House Journal, February 18
5 HB22-1007 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 24, strike "JANUARY 1, 2023," and
10 substitute "JANUARY 1, 2026,".
11
12 Page 5, line 5, strike "JANUARY 1, 2025," and substitute "JANUARY 1,
13 2030.".
14
15

House Journal, March 8
1 HB22-1007 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 7, line 19, strike "DECEMBER 31, 2029." and
6 substitute "JANUARY 1, 2030.".
7
8

House Journal, April 21
13 HB22-1007 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend printed bill, page 2, strike lines 2 through 5 and substitute:
18
19 "SECTION 1. In Colorado Revised Statutes, 24-31-313, amend
20 (10)(a)(I); and add (3)(b.5) and (9.7) as follows:
21 23-31-313. Healthy forests - vibrant communities - funds
22 created - repeal. (3) Definitions. As used in this section, unless the
23 context otherwise requires:
24 (b.5) "DIRECTOR" MEANS THE DIRECTOR OF THE FOREST SERVICE.
25 (9.7) Wildfire mitigation resources and best practices grant
26 program. (a) THERE IS".
27
28 Page 2, strike lines 12 through 16.
29
30 Page 3, strike line 1.
31
32 Page 3, line 2, strike "(3)" and substitute "(b)".
33
34 Page 3, line 11, strike "(4)" and substitute "(c)".
35
36 Page 3, line 17, strike "(5)" and substitute "(d)".
37
38 Page 3, line 23, strike "(6)" and substitute "(e)".
39
40 Page 4, line 2, strike "(7)" and substitute "(f)".
41
42 Page 4, strike lines 9 and 10 and substitute:
43
44 "(g) COMMENCING NO LATER THAN THE FISCAL YEAR THAT BEGINS
45 ON JULY 1, 2023, THE GENERAL ASSEMBLY SHALL ANNUALLY
46 APPROPRIATE MONEY FROM THE GENERAL FUND TO THE HEALTHY FORESTS
47 AND VIBRANT COMMUNITIES FUND, CREATED IN SUBSECTION (10)(a)(I) OF
48 THIS SECTION, TO IMPLEMENT".
49
50 Page 4, line 15, strike "(9)" and substitute "(h)", and strike "SECTION" and
51 substitute "SUBSECTION (9.7)".
52
53
1 Page 4, after line 15 insert:
2
3 "(10) Healthy forests and vibrant communities fund.
4 (a) (I) There is hereby created in the state treasury the healthy forests and
5 vibrant communities fund. The fund consists of all money that may be
6 appropriated OR TRANSFERRED thereto by the general assembly and all
7 private and public money received through gifts, grants, reimbursements,
8 or donations that are transmitted to the state treasurer and credited to the
9 fund. All interest earned from the investment of money in the fund is
10 credited to the fund. The money in the fund is hereby continuously
11 appropriated for the purposes specified in this subsection (10) SECTION
12 and remains available until expended. Any money not expended at the
13 end of the fiscal year shall remain in the fund and shall not be transferred
14 to or revert to the general fund.".
15
16

House Journal, April 21
6 Amendment No. 1, Appropriations Report, dated April 21, 2022, and
7 placed in member's bill file; Report also printed in House Journal,
8 April 21, 2022.
9
10 Amendment No. 2, Finance Report, dated March 7, 2022, and placed in
11 member?s bill file; Report also printed in House Journal, March 8, 2022.
12
13 Amendment No. 3, Energy & Environment Report, dated February 17,
14 2022, and placed in member?s bill file; Report also printed in House
15 Journal, February 18, 2022.
16
17 As amended, ordered engrossed and placed on the Calendar for Third
18 Reading and Final Passage.
19

House Journal, February 18
17 HB22-1011 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend printed bill, page 3, after line 6 insert:
22
23 "(a) "DEDICATED REVENUE SOURCE" MEANS ONE OF THE
24 FOLLOWING REVENUE SOURCES, SINGULARLY OR IN COMBINATION,
25 ADOPTED BY A LOCAL GOVERNMENT THAT IS INTENDED TO BE USED FOR
26 FOREST MANAGEMENT OR WILDFIRE MITIGATION EFFORTS AT THE LOCAL
27 LEVEL:
28 (I) AN EXISTING OR NEW TAX IMPOSED BY THE LOCAL
29 GOVERNMENT;
30 (II) AN EXISTING OR NEW MILL LEVY APPROVED BY THE VOTERS OF
31 THE LOCAL GOVERNMENT; OR
32 (III) APPROVAL BY THE VOTERS OF THE LOCAL GOVERNMENT OF
33 THE RETENTION ON A PERMANENT BASIS OF EXCESS REVENUE OF THE
34 LOCAL GOVERNMENT IN ACCORDANCE WITH SECTION 20 (7) (d) OF ARTICLE
35 X OF THE STATE CONSTITUTION.".
36
37 Reletter succeeding paragraphs accordingly.
38
39 Page 3, strike lines 17 and 18 and substitute:
40
41 "(f) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY, WHETHER
42 HOME RULE OR STATUTORY, COUNTY, CITY AND COUNTY, SPECIAL
43 DISTRICT, SCHOOL DISTRICT, DISTRICT, AUTHORITY, PUBLIC OR
44 QUASI-PUBLIC CORPORATION, OR ANY OTHER FORM OF POLITICAL
45 SUBDIVISION OF THE STATE ORGANIZED PURSUANT TO LAW.".
46
47 Page 3, line 23, before "MATCH" insert "EITHER".
48
49 Page 3, strike line 24 and substitute "REVENUE SOURCE OR TO EXPAND
50 EXISTING PROGRAMS ADMINISTERED BY THE LOCAL GOVERNMENT ON A
51 LONG-TERM BASIS, WHICH EFFORTS AT THE LOCAL LEVEL ARE INTENDED
52 TO BE USED FOR FOREST".
53
54 Page 4, line 23, before "MATCH" insert "EITHER".
55
1 Page 4, strike line 25 and substitute "REVENUE SOURCE OR TO
2 SUPPLEMENT LONG-TERM PROGRAMS ADMINISTERED BY THE LOCAL
3 GOVERNMENT, WHICH EFFORTS ARE INTENDED TO BE USED FOR FOREST".
4
5 Page 5, after line 1 insert:
6
7 "(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
8 A LOCAL GOVERNMENT IS ELIGIBLE FOR FUNDING UNDER THE GRANT
9 PROGRAM EVEN IN THE ABSENCE OF A DEDICATED REVENUE SOURCE IF THE
10 LOCAL GOVERNMENT HAS CREATED AND ADMINISTERS AN EXISTING
11 PROGRAM, PROJECT, OR FUNDING MECHANISM THAT CREATES LONG-TERM
12 FUNDING AT THE LOCAL LEVEL FOR WILDFIRE MITIGATION OR FOREST
13 HEALTH OR HAS CREATED AND ADMINISTERS OTHER CREATIVE AND
14 INNOVATIVE APPROACHES FOR PROMOTING WILDFIRE MITIGATION AND
15 FOREST HEALTH THAT ARE DEEMED SUFFICIENT BY THE FOREST SERVICE
16 IN ITS SOLE DISCRETION.".
17
18 Page 5, line 3, strike "FOLLOWING ELIGIBLE RECIPIENTS:" and substitute
19 "FOLLOWING:".
20
21 Page 5, after line 3 insert:
22
23 "(a) ELIGIBLE RECIPIENTS THAT MAKE AVAILABLE A DEDICATED
24 REVENUE SOURCE FOR WILDFIRE MITIGATION OR FOREST HEALTH;".
25
26 Reletter succeeding paragraphs accordingly.
27
28 Page 5, line 4, strike "RECIPIENTS" and substitute "ELIGIBLE RECIPIENTS".
29
30 Page 5, line 10, strike "RECIPIENTS" and substitute "ELIGIBLE
31 RECIPIENTS".
32
33 Page 5, line 15, strike "EFFORTS; AND" and substitute "EFFORTS;".
34
35 Page 5, line 17, strike "MITIGATION." and substitute "MITIGATION; AND".
36
37 Page 5, after line 17 insert:
38
39 "(g) ELIGIBLE RECIPIENTS THAT HAVE ATTEMPTED
40 UNSUCCESSFULLY TO CREATE A DEDICATED REVENUE SOURCE FOR
41 WILDFIRE MITIGATION OR FOREST HEALTH.".
42
43 Page 6, after line 7 insert:
44
45 "(d) NOTHING IN THIS SECTION PRECLUDES A LOCAL GOVERNMENT
46 FROM USING ALL OR ANY PORTION OF A GRANT AWARDED UNDER THIS
47 SECTION FROM WORKING WITH A COMMUNITY ORGANIZATION, A HOME
48 OWNERS ASSOCIATION, OR A SIMILAR ORGANIZATION OR ENTITY
49 OPERATING AT THE LOCAL LEVEL IN ADMINISTERING A PROJECT
50 SUPPORTED BY THE GRANT PROGRAM.".
51
52 Page 7, line 16, strike "PROGRAM" and substitute "PROGRAM, INCLUDING
53 EXAMPLES OF AND GUIDELINES FOR LONG-TERM INVESTMENTS IN WILDFIRE
54 MITIGATION OR FOREST HEALTH,".
55

House Journal, April 28
1 HB22-1011 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 6, after line 25 insert:
6
7 "(d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
8 TEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND. THE
9 FOREST SERVICE SHALL USE THE MONEY TRANSFERRED PURSUANT TO THIS
10 SUBSECTION (7)(d) IN ACCORDANCE WITH THE REQUIREMENTS OF
11 SUBSECTION (7)(b) OF THIS SECTION.".
12
13 Page 7, after line 20 insert:
14
15 "(10) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
16 BEFORE ITS REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL
17 REVIEW THE GRANT PROGRAM PURSUANT TO SECTION 24-34-104.
18 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
19 (26)(a)(XIV) as follows:
20 24-34-104. General assembly review of regulatory agencies
21 and functions for repeal, continuation, or reestablishment - legislative
22 declaration - repeal. (26) (a) The following agencies, functions, or both,
23 are scheduled for repeal on September 1, 2025:
24 (XIV) THE WILDFIRE MITIGATION INCENTIVES FOR LOCAL
25 GOVERNMENT GRANT PROGRAM CREATED IN SECTION 23-31-318 (2).".
26
27 Renumber succeeding section accordingly.
28
29

House Journal, April 28
31 Amendment No. 1, Appropriations Report, dated April 28, 2022, and
32 placed in member?s bill file; Report also printed in House Journal,
33 April 28, 2022.
34
35 Amendment No. 2, Energy & Environment Report, dated February 17,
36 2022, and placed in member?s bill file; Report also printed in House
37 Journal, February 18, 2022.
38
39 Amendment No. 3, by Representative Cutter:
40
41 Amend the Energy and Environment Committee Report, dated February
42 17, 2022, page 1, line 18, after "CITY AND COUNTY," insert "OR".
43
44 Page 1, strike lines 19 through 21 and substitute "DISTRICT.".
45
46 Page 2, strike lines 18 through 19 and substitute "FOREST HEALTH.".
47
48 As amended, ordered engrossed and placed on the Calendar for Third
49 Reading and Final Passage.
50
51

House Journal, April 29
40 HB22-1011 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend engrossed bill, page 8, strike lines 10 through 14 and substitute:
45
46 "(d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
47 TEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND. THE
48 FOREST SERVICE SHALL USE THE MONEY TRANSFERRED PURSUANT TO THIS
49 SUBSECTION (7)(d) IN ACCORDANCE WITH THE REQUIREMENTS OF
50 SUBSECTION (7)(b) OF THIS SECTION.".
51
52 Page 9, strike lines 11 through 21 and substitute:
53
54
1 "(10) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
2 BEFORE ITS REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL
3 REVIEW THE GRANT PROGRAM PURSUANT TO SECTION 24-34-104.
4 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
5 (26)(a)(XIV) as follows:
6 24-34-104. General assembly review of regulatory agencies
7 and functions for repeal, continuation, or reestablishment - legislative
8 declaration - repeal. (26) (a) The following agencies, functions, or both,
9 are scheduled for repeal on September 1, 2025:
10 (XIV) THE WILDFIRE MITIGATION INCENTIVES FOR LOCAL
11 GOVERNMENT GRANT PROGRAM CREATED IN SECTION 23-31-318 (2).
12 SECTION 3. Appropriation. For the 2022-23 state fiscal year,
13 $20,000,000 is appropriated to the wildfire mitigation incentives for local
14 government grant program fund created in section 23-31-318 (7)(a),
15 C.R.S. This appropriation is from the general fund. The department of
16 higher education is responsible for the accounting related to this
17 appropriation.".
18
19 Renumber succeeding section accordingly.
20
21 Page 1, line 103, strike "PURPOSES." and substitute "PURPOSES, AND, IN
22 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
23
24

House Journal, April 29
50 Amendment No. 1, Appropriations Report, dated April 29, 2022, and
51 placed in member's bill file; Report also printed in House Journal,
52 April 29, 2022.
53
54 Amendment No. 2, by Representative Snyder.
55
1 Amend the Corrected Appropriations Committee Report, dated April 29,
2 2022, page 1, line 18, strike "(2)" and substitute "(2).".
3
4 Page 1 of the Committee report, strike lines 19 through 24.
5
6 Page 2 of the Committee Report, strike lines 1 through 3.
7
8 As amended, ordered engrossed and placed on the Calendar for Third
9 Reading and Final Passage.
10

Senate Journal, May 9
HB22-1011 by Representative(s) Cutter and Snyder; also Senator(s) Story and Lee, Ginal--Concerning
the establishment of a state grant program that provides funding to local governments that
dedicate resources for wildfire mitigation purposes.

A majority of the those elected to the Senate having voted in the affirmative, Senator Story
was given permission to offer a Third Reading amendment.


Amend revised bill, page 9, strike lines 22 through 27 and substitute:

"SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".

Page 10, strike lines 1 through 3.

The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken
with the following result:


YES 30 NO 5 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood N
Coleman Y Hansen Y Lundeen N Sonnenberg N
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer N Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

House Journal, February 18
1 HB22-1012 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 2, strike lines 2 through 18 and substitute:
6
7 "SECTION 1. In Colorado Revised Statutes, 23-31-310, amend
8 (1.5)(c) and (4)(b)(III); and add (4)(b)(V), (4)(b)(VI), and (8.3)(a)(III)(C)
9 as follows:
10 23-31-310. Forest restoration and wildfire risk mitigation
11 grant program - technical advisory panel - legislative declaration -
12 definitions - repeal. (1.5) Legislative declaration. The general
13 assembly hereby:
14 (c) Declares that it intends to provide aid and guidance for
15 catastrophic wildfire risk mitigation and forest health improvements by
16 authorizing a competitive grant program to:
17 (I) Assist with funding community-level actions across the entire
18 state that are implemented to protect populations and property in the
19 wildland-urban interface; and to
20 (II) Promote forest health and the utilization of woody material,
21 including traditional forest products and biomass energy;
22 (III) HELP COMMUNITIES WITH FORESTED AREAS PREVENT AND
23 RECOVER FROM WILDFIRE INCIDENTS BY REMOVING DEAD TREES AND
24 OTHER POTENTIAL FUEL AS WELL AS DEBRIS THAT HAS RESULTED FROM AN
25 INCIDENT OF WILDFIRE OR INSECT INFESTATION; AND
26 (IV) ENSURE THAT EFFORTS DESCRIBED IN SUBSECTION
27 (1.5)(c)(III) OF THIS SECTION ARE UNDERTAKEN IN A MANNER THAT
28 MINIMIZES THE AMOUNT OF CARBON THAT ENTERS THE ATMOSPHERE.
29 (4) Eligibility requirements. To be eligible to receive funding
30 under this section, a project must:
31 (b) Address one or more of the following objectives for the
32 purpose of protecting water supplies:
33 (III) Replanting NATIVE trees in deforested areas if such areas
34 exist in the proposed project area; and
35 (V) REDUCING POST-FIRE SOIL EROSION THROUGH THE USE OF
36 AERIAL MULCHING, SEEDING WITH NATIVE SEED MIXES, AND RELATED
37 ACTIONS; OR
38 (VI) PROMOTING THE RECOVERY OF FORESTED LANDS FROM
39 WILDFIRE INCIDENTS BY REMOVING DEAD TREES IN AREAS WITH SAFETY
40 CONCERNS ARISING FROM THE AREAS' PROXIMITY TO COMMUNITIES,
41 ROADS, TRAILS, OR STRUCTURES.
42 (8.3) Grant program. (a) The forest service shall develop and
43 administer the program in consultation with the technical advisory panel
44 created in subsection (5) of this section. In developing the program, the
45 forest service shall:
46 (III) Require a grant applicant to demonstrate that:
47 (C) FOR A PROPOSED PROJECT TO REMOVE DEAD TREES NEAR
48 COMMUNITIES, ROADS, TRAILS, OR STRUCTURES PURSUANT TO SUBSECTION
49 (4)(b)(VI) OF THIS SECTION, AREAS OF SALVAGE AND EXCLUSIONS FROM
50 SALVAGE ARE IDENTIFIED BASED ON ECOLOGICAL DATA, TAKING INTO
51 ACCOUNT SITE-SPECIFIC FEATURES, AND GUIDELINES FOR THE
52 PRESERVATION OF KEY BIODIVERSITY ATTRIBUTES ARE CREATED THAT
53 ENSURE ADEQUATE RIPARIAN BUFFERS AND MITIGATE SOIL AND FOREST
54 RECOVERY DISTURBANCES FROM THE TREE REMOVAL PROCESS.".
55
1 Strike pages 3 through 5.
2
3 Page 6, strike lines 1 through 9.
4
5 Renumber succeeding section accordingly.
6
7 Page 1, strike lines 101 through 103 and substitute "CONCERNING
8 HEALTHY FORESTS.".
9
10

House Journal, April 22
11 HB22-1012 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Strike the Energy and Environment Committee Report, dated February
16 17, 2022, and substitute:
17
18 "Amend printed bill, strike everything below the enacting clause and
19 substitute:
20 "SECTION 1. In Colorado Revised Statutes, 23-31-313, amend
21 (10)(a)(I); and add (9.5) as follows:
22 23-31-313. Healthy forests - vibrant communities - funds
23 created - repeal. (9.5) Carbon accounting framework. (a) ON AND
24 AFTER SEPTEMBER 1, 2022, THE STATE FOREST SERVICE SHALL DEVELOP
25 A PUBLICLY ACCESSIBLE STATEWIDE CARBON ACCOUNTING FRAMEWORK
26 THAT YIELDS CARBON STOCK AND FLUX ESTIMATES FOR:
27 (I) ECOSYSTEMS BY COUNTY AND FOREST COVER TYPE; AND
28 (II) WOOD PRODUCTS.
29 (b) THE STATE FOREST SERVICE SHALL ALSO DEVELOP A FOREST
30 CARBON CO-BENEFIT FRAMEWORK FOR PROJECT-LEVEL FOREST
31 MANAGEMENT PRACTICES, INCLUDING WILDFIRE MITIGATION. THE STATE
32 FOREST SERVICE SHALL USE THIS FRAMEWORK TO TRAIN PRACTITIONERS
33 IN ADAPTIVE MANAGEMENT PRACTICES TO BE INCORPORATED INTO
34 CURRENT FOREST MANAGEMENT PRACTICES, INCLUDING WILDFIRE
35 MITIGATION. THE STATE FOREST SERVICE SHALL PROVIDE TECHNICAL
36 EXPERTISE TO ASSIST INDUSTRY AND LANDOWNERS WITH CARBON
37 INVENTORIES AND MONITORING.
38 (c) AS USED IN THIS SUBSECTION (9.5), UNLESS THE CONTEXT
39 OTHERWISE REQUIRES:
40 (I) "CARBON ACCOUNTING FRAMEWORK" MEANS A MODEL THAT
41 USES DATA FROM THE FOREST INVENTORY AND ANALYSIS PROGRAM OF
42 THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FOREST SERVICE TO
43 DEVELOP TABULAR DATA OF CARBON FLUX AND STOCK ESTIMATES FOR
44 ALL FOREST TYPES AND WOOD PRODUCTS IN THE STATE OF COLORADO.
45 (II) "FOREST CARBON CO-BENEFIT FRAMEWORK" MEANS A
46 FRAMEWORK THAT LINKS GOALS, STRATEGIES, AND APPROACHES IN THE
47 2020 COLORADO FOREST ACTION PLAN TO FOREST MANAGEMENT AND
48 WILDFIRE RISK MITIGATION PRACTICES THAT SERVE TO IMPROVE CARBON
49 SEQUESTRATION.
50 (10) Healthy forests and vibrant communities fund.
51 (a) (I) There is hereby created in the state treasury the healthy forests and
52 vibrant communities fund. The fund consists of all money that may be
53 appropriated thereto by the general assembly and all private and public
54 money received through gifts, grants, reimbursements, or donations that
55 are transmitted to the state treasurer and credited to the fund. All interest
1 earned from the investment of money in the fund is credited to the fund.
2 The money in the fund is hereby continuously appropriated for the
3 purposes specified in this subsection (10) SECTION and remains available
4 until expended. Any money not expended at the end of the fiscal year
5 shall remain in the fund and shall not be transferred to or revert to the
6 general fund.
7 SECTION 2. Appropriation. For the 2022-23 state fiscal year,
8 $95,407 is appropriated to the healthy forests and vibrant communities
9 fund created in section 23-1-313 (10)(a)(I), C.R.S. This appropriation is
10 from the general fund. The department of higher education is responsible
11 for the accounting related to this appropriation.
12 SECTION 3. Act subject to petition - effective date. This act
13 takes effect at 12:01 a.m. on the day following the expiration of the
14 ninety-day period after final adjournment of the general assembly; except
15 that, if a referendum petition is filed pursuant to section 1 (3) of article V
16 of the state constitution against this act or an item, section, or part of this
17 act within such period, then the act, item, section, or part will not take
18 effect unless approved by the people at the general election to be held in
19 November 2022 and, in such case, will take effect on the date of the
20 official declaration of the vote thereon by the governor.".".
21
22 Page 1, strike lines 101 through 103 and substitute "CONCERNING
23 HEALTHY FORESTS, AND, IN CONNECTION THEREWITH, MAKING AN
24 APPROPRIATION.".
25
26

House Journal, April 22
35 Amendment recommended by Appropriations Report, dated April 22,
36 2022, and placed in member?s bill file; Report also printed in House
37 Journal, April 22, 2022.
38
39 Amendment recommended by Energy & Environment Report, dated
40 February 17, 2022, and placed in member?s bill file; Report also printed
41 in House Journal, February 18, 2022.
42
43 Laid Over until Monday, April 25, 2022.

House Journal, April 26
8 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
9 placed in member?s bill file; Report also printed in House Journal,
10 April 22, 2022.
11
12 Amendment No. 2, Energy & Environment Report, dated February 17,
13 2022, and placed in member?s bill file; Report also printed in House
14 Journal, February 18, 2022.
15
16 On motion of Representative Hanks, the bill was read at length.
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20

House Journal, February 18
14 HB22-1098 be amended as follows, and as so amended, be referred to
15 the Committee on Finance with favorable
16 recommendation:
17
18 Amend printed bill, page 3, strike line 2 and substitute "certification,
19 registration.".
20
21 Page 3, line 3, strike "history." and strike "FEBRUARY" and substitute
22 "JUNE".
23
24 Page 3, line 8, strike "THE" and substitute "ON OR BEFORE JULY 1, 2023,
25 THE".
26
27 Page 3, line 17, strike "AND".
28
29 Page 3, after line 17 insert:
30 "(c) RECOMMENDATIONS FOR SOLUTIONS TO ANY BARRIERS,
31 INCLUDING A PROCESS TO ADVISE INDIVIDUALS AS TO WHETHER AN
32 INDIVIDUAL WOULD QUALIFY FOR LICENSURE, CERTIFICATION, OR
33 REGISTRATION BASED ON THE INDIVIDUAL'S CRIMINAL HISTORY RECORD IF
34 THE INDIVIDUAL MEETS ALL OTHER REQUIREMENTS FOR LICENSURE,
35 CERTIFICATION, OR REGISTRATION AT THE TIME OF THE INDIVIDUAL'S
36 APPLICATION; AND".
37
38 Reletter succeeding paragraph accordingly.
39
40 Page 3, strike lines 23 through 27.
41
42 Page 4, strike lines 1 through 3 and substitute "CONSISTENT WITH SECTION
43 24-4-105 (4).".
44
45 Page 4, strike lines 6 through 9 and substitute "THE REGULATOR SHALL
46 DOCUMENT THE GROUNDS FOR DENIAL AND SUBMIT THE GROUNDS IN
47 WRITING TO THE APPLICANT.".
48
49 Page 4, line 10, strike "GRANT"and substitute "GRANT, CONSISTENT WITH
50 SECTION 24-34-107 (5),".
51
52 Page 4, strike lines 12 through 26 and substitute "HISTORY RECORD.".
53
54 Page 4, line 27, before "INFORMATION" insert "AGGREGATE".
55
1 Page 5, lines 5 and 6, strike "(7), (8), and (9)" and substitute "(7) and (8)".
2
3 Page 5, line 20, strike "SECTION WITHIN" and substitute "SECTION,
4 CONSISTENT WITH SECTION 24-4-104.".
5
6 Page 5, strike lines 21 and 22.
7
8 Page 6, strike line 2 and substitute "CREDENTIAL IN ACCORDANCE WITH
9 SECTION 24-4-106.".
10
11 Page 6, strike lines 3 through 17.
12
13

House Journal, March 11
1 HB22-1098 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 7, after line 11 insert:
6
7 "SECTION 4. Appropriation. For the 2022-23 state fiscal year,
8 $11,036 is appropriated to the department of regulatory agencies for use
9 by the division of professions and occupations. This appropriation is from
10 the division of professions and occupations cash fund created in section
11 12-20-105 (3), C.R.S., and is based on an assumption that the division
12 will require an additional 0.2 FTE. To implement this act, the division
13 may use this appropriation for personal services.".
14
15 Renumber succeeding section accordingly.
16
17 Page 1, line 103, strike "RECORD." and substitute "RECORD, AND, IN
18 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
19
20

House Journal, March 15
15 Amendment No. 1, by Appropriations Report, dated March 11, 2022, and
16 placed in member?s bill file; Report also printed in House Journal,
17 March 11, 2022.
18
19 Amendment No. 2, Business Affairs & Labor Report, dated February 17,
20 2022, and placed in member?s bill file; Report also printed in House
21 Journal, February 18, 2022.
22
23 As amended, ordered engrossed and placed on the Calendar for Third
24 Reading and Final Passage.
25

House Journal, February 17
29 HB22-1104 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 5 strike lines 7 through 10.
34
35 Renumber succeeding subsections accordingly.
36
37 Page 5, strike lines 22 and 23 and substitute "MUNICIPALLY OWNED
38 UTILITY, A POWER AUTHORITY ESTABLISHED PURSUANT TO SECTION
39 29-1-204 (1), OR A COOPERATIVE ELECTRIC ASSOCIATION, AS DEFINED IN
40 SECTION 40-9.5-102 (1), THAT HAS VOTED TO EXEMPT ITSELF FROM THE
41 "PUBLIC UTILITIES LAW", ARTICLES 1 TO 7 OF TITLE 40, PURSUANT TO
42 SECTION 40-9.5-103.".
43
44 Page 5, line 25, strike "resources." and substitute "resources -
45 coordination with division of parks and wildlife.".
46
47 Page 6, strike lines 4 through 27.
48
49 Strike page 7.
50
51 Page 8, strike lines 1 through 5.
52
53 Renumber succeeding subsections accordingly.
54
55 Page 8, line 15, after "REQUIREMENTS;" add "AND".
56
1 Page 8, strike line 16.
2
3 Reletter succeeding subparagraph accordingly.
4
5 Page 8, after line 26 insert:
6
7 "(3) IN THE DESIGN AND CONSTRUCTION OF A POWERLINE TRAIL,
8 A PUBLIC ENTITY SHALL CONSULT AND COORDINATE WITH THE DIVISION
9 OF PARKS AND WILDLIFE TO MINIMIZE ADVERSE IMPACTS TO:
10 (a) STATE AND FEDERALLY LISTED SPECIES; AND
11 (b) SPECIES AND HABITATS OF CONSERVATION CONCERN.".
12
13 Renumber succeeding subsection accordingly.
14
15 Page 9, strike line 6 and substitute "TITLE 24;
16 (c) REQUIRES A TRANSMISSION PROVIDER TO ALLOW A POWERLINE
17 TRAIL OR ANY OTHER FACILITY ON ITS TRANSMISSION CORRIDOR;
18 (d) REQUIRES A PUBLIC OR PRIVATE LANDOWNER WHOSE
19 PROPERTY IS ADJACENT TO OR INCLUSIVE OF A TRANSMISSION CORRIDOR
20 TO ALLOW PUBLIC ACCESS TO ANY PORTION OF THE LANDOWNER'S
21 PROPERTY;
22 (e) LIMITS THE PROTECTIONS PROVIDED TO TRANSMISSION
23 PROVIDERS UNDER SECTION 29-7.5-105; AND".
24
25 Reletter succeeding paragraph accordingly.
26
27 Page 9, line 16, strike "(12)" and substitute "(11)".
28
29 Page 9, line 19, strike "(4)" and substitute "(3)".
30
31 Page 10, line 15, strike "(11)" and substitute "(10)".
32
33 Page 10, line 17, strike "(12)" and substitute "(11)".
34
35 Page 10, line 19, strike "SITE OR EXPAND A" and substitute "SITE A NEW
36 TRANSMISSION LINE OR EXPAND AN EXISTING".
37
38 Page 10, line 24, strike "(4)" and substitute "(3)".
39
40 Page 10, strike lines 26 and 27 and substitute "LOCAL GOVERNMENT OF
41 THE POTENTIAL FOR THE CONSTRUCTION OF A POWERLINE TRAIL UNDER
42 SUBSECTION (6)(a) OF THIS SECTION IF:".
43
44 Page 11, line 25, strike "(4)" and substitute "(3)".
45

House Journal, February 23
24 Amendment No. 1, Transportation & Local Government Report, dated
25 February 16, 2022, and placed in member?s bill file; Report also printed
26 in House Journal, February 17, 2022.
27
28 Amendment No. 2, by Representative Boesenecker.
29
30 Amend the Transportation and Local Government Committee Report,
31 dated February 16, 2022, page 2, line 19, strike ""(3)"." and substitute
32 ""(2)".".
33
34 Page 2, line 25, strike ""(3)"." and substitute ""(2)".".
35
36 Page 2, line 29, strike ""(3)"." and substitute ""(2)".".
37
38 As amended, ordered engrossed and placed on the Calendar for Third
39 Reading and Final Passage.
40

Senate Journal, March 18
HB22-1104 by Representative(s) Boesenecker; also Senator(s) Priola and Bridges--Concerning public
recreational trails in electric transmission corridors of the state, and, in connection
therewith, encouraging transmission providers to enter into written agreements for the
construction and maintenance of powerline trails and requiring transmission providers to
provide informational resources and notify local governments regarding the potential for
powerline trails when planning for the expansion or construction of transmission corridors.

Amendment No. 1(L.006), by Senator Priola.

Amend reengrossed bill, page 7, after line 4 insert:

"(4) PRIOR TO CONSTRUCTING A POWERLINE TRAIL IN AN AREA OF
SIGNIFICANT RURAL CHARACTER, A PUBLIC ENTITY SHALL CONSIDER ANY ISSUES
UNIQUE TO THE AREA, INCLUDING ISSUES RELATED TO:
(a) GRAZING;
(b) WILDLIFE IMPACTS NOT ADDRESSED UNDER SUBSECTION (3) OF THIS
SECTION; AND
(c) THE POTENTIAL LIABILITY OF PUBLIC OR PRIVATE LANDOWNERS
ADJACENT TO OR INCLUSIVE OF A TRANSMISSION CORRIDOR.".

Renumber succeeding subsection accordingly.

Page 7, after line 17 insert:

"(e) MODIFIES EXISTING PROCESSES RELATED TO PERMITS FOR USE OF
PUBLIC LAND FOR GRAZING OR OTHER USES;".

Reletter succeeding paragraphs accordingly.

As amended, ordered revised and placed on the calendar for third reading and final
passage.

House Journal, March 11
48 HB22-1132 be amended as follows, and as so amended, be referred to
49 the Committee on Appropriations with favorable
50 recommendation:
51
52 Amend printed bill, page 2, line 4, strike "prohibition -".
53
54 Page 2, line 5, strike "penalties -".
55
1 Page 2, strike lines 8 and 9 and substitute:
2
3 "(a) "CONTROLLED AGRICULTURAL BURN" HAS THE SAME MEANING
4 AS SET FORTH IN SECTION 24-33.5-1202 (3.3).
5 (b) "CONTROLLED BURN" MEANS A CONTROLLED AGRICULTURAL
6 BURN OR A CONTROLLED DITCH BURN THAT IS INTENTIONALLY STARTED
7 ON PRIVATE PROPERTY.
8 (c) "CONTROLLED DITCH BURN" HAS THE SAME MEANING AS SET
9 FORTH IN SECTION 24-33.5-1202 (3.4).".
10
11 Reletter succeeding paragraphs accordingly.
12
13 Page 2, line 11, strike "LOCAL GOVERNMENT," and substitute "TOWN,
14 CITY, COUNTY, OR CITY AND COUNTY,".
15
16 Page 2, strike lines 16 and 17.
17
18 Page 2, line 25, strike "THE PERSON SHALL PROVIDE SUCH NOTICE".
19
20 Strike page 3.
21
22 Page 4, strike lines 1 through 5 and substitute "THE FIRE DEPARTMENT
23 MAY DETERMINE THAT FIRE DEPARTMENT PERSONNEL MUST BE ON
24 STANDBY AT THE TIME OF THE CONTROLLED BURN FOR IT TO BE
25 CONDUCTED.".
26
27 Page 4, line 6, strike "(6)" and substitute "(4)".
28
29 Page 4, strike line 8 and substitute "LAWS.
30
31 "SECTION 2. In Colorado Revised Statutes, 24-33.5-1207.5,
32 amend (1); and add (3) as follows:
33 24-33.5-1207.5. Fire service education and training fund -
34 created. (1) ALL MONEY TRANSFERRED IN ACCORDANCE WITH
35 SUBSECTION (3)(a) OF THIS SECTION, all moneys MONEY received by the
36 director pursuant to the administration of the fire service education and
37 training programs, and all interest earned on the moneys MONEY shall
38 MUST be deposited in the state treasury in the fire service education and
39 training fund, REFERRED TO IN THIS SECTION AS THE "FUND", which fund
40 is hereby created, and except as otherwise specified in SUBSECTION (3) OF
41 THIS SECTION, the moneys MONEY IN THE FUND shall MUST be used,
42 subject to annual appropriations by the general assembly, for the purposes
43 set forth in this part 12 and shall not be deposited in or transferred to the
44 general fund of the state of Colorado or any other fund.
45 (3) (a) ON THE EFFECTIVE DATE OF THIS SUBSECTION (3), THE
46 STATE TREASURER SHALL TRANSFER SEVEN HUNDRED SIXTY THOUSAND
47 DOLLARS FROM THE GENERAL FUND TO THE FUND. THE DIVISION SHALL
48 USE THE MONEY TRANSFERRED PURSUANT TO THIS SUBSECTION (3)(a) TO
49 PURCHASE A MOBILE DRIVER SIMULATOR UNIT TO BE USED FOR TRAINING
50 PURPOSES CONDUCTED BY THE DIVISION THROUGHOUT THE STATE. THE
51 MOBILE DRIVER SIMULATOR UNIT IS DEDICATED IN THE MEMORY OF
52 CAPTAIN DARCY STALLINGS.
53
1 (b) ON JULY 1, 2023, AND ON EVERY JULY 1 THEREAFTER, THE
2 STATE TREASURER SHALL TRANSFER ONE HUNDRED EIGHTY-FIVE
3 THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND. THE
4 DIVISION SHALL USE THE MONEY TRANSFERRED PURSUANT TO THIS
5 SUBSECTION (3)(b) FOR THE OPERATIONAL COSTS, INCLUDING PERSONNEL
6 COSTS, ASSOCIATED WITH THE USE OF THE MOBILE DRIVER SIMULATOR
7 UNIT.
8 (c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
9 DIVISION FOR THE PURPOSES SPECIFIED IN THIS SUBSECTION (3).".
10
11 Renumber succeeding section accordingly.
12
13

House Journal, April 28
31 HB22-1132 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend the Energy and Environment Committee Report, dated March 10,
36 2022, page 2, strike lines 4 through 34 and substitute:
37
38 ""SECTION 2. In Colorado Revised Statutes, 24-33.5-1231, add
39 (4.5) as follows:
40 24-33.5-1231. Local firefighter safety and disease prevention
41 fund - creation - grants - rules - repeal. (4.5) ON THE EFFECTIVE DATE
42 OF THIS SUBSECTION (4.5), THE STATE TREASURER SHALL TRANSFER ONE
43 HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND.
44 THE DIVISION SHALL USE THIS MONEY TO AWARD NEED-BASED GRANTS TO
45 VOLUNTEER FIRE DEPARTMENTS PURSUANT TO SUBSECTION (2) OF THIS
46 SECTION. THIS SUBSECTION (4.5) IS REPEALED, EFFECTIVE JANUARY 1,
47 2025.".".
48
49

House Journal, April 28
31 Amendment No. 1, Appropriations Report, dated April 28, 2022, and
32 placed in member?s bill file; Report also printed in House Journal,
33 April 28, 2022.
34
35 Amendment No. 2, Energy & Environment Report, dated March 10,
36 2022, and placed in member?s bill file; Report also printed in House
37 Journal, March 11, 2022.
38
39 Amendment No. 3, by Representative Holtorf:
40
41 Amend printed bill, page 2, line 21, strike "LOCATED." and substitute
42 "LOCATED, OR TO THE APPROPRIATE LOCAL ENTITY SUCH AS A COUNTY
43 SHERIFF, EMERGENCY MANAGEMENT SERVICES, OR OTHER INCIDENT
44 COMMAND IF THE PRIVATE PROPERTY IS LOCATED IN AN UNINCORPORATED
45 AREA OF THE COUNTY OUTSIDE THE BOUNDARIES OF A FIRE PROTECTION
46 DISTRICT, METROPOLITAN DISTRICT, OR COUNTY IMPROVEMENT DISTRICT
47 PROVIDING FIRE PROTECTION SERVICES.".
48
49 As amended, ordered engrossed and placed on the Calendar for Third
50 Reading and Final Passage.
51
52
10061 HB22- by Representative(s) Roberts and Van Winkle; also
2 Senator(s) Donovan and Smallwood?Concerning the
3 property tax exemption for property used as an integral
4 part of a child care center.
5
6 Ordered engrossed and placed on the Calendar for Third Reading and
7 Final Passage.
8

Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB22-1132 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 2, line 23, after "BURN" insert "IN ACCORDANCE
WITH LOCAL RULES AND REGULATIONS OR, WHERE NO LOCAL RULES AND
REGULATIONS EXIST, TO THE LOCAL DISPATCH CENTER, THE COUNTY SHERIFF,
AND WHERE APPLICABLE".

Page 2, strike line 25.

Page 3, strike lines 1 through 5 and substitute "PROPERTY IS LOCATED. IN THE".


Trans-
portation &
Energy

Senate Journal, May 9
After consideration on the merits, the Committee recommends that HB22-1132 be
referred to the Committee of the Whole with favorable recommendation and with a
recommendation that it be placed on the Consent Calendar.
Amend reengrossed bill, page 2, strike lines 8 through 14 and insert:

"(a) (I) "CONTROLLED BURN" MEANS, FOR PURPOSES OF THIS SECTION
ONLY AND AS INTENTIONALLY STARTED ON PRIVATE PROPERTY THAT IS NOT
CLASSIFIED AS AGRICULTURAL LAND, AS THAT TERM IS DEFINED IN SECTION
39-1-102 (1.6)(a), THE FOLLOWING TYPES OF BURNING:
(A) A BURN USED AS A TECHNIQUE IN FARMING OR LIVESTOCK
PRODUCTION OR FOR OTHER PURPOSES TO CLEAR THE LAND OF EXISTING NATIVE
VEGETATION OR CROP RESIDUE OR TO KILL WEEDS AND WEED SEEDS;
(B) A CONTROLLED DITCH BURN AS SET FORTH IN SECTION 24-33.5-1202
(3.4); EXCEPT THAT "CONTROLLED BURN" DOES NOT MEAN A BURN INVOLVING
AN IRRIGATION DITCH;
(C) NONCOMMERCIAL BURNING OF TRASH; AND
(D) OPEN BURNING OF SLASH PILES, AS "OPEN BURNING" AND "SLASH"
ARE DEFINED IN SECTION 30-15-401 (1)(n.5)(V).
(II) "CONTROLLED BURN" DOES NOT MEAN OPEN BURNING LAWFULLY
CONDUCTED IN THE COURSE OF AGRICULTURAL OPERATIONS AS SET FORTH IN
SECTION 18-13-109 (2)(b)(I).".

Reletter succeeding paragraph accordingly.


Appro-
priations

House Journal, March 1
22 HB22-1151 be amended as follows, and as so amended, be referred to
23 the Committee on Appropriations with favorable
24 recommendation:
25
26 Amend printed bill, page 2, line 6, strike "definitions." and substitute
27 "definitions - repeal.".
28
29 Page 8, line 19, strike "AND".
30
31 Page 8, line 23, strike "PROGRAM." and substitute "PROGRAM; AND
32 (III) IS ENCOURAGED TO REQUIRE THAT ITS PROGRAM
33 PARTICIPANTS MAINTAIN OR CREATE DEFENSIBLE SPACE TO REDUCE
34 WILDFIRE RISK.".
35
36 Page 10, line 11, strike "AND".
37
38 Page 10, line 13, after "SPECIES;" insert "AND
39 (D) THERE IS AN EMPHASIS ON CREATING AND MAINTAINING
40 DEFENSIBLE SPACE TO REDUCE WILDFIRE RISK.".
41
42 Page 10, line 20, after "RESPONSIBILITIES" insert "AND THE
43 ACCOUNTABILITY".
44
45 Page 10, line 22, after "RESPONSIBILITIES" insert "AND ACCOUNTABILITY".
46
47 Page 11, line 3, strike "PROGRAM." and substitute "PROGRAM, INCLUDING
48 ADMINISTRATIVE COSTS.".
49
50 Page 12, strike lines 12 through 14 and substitute:
51
52 "(b) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
53 BOARD. THE BOARD MAY USE THE MONEY IN THE FUND FOR THE PURPOSES
54 SET FORTH IN THIS SECTION UNTIL THE MONEY IS EXPENDED.
55
1 (c) (I) ON THE EFFECTIVE DATE OF THIS SUBSECTION (6)(c), THE
2 STATE TREASURER SHALL TRANSFER FOUR MILLION DOLLARS FROM THE
3 GENERAL FUND TO THE TURF REPLACEMENT FUND.
4 (II) THIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1,
5 2023.".
6
7 Page 12, after line 14, insert:
8
9 "(7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ADD A
10 REQUIREMENT FOR A WATER CONSERVATION PLAN THAT A COVERED
11 ENTITY FILES PURSUANT TO SECTION 37-60-126 (2).".
12
13

House Journal, May 3
20 HB22-1151 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend the Agriculture, Livestock, and Water Committee Report, dated
25 February 28, 2022, page 1, after line 2 insert:
26
27 "Page 7 of the bill, line 22, strike "OR".".
28
29 Page 1 of the report, before line 3 insert:
30
31 "Page 8 of the bill, after line 4 insert:
32
33 "(c) THROUGH WHICH MONEY APPROPRIATED OR TRANSFERRED TO
34 THE TURF REPLACEMENT FUND MAY BE PROVIDED TO AN ELIGIBLE ENTITY
35 THAT UTILIZES FEDERAL FUNDS TO SERVE AS A PORTION OF THE
36 NONFEDERAL MATCH MONEY THAT A FEDERAL GRANT OR LOAN PROGRAM
37 REQUIRES OF THE ELIGIBLE ENTITY.".".
38
39 Page 1 of the report, strike lines 18 and 19 and substitute:
40
41 ""(b) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
42 ASSEMBLY, THE BOARD MAY USE THE MONEY IN THE FUND FOR THE
43 PURPOSES".
44
45 Page 2 of the report, line 3, strike "FOUR" and substitute "TWO".
46
47 Page 2 of the report, after line 10 insert:
48
49 "Page 12 of the bill, before line 15 insert:
50
51
1 "SECTION 2. Appropriation. (1) For the 2022-23 state fiscal
2 year, $2,000,000 is appropriated to the department of natural resources
3 for use by the Colorado water conservation board. This appropriation is
4 from the turf replacement fund created in section 37-60-134 (6)(a)(I),
5 C.R.S. To implement this act, the board may use this appropriation as
6 follows:
7 (a) $1,988,600 for the state turf replacement program, which
8 amount is based on an assumption that the board will require an
9 additional 0.8 FTE; and
10 (b) $11,400 for the purchase of information technology services.
11 (2) For the 2022-23 state fiscal year, $11,400 is appropriated to
12 the office of the governor for use by the office of information technology.
13 This appropriation is from reappropriated funds received from the
14 department of natural resources under subsection (1)(b) of this section. To
15 implement this act, the office may use this appropriation to provide
16 information technology services for the department of natural resources.".
17
18 Renumber succeeding section accordingly.
19
20 Page 1, line 104, strike "TURF." and substitute "TURF, AND, IN
21 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
22
23

House Journal, May 3
53 Amendment No. 1, Appropriations Report, dated May 3, 2022, and
54 placed in member?s bill file; Report also printed in House Journal, May 3,
55 2022.
1 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
2 February 28, 2022, and placed in member?s bill file; Report also printed
3 in House Journal, March 1, 2022.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

House Journal, April 18
29 HB22-1218 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 10, strike lines 20 through 27.
34
35 Strike pages 11 and 12.
36
37 Page 13, strike lines 1 and 2 and strike lines 6 through 27.
38
39 Page 14, strike lines 1 through 17 and substitute:
40
41 "38-47-104. Electric vehicle charging facilities - multifamily
42 and large commercial buildings - requirements - definitions. (1) THIS
43 SECTION APPLIES TO THE CONSTRUCTION OF A NEW HIGH-OCCUPANCY
44 BUILDING PROJECT OR TO THE RENOVATION OF FIFTY PERCENT OR MORE
45 OF AN EXISTING HIGH-OCCUPANCY BUILDING PROJECT AND TO:
46 (a) A CONTRACT EXECUTED ON OR AFTER JULY 1, 2023, TO
47 CONSTRUCT A HIGH-OCCUPANCY BUILDING PROJECT;
48 (b) THE PLANNING OF OR DRAFTING FOR A HIGH-OCCUPANCY
49 BUILDING PROJECT ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION;
50 AND
51 (c) THE LAYING OUT OF OR CONSTRUCTION OF A HIGH-OCCUPANCY
52 BUILDING PROJECT ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
53 (2) A PERSON THAT IS PLANNING, DESIGNING, OR CONSTRUCTING:
54
1 (a) A LARGE COMMERCIAL BUILDING PROJECT SHALL PLAN,
2 DESIGN, AND CONSTRUCT THE LARGE COMMERCIAL BUILDING PROJECT TO
3 HAVE:
4 (I) TEN PERCENT OF THE PARKING SPACES USED BY THE
5 OCCUPANTS OF THE BUILDING BE EV CAPABLE;
6 (II) TEN PERCENT OF THE PARKING SPACES USED BY THE
7 OCCUPANTS OF THE BUILDING BE EV READY; AND
8 (III) FIVE PERCENT OF THE PARKING SPACES USED BY THE
9 OCCUPANTS OF THE BUILDING TO HAVE EV SUPPLY EQUIPMENT INSTALLED
10 ADJACENT TO A PARKING SPACE; AND
11 (b) A MULTIFAMILY BUILDING SHALL PLAN, DESIGN, AND
12 CONSTRUCT THE MULTIFAMILY BUILDING TO HAVE:
13 (I) IN FIFTY PERCENT OF THE UNITS, A PARKING SPACE USED BY
14 THE OCCUPANTS OF THE BUILDING THAT IS EV CAPABLE;
15 (II) IN TWENTY PERCENT OF THE UNITS, A PARKING SPACE USED BY
16 THE OCCUPANTS OF THE BUILDING THAT IS EV READY; AND
17 (III) IN FIVE PERCENT OF THE UNITS, A PARKING SPACE USED BY
18 THE OCCUPANTS OF THE BUILDING THAT HAS EV SUPPLY EQUIPMENT
19 INSTALLED ADJACENT TO A PARKING SPACE.
20 (3) (a) TO COMPLY WITH THIS SECTION, A PERSON MAY:
21 (I) PARTNER WITH A THIRD-PARTY COMPANY TO INSTALL AND
22 MAINTAIN EV READY PARKING SPACES AND EV SUPPLY EQUIPMENT; OR
23 (II) INCLUDE THE COST OF COMPLYING WITH THIS SECTION IN THE
24 PRICE TO PLAN, DRAFT, OR CONSTRUCT THE HIGH-OCCUPANCY BUILDING
25 PROJECT.
26 (b) A HIGH-OCCUPANCY BUILDING PROJECT OWNER MAY CHARGE
27 THE COST OF COMPLYING WITH THIS SECTION DIRECTLY TO INDIVIDUAL
28 TENANTS THAT USE THE EV READY PARKING SPACES AND EV SUPPLY
29 EQUIPMENT.
30 (c) IN A LARGE COMMERCIAL BUILDING PROJECT THAT IS GROUP A,
31 B, E, I, M, OR S-2 OCCUPANCY, THE NUMBER OF EV SUPPLY EQUIPMENT
32 PARKING SPACES REQUIRED IN SUBSECTION (2)(a) OF THIS SECTION MAY
33 BE REDUCED BY UP TO FIVE IF THE LARGE COMMERCIAL BUILDING PROJECT
34 INSTALLS:
35 (I) A SPACE EQUIPPED WITH LEVEL 3 CHARGING EV SUPPLY
36 EQUIPMENT; AND
37 (II) NOT LESS THAN ONE PARKING SPACE THAT IS EV READY.
38 (4) THIS SECTION DOES NOT PREEMPT A POLITICAL SUBDIVISION OF
39 COLORADO FROM REQUIRING MORE ELECTRIC VEHICLE INFRASTRUCTURE
40 THAN REQUIRED IN THIS SECTION.
41 (5) AS USED IN THIS SECTION:
42 (a) (I) "EV CAPABLE" MEANS A PARKING SPACE THAT:
43 (A) HAS THE ELECTRICAL PANEL CAPACITY AND CONDUIT
44 INSTALLED TO SUPPORT FUTURE IMPLEMENTATION OF ELECTRICAL
45 VEHICLE CHARGING WITH A MINIMUM OF TWO HUNDRED EIGHT VOLTS AND
46 A MINIMUM OF FORTY-AMPERE RATED CIRCUITS; AND
47 (B) IS ADJACENT TO THE TERMINAL POINT OF THE CONDUIT FROM
48 THE ELECTRICAL FACILITIES DESCRIBED IN SUBSECTION (5)(a)(I)(A) OF
49 THIS SECTION.
50 (II) "EV CAPABLE" INCLUDES TWO ADJACENT PARKING SPACES IF
51 THE CONDUIT FOR THE ELECTRICAL FACILITIES DESCRIBED IN SUBSECTION
52 (5)(a)(I)(A) OF THIS SECTION TERMINATES ADJACENT TO AND BETWEEN
53 BOTH PARKING SPACES.
54 (b) (I) "EV READY" MEANS A PARKING SPACE THAT:
55
1 (A) HAS THE ELECTRICAL PANEL CAPACITY, RACEWAY WIRING,
2 RECEPTACLE, AND CIRCUIT OVERPROTECTION DEVICES INSTALLED TO
3 SUPPORT FUTURE IMPLEMENTATION OF ELECTRICAL VEHICLE CHARGING
4 WITH A MINIMUM OF TWO HUNDRED EIGHT VOLTS AND A MINIMUM OF
5 FORTY-AMPERE RATED CIRCUITS; AND
6 (B) IS ADJACENT TO THE RECEPTACLE FOR THE ELECTRICAL
7 FACILITIES DESCRIBED IN SUBSECTION (5)(b)(I)(A) OF THIS SECTION.
8 (II) "EV READY" INCLUDES TWO ADJACENT PARKING SPACES IF
9 THE RECEPTACLE FOR THE ELECTRICAL FACILITIES DESCRIBED IN
10 SUBSECTION (5)(b)(I)(A) OF THIS SECTION IS INSTALLED ADJACENT TO
11 AND BETWEEN BOTH PARKING SPACES.
12 (c) "EV SUPPLY EQUIPMENT" MEANS:
13 (I) AN ELECTRIC VEHICLE CHARGING SYSTEM AS DEFINED IN
2 14 SECTION 38-12-601 (6)(a) THAT HAS POWER CAPACITY OF AT LEAST 6.
15 KILOWATTS AND HAS THE ABILITY TO CONNECT TO THE INTERNET; OR
16 (II) AN INDUCTIVE RESIDENTIAL CHARGING SYSTEM FOR
17 BATTERY-POWERED ELECTRIC VEHICLES THAT:
18 (A) IS CERTIFIED BY UNDERWRITERS LABORATORIES OR AN
19 EQUIVALENT CERTIFICATION;
20 (B) COMPLIES WITH THE CURRENT VERSION OF ARTICLE 625 OF
21 THE NATIONAL ELECTRICAL CODE, PUBLISHED BY THE NATIONAL FIRE
22 PROTECTION ASSOCIATION, AND OTHER APPLICABLE INDUSTRY
23 STANDARDS;
24 (C) IS ENERGY STAR CERTIFIED; AND
25 (D) HAS THE ABILITY TO CONNECT TO THE INTERNET.
26 (d) "GROUP A, B, E, I, M, OR S-2 OCCUPANCY" MEANS:
2021 27 (I) "GROUP A OCCUPANCY", AS DESCRIBED IN THE
28 INTERNATIONAL BUILDING CODE;
2021 29 (II) "GROUP B OCCUPANCY", AS DESCRIBED IN THE
30 INTERNATIONAL BUILDING CODE;
31 (III) "GROUP E OCCUPANCY", AS DESCRIBED IN THE
32 2021INTERNATIONAL BUILDING CODE;
2021 33 (IV) "GROUP I OCCUPANCY", AS DESCRIBED IN THE
34 INTERNATIONAL BUILDING CODE;
2021 35 (V) "GROUP M OCCUPANCY", AS DESCRIBED IN THE
36 INTERNATIONAL BUILDING CODE; OR
2021 37 (VI) "GROUP S-2 OCCUPANCY", AS DESCRIBED IN THE
38 INTERNATIONAL BUILDING CODE.
39 (e) "HIGH-OCCUPANCY BUILDING PROJECT" MEANS:
40 (I) A MULTIFAMILY BUILDING; OR
41 (II) A LARGE COMMERCIAL BUILDING PROJECT.
42 (f) "LARGE COMMERCIAL BUILDING PROJECT" MEANS:
43 (I) A BUILDING WITH TWENTY-FIVE THOUSAND SQUARE FEET OR
44 MORE OF FLOOR SPACE THAT IS USED OR INTENDED TO BE USED FOR
45 COMMERCIAL PURPOSES; OR
46 (II) A PROJECT TO BUILD FORTY THOUSAND SQUARE FEET OR MORE
47 OF FLOOR SPACE IN MORE THAN ONE BUILDING WITH A TOTAL OF
48 TWENTY-FIVE OR MORE SETS OF LIVING QUARTERS OR COMMERCIAL UNITS
49 IN ALL THE BUILDINGS.
50 (g) "LEVEL 3 CHARGING" MEANS EV SUPPLY EQUIPMENT THAT:
51 (I) USES A MINIMUM OF ONE HUNDRED AMPERES;
52 (II) USES A FOUR HUNDRED EIGHTY VOLT AND THREE-PHASE VOLT
53 CIRCUIT; AND
54 (III) CONVERTS THE ALTERNATING CIRCUIT VOLTAGE INTO DIRECT
55 CURRENT VOLTAGE THAT DIRECTLY CHARGES AN ELECTRIC VEHICLE.
1 (h) "MULTIFAMILY BUILDING" MEANS A RESIDENTIAL BUILDING
2 WITH AT LEAST THREE FAMILY UNITS AND AT LEAST TEN PARKING SPACES.
3 SECTION 3. In Colorado Revised Statutes, 12-115-120, add (11)
4 as follows:
5 12-115-120. Inspection - permit - rules - exemption. (11) THE
6 BOARD SHALL PROMULGATE RULES:
7 (a) REQUIRING COMPLIANCE WITH SECTION 38-47-104 TO BE
8 ISSUED AN INSPECTION PERMIT UNDER THIS SECTION; AND
9 (b) SETTING STANDARDS FOR WAIVING THE REQUIREMENT TO
10 COMPLY WITH SECTION 38-47-104 TO BE ISSUED AN INSPECTION PERMIT
11 UNDER THIS SECTION.".
12
13 Renumber succeeding sections accordingly.
14
15

House Journal, April 19
42 Amendment No. 1, Energy & Environment Report, dated April 14, 2022,
43 and placed in member?s bill file; Report also printed in House Journal,
44 April 18, 2022.
45
46 As amended, ordered engrossed and placed on the Calendar for Third
47 Reading and Final Passage.
48

Senate Journal, April 26
After consideration on the merits, the Committee recommends that HB22-1218 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 11, line 5, after "DRAFTING FOR" insert "THE
DESIGN OF".

Page 11, strike lines 13 through 20 and substitute "HAVE FIVE PERCENT OF THE
PARKING SPACES USED BY THE OCCUPANTS OF THE BUILDING TO HAVE EV
SUPPLY EQUIPMENT INSTALLED ADJACENT TO A PARKING SPACE; AND".

Page 12, line 7, after "DRAFT," insert "DESIGN,".

Page 15, line 22, after the period add "THIS SUBSECTION (11)(b) DOES NOT
CHANGE THE REQUIREMENT FOR AN ELECTRICAL PERMIT AS REQUIRED IN
SUBSECTION (1) OF THIS SECTION OR THE REQUIREMENT FOR AN ELECTRICAL
INSPECTION AS REQUIRED IN THIS ARTICLE 115.".


Trans- The Committee on Transportation & Energy has had under consideration and has had a
portation & hearing on the following appointments and recommends that the appointments be placed
Energy on the consent calendar and confirmed:

MEMBER OF THE
FRONT RANGE PASSENGER RAIL DISTRICT BOARD

for a term expiring April 1, 2026:

Claire Levy of Boulder, Colorado, to serve as a resident of a city and county through
which commuter rail service was planned as a part of the voter approved RTD Fastracks
Transit Expansion Program but has not been constructed, appointed.


State,
Veterans, &
Military
Affairs

Senate Journal, April 29
HB22-1218 by Representative(s) Valdez A.; also Senator(s) Winter--Concerning resource efficiency
related to constructing a building for occupancy.

Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 26, page(s) 1002 and placed in members' bill files.)

Amendment No. 2(L.013), by Senator Winter.

Amend reengrossed bill, page 10, strike lines 21 through 23.

Page 15, after line 13, insert:
"SECTION 2. Repeal of relocated provisions in this act. In Colorado
Revised Statutes, repeal 38-35.7-106, 38-35.7-107, and 38-35.7-109.".


Amendment No. 3(L.014), by Senator Winter.

Strike the Transportation and Energy Committee Report and substitute:

"Amend reengrossed bill, page 11, line 5, after "DRAFTING FOR" insert "THE
DESIGN OF".

Page 11, line 14, strike "TEN" and substitute "TWENTY-FIVE".

Page 11, line 15, after "CAPABLE;" add "AND"

Page 11, strike lines 18 through 20.

Page 11, line 24, after "CAPABLE;" add "AND".

Page 11, strike lines 26 and 27 and substitute "THE OCCUPANTS OF THE
BUILDING THAT IS EV READY.".

Page 12, strike lines 1 and 2.

Page 12, line 7, after "DRAFT," insert "DESIGN,".

Page 12, strike lines 13 through 20.

Page 13, strike lines 22 through 27.

Page 14, strike lines 1 through 21.

Reletter succeeding paragraphs accordingly.

Page 15, strike lines 6 through 11.

Reletter succeeding paragraphs accordingly.

Page 15, strike lines 14 through 22.

Renumber succeeding sections accordingly.

As amended, ordered revised and placed on the calendar for third reading and final
passage.

Senate Journal, May 4
HB22-1218 by Representative(s) Valdez A.; also Senator(s) Winter and Priola--Concerning resource
efficiency related to constructing a building for occupancy.

A majority of those elected to the Senate having voted in the affirmative, Senator Winter
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.017), by Senator Winter.

Amend revised bill, page 3, strike lines 10 through 13 and substitute
"photovoltaic solar generation system could provide. The list of businesses shall
be derived from a master list of Colorado solar installers maintained by the
Colorado solar energy industries association, or a successor organization.".

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner E Kolker Y Scott Y

A majority of those elected to the Senate having voted in the affirmative, Senator Winter
was given permission to offer a third reading amendment.

Third Reading Amendment No. 2(L.016), by Senator Winter.

Amend revised bill, page 14, before line 1 insert:

"SECTION 3. In Colorado Revised Statutes, 12-115-120, add (11) and
(12) as follows:
12-115-120. Inspection - permit - rules - exemption. (11) THE BOARD
SHALL PROMULGATE RULES:
(a) REQUIRING COMPLIANCE WITH SECTION 38-47-104 TO BE ISSUED AN
INSPECTION PERMIT UNDER THIS SECTION; AND
(b) SETTING STANDARDS FOR WAIVING THE REQUIREMENT TO COMPLY
WITH SECTION 38-47-104 TO BE ISSUED AN INSPECTION PERMIT UNDER THIS
SECTION IF THE WAIVER IS FOR THE RENOVATION OF FIFTY PERCENT OR MORE OF
AN EXISTING HIGH-OCCUPANCY BUILDING PROJECT.
(12) NOTWITHSTANDING SUBSECTION (10) OF THIS SECTION, AN ENTITY
OTHER THAN THE STATE THAT CONDUCTS ELECTRICAL INSPECTIONS MAY WAIVE
THE REQUIREMENT THAT AN INSPECTION PERMIT APPLICANT COMPLIES WITH
SECTION 38-47-104 TO BE ISSUED AN INSPECTION PERMIT UNDER THIS SECTION
IF THE WAIVER IS FOR THE RENOVATION OF FIFTY PERCENT OR MORE OF AN
EXISTING HIGH-OCCUPANCY BUILDING PROJECT.".

Renumber succeeding sections accordingly.

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner E Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 20 NO 14 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson N
Buckner Y Gonzales Y Liston N Smallwood N
Coleman Y Hansen Y Lundeen N Sonnenberg N
Cooke N Hinrichsen N Moreno Y Story Y
Coram N Hisey N Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward N
Donovan Y Jaquez Y Rankin N Zenzinger Y
Fields Y Kirkmeyer N Rodriguez Y President Y
Gardner E Kolker Y Scott N

House Journal, April 8
33 HB22-1244 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Amend printed bill, page 5, after line 4 insert:
38
39 "SECTION 2. In Colorado Revised Statutes, 25-7-103, amend
40 (11) introductory portion and (11)(a) as follows:
41 25-7-103. Definitions. As used in this article 7, unless the context
42 otherwise requires:
43 (11) "Emission control regulation" means and includes any
44 standard promulgated by regulation which THAT is applicable to all air
45 pollution sources within a specified area and which THAT prohibits or
46 establishes permissible limits for specific types of emissions in such area;
47 and also any regulation which THAT by its terms is applicable to a
48 specified type of facility, process, or activity for the purpose of
49 controlling the extent, degree, or nature of pollution emitted from such
50 type of facility, process, or activity; any regulation adopted for the
51 purpose of preventing or minimizing emission of any air pollutant in
52 potentially dangerous quantities; and also any regulation that adopts any
53 design, equipment, work practice, or operational standard. Emission
54 control regulations shall not include standards which describe maximum
55 ambient air concentrations of specifically identified pollutants or which
1 describe varying degrees of pollution of ambient air. Emission control
2 regulations pertaining to hazardous air pollutants, as defined in subsection
3 (13) of this section, shall be consistent with the emission standards
4 promulgated under section 112 of the federal act or section 25-7-109.3 in
5 reducing or preventing emissions of hazardous air pollutants, and
6 EMISSION CONTROL REGULATIONS DESIGNED TO REDUCE OR PREVENT THE
7 EMISSIONS OF TOXIC AIR CONTAMINANTS PURSUANT TO SECTION
8 25-7-109.5 (7) may include application of measures, processes, methods,
9 systems, or techniques, including, but not limited to, measures which
10 THAT:
11 (a) Reduce the volume of, or eliminate emissions of, such
12 pollutants through process changes, EMISSIONS LIMITATIONS, CONTROL
13 TECHNOLOGIES, substitution of materials, or other modifications;".
14
15 Renumber succeeding sections accordingly.
16
17 Page 5, line 7, strike "advisory board -".
18
19 Page 5, line 9, strike "airborne toxic control measures" and substitute
20 "emission control regulations".
21
22 Page 5, strike lines 24 through 27.
23
24 Page 6, strike lines 1 through 14.
25
26 Reletter succeeding paragraphs accordingly.
27
28 Page 7, strike lines 6 through 14.
29
30 Reletter succeeding paragraphs accordingly.
31
32 Page 7, line 16, strike "(7)(a)(II)" and substitute "(6)(a)(II)".
33
34 Page 7, strike lines 21 through 24.
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 7, after line 26 insert:
39
40 "(j) "PRIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED
41 BY THE COMMISSION BY RULE UNDER SUBSECTION (6)(a)(I) OF THIS
42 SECTION, TOXIC AIR CONTAMINANTS THAT MAY POSE A RISK OF HARM TO
43 PUBLIC HEALTH.".
44
45 Reletter succeeding paragraphs accordingly.
46
47 Page 8, line 14, strike "(4)" and substitute "(3)".
48
49 Page 9, strike lines 2 through 27.
50
51 Page 10, strike lines 1 through 16.
52
53 Renumber succeeding subsections accordingly.
54
55
1 Page 10, lines 20 and 21, strike "SHALL, IN CONSULTATION WITH THE
2 ADVISORY BOARD," and substitute "SHALL CREATE AN INITIAL LIST OF
3 TOXIC AIR CONTAMINANTS BASED ON SUBSECTIONS (1)(m)(I) AND
4 (1)(m)(II) OF THIS SECTION AND, PURSUANT TO SUBSECTION (1)(m)(III) OF
5 THIS SECTION,".
6
7 Page 10, lines 22 and 23, strike "TOXIC AIR CONTAMINANTS TO THE LIST."
8 and substitute "AIR POLLUTANTS.".
9
10 Page 11, line 2, strike "PUBLIC;" and substitute "PUBLIC AND THE
11 SCIENTIFIC COMMUNITY;".
12
13 Page 11, strike lines 3 through 15 and substitute:
14 "(b) ANY EXISTING DATA CONCERNING EMISSIONS OF AIR
15 POLLUTANTS, INCLUDING:
16 (I) DATA PROVIDED TO THE DIVISION THROUGH ANNUAL EMISSIONS
17 INVENTORY REPORTS SUBMITTED PURSUANT TO SUBSECTION (4) OF THIS
18 SECTION; AND
19 (II) DATA REPORTED TO THE FEDERAL TOXIC RELEASE INVENTORY
20 PURSUANT TO 42 U.S.C. SEC. 11023;".
21
22 Reletter succeeding paragraphs accordingly.
23
24 Page 11, line 16, after "GATHERED" insert "ABOUT THE TOXICITY OF AIR
25 POLLUTANTS".
26
27 Page 11, lines 16 and 17, strike "ALL AVAILABLE".
28
29 Page 11, line 21, after the semi-colon, add "AND".
30
31 Page 11, strike lines 23 through 27 and substitute "ADVERSE HEALTH
32 EFFECTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING FROM
33 DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY VULNERABLE
34 GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED COMMUNITIES,
35 WORKERS AT STATIONARY SOURCES, INFANTS, CHILDREN, FETUSES, THE
36 ELDERLY, AND PEOPLE WITH DISABILITIES; AND".
37
38 Page 12, strike lines 1 through 3.
39
40 Reletter succeeding paragraph accordingly.
41
42 Page 12, line 6, after "reports -" insert "study -".
43
44 Page 12, line 14, strike "ANY".
45
46 Page 12, line 15, strike "(5)(a)" and substitute "(4)(a)".
47
48 Page 12, strike lines 17 through 27.
49
50 Strike page 13.
51
52 Page 14, strike lines 1 through 25.
53
54 Reletter succeeding paragraphs accordingly.
55
1 Page 15, line 4, strike "(5)(a)" and substitute "(4)(a)".
2
3 Page 15, strike lines 5 through 12 and substitute:
4
5 "(c) (I) THE DIVISION SHALL CONDUCT A STUDY AND PREPARE A
6 REPORT THAT INCLUDES:
7 (A) AN ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING
8 TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL
9 ENVIRONMENTAL PROTECTION AGENCY;
10 (B) AN ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC
11 AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL
12 ENVIRONMENTAL PROTECTION AGENCY, WITH THE REPORTING DATA
13 BROKEN DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT, GEOGRAPHIC
14 AREA, INDUSTRY SECTOR, AND WHETHER THE STATIONARY SOURCE
15 REPORTING THE DATA IS A MAJOR SOURCE, SYNTHETIC MINOR SOURCE, OR
16 MINOR SOURCE; AND
17 (C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE
18 REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE
19 FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
20 (II) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
21 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
22 OPPORTUNITY TO COMMENT ON THE REPORT. THE DIVISION SHALL ALSO
23 CONDUCT OUT R E A CH TO AND SOLICIT FEEDBACK FROM
24 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
25 STATIONARY SOURCES. IN FINALIZING THE REPORT, THE DIVISION SHALL
26 INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
27 THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES, WORKERS AT
28 STATIONARY SOURCES, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY
29 ANY SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE
30 COMMENTS. NO LATER THAN JULY 1, 2024, THE DIVISION SHALL SUBMIT
31 THE FINALIZED REPORT TO THE COMMISSION.
32 (III) NO LATER THAN DECEMBER 31, 2024, THE COMMISSION
33 SHALL, BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT,
34 ADOPT RULES THAT REQUIRE ADDITIONAL TYPES OF INFORMATION TO BE
35 INCLUDED IN ANNUAL EMISSIONS INVENTORY REPORTS SUBMITTED TO THE
36 DIVISION FOR CALENDAR YEAR 2025 AND EACH CALENDAR YEAR
37 THEREAFTER.".
38
39 Reletter succeeding paragraphs accordingly.
40
41 Page 15, line 18, strike "(5)(a)" and substitute "(4)(a)".
42
43 Page 15, line 19, before "rules."insert "reporting -".
44
45 Page 16, line 4, strike "JULY" and substitute "JANUARY".
46
47 Page 16, line 14, strike "(6)(c)(I)," and substitute "(5)(c)(I),".
48
49 Page 16, line 24, strike "(6)(c)(II)" and substitute "(5)(c)(II)".
50
51 Page 17, line 12, strike "(6)(d)" and substitute "(5)(d)".
52
53 Page 17, strike lines 13 through 27 and substitute:
54
55
1 "(f) NO LATER THAN MAY 1, 2025, AND BY MAY 1 EACH YEAR
2 THEREAFTER, THE DIVISION SHALL".
3
4 Page 18, line 3, strike "DRAFT REPORT." and substitute "MONITORING
5 PROGRAM.".
6
7 Page 18, line 5, strike "DRAFT REPORT." and substitute "MONITORING
8 PROGRAM.".
9
10 Page 18, strike lines 6 through 20 and substitute:
11
12 "(g) (I) NO LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR
13 THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL REPORT THAT
14 SUMMARIZES THE TOXIC AIR CONTAMINANT DATA COLLECTED BY THE
15 MONITORING SITES IN THE PREVIOUS CALENDAR YEAR. THE DIVISION
16 SHALL INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED
17 FROM THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES, AND
18 THE SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC MEETINGS HELD
19 PURSUANT TO SUBSECTION (5)(f) OF THIS SECTION.
20 (II) ONCE THE REPORT IS FINALIZED, THE DIVISION SHALL:
21 (A) POST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH
22 ENGLISH AND SPANISH; AND
23 (B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN
24 SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND
25 ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR
136 26 SUCCESSOR COMMITTEES. NOTWITHSTANDING SECTION 24-1-
27 (11)(a)(I), THE REQUIREMENT TO REPORT TO THE LEGISLATIVE
28 COMMITTEES CONTINUES INDEFINITELY.
29 (h) THE DIVISION SHALL REPORT ON THE NEED FOR ANY
30 ADDITIONAL MONITORING SITES FOR THE MONITORING PROGRAM TO THE
31 HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
32 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
33 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
34 COMMITTEES' HEARINGS HELD PRIOR TO THE 2027 REGULAR SESSION OF
35 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
36 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
37 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
38
39 Page 18, lines 21 and 22, strike "JULY 1, 2027," and substitute "OCTOBER
40 1, 2025,".
41
42 Page 18, lines 22 and 23, strike "ADVISORY BOARD," and substitute
43 "SCIENTIFIC COMMUNITY,".
44
45 Page 18, line 24, strike "HIGH-RISK" and substitute "UP TO FIVE PRIORITY".
46
47 Page 18, line 27, strike "(6)(a)" and substitute "(5)(a)".
48
49 Page 19, strike lines 4 and 5 and substitute:
50 "(C) DATA PROVIDED TO THE DIVISION THROUGH THE ANNUAL
51 EMISSIONS INVENTORY REPORTS SUBMITTED TO THE DIVISION PURSUANT
52 TO SUBSECTION".
53
54 Page 19, line 6, strike "(5)(a)" and substitute "(4)(a)".
55
1 Page 19, line 12, strike "HIGH-RISK" and substitute "PRIORITY".
2
3 Page 19, line 24, strike "TO" and substitute "ON".
4
5 Page 19, line 25, after "COMMUNITIES," insert "WORKERS AT STATIONARY
6 SOURCES,".
7
8 Page 20, line 9, strike "JULY 1, 2032, AND BY JULY 1" and substitute
9 "OCTOBER 1, 2030, AND OCTOBER 1".
10
11 Page 20, strike line 15 and substitute "SCIENTIFIC COMMUNITY:".
12
13 Page 20, line 16, strike "HIGH-RISK" and substitute "PRIORITY".
14
15 Page 20, line 18, strike "(7)(a)(I)" and substitute "(6)(a)(I)".
16
17 Page 20, line 20, strike "HIGH-RISK" and substitute "PRIORITY".
18
19 Page 20, line 22, strike "(7)(b)" and substitute "(6)(b)".
20
21 Page 20, line 27, strike "(7)(b)" and substitute "(6)(b)".
22
23 Page 21, strike lines 2 through 16 and substitute:
24 "(7) Emission control regulations - rules. (a) NO LATER THAN
25 JULY 1, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
26 REGULATIONS BY RULE FOR EACH PRIORITY TOXIC AIR CONTAMINANT. THE
27 EMISSION CONTROL REGULATIONS SHALL BE DESIGNED TO REDUCE
28 EMISSIONS THROUGH THE APPLICATION OF BEST AVAILABLE CONTROL
29 TECHNOLOGY.
30 (b) IN DETERMINING THE EMISSION CONTROL REGULATIONS,".
31
32 Renumber succeeding subsections accordingly.
33
34 Page 21, strike lines 18 through 27 and substitute:
35 "(I) ANY EMISSION CONTROL REGULATIONS ADOPTED FOR
36 PRIORITY TOXIC AIR CONTAMINANTS IN OTHER STATES OR JURISDICTIONS;
37 (II) THE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT
38 AND ANY ASSOCIATED IMPACTS OF SUCH EMISSION LEVELS ON
39 CONCENTRATIONS OF THE PRIORITY TOXIC AIR CONTAMINANT IN THE
40 AMBIENT AIR;
41 (III) THE TYPES AND LEVELS OF PRIORITY TOXIC AIR
42 CONTAMINANTS THAT DIFFERENT STATIONARY SOURCES AND INDUSTRIES
43 EMIT;".
44
45 Page 22, line 2, strike "PRESENT OR ANTICIPATED" and strike "HIGH-RISK"
46 and substitute "PRIORITY".
47
48 Page 22, line 4, strike "AIRBORNE TOXIC CONTROL MEASURES" and
49 substitute "EMISSION CONTROL REGULATIONS".
50
51 Page 22, line 5, strike "HIGH-RISK" and substitute "PRIORITY".
52
53 Page 22, strike lines 8 and 9 and substitute:
54 "(VI) THE ANTICIPATED EFFECT OF EMISSION CONTROL
55 REGULATIONS ON LEVELS OF EXPOSURE TO A PRIORITY TOXIC AIR".
1 Page 22, line 14, strike "HIGH-RISK" and substitute "PRIORITY".
2
3 Page 22, line 16, strike "HIGH-RISK" and substitute "PRIORITY".
4
5 Page 22, strike line 20 and substitute "EMISSION CONTROL REGULATION.".
6
7 Page 22, line 21, strike "2032," and substitute "2031,".
8
9 Page 22, strike lines 26 and 27 and substitute:
10 "(I) ADOPT EMISSION CONTROL REGULATIONS FOR ANY
11 ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE
12 COMMISSION IN ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS
13 SECTION; AND
14 (II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION
15 CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET
16 FORTH IN SUBSECTION (7)(b) OF THIS SECTION.".
17
18 Page 23, strike lines 1 through 12.
19
20 Page 23, line 15, strike "AIRBORNE TOXIC CONTROL MEASURES" and
21 substitute "EMISSION CONTROL REGULATIONS".
22
23 Page 23, line 19, after "THAT" insert "WOULD CAUSE A NET INCREASE IN
24 THE EMISSIONS OF ANY PRIORITY TOXIC AIR CONTAMINANT AND".
25
26 Page 23, line 23, strike "ANALYZE" and substitute "CONDUCT AN AMBIENT
27 IMPACTS ANALYSIS THAT INCLUDES AN ANALYSIS OF".
28
29 Page 24, line 12, strike "(9)(a)" and substitute "(8)(a)".
30
31 Page 24, line 15, strike "HIGH-RISK" and substitute "PRIORITY".
32
33 Page 24, lines 18 and 19, strike "AIRBORNE TOXIC CONTROL MEASURES"
34 and substitute "EMISSION CONTROL REGULATIONS".
35
36 Page 24, line 24, strike "(9)(c)(I)" and substitute "(8)(c)(I)".
37
38 Page 24, after line 25 insert:
39 "(d) THE COMMISSION MAY ESTABLISH BY RULE:
40 (I) FOR APPLICATIONS FOR NEW AIR POLLUTION PERMITS, A
41 THRESHOLD LEVEL OF ANNUAL POTENTIAL EMISSIONS OF PRIORITY TOXIC
42 AIR CONTAMINANTS BENEATH WHICH THE REQUIREMENTS OF THIS
43 SUBSECTION (8) DO NOT APPLY; AND
44 (II) FOR APPLICATIONS FOR MODIFIED AIR POLLUTION PERMITS, A
45 LEVEL OF INCREASED ANNUAL POTENTIAL EMISSIONS BENEATH WHICH THE
46 REQUIREMENTS OF THIS SUBSECTION (8) DO NOT APPLY.
47 (e) IF THE APPLICATION FOR A NEW OR MODIFIED AIR POLLUTION
48 PERMIT COVERS A STATIONARY SOURCE THAT IS LOCATED IN AN AREA
49 THAT HAS BEEN DESIGNATED BY THE COMMISSION BY RULE TO EXCEED
50 HEALTH-BASED STANDARDS FOR A PRIORITY TOXIC AIR CONTAMINANT,
51 THE OWNER OR OPERATOR SHALL NOT CONDUCT THE ANALYSIS REQUIRED
52 BY SUBSECTIONS (8)(a)(I) AND (8)(a)(II) OF THIS SECTION AND THE
53 DIVISION SHALL DENY THE PERMIT APPLICATION.".
54
55 Page 24, strike lines 26 and 27.
1 Strike page 25 and 26 and substitute:
2 "(9) Air pollution regulation for existing sources of toxic air
3 contaminants - needs assessment. (a) NO LATER THAN JULY 1, 2025,
4 THE DIVISION SHALL CONDUCT A NEEDS ASSESSMENT TO DETERMINE THE
5 NEEDS OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO
6 REGULATE EXISTING STATIONARY SOURCES THAT EMIT LEVELS OF TOXIC
7 AIR CONTAMINANTS THAT POSE A RISK TO PUBLIC HEALTH, REFERRED TO
8 IN THIS SUBSECTION (9) AS THE "AIR PERMITTING PROGRAM".
9 (b) THE NEEDS ASSESSMENT MUST:
10 (I) EVALUATE AIR PERMITTING PROGRAMS FOR EXISTING
11 STATIONARY SOURCES OF TOXIC AIR CONTAMINANTS IN OTHER STATES OR
12 JURISDICTIONS;
13 (II) DETERMINE THE SCOPE OF THE AIR PERMITTING PROGRAM,
14 INCLUDING THE TYPES OF PERMITS, STATIONARY SOURCES, INDUSTRIES,
15 AND GEOGRAPHIC AREAS OF THE STATE THAT WILL BE IMPACTED BY THE
16 PROGRAM;
17 (III) IDENTIFY THE TYPES OF STATIONARY SOURCES OR
18 CONDITIONS THAT WOULD PROMPT THE REOPENING OF AN AIR PERMIT BY
19 THE DIVISION UNDER THE AIR PERMITTING PROGRAM; AND
20 (IV) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR THE
21 IMPLEMENTATION OF THE AIR PERMITTING PROGRAM, INCLUDING
22 PROCESSES TO:
23 (A) NOTIFY ANY STATIONARY SOURCES THAT WOULD BE SUBJECT
24 TO THE AIR PERMITTING PROGRAM;
25 (B) ASSESS PUBLIC HEALTH RISKS ASSOCIATED WITH A
26 STATIONARY SOURCE'S EMISSIONS OF TOXIC AIR CONTAMINANTS; AND
27 (C) IMPLEMENT EMISSION CONTROL REGULATIONS OR ANY OTHER
28 STRATEGIES DESIGNED TO REDUCE EMISSIONS OF TOXIC AIR
29 CONTAMINANTS FROM A STATIONARY SOURCE.
30 (c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
31 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
32 OPPORTUNITY TO COMMENT ON THE NEEDS ASSESSMENT. THE DIVISION
33 SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
34 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
35 STATIONARY SOURCES ON THE NEEDS ASSESSMENT.
36 (d) IN FINALIZING THE NEEDS ASSESSMENT, THE DIVISION SHALL
37 INCLUDE IN THE NEEDS ASSESSMENT A SUMMARY OF ANY COMMENTS
38 RECEIVED FROM THE PUBLIC, WORKERS AT STATIONARY SOURCES, AND
39 DISPROPORTIONATELY IMPACTED COMMUNITIES AND IDENTIFY ANY
40 SIGNIFICANT CHANGES MADE TO THE NEEDS ASSESSMENT BASED ON SUCH
41 COMMENTS.
42 (e) THE DIVISION SHALL REPORT ON THE NEEDS ASSESSMENT TO
43 THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
44 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
45 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
46 COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
47 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
48 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
49 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
50
51 Page 30, strike lines 3 through 27.
52
53 Page 31, strike lines 1 through 4.
54
55 Renumber succeeding sections accordingly.

House Journal, May 3
10 HB22-1244 be amended as follows, and as so amended, be referred to
11 the Committee of the Whole with favorable
12 recommendation:
13
14 Amend printed bill, page 31, before line 5 insert:
15
16 "SECTION 5. Appropriation. (1) For the 2022-23 state fiscal
17 year, $3,135,853 is appropriated to the department of public health and
18 environment. This appropriation is from the general fund. To implement
19 this act, the department may use this appropriation as follows:
20 (a) $2,192,791 for use by the air pollution control division for
21 program costs, which amount is based on an assumption that the division
22 will require an additional 10.1 FTE;
23 (b) $271,906 for use by the division of environmental health and
23 sustainability for 24 the toxicology and environmental epidemiology unit,
25 which amount is based on an assumption that the division will require an
26 additional 7.0 FTE;
27 (c) $73,928 for the purchase of legal services; and
28 (d) $597,228 for the purchase of information technology services.
29 (2) For the 2022-23 state fiscal year, $73,928 is appropriated to
30 the department of law. This appropriation is from reappropriated funds
31 received from the department of public health and environment under
32 subsection (1)(c) of this section and is based on an assumption that the
33 department of law will require an additional 0.4 FTE. To implement this
34 act, the department of law may use this appropriation to provide legal
35 services for the department of public health and environment.
36 (3) For the 2022-23 state fiscal year, $597,228 is appropriated to
37 the office of the governor for use by the office of information technology.
38 This appropriation is from reappropriated funds received from the
39 department of public health and environment under subsection (1)(d) of
40 this section. To implement this act, the office may use this appropriation
41 to provide information technology services for the department of public
42 health and environment.".
43
44 Renumber succeeding sections accordingly.
45
46 Page 1, line 102, strike "CONTAMINANTS." and substitute
47 "CONTAMINANTS, AND, IN CONNECTION THEREWITH, MAKING AN
48 APPROPRIATION.".
49
50

House Journal, May 5
40 Amendment No. 1, Appropriations Report, dated May 3, 2022, and placed
41 in member?s bill file; Report also printed in House Journal, May 3, 2022.
42
43 Amendment No. 2, Energy & Environment Report, dated April 7, 2022,
44 and placed in member?s bill file; Report also printed in House Journal,
45 April 8, 2022.
46
47 Amendment No. 3, by Representative Kennedy.
48
49 Amend the Energy and Environment Committee Report, dated April 7,
50 2022, page 1, line 16, strike "Emission" and substitute "EXCEPT AS
51 PROVIDED IN SECTION 25-7-109.5, emission control regulations shall not
52 include standards which THAT describe maximum ambient air
53 concentrations of specifically identified pollutants or which THAT
54 describe varying degrees of pollution of ambient air. Emission control
55 regulations pertaining to hazardous air pollutants, as defined in subsection
1 (13) of this section, AND TOXIC AIR CONTAMINANTS DESIGNATED
2 PURSUANT TO SECTION 25-7-109.5, shall be consistent with the emission
3 standards promulgated under section 112 of the federal act or section
4 SECTIONS 25-7-109.3 AND 25-7-109.5 in reducing or preventing emissions
5 of hazardous air pollutants and may include application of measures,
6 processes, methods, systems, or techniques, including, but not limited to,
7 measures which".
8
9 Page 1 of the report, strike likes 17 through 27.
10
11 Page 2 of the report, line 4, strike "modifications;"." and substitute
12 "modifications;
13 SECTION 3. In Colorado Revised Statutes, 25-7-109, amend
14 (2)(c) and (2)(h) as follows:
15 25-7-109. Commission to promulgate emission control
16 regulations. (2) Such emission control regulations may include, but shall
17 not be limited to, regulations pertaining to:
18 (c) Sulfur oxides, sulfuric acids, ORGANIC SULFIDES, hydrogen
19 sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any
20 other chemical substance;
21 (h) Hazardous air pollutants AND TOXIC AIR CONTAMINANTS, AS
22 DEFINED IN SECTION 25-7-109.5 (1)(i).".".
23
24 Page 3 of the report, line 3, strike ""SHALL CREATE AN INITIAL LIST OF".
25
26 Page 3 of the report, strike lines 4 through 6 and substitute ""SHALL,
27 PURSUANT TO SUBSECTION (1)(i)(III) OF THIS SECTION,".".
28
29 Page 3 of the report, line 8, strike "POLLUTANTS."." and substitute
30 "POLLUTANTS AS TOXIC AIR CONTAMINANTS.".".
31
32 Page 3 of the report, strike line 13 and substitute "POLLUTANTS,
33 INCLUDING DATA REPORTED TO THE DIVISION CONCERNING THE EMISSIONS
34 OF TOXIC AIR POLLUTANTS;".
35
36 Page 3 of the report, strike lines 14 through 18.
37
38 Page 3 of the report, line 28, strike "WORKERS AT STATIONARY SOURCES,".
39
40 Page 4 of the report, strike line 1 and substitute:
41
42 "Page 12 of the printed bill, line 6, strike "emissions inventory reports"
43 and substitute "toxic emissions reporting program - study -".".
44
45 Page 4 of the report, line 19, strike "THE STATIONARY SOURCE" and
46 substitute "CATEGORIES OF STATIONARY SOURCES".
47
48 Page 4 of the report, lines 20 and 21, strike "IS A MAJOR SOURCE,
49 SYNTHETIC MINOR SOURCE, OR MINOR SOURCE;" and substitute "ARE
50 SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO
51 SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, OR MINOR SOURCES;".
52
53 Page 5 of the report, line 5, after "THAT" insert "MAY".
54
55
1 Page 5 of the report, line 6, strike "EMISSIONS INVENTORY" and substitute
2 "TOXIC EMISSIONS".
3
4 Page 5 of the report, line 7, after "FOR" insert "OPERATIONS AND
5 EMISSIONS OCCURRING IN".
6
7 Page 5 of the report, strike line 12.
8
9 Page 5 of the report, line 24, strike "JULY 1, 2025, AND BY JULY 1" and
10 substitute "OCTOBER 1, 2025, AND BY OCTOBER 1".
11
12 Page 6 of the report, line 12, strike "PROGRAM" and substitute "PROGRAM,
13 AND THE COSTS ASSOCIATED WITH ADDITIONAL MONITORING SITES,".
14
15 Page 6 of the report, strike lines 20 through 23 and substitute:
16
17 "Page 18 of the bill, strike lines 21 through 23 and substitute:
18
19 "(6) Health-based standards - rules. (a) NO LATER THAN
20 DECEMBER 31, 2023, THE COMMISSION SHALL IDENTIFY UP TO FIVE
21 PRIORITY TOXIC AIR CONTAMINANTS BASED ON EXISTING DATA AVAILABLE
22 TO THE COMMISSION.
23 (b) THE COMMISSION SHALL ADOPT RULES THAT:".
24
25 Reletter succeeding paragraphs accordingly.".
26
27 Page 6 of the report, line 24, after "FIVE" insert "ADDITIONAL".
28
29 Page 6 of the report, strike lines 26 through 29 and substitute:
30
31 "Page 19 of the bill, strike lines 4 through 6 and substitute:
32
33 "(C) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF
34 TOXIC AIR POLLUTANTS;".".
35
36 Page 6 of the report, strike lines 33 and 34.
37
38 Page 7 of the report, strike lines 2 and 3 and substitute ""SEPTEMBER 1,
39 2030, AND AT LEAST".
40
41 Page 20 of the bill, line 10, strike "OR MORE FREQUENTLY IF THE".
42
43 Page 20 of the bill, strike lines 11 through 15 and substitute "THE
44 COMMISSION SHALL:".".
45
46 Page 7 of the report, strike lines 6 and 7 and substitute "Page 20 of the
47 bill, strike lines 19 through 22.
48
49 Renumber succeeding subparagraphs accordingly.".
50
51 Page 7 of the report, strike line 10 and substitute:
52 ""(7) Emission control regulations - rules. (a) NO LATER THAN
53 SEPTEMBER 30, 2024, THE COMMISSION SHALL ADOPT EMISSION CONTROL
54 REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
55 CONTAMINANT IDENTIFIED PURSUANT TO SUBSECTION (6)(a) OF THIS
56 SECTION.
1 (b) NO LATER THAN".
2
3 Page 7 of the report, line 11, strike "JULY 1, 2026," and substitute
4 "SEPTEMBER 30, 2026,".
5
6 Page 7 of the report, strike lines 12 through 15 and substitute
7 "REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
8 CONTAMINANT.".
9
10 Page 7 of the report, line 16, strike "(b)" and substitute "(c)".
11
12 Page 7 of the report, line 16, before "IN" insert "EMISSION CONTROL
13 REGULATIONS SHALL BE DESIGNED TO REDUCE EMISSIONS OF PRIORITY
14 TOXIC AIR CONTAMINANTS TO THE MAXIMUM DEGREE ACHIEVABLE,
15 TAKING INTO ACCOUNT ENERGY, ENVIRONMENTAL, AND ECONOMIC
16 IMPACTS AND OTHER COSTS.".
17
18 Page 7 of the report, line 20, strike "JURISDICTIONS;" and substitute "BY
19 THE FEDERAL GOVERNMENT;".
20
21 Page 7 of the report, strike lines 22 through 29 and substitute "FROM
22 DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES, INCLUDING
23 SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO
24 SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;".
25 Page 22 of the bill, strike lines 1 through 3.
26
27 Renumber succeeding subparagraphs accordingly.".
28
29 Page 8 of the report, strike lines 2 through 5 and substitute:
30
31 "Page 22 of the bill, line 7, after the semicolon, add "AND".
32
33 Page 22 of the bill, strike lines 8 through 14.
34
35 Renumber succeeding subparagraphs accordingly.".
36
37 Page 8 of the report, strike lines 7 and 8 and substitute:
38
39 "Page 22 of the bill, strike lines 17 through 25 and substitute
40 "CONTAMINANT.
41 (c) FOR NEW OR MODIFIED SOURCES OF PRIORITY TOXIC AIR
42 CONTAMINANTS, THE COMMISSION SHALL ADOPT EMISSION CONTROL
43 REGULATIONS THAT ARE MORE STRINGENT THAN THOSE IDENTIFIED
44 PURSUANT TO SUBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION WITHOUT
45 REGARD TO ECONOMIC IMPACTS.
46 (d) BEGINNING NO LATER THAN SEPTEMBER 30, 2031, AND AT
47 LEAST EVERY FIVE YEARS THEREAFTER, THE COMMISSION SHALL:".
48
49 Renumber succeeding paragraphs accordingly.".
50
51 Page 8 of the report, strike lines 20 through 28.
52
53 Strike page 9 of the report.
54
55 Page 10 of the report, strike lines 1 through 26 and substitute:
1 "Page 23 of the bill, strike lines 16 through 27.
2
3 Strike pages 24 and 25 of the bill.
4
5 Page 26 of the bill, strike lines 1 through 20 and substitute:
6
7 "(8) Air pollution regulation for sources of toxic air
8 contaminants - assessment. (a) NO LATER THAN DECEMBER 31, 2025,
9 THE DIVISION SHALL CONDUCT AN ASSESSMENT TO DETERMINE THE NEEDS
10 OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO
11 REGULATE NEW, MODIFIED, AND EXISTING STATIONARY SOURCES THAT
12 EMIT LEVELS OF PRIORITY TOXIC AIR CONTAMINANTS, REFERRED TO IN THIS
13 SUBSECTION (8) AS THE "AIR TOXICS PERMITTING PROGRAM".
14 (b) THE ASSESSMENT MUST:
15 (I) EVALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW,
16 MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR
17 CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS;
18 (II) EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE
19 SCOPE OF THE AIR TOXICS PERMITTING PROGRAM, INCLUDING THE TYPES
20 OF PERMITS, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS
21 OF THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM;
22 (III) IDENTIFY THE TYPES OF STATIONARY SOURCES OR
23 CONDITIONS THAT COULD PROMPT THE REOPENING OF AN AIR PERMIT BY
24 THE DIVISION TO ADDRESS EMISSIONS OF PRIORITY TOXIC AIR
25 CONTAMINANTS; AND
26 (IV) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR:
27 (A) THE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD
28 BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM;
29 (B) THE ASSESSMENT OF PUBLIC HEALTH RISKS ASSOCIATED WITH
30 A STATIONARY SOURCE'S EMISSIONS OF PRIORITY TOXIC AIR
31 CONTAMINANTS; AND
32 (C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES
33 DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS
34 FROM A STATIONARY SOURCE THROUGH PERMITTING; AND
35 (V) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
36 THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR
37 EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS.
38 (c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
39 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
40 OPPORTUNITY TO COMMENT ON THE ASSESSMENT. THE DIVISION SHALL
41 ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
42 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
43 STATIONARY SOURCES ON THE ASSESSMENT.
44 (d) IN FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE
45 IN THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE
46 PUBLIC, WORKERS AT STATIONARY SOURCES, AND DISPROPORTIONATELY
47 IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE
48 TO THE ASSESSMENT BASED ON SUCH COMMENTS.
49 (e) THE DIVISION SHALL REPORT ON THE ASSESSMENT TO THE
50 HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
51 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
52 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
53 COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
54 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
55 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
1 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
2
3 Renumber succeeding subsection accordingly.".
4
5 Amendment No. 4, by Representative Gonzales-Gutierrez.
6
20 7 Amend the Kennedy floor amendment (HB1244_L.027), page 4, lines
8 and 21, strike "SECTION WITHOUT REGARD TO ECONOMIC IMPACTS." and
9 substitute "SECTION. THE COMMISSION SHALL ALSO ADOPT AN EMISSIONS
10 THRESHOLD BELOW WHICH NEW EMISSION SOURCES SHALL NOT BE
11 REQUIRED TO COMPLY WITH THE MORE STRINGENT EMISSION CONTROL
12 REGULATIONS.".
13
14 Amendment No. 5, by Representative Kennedy.
15
16 Amend the Kennedy floor amendment (HB1244_L.027), page 1, line 11,
17 strike "AND" and substitute "OR".
18
19 Page 2 of the amendment, after line 1 insert:
20 "Page 3 of the report, strike lines 20 through 22 and substitute:
21
22 "Page 11 of the bill, strike lines 16 and 17 and substitute:
23 "(e) INFORMATION ABOUT THE TOXICITY OF AIR POLLUTANTS THAT
24 IS PUBLICLY AVAILABLE AND PEER-REVIEWED RELATED TO:".".".
25
26 Page 2 of the amendment, strike line 12 and substitute:
27 "Page 5 of the report, line 5, strike "ADOPT RULES THAT REQUIRE" and
28 substitute "CONSIDER THE ADOPTION OF RULES THAT ENSURE ANNUAL
29 REPORTS ON TOXIC AIR CONTAMINANTS ARE SUBMITTED TO THE DIVISION
30 AND MAY REQUIRE".".
31
32 Page 2 of the amendment, strike lines 25 through 30 and substitute:
33 ""(6) Health-based standards - rules. (a) THE COMMISSION
34 SHALL ADOPT RULES THAT:"
35
36 Page 3 of the amendment, strike line 1.
37
38 Page 3 of the amendment, strike lines 7 and 8 and substitute:
39 "Page 7 of the report, strike lines 2 and 3 and substitute ""SEPTEMBER 30,
40 2029, AND AT LEAST ONCE".".".
41
42 Page 3 of the amendment, strike lines 15 through 31.
43
44 Page 4 of the amendment, strike line 1 and substitute:
45 "Page 7 of the report, strike lines 10 through 17 and substitute:
46 ""(7) Emission control regulations - rules. (a) NO LATER THAN
47 APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
48 REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
49 CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY
50 IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF
51 PRIORITY TOXIC AIR CONTAMINANTS.
52 (b) IN DETERMINING THE EMISSION CONTROL REGULATIONS,".".
53
54
1 Amendment No. 6, by Representative Gonzales-Gutierrez.
2
3 Amend the Kennedy floor amendment (HB1244_L.027), page 1, line 27,
4 strike "(1)(i)."."." and substitute "(1)(j).".".".
5
6 Page 1 of the amendment, line 30, strike "(1)(i)(III)" and substitute
7 "(1)(j)(III)".
8
9 Page 3 of the amendment, after line 5 insert:
10
11 "Page 6 of the report, strike line 30.".
12
13 Page 4 of the amendment, strike lines 7 through 9 and substitute "SECTION
14 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;
15 (III) WHERE APPROPRIATE, THE MAXIMUM DEGREE OF REDUCTION
16 OF EACH PRIORITY TOXIC AIR CONTAMINANT THAT IS ACHIEVABLE AND
17 TECHNICALLY FEASIBLE , TAKING INTO ACCOUNT ENERGY ,
18 ENVIRONMENTAL, AND ECONOMIC IMPACTS AND OTHER COSTS PURSUANT
19 TO THE REQUIREMENTS DESCRIBED IN SECTION 25-7-110.8;".".".
20
21 Page 4 of the amendment, line 17, strike "OR MODIFIED" and substitute
22 "EMISSION".
23
24 Page 4 of the amendment, line 22, strike "2031," and substitute "2030,".
25
26 Page 4 of the amendment, line 23, after "LEAST" insert "ONCE".
27
28 Page 5 of the amendment, strike lines 17 through 20.
29
30 Page 5 of the amendment, line 21, strike "(IV)" and substitute "(III)".
31
32 Page 5 of the amendment, line 30, strike "(V)" and substitute "(IV)".
33
34 Amendment No. 7, by Representative Soper.
35
36 Amend the Kennedy floor amendment (HB1244_L.040), page 1, line 11,
37 after "TECHNICALLY" insert "AND ECONOMICALLY".
38
39 Amendment No. 8, by Representative Kennedy.
40
41 Amend the Kennedy floor amendment (HB1244_L.027), page 5, line 44,
42 after "ASSESSMENT" insert "AND PROVIDE RECOMMENDATIONS".
43
44 Amendment No. 9, by Representative Gonzales-Gutierrez.
45
46 Amend the Energy and Environment Committee Report, page 8, after line
47 19 insert:
48
49 "Page 23 of the bill, after line 15 insert:
50
51
1 "(f) THE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER
2 THIS SUBSECTION (7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING
3 RESOURCE LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER
4 THAN JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC
5 UTILITIES COMMISSION CREATED IN SECTION 40-2-101 (1) AS PART OF AN
6 ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS
7 PART OF A CLEAN ENERGY PLAN.".".
8
9 Amendment No. 10, by Representative Kennedy.
10
11 Amend printed bill, page 4, line 5, strike "prevent" and substitute "avoid,
12 minimize, or mitigate".
13
14 Page 5, line 3, strike "airborne".
15
16 Page 5, strike line 4 and substitute "emission control regulations.".
17
18 Page 5, line 7, after "annual" insert "toxic".
19
20 Page 5, line 8, strike "inventory reports" and substitute "reporting
21 program".
22
23 Page 5, strike lines 12 through 17.
24
25 Reletter succeeding paragraphs accordingly.
26
27 Page 5, line 18, strike "THE ADVERSE" and substitute "THE DETRIMENTAL".
28
29 Page 5, line 20, strike "AND SYNERGISTIC".
30
31 Page 6, line 19, strike "PURSUANT TO" and substitute "THAT IS AT LEAST
32 AS STRINGENT AS".
33
34 Page 6, strike lines 23 through 25.
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 7, strike lines 1 through 5.
39
40 Reletter succeeding paragraphs accordingly.
41
42 Page 7, strike line 17 and substitute "EXPOSURE LIMITS FOR PRIORITY
43 TOXIC AIR CONTAMINANTS".
44
45 Page 7, strike line 27.
46
47 Page 8, strike lines 1 through 6 and substitute:
48
49 "(g) (I) "SCIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO ARE
50 PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC RESEARCH
51 ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC SUBSTANCES
52 AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY, ONCOLOGY,
53 EPIDEMIOLOGY, OR TOXICOLOGY.
54
1 (II) "SCIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH
2 EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS OR METEOROLOGY
3 OR EXPERIENCE ASSESSING THE IMPACTS OF EMISSIONS OF TOXIC AIR
4 CONTAMINANTS ON CONCENTRATIONS IN THE AMBIENT AIR.".
5
6 Reletter succeeding paragraphs accordingly.
7
8 Page 8, strike lines 18 through 20 and substitute "OF THIS SECTION.".
9
10 Page 8, line 21, strike "LAW" and substitute "LIMITATION IN THIS ARTICLE
11 7".
12
13 Page 8, strike lines 25 through 27.
14
15 Page 9, strike line 1.
16
17 Page 10, line 18, before "BEGINNING" insert "THE DIVISION SHALL
18 PUBLISH AN INITIAL LIST OF THE TOXIC AIR CONTAMINANTS DESIGNATED
19 IN SUBSECTIONS (1)(i)(I) AND (1)(i)(II) OF THIS SECTION BY OCTOBER 1,
20 2022." and strike "JANUARY 1, 2024," and substitute "SEPTEMBER 1,
21 2030,".
22
23 Page 10, line 22, strike "ADD" and substitute "DESIGNATE".
24
25 Page 10, line 23, strike "A" and substitute "AN EXPEDITED".
26
27 Page 10, line 27, strike "ADDITIONAL REVIEW." and substitute "EXPEDITED
28 CONSIDERATION FOR DESIGNATION AS A TOXIC AIR CONTAMINANT. IF THE
29 COMMISSION UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR
30 POLLUTANT FOR DESIGNATION AS A TOXIC AIR CONTAMINANT, THE
31 COMMISSION'S NEXT REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE
32 PLACE NO LATER THAN FIVE YEARS AFTER THE EXPEDITED
33 CONSIDERATION. IN DETERMINING WHETHER ANY AIR POLLUTANT SHOULD
34 BE DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT, THE
35 COMMISSION SHALL CONSIDER:".
36
37 Page 11, strike line 1.
38
39 Page 12, line 5, strike "STATES AND JURISDICTIONS." and substitute
40 "STATES.".
41
42 Page 12, line 9, strike "EMISSIONS INVENTORY" and substitute "TOXIC
43 EMISSIONS".
44
45 Page 12, line 11, strike "AND CRITERIA AIR POLLUTANT".
46
47 Page 12, line 14, strike "EMISSIONS INVENTORY" and substitute "TOXIC
48 EMISSIONS".
49
50 Page 15, line 1, strike "EMISSIONS INVENTORY" and substitute "TOXIC
51 EMISSIONS".
52
53 Page 15, line 3, strike "EMISSIONS INVENTORY" and substitute "TOXIC
54 EMISSIONS".
55
1 Page 15, line 14, strike "ANNUAL" and strike "OR CRITERIA".
2
3 Page 15, line 15, strike "AIR POLLUTANT".
4
5 Page 15, line 17, strike "OR CRITERIA AIR POLLUTANT" and strike
6 "EMISSIONS INVENTORY" and substitute "TOXIC EMISSIONS".
7
8 Page 15, line 27, strike "LONG-TERM" and strike "IN" and substitute
9 "COVERING".
10
11 Page 16, line 2, strike "LONG-TERM".
12
13 Page 16, line 4, strike "LONG-TERM".
14
15 Page 16, line 26, strike "COMMISSION MUST SPECIFY BY RULE" and
16 substitute "DIVISION MUST SPECIFY".
17
18 Page 17, line 1, strike "THE MONITORING SITES," and substitute "ANY NEW
19 MONITORING SITE,".
20
21 Page 17, line 8, strike " COMMUNITY AND AT THE GREATEST RISK" and
22 substitute "COMMUNITY.".
23
24 Page 17, strike line 9.
25
26 Page 18, line 24, strike "IDENTIFY" and substitute "NO LATER THAN
27 DECEMBER 31, 2025, IDENTIFY" and strike "BASED ON:" and substitute
28 "CONSIDERING:".
29
30 Page 19, line 8, strike "11023;"." and substitute "11023 AND DATA
31 PREPARED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S AIR
32 TOXICS SCREENING ASSESSMENT (AIRTOXSCREEN) PROGRAM;" and strike
33 "AND".
34
35 Page 19, line 9, strike "AVAILABLE" and substitute "SUBMITTED" and after
36 "COMMISSION" insert "DURING THE RULE-MAKING PROCESS".
37
38 Page 19, after line 11 insert:
39
40 "(F) INPUT FROM THE SCIENTIFIC COMMUNITY; AND".
41
42 Page 19, line 12, strike "ESTABLISH" and substitute "NO LATER THAN
43 SEPTEMBER 30, 2026, ESTABLISH".
44
45 Page 19, line 13, strike "HEALTH AND" and substitute "HEALTH.".
46
47 Page 19, strike line 14.
48
49 Page 19, line 17, strike "REVIEW" and substitute "CONSIDER".
50
51 Page 19, line 19, strike "ACUTE OR CHRONIC HEALTH CONDITIONS;" and
52 substitute "ADVERSE HEALTH EFFECTS;".
53
54 Page 19, strike lines 20 through 22 and substitute:
55
1 "(II) CONSIDER STANDARDS ADOPTED IN OTHER STATES TO
2 REDUCE OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE
3 AMBIENT AIR;".
4
5 Page 20, strike lines 7 and 8 and substitute:
6
7 "(VI) CONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH
8 HOLDING AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS
9 CONSULTATION.".
10
11 Page 20, line 17, strike "BASED ON" and substitute "CONSIDERING".
12
13 Page 20, line 27, strike "AND" and substitute "AND, IF A DETERMINATION
14 IS MADE TO REVISE ANY EXISTING HEALTH-BASED STANDARD, THE
15 COMMISSION MUST , WITHIN TWELVE MONTHS AFTER THE
16 DETERMINATION,".
17
18 Page 21, after line 1 insert:
19
20 "(d) NO MORE THAN TWELVE MONTHS AFTER THE COMMISSION
21 MAKES THE DETERMINATION PURSUANT TO SECTION (6)(c)(I) OF THIS
22 SECTION, THE COMMISSION SHALL ADOPT HEALTH-BASED STANDARDS FOR
23 ANY ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IN ACCORDANCE
24 WITH SUBSECTION (6)(b) OF THIS SECTION.".
25
26 Page 21, line 17, after "SHALL" insert "PRIORITIZE REDUCTIONS OF
27 EMISSIONS IN DISPROPORTIONATELY IMPACTED COMMUNITIES WITH
28 MULTIPLE SOURCES OF EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS,
29 AND SHALL".
30
31 Page 22, line 7, after "TECHNOLOGIES;" insert "AND".
32
33 Page 22, strike line 17 and substitute "CONTAMINANT.".
34
35 Page 27, line 2, after "(2)," insert "(3)(a)(I),".
36
37 Page 28, after line 3 insert:
38
39 "(3) (a) (I) As soon as adequate scientific, technological, and
40 hazardous air pollutant emissions information is available, the
41 commission may promulgate regulations for the control of hazardous air
42 pollutants, INCLUDING utilizing Colorado GACT or Colorado MACT
43 technology-based emission reduction requirements, as defined in section
44 25-7-103 (6.7) and (6.8).".
45
46 Page 28, line 4, strike "(3)(b)" and substitute "(b)".
47
48 Amendment No. 11, by Representative Kennedy.
49
50 Amend the Kennedy floor amendment (HB1244_L.026), page 1, after
51 line 10 insert:
52
53 "Page 5 of the bill, line 19, strike "TOXIC AIR CONTAMINANT EMISSIONS,"
54 and substitute "EMISSIONS OF A TOXIC AIR CONTAMINANT,".".
55
1 Page 1 of the amendment, after line 11 insert:
2
3 "Page 5 of the bill, line 21, after "EMISSIONS" insert "OF THE TOXIC AIR
4 CONTAMINANT".".
5
6 Page 1 of the amendment, strike lines 18 and 19 and substitute:
7
8 "Page 7 of the bill, strike line 17 and substitute "CHRONIC EXPOSURE
9 LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT".".
10
11 Page 1 of the amendment, after line 19 insert:
12
13 "Page 7 of the bill, strike lines 25 and 26.
14
15 Renumber succeeding paragraphs accordingly.".
16
17 Page 2 of the amendment, line 5, strike "ATMOSPHERIC PHYSICS OR
18 METEOROLOGY" and substitute "ATMOSPHERIC PHYSICS, METEOROLOGY,
19 OR AMBIENT MONITORING".
20
21 Page 2 of the amendment, line 17, strike ""SEPTEMBER 1," and substitute
22 ""SEPTEMBER 30,".
23
24 Page 3 of the amendment, strike line 2 and substitute:
25
26 "Page 12 of the bill, strike line 11 and substitute "EMITTED BY EACH
27 SOURCE REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO SECTION
28 25-7-114.3 AND EACH".".
29
30 Page 3 of the amendment, line 25, strike "2025," and substitute "2024,".
31
32 Amendment No. 12, by Representative Soper.
33
34 Amend the Kennedy floor amendment (HB1244_L.026), page 3, after
35 line 26 insert:
36
37 "Page 18 of the bill, strike line 25.
38
39 Page 18 of the bill, strike lines 26 and 27.
40
41 Page 19 of the bill, strike lines 1 through 3 and substitute:
42 "(A) EXISTING DATA CONCERNING TOXIC AIR CONTAMINANTS
43 GATHERED THROUGH DIVISION MONITORING PROGRAMS;".".
44
45 Reletter succeeding sub-subparagraphs accordingly.
46
47 Page 4 of the amendment, after line 3 insert:
48 "Page 19 of the bill, line 11, strike "STATE;" and substitute "STATE,
49 INCLUDING DATA COLLECTED THROUGH COMMUNITY-LED MONITORING
50 PROGRAMS;".".
51
52 Page 4 of the amendment, line 7, strike "2026," and substitute "2025,".
53
54 Page 4 of the amendment, strike lines 8 and 9 and substitute:
55
1 "Page 19 of the bill, strike line 14 and substitute "IDENTIFY THE
2 ACCEPTABLE RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS.".".
3
4 Page 4 of the amendment, after line 16 insert:
5 "Page 20 of the bill, line 1, strike "ANY CANCER-RELATED HEALTH".
6
7 Page 20 of the bill, strike lines 2 and 3.
8
9 Page 20 of the bill, line 6, after "TO" insert "PRIORITY".".
10
11 Page 4 of the amendment, after line 21 insert:
12
13 "Page 20 of the bill, after line 22 insert:
14 "(II) DETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS
15 FOR PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF
16 HEALTH-BASED STANDARDS DETERMINED BY THE COMMISSION BY RULE;
17 (III) DETERMINE WHETHER TO REVISE THE ACCEPTABLE CANCER
18 RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS;".
19 Renumber succeeding subparagraphs accordingly.".
20
21 Amendment No. 13, by Representative Kennedy.
22
23 Amend printed bill, page 3, line 7, after "sources" insert "and background
24 levels in the ambient air".
25
26 Page 4, line 19, strike "data;" and substitute "data, including consideration
27 of background levels in the ambient air;".
28
29 Page 6, after line 27 insert:
30
31 "(h) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
32 MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).".
33
34 Reletter succeeding paragraphs accordingly.
35
36 Page 12, line 7, strike "APRIL 1" and substitute "JUNE 30" and strike
37 "APRIL 1," and substitute "JUNE 30,".
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
41

House Journal, May 5
20 Amend the Energy and Environment Committee Report, dated April 7,
2 21 2022, page 10, strike line 26 and substitute "GOVERNMENT ACT", PART
22 OF ARTICLE 7 OF TITLE 2.
23 (10) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
24 CONTRARY, THE REGULATIONS AND REQUIREMENTS DESCRIBED IN THIS
25 SECTION APPLY ONLY IN AREAS OF THE STATE THAT ARE CLASSIFIED BY
26 THE COMMISSION AS NONATTAINMENT AREAS PURSUANT TO SECTION
27 25-7-107 .".".
28
29 The amendment was declared lost by the following roll call vote:
30
31 YES 23 NO 40 EXCUSED 2 ABSENT
32 Amabile N Exum N Lynch Y Sirota N
33 Bacon N Froelich N McCluskie N Snyder N
34 Baisley Y Geitner Y McCormick N Soper Y
35 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
36 Bernett N Gray E McLachlan N Tipper N
37 Bird N Hanks Y Michaelson Jenet N Titone N
38 Bockenfeld Y Herod N Mullica N Valdez A. N
39 Boesenecker N Holtorf Y Neville Y Valdez D. N
40 Bradfield Y Hooton N Ortiz N Van Beber Y
41 Caraveo N Jodeh N Pelton Y Van Winkle Y
42 Carver Y Kennedy N Pico Y Weissman N
43 Catlin Y Kipp N Ransom Y Will Y
44 Cutter N Larson Y Rich Y Williams E
45 Daugherty N Lindsay N Ricks N Woodrow N
46 Duran N Lontine N Roberts N Woog Y
47 Esgar N Luck Y Sandridge Y Young N
48 Speaker N

Senate Journal, May 9
After consideration on the merits, the Committee recommends that HB22-1244 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 5, lines 21 and 22, strike "EXCEPT AS PROVIDED
IN SECTION 25-7-109.5, emission" and substitute "Emission".

Page 6, line 19, strike "(1)(j)." and substitute "(1)(i).".

Page 6, line 24, strike "air pollution permits" and substitute "air toxics
permitting program assessment".

Page 6, line 25, strike "enforcement -".

Page 7, line 25, strike "EFFECTS," and substitute "EFFECTS OF THAT PRIORITY
TOXIC AIR CONTAMINANT,".

Page 8, line 4, strike "TOXIC AIR CONTAMINANTS" and substitute "A TOXIC AIR
CONTAMINANT".

Page 9, line 8, before "THE" insert "(a)".

Page 9, line 10, strike "IN" and substitute "PURSUANT TO".

Page 9, strike line 11 and substitute "THIS SECTION BY OCTOBER 1, 2022.
(b) BEGINNING NO LATER THAN".

Page 9, line 14, strike "(1)(j)(III)" and substitute "(1)(i)(III)".

Page 9, line 16, strike "BY RULE".

Page 9, strike line 17 and substitute "TOXIC AIR CONTAMINANTS.
(c) THE COMMISSION MAY DETERMINE THAT AN".

Page 9, strike line 27 and substitute "EXPEDITED CONSIDERATION.
(d) IN DETERMINING WHETHER ANY AIR".

Page 10, line 3, strike "(a)" and substitute "(I)".

Page 10, line 4, strike "(b)" and substitute "(II)" and strike "ANY EXISTING" and
substitute "EXISTING".

Page 10, strike lines 5 and 6 and substitute "POLLUTANTS, INCLUDING DATA
REPORTED TO:
(A) THE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
POLLUTANTS; AND
(B) THE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42 U.S.C.
SEC. 11023 OR PREPARED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY'S AIR TOXICS SCREENING ASSESSMENT (AIRTOXSCREEN) PROGRAM;".

Page 10, line 7, strike "(c)" and substitute "(III)" and after "INFORMATION"
insert "SUBMITTED TO THE COMMISSION".

Page 10, line 9, strike "(I)" and substitute "(A)".

Page 10, line 10, strike "(II)" and substitute "(B)".

Page 10, line 11, strike "(III)" and substitute "(C)".

Page 10, line 12, strike "(IV)" and substitute "(D)".

Page 10, line 13, strike "(V)" and substitute "(E)".

Page 10, line 19, strike "(d)" and substitute "(IV)".

Page 10, lines 23 and 24, strike "MAJOR SOURCES AND SYNTHETIC MINOR
SOURCES" and substitute "SOURCES REQUIRED TO HAVE AN OPERATING PERMIT
PURSUANT TO SECTION 25-7-114.3 AND SYNTHETIC MINOR SOURCES".

Page 10, strike lines 26 and 27 and substitute "EMITTED BY EACH SOURCE".

Page 11, line 7, strike "APRIL 1" and substitute "JUNE 30".

Page 11, line 9, strike "APRIL 1" and substitute "JUNE 30".

Page 12, line 11, strike "JULY 1, 2024," and substitute "OCTOBER 1, 2024,".

Page 12, line 13, strike "DECEMBER 31, 2024," and substitute "APRIL 30, 2025,".

Page 12, line 21, strike "MINIMUS" and substitute "MINIMIS".

Page 14, line 21, strike "MAY 1, 2025, AND BY MAY 1" and substitute "JULY 1,
2025, AND BY JULY 1".

Page 16, line 3, strike "DECEMBER 31, 2024," and substitute "APRIL 30, 2025,".

Page 16, line 20, strike "SEPTEMBER 30, 2025," and substitute "APRIL 30,
2026,".

Page 16, lines 22 and 23, strike "ACCEPTABLE RISK LEVEL FOR EXPOSURE TO
HUMAN CARCINOGENS." and substitute "EXCESS CANCER AND NON-CANCER RISK
LEVELS FOR USE IN SETTING THE HEALTH-BASED STANDARDS.".

Page 16, lines 26 and 27, strike "SCIENTIFIC DATA" and substitute "TOXICITY
VALUES".

Page 16, line 27, before "TOXIC" insert "PRIORITY".

Page 17, line 5, before "TOXIC" insert "PRIORITY".

Page 17, line 26, strike "STANDARDS DETERMINED BY THE COMMISSION BY
RULE;" and substitute "STANDARDS;".

Page 17, line 27, strike "ACCEPTABLE CANCER".

Page 18, strike line 1 and substitute "EXCESS CANCER AND NON-CANCER RISK
LEVELS FOR USE IN SETTING THE HEALTH-BASED STANDARDS;".

Page 18, strike lines 22 through 24 and substitute "COMMISSION SHALL".

Page 19, line 6, strike "WHERE APPROPRIATE, THE MAXIMUM" and substitute
"THE".

Page 19, strike lines 11 through 13.

Renumber succeeding subparagraphs accordingly.

Page 19, lines 23 and 24, strike "IDENTIFIED PURSUANT TO SUBSECTIONS (7)(a)
AND (7)(b) OF THIS SECTION." and substitute "ADOPTED FOR EXISTING EMISSION
SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS.".

Page 19, line 25, strike "SHALL" and substitute "MAY".

Page 22, strike lines 12 through 18.


Finance After consideration on the merits, the Committee recommends that 121064 be amended as
follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend reengrossed bill, page 9, strike line 23 and substitute:

"(c) THIS SECTION DOES NOT APPLY TO THE SALE OF UP TO ONE CARTON
OF MENTHOL CIGARETTES PER PERSON PER DAY AT A CIGAR-TOBACCO BAR,".

Page 9, strike line 27.

Page 10, strike lines 1 and 2.

Senate Journal, March 3
After consideration on the merits, the Committee recommends that SB22-051 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend the Transportation & Energy Committee Report, dated February 8,
2022, page 1, line 6, strike "air-source and ground-source".

Page 1 of the committee report, line 19, strike "AIR-SOURCE AND
GROUND-SOURCE".

Page 1 of the committee report, lines 22 and 23, strike "AIR-SOURCE AND
GROUND-SOURCE".

Page 1 of the committee report, line 25, strike "THOSE".

Page 2 of the committee report, line 1, strike "AIR-SOURCE AND
GROUND-SOURCE".

Page 2 of the committee report, line 3, strike "BUSINESSES," and substitute
"BUSINESSES".

Page 2 of the committee report, strike lines 5 and 6 and substitute "AND TAKE
ADVANTAGE OF LATENT HEAT SOURCES AND AVAILABLE RENEWABLE POWER
DURING LOW DEMAND PERIODS.".

Page 2 of the committee report, lines 14 and 15, strike "AIR-SOURCE AND
GROUND-SOURCE".

Page 2 of the committee report, line 22, strike "AIR-SOURCE AND
GROUND-SOURCE".

Page 2 of the committee report, strike lines 33 through 43.

Page 3 of the committee report, strike lines 1 through 14 and substitute:

"(c) "HEAT PUMP SYSTEM" MEANS AN AIR-SOURCE HEAT PUMP SYSTEM,
GROUND-SOURCE HEAT PUMP SYSTEM, WATER-SOURCE HEAT PUMP SYSTEM, OR
VARIABLE REFRIGERANT FLOW HEAT PUMP SYSTEM.
(d) "HEAT PUMP WATER HEATER" HAS THE SAME MEANING SET FORTH
IN SECTION 39-26-731 (2)(b).
(e) "PURCHASER" MEANS A TAXPAYER WHO IS THE BUYER OF A HEAT
PUMP SYSTEM OR HEAT PUMP WATER HEATER.
(f) "SELLER" MEANS THE ENTITY THAT SELLS A HEAT PUMP SYSTEM OR
HEAT PUMP WATER HEATER TO A PURCHASER.
(g) "WATER-SOURCE HEAT PUMP SYSTEM" HAS THE SAME MEANING SET
FORTH IN SECTION 39-26-731 (2)(e).
(h) "VARIABLE REFRIGERANT FLOW HEAT PUMP SYSTEM" HAS THE SAME
MEANING SET FORTH IN SECTION 39-26-731 (2)(f).
(3) (a) SUBJECT TO THE PROVISIONS OF SUBSECTION (4) OF THIS
SECTION, FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2023,
BUT BEFORE JANUARY 1, 2033, ANY PURCHASER THAT INSTALLS A RESIDENTIAL
OR COMMERCIAL HEAT PUMP SYSTEM OR THAT INSTALLS A RESIDENTIAL OR
COMMERCIAL HEAT PUMP WATER HEATER IS ALLOWED A CREDIT AGAINST THE
TAX IMPOSED BY THIS ARTICLE 22 IN AN AMOUNT EQUAL TO TEN PERCENT OF
THE PURCHASE PRICE OF THE HEAT PUMP SYSTEM OR HEAT PUMP WATER
HEATER.
(b) THE CREDIT ALLOWED PURSUANT TO THIS SECTION IS FOR THE
INCOME TAX YEAR IN WHICH THE HEAT PUMP SYSTEM OR HEAT PUMP WATER
HEATER IS PURCHASED.
(4) (a) (I) TO BE ELIGIBLE TO CLAIM A TAX CREDIT PURSUANT TO THIS
SECTION, THE PURCHASER SHALL CERTIFY, AS SPECIFIED IN SUBSECTION (4)(b)
OF THIS SECTION, THAT ALL NECESSARY MECHANICAL, PLUMBING, AND
ELECTRICAL WORK PERFORMED IN CONNECTION WITH THE INSTALLATION OF A
HEAT PUMP SYSTEM OR HEAT PUMP WATER HEATER IN A NEW OR EXISTING
INDUSTRIAL, COMMERCIAL, OR MULTIFAMILY RESIDENTIAL BUILDING
CONTAINING TWENTY THOUSAND SQUARE FEET OR MORE OF CONDITIONED
FLOOR SPACE WAS OR WILL BE PERFORMED BY A CONTRACTOR ON THE CERTIFIED
CONTRACTOR LIST CREATED PURSUANT TO SECTION 40-3.2-105.6 (3)(a), OR BY
EMPLOYEES OF A UTILITY, SUBJECT TO STATE LICENSING REQUIREMENTS AND
ALL APPLICABLE STATE AND LOCAL RULES, CODES, AND STANDARDS.
(II) THE REQUIREMENTS OF THIS SUBSECTION (4)(a) DO NOT APPLY TO
THE INSTALLATION OF A HEAT PUMP SYSTEM OR HEAT PUMP WATER HEATHER
THAT IS LIMITED TO IN-UNIT WORK IN A MULTIFAMILY BUILDING OR UNIT AND
THAT IS INITIATED BY THE OWNER OR TENANT OF THE MULTIFAMILY BUILDING
OR UNIT.
(b) THE PURCHASER SHALL CERTIFY, IN A FORM AND MANNER TO BE
DETERMINED BY THE DEPARTMENT OF REVENUE, THAT THE HEAT PUMP SYSTEM
OR HEAT PUMP WATER HEATER WAS OR WILL BE INSTALLED IN ACCORDANCE
WITH THE PROVISIONS OF SUBSECTION (4)(a) OF THIS SECTION, IF APPLICABLE.
THE SELLER SHALL PROVIDE THE CERTIFICATION TO THE TAXPAYER FOR THE
PURPOSES OF SUBSECTION (5) OF THIS SECTION.
(5) (a) A PURCHASER SHALL ASSIGN THE TAX CREDIT ALLOWED IN THIS
SECTION TO THE PURCHASER'S SELLER AS FOLLOWS:
(I) THE ASSIGNMENT TO THE SELLER MUST BE COMPLETED AT THE TIME
OF PURCHASE OF A NEW HEAT PUMP SYSTEM OR HEAT PUMP WATER HEATER BY
ENTERING INTO AN AGREEMENT AS SET FORTH IN SUBSECTION (5)(c) OF THIS
SECTION;
(II) THE PURCHASER MUST CERTIFY IN WRITING THAT THE PURCHASER
WILL COMPLY WITH THE PROVISIONS REGARDING INSTALLATION OF THE HEAT
PUMP SYSTEM OR HEAT PUMP WATER HEATER SPECIFIED IN SUBSECTION (4) OF
THIS SECTION, IF APPLICABLE;
(III) THE PURCHASER SHALL ASSIGN THE TAX CREDIT TO THE SELLER
AND FORFEIT THE RIGHT TO CLAIM THE TAX CREDIT ON THE PURCHASER'S TAX
RETURN IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION; AND
(IV) THE SELLER SHALL COMPENSATE THE PURCHASER FOR THE FULL
NOMINAL VALUE OF THE TAX CREDIT. THE COMPENSATION PAID TO THE
PURCHASER IS CONSIDERED A REFUND OF STATE TAXES AND IS NOT STATE
TAXABLE INCOME.
(b) NOTWITHSTANDING SECTION 39-21-108 (3), IF A PURCHASER
ASSIGNS THE TAX CREDIT TO A SELLER PURSUANT TO THIS SUBSECTION (5), THE
SELLER RECEIVES THE FULL AMOUNT OF THE TAX CREDIT THAT THE PURCHASER
IS ALLOWED IN THIS SECTION. ANY UNPAID BALANCE OR UNPAID DEBT OF THE
PURCHASER MAY NOT BE CREDITED FROM THE AMOUNT OF THE TAX CREDIT
ALLOWED IN THIS SECTION.
(c) TO COMPLETE THE TAX CREDIT ASSIGNMENT, THE PURCHASER AND
THE SELLER SHALL ENTER INTO AN AGREEMENT THAT:
(I) INCLUDES THE PURCHASER'S WRITTEN CERTIFICATION TO COMPLY
WITH THE PROVISIONS REGARDING INSTALLATION OF THE HEAT PUMP SYSTEM
OR HEAT PUMP WATER HEATER SPECIFIED IN SUBSECTION (4) OF THIS SECTION,
IF APPLICABLE; AND
(II) AFFIRMS THAT THE REQUIREMENTS SPECIFIED IN SUBSECTION (5)(a)
OF THIS SECTION WERE MET.
(d) THE SELLER MAY AUTHORIZE AN AGENT OR A DESIGNEE TO SIGN THE
AGREEMENT ON ITS BEHALF.
(e) THE SELLER SHALL ELECTRONICALLY SUBMIT A REPORT CONTAINING
THE INFORMATION REQUIRED IN THE AGREEMENT DESCRIBED IN SUBSECTION
(5)(c) OF THIS SECTION TO THE DEPARTMENT OF REVENUE WITHIN THIRTY DAYS
OF THE PURCHASE OF A HEAT PUMP SYSTEM OR HEAT PUMP WATER HEATER IN
A FORM AND MANNER TO BE DETERMINED BY THE DEPARTMENT.
(f) THE SELLER SHALL ALSO FILE THE AGREEMENT DESCRIBED IN
SUBSECTION (5)(c) OF THIS SECTION WITH THE ORIGINAL TAX RETURN FOR THE
TAXABLE YEAR IN WHICH THE HEAT PUMP SYSTEM OR HEAT PUMP WATER
HEATER IS PURCHASED.
(g) THE DEPARTMENT OF REVENUE, IN CONSULTATION WITH THE
COLORADO ENERGY OFFICE, SHALL DEVELOP A MODEL REPORT AND AGREEMENT
NO LATER THAN DECEMBER 1, 2022.
(6) IF A CREDIT AUTHORIZED IN THIS SECTION EXCEEDS THE INCOME TAX
DUE ON THE INCOME OF THE PURCHASER FOR THE TAXABLE YEAR, THE EXCESS
CREDIT MAY NOT BE CARRIED FORWARD AND SHALL BE REFUNDABLE TO THE
TAXPAYER AND PAID TO THE SELLER TO WHICH THE TAXPAYER ASSIGNED THE
CREDIT.
(7) MAKING A PURCHASER AWARE OF THE INCOME TAX CREDIT
ALLOWED IN THIS SECTION OR HELPING A PURCHASER ASSIGN THE INCOME TAX
CREDIT TO A SELLER AS ALLOWED IN THIS SECTION DOES NOT RISE TO THE LEVEL
OF PROVIDING THE PURCHASER WITH UNAUTHORIZED TAX ADVICE.
(8) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2035.".

Page 3 of the committee report, strike lines 35 through 43.

Page 4 of the committee report, strike lines 1 through 12 and substitute:

"(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "ENERGY STORAGE SYSTEM" MEANS ANY COMMERCIALLY
AVAILABLE, CUSTOMER-SITED SYSTEM, INCLUDING BATTERIES AND THE
BATTERIES PAIRED WITH ON-SITE GENERATION, THAT IS CAPABLE OF RETAINING,
STORING, AND DELIVERING ENERGY BY CHEMICAL, THERMAL, MECHANICAL, OR
OTHER MEANS.
(b) "PURCHASER" MEANS A TAXPAYER WHO IS THE BUYER OF AN
ENERGY STORAGE SYSTEM.
(c) "SELLER" MEANS THE ENTITY THAT SELLS AN ENERGY STORAGE
SYSTEM.
(3) (a) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2023, BUT BEFORE JANUARY 1, 2033, ANY PURCHASER THAT INSTALLS AN
ENERGY STORAGE SYSTEM IN A RESIDENTIAL DWELLING IS ALLOWED A CREDIT
AGAINST THE TAX IMPOSED BY THIS ARTICLE 22 IN AN AMOUNT EQUAL TO TEN
PERCENT OF THE PURCHASE PRICE OF THE ENERGY STORAGE SYSTEM.
(b) THE CREDIT ALLOWED PURSUANT TO THIS SECTION IS FOR THE
INCOME TAX YEAR IN WHICH THE ENERGY STORAGE SYSTEM IS PURCHASED.
(4) (a) A PURCHASER SHALL ASSIGN THE TAX CREDIT ALLOWED IN THIS
SECTION TO THE PURCHASER'S SELLER AS FOLLOWS:
(I) THE ASSIGNMENT TO THE SELLER MUST BE COMPLETED AT THE TIME
OF PURCHASE OF A NEW ENERGY STORAGE SYSTEM BY ENTERING INTO AN
AGREEMENT AS SET FORTH IN SUBSECTION (4)(c) OF THIS SECTION;
(II) THE PURCHASER SHALL ASSIGN THE TAX CREDIT TO THE SELLER AND
FORFEIT THE RIGHT TO CLAIM THE TAX CREDIT ON THE PURCHASER'S TAX
RETURN IN EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION; AND
(III) THE SELLER SHALL COMPENSATE THE PURCHASER FOR THE FULL
NOMINAL VALUE OF THE TAX CREDIT. THE COMPENSATION PAID TO THE
PURCHASER IS CONSIDERED A REFUND OF STATE TAXES AND IS NOT STATE
TAXABLE INCOME.
(b) NOTWITHSTANDING SECTION 39-21-108 (3), IF A PURCHASER
ASSIGNS THE TAX CREDIT TO A SELLER PURSUANT TO THIS SUBSECTION (4), THE
SELLER RECEIVES THE FULL AMOUNT OF THE TAX CREDIT THAT THE PURCHASER
IS ALLOWED IN THIS SECTION. ANY UNPAID BALANCE OR UNPAID DEBT OF THE
PURCHASER MAY NOT BE CREDITED FROM THE AMOUNT OF THE TAX CREDIT
ALLOWED IN THIS SECTION.
(c) TO COMPLETE THE TAX CREDIT ASSIGNMENT, THE PURCHASER AND
THE SELLER SHALL ENTER INTO AN AGREEMENT THAT AFFIRMS THAT THE
REQUIREMENTS SPECIFIED IN SUBSECTION (4)(a) OF THIS SECTION WERE MET.
(d) THE SELLER MAY AUTHORIZE AN AGENT OR A DESIGNEE TO SIGN THE
AGREEMENT ON ITS BEHALF.
(e) THE SELLER SHALL ELECTRONICALLY SUBMIT A REPORT CONTAINING
THE INFORMATION REQUIRED IN THE AGREEMENT DESCRIBED IN SUBSECTION
(4)(c) OF THIS SECTION TO THE DEPARTMENT OF REVENUE WITHIN THIRTY DAYS
OF THE PURCHASE OF AN ENERGY STORAGE SYSTEM IN A FORM AND MANNER TO
BE DETERMINED BY THE DEPARTMENT.
(f) THE SELLER SHALL ALSO FILE THE AGREEMENT DESCRIBED IN
SUBSECTION (4)(c) OF THIS SECTION WITH THE ORIGINAL TAX RETURN FOR THE
TAXABLE YEAR IN WHICH THE ENERGY STORAGE SYSTEM IS PURCHASED.
(g) THE DEPARTMENT OF REVENUE, IN CONSULTATION WITH THE
COLORADO ENERGY OFFICE, SHALL DEVELOP A MODEL REPORT AND AGREEMENT
NO LATER THAN DECEMBER 1, 2022.
(5) IF A CREDIT AUTHORIZED IN THIS SECTION EXCEEDS THE INCOME TAX
DUE ON THE INCOME OF THE PURCHASER FOR THE TAXABLE YEAR, THE EXCESS
CREDIT MAY NOT BE CARRIED FORWARD AND SHALL BE REFUNDABLE TO THE
TAXPAYER AND PAID TO THE SELLER TO WHICH THE TAXPAYER ASSIGNED THE
CREDIT.
(6) MAKING A PURCHASER AWARE OF THE INCOME TAX CREDIT
ALLOWED IN THIS SECTION OR HELPING A PURCHASER ASSIGN THE INCOME TAX
CREDIT TO A SELLER AS ALLOWED IN THIS SECTION DOES NOT RISE TO THE LEVEL
OF PROVIDING THE PURCHASER WITH UNAUTHORIZED TAX ADVICE.
(7) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2035.".

Page 4 of the committee report, strike lines 14 through 25 and substitute:

"Page 5, lines 17 and 18, strike "39-26-730 and 39-26-731" and substitute
"39-26-730, 39-26-731, and 39-26-732".

Page 8, line 10, strike "Air-source and ground-source heat" and substitute
"Heat".

Page 8, strike lines 23 and 24 and substitute "RESIDENTIAL BUILDINGS BY
INSTALLING HEAT PUMP SYSTEMS AND HEAT PUMP WATER HEATERS, WHICH
REDUCE NET GREENHOUSE".

Page 8, strike line 27 and substitute "HEAT PUMP SYSTEMS AND HEAT PUMP
WATER HEATERS WILL ENCOURAGE".

Page 9, strike lines 4 through 8 and substitute:

"(V) THE PURCHASE AND USE OF HEAT PUMP SYSTEMS AND HEAT PUMP
WATER HEATERS WILL BENEFIT PUBLIC HEALTH IN THE HEATING AND COOLING
OF HOMES AND BUSINESSES AND TAKE ADVANTAGE OF LATENT HEAT SOURCES
AND AVAILABLE RENEWABLE POWER DURING LOW DEMAND PERIODS.".

Page 9, line 8, strike "REDUCE" and substitute "MAKE USE OF".

Page 9, strike lines 16 and 17 and substitute "SPECIFICALLY THE PURCHASE AND
USE OF HEAT PUMP SYSTEMS AND HEAT PUMP WATER HEATERS; AND".

Page 9, strike line 23 and substitute "NUMBER OF HEAT PUMP SYSTEMS AND
HEAT PUMP WATER HEATERS SOLD".".

Page 5 of the committee report, line 20, strike "EIGTHTY" and substitute
"EIGHTY".

Page 5 of the committee report, after line 33 insert:

"(c) "HEAT PUMP SYSTEM" MEANS AN AIR-SOURCE HEAT PUMP SYSTEM,
GROUND-SOURCE HEAT PUMP SYSTEM, WATER-SOURCE HEAT PUMP SYSTEM, OR
VARIABLE REFRIGERANT FLOW HEAT PUMP SYSTEM.".

Reletter succeeding paragraph accordingly.

Page 5 of the committee report, line 35, strike "USING" and substitute "THAT
USES".

Page 5 of the committee report, strike lines 36 through 40 and substitute
"SURROUNDING AIR TO WATER IN A TANK AND THAT IS CERTIFIED PURSUANT TO
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S ENERGY STAR
PROGRAM.".

Page 6 of the committee report, strike line 4 and substitute "OPERATION OF A
HEAT PUMP WATER HEATER.
(e) (I) "WATER-SOURCE HEAT PUMP SYSTEM" MEANS A SYSTEM THAT:
(A) IS CERTIFIED TO THE INTERNATIONAL ORGANIZATION FOR
STANDARDIZATION'S LATEST STANDARDS;
(B) IS INSTALLED BY A LICENSED CONTRACTOR, PLUMBER, OR
EMPLOYEE OF A GAS UTILITY IN ACCORDANCE WITH THE NATIONAL ELECTRIC
CODE AND MANUFACTURER'S SPECIFICATIONS;
(C) CONFORMS TO ALL APPLICABLE MUNICIPAL, STATE, AND FEDERAL
CODES, STANDARDS, REGULATIONS, AND CERTIFICATIONS;
(D) HAS BLOWERS THAT ARE VARIABLE SPEED, HIGH-EFFICIENCY
MOTORS THAT MEET OR EXCEED EFFICIENCY LEVELS LISTED IN THE NATIONAL
ELECTRICAL MANUFACTURERS ASSOCIATION MG1-1993 PUBLICATION; AND
(E) COMPLIES WITH ALL STATE AND LOCAL DRINKING WATER
GUIDELINES AND REGULATIONS AND PUBLIC WATER SYSTEM REQUIREMENTS.
(II) "WATER-SOURCE HEAT PUMP SYSTEM" MAY INCLUDE A DUAL FUEL
SYSTEM SO LONG AS:
(A) THE WATER-SOURCE HEAT PUMP IS USED AS THE PRIMARY SOURCE
OF A BUILDING'S HEAT AND IS DESIGNED TO SUPPLY AT LEAST EIGHTY PERCENT
OF THE TOTAL ANNUAL HEATING FOR THE BUILDING;
(B) THE SYSTEM IS CAPABLE OF DISTRIBUTING PRODUCED HEAT TO ALL
CONDITIONED AREAS OF THE BUILDING;
(C) THE FURNACE HAS AN ANNUAL FUEL UTILIZATION EFFICIENCY
RATING OF NINETY PERCENT OR HIGHER;
(D) ALL PIPING FOR A SPLIT SYSTEM IS INSTALLED BY TECHNICIANS
CERTIFIED TO THE NITC R78 BRAZING PROCEDURE; AND
(E) THE SYSTEM IS INSTALLED BY TECHNICIANS WHO ARE TRAINED IN
THE SAFE HANDLING OF FLAMMABLE REFRIGERANTS.
(III) "WATER-SOURCE HEAT PUMP SYSTEM" INCLUDES MECHANICAL
AND ELECTRICAL EQUIPMENT CENTRAL TO THE OPERATION OF A WATER-SOURCE
HEAT PUMP.
(f) (I) "VARIABLE REFRIGERANT FLOW HEAT PUMP SYSTEM" MEANS A
SYSTEM THAT:
(A) IS CERTIFIED TO THE INTERNATIONAL ORGANIZATION FOR
STANDARDIZATION'S LATEST STANDARDS;
(B) IS INSTALLED BY A LICENSED CONTRACTOR, PLUMBER, OR
EMPLOYEE OF A GAS UTILITY IN ACCORDANCE WITH THE NATIONAL ELECTRIC
CODE AND MANUFACTURER'S SPECIFICATIONS;
(C) CONFORMS TO ALL APPLICABLE MUNICIPAL, STATE, AND FEDERAL
CODES, STANDARDS, REGULATIONS, AND CERTIFICATIONS;
(D) HAS BLOWERS THAT ARE VARIABLE SPEED, HIGH-EFFICIENCY
MOTORS THAT MEET OR EXCEED EFFICIENCY LEVELS LISTED IN THE NATIONAL
ELECTRICAL MANUFACTURERS ASSOCIATION MGI-1993 PUBLICATION; AND
(E) COMPLIES WITH ALL STATE AND LOCAL DRINKING WATER
GUIDELINES AND REGULATIONS AND PUBLIC WATER SYSTEM REQUIREMENTS.
(II) "VARIABLE REFRIGERANT FLOW SYSTEM" MAY INCLUDE A DUAL
FUEL SYSTEM SO LONG AS:
(A) THE VARIABLE REFRIGERANT FLOW SYSTEM IS USED AS THE
PRIMARY SOURCE OF A BUILDING'S HEAT AND IS DESIGNED TO SUPPLY AT LEAST
EIGHTY PERCENT OF THE TOTAL ANNUAL HEATING FOR THE BUILDING;
(B) THE SYSTEM IS CAPABLE OF DISTRIBUTING PRODUCED HEAT TO ALL
CONDITIONED AREAS OF THE BUILDING;
(C) THE FURNACE HAS AN ANNUAL FUEL UTILIZATION EFFICIENCY
RATING OF NINETY PERCENT OR HIGHER;
(D) ALL PIPING FOR A SPLIT SYSTEM IS INSTALLED BY TECHNICIANS
CERTIFIED TO THE NITC R78 BRAZING PROCEDURE; AND
(E) THE SYSTEM IS INSTALLED BY TECHNICIANS WHO ARE TRAINED IN
THE SAFE HANDLING OF FLAMMABLE REFRIGERANTS.
(III) "VARIABLE REFRIGERANT FLOW SYSTEM" INCLUDES MECHANICAL
AND ELECTRICAL EQUIPMENT CENTRAL TO THE OPERATION OF A VARIABLE
REFRIGERANT FLOW SYSTEM.".

Page 6 of the committee report, strike lines 5 through 7 and substitute:

"Page 11, strike lines 25 through 27 and substitute:

"(3) ON AND AFTER JANUARY 1, 2023, SUBJECT TO THE PROVISIONS OF
SUBSECTION (4) OF THIS SECTION, ALL SALES, STORAGE, AND USE OF HEAT PUMP
SYSTEMS AND HEAT PUMP WATER HEATERS THAT ARE USED IN COMMERCIAL OR
RESIDENTIAL".
Page 12, after line 2 insert:

"(4) (a) (I) TO BE ELIGIBLE FOR THE SALES AND USE TAX EXEMPTION
PURSUANT TO THIS SECTION, THE PURCHASER OF A HEAT PUMP SYSTEM OR HEAT
PUMP WATER HEATER SHALL CERTIFY, AS SPECIFIED IN SUBSECTION (4)(b) OF
THIS SECTION, THAT ALL NECESSARY MECHANICAL, PLUMBING, AND ELECTRICAL
WORK PERFORMED IN CONNECTION WITH THE INSTALLATION OF A HEAT PUMP
SYSTEM OR HEAT PUMP WATER HEATER IN A NEW OR EXISTING INDUSTRIAL,
COMMERCIAL, OR MULTIFAMILY RESIDENTIAL BUILDING CONTAINING TWENTY
THOUSAND SQUARE FEET OR MORE OF CONDITIONED FLOOR SPACE WILL BE
PERFORMED BY A CONTRACTOR ON THE CERTIFIED CONTRACTOR LIST CREATED
PURSUANT TO SECTION 40-3.2-105.6 (3)(a), OR BY EMPLOYEES OF A UTILITY,
SUBJECT TO STATE LICENSING REQUIREMENTS AND ALL APPLICABLE STATE AND
LOCAL RULES, CODES, AND STANDARDS.
(II) THE REQUIREMENTS OF THIS SUBSECTION (4)(a) DO NOT APPLY TO
THE INSTALLATION OF A HEAT PUMP SYSTEM OR HEAT PUMP WATER HEATER
THAT IS LIMITED TO IN-UNIT WORK IN A MULTIFAMILY BUILDING OR UNIT AND
THAT IS INITIATED BY THE OWNER OR TENANT OF THE MULTIFAMILY BUILDING
OR UNIT.
(b) THE PURCHASER SHALL CERTIFY, IN A FORM AND MANNER TO BE
DETERMINED BY THE DEPARTMENT OF REVENUE, THAT THE HEAT PUMP SYSTEM
OR HEAT PUMP WATER HEATER WILL BE INSTALLED IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (4)(a) OF THIS SECTION, IF APPLICABLE.".

Renumber succeeding subsection accordingly.

Page 12, after line 3 insert:

"39-26-732. Residential energy storage systems - tax preference
performance statement - legislative declaration - definition - repeal.
(1) (a) IN ACCORDANCE WITH SECTION 39-21-304 (1), WHICH REQUIRES EACH
BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE A TAX PREFERENCE
PERFORMANCE STATEMENT AS PART OF A STATUTORY LEGISLATIVE
DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT
THE PURPOSES OF THE TAX EXPENDITURE CREATED IN SUBSECTION (3) OF THIS
SECTION ARE TO:
(I) INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS,
SPECIFICALLY THE PURCHASE AND INSTALLATION OF RESIDENTIAL ENERGY
STORAGE SYSTEMS; AND
(II) CONTRIBUTE TO THE STATE'S EFFORT TO ACHIEVE ITS CLIMATE
GOALS.
(b) THE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL MEASURE
THE EFFECTIVENESS OF THE TAX EXEMPTION IN ACHIEVING THE PURPOSES
SPECIFIED IN SUBSECTION (1)(a) OF THIS SECTION BASED ON THE NUMBER OF
RESIDENTIAL ENERGY STORAGE SYSTEMS SOLD AND USED IN THE STATE. THE
COLORADO ENERGY OFFICE SHALL PROVIDE THE STATE AUDITOR WITH ANY
AVAILABLE INFORMATION THAT WOULD ASSIST THE STATE AUDITOR'S
MEASUREMENT.
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "ENERGY STORAGE SYSTEM" MEANS ANY COMMERCIALLY
AVAILABLE, CUSTOMER-SITED SYSTEM, INCLUDING BATTERIES AND THE
BATTERIES PAIRED WITH ON-SITE GENERATION, THAT IS CAPABLE OF RETAINING,
STORING, AND DELIVERING ENERGY BY CHEMICAL, THERMAL, MECHANICAL, OR
OTHER MEANS.
(3) ON AND AFTER JANUARY 1, 2023, ALL SALES, STORAGE, AND USE OF
ENERGY STORAGE SYSTEMS THAT ARE USED IN A RESIDENTIAL DWELLING ARE
EXEMPT FROM TAXATION UNDER PARTS 1 AND 2 OF THIS ARTICLE 26.
(4) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2033.".".

Page 6 of the committee report, line 11, strike "ON OR BEFORE".

Page 6 of the committee report, strike lines 12 through 14 and substitute
"AFTER JANUARY 1, 2023, AN INVESTOR-OWNED GAS UTILITY, AT ITS
DISCRETION, MAY APPLY TO THE COMMISSION FOR APPROVAL TO MEASURE THE
AMOUNT OF USE FOR BILLING PURPOSES IN EITHER FUEL COMMODITY UNITS OR
FOR ENERGY SERVICES PROVIDED. UPON RECEIPT OF THE UTILITY'S APPLICATION,
THE COMMISSION SHALL APPROVE, DENY, OR MODIFY THE UTILITY'S
APPLICATION FOR MEASUREMENT OF USE FOR BILLING PURPOSES PURSUANT TO
THIS SECTION.".".
Page 6 of the committee report, strike lines 16 and 17 and substitute:

"Page 12, line 24, strike "AND".

Page 12, strike lines 25 through 27 and substitute:

"(R) THE EXEMPTION FOR SALES OF HEAT PUMP SYSTEMS AND HEAT
PUMP WATER HEATERS SET FORTH IN SECTION 39-26-731; AND
(S) THE EXEMPTION FOR SALES OF ENERGY STORAGE SYSTEMS SET
FORTH IN SECTION 39-26-732.".".


Finance The Committee on Finance has had under consideration and has had a hearing on the
following appointments and recommends that the appointments be placed on the consent
calendar and confirmed:

MEMBERS OF THE
COLORADO LIMITED GAMING CONTROL COMMISSION

for terms expiring July 1, 2025:

Sheriff Kevin Armstrong of Black Hawk, Colorado, to serve as a member from the
Second Congressional District, a representative of law enforcement, and as a Republican,
appointed;

Patricia Landaveri of Denver, Colorado, to serve as a member of the First Congressional
District, a representative of business management, and an Unaffiliated, appointed.

Senate Journal, April 1
After consideration on the merits, the Committee recommends that SB22-051 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Finance Committee Report, dated March 2, 2022, page 1, strike line
7 and substitute:

"Page 1 of the Transportation & Energy Committee Report, line 25, strike
"THOSE HEAT PUMP SYSTEMS" and substitute "HEAT PUMP SYSTEMS AND HEAT
PUMP WATER HEATERS".".

Page 1 of the Finance Committee Report, line 12, strike "5 and 6" and substitute
"4 through 6".

Page 2 of the Finance Committee Report, line 6, strike "(2)(b)." and substitute
"(2)(d).".

Page 2 of the Finance Committee Report, after line 6 insert:

"(e) "PURCHASE PRICE" MEANS THE AMOUNT ACTUALLY PAID BY THE
PURCHASER FOR THE TANGIBLE PERSONAL PROPERTY INSTALLED, INCLUDING
CHARGES FOR SALES TAX AND FREIGHT, BUT NOT INCLUDING ANY CHARGES FOR
ASSEMBLY, INSTALLATION, OR OTHER CONSTRUCTION SERVICES, OR PERMIT
FEES.".

Reletter succeeding paragraphs accordingly.

Page 2 of the Finance Committee Report, strike lines 11 through 14 and
substitute:

"(g) "TAXPAYER" MEANS A PERSON SUBJECT TO TAX UNDER THIS
ARTICLE 22, OR A PERSON OR POLITICAL SUBDIVISION OF THIS STATE WHO IS
EXEMPT FROM TAX UNDER SECTION 39-22-112 (1), BUT DOES NOT INCLUDE
INSURANCE COMPANIES SUBJECT TO THE TAX IMPOSED ON GROSS PREMIUMS BY
SECTION 10-3-209. FOR PURPOSES OF THIS SECTION, A PERSON OR POLITICAL
SUBDIVISION OF THIS STATE WHO IS EXEMPT FROM TAX UNDER SECTION
39-22-112 (1) IS A TAXPAYER EVEN IF THE PERSON OR POLITICAL SUBDIVISION
HAS NO UNRELATED BUSINESS INCOME.
(h) "VARIABLE REFRIGERANT FLOW HEAT PUMP SYSTEM" HAS THE SAME
MEANING SET FORTH IN SECTION 39-26-731 (2)(f).
(i) "WATER-SOURCE HEAT PUMP SYSTEM" HAS THE SAME MEANING SET
FORTH IN SECTION 39-26-731 (2)(e).".

Page 2 of the Finance Committee Report, line 18, after "SYSTEM" insert "INTO
REAL PROPERTY IN THIS STATE".

Page 2 of the Finance Committee Report, line 19, after "HEATER" insert "INTO
REAL PROPERTY IN THIS STATE".

Page 2 of the Finance Committee Report, line 21, strike "PRICE OF" and
substitute "PRICE PAID BY THE PURCHASER FOR".

Page 3 of the Finance Committee Report, line 7, strike "TAXPAYER" and
substitute "PURCHASER".

Page 3 of the Finance Committee Report, line 26, strike "IF" and substitute
"WHEN".

Page 4 of the Finance Committee Report, line 13, strike "PURCHASER" and
substitute "SELLER".

Page 4 of the Finance Committee Report, strike lines 15 and 16 and substitute
"REFUNDABLE TO THE SELLER.".

Page 4 of the Finance Committee Report, after line 31 insert:

"(b) "PURCHASE PRICE" MEANS THE AMOUNT ACTUALLY PAID BY THE
PURCHASER FOR THE TANGIBLE PERSONAL PROPERTY INSTALLED, INCLUDING
CHARGES FOR SALES TAX AND FREIGHT, BUT NOT INCLUDING ANY CHARGES FOR
ASSEMBLY, INSTALLATION, OR OTHER CONSTRUCTION SERVICES, OR PERMIT
FEES.".

Reletter succeeding paragraph accordingly.

Page 4 of the Finance Committee Report, line 38, after "DWELLING" insert "IN
THIS STATE".

Page 4 of the Finance Committee Report, line 40, strike "PRICE OF" and
substitute "PRICE PAID BY THE PURCHASER FOR".

Page 5 of the Finance Committee Report, line 19, strike "IF" and substitute
"WHEN".

Page 6 of the Finance Committee Report, line 1, strike "PURCHASER" and
substitute "SELLER".

Page 6 of the Finance Committee Report, strike lines 3 and 4 and substitute
"REFUNDABLE TO THE SELLER.".

Page 6 of the Finance Committee Report, after line 10 insert:

"SECTION 2. In Colorado Revised Statutes, 39-22-601, amend (7) as
follows:
39-22-601. Returns. (7) (a) Every person or organization exempt from
taxes pursuant to section 39-22-112 shall make and file a return only if said
person or organization is required to file a federal return of unrelated business
income, which Colorado return shall contain such information as the executive
director may prescribe. All procedures of law relating to the determination,
assessment, collection, and refund of tax shall apply to such return and the tax
payable thereon.
(b) THE EXECUTIVE DIRECTOR MAY REQUIRE A PERSON OR
ORGANIZATION EXEMPT FROM TAXES PURSUANT TO SECTION 39-22-112 TO
MAKE AND FILE A RETURN CONTAINING SUCH INFORMATION AS THE EXECUTIVE
DIRECTOR MAY PRESCRIBE TO CLAIM A CREDIT ALLOWED UNDER THIS ARTICLE
22 EVEN IF THE PERSON OR ORGANIZATION DOES NOT HAVE UNRELATED
BUSINESS INCOME.
(c) ALL PROCEDURES OF LAW RELATING TO THE DETERMINATION,
ASSESSMENT, COLLECTION, AND REFUND OF TAX APPLY TO A RETURN MADE AND
FILED UNDER THIS SUBSECTION (7) AND THE TAX PAYABLE THEREON, IF ANY.".

Renumber succeeding sections accordingly.

Page 7 of the Finance Committee Report, line 21, after "GAS" insert "OR
WASTEWATER".

Page 7 of the Committee Report, line 30, after "SYSTEM" insert "AND
WASTEWATER SYSTEM".

Page 8 of the Finance Committee Report, line 16, after "GAS" insert "OR
WASTEWATER".

Page 8 of the Finance Committee Report, line 25, after "SYSTEM" insert "AND
WASTEWATER SYSTEM".

Amend printed bill, page 9, line 1, strike "THOSE".

Page 9 of the printed bill, line 2, after "SYSTEMS" insert "AND HEAT PUMP
WATER HEATERS".

Page 12 of the printed bill, strike line 5 and substitute "(1)(d)(I)(Q), (1)(d)(I)(R),
and (1)(d)(I)(S) as follows:".

Amend the Transportation & Energy Committee Report, dated February 8,
2022, page 5, line 11, after "TO" insert "THE".

Page 5 of the Transportation & Energy Committee Report, line 26, after "TO"
insert "THE".


Appro-
priations

Senate Journal, April 5
SB22-051 by Senator(s) Hansen; also Representative(s) Sirota--Concerning policies to reduce
emissions from the built environment.

Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, February 9, page(s) 131-134 and placed in members' bill files.)

Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, March 3, page(s) 313-319 and placed in members' bill files.)

Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, April 1, page(s) 580-582 and placed in members' bill files.)
Amendment No. 4(L.008), by Senator Hansen.

Amend printed bill, page 1, after line 1 insert:

"SECTION 1. In Colorado Revised Statutes, 24-92-117, add (7) as
follows:
24-92-117. Maximum global warming potential for materials used
in eligible projects - buildings - projects that are not roads, highways, or
bridges - environmental product declaration - short title - report -
definitions. (7) FOR PURPOSES OF THE SALES AND USE TAX EXEMPTION FOR
ELIGIBLE DECARBONIZING BUILDING MATERIALS ALLOWED PURSUANT TO
SECTION 39-26-730, ANY MANUFACTURER OF AN ELIGIBLE MATERIAL MAY
SUBMIT THE ENVIRONMENTAL PRODUCT DECLARATION FOR THE ELIGIBLE
MATERIAL TO THE OFFICE OF THE STATE ARCHITECT. THE OFFICE SHALL REVIEW
THE ENVIRONMENTAL PRODUCT DECLARATION FOR ANY ELIGIBLE MATERIAL
SUBMITTED TO THE OFFICE BY A MANUFACTURER, AND SHALL DETERMINE
WHETHER THE MANUFACTURER'S ELIGIBLE MATERIAL IS WITHIN THE MAXIMUM
ACCEPTABLE GLOBAL WARMING POTENTIAL FOR THAT MATERIAL AS
DETERMINED BY THE OFFICE PURSUANT TO SUBSECTION (3) OF THIS SECTION.
BEGINNING JANUARY 1, 2024, THE OFFICE SHALL COMPILE AND MAINTAIN A LIST
OF ALL ELIGIBLE MATERIALS AND THE MANUFACTURERS OF THE ELIGIBLE
MATERIALS THAT ARE SUBMITTED TO THE OFFICE AND VERIFIED BY THE OFFICE
TO BE WITHIN THE MAXIMUM ACCEPTABLE GLOBAL WARMING POTENTIAL FOR
THAT MATERIAL AS DETERMINED BY THE OFFICE PURSUANT TO SUBSECTION (3)
OF THIS SECTION. IN COMPILING THE LIST, THE OFFICE SHALL CONSULT WITH THE
DEPARTMENT OF REVENUE TO ENSURE THAT ALL INFORMATION REQUIRED FOR
PURPOSES OF THE SALES AND USE TAX EXEMPTION ALLOWED PURSUANT TO
SECTION 39-26-730 IS INCLUDED ON THE LIST. THE OFFICE SHALL REGULARLY
UPDATE THE LIST, POST THE MOST CURRENT VERSION OF THE LIST ON THE
OFFICE'S WEBSITE, AND ENSURE THAT THE LIST IS AVAILABLE TO THE
DEPARTMENT OF REVENUE.".

Renumber succeeding sections accordingly.

Page 7, line 25, after "MATERIALS" insert "THAT ARE ON THE LIST OF ELIGIBLE
MATERIALS MAINTAINED BY THE OFFICE OF THE STATE ARCHITECT PURSUANT
TO SECTION 24-92-117 (7),".

Page 8, strike lines 1 through 8 and substitute "SHALL PROVIDE THE LIST IT
COMPILES AND MAINTAINS PURSUANT TO SECTION 24-92-117 (7) TO THE
DEPARTMENT OF REVENUE. BASED ON THE LIST FROM THE OFFICE OF THE STATE
ARCHITECT, THE DEPARTMENT SHALL CREATE AND MAINTAIN A DATABASE OF
PRODUCTS, INCLUDING THE MANUFACTURERS OF THE PRODUCTS, THAT ARE
ELIGIBLE FOR THE SALES AND USE TAX EXEMPTION ALLOWED PURSUANT TO THIS
SECTION FOR USE BY ENTITIES THAT SELL DECARBONIZING BUILDING
MATERIALS.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

House Journal, April 22
26 SB22-051 be amended as follows, and as so amended, be referred to
27 the Committee on Finance with favorable
28 recommendation:
29
30 Amend reengrossed bill, page 7, line 15, strike "SHALL" and substitute
31 "MAY".
32
33 Page 7, line 25, strike "SHALL" and substitute "MUST".
34
35 Page 8, line 2, strike "SHALL" and substitute "MUST".
36
37 Page 8, line 6, strike "WHEN" and substitute "IF".
38
39 Page 8, line 13, strike "SHALL" and substitute "MUST".
40
41 Page 9, line 17, strike "2035." and substitute "2038.".
42
43 Page 10, after line 17 insert:
44 "(b) "PURCHASE PRICE" MEANS THE AMOUNT ACTUALLY PAID BY
45 THE PURCHASER FOR THE TANGIBLE PERSONAL PROPERTY INSTALLED,
46 INCLUDING CHARGES FOR SALES TAX AND FREIGHT, BUT NOT INCLUDING
47 ANY CHARGES FOR ASSEMBLY, INSTALLATION, OR OTHER CONSTRUCTION
48 SERVICES, OR PERMIT FEES.".
49
50 Reletter succeeding paragraphs accordingly.
51
52 Page 11, strike lines 1 through 5.
53
54 Reletter succeeding paragraph accordingly.
55
1 Page 11, line 9, strike "SHALL" and substitute "MAY".
2
3 Page 11, line 15, strike "SHALL" and substitute "MUST".
4
5 Page 11, line 19, strike "SHALL" and substitute "MUST".
6
7 Page 11, line 23, strike "WHEN" and substitute "IF".
8
9 Page 12, line 3, strike "SHALL" and substitute "MUST".
10
11 Page 13, line 2, strike "2035." and substitute "2038.".
12
13 Page 18, line 16, after "INCLUDE" insert "AN ELECTRIC RESISTANCE
14 HEATING ELEMENT OR".
15
16 Page 18, line 17, after "SYSTEM" insert "FOR SUPPLEMENTAL HEAT".
17
18 Page 18, line 23, after "THE" insert "DUAL FUEL".
19
20 Page 19, after line 1 insert:
21
22 "(III) "AIR-SOURCE HEAT PUMP SYSTEM" INCLUDES MECHANICAL
23 AND ELECTRICAL EQUIPMENT CENTRAL TO THE OPERATION OF AN
24 AIR-SOURCE HEAT PUMP, INCLUDING AN UPGRADED ELECTRICAL PANEL
25 IF NECESSARY.".
26
27 Page 20, line 6, strike "PUMP." and substitute "PUMP, INCLUDING AN
28 UPGRADED ELECTRICAL PANEL IF NECESSARY.".
29
30 Page 20, line 11, strike "SYSTEM, OR" and substitute "SYSTEM, COMBINED
31 WATER-SOURCE AND AIR-SOURCE HEAT PUMP SYSTEM, OR".
32
33 Page 20, line 20, strike "PUMP" and substitute "PUMP, INCLUDING AN
34 UPGRADED ELECTRICAL PANEL IF NECESSARY".
35
36

House Journal, May 2
17 SB22-051 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend the Energy and Environment Committee Report, dated April 21,
22 2022, page 1, strike lines 1 and 2 and substitute:
23
24 "Amend reengrossed bill, page 7, line 5, strike "HEATHER" and substitute
25 "HEATER".
26
27 Page 7 of the bill, line 15, strike "SHALL" and substitute "MAY".".
28
29 Page 2 of the report, strike lines 18 and 19 and substitute:
30
31 "Page 20 of the bill, line 20, strike "HEATER." and substitute "HEATER,
32 INCLUDING AN UPGRADED ELECTRICAL PANEL IF NECESSARY.".".
33
34

House Journal, May 5
25 Amendment No. 1, Appropriations Report, dated May 4, 2022, and placed
26 in member?s bill file; Report also printed in House Journal, May 4, 2022.
27
28 Amendment No. 2, Finance Report, dated May 2, 2022, and placed in
29 member?s bill file; Report also printed in House Journal, May 2, 2022.
30
31 Amendment No. 3, Energy & Environment Report, dated April 21, 2022,
32 and placed in member?s bill file; Report also printed in House Journal,
33 April 22, 2022.
34
35 As amended, ordered revised and placed on the Calendar for Third
36 Reading and Final Passage.
37

House Journal, April 7
21 SB22-116 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend reengrossed bill, page 2, line 6, strike "and".
26
27 Page 2, line 7, strike "portion;" and substitute "portion, and (3)(c)(I);".
28
29 Page 2, line 7, after "(3)(d.5)" insert "and (3)(e)(II.5)".
30
31 Page 3, after line 19 insert:
32
33 "(I) Lacks the requisite substantially equivalent EDUCATION,
34 experience, or credentials to practice the applicable profession or
35 occupation; or".
36
37 Page 3, after line 22 insert:
38
39 "(e) Subsections (3)(a) to (3)(d) of this section do not apply to the
40 following professions or occupations:
41 (II.5) ENGINEERS, SURVEYORS, AND ARCHITECTS, REGULATED
42 PURSUANT TO ARTICLE 120 OF THIS TITLE 12;".
43
44

House Journal, April 8
45 Amendment No. 1, Business Affairs & Labor Report, dated April 6, 2022,
46 and placed in member?s bill file; Report also printed in House Journal,
47 April 7, 2022.
48
49 As amended, ordered revised and placed on the Calendar for Third
50 Reading and Final Passage.
51
52

Senate Journal, March 3
After consideration on the merits, the Committee recommends that SB22-118 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.

Amend printed bill, page 3, lines 2 and 3, strike "amend (1)(u); and add" and
substitute "add (1)(v) and".

Page 3, strike lines 6 through 13 and substitute:

"(v) IN CONSULTATION WITH THE APPROPRIATE INDUSTRIES, DEVELOP
BASIC CONSUMER EDUCATION OR GUIDANCE ABOUT PURCHASED OR, IF
AVAILABLE, LEASED INSTALLATION 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.".

Page 3, line 14, strike "SHALL" and substitute "MAY".

Page 4, strike lines 12 through 14 and substitute:

"(II) "GEOTHERMAL ENERGY SYSTEM" 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.".

Page 4, line 26, strike "OR GEOTHERMAL EQUIPMENT, WHICH".

Page 4, strike line 27.

Page 5, strike lines 1 and 2 and substitute "OR EQUIPMENT USED AS PART OF 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.".

Page 5, strike lines 15 through 18 and substitute "solar or other alternative
electrical energy-producing improvements to serve that structure or other
structures on contiguous property under common ownership OR INSTALLATION
OF A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE
HEATING OR COOLING IN A SINGLE STRUCTURE.".

Page 6, line 7, strike "sources OR FOR GEOTHERMAL".

Page 6, strike lines 8 and 9 and substitute "sources, INCLUDING GEOTHERMAL
ENERGY USED 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.".

Page 7, strike lines 9 through 11 and substitute "AND "GEOTHERMAL ENERGY
SYSTEM" 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.".

Page 7, strike lines 22 through 24 and substitute "addition of a solar energy
device OR A DEVICE USED AS PART OF A SYSTEM THAT USES GEOTHERMAL
ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING to such".

Page 9, strike lines 3 through 5 and substitute "AND "GEOTHERMAL ENERGY
SYSTEM" 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.".

Page 10, strike lines 7 and 8 and substitute "alternate energy sources,
INCLUDING GEOTHERMAL ENERGY USED 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; however,".

Page 10, strike lines 13 through 27.

Page 11, strike lines 1 through 25.
Renumber succeeding sections accordingly.

Page 12, strike lines 9 through 27.

Strike pages 13 through 21.

Page 22, strike lines 1 through 24 and substitute:

"SECTION 11. In Colorado Revised Statutes, add 40-2-127.5 as
follows:
40-2-127.5. Community energy funds - community geothermal
gardens - rules - legislative declaration - definitions - repeal. (1) Legislative
declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) LOCAL COMMUNITIES CAN BENEFIT FROM THE FURTHER
DEVELOPMENT OF RENEWABLE ENERGY, ENERGY EFFICIENCY, CONSERVATION,
AND ENVIRONMENTAL IMPROVEMENT PROJECTS, AND THE GENERAL ASSEMBLY
HEREBY ENCOURAGES ELECTRIC UTILITIES TO ESTABLISH COMMUNITY ENERGY
FUNDS FOR THE DEVELOPMENT OF SUCH PROJECTS;
(b) IT IS IN THE PUBLIC INTEREST THAT BROADER PARTICIPATION IN
GEOTHERMAL ELECTRIC GENERATION BY COLORADO RESIDENTS AND
COMMERCIAL ENTITIES BE ENCOURAGED BY THE DEVELOPMENT AND
DEPLOYMENT OF DISTRIBUTED GEOTHERMAL ELECTRIC GENERATING FACILITIES
KNOWN AS COMMUNITY GEOTHERMAL GARDENS, IN ORDER TO:
(I) PROVIDE COLORADO RESIDENTS AND COMMERCIAL ENTITIES WITH
THE OPPORTUNITY TO PARTICIPATE IN GEOTHERMAL ELECTRICITY GENERATION;
(II) ALLOW RENTERS, LOW-INCOME UTILITY CUSTOMERS, AND
AGRICULTURAL PRODUCERS TO OWN INTERESTS IN SUCH GEOTHERMAL
GENERATION FACILITIES;
(III) ALLOW INTERESTS IN SUCH GEOTHERMAL GENERATION FACILITIES
TO BE PORTABLE AND TRANSFERRABLE; AND
(IV) LEVERAGE COLORADO'S GEOTHERMAL ELECTRICITY GENERATING
CAPACITY THROUGH ECONOMIES OF SCALE.
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES, THE DEFINITIONS IN SECTION 40-2-124 APPLY, AND:
(a) (I) "COMMUNITY GEOTHERMAL GARDEN" MEANS A GEOTHERMAL
FACILITY THAT PRODUCES ELECTRICITY FROM THE EARTH'S HEAT WITH A
NAMEPLATE RATING WITHIN THE RANGE SPECIFIED UNDER SUBSECTION
(2)(b)(IV) OF THIS SECTION THAT IS LOCATED IN OR NEAR A COMMUNITY SERVED
BY A QUALIFYING RETAIL UTILITY WHERE THE BENEFICIAL USE OF THE
ELECTRICITY GENERATED BY THE FACILITY BELONGS TO THE SUBSCRIBERS TO
THE COMMUNITY GEOTHERMAL GARDEN. THERE MUST BE AT LEAST TEN
SUBSCRIBERS. THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MAY BE
THE QUALIFYING RETAIL UTILITY OR ANY OTHER FOR-PROFIT OR NONPROFIT
ENTITY OR ORGANIZATION, INCLUDING A SUBSCRIBER ORGANIZATION
ORGANIZED UNDER THIS SECTION, THAT CONTRACTS TO SELL THE OUTPUT FROM
THE COMMUNITY GEOTHERMAL GARDEN TO THE QUALIFYING RETAIL UTILITY.
A COMMUNITY GEOTHERMAL GARDEN IS DEEMED TO BE "LOCATED ON THE SITE
OF CUSTOMER FACILITIES".
(II) A COMMUNITY GEOTHERMAL GARDEN CONSTITUTES "RETAIL
DISTRIBUTED GENERATION" WITHIN THE MEANING OF SECTION 40-2-124.
(III) NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR SECTION
40-2-124 TO THE CONTRARY, A COMMUNITY GEOTHERMAL GARDEN
CONSTITUTES RETAIL DISTRIBUTED GENERATION FOR PURPOSES OF A
COOPERATIVE ELECTRIC ASSOCIATION'S COMPLIANCE WITH THE APPLICABLE
RENEWABLE ENERGY STANDARD UNDER SECTION 40-2-124.
(IV) A COMMUNITY GEOTHERMAL GARDEN MUST HAVE A NAMEPLATE
RATING OF FIVE MEGAWATTS OR LESS; EXCEPT THAT THE COMMISSION MAY, IN
RULES ADOPTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, APPROVE
THE FORMATION OF A COMMUNITY GEOTHERMAL GARDEN WITH A NAMEPLATE
RATING OF UP TO TEN MEGAWATTS ON OR AFTER JULY 1, 2023.
(b) "SUBSCRIBER" MEANS A RETAIL CUSTOMER OF A QUALIFYING RETAIL
UTILITY WHO OWNS A SUBSCRIPTION AND WHO HAS IDENTIFIED ONE OR MORE
PHYSICAL LOCATIONS TO WHICH THE SUBSCRIPTION IS ATTRIBUTED. SUCH
PHYSICAL LOCATIONS MUST BE WITHIN THE SERVICE TERRITORY OF THE SAME
QUALIFYING RETAIL UTILITY AS THE COMMUNITY GEOTHERMAL GARDEN. THE
SUBSCRIBER MAY CHANGE FROM TIME TO TIME THE PREMISES TO WHICH THE
COMMUNITY GEOTHERMAL GARDEN ELECTRICITY GENERATION IS ATTRIBUTED,
SO LONG AS THE PREMISES ARE WITHIN THE SAME SERVICE TERRITORY.
(c) "SUBSCRIPTION" MEANS A PROPORTIONAL INTEREST IN GEOTHERMAL
ELECTRIC GENERATION FACILITIES INSTALLED AT A COMMUNITY GEOTHERMAL
GARDEN, TOGETHER WITH THE RENEWABLE ENERGY CREDITS ASSOCIATED WITH
OR ATTRIBUTABLE TO SUCH FACILITIES UNDER SECTION 40-2-124. EACH
SUBSCRIPTION MUST BE SIZED TO REPRESENT AT LEAST ONE KILOWATT OF THE
COMMUNITY GEOTHERMAL GARDEN'S GENERATING CAPACITY AND TO SUPPLY
NO MORE THAN ONE HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL
CONSUMPTION OF ELECTRICITY BY EACH SUBSCRIBER AT THE PREMISES TO
WHICH THE SUBSCRIPTION IS ATTRIBUTED, WITH A DEDUCTION FOR THE AMOUNT
OF ANY EXISTING GEOTHERMAL FACILITIES AT SUCH PREMISES. SUBSCRIPTIONS
IN A COMMUNITY GEOTHERMAL GARDEN MAY BE TRANSFERRED OR ASSIGNED
TO A SUBSCRIBER ORGANIZATION OR TO ANY PERSON OR ENTITY WHO QUALIFIES
TO BE A SUBSCRIBER UNDER THIS SECTION.
(3) Subscriber organization - subscriber qualifications -
transferability of subscriptions. (a) THE COMMUNITY GEOTHERMAL GARDEN
MAY BE OWNED BY A SUBSCRIBER ORGANIZATION, WHOSE SOLE PURPOSE IS
BENEFICIALLY OWNING AND OPERATING A COMMUNITY GEOTHERMAL GARDEN.
THE SUBSCRIBER ORGANIZATION MAY BE ANY FOR-PROFIT OR NONPROFIT
ENTITY PERMITTED BY COLORADO LAW. THE COMMUNITY GEOTHERMAL
GARDEN MAY ALSO BE BUILT, OWNED, AND OPERATED BY A THIRD PARTY UNDER
CONTRACT WITH THE SUBSCRIBER ORGANIZATION.
(b) THE COMMISSION SHALL ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION, INCLUDING RULES TO FACILITATE THE FINANCING OF
SUBSCRIBER-OWNED COMMUNITY GEOTHERMAL GARDENS. THE RULES MUST
INCLUDE:
(I) MINIMUM CAPITALIZATION;
(II) THE SHARE OF A COMMUNITY GEOTHERMAL GARDEN'S GEOTHERMAL
ELECTRIC GENERATION FACILITIES THAT A SUBSCRIBER ORGANIZATION MAY AT
ANY TIME OWN IN ITS OWN NAME; AND
(III) AUTHORIZING SUBSCRIBER ORGANIZATIONS TO ENTER INTO LEASES,
SALE-AND-LEASEBACK TRANSACTIONS, OPERATING AGREEMENTS, AND OTHER
OWNERSHIP ARRANGEMENTS WITH THIRD PARTIES.
(c) IF A SUBSCRIBER CEASES TO BE A CUSTOMER AT THE PREMISES ON
WHICH THE SUBSCRIPTION IS BASED BUT, WITHIN A REASONABLE PERIOD AS
DETERMINED BY THE COMMISSION, BECOMES A CUSTOMER AT ANOTHER
PREMISES IN THE SERVICE TERRITORY OF THE QUALIFYING RETAIL UTILITY AND
WITHIN THE GEOGRAPHIC AREA SERVED BY THE COMMUNITY GEOTHERMAL
GARDEN, THE SUBSCRIPTION CONTINUES IN EFFECT BUT THE BILL CREDIT AND
OTHER FEATURES OF THE SUBSCRIPTION ARE ADJUSTED AS NECESSARY TO
REFLECT ANY DIFFERENCES BETWEEN THE NEW AND PREVIOUS PREMISES'
CUSTOMER CLASSIFICATION AND AVERAGE ANNUAL CONSUMPTION OF
ELECTRICITY.
(4) Standards for construction and operation. THE FOLLOWING
REQUIREMENTS APPLY TO ANY COMMUNITY GEOTHERMAL GARDEN EXCEEDING
TWO MEGAWATTS:
(a) THE INITIAL INSTALLATION OF ANY ELECTRICAL EQUIPMENT
ASSOCIATED WITH THE COMMUNITY GEOTHERMAL GARDEN IS SUBJECT TO FINAL
INSPECTION AND APPROVAL IN ACCORDANCE WITH SECTION 12-115-120.
(b) FOLLOWING THE DEVELOPMENT OR ACQUISITION BY A QUALIFYING
RETAIL UTILITY OF A COMMUNITY GEOTHERMAL GARDEN IN WHICH THE
QUALIFYING RETAIL UTILITY RETAINS OWNERSHIP, THE QUALIFYING RETAIL
UTILITY SHALL EITHER USE ITS OWN EMPLOYEES TO OPERATE AND MAINTAIN
THE COMMUNITY GEOTHERMAL GARDEN OR CONTRACT FOR OPERATION AND
MAINTENANCE OF THE COMMUNITY GEOTHERMAL GARDEN BY A CONTRACTOR
WHOSE EMPLOYEES HAVE ACCESS TO AN APPRENTICESHIP PROGRAM REGISTERED
WITH THE UNITED STATES DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP
OR WITH A STATE APPRENTICESHIP COUNCIL RECOGNIZED BY THAT OFFICE;
EXCEPT THAT THIS APPRENTICESHIP REQUIREMENT DOES NOT APPLY TO:
(I) THE DESIGN, PLANNING, OR ENGINEERING OF THE INFRASTRUCTURE;
(II) MANAGEMENT FUNCTIONS TO OPERATE THE INFRASTRUCTURE; OR
(III) ANY WORK INCLUDED IN A WARRANTY.
(5) Community geothermal gardens not subject to regulation.
NEITHER THE OWNERS OF NOR THE SUBSCRIBERS TO A COMMUNITY
GEOTHERMAL GARDEN ARE CONSIDERED PUBLIC UTILITIES SUBJECT TO
REGULATION BY THE COMMISSION SOLELY AS A RESULT OF THEIR INTEREST IN
THE COMMUNITY GEOTHERMAL GARDEN. PRICES PAID FOR SUBSCRIPTIONS IN
COMMUNITY GEOTHERMAL GARDENS SHALL NOT BE SUBJECT TO REGULATION
BY THE COMMISSION.
(6) Purchases of the output from community geothermal gardens.
(a) (I) EACH QUALIFYING RETAIL UTILITY SHALL SET FORTH IN ITS PLAN FOR
ACQUISITION OF RENEWABLE RESOURCES A PLAN TO PURCHASE THE
ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED FROM ONE OR
MORE COMMUNITY GEOTHERMAL GARDENS OVER THE PERIOD COVERED BY THE
PLAN.
(IV) FOR EACH QUALIFYING RETAIL UTILITY'S COMPLIANCE YEARS
COMMENCING IN 2023 AND THEREAFTER, THE COMMISSION SHALL DETERMINE
THE MINIMUM AND MAXIMUM PURCHASES OF ELECTRICAL OUTPUT FROM NEWLY
INSTALLED COMMUNITY GEOTHERMAL GARDENS OF DIFFERENT OUTPUT
CAPACITY THAT THE QUALIFYING RETAIL UTILITY SHALL PLAN TO ACQUIRE. IN
ADDITION, AS NECESSARY, THE COMMISSION SHALL FORMULATE AND
IMPLEMENT POLICIES CONSISTENT WITH THIS SECTION THAT SIMULTANEOUSLY
ENCOURAGE:
(A) THE OWNERSHIP BY CUSTOMERS OF SUBSCRIPTIONS IN COMMUNITY
GEOTHERMAL GARDENS AND OF OTHER FORMS OF DISTRIBUTED GENERATION,
TO THE EXTENT THE COMMISSION FINDS THERE TO BE CUSTOMER DEMAND FOR
SUCH OWNERSHIP;
(B) OWNERSHIP IN COMMUNITY GEOTHERMAL GARDENS BY
RESIDENTIAL RETAIL CUSTOMERS AND AGRICULTURAL PRODUCERS, INCLUDING
LOW-INCOME CUSTOMERS, TO THE EXTENT THE COMMISSION FINDS THERE TO BE
DEMAND FOR SUCH OWNERSHIP;
(C) THE DEVELOPMENT OF COMMUNITY GEOTHERMAL GARDENS WITH
ATTRIBUTES THAT THE COMMISSION FINDS RESULT IN LOWER OVERALL TOTAL
COSTS FOR THE QUALIFYING RETAIL UTILITY'S CUSTOMERS;
(D) SUCCESSFUL FINANCING AND OPERATION OF COMMUNITY
GEOTHERMAL GARDENS OWNED BY SUBSCRIBER ORGANIZATIONS; AND
(E) THE ACHIEVEMENT OF THE GOALS AND OBJECTIVES OF SECTION
40-2-124.
(b) (I) (A) THE OUTPUT FROM A COMMUNITY GEOTHERMAL GARDEN
MUST BE SOLD ONLY TO THE QUALIFYING RETAIL UTILITY SERVING THE
GEOGRAPHIC AREA WHERE THE COMMUNITY GEOTHERMAL GARDEN IS LOCATED.
(B) ONCE A COMMUNITY GEOTHERMAL GARDEN IS PART OF A
QUALIFYING RETAIL UTILITY'S PLAN FOR ACQUISITION OF RENEWABLE
RESOURCES, AS APPROVED BY THE COMMISSION, THE COMMISSION SHALL
INITIATE A PROCEEDING, OR CONSIDER IN AN ACTIVE PROCEEDING, TO
DETERMINE WHETHER THE QUALIFYING RETAIL UTILITY MUST PURCHASE ALL OF
THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED BY THE
COMMUNITY GEOTHERMAL GARDEN OR WHETHER A SUBSCRIBER MAY, UPON
BECOMING A SUBSCRIBER, CHOOSE TO RETAIN OR SELL TO THE QUALIFYING
RETAIL UTILITY THE SUBSCRIBER'S RENEWABLE ENERGY CREDITS.
(C) THE AMOUNT OF ELECTRICITY AND RENEWABLE ENERGY CREDITS
GENERATED BY EACH COMMUNITY GEOTHERMAL GARDEN IS DETERMINED BY A
PRODUCTION METER INSTALLED BY THE QUALIFYING RETAIL UTILITY OR
THIRD-PARTY SYSTEM OWNER AND PAID FOR BY THE OWNER OF THE COMMUNITY
GEOTHERMAL GARDEN.
(II) THE PURCHASE OF THE OUTPUT OF A COMMUNITY GEOTHERMAL
GARDEN BY A QUALIFYING RETAIL UTILITY TAKES THE FORM OF A NET METERING
CREDIT AGAINST THE QUALIFYING RETAIL UTILITY'S ELECTRIC BILL TO EACH
COMMUNITY GEOTHERMAL GARDEN SUBSCRIBER AT THE PREMISES SET FORTH
IN THE SUBSCRIBER'S SUBSCRIPTION. THE NET METERING CREDIT IS CALCULATED
BY MULTIPLYING THE SUBSCRIBER'S SHARE OF THE ELECTRICITY PRODUCTION
FROM THE COMMUNITY GEOTHERMAL GARDEN BY THE QUALIFYING RETAIL
UTILITY'S TOTAL AGGREGATE RETAIL RATE AS CHARGED TO THE SUBSCRIBER,
MINUS A REASONABLE CHARGE AS DETERMINED BY THE COMMISSION TO COVER
THE UTILITY'S COSTS OF DELIVERING TO THE SUBSCRIBER'S PREMISES THE
ELECTRICITY GENERATED BY THE COMMUNITY GEOTHERMAL GARDEN,
INTEGRATING THE GEOTHERMAL GENERATION WITH THE UTILITY'S SYSTEM, AND
ADMINISTERING THE COMMUNITY GEOTHERMAL GARDEN'S CONTRACTS AND NET
METERING CREDITS. THE COMMISSION SHALL ENSURE THAT THIS CHARGE DOES
NOT REFLECT COSTS THAT ARE ALREADY RECOVERED BY THE UTILITY FROM THE
SUBSCRIBER THROUGH OTHER CHARGES. IF, AND TO THE EXTENT THAT, A
SUBSCRIBER'S NET METERING CREDIT EXCEEDS THE SUBSCRIBER'S ELECTRIC BILL
IN ANY BILLING PERIOD, THE NET METERING CREDIT IS CARRIED FORWARD AND
APPLIED AGAINST FUTURE BILLS. THE QUALIFYING RETAIL UTILITY AND THE
OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST AGREE ON WHETHER
THE PURCHASE OF THE RENEWABLE ENERGY CREDITS FROM SUBSCRIBERS WILL
BE ACCOMPLISHED THROUGH A CREDIT ON EACH SUBSCRIBER'S ELECTRICITY
BILL OR BY A PAYMENT TO THE OWNER OF THE COMMUNITY GEOTHERMAL
GARDEN.
(c) THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST
PROVIDE REAL-TIME PRODUCTION DATA TO THE QUALIFYING RETAIL UTILITY TO
FACILITATE INCORPORATION OF THE COMMUNITY GEOTHERMAL GARDEN INTO
THE UTILITY'S OPERATION OF ITS ELECTRIC SYSTEM AND TO FACILITATE THE
PROVISION OF NET METERING CREDITS.
(d) THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN IS
RESPONSIBLE FOR PROVIDING TO THE QUALIFYING RETAIL UTILITY, ON A
MONTHLY BASIS AND WITHIN REASONABLE PERIODS SET BY THE QUALIFYING
RETAIL UTILITY, THE PERCENTAGE SHARES THAT SHOULD BE USED TO
DETERMINE THE NET METERING CREDIT TO EACH SUBSCRIBER. IF THE
ELECTRICITY OUTPUT OF THE COMMUNITY GEOTHERMAL GARDEN IS NOT FULLY
SUBSCRIBED, THE QUALIFYING RETAIL UTILITY SHALL PURCHASE THE
UNSUBSCRIBED RENEWABLE ENERGY AND THE RENEWABLE ENERGY CREDITS AT
A RATE EQUAL TO THE QUALIFYING RETAIL UTILITY'S AVERAGE HOURLY
INCREMENTAL COST OF ELECTRICITY SUPPLY OVER THE IMMEDIATELY
PRECEDING CALENDAR YEAR.
(e) EACH QUALIFYING RETAIL UTILITY SHALL SET FORTH IN ITS PLAN
FOR ACQUISITION OF RENEWABLE RESOURCES A PROPOSAL FOR INCLUDING
LOW-INCOME CUSTOMERS AS SUBSCRIBERS TO A COMMUNITY GEOTHERMAL
GARDEN. THE UTILITY MAY GIVE PREFERENCE TO COMMUNITY GEOTHERMAL
GARDENS THAT HAVE LOW-INCOME SUBSCRIBERS.
(f) QUALIFYING RETAIL UTILITIES ARE ELIGIBLE FOR THE INCENTIVES
AND SUBJECT TO THE OWNERSHIP LIMITATIONS SET FORTH IN SECTION 40-2-124
(1)(f) FOR UTILITY INVESTMENTS IN COMMUNITY GEOTHERMAL GARDENS AND
MAY RECOVER THROUGH RATES A MARGIN, IN AN AMOUNT DETERMINED BY THE
COMMISSION, ON ALL ENERGY AND RENEWABLE ENERGY CREDITS PURCHASED
FROM COMMUNITY GEOTHERMAL GARDENS. SUCH INCENTIVE PAYMENTS ARE
EXCLUDED FROM THE COST ANALYSIS REQUIRED BY SECTION 40-2-124 (1)(g).
(6) NOTHING IN THIS SECTION WAIVES OR SUPERSEDES THE RETAIL RATE
IMPACT LIMITATIONS IN SECTION 40-2-124 (1)(g). UTILITY EXPENDITURES FOR
UNSUBSCRIBED ENERGY AND RENEWABLE ENERGY CREDITS GENERATED BY
COMMUNITY GEOTHERMAL GARDENS MUST BE INCLUDED IN THE CALCULATIONS
OF RETAIL RATE IMPACT REQUIRED BY THAT SECTION.
(7) Applicability to cooperative electric associations and
municipally owned utilities. THIS SECTION SHALL NOT APPLY TO COOPERATIVE
ELECTRIC ASSOCIATIONS OR TO MUNICIPALLY OWNED UTILITIES.
SECTION 12. In Colorado Revised Statutes, 25-7-105, amend
(1)(e)(VIII)(H) as follows:
25-7-105. Duties of commission - rules - legislative declaration -
definitions. (1) Except as provided in sections 25-7-130 and 25-7-131, the
commission shall promulgate rules that are consistent with the legislative
declaration set forth in section 25-7-102 and necessary for the proper
implementation and administration of this article 7, including:
(e) (VIII) (H) In verifying clean energy plans or a wholesale generation
and transmission cooperative electric resource plan submitted in accordance
with subsection (1)(e)(VIII)(I) of this section, the division shall prevent double
counting of emission reductions among utilities and shall consider electricity
generated by renewable energy resources as having zero greenhouse gas
emissions only if: The electricity is accompanied by any associated renewable
energy credit, and the renewable energy credit is retired on behalf of the utility's
customers in the year generated; or the electricity is generated by retail
distributed generation, as defined in sections 40-2-124 (1)(a)(VIII), and
40-2-127 (2)(b)(I)(A) and (2)(b)(I)(B), AND 40-2-127.5 (2)(a)(I) AND (2)(a)(II),
and the retail customer retains the renewable energy credit as part of a voluntary
renewable energy program.".

Renumber succeeding sections accordingly.
Page 23, strike lines 4 through 7 and substitute "a community solar garden, as
that term is defined in section 40-2-127 (2), C.R.S. If House Bill 10-1342 does
not take effect, there shall be no qualified community locations in the service
territories of investor-owned utilities. OR A COMMUNITY GEOTHERMAL GARDEN
AS THAT TERM IS DEFINED IN SECTION 42-2-127.5 (2).".

Page 23, strike lines 14 through 17 and substitute "a community solar garden
as that term is defined in section 40-2-127 (2), C.R.S. If House Bill 10-1342
does not take effect, there shall be no qualified community locations in the
service territories of investor-owned utilities. OR A COMMUNITY GEOTHERMAL
GARDEN AS THAT TERM IS DEFINED IN SECTION 42-2-127.5 (2).
SECTION 15. In Colorado Revised Statutes, 40-2-129, amend (3) as
follows:
40-2-129. New resource acquisitions - factors in determination -
local employment - "best value" metrics - performance audit. (3) The
provisions of this section regarding "best value" employment metrics do not
apply to projects involving retail distributed generation, as defined in section
40-2-124 (1)(a)(VIII), or 40-2-127 (2)(b)(I)(B), OR 40-2-127.5 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, 40-9.5-106, amend (2)
as follows:
40-9.5-106. Prohibited acts. (2) No cooperative electric association,
as to rates, charges, service, or facilities or as to any other matter, shall make or
grant any preference or advantage to any corporation or person or subject any
corporation or person to any prejudice or disadvantage. No cooperative electric
association shall establish or maintain any unreasonable difference as to rates,
charges, service, or facilities or as to any other matter, either between localities
or between any class of service. Notwithstanding section 40-6-108 (1)(b), any
complaint arising out of this subsection (2) signed by one or more customers of
such association shall be resolved by the public utilities commission in
accordance with the hearing and enforcement procedures established in articles
6 and 7 of this title. A cooperative electric association may approve any
reasonable rate, charge, service, classification, or facility that establishes a
graduated rate for increased energy consumption, for energy conservation and
energy efficiency purposes, by residential customers that is revenue-neutral for
the class, where revenue includes margins, expenses, riders, or charges as
approved by the cooperative electric association. The implementation of such
rate, charge, service, classification, or facility by a cooperative electric
association shall not be deemed to subject any person or corporation to any
prejudice, disadvantage, or undue discrimination. In adopting such rate, a
cooperative electric association shall give due consideration to the impact of
such rates on low-income customers. A cooperative electric association may
utilize a community energy fund as contemplated by section 40-2-127 SECTIONS
40-2-127 AND 40-2-127.5 for energy efficiency, energy conservation,
weatherization, and renewable energy purposes. A cooperative electric
association shall not apply such rate to consumers that have single meters that
record energy consumption for combined residential and agricultural uses.".


Education

Senate Journal, April 1
After consideration on the merits, the Committee recommends that SB22-118 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the State, Veterans, & Military Affairs Committee Report, dated March
3, 2022, page 4, line 22, strike "MEGAWATTS ON OR AFTER JULY 1, 2023." and
substitute "MEGAWATTS.".

Page 6, line 22, strike "SHALL" and substitute "MAY".

Page 6, line 27, strike "(IV)" and substitute "(II)".

Page 6, line 28, strike "2023" and substitute "2026".

Page 6, lines 32, strike "SHALL" and substitute "MAY" and strike "NECESSARY,"
and substitute "NECESSARY AND APPROPRIATE,".

Page 8, line 26, strike "EACH" and substitute "IF A QUALIFYING RETAIL UTILITY
INCLUDES A PLAN TO PURCHASE THE ELECTRICITY AND RENEWABLE ENERGY
CREDITS GENERATED BY ONE OR MORE COMMUNITY GEOTHERMAL GARDENS,
THEN THE".

Page 8, line 29, strike "GARDEN." and substitute "GARDEN, IF POSSIBLE.".

Amend printed bill, page 23, before line 18 insert:

"SECTION 17. Appropriation. For the 2022-23 state fiscal year,
$15,000 is appropriated to the office of the governor for use by the colorado
energy office. This appropriation is from the general fund. To implement this
act, the office may use this appropriation for program administration.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "ENERGY." and substitute "ENERGY, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations

House Journal, April 21
39 SB22-118 be amended as follows, and as so amended, be referred to
40 the Committee on Finance with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 22, line 18, strike "(2)(b)(II)" and substitute
44 "(2)(a)(II)".
45
46

Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB22-119 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, lines 9 and 10, strike "DEPARTMENT OF REVENUE'S".

Page 3, line 8, strike "ARBITRARILY".

Page 3, line 15, strike "RESTORE" and substitute "ENSURE".

Page 4, line 26, strike "DONOR," and substitute "DONOR WITHIN FIVE YEARS
PRIOR TO THE DATE OF THE DONATION FROM A PERSON OTHER THAN A FAMILY
MEMBER OF THE DONOR OR A TRUST OR OTHER LEGAL ENTITY CONTROLLED BY
THE DONOR OR ONE OR MORE FAMILY MEMBERS OF THE DONOR,".

Page 5, line 20, strike "DIVISION AND".

Page 5, strike line 21.
Page 5, line 22, strike "WITH SECTION 12-15-106 (14.5)." and substitute
"DIVISION.".

Page 7, strike lines 12 and 13 and substitute "THE NEW CREDIT ISSUED TO A
TRANSFEREE SHALL NOT EXCEED THE AMOUNT OF THE ORIGINAL TAX CREDIT
PURCHASED BY THE TRANSFEREE, LESS ANY AMOUNT".


Finance

Senate Journal, March 16
After consideration on the merits, the Committee recommends that SB22-138 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, strike lines 5 through 23.

Page 4, strike lines 1 through 5 and substitute "rules - definition. (1) THE
COMMISSIONER SHALL ADOPT RULES REQUIRING THAT, BEGINNING IN 2023,
INSURERS ISSUED A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS
PURSUANT TO PART 1 OF THIS ARTICLE 3 THAT REPORT MORE THAN ONE
HUNDRED MILLION DOLLARS ON THEIR ANNUAL NAIC SCHEDULE T FILING
PARTICIPATE IN AND COMPLETE THE NAIC'S ANNUAL "INSURER CLIMATE RISK
DISCLOSURE SURVEY". IF AN INSURER REPORTS LESS THAN ONE HUNDRED
MILLION DOLLARS ON ITS ANNUAL NAIC SCHEDULE T FILING, THE INSURER MAY
PARTICIPATE IN AND COMPLETE THE SURVEY VOLUNTARILY.
(2) AS USED IN THIS SECTION, "NAIC" MEANS THE NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONERS, AN ORGANIZATION OF
INSURANCE REGULATORS FROM THE FIFTY STATES, THE DISTRICT OF COLUMBIA,
AND THE FOUR UNITED STATES TERRITORIES.".

Page 4, strike lines 14 and 15 and substitute:

"(b) AS USED IN THIS SECTION, "CLIMATE-RISK ASSESSMENT" MEANS A
DETERMINATION OF THE ECONOMIC AND BUSINESS RISKS THAT CLIMATE CHANGE
POSES TO AN INVESTMENT. SUCH RISKS INCLUDE TRANSPORTATION AND SUPPLY
DISRUPTIONS AND INFRASTRUCTURE DAMAGE ARISING FROM SEVERE WEATHER
EVENTS; INCREASED COSTS ASSOCIATED WITH COMPETITION FOR DEPLETING
NONRENEWABLE RESOURCES; AND REDUCED PRODUCTIVITY ARISING FROM
EXTREME TEMPERATURES, VECTOR-BORNE DISEASES, AND OTHER HEALTH
IMPACTS OF CLIMATE CHANGE.
SECTION 3. In Colorado Revised Statutes, 25-6.5-201, amend (2); and
add (3) as follows:
25-6.5-201. Definitions. As used in this part 2, unless the context
otherwise requires:
(2) (a) "Pollution control equipment" means any personal property,
including, but not limited to, equipment, machinery, devices, systems,
buildings, or structures, that is installed, constructed, or used in or as a part of
a facility that creates a product in a manner that generates less pollution by the
utilization of an alternative manufacturing or generating technology.
(b) "Pollution control equipment" includes, but is not limited to:
(I) Gas or wind turbines and associated compressors or equipment; or
(II) Solar, thermal, or photovoltaic equipment; OR
(III) WASTEWATER THERMAL ENERGY EQUIPMENT.
(3) "WASTEWATER THERMAL ENERGY EQUIPMENT" MEANS EQUIPMENT
USED AS PART OF A SYSTEM THAT USES THERMAL ENERGY IN WASTEWATER TO
GENERATE ELECTRICITY, TO HEAT OR COOL A SPACE, OR FOR ANY OTHER USEFUL
THERMAL PURPOSE.".

Renumber succeeding sections accordingly.
Page 5, after line 7 insert:

"SECTION 4. In Colorado Revised Statutes, 25-7-105, amend
(1)(e)(XIII) introductory portion as follows:
25-7-105. Duties of commission - rules - legislative declaration -
definitions. (1) Except as provided in sections 25-7-130 and 25-7-131, the
commission shall promulgate rules that are consistent with the legislative
declaration set forth in section 25-7-102 and necessary for the proper
implementation and administration of this article 7, including:
(e) (XIII) In implementing this subsection (1)(e), the commission shall
adopt rules to reduce statewide greenhouse gas emissions from the industrial
and manufacturing sector in the state by at least twenty percent by 2030 below
the 2015 baseline established pursuant to section 25-7-140 (2)(a)(II), taking into
account the factors set out in subsections (1)(e)(II) to (1)(e)(VI) of this section.
The rules must include protections for disproportionately impacted
communities and prioritize emission reductions that will reduce emissions of
co-pollutants that adversely affect disproportionately impacted communities, be
designed to accelerate near-term reductions, and secure meaningful emission
reductions from this sector to be realized beginning no later than September 30,
2024. THE COMMISSION SHALL ADOPT THE RULES PURSUANT TO THIS
SUBSECTION (1)(e)(XIII) ON OR BEFORE DECEMBER 31, 2022. The rules must:".

Renumber succeeding sections accordingly.

Page 5, strike lines 8 through 27.

Strike page 6.

Page 7, strike lines 1 through 3.

Renumber succeeding sections accordingly.

Page 7, strike line 14 and substitute "(9)(a); and add (9)(c) as follows:".

Page 7, line 16, strike "definition." and substitute "definitions.".

Page 7, line 17, after "law," insert "SUBJECT TO SUBSECTION (9)(c) OF THIS
SECTION AND ONLY AFTER THE GOVERNOR AND COMMISSION HAVE MADE AN
AFFIRMATIVE DETERMINATION THAT THE STATE HAS SUFFICIENT RESOURCES
NECESSARY TO ENSURE THE SAFE AND EFFECTIVE REGULATION OF THE
SEQUESTRATION OF GREENHOUSE GASES IN ACCORDANCE WITH FINDINGS FROM
THE COMMISSION'S STUDY CONDUCTED PURSUANT TO SUBSECTION (9)(b) OF
THIS SECTION,".

Page 7, strike lines 23 and 24 and substitute "TERM IS DEFINED IN SECTION
25-7-140 (6).
(c) (I) THE COMMISSION MAY SEEK CLASS VI INJECTION WELL PRIMACY
UNDER THE FEDERAL "CLEAN AIR ACT", 42 U.S.C. SEC. 7401 ET SEQ., AS
AMENDED, AFTER OBTAINING AND PUBLICLY DETERMINING THAT THE
COMMISSION HAS THE NECESSARY RESOURCES FOR THE APPLICATION OUTLINED
IN THE COMMISSION'S STUDY PERFORMED PURSUANT TO SUBSECTION (9)(b) OF
THIS SECTION.
(II) THE COMMISSION MAY ISSUE AND ENFORCE PERMITS AS NECESSARY
FOR THE PURPOSE SET FORTH IN THIS SUBSECTION (9)(c) AFTER THE
DETERMINATION SET FORTH IN SUBSECTION (9)(c)(I) OF THIS SECTION HAS BEEN
MADE AND THE REQUIREMENTS SET FORTH IN SUBSECTION (9)(a) OF THIS
SECTION HAVE BEEN SATISFIED. IN ISSUING AND ENFORCING PERMITS PURSUANT
TO THIS SUBSECTION (9)(c), THE COMMISSION SHALL ENSURE THAT THE
PERMITTING OF CLASS VI INJECTION WELLS DOES NOT ADVERSELY AND
DISPROPORTIONATELY AFFECT THE HEALTH AND WELL-BEING OF
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(III) NOTWITHSTANDING THE PERMITTING OF A WELL BY THE
COMMISSION, THE OPERATOR IS FINANCIALLY RESPONSIBLE FOR ALL OUTCOMES,
AND THE COMMISSION SHALL REQUIRE THE OPERATOR TO PROVIDE ADEQUATE
BONDING TO ENSURE THAT THE OPERATOR IS FINANCIALLY ABLE TO MEET ALL
OBLIGATIONS RELATED TO THE WELL THROUGHOUT THE LIFE OF THE WELL. THE
COMMISSION SHALL ALSO ENSURE THAT THE OPERATOR CARRIES ADEQUATE
INSURANCE TO COVER ACCIDENTS AT AND ENVIRONMENTAL DAMAGE CAUSED
BY THE WELL.
(IV) AS USED IN THIS SUBSECTION (9), "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).".

Page 8, strike line 1 and substitute "opportunities in agriculture and land
management - definition - reporting - repeal. (1) (a) IN CONSULTATION".

Page 8, line 4, strike "DESIGNEE" and substitute "DESIGNEE, IN CONSULTATION
WITH AN INSTITUTION OF HIGHER EDUCATION WITH EXPERTISE IN CLIMATE
CHANGE MITIGATION, ADAPTATION BENEFITS, AND OTHER ENVIRONMENTAL
BENEFITS RELATED TO AGRICULTURAL RESEARCH,".

Page 8, line 6, after "SECTOR" insert "AND IN LAND MANAGEMENT".

Page 8, strike lines 10 through 17 and substitute "PRODUCERS AND IN LAND
MANAGEMENT. A CERTIFIED CARBON OFFSET PROGRAM AND CREDIT
INSTRUMENTS OFFERED MUST REFLECT REAL, ADDITIONAL, QUANTIFIABLE,
PERMANENT, VERIFIABLE, AND ENFORCEABLE REDUCTIONS IN GREENHOUSE GAS
EMISSIONS THAT ARE EQUIVALENT TO THE OFFSETS PROVIDED.
(b) CARBON OFFSETS DEVELOPED FOR AGRICULTURAL PRODUCERS IN
ACCORDANCE WITH THIS SECTION MAY BE:
(I) INCORPORATED INTO THE AIR QUALITY CONTROL COMMISSION'S
RULES, INCLUDING RULES ADOPTED UNDER SECTION 25-7-105 (1)(e) ,SUCH AS
RULES CONCERNING COORDINATION WITH OTHER JURISDICTIONS PURSUANT TO
THE AUTHORITY GRANTED IN, AND THE CONSIDERATIONS REQUIRED UNDER,
SECTION 25-7-105 (1)(e)(V); AND
(II) USED AS COMPLIANCE INSTRUMENTS BY A SOURCE REGULATED
UNDER ARTICLE 7 OF TITLE 25 WITH EMISSION REDUCTION OBLIGATIONS THAT
ENSURE THAT THE SOURCE'S OVERALL, ABSOLUTE EMISSIONS DECLINE
CONSISTENT WITH THE STATEWIDE GREENHOUSE GAS EMISSION REDUCTION
GOALS SET FORTH IN SECTION 25-7-102 (2)(g).
(c) (I) THE STUDY SHALL IDENTIFY POLICY MECHANISMS TO MITIGATE
THE IMPACTS THAT REGULATED SOURCES' USE OF CARBON OFFSETS HAVE ON
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(II) AS USED IN THIS SUBSECTION (1)(c), "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(2) ON OR BEFORE OCTOBER 1, 2024, THE COMMISSIONER OR
COMMISSIONER'S DESIGNEE SHALL SUBMIT TO THE GENERAL ASSEMBLY A
REPORT SUMMARIZING THE STUDY, INCLUDING ANY LEGISLATIVE, REGULATORY,
OR OTHER RECOMMENDATIONS FOR DESIGNING AND IMPLEMENTING CARBON
REDUCTION AND SEQUESTRATION OPPORTUNITIES FOR THE AGRICULTURAL
SECTOR AND IN LAND MANAGEMENT IN THE STATE. THE COMMISSIONER OR
COMMISSIONER'S DESIGNEE SHALL SUBMIT TO THE GENERAL ASSEMBLY AN
UPDATE ON THE PROGRESS OF THE STUDY ON OR BEFORE OCTOBER 1, 2023.
(3) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.".

Page 8, line 21, strike "agrivoltaics." and substitute "agrivoltaics - repeal.".

Page 9, line 3, strike "USE" and substitute "USE, COSTS, AND BENEFITS".

Page 9, line 4, strike "businesses." and substitute "businesses OR PROVIDE
OTHER ENVIRONMENTAL, SOCIAL, OR ECONOMIC BENEFITS TO THE STATE.".

Page 9, after line 8 insert:

"(III) TO IMPLEMENT SUBSECTION (1)(a)(II) OF THIS SECTION, THE STATE
TREASURER SHALL TRANSFER ONE MILLION EIGHT HUNDRED THOUSAND
DOLLARS FROM THE GENERAL FUND TO THE AGRICULTURE VALUE-ADDED CASH
FUND CREATED IN SECTION 35-75-205:
(A) ON THE EFFECTIVE DATE OF THIS SUBSECTION (1)(a)(III); AND
(B) ON JULY 1, 2023, AND ON EACH JULY 1 THEREAFTER THROUGH JULY
1, 2027.
(IV) SUBSECTION (1)(a)(III) OF THIS SECTION AND THIS SUBSECTION
(1)(a)(IV) ARE REPEALED, EFFECTIVE JULY 1, 2028.".

Page 9, strike line 27.

Page 10, strike line 1 and substitute "MORE SOLAR ENERGY GENERATION
FACILITIES DIRECTLY INTEGRATED WITH AGRICULTURAL ACTIVITIES, INCLUDING
CROP".

Page 10, line 25, before "repeal." insert "rules -".

Page 13, strike lines 5 through 8 and substitute:

"(a) "SMALL OFF-ROAD ENGINE" MEANS A GASOLINE-POWERED ENGINE
OF TEN HORSEPOWER OR LESS THAT IS USED TO FUEL SMALL OFF-ROAD
EQUIPMENT.
(b) "SMALL OFF-ROAD EQUIPMENT" MEANS A LAWN MOWER, LEAF
BLOWER, TRIMMER, OR OTHER LAWN AND GARDEN EQUIPMENT, AS DETERMINED
BY RULE BY THE AIR QUALITY CONTROL COMMISSION CREATED IN SECTION
25-7-104 (1).".

Page 13, after line 11 insert:

"SECTION 12. Appropriation. For the 2022-23 state fiscal year,
$2,200,000 is appropriated to the department of agriculture. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation for the purpose of conducting a study pursuant to section
35-1-116, C.R.S.".
SECTION 13. In Colorado Revised Statutes, 40-3.2-108, amend
(2)(c)(V); and add (2)(c)(V.5) and (2)(r) as follows:
40-3.2-108. Clean heat targets - legislative declaration - definitions
- plans - rules - reports. (2) Definitions. As used in this section, unless the
context otherwise requires:
(c) "Clean heat resource" means any one or a combination of:
(V) Pyrolysis of tires if the pyrolysis meets a recovered methane
protocol; and
(V.5) WASTEWATER THERMAL ENERGY; AND
(r) "WASTEWATER THERMAL ENERGY" MEANS A SYSTEM THAT USES
THERMAL ENERGY IN WASTEWATER TO GENERATE ELECTRICITY, TO HEAT OR
COOL A SPACE, OR FOR ANY OTHER USEFUL THERMAL PURPOSE.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Trans-
portation &
Energy

Senate Journal, March 31
After consideration on the merits, the Committee recommends that SB22-138 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend the Transportation and Energy Committee Report, dated March 15,
2022, page 1, line 2, strike "5" and substitute "15".

Page 1 of the report, strike lines 7 through 10 and substitute "SCHEDULE T
FILING, OR SUCH OTHER THRESHOLD DOLLAR AMOUNT THAT THE NAIC
ESTABLISHES IN SUBSEQUENT YEARS, PARTICIPATE IN AND COMPLETE THE
NAIC'S ANNUAL "INSURER CLIMATE RISK DISCLOSURE SURVEY", OR SUCH
OTHER SURVEY OR REPORTING MECHANISM THAT THE NAIC REQUIRES IN
SUBSEQUENT YEARS. IF AN INSURER REPORTS LESS THAN ONE HUNDRED MILLION
DOLLARS ON ITS ANNUAL NAIC SCHEDULE T FILING, OR SUCH OTHER
THRESHOLD DOLLAR AMOUNT THAT THE NAIC ESTABLISHES IN SUBSEQUENT
YEARS, THE INSURER MAY PARTICIPATE IN AND COMPLETE".

Page 1 of the report, strike lines 15 through 25 and substitute "COLUMBIA, AND
THE FOUR UNITED STATES TERRITORIES.
SECTION 2. In Colorado Revised Statutes, amend 24-51-220 as
follows:
24-51-220. Reports - periodic reports to general assembly -
inclusion of climate risk assessment in annual stewardship report. (1) The
association shall provide SUBMIT a report to the general assembly on January
1, 2016, and every five years thereafter, regarding the economic impact of the
2010 legislative changes to the annual increase provisions on the retirees and
benefit recipients as compared to the actual rate of inflation and the progress
made toward eliminating the unfunded liabilities of each division of the
association.
(2) ON AND AFTER JANUARY 1, 2024, THE ASSOCIATION SHALL INCLUDE,
AS PART OF ITS ANNUAL INVESTMENT STEWARDSHIP REPORT THAT IT POSTS ON
ITS WEBSITE, A DESCRIPTION OF:
(a) THE ASSOCIATION'S PROCESS FOR IDENTIFYING CLIMATE
CHANGE-RELATED RISKS AND ASSESSING THE FINANCIAL IMPACT THAT THE
CLIMATE CHANGE-RELATED RISKS HAVE ON THE ASSOCIATION'S OPERATIONS;
(b) THE CURRENT OR ANTICIPATED FUTURE RISKS THAT CLIMATE
CHANGE POSES TO THE ASSOCIATION'S INVESTMENT PORTFOLIO, THE IMPACT
THAT CLIMATE CHANGE HAS ON THE ASSOCIATION'S INVESTMENT STRATEGIES,
AND ANY STRATEGY CHANGES THAT THE ASSOCIATION HAS IMPLEMENTED IN
RESPONSE TO SUCH IMPACT;
(c) ACTIONS THAT THE ASSOCIATION IS TAKING TO MANAGE THE RISKS
THAT CLIMATE CHANGE POSES TO THE ASSOCIATION'S OPERATIONS; AND
(d) THE ASSOCIATION'S USE AND CONSIDERATION OF ANY
CLIMATE-RELATED REPORTING THAT THE FEDERAL SECURITIES AND EXCHANGE
COMMISSION REQUIRES.".

Page 2 of the report, after line 19 insert:

"Page 4, strike lines 25 and 26.

Reletter succeeding sub-subparagraphs accordingly.

Page 5, after line 1 insert:
"(C) A SIXTY-FIVE PERCENT REDUCTION IN STATEWIDE GREENHOUSE
GAS POLLUTION BY 2035;".

Reletter succeeding sub-subparagraphs accordingly.".

Page 2 of the report, strike lines 38 through 40 and substitute "this sector to be
realized beginning no later than September 30, 2024. ON OR BEFORE AUGUST
1, 2023, THE COMMISSION SHALL ADOPT RULES TO REDUCE GREENHOUSE GAS
EMISSIONS FROM, AT A MINIMUM, THE SOURCES WITHIN THE INDUSTRIAL AND
MANUFACTURING SECTOR THAT, PURSUANT TO COMMISSION RULES REQUIRING
GREENHOUSE GAS REPORTING, REPORTED DURING THE 2020 CALENDAR YEAR
GREENHOUSE GAS EMISSIONS IN AN AMOUNT GREATER THAN TWENTY-FIVE
THOUSAND METRIC TONS. The rules must:".

Page 3 of the report, strike line 18 and substitute "PRIMACY UNDER THE
FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET".

Page 3 of the report, strike lines 32 through 35.

Page 4 of the report, strike lines 1 through 4 and substitute:

"(III) (A) THE COMMISSION SHALL REQUIRE EACH OPERATOR OF A CLASS
VI INJECTION WELL TO PROVIDE ADEQUATE FINANCIAL ASSURANCE
DEMONSTRATING THAT THE OPERATOR IS FINANCIALLY CAPABLE OF FULFILLING
EVERY OBLIGATION IMPOSED ON THE OPERATOR UNDER THIS ARTICLE 60 AND
UNDER RULES THAT THE COMMISSION ADOPTS PURSUANT TO THIS ARTICLE 60.
(B) THE FINANCIAL ASSURANCE REQUIRED UNDER THIS SUBSECTION
(9)(c)(III) MUST COVER THE COST OF CORRECTIVE ACTION, INJECTION WELL
PLUGGING, POST-INJECTION SITE CARE, AND SITE CLOSURE, AS THOSE TERMS ARE
DEFINED IN 40 CFR 146.81, AND THE COST OF ANY EMERGENCY AND REMEDIAL
RESPONSE.
(C) THE COMMISSION SHALL ADOPT RULES REQUIRING THAT FINANCIAL
ASSURANCE COVER THE COST OF OBLIGATIONS THAT ARE IN ADDITION TO THE
OBLIGATIONS LISTED IN SUBSECTION (9)(c)(III)(B) OF THIS SECTION IF THE
ADDITIONAL OBLIGATIONS ARE REASONABLY ASSOCIATED WITH CLASS VI
INJECTION WELLS AND LOCATIONS.
(D) AN OPERATOR SHALL MAINTAIN THE FINANCIAL ASSURANCE
REQUIRED UNDER THIS SUBSECTION (9)(c)(III) OR UNDER ANY RULES ADOPTED
PURSUANT TO THIS SUBSECTION (9)(c)(III) UNTIL THE COMMISSION APPROVES
SITE CLOSURE, AS SPECIFIED IN RULES ADOPTED BY THE COMMISSION.
COMMISSION APPROVAL OF A SITE CLOSURE DOES NOT OTHERWISE MODIFY AN
OPERATOR'S RESPONSIBILITY TO COMPLY WITH APPLICABLE LAWS.
(E) FINANCIAL ASSURANCE PROVIDED UNDER THIS SUBSECTION
(9)(c)(III) MAY BE IN THE FORM OF A SURETY BOND, INSURANCE, OR ANY OTHER
INSTRUMENT THAT THE COMMISSION, BY RULE, DEEMS SATISFACTORY.".

Page 4 of the report, line 9, strike "repeal." and substitute "rules.".

Page 5 of the report, strike line 11 and substitute:
"(3) (a) UPON CONCLUSION OF THE STUDY, WITH REGARD TO ANY
RECOMMENDATIONS OF THE STUDY THAT DO NOT REQUIRE LEGISLATIVE
CHANGES, THE COMMISSIONER, IN CONSULTATION WITH THE COLORADO ENERGY
OFFICE AND THE AIR QUALITY CONTROL COMMISSION, MAY ADOPT RULES TO
IMPLEMENT THE RECOMMENDATIONS.
(b) IF THE COMMISSIONER ADOPTS RULES PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, THE DEPARTMENT SHALL INCLUDE A SUMMARY OF THE
RULES AS PART OF THE DEPARTMENT'S REGULATORY AGENDA THAT IS FILED
WITH THE STAFF OF LEGISLATIVE COUNCIL AND THE SECRETARY OF STATE
PURSUANT TO SECTION 2-7-203 (4) AND THAT IS INCLUDED IN THE
DEPARTMENT'S "STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT" PRESENTATION REQUIRED UNDER
SECTION 2-7-203 THAT IMMEDIATELY PRECEDES THE ADOPTION OF THE
RULES.".".

Page 5 of the report, after line 31 insert:

"Page 11, strike lines 23 through 27.

Page 12, strike lines 1 through 5 and substitute "SUBSECTION (4) OF THIS
SECTION DETAILING THE SALES OF NEW, ELECTRIC-POWERED, SMALL OFF-ROAD
EQUIPMENT, AS REPORTED BY TAXPAYERS CLAIMING THE CREDIT AUTHORIZED
UNDER SUBSECTION (2) OF THIS SECTION.
(2) (a) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2023, BUT BEFORE JANUARY 1, 2030, A TAXPAYER IS ALLOWED A CREDIT
AGAINST THE TAX IMPOSED PURSUANT TO THIS ARTICLE 22 IN AN AMOUNT
EQUAL TO THIRTY PERCENT OF THE AGGREGATE PURCHASE PRICE FOR ALL
RETAIL SALES, AS THOSE TERMS ARE DEFINED IN SECTION 39-26-102, OF NEW,
ELECTRIC-POWERED, SMALL OFF-ROAD EQUIPMENT THAT THE TAXPAYER SOLD
IN THE STATE DURING THE TAX YEAR.
(b) IN ORDER TO QUALIFY FOR THE CREDIT ALLOWED UNDER THIS
SUBSECTION (2), THE TAXPAYER SHALL PROVIDE A PURCHASER OF A PIECE OF
NEW, ELECTRIC-POWERED, SMALL OFF-ROAD EQUIPMENT, A THIRTY PERCENT
DISCOUNT FROM THE PURCHASE PRICE OF THE PIECE OF NEW,
ELECTRIC-POWERED, SMALL OFF-ROAD EQUIPMENT AND SHALL SHOW THE
DISCOUNT AS A SEPARATE ITEM ON THE RECEIPT OR INVOICE PROVIDED TO THE
PURCHASER.
(c) TO DETERMINE WHETHER A TAXPAYER SOLD NEW,
ELECTRIC-POWERED, SMALL OFF-ROAD EQUIPMENT IN THIS STATE, THE RULES
OF SECTION 39-26-104 (3)(a) APPLY.".

Page 12, strike lines 23 through 26 and substitute "AUDITOR A REPORT
DETAILING THE SALES OF NEW, ELECTRIC-POWERED, SMALL OFF-ROAD
EQUIPMENT, AS REPORTED BY TAXPAYERS CLAIMING THE CREDIT AUTHORIZED
UNDER SUBSECTION (2) OF THIS SECTION. THE TAX CREDIT".

Page 13, lines 1 and 2, strike "BY TEN PERCENT" and substitute
"SIGNIFICANTLY".".

Page 6 of the report, strike lines 3 through 6 and substitute:
"(b) "SMALL OFF-ROAD EQUIPMENT" MEANS A LAWN MOWER, LEAF
BLOWER, OR TRIMMER.".".

Senate Journal, April 19
After consideration on the merits, the Committee recommends that SB22-138 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Transportation and Energy Committee Report, dated March 15,
2022, page 6, strike lines 8 through 12 and lines 26 and 27.

Amend printed bill, page 13, before line 12 insert:

"SECTION 12. Appropriation. (1) For the 2022-23 state fiscal year,
$81,429 is appropriated to the department of natural resources for use by the oil
and gas conservation commission. This appropriation is from the oil and gas
conservation and environmental response fund created in section 34-60-122
(5)(a), C.R.S., and is based on an assumption that the commission will require
an additional 0.8 FTE. To implement this act, the commission may use this
appropriation for the underground injection program.
(2) For the 2022-23 state fiscal year, $145,789 is appropriated to the
department of public health and environment for use by the air pollution control
division. This appropriation is from the general fund. To implement this act, the
subdivision may use this appropriation as follows:
(a) $131,094 for personal services related to stationary sources, which
amount is based on an assumption that the division will require an additional
1.5 FTE; and
(b) $14,695 for operating expenses related to stationary sources.
(3) For the 2022-23 state fiscal year, $2,098,784 is appropriated to the
department of agriculture for use by the agricultural services division. This
appropriation is from the general fund and is based on an assumption that the
division will require an additional 0.8 FTE. To implement this act, the division
may use this appropriation for conservation services.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations

House Journal, May 5
41 SB22-138 be amended as follows, and as so amended, be referred to
42 the Committee on Appropriations with favorable
43 recommendation:
44
45 Amend reengrossed bill, page 6, strike line 14 and substitute "(1)(e)(IX)
46 and (1)(e)(XIII) introductory portion; and add (1)(e)(IX.3), (1)(e)(IX.5),
47 (1)(e)(IX.7), (1)(e)(XIV), and (1)(e)(XV) as follows:".
48
49 Page 6, line 16, strike "definitions." and substitute "definitions -
50 repeal.".
51
52 Page 6, strike line 20 and substitute:
53
54
1 "(e) (IX) (A) In addressing greenhouse gas emissions from an
2 energy-intensive, trade-exposed manufacturing source, the commission
3 shall require the source to execute an energy and emission control audit,
4 according to criteria established by the commission, of the source's
5 operations every five years through at least 2035. A qualified third party,
6 as determined by the commission, shall conduct the audit and submit the
7 results to the commission.
8 (B) If the commission determines that the source currently
9 employs best available emission control technologies for greenhouse gas
10 emissions and best available energy efficiency practices, the commission
11 shall not impose a direct nonadministrative cost on the source directly
12 associated with at least ninety-five percent of the source's greenhouse gas
13 emissions attributable to manufacturing a good in this state for a period
14 of five years, if the source's emissions are not greater than the emissions
15 associated with use of the best available emission control technologies as
16 determined by the commission.
17 (C) The commission shall consider how program design as
18 relevant to those sources can further mitigate the cost of reducing
19 emissions for such manufacturers while providing an incentive to
20 improve efficiency and reduce emissions. Specifically, the commission
21 shall design the program as relevant to those sources such that as the
22 sources are subject to emission reduction requirements, those sources will
23 have, under the program, a pathway to obtain equivalent lower-cost
24 emission reductions at other regulated sources to satisfy their compliance
25 obligations.
26 (B) (IX.3) As used in this subsection (1)(e)(IX) OF THIS SECTION,
27 "energy-intensive, trade-exposed manufacturing source" means: an
28 (A) ANY entity, INCLUDING AN entity that principally manufactures
29 iron, steel, aluminum, pulp, paper, or cement, and WHICH ENTITIES SHALL
30 BE DEEMED PRESUMPTIVELY ENERGY-INTENSIVE, TRADE-EXPOSED
31 MANUFACTURING SOURCES; OR
32 (B) AN ENTITY that is engaged in the manufacture of goods
33 through one or more emissions-intensive, trade-exposed processes, as
34 determined by the commission UPON A PETITION BY SUCH ENTITY, USING
35 THE DEFINITIONS SET FORTH IN SUBSECTION (1)(e)(IX.5) OF THIS SECTION.
36 (IX.5) AS USED IN THIS SUBSECTION (1)(e):
37 (A) "EMISSIONS-INTENSIVE" MEANS THAT AN ENTITY REPORTS
38 DIRECT GREENHOUSE GAS EMISSIONS EQUAL TO OR GREATER THAN
39 TWENTY-FIVE THOUSAND METRIC TONS OF CARBON DIOXIDE EQUIVALENT
40 PER YEAR UNDER FEDERAL REGULATIONS OR STATE RULES.
41 (B) "TRADE-EXPOSED" MEANS THAT AN ENTITY THAT
42 MANUFACTURES GOODS IN THE INDUSTRIAL AND MANUFACTURING SECTOR
43 INCURS COSTS TO COMPLY WITH STATE RULES TO WHICH OUT-OF-STATE
44 COMPETITORS ARE NOT SUBJECT OR THAT SUCH ENTITY WOULD OTHERWISE
45 BE DISADVANTAGED COMPETITIVELY IF REQUIRED TO COMPLY WITH THE
46 RULES THAT THE COMMISSION ADOPTS PURSUANT TO SUBSECTION
47 (1)(e)(XIII) OF THIS SECTION.
48 (IX.7) ON OR BEFORE AUGUST 1, 2023, THE COMMISSION SHALL
49 MODIFY ANY RULES ADOPTED PURSUANT TO SUBSECTION (1)(e)(IX) OF
50 THIS SECTION TO REFLECT THE DEFINITIONS SET FORTH IN SUBSECTION
51 (1)(e)(IX.5) OF THIS SECTION.
52 (XIII) In implementing this subsection (1)(e), the commission".
53
54 Page 7, line 7, before "GREENHOUSE" insert "DIRECT FACILITY".
55
1 Page 7, strike line 11 and substitute:
2
3 "(XIV) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
4 (A) PURSUANT TO SUBSECTION (1)(e)(XIII) OF THIS SECTION, THE
5 COMMISSION IS REQUIRED TO ADOPT RULES ON OR BEFORE AUGUST 1,
6 2023, TO REDUCE GREENHOUSE GAS EMISSIONS FROM SOURCES WITHIN THE
7 INDUSTRIAL AND MANUFACTURING SECTOR THAT REPORTED, PURSUANT
8 TO PART A OF 5 CCR 1001-26, REFERRED TO IN THIS SUBSECTION
9 (1)(e)(XIV) AS "REGULATION NUMBER 22", DIRECT FACILITY GREENHOUSE
10 GAS EMISSIONS OF GREATER THAN TWENTY-FIVE THOUSAND METRIC TONS
11 FROM CALENDAR YEAR 2020;
12 (B) THE LIMITATION SET FORTH IN SUBSECTION (1)(e)(XIII) OF
13 THIS SECTION TO REPORT "DIRECT FACILITY" GREENHOUSE GAS EMISSIONS
14 IS INTENDED TO EXCLUDE FROM THE TWENTY-FIVE THOUSAND METRIC TON
15 TRIGGER THE INDIRECT GREENHOUSE GAS EMISSIONS REPORTED UNDER
16 REGULATION NUMBER 22, SUCH AS INDIRECT EMISSIONS REPORTED BY
17 MIDSTREAM NATURAL GAS LIQUID FRACTIONATORS PURSUANT TO SUBPART
18 NN, SUPPLIERS OF NATURAL GAS LIQUIDS, OF 40 CFR PART 98 REGARDING
19 MANDATORY GREENHOUSE GAS REPORTING, INCLUDING EMISSIONS
20 RESULTING FROM THE COMBUSTION OR RELEASE OF PRODUCTS BEING
21 SUPPLIED BY NATURAL GAS LIQUID FRACTIONATOR SUPPLIERS;
22 (C) THROUGH REGULATION NUMBER 22, THE COMMISSION
23 ADOPTED A SEPARATE RULE IN DECEMBER 2021 REGARDING, AMONG
24 OTHER THINGS, THE CONTROL OF INDUSTRIAL AND MANUFACTURING
25 DIRECT EMISSIONS FROM FUEL COMBUSTION EQUIPMENT UTILIZED BY
26 MIDSTREAM NATURAL GAS FRACTIONATORS;
27 (D) THE LIMITATION DESCRIBED IN SUBSECTION (1)(e)(XIV)(B) OF
28 THIS SECTION IS NOT INTENDED TO ALTER THE EXISTING STATUTORY
29 DEFINITION OF "INDUSTRIAL AND MANUFACTURING SECTOR" SET FORTH IN
30 SUBSECTION (1)(e)(XI)(B.5) OF THIS SECTION, WHICH DEFINITION
31 INCLUDES EMISSIONS FROM BOTH ENERGY COMBUSTION AND ENERGY USE
32 AND INDUSTRIAL PROCESSES BY SOURCES IN THE INDUSTRIAL AND
33 MANUFACTURING SECTOR; AND
34 (E) THE PHRASE "AT A MINIMUM" IN SUBSECTION (1)(e)(XIII) OF
35 THIS SECTION IS INTENDED TO CLARIFY THAT THE COMMISSION HAS A
36 MANDATORY DUTY TO REGULATE CERTAIN INDUSTRIAL AND
37 MANUFACTURING SOURCES IN THE 2023 RULE-MAKING REQUIRED UNDER
38 SUBSECTION (1)(e)(XIII) OF THIS SECTION AND THAT THE COMMISSION
39 RETAINS THE DISCRETION TO INCLUDE OTHER INDUSTRIAL AND
40 MANUFACTURING SOURCES IN THAT RULE-MAKING.
41 (XV) THIS SUBSECTION (1)(e)(XV) AND SUBSECTION (1)(e)(XIV)
42 OF THIS SECTION ARE REPEALED, EFFECTIVE JULY 1, 2025.".
43
44 Page 16, line 3, strike "2030," and substitute "2027,".
45
46 Page 17, line 26, strike "2039." and substitute "2036.".
47
48 Page 17, after line 26 insert:
49
50 "SECTION 13. In Colorado Revised Statutes, 40-2-127, amend
51 (5)(b)(II) as follows:
52
1 40-2-127. Community energy funds - community solar
2 gardens - definitions - rules - legislative declaration - repeal.
3 (5) Purchases of the output from community solar gardens.
4 (b) (II) (A) The purchase of the output of a community solar garden by
5 a qualifying retail utility shall MUST take the form of a net metering credit
6 against the qualifying retail utility's electric bill to each community solar
7 garden subscriber at the premises set forth in the subscriber's subscription.
8 (B) FOR A SUBSCRIBER ORGANIZATION THAT DIRECTS THE
9 QUALIFYING RETAIL UTILITY TO PROVIDE THE SUBSCRIBER
10 ORGANIZATION'S SUBSCRIBERS WITH A BILL CREDIT THAT CHANGES
11 ANNUALLY, the net metering credit shall be calculated by multiplying the
12 subscriber's share of the electricity production from the community solar
13 garden by the qualifying retail utility's total aggregate retail rate as
14 charged to the subscriber, minus a reasonable charge as determined by the
15 commission to cover the utility's costs of delivering to the subscriber's
16 premises the electricity generated by the community solar garden,
17 integrating the solar generation with the utility's system, and
18 administering the community solar garden's contracts and net metering
19 credits. The commission shall ensure that this charge does not reflect
20 costs that are already recovered by the utility from the subscriber through
21 other charges. If, and to the extent that, a subscriber's net metering credit
22 exceeds the subscriber's electric bill in any billing period, the net metering
23 credit shall be carried forward and applied against future bills. The
24 qualifying retail utility and the owner of the community solar garden shall
25 agree on whether the purchase of the renewable energy credits from
26 subscribers will be accomplished through a credit on each subscriber's
27 electricity bill or by a payment to the owner of the community solar
28 garden.
29 (C) FOR A SUBSCRIBER ORGANIZATION THAT DIRECTS THE
30 QUALIFYING RETAIL UTILITY TO PROVIDE THE SUBSCRIBER
31 ORGANIZATION'S SUBSCRIBERS WITH A FIXED BILL CREDIT, THE NET
32 METERING CREDIT SHALL BE CALCULATED BY MULTIPLYING THE
33 SUBSCRIBER'S SHARE OF THE ELECTRICITY PRODUCTION FROM THE
34 COMMUNITY SOLAR GARDEN BY THE QUALIFYING RETAIL UTILITY'S TOTAL
35 AGGREGATE RETAIL RATE AS CHARGED TO THE SUBSCRIBER AT THE TIME
36 THE SUBSCRIBER ORGANIZATION APPLIES FOR, OR BIDS CAPACITY INTO, A
37 UTILITY COMMUNITY SOLAR GARDEN PROGRAM, MINUS A REASONABLE
38 CHARGE, AS DETERMINED BY THE COMMISSION, AT THE TIME THE
39 SUBSCRIBER ORGANIZATION APPLIES FOR, OR BIDS CAPACITY INTO, A
40 UTILITY COMMUNITY SOLAR PROGRAM, TO COVER THE UTILITY'S COSTS OF
41 DELIVERING TO THE SUBSCRIBER'S PREMISES THE ELECTRICITY GENERATED
42 BY THE COMMUNITY SOLAR GARDEN, INTEGRATING THE SOLAR
43 GENERATION WITH THE UTILITY'S SYSTEM, AND ADMINISTERING THE
44 COMMUNITY SOLAR GARDEN'S CONTRACTS AND NET METERING CREDITS.
45 THE COMMISSION SHALL ENSURE THAT THIS CHARGE DOES NOT REFLECT
46 COSTS THAT ARE ALREADY RECOVERED BY THE UTILITY FROM THE
47 SUBSCRIBER THROUGH OTHER CHARGES. FOR COMMUNITY SOLAR
48 GARDENS ELIGIBLE FOR A FIXED BILL CREDIT, AND SOLELY FOR THE
49 PURPOSE OF APPLYING THE BILL CREDIT TO A SUBSCRIBER'S BILL, THE BILL
50 CREDIT SHALL NOT BE APPLIED TOWARD RATE RIDER CHARGES THAT
51 PROMOTE CLEAN ENERGY TECHNOLOGIES INCLUDING BENEFICIAL
52 ELECTRIFICATION, PROVIDE LOW-INCOME BILL ASSISTANCE, OR PROVIDE
53 OTHER PUBLIC BENEFITS AS DETERMINED BY THE COMMISSION UNLESS
54 SUCH RIDERS ARE INCLUDED IN THE REASONABLE CHARGE. IF, AND TO THE
55 EXTENT THAT, A SUBSCRIBER'S NET METERING CREDIT EXCEEDS THE
1 SUBSCRIBER'S ELECTRIC BILL IN ANY BILLING PERIOD, THE NET METERING
2 CREDIT SHALL BE CARRIED FORWARD AND APPLIED AGAINST FUTURE BILLS.
3 THE QUALIFYING RETAIL UTILITY AND THE OWNER OF THE COMMUNITY
4 SOLAR GARDEN SHALL AGREE ON WHETHER THE PURCHASE OF THE
5 RENEWABLE ENERGY CREDITS FROM SUBSCRIBERS WILL BE ACCOMPLISHED
6 THROUGH A CREDIT ON EACH SUBSCRIBER'S ELECTRICITY BILL OR BY A
7 PAYMENT TO THE OWNER OF THE COMMUNITY SOLAR GARDEN. BY MARCH
8 1, 2023, THE COMMISSION SHALL ADOPT RULES TO IMPLEMENT THE FIXED
9 BILL CREDIT, WHICH RULES MUST CONSIDER THE CHANGE OF VALUE TO
10 COMMUNITY SOLAR GARDEN CUSTOMERS OF THE FIXED BILL CREDIT OVER
11 TIME THROUGH RATE ADJUSTMENTS OR OTHER MECHANISMS.".
12
13 Renumber succeeding sections accordingly.
14
15

House Journal, May 9
45 SB22-138 be amended as follows, and as so amended, be referred to
46 the Committee of the Whole with favorable
47 recommendation:
48
49 Amend the Finance Committee Report, dated May 5, 2022, page 1, strike
50 lines 1 through 3 and substitute:
51
52 "Amend reengrossed bill, page 6, strike line 14 and substitute
53 "(1)(e)(XIII) introductory portion; and add (1)(e)(XIV) and (1)(e)(XV)
54 as follows:".
55
1 Page 1 of the report, strike lines 6 through 25.
2
3 Page 2 of the report, strike lines 1 through 33.
4
5 Page 5 of the report, after line 25 insert:
6
7 "Page 19, line 6, after "services." insert "Any money appropriated in this
8 section not expended prior to July 1, 2023, is further appropriated to the
9 division for the 2023-24 state fiscal year for the same purpose.".".
10
11

Senate Journal, April 20
After consideration on the merits, the Committee recommends that SB22-199 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 2, strike line 19 and substitute "wildlife are at risk due
to habitat loss and".

Page 3, strike lines 2 and 3 and substitute "of being recoverable, it is beneficial
to protect and stabilize the ecosystems that provide support for pollinators.".

Page 3, strike lines 8 through 10 and substitute:

"(f) Native pollinating insects have implications for the state's food
supply, economy, and the resilience, health, and stability of the state's
ecosystems.".

Page 3, strike line 12 and substitute "programs for the protection of native
pollinating insects,".

Page 3, line 26, after "REGARDING" insert "STATE AGENCY PROGRAMS,
RESOURCES, AND NEEDS RELATED TO".

Page 3, line 27, strike "INSECT:" and substitute "INSECTS':".

Page 4, line 1, strike "DECLINE" and substitute "POPULATIONS".

Page 4, strike line 8 and substitute "SUPPORTING HEALTHY ECOSYSTEMS;".

Page 4, line 27, strike "PROTECTION" and substitute "MANAGEMENT,
PROTECTION,".

Page 5, line 21, after the period add "IN PARTICULAR, THE EXECUTIVE DIRECTOR
SHALL CONDUCT OUTREACH TO COLORADO STATE UNIVERSITY, THE UNIVERSITY
OF COLORADO, AND THE ROCKY MOUNTAIN BIOLOGICAL LABORATORY AND
SHALL PRIORITIZE PEER-REVIEWED SCIENTIFIC RESEARCH.".


State,
Veterans, &
Military
Affairs

Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB22-199 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the State, Veterans, and Military Affairs Committee Report, dated April
19, 2022, page 1, strike line 16 and substitute:

"Page 4 of the bill, strike lines 5 through 8 and substitute:

"(2) THE STUDY MAY:".

Reletter succeeding paragraphs accordingly.

Page 4 of the bill, strike lines 12 through 16.

Renumber succeeding subparagraphs accordingly.".

Page 1 of the report, after line 18 insert:

"Page 5 of the bill, strike lines 9 through 12 and substitute "INCENTIVIZE ACTION
TO BENEFIT, NATIVE POLLINATING INSECT HEALTH; AND".

Renumber succeeding subparagraph accordingly.".

Amend printed bill, page 6, after line 8 insert:

"SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$179,642 is appropriated to the department of natural resources for use by the
executive director's office. This appropriation is from the general fund. To
implement this act, the office may use this appropriation as follows:
(a) $50,632 for personal services, which amount is based on an
assumption that the office will require an additional 0.6 FTE; and
(b) $129,010 for operating expenses.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "STATE." and substitute "STATE, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations