all this bureaucracy—the carrots!) The state treasurer shall transfer any money that a nonqualified transit-oriented community would have otherwise been allocated from the highway users tax fund instead to the transit-oriented communities highway users tax account. (And some sticks…) If the department does not approve a transit-oriented community’s housing opportunity goal report on or before December 31, 2027, the department may seek an injunction requiring the transit-oriented community to comply with the requirements of the bill. The bill also creates a grant program to assist local governments in upgrading infrastructure within transit centers and neighborhood centers. The fund is continuously appropriated. On July 1, 2024, the state treasurer shall transfer $35 million from the general fund to the fund. (Sing the money song here.)

⭐️  HB24-1330 | Air Quality Permitting | Concerning modifications of processes to obtain permits for activities that impact air quality. | Sponsors: Reps Bacon/Willford, Sen Cutter | Section 1 of the bill clarifies that a request for general permit registration does not constitute having a valid construction permit. Strangely, frackers could proceed without one before! Section 1 also requires the CDPHE in evaluating a permit application for an emitting source (source) that includes an oil and gas system (oil and gas system), to:

  • Aggregate emissions from the oil and gas system; and (because now they can submit each emitting piece of a development as a separate air permit to avoid more stringent regulations)
  • Include emissions from exploration and preproduction activities. (Because these are THE HIGHEST EMITTING processes and they’re considered temporary so today THESE ENORMOUS EMISSIONS DO NOT COUNT.  Magic disappearing massive emissions!)

Section 2 requires that the division or the commission only grant permits for certain proposed sources in a nonattainment area if:

  • The division or commission determines that the proposed source WILL NOT CONTRIBUTE TO AN EXCEEDANCE of any applicable national ambient air quality standard (this is yuge);
  • The owner or operator of the proposed source achieves emissions reductions of each air pollutant for which the nonattainment area is in nonattainment that are equal to or greater than the anticipated emissions of the proposed source; and
  • The proposed source is not in a disproportionately impacted community. (BOOM there it is.)

On and after January 1, 2025, the division or commission must base any determination on the modeling of air quality impacts from emissions (air quality modeling).

If a permit is granted after air quality modeling is conducted:

  • Any assumption used in the air quality modeling must be included in the permit as a permit condition; and
  • Any averaging time utilized for a permit condition must be no greater than the averaging time for any applicable national ambient air quality standard.

Section 3 requires the energy and carbon management commission to require that an oil and gas operator obtain a (air emissions) permit before making a final determination on an oil and gas permit application. Read the Fact Sheet.

⭐️ SB24-165 | Air Quality Improvements | Concerning measures to reduce emissions of air pollutants that negatively impact air quality. | Sponsors: Sens Priola/Cutter, Reps Rutinel/Garcia | Summary: On or before December 31, 2028, the bill requires the air quality control commission (AQCC) to adopt by rule certain emission standards and requirements for in-use, off-road, diesel-fueled fleets (like bulldozers, fracking rigs and backhoes).

On or before December 31, 2025, the AQCC must adopt rules for controlling emissions from facilities, buildings, structures, installations, or real property that generates mobile source activity that results in emissions of air pollutants (indirect source) within the 8-hour ozone Denver metro/north front range nonattainment area. The rules must include emission reduction targets for indirect sources to achieve and a process for the CDPHE to review alternative approaches proposed by an owner or operator of an indirect source. The commission may establish a fee for indirect sources within the covered nonattainment area to cover the division’s costs in implementing the rules.

The bill also defines “ozone season” as the period beginning May 1 and ending September 30 of each year (ozone season). Beginning in the 2025 ozone season, and in each ozone season thereafter, any oil and gas preproduction activity within the covered nonattainment area must pause for the duration of the ozone season.

On or before June 30, 2024, and on or before each June 30 thereafter, an oil and gas operator in the state is required to submit an oil and natural gas annual emission inventory report (inventory report) to the division that includes, for the previous calendar year, the emissions of certain air pollutants from oil and gas operations under the control of the oil and gas operator.

On or before October 1, 2024, and on or before each October 1 thereafter, the division, in coordination with the energy and carbon management commission (ECMC), must prepare a report regarding the inventory reports received by the division for the previous calendar year and certain other information.

On or before November 30, 2024, and on or before each November 30 thereafter, for the ozone season of the subsequent year, an oil and gas operator that controls oil and gas operations in the covered nonattainment area must submit a report to the division estimating emissions of nitrogen oxides from the oil and gas operator’s operations in the covered nonattainment area (estimates).

For the 2025 ozone season, and for each ozone season thereafter, the ECMC, in consultation with the division, must develop an ozone season nitrogen oxides emission budget for the emissions of nitrogen oxides by oil and gas operations in the covered nonattainment area, which budget must set certain maximum average emission levels of nitrogen oxides by oil and gas operations.

On or before February 1, 2025, and on or before each February 1 thereafter, the division must prepare a nitrogen oxides report regarding the estimates received by the division for use by the ECMC in determining if the total estimates received exceed the budget for the ozone season of the current year.

Beginning in February 2025, and in each February thereafter, the ECMC, in consultation with the division, must act to limit emissions of nitrogen oxides from oil and gas operations in the covered nonattainment area in a manner that prevents an exceedance of the current year’s budget.

The bill also requires the department of transportation to establish vehicle miles traveled reduction targets for the covered nonattainment area and to develop policies and programs to assist applicable metropolitan planning organizations in meeting the targets. Read the Fact Sheet.

⭐️ SB24-166 | Air Quality Enforcement | Concerning measures to increase the enforcement of violations that impact the environment. | Sponsors: Sen Winter, Reps Froelich/Velasco | Summary: Section 1 of the bill defines a “repeat violator” as a person that, in a 3-year period, has committed 5 or more violations of certain air quality laws. Also defines a “high-priority repeat violator” as a repeat violator that, in a 3-year period, has committed 5 or more exceedances of the allowable emissions of an air pollutant in a permit (I’m looking at you, Suncor, with your 1,000 violations in the last five years, and you, Prospect Energy, with your permanent refusal to comply with emissions regulations, and a lot more of yous.) Section 2 requires the CDPHE in the case of a violation by a repeat violator, to issue an order of compliance (order) for the violation instead of issuing a warning letter. The order must assess civil penalties and, in the case of a high-priority repeat violator, must require the high-priority repeat violator to conduct and submit to the division a root cause analysis for the violation, which must be submitted to the division within 90 days after the order. In connection with an order and in the case of a high-priority repeat violator, the division must require a reduction in emissions of any air pollutant applicable to an emission exceedance from any emission unit where a violation occurred in accordance with certain standards. Section 2 also clarifies that the division may assess civil penalties for air quality violations without instituting an action in district court. Section 2 also allows a person, with respect to air quality laws, to commence a civil action  against an alleged violator. A person shall not commence an action until at least 60 days after a notice has been provided to the executive director of the department of public health and environment, the director of the division, and the alleged violator. Except for violations of an ongoing or recurring nature, any action that is not commenced within 5 years after the discovery of the alleged violation is time barred. Section 2 also requires the division, on or before February 1, 2025, and on or before each February 1 thereafter, to prepare and post on the division’s website an air quality enforcement report, (because they don’t do that now, sigh) which must contain certain air quality enforcement information from the previous calendar year. Section 3 requires that: In the case of a repeat violator, the division or a district court assess a civil penalty that is at least 50% of the maximum civil penalty applicable to the violation under applicable state air quality laws; and In the case of a violation by a repeat violator in a disproportionately impacted community, the division or a district court assess a civil penalty that is at least 75% of the maximum civil penalty applicable to the violation under applicable state air quality laws… Raises the maximum civil penalty to the amount provided by state air quality laws. Section 6 requires a district court, in a suit against a person that has violated a state law related to energy and carbon management, to award the initial complaining party any costs of litigation incurred by the initial complaining party if the court determines that the award is appropriate. Current law exempts damage awards from the state constitutional definition of “fiscal year spending”, which counts toward the state’s annual spending limit pursuant to state constitutional law. Section 7 (makes money awarded exempt from TABOR provisions.) Read the Fact Sheet.

WEEK 6 ENDING FEBRUARY 16, 2024

HB24-1246 | Electric Grid Resilience Temporary Carbon Dioxide Regulation aka “The Don’t Look Up Bill” | Concerning emissions emanating from (extraterrestrial) power sources, and, in connection therewith, addressing electric generation and distribution resilience and suspending the regulation of carbon dioxide as an air pollutant. | Sponsor: Rep DeGraaf | Summary: The bill requires the public utilities commission (PUC) to develop a contingency plan to create electrical generation and grid resilience against geomagnetic storms. Standards are set for the plan. The commission shall promulgate rules requiring an electrical utility to… do a bunch of expensive stuff for a circumstance that can’t be averted, like: Incorporate the resiliency plan; isolate large power transformers and power generation from the grid; Mechanically isolate critical components if or when the coronal mass ejection is likely to cause geomagnetically induced currents; Restrict or close fuel pipeline valves to mitigate damage; Install automatic neutral ground blocking devices in large power transformers; Ensure computer equipment can be mechanically isolated from the grid and sheltered from geomagnetically induced surges; Require all networked systems that operate electrical generation and distribution to be electronically and physically separable from the outside networks; and Require cyber-certification of hardware and software that operate electrical generation and distribution. What’s the fiscal note on this, $10B? Current law sets carbon dioxide emission reduction goals for the years 2030 and 2050. The bill extends these goals to 2040 and 2060 and makes these goals a lower priority than the electrical generation and distribution resilience provisions of the bill. SIGH. The bill prohibits the classification of carbon dioxide as an air pollutant and establishes, notwithstanding any other law to the contrary, that state statute, executive agency rules, and any regulations of political subdivisions of the state must not include the regulation of carbon dioxide emissions as a pollutant. Any portion of an executive agency rule that treats carbon dioxide emissions as a pollutant is voidNAUSEA. You see, it’s going to be an geomagnetic storm that kills us all, and we’ve been worried about climate change for nothin’. (How this bill doesn’t violate the single subject rule is beyond me.)

HB24-1249 | Tax Credit Agricultural Stewardship Practices | Concerning a state income tax credit for active agricultural stewardship practices. | Sponsors: Reps Winter/Martinez, Sens Pelton/Roberts (Bi-Partisan) | Summary: The bill establishes a state income tax credit for active qualified stewardship practices on a farm or ranch beginning January 1, 2026. There are 3 tiers of tax credits that may be earned by a qualified taxpayer: $75 per acre of land for one; $100/acre for actively practicing 2 qualified stewardship practices; for 3 or more up to $150 per acre. The aggregate amount of tax credits issued in one calendar year cannot exceed $10 million“Qualified stewardship practice” means rotational grazing, rotational crops, reduced/no till soil, cover cropping, interseeding, compost application, or any other practice that increases soil health, improves water efficiency, or creates more diverse and beneficial ecosystems while maintaining the productivity of the farm or ranch.

⭐️ HB24-1307 | HVAC Improvements for Public Schools | Concerning HVAC infrastructure improvement projects in schools. | Sponsors: Lieder/Hamrick, Sen Marchman | Summary: The bill requires schools to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the school administrative entity undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source specifically for such purpose. The requirements established in the bill concern: Ventilation verification assessments, which include assessments of an HVAC system’s filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, operational controls, and carbon dioxide output; The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements and estimate associated costs; HVAC adjustments, repairs, upgradesand replacements; The bill establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the bill. A school administrative entity that undertakes HVAC infrastructure improvements must do so using only contractors on the certified contractor list established by the department of labor and employment. The bill allows a school administrative entity to apply for grants to pay for HVAC infrastructure improvement projects and establishes requirements for school administrative entities that apply for grants from federal and state government sources. See the Fact Sheet below.

⭐️ SB24-159 | Mod to Energy & Carbon Management Processes aka “Phase Out and Clean Up” | Concerning modifications to processes to further protect public health in energy and carbon management. | Sponsors: Sens Jaquez Lewis/Priola, Reps Boesenecker/Marvin | Summary: On or before July 1, 2027, requires the energy and carbon management commission (ECMC) to cease issuing new oil and gas permits before January 1, 2030, which must include reduction to 660 permits in 2028 and 330 in 2029 with cessation of new permits by 2030.  The bill also prohibits high-emmisions activities like recompilations (refracking) for existing wells, but does not ban production from 48,000+ existing wells in operation. Also requires the commission to include as a condition in any permit issued after July 1, 2024, must be drilled on or before December 31, 2032, as to each oil and gas well included in the permit.  If the commission determines that mitigation of adverse environmental impacts is necessary as a result of oil and gas operations, current law requires the commission to issue an order requiring a responsible party to perform the mitigation. If the responsible party refuses to perform the mitigation or is identified after the state provides funds for the mitigation, the commission must sue the responsible party to recover the costs of the mitigationSection 3 changes current law by: Expanding mitigation to include mitigation of adverse environmental impacts as a result of any activily regulated by the ECMC (including geothermal, hydrogen, underground storage of carbon and methane, gravity storage etc.; Adding a prior owner or operator to the definition of “responsible party”; and Allowing a current or prior owner or operator to be held jointly and severally liable for the costs of any mitigationSection 4 requires the office of future of work to present recommendations as a result of the adoption of the permitting rules to the general assembly in January 2028. Here’s the Phase Out Fact Sheet. Here’s the  Liability Reform Fact Sheet.

WEEK 5 ENDING FEBRUARY 9, 2024

SB24-085 | Sales & Use Tax Rebate for Digital Asset Purchases | Concerning a rebate of the state sales and use tax paid on new digital infrastructure assets purchased in connection with an eligible data center. Sponsors: Sens Priola/Buckner, Reps Parenti/Weinberg (Bi-partisan) | Summary: For the state fiscal year beginning July 1, 2026, and for each state fiscal year thereafter through the state fiscal year beginning July 1, 2033, the bill allows a data center business or a data center operator (taxpayer) to claim a rebate for all state sales and use tax that the taxpayer paid for construction materials or data center equipment that is for the construction or operation of an eligible data center, including everything imaginable, plus software. An “eligible data center” is defined as a data center that creates at least 20 jobs, generates at least $100M of revenue, and requires a min of 3MW of power. The commission may issue certification for up to 3 data centers to claim a sales and use tax rebate in any fiscal year. No prohibition on crypto-mining

SB24-123 | Waste Tire Management Enterprise | Concerning the creation of an enterprise that is exempt from the requirements of section 20 of article X of the state constitution to administer a fee-based waste tire management program. | Sponsors: Sens Priola/Hansen, Reps Mauro/Froelich | Summary:  The bill creates the waste tire management enterprise (enterprise). Under current law, when a consumer buys new tires, the retailer charges the consumer a waste tire fee (fee) that is then collected by the department of public health and environment (CDPHE) and distributed into 2 separate cash funds: The waste tire administration, enforcement, market development, and cleanup fund; and The end users fund. The department uses the money in the end users fund to issue rebates to end users of waste tires.

🚨 SB24-127 | Regulate Dredged & Fill Material State Waters | Concerning the establishment of a dredge-and-fill permit program to regulate the discharge of pollutants into certain state waters in response to recent changes in federal law. | Sponsors: Sen Kirkmeyer, Rep Bird (Bi-Partisan) | Summary: The bill creates the stream and wetlands protection commission (commission) in the department of natural resources (DNR) and requires the commission to develop, adopt, and maintain a dredge-and-fill permit program for: Regulating the discharge of dredged or fill material into certain state waters; and Providing protections for state waters, which protections are no more restrictive than the protections provided under the federal “Clean Water Act” as it existed on May 24, 2023. The commission is required to promulgate rules as expeditiously as is prudent and feasible concerning the issuance of permits under the permit program. Until the division implements such rules, the bill prohibits the water quality control division in the department of public health and environment from taking any enforcement action against an activity that includes the discharge of dredged or fill material into state waters if the activity causing the discharge is conducted in a manner that provides for protection of state waters consistent with the protections that would have occurred through compliance with federal law prior to May 25, 2023. The bill directs the state treasurer to transfer $600,000 from the severance tax operational fund to the capital construction fund on July 1, 2024, for the implementation of the bill.

SB24-148 | Precipitation Harvesting Storm Water Detention | Concerning allowing certain facilities to use water detained in a storm water detention and infiltration facility for precipitation harvesting. | Sponsor: Sen Van Winkle | Summary: Under current law, an entity that owns, operates, or has oversight over a storm water detention and infiltration facility (facility) is not allowed to divert, store, or otherwise use water detained in the facility. For facilities that are also approved for use as a precipitation harvesting facility, either through a substitute water supply plan or an augmentation plan, the bill authorizes the use of water detained in the facility for precipitation harvesting.

SB24-150 | Processing of Municipal Solid Waste | Concerning requirements for the processing of municipal solid waste in the state. Sponsors: Sen Cutter, Rep Froelich | Summary: On and after July 1, 2024, section 2 of the bill prohibits a person from operating or expanding certain units that incinerate municipal solid waste (incineration unit). Section 3 changes current law to provide that synthetic gas produced by the pyrolysis of waste materials is not an eligible energy resource for the purpose of certain state-level renewable energy standards. Section 4 changes current law to specify that methane derived from the pyrolysis of municipal solid waste is not recovered methane that is a clean heat resource for the purpose of clean heat plans.

🚨SB24-152 | Regenerative Agriculture Tax Credit | Concerning an income tax credit for qualifying food and beverage retailers in the state that source ingredients from local producers practicing regenerative agriculture. | Sponsors: Sens Simpson/Roberts, Rep McCormick (Bi-Partisan) | Summary: The bill creates a tax incentive program equal to 25% of the total amount paid to be administered by the department of Ag to encourage local food and beverage retailers to purchase agricultural commodities from local producers practicing regenerative agriculture, for  purchasing produce and animal products from qualifying local producers. Fact Sheet here.

WEEK 4 ENDING FEBRUARY 2, 2024

New bills this week

HB24-1173 | Electric Vehicle Charging System Permits | Concerning expediting the process for permitting electric motor vehicle charging systems. | Sponsors: Rep Valdez, A. | Summary: The bill establishes an expedited permitting process for the approval of electric motor vehicle (EV) charging systems for counties and municipalities. A board of county commissioners or the governing body of a municipality must adopt an application procedure for an applicant to apply for an EV charger permit to install an EV charging system. The county permitting agency will review and approve, conditionally approve, or deny an EV charger permit: Within 30 days after the application is considered complete, for an application that proposes to build fewer than 13 charging stations on a parcel where the EV charging system is considered an accessory land use to the existing or primary land use on that parcel; or Within 60 days after the application is considered complete, for an application that proposes to build 13 or more charging stations. If county takes no action within the time period then the EV charger permit is granted to the applicant. The bill also instructs the Colorado energy office to develop a model code regarding the approval of EV charger permits and provide counties and municipalities technical assistance in developing and administering the expedited EV charger permitting process.

HB24-1178 | Local Government Authority to Regulate Pesticides | Concerning local government authority to regulate pesticides. | Sponsors: Reps Kipp/Froelich, Sens Cutter/Jaquez Lewis | Summary: Current law prohibits a local government from creating laws that regulate the use of pesticides by pesticide applicators regulated by state or federal law. The bill allows a local government to create and enforce laws regulating the sale or use of pesticides to protect the health and safety of the community with certain exceptions.

Week 3 ending January 26, 2024

NEW BILLS THIS WEEK

SB24-092 | Cost Effective Energy Codes | Concerning cost effective energy codes. | Sponsors: Sen Pelton, Rep Pugliese | Summary: The bill requires any provision of any energy code adopted by a county or municipality on or after January 1, 2026, to be cost effective. “Cost effective” means, using the existing energy efficiency standards and requirements as a base of comparison, that the economic benefits of the proposed energy efficiency standards and requirements will exceed the economic costs of those standards and requirements based upon an incremental multi-year analysis that: Considers the perspective of a typical first-time home buyer; Considers benefits and costs over a 10-year period; Does not assume fuel price increases in excess of the assumed general rate of inflation; Ensures that the buyer of a home who would qualify to purchase the home before the addition of the energy efficiency standards will still qualify to purchase the same home after the additional cost of energy saving construction features; and Ensures that the costs of principal, interest, taxes, insurance, and utilities will not be greater after the inclusion of the proposed cost of the additional energy saving construction features required by the proposed energy efficiency rules than under the provisions of the existing energy efficiency rules. 

SB24-095 | Air Quality Ozone Levels | Concerning measures to address ozone levels in areas that do not meet federal ozone national ambient air quality standards. | Sponsors: Sen Kirkmeyer | Summary: Creates a high-emitter vehicle program for owners of motor vehicles that are not in compliance with emission standards and that have been issued a certification of emissions waiver (qualified vehicle). If the owner of a qualified vehicle resides in a nonattainment area for ozone and has unsuccessfully attempted to have the motor vehicle repaired to cure the noncompliance, the owner is eligible for a voucher of $850. Wait, coal-rollers get rewarded? The vouchers may be redeemed at qualified repair facilities that will bring the vehicle into compliance. Requires the air quality control commission (AQCC) to create a garden rebate program to increase the use of electric motors used for outdoor power equipment. The program must: Provide a point-of-purchase rebate of the lesser of $150 or one-third of the price for each piece of outdoor power equipment purchased by the end user in a nonattainment area for ozone; Establish a registration system for qualified retailers; Repeals the current tax credit for buying lawn and garden equipment with an electric motor. Expands the clean fleet enterprise program to include light-duty trucks; Authorize the clean fleet enterprise to provide grants of up to 80% of a local government’s cost of low-NOx; Requires the APCD (Air Pollution Control Division) to regularly perform, in the nonattainment area for ozone, photochemical modeling studies and data analysis designed to determine ambient air ozone levels and the effectiveness of policies for lowering ambient air ozone levels. Repealed when Colorado achieves attainment.

WEEK 2 ENDING JANUARY 19, 2024

No New Bills This Week!
Click on the bill number to access more details

WEEK 1 ENDING JANUARY 12, 2024

NEW BILLS THIS WEEK

Energy

SB24-039 | Nuclear Energy as a Clean Energy Resource | Concerning the inclusion of nuclear energy as a source of clean energy. | Sponsor: Sen Liston | Summary: The statutory definition of “clean energy” in current law determines which energy projects are eligible for clean energy project financing at the county and city and county level. The statutory definition of “clean energy resource” in current law determines which energy resources may be used by a qualifying retail utility to meet the 2050 clean energy target. The bill updates the statutory definitions to include nuclear energy. (The problem is with the bolded sentence: it’s too costly, the plant’s concrete/steel carbon footprint is too large, it takes too long to build to be useful for our 2050 goal, and of course there’s the problem with uranium mining and spent fuel.) | Recommendation: OPPOSE

Transportation

HB24-1012 | Front Range Passenger Rail District Efficiency | Concerning the operational efficiency of the front range passenger rail district.| Sponsors: Reps Mauro/Boesenecker, Sen Zenzinger | Summary: modifies FRPR Board administration stuff

HB24-1030 | Railroad Safety Requirements | Concerning railroad safety | Sponsors: Rep Mabrey, Sens Cutter/Exum | Summary: Limiting the maximum length of a train operating in the state, requiring certain railroads to use wayside detector systems, limiting the amount of time a train may obstruct public travel at certain crossings, authorizing a crew member’s designated union representative to investigate certain reported incidents, authorizing the public utilities commission to impose fines for certain violations, requiring fine revenue to be paid to the front range passenger rail district for the purposes of maintaining and improving the safety of a front range passenger rail system, and requiring certain railroads to carry insurance coverage in minimum amounts. | Recommendation: SUPPORT

SB24-032 | Methods to Increase the Use of Transit | Concerning methods to increase the use of transit. | Sponsors: Sens Priola/Jaquez Lewis, Rep Vigil | Summary: The bill creates the statewide transit pass exploratory committee within CDOT to produce a viable proposal for the creation, implementation, and administration of a statewide transit pass. The committee is required to meet as necessary to produce a viable proposal by July 1, 2026, with the goal of implementing a statewide transit pass by January 1, 2028.

SB24-036 | Vulnerable Road User Protection Enterprise | Concerning the creation of an enterprise to provide infrastructure improvements that protect vulnerable road users. | Sponsors: Sens Winter/Cutter, Reps Lindsay/Lindstedt | Summary: Provides funding for transportation system infrastructure improvements and other data-driven strategies identified in the federal highway administration-mandated vulnerable road user safety assessment, which CDOT is required to develop, that reduce the number of collisions with motor vehicles that result in death or serious injury to vulnerable road users. The enterprise is required to impose a vulnerable road user protection fee, which is imposed in tiered amounts that are calculated based on motor vehicle weight and configuration, on the registration of passenger cars and light trucks that are not commercial vehicles. Fee revenue is credited to a newly created vulnerable road user protection enterprise cash fund and continuously appropriated to the enterprise. | Recommendation: SUPPORT

GHG Pollution

SB24-028 | Study Biochar in Wildfire Mitigation Efforts | Concerning a comprehensive study on biochar, and, in connection therewith, studying the use of biochar in wildfire mitigation efforts. | Sponsors: Sens Cutter/Will, Rep Velasco (Bi-partisan) | Summary: directs the board of governors of the Colorado state university system (board) to conduct, or cause to be conducted, a comprehensive study on biochar, including its use in wildfire mitigation efforts. The board is required to submit a report on the findings of the study to specified committees of the general assembly by July 2026.

Climate Impacts

HB24-1006 | Assist Rural Community Wildfire-Related Grant App | Concerning assistance for rural communities to apply for wildfire-related grant money. | Sponsors: Reps Velasco/Snyder, Sens Cutter/Will (Bi-partisan) | Summary: Directs the rural opportunity office to assist rural communities with identifying and applying for state or federal grants for wildfire mitigation, prevention, response, or risk management efforts (wildfire-related grants) and to annually report back to the legislature

HB24-1024 | Extend Outreach Campaigns Wildfire Risk Mitigation | Concerning the continuation of public outreach campaigns relating to wildfire risk mitigation in the wildland-urban interface | Sponsors: Reps Story/Velasco, Sen Cutter | Summary: The bill requires the Colorado state forest service (forest service) to conduct enhanced wildfire awareness month outreach campaigns (campaigns) through 2027 and other outreach efforts through the 2026-27 state fiscal year that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface. $300K from the general fund.

SB24-005 | Prohibit Landscaping Practices for Water Conservation | Concerning the conservation of water in the state through the prohibition of certain landscaping practices. | Sponsors: Sens Roberts/Simpson, Reps McCormick/McLachlan (Bi-partisan) | Summary: Prohibits local governments and HOAs from allowing the installation, planting, or placement of nonfunctional turf, artificial turf, or invasive plant species on commercial, institutional, or industrial property or a transportation corridor. | Recommendation: SUPPORT

SB24-009 | Local Government Disaster-Related Programs | Concerning assisting local governments in disaster-related programs. | Sponsors: Sens Cutter/Jaquez Lewis, Rep Snyder | Summary: Establishes the slash removal pilot program to support county efforts to efficiently and effectively remove slash.

SB24-014 | Seal of Climate Literacy Diploma Endorsement | Concerning authorization for granting a high school diploma endorsement related to climate literacy. | Sponsors: Sen Hansen, Rep McLachlan | Summary: The bill authorizes a local education provider to grant a high school diploma endorsement in climate literacy to graduating students who demonstrate mastery in climate literacy and attain green skills or technical green skills.

SB24-037 | Study Green Infrastructure for Water Quality Mgmt | Concerning alternative mechanisms for achieving compliance with water quality standards. | Sponsors: Sens Simpson/Bridges, Reps Lunch/McCormick (Bi-partisan) | Summary:  Conduct a feasibility study of the use of green infrastructure, as an alternative to traditional gray infrastructure, which refers to centralized water treatment facilities, and the use of green financing mechanisms for water quality management

SB24-038 | Authorize Conservancy District Water Management | Concerning authorizing a conservancy district to participate in a plan for augmentation; contract with water users outside the conservancy district for the provision of services; exercise certain powers regarding the control, delivery, use, and distribution of water; establish a water activity enterprise; and sell, lease, or otherwise dispose of the use of water or capacity in works by contract. | Sponsors: Sens Bridges/Simpson, Reps Martinez/McCormick (Bi-partisan) | Summary: Under current law, when certain conditions exist, a district court may establish conservancy districts for the conservation, development, utilization, and disposal of water for agricultural, municipal, and industrial uses. The bill allows conservancy districts to conserve, develop, utilize, or dispose of water for commercial uses as well. Allows a conservancy district to establish a water activity enterprise, which is a business that receives less than 10% of its annual revenues in grants from all Colorado state and local governments combined, is authorized to issue its own revenue bonds, and is excluded from the provisions of the “Taxpayer’s Bill of Rights” in the state constitution.