Author: Jan Rose

Following is the bill summary for the entire 2023 Legislative Session.

⭐️ = CCLC Legislation Committee Championed
Click on the bill number to access more details

BILL PASSED THIS SESSION

• HB23-1005 – New Energy Improvement Program Changes | Expands the C-PACE program |  
• HB23-1039 – Electric Resource Adequacy Reporting | Ensure planning is adequate for 80% GHGs reduction by 2030 | 
• ⭐️ HB23-1069 | Study Biochar In Plugging Of Oil And Gas Wells | Concerning the creation of the biochar in oil and gas well plugging working advisory group to make recommendations for the development of a pilot program to study the use of biochar in the plugging of oil and gas wells. | SUPPORT Amended  | 
• ⭐️ HB23-1074 | Study Workforce Transitions To Other Industries | Concerning a study regarding (O&G) workforce transitions to other industries.| SUPPORT | Amended to include skills transfer to CCUS/hydrogen tech; and look at where in the state (coal plants) workers will be displaced. | 
• HB23-1101 | Ozone Season Transit Grant Program Flexibility | Concerning increasing the flexibility of the ozone season transit grant program | 
• HB23-1134 | Require Electric Options In Home Warranties | Concerning requiring a home warranty service contract to allow a homeowner to replace any of certain gas-fueled devices with electric or to receive the retail cash value of the gas-fueled device. | 
• HB23-1137 | Solar Garden Net Metering Credits Stabilization | Concerning measures to stabilize net metering credits calculated for an electric retail utility’s purchase of electric output from a community solar garden. | 
• ⭐️ HB23-1161 | Environmental Standards For Appliances | Concerning environmental standards for certain products. | SUPPORT | Amended to include limiting pesticide use, gas fireplace inserts, striking general service lamps (but retaining florescent), low efficiency plumbing, and UPS’s. | 
• HB23-1210 | Carbon Management | Concerning carbon management, and, in connection therewith, ensuring that carbon management projects are eligible for grants under the industrial and manufacturing operations clean air grant program and providing for the creation of a carbon management roadmap. | OPPOSE | 
• HB23-1216 | Natural Gas Pipeline Safety | Concerning measures to promote safety in the distribution of natural gas. | 
• HB23-1220 | Study Republican River Groundwater Economic Impact | Concerning a study regarding the economic impact of the elimination of large-capacity groundwater withdrawal within the Republican river basin. |
• HB23-1233 | Electric Vehicle Charging And Parking Requirements | Concerning energy efficiency, and, in connection therewith, requiring the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings. | SUPPORT | 
• HB23-1234 | Streamlined Solar Permitting And Inspection Grants | Concerning the streamlined solar permitting and inspection grant program. | 
• ⭐️ HB23-1242 | Water Conservation In Oil And Gas Operations | Concerning water used in oil and gas operations. | SUPPORT | 
• HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado | Concerning a requirement that the Colorado energy office conduct studies to assess advanced energy solutions in rural Colorado. | 
• HB23-1252 | Thermal Energy | Concerning the implementation of measures to advance thermal energy service. | SUPPORT |  
• HB23-1272 | Tax Policy That Advances Decarbonization | Tax credits for EVs & med/heavy duty trucks; for industrial facilities to reduce GHGs, for geothermal energy projects, for heat pumps, for e-bikes, and for sustainable aviation fuel; and decreasing the tax credit for oil and gas production to pay for it all. | SUPPORT | 
• HB23-1281 | Advance The Use Of Clean Hydrogen | Concerning measures to advance the use of clean hydrogen in the state. | OPPOSE | 
• HB23-1285 | Store Use Of Carryout Bags And Sustainable Products | Concerning the requirement that a store use fees collected from single-use bags to purchase certain items for the store. | 
• HB23-1240 | Sales Use Tax Exemption Wildfire Disaster Construction | Concerning a sales and use tax exemption for construction and building materials used for repairing and rebuilding residential structures damaged or destroyed by a declared wildfire disaster in 2020, 2021, or 2022 | 
• HB23-1273 | Creation Of Wildfire Resilient Homes Grant Program | Concerning the creation of the wildfire resilient homes grant program | 
• HB23-1294 | Pollution Prevention Measures | Concerning measures to protect communities (particularly those in the nonattainmemt zone) from pollution. |  Though gutted, then amended some more.
• SB23-005 – Forestry And Wildfire Mitigation Workforce | 
• SB23-010 – (Permanent) Water Resources And Agriculture Review Committee | 
• SB23-016 – Greenhouse Gas Emission Reduction Measures | SUPPORT with amendments |  
• ⭐️ SB23-092 | Agricultural Producers Use Of Agrivoltaics | Concerning opportunities for voluntary emission reductions in agriculture. | SUPPORT |
• SB23-139 | State Severance Tax Trust Fund Allocation | Concerning the appropriation of money from the severance tax operational fund to the wildfire mitigation capacity development fund, and, in connection therewith, making an appropriation. | 
• SB23-143 | Retail Delivery Fees | Concerning the administration of the existing retail delivery fees collected by the department of revenue. | 
• SB23-161 | Financing To Purchase Firefighting Aircraft | Concerning state funding to finance the purchase of a firefighting aircraft to respond to wildfires. | 
• SB23-166 | Establishment Of A Wildfire Resiliency Code Board | Concerning the establishment of a wildfire resiliency code board, and adopt model codes and within the wildland-urban interface (WUI). | 
• SB23-177 | CO Water Projects Appropriations | Concerning the funding of Colorado Water Conservation Board Projects, and in connection therewith, making an (enormous) appropriation | 
• SB23-178 | Water-wise Landscaping In Homeowners’ Association Communities | Concerning removing barriers to water-wise landscaping in common interest communities. | 
• SB23-186 | Oil And Gas Commission Study Methane Seepage Raton Basin | Concerning methane seepage in the Raton basin of Colorado, and, in connection therewith, requiring the Colorado oil and gas conservation commission to complete a study and establish a new regulatory category. | SUPPORT |
• SB23-187 | Public Utilities Commission Administrative Fee Setting Transportation Services | Concerning fees paid to the PUC by operators of transportation services in the state, and, in connection therewith, requiring the public utilities commission to establish fees administratively. | 
• SB23-191 | Colorado Department Of Public Health And Environment Organics Diversion Study | Concerning a study regarding diversion of organic materials from landfills. | 
• SB23-192 | Sunset Pesticide Applicators’ Act | Concerning implementing recommendations contained in the 2022 sunset report by the department of regulatory agencies regarding the act. | 
• SB23-198 | Clean Energy Plans | Concerning the verification of clean energy plans to ensure that the plans achieve the state’s greenhouse gas emission reduction targets. | SUPPORT | 
• SB23-253 | Standards For Products Represented As Compostable | Concerning standards for products represented as compostable in the state. | 
• SB23-266 | Neonic Pesticides As Limited-use Pesticides | Concerning a requirement that the commissioner of agriculture designate neonicotinoid pesticides as limited-use pesticides. | SUPPORT | 
• SB23-285 | Energy And Carbon Management Regulation In Colorado | Concerning energy and carbon management regulation in Colorado, and, in connection therewith, changing the name of the oil and gas conservation commission to the energy and carbon management commission and broadening the commission’s regulatory authority to include the regulation of certain geothermal resource operations and intrastate underground natural gas storage facilities. |  BOO!
• SB23-291 | Utility Regulation | Concerning the public utilities commission’s regulation of energy utilities. | 
• SB23-295 | Colorado River Drought Task Force | Concerning the creation of the Colorado river drought task force. | 

(59 bills; 42 passed; 5 championed by the CCLC Leg Comm, all of which passed)

BILLS FAILED THIS SESSION

• HB23-1010 – Task Force On High-altitude Water Storage |
• HB23-1018 – Timber Industry Incentives |
• HB23-1080 | Reliable Alternative Energy Sources | Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and increasing capacity of pumped hydro to 400MW | OPPOSE | PI’d by the sponsor so 1247 could move forward
• HB23-1092 | Limiting Use of State Money | Concerning limitations on the use of state money, and, in connection therewith, requiring the public employees’ retirement association (PERA) to prohibit government contracts with entities that engage in economic boycotts, and invest money eligible for investment solely on financial factors. | OPPOSE |
• HB23-1127 | Customer’s Right To Use Energy | Concerning a guarantee of a customer’s right to use (fracked gas) energy. | OPPOSE |
• HB23-1154 | Ballot Issue Greenhouse Gas Emissions Report | Concerning requirements for ballot initiatives to include the projected environmental impact report, requiring the title of the initiative to reflect the findings of the report, and include findings in the ballot information booklet entry for such initiatives. | PI’d by the Sponsor
• HB23-1163 | Revoke Carbon Dioxide Status As A Pollutant | Concerning a prohibition against classifying carbon dioxide as a pollutant. | OPPOSE |
• HB23-1166 | Repeal Retail Delivery Fees | Concerning the elimination of retail delivery fees |
• HB23-1085 | Rural County and Municipality Energy Efficient Building Codes | Concerning the requirements for rural areas to adopt energy efficient building codes, by extending the compliance periods. | Hearing House E&E 2/23 | PI’d at the sponsor’s request
• HB23-1221 | Water Quality Data Standards | Concerning data standards for the determination of a total maximum daily load for state waters. |
• HB23-1289 | Sustainable Advancements In Aviation Tax Credits | Concerning income tax credits for sustainability advancements in the aviation industry, and, in connection therewith, allowing an income tax credit for the purchase of electric-powered aviation ground support equipment and allowing an income tax credit for investments made in a business in the state that researches, develops, or produces alternative aviation fuels or alternative aircraft power plants. Replaced more or less by the credits in HB23-1272.
• SB23-026 | Financial Institution Discrimination Environmental Criteria |
• SB23-079 | Nuclear Energy As A Clean Energy Resource | Concerning the inclusion of nuclear energy as a source of clean energy.| OPPOSE |
• SB23-201 | Mineral Resources Property Owners’ Rights | Concerning protections for property owners in the pooling of oil and gas minerals on multiple separately owned tracts. | SUPPORT |
• HB23-1282 | Protect Consumers From Additional Entities | Concerning persons subject to the “Colorado Consumer Protection Act”, and, in connection therewith, expanding the definition of “person” used for purposes of the act to include a public utility. |
• SB23-032 – Wildfire Detection Technology Pilot Program |
• SB23-262 | Water Desalination Study And Report | Concerning requiring the Colorado water conservation board to study the feasibility of water desalination as a potential contributing solution to the crisis of water scarcity in the Colorado river basin. |

(17 fails)

BILL DETAILS

WEEK 15

SB23-285 | Energy And Carbon Management Regulation In Colorado | Concerning energy and carbon management regulation in Colorado, and, in connection therewith, changing the name of the oil and gas conservation commission to the energy and carbon management commission and broadening the commission’s regulatory authority to include the regulation of certain geothermal resource operations and intrastate underground natural gas storage facilities. | SPONSORS: Sens Priola/Hansen, Rep McCormick | SUMMARY: 

Effective July 1, 2023, the bill changes the name of the oil and gas conservation commission to the energy and carbon management commission (commission) and expands the commission’s regulatory authority to include the authority to regulate a broader scope of energy and carbon management areas beyond oil and gas ( section 1 of the bill). The bill also changes the name of the oil and gas conservation and environmental response fund to the energy and carbon management cash fund (fund) and allows the fund to also be used by the commission for the purposes of administering the expanded regulatory areas (section 2).

Current law states that the property right to the natural heat of the earth (geothermal resource) that lacks sufficient fluid associated with the geothermal resource (geothermal fluid) to transport commercial amounts of energy to the surface is an incident of ownership of the overlying surface unless expressly severed. Section 6 states that, as to property rights acquired on or after July 1, 2023, the property right to a geothermal resource associated with nontributary groundwater (allocated geothermal resource) is also an incident of ownership of the overlying surface unless expressly severed.

Current law requires, prior to constructing a well to explore for or produce geothermal resources, the operator of the well to obtain a permit from the state engineer. Section 7 defines different types of geothermal operations and bifurcates regulation of the different operations between the commission and the state engineer. Specifically, the commission is granted the exclusive authority to regulate operations (deep geothermal operations) for the exploration for or production of:

• An allocated geothermal resource; or
• A geothermal resource that is deeper than 2,500 feet below the surface.

The state engineer retains the exclusive authority to regulate operations that are not deep geothermal operations (shallow geothermal operations).

Prior to obtaining a permit from the commission to construct a well for deep geothermal operations, the applicant must provide evidence of any applicable siting application to the local government with jurisdiction over the deep geothermal operations, unless the local government does not regulate the siting of such operations. The commission and the state engineer may adopt rules for the assessment of fees for the processing and granting of a permit to construct a well for deep geothermal operations or shallow geothermal operations, as applicable. Any fees collected by the commission will be deposited by the state treasurer into the fund.

Current law requires, prior to the production of geothermal fluid from a well, the operator of the well to obtain a permit from the state engineer. Section 8 instead requires:

• A permit from the state engineer prior to the use of a geothermal resource that is not an allocated geothermal resource (distributed geothermal resource);
• The state engineer to issue the permit for the use of a distributed geothermal resource after a determination that the proposed use is in accordance with applicable requirements for groundwater wells;
• A permit from the state engineer prior to the use of an allocated geothermal resource; and
• The state engineer to issue a permit for the use of an allocated geothermal resource after a finding that any associated geothermal fluid is nontributary.

Current law allows the state engineer to adopt procedures that establish geothermal management districts for the management of geothermal operations within the district. Section 9 limits the scope of geothermal management districts to distributed geothermal resources. The state engineer is also required to notify the commission of any application for a geothermal management district that is anticipated to affect deep geothermal operations. Section 10 allows the commission to adopt procedures by rule to establish geothermal resource units for allocated geothermal resources. Section 12 grants the commission the exclusive authority to regulate any intrastate facility that stores natural gas in an underground facility that is not a pipeline facility subject to regulation by the public utilities commission (UNGS facility). If the commission submits a certification to, or enters into an agreement with, the federal secretary of transportation pursuant to applicable federal law, any rules regulating UNGS facilities must be at least as stringent as the applicable federal requirements. Before commencing construction of a new UNGS facility, the operator of the facility must provide evidence of any applicable siting application to a local government with jurisdiction over the UNGS facility, if applicable.

The commission may assess and collect fees from operators of UNGS facilities in an amount and frequency determined by the commission by rule. Any fees collected will be deposited into the fund.

The bill directs the commission to conduct the following studies, prepare reports summarizing the findings of the studies, and submit the reports to the general assembly:

• A technical study of the state’s geothermal resources ( section 10 );
• A study, in collaboration with the state engineer, that evaluates the state regulatory structure for geothermal resources and whether any changes to law or rules are necessary ( section 10 );
• A study concerning the regulation and permitting of hydrogen ( section 18 ); and
• A study, in coordination with the public utilities commission, examining the siting and regulation of interstate pipelines ( section 18 ).

Sections 19 through 42 make conforming amendments.

SB23-291 | Utility Regulation | Concerning the public utilities commission’s regulation of energy utilities. | SPONSORS: Sens Fenberg/Cutter, Reps DeGruy Kennedy/Martinez | SUMMARY:  Section 1 of the bill requires the public utilities commission (commission), if relying on a discount rate when calculating the net present value of future fuel costs as part of a utility’s electric resource plan, to apply a discount rate that does not exceed the long-term rate of inflation. Section 2 requires the commission to establish mechanisms, guidelines, or rules to limit the amount of rate case expenses that an investor-owned electric or gas utility may recover from the utility’s customers. Section 3 prohibits an investor-owned electric or gas utility from recovering various costs from its customers, including:

• More than 50% of annual total compensation or of expense reimbursement for a utility’s board of directors;
• Tax penalties or fines issued against the utility;
• Certain advertising and public relations expenses;
• Lobbying and other expenses intended to influence the outcome of local, state, or federal legislation or ballot measures;
• Certain organizational and membership dues;
• Travel, lodging, food, or beverage expenses for the utility’s board of directors and officers; and
• Gift or entertainment expenses.

If an investor-owned utility recovers prohibited costs, the commission is required to assess a nonrecoverable penalty against the utility in an amount that is not less than the total amount improperly recovered and order the utility to refund the amount improperly recovered to its customers, plus interest.

Section 4 requires that, on or before November 1, 2023, an investor-owned gas utility file with the commission for the commission’s approval, amendment, or denial a gas price risk management plan that includes proposals for addressing the volatility of fuel costs recovered from the utility’s ratepayers. Section 4 requires the commission to adopt rules, on or before January 1, 2025, to:

• Help protect investor-owned gas utility customers from the volatility of gas prices by establishing a mechanism that aligns an investor-owned utility’s financial incentives with the financial interests of its customers; and
• Establish a mechanism to create a financial incentive for an investor-owned utility to improve its electricity production cost efficiency while minimizing its fuel costs.

As part of its rules, the commission may also consider requiring each investor-owned electric utility to bear a percentage of its total fuel costs in order to incentivize the utility to find efficiencies and reduce fuel waste.

Section 4 also requires the commission to open a proceeding to investigate the extent to which residential and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than 500,000 customers in the state.Section 5 requires:

• On or before December 31, 2023, each regulated gas utility to remove from the utility’s rate tariffs any incentives offered to an applicant applying for natural gas service to establish gas service to a property;
• The Colorado energy office to contract with an independent third party, on or before July 1, 2024, to evaluate the risk that stranded or underutilized natural gas infrastructure investments pose and the annual projected rate impact that such stranded assets have on ratepayers;
• The commission to determine whether any changes to rules or depreciation schedules are warranted based on its review of the evaluation contracted by the Colorado energy office;
• An investor-owned gas utility to provide the commission information, including a map, about the utility’s gas distribution system pipes;
• An investor-owned gas utility to refrain from penalizing or charging a fee to a customer that voluntarily terminates gas service. The commission may adopt rules to establish standards for a customer’s voluntary disconnection from an investor-owned gas utility’s gas distribution system.
• On or before July 1, 2024, the commission to examine existing investor-owned electric utility tariffs, policies, and practices to determine if the tariffs, policies, and practices pose a barrier to the beneficial electrification of buildings with respect to charges imposed for the cost of transformer or service upgrades.

Section 6 authorizes the commission to allow a wholesale customer of an investor-owned utility to intervene in a proceeding regarding the commission’s consideration of the investor-owned utility’s application for cost recovery from customers.

SB23-295 | Colorado River Drought Task Force | Concerning the creation of the Colorado river drought task force. | SPONSORS: Sens Roberts/Will, Reps McCluksie/Catlin (Bi-partisan) | SUMMARY:  The purpose of the task force is to develop recommendations for state legislation that provides additional tools for the Colorado water conservation board to collaborate with the Colorado river water conservation district, the southwestern water conservation district, and other relevant stakeholders in the development of programs that address drought in the Colorado river basin and interstate commitments related to the Colorado river and its tributaries through conservation of the waters of the Colorado river and its tributaries (recommendations). No later than December 15, 2023, the task force must submit a written report that includes the recommendations and a summary of the task force’s work to the water resources and agriculture review committee.

WEEK 14

HB23-1289 | Sustainable Advancements In Aviation Tax Credits | Concerning income tax credits for sustainability advancements in the aviation industry, and, in connection therewith, allowing an income tax credit for the purchase of electric-powered aviation ground support equipment and allowing an income tax credit for investments made in a business in the state that researches, develops, or produces alternative aviation fuels or alternative aircraft power plants. | SPONSORS: Reps Pugliese/Bird, Sens Liston/Bridges (bi-partisan) | SUMMARY:   Section 1 of the bill creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for the purchase or lease of electric-powered aviation ground support equipment that is purchased or leased to replace similar models of gas-powered or diesel-powered aviation ground support equipment in the amount of 18% of the actual cost to purchase the equipment that may be claimed by a qualifying taxpayer; except that the total amount of credits available to be claimed is $250,000 in each tax year and is available on a first come, first served basis. A qualifying taxpayer is an aviation business, an airport, or a fixed base operator. Only one tax credit may be claimed per individual piece of equipment.Section 2 creates a new refundable income tax credit for income tax years commencing on and after January 1, 2024, but before January 1, 2033, for an investment made by a qualified investor in a qualified business that researches, develops, or produces alternative aviation fuels or alternative aircraft powerplants in the amount of 30% of the investment; except that the total amount of credits available to be claimed is capped for each tax year for which the credit is allowed and is available on a first come, first served basis. The investment must be used by the qualified business in furtherance of research, development, or production of alternative aviation fuels or alternative aircraft powerplants. The executive director of the department of revenue is authorized to promulgate rules to implement the tax credit, including precertification of a business as a qualified business eligible to receive a qualified investment. | House Finance 04/17

🚨HB23-1294| Pollution Prevention Measures | Concerning measures to protect communities (particularly those in the nonattainmemt zone) from pollution. | SPONSORS: Reps Bacon/Wilford, Sens Winter/Gonzales | SUMMARY: Section 2 of the bill removes the requirement that the air quality control commission (AQCC) promulgate rules setting the conditions and limitations for periods of start-up, shutdown, or malfunction of a source of air pollution (source) that justify temporary relief from an emission control regulation. Current law provides that a person shall not permit the emission of air pollutants at a nonresidential structure unless an air pollution emission notice has been filed with the division of administration in the department of public health and environment (division). Section 5 adds the requirements that any: Relevant permits have been approved by the division; and Applicable period of review by the federal environmental protection agency has been completed. Section 6 removes the prohibition against the AQCC adopting rules covering indirect sources that are more stringent than applicable federal law.Section 6 also requires the division, in evaluating a construction permit application for a source that includes new oil and gas operations, to: Aggregate emissions from a proposed or modified oil and gas system; and Consider emissions from exploration and preproduction activities if a proposed or modified oil and gas system is in an ozone nonattainment area and if the activities will be conducted beginning May 1 and ending August 31 of any year (ozone season). Section 8 clarifies that only the filing of a renewable operating permit application can operate as a defense to an enforcement action for operating without a permit during the time period that the division or the AQCC is reviewing the permit application. Current law requires the division or the AQCC to give public notice of certain construction permit applications or renewable operating permit applications and of certain public hearings through a newspaper publication or another method that ensures effective public notice. Current law also requires the division to maintain a copy of a construction permit application and applicable preliminary analysis or a notice of public hearing with the county clerk and recorder of the county where the applicable project is located. Section 8 also removes the newspaper publication option and the county clerk and recorder filing requirements and provides for alternative methods of giving public notice, including posting information about the application or any public hearings on the division’s or the AQCC’s website. Current law requires the division or AQCC to make a finding that a source or activity will meet all applicable emission control regulations, including ambient air quality standards (AAQS), before granting a permit for the source or activity. Section 8 also requires that, beginning January 1, 2024, for at least any source or activity that has the potential to emit levels of air contaminants above certain modeling thresholds, the division or AQCC must base any finding that the source or activity will not cause or contribute to an exceedance of applicable AAQS on air quality modeling.Section 8 also allows the division, after an investigation into whether an activity meets the requirements of a construction permit, to propose additional terms and conditions of the construction permit.

With respect to a complaint alleging or the division’s own belief regarding a violation or noncompliance (violation), section 9 requires the division to: Cause a diligent investigation into the violation to be made unless the complaint clearly appears to be frivolous or trivial or the complainant withdraws the complaint; Notify the owner or operator of the applicable air pollution source of the complaint or the division’s belief of an alleged violation within 30 days after the complaint was filed or the division discovered the alleged violation; Consider all relevant evidence that it acquires when investigating the alleged violation; and Determine whether a violation occurred within 90 days after the division gives notice that it has commenced an investigation on the matter. If the division determines that a violation has occurred, current law requires the division to issue a compliance order unless the responsible party gives timely notice that the violation occurred during a period of start-up, shutdown, or malfunction. Section 9 removes the exception for periods of start-up, shutdown, or malfunction. Section 9 also requires, if a hearing is requested after the receipt of a compliance order, the commission to provide at least 45 days’ notice to any complainant that submitted a complaint alleging the applicable violation.Section 9 also allows a complainant to submit a request for a hearing within 20 calendar days after receipt of a determination by the division that no violation occurred.

Current law provides that any noncompliance that occurs during a period of start-up, shutdown, or malfunction exempts the owner or operator of a source from the duty to pay penalties related to that noncompliance. Section 9 removes this provision. Section 9 also allows a person, with respect to certain clean air regulations, to commence a civil action (action) against an alleged violator for a current or past violation of the regulation. 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, 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.

Current law requires the division to consider certain factors in determining the amount of a civil penalty to assess for a violation. Section 10 requires the division to also consider the impact of the violation on safety and wildlife and biological resources and the severity of the violation.  Current law provides that any action related to an alleged violation of air quality laws that is not commenced within 5 years after the occurrence of the alleged violation is time barred. Section 11 excludes actions commenced to address a failure to obtain a permit from this statute of limitation. 

Section 12 creates new electrification requirements and emissions standards for stationary engines used in oil and gas operations.Section 13 creates new control measures that must be included in any state implementation plan for ozone adopted by the AQCC until a serious, severe, or extreme ozone nonattainment area in the state is redesignated as a maintenance area by the federal environmental protection agency. 

Section 15 requires the district court, in a suit against a person that has violated a state law, rule, or order related to oil and gas, 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. Section 16 allows any person to submit a complaint to the oil and gas conservation commission (COGCC) alleging a violation of a state law, rule, or order related to oil and gas. Upon receipt of the complaint, the COGCC or the director of the COGCC is required to promptly commence and complete an investigation into the violation alleged by the complaint, unless the complaint clearly appears on its face to be trivial or the complainant withdraws the complaint.

Section 17 requires the COGCC to evaluate and address adverse cumulative impacts on the environment and disproportionately impacted communities for each permit application for a new or substantially modified oil and gas location through a cumulative impact analysis. | House E&E 04/20

WEEK 13

HB23-1281 | Advance The Use Of Clean Hydrogen | Concerning measures to advance the use of clean hydrogen in the state. | SPONSORS: Reps Titone/Vigil | SUMARY:  Section 2 of the bill defines clean hydrogen (clean hydrogen) as hydrogen that is: Derived from a clean energy resource that uses water as the source of hydrogen; or Produced through a process that results in lifecycle greenhouse gas emissions rates that are less than 1.5 kilograms of carbon dioxide equivalent per kilogram of hydrogen, as set forth in applicable federal law. Also directs the PUC to establish a stand-alone application, review, and approval process for investor-owned utility projects that result in the production of clean hydrogen (clean hydrogen project). For a clean hydrogen project to be approved by the commission, an investor-owned utility must submit an application to the commission demonstrating that the clean hydrogen project involves collaboration between the investor-owned utility and a state or federal agency. Any application for a clean hydrogen project must include: Best practices utilized by the investor-owned utility to reduce air emissions and environmental impacts, conduct leak detection monitoring, and increase public safety; If the investor-owned utility’s clean hydrogen production facilities are located in a disproportionately impacted community, a cumulative impact analysis that evaluates past, present, and future impacts; and An assessment of the annual volume of water used in electrolysis of water to produce clean hydrogen for the clean hydrogen project. Also requires the commission to allow an investor-owned utility to sell clean hydrogen to third parties under a clean hydrogen tariff. For income tax years commencing on or after January 1, 2024, but before January 1, 2033, section 3 creates a state income tax credit in specified amounts per kilogram of clean hydrogen used for industrial operations, for operating a heavy-duty vehicle, or for aviation (tax credit). Any taxpayer seeking to claim the tax credit must first apply for and receive a tax credit certificate from the Colorado energy office.

HB23-1282 | Protect Consumers From Additional Entities | Concerning persons subject to the “Colorado Consumer Protection Act”, and, in connection therewith, expanding the definition of “person” used for purposes of the act to include a public utility. | SPONSORS: Rep Kipp, Sen Priola | SUMMARY: The bill adds a public utility to the definition of “person” in the “Colorado Consumer Protection Act” (Act). In doing so, the bill affords consumers protections against any public utility that violates the Act and subjects a public utility to enforcement actions instituted by the attorney general or district attorneys as authorized by the Act.

HB23-1285 | Store Use Of Carryout Bags And Sustainable Products | Concerning the requirement that a store use fees collected from single-use bags to purchase certain items for the store. | SPONSORS: Rep Valdez | SUMMARY: Currently, a store is required to collect a fee for each carryout bag the store provides to a customer. The store must remit a portion of that fee to the municipality or county (local government) in which the store is located. When the local government has not established a process to accept the remitted fees, the bill requires the store to retain and use the portion of the fee that would otherwise be remitted to a local government to purchase recycled paper carryout bags, 100% recycled cups, or compostable food containers.

SB23-262 | Water Desalination Study And Report | Concerning requiring the Colorado water conservation board to study the feasibility of water desalination as a potential contributing solution to the crisis of water scarcity in the Colorado river basin. | SPONSORS: Sen Priola, Reps Ricks/Soper (Bi-partisan) | SUMARY: The bill requires the Colorado water conservation board (CWCB) to perform a comprehensive literature review of existing research on the challenges and opportunities of desalination facilities in California or Mexico. The literature review must include a summary of the current status of research on desalination, including quantification of certain costs of and benefits that could be realized from the construction and perpetual operation of one or more water desalination facilities in California or Mexico, or both. On or before July 1, 2025, the CWCB must complete the study and submit a report of the CWCB’s findings and recommendations to: The Colorado legislative committees of reference that consider water matters; The governor; and The bureau of reclamation in the federal department of the interior.

SB23-266 | Neonic Pesticides As Limited-use Pesticides | Concerning a requirement that the commissioner of agriculture designate neonicotinoid pesticides as limited-use pesticides. | SPONSORS: Sen Priola, Reps Brown/Kipp | SUMMARY: The bill requires that, on or before January 1, 2024, the commissioner of agriculture adopt rules designating neonicotinoid pesticides as limited-use pesticides, limiting their use to licensed pesticide applicators, and authorizing only licensed dealers to sell them. The commissioner’s rules must exempt certain products that contain neonicotinoid pesticides from the limited-use pesticide designation, including products intended for use: As pet care products; By licensed veterinarians; As indoor personal care products related to lice or bedbugs; As agricultural products; For academic research; and As wood coating products.

WEEK 12

HB23-1272 | Tax Policy That Advances Decarbonization | Concerning tax policy that advances decarbonization, and, in connection therewith, extending tax credits for the purchase or lease of electric vehicles; industrial facilities to implement greenhouse gas emissions reduction improvements, for expenditures made in connection with geothermal energy projects, for the sales tax exemption and deployment of heat pump technology, for retail sales of e-bikes, and for construction of sustainable aviation fuel production facilities; creating a temporary specific ownership tax rate reduction and a temporary sales and use tax exemption on a portion of the sale of electric medium- and heavy-duty trucks; and decreasing the tax credit for oil and gas production. | SPONSORS: Reps Weissman/Joseph, Sen Fenberg | SUMMARY:

Section 2 of the bill extends the innovative motor vehicles income tax credit for the purchase or lease of electric motor vehicles and plug-in hybrid electric motor vehicles that weigh 8,500 pounds or less through tax year 2028 and adjusts the amount of the credit that may be claimed, including with certain allowances for additional credit amounts for vehicles purchased or leased at a location that allows the credit to be assigned and is assigned to a motor vehicle dealer or financing entity and for vehicles that have a manufacturer’s suggested retail price below $30,000. However, the credit cannot be claimed for vans, sport utility vehicles, and pickup trucks that have a manufacturer’s suggested retail price of $80,000 or more or for any other vehicle that has a manufacturer’s suggested retail price of $55,000 or more. Additionally, if for any one of the state fiscal years 2025-26, 2026-27, or 2027-28, the state is not projected to exceed the state fiscal year spending limit imposed by section 20 of article X of the state constitution by 5% then for any income tax year commencing in the calendar year that begins in that fiscal year, the amount of the credit is reduced by 50%, and if the amount of the reduced credit is at or below $500, then no credit is allowed for such a tax year. 

Section 3 extends the income tax credit for the purchase or lease of an innovative truck through tax year 2028 and adjusts the amount of the credit that may be claimed. However, for light-duty trucks, if for any one of the state fiscal years 2025-26, 2026-27, or 2027-28, the state is not projected to exceed the state fiscal year spending limit imposed by section 20 of article X of the state constitution by 5% then for any income tax year commencing in the calendar year that begins in that fiscal year, the amount of the credit is reduced by 50%, and if the amount of the reduced credit is at or below $500, then no credit is allowed for such a tax year. Additionally, under current law, the innovative motor vehicles tax credit and the innovative trucks tax credit may be assigned by a purchaser to the entity that finances the purchase or lease of the vehicle. Sections 1 and 2 expand the purchaser’s ability to assign the credits to a motor vehicle dealer in addition to a financing entity. For income tax years commencing on or after January 1, 2024, sections 1 and 2 also allow a tax exempt person or political subdivision of the state to claim or assign the tax credit.

Section 4 terminates an existing heat pump tax credit so that it is allowed only for income tax years beginning on and after January 1, 2023, but before January 1, 2024. 

Section 5 creates a refundable income tax credit allowable in tax years commencing on or after January 1, 2024, but before January 1, 2033, for the owner of an industrial facility that undertakes a industrial study (study) or puts greenhouse gas emissions reduction improvements (improvements) into service. The credit is administered by the Colorado energy office (office). The amount of credit that can be claimed for an industrial study is 30% of the costs paid for completing the study up to $1 million. The amount of credit that can be claimed for improvements is 30% of the capital costs paid by the owner, not including the cost for design; except that for certain improvements that have the potential to significantly reduce greenhouse gas emissions but are not yet commercially available, the office may approve a higher percentage to be claimed of up to 50%. Owners must apply semi-annually for the credit to the office and the office reviews applications and awards a reservation of credits based on a merit-based review. Upon completion of a study or upon putting the improvements into service, the office issues the owner a tax credit certificate to claim the credit in the amount reserved to the owner. The availability of the credit is subject to an aggregate cap each application period. If the aggregate maximum amount is not claimed in a tax year, the aggregate maximum amount in the next income tax year is increased by an amount equal to the excess amount. 

Section 6 creates a refundable tax credit for an expenditure an eligible taxpayer makes in connection with a geothermal energy project, which is a project in the state that is intended to evaluate and develop a geothermal resource for the purpose of electricity production. The office is required to approve geothermal energy projects that can receive a qualified expenditure made by an eligible taxpayer. The office sets the amount of credit an eligible taxpayer may receive and reserves the amount of credit for the income tax year in which the eligible taxpayer anticipates making the expenditure. Subject to specified limits on the maximum amount of credits that the office may approve and that an eligible taxpayer may receive, the office issues a tax credit certificate in the reserved amount of tax credit after an eligible taxpayer submits a cost certification of the qualified expenditure.

Section 7 creates a refundable tax credit for income tax years beginning on or after January 1, 2024, but before January 1, 2033, that is administered by the office and is available to a person subject to income tax or a person or political subdivision of the state exempt from income tax that produces geothermal electricity for sale or for the person or political subdivision’s own use. The credit amount is equal to $0.003 per kilowatt hour of geothermal electricity that is produced in the state in the tax year, up to a maximum amount of $1 million.

Section 8 creates a new refundable income tax credit for heat pump technology for income tax years commencing on or after January 1, 2024, but before January 1, 2033. The office is responsible for maintaining a list of eligible taxpayers who meet certain industry criteria and who are allowed the credit for the installation of heat pump technology or a thermal energy network if the eligible taxpayer provides a discount from the amount charged for installation, unless the eligible taxpayer installs their own heat pump technology or thermal energy network. The amount of the tax credit is calculated based on the applicable percentage, set annually by the office, of a flat dollar amount which depends on the type of heat pump technology installed and the year the credit is claimed. The calculation of the amount of allowable credit may be modified depending on whether the heat pump technology is installed at a multifamily property, at a nonresidential building, or for a thermal energy network. However, for heat pump technology that is installed in an existing residential building or nonresidential building, if for any one of the state fiscal years 2025-26 through 2032-33, the state is not projected to exceed the state fiscal year spending limit imposed by section 20 of article X of the state constitution by 5% then for any income tax year commencing in the calendar year that begins in that fiscal year, the amount of the credit is reduced by 50%, and if the amount of the reduced credit is at or below $250, then no credit is allowed for such a tax year.

Section 9 creates a refundable income tax credit for income tax years commencing on or after January 1, 2024, but before January 1, 2033, for the sale of new qualifying electric bicycles in the state. The credit is allowed in the amount of $800 to a qualified retailer who sells a qualifying electric bicycle to a resident of the state and offers a discount equal to the lesser of $700 or the purchase price. However, if for any one of the state fiscal years 2025-26 through 2032-33, the state is not projected to exceed the state fiscal year spending limit imposed by section 20 of article X of the state constitution by 5% then for any income tax year commencing in the calendar year that begins in that fiscal year, the amount of the credit is reduced by 50%. 

Section 10 creates a refundable income tax credit for income tax years commencing on or after January 1, 2024, but before January 1, 2033, for a percentage of the actual costs incurred to construct, reconstruct, or erect a sustainable aviation fuel production facility in the state. The credit can be claimed by an aviation business, a sustainable aviation fuel producer, or an airport for the income tax year in which the production facility is put in service and is subject to aggregate caps for each income tax year for which the credit can be claimed. Additionally, the credit is subject to recapture if the sustainable aviation fuel production of a facility comprises less than 60% of the total fuel production of the facility in any of the 5 taxable years immediately following the taxable year in which the facility was placed in service.

Section 11 creates a mechanism to allow for advance payment of income tax credits to a motor vehicle dealer or financing entity that has been assigned the innovative motor vehicle tax credit or innovative truck tax credit, or to a qualified retailer for the electric bicycle tax credit. 

Section 12 creates a sales and use tax exemption for a fleet vehicle that is a heavy-duty truck or a medium-duty truck. For tax years commencing on or after January 1, 2024, but before January 1, 2028, the exemption amount is equal to 50% of the purchase price of the vehicle, and for tax years commencing on or after January 1, 2028, but before January 1, 2033, the exemption amount is equal to 60% of the purchase price of the vehicle.

Section 13 terminates an existing sales and use tax exemption for heat pump systems and heat pump water heaters used in commercial or residential buildings so that it is allowed only for income tax years beginning on or after January 1, 2023, but before January 1, 2024.

Section 14 creates a sales and use tax exemption for all sales to an eligible taxpayer of heat pump technology and equipment necessary for the proper functioning of a thermal energy network and for the storage and use of the same for income tax years commencing on or after January 1, 2024, but before January 1, 2033.

Section 15 reduces the severance tax credit allowed for oil and gas production. Under current law, the amount of credit allowed is calculated by applying rate of 87.5% of all ad valorem taxes assessed during the taxable year for accrual basis taxpayers or paid during the taxable year by cash basis taxpayers upon oil and gas, oil and gas leaseholds and leasehold interests, and oil and gas royalties and royalty interests. The bill reduces the rate to 75% for 2024 and 2025. For tax years beginning on and after January 1, 2026, the bill modifies the calculation for the oil and gas tax that otherwise would have been implemented in tax year 2025 by making a parallel downward adjustment so that the amount of credit is derived by multiplying 65.625% of the gross income of the well by the mill levy fixed in the prior calendar year.

Section 16 requires that for state fiscal years 2024-25 through 2032-33, the revenue collected that is equal to the amount attributable to the decreased amount of severance tax credit allowed for oil and gas production is credited to the general fund; except that on July 1, 2025, the revenue must first be credited to the cash funds used for state fiscal years 2023-24 and 2024-25 by the office for the administration of the tax credits created by the bill and the remaining money is credited to the state general fund. Additionally, the stakeholder group that was required to convene pursuant to HB22-1391 is required to additionally consider long-term changes for the severance tax credit for oil and gas production. 

Section 17 creates a partial, temporary, and specific ownership tax exemption for new class A or class B personal property that is a fleet vehicle and meets the definition of a category 7 truck for purposes of the innovative truck tax credit.

Section 18 and section 19 allow for cities and counties to opt out of the sales and use tax exemption created for sales of category 7 fleet vehicles that are heavy-duty trucks or medium-duty electric trucks, sales to an eligible taxpayer of heat pump technology and equipment necessary for a proper functioning of a thermal energy network, and for the storage and use of the same for income tax years commencing on or after January 1, 2024, but before January 1, 2033.

Section 20 gives the office the authority to expend money from the industrial and manufacturing operations clean air grant program cash fund for state fiscal years 2023-24 and 2024-25 to administer and implement the industrial clean energy tax credit that is created in section 5. 

Section 21 gives the office the authority to expend money from the geothermal energy grant fund for state fiscal years 2023-24 and 2024-25 to administer and implement the tax credit for expenditure made in connection with a geothermal energy project that is created in section 6 and the geothermal electricity generation production tax credit that is created in section 7.

Section 22 gives the office the authority to expend money from the community access to electric bicycles cash fund for state fiscal years 2023-24 and 2024-25 to administer and implement the electric bicycle tax credit created in section 9 for state fiscal years 2023-24 and 2024-25. 

Section 23 gives the office the authority to expend money from the electrifying school buses grant program cash fund for state fiscal years 2023-24 and 2024-25 to administer and implement the changes made to the innovative motor vehicles and innovative trucks tax credits set forth in sections 2 and 3. 

HB23-1273 | Creation Of Wildfire Resilient Homes Grant Program | Concerning the creation of the wildfire resilient homes grant program. | SPONSORS: Reps Snyder/Joseph | SUMMARY:  The bill creates the wildfire resilient homes grant program (program) within the division of fire prevention and control (division). The program allows homeowners to apply to receive a grant for retrofitting or improving a house or other structure on the homeowner’s property with strategies and technologies for structure hardening in order to make the house or structure more resilient to the risk of wildfire. The bill also creates the wildfire resilient homes grant program cash fund (fund) for use by the division to award grants and to promote best practices for structure hardening, and on August 15, 2023, the state treasurer is required to transfer $2 million from the general fund to the fund. The division is required to annually report to the wildfire matters review committee on expenditures made from the fund and grants that are awarded pursuant to the program.

SB23-253 | Standards For Products Represented As Compostable | Concerning standards for products represented as compostable in the state. | SPONSORS: Sen Cutter, Rep Froelich | SUMMARY: The bill creates standards for products capable of undergoing decomposition in a controlled composting system. A producer is prohibited from representing a product as compostable unless the product has received certification by a recognized, independent, third-party verification body that the product is compostable (certified compostable). The product must also comply with specific labeling standards that ensure that the product is easily and immediately distinguishable as certified compostable at point of sale and point of use and in a public sorting area and processing facility. A producer of a product that is not certified compostable is prohibited from marketing or advertising the product that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment. On or before January 1, 2024, the department is required to establish a forum that allows any person to file a complaint against a producer for violation of the standards. On and after January 1, 2024, a producer that violates the standards engages in an unfair or deceptive trade practice.

WEEK 11

HB23-1252 | Thermal Energy | Concerning the implementation of measures to advance thermal energy service. | SPONSORS: Reps Lieder/Kipp | SUMMARY:  Authorizes the Colorado energy office to award grants for retrofitting existing buildings for installation of a geothermal system for heating and cooling under the single-structure geothermal grant that the office administers and under the geothermal electricity generation grant that the office administers.  Adds thermal energy as an eligible clean heat resource for helping to meet clean heat targets. A gas utility that is regulated by the commission and that serves more than 500,000 customers is required to propose pilot thermal energy network projects for the commission’s review and approval. The commission shall initiate a proceeding on or before January 1, 2025, to determine if rule-making or legislative changes are needed to facilitate the development of thermal energy in the state.

SB23-201 | Mineral Resources Property Owners’ Rights | Concerning protections for property owners in the pooling of oil and gas minerals on multiple separately owned tracts. | SPONSORS: Sen Jaquez Lewis, Reps Boesenecker/Weissman | SUMMARY: The COGCC (commission), under certain circumstances and after notice and a hearing, may enter a pooling order for a drilling unit, which order includes an owner of mineral interests that does not consent to the drilling for oil and gas on the mineral owner’s tract (forced pooling order). The bill changes the commission’s process for entering a forced pooling order by: Requiring an applicant for a forced pooling order to prove that owners of more than 45% of the mineral interests to be pooled consent to pooling by submitting to the commission a third-party expert’s title report or title opinion; Requiring the commission to determine if the minerals in the drilling unit may be extracted without disturbing a nonconsenting mineral interest owner’s mineral rights and, if so, requiring the commission to include in the forced pooling order a condition that the nonconsenting mineral interest owner’s mineral rights not be disturbed. Alternatively, if the commission determines that the minerals cannot be extracted without disturbing the nonconsenting mineral interest owner’s mineral rights, the commission is required to make explicit findings of that determination;  Requiring that a forced pooling order be issued in a manner that protects and minimizes adverse impacts on public health, safety, and welfare; the environment; and wildlife resources and that protects against adverse environmental impacts on any air, water, soil, or biological resources resulting from oil and gas operations; Reducing the amount of production costs that consenting mineral interest owners in a drilling unit may recover from a nonconsenting mineral interest owner in the drilling unit; and Prohibiting the commission from entering a forced pooling order that includes an unleased, nonconsenting mineral owner that is a local government or a school district, including a charter school or an institute charter school. Additionally, the bill requires that the commission issue a pooling order before any minerals that are subject to the pooling order are extracted or any well is drilled to access the minerals. The bill also authorizes a nonconsenting owner to audit or cause to be audited certain records of the oil and gas operator no more frequently than every 3 years but before any costs are recovered from the drilling unit.

WEEK 10

HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado | Concerning a requirement that the Colorado energy office conduct studies to assess advanced energy solutions in rural Colorado. | SPONSORS: Reps Lukens/Winter, Sens Roberts/Pelton | SUMMARY: The bill requires the director of the Colorado energy office to conduct studies to assess the use of advanced energy solutions in rural Colorado. One study must consider ways to assist northwestern and west end of Montrose county Colorado as it transitions to producing advanced firm dispatchable energy resources. The other study must consider the potential for the development of new energy resources(INCLUDING GEOTHERMAL, “CLEAN” HYDROGEN, ADVANCED NUCLEAR, CARBON CAPTURE NATURAL GAS POWER PLANTS, AND LONG DURATION STORAGE.) in southeastern Colorado. Targeted to the San Luis Valley, Nucla, Naturita, Montrose, Craig, and Hayden with focus on transferring coal-worker skills. The bill specifies information that the director is required to consider in both studies by 7/1/25.

SB23-191 | Colorado Department Of Public Health And Environment Organics Diversion Study | Concerning a study regarding diversion of organic materials from landfills. | SPONSORS: Sen Cutter, Reps Joseph/Kipp | SUMMARY: The bill requires the CDPHE to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills and report by 8/1/24. The study must: Incorporate and utilize data from existing Colorado studies and other states; Explore how to leverage existing organics diversion pilot projects in Colorado; Evaluate the environmental benefits of diversion of organic materials from landfills; identify the infrastructure needed; Create actionable parameters for local governments to use; Create a timeline to effectively and equitably phase in diversion; Outline and recommend policies and regulations that would enable diversion of organic materials from landfills; and Identify opportunities for end-market development of organic materials diverted from landfills. The bill authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study.

SB23-192 | Sunset Pesticide Applicators’ Act | Concerning implementing recommendations contained in the 2022 sunset report by the department of regulatory agencies regarding the act. | SPONSORS: Sens Priola/Roberts, Reps Kipp/McLachlan | SUMMARY: The bill implements some of the recommendations of the department of regulatory agencies: Continue the act for 11 years, until September 1, 2034; updates the statutory definition of “use” to align with the federal definition adopted by the federal environmental protection agency; increases the maximum civil penalty for a violation of the act from $1,000 to $2,500 for the first violation, which results in the possibility of a maximum civil penalty of $5,000 for a second violation; requires the commissioner to establish an online complaint process; limits the number of terms that members of the advisory committee may serve to 2 terms, but allows a member representing the Colorado state university agricultural experiment station or the CDPHE to serve on the advisory committee for unlimited terms during the duration of the member’s employment with CSU or CDPHE; and places language in statutes governing local governments that mirrors the language in the act requiring a local government that adopts an ordinance or resolution about pesticides to submit information to the commissioner about the ordinance or resolution.

SB23-198 | Clean Energy Plans | Concerning the verification of clean energy plans to ensure that the plans achieve the state’s greenhouse gas emission reduction targets. | SPONSORS: Sen Winter, Rep Weissman | SUMMARY:  If an entity’s current clean energy plan does not achieve the 2027 clean energy target, the entity must submit a revised clean energy plan to CDPHE by 12/31/24. The CDPHE shall, in consultation with the PUC, verify that the revised clean energy plan meets the 2027 clean energy target. The bill also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity’s 2005 baseline greenhouse gas emissions, estimated 2027 GHG emissions, and estimated 2030 GHG emissions on: The GHG emissions from each resource that is used to supply electricity to the entity’s retail electricity customers; and The GHG emissions from each resource that generates electricity and that is owned by the entity if the applicable GHG emissions are not otherwise required to be included in another entity’s clean energy plan. The bill also requires the CDPHE to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division must: Calculate the percentage of reduction in GHG emissions for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC; and

Determine whether each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC has obtained all of the resources necessary to achieve the 2030 clean energy target.

If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the CDPHE determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the GHG emissions by the entity to ensure that the entity achieves the 2030 clean energy target and that direct the division to amend any of the entity’s operating permits for sources of GHG emissions to ensure that the entity achieves the 2030 clean energy target.

The bill also requires: If a utility’s Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts to submit a clean energy plan to the division that covers all GHG emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for GHG emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for GHG emissions associated with electricity utility transactions in organized markets.

The bill defines “cooperative retail electric utility” as a retail electric utility that has: Indicated an intent to submit or, after January 1, 2021, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting source other than the wholesale generation and transmission cooperative (cooperative retail electric utility). A cooperative retail electric utility must submit a clean energy plan to the division no later than 18 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that any cooperative retail electric utility’s clean energy plan achieves the 2027 clean energy target and the 2030 clean energy target. The bill also defines “wholesale power marketer” as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The GHG emissions associated with the retail electric utility’s operations are not otherwise required to be included in another entity’s clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer achieves the 2027 clean energy target and the 2030 clean energy target. The bill also defines “new electric utility” as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the GHG emissions by the new electric utility to ensure that the new electric utility achieves the 2027 clean energy target and the 2030 clean energy target.

WEEK 9

HB23-1233 | Electric Vehicle Charging And Parking Requirements | Concerning energy efficiency, and, in connection therewith, requiring the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings, limiting the ability of the state electrical board to prohibit the installation of electric vehicle charging stations, forbidding private prohibitions on electric vehicle charging and parking, requiring local governments to count certain spaces served by an electric vehicle charging station for minimum parking requirements, forbidding local governments from prohibiting the installation of electric vehicle charging stations, exempting electric vehicle chargers from business personal property tax, and authorizing electric vehicle charging systems along highway rights-of-way. | SPONSORS: Reps Mauro/Valdez, Sens Priola/Winter | SUMMARY: Section 2 of the bill requires the state electrical board (board) to adopt rules requiring compliance, starting January 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to be electric vehicle (EV) capable and EV ready and to have EV supply equipment installed. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern.

Current law prohibits a landlord from unreasonably prohibiting the installation of EV charging equipment in the leased premises. This prohibition applies only to residential rental property. Section 3 broadens this prohibition to apply to an assigned or a deeded parking space for the leased premises, to parking spaces accessible to both the tenant and other tenants, and to commercial rental property. Section 3 also requires a landlord to allow an EV or a plug-in hybrid vehicle to park on the premises. 

Current law prohibits, when a person owns a unit in a common interest community, such as a condominium, the association that manages the community (association) from unreasonably prohibiting the installation of EV charging equipment in the unit. Section 4 broadens this prohibition to apply to assigned or deeded parking spaces for the unit or parking spaces accessible to both the unit owner and other unit owners. Section 4 also requires a common interest community to allow an EV or a plug-in hybrid vehicle to park at the premises.

Current law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require the local government, when counting minimum parking spaces, to count:

• Any parking space that is served by an EV charging station as at least one standard automobile parking space; and
• Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces.

Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations unless the ordinance or resolution addresses a bona fide safety concern.Section 10 exempts, until 2030, EV charging systems from the levy and collection of property tax.

Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 11 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. 

HB23-1234 | Streamlined Solar Permitting And Inspection Grants | Concerning the streamlined solar permitting and inspection grant program. | SPONSORS: Reps Brown/Soper, Sen Roberts (Bi-Partisan) | SUMMARY: The bill creates the streamlined solar permitting and inspection grant program (program). The program will grant money to local governments to implement free automated permitting and inspection software. To support the implementation of free automated permitting and inspection software by local governments, the state treasurer will transfer one million dollars from the general fund to the program in fiscal year 2022-23. The money is continuously appropriated.

The bill requires the Colorado energy office (office) to administer the program by developing procedures to award money to applicants, establishing a process for applicants to apply for money, requiring applicants to demonstrate expected costs to implement the automated permitting and inspection software, and beginning to approve applicants no later than June 30, 2024. A grantee must implement the free automated permitting software within 180 days of receipt of grant money. Grantees are required to report to the office the implementation status of the free automated permitting software one year after being granted the money and each year thereafter for 4 years. The office is required to report to the house of representatives energy and environment committee, the senate transportation committee, and the joint budget committee the progress of the grant program yearly beginning on January 1, 2025, and continuing until the repeal of the program on July 1, 2034.

HB23-1240 | Sales Use Tax Exemption Wildfire Disaster Construction | Concerning a sales and use tax exemption for construction and building materials used for repairing and rebuilding residential structures damaged or destroyed by a declared wildfire disaster in 2020, 2021, or 2022. | SPONSORS: Reps Brown/Amabile, Sen Fenberg | SUMMARY: Section 1 of the bill creates a state sales and use tax exemption for construction and building materials purchased on or after January 1, 2020, but before July 1, 2025, to be used directly in rebuilding or repairing a residential structure damaged or destroyed by a declared wildfire disaster in calendar year 2020, 2021, or 2022 (wildfire rebuild exemption).

A homeowner, or a contractor employed by a homeowner, may obtain a wildfire rebuild exemption certificate from the local government authorized to issue a building permit in the area in which the residential structure to be repaired or rebuilt is located. To be qualified, a homeowner must certify that:

• The homeowner was the owner of each residential structure to be repaired or rebuilt at the time the structure was damaged or destroyed by the declared wildfire disaster; and
• The replacement cost for each residential structure to be repaired or rebuilt exceeds the homeowner’s coverage under any homeowner’s insurance policy associated with the structure.

To claim the exemption, the qualified homeowner, or contractor employed by such homeowner, must provide a copy of the wildfire rebuild exemption certificate to each retailer from which the homeowner or contractor purchases exempt construction or building materials. If a qualified homeowner, or contractor employed by such homeowner, has paid state sales or use tax on the purchase of exempt construction or building materials on or after January 1, 2020, but before July 1, 2025, then the person who made the purchase may apply to the department of revenue for a refund pursuant to existing sales and use tax refund procedures. Alternatively, if the purchaser-contractor has not been granted a refund, the homeowner for whom the exempt materials were purchased may apply for a refund by establishing certain existing statutory requirements are met.

Sections 2 and 3 include the wildfire rebuild exemption among other exemptions available to state-collected and administered local sales and use tax jurisdictions, including statutory cities and counties, for adoption at their discretion.

⭐️HB23-1242 | Water Conservation In Oil And Gas Operations | Concerning water used in oil and gas operations. | SPONSORS: Boesenecker/Joseph, Sen Cutter | SUMMARY: The bill requires an oil and gas operator in the state (operator), on or before January 31, 2024, and at least annually thereafter, to report information to the COGCC regarding the operator’s use of water entering, utilized at, or exiting each of the operator’s oil and gas locations. The bill also requires the commission to adopt rules requiring that: 

• When issuing an operator a new or renewed oil and gas permit on or after June 1, 2024, the commission include as a condition of the permit a requirement that the operator use a decreasing percentage of fresh water and a corresponding increasing percentage of recycled or reused water in the operator’s oil and gas operations; and
• Each oil and gas operator, on and after January 1, 2024, report on a monthly basis to the commission about the daily vehicle miles traveled for any trucks hauling water to, within, or from the operator’s oil and gas operations in the state.

From the information reported to the commission under the bill, the commission is required to:

• Include the information as part of the commission’s annual reporting on cumulative impacts of oil and gas operations;
• Report to the division of administration (division) in the department of public health and environment, on a per-incident basis, any indication of technologically enhanced naturally occurring radioactive material or PFAS chemicals present in produced water; and
• On a quarterly basis, submit a cumulative report to the CDPHE and CDOT on reported vehicle miles traveled and public roads traveled. 

SB23-186 | Oil And Gas Commission Study Methane Seepage Raton Basin | Concerning methane seepage in the Raton basin of Colorado, and, in connection therewith, requiring the Colorado oil and gas conservation commission to complete a study and establish a new regulatory category. | SPONSORS: Sens Pelton/Winter, Reps Winter/Willford (Bi-partisan) | SUMMARY: The bill requires the Colorado oil and gas conservation commission (commission), in consultation with local governments, to perform a study that:

• Recognizes best management practices for capturing methane seepage in the Raton basin;
• Confirms the high quality of water resulting from such methane capture operations; and
• Confirms the high potential to preserve and make beneficial use of such water.

The commission must complete the study and submit it to legislative committees of reference by December 1, 2023.

The bill also requires the commission to implement a regulatory category for methane recovery in the Raton basin, which category includes consideration of enforcement, financial assurance, flow lines, forms, operator guidance, orphan well programs, rules, and policies and allows for beneficial uses deemed prudent by local governments. 

SB23-187 | Public Utilities Commission Administrative Fee Setting Transportation Services | Concerning fees paid to the public utilities commission by operators of transportation services in the state, and, in connection therewith, requiring the public utilities commission to establish fees administratively. | SPONSORS: Sens Winter/Rodriguez | SUMMARY: Current law requires that, if the uncommitted reserves in the motor carrier fund (fund) exceed 10% of the fund’s expenditures, the amount of the uncommitted reserves in the fund that are attributable to the registration fees paid by motor carriers and other transportation providers required to register with the United States department of transportation under the unified carrier registration system must be transferred from the fund to the motor carrier safety fund. Section 1 of the bill adjusts the amount of uncommitted reserves that triggers the transfer from 10% to 16.5%.

Under current law, various fees imposed on motor carriers are either specified in statute or set administratively by the public utilities commission (commission). Sections 2 and 3 remove the statutorily set fees and instead authorize the commission to set the motor carrier fees administratively.Section 4 requires, on and after January 1, 2024, that the commission establish transportation network company permit fees administratively. The commission may adopt rules establishing different tiers of permit fees for distinct types of transportation network companies based on the commission’s consideration of market factors.

Week 8

HB23-1220 | Study Republican River Groundwater Economic Impact | Concerning a study regarding the economic impact of the elimination of large-capacity groundwater withdrawal within the Republican river basin, and, in connection therewith, requiring the Colorado water center to conduct the study and report its findings and conclusions to certain legislative committees. | SPONSORS: Reps Holthorf/McCormick (bi-partisan) | SUMMARY: The bill requires the Colorado water center (center) in the Colorado state university to study the anticipated economic effects of the forced elimination of groundwater withdrawals within and surrounding the Colorado portion of the Republican river basin that could occur if Colorado fails to comply with the resolution. The center is required to prepare a progress report and, on or before January 1, 2026, a final report of the center’s findings and conclusions from the study and to post both reports on the center’s website. The center must present the progress and final reports to certain legislative committees.

HB23-1221 | Water Quality Data Standards | Concerning data standards for the determination of a total maximum daily load for state waters. | SPONSORS: Reps Soper/Mauro, Sen Simpson | SUMMARY: The bill requires the division of administration in the department of public health and environment, on and after January 1, 2024, to use quality-assured data to determine the maximum amount of a pollutant that can be discharged daily into state waters without exceeding applicable water quality standards.

SB23-139 | State Severance Tax Trust Fund Allocation | Concerning the appropriation of money from the severance tax operational fund to the wildfire mitigation capacity development fund, and, in connection therewith, making an appropriation. | SPONSORS: Sens Zenziger/Kirkmeyer, Reps Sirota/Bockenfeld (Bi-partisan) | SUMMARY: Joint Budget Committee. The bill authorizes the general assembly to appropriate up to $10 million from the severance tax operational fund (operational fund) to the wildfire mitigation capacity development fund (wildfire fund) for fiscal year 2022-23 and makes a corresponding appropriation. The bill authorizes the general assembly to appropriate up to $5 million from the operational fund to the wildfire fund beginning in fiscal year 2023-24 and in each fiscal year thereafter. Such appropriations may be made only if less than 100% of the money available in the operational fund is used for current core programs.

SB23-177 | CO Water Projects Appropriations | Concerning the funding of Colorado Water Conservation Board Projects, and in connection therewith, making an (enormous) appropriation | SPONSORS: Sens Roberts/Simpson (Bi-partisan) | SUMMARY: The bill appropriates the following amounts for the 2023-24 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:

• Continuation of the satellite monitoring system, $380,000;
• Continuation of the floodplain map modernization program, $500,000;
• Continuation of the weather modification permitting program, $500,000;
• Continuation of the watershed restoration program, $500,000;
• Continuation of the Colorado Mesonet project, $150,000
• Continuation of the weather forecasting partnership project, $1,000,000;
• Support for the division of water resources mobile field data collection application project, $800,000;
• Continuation of the reservoir enlargement assessment project, $1,000,000;
• Support for the central Colorado water conservancy district augmentation efficiency project, $3,000,000; and
• Support for the state water plan action advancement project, $2,000,000.

The bill directs the state treasurer to transfer the following amounts on July 1, 2023, from the severance tax perpetual base fund to the CWCB construction fund, and appropriates those amounts from the CWCB construction fund to the CWCB for the following projects:

• Continuation of the Platte river recovery implementation program, $19,000,000;
• Support for the upper Colorado river endangered fish recovery program and the San Juan river basin recovery implementation program, $15,000,000; and
• Additional and continued support for the Frying Pan – Arkansas project, $20,000,000.

The bill directs the state treasurer to transfer the following amounts from the CWCB construction fund on July 1, 2023:

• $2,000,000 to restore the fish and wildlife resources fund;
• Up to $2,000,000 to the CWCB litigation fund; and
• $2,000,000 to the water plan implementation cash fund for continuation of the water plan implementation grant program.
• Section 17 appropriates $10,600,000 of sports betting revenues from the water plan implementation cash fund and $2,000,000 from the CWCB construction fund to the CWCB to fund grants that will help implement the state water plan.
• Section 18 appropriates $8,000,000 from the wildlife cash fund to the division of parks and wildlife to purchase up to 924 acre-feet of orphan shares from the CWCB as part of the Chatfield reservoir reallocation project.

SB23-178 | Water-wise Landscaping In Homeowners’ Association Communities | Concerning removing barriers to water-wise landscaping in common interest communities. | SPONSORS: Sens Jaquez Lewis/Will, Rep McCormick | SUMMARY: The bill states that an association’s guidelines or rules must: Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner’s property; Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner’s property; Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and Not prohibit vegetable gardens in the front, back, or side yard of a unit owner’s property. The bill also requires an association to permit the installation of at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping and emphasize drought-tolerant and native plants. The bill allows a unit owner who is affected by an association’s violation of the new requirements to bring a civil action to restrain further violation and to recover damages in an amount equal to actual damages plus $500, plus any other damages, costs, and reasonable attorney fees.

Week 7 Bills

HB23-1216 | Natural Gas Pipeline Safety | Concerning measures to promote safety in the distribution of natural gas. | SPONSOR: Rep Story | SUMMARY: The bill requires the PUC gas pipeline safety rules, on or before March 1, 2024, for: The inspection of gas meters and service regulators no more often than every 36 months; and the re/installation of service regulators so that any vents are at least 12 inches above ground. Also requiring a gas distributor: Provide written notice to the customer, within 90 days after the installation of the customer-owned service line, who’s responsible for the maintenance; and Obtain a signed copy of the written notice from the customer.

Week 6 Bills

⭐️ HB23-1210 | Carbon Management | Concerning carbon management, and, in connection therewith, ensuring that carbon management projects are eligible for grants under the industrial and manufacturing operations clean air grant program and providing for the creation of a carbon management roadmap. | SPONSORS: Rep Dickson, Sen Hansen | SUMMARY: The CCUS train is leaving the station, whether it’s viable, or cost-effective, or not.  This bill prohibits EOR (Enhanced Oil Recovery) from inclusion in any future funding opportunities, but encourages companies to pursue carbon capture—including DAC—and the use of CO2 pipelines, and requires the Energy Office to create a CCUS Roadmap for the legislature in 2025. There’s a lot to like and a lot to dislike about this bill, so here are the gory details:

Specifically, the roadmap will examine: (I) CONSTRUCTION; (II) AGRICULTURE; (III) FOREST MANAGEMENT; (IV) MINE RECLAMATION; (V) INDUSTRIAL MANUFACTURING; (VI) CEMENT AND CONCRETE; (VII) FOOD AND BEVERAGE; AND (VIII) EXISTING OIL AND GAS INFRASTRUCTURE AND WORKFORCE; (b) THE NECESSARY INFRASTRUCTURE TO SUPPORT CARBON MANAGEMENT, SUCH AS: (I) THE BEST RESERVOIRS FOR CARBON DIOXIDE STORAGE; (II) EXISTING CARBON DIOXIDE PIPELINES AND HOW THOSE PIPELINES CAN BEST BE CONNECTED WITH PIPELINES NEEDED FOR INDUSTRIAL CARBON MANAGEMENT TO MINIMIZE RISK, INCLUDING RISK TO DISPROPORTIONATELY IMPACTED COMMUNITIES; AND (III) INFRASTRUCTURE THAT ALLOWS ACCESS TO CLEAN ENERGY RESOURCES FOR CARBON MANAGEMENT PROJECTS THAT WOULD: (A) ATTRACT COMPANIES TO DEVELOP OR DEPLOY CARBON MANAGEMENT IN THE STATE; B) ENCOURAGE THE DEVELOPMENT OF NEW CARBON MANAGEMENT TECHNOLOGIES; (C) SUPPORT THE EXPANSION OF CARBON MANAGEMENT COMPANIES IN THE STATE; (D) CATALYZE PRIVATE INVESTMENT AND MARKET DEVELOPMENT IN CARBON MANAGEMENT BY APPLYING GAP FUNDING OR OTHER SUPPORT FOR CARBON MANAGEMENT PROJECTS INVOLVING PRIVATE SECTOR PROVIDERS AND BUYERS; AND (E) FOSTER CARBON MANAGEMENT PROJECTS IN THE STATE. Fortunately it has provisions to restrict any efforts that have impacts on public health or DI Communities, or benefit habitual offenders or violators of air permits. Unfortunately, and it bears repeating, this roadmap has no requirement to evaluate cost effectiveness or even viability of the technology. 

SB23-143 | Retail Delivery Fees | Concerning the administration of the existing retail delivery fees collected by the department of revenue. | SPONSORS: Sens Fenberg/Van Winkle | SUMMARY: In short, the bill allows retailers to include the delivery fee in the price rather than add it as a separate line item, lightens the load of delivery fees for small and new businesses, and exempts delivery fees that would be higher than the merchandise itself.

SB23-161 | Financing To Purchase Firefighting Aircraft | Concerning state funding to finance the purchase of a firefighting aircraft to respond to wildfires. | SPONSORS: Sens Fenberg/Will, Reps Lynch/McCluskie (Bi-partisan) SUMMARY: Spending another $80M on another fire hawk helicopter because it’s easier to justify money spent on the symptoms of climate change than the cause.

SB23-166 | Establishment Of A Wildfire Resiliency Code Board | Concerning the establishment of a wildfire resiliency code board, and adopt model codes and within the wildland-urban interface (WUI). | SPONSORS: Sens Cutter/Exum, Reps Froelich/Velasco | SUMMARY: The bill establishes a wildfire resiliency code board in the department of public safety for ensuring community safety from and reducing the risk of wildfires to people and property. The board will adopt codes and standards for the hardening of structures and parcels in the wildland-urban interface in Colorado, including defining the WUI and identify areas of the state that are within it; Adopt minimum codes and standards based on best practices to reduce the risk to life and property from the effects of wildfires; Identify hazards and types of buildings, entities, and defensible space around structures to which the codes apply; and establish a process for a governing body to petition the board for a modification to the codes and establish the criteria and process for the board to grant or deny an appeal from a decision of the board on a petition for modification. The bill also creates a cash fund and continuously appropriates the money in the fund to the department to implement the provisions of the bill.

Week 4 bills (no week 5 bills)

HB23-1127 | Customer’s Right To Use Energy | Concerning a guarantee of a customer’s right to use (fracked gas) energy. | SPONSORS: Rep Winter (not to be confused with Sen Faith Winter!), Sen Paisley | SUMMARY: The ban on the ban of fracked gas hookups is back! The annual clap trap about how we can all have solar, plus micro wind turbines and miniature hydroelectric dams to power our homes, and oh, also fracked gas. | OPPOSE | Postponed Indefinitely

HB23-1163 | Revoke Carbon Dioxide Status As A Pollutant | Concerning a prohibition against classifying carbon dioxide as a pollutant. | SPONSORS: Rep ‘what’s the frequency Kenneth’ DeGraaf, Bottoms, Winter (not that one!) | SUMMARY: Bunch of Leg Dec BS regarding the ‘minimal’ negative effects of carbon dioxide in the atmosphere as a contributor to greenhouse gases in comparison to other, ‘more harmful’ emissions (Here’s a parody clip of John McLaughlin yelling “Wrong!”) Prohibits the classification of carbon dioxide as a pollutant in the state…and any/all regulations AND 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 void. (My grandfather had an expression that seems apt here: “This ain’t worth the power and lead to blow it up.”) | OPPOSE |

HB23- 1148 | Temp Prohibition On Rule-making After Rule Adopted | Concerning certain limitations on an executive agency’s ability to engage in additional rule-making within a specified period of time following the agency’s adoption of a rule. | SPONSORS: Rep Evans, Sen Pelton B. | SUMMARY: The bill prohibits an executive rule-making agency, on or after September 1, 2023, from amending an existing rule or adopting a new rule concerning the same subject matter as the existing rule for the 3 years following the existing rule’s adoption. The following rules are exempt from the 3-year prohibition period: Rules required by state statute, federal statute, or federal regulation; Imperatively necessary for the preservation of public health, safety, or welfare and for which compliance with the 3-year prohibition would be contrary to the public interest; Temporary or emergency rules, which remain effective for 120 days or less; and Rules that a member of the regulated community petitions to be amended and for which the rule-making agency grants the petition. (This bill if passed would prevent the second half of the 2023 Ozone SIP from going forward, which would mean we’re not addressing NOx emissions, a chemical required to form ozone. Also no GHGs fee schedule rulemaking because we regulated GHGs in the midstream sector last month, and so much more. No Cumulative Impacts rulemaking at the COGCC because we began that in 2021 but did next to nothing. Still, no more rulemaking for you! And the impacts go on and on.) | OPPOSE |

HB23-1166 | Repeal Retail Delivery Fees | Concerning the elimination of retail delivery fees | SPONSORS: Rep Pugliese, Sen Will | SUMMARY:  As authorized by current law, retail delivery fees are imposed on each retail delivery by {…a bunch of state fees as created by previous statute or the SustainableTransportation bill SB21-260) and we’re gonna repeal ‘em effective instantly. 

HB23-1134 | Require Electric Options In Home Warranties | Concerning mandatory provisions in home warranty service contracts, and, in connection therewith, requiring a home warranty service contract to include terms allowing a homeowner to replace any of certain gas-fueled devices with a device that operates on electricity or to receive an amount that is equivalent to the retail cash value of the gas-fueled device. | SPONSORS: Reps Joseph/Kipp, Sen Cutter | SUMMARY: The bill requires that, on and after January 1, 2024, every home warranty service contract that provides coverage for the replacement of any of certain gas-fueled appliances must include terms: Allowing the homeowner to replace the gas-fueled appliance with an electric one; describing minimum efficiency and performance standards for each gas-fueled appliance and for electric replacements; and allowing the homeowner to receive an equivalent cash value of a gas-fueled appliance in lieu of a replacement appliance. | Passed Committee

HB23-1137 | Solar Garden Net Metering Credits Stabilization | Concerning measures to stabilize net metering credits calculated for an electric retail utility’s purchase of electric output from a community solar garden. | SPONSORS: Reps Lukens/Valdez, Sens Hansen/Roberts | SUMMARY: Current law requires an electric retail utility (utility) to offer a net metering credit as the means of purchasing output from a community solar garden (CSG) located within the utility’s service territory and establishes the means of calculating the net metering credit. The bill maintains that calculation if the credits change annually. However, if the CSG indicates to the utility that the CSG’s subscribers’ bill credits are fixed, the bill provides a different calculation for determining the net metering credit. Can’t attach fees to riders on the bill. | Passed Committee

HB23-1154 | Ballot Issue Greenhouse Gas Emissions Report | Concerning requirements for ballot initiatives to include the projected environmental impact report, requiring the title of the initiative to reflect the findings of the report, and include findings in the ballot information booklet entry for such initiatives. | SPONSOR: Rep Valdez | SUMMARY: The Concerning statement says it all.

⭐️ HB23-1161 | Environmental Standards For Appliances | Concerning environmental standards for certain products. | SPONSORS: Reps Kipp/Willford, Sen Cutter | SUMMARY: Sections 1 through 7 of the bill expand the appliances and fixtures that are subject to the standards and update the standards. (…lots more commercial and residential appliances than the last bill.) Includes important appliances like electric water heaters, air purifiers, gas fireplaces. Requires CDPHE to keep appliance standards up to date every 5 years. If you get caught selling disapproved appliances your fine goes to the Energy Office. Eliminates mercury in lighting (particularly fluorescent tubes). Authorizes inspections. | SUPPORT |

⭐️ SB23-092 | Agricultural Producers Use Of Agrivoltaics | Concerning opportunities for voluntary emission reductions in agriculture. | SPONSORS: Sens Simpson/Hansen, Reps McCormick/Soper (Wonderfully Bi-partisan in both houses) |  SUMMARY: In support of the use of agrivoltaics, the bill authorizes the agricultural drought and climate resilience office (office) to award grants for new or ongoing demonstration or research projects that demonstrate or study the use of agrivoltaics. Authorizes the Colorado water conservation board (board) to finance a project to study the feasibility of using aquavoltaics, which are solar energy generation facilities placed over, or floating on, irrigation canals or reservoirs. Amends the statutory definition of “solar energy facility”, used in determining the valuation of public utilities for property tax purposes, to include agrivoltaics and aquavoltaics.Requires the commissioner of agriculture and energy office, the air quality control commission, and an institution of higher education to examine GHGs reduction and carbon sequestration opportunities in Ag. This bill is not a mandate. | SUPPORT |

Week 3 Bills

HB23-1096 | Wildfire Resilient Homes | Concerning the promotion of wildfire resilient houses. | SPONSORS: Rep. Snyder | SUMMARY: The bill expands the wildfire mitigation grant program to allow grant recipients to expend grant money on programs for houses built/rebuilt in areas of high risk of wildfires. The forest service is required to promote wildfire resistant housing strategies and publish their ongoing efforts.

HB23-1101 | Ozone Season Transit Grant Program Flexibility | Concerning support for transit, and, in connection therewith, increasing the flexibility of the ozone season transit grant program and increasing opportunities for transit agency participation in regional transportation planning. | SPONSORS: Reps. Vigil/Bacon, Sen Winter. | SUMMARY: Section 1 of the bill increases the flexibility of the ozone season transit grant program by: Allowing an eligible transit agency to designate a different period of the calendar year for its “ozone season”; retain any grant money that it does not spend in the year for use in a subsequent year; an eligible transit agency may use grant money to expand free services or free routes or increase the frequency of service on routes for which free service is already offered; and Allowing the regional transportation district to use grant money to cover the full costs, rather than up to 80% of the costs. Fund $3M for a transit assoc and $11M for a trans district | Passed House E&E

SB23-079 | Nuclear Energy As A Clean Energy Resource | Concerning the inclusion of nuclear energy as a source of clean energy. | SPONSORS: Sen Liston also Baisley/Gardner/Kirkmeyer/Lundeen/Pelton B./Pelton R./Rich/Simpson/Van Winkle/Will | SUMMARY: “Clean energy” means energy derived from biomass, geothermal energy; solar energy; small hydroelectricity; NUCLEAR ENERGY; and wind energy, as well as any hydrogen derived from any of the foregoing ENERGY SOURCES LISTED IN THIS SUBSECTION. “Clean energy resource” means any electricity-generating technology that generates or stores electricity without emitting carbon dioxide into the atmosphere. (I’m amused that virtually every Republican Senator has signed on as a cosponsor right out of the gate!) | OPPOSE

Week 2 Bills

⭐️ HB23-1069 | Study Biochar In Plugging Of Oil And Gas Wells | Concerning the creation of the biochar in oil and gas well plugging working advisory group to make recommendations for the development of a pilot program to study the use of biochar in the plugging of oil and gas wells. SPONSORS: Rep McCormick, Sen Cutter | SUMMARY: The bill creates the biochar in oil and gas well plugging working advisory group (work group) in the COGCCoil and gas conservation commission (commission). The work group must submit a draft report to the commission detailing its recommendations for the pilot program. After coordinating with the commission to develop a final report, the work group must present the report to the transportation and Senate T&E/House E&E by 1/1/24. | SUPPORT with amendments accepted by the sponsor |

⭐️ HB23-1074 | Study Workforce Transitions To Other Industries | Concerning a study regarding workforce transitions to other industries. | SPONSORS: Reps Dickson/Amabile | SUMMARY: The bill requires a study of workforce transitions in Colorado’s economy. The workforce transitions study (study) must: Evaluate the skill transferability of workers in the oil and gas industry and in occupations in Colorado that are facing the most disruption due to automation; Explore training availability, skills needed, and transition strategies; and Provide recommendations for programs and policies to prepare the workforce for these transitions to Senate BLT/House BAL by 1/124. | SUPPORT with amendments accepted by the sponsor | Passed Committee

HB23-1075 | Wildfire Evacuation And Clearance Time Modeling | Concerning evacuation and clearance time modeling in wildfire risk areas of the state. SPONSORS: Rep Snyder SUMMARY: The bill directs the office of emergency management (office) to provide resources and technical assistance to conduct evacuation and clearance time modeling and to publish the results to an interactive website. On and after July 1, 2026, each local and interjurisdictional emergency management agency that has jurisdiction in a wildfire risk area must perform evacuation and clearance time modeling and include the information in the emergency management plan for its area. On 1/1/24 requires that proposed developments of a certain size, a developer must perform evacuation and clearance time modeling for the proposed development and submit the information to the local government that will consider the application for a development permit for approval. A local government cannot approve an application for a development permit submitted on or after that date unless the application includes the evacuation and clearance time modeling and the local government determines that it is adequate for the proposed development.

HB23-1080 | Reliable Alternative Energy Sources | Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and specifying the maximum nameplate capacity of a generation unit for pumped hydroelectricity that qualifies as recycled energy under the renewable energy standard. | SPONSORS: Rep Winter, Sen Pelton | SUMMARY: Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and specifying the maximum nameplate capacity of a generation unit for pumped hydroelectricity that qualifies as recycled energy under the renewable energy standard. Requires a study on the feasibility of using small modular nuclear reactors as a carbon-free energy source in the state (feasibility study) by 7/1/25. Also for pumped hydro only, increases nameplate capacity to 400MW from 15MW. | OPPOSE |

HB23-1085 | Rural County and Municipality Energy Efficient Building Codes | Concerning modification of the requirements for local governments in rural areas to adopt energy efficient building codes, and, in connection therewith, amending the definition of a rural county, defining a rural municipality, and extending the energy efficient building code compliance periods for both. SPONSORS: Rep Martinez, Sen Simpson | SUMMARY: A rural county, which is defined as a county with a population of less than 30,000 people, is permitted to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training, and extends the compliance periods:

• An energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed by the energy board is not required prior to July 1, 2030, instead of being required concurrently with any county code building code update occurring on or after July 1, 2023, and before July 1, 2026;
• An energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the energy board is not required prior to July 1, 2032, instead of being required concurrently with any county code building code update occurring on or after July 1, 2026; and
• An energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code is not required prior to July 1, 2025, instead of being required concurrently with any county code building code adoption or update occurring before July 1, 2023.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.

HB23-1092 | Limitating Use of State Money | Concerning limitations on the use of state money, and, in connection therewith, requiring the public employees’ retirement association to make investments solely on financial factors, prohibiting certain government contracts with entities that engage in economic boycotts, and requiring the state treasurer to invest money eligible for investment solely on financial factors. SPONSOR: Bockenfeld | SUMMARY: The bill prohibits state money from being used to further certain social, political, or ideological interests beyond what controlling state and federal law require. Requires PERA to make investments solely on financial factors and prohibiting PERA from investing in an entity with a stated purpose to further certain social, political, or ideological interests beyond what federal and state law require (nonfinancial commitment). Requires a government contract to include a verification that a company entering into a government contract does not, and will not during the term of the contract, engage in an economic boycott of another company to further certain social, political, or ideological interests. Prohibits a person from penalizing a financial institution for complying with the non-economic boycott verification requirement. Requires the state treasurer to make investments solely on financial factors, prohibits the state treasurer from investing in entities with a stated nonfinancial commitment, and gives the attorney general authority to enforce these investment requirements. | OPPOSE | PI’D

Week 1 bills

HB23-1005 – New Energy Improvement Program Changes | Concerning changes to the new energy improvement program, and, in connection therewith, adding resiliency improvements and water efficiency improvements to the program, modifying the new energy improvement district’s notice requirements, and removing the district’s hearing requirement. | SPONSORS: Rep Wilford/Titone, Sen Jaquez Lewis |  SUMMARY: Amends the Commercial Property Assessed Clean Energy program (C-PACE) to also apply to the district to finance resiliency improvements and water efficiency improvements. Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner’s eligible real property. | Passed the House

HB23-1010 – Task Force On High-altitude Water Storage | Concerning a task force to study the feasibility of high-altitude water storage in Colorado. | SPONSORS: Rep McLachlan, Sens Bridges/Simpson (Bipartisan) | SUMMARY: The bill creates a task force to study the feasibility of implementing water storage in the form of snow in high-altitude areas of the state (task force). The task force must submit a report to the water resources and agriculture review committee on or before June 1, 2024, which report will include the feasibility of implementing high-altitude water storage in Colorado; issues considered by the task force; and any legislative proposals. | Postponed Indefinitely (PI’d)

HB23-1018 – Timber Industry Incentives | Concerning incentives to promote the timber industry in Colorado, and, in connection therewith, creating an internship program in the Colorado state forest service and creating a state income tax credit for the purchase of qualifying items used in timber production and forest health. | SPONSORS: Rep Lynch, Sen Simpson | SUMMARY: The bill creates the timber, forest health, and wildfire mitigation industries workforce development program (program) in the state forest service. The program provides partial reimbursement to timber businesses and forest health or wildfire mitigation entities for the costs of hiring interns. Beginning on or after January 1, 2023-2028, a timber business may claim a credit against state income tax for 20% of the cost of certain equipment, vehicles, and equipment infrastructure. The total aggregate credit in any one income tax year is limited to $10,000.

HB23-1039 – Electric Resource Adequacy Reporting – Concerning a requirement that electric load-serving entities periodically report about the adequacy of their electric resources. | SPONSORS: Rep Bird, Sens Rodriguez/Winter | SUMMARY: Annually beginning April 1, 2024, an entity providing retail or wholesale electricity services in the state must file an annual report detailing the adequacy of its electric resources to the PUC. PUC must aggregate and deliver a report to the CEO (Colorado Energy Office) by July 1 each year, who will create a statewide resource report. Won’t apply to those active in an RTO (Regional Transmission Org) or ISO (Independent System Operator) or voluntary regional resources adequacy reporting program. | SUPPORT | Passed House E&E

SB23-005 – Forestry And Wildfire Mitigation Workforce – Concerning measures to expand the forestry workforce, develop educational materials for high school students about career opportunities in forestry and wildfire mitigation; creating a workforce development program to help fund internships; authorizing the expansion and creation of forestry programs in the community college system and at Colorado mountain college; and recruit wildland fire prevention and mitigation educators. SPONSORS: Sens Jaquez Lewis/Cutter | SUMMARY: Directs the Colorado state forest service to develop educational materials relating to career opportunities in forestry/wildfire mitigation for high school guidance counselors. Creates the timber, forest health, and wildfire mitigation industries workforce development program in the SFS. Authorizes the expansion of existing forestry programs, including wildfire mitigation, and the creation of a new forestry program within the community college system. Directs the state board for community colleges to increase the number of teachers. | Passed Senate Ag

SB23-010 – Water Resources And Agriculture Review Committee | Concerning the water resources and agriculture review committee. | SPONSORS: Sens Bridges/Simpson, Rep McLachlan (bipartisan) | SUMMARY:  The bill makes the water resources and agriculture review committee permanent, and removes limitations on the number of meetings and the number of field trips the committee may hold, plus requires the committee to meet at least 4 times during each calendar year. | Passed Senate Ag

SB23-016 – Greenhouse Gas Emission Reduction Measures | Concerning measures to promote reductions in greenhouse gas emissions in Colorado. | SPONSORS: Sen Hansen, Reps McCormick/Sirota | SUMMARY: Section 1 of the bill requires that, beginning in 2024, each $100M+ insurance company must complete the NAIC’s “Insurer Climate Risk Disclosure Survey”. Section 2 requires the public employees’ retirement association (PERA) board, on or before June 1, 2024, to ensure voting decisions are supportive of the statewide greenhouse gas (GHG) emission reduction goals, and include in annual report a description of climate-related investment risks, impacts, and strategies. Section 4 adds wastewater thermal energy equipment to the definition of “pollution control equipment” and to the definition of “clean heat resource” for inclusion in its clean heat plan filed with the PUC. Section 6 updates the statewide GHG emission reduction goals to add a 65% reduction goal for 2035, an 80% reduction goal for 2040, a 90% reduction goal for 2045 and converts the current 90% by 2050 goal to 100%. Section 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG. Section 8 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered yard/lawn equipment for purchases made in income tax years 2024 through 2026. Section 9 determines the calculation if a CSG’s (Community Solar Garden) net meter bill credits change annually. Sections 10 through 12 incorporate projects to renovate or recondition existing utility transmission lines into the “Colorado Electric Transmission Authority Act”, allowing the CETA to finance and renovate, rebuild, or recondition existing transmission lines and requires expedited land use decisions. | SUPPORT (with amendments) | Passed Senate T&E

SB23-026 – Financial Institution Discrimination Environmental Criteria | Concerning prohibiting discrimination by financial institutions based on environmental criteria. | SPONSOR: Sen R Pelton | SUMMARY: The bill prohibits financial institutions that do business in the state from discriminating against any person based on environmental criteria. A financial institution’s violation of this prohibition is an unfair or deceptive trade practice. (Prevents banks from refusing to fund heavy polluting activities). | OPPOSE | Postponed Indefinitely (PI’d = failed in Committee)

SB23-032 – Wildfire Detection Technology Pilot Program | Concerning the establishment of a wildfire detection technology system pilot program, and, in connection therewith, making an appropriation. | SPONSORS: Sens Simpson/Ginal, Rep Lynch (bipartisan) | SUMMARY: The bill requires the center of excellence for advanced technology aerial firefighting (center of excellence) in  the department of public safety to establish one or more remote camera technology pilot programs., which may use artificial intelligence and must use remote pan-tilt-zoom cameras and associated tools to provide a live feed of information that can detect, locate, and confirm ignition in the wildland-urban interface. The center of excellence must report to the wildfire matters review committee on the system’s effectiveness and potential for more widespread use in the state.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training. | Passed Senate Ag

By Jan Rose, Legislative Analyst and Spokesperson

Wildfire/Disaster bills:

• HB22-1007 | Assistance Landowner Wildfire Mitigation – Passed ; HB22-1011 | Wildfire Mitigation Incentives For Local Governments – Passed ; HB22-1012 | Wildfire Mitigation And Recovery – Passed ;SB22-007 | Increase Wildfire Risk Mitigation Outreach Efforts – Passed ;SB22-206 | Disaster Preparedness And Recovery Resources | Passed ;HB22-1225 | Sunset (Continue) Colorado Resiliency Office | Passed

What you need to know: We need a CO Resiliency Office to manage our response to disasters. These bills hand out piles of money for various prevention strategies and consolidates our responses into a single location/office. Also, we’re willing to spend millions of dollars to address the consequences of climate change but comparatively little to prevent it.

Microgrid Bills

• HB22-1013 | Microgrids in remote/isolated/at risk communities | Passed ; HB22-1249 | Electric Grid Resilience And Reliability Roadmap | Passed

What you need to know: 1013 is a restricted implementation bill with little funding; 1249 includes microgrids in our GHGs reduction roadmap which allows for broad expansion.

Commuting Bills

• HB22-1138 | REDUCE EMPLOYEE SINGLE-OCCUPANCY VEHICLE TRIPS | PI’d(Postponed Indefinitely) ;HB22-1026 | Alternative Transportation Options Tax Credit – Passed

What you need to know: Business refuses to take responsibility for traffic congestion (1138) and pollution so we bribed them with a 20% tax credit.

Buildings Bills

• HB22-1218 | EV Chargers in multi-unit Housing – Passed ;HB22-1362 | Building Codes Reduce GHGs – Passed ;SB22-051 – Reduce Building GHGs with Heat Pumps (air and ground) & lower-carbon building materials – Passed

What you need to know: Combined with last year’s legislation, this set of bills pretty thoroughly encompasses methods for reducing buildings/materials GHGs and sets aside lots of grant funding for low-income/EJ communities. Required future buildings to be EV/solar/heat pump ready and multi-unit housing to have charging stations. Includes money to inform/educate/train builders/developers on green energy codes.

Waste Bills

• HB22-1355 | Recycling Producer Responsibility – Passed ; HB22-1134 | Measures To Reduce Use Single-use Meal Accessories | PI’d ; HB22-1159 | Waste Diversion And Circular Economy Development Center | Passed

What you need to know: 1355 is considered best-in-the-nation; the proof is in the pudding (will producers pay to fund the program or just pay fines for not participating?) Also extends the life of last year’s waste diversion program and includes the ability to recycle hard-to-recycle components (electronics/building materials etc)

O&G Tax Bills

• HB22-1391 | Modifications To Severance Tax – Passed ; SB22-026 | Oil And Gas Operator Property Tax Procedures | Passed ;  SB22-198 | Orphaned Oil And Well Enterprise – Passed

What you need to know: Just a bunch of admin-related Dept of Revenue severance tax issues required by a task force last summer. Reduces ad valorem credit (against their property tax bill) from 87% to 76%; creates a separate entity to manage the $10M/year regulated a few months ago for orphaned well management and allows us to quality for $25M this year in federal funds

O&G Reporting Bills

• HB22-1361 | Oil And Gas Reporting – Passed ; HB22-1348 | Oversight of Fracking Chemicals – Passed

What you need to know: Compares estimated to actual emissions, volumes of O&G reported to the COGCC v the DOR; annual reporting of enforcement; reporting chemicals used in downhole operations and attestation that no PFAS is used.

PFAS

• HB22-1345 | PFAS Ban | Passed

What you need to know: Includes carpets, fabric, cookware, cosmetics etc., to encompass everywhere that PFAS is currently used with a no sale requirement beginning 2024 for everything but cosmetics, which will be 2025.

Air Quality

• SB22-193 | Air Quality Improvement Investments | Passed ; SB22-138 | Reduce Greenhouse Gas Emissions In Colorado – Lost to a Republican filibuster! ; SB22-180 | Free RTD for 30 days during Ozone Season, Passed ; SB22-082 | Geographical Area Hazard Air Pollution Rule |  PI’d ;HB22-1166 | Incentives Promote Colorado Timber Industry | Failed via filibuster compromise ; HB22-1244 | Public Protections From Toxic Air Contaminants | Passed

What you need to know: The 2 signature bills of this session were 193 and 138, both of which had multiple components. 138 failed but will be back next year.  193 includes ~$100M for electric school buses (setting us up to receive federal funding from the Infrastructure bill) and e-bikes; reducing industrial emissions (but has programs like direct air capture, CCUS, and blue hydrogen – BOO), and aerial/ground monitoring of emissions. Replacing old diesel with new diesel trucks was removed, yay. 180 is for the month of August and only for 2 years, but includes Bustang, RTD, and light rail; if it’s not successful it will be abandoned. Last September the CO Energy Office announced the mountains have become a net emitter instead of a carbon sink, so the timber bill was going to pay half the wages of new hires and 20% of their equipment cost; better to convert to biochar in a future bill. 138 had agrivoltaics, climate risk assessments, soil carbon sequestration, injection well carbon storage, and phase-out of gas mowers/blowers/trimmers (2-stroke engines); again, will be back. 1244 creates 6 statewide toxics monitors and allows CDPHE to add more air toxics than the EPA currently enforces, but only includes 5 toxics next year and every 5 years can add more.

All of the Above Energy Bills

• HB22-1140 | Green Hydrogen To Meet Pollution Reduction Goals | Failed in Committee ;SB22-073 | Alternative Energy Sources (little nukes) | PI’d ; HB22-1020 | Customer Right To Use Energy (ban on the ability to ban fracked gas) | PI’d ; SB22-118 | Encourage Geothermal Energy Use – Passed ; HB22-1381 | Colorado Energy Office Geothermal Energy Grant Program – Passed 

What you need to know: The signature goal of Republicans in the area of climate change is (always) all of the above energy.  Little nukes (SMRs) will be back cuz Xcel wants one in Pueblo; Green Hydrogen must come back next year to restrict/prevent the blue hydrogen boondoggle; geothermal supports ground-source heat pumps and common-coil for subdivision-wide heat pumps, 

Utilities bills

• HB22-1018 | Electric And Gas Utility Customer Protections | Passed ;SB22-090 | Severe Weather Notifications To Utility Customers | PI’d

What you need to know: Xcel can’t turn off power to people after 5p Friday or on weekends, but they don’t need to warn us of the next TX snowstorm/brutal heat wave which jacks up our prices.

Just Transition Bills

• HB22-1394 | Fund Just Transition Community And Worker Supports | Passed ;HB22-1193 | Fund Just Transition Coal Workforce Programs | Passed

What you need to know: Added another $15M (total now $30M) to compensate for reduced local taxes and provides $5M for coal workers to learn new skills

Pesticide/Pollinator Bills

• SB22-131 | Protect Health Of Pollinators And People | PI’d ;SB22-199 | Native Pollinating Insects Protection Study | Passed ; SB22-158 | Species Conservation Trust Fund Projects | Passed

What you need to know: As with last year, the chemical and ag industries successfully fought off a neonics and Roundup-style potential ban, but at least we get to study how bad they are for Colorado’s native pollinators.

Following is the Final bill summary of the 2022 State Legislature for the week ending sine die (May 11, SIN-ay DEE-ay – which in latin means until an unknown future date, except we now know the legislature will reconvene January 9, 2023): 

Key: ✅ = the CCLC supports this bill

         ❌  = the CCLC opposed this bill

Strike through indicates a change from the announced version

Italics indicates new provisions from the introduced version

PI’d = postponed indefinitely (not happening this session)

Click on the bill number to read the full legislative text

Energy

HB22-1391 | Modifications To Severance Tax | Concerning the state severance tax on oil and gas. | Sponsors: Rep McClusckie, Sens Hansen/Rankin (Bi-p) | The bill changes the calculation of the ad valorem credit allowed against the state severance tax on oil and gas. In tax years beginning on and after January 1, 2024, January 1, 2025, the credit for ad valorem taxes is calculated on a per-well basis for wells that are not exempt from taxation by applying the prior year’s mill levy to the current year’s gross income multiplied by an assessment rate of 87.5%, and taking 87.5% of that amount for the credit. This calculation is simplified to multiplying 76.56% of the gross income of the well by the mill levy fixed in the prior calendar year. | Passed

HB22-1381 | Colorado Energy Office Geothermal Energy Grant Program | Concerning the creation of a geothermal energy grant program to facilitate the development of geothermal energy resources. | Sponsors: Reps Titone/McKean, Sens Winter/Woodward (Bi-p). | Summary: The bill creates the geothermal energy grant program (grant program) in the Colorado energy office (office) within the office of the governor. The grant program offers 3 types of grants:

• The single-structure geothermal grant, which is awarded to applicants that are constructing new buildings and that are installing a geothermal system as the primary heating system for the building;
• The community district heating grant, which is awarded to support ground-source, water-source, or multisource thermal systems that serve more than one building; and
• The geothermal electricity generation grant, which is awarded to support the development of geothermal electricity generation and hydrogen generation produced from geothermal energy.

The bill creates the geothermal energy grant fund (fund).The grant money in the fund is allocated in the following percentages:

• Up to 40% of the total money in the fund may be awarded in grants for cost-matching public-private partnerships to support the development of geothermal electricity generation and resource development, which may include hydrogen generation produced from geothermal energy;
• Up to 60% 80% of the total money in the fund may be awarded in grants for constructing new buildings and remodeling existing buildings using geothermal heating, and one-fourth of the money must be awarded to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities; and
• Up to 25% of the total money in the fund may be awarded in grants to support the development of district heating systems in new construction or to retrofit existing buildings.

The money in the fund is continuously appropriated to implement the grant program. The state treasurer will transfer $20 million from the general fund to the fund.

The office administers the grant program and, in doing so, must develop and apply criteria for evaluating and awarding grant applications that:

• Prioritize projects in low-income, disproportionately impacted, or just transition communities; and
• Maximize the number of additional projects that would otherwise not occur without grant money. | Passed

HB22-1361 | Oil And Gas Reporting | Concerning measures to enhance oversight of oil and gas operations within the state. | Sponsors: Rep Boesenecker | For a random sample and industry-wide figures, compares Production reported to COGCC against production reported to Dept of Revenue for tax purposes; compares estimated emissions when filing for permit against actual emissions reported to CDPHE; reports on overall Enforcement implementation including paperwork (like well integrity testing) violations that might affect public health, the environment, or wildlife, as well as fines levied for spills/accidents/etc. |✅SUPPORT | Passed

SB22-198 | Orphaned Oil And Gas Wells Enterprise | Concerning measures to address orphaned wells in Colorado, and, in connection therewith, creating the orphaned wells mitigation enterprise. | Sponsors: Sens Fenberg/Scott; Reps Weissman/Will. | Codifies  the Orphaned Well Mitigation fund approved at the recent Financial Assurances Rulemaking. | Passed

HB22-1249 | Electric Grid Resilience And Reliability Roadmap | Concerning the creation of a roadmap for improving electric grids in the state. | Sponsors: Reps Bernett/Hooton |The bill requires the Colorado energy office (office), in collaboration with the department of local affairs (department) and the Colorado resiliency office (resiliency office), to develop a grid resilience and reliability roadmap (roadmap) for improving the resilience and reliability of electric grids in the state (grid), which roadmap must include guidance on how microgrids may be used to harden the grid, improve grid resilience and reliability, and help serve communities’ electricity needs independent of the grid deliver electricity where extending distribution infrastructure may not be practicable, and operate autonomously and independent of the grid, when necessary . In developing the roadmap, the office, department, and resiliency office are required to engage interested persons throughout the state in stakeholder meetings and consider stakeholder input. The roadmap may identify:

• The potential benefits of developing microgrids, including whether and how developing microgrids improves grid resilience and reliability;
• The critical facilities and infrastructure and the high-risk communities that should be prioritized for microgrid projects (projects);
• Existing and potential threats to grid resilience and reliability and how microgrids may help to overcome the threats; and
• Recommendations regarding potential legislative or administrative changes needed to help facilitate projects, including needed statutory or rule changes, key factors to consider regarding the safety, development, maintenance, and deployment of microgrids, metrics for evaluating the costs and benefits of microgrids, financial and technical support for microgrid deployment, and education and outreach programs, including apprenticeship programs.

The office and department are is required to post a draft of the roadmap on its website on or before July 1, 2024, and the office and department are required to post the completed roadmap on their websites. The office is also required to submit a copy of the roadmap to the public utilities commission (commission), and, on or before March 1, 2025, in collaboration with the department, present the roadmap to the legislative committees of reference with jurisdiction over energy matters. On a periodic basis at least every 5 years, the office, department, and resiliency office are required to review the roadmap and, if necessary, update it. If the roadmap is updated, it must be posted on the office’s and department’s websites and submitted to the commission and the legislative committees of reference with jurisdiction over energy matters.For the 2022-23 state fiscal year, $22,470 is appropriated from the general fund to the office of the governor for use by the Colorado energy office to develop the roadmap.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) | ✅ SUPPORT | Passed

HB22-1140 | Green Hydrogen To Meet Pollution Reduction Goals | Concerning the use of green hydrogen to meet statewide greenhouse gas pollution reduction goals. | Sponsors: D. Valdez/Woog (Bi-p) | The bill includes green hydrogen as a renewable energy resource that retail electric service providers (over 40K customers) may use to meet standards requiring that a certain percentage of the provider’s electricity sales be from an eligible energy resource. The bill also requires the governor to update the Colorado greenhouse gas pollution reduction roadmap to expressly include green hydrogen as a renewable energy resource that providers may use to meet statewide greenhouse gas pollution reduction goals for the electric utility sector. | ✅ Support | FAILED in House E&E

SB22-118 | Encourage Geothermal Energy Use | The bill modifies the following statutory provisions that apply to solar energy so that they also apply to geothermal energy: which generally is using the heat of the earth to generate electricity or to heat or cool space or water:

• Section 1 of the bill requires the Colorado energy office (office) to develop basic consumer education and guidance about leased or purchased geothermal or, if available, leased installation in consultation with industries that offer these options to consumers of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network;
• Sections 2, 6, and 8 limit the aggregate of all charges or other related or associated fees the state, a county, or a municipality may impose or assess to install a geothermal energy system, which means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation;
• Section 3 specifies that geothermal equipment is a type of pollution control equipment that the division of administration in the department of public health and environment may certify as pollution control equipment;
• Section 4 specifies that a “project” for purposes of the “County and Municipality Development Revenue Bond Act” includes capital improvements to existing single-family residential, multi-family residential, commercial, or industrial structures, to retrofit such structures for installation of geothermal improvements a system that uses geothermal energy for water heating or space heating or cooling in a single structure;
• Section 5 permits a county board of commissioners or a regional planning commission, and section 9 requires permits a municipal development commission, to include methods for assuring access to appropriate conditions for geothermal energy sources in a master plan for development;
• Section 7 specifies that the addition of a geothermal energy device to such building used as part of a system that uses geothermal energy for water heating or space heating or cooling to a building is not necessarily considered a structural alteration for purposes of continuing a nonconforming use of a building, structure, or land under a county zoning resolution;
• Section 10 permits the Colorado agricultural value-added development board to use some of the money in the agriculture value-added cash fund for geothermal energy generation facilities that are colocated with agricultural uses;
• Section 11 10 adds a geothermal energy device to the types of renewable energy generation devices that cannot be prohibited in legal instruments related to the transfer or sale of, or interest in, real property;
• Section 13 includes an independently owned geothermal energy system, which is defined in section 12 , in the property tax exemption for household furnishings;
• Section 14 11 creates community geothermal gardens, which are analogous to community solar gardens; except that a qualifying retail utility is permitted and not required to purchase electricity and renewable energy credits generated from one or more community geothermal gardens; and
• Sections 15 and 16 12 through 16 create conforming amendments to the definition of “qualified community location” to incorporate community geothermal gardens for purposes of local improvement districts and municipal special improvement districts to the creation of community geothermal gardens.
• Section 1 requires permits the office to update the greenhouse gas pollution reduction roadmap to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the roadmap. | ✅ Support | Passed

SB22-073 | Alternative Energy Sources | Concerning a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and for recycled energy for pumped hydroelectricity. | Sponsors Sen Rankin, Rep McKean | ❌ OPPOSE Postponed Indefinitely (PI’d) Senate State Affairs 3-2

 HB22-1013 | Microgrids For Community Resilience Grant Program | Concerning the creation of a grant program to build community resilience regarding electric grid disruptions through the development of microgrids. | Sponsors: Reps Pelton/Snyder, Sens Hisey/Winter (Bi-p) | The bill creates the microgrids for community resilience grant program (grant program) to be administered by the division of local government (division) in the department of local affairs (department), in collaboration with the Colorado resiliency office (office) in the division and the Colorado energy office . A cooperative electric association or a municipally owned utility (utility) may apply to the division for a grant award to finance the purchase of microgrid resources in eligible rural communities within the utility’s service territory that are at significant risk of severe weather or natural disaster events and in which there are one or more community anchor institutions. The microgrids, which can be connected to or be disconnected from, and work independent of, the utility’s electric grid, can increase an eligible rural community’s resilience regarding any interruptions to the electric grid, such as those caused by severe weather or natural disaster events. On an annual basis commencing in 2023 , the division is required to report on the progress of the grant program, submit copies of the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees, and publish the report on the department’s website.For state fiscal year 2022-23, the bill appropriates from the general fund:

• $3,500,000 to the department of local affairs for use by the division of local government for implementation of the grant program; and
• $20,713 to the office of the governor for use by the Colorado energy office for grant program administration. | ✅ SUPPORT | Passed

HB22-1018 | Electric And Gas Utility Customer Protections | Concerning a state regulated utility’s practices regarding a customer’s ability to pay the customer’s utility bill. | Sponsor: Rep Kennedy | Ensuring IOU’s can’t disconnect in the middle of the night, on weekends or holidays and ensures same day reinstatement. Sets new eligible income requirements for assistance.| Passed

HB22-1020 | Customer Right To Use Energy | Concerning a guarantee of a customer’s right to use energy. | Sponsors: Rep Woog/Sen Kirkmeyer | Prohibits the limiting of the use of natural gas or propane. ❌ OPPOSE – House E&E Postponed Indefinitely (until next year…)

SB22-026 | Oil And Gas Operator Property Tax Procedures | Concerning an oil and gas operator’s sole ability to review and protest property tax. Sponsors: Sens Ginal/Kirkmeyer, Reps Boesenecker/Rich (Bi-p) | Passed

GHGs Pollution

HB22-1362 | Building GHGs Emissions | Concerning the reduction of building greenhouse gas emissions by updating Energy Codes | Sponsors: Reps Bernett/Valdez; Sens Hansen/Winter | The bill requires the Colorado energy office (office) to identify for adoption 3 sets of model code language:

• Model electric and solar ready code language;
• Model low energy and carbon code language; and
• Model green code language.

The bill also requires the director of the office to appoint an energy code advisory board that will identify for adoption 2 sets of model code language:

• Model electric and solar ready code language; and
• Model low energy and carbon code language.

On or before January 1, 2025, municipalities, counties, the office of the state architect, the division of housing, and the division of fire prevention and control shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code language identified for adoption by the office energy code advisory board .On or after July 1, 2023, and before July 1, 2026, municipalities and counties that update a building code shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code language identified for adoption by the energy code advisory board.

In the event of a conflict between the 2021 international energy conservation code, the 2024 international energy conservation code, or any of these 3 sets of model code language and either the Colorado plumbing code or the national electric code, the Colorado plumbing code or the national electric code prevails.

The bill creates 2 primary grant programs:

• The building electrification for public buildings grant program to provide grants to local governments, school districts, state agencies, and special districts for the installation of high-efficiency electric heating equipment; and
• The high-efficiency electric heating and appliances grant program to provide grants to local governments, utilities, nonprofit organizations, and housing developers for the installation of high-efficiency electric heating equipment in multiple structures within a neighborhood.

The bill establishes the clean air building investments fund, a continuously appropriated cash fund, to fund the creation, implementation, and administration of both of these grant programs.

The bill also requires the following transfers from the general fund:

• $3 million to the energy fund created for the Colorado energy office to issue grants and provide training related to the 2021 international energy conservation code, electric and solar ready codes, and low energy and carbon codes;
• $10 million to the clean air building investments fund for the creation, implementation, and administration of the building electrification for public buildings grant program; and
• $12 $11 million to the clean air building investments fund for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program. | ✅ SUPPORT | Passed

SB22-193 | Air Quality Improvement Investments | Concerning measures to improve air quality in the state, and, in connection therewith, making an appropriation. | Sponsors: Sens Fenberg/Gonzales; Rep A. Valdez | SUMMARY: Industrial and manufacturing operations clean air grant program. Section 1 of the bill creates the industrial and manufacturing operations clean air grant program (clean air grant program) through which the Colorado energy office (office) awards grant money to private entities, local governments, tribal governments, and public-private partnerships for voluntary projects to reduce air pollutants from industrial and manufacturing operations. Voluntary projects eligible for grant money include:

• Energy efficiency projects;
• Renewable energy projects;
• Beneficial electrification projects;
• Transportation electrification projects;
• Projects producing or utilizing clean hydrogen;
• Projects involving carbon capture at industrial facilities and direct air capture projects ;
• Methane capture projects;
• Projects producing or utilizing sustainable aviation fuel; and
• Industrial process changes that reduce emissions.

NOTABLE PARAGRAPH: (E) PROJECTS PRODUCING OR UTILIZING CLEAN HYDROGEN. IF CLEAN HYDROGEN PROJECTS ARE PROPOSED TO RECEIVE GRANT MONEY, THE OFFICE SHALL PRIORITIZE GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS THAT UTILIZE GREEN HYDROGEN THROUGH ELECTROLYSIS POWERED ENTIRELY BY RENEWABLE ELECTRIC RESOURCES OVER GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS THAT UTILIZE ANY OTHER CLEAN HYDROGEN PRODUCTION TECHNOLOGY, WHICH OTHER CLEAN HYDROGEN PROJECTS, IF AWARDED GRANT MONEY, MUST COMPLY WITH SECTION 42 U.S.C. SEC. 16152 (1). (F) Projects INVOLVING CARBON CAPTURE AT INDUSTRIAL FACILITIES AND DIRECT AIR CAPTURE PROJECTS; 

On June 30, 2022, the state treasurer shall transfer $25 million from the general fund to the industrial and manufacturing operations clean air grant program cash fund, which fund is created in the bill. The clean air grant program is repealed on September 1, 2029. 

Community access to electric bicycles. Section 2 creates the community access to electric bicycles grant program (electric bicycles grant program). Also creates the community access to electric bicycles rebate program (rebate program) through which the office provides individuals in low- and moderate-income households, or bicycle shops that sell electric bicycles to program participants at discounted prices, rebates for purchases of electric bicycles and equipment used for commuting purposes.

On June 30, 2022, the state treasurer shall transfer $12 million from the general fund to the community access to electric bicycles cash fund, which fund is created in the bill. The electric bicycles grant program and the rebate program are repealed on September 1, 2028.

Diesel truck emissions reduction grant program. REMOVED FROM THE FINAL BILL.

Electrifying school buses grant program. Section 3 also creates the electrifying school buses grant program (school buses grant program) through which the department, with technical assistance from the office, awards grant money to school districts. Starting in 2025, and every odd-numbered year thereafter, the department is required to report on the progress of the school buses grant program, submit copies of the report to the legislative committees with jurisdiction over education and transportation matters, and post copies of the report on its website. On June 30, 2022, the state treasurer shall transfer $65 million from the general fund to the electrifying school buses grant program cash fund, which fund is created in the bill.  The school buses grant program is repealed on September 1, 2034. | ✅SUPPORT | Passed

HB22-1355 | Recycling Producer Responsibility | Concerning the creation of the producer responsibility program for statewide recycling, and, in connection therewith, making an appropriation. | Sponsors: Rep Cutter, Sens Priola/Story | SUMMARY: On or before June 1, 2023, the executive director of the CDPHE must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, businesses, schools, hospitality locations, government buildings, and public places. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products that are sold, offered for sale, or distributed in the state .

The bill creates the producer responsibility program for statewide recycling advisory board (advisory board) that consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state.

Prior to the implementation of the program, the organization must:

• On or before September 1, 2023, hire an independent third party to conduct an assessment of the recycling services currently provided in the state and the recycling needs in the state that are not being met (needs assessment);
• On or before April 1, 2024, report the results of the needs assessment to the advisory board and the executive director; and
• On or before February 1, 2025, after soliciting input from the advisory board and other key stakeholders, submit a plan proposal for the program (plan proposal) to the advisory board and executive director.

The plan proposal will initially cover recycling services only for residential covered entities. The plan proposal must:

• Describe how the organization will meet certain convenience standards and statewide recycling, collection, and post-consumer-recycled-content rates (rates);
• Establish a funding mechanism through the collection of producer responsibility dues that covers the organization’s costs in implementing the program and the costs of the department in overseeing the program;
• Establish an objective formula to reimburse 100% of the net recycling services costs of public and private recycling service providers (providers) performing services under the program;
• Provide a list of covered materials (minimum recyclable list) that providers performing services under the program must collect to be eligible for reimbursement under the program;
• Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035; and
• Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities.

As part of the program, the organization must:

• Utilize and expand on providers’ existing recycling services to provide statewide recycling services at no charge to covered entities for all covered materials on the minimum recyclable list;
• Develop and implement a statewide education and outreach program on the recycling and reuse of covered materials;
• Contract with an independent third party to conduct an annual audit of the program; and
• Submit an annual report to the advisory board and the executive director describing the progress of the program (annual report).

On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit an individual plan proposal to the advisory board. The advisory board will review and make recommendations on, and the executive director shall approve or reject, the individual plan proposal.The bill establishes the producer responsibility program for statewide recycling administration fund (fund). On or before June 30, 2026, and on each June 30 thereafter, the department will notify the organization of its costs in overseeing and enforcing the program, and the organization will transmit a portion of the producer responsibility dues to the fund for the purposes of reimbursing the department for its costs.

Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in an additional producer responsibility program that has been approved by the executive director the final plan or another plan approved by the executive director .

The advisory board has the following duties:

• Advise the organization on the needs assessment;
• Review the needs assessment;
• Review the plan proposal and make recommendations to the executive director regarding its approval or rejection;
• Review any necessary amendments to the program, make recommendations on the amendments to the organization, and then make recommendations to the executive director regarding approval or rejection of the amendments;
• Review the annual report submitted by the organization; and
• Consult with the organization on the development and updating of the minimum recyclable list.

The bill establishes an administrative penalty for the organization’s or a producer’s violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund.

SB22-180 | Programs To Reduce Ozone Through Increased Transit | Concerning programs to reduce ground level ozone through increased use of transit. | Sponsors: Sens Winter/Hinrichsen, Reps Gray/Bacon | The bill creates the ozone season transit grant program (program) in the Colorado energy office (office). The program provides grants to the regional transportation district (RTD) and transit associations in order to provide free transit services for at least 30 days during ozone season. A transit association receiving a grant may use the money to make grants to eligible transit agencies. The eligible transit agencies may use the money to provide at least 30 days of new or expanded free transit services during ozone season. The RTD may use grant money to cover up to 80% of the costs of providing free transit for at least 30 days on all services offered by the RTD during ozone season. Eligible transit agencies and the RTD can use the money to cover lost fare box revenues and to pay for other expenses necessary to implement the program, including expenses associated with an increase in ridership as a result of the program. The RTD and a transportation association receiving a grant are required to report to the office on the services offered and estimates of the change in ridership as a result of the program.

The office is required to establish policies governing the program and to report to the house and senate transportation committees by December 31 of each year of the program. The program is repealed, effective July 1, 2024.

The transit and rail division (division) in the department of transportation is required to create a 3-year pilot project to extend state-run transit services throughout the state with the goals of reducing ground level ozone, increasing ridership, and reducing vehicle miles traveled in the state. The division is required to report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026. | ✅ SUPPORT | Passed

SB22-138 | Reduce Greenhouse Gas Emissions In Colorado | Concerning measures to promote reductions in greenhouse gas emissions in Colorado. | Sponsors: Sen Hansen/Rep A. Valdez | Died in a floor filibuster compromise. Will be back next session.

Would have 

• required insurance companies and the PERA board to prepare a climate risk assessment annual report. 
• Updated the statewide greenhouse gas (GHG) emission reduction goals to add a 40% reduction goal for 2028 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels. 
• Provided price incentives to purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. 
• Given the CCOGCC authority over class VI injection wells used for sequestration of GHG
• Required a study examining carbon reduction and sequestration opportunities in the agricultural sector in the state, including the potential development of certified carbon offset programs or creditinstruments. 
• Support of the use of agrivoltaics, which is the colocation of solar energy generation facilities on a parcel of land with agricultural activities | ✅ SUPPORT | Failed in Filibuster Compromise

HB22-1244 | Public Protections From Toxic Air Contaminants | Concerning measures to increase public protection from toxic air contaminants. | Sponsors: Reps Kennedy/Gonzales-Gutierrez; Sen Gonzales | SUMARY: The bill creates a new program to regulate a subset of air pollutants, referred to as “toxic air contaminants”, which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates by rule as a toxic air contaminant based on its adverse health effects . In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal “Clean Air Act”.The division of administration (division) in the department of public health and environment will publish an initial list of toxic air contaminants. Beginning no later than January 1, 2024, September 30, 2030, and every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to add any additional toxic air contaminants to the list.

On or before April 1 June 30 of each year, beginning on April 1 June 30, 2024, owners and operators of major and synthetic minor certain sources of pollution will submit to the division of administration (division) in the department of public health and environment (department) an annual toxic emissions inventory report that reports the levels of criteria air pollutants and toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report on the types of information available to the division regarding toxic air contaminants and, no later than December 31, 2024, may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter.

Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. 

The monitoring program will establish at least 6 long-term monitoring sites throughout covering urban and rural areas of the state. The division must provide public notice of and an opportunity to comment on the locations of the monitoring sites. No later than May 1, 2025, and by May 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program.

On or before November October 1, 2025, and at least every 5 years by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program provide public notice of and an opportunity to comment on the report, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” prior to the 2027 legislative session.Beginning no later than July 1, 2027, the commission will identify by rule toxic air contaminants that may pose a risk of harm to public health in the state (high-risk toxic air contaminants) and adopt health-based standards and emissions limitations (airborne toxic control measures) for high-risk toxic air contaminants.On or before July 1, 2032, and at least every 5 years thereafter, the commission will review the health-based standards and airborne toxic control measures to determine if the commission should:

• Identify any additional high-risk toxic air contaminants; and
• Adjust the existing health-based standards and airborne toxic control measures.

Beginning on July 1, 2027, when applying for a new or modified air pollution permit that is subject to the new source review requirements of the federal “Clean Air Act”, the owner or operator of a stationary source of pollution must submit an analysis of the impacts of the stationary source’s emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. The division may only approve the application if the division determines, based on the analysis, that the source’s emissions will not contribute to an increase in concentrations in the ambient air at or in excess of a health-based standard.Beginning on July 1, 2027, to protect public health and the environment, the division may reopen any existing air pollution permits and require the owner or operator of a stationary source of pollution to submit to the division an analysis of the impacts of the stationary source’s emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. If the division determines, based on the analysis, that the source’s emissions contribute to concentrations in the ambient air at or in excess of a health-based standard, the division may require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions no longer contribute to concentrations in the ambient air at or in excess of a health-based standard.The bill also creates the toxic air contaminant scientific advisory board (advisory board) in the department. The advisory board consists of 3 voting members appointed by the executive director of the department and a nonvoting member representing the department. Each member of the advisory board shall:

• Be professionally active or engaged in scientific research;
• Be highly qualified to evaluate health effects from exposure to toxic substances; and
• Have expertise in pathology, oncology, epidemiology, or toxicology.

The advisory board will advise the commission on identifying toxic air contaminants and high-risk toxic air contaminants, establishing and revising health-based standards for high-risk toxic air contaminants, and reviewing and revising the list of covered air toxics.No later than December 31, 2024, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than September 30, 2025, the commission will establish by rule health-based standards for any priority toxic air contaminant identified by the commission.On or before September 30, 2029, and at least once every 5 years thereafter, the commission will:

• Determine whether to identify any additional priority toxic air contaminants;
• Determine whether to revise existing health-based standards; and
• No more than 12 months after identifying any additional priority toxic air contaminants, adopt health-based standards for those toxic air contaminants.

No later than April 30, 2026, the commission will adopt emission control regulations designed to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations.

No later than September 30, 2030, and at least once every 5 years thereafter, the commission will:

• Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and
• Determine whether to revise existing emission control regulations.

No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” prior to the 2026 legislative session. | ✅ SUPPORT | Passed

HB22-1218 | Resource Efficiency Buildings Electric Vehicles | Concerning resource efficiency related to constructing a building for occupancy. | Sponsors: Rep A. Valdez | SUMMARY: Section 1 of the bill relocates existing statutes that require contractors to offer certain resource efficiency options when constructing certain buildings. Section 1 also requires commercial buildings and multifamily residences to include electric vehicle charging for at least 10% of the parking spaces as follows:

• If the building is 25,000 square feet or more or if the building is part of a project that is 40,000 square feet or more of floor space in more than one building, with a total of 25 or more sets of living quarters or commercial units among all the buildings:
  • 10% of the parking spaces used by the occupants of the building must be EV capable, which means that the building is ready to run the wiring and install a 208 to 240 volt receptacle;
  • 10% of the parking spaces used by the occupants of the building must be EV ready, which means that each parking space has a working 208 to 240 volt receptacle; and
  • 5% of the parking spaces used by the occupants of the building must have EV supply equipment, which is a dedicated EV charger, installed;
• If the building is multifamily housing with at least 3 units and at least 10 parking spaces, the building must have:
  • In 50% of the units, a parking space used by the occupants of the building that is EV capable;
  • In 20% of the units, a parking space used by the occupants of the building that is EV ready; and
  • In 5% of the units, a parking space used by the occupants of the building that has EV supply equipment installed adjacent to a parking space.

These buildings must also have:

• The space in the electrical facilities to increase electric vehicle charging to 50% of the parking spaces; and
• Conduit run to increase electric vehicle charging to 50% of the parking spaces.

Section 3 requires a master electrician to follow these requirements when planning, laying out, and supervising the installation of wiring in a building. Section 4 requires an architect to follow these requirements when planning, drafting plans for, and supervising the construction of a building. Continuing education requirements are put in place to educate master electricians and architects about these requirements.

The bill applies to the construction of a new high-occupancy building project or to the renovation of 50% or more of an existing high-occupancy building project and to:

• A contract executed on or after July 1, 2023, to construct a high-occupancy building project;
• The planning of or drafting for a high-occupancy building project on or after the bill’s effective date; and
• The laying out of or construction of a high-occupancy building project on or after the bill’s effective date.

In a large commercial building project that is group A, B, E, I, M, or S-2 occupancy, the number of EV supply equipment parking spaces may be reduced by up to 5 if the large commercial building project installs a space equipped with level 3 charging EV supply equipment and at least one parking space that is EV ready.Section 3 requires the project to comply with these provisions to obtain a building permit. ✅ SUPPORT | Passed

HB22-1138 | REDUCE EMPLOYEE SINGLE-OCCUPANCY VEHICLE TRIPS | Concerning the creation of programs to reduce the number of sidle-occupancy vehicle commuter trips by improving access to alternative transportation options. | SPONSORS: Reps Gray/Herod, Sens Winter/Hansen | For income tax years beginning on or after January 1, 2023, but before January 1, 2030, the bill creates an income tax credit (tax credit) for any employer that: Creates a clean commuting plan to implement strategies to increase the use of alternative transportation options and reduce the number of measurable vehicle miles driven by its employees. PI’d in House Finance 9-1

HB22-1134 | Measures To Reduce Use Single-use Meal Accessories | Concerning measures to reduce the use of single-use meal accessories. | Sponsors:  Rep Titone, Sen Priola (Bi-p) | Starting next year, you have to opt-in to receive single-use food serviceware/condiments (doesn’t apply to napkins). Exempts a few logical spaces like self-serve/B&B etc.  Also eliminates the preemption clause for local governments from last year, so they can go back to enforcing stricter laws. Effective 1/1/23. | PI’d by sponsor in House State Affairs (not enough Aye votes)

SB22-051 | Policies To Reduce Emissions From Built Environment | Sponsor: Hansen | 

The bill specifies that air-source and ground-source heat pump systems are household furnishings exempt from the levy and collection of property tax. The bill exempts air-source and ground-source heat pump systems from the definition of “fixtures” for property tax purposes.For income tax years beginning on or after January 1, 2023, but before January 1, 2033, any purchaser of an air-source heat pump system, ground-source heat pump system, water-source heat pump system, or variable refrigerant flow heat pump system (heat pump system) that installs a residential or commercial heat pump system or a residential or commercial heat pump water heater into real property in the state is allowed an income tax credit in an amount equal to 10% of the purchase price of the heat pump system or heat pump water heater.

For income tax years beginning on or after January 1, 2023, but before January 1, 2033, any purchaser of an energy storage system that installs the energy storage system in a residential dwelling in the state is allowed an income tax credit in an amount equal to 10% of the purchase price of the energy storage system.

For the heat pump system and heat pump water heater income tax credit and for the energy storage system income tax credit, the bill requires the purchaser to assign the income tax credit to the seller of the heat pump system, heat pump water heater, or energy storage system (seller) at the time of purchase, and the seller is required to compensate the purchaser for the full nominal value of the tax credit. The bill specifies the requirements of the purchaser, seller, and the department of revenue in connection with the assignment of either income tax credit.

Beginning July 1, 2024, the bill exempts from state sales and use tax all sales, storage, and use of eligible decarbonizing building materials. “Eligible decarbonizing building materials” are defined as building materials that have a maximum acceptable global warming potential as determined by the office of the state architect (office) and to be eligible for the sales and use tax exemption, such materials must be on a list of eligible materials maintained by the office. The bill allows manufacturers to submit the environmental product declaration of an eligible material to the office for the office’s review. The office is required to compile a list of eligible materials and the manufacturers of those materials based on the information voluntarily submitted to the office by the manufacturers.

In addition, beginning January 1, 2023, the bill exempts from state sales and use tax all sales, storage, and use of air-source and ground-source heat pump systems or heat pump water heaters that are used in commercial or residential buildings. To be eligible for the sales and use tax exemption under certain circumstances, the purchaser of the heat pump system or heat pump water heater is required to certify that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of the heat pump system or heat pump water heater will be performed by a certified contractor on a certified contractor list created pursuant to current law or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.Beginning January 1, 2023, the bill exempts from state sales and use tax all sales, storage, and use of energy storage systems that are used in a residential dwelling.

After January 1, 2023, an investor-owned gas utility may apply to the public utilities commission for approval to measure the amount of use for billing purposes in either fuel commodity units or for energy services provided. The public utilities commission is required to approve, deny, or modify the utility’s application.

The bill specifies that a statutory town, city, or county may exempt the same items only by express inclusion of the exemption in its initial sales tax ordinance or resolution or by amendment thereto. ✅ SUPPORT | Passed

SB22-082 | Geographical Area Hazardous Air Pollution Rule | Concerning addressing the geographical areas with the greatest concentration of air pollutants that affect human health. | Sponsor: Donovan | PI’d Health & Human Services 4-2 

HB22-1026 | Alternative Transportation Options Tax Credit | Concerning the replacement of the income tax deduction with an income tax credit of 50% for amounts spent by an employer for that purpose. | Sponsors: Reps Bird/Woog, Sens Hansen/Liston (Bi-p) | Passed

Climate Impacts

SB22-206 | Disaster Preparedness And Recovery Resources | Section 2 creates the disaster resilience rebuilding program in the division of local government (division) in the department of local affairs. The disaster resilience rebuilding program’s purpose is to provide loans and grants to homeowners, owners of residential rental property, businesses, governmental entities, and other organizations working to rebuild after a disaster emergency. The division may contract with a governmental entity, bank, credit union, community development financial institution (CDFI), or other entity to administer the disaster resilience rebuilding program. If the division contracts with an entity other than a governmental entity or CDFI, The division is required to engage in an open and competitive process to select the entity.

The division or an administrator is required to establish policies for administering the disaster resilience rebuilding program, including application requirements, eligibility requirements for applicants, maximum assistance levels, loan terms, and any specific criteria for the allowable uses of the loans and grants. Loans and grants may be used to:

• Subsidize costs to repair or rebuild a homeowner’s primary residence that are insufficiently covered by the homeowner’s insurance or by federal assistance programs, including costs to rebuild to advanced fire resistance standards and to replant climate ready trees and vegetation;
• Repair or reconstruct housing stock in areas that are experiencing a shortage of available housing by housing authorities and nonprofit organizations working to repair or reconstruct housing stock, or by owners of rental housing who agree to requirements to provide affordable rent or temporary rental assistance to displaced renters ;
• Rebuild neighborhoods planned to resist the impacts of natural disasters;
• Provide operating capital to a business experiencing a loss or interruption of business or to pay to repair or replace damaged business property and inventory; or
• Reimburse governmental entities for costs associated with a declared disaster that are not covered by available federal assistance, including costs associated with disaster management, fee waivers for building permits, infrastructure repairs and replacement of lost revenue.

The bill creates the disaster resilience rebuilding program fund. The state treasurer is required to transfer $15 million to the fund after the effective date of the bill. The money in the fund is continuously appropriated to the division for the rebuilding program.

Section 3 creates the sustainable rebuilding program in the Colorado energy office. The office is required to consult with the Colorado resiliency office and collaborate with the department of local affairs in creating the sustainable rebuilding program. The sustainable rebuilding program’s purpose is to provide loans and grants to homeowners, owners of residential rental property, and businesses that are rebuilding after a wildfire or other natural disaster to cover costs associated with building high performing, energy efficient, and resilient homes and structures. The office may contract with a governmental entity, Colorado-based nonprofit green bank with history and expertise in providing loans and grants for energy efficiency projects and services, business nonprofit, bank, credit union, or community development financial institution to administer the sustainable rebuilding program. If the office contracts with an entity other than a governmental entity, The office is required to engage in an open and competitive process to select the entity.

The Colorado energy office or an administrator is required to establish policies for administering the sustainable rebuilding program, including application requirements, eligibility requirements for homeowners and businesses, maximum assistance levels, loan terms, and any specific criteria for the allowable uses of the loans and grants.

The loans and grants may be used to:

• Install high-efficiency heat pumps for heating space or water;
• Achieve advanced energy certifications, including from Energy Star, the Passive House Institute U.S., the United States department of energy zero energy ready homes, or other similar programs;
• Achieve net zero energy or net zero carbon buildings with the addition of renewable energy generation;
• Assist with the costs of installing battery storage and electric vehicle charging stations;
• Cover the incremental costs of building to the most recent energy standard adopted by a local jurisdiction compared to the earlier version of the jurisdiction’s energy code; and
• Support other similar uses identified by the office.

The bill creates the sustainable rebuilding program fund. The state treasurer is required to transfer $20 million to the fund after the effective date of the bill. The money in the fund is continuously appropriated to the office for the resiliency program.

Section 4 creates the office of climate preparedness in the governor’s office. The office is required to coordinate disaster recovery efforts for the governor’s office as well as the development and implementation of the statewide climate preparedness roadmap (roadmap) that the office is also charged with preparing and publishing.

The office of climate preparedness may establish interagency and intergovernmental task forces and community advisory groups to inform and support the work of the office. The office may promote community engagement and information sharing and further efforts to implement the recommendations of the roadmap.

The office of climate preparedness is required to coordinate the implementation of the roadmap and may establish criteria for evaluating existing programs in all other state agencies to ensure implementation of the roadmap and its governing principles.

No later than December 1, 2023, the office of climate preparedness is required to prepare and publish and, every 3 years thereafter, update the roadmap. The roadmap must integrate and include information from all existing state plans that address climate mitigation, adaptation, resiliency, and recovery. The roadmap must build upon this previous body of work, seek to align existing plans, and identify any gaps in policy, planning, or resources. The roadmap must identify strategies for how the state will grow in population and continue to develop in a manner that meets certain goals specified in the bill.

In section 5 , the commissioner of insurance (commissioner) is required to conduct a study and prepare a report on methods to address the stability, availability, and affordability of homeowner’s insurance in Colorado with a focus on stabilizing the market. The commissioner may contract with a third party and is required to consult with stakeholders in completing the study. Section 6 requires the division of fire prevention and control (DFPC) in the department of public safety to establish and maintain a statewide fire dispatch center for rapid responses to wildfires. Section 7 authorizes the center of excellence within the DFPC to develop and implement a Colorado team awareness kit. The bill requires the transfer of $15,500,000 from the disaster emergency fund to the Colorado firefighting air corps fund for use by the DFPC to implement the statewide fire dispatch center and the team awareness kit and for the leasing of appropriate aviation resources for wildfire suppression. | Passed

HB22-1394 | Fund Just Transition Community And Worker Supports | Concerning funding for just transition programs to assist communities with economic transitions. | Sponsors: Reps Esgar/Roberts, Sens Winter/Donovan | Summary: The bill transfers $15 million from the general fund, with $5 million allocated to the just transition cash fund and $10 million allocated to the coal transition workforce assistance program account, and directs the department of labor and employment, through the just transition office, to expend the money for specified coal community and worker supports. | Passed

SB22-199 | Native Pollinating Insects Protection Study | Concerning a study regarding the protection of native pollinating insects in the state. | Sponsors: Sens Jaquez Lewis/Priola; Reps Kipp/Froelich | Since we can’t seem to get protections for pollinators passed, this bill will require DNR (Dept of Nat Resources) to study the challenges associated with native pollinating insect decline, their associated ecosystems, and their health and resilience in the state and submit a report to the Legislature and Governor summarizing the study and recommendations. | Passed

HB22-1345 | PFAS Consumer Protection including bans in 2024 | Concerning measures to increase protections from perfluoroalkyl and polyfluoroalkyl chemicals. |  Sponsors: Reps Cutter/Bradfield (Bi-p) | Section 1 of the bill enacts the “Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act” to establish a regulatory scheme that collects information from product manufacturers regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) in their products and phases out prohibits the sale or distribution of certain products that contain intentionally added PFAS chemicals perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). Requires manufacturers of products that are sold or distributed in the state and that contain intentionally added PFAS chemicals to provide written notification (notification) to the executive director (executive director) of the Colorado department of public health and environment (department) that provides:

• The trade name of the product;
• A description of the purpose that PFAS chemicals serve in the product;
• Contact information for the manufacturer; and
• Any additional information required by the executive director.

For manufacturers that were already selling or distributing a product containing intentionally added PFAS chemicals in the state before January 1, 2025, the notification must be made no later than 30 days before January 1, 2025. For manufacturers that begin to sell or distribute a product containing intentionally added PFAS chemicals in the state on or after January 1, 2025, the notification must be made at least 30 days after the manufacturer begins selling or distributing the product in the state.No later than 30 days after the executive director receives a notification, the executive director shall publish the trade name of the product and manufacturer name on the department’s website. A manufacturer submitting the notification to the executive director must pay a fee established by the executive director. The fee will be credited to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).

On and after January 1, 2024, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Carpets or rugs;
• Cookware;
• Cosmetics;
• Fabric treatments;
• Food packaging;
• Juvenile products;
• Oil and gas products;
• Textile furnishings; and
• Upholstered furniture.

No later than January 1, 2025, the executive director will identify by rule a list of priority products and priority product categories. No later than December 31, 2027, the executive director will promulgate rules prohibiting the sale or distribution of said priority products or priority product categories that contain intentionally added PFAS chemicals and that have not been exempted by the executive director.No later than January 1, 2028, the executive director will identify by rule another list of priority products or priority product categories. No later than December 31, 2030, the executive director will promulgate rules prohibiting the sale or distribution of said priority products or priority product categories that contain intentionally added PFAS chemicals and that have not been exempted by the executive director.A manufacturer or consumer that applies for an exemption for a priority product or priority product category identified by the executive director must pay a fee established by the executive director. The fee will be credited to the fund.On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to:

• List the presence of PFAS chemicals on the product label of the cookware; and
• Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product.

On and after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.Section 2 includes products that do not contain intentionally added PFAS chemicals in the definition of “environmentally preferable products” for the purposes of state agency procurement.

The bill also:

• Defines certain terminology ( section 3 );
• As of January 1, 2024, repeals the exemption for gasoline distribution facilities, refineries, and chemical plants from the restriction (sales restriction) on the sale of class B firefighting foam (firefighting foam) that contains PFAS chemicals ( section 4 );
• As of January 1, 2024, allows the executive director to grant a temporary exemption from the sales restriction for the purchase of firefighting foam that is used to extinguish class B fires at a facility that engages in the wholesale distribution of crude petroleum ( section 4 );
• Requires a person that uses firefighting foam to prohibit a release of the firefighting foam into the environment, fully contain the firefighting foam during its use, safely store the firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment ( section 5 4 );
• Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use ( section 5 4 ); and
• Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals ( section 6 5 ); and
• Extends the date that the restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports goes into effect (section 6).  | ✅ Support | Passed

HB22-1348 | Oversight of Chemicals Used in Fracking | Concerning enhanced oversight of the chemicals used in oil and gas production. | Sponsors: Reps Froelich/Caraveo, Sen Winter | The bill establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). On or before July 31, 2023, the oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information to the public (chemical disclosure website).

On and after July 31, 2023, a manufacturer that sells or distributes a chemical product operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission:

• The trade name of the chemical product;
• A list of the names of each chemical used in the chemical product;
• The estimated amount of each chemical used in the chemical product; and
• A description of the intended purpose of the chemical used in the chemical product.

The manufacturer discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For manufacturers disclosers that were already selling or distributing a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For manufacturers disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the manufacturer discloser begins selling or distributing the chemical product.If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission:

• The name of the chemical product’s manufacturer;
• The chemical product’s trade name;
• The amount or weight of the chemical product; and
• A safety data sheet for the chemical product.

On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission:

• The date of commencement of downhole operations;
• The county of the well site where downhole operations are being conducted;
• The numerical identifier assigned by the American Petroleum Institute US well number assigned to the well where downhole operations are being conducted; and
• The trade names and quantities of any chemical products the operator plans to use used in downhole operations.

The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made at least 75 days before within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made at least 75 days before within 120 days after the commencement of downhole operations.

The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include:

• An alphabetical list of names of chemicals that will be used in downhole operations at the well site; and
• The total estimated amount of each chemical that will be used at the well site.

The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator’s disclosures.

Prior to the commencement of downhole operations, the operator is required to disclose the chemical disclosure list to communities near where downhole operations will be conducted, local public water administrators, and, if there is a high-priority habitat near where downhole operations are being conducted, the division of parks and wildlife. For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure of the chemical disclosure list by the operator to these entities must be made at least 60 days before July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure of the chemical disclosure list by the operator to these entities must be made at least 60 days before commencement of downhole operations The disclosure of the chemical disclosure list to these entities must be made within 30 days after the operator’s receipt of the chemical disclosure list from the commission.

If a manufacturer believes that any information that will be included on a chemical disclosure list is a trade secret, the manufacturer must file a trade secret claim with the commission. If the commission determines that the information covered by the trade secret claim constitutes a trade secret, the commission shall not include the information in any applicable chemical disclosure list.

On or before July 31, 2023, the commission must promulgate rules that set standards for the disclosure of the chemical disclosure information to:

• An officer or employee of the United States, the state, or a local government in connection with the officer’s or employee’s official duties;
• Contractors of the United States, the state, or a local government if the commission determines that the disclosure is necessary for performance of a contract or the protection of public health and safety;
• A health-care professional in connection with an emergency or with diagnosing or treating a patient; and
• In order to protect public safety, a person who is employed in public health or a scientist or researcher employed by an institution of higher education.

No later than February 1, 2025, and no later than February 1 each year thereafter, the commission shall submit and present an annual report to the general assembly based on the chemical disclosure information. | ✅ SUPPORT | Passed

SB22-158 | Species Conservation Trust Fund Projects | Concerning support for species conservation trust fund projects, and, in connection therewith, making an appropriation. | Sponsor: Sen Donovan | Summary: The bill appropriates $6 million from the species conservation trust fund for programs submitted by the executive director of the department of natural resources that are designed to conserve native species | Passed

HB22-1166 | Incentives Promote Colorado Timber Industry | Concerning the adoption of incentives to promote the timber industry in Colorado, and, in connection therewith, creating an internship program in the Colorado state forest service, extending an existing sales and use tax exemption to cover the sales, storage, and use of wood harvested in Colorado, and creating a state income tax credit for the purchase of qualifying items used in timber production. Creating an internship program is all well and good, but we don’t need to pay 50% of their salary, and we most definitely shouldn’t be giving them tax CREDIT of 20% for purchasing mechanized equipment! | Failed on the floor due to hostile amendments

HB22-1159 | Waste Diversion And Circular Economy Development Center | Concerning waste diversion, and, in connection therewith, creating the circular economy development center in the department of public health and environment, establishing the costs of operating the center as a permissible use of money from the front range waste diversion cash fund and the recycling resources economic opportunity fund, and extending and removing certain repeal dates associated with existing statutory waste diversion efforts. | Sponsors: Rep Cutter, Sen Priola (Bi-p) | Passed

SB22-131 | Protect Health Of Pollinators And People | Concerning measures to improve pollinator habitats for the protection of the environment. | Sponsors:  Sens Jaquez Lewis/Priola, Reps Kipp/Froelich (Bi-p) | The bill implements a number of measures to protect pollinators and people. It restricts the use of pesticides on the grounds of a school, preschool program, child care center, or children’s resident camp, studies how to address pollinator decline and increase pollinator health in the state. It creates a pilot grant program in the department of agriculture to provide financial grants to agricultural producers to test the use of non-coated seed-applied systemic insecticide on their crops, and requires rules designating as restricted-use certain pesticides that contain an active ingredient belonging to the neonicotinoid class of insecticides or the sulfoxomine class of insecticides, but allowing the use of such pesticides in pet care, personal care, wood preservatives, and indoor pest-control products and products used on golf courses. The commissioner’s rules will not affect the use of the restricted-use pesticides for agricultural purposes, but will authorize local governments to regulate pesticide use and remove certain preemptions regarding local government regulation of pesticide use. | PI’d Senate Ag/Nat Res 6-1

HB22-1225 | Sunset Continue Colorado Resiliency Office | Sponsors: Reps Hooton/Will (Bi-p) | Extends the Colorado resiliency office in the department of local affairs until 2036, and, in connection therewith, implementing recommendations contained in the 2021 sunset report by the department of regulatory agencies. | Passed

HB22-1193 | Fund Just Transition Coal Workforce Programs | Concerning adjustments to expenditures from funds dedicated to assisting those impacted by the transition to a clean energy economy, and, in connection therewith, making an appropriation. | Sponsors: Reps Herod/McCluskie, Sens Hansen/Rankin (Bi-p) | The bill directs the state treasurer to transfer $2 million from the coal transition workforce assistance program account (account) to the just transition cash fund (fund), and $150K to School of Mines to expand the Carbon Ore, Rare Earth, and Critical Minerals Initiative for U.S. Basins (CORE-CM initiative). | Passed

SB22-090 | Severe Weather Notifications To Utility Customers | Concerning a requirement that energy utilities notify their customers of certain severe weather events. | Sen Story, Rep Hooton | The bill requires an electric or gas utility to determine if a forecasted severe weather event (event) warrants notification to its customers located in the path of the event. If the utility determines notification is warranted, the utility shall send notification to its customers to inform customers of the event, provide specific suggestions for how to conserve energy, alert customers to the potential electricity or fuel price increase resulting from the event, and provide customer service contact information for the utility. A utility shall send notification to customers by 2 or more types of immediate communication, including text messages or alerts, e-mails, or telephone calls. Additionally, the utility may issue a public service announcement on one or more television or radio stations. | Failed Senate T&E

HB22-1007 | Assistance Landowner Wildfire Mitigation | Concerning wildfire mitigation assistance for landowners. Sponsors: Reps D Valdez/Lynch, Sens Simpson/Lee (Bi-p) | Wildfire Matters Review Committee. Section 1 of the bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the Colorado state forest service (forest service). To be eligible to receive a grant, a recipient must be an agency of local government, a county, municipality, special district, a tribal agency or program, or a nonprofit organization.

The forest service is tasked with reviewing grant applications. Grants must be awarded to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and the forest service must consider the potential impact of the applicants’ proposed outreach when awarding grants.

The forest service must report to the wildfire matters review committee on the grant program.

Commencing no later than the 2023-2024 state fiscal year, the bill requires the general assembly to annually appropriate money from the general fund to the healthy forests and vibrant communities fund to implement the grant program .Section 2 repeals extends the existing income tax deduction created to offset the landowner’s costs incurred in performing wildfire mitigation measures, for the 2023 and subsequent income tax years, currently set to expire with the 2024 income tax year, through the 2025 income tax year .Section 3 creates a state income tax credit to reimburse a landowner for the costs incurred in performing wildfire mitigation measures on the landowner’s property. Specifically, a landowner with a federal taxable income at or below $120,000 for the income tax year commencing on or after January 1, 2023, but prior to the 2026 income tax year , as adjusted for inflation and rounded to the nearest hundred dollar amount for each income tax year thereafter, is allowed a state income tax credit in an amount equal to 25% of up to $2,500 in costs for wildfire mitigation measures. The maximum total credit in a taxable year is $625.. | Passed

HB22-1011 | Wildfire Mitigation Incentives For Local Governments | Concerning the establishment of a state grant program that provides funding to local governments that dedicate resources for wildfire mitigation purposes. | Sponsors: Reps Cutter/Snyder, Sens Story/Lee | SUMMARY: Wildfire Matters Review Committee. The bill establishes the wildfire mitigation incentives for local government grant program (grant program) in the Colorado state forest service (forest service). The grant program is established to provide state funding assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source that is or to expand existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level. Such wildfire mitigation efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service.

The grant program is administered by the forest service.

On or before March 1, 2023, the forest service is required to adopt polices, procedures, and guidelines for the grant program that include, without limitation:

• Procedures and timelines by which an eligible recipient may apply for a grant;
• Criteria for determining grant eligibility and grant amounts; and
• Reporting requirements for grant recipients.

Any funding awarded under the grant program must match either revenues raised by the local government from a dedicated revenue source that is or supplement existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service.A local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health.

In allocating funding under the grant program, preference will be given to certain eligible recipients based on prioritization factors enumerated in the bill.

Eligible recipients may apply for funding from the grant program, and the recipient’s application for funding may be approved by the forest service, before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded.

The bill creates the wildfire mitigation incentives local government grant program fund (fund) in the state treasury.On July 1, 2022, the state treasurer is required to transfer $10 million from the general fund to the fund. The forest service is to use the money transferred to fund awards under the grant program less the administrative costs of the forest service in administering the grant program.

On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service is required to publish a report summarizing the use of all of the money that was awarded under the grant program in the preceding fiscal year. The bill specifies additional required components of the report. The report must be posted on the website of the forest service. The bill requires the Colorado department of higher education to summarize the information contained in the report in its “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” hearings.

The bill requires the forest service to prepare educational materials concerning the grant program and to display such materials on its official website. In addition, the forest service is also required to undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program.

The grant program is repealed, effective September 1, 2025. Before its repeal, the department of regulatory agencies is required to review the grant program as part of the general assembly’s review of regulatory agencies and functions for repeal, continuation, or reestablishment. | Passed

HB22-1012 | Wildfire Mitigation And Recovery | Concerning healthy forests, and, in connection therewith, creating the wildfire mitigation and recovery grant program. | Sponsors: Reps Cutter/D Valdez, Sens Ginal/Lee | Wildfire Matters Review Committee. Section 1 of the bill creates the wildfire mitigation and recovery grant program (grant program) in the Colorado state forest service (forest service) to provide grants to help counties with forested areas prevent and recover from wildfire incidents and ensure that such efforts are undertaken in a manner that reduces the amount of carbon that enters the atmosphere. In expending grant money, a county, to the extent practicable, shall ensure that biomass that is removed from forests is recycled or disposed of in a manner that reduces the amount of carbon that enters the atmosphere.The forest service shall administer the grant program and, subject to available appropriations, award grants out of money annually appropriated to the forest service for the grant program. The forest service shall review grant applications in consultation with the division of fire prevention and control in the department of public safety and with the Colorado forest health council in the department of natural resources.The grant program is repealed, effective September 1, 2028. Before the repeal, the grant program is scheduled for a sunset review by the department of regulatory agencies. Section 2 schedules this review.Section 1 of the bill requires the state forest service, on and after September 1, 2022, to develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

• Ecosystems by county and forest cover type; and
• Wood products.

The state forest service must also develop a forest carbon co-benefit framework for project-level forest management practices, including wildfire mitigation. The state forest service must use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service must provide technical expertise to assist industry and landowners with carbon inventories and monitoring. Section 1 also allows money from the existing healthy forests and vibrant communities fund to be used for new purposes, including the new statewide carbon accounting framework.Section 2 appropriates, for the 2022-23 state fiscal year, $95,407 to the healthy forests and vibrant communities fund from the general fund. | Passed

SB22-007 | Increase Wildfire Risk Mitigation Outreach Efforts | Concerning outreach to the public relating to wildfire risk mitigation practices. Sponsors: Sens Lee/Story, Reps Cutter/Snyder. | SUMMARY: Wildfire Matters Review Committee. The bill requires the Colorado state forest service (forest service) to convene a working group (working group) that includes the division of fire prevention and control in the department of public safety (DFPC) and the United States forest service (USFS), and that may include other local, state, or federal partners and entities engaged in wildfire risk mitigation in the wildland-urban interface (WUI).

The working group shall consider how best to conduct enhanced wildfire awareness month outreach campaigns in 2023 and 2024, as well as other outreach efforts that inform and motivate residents in the WUI to engage in more wildfire risk mitigation. The working group’s considerations also include how best to distribute educational resources and information and which methods of outreach are most effective in reaching the targeted audience.

After considering feedback from the working group, and subject to available appropriations, the forest service shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the DFPC and the USFS in 2023 and 2024, as well as other outreach efforts in the 2022-23 and 2023-24 state fiscal years.

In implementing an enhanced wildfire awareness month outreach campaign and other outreach efforts, the forest service may, subject to available appropriations:

• Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;
• Conduct or contract for educational events targeted to residents in the WUI;
• Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts;
• Make enhancements to the forest service’s web-based clearinghouse for technical assistance and funding resources and coordinate with working group partners and other entities to provide links to web-based educational resources and information; and
• Secure necessary staff to implement the outreach efforts.

If necessary to implement the outreach plan, the bill authorizes the general assembly to appropriate money to the division of fire prevention and control in the department of public safety.

The bill requires the state forester to report to the wildfire matters review committee during the 2023 and 2024 legislative interims concerning the outreach efforts implemented pursuant to the bill, including the amount and use of money appropriated for outreach efforts and the impact of those efforts in increasing awareness of wildfire risk mitigation in the WUI.

For the 2022-23 state fiscal year, the bill appropriates $600,473 from the general fund to the healthy forest and vibrant communities fund for use by the Colorado state forest service in implementing the bill. | Passed

SB22-029 | Investment Water Speculation | Concerning water speculation in the state. | Sponsors: Sens Coram/Donovan/Rep McCormick (Bi-p)  | Prohibits a purchaser of agricultural water rights that are represented by shares in a mutual ditch company from engaging in investment water speculation. Yay for protecting our water which hedge funds have been buying up, though farmers/ranchers ought to have the ability to do with their water rights what they will, so this might be a fight. | Laid Over forever Senate Ag/Nat Res