Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0383.02 Jennifer Berman x3286
SENATE BILL 22-193
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND,101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Industrial and manufacturing operations clean air grant
program. Section 1 of the bill creates the industrial and manufacturing
operations clean air grant program (clean air grant program) through
which the Colorado energy office (office) awards grant money to private
entities, local governments, and public-private partnerships for voluntary
projects to reduce air pollutants from industrial and manufacturing
SENATE SPONSORSHIP
Fenberg and Gonzales,
HOUSE SPONSORSHIP
Valdez A.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. operations.
Voluntary projects eligible for grant money include:
! Energy efficiency projects;
! Renewable energy projects;
! Beneficial electrification projects;
! Transportation electrification projects;
! Projects producing or utilizing clean hydrogen;
! Projects involving carbon capture at industrial facilities;
! Methane capture projects;
! Projects producing or utilizing sustainable aviation fuel;
and
! Industrial process changes that reduce emissions.
Starting in 2025, the office is required to report annually on the
progress of the clean air grant program, submit the report to the
legislative committees with jurisdiction over energy matters, and post the
reports on the office's website.
On June 30, 2022, the state treasurer shall transfer $25 million
from the general fund to the industrial and manufacturing operations
clean air grant program cash fund, which fund is created in the bill. The
fund may also consist of money from federal sources and from gifts,
grants, and donations. The money in the fund is continuously appropriated
to the office for its administration of the clean air grant program.
The clean air grant program is repealed on September 1, 2029.
Community access to electric bicycles. Section 2 creates the
community access to electric bicycles grant program (electric bicycles
grant program) through which the office awards grant money to local
governments and nonprofit organizations that administer or plan to
administer a bike share program or an ownership program for the
provision of electric bicycles in a community. Section 2 also creates the
community access to electric bicycles rebate program (rebate program)
through which the office provides individuals in low- and
moderate-income households, or bicycle shops that sell electric bicycles
to program participants at discounted prices, rebates for purchases of
electric bicycles used for commuting purposes.
Starting in 2025, the office is required to report annually on the
progress of the electric bicycles grant program and the rebate program,
submit copies of the report to the legislative committees with jurisdiction
over transportation matters, and post the report on the office's website.
On June 30, 2022, the state treasurer shall transfer $12 million
from the general fund to the community access to electric bicycles cash
fund, which fund is created in the bill. The fund may also consist of
money from federal sources and from gifts, grants, and donations. The
money in the fund is subject to annual appropriation by the general
assembly to the office for its administration of the electric bicycles grant
program and the rebate program.
SB22-193
-2- The electric bicycles grant program and the rebate program are
repealed on September 1, 2028.
Diesel truck emissions reduction grant program. Section 3
creates the diesel truck emissions reduction grant program (diesel trucks
grant program) through which the division of administration (division) in
the department of public health and environment (department) awards
grant money to certain private and public entities for decommissioning
diesel trucks and replacing the trucks with newer model trucks. The
division is required to determine eligibility for the grant money and the
eligible fuel types for qualifying as a replacement vehicle under the diesel
trucks grant program.
Starting in 2023, the department is required to report annually on
the progress of the diesel trucks grant program and submit a copy of the
report to the legislative committees with jurisdiction over energy matters.
On June 30, 2022, the state treasurer shall transfer $15 million
from the general fund to the diesel truck emissions reduction grant
program cash fund, which fund is created in the bill. The fund may also
consist of money from federal sources and from gifts, grants, and
donations. The money in the fund is subject to annual appropriation by
the general assembly to the department for use by the division for its
administration of the diesel trucks grant program.
The diesel trucks grant program is repealed on July 1, 2032.
Electrifying school buses grant program. Section 3 also creates
the electrifying school buses grant program (school buses grant program)
through which the department, with technical assistance from the office,
awards grant money to school districts and charter schools to help finance
the purchase and maintenance of electric-powered school buses, the
conversion of fossil-fuel-powered school buses to electric-powered
school buses, charging infrastructure, and upgrades for electric charging
infrastructure and the retirement of fossil-fuel-powered school buses.
Starting in 2025, and every odd-numbered year thereafter, the
department is required to report on the progress of the school buses grant
program, submit copies of the report to the legislative committees with
jurisdiction over education and transportation matters, and post copies of
the report on its website.
On June 30, 2022, the state treasurer shall transfer $65 million
from the general fund to the electrifying school buses grant program cash
fund, which fund is created in the bill. The fund may also consist of
money from federal sources and from gifts, grants, and donations. The
money in the fund is subject to annual appropriation by the general
assembly to the department for its administration of the school buses
grant program.
The school buses grant program is repealed on September 1, 2034.
Section 4 updates the definition of "federal act" regarding the
reference to the federal "Clean Air Act". Section 4 also updates the
SB22-193
-3- definition of "issue" with respect to an order, permit, determination, or
notice issued by the division, to remove certified mail and add electronic
mail as options to issue such order, permit, determination, or notice.
Section 5 clarifies that the statutory fee caps for fees collected by
the air quality enterprise apply only to the annual stationary source
emission fees. The statutory fee caps are $1 million for state fiscal year
2021-22, $3 million for state fiscal year 2022-23, $4 million for state
fiscal year 2023-24, and $5 million on and after July 1, 2024.
Section 6 removes the requirement that the division make the
forms on which a person provides details necessary for filing an air
pollution emission notice available at all of the air pollution control
authority offices.
Section 7 extends the time within which the commission must
grant or deny a request for a hearing from within 15 days after the request
was made to within 30 days after the request was made.
Existing law authorizes the commission to submit any additions or
changes to the state implementation plan (SIP) to the administrator of the
federal environmental protection agency (administrator) for conditional
or temporary approval pending legislative council review of the additions
or changes. Section 8 authorizes the commission to submit the changes
or additions to the administrator as a provisional submission, pending
possible introduction and enactment of a bill to modify or delete all or a
portion of the commission's additions or changes to the SIP.
Section 9 makes a conforming amendment.
Section 10 appropriates the money transferred from the general
fund to the cash funds created in sections 1, 2, and 3 to the office, the
division, and the department for their administration of the programs
described in sections 1, 2, and 3. Additionally, section 10 appropriates
from the general fund:
! $750,000 to the department of personnel for the costs of
issuing free annual eco passes to state employees; and
! $7,000,000 to the department of public health and
environment to finance the aerial surveying of pollutants.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-38.5-113 as2
follows:3
24-38.5-113. Industrial and manufacturing operations clean4
air grant program - creation - eligibility - fund created - gifts, grants,5
or donations - transfer - legislative declaration - definitions -6
SB22-193-4- reporting - repeal. (1) Legislative declaration. T HE GENERAL1
ASSEMBLY HEREBY FIND AND DECLARES THAT :2
(a) T
HE INDUSTRIAL AND MANUFACTURING SECTOR IS ONE OF THE3
FIVE LARGEST SOURCES OF GREENHOUSE GAS POLLUTION IN THE STATE ;4
(b) I
NDUSTRIAL EMISSIONS OFTEN:5
(I) D
ISPROPORTIONATELY IMPACT LOW -INCOME, MINORITY, OR6
HOUSING COST-BURDENED COMMUNITIES IN THE STATE ; AND7
(II) C
ONTAIN HAZARDOUS AIR POLLUTANTS THAT CAUSE OR8
EXACERBATE EXISTING HEALTH CONDITIONS , WHICH, IN TURN,9
CONTRIBUTE FURTHER TO THE EXISTING ECONOMIC DISPARITY BETWEEN10
THE DISPROPORTIONATELY IMPACTED COMMUNITIES AND OTHER11
COMMUNITIES OF THE STATE; AND12
(c) W
HILE STATE AND FEDERAL REGULATION OF INDUSTRIAL AIR13
POLLUTION, INCLUDING POLLUTION FROM GREENHOUSE GASES , IS14
ESSENTIAL FOR PUBLIC HEALTH AND FOR ACHIEVING STATE CLIMATE15
GOALS, VOLUNTARY ACTIONS ARE NEEDED TO ACHIEVE FURTHER16
REDUCTIONS IN INDUSTRIAL POLLUTION .17
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT18
OTHERWISE REQUIRES:19
(a) "A
IR POLLUTANT":20
(I) H
AS THE MEANING SET FORTH IN SECTION 25-7-103 (1.5); AND21
(II) I
NCLUDES AIR TOXICS, PARTICULATES, OZONE PRECURSORS,22
AND GREENHOUSE GASES .23
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE24
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).25
(c) "F
UND" MEANS THE INDUSTRIAL AND MANUFACTURING26
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND CREATED IN27
SB22-193
-5- SUBSECTION (6) OF THIS SECTION.1
(d) "G
RANT PROGRAM " MEANS THE INDUSTRIAL AND2
MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN3
SUBSECTION (3)(a) OF THIS SECTION.4
(e) "G
REENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION5
2-2-322.3 (1)(a).6
(f) (I) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " MEANS7
COMMERCIAL ACTIVITIES IN WHICH AIR POLLUTANTS ARE EMITTED DURING8
OR AS A RESULT OF THE ACTIVITIES.9
(II) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " INCLUDES,10
BUT IS NOT LIMITED TO, OPERATIONS:11
(A) B
Y ENERGY PRODUCERS, REFINERIES, MEAT PACKING PLANTS,12
DAIRIES, STEEL MILLS, CEMENT PLANTS, MANUFACTURING OPERATIONS ,13
MINING OPERATIONS, AND AIRLINE OPERATIONS; AND14
(B) A
T AIRPORTS, WASTEWATER TREATMENT PLANTS , LANDFILLS,15
AND ABANDONED COAL MINES .16
(g) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE17
MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT.18
(h) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT19
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS20
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY21
STANDARD.22
(i) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN23
SECTION 24-38.5-101.24
(j) "P
UBLIC-PRIVATE PARTNERSHIP" MEANS A PARTNERSHIP25
BETWEEN A LOCAL GOVERNMENT AND A PRIVATE ENTITY THAT ENGAGES26
IN INDUSTRIAL AND MANUFACTURING OPERATIONS .27
SB22-193
-6- (k) "SPECIAL DISTRICT" MEANS ANY QUASI -MUNICIPAL1
CORPORATION AND POLITICAL SUBDIVISION ORGANIZED OR ACTING2
PURSUANT TO TITLE 32, INCLUDING A METROPOLITAN DISTRICT AND A3
WATER AND SANITATION DISTRICT.4
(l) "V
OLUNTARY PROJECT" MEANS A PROJECT THAT A PRIVATE5
ENTITY, LOCAL GOVERNMENT , OR PUBLIC-PRIVATE PARTNERSHIP6
IMPLEMENTS OR PLANS TO IMPLEMENT ON A VOLUNTARY BASIS TO REDUCE7
EMISSIONS OF HARMFUL AIR POLLUTANTS RESULTING FROM INDUSTRIAL8
AND MANUFACTURING OPERATIONS .9
(3) Grant program. (a) T
HE INDUSTRIAL AND MANUFACTURING10
OPERATIONS CLEAN AIR GRANT PROGRAM IS CREATED TO ALLOW PRIVATE11
ENTITIES, LOCAL GOVERNMENTS, AND PUBLIC-PRIVATE PARTNERSHIPS TO12
APPLY TO THE OFFICE FOR GRANT MONEY TO HELP FINANCE VOLUNTARY13
PROJECTS TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM INDUSTRIAL14
AND MANUFACTURING OPERATIONS . THE OFFICE SHALL ADMINISTER THE15
GRANT PROGRAM.16
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL:17
(I) E
STABLISH AN APPLICATION PROCESS FOR PRIVATE ENTITIES ,18
LOCAL GOVERNMENTS, AND PUBLIC-PRIVATE PARTNERSHIPS TO APPLY FOR19
MONEY TO HELP FINANCE VOLUNTARY PROJECTS AND POST INFORMATION20
ABOUT THE APPLICATION PROCESS ON THE OFFICE 'S WEBSITE;21
(II) D
ETERMINE TYPES OF VOLUNTARY PROJECTS THAT ARE22
ELIGIBLE FOR MONEY UNDER THE GRANT PROGRAM , WHICH TYPES OF23
VOLUNTARY PROJECTS MAY INCLUDE :24
(A) E
NERGY EFFICIENCY PROJECTS;25
(B) R
ENEWABLE ENERGY PROJECTS ;26
(C) B
ENEFICIAL ELECTRIFICATION PROJECTS;27
SB22-193
-7- (D) TRANSPORTATION ELECTRIFICATION PROJECTS ;1
(E) P
ROJECTS PRODUCING OR UTILIZING CLEAN HYDROGEN ;2
(F) P
ROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL3
FACILITIES;4
(G) M
ETHANE CAPTURE PROJECTS;5
(H) P
ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION6
FUEL; AND7
(I) I
NDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;8
(III) D
EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT9
PROGRAM, WHICH CRITERIA MAY INCLUDE GIVING PRIORITY FOR10
VOLUNTARY PROJECTS LOCATED IN :11
(A) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR12
(B) N
ONATTAINMENT AREAS ;13
(IV) E
STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY14
THAT AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT15
PROGRAM;16
(V) D
ETERMINE HOW A GRANTEE MUST DEMONSTRATE THAT A17
VOLUNTARY PROJECT REDUCES EMISSIONS OF AIR POLLUTANTS , INCLUDING18
ANY MODELING REQUIREMENTS FOR PROJECT EVALUATION AND19
MONITORING AND TESTING REQUIREMENTS DURING PROJECT20
IMPLEMENTATION AND AFTER PROJECT COMPLETION ;21
(VI) R
EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A22
GRANTEE TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED23
IN COMPLIANCE WITH THE PURPOSES OF THIS SECTION ; AND24
(VII) E
STABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S25
NONCOMPLIANCE WITH THIS SECTION , INCLUDING PROCEDURES FOR26
REIMBURSEMENT OF MONEY AWARDED .27
SB22-193
-8- (4) THE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND1
TO COVER:2
(a) T
HE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN3
ADMINISTERING THE GRANT PROGRAM ; AND4
(b) I
NTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT5
THAT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE6
DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN7
ADMINISTERING THE GRANT PROGRAM .8
(5) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND ON OR9
BEFORE JANUARY 1 OF EACH YEAR THEREAFTER , THE OFFICE SHALL10
PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM11
AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY12
AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND13
ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE OFFICE14
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE .15
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE16
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (5)(a) OF THIS17
SECTION CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO18
SUBSECTION (7) OF THIS SECTION.19
(6) Fund. (a) (I) T
HE INDUSTRIAL AND MANUFACTURING20
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE21
STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE22
PURPOSES OF THIS SECTION. THE FUND CONSISTS OF ANY MONEY THAT THE23
GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR24
IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR25
GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION26
(6)(a)(II)
OF THIS SECTION.27
SB22-193
-9- (II) FOR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,1
ACCEPT, AND EXPEND:2
(A) M
ONEY FROM FEDERAL SOURCES ; AND3
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC4
SOURCES.5
(III) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED6
PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION TO THE STATE7
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .8
(b) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO9
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION . THE STATE10
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE11
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY12
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT13
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT14
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE15
FUND AT THE END OF THE 2027-28 STATE FISCAL YEAR TO THE GENERAL16
FUND.17
(c) (I) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER18
TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .19
(II) T
HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.20
(7) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,21
2029.22
SECTION 2. In Colorado Revised Statutes, add part 4 to article23
38.5 of title 24 as follows:24
PART 425
COMMUNITY ACCESS TO26
ELECTRIC BICYCLES27
SB22-193
-10- 24-38.5-401. Legislative declaration. (1) T HE GENERAL1
ASSEMBLY HEREBY FINDS AND DECLARES THAT :2
(a) T
RANSPORTATION IS THE LARGEST SINGLE SOURCE OF3
GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR4
CONTRIBUTING SOURCE OF OTHER FORMS OF POLLUTION , INCLUDING5
OZONE PRECURSORS, HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES,6
AND PARTICULATE POLLUTION ;7
(b) I
N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR8
VEHICLE TRIPS WERE SIX MILES OR LESS AND SEVENTY-FIVE PERCENT WERE9
TEN MILES OR LESS;10
(c) F
OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY11
BICYCLE, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;12
(d) E
LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC13
BICYCLES, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH14
MORE CHALLENGING TERRAIN , AND CARRY MORE CARGO;15
(e) A
WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,16
ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY17
AFFORDABLE;18
(f) E
LECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN19
IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE20
TRANSPORTATION SECTOR ; AND21
(g) I
T IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER22
OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE23
ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW - AND24
MODERATE-INCOME HOUSEHOLDS.25
24-38.5-402. Definitions. A
S USED IN THIS PART 4, UNLESS THE26
CONTEXT OTHERWISE REQUIRES :27
SB22-193
-11- (1) "BIKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:1
(a) A
RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT2
ON A SHORT-TERM BASIS; AND3
(b) M
AY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND4
DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND5
RETURNED AT A SINGLE LOCATION .6
(2) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE7
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).8
(3) "E
LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL9
ASSISTED BICYCLE" AS SET FORTH IN SECTION 42-1-102 (28.5).10
(4) "F
UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC11
BICYCLES CASH FUND CREATED IN SECTION 24-38.5-406 (1)(a).12
(5) "G
RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO13
ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION 24-38.5-403.14
(6) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE15
MUNICIPALITY, COUNTY, OR CITY AND COUNTY.16
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT17
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS18
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY19
STANDARD.20
(8) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN21
SECTION 24-38.5-101.22
(9) "O
WNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES23
ELECTRIC BICYCLES, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS24
IN LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE25
OFFICE.26
(10) "P
ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN27
SB22-193
-12- OWNERSHIP PROGRAM.1
(11) "R
EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO2
ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION 24-38.5-404.3
24-38.5-403. Community access to electric bicycles grant4
program - creation - eligibility. (1) (a) (I) T
HE COMMUNITY ACCESS TO5
ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE6
SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL7
GOVERNMENTS OR NONPROFIT ORGANIZATIONS ADMINISTER OR PLAN TO8
ADMINISTER IN THE STATE. THE OFFICE SHALL ADMINISTER THE GRANT9
PROGRAM. TO BE ELIGIBLE TO APPLY FOR MONEY UNDER THE GRANT10
PROGRAM, A LOCAL GOVERNMENT OR NONPROFIT ORGANIZATION MUST11
ADMINISTER OR PLAN TO ADMINISTER, OR CONTRACT WITH A THIRD PARTY12
TO ADMINISTER:13
(A) A
BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC14
BICYCLES; OR15
(B) A
N OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO16
A SPECIFIC INDIVIDUAL OR HOUSEHOLD;17
(II) A
LOCAL GOVERNMENT OR NONPROFIT ORGANIZATION18
AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE THE MONEY TO19
PURCHASE AND MAINTAIN ELECTRIC BICYCLES , EQUIPMENT, AND20
INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR OWNERSHIP PROGRAM ,21
PAY LABOR COSTS RELATED TO IMPLEMENTATION OF THE PROGRAM , AND22
COVER THE DIRECT AND INDIRECT ADMINISTRATIVE COSTS THAT THE23
LOCAL GOVERNMENT, THE NONPROFIT ORGANIZATION, OR A THIRD-PARTY24
CONTRACTOR INCURS IN IMPLEMENTING THE PROGRAM .25
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL26
ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS AND27
SB22-193
-13- NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR MONEY UNDER THE1
GRANT PROGRAM. THE OFFICE SHALL POST INFORMATION ABOUT THE2
APPLICATION PROCESS ON ITS WEBSITE.3
(2) T
HE OFFICE SHALL DEVELOP:4
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MAY5
INCLUDE:6
(I) G
IVING PRIORITY TO LOCAL GOVERNMENTS AND NONPROFIT7
ORGANIZATIONS OFFERING A PROGRAM IN :8
(A) O
NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;9
OR10
(B) O
NE OR MORE NONATTAINMENT AREAS ;11
(II) A
REQUIREMENT THAT THE LOCAL GOVERNMENT OR12
NONPROFIT ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF13
MATCHING MONEY FOR THE PROGRAM ; AND14
(III) A
REQUIREMENT THAT A LOCAL GOVERNMENT OR NONPROFIT15
ORGANIZATION THAT APPLIES FOR GRANT MONEY FOR A PLANNED , BUT16
NOT YET IMPLEMENTED, PROGRAM DEMONSTRATE TO THE SATISFACTION17
OF THE OFFICE THAT THE LOCAL GOVERNMENT OR NONPROFIT18
ORGANIZATION, AFTER RECEIVING MONEY UNDER THE GRANT PROGRAM ,19
WILL BE ABLE TO START IMPLEMENTING THE PROGRAM WITHIN A CERTAIN20
NUMBER OF MONTHS AFTER RECEIVING THE MONEY , AS DETERMINED BY21
THE OFFICE;22
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO23
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE24
WITH THE PURPOSES OF THIS SECTION; AND25
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE26
WITH THIS SECTION, INCLUDING PROCEDURES FOR REIMBURSEMENT OF27
SB22-193
-14- MONEY AWARDED .1
(3) T
HE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND2
TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN3
ADMINISTERING THE GRANT PROGRAM .4
24-38.5-404. Community access to electric bicycles rebate5
program - eligibility - reimbursement. (1) T
HE OFFICE SHALL6
ESTABLISH THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE7
PROGRAM TO PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES8
MADE BY ELIGIBLE INDIVIDUALS. IN ESTABLISHING THE REBATE PROGRAM ,9
THE OFFICE SHALL DETERMINE:10
(a) E
LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM ,11
WHICH ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT :12
(I) A
N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR13
MODERATE-INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE14
SHALL DETERMINE; AND15
(II) T
O QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN16
ELECTRIC BICYCLE THAT:17
(A) I
S USED PRIMARILY FOR COMMUTING OR OTHER18
NONRECREATIONAL PURPOSE ; AND19
(B) C
OSTS LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE20
OFFICE.21
(b) R
EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING22
REBATE AMOUNTS; AND23
(c) T
HE MECHANISM FOR ISSUING A REBATE , WHICH MECHANISM24
MAY INCLUDE:25
(I) A
REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST26
TO THEIR ELIGIBILITY FOR A REBATE; AND27
SB22-193
-15- (II) VENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A1
QUALIFYING ELECTRIC BICYCLE AT A DISCOUNT TO AN INDIVIDUAL WHO IS2
ELIGIBLE TO PARTICIPATE UNDER THE REBATE PROGRAM .3
(2) T
HE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND4
TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN ADMINISTERING5
THE REBATE PROGRAM.6
24-38.5-405. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025,7
AND ON OR BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE8
SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT9
PROGRAM AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE10
HOUSE OF REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT11
COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE ,12
OR THEIR SUCCESSOR COMMITTEES . THE OFFICE SHALL POST A COPY OF13
EACH REPORT ON ITS WEBSITE.14
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE15
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION16
CONTINUE UNTIL THE GRANT PROGRAM AND REBATE PROGRAM REPEAL17
PURSUANT TO SECTION 24-38.5-407.18
24-38.5-406. Community access to electric bicycles cash fund19
- creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
HE20
COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN21
THE STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR22
THE PURPOSES OF THIS PART 4. THE FUND CONSISTS OF ANY MONEY THAT23
THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND24
FOR IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE25
PROGRAM AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS26
RECEIVED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.27
SB22-193
-16- (b) (I) FOR THE PURPOSES OF THIS PART 4, THE OFFICE MAY SEEK,1
ACCEPT, AND EXPEND:2
(A) M
ONEY FROM FEDERAL SOURCES ; AND3
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC4
SOURCES.5
(II) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED6
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE7
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .8
(2) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL9
ASSEMBLY, THE OFFICE MAY EXPEND MONEY IN THE FUND FOR THE10
PURPOSES SET FORTH IN THIS PART 4. THE STATE TREASURER SHALL11
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND12
INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY UNEXPENDED13
AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A14
STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT THE STATE15
TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE FUND AT THE16
END OF THE 2026-27 STATE FISCAL YEAR TO THE GENERAL FUND .17
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER18
TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .19
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.20
24-38.5-407. Repeal of part. T
HIS PART 4 IS REPEALED, EFFECTIVE21
S
EPTEMBER 1, 2028.22
SECTION 3. In Colorado Revised Statutes, add parts 14 and 1523
to article 7 of title 25 as follows:24
PART 1425
DIESEL TRUCK EMISSIONS REDUCTION26
GRANT PROGRAM27
SB22-193
-17- 25-7-1401. Short title. T HE SHORT TITLE OF THIS PART 14 IS THE1
"D
IESEL TRUCK EMISSIONS REDUCTION ACT".2
25-7-1402. Legislative declaration. (1) (a) T
HE GENERAL3
ASSEMBLY FINDS THAT:4
(I) O
LDER DIESEL TRUCKS CONTRIBUTE DISPROPORTIONATE5
AMOUNTS OF LOCALIZED EMISSIONS OF PARTICULATE MATTER AND6
NITROGEN OXIDES IN DISADVANTAGED COMMUNITIES WHERE MAJOR7
INTERSTATES BRING TRUCK TRAFFIC TO WAREHOUSES , REFINERIES, FLEET8
YARDS, AND FUEL DEPOTS;9
(II) T
HESE LOCALIZED EMISSIONS OF PARTICULATE MATTER AND10
NITROGEN OXIDES NEGATIVELY AFFECT THE HEALTH OF CHILDREN ,11
SENSITIVE POPULATIONS, AND AT-RISK ADULTS;12
(III) S
UCH NEGATIVE HEALTH EFFECTS CAN INCLUDE ASTHMA ,13
SUSCEPTIBILITY TO RESPIRATORY ILLNESS , LUNG CANCER , AND14
PREMATURE DEATH;15
(IV) O
LDER DIESEL TRUCKS CAN BE REPLACED BY NEWER TRUCKS16
TO REDUCE FUEL USAGE AND THE RELATED EMISSIONS OF HAZARDOUS AIR17
POLLUTANTS AND CRITERIA EMISSIONS THAT NEGATIVELY IMPACT AIR18
QUALITY;19
(V) O
LDER DIESEL TRUCKS ARE MORE LIKELY THAN NEWER20
TRUCKS TO BREAK DOWN AND CAUSE CONGESTION AND SAFETY ISSUES IN21
C
OLORADO'S URBAN AREAS AND ALONG COLORADO'S MOUNTAIN22
HIGHWAYS AND INTERSTATES ;23
(VI) S
MALL BUSINESSES AND SOLE PROPRIETORS THAT OWN OLDER24
DIESEL TRUCKS ARE LESS LIKELY THAN OTHER VEHICLE OWNERS TO HAVE25
ACCESS TO THE CAPITAL OR FINANCING REQUIRED TO INVEST IN NEWER ,26
CLEANER MODELS;27
SB22-193
-18- (VII) REPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS1
WITH NEWER SAFETY SYSTEMS WILL REDUCE THE CHANCE OF2
BREAKDOWNS AND VEHICLE CRASHES ON COLORADO'S MOUNTAIN3
HIGHWAYS AND INTERSTATES ; AND4
(VIII) R
EPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS5
WILL ALSO REDUCE FUEL USAGE, INCREASE FUEL ECONOMY, AND REDUCE6
EMISSIONS, WHICH WILL HELP COLORADO COMPLY WITH AIR QUALITY7
ATTAINMENT STANDARDS AND REDUCE GREENHOUSE GAS POLLUTION TO8
HELP COLORADO MEET ITS GREENHOUSE GAS POLLUTION TARGETS .9
(b) T
HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT IT IS10
APPROPRIATE TO ESTABLISH THE DIESEL TRUCK EMISSIONS REDUCTION11
GRANT PROGRAM TO ASSIST PRIVATE AND PUBLIC ENTITIES IN12
DECOMMISSIONING OLDER DIESEL TRUCKS AND REPLACING THOSE TRUCKS13
WITH NEWER TRUCKS.14
25-7-1403. Definitions. A
S USED IN THIS PART 14, UNLESS THE15
CONTEXT OTHERWISE REQUIRES :16
(1) "D
ECOMMISSION" MEANS RENDERING BOTH THE ENGINE AND17
THE CHASSIS OF A DIESEL TRUCK INOPERABLE THROUGH CUTTING A THREE18
INCH HOLE THROUGH THE WALL OF THE ENGINE BLOCK AND CUTTING THE19
CHASSIS RAILS IN HALF OR THROUGH SIMILARLY EFFECTIVE MEANS , AS20
DETERMINED BY THE DIVISION.21
(2) "D
IESEL TRUCK" MEANS A TRUCK THAT USES DIESEL FUEL22
RATHER THAN COMPRESSED NATURAL GAS OR OTHER FOSSIL FUELS .23
(3) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE24
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).25
(4) "E
LIGIBLE ENTITY" MEANS ANY PUBLIC ENTITY OR PRIVATE26
COMPANY THAT OWNS OR LEASES AND USES A QUALIFIED DIESEL TRUCK AS27
SB22-193
-19- SPECIFIED BY THE DIVISION.1
(5) "F
UND" MEANS THE DIESEL TRUCK EMISSIONS REDUCTION2
GRANT PROGRAM CASH FUND CREATED IN SECTION 24-7-1407.3
(6) "G
RANT PROGRAM" MEANS THE DIESEL TRUCK EMISSIONS4
REDUCTION GRANT PROGRAM CREATED IN SECTION 25-7-1404.5
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT6
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS7
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY8
STANDARD.9
(8) "R
EPLACEMENT" OR "REPLACE" MEANS THE REPLACEMENT OF10
AN EXISTING IN-USE MODEL YEAR 2009 OR OLDER DIESEL TRUCK WITH A11
MODEL YEAR 2017 OR NEWER TRUCK TO BE USED FOR THE SAME OR12
SIMILAR PURPOSE.13
25-7-1404. Diesel truck emissions reduction grant program -14
created. (1) T
HERE IS HEREBY CREATED IN THE DIVISION THE DIESEL15
TRUCK EMISSIONS REDUCTION GRANT PROGRAM TO PROVIDE GRANTS TO16
CERTAIN PRIVATE AND PUBLIC ENTITIES FOR DECOMMISSIONING AND17
REPLACING DIESEL TRUCKS.18
(2) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH19
THE GRANT PROGRAM FOR DECOMMISSIONING AND REPLACING DIESEL20
TRUCKS IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED21
BY THE DIVISION.22
(3) T
HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM AND ,23
SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS24
PROVIDED IN THIS PART 14. SUBJECT TO AVAILABLE APPROPRIATIONS ,25
GRANTS SHALL BE PAID OUT OF THE FUND .26
(4) T
O ADMINISTER THE GRANT PROGRAM , THE DIVISION SHALL27
SB22-193
-20- DETERMINE THE FOLLOWING :1
(a) W
HO MAY QUALIFY AS AN ELIGIBLE ENTITY;2
(b) E
LIGIBLE FUEL TYPES FOR REPLACEMENT VEHICLES ;3
(c) T
HE TIME FRAMES FOR APPLYING FOR GRANTS ;4
(d) T
HE CRITERIA USED TO EVALUATE AND PRIORITIZE5
APPLICATIONS FOR GRANTS, INCLUDING A PRIORITY FOR APPLICATIONS6
CONCERNING VEHICLES THAT ARE OPERATED WITHIN7
DISPROPORTIONATELY IMPACTED COMMUNITIES , NONATTAINMENT AREAS,8
OR BOTH;9
(e) T
HE FORM OF THE GRANT PROGRAM APPLICATION ;10
(f) T
HE TIME FRAMES FOR AWARDING GRANTS ; AND11
(g) A
NY OTHER COMPONENTS OF THE GRANT PROGRAM NECESSARY12
FOR ITS IMPLEMENTATION.13
25-7-1405. Diesel truck emissions reduction grant program -14
application - criteria - awards. (1) T
O RECEIVE A GRANT, AN ELIGIBLE15
ENTITY MUST SUBMIT AN APPLICATION TO THE DIVISION IN ACCORDANCE16
WITH THE POLICIES AND PROCEDURES ESTABLISHED BY THE DIVISION . AT17
A MINIMUM, THE APPLICATION MUST INCLUDE THE FOLLOWING18
INFORMATION:19
(a) G
RANT APPLICANT ORGANIZATIONAL AND CONTACT20
INFORMATION;21
(b) T
HE FUNDING REQUESTED PER VEHICLE ;22
(c) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL23
TRUCKS TO BE DECOMMISSIONED UPON GRANT AWARD ;24
(d) T
HE LOCATION OF THE DIESEL TRUCKS TO BE DECOMMISSIONED25
AND REPLACED;26
(e) T
HE OPERATING AREA OF THE DIESEL TRUCKS TO BE27
SB22-193
-21- DECOMMISSIONED AND REPLACED ; AND1
(f) T
HE MAKE, MODEL, AND FUEL TYPE OF THE PROPOSED2
REPLACEMENT VEHICLES.3
(2) T
HE DIVISION MAY CONSULT WITH THE GRANT APPLICANT4
REGARDING REPLACEMENT VEHICLE OPTIONS , AND, FOR VEHICLES THAT5
WILL BE REPLACED BY ANOTHER DIESEL VEHICLE , THE DIVISION SHALL6
GIVE CONSIDERATION TO THE REPLACEMENT OF VEHICLES THAT WOULD7
OTHERWISE BE OPERATED FOR A DECADE OR MORE BASED ON THE GRANT8
APPLICANT'S TYPICAL PRACTICES.9
(3) T
HE DIVISION SHALL PROVIDE FUNDING TO DECOMMISSION AND10
REPLACE DIESEL TRUCKS , AND A GRANTEE SHALL USE THE MONEY11
RECEIVED THROUGH THE GRANT PROGRAM ONLY IN ACCORDANCE WITH12
THIS PART 14.13
(4) T
HE DIVISION SHALL DEVELOP A POLICY REGARDING A14
GRANTEE'S NONCOMPLIANCE WITH A GRANT AWARD AGREEMENT ENTERED15
INTO BY THE GRANTEE AND THE DIVISION . THIS POLICY MAY INCLUDE A16
MECHANISM FOR THE DIVISION TO CONVERT THE GRANT TO A LOAN WITH17
INTEREST.18
25-7-1406. Reporting requirements. (1) O
N OR BEFORE JUNE 30,19
2023,
AND ON OR BEFORE JUNE 30 OF EACH YEAR THEREAFTER , EACH20
ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE GRANT PROGRAM21
SHALL SUBMIT A REPORT TO THE DIVISION . AT A MINIMUM, THE REPORT22
MUST INCLUDE THE FOLLOWING INFORMATION :23
(a) T
HE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT24
INFORMATION;25
(b) T
HE MAKE, MODEL, AND MODEL YEAR OF THE REPLACEMENT26
VEHICLES;27
SB22-193
-22- (c) THE PURCHASE DATES OF THE REPLACEMENT VEHICLES ;1
(d) T
HE FUEL TYPE OF THE REPLACEMENT VEHICLES ;2
(e) T
HE MONTHLY MILEAGE PER REPLACEMENT VEHICLE ;3
(f) T
HE MONTHLY FUEL USAGE PER REPLACEMENT VEHICLE ;4
(g) C
ERTIFICATION THAT THE AWARDED VEHICLES ARE STILL5
ROADWORTHY, OPERATIONAL AND OWNED BY THE ORIGINAL AWARDEE ;6
(h) T
HE MAKE, MODEL, AND MODEL YEAR OF THE DIESEL TRUCKS7
DECOMMISSIONED;8
(i) T
HE LOCATION OF DIESEL TRUCKS DECOMMISSIONED ;9
(j) T
HE OPERATING AREA OF THE DIESEL TRUCKS10
DECOMMISSIONED; AND11
(k) A
NY ADDITIONAL INFORMATION REQUIRED BY THE DIVISION .12
(2) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE13
D
ECEMBER 1 OF EACH YEAR THEREAFTER, THE DEPARTMENT OF PUBLIC14
HEALTH AND ENVIRONMENT SHALL PREPARE A REPORT SUMMARIZING THE15
PROGRESS OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE16
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE17
ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF18
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES . THE DEPARTMENT19
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE. AT A MINIMUM, THE20
REPORT MUST INCLUDE:21
(a) T
HE AMOUNT OF MONEY EXPENDED ON GRANTS DURING THE22
IMMEDIATELY PRECEDING STATE FISCAL YEAR ;23
(b) T
HE NUMBER OF DIESEL TRUCKS DECOMMISSIONED AND24
REPLACED DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR ;25
(c) T
HE ESTIMATED REDUCTION OF ANNUAL EMISSIONS OF PM10,26
PM2.5,
NOX, AND GHGS, WHERE "PM" REFERS TO PARTICULATE MATTER,27
SB22-193
-23- "NOX" REFERS TO NITROGEN OXIDES , AND "GHGS" REFERS TO1
GREENHOUSE GASES, AS A RESULT OF DIESEL TRUCK REPLACEMENTS2
FUNDED DURING THE PRECEDING FISCAL YEAR ; AND3
(d) A
BREAKDOWN OF THE DIESEL TRUCK CLASSES4
DECOMMISSIONED AND REPLACED DURING THE IMMEDIATELY PRECEDING5
STATE FISCAL YEAR.6
(3) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE7
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION8
CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION9
25-7-1408.10
24-7-1407. Diesel truck emissions reduction grant program11
cash fund - creation - use - transfer. (1) (a) T
HE DIESEL TRUCK12
EMISSIONS REDUCTION GRANT PROGRAM CASH FUND IS CREATED IN THE13
STATE TREASURY, AND THE DIVISION SHALL ADMINISTER THE FUND FOR14
THE PURPOSES OF THIS PART 14. THE FUND CONSISTS OF ANY MONEY THAT15
THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND16
FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY17
OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURS UANT TO SUBSECTION18
(2)
OF THIS SECTION.19
(b) M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION20
BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND21
INDIRECT COSTS OF IMPLEMENTING THE GRANT PROGRAM .22
(c) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND23
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE24
FUND TO THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY25
REMAINING IN THE FUND AT THE END OF A STATE FISCAL YEAR REMAINS IN26
THE FUND; EXCEPT THAT THE STATE TREASURER SHALL TRANSFER ANY27
SB22-193
-24- MONEY REMAINING IN THE FUND AT THE END OF THE 2030-31 STATE1
FISCAL YEAR TO THE GENERAL FUND .2
(2) F
OR THE PURPOSES OF THIS PART 14, THE DIVISION MAY SEEK,3
ACCEPT, AND EXPEND:4
(a) M
ONEY FROM FEDERAL SOURCES ; AND5
(b) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC6
SOURCES. THE DIVISION SHALL TRANSMIT ANY MONEY RECEIVED THROUGH7
GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO SHALL8
CREDIT THE MONEY TO THE FUND.9
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER10
FIFTEEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .11
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.12
25-7-1408. Repeal of part. T
HIS PART 14 IS REPEALED, EFFECTIVE13
J
ULY 1, 2032.14
PART 1515
ELECTRIFYING SCHOOL BUSES16
GRANT PROGRAM17
25-7-1501. Legislative declaration. (1) T
HE GENERAL ASSEMBLY18
FINDS THAT:19
(a) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ARE20
DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN21
OXIDES ARISING FROM FOSSIL-FUEL-POWERED SCHOOL BUSES, ESPECIALLY22
BECAUSE THE FLEET YARDS , WAREHOUSES, FUEL DEPOTS, AND23
INTERSTATES USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN24
LOCATED IN DISPROPORTIONATELY IMPACTED COMMUNITIES ;25
(b) I
N ADDITION TO EXPOSURE TO PARTICULATE MATTER AND26
NITROGEN OXIDES IN THEIR COMMUNITIES , SCHOOL CHILDREN ARE ALSO27
SB22-193
-25- EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF1
RIDING ON FOSSIL-FUEL-POWERED SCHOOL BUSES;2
(c) A
TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO3
ELECTRIC-POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL4
CHILDREN'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING5
POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED6
COMMUNITIES;7
(d) T
HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",8
P
UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO9
SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET , AND A STATE10
PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE11
THE FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO12
ALLOW SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS ; AND13
(e) A
TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE14
BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE :15
(I)
IF THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS16
MANAGED TO SUPPORT GRID OPERATIONS ; AND17
(II) T
HROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC18
SCHOOL BUSES:19
(A) A
S A SOURCE OF RENEWABLE ENERGY THROUGH20
VEHICLE-TO-GRID OPERATIONS; AND21
(B) A
S A COMMUNITY RESILIENCE RESOURCE TO HELP22
COMMUNITIES AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING23
ELECTRIC GRID INTERRUPTIONS.24
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :25
(a) T
HE STATE SHOULD HELP SCHOOL DISTRICTS PURCHASE AND26
MAINTAIN ELECTRIC -POWERED SCHOOL BUSES AND RELATED27
SB22-193
-26- INFRASTRUCTURE, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO1
ELECTRIC-POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED2
RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND3
(b) S
CHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO4
OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER5
FINANCE THE TRANSITION TO AN ELECTRIC-POWERED SCHOOL BUS FLEET.6
25-7-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "C
HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED9
PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER10
SCHOOL INSTITUTE ESTABLISHED PURSUANT TO SECTION 22-30.5-503, OR11
AN INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF12
ARTICLE 30.5 OF TITLE 22.13
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH14
AND ENVIRONMENT.15
(3) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE16
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).17
(4) "E
LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT18
IS POWERED SOLELY BY ELECTRICITY.19
(5) "F
OSSIL-FUEL-POWERED SCHOOL BUS" MEANS A SCHOOL BUS20
POWERED BY DIESEL FUEL OR GASOLINE .21
(6) "F
UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT22
PROGRAM CASH FUND CREATED IN SECTION 25-7-1505 (1)(a).23
(7) "G
RANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES24
GRANT PROGRAM CREATED IN SECTION 25-7-1503.25
(8) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT26
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS27
SB22-193
-27- BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD .1
(9) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN2
SECTION 24-38.5-101.3
(10) "S
CHOOL BUS":4
(a) H
AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND5
(b) I
NCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN,6
OR SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES7
AS PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF8
STUDENTS FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL -RELATED9
PROGRAMMING OR ACTIVITIES.10
(11) "S
CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED11
PURSUANT TO ARTICLE 30 OF TITLE 22.12
25-7-1503. Electrifying school buses grant program - creation13
- eligibility. (1) (a) (I) T
HE ELECTRIFYING SCHOOL BUSES GRANT14
PROGRAM IS CREATED TO ALLOW A SCHOOL DISTRICT OR CHARTER SC HOOL15
TO APPLY TO THE DEPARTMENT FOR GRANT MONEY TO HELP FINANCE :16
(A) T
HE PURCHASE AND MAINTENANCE OF ELECTRIC -POWERED17
SCHOOL BUSES, THE CONVERSION OF FOSSIL -FUEL-POWERED SCHOOL18
BUSES TO ELECTRIC -POWERED SCHOOL BUSES , CHARGING19
INFRASTRUCTURE, AND ELECTRICAL UPGRADES NECESSARY TO SUPPORT20
CHARGING INFRASTRUCTURE ;21
(B) T
HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES ;22
AND23
(C) T
HE SCHOOL DISTRICT 'S OR CHARTER SCHOOL 'S24
ADMINISTRATIVE COSTS ASSOCIATED WITH SUCH PURCHASES ,25
CONVERSIONS, MAINTENANCE, OR RETIREMENTS , INCLUDING ANY26
UP-FRONT ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND27
SB22-193
-28- IMPLEMENTING A PROPOSAL FOR THE PURCHASES , CONVERSIONS,1
MAINTENANCE, OR RETIREMENTS.2
(II) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,3
AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT4
PROGRAM AS NEEDED.5
(b) T
HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS6
FOR SCHOOL DISTRICTS AND CHARTER SC HOOLS TO APPLY FOR MONEY7
UNDER THE GRANT PROGRAM AND :8
(I) P
OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION9
PROCESS, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT10
DEVELOPS FOR THE GRANT PROGRAM , ON ITS WEBSITE; AND11
(II) S
HARE THE GRANT PROGRAM APPLICATION PROCESS12
INFORMATION WITH THE DEPARTMENT OF EDUCATION , WHICH13
DEPARTMENT SHALL POST THE INFORMATION ON ITS WEBSITE .14
(2) T
HE DEPARTMENT SHALL DEVELOP :15
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MAY16
INCLUDE:17
(I) G
IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER18
SCHOOLS:19
(A) L
OCATED IN OR ATTENDED BY STUDENTS LIVING IN20
DISPROPORTIONATELY IMPACTED COMMUNITIES ;21
(B) L
OCATED IN NONATTAINMENT AREAS ; OR22
(C) A
T WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS23
DETERMINED BY THE DEPARTMENT , RECEIVE FREE OR REDUCED-PRICE24
LUNCHES UNDER A SCHOOL LUNCH PROGRAM ; AND25
(II) A
REQUIREMENT THAT, AS A CONDITION OF RECEIVING A26
GRANT AWARD, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN27
SB22-193
-29- PERCENTAGE OF THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES, RETIRE OR1
CONVERT THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES IN A CERTAIN2
MANNER, OR BOTH;3
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO4
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE5
WITH THIS PART 15; AND6
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE7
WITH THIS PART 15, INCLUDING PROCEDURES FOR REIMBURSEMENT OF8
MONEY AWARDED .9
(3) T
HE DEPARTMENT MAY USE A PORTION OF THE MONEY IN THE10
FUND TO COVER THE DIRECT AND INDIRECT COSTS THE DEPARTMENT11
INCURS IN ADMINISTERING THE GRANT PROGRAM .12
25-7-1504. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025, AND13
ON OR BEFORE JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER ,14
THE DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS15
OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF16
REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND17
ENVIRONMENT COMMITTEE AND THE SENATE EDUCATION COMMITTEE AND18
TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR19
COMMITTEES. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON20
ITS WEBSITE.21
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE22
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION23
CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION24
25-7-1506.25
25-7-1505. Electrifying school buses grant program cash fund26
- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
HE27
SB22-193
-30- ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN1
THE STATE TREASURY, AND THE DEPARTMENT SHALL ADMINISTER THE2
FUND FOR THE PURPOSES OF THIS PART 15. THE FUND CONSISTS OF ANY3
MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE4
TO THE FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY5
FEDERAL MONEY OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT6
TO SUBSECTION (1)(b) OF THIS SECTION.7
(b) (I) F
OR THE PURPOSES OF THIS PART 15, THE DEPARTMENT MAY8
SEEK, ACCEPT, AND EXPEND:9
(A) M
ONEY FROM FEDERAL SOURCES ; AND10
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC11
SOURCES.12
(II) T
HE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED13
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE14
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .15
(2) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL16
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY IN THE FUND FOR THE17
PURPOSES SET FORTH IN THIS PART 15. THE STATE TREASURER SHALL18
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND19
INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY UNEXPENDED20
AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A21
STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT THE STATE22
TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE F UND AT THE23
END OF THE 2032-33 STATE FISCAL YEAR TO THE GENERAL FUND .24
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER25
SIXTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .26
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.27
SB22-193
-31- 25-7-1506. Repeal of part. T HIS PART 15 IS REPEALED, EFFECTIVE1
S
EPTEMBER 1, 2034.2
SECTION 4. In Colorado Revised Statutes, 25-7-103, amend3
(12), (15), and (22) as follows:4
25-7-103. Definitions. As used in this article 7, unless the context5
otherwise requires:6
(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C.7
sec. 7401 et seq., (1970), as the same is in effect on November 15, 1990,
8
AS AMENDED.9
(15) "Issue" or "issuance" means the mailing,
INCLUDING BY10
ELECTRONIC MAIL, of any order, permit, determination, or notice, other11
than notice by publication, by certified mail to the last address furnished
12
to the agency by the person subject thereto or personal service on such13
THE person. and The date of issuance of such THE order, permit,14
determination, or notice shall MUST be the date of such THE mailing or15
service or such later date as is stated in the order, permit, determination,16
or notice.17
(22) "State implementation plan"
OR "SIP" means the
A plan18
required by and described in section 110(a) SECTION 110 (a) OR 169A of19
the federal act.20
SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend21
(1)(m) and (4)(e) introductory portion as follows:22
25-7-103.5. Air quality enterprise - legislative declaration -23
fund - definitions - gifts, grants, or donations - rules - report - repeal.24
(1) Legislative declaration. The general assembly hereby finds and25
declares that:26
(m) So long as the enterprise qualifies as an enterprise for27
SB22-193
-32- purposes of section 20 of article X of the state constitution, the revenue1
from the fees collected by the enterprise is not state fiscal year spending,2
as defined in section 24-77-102 (17), or state revenues, as defined in3
section 24-77-103.6 (6)(c), and does not count against either the state4
fiscal year spending limit imposed by section 20 of article X of the state5
constitution or the excess state revenues cap, as defined in section6
24-77-103.6 (6)(b)(I)(D) SECTION 24-77-103.6 (6)(b).7
(4) Fund - fees. (e) Before establishing fees, the board shall8
conduct a stakeholder process to solicit input from potential fee payers9
and other stakeholders on the appropriate fee structure. The enterprise10
shall not collect any fees before July 1, 2021. The amount of enterprise11
fees collected
UNDER SUBSECTION (4)(b)(I) OF THIS SECTION is limited as12
follows:13
SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend14
(4) as follows:15
25-7-114.1. Air pollutant emission notices - rules. (4) Each16
such
notice shall REQUIRED BY THIS SECTION MUST specify the location at17
which the proposed emission will occur; the name and address of the18
person operating or owning such THE facility, process, or activity; the19
nature of such THE facility, process, or activity; and an estimate of the20
quantity and composition of the expected emission. The division shall21
make available at all air pollution control authority offices PROVIDE22
appropriate forms on which the information required by this section shall23
MUST be furnished.24
SECTION 7. In Colorado Revised Statutes, 25-7-119, amend (1)25
as follows:26
25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY27
SB22-193
-33- calendar days after a hearing has been requested as provided in this article1
ARTICLE 7, the commission shall grant such request. and IF GRANTED, THE2
COMMISSION SHALL set a time and place therefor FOR THE HEARING not3
more than ninety calendar days following receipt of such THE HEARING4
request, unless a shorter period is otherwise specifically provided for in5
this article ARTICLE 7. Notice of such THE hearing shall MUST be printed6
in a newspaper of general circulation in the area in which the proposed7
project or activity is located at least thirty days prior to the date of said8
THE hearing.9
SECTION 8. In Colorado Revised Statutes, 25-7-133, amend (1);10
repeal (2); and add (2.5) as follows:11
25-7-133. Legislative review and approval of state12
implementation plans and rules - legislative declaration - definition.13
(1) (a) Notwithstanding any other provision of law but subject to14
subsection (7) of this section, by January 15 of each year, the commission15
shall certify in a report to the chairperson of the legislative council in16
summary form any additions or changes to elements of the state17
implementation plan
THAT INCLUDE ANY NEW REGULATORY18
REQUIREMENTS OR MODIFICATIONS TO EXISTING REGULATORY19
REQUIREMENTS adopted during the prior year that are to be submitted to20
the administrator for purposes of federal enforceability. Such
21
(b) T
HE report shall
MUST be written in plain, nontechnical22
language using words with common and everyday meaning that are23
understandable to the average reader. Copies of such report shall MUST be24
available to the public and shall be made available SUBMITTED to each25
member of the general assembly. The provisions of26
(c) This section shall DOES not apply to control measures and27
SB22-193
-34- strategies that have been adopted and implemented by the enacting1
jurisdiction of a local unit of government if such THE measures and2
strategies do not result in mandatory direct costs upon any entity other3
than the enacting jurisdiction.4
(2) (a) By the February 15 following submission of the certified5
report under subsection (1) of this section, any member of the general6
assembly may make a request in writing to the chairperson of the7
legislative council that the legislative council hold a hearing or hearings8
to review any addition or change to elements of the SIP contained in the9
report submitted pursuant to subsection (1) of this section. Upon receipt10
of such request, the chairperson of the legislative council shall forthwith11
schedule a hearing to conduct such review. Any review by the legislative12
council shall determine whether the addition or change to the SIP element13
accomplishes the results intended by enactment of the statutory provisions14
under which the addition or change to the SIP element was adopted. The15
legislative council, after allowing a public hearing preceded by adequate16
notice to the public and the commission, may recommend the introduction17
of a bill or bills based on the results of such review. If the legislative18
council does not recommend introduction of a bill under this subsection19
(2), the addition or change to the SIP element may be submitted under20
paragraph (b) of this subsection (2). Any bill recommended for21
consideration under this subsection (2) shall not be counted against the22
number of bills to which members of the general assembly are limited by23
law or joint rule of the senate and the house of representatives. If the24
legislative council does not recommend the introduction of a bill under25
this paragraph (a), and the member or members of the general assembly26
that requested such review will be introducing a bill under the provisions27
SB22-193
-35- of paragraph (c) of this subsection (2), any such member shall provide1
written notice to the chairperson of the legislative council within three2
days after the action by the legislative council not to recommend3
introduction of a bill. If such member or members provide such written4
notice, the addition or change to the SIP or any element thereof that is the5
subject of any such bill may not be submitted to the administrator of the6
federal environmental protection agency until the expiration of the7
addition or change to the SIP has been postponed by the general assembly8
acting by bill or the member or members provide written notice to the9
chairperson of the executive committee of the legislative council that no10
bill will be introduced.11
(b) Unless a written request for legislative council review of an12
addition or change to a SIP element is submitted by the February 1513
following submission of the report under subsection (1) of this section,14
or a notice is provided by a member or members that they are introducing15
a bill under paragraph (c) of this subsection (2) within three days after16
legislative council action not to introduce a bill under paragraph (a) of17
this subsection (2), all other additions or changes to a SIP element18
described in such report shall be submitted to the administrator for final19
approval and incorporation into the SIP.20
(c) Until such February 15 as provided in paragraph (b) of this21
subsection (2), the commission may only submit an addition or change to22
the SIP or any element thereof, as defined in section 110 of the federal23
act, any rule which is a part thereof, or any revision thereto as specified24
in subsection (1) of this section to the administrator for conditional25
approval or temporary approval. If legislative council review is requested26
as to any addition or change to a SIP element under paragraph (a) of this27
SB22-193
-36- subsection (2), then no such SIP, revision, rule required by the SIP or1
revision, or rule related to the implementation of the SIP or revision so2
submitted to the administrator may take effect for purposes of federal3
enforceability, or enforcement of any kind at the state level against any4
person or entity based only on the commission's general authority to adopt5
a SIP under section 25-7-105 (1), unless expiration of the SIP, rule6
required for the SIP, or addition or change to a SIP element has been7
postponed by the general assembly acting by bill in the same manner as8
provided in section 24-4-103 (8)(c) and (8)(d), C.R.S. Any member of the9
general assembly may introduce a bill to modify or delete all or a portion10
of the SIP or any rule or additions or changes to SIP elements which are11
a component thereof. Any bill introduced under this paragraph (c) shall12
not be counted against the number of bills to which members of the13
general assembly are limited by law or joint rule of the senate and the14
house of representatives. Any committee of reference of the senate or the15
house of representatives to which a bill introduced under this paragraph16
(c) is referred shall conduct as part of consideration of any such bill on17
the merits the review provided for under paragraph (a) of this subsection18
(2). If any bill is introduced under paragraph (a) of this subsection (2) or19
under this paragraph (c) to postpone the expiration of any addition or20
change to a SIP element described in a report submitted under subsection21
(1) of this section, and any such bill does not become law, the addition or22
change to a SIP element addressed in such bill may be submitted to the23
administrator of the federal environmental protection agency for final24
approval and incorporation into the SIP under paragraph (b) of this25
subsection (2).26
(d) Repealed.27
SB22-193
-37- (2.5) (a) UNTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE1
CERTIFIED REPORT UNDER SUBSECTION (1) OF THIS SECTION, ANY2
ADDITION OR CHANGE TO THE SIP MUST NOT BE NOT SUBMITTED TO THE3
ADMINISTRATOR FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP,4
UNLESS THE ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR5
THE GOVERNOR'S DESIGNEE AS A PROVISIONAL SUBMISSION.6
(b) B
Y FEBRUARY 15 ANY MEMBER OF THE GENERAL ASSEMBLY7
MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE8
ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED9
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. ANY BILL INTRODUCED10
UNDER THIS SUBSECTION (2.5)(b) DOES NOT COUNT AGAINST THE NUMBER11
OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY12
LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .13
D
URING THE PERIOD THAT ANY SUCH BILL INTRODUCED UNDER THIS14
SUBSECTION (2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES15
TO THE SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL16
APPROVAL AND INCORPORATION INTO THE SIP, UNLESS DESIGNATED BY17
THE GOVERNOR OR THE GOVERNOR 'S DESIGNEE AS A PROVISIONAL18
SUBMISSION.19
(c) I
F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS20
SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES21
TO THE SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE22
SIP
MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL23
AND INCORPORATION INTO THE SIP. IF THE BILL BECOMES LAW , THE24
COMMISSION SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO25
THE SIP AS DIRECTED BY THE BILL, AND ANY MODIFIED ADDITIONS OR26
CHANGES TO THE SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR27
SB22-193
-38- FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP.1
(d) A
S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"2
MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .3
SECTION 9. In Colorado Revised Statutes, 25-7-133.5, amend4
(3) as follows:5
25-7-133.5. Approval or rescission of specific revisions to state6
implementation plan (SIP) after 1996. (3) Revisions to the SIP that are7
adopted solely to conform the SIP to prior actions of the general assembly8
under section 25-7-133 and this section may be submitted to the federal9
environmental protection agency for final approval under section
10
25-7-133 (2) SECTION 25-7-133 (2.5) without further approval by the11
general assembly under section 25-7-133 or this section.12
SECTION 10. Appropriation. (1) For the 2022-23 state fiscal13
year, $750,000 is appropriated to the department of personnel. This14
appropriation is from the general fund. The department may use this15
appropriation for covering the cost of issuing free annual eco passes16
provided by the regional transportation district created in section17
32-9-105, C.R.S.18
(2) For the 2022-23 state fiscal year, $25,000,000 is appropriated19
to the office of the governor for use by the Colorado energy office. This20
appropriation is from the industrial and manufacturing operations clean21
air grant program cash fund created in section 24-38.5-113 (6)(a), C.R.S.22
To implement this act, the Colorado energy office may use this23
appropriation to implement the industrial and manufacturing operations24
clean air grant program created in section 24-38.5-113 (3)(a), C.R.S.25
(3) For the 2022-23 state fiscal year, $12,000,000 is appropriated26
to the office of the governor for use by the Colorado energy office. This27
SB22-193
-39- appropriation is from the community access to electric bicycles cash fund1
created in section 24-38.5-406 (1)(a), C.R.S. To implement this act, the2
Colorado energy office may use this appropriation to implement the3
community access to electric bicycles grant program created in section4
24-38.5-403 (1)(a)(I), C.R.S., and the community access to electric5
bicycles rebate program created in section 24-38.5-404 (1), C.R.S.6
(4) For the 2022-23 state fiscal year, $15,000,000 is appropriated7
to the department of public health and environment for use by the division8
of administration. This appropriation is from the diesel truck emissions9
reduction grant program cash fund created in section 24-7-1407 (1)(a),10
C.R.S. To implement this act, the division of administration may use this11
appropriation to implement the diesel truck emissions reduction grant12
program created in section 25-7-1404 (1).13
(5) For the 2022-23 state fiscal year, $65,000,000 is appropriated14
to the department of public health and environment. This appropriation15
is from the electrifying school buses grant program cash fund created in16
section 25-7-1505 (1)(a), C.R.S. To implement this act, the department17
may use this appropriation to implement the electrifying school buses18
grant program created in section 25-7-1503 (1)(a), C.R.S.19
(6) For the 2022-23 state fiscal year, $7,000,000 is appropriated20
to the department of public health and environment. This appropriation21
is from the general fund. The department may use this appropriation to22
finance the aerial surveying of pollutants. Any money appropriated in this23
subsection (6) that is not expended before July 1, 2023, is further24
appropriated to the department for the 2023-24 and 2024-25 state fiscal25
years for the same purpose.26
SECTION 11. Safety clause. The general assembly hereby finds,27
SB22-193
-40- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
SB22-193
-41-