Amendments for SB24-150
Senate Journal, February 29
After consideration on the merits, the Committee recommends that SB24-150 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, line 3, strike "incineration" and substitute
"combustion".
Page 2, line 17, strike "incinerate" and substitute "combust".
Page 2, line 20, strike "incinerate" and substitute "combust".
Page 3, strike lines 1 through 9 and substitute:
"(a) "BIOCHAR" MEANS A CHARCOAL THAT IS PRODUCED BY PYROLYSIS
OF BIOMASS AND THAT MAY BE USED AS A SOIL AMENDMENT.
(b) "BIOSOLIDS" HAS THE MEANING SET FORTH IN SECTION 25-8-103
(1.4).
(c) "COMBUSTION UNIT" MEANS A MUNICIPAL WASTE COMBUSTION
UNIT, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID WASTE INCINERATION
(OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT COMBUSTS MUNICIPAL
SOLID WASTE.
(d) "COMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE
COMMISSION CREATED IN SECTION 25-15-302 (1)(a).
"(e) "CREMATORY INCINERATOR" MEANS ANY INCINERATOR DESIGNED
AND USED SOLELY FOR THE BURNING OF ANATOMICAL PATHOLOGICAL WASTE,
WHICH INCINERATOR MAY ALSO BURN INCIDENTAL ITEMS NORMALLY CREMATED
AS PART OF THE FUNERAL PROCESS, OR AS OTHERWISE DEFINED BY AIR QUALITY
CONTROL COMMISSION RULE.".
Reletter succeeding paragraphs accordingly.
Page 3, strike lines 12 through 15.
Reletter succeeding paragraphs accordingly.
Page 3, line 16, strike "(I)".
Page 3, strike lines 19 through 21.
Reletter succeeding paragraph accordingly.
Page 4, line 3, after "TO" insert "EXCLUSIVELY".
Page 4, strike line 5 and substitute "COMPOST, BIOSOLIDS, AND BIOCHAR;".
Page 4, line 6, strike "OR".
Page 4, strike line 7 and substitute:
"(III) AIR CURTAIN INCINERATORS USED FOR WILDFIRE MITIGATION OR
INCINERATION OF THE MATERIALS LISTED IN 40 CFR 60.2888 (b)(1) TO (b)(4);
(IV) UNITS THAT COMBUST CONTRABAND OR PROHIBITED GOODS, AS
DEFINED IN 40 CFR 60.2887 (p);
(V) UNITS OPERATING AS A CREMATORY INCINERATOR;
(VI) BURN-OFF OVENS USED IN THE CLEANING OR PREPARATION OF
PARTS OR EQUIPMENT FOR REFURBISHMENT OR REBUILDING, IF PERMITTED BY
AIR QUALITY CONTROL COMMISSION RULES; OR
(VII) GOVERNMENT-OWNED OR -OPERATED CONTROLLED DETONATION
CHAMBERS USED FOR THE SAFE DESTRUCTION OF MUNITIONS OR EXPLOSIVE
MATERIALS.".
Page 4, line 10, strike "INCINERATION" and substitute "COMBUSTION".
Strike "AN INCINERATION" and substitute "A COMBUSTION" on: Page 3, line 26;
and Page 4, line 15.
Senate Journal, March 13
SB24-150 by Senator(s) Cutter; also Representative(s) Froelich--Concerning requirements for the
processing of municipal solid waste in the state.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, February 29, page(s) 351-352 and placed in members' bill
files.)
Amendment No. 2(L.004), by Senator Cutter.
Amend printed bill, page 2, line 21, strike "definitions." and substitute
"definitions - rules.".
Amend the Transportation and Energy Committee Report, dated February 28,
2024, page 2, line 14, after "INCINERATOR;" insert "OR".
Page 2 of the report, strike lines 15 through 20 and substitute:
"(VI) BIOMASS BOILERS FIRING MATERIALS LISTED IN 40 CFR 60.2888
(b)(1) TO (b)(4) OR OTHER APPROVED FUELS.".".
Page 4 of the bill, after line 18 insert:
"(4) NOTHING IN THIS SECTION PROHIBITS THE BURNING OF WASTE TIRES
OR TIRE-DERIVED PRODUCTS AS FUEL IN CEMENT KILNS.
(5) THE COMMISSION MAY ADOPT RULES TO ENFORCE THIS SECTION.".
House Journal, April 12
46 SB24-150 be amended as follows, and as so amended, be referred to
47 the Committee on Finance with favorable
48 recommendation:
49
50 Amend reengrossed bill, page 2, strike lines 15 through 22.
51
52 Strike pages 3 and 4.
53
54 Page 5, strike lines 1 through 6 and substitute:
55
56
1 "(2) The general assembly therefore determines that it is in the
2 best interest of the state to:
3 (a) Prohibit combustion units from being eligible for any
4 state-level incentives; and
5 (b) Require pyrolysis and gasification processes to be regulated
6 at the state and local level as solid waste-to-energy incineration systems.
7 SECTION 2. In Colorado Revised Statutes, add 25-17-109 as
8 follows:
9 25-17-109. Units that combust municipal solid waste not
10 eligible for state-level incentives - definitions. (1) AS USED IN THIS
11 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
12 (a) "BIOCHAR" MEANS A CHARCOAL THAT IS PRODUCED BY
13 PYROLYSIS OF BIOMASS AND THAT MAY BE USED AS A SOIL AMENDMENT.
14 (b) "BIOSOLIDS" HAS THE MEANING SET FORTH IN SECTION
15 25-8-103 (1.4).
16 (c) "COMBUSTION UNIT" MEANS A MUNICIPAL WASTE COMBUSTION
17 UNIT, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID WASTE
18 INCINERATION (OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT
19 COMBUSTS MUNICIPAL SOLID WASTE.
20 (d) "CREMATORY INCINERATOR" MEANS ANY INCINERATOR
21 DESIGNED AND USED SOLELY FOR THE BURNING OF ANATOMICAL
22 PATHOLOGICAL WASTE, WHICH INCINERATOR MAY ALSO BURN INCIDENTAL
23 ITEMS NORMALLY CREMATED AS PART OF THE FUNERAL PROCESS, OR AS
24 OTHERWISE DEFINED BY AIR QUALITY CONTROL COMMISSION RULE.
25 (e) "HAZARDOUS WASTE" HAS THE MEANING SET FORTH IN
26 SECTION 25-15-101 (6).
27 (f) "MUNICIPAL SOLID WASTE" MEANS SOLID WASTE FROM
28 HOUSEHOLD, COMMUNITY, COMMERCIAL, OR INDUSTRIAL SOURCES THAT
29 DOES NOT CONTAIN HAZARDOUS WASTE.
30 (g) (I) "STATE INCENTIVE" MEANS ANY STATE-LEVEL GRANT,
31 LOAN, TAX CREDIT, TAX EXEMPTION, SUBSIDY, OR OTHER FINANCIAL
32 INCENTIVE.
33 (II) "STATE INCENTIVE" DOES NOT INCLUDE THE TAX CREDIT
34 ALLOWED PURSUANT TO SECTION 39-22-556.
35 (2) NOTWITHSTANDING ANY LAW TO THE CONTRARY:
36 (a) ON AND AFTER JULY 1, 2024, EXCEPT AS SET FORTH IN
37 SUBSECTION (5) OF THIS SECTION, A COMBUSTION UNIT IS NOT ELIGIBLE
38 FOR ANY STATE INCENTIVES; EXCEPT THAT THIS SUBSECTION (2)(a) DOES
39 NOT APPLY TO:
40 (I) OPERATIONS TO EXCLUSIVELY TREAT SOURCE-SEPARATED
41 ORGANIC MATERIALS FOR THE PRODUCTION OF SOIL AMENDMENTS,
42 INCLUDING COMPOST, BIOSOLIDS, AND BIOCHAR;
43 (II) OPERATIONS TO CONDUCT ANAEROBIC DIGESTION;
44 (III) AIR CURTAIN INCINERATORS USED FOR WILDFIRE MITIGATION
45 OR INCINERATION OF THE MATERIALS LISTED IN 40 CFR 60.2888 (b)(1) TO
46 (b)(4);
47 (IV) UNITS THAT COMBUST CONTRABAND OR PROHIBITED GOODS,
48 AS DEFINED IN 40 CFR 60.2887 (p);
49 (V) UNITS OPERATING AS A CREMATORY INCINERATOR; OR
50 (VI) BIOMASS BOILERS FIRING MATERIALS LISTED IN 40 CFR
51 60.2888 (b)(1) TO (b)(4) OR OTHER APPROVED FUELS;
52 (b) ON AND AFTER JANUARY 1, 2025, COMBUSTION IS NOT
53 CONSIDERED "RECYCLING", "RENEWABLE ENERGY", "CLEAN ENERGY",
54 "GREEN ENERGY", "CLIMATE-FRIENDLY", "CARBON-FREE", "BIOFUEL",
55 "ZERO-CARBON", OR ANY OTHER SIMILAR TERM FOR THE PURPOSE OF A
56 PROGRAM ESTABLISHED BY STATE LAW OR RULES; AND
1 (c) ON AND AFTER JANUARY 1, 2025, A COMBUSTION UNIT DOES
2 NOT MEET A "RENEWABLE PORTFOLIO STANDARD", "LOW CARBON FUEL
3 STANDARD", "RENEWABLE FUEL STANDARD", OR ANY OTHER SIMILAR
4 STANDARD ESTABLISHED BY STATE LAW OR RULES.
5 (3) NOTHING IN THIS SECTION PROHIBITS STATE INCENTIVES FOR
6 ENTITIES PARTICIPATING IN THE WASTE TIRE CLEANUP PROGRAM, AS
7 DEFINED IN SECTION 30-20-1402 (13).
8 (4) NOTWITHSTANDING SECTION 39-22-556, AN APPLICANT FOR
9 THE TAX CREDIT ALLOWED PURSUANT TO SECTION 39-22-556, WHICH TAX
10 CREDIT IS FOR THE COSTS TO CONSTRUCT, RECONSTRUCT, OR ERECT A
11 COMBUSTION UNIT, MUST SUBMIT THE APPLICATION DESCRIBED IN SECTION
12 39-22-556 (4)(a) TO THE COLORADO ENERGY OFFICE BEFORE JANUARY 1,
13 2027, TO BE ELIGIBLE FOR THE TAX CREDIT.
14 (5) TECHNOLOGICAL UPGRADES TO COMBUSTION UNITS THAT ARE
15 IN EXISTENCE IN THE STATE ON OR BEFORE JULY 1, 2024, ARE ELIGIBLE FOR
16 A STATE INCENTIVE IF THE STATE AGENCY RESPONSIBLE FOR ISSUING THE
17 STATE INCENTIVE DETERMINES THAT THE STATE INCENTIVE IMPROVES THE
18 HEALTH AND SAFETY OF WORKERS, PROMOTES WORKFORCE
19 DEVELOPMENT, REDUCES NEGATIVE IMPACTS OF OPERATIONS OF THE
20 COMBUSTION UNIT, AND ENCOURAGES INVESTMENT IN THE COMMUNITY OF
21 THE COMBUSTION UNIT.
22 SECTION 3. In Colorado Revised Statutes, 30-20-902, amend
23 (1) as follows:
24 30-20-902. Definitions. As used in this part 9, unless the context
25 otherwise requires:
26 (1) (a) "Solid waste-to-energy incineration system" means the use
27 of flammable waste material as a primary or supplemental fuel for the
28 conversion of heat into steam, electrical power, or any other form of
29 energy.
30 (b) "SOLID WASTE-TO-ENERGY INCINERATION SYSTEM" INCLUDES
31 PYROLYSIS AND GASIFICATION PROCESSES.
32 SECTION 4. In Colorado Revised Statutes, 31-15-1002, amend
33 (1) as follows:
34 31-15-1002. Definitions. As used in this part 10, unless the
35 context otherwise requires:
36 (1) (a) "Solid waste-to-energy incineration system" means the use
37 of flammable waste material as a primary or supplemental fuel for the
38 conversion of heat into steam, electrical power, or any other form of
39 energy.
40 (b) "SOLID WASTE-TO-ENERGY INCINERATION SYSTEM" INCLUDES
41 PYROLYSIS AND GASIFICATION PROCESSES.".
42
43 Renumber succeeding sections accordingly.
44
45
House Journal, April 30
12 SB24-150 be amended as follows, and as so amended, be referred to
13 the Committee on Appropriations with favorable
14 recommendation:
15
16 Amend the Energy and Environment Committee Report, dated April 11,
17 2024, page 1, after line 14 insert:
18
19 "(a) "ASTM D7566" MEANS THE ASTM INTERNATIONAL STANDARD
20 D7566 ENTITLED "STANDARD SPECIFICATION FOR AVIATION TURBINE
21 FUEL CONTAINING SYNTHESIZED HYDROCARBONS", AS AMENDED.".
22
23 Reletter succeeding paragraphs accordingly.
24
25 Page 2, line 14, strike "ON AND AFTER JULY 1, 2024, EXCEPT" and
26 substitute "EXCEPT".
27
28 Page 2, line 16, strike "INCENTIVES;" and substitute "INCENTIVES NOT
29 GRANTED OR AWARDED, OR THAT APPLY TO INCOME TAX YEARS, BEFORE
30 JANUARY 1, 2025;".
31
32 Page 2, lines 19 and 20, strike "PRODUCTION OF SOIL AMENDMENTS,
33 INCLUDING COMPOST, BIOSOLIDS, AND BIOCHAR;" and substitute
34 "CREATION OF COMPOST, BIOSOLIDS, BIO-OIL, AND BIOCHAR;".
35
36 Page 2, line 27, strike "OR".
37
38 Page 2, line 29, after "FUELS;" insert "OR
39 (VII) PROCESSES TO PRODUCE SUSTAINABLE AVIATION FUEL, AS
40 DEFINED IN SECTION 40B(d) OF THE INTERNAL REVENUE CODE, SO LONG
41 AS THE PROCESSES UTILIZE A PATHWAY THAT COMPLIES WITH ASTM
42 42 D7566 AND ALL REQUIREMENTS OF THE FEDERAL "CLEAN AIR ACT",
43 U.S.C. SEC. 7401 ET SEQ., AS AMENDED, APPLICABLE TO THE PRODUCER OF
44 THE SUSTAINABLE AVIATION FUEL;".
45
46 Page 2, line 39, strike "FOR" and substitute "FOR:".
47
48 Page 2, strike lines 40 through 43.
49
50 Page 3, strike lines 1 through 4 and substitute:
51
52 "(a) ENTITIES PARTICIPATING IN THE WASTE TIRE CLEANUP PROGRAM,
53 AS DEFINED IN SECTION 30-20-1402 (13); OR
54
1 (b) FEDERAL AND STATE AGENCIES AND INSTITUTIONS OF HIGHER
2 EDUCATION CONDUCTING RESEARCH TO IMPROVE ENVIRONMENTAL AND
3 HEALTH OUTCOMES OF COMBUSTION UNITS, WHICH RESEARCH DOES NOT
4 INCLUDE THE OPERATION OF A COMMERCIAL-SCALE COMBUSTION UNIT.".
5
6 Page 3, line 5, strike "TECHNOLOGICAL UPGRADES TO COMBUSTION UNITS"
7 and substitute "COMBUSTION UNITS".
8
9 Page 3, line 7, after "INCENTIVE" insert "TO CONDUCT TECHNOLOGICAL
10 UPGRADES".
House Journal, May 5
17 Amendment No. 1, Finance Report, dated April 29, 2024, and placed in
18 member's bill file; Report also printed in House Journal, April 30, 2024.
19
20 Amendment No. 2, Energy & Environment Report, dated April 11, 2024,
21 and placed in member's bill file; Report also printed in House Journal,
22 April 12, 2024.
23
24 Amendment No. 3, by Representative Froelich:
25
26 Amend the Energy and Environment Committee Report, dated April 11,
27 2024, page 2, line 15, after "UNIT" insert "THAT TARGETS PLASTIC AS A
28 FEEDSTOCK".
29
30 As amended, ordered revised and placed on the Calendar for Third
31 Reading and Final Passage.
32