Amendments for HB24-1339
House Journal, April 19
8 HB24-1339 be amended as follows, and as so amended, be referred to
9 the Committee on Appropriations with favorable
10 recommendation:
11
12 Amend printed bill, strike everything below the enacting clause and
13 substitute:
14 "SECTION 1. In Colorado Revised Statutes, 25-7-114.4, amend
15 (5)(a), (5)(b)(I), (5)(b)(II)(A), and (5)(d) as follows:
16 25-7-114.4. Permit applications - contents - rules - definitions.
17 (5) Provisions for permits for sources that affect disproportionately
18 impacted communities. (a) Rules. (I) No later than June 1, 2023 2025,
19 the commission shall adopt, AND THE DIVISION SHALL IMPLEMENT, rules
20 to implement the requirements of this subsection (5).
21 (II) The commission may set thresholds of affected pollutants below
22 which the requirements of this section do not apply; EXCEPT THAT THE
23 THRESHOLDS MUST NOT BE HIGHER THAN THE FOLLOWING, WHERE
24 APPLICABLE:
25 (A) FOR NEW SOURCES, EMISSIONS OF AN AFFECTED POLLUTANT,
26 OTHER THAN A HAZARDOUS AIR POLLUTANT, THAT ARE EQUAL TO THE
27 RATE OF EMISSIONS THAT WOULD QUALIFY AS SIGNIFICANT UNDER THE
28 COMMISSION'S MAJOR NEW SOURCE REVIEW RULES; AND
29 (B) FOR MODIFICATIONS TO A MAJOR SOURCE, EMISSIONS OF AN
30 AFFECTED POLLUTANT THAT ARE EQUAL TO THE LEVEL SUCH THAT A
31 CONSTRUCTION PERMIT WOULD BE REQUIRED FOR A NEW SOURCE UNDER
32 THE COMMISSION'S RULES.
33 (III) In adopting rules to implement this subsection (5), the
34 commission shall identify disproportionately impacted communities IN
35 ADOPTING RULES TO IMPLEMENT THIS SUBSECTION (5), ALL PROVISIONS OF
36 THE RULES MUST APPLY TO ALL AREAS OF ALL DISPROPORTIONATELY
37 IMPACTED COMMUNITIES.
38 (IV) The commission shall periodically, but not less often than every
39 three years, revisit its identification of disproportionately impacted
40 communities and determinations of affected pollutants.
41 (b) Applicability and requirements. (I) The requirements of this
42 subsection (5)(b) apply to permits for sources of affected pollutants in
43 ALL AREAS OF ALL disproportionately impacted communities.
44 (II) (A) TO IMPROVE THE RELIABILITY OF DATA ON EMISSIONS FROM
45 AIR POLLUTION SOURCES AND TO EVALUATE THE IMPACT OF AN AIR
46 POLLUTION SOURCE'S EMISSIONS ON SURROUNDING COMMUNITIES, the
47 commission's rules must provide for enhanced modeling and monitoring
48 requirements for new and modified sources of affected pollutants in
49 disproportionately impacted communities that are identified or approved
50 at the time of permit application. In adopting the rules, the commission
51 shall also consider requiring enhanced monitoring for existing sources of
52 affected pollutants.
53 (d) Definitions. As used in this subsection (5), unless the context
54 otherwise requires:
55
1 (I) "Affected pollutants" means those air pollutants as determined by
2 the commission with TO HAVE the potential to cause or contribute to
3 significant health or environmental impacts. The term includes:
4 (A) Volatile organic compounds;
5 (B) Oxides of nitrogen;
6 (C) Hazardous air pollutants, as identified by the commission,
7 including, AT A MINIMUM, benzene, toluene, ethylbenzene, and xylene;
8 ANY PRIORITY TOXIC AIR CONTAMINANTS THAT THE COMMISSION
9 IDENTIFIES PURSUANT TO SECTION 25-7-109.5 (6); AND ANY HAZARDOUS
10 AIR POLLUTANTS USED IN THE AIR TOXICS EMISSIONS INDICATOR OF THE
11 COLORADO ENVIROSCREEN, DEFINED IN SECTION 25-8-1001 (2); and
12 (D) Particulate matter that is two and one-half microns or smaller.
13 (I.5) "ENHANCED MONITORING" MEANS SOURCE-SPECIFIC MONITORING
14 OF THE SOURCE'S EMISSIONS OF AN AFFECTED POLLUTANT.
15 (II) "Source of affected pollutants" means a stationary source that
16 emits any affected pollutant in an amount such that a construction permit
17 is required under commission rules.
18 SECTION 2. In Colorado Revised Statutes, 25-7-105, amend
19 (1)(e)(XIII)(A) and (1)(f)(I)(A); and add (1)(e)(XIII)(C), (1)(e)(XIII)(D),
20 (1)(e)(XIII)(E), and (1)(e)(XIII)(F) as follows:
21 25-7-105. Duties of commission - technical secretary - rules -
22 report - legislative declaration - definitions - repeal. (1) Except as
23 provided in sections 25-7-130 and 25-7-131, the commission shall
24 promulgate rules that are consistent with the legislative declaration set
25 forth in section 25-7-102 and necessary for the proper implementation
26 and administration of this article 7, including:
27 (e) (XIII) In implementing this subsection (1)(e), the commission
28 shall adopt rules to reduce statewide greenhouse gas emissions from the
29 industrial and manufacturing sector in the state by at least twenty percent
140 30 by 2030 below the 2015 baseline established pursuant to section 25-7-
31 (2)(a)(II), taking into account the factors set out in subsections (1)(e)(II)
32 to (1)(e)(VI) of this section. The rules must include protections for
33 disproportionately impacted communities and prioritize emission
34 reductions that will reduce emissions of co-pollutants that adversely
35 affect disproportionately impacted communities, be designed to accelerate
36 near-term reductions, and secure meaningful emission reductions from
37 this sector to be realized beginning no later than September 30, 2024. The
38 rules must:
39 (A) Be consistent with the requirements of subsection (1)(e)(IX) of
40 this section; and
41 (C) ON AND AFTER JANUARY 1, 2025, PROHIBIT GREENHOUSE GAS
42 EMISSIONS FROM THE SECTOR FROM INCREASING IN THE NEAR TERM AND
43 REQUIRE THAT SECTOR-WIDE EMISSIONS DECLINE OVER TIME SUCH THAT
44 THOSE EMISSIONS DO NOT EXCEED NINETY-SEVEN MILLION METRIC TONS
2025 45 OF TOTAL CARBON DIOXIDE EQUIVALENT CUMULATIVELY BETWEEN
46 AND 2030, INCLUSIVE;
47 (D) ON AND AFTER JANUARY 1, 2025, PROHIBIT ANY SOURCE OF
48 GREENHOUSE GAS EMISSIONS IN THE SECTOR FROM MEETING ITS
49 COMPLIANCE OBLIGATIONS UNDER THE RULES BY MAKING A PAYMENT,
50 UNLESS THE PAYMENT IS MADE IN EXCHANGE FOR A GHG CREDIT, AS
51 DEFINED IN SUBSECTION (1)(f)(I) OF THIS SECTION, THAT IS SURRENDERED
52 FOR COMPLIANCE AS PART OF A TRADING PROGRAM, AS DEFINED IN
53 SUBSECTION (1)(f)(I) OF THIS SECTION, AND THE COMMISSION HAS FIRST
54 ESTABLISHED, BY RULE, A DECLINING LIMIT ON THE GREENHOUSE GAS
55 EMISSIONS FROM ALL SOURCES THAT PARTICIPATE IN THE TRADING
1 PROGRAM;
2 (E) FOR ANY SOURCE OF GREENHOUSE GAS EMISSIONS IN THE SECTOR
3 THAT HAS ADVERSELY AFFECTED A DISPROPORTIONATELY IMPACTED
4 COMMUNITY, ESTABLISH A SOURCE-SPECIFIC EMISSION REDUCTION
5 REQUIREMENT THAT MUST BE MET THROUGH DIRECT REDUCTIONS IN THE
6 SOURCE'S GREENHOUSE GAS EMISSIONS; AND
7 (F) THE AMENDMENTS MADE TO THIS SUBSECTION (1)(e)(XIII)
8 THROUGH HOUSE BILL 24-1339, ENACTED IN 2024, DO NOT ALTER THE
9 REQUIREMENTS OF SUBSECTION (1)(e)(IX) OF THIS SECTION.
10 (f) (I) Definitions. The definitions in subsection (1)(e)(XI) of this
11 section apply to this subsection (1)(f). As used in this subsection (1)(f),
12 unless the context requires otherwise:
13 (A) "GHG credit" means a tradeable compliance instrument in a
14 physical or electronic format, the use of which is authorized pursuant to
15 a regulatory program adopted by the commission that represents the
16 reduction of one metric ton of carbon dioxide equivalent of greenhouse
17 gas by a regulated source. "GHG CREDIT" INCLUDES AN ALLOWANCE TO
18 EMIT ONE METRIC TON OF CARBON DIOXIDE EQUIVALENT OF GREENHOUSE
19 GAS BY A REGULATED SOURCE.
20 SECTION 3. Safety clause. The general assembly finds, determines,
21 and declares that this act is necessary for the immediate preservation of
22 the public peace, health, or safety or for appropriations for the support
23 and maintenance of the departments of the state and state institutions.".
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25 Page 1, line 101, strike "MEASURES TO BE TAKEN" and substitute
26 "RULE-MAKING".
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