Siegel Long Public Affairs
1410 Grant Street, Suite C107
Denver, Colorado 80203
Phone: 303-863-2400

Carolyn Siegel - Principal
Becky Long - Principal

HB22-1013 Microgrids For Community Resilience Grant Program 
Position: Amend
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Pelton (R) | M. Snyder (D) / D. Hisey (R) | F. Winter (D)
Summary:

The act 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 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 experiencing severe weather or natural disaster events and in which one or more community anchor institutions, which institutions are important community, educational, health care, or other institutions, are located. 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 ability to avoid or remediate 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, including information on the number of grants awarded and the amount of money awarded for each grant;
  • 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 for use by the division 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.
    (Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Date Introduced: 2022-01-12

HB22-1018 Electric And Gas Utility Customer Protections 
Position:
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Kennedy (D) / F. Winter (D) | N. Hinrichsen
Summary:

Section 1 of the act changes the date on which Energy Outreach Colorado disburses to the department of human services (department) a portion of the energy assistance system benefit charges that investor-owned electric and gas utilities collect from January 1, 2022, to March 1, 2023.

Section 2 requires the public utilities commission (commission) to adopt rules prohibiting electric and gas utilities from disconnecting a customer's service:

  • On Fridays, Saturdays, or Sundays;
  • On state or federal holidays;
  • To the greatest extent practicable, after 11:59 a.m. on a Monday through Thursday that is not a holiday;
  • During an emergency or safety event or circumstance, which includes a manmade or natural emergency or a severe weather event that is likely to affect travel, staffing, or work conditions.

Additionally, the commission's rules must require that, under certain circumstances in which a customer makes a request for reconnection of service on a Monday through Friday that is not a holiday, the utility is required to reconnect the customer's service that same day.

Section 3 establishes 3 income standards for determining a household's eligibility for utility assistance as follows:

  • A household income at or below 200% of the federal poverty line;
  • A household income at or below 80% of the area median income; or
  • A household income that meets the income eligibility criteria that the department sets by rule.

Section 3 also clarifies that the commission may approve a year-round utility preference or advantage given to income-eligible customers.


(Note: This summary applies to this bill as enacted.)

Status: 4/21/2022 Governor Signed
Date Introduced: 2022-01-12

HB22-1020 Customer Right To Use Energy 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Woog (R) / B. Kirkmeyer (R)
Summary:

The bill prohibits a state agency, local government, and common interest community from limiting or prohibiting the use of natural gas, propane, solar photovoltaics, micro wind turbines, or small hydroelectric power for electricity generation, cooking, hot water, or space heating in residences, units, or businesses.


(Note: This summary applies to this bill as introduced.)

Status: 2/3/2022 House Committee on Energy & Environment Postpone Indefinitely
Date Introduced: 2022-01-12

HB22-1026 Alternative Transportation Options Tax Credit 
Position: Support
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(12) in house calendar.
Sponsors: S. Bird (D) | D. Woog (R) / C. Hansen (D) | L. Liston (R)
Summary:

The act replaces an existing income tax deduction for expenses incurred by employers when providing alternative transportation options to employees with a refundable income tax credit of 50% of such expenses for such employers, including local government employers, subject to the limitations that the maximum amount spent in any income tax year for which an employer may claim a credit is $250,000 and that the maximum amount spent in any income tax year for any one employee for which an employer may claim a credit is $2,000 dollars.

For purposes of the act, alternative transportation options means free or partially subsidized, generally accepted transportation demand management strategies, including but not limited to ridesharing arrangements, provision of ridesharing vans or low-speed conveyances such as human-powered or electric bicycles, shared micromobility options such as bikesharing and electric scooter sharing programs, carsharing programs, and guaranteed ride home programs. The credit is allowed for income tax years beginning on or after January 1, 2023, but before January 1, 2025.

$93,758 is appropriated from the general fund to the department of revenue for implementation of the act.


(Note: This summary applies to this bill as enacted.)

Status: 6/7/2022 Governor Signed
Date Introduced: 2022-01-12

HB22-1028 Statewide Regulation Of Controlled Intersections 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Gray (D) | E. Hooton (D) / F. Winter (D) | K. Priola (R)
Summary:

An existing statute allows a municipality or county to adopt an ordinance or resolution specifying that a person riding a bicycle, electrical assisted bicycle, or electric scooter may make a safety stop, rather than a full stop, under certain circumstances when approaching an intersection that is controlled by a stop sign or a traffic control signal as follows:

  • When approaching a stop sign, if it is safe to proceed, the person may, after slowing to a reasonable speed of 15 miles per hour or less, or 10 or 20 miles per hour or less if so specified by a municipality or county for a particular intersection and marked with appropriate signage, and yielding the right-of-way to any traffic or pedestrian in or approaching the intersection, continue through the intersection without stopping; and
  • When approaching an illuminated red traffic control signal, the person must first stop at the intersection and yield to all other traffic and pedestrians and then, when safe to do so, may proceed straight or make a right turn through the intersection or, subject to specified conditions, make a left turn onto a one-way street only.

The act amends the statute to make the substantive requirements described above uniform statewide for most persons 15 years of age or older or under 15 years of age and accompanied by an adult who are approaching a controlled intersection and are not operating a motor vehicle; except that the statewide "reasonable speed" is 10 rather than 15 miles per hour or less and the only municipal or county "reasonable speed" variance option is to increase the maximum "reasonable speed" for a particular intersection to 20 miles per hour. Such persons include pedestrians approaching a controlled intersection with a stop sign and operators of low-speed conveyances, as defined in the act, approaching a controlled intersection with a stop sign or a traffic control signal. However, if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed is required to obey the instructions provided by the traffic sign or traffic control signal.

The regulation of persons approaching controlled intersections is declared to be a matter of mixed state and local concern, and the amended statute is thus declared to supersede any conflicting local ordinance or resolution but not to affect the validity of any nonconflicting local ordinance or resolution that regulates the conduct of persons approaching controlled intersections. The act does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or a local ordinance or resolution.

The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, is required to incorporate legal requirements and safe practices for approaching controlled intersections as a pedestrian or while operating a low-speed conveyance into educational materials for persons under the age of 18 and the general public. The division of motor vehicles in the department of revenue is required to include in updates to the "Colorado Driver Handbook" updated information regarding legal requirements and safe practices for approaching controlled intersections that reflect the changes made by the act.


(Note: This summary applies to this bill as enacted.)

Status: 4/13/2022 Governor Signed
Date Introduced: 2022-01-12

HB22-1104 Powerline Trails 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Boesenecker (D) / K. Priola (R) | J. Bridges (D)
Summary:

The act:

  • Allows transmission providers to enter into contracts with public entities or private landowners to construct and maintain public recreational trails (powerline trails) covering a tract of land where transmission lines are or will be constructed (transmission corridor);
  • Requires a public entity to coordinate with the division of parks and wildlife in the design and construction of a powerline trail to minimize adverse impacts to state and federally listed species and species and habitats of conservation concern;
  • Requires a public entity to consider any issues unique to an area of significant rural character prior to constructing a powerline trail in the area;
  • Requires transmission providers to develop and maintain informational resources to encourage the construction of new powerline trails;
  • Requires a transmission provider, when siting or expanding a transmission line, to notify local governments of the potential for a powerline trail in the associated transmission corridor;
  • Requires a transmission provider, when applying for a permit with a local government to develop in an area of state interest, to demonstrate compliance with the requirement to notify local governments of the potential for a powerline trail and to develop and maintain informational resources encouraging construction of new powerline trails;
  • Requires the public utilities commission to amend its rules to also require electric public utilities in the state to consider plans for the construction of new powerline trails and with the requirement to develop and maintain informational resources on powerline trails;
  • Requires the Colorado electric transmission authority (CETA) to arrange for the continuation of any existing powerline trail contracts before entering into a project or divesting a facility; and
  • Requires the CETA to give priority for project solicitations to electric utilities and other entities that demonstrate an interest in continuing or creating a powerline trail.
    (Note: This summary applies to this bill as enacted.)

Status: 4/13/2022 Governor Signed
Date Introduced: 2022-01-20

HB22-1124 Tax Credit For Recycling An Old Vehicle 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Pelton (R) / B. Rankin (R)
Summary:

For income tax years commencing on or after January 1, 2023, but prior to January 1, 2028, the bill allows a $750 income tax credit to any taxpayer that purchases a new motor vehicle (purchaser) and at the same time trades in an old motor vehicle for recycling. The purchase of the new motor vehicle and the trade in for recycling of the old motor vehicle are required to occur through the same licensed motor vehicle dealer. The bill defines a vehicle that is a 2015 model year or newer as a "new motor vehicle" and a vehicle that is a model year 2009 or older as an "old motor vehicle".

The purchaser is required to assign the tax credit to the purchaser's financing entity in a manner specified in the bill, and the financing entity is required to compensate the purchaser for the full nominal value of the tax credit. To complete the tax credit assignment, the purchaser and the financing entity are required to enter into an agreement that identifies the vehicle identification numbers of the old motor vehicle and the new motor vehicle, includes certification from the licensed motor vehicle dealer that the old motor vehicle will be traded for recycling pursuant to current law, and satisfies all other requirements regarding the assignment of the tax credit.

The financing entity is required to electronically submit a report containing the information required in the agreement to the department of revenue (department) in a form and manner to be determined by the department. In addition, the financing entity is required to file the agreement described with the original tax return for the taxable year in which the old motor vehicle is traded in for recycling and a new motor vehicle is purchased.

The licensed motor vehicle dealer that sells the purchaser the new motor vehicle and takes the old motor vehicle for recycling is required to certify, in a form and manner to be determined by the department, that an old motor vehicle that is traded in for recycling for the purpose of claiming the tax credit will be recycled in accordance with current law.

A licensed motor vehicle dealer that provides certification that it will recycle an old motor vehicle but that fails to transfer the vehicle for recycling is subject to a fine.


(Note: This summary applies to this bill as introduced.)

Status: 3/10/2022 House Committee on Finance Postpone Indefinitely
Date Introduced: 2022-01-21

HB22-1138 Reduce Employee Single-occupancy Vehicle Trips 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Gray (D) | L. Herod (D) / F. Winter (D) | C. Hansen (D)
Summary:

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 in single-occupancy vehicles when commuting to and from their work site (clean commuting plan) for the purpose of reducing automobile-related air pollution, traffic congestion, and transportation costs, particularly for essential workers and workers earning under $40,000 per year;
  • Conducts an employer commuter survey to determine how its employees commute to and from their work site; and
  • Offers 2 or more alternative transportation options to some or all of its employees in furtherance of the employer's clean commuting plan.

The amount of the tax credit is 50% of the amount spent by the employer to provide alternative transportation options to some or all of its employees.

In addition, the bill requires the executive director of the department of transportation (director), in coordination with the Colorado energy office and metropolitan planning organizations, to create an annual commuter survey for employers to use to determine how their employees commute to and from their work site. The director and the Colorado energy office are required to determine the content of the commuter survey and the form and manner in which the commuter survey will be completed and returned to the department of transportation.

Beginning in specified calendar years, in an effort to reduce the number of employees who commute to and from their work site in a single-occupancy vehicle, employers with over 100 employees are required to:

  • Annually conduct a commuter survey of its employees and submit the completed commuter surveys to the department of transportation by April 30 of the year in which the survey was conducted;
  • Offer its employees qualified transportation fringe benefits allowed pursuant to federal law;
  • Offer its employees commuter choice information in electronic or hard copy format and update the information every 6 months; and
  • Offer a cash allowance in lieu of a parking space under certain circumstances.

The bill requires that any private sector employer that wishes to claim the tax credit participate in the employer commuter survey and submit the results of the survey to the department by April 30 of the year in which the survey is conducted, even if the employer's participation in the commuter survey is not otherwise required.

For the 2023-24 state fiscal year, and for each state fiscal year thereafter through the 2029-30 state fiscal year, of the money allocated to the transportation commission for state multimodal projects from the multimodal transportation and mitigation options fund, the transportation commission is required to allocate $250,000 to each of the transportation management associations and transportation management organizations operating in a nonattainment area for the purposes of assisting employers in creating a clean commuting plan and complying with the requirements of the bill.


(Note: This summary applies to this bill as introduced.)

Status: 2/28/2022 House Committee on Finance Postpone Indefinitely
Date Introduced: 2022-02-04

HB22-1151 Turf Replacement Program 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: M. Catlin (R) | D. Roberts (D) / J. Bridges (D) | C. Simpson (R)
Summary:

The act requires the Colorado water conservation board (board) to develop a statewide program to provide financial incentives for the voluntary replacement of irrigated turf with water-wise landscaping (turf replacement program). The act defines water-wise landscaping as a water- and plant-management practice that emphasizes using plants with lower water needs. Local governments, certain districts, Native American tribes, and nonprofit organizations with their own turf replacement programs may apply to the board for money to help finance their turf replacement programs. The board will contract with one or more third parties to administer one or more turf replacement programs in areas where local turf replacement programs do not exist.

The state treasurer is required to transfer $2 million from the general fund to the turf replacement fund, which fund is created to finance the turf replacement program. The money is appropriated to the department of natural resources for use by the board to implement the turf replacement program, with $11,400 of the money reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of natural resources.


(Note: This summary applies to this bill as enacted.)

Status: 6/8/2022 Governor Signed
Date Introduced: 2022-02-04

HB22-1218 Resource Efficiency Buildings Electric Vehicles 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: A. Valdez (D) / F. Winter (D) | K. Priola (R)
Summary:

Section 1 of the act relocates existing statutes that require contractors to offer certain resource efficiency options when constructing certain buildings. Section 1 also requires certain new commercial buildings and multifamily residences to include electric vehicle charging as follows:

  • If the building is 25,000 square feet or more or 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:
  • 25% 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
  • 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.

The act 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 the design of a high-occupancy building project on or after August 10, 2022; and
  • The laying out of or construction of a high-occupancy building project on or after August 10, 2022.

Section 3 requires a project to comply with these provisions to obtain a building permit. The state electrical board is required to set standards for waiving the requirement to comply with these provisions for renovations. Local governments that perform inspections may also issue such a waiver.


(Note: This summary applies to this bill as enacted.)

Status: 6/7/2022 Governor Vetoed
Date Introduced: 2022-02-09

HB22-1304 State Grants Investments Local Affordable Housing 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Roberts (D) | M. Bradfield (R) / J. Coleman (D) | J. Gonzales (D)
Summary:

The act creates 2 state grant programs:

  • The local investments in transformational affordable housing grant program (affordable housing grant program), administered by the division of housing (DOH) in the department of local affairs (department); and
  • The infrastructure and strong communities grant program (strong communities grant program), administered by the division of local government (DLG) in the department.

The affordable housing grant program provides grants to local governments and nonprofit organizations to enable such entities to make investments in their communities or regions of the state in transformational affordable housing and housing related matters. The strong communities grant program provides grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.

The strong communities grant program requires a multi-agency group, comprised of DLG, the state energy office, and the department of transportation, with the assistance of stakeholders, to develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.

The act requires both DOH and DLG to develop policies, procedures, and guidelines governing the administration of the respective grant programs. The act specifies how grant funding is to be prioritized and eligible uses of grant money awarded under the grant programs.

The act creates 2 funds in the state treasury: The local investments in transformational affordable housing fund and the infrastructure and strong communities grant program fund. The act specifies requirements pertaining to the administration of these funds.

The affordable housing grant program is initially funded by a transfer to the local investments in transformational affordable housing fund of $138 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund. The strong communities grant program is initially funded by a transfer to the infrastructure and strong communities grant program fund of $40 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund.

Both grant programs are subject to reporting requirements specified in the act, and both grant programs are repealed, effective December 31, 2026.

For the 2022-23 state fiscal year, $431,985 is appropriated from various sources to the governor's office to implement the act.


(Note: This summary applies to this bill as enacted.)

Status: 6/1/2022 Governor Signed
Date Introduced: 2022-03-16

HB22-1362 Building Greenhouse Gas Emissions 
Position: Support
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(4) in house calendar.
Sponsors: T. Bernett (D) | A. Valdez (D) / C. Hansen (D) | F. Winter (D)
Summary:

The act requires the director of the Colorado energy office (office) and the executive director of the department of local affairs to appoint an energy code board (board) that will develop for adoption by counties, municipalities, and state agencies 2 sets of model codes. The director of the office and the executive director of the department shall also appoint an executive committee for the board. The board shall develop a model electric and solar ready code on or before June 1, 2023, and a model low energy and carbon code on or before July 1, 2025. The office shall, independent of the board, identify model green code language for adoption by counties, municipalities, and state agencies.

Every element of either model code adopted by the board must be approved by two-thirds of the board. If two-thirds of the board fail to adopt an element required by statute for either model code, the executive committee must vote on that element. An element of either model code must be approved by the majority of the executive committee to be adopted.

In the event of a conflict between the 2021 international energy conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code, or any other model codes adopted by either a local government or divisions in the executive branch and either the Colorado plumbing code or the national electric code, the Colorado plumbing code or the national electric code prevails.

The act establishes when the office of the state architect, the division of housing, and the division of fire prevention and control must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

  • On or before January 1, 2025, 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 developed by the board; and
  • On or before January 1, 2030, 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 and carbon emissions performance than the model low energy and carbon code developed by the board.

Likewise, the act establishes when municipalities and counties must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

  • 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 developed by the board; and
  • On or after 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 model low energy and carbon code language developed by the board.

However, rather than either the model electric and solar ready code or the model low energy and carbon code, a rural county that applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training is instead required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code.

The act also creates 2 primary grant programs that will be administered by the office:

  • 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 and the purchase of electrical installations and upgrades necessary to support the installation of high-efficiency electric equipment.

The clean air building investments fund, a continuously appropriated cash fund, is established by the act to fund the creation, implementation, and administration of both of these grant programs.

Lastly, the act also requires the following transfers from the general fund:

  • $3 million to the energy fund created for the 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;
  • $150,000 to the energy fund created for the office for the costs associated with administering the board;
  • $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
  • $10,850,000 to the clean air building investments fund for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program.
    (Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Date Introduced: 2022-04-07

SB22-013 Boards And Commissions 
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Fenberg (D) | C. Holbert (R) / A. Garnett (D) | H. McKean (R)
Summary:

The act makes changes related to the requirements for various boards and commissions (boards).

Section 1 of the act includes standard provisions that generally apply to boards for which membership is based in full or in part on representation from the congressional districts of the state. Specifically, unless a statute or constitutional provision creating a board provides otherwise:

  • If a member appointed to represent a district no longer resides in the district due solely to a change in the district's boundaries following redistricting, the member may serve the remainder of their term notwithstanding the nonresidency;
  • If a board increases in size due to the addition of a new congressional district in the state, the appointing authority shall appoint a new member to represent the new district as soon as practicable; and
  • If a board decreases in size due to the loss of a congressional district in the state, the appointing authority shall determine which current member's term should be terminated, or, if the member will be replaced by an at-large or other member, which member should be replaced at the expiration of the member's term. The appointing authority must attempt to ensure that the remaining membership adequately represents the remaining congressional districts.

Section 2 establishes standard provisions that apply to all boards unless the statute or constitutional provision creating a board provides otherwise. The standard provisions include:

  • Requiring an appointing authority to fill a vacancy for the remainder of the unexpired term;
  • Allowing the designee of a state official who is an ex officio member of a board to fulfill the official's duties on the board;
  • Defining the term "minimum majority" to mean the lowest number of members of a board that is more than half;
  • Allowing members to participate in meetings of the board remotely if allowed by a board's policies or bylaws; and
  • Clarifying that only a partial term that is more than half the length of a standard term counts towards any applicable term limit.

Sections 33 and 40 update the statutes that establish the membership of the state board of education and the board of regents of the university of Colorado, respectively, both of which are elected boards created in the state constitution. For the state board of education, section 33 provides for the election of one new member to represent the eighth congressional district and one new member from the state at large at the 2022 general election. For the board of regents, section 40 requires the election of a member to represent the eighth congressional district in place of the election of a member representing the state at large at the 2022 general election.

Sections 37, 42, 52, 60, 73, 85, 86, 90, 101, and 107 amend statutes governing boards for which membership is based on the number of congressional districts in the state. For each board, the total number of members is no longer specified. Instead, each statute provides for the appointment of members from each congressional district in the state plus, as applicable, additional members as is currently provided for each board. Provisions requiring staggering of terms and limits on the number of board members who may be affiliated with a single political party are amended to refer to a "minimum majority" of the board to accommodate any future changes in board membership resulting from changes in the number of Colorado congressional districts.

Section 133 repeals a statute that addressed the impact of redistricting on boards following the 2000 federal decennial census and a statute that adjusted the lengths of terms of members of certain boards in 1987.

The remaining sections of the act make changes to statutory provisions governing various boards with appointed members, including:

  • Repealing deadlines for events or actions that have already occurred;
  • Repealing language setting specific expiration dates or requirements for board members' terms in order to create staggering of the board members' terms and replacing it with a general requirement that terms be staggered;
  • Repealing requirements for notice and hearing before a board member can be removed for cause by an appointing authority;
  • Repealing, for certain boards, the requirement that a board member serve until the board member's successor is confirmed by the senate;
  • Updating archaic language to conform to current drafting standards;
  • Reorganizing sections to clarify requirements related to appointments, qualifications for appointees, and terms of office;
  • Clarifying requirements related to the number of board members that may be affiliated with one political party; and
  • Making conforming amendments.
    (Note: This summary applies to this bill as enacted.)

Status: 2/25/2022 Governor Signed
Date Introduced: 2022-01-12

SB22-016 Modifying Department Of Transportation Governance 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Scott (R)
Summary:

The membership of the transportation commission (commission) currently consists of 11 members appointed by the governor with the consent of the senate from statutorily designated districts. If the bill is approved by the voters of the state at the November 2022 general election, on February 1, 2025, section 2 of the bill will replace the current membership of the commission with 9 members elected at the November 2024 general election, one from each congressional district of the state and one from the state at large. Thereafter, whenever the number of congressional districts in the state is odd, the membership of the commission consists of one member elected from each congressional district of the state, and whenever the number of congressional districts in the state is even, the membership of the commission consists of one member elected from each congressional district of the state and one member elected from the state at large. Commission members' terms are 4 years; except that:

  • The initial terms of the members elected at the 2024 general election from the first, third, fifth, and seventh congressional districts and the initial term of the member elected from the state at large are 2 years; and
  • Whenever congressional redistricting changes the number of congressional districts from even to odd, the term of the member of the commission elected from the state at large who is serving on the effective date of the redistricting ends upon the commencement of the terms of the members of the commission elected at the first general election held after the redistricting occurs.

The governor is required to fill any vacancy that may occur in the commission. An individual appointed to fill a vacancy remains a member of the commission until the next general election and until the individual's successor is elected and duly qualified. On and after February 1, 2025, each member of the commission elected from a congressional district must actually reside in the congressional district that the member represents and any member elected from the state at large must actually reside in the state. If a member elected from a congressional district ceases to reside in the district or a member elected from the state at large ceases to live in the state, the members shall be deemed to have resigned as a member of the commission.

On and after February 1, 2025, section 1 requires the commission to select the executive director of the department of transportation and specifies that the executive director serves at the pleasure of the commission; except that the executive director appointed by the governor with the consent of the senate who is serving as of February 1, 2025, remains the executive director until the commission appoints a successor, which the commission is required to do no later than July 1, 2025.Sections 3 through 10 make conforming amendments to the "Uniform Election Code of 1992" to ensure that candidates for the commission and members of the commission are treated similarly to candidates for and members of the state board of education and the regents of the university of Colorado with respect to membership on party committees, nomination as candidates, resolution of tie vote situations, election contests, and campaign finance disclosure requirements.
(Note: This summary applies to this bill as introduced.)

Status: 2/8/2022 Senate Committee on Transportation & Energy Postpone Indefinitely
Date Introduced: 2022-01-12

SB22-046 Parker Election Inclusion Or Exclusion From RTD Regional Transportation District 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: J. Smallwood (R)
Summary:

The bill allows eligible electors in the town of Parker to elect to have all of the area within the boundaries of the town included in or excluded from the boundaries of the regional transportation district (district). The bill requires that for the election to go forward, 2 separate ballot questions must be presented to the electors, one regarding the town's inclusion in and one regarding the town's exclusion from the district.

The ballot questions may be initiated by petitions signed by at least 5% of the voters, or the governing body of the town of Parker may adopt resolutions to hold elections on the ballot questions. The ballot must include one question allowing the voters to vote for or against the inclusion of the proposed area in the district, and one question allowing voters to vote for or against the exclusion of the proposed area from the district.

If one question is approved by a majority of the eligible electors and the other question is not approved by a majority of eligible electors, the question that was approved takes effect. If both questions are approved by a majority of the eligible electors, only the question that received the greater number of votes in favor of the question takes effect. If neither question is approved by a majority of eligible electors, neither question takes effect and the boundaries of the district remain as they were before the election.

If the voters elect to be excluded from the district, the exclusion takes effect on the earlier of December 31, 2050, or the date on which any district securities that were secured by the specific pledge of proceeds of sales taxes prior to January 1, 2022, are repaid. The district may continue to collect sales and use tax revenues within the boundaries of the district after the voters elect to be excluded and prior to the effective date of the exclusion, so long as the district provides a reasonably proportionate level of service to the town of Parker during that time.


(Note: This summary applies to this bill as introduced.)

Status: 2/1/2022 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Date Introduced: 2022-01-18

SB22-051 Policies To Reduce Emissions From Built Environment 
Position: Amend
Calendar Notification: NOT ON CALENDAR
Sponsors: C. Hansen (D) / E. Sirota (D)
Summary:

For income tax years beginning on or after January 1, 2023, but before January 1, 2025, 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) or a heat pump water heater 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, 2025, 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 purchaser may 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. If the purchaser assigns the credit, the seller must compensate the purchaser for the full nominal value of the tax credit. The act 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, all sales, storage, and use of eligible decarbonizing building materials are exempt from state sales and use tax. "Eligible decarbonizing building materials" are building materials that have a maximum acceptable global warming potential as determined by the office of the state architect (office) and that are on a list of eligible materials maintained by the office. Manufacturers may 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.

Beginning January 1, 2023, all sales, storage, and use of heat pump systems or heat pump water heaters that are used in commercial or residential buildings are exempt from state sales and use tax. 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, all sales, storage, and use of energy storage systems that are used in a residential dwelling are exempt from state sales and use tax.

A statutory town, city, or county may exempt the same items that are exempt from state sales and use tax pursuant to the act only by express inclusion of the exemption in its initial sales tax ordinance or resolution or by amendment thereto.

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.


(Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Date Introduced: 2022-01-18

SB22-063 Property Ownership Fairness Act 
Position: Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: L. Liston (R) / A. Pico (R)
Summary:

The bill enacts the "Property Ownership Fairness Act" (act). The bill entitles a property owner to seek just compensation from a governmental entity that enacts a land use law reducing the right of a property owner to use, divide, sell, or possess their property and reducing the fair market value of the property. The bill sets forth the procedure by which a property owner can demand just compensation and sets forth exceptions where a property owner is not entitled to seek just compensation for a land use law. Additionally, the bill prohibits a governmental entity from enacting a land use law that caps residential building permits issued in a single or multi-year period with the intent of limiting growth or development.
(Note: This summary applies to this bill as introduced.)

Status: 3/1/2022 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Date Introduced: 2022-01-18

SB22-118 Encourage Geothermal Energy Use 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: R. Woodward (R) | N. Hinrichsen / R. Holtorf (R) | D. Valdez (D)
Summary:

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.

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


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 6/3/2022 Governor Signed
Date Introduced: 2022-02-03

SB22-138 Reduce Greenhouse Gas Emissions In Colorado 
Position: Amend
Calendar Notification: Wednesday, May 11 2022
SPECIAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
Sponsors: C. Hansen (D) | K. Priola (R) / A. Valdez (D) | K. McCormick (D)
Summary:

Section 1 of the bill requires that, beginning in 2023, each insurance company issued a certificate of authority to transact insurance business to prepare and file an annual report with the insurance commissioner providing a climate-risk assessment for the insurance company's investment portfolio from the previous 12 months. The commissioner of insurance is required to post the reports on the division of insurance's website. Section 1 defines "climate-risk assessment" as a determination of the economic and business risks that climate change poses to an investment that reports more than $100 million on its annual schedule T filing with the National Association of Insurance Commissioners (NAIC) participate in and complete the NAIC's "Insurer Climate Risk Disclosure Survey" or successor survey or reporting mechanism.Section 2 requires the board of trustees of the public employees' retirement association (PERA board ) to prepare a similar include as part of its annual investment stewardship report, and post it which report is posted on the PERA board's website , a description of climate-related investment risks, impacts, and strategies .Section 3 adds wastewater thermal energy equipment to the definition of "pollution control equipment", which equipment may be certified by the division of administration (division) in the department of public health and environment (CDPHE). Similarly, section 13 adds wastewater thermal energy to the definition of "clean heat resource", which resources a gas distribution utility includes in its clean heat plan filed with the public utilities commission.Section 3 4 updates the statewide greenhouse gas (GHG) emission reduction goals to add a 40% 65% reduction goal for 2028 2035 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels.Section 4 defines a small off-road engine as a gasoline-powered engine of 50 horsepower or less used to fuel small off-road equipment like lawn mowers and leaf blowers. Section 4 phases out the use of small off-road engines by prohibiting their sale in nonattainment areas of the state on or after January 1, 2030, and by providing financial incentives to promote the replacement of small off-road engines with electric-powered, small off-road equipment before 2030.Section 11 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. Section 5 requires the air quality control commission (AQCC), on or before August 1, 2023, to adopt rules to reduce GHG emissions, at a minimum, from sources in the industrial and manufacturing sector that reported GHG emissions greater than 25,000 metric tons from 2020 pursuant to the AQCC rule commonly known as "regulation number 22".Section 6 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG including through the issuance and enforcement of permits if the governor and COGCC have determined that the state has sufficient resources to ensure the safe and effective regulation of the sequestration of GHG gases in accordance with a study that the COGCC conducts . If the governor and COGCC determine there are sufficient resources, the COGCC may seek primacy under the federal "Safe Drinking Water Act" and, once granted, may issue and enforce permits for class VI injection wells. The COGCC shall require, as part of its regulation of class VI injection wells, that operators of the wells provide adequate financial assurance, which financial assurance must be maintained until the COGCC approves the closure of a class VI injection well site.Section 7 8 requires the commissioner of agriculture or the commissioner's designee, in consultation with the Colorado energy office , and the air quality control commission the AQCC, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research , to conduct a study examining carbon reduction and sequestration opportunities in the agricultural sector and in land management in the state, including the potential development of certified carbon offset programs or credit instruments. On or before December 15, 2022 October 1, 2024 , the commissioner of agriculture or the commissioner's designee is required to submit a report summarizing the study, including any legislative recommendations, to the general assembly. The commissioner of agriculture may adopt rules incorporating recommendations and any recommended carbon offsets may be incorporated into the AQCC's rules.

In support of the use of agrivoltaics, which is the colocation integration of solar energy generation facilities on a parcel of land with agricultural activities, section 8 9 authorizes the Colorado agriculture value-added development board (board) to provide financing, including grants or loans, for agricultural research on the use of agrivoltaics. Section 9 directs the state treasurer to transfer $1,800,000 per year through 2027 from the general fund to the agriculture value-added cash fund for implementation of agrivoltaics research. For a research project for which the board awards money to study the use of agrivoltaics, sections 5 and 8 6 and 9 require the director of the division of parks and wildlife to consult on the research project regarding the wildlife impacts of agrivoltaic use.Section 9 10 authorizes the board to seek, accept, and expend gifts, grants, and donations, including donations of in-kind resources such as solar panels, for use in agricultural research projects. Section 9 10 also updates the statutory definition of "agrivoltaics" to list additional agricultural activities on the parcel of land on with which solar panel generation facilities may be colocated integrated , including animal husbandry, cover cropping for soil health, and carbon sequestration.Section 10 11 amends the statutory definition of "solar energy facility" used in determining the valuation of public utilities for property tax purposes to include agrivoltaics.Section 12 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment, which is defined as a lawn mower, leaf blower, or trimmer, for purchases made in income tax years 2023 through 2029. The tax credit may be claimed by a seller of electric-powered, small off-road equipment that demonstrates that it provided the purchaser a 30% discount from the purchase price of the electric-powered, small off-road equipment.Section 14 appropriates for state fiscal year 2022-23:

  • $81,429 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the COGCC for the underground injection program;
  • $145,789 from the general fund to CDPHE for use by the division for regulation of stationary sources; and
  • $2,098,784 from the general fund to the department of agriculture for conservation services.

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


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/9/2022 House Second Reading Special Order - Laid Over Daily - No Amendments
Date Introduced: 2022-02-16

SB22-180 Programs To Reduce Ozone Through Increased Transit 
Position: Support
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.
Sponsors: F. Winter (D) | N. Hinrichsen / M. Gray (D) | J. Bacon (D)
Summary:

The act 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 act transfers $28 million from the general fund to a newly-created ozone season transit grant program fund, and the money is continuously appropriated to the office for 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 act transfers $30 million from the general fund to the state highway fund for the project. The division is required to annually report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026.

The act transfers $10 million dollars from the general fund to the state highway fund for use by the transportation development division for the revitalizing main streets program. In spending the money, the division is required to give priority to programs that improve air quality through increased use of transit.

The act amends statutes governing testing for commercial driver's licenses to allow a test to be conducted by a driving tester who is under contract with a testing unit or a statewide association working with transit agencies in addition to a driving tester who is employed by a testing unit. As soon as practicable after the effective date of the act, the rules promulgated by the department of revenue must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester who is under contract with the testing unit or a statewide association working with transit agencies.


(Note: This summary applies to this bill as enacted.)

Status: 5/26/2022 Governor Signed
Date Introduced: 2022-03-25

SB22-193 Air Quality Improvement Investments 
Position: Support
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Fenberg (D) | J. Gonzales (D) / A. Valdez (D) | M. Froelich (D)
Summary:

Section 1 of the act 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.

Starting in 2025, the office is required to report annually on the progress of the clean air grant program, submit the report to the legislative committees with jurisdiction over energy matters, and post the reports on the office's website.

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 act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the clean air grant program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the clean air grant program.

The clean air grant program is repealed on September 1, 2029.

Section 1 also creates the cannabis resource optimization cash fund, which fund the office is required to administer to provide financial incentives for energy and water use conservation and sustainability practices in cannabis operations. The state treasurer is directed to transfer $1.5 million from the general fund to the cannabis resource optimization cash fund on July 1, 2022.

Section 2 creates the community access to electric bicycles grant program (electric bicycles grant program) through which the office awards grant money to local governments, tribal governments, and nonprofit organizations that administer or plan to administer a bike share program or an ownership program for the provision of electric bicycles in a community. Section 2 also creates the community access to electric bicycles rebate program (rebate program) through which the office provides rebates for purchases of electric bicycles and equipment used for commuting purposes to individuals in low- and moderate-income households, businesses, or nonprofit organizations (program participants) or bicycle shops that sell electric bicycles to program participants at discounted prices.

Starting in 2025, the office is required to report annually on the progress of the electric bicycles grant program and the rebate program, submit copies of the report to the legislative committees with jurisdiction over transportation matters, and post the report on the office's website.

On June 30, 2022, the state treasurer shall transfer $12 million from the general fund to the community access to electric bicycles cash fund (fund), which fund is created in the act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the electric bicycles grant program and the rebate program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the electric bicycles grant program and the rebate program.

The electric bicycles grant program and the rebate program are repealed on September 1, 2028.

Section 3 creates the electrifying school buses grant program (school buses grant program) through which the department of public health and environment (department), with technical assistance from the office, awards grant money to school districts, including schools operated by tribal governments, and charter schools, or nonprofit partners acting on behalf of a school district or charter school, to help finance the procurement and maintenance of electric-powered school buses, the conversion of fossil-fuel-powered school buses to electric-powered school buses, charging infrastructure, and upgrades for electric charging infrastructure and the retirement of fossil-fuel-powered school buses. The department of education is authorized to provide assistance to school districts and charter schools in applying for or implementing a project funded with grant money.

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, energy and environment, 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 (electric school buses fund), which fund is created in the act. The electrifying school buses fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the electrifying school buses fund is continuously appropriated to the department for its administration of the school buses grant program. The department may use up to 8% of the money in the electrifying school buses fund for its administrative costs in implementing the electrifying school buses grant program.

The school buses grant program is repealed on September 1, 2034.

Section 4 updates the definition of "federal act" regarding the reference to the federal "Clean Air Act". Section 4 also updates the definition of "issue" with respect to an order, permit, determination, or notice issued by the division of administration in the department (division), to remove certified mail and add electronic mail as options to issue such order, permit, determination, or notice.

Section 5 clarifies that the statutory fee caps for fees collected by the air quality enterprise apply only to the annual stationary source emission fees. The statutory fee caps are $1 million for state fiscal year 2021-22, $3 million for state fiscal year 2022-23, $4 million for state fiscal year 2023-24, and $5 million on and after July 1, 2024.

Section 6 removes the requirement that the division make the forms on which a person provides details necessary for filing an air pollution emission notice available at all of the air pollution control authority offices.

Section 7 authorizes a person to seek judicial review of the division's failure to grant or deny a renewable operating permit until the division grants or denies the permit and authorizes the division to contract with third parties to perform permit application reviews, air quality monitoring reviews, or other work to support the division's air quality permit programs.

Section 8 extends the time within which the air quality control commission must grant or deny a request for a hearing from within 15 days after the request was made to within 30 days after the request was made and, if granted, requires the commission to set the hearing no later than 90 days after its first regularly scheduled meeting following receipt of the hearing request.

Existing law authorizes the commission to submit any additions or changes to the state implementation plan (SIP) to the administrator of the federal environmental protection agency (administrator) for conditional or temporary approval pending legislative council review of the additions or changes. Section 9 authorizes the commission to submit the changes or additions to the administrator as a provisional submission, pending possible introduction and enactment of a bill to modify or delete all or a portion of the commission's additions or changes to the SIP.

Section 11 appropriates from the general fund:

  • $750,000 to the department of personnel for the costs of issuing free annual eco passes to state employees; and
  • $7,000,000 to the department to finance the aerial surveying of pollutants, $90,725 of which is reappropriated to the office of information technology in the governor's office to provide information technology services to the department.

Section 11 also appropriates $44,365 from the electrifying school buses grant program cash fund to the department of education to provide technical assistance to school districts and charter schools applying for grant money from the school buses grant program and implementing projects awarded grant money.


(Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Date Introduced: 2022-03-30