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
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
