House Journal, April 23
32 HB21-1266 be amended as follows, and as so amended, be referred to
33 the Committee on Finance with favorable
34 recommendation:
35
36 Amend printed bill, page 2, line 14, strike "effects," and substitute
37 "effects as documented in numerous studies, including the "Toxic Wastes
38 and Race at Twenty, 1987-2007" report by the United Church of Christ
39 Justice & Witness Ministries, federal environmental protection agency
40 annual Environmental Justice Progress Reports, and a 2021 report from
41 the "Mapping for Environmental Justice" project at the Berkeley Public
42 Policy/The Goldman School that shows how the pollution burden is
43 distributed in Colorado,".
44
45 Page 3, after line 8 insert:
46
47 "(I) Federal action to address environmental justice includes the
48 federal environmental protection agency's office of environmental justice,
49 originally established in 1992, and the assignment of EPA regional
42 50 liaisons to minority, Tribal, and low-income communities pursuant to
51 U.S.C. sec. 4370i;
52 (II) States have also addressed environmental justice, with the
53 National Law Review recently noting on October 30, 2020, that "the vast
54 majority of states now address [environmental justice] in some
55 fashion-via legislation, agency policy and guidance, or advisory
1 groups-with fewer than five failing to mention the concept at all";
2 (III) Environmental justice laws that promote outreach to and
3 facilitate feedback from disproportionately impacted communities and
4 require that agencies consider that feedback have been upheld by the
5 courts as a legitimate exercise of legislative authority, such as in Friends
6 of Buckingham v. State Air Pollution Control Bd., 947 F.3d 68 (4th Cir.
7 2020) (vacating the issuance of a permit due to the board's failure to
8 properly consider the permit's environmental justice impacts);".
9
10 Renumber succeeding subparagraphs accordingly.
11
12 Page 11, strike lines 5 through 10 and substitute:
13
14 "(IV) A POTENTIAL REQUIREMENT THAT PERMITS MUST BE ISSUED
15 AND RENEWED ONLY AFTER AN ENVIRONMENTAL EQUITY ANALYSIS
16 DETERMINES THAT THE TERMS AND CONDITIONS OF THE PERMIT OR
17 RENEWAL ARE SUFFICIENT TO ENSURE, TO A REASONABLE CERTAINTY,
18 THAT ANY HARM TO THE HEALTH AND ENVIRONMENT OF
19 DISPROPORTIONATELY IMPACTED COMMUNITIES IS EITHER:
20 (A) AVOIDED; OR
21 (B) MINIMIZED TO THE EXTENT PRACTICABLE AND, TO THE EXTENT
22 ANY HARM REMAINS, IS MITIGATED;".
23
24
House Journal, May 4
23 HB21-1266 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Amend printed bill, page 4, line 11, strike "Definitions." and substitute
28 "Definitions - repeal.".
29
30 Page 5, after line 11 insert:
31
32 "(c) (I) A RULE THAT DEFINES "DISPROPORTIONATELY IMPACTED
33 COMMUNITY" THAT WAS PROMULGATED BEFORE THE EFFECTIVE DATE OF
34 THIS SUBSECTION (2.7) NEED NOT COMPLY WITH THIS SUBSECTION (2.7).
35 (II) THIS SUBSECTION (2.7)(c) IS REPEALED, EFFECTIVE SEPTEMBER
36 1, 2023.".
37
38 Page 8, line 6, strike "NINETEEN" and substitute "TWENTY-THREE".
39
40 Page 9, line 1, strike "EIGHT" and substitute "TWELVE".
41
42 Page 9, line 5, strike "BOTH OF THE FOLLOWING TWO CATEGORIES" and
43 substitute "SUBSECTION (1)(c)(III)(A) OF THIS SECTION AND TWO
44 MEMBERS EACH FROM SUBSECTION (1)(c)(III)(B) OF THIS SECTION:".
45
46 Page 9, strike lines 9 through 12 and substitute:
47
48 "(B) THE FOLLOWING NUMBER OF MEMBERS OF DIFFERENT
49 ORGANIZATIONS THAT: CARRY OUT INITIATIVES RELATING TO
50 ENVIRONMENTAL JUSTICE, THREE MEMBERS; REPRESENT WORKER
51 INTERESTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES, ONE
52 MEMBER; REPRESENT THE INTEREST OF PEOPLE OF COLOR, FOUR MEMBERS;
53 REPRESENT THE RENEWABLE ENERGY INDUSTRY, ONE MEMBER; REPRESENT
54 THE NONRENEWABLE ENERGY INDUSTRY, ONE MEMBER; REPRESENT LOCAL
55 GOVERNMENT IN DISPROPORTIONATELY IMPACTED COMMUNITIES, ONE
1 MEMBER; AND WORK TO SUPPORT PUBLIC HEALTH, ONE MEMBER, WHO
2 MUST BE AN ENVIRONMENTAL TOXICOLOGIST.".
3
House Journal, May 11
42 HB21-1266 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45 Amend printed bill, page 14, before line 4 insert:
46
47 "SECTION 7. Appropriation. (1) For the 2021-22 state fiscal
48 year, $456,090 is appropriated to the department of public health and
49 environment. This appropriation is from the general fund. To implement
50 this act, the department may use this appropriation as follows:
51 (a) $196,032 for use by the air pollution control division for
52 personal services related to stationary sources, which amount is based on
53 an assumption that the division will require an additional 2.7 FTE;
54 (b) $153,718 for use by the air pollution control division for
55 operating costs related to stationary sources; and
1 (c) $106,340 for the purchase of legal services.
2 (2) For the 2021-22 state fiscal year, $106,340 is appropriated to
3 the department of law. This appropriation is from reappropriated funds
4 received from the department of public health and environment under
5 subsection (1)(c) of this section and is based on an assumption that the
6 department of law will require an additional 0.5 FTE. To implement this
7 act, the department of law may use this appropriation to provide legal
8 services for the department of public health and environment.".
9
10 Renumber succeeding section accordingly.
11
12 Page 1, line 102, strike "COMMUNITIES." and substitute "COMMUNITIES,
13 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
14
15
House Journal, May 12
37 Amendment No. 1, Appropriations Report, dated May 11, 2021, and
38 placed in member's bill file; Report also printed in House Journal, May
39 11, 2021.
40
41 Amendment No. 2, Finance Report, dated May 3, 2021, and placed in
42 member's bill file; Report also printed in House Journal, May 4, 2021.
43
44 Amendment No. 3, Energy & Environment Report, dated April 22, 2021,
45 and placed in member's bill file; Report also printed in House Journal,
46 April 23, 2021.
47
48 Amendment No. 4, by Representative Jackson.
49
50 Amend the Finance Committee Report, dated May 3, 2021, page 1, strike
51 lines 1 through 8 and substitute "Amend printed bill, page 4, strike lines
52 9 through 27.
53 Page 5 of the bill, strike lines 1 through 11.
54
55 Renumber succeeding sections accordingly.
1 Page 6 of the bill, line 3, strike "SECTION," and substitute "SECTION AND
2 SECTIONS 25-1-131 AND 25-7-105 (1)(e),".
3
4 Page 6 of the bill, after line 6 insert:
5 "(II) "DISPROPORTIONATELY IMPACTED COMMUNITY" MEANS A
6 COMMUNITY THAT IS IN A CENSUS BLOCK GROUP, AS DETERMINED IN
7 ACCORDANCE WITH THE MOST RECENT UNITED STATES CENSUS, WHERE
8 THE PROPORTION OF HOUSEHOLDS THAT ARE LOW INCOME IS GREATER
9 THAN FORTY PERCENT, THE PROPORTION OF HOUSEHOLDS THAT IDENTIFY
10 AS MINORITY IS GREATER THAN FORTY PERCENT, OR THE PROPORTION OF
11 HOUSEHOLDS THAT ARE HOUSING COST-BURDENED IS GREATER THAN
12 FORTY PERCENT; OR IS ANY OTHER COMMUNITY AS IDENTIFIED OR
13 APPROVED BY A STATE AGENCY, IF: THE COMMUNITY HAS A HISTORY OF
14 ENVIRONMENTAL RACISM PERPETUATED THROUGH REDLINING,
15 ANTI-INDIGENOUS, ANTI-IMMIGRANT, ANTI-HISPANIC, OR ANTI-BLACK
16 LAWS; OR THE COMMUNITY IS ONE WHERE MULTIPLE FACTORS, INCLUDING
17 SOCIOECONOMIC STRESSORS, DISPROPORTIONATE ENVIRONMENTAL
18 BURDENS, VULNERABILITY TO ENVIRONMENTAL DEGRADATION, AND LACK
19 OF PUBLIC PARTICIPATION, MAY ACT CUMULATIVELY TO AFFECT HEALTH
20 AND THE ENVIRONMENT AND CONTRIBUTE TO PERSISTENT DISPARITIES. AS
21 USED IN THIS SUBSECTION (2)(b)(II), "COST-BURDENED" MEANS A
22 HOUSEHOLD THAT SPENDS MORE THAN THIRTY PERCENT OF ITS INCOME ON
23 HOUSING, AND "LOW INCOME" MEANS THE MEDIAN HOUSEHOLD INCOME IS
24 LESS THAN OR EQUAL TO TWO HUNDRED PERCENT OF THE FEDERAL
25 POVERTY GUIDELINE.".
26
27 Renumber succeeding subparagraph accordingly.".".
28
29 Page 2 of the report, after line 7 insert:
30 "Page 12 of the bill, line 9, strike "2-4-401 (2.7);" and substitute
31 "24-4-109 (2)(b)(II);".
32 Page 12 of the bill, line 11, strike "(2)(b)(II);" and substitute
33 "(2)(b)(III);".".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37
Senate Journal, June 7
After consideration on the merits, the Committee recommends that HB21-1266 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, after line 5 insert:
"(2) The general assembly also hereby:
(a) Finds that prompt action is essential for Colorado to meet its
climate goals, given, among other things, the slow turnover of equipment,
vehicles, appliances, and other technologies that burn or release fossil fuels. The
general assembly further recognizes that climate change is a cumulative
emissions problem. This is because long-lived climate pollutants can persist for
centuries in the atmosphere, thus committing us to warming for generations to
come. As we continue to emit greenhouse gases into the atmosphere over the
next decade, and even over the next few years, we will continue to exacerbate
the climate damages we are already seeing and increase the risk of catastrophic
disruption. Therefore, early action to reduce the pollutants that contribute to
climate change, thereby reducing overall atmospheric greenhouse gas
concentrations, is essential. Colorado needs to secure reductions in pollution
over time in amounts that align with the estimated carbon dioxide budgets
identified by the United Nations' intergovernmental panel on climate change
consistent with limiting the average global warming, in comparison to accepted
historical average temperatures, to one and one-half degrees Celsius.
(b) Determines that:
(I) Due to historical systems and practices that intentionally targeted
Black, Latino, Asian American, and Indigenous people, communities of color,
and low-income communities, there continues to be a racial and socioeconomic
inequity in regard to the impacts of climate change and pollution. As
documented in multiple peer-reviewed scientific studies, communities with
predominantly Black, Latino, Asian American, or Indigenous populations suffer
from higher rates of air pollution and damage due to changing and more severe
weather and have been systematically excluded from governance and decision
making. It is therefore the responsibility of the state to include and engage these
communities more fully in policymaking at every level and to ensure that
environmental policy works toward restorative justice and benefitting these
communities. The general assembly recognizes that the key to addressing these
historic wrongs is to rapidly reduce pollution in disproportionately impacted
communities, including from electric power, industrial, and manufacturing
sources.
(II) The public should have a meaningful opportunity to participate in
rule-making proceedings before the air quality control commission. This
requires that members of the public be provided with timely access to
information needed to understand proposed rules and to develop alternative
proposals;
(III) The commission is encouraged to use language that is
understandable to citizens who do not have specialized knowledge of the
matters before the commission; and
(c) Declares that:
(I) Nothing in this act:
(A) Alters the greenhouse gas emission reduction goals previously
established in section 25-7-102 (2)(g), C.R.S., in either amount or timing; or
(B) Detracts from the commission's existing authority to require more
than the minimum greenhouse gas emission reduction goals and deadlines
previously established in section 25-7-102 (2)(g), C.R.S.; and
(II) This act adds to, but does not otherwise alter, the air quality control
commission's authority and obligation to publish and promulgate rules pursuant
to sections 25-7-105, 25-7-102 (2)(g), and 25-7-140.".
Page 8, line 22, strike "TWENTY-THREE" and substitute "TWENTY-SEVEN".
Page 9, line 17, strike "TWELVE" and substitute "SIXTEEN".
Page 9, line 22, strike "TWO" and substitute "THREE".
Page 15, after line 3 insert:
"SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend (1),
(2), and (3) introductory portion as follows:
25-7-114.1. Air pollutant emission notices - rules. (1) (a) No person
shall permit emission of air pollutants from, or construction or alteration of, any
facility, process, or activity except residential structures from which air
pollutants are, or are to be, emitted unless and until an air pollutant emission
notice has been filed with the division with respect to such emission. THE
COMMISSION MAY REQUIRE THAT AIR POLLUTANT EMISSION NOTICES FOR
GREENHOUSE GAS, AS DEFINED IN SECTION 25-7-140 (6), REPORT THE PREVIOUS
CALENDAR YEAR'S EMISSIONS OF GREENHOUSE GAS IN THE FORM OF CARBON
DIOXIDE EQUIVALENT. An air pollutant emission notice shall be IS valid for a
period of NO MORE THAN five years.
(b) WITH REGARD TO THE CHANGES MADE IN 2021 BY HOUSE BILL
21-1266:
(I) NOTHING:
(A) ALTERS THE GREENHOUSE GAS EMISSION REDUCTION GOALS
PREVIOUSLY ESTABLISHED IN SECTION 25-7-102 (2)(g), IN EITHER AMOUNT OR
TIMING; OR
(B) DETRACTS FROM THE AIR QUALITY CONTROL COMMISSION'S
EXISTING AUTHORITY TO REQUIRE MORE THAN THE MINIMUM GREENHOUSE GAS
EMISSION REDUCTION GOALS AND DEADLINES PREVIOUSLY ESTABLISHED IN
SECTION 25-7-102 (2)(g); AND
(II) THE CHANGES ADD TO, BUT DO NOT OTHERWISE ALTER, THE AIR
QUALITY CONTROL COMMISSION'S AUTHORITY AND OBLIGATION TO
PROMULGATE AND PUBLISH RULES PURSUANT TO SECTIONS 25-7-102 (2)(g),
25-7-105, AND 25-7-140.
(2) All sources existing on or before December 31, 1992, shall file an
updated air pollutant emission notice with the division on or before December
31, 1992. In addition, A revised emission notice shall be filed whenever a
significant change in emissions, in processes, or in the facility is anticipated or
has occurred OR AS THE COMMISSION OTHERWISE DETERMINES TO BE
NECESSARY. The revised air pollutant emission notice shall be IS valid for NO
MORE THAN five years or until the underlying permit expires. The commission
shall exempt those sources or categories of sources which THAT it determines
to be of minor significance from the requirement that an air pollutant emission
notice be filed.
(3) The commission shall promulgate a list of air pollutants which THAT
are required to be reported in an air pollutant emission notice. NO LATER THAN
DECEMBER 31, 2022, THE COMMISSION SHALL INCLUDE GREENHOUSE GAS, AS
DEFINED IN SECTION 25-7-140 (6), IN THE LIST OF AIR POLLUTANTS REQUIRED TO
BE REPORTED IN AN AIR POLLUTANT EMISSION NOTICE AND SHALL IDENTIFY THE
CATEGORIES OF SOURCES FOR WHICH AND THE THRESHOLDS BELOW WHICH
GREENHOUSE GAS DOES NOT NEED TO BE REPORTED IN AN AIR POLLUTANT
EMISSION NOTICE. AN AIR POLLUTANT EMISSION NOTICE FOR GREENHOUSE
GASES NEED NOT BE REQUIRED FOR A FACILITY OR ENTITY THAT IS OTHERWISE
EXEMPT FROM REPORTING GREENHOUSE GAS EMISSIONS TO THE DIVISION
PURSUANT TO A RULE ADOPTED BY THE COMMISSION. Prior to the commission's
promulgation of such a list of air pollutants to be reported in an air pollutant
emission notice, sources shall report any emissions of the following which
THAT are in excess of de minimis quantities:
SECTION 7. In Colorado Revised Statutes, 25-7-114.4, add (5) as
follows:
25-7-114.4. Permit applications - contents - rules - definitions.
(5) Provisions for permits for sources that affect disproportionately
impacted communities. (a) Rules. (I) NO LATER THAN JUNE 1, 2023, THE
COMMISSION SHALL ADOPT RULES TO IMPLEMENT THE REQUIREMENTS OF THIS
SUBSECTION (5).
(II) THE COMMISSION MAY SET THRESHOLDS OF AFFECTED POLLUTANTS
BELOW WHICH THE REQUIREMENTS OF THIS SECTION DO NOT APPLY.
(III) IN ADOPTING RULES TO IMPLEMENT THIS SUBSECTION (5), THE
COMMISSION SHALL IDENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES.
(IV) THE COMMISSION SHALL PERIODICALLY, BUT NOT LESS OFTEN
THAN EVERY THREE YEARS, REVISIT ITS IDENTIFICATION OF
DISPROPORTIONATELY IMPACTED COMMUNITIES AND DETERMINATIONS OF
AFFECTED POLLUTANTS.
(b) Applicability and requirements. (I) THE REQUIREMENTS OF THIS
SUBSECTION (5)(b) APPLY TO PERMITS FOR SOURCES OF AFFECTED POLLUTANTS
IN DISPROPORTIONATELY IMPACTED COMMUNITIES.
(II) (A) THE COMMISSION'S RULES MUST PROVIDE FOR ENHANCED
MODELING AND MONITORING REQUIREMENTS FOR NEW AND MODIFIED SOURCES
OF AFFECTED POLLUTANTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES
THAT ARE IDENTIFIED OR APPROVED AT THE TIME OF PERMIT APPLICATION. IN
ADOPTING THE RULES, THE COMMISSION SHALL ALSO CONSIDER REQUIRING
ENHANCED MONITORING FOR EXISTING SOURCES OF AFFECTED POLLUTANTS.
(B) THE COMMISSION'S RULES MUST IDENTIFY THE TYPES OF
MONITORING TECHNOLOGY THAT CAN BE USED BY THE SOURCES OF AFFECTED
POLLUTANTS AND MUST ALLOW FOR THE USE OF ALTERNATIVE METHODS OF
MONITORING AS APPROVED BY THE DIVISION.
(c) Fees. SOURCES OF AFFECTED POLLUTANTS SUBJECT TO THE
REQUIREMENTS OF THIS SUBSECTION (5) SHALL PAY A PROCESSING FEE IN
CONFORMITY WITH SECTION 25-7-114.7 (2)(a)(III) TO COVER THE DIVISION'S
AND COMMISSION'S DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE
REQUIREMENTS OF THIS SECTION. THESE FEES SHALL BE CREDITED TO THE
STATIONARY SOURCES CONTROL FUND IN ACCORDANCE WITH SECTION
25-7-114.7 (2)(b)(I).
(d) Definitions. AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(I) "AFFECTED POLLUTANTS" MEANS THOSE AIR POLLUTANTS AS
DETERMINED BY THE COMMISSION WITH THE POTENTIAL TO CAUSE OR
CONTRIBUTE TO SIGNIFICANT HEALTH OR ENVIRONMENTAL IMPACTS. THE TERM
INCLUDES:
(A) VOLATILE ORGANIC COMPOUNDS;
(B) OXIDES OF NITROGEN;
(C) HAZARDOUS AIR POLLUTANTS AS IDENTIFIED BY THE COMMISSION,
INCLUDING BENZENE, TOLUENE, ETHYLBENZENE AND XYLENE; AND
(D) PARTICULATE MATTER THAT IS TWO AND ONE-HALF MICRONS OR
SMALLER.
(II) "COST-BURDENED" MEANS A HOUSEHOLD THAT SPENDS MORE THAN
THIRTY PERCENT OF ITS INCOME ON HOUSING.
(III) "DISPROPORTIONATELY IMPACTED COMMUNITY" MEANS A
COMMUNITY THAT:
(A) IS IN A CENSUS BLOCK GROUP, AS DETERMINED IN ACCORDANCE
WITH THE MOST RECENT UNITED STATES CENSUS, WHERE THE PROPORTION OF
HOUSEHOLDS THAT ARE LOW INCOME IS GREATER THAN FORTY PERCENT, THE
PROPORTION OF HOUSEHOLDS THAT IDENTIFY AS MINORITY IS GREATER THAN
FORTY PERCENT, OR THE PROPORTION OF HOUSEHOLDS THAT ARE HOUSING
COST-BURDENED IS GREATER THAN FORTY PERCENT; OR
(B) IS ANY OTHER COMMUNITY AS IDENTIFIED OR APPROVED BY A STATE
AGENCY, IF THE COMMUNITY: HAS A HISTORY OF ENVIRONMENTAL RACISM
PERPETUATED THROUGH REDLINING, ANTI-IMMIGRANT, ANTI-BLACK,
ANTI-LATINO, ANTI-ASIAN AMERICAN, OR ANTI-INDIGENOUS LAWS; OR IS ONE
IN WHICH MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS,
DISPROPORTIONATE ENVIRONMENTAL BURDENS, VULNERABILITY TO
ENVIRONMENTAL DEGRADATION, AND LACK OF PUBLIC PARTICIPATION, MAY
ACT CUMULATIVELY TO AFFECT HEALTH AND THE ENVIRONMENT AND
CONTRIBUTE TO PERSISTENT DISPARITIES.
(IV) "LOW INCOME" MEANS THE MEDIAN HOUSEHOLD INCOME IS LESS
THAN OR EQUAL TO TWO HUNDRED PERCENT OF THE FEDERAL POVERTY
GUIDELINE.
(V) "SOURCE OF AFFECTED POLLUTANTS" MEANS A STATIONARY
SOURCE THAT EMITS ANY AFFECTED POLLUTANT IN AN AMOUNT SUCH THAT A
CONSTRUCTION PERMIT IS REQUIRED UNDER COMMISSION RULES.
SECTION 8. In Colorado Revised Statutes, 25-7-114.5, amend
(12.5)(a)(I) introductory portion, (12.5)(a)(I)(C), (12.5)(a)(I)(D), and (12.5)(b);
and add (12.5)(a)(I)(E) as follows:
25-7-114.5. Application review - public participation.
(12.5) (a) (I) Except for sources involved in agricultural, horticultural, or
floricultural production such as farming, seasonal crop drying, animal feeding,
or pesticide application, upon determination by the division that the criteria set
forth in paragraph (b) of this subsection (12.5) SUBSECTION (12.5)(b) OF THIS
SECTION applies to a source that is not required to obtain a renewable operating
permit, the division may reopen such construction permit for the purpose of
imposing any or all of the following additional terms and conditions:
(C) Operating and maintenance requirements; and
(D) Emission control requirements pursuant to section 25-7-109.3; AND
(E) ADDITIONAL MONITORING REQUIREMENTS FOR SOURCES AFFECTING
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(b) With the exception of those sources involved in agricultural,
horticultural, or floricultural production such as farming, seasonal crop drying,
animal feeding, and pesticide application, a source's construction permit may
be reopened for cause for the purposes of paragraph (a) of this subsection (12.5)
SUBSECTION (12.5)(a) OF THIS SECTION only upon a determination by the
division that the location of the source is significant in terms of its proximity
to residential or business areas OR A DISPROPORTIONATELY IMPACTED
COMMUNITY, and one or more of the following criteria apply to the permitted
source:
(I) The control equipment utilized by the source requires an unusually
high degree of maintenance or operational sensitivity when compared to control
equipment in general; or
(II) The design characteristics of the source require an unusually high
degree of maintenance or operational sensitivity when compared to the design
characteristics of all sources in general; or
(III) The application of the control equipment utilized is unique or
untested; or
(IV) The operational variability of the source may impact the
effectiveness of the controls; or
(V) The emissions from the source will threaten public health, as
determined pursuant to section 25-7-109.3; OR
(VI) THE EMISSIONS FROM THE SOURCE WILL AFFECT A
DISPROPORTIONATELY IMPACTED COMMUNITY AS DEFINED IN SECTION
25-7-114.4 (5)(d)(III).
SECTION 9. In Colorado Revised Statutes, 25-7-114.7, amend
(1)(a)(II), (2)(a)(I) introductory portion, (2)(b)(III) introductory portion, and
(2)(b)(III)(G); and add (2)(a)(VII), (2)(b)(III)(I), (2)(b)(III)(J), and (2)(h) as
follows:
25-7-114.7. Emission fees - fund - rules - definition - repeal. (1) As
used in this section, unless the context otherwise requires:
(a) Indirect and direct costs include, but are not limited to:
(II) Implementing and enforcing the terms and conditions of any such
permit OR RULE, not including court costs or other legal costs associated with
any enforcement action;
(2) (a) (I) EXCEPT AS SPECIFIED IN SUBSECTION (2)(a)(VII) OF THIS
SECTION, the commission shall designate by rule those classes of sources of air
pollution that are exempt from the requirement to pay an annual emission fee.
Every owner or operator of an air pollution source not otherwise exempt in
accordance with such commission rules shall pay an annual fee as follows:
(VII) THE COMMISSION SHALL ESTABLISH, BY RULE, A FEE PER TON OF
GREENHOUSE GAS, IN THE FORM OF CARBON DIOXIDE EQUIVALENT, THAT WAS
REPORTED IN THE MOST RECENT AIR POLLUTANT EMISSION NOTICE ON FILE WITH
THE DIVISION IN AN AMOUNT THAT IS SUFFICIENT TO COVER THE INDIRECT AND
DIRECT COSTS REQUIRED TO DEVELOP AND ADMINISTER THE PROGRAMS
ESTABLISHED PURSUANT TO THIS ARTICLE 7 THAT PERTAIN TO EMISSIONS OF
GREENHOUSE GAS. THE COMMISSION MAY SET THRESHOLDS OF REPORTED
GREENHOUSE GAS BELOW WHICH NO SUCH FEE SHALL BE ASSESSED. NO MORE
FREQUENTLY THAN ANNUALLY, THE COMMISSION MAY ADJUST THE FEE FOR
GREENHOUSE GAS BY RULE TO COVER THE INDIRECT AND DIRECT COSTS
REQUIRED TO DEVELOP AND ADMINISTER THE PROGRAMS ESTABLISHED
PURSUANT TO THIS ARTICLE 7 THAT PERTAIN TO EMISSIONS OF GREENHOUSE
GAS.
(b) (III) The division shall expend the portion of the fee revenue
collected pursuant to subsections (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(III), AND
(2)(a)(VII) of this section and section 25-7-114.1 (6)(a) attributable to the
increases authorized in 2020 by Senate Bill 20-204 AND IN 2021 BY HOUSE BILL
21-1266 for the following purposes:
(G) Expanding the division's capacity to quickly respond to and better
understand public health issues that are related to exposure to air toxics, such
as benzene and other volatile organic compounds; and
(I) ENABLING OUTREACH TO AND ENGAGEMENT OF
DISPROPORTIONATELY IMPACTED COMMUNITIES; AND
(J) PAYING FOR THE ENVIRONMENTAL JUSTICE OMBUDSPERSON
CREATED IN SECTION 25-1-132.
(h) WITH REGARD TO THE CHANGES MADE IN 2021 BY HOUSE BILL
21-1266:
(I) NOTHING:
(A) ALTERS THE GREENHOUSE GAS EMISSION REDUCTION GOALS
PREVIOUSLY ESTABLISHED IN SECTION 25-7-102 (2)(g), IN EITHER AMOUNT OR
TIMING; OR
(B) DETRACTS FROM THE AIR QUALITY CONTROL COMMISSION'S
EXISTING AUTHORITY TO REQUIRE MORE THAN THE MINIMUM GREENHOUSE GAS
EMISSION REDUCTION GOALS AND DEADLINES PREVIOUSLY ESTABLISHED IN
SECTION 25-7-102 (2)(g); AND
(II) THE CHANGES ADD TO, BUT DO NOT OTHERWISE ALTER, THE AIR
QUALITY CONTROL COMMISSION'S AUTHORITY AND OBLIGATION TO
PROMULGATE AND PUBLISH RULES PURSUANT TO SECTIONS 25-7-102 (2)(g),
25-7-105, AND 25-7-140.
SECTION 10. In Colorado Revised Statutes, 25-7-115, amend (3)(b)
as follows:
25-7-115. Enforcement. (3) (b) If, after any such conference, a
violation or noncompliance is determined to have occurred, the division shall
issue an order requiring the owner or operator or any other responsible person
to comply, unless the owner or operator demonstrates that such THE violation
occurred during a period of start-up, shutdown, or malfunction and timely
notice was given to the division of such THE condition. Such THE order may
include termination, modification, or revocation and reissuance of the subject
permit, and the assessment of civil penalties in accordance with section
25-7-122, Such AND, IN ADDITION TO CIVIL PENALTIES, A REQUIREMENT TO
PERFORM ONE OR MORE PROJECTS TO MITIGATE VIOLATIONS RELATED TO
EXCESS EMISSIONS. THE order may also require the calculation of a
noncompliance penalty under subsection (5) of this section. Unless enforcement
of its order has been stayed as provided in paragraph (b) of subsection (4)
SUBSECTION (4)(b) of this section, the division may seek enforcement, pursuant
to section 25-7-121 or 25-7-122, of the applicable regulation RULE of the
commission, order issued pursuant to section 25-7-121 or 25-7-122 of OR the
applicable regulation RULE of the commission, order issued pursuant to section
25-7-118, requirement of the state implementation plan, provision of this article
ARTICLE 7, or terms or conditions of a permit required pursuant to this article
ARTICLE 7 in the district court for the district where the affected air pollution
source is located. The court shall issue an appropriate order, which may include
a schedule for compliance by the owner or operator of the source.
SECTION 11. In Colorado Revised Statutes, add 25-1-132 as follows:
25-1-132. Environmental justice - ombudsperson - advisory board
- grant program - definitions - repeal. (1) Environmental justice
ombudsperson. (a) THERE IS HEREBY CREATED IN THE DEPARTMENT THE
POSITION OF AN ENVIRONMENTAL JUSTICE OMBUDSPERSON. THE
OMBUSDSPERSON REPORTS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.
THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT FOR THE
OMBUDSPERSON. THE OMBUDSPERSON OTHERWISE FUNCTIONS INDEPENDENTLY
IN EXERCISING ITS POWERS.
(b) THE GOVERNOR SHALL APPOINT THE OMBUDSPERSON AS SOON AS
PRACTICABLE BUT NO LATER THAN FEBRUARY 1, 2022, AND AS NECESSARY
THEREAFTER TO FILL A VACANCY. PRIOR TO AN APPOINTMENT, THE GOVERNOR
OR THE GOVERNOR'S DESIGNEE SHALL CONSULT WITH, AND MAY RECEIVE
RECOMMENDATIONS FROM, THE ADVISORY BOARD, THE GENERAL ASSEMBLY,
REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED COMMUNITIES, AND
OTHER RELEVANT STAKEHOLDERS REGARDING THE SELECTION OF THE
OMBUDSPERSON.
(c) THE OMBUDSPERSON MUST BE QUALIFIED BY TRAINING OR
EXPERIENCE IN ENVIRONMENTAL JUSTICE, AND SHOULD HAVE BEEN A RESIDENT
OF ONE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES OR HAVE
WORKED TO ADVANCE ENVIRONMENTAL JUSTICE WITHIN DISPROPORTIONATELY
IMPACTED COMMUNITIES.
(d) THE OMBUDSPERSON SHALL:
(I) COLLABORATE WITH THE ADVISORY BOARD ESTABLISHED IN
SUBSECTION (2) OF THIS SECTION, FOR THE PURPOSE OF PROMOTING
ENVIRONMENTAL JUSTICE FOR THE PEOPLE OF COLORADO;
(II) SERVE AS AN ADVOCATE FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES AND AS A LIAISON BETWEEN DISPROPORTIONATELY IMPACTED
COMMUNITIES AND THE DEPARTMENT, INCLUDING WITH RESPECT TO
COMMUNICATIONS REGARDING THE GRANT PROGRAM TO FUND ENVIRONMENTAL
MITIGATION PROJECTS;
(III) WORK TO IMPROVE THE RELATIONSHIPS AND INTERACTIONS
BETWEEN DISPROPORTIONATELY IMPACTED COMMUNITIES AND THE
DEPARTMENT;
(IV) INCREASE THE FLOW OF INFORMATION BETWEEN THE DEPARTMENT
AND DISPROPORTIONATELY IMPACTED COMMUNITIES CONCERNING THE
ENVIRONMENT AND DEPARTMENTAL PROGRAMS USING METHODS OF OUTREACH
THAT INCLUDE, AT A MINIMUM:
(A) DISSEMINATING INFORMATION THROUGH LOCAL SCHOOLS, SOCIAL
MEDIA, LOCAL SOCIAL AND ACTIVITY CLUBS, LIBRARIES, OR OTHER LOCAL
SERVICES; AND
(B) PRIORITIZING IN-PERSON MEETINGS IN COMMUNITIES WITH
POPULATIONS THAT ARE PREDOMINANTLY BLACK, INDIGENOUS, LATINO, OR
ASIAN AMERICANS THAT HAVE A MEDIAN INCOME BELOW THE STATE'S
AVERAGE, OR THAT ARE IN RURAL LOCATIONS;
(V) IDENTIFY WAYS TO ENABLE MEANINGFUL PARTICIPATION BY
DISPROPORTIONATELY IMPACTED COMMUNITIES IN THE DECISION-MAKING
PROCESSES OF THE DEPARTMENT;
(VI) COORDINATE WITH THE OFFICE OF HEALTH EQUITY, CREATED IN
SECTION 25-4-2204;
(VII) MAINTAIN A TELEPHONE NUMBER, WEBSITE, E-MAIL ADDRESS,
AND MAILING ADDRESS FOR THE RECEIPT OF COMPLAINTS AND INQUIRIES FOR
MATTERS PERTAINING TO ENVIRONMENTAL JUSTICE;
(VIII) ESTABLISH PROCEDURES TO ADDRESS COMPLAINTS PERTAINING
TO ENVIRONMENTAL JUSTICE TO THE EXTENT PRACTICABLE;
(IX) CONSULT WITH THE DIVISION OF ADMINISTRATION IN REPORTING
TO THE AIR QUALITY CONTROL COMMISSION, CREATED IN SECTION 25-7-104, ON
EQUITABLE PROGRESS TOWARD THE STATE'S GREENHOUSE GAS REDUCTION
GOALS; AND
(X) SERVE IN AN ADVISORY CAPACITY, AS REQUESTED, TO OTHER STATE
AGENCIES CONDUCTING OUTREACH TO AND ENGAGEMENT OF
DISPROPORTIONATELY IMPACTED COMMUNITIES IN LIGHT OF A PROPOSED
AGENCY ACTION.
(2) Environmental justice advisory board. (a) THERE IS HEREBY
CREATED IN THE DEPARTMENT THE ENVIRONMENTAL JUSTICE ADVISORY BOARD.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2), THE
MEMBERS OF THE ADVISORY BOARD ARE APPOINTED BY THE GOVERNOR. THE
GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS AS SOON AS PRACTICABLE,
BUT NO LATER THAN FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION. AN APPOINTING AUTHORITY MAY REMOVE A MEMBER OF THE
ADVISORY BOARD FOR MALFEASANCE IN OFFICE, FAILURE TO REGULARLY
ATTEND MEETINGS, OR ANY CAUSE THAT RENDERS THE MEMBER UNABLE OR
UNFIT TO DISCHARGE THE MEMBER'S DUTIES.
(c) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING TWELVE
MEMBERS WHO, TO THE EXTENT PRACTICABLE, MUST RESIDE IN DIFFERENT
GEOGRAPHIC AREAS OF THE STATE, REFLECT THE RACIAL AND ETHNIC DIVERSITY
OF THE STATE, AND HAVE EXPERIENCE WITH A RANGE OF ENVIRONMENTAL
ISSUES, INCLUDING AIR POLLUTION, WATER CONTAMINATION, AND PUBLIC
HEALTH IMPACTS:
(I) FOUR VOTING MEMBERS APPOINTED BY THE GOVERNOR, WHO MUST
BE OR HAVE BEEN RESIDENTS OF A DISPROPORTIONATELY IMPACTED
COMMUNITY;
(II) THREE VOTING MEMBERS APPOINTED BY THE GOVERNOR, ONE OF
WHOM MUST BE FROM A NONGOVERNMENTAL ORGANIZATION THAT REPRESENTS
STATEWIDE INTERESTS TO ADVANCE RACIAL JUSTICE, ONE OF WHOM MUST BE
FROM A NONGOVERNMENTAL ORGANIZATION THAT REPRESENTS STATEWIDE
INTERESTS TO ADVANCE ENVIRONMENTAL JUSTICE, AND ONE OF WHOM MUST
REPRESENT WORKER INTERESTS IN DISPROPORTIONATELY IMPACTED
COMMUNITIES;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, OR THE
EXECUTIVE DIRECTOR'S DESIGNEE, AS A NONVOTING MEMBER; AND
(IV) FOUR VOTING MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT.
(d) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(d)(II) OF THIS SECTION,
EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. VOTING MEMBERS MAY
SERVE NO MORE THAN TWO TERMS. THE GOVERNOR SHALL FILL ANY VACANCIES
ON THE ADVISORY BOARD, INCLUDING FOR THE REMAINDER OF ANY UNEXPIRED
TERM. A MEMBER APPOINTED TO FILL A VACANCY MAY SERVE THE REMAINDER
OF THE UNEXPIRED TERM OF THE MEMBER WHOSE VACANCY IS BEING FILLED,
AND THIS REMAINDER COUNTS AS ONE TERM FOR THAT APPOINTEE.
(II) IN ORDER TO ENSURE STAGGERED TERMS OF OFFICE, THE INITIAL
TERM OF TWO MEMBERS APPOINTED BY THE GOVERNOR PURSUANT TO
SUBSECTION (2)(c)(I) OF THIS SECTION, AS SPECIFIED BY THE GOVERNOR, AND
TWO MEMBERS APPOINTED PURSUANT TO SUBSECTION (2)(c)(IV) OF THIS
SECTION AS SPECIFIED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS
TWO YEARS.
(e) (I) EACH VOTING MEMBER OF THE ADVISORY BOARD APPOINTED
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION IS ENTITLED TO RECEIVE A
PER DIEM OF TWO HUNDRED DOLLARS FOR ATTENDANCE AT REGULARLY
SCHEDULED MEETINGS OF THE BOARD DURING THE 2021-22 STATE FISCAL YEAR.
FOR EACH STATE FISCAL YEAR THEREAFTER, THE PER DIEM AMOUNT SHALL BE
ANNUALLY ADJUSTED FOR INFLATION BASED ON THE PERCENTAGE CHANGE IN
THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID
BY ALL URBAN CONSUMERS, OR ITS APPLICABLE SUCCESSOR INDEX. VOTING
MEMBERS OF THE BOARD ARE ALSO ENTITLED TO RECEIVE REIMBURSEMENT FOR
ACTUAL AND NECESSARY EXPENSES INCURRED WHILE PERFORMING OFFICIAL
DUTIES.
(II) THE NONVOTING MEMBER OF THE ADVISORY BOARD MAY NOT
RECEIVE A PER DIEM, BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY
EXPENSES INCURRED WHILE PERFORMING OFFICIAL DUTIES.
(f) THE ADVISORY BOARD SHALL ELECT A CHAIR FROM AMONG ITS
MEMBERS EVERY YEAR. THE ADVISORY BOARD SHALL MEET AT LEAST ONCE
EVERY QUARTER. THE CHAIR MAY SCHEDULE ALL SUCH ADDITIONAL MEETINGS
AS ARE NECESSARY FOR THE ADVISORY BOARD TO COMPLETE ITS DUTIES.
(g) THE ADVISORY BOARD SHALL:
(I) SERVE IN AN ADVISORY CAPACITY TO THE OMBUDSPERSON IN THE
PERFORMANCE OF THE DUTIES OF THE OMBUDSPERSON;
(II) HOLD A PORTION OF ADVISORY BOARD MEETINGS FOR THE
OMBUDSPERSON TO JOINTLY RECEIVE STAKEHOLDER INPUT INTO THE ACTIVITIES
AND PRIORITIES OF THE OMBUDSPERSON;
(III) DEVELOP A PUBLIC COMPLAINT PROCESS RELATED TO THE
PERFORMANCE OF THE OMBUDSPERSON;
(IV) DEVELOP RECOMMENDATIONS TO ADDRESS ANY OTHER MATTERS
RELATING TO ADVERSE ENVIRONMENTAL EFFECTS ON DISPROPORTIONATELY
IMPACTED COMMUNITIES AS REFERRED TO THE ADVISORY BOARD BY THE
GOVERNOR OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT;
(V) DEVELOP POLICIES AS ARE NECESSARY FOR THE CONDUCT OF ITS
AFFAIRS AND ITS MEETINGS, AND POST ALL POLICIES ON ITS WEBSITE, INCLUDING
A CONFLICT OF INTEREST POLICY FOR ITS MEMBERS, WHICH MUST REQUIRE THE
DISCLOSURE OF ANY POTENTIAL FINANCIAL INTEREST OF ANY MEMBER OR
RELATIVE OF ANY MEMBER IN A PROPOSED ENVIRONMENTAL MITIGATION
PROJECT. A BOARD MEMBER WHO HAS A PERSONAL OR FINANCIAL INTEREST IN
AN ENVIRONMENTAL MITIGATION PROJECT UNDER CONSIDERATION SHALL
RECUSE THE BOARD MEMBER FROM ANY VOTE ON THAT PROJECT.
(VI) ADVISE THE DEPARTMENT ON MATTERS TO ENABLE THE
DEPARTMENT TO INTERACT WITH DISPROPORTIONATELY IMPACTED
COMMUNITIES IN THE BEST MANNER POSSIBLE;
(VII) SUPPORT THE IMPLEMENTATION OF A GRANT PROGRAM TO FUND
ENVIRONMENTAL MITIGATION PROJECTS FROM THE COMMUNITY IMPACT CASH
FUND CREATED IN SECTION 25-7-129 IN ACCORDANCE WITH THIS SUBSECTION
(2)(g)(VII) BY PERFORMING THE FOLLOWING DUTIES:
(A) THE ADVISORY BOARD SHALL DEVELOP GUIDELINES FOR A GRANT
PROGRAM TO FUND ENVIRONMENTAL MITIGATION PROJECTS, WITH INPUT FROM
THE DEPARTMENT. THE GUIDELINES MUST INCLUDE: PROCEDURES FOR
APPLICANTS TO SUBMIT APPLICATIONS TO THE BOARD, AND FOR SELECTION OF
ENVIRONMENTAL MITIGATION PROJECTS TO FUND; PROVISIONS TO ENSURE THAT
THE APPLICATIONS ARE CONCISE, STRAIGHTFORWARD, OBJECTIVE, INCLUSIVE,
AND ACCESSIBLE TO ALL INTERESTED PARTIES; A REQUIREMENT THAT THE
APPLICANT DISCLOSE ANY CONFLICT OF INTEREST, SUCH AS A PERSONAL OR
FINANCIAL RELATIONSHIP WITH ANY MEMBER OF THE ADVISORY BOARD; AND
IDENTIFICATION OF ANY INFORMATION NECESSARY TO BE INCLUDED IN AN
APPLICATION TO ENSURE THE ADVISORY BOARD CAN PREPARE THE REPORT
REQUIRED BY SUBSECTION (2)(g)(VII)(C) OF THIS SECTION.
(B) THE ADVISORY BOARD SHALL REVIEW EACH APPLICATION THAT IT
RECEIVES AND MAY AWARD GRANTS, SUBJECT TO APPROPRIATIONS AND
AVAILABLE FUNDING, TO APPLICANTS TO FUND ENVIRONMENTAL MITIGATION
PROJECTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES.
(C) THE ADVISORY BOARD SHALL COMPILE AN ANNUAL REPORT THAT
DETAILS INFORMATION ABOUT THE ENVIRONMENTAL MITIGATION PROJECTS
THAT ARE AWARDED GRANTS, INCLUDING: DETAILS ABOUT THE
DISPROPORTIONATELY IMPACTED COMMUNITY IN WHICH THE PROJECT WILL
TAKE PLACE, INCLUDING INFORMATION ABOUT POLLUTION LEVELS, HEALTH
DISPARITIES, AND DEMOGRAPHICS; THE RELATIONSHIP BETWEEN THE
COMMUNITY, THE PROJECT, AND ANY VIOLATIONS THAT GAVE RISE TO
PENALTIES PAID INTO THE COMMUNITY IMPACT CASH FUND CREATED IN SECTION
25-7-129; THE STATUS OF THE PROJECT, THE ENGAGEMENT BETWEEN THE
PROJECT AND THE COMMUNITY, AND THE REACTION OF THE
DISPROPORTIONATELY IMPACTED COMMUNITY TO THE PROJECT; AND OTHER
DETAILS AS THE ADVISORY BOARD DEEMS APPROPRIATE. THE ANNUAL REPORT
SHALL BE MADE PUBLICLY ACCESSIBLE, INCLUDING ON THE ADVISORY BOARD'S
WEBSITE.
(h) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
BEFORE THE REPEAL, THE ADVISORY BOARD AND ITS FUNCTIONS ARE
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.
(3) Records and meetings. THE ADVISORY BOARD AND THE
OMBUDSPERSON ARE SUBJECT TO ALL THE APPLICABLE REQUIREMENTS OF THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, AND THE
OPEN MEETINGS LAW CONTAINED IN PART 4 OF ARTICLE 6 OF TITLE 24.
(4) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "ADVISORY BOARD" MEANS THE ENVIRONMENTAL JUSTICE
ADVISORY BOARD CREATED IN SUBSECTION (2) OF THIS SECTION.
(b) "ENVIRONMENTAL MITIGATION PROJECT" MEANS ANY PROJECT THAT
AVOIDS, MINIMIZES, MEASURES, OR MITIGATES ADVERSE ENVIRONMENTAL
IMPACTS IN A DISPROPORTIONATELY IMPACTED COMMUNITY, INCLUDING,
WITHOUT LIMITATION, HEALTH EFFECTS, HEALTH DISPARITIES, AND OTHER
ENVIRONMENTAL IMPACTS OR THAT PROMOTES EQUITABLE PARTICIPATION IN
A RULE-MAKING PROCEEDING THAT MAY AFFECT A DISPROPORTIONATELY
IMPACTED COMMUNITY.
(c) "OMBUDSPERSON" MEANS THE ENVIRONMENTAL JUSTICE
OMBUDSPERSON APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
SECTION 12. In Colorado Revised Statutes, amend 25-7-129 as
follows:
25-7-129. Disposition of fines - community impact cash fund -
repeal. (1) THERE IS HEREBY CREATED IN THE STATE TREASURY THE
COMMUNITY IMPACT CASH FUND, REFERRED TO IN THIS SECTION AS THE "FUND".
THE FUND CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO
SUBSECTION (2) OF THIS SECTION, AND ANY OTHER MONEY THAT THE GENERAL
ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF ANY FISCAL YEAR REMAINS IN THE FUND.
(2) (a) All receipts from penalties or fines collected under the
provisions of sections 25-7-115, 25-7-122, and 25-7-123 shall be credited to the
general fund of the state IN THE FOLLOWING MANNER:
(I) FOR STATE FISCAL YEAR 2021-22, TWENTY PERCENT OF THE
RECEIPTS FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR
SHALL BE CREDITED TO THE FUND, AND EIGHTY PERCENT TO THE GENERAL
FUND;
(II) FOR STATE FISCAL YEAR 2022-23, FORTY PERCENT OF THE RECEIPTS
FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR SHALL BE
CREDITED TO THE FUND, AND SIXTY PERCENT TO THE GENERAL FUND;
(III) FOR STATE FISCAL YEAR 2023-24, SIXTY PERCENT OF THE RECEIPTS
FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR SHALL BE
CREDITED TO THE FUND, AND FORTY PERCENT TO THE GENERAL FUND;
(IV) FOR STATE FISCAL YEAR 2024-25, EIGHTY PERCENT OF THE
RECEIPTS FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR
SHALL BE CREDITED TO THE FUND, AND TWENTY PERCENT TO THE GENERAL
FUND; AND
(V) FOR STATE FISCAL YEAR
Senate Journal, June 7
After consideration on the merits, the Committee recommends that HB21-1266 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 15, strike lines 4 through 20 and insert:
"SECTION 6. Appropriation. (1) For the 2021-22 state fiscal year,
$2,550,218 is appropriated to the department of public health and environment.
This appropriation consists of $2,172,376 from the general fund and $377,842
from the community impact cash fund created in section 25-7-129 (1), C.R.S..
To implement this act, the department may use this appropriation as follows:
(a) $1,417,544, which consists of $1,070,172 from the general fund and
$347,372 from the community impact cash fund for use by the air pollution
control division for personal services related to stationary sources, which
amount is based on an assumption that the division will require an additional
20.4 FTE;
(b) $510,353, which consists of $479,882 from the general fund and
$30,470 from the community impact cash fund for use by the air pollution
control division for operating costs related to stationary sources;
(c) $382,680 from the general fund for the purchase of legal services;
and
(d) $239,642 from the general fund for the purchase of information
technology services.
(2) For the 2021-22 state fiscal year, $382,680 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection (1)(c)
of this section and is based on an assumption that the department of law will
require an additional 2.0 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of public
health and environment.
(3) For the 2021-22 state fiscal year, $239,642 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
public health and environment under subsection (1)(d) of this section. To
implement this act, the office may use this appropriation to provide information
technology services for the department of public health and environment.
(4) For the 2021-22 state fiscal year, $146,703 is appropriated to the
office of the governor for use by the Colorado energy office. This appropriation
is from the general fund and is based on an assumption that the office will
require an additional 1.8 FTE. To implement this act, the office may use this
appropriation for program costs.".
Senate Journal, June 7
HB21-1266 by Representative(s) Jackson, Bacon, Benavidez, Caraveo, Cutter, Duran, Exum, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Ortiz, Sirota, Titone, Valdez A., Woodrow; also
Senator(s) Winter and Buckner--Concerning efforts to redress the effects of environmental
injustice on disproportionately impacted communities, and, in connection therewith, making
an appropriation.
Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, June 7, page(s) 1404-1419 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 7, page(s) 1424-1425 and placed in members' bill files.)
Amendment No. 3(L.013), by Senator Winter.
Amend the Finance Committee Report, dated June 7, 2021, page 3, line 26,
strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH AND
PROMULGATE".
Page 8, line 19, strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH
AND PROMULGATE".
Page 22, line 35, after "THE" insert "AIR QUALITY CONTROL".
Page 22, line 39, after "THE" insert "AIR QUALITY CONTROL".
Page 22, lines 40 and 41, strike "PROMULGATE AND PUBLISH" and substitute
"PUBLISH AND PROMULGATE".
Page 24, line 19, strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH
AND PROMULGATE".
Page 25, line 27, after "THE" insert "AIR QUALITY CONTROL".
Page 25, lines 32 and 33, strike "PROMULGATE AND PUBLISH" and substitute
"PUBLISH AND PROMULGATE".
Page 25, line 31, after "THE" insert "AIR QUALITY CONTROL".
Amendment No. 4(L.023), by Senator Winter.
Amend the Finance Committee Report, dated June 7, 2021, page 16, line 20,
strike "SECTION 25-7-102 (1)(e)(XII) AND (1)(e)(XIII)" and substitute
"SUBSECTIONS (1)(e)(XII) AND (1)(e)(XIII) OF THIS SECTION.".
Page 20, line 40, strike "2005" and substitute "2015".
Amendment No. 5(L.025), by Senator Winter.
Amend the Finance Committee Report, dated June 7, 2021, page 17, line 27,
strike "INTENDS TO FILE A CLEAN ENERGY" and "IS REQUIRED TO FILE AN
ELECTRIC RESOURCE".
Page 17, line 36, strike "THAT IS NOT" and substitute "OTHER THAN AN" and
after "INVESTOR-OWNED" insert "UTILITY".
Page 17, line 38, after "PLAN" insert "PURSUANT TO THIS SUBSECTION
(1)(e)(VIII)(J)".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, June 7
HB21-1266 by Representative(s) Jackson, Bacon, Benavidez, Caraveo, Cutter, Duran, Exum, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Ortiz, Sirota, Titone, Valdez A., Woodrow; also
Senator(s) Winter and Buckner--Concerning efforts to redress the effects of environmental
injustice on disproportionately impacted communities, and, in connection therewith, making
an appropriation.
Senator Lundeen moved to amend the report of the Committee of the Whole to show that
the following Senate floor Amendment, (L.021) to HB21-1266, did pass.
Amend the Finance Committee Report, dated June 7, 2021, page 20, line 24,
strike "THIRTY-SIX" and substitute "TWENTY-SIX" and strike "SIXTY" and
substitute "FIFTY".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 13 NO 19 EXCUSED 3 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson N Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis N Rankin Y Zenzinger N
Fenberg N Kirkmeyer E Rodriguez N President N
Fields N Kolker N Scott E