HOUSE BILL 22-1372
BY REPRESENTATIVE(S) Carver, Boesenecker, Catlin, Lindsay, Lynch,
Michaelson Jenet, Ortiz, Pico, Ricks, Sandridge, Soper, Valdez D.,
Van Beber, Will;
also SENATOR(S) Gardner and Fields, Bridges.
C
ONCERNING AN EXEMPTION FROM AIR EMISSION LIMITS FOR THE USE OF A
STATIONARY ENGINE TO SUPPORT CRITICAL INFRASTRUCTURE IN
EMERGENCIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-7-103, add (9.7)
and (9.8) as follows:
25-7-103. Definitions. As used in this article 7, unless the context
otherwise requires:
(9.7) "E
MERGENCY EVENT" MEANS A SITUATION ARISING FROM A
SUDDEN AND REASONABLY UNFORESEEN NATURAL DISASTER OR OTHER
UNFORESEEN EVENT
, INCLUDING THE LOSS OF UTILITY SERVICE , THAT
REQUIRES THE USE OF EMERGENCY STATIONARY ENGINES TO ALLEVIATE A
THREAT TO HEALTH
, SAFETY, AND WELFARE PURSUANT TO 40 CFR 60 OR 63,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. AS IN EFFECT ON JANUARY 1, 2022. A THREAT TO HEALTH, SAFETY, AND
WELFARE INCLUDES NATIONAL SECURITY THREATS
.
(9.8) "E
MERGENCY STATIONARY ENGINE " MEANS AN ENGINE THAT
IS NOT MOBILE AND THAT IS USED TO PROVIDE ELECTRIC POWER TO OR
MECHANICAL WORK FOR CRITICAL INFRASTRUCTURE DURING AN EMERGENCY
EVENT
.
SECTION 2. In Colorado Revised Statutes, add 25-7-143 as
follows:
25-7-143. Emergency stationary engine exception - legislative
declaration - rules. (1) (a) T
HE GENERAL ASSEMBLY HEREBY FINDS THAT :
(I) T
HE UNITED STATES ARMED FORCES PROTECT THE UNITED
STATES, INCLUDING THE PEOPLE OF COLORADO, FROM THREATS DOMESTIC
AND ABROAD
;
(II) C
OLORADO IS HOME TO THE NORTH AMERICAN AEROSPACE
DEFENSE COMMAND
, U.S. STRATEGIC COMMAND , U.S. AIR FORCE SPACE
COMMAND
, AND U.S. NORTHERN COMMAND ;
(III) T
HESE COMMAND AND MILITARY FACILITIES PLAY A CRITICAL
ROLE IN AEROSPACE DEFENSE
, INCLUDING DEFENSE AGAINST
INTERCONTINENTAL BALLISTIC MISSILES AND WEAPONS OF MASS
DESTRUCTION
; AND
(IV) REGULATIONS PROMULGATED UNDER THE FEDERAL ACT
AUTHORIZE EMERGENCY STATIONARY ENGINES TO OPERATE DURING AN
EMERGENCY EVENT
.
(b) T
HEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES THAT :
(I) M
AINTAINING THE OPERATING CAPACITY OF COLORADO'S
MILITARY FACILITIES IS CRITICAL TO PROTECTING THE HEALTH
, SAFETY, AND
WELFARE OF THE PEOPLE OF
COLORADO;
(II) A
LTHOUGH REGULATION OF EMISSIONS IS IMPORTANT TO THE
HEALTH
, SAFETY, AND WELFARE OF THE PEOPLE OF COLORADO, FAILURE TO
MAINTAIN OPERATION AT ALL TIMES OF THESE CRITICAL FACILITIES DURING
PAGE 2-HOUSE BILL 22-1372 AN EMERGENCY EVENT COULD LEAD TO SEVERE LOSS OF LIFE AND
DEVASTATING ENVIRONMENTAL CONSEQUENCES IN
COLORADO;
(III) E
MERGENCY STATIONARY ENGINES ARE CRITICAL TO PROVIDING
POWER AND OTHER SERVICES NECESSARY TO MAINTAIN THE OPERATION OF
THESE MILITARY FACILITIES AT ALL TIMES
;
(IV) T
HIS SECTION IS SELF EXECUTING; AND
(V) CREATION OF AN EXEMPTION FOR EMERGENCY STATIONARY
ENGINE USE AT MILITARY INSTALLATIONS REQUIRES A CHANGE TO
COLORADO'S STATE IMPLEMENTATION PLAN, WHICH MUST BE APPROVED BY
THE ADMINISTRATOR OF THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY
.
(2) N
OTWITHSTANDING ANY REQUIREMENTS OR EMISSION LIMITS
ESTABLISHED BY STATE STATUTE OR RULE
, A PERSON MAY OPERATE AN
EMERGENCY STATIONARY ENGINE
, AS AUTHORIZED BY THE FEDERAL ACT, IF:
(a) T
HE EMERGENCY STATIONARY ENGINE IS PROVIDING ELECTRIC
POWER TO OR MECHANICAL WORK FOR MILITARY FACILITIES OR FACILITIES
UNDER THE CONTROL OF THE
UNITED STATES DEPARTMENT OF DEFENSE ;
(b) T
HE EMERGENCY STATIONARY ENGINE IS IN COMPLIANCE WITH
40 CFR 60, SUBPARTS IIII AND JJJJ, AS IN EFFECT ON JANUARY 1, 2022;
(c) T
HE EMERGENCY STATIONARY ENGINE 'S AIR POLLUTION CONTROL
AND MONITORING EQUIPMENT IS INSTALLED
, OPERATED, AND MAINTAINED
IN COMPLIANCE WITH THE MANUFACTURER
'S STANDARDS; AND
(d) THE EMERGENCY STATIONARY ENGINE IS :
(I) U
NDERGOING ROUTINE MAINTENANCE OR TESTING ; OR
(II) PROVIDING PRIMARY ELECTRICAL POWER OR MECHANICAL WORK
DURING AN EMERGENCY EVENT PURSUANT TO
40 CFR 60 OR 63, AS IN
EFFECT ON
JANUARY 1, 2022, FOR THE DURATION OF THE EMERGENCY
EVENT
.
(3) (a) A
PERSON THAT OPERATES AN EMERGENCY STATIONARY
PAGE 3-HOUSE BILL 22-1372 ENGINE AT MILITARY FACILITIES OR FACILITIES UNDER THE CONTROL OF THE
UNITED STATES DEPARTMENT OF DEFENSE SHALL :
(I) M
INIMIZE THE USE OF EMERGENCY STATIONARY ENGINES AS
MUCH AS PRACTICABLE
, CONSISTENT WITH THE HEALTH , SAFETY, AND
WELFARE OF THE PEOPLE OF
COLORADO;
(II) R
EPORT AN EMERGENCY EVENT TO THE DIVISION WITHIN THE
LATER OF FORTY
-EIGHT HOURS OR BY NOON ON THE NEXT BUSINESS DAY
AFTER COMMENCING OPERATION OF AN EMERGENCY STATIONARY ENGINE
BECAUSE OF THE EMERGENCY EVENT
; AND
(III) EACH TIME AN EMERGENCY STATIONARY ENGINE IS OPERATED ,
RECORD:
(A) T
HAT THE EMERGENCY STATIONARY ENGINE WAS OPERATED ;
(B) T
HE DATE THAT THE OPERATION BEGAN ;
(C) T
HE DURATION OF THE OPERATION;
(D) T
HE REASON FOR EACH OPERATION, INCLUDING AN EMERGENCY
EVENT
, MAINTENANCE, OR TESTING; AND
(E) WHETHER ANY ACTION WAS TAKEN TO MITIGATE THE USE OF THE
EMERGENCY STATIONARY ENGINE DURING THE EMERGENCY EVENT
.
(b) A
PERSON THAT INSTALLS AN EMERGENCY STATIONARY ENGINE
SHALL RETAIN FOR FIVE YEARS AND MAKE AVAILABLE FOR INSPECTION THE
INSTALLATION
, MAINTENANCE, AND OPERATION RECORDS AND DATA OF THE
EMERGENCY STATIONARY ENGINE
, INCLUDING, AT A MINIMUM:
(I) M
ONITORING RESULTS;
(II) O
PERATION AND MAINTENANCE PROCEDURES ; AND
(III) OPERATION AND MAINTENANCE RECORDS .
(4) A
PERSON THAT OPERATES AN EMERGENCY STATIONARY ENGINE
AT MILITARY FACILITIES OR FACILITIES UNDER THE CONTROL OF THE
UNITED
PAGE 4-HOUSE BILL 22-1372 STATES DEPARTMENT OF DEFENSE SHALL SUBMIT A COMPLIANCE REPORT TO
THE DIVISION ANNUALLY ON THE DATE THE PERSON REGULARLY SUBMITS
REPORTS IN ACCORDANCE WITH ANY PERMITS HELD BY THE PERSON
. EACH
COMPLIANCE REPORT MUST INCLUDE THE FOLLOWING INFORMATION
:
(a) T
HE INSTALLATION NAME AND ADDRESS ;
(b) T
HE DATE OF THE REPORT AND THE BEGINNING AND END DATES
OF THE REPORTING PERIOD
;
(c) T
HE INFORMATION REQUIRED TO BE RECORDED IN SUBSECTION
(3)(a)(III) OF THIS SECTION;
(d) A
NY ACTION TAKEN TO MINIMIZE THE OPERATION OF THE
EMERGENCY STATIONARY ENGINE
; AND
(e) A STATEMENT BY THE REPORTING PERSON , INCLUDING THE
PERSON
'S NAME, TITLE, AND SIGNATURE, CERTIFYING THE ACCURACY OF THE
REPORT
.
(5) C
OMPLIANCE WITH THIS SECTION IS A CONDITION OF EVERY AIR
QUALITY PERMIT ISSUED OR RENEWED BY THE DIVISION FOR EMERGENCY
STATIONARY ENGINES FOR MILITARY FACILITIES OR FACILITIES UNDER THE
CONTROL OF THE
UNITED STATES DEPARTMENT OF DEFENSE .
(6) (a) N
O LATER THAN SEPTEMBER 1, 2022, THE GOVERNOR OR THE
GOVERNOR
'S DESIGNEE SHALL SUBMIT THIS SECTION TO THE ADMINISTRATOR
FOR INCLUSION IN
COLORADO'S STATE IMPLEMENTATION PLAN.
(b) T
HIS SECTION WILL TAKE EFFECT ONLY IF THE ADMINISTRATOR
APPROVES THIS SECTION
'S INCLUSION IN THE STATE IMPLEMENTATION PLAN .
T
HE DIVISION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE
DATE ON WHICH THE CONDITION SPECIFIED IN THIS SUBSECTION
(6)(b) HAS
OCCURRED BY E
-MAILING THE NOTICE TO
REVISOROFSTATUTES
.GA@STATE.CO.US. THIS SECTION TAKES EFFECT ON
THE EFFECTIVE DATE IDENTIFIED IN THE NOTICE THAT THE ADMINISTRATOR
APPROVED THIS SECTION
'S INCLUSION IN COLORADO'S STATE
IMPLEMENTATION PLAN OR
, IF THE NOTICE DOES NOT SPECIFY THAT DATE,
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .
PAGE 5-HOUSE BILL 22-1372 (7) IF THE ADMINISTRATOR FAILS TO APPROVE INCLUSION OF THIS
SECTION INTO
COLORADO'S STATE IMPLEMENTATION PLAN BY SEPTEMBER
1, 2025:
(a) T
HIS SECTION IS REPEALED, EFFECTIVE OCTOBER 1, 2025; AND
(b) THE GOVERNOR OR THE GOVERNOR 'S DESIGNEE SHALL WITHDRAW
THIS SECTION AS A STATE IMPLEMENTATION PLAN REVISION
.
SECTION 3. Safety clause. The general assembly hereby finds,
PAGE 6-HOUSE BILL 22-1372 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 22-1372