Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0383.02 Jennifer Berman x3286
SENATE BILL 22-193
Senate Committees House Committees
Transportation & Energy
Appropriations
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
Amended 2nd Reading
April 14, 2022
SENATE SPONSORSHIP
Fenberg and Gonzales,
HOUSE SPONSORSHIP
Valdez A. and Froelich,
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.
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
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
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 AND ADDRESSING OZONE NONATTAINMENT ,
VOLUNTARY ACTIONS16
ARE NEEDED TO ACHIEVE FURTHER REDUCTIONS IN INDUSTRIAL17
POLLUTION.18
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT19
OTHERWISE REQUIRES:20
(a) "A
IR POLLUTANT":21
(I) H
AS THE MEANING SET FORTH IN SECTION 25-7-103 (1.5); AND22
(II) I
NCLUDES AIR TOXICS, PARTICULATES, OZONE PRECURSORS,23
AND GREENHOUSE GASES .24
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE25
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).26
(c) "F
UND" MEANS THE INDUSTRIAL AND MANUFACTURING27
193
-5- OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND CREATED IN1
SUBSECTION (6) OF THIS SECTION.2
(d) "G
RANT PROGRAM " MEANS THE INDUSTRIAL AND3
MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN4
SUBSECTION (3)(a) OF THIS SECTION.5
(e) "G
REENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION6
2-2-322.3 (1)(a).7
(f) (I) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " MEANS8
COMMERCIAL ACTIVITIES IN WHICH AIR POLLUTANTS ARE EMITTED DURING9
OR AS A RESULT OF THE ACTIVITIES.10
(II) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " INCLUDES,11
BUT IS NOT LIMITED TO, OPERATIONS:12
(A) B
Y ENERGY PRODUCERS, REFINERIES, MEAT PACKING PLANTS,13
DAIRIES, STEEL MILLS, CEMENT PLANTS, MANUFACTURING OPERATIONS ,14
MINING OPERATIONS, AND AIRLINE OPERATIONS; AND15
(B) A
T AIRPORTS, WASTEWATER TREATMENT PLANTS , LANDFILLS,16
AND ABANDONED COAL MINES .17
(g) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE18
MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT.19
(h) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT20
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS21
BEING IN NONATTAINMENT WITH A NATI ONAL AMBIENT AIR QUALITY22
STANDARD.23
(i) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN24
SECTION 24-38.5-101.25
(j) "P
UBLIC-PRIVATE PARTNERSHIP" MEANS A PARTNERSHIP26
BETWEEN A LOCAL GOVERNMENT AND A PRIVATE ENTITY THAT ENGAGES27
193
-6- IN INDUSTRIAL AND MANUFACTURING OPERATIONS .1
(k) "S
PECIAL DISTRICT" MEANS ANY QUASI -MUNICIPAL2
CORPORATION AND POLITICAL SUBDIVISION ORGANIZED OR ACTING3
PURSUANT TO TITLE 32, INCLUDING A METROPOLITAN DISTRICT AND A4
WATER AND SANITATION DISTRICT.5
(l) "V
OLUNTARY PROJECT" MEANS A PROJECT THAT A PRIVATE6
ENTITY, LOCAL GOVERNMENT , OR PUBLIC-PRIVATE PARTNERSHIP7
IMPLEMENTS OR PLANS TO IMPLEMENT ON A VOLUNTARY BASIS TO REDUCE8
EMISSIONS OF HARMFUL AIR POLLUTANTS RESULTING FROM INDUSTRIAL9
AND MANUFACTURING OPERATIONS .10
(3) Grant program. (a) T
HE INDUSTRIAL AND MANUFACTURING11
OPERATIONS CLEAN AIR GRANT PROGRAM IS CREATED TO ALLOW PRIVATE12
ENTITIES, LOCAL GOVERNMENTS, AND PUBLIC-PRIVATE PARTNERSHIPS TO13
APPLY TO THE OFFICE FOR GRANT MONEY TO HELP FINANCE VOLUNTARY14
PROJECTS TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM INDUSTRIAL15
AND MANUFACTURING OPERATIONS . THE OFFICE SHALL ADMINISTER THE16
GRANT PROGRAM.17
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL:18
(I) E
STABLISH AN APPLICATION PROCESS FOR PRIVATE ENTITIES ,19
LOCAL GOVERNMENTS , TRIBAL GOVERNMENTS ,
AND PUBLIC-PRIVATE20
PARTNERSHIPS TO APPLY FOR MONEY TO HELP FINANCE VOLUNTARY21
PROJECTS AND POST INFORMATION ABOUT THE APPLICATION PROCESS ON22
THE OFFICE'S WEBSITE;23
(II) D
ETERMINE TYPES OF VOLUNTARY PROJECTS THAT ARE24
ELIGIBLE FOR MONEY UNDER THE GRANT PROGRAM , WHICH TYPES OF25
VOLUNTARY PROJECTS MAY INCLUDE :26
(A) E
NERGY EFFICIENCY PROJECTS;27
193
-7- (B) RENEWABLE ENERGY PROJECTS ;1
(C) B
ENEFICIAL ELECTRIFICATION PROJECTS;2
(D) T
RANSPORTATION ELECTRIFICATION PROJECTS ;3
(E) P
ROJECTS PRODUCING OR UTILIZING CLEAN HYDROGEN ;4
(F) P
ROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL5
FACILITIES AND DIRECT AIR CAPTURE PROJECTS;
6
(G) M
ETHANE CAPTURE FROM LANDFILLS , SEWAGE TREATMENT
7
PLANTS, ACTIVE OR INACTIVE COAL MINES , OR AGRICULTURAL8
OPERATIONS;9
(H) P
ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION10
FUEL; AND11
(I) I
NDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;12
(III) D
EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT13
PROGRAM, WHICH CRITERIA MUST
INCLUDE GIVING PRIORITY FOR14
VOLUNTARY PROJECTS LOCATED IN :15
(A) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR16
(B) N
ONATTAINMENT AREAS ;17
(IV) E
STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY18
THAT AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT19
PROGRAM;20
(V) D
ETERMINE HOW A GRAN TEE MUST DEMONSTRATE THAT A21
VOLUNTARY PROJECT REDUCES EMISSIONS OF AIR POLLUTANTS AND OZONE
22
PRECURSORS, INCLUDING ANY MODELING REQUIREMENTS FOR PROJECT23
EVALUATION AND MONITORING AND TESTING REQUIREMENTS DURING24
PROJECT IMPLEMENTATION AND AFTER PROJECT COMPLETION ;25
(VI) R
EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A26
GRANTEE TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED27
193
-8- IN COMPLIANCE WITH THE PURPOSES OF THIS SECTION ; AND1
(VII) E
STABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S2
NONCOMPLIANCE WITH THIS SECTION , INCLUDING PROCEDURES FOR3
REIMBURSEMENT OF MONEY AWARDED .4
(4) T
HE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND5
TO COVER:6
(a) T
HE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN7
ADMINISTERING THE GRANT PROGRAM ; AND8
(b) I
NTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT9
THAT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE10
DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN11
ADMINISTERING THE GRANT PROGRAM .12
(5) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND ON OR13
BEFORE JANUARY 1 OF EACH YEAR THEREAFTER , THE OFFICE SHALL14
PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM15
AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY16
AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND17
ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE OFFICE18
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE .19
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE20
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (5)(a) OF THIS21
SECTION CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO22
SUBSECTION (7) OF THIS SECTION.23
(6) Fund. (a) (I) T
HE INDUSTRIAL AND MANUFACTURING24
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE25
STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE26
PURPOSES OF THIS SECTION. THE FUND CONSISTS OF ANY MONEY THAT THE27
193
-9- GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR1
IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR2
GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION3
(6)(a)(II)
OF THIS SECTION.4
(II) F
OR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,5
ACCEPT, AND EXPEND:6
(A) M
ONEY FROM FEDERAL SOURCES ; AND7
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC8
SOURCES.9
(III) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED10
PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION TO THE STATE11
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .12
(b) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO13
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION . THE STATE14
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE15
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY16
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT17
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT18
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE19
FUND AT THE END OF THE 2027-28 STATE FISCAL YEAR TO THE GENERAL20
FUND.21
(c) (I) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER22
TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .23
(II) T
HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.24
(7) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,25
2029.26
SECTION 2. In Colorado Revised Statutes, add part 4 to article27
193
-10- 38.5 of title 24 as follows:1
PART 42
COMMUNITY ACCESS TO3
ELECTRIC BICYCLES4
24-38.5-401. Legislative declaration. (1) T
HE GENERAL5
ASSEMBLY HEREBY FINDS AND DECLARES THAT :6
(a) T
RANSPORTATION IS THE LARGEST SINGLE SOURCE OF7
GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR8
CONTRIBUTING SOURCE OF OTHER FORMS OF POLLUTION , INCLUDING9
OZONE PRECURSORS, HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES,10
AND PARTICULATE POLLUTION ;11
(b) I
N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR12
VEHICLE TRIPS WERE SIX MILES OR LESS AND SEVENTY-FIVE PERCENT WERE13
TEN MILES OR LESS;14
(c) F
OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY15
BICYCLE, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;16
(d) E
LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC17
BICYCLES, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH18
MORE CHALLENGING TERRAIN , AND CARRY MORE CARGO;19
(e) A
WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,20
ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY21
AFFORDABLE;22
(f) E
LECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN23
IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE24
TRANSPORTATION SECTOR ; AND25
(g) I
T IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER26
OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE27
193
-11- ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW - AND1
MODERATE-INCOME HOUSEHOLDS.2
24-38.5-402. Definitions. A
S USED IN THIS PART 4, UNLESS THE3
CONTEXT OTHERWISE REQUIRES :4
(1) "B
IKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:5
(a) A
RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT6
ON A SHORT-TERM BASIS; AND7
(b) M
AY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND8
DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND9
RETURNED AT A SINGLE LOCATION .10
(2) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE11
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).12
(3) "E
LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL13
ASSISTED BICYCLE" AS SET FORTH IN SECTION 42-1-102 (28.5).14
(4) "F
UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC15
BICYCLES CASH FUND CREATED IN SECTION 24-38.5-406 (1)(a).16
(5) "G
RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO17
ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION 24-38.5-403.18
(6) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE19
MUNICIPALITY, COUNTY, OR CITY AND COUNTY.20
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT21
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS22
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY23
STANDARD.24
(8) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN25
SECTION 24-38.5-101.26
(9) "O
WNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES27
193
-12- ELECTRIC BICYCLES, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS1
IN LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE2
OFFICE.3
(10) "P
ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN4
OWNERSHIP PROGRAM.5
(11) "R
EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO6
ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION 24-38.5-404.7
24-38.5-403. Community access to electric bicycles grant8
program - creation - eligibility. (1) (a) (I) T
HE COMMUNITY ACCESS TO9
ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE10
SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL11
GOVERNMENTS, TRIBAL GOVERNMENTS,
OR NONPROFIT ORGANIZATIONS12
ADMINISTER OR PLAN TO ADMINISTER IN THE STATE . THE OFFICE SHALL13
ADMINISTER THE GRANT PROGRAM . TO BE ELIGIBLE TO APPLY FOR MONEY14
UNDER THE GRANT PROGRAM , A LOCAL GOVERNMENT , TRIBAL15
GOVERNMENT, OR NONPROFIT ORGANIZATION MUST ADMINISTER OR PLAN16
TO ADMINISTER, OR CONTRACT WITH A THIRD PARTY TO ADMINISTER :17
(A) A
BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC18
BICYCLES; OR19
(B) A
N OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO20
A SPECIFIC INDIVIDUAL OR HOUSEHOLD;21
(II) A
LOCAL GOVERNMENT, TRIBAL GOVERNMENT,
OR NONPROFIT22
ORGANIZATION AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE23
THE MONEY TO PURCHASE AND MAINTAIN ELECTRIC BICYCLES ,24
EQUIPMENT, AND INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR25
OWNERSHIP PROGRAM, PAY LABOR COSTS RELATED TO IMPLEMENTATION26
OF THE PROGRAM, AND COVER THE DIRECT AND INDIRECT ADMINISTRATIVE27
193
-13- COSTS THAT THE LOCAL GOVERNMENT , TRIBAL GOVERNMENT , THE1
NONPROFIT ORGANIZATION, OR A THIRD-PARTY CONTRACTOR INCURS IN2
IMPLEMENTING THE PROGRAM .3
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL4
ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS , TRIBAL
5
GOVERNMENTS, AND NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR6
MONEY UNDER THE GRANT PROGRAM . THE OFFICE SHALL POST7
INFORMATION ABOUT THE APPLICATION PROCESS ON ITS WEBSITE .8
(2) T
HE OFFICE SHALL DEVELOP:9
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA10
MUST
INCLUDE:11
(I) G
IVING PRIORITY TO LOCAL GOVERNMENTS , TRIBAL
12
GOVERNMENTS, AND NONPROFIT ORGANIZATIONS OFFERING A PROGRAM13
IN:14
(A) O
NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;15
OR16
(B) O
NE OR MORE NONATTAINMENT AREAS ;17
(II) A
REQUIREMENT THAT THE LOCAL GOVERNMENT OR18
NONPROFIT ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF19
MATCHING MONEY FOR THE PROGRAM ; AND20
(III) A
REQUIREMENT THAT A LOCAL GOVERNMENT , TRIBAL
21
GOVERNMENT, OR NONPROFIT ORGANIZATION THAT APPLIES FOR GRANT22
MONEY FOR A PLANNED , BUT NOT YET IMPLEMENTED , PROGRAM23
DEMONSTRATE TO THE SATISFACTION OF THE OFFICE THAT THE LOCAL24
GOVERNMENT, TRIBAL GOVERNMENT , OR NONPROFIT ORGANIZATION ,25
AFTER RECEIVING MONEY UNDER THE GRANT PROGRAM , WILL BE ABLE TO26
START IMPLEMENTING THE PROGRAM WITHIN A CERTAIN NUMBER OF27
193
-14- MONTHS AFTER RECEIVING THE MONEY , AS DETERMINED BY THE OFFICE;1
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO2
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE3
WITH THE PURPOSES OF THIS SECTION; AND4
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE5
WITH THIS SECTION, INCLUDING PROCEDURES FOR REIMBURSEMENT OF6
MONEY AWARDED .7
(3) T
HE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND8
TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN9
ADMINISTERING THE GRANT PROGRAM .10
24-38.5-404. Community access to electric bicycles rebate11
program - eligibility - reimbursement. (1) T
HE OFFICE SHALL12
ESTABLISH THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE13
PROGRAM TO PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES14
AND EQUIPMENT
MADE BY ELIGIBLE INDIVIDUALS , BUSINESSES, AND15
NONPROFIT ORGANIZATIONS. IN ESTABLISHING THE REBATE PROGRAM , THE16
OFFICE SHALL DETERMINE:17
(a) E
LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM ,18
WHICH ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT :19
(I) A
N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR20
MODERATE-INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE21
SHALL DETERMINE;
22
(II) A
N ELIGIBLE BUSINESS OR NONPROFIT ORGANIZATION USES
23
ELECTRIC BICYCLES TO CONDUCT ITS BUSINESS ACTIVITIES ;24
(III) TO QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN25
ELECTRIC BICYCLE AND EQUIPMENT THAT:26
(A) A
RE
USED PRIMARILY FOR COMMUTING OR OTHER27
193
-15- NONRECREATIONAL PURPOSE ; AND1
(B) C
OST
LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE2
OFFICE; AND3
(IV) T
O QUALIFY FOR A REBATE , A BUSINESS OR NONPROFIT
4
ORGANIZATION THAT PURCHASES AN ELECTRIC BICYCLE MUST USE THE5
ELECTRIC BICYCLE PRIMARILY TO CONDUCT ITS BUSINESS ACTIVITIES ,6
INCLUDING MAKING LAST -MILE DELIVERIES, AND FOR OTHER7
NONRECREATIONAL PURPOSES .8
(b) R
EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING9
REBATE AMOUNTS; AND10
(c) T
HE MECHANISM FOR ISSUING A REBATE , WHICH MECHANISM11
MAY INCLUDE:12
(I) A
REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST13
TO THEIR ELIGIBILITY FOR A REBATE; AND14
(II) V
ENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A15
QUALIFYING ELECTRIC BICYCLE AND EQUIPMENT
AT A DISCOUNT TO AN16
INDIVIDUAL, BUSINESS, OR NONPROFIT ORGANIZATION THAT IS ELIGIBLE TO17
PARTICIPATE UNDER THE REBATE PROGRAM .18
(2) T
HE OFFICE MAY USE A PORTION OF THE MONEY IN THE FUND19
TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN ADMINISTERING20
THE REBATE PROGRAM.21
24-38.5-405. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025,22
AND ON OR BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE23
SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT24
PROGRAM AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE25
HOUSE OF REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT26
COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE ,27
193
-16- OR THEIR SUCCESSOR COMMITTEES . THE OFFICE SHALL POST A COPY OF1
EACH REPORT ON ITS WEBSITE.2
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE3
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION4
CONTINUE UNTIL THE GRANT PROGRAM AND REBATE PROGRAM REPEAL5
PURSUANT TO SECTION 24-38.5-407.6
24-38.5-406. Community access to electric bicycles cash fund7
- creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
HE8
COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN9
THE STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR10
THE PURPOSES OF THIS PART 4. THE FUND CONSISTS OF ANY MONEY THAT11
THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND12
FOR IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE13
PROGRAM AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS14
RECEIVED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.15
(b) (I) F
OR THE PURPOSES OF THIS PART 4, THE OFFICE MAY SEEK,16
ACCEPT, AND EXPEND:17
(A) M
ONEY FROM FEDERAL SOURCES ; AND18
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC19
SOURCES.20
(II) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED21
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE22
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .23
(2) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
24
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS PART 4. THE STATE25
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE26
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY27
193
-17- UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT1
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT2
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE3
FUND AT THE END OF THE 2026-27 STATE FISCAL YEAR TO THE GENERAL4
FUND.5
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER6
TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .7
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.8
24-38.5-407. Repeal of part. T
HIS PART 4 IS REPEALED, EFFECTIVE9
S
EPTEMBER 1, 2028.10
SECTION 3. In Colorado Revised Statutes, add parts 14 and 1511
to article 7 of title 25 as follows:12
PART 1413
DIESEL TRUCK EMISSIONS REDUCTION14
GRANT PROGRAM15
25-7-1401. Short title. T
HE SHORT TITLE OF THIS PART 14 IS THE16
"D
IESEL TRUCK EMISSIONS REDUCTION ACT".17
25-7-1402. Legislative declaration. (1) (a) T
HE GENERAL18
ASSEMBLY FINDS THAT:19
(I) O
LDER DIESEL TRUCKS CONTRIBUTE DISPROPORTIONATE20
AMOUNTS OF LOCALIZED EMISSIONS OF PARTICULATE MATTER AND21
NITROGEN OXIDES IN DISADVANTAGED COMMUNITIES WHERE MAJOR22
INTERSTATES BRING TRUCK TRAFFIC TO WAREHOUSES , REFINERIES, FLEET23
YARDS, AND FUEL DEPOTS;24
(II) T
HESE LOCALIZED EMISSIONS OF PARTICULATE MATTER AND25
NITROGEN OXIDES NEGATIVELY AFFECT THE HEALTH OF CHILDREN ,26
SENSITIVE POPULATIONS, AND AT-RISK ADULTS;27
193
-18- (III) SUCH NEGATIVE HEALTH EFFECTS CAN INCLUDE ASTHMA ,1
SUSCEPTIBILITY TO RESPIRATORY ILLNESS , LUNG CANCER , AND2
PREMATURE DEATH;3
(IV) O
LDER DIESEL TRUCKS CAN BE REPLACED BY NEWER TRUCKS4
TO REDUCE FUEL USAGE AND THE RELATED EMISSIONS OF HAZARDOUS AIR5
POLLUTANTS AND CRITERIA EMISSIONS THAT NEGATIVELY IMPACT AIR6
QUALITY;7
8
(V) SMALL BUSINESSES AND SOLE PROPRIETORS THAT OWN OLDER9
DIESEL TRUCKS ARE LESS LIKELY THAN OTHER VEHICLE OWNERS TO HAVE10
ACCESS TO THE CAPITAL OR FINANCING REQUIRED TO INVEST IN NEWER ,11
CLEANER MODELS;12
(VI) REPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS WITH13
NEWER SAFETY SYSTEMS WILL REDUCE THE CHANCE OF BREAKDOWNS AND14
VEHICLE CRASHES ON COLORADO'S MOUNTAIN HIGHWAYS AND15
INTERSTATES; AND16
(VII) REPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS17
WILL ALSO REDUCE FUEL USAGE, INCREASE FUEL ECONOMY, AND REDUCE18
EMISSIONS, WHICH WILL HELP COLORADO COMPLY WITH AIR QUALITY19
ATTAINMENT STANDARDS AND REDUCE GREENHOUSE GAS POLLUTION TO20
HELP COLORADO MEET ITS GREENHOUSE GAS POLLUTION TARGETS .21
(b) T
HE GENERAL ASSEMBLY FINDS , THEREFORE, THAT IT IS22
APPROPRIATE TO ESTABLISH THE DIESEL TRUCK EMISSIONS REDUCTION23
GRANT PROGRAM TO ASSIST PRIVATE AND PUBLIC ENTITIES IN24
DECOMMISSIONING OLDER DIESEL TRUCKS AND REPLACING THOSE TRUCKS25
WITH NEWER TRUCKS.26
25-7-1403. Definitions. A
S USED IN THIS PART 14, UNLESS THE27
193
-19- CONTEXT OTHERWISE REQUIRES :1
(1) "D
ECOMMISSION" MEANS RENDERING BOTH THE ENGINE AND2
THE CHASSIS OF A DIESEL TRUCK INOPERABLE THROUGH CUTTING A THREE3
INCH HOLE THROUGH THE WALL OF THE ENGINE BLOCK AND CUTTING THE4
CHASSIS RAILS IN HALF OR THROUGH SIMILARLY EFFECTIVE MEANS , AS5
DETERMINED BY THE DIVISION.6
(2) "D
IESEL TRUCK" MEANS A TRUCK THAT USES DIESEL FUEL7
RATHER THAN COMPRESSED NATURAL GAS OR OTHER FOSSIL FUELS .8
(3) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE9
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).10
(4) "E
LIGIBLE ENTITY" MEANS ANY PUBLIC ENTITY OR PRIVATE11
COMPANY THAT OWNS OR LEASES AND USES A QUALIFIED DIESEL TRUCK AS12
SPECIFIED BY THE DIVISION.13
(5) "F
UND" MEANS THE DIESEL TRUCK EMISSIONS REDUCTION14
GRANT PROGRAM CASH FUND CREATED IN SECTION 25-7-1407.
15
(6) "G
RANT PROGRAM" MEANS THE DIESEL TRUCK EMISSIONS16
REDUCTION GRANT PROGRAM CREATED IN SECTION 25-7-1404.17
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT18
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS19
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY20
STANDARD.21
(8) "R
EPLACEMENT" OR "REPLACE" MEANS THE REPLACEMENT OF22
AN EXISTING IN-USE MODEL YEAR 2009 OR OLDER DIESEL TRUCK WITH A23
MODEL YEAR 2017 OR NEWER TRUCK TO BE USED FOR THE SAME OR24
SIMILAR PURPOSE.25
25-7-1404. Diesel truck emissions reduction grant program -26
created. (1) T
HERE IS HEREBY CREATED IN THE DIVISION THE DIESEL27
193
-20- TRUCK EMISSIONS REDUCTION GRANT PROGRAM TO PROVIDE GRANTS TO1
CERTAIN PRIVATE AND PUBLIC ENTITIES FOR DECOMMISSIONING AND2
REPLACING DIESEL TRUCKS.3
(2) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH4
THE GRANT PROGRAM FOR DECOMMISSIONING AND REPLACING DIESEL5
TRUCKS IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED6
BY THE DIVISION.7
(3) T
HE DIVISION SHALL ADMINISTER THE GRANT PROGRAM AND ,8
SUBJECT TO AVAILABLE APPROPRIATIONS , SHALL AWARD GRANTS AS9
PROVIDED IN THIS PART 14. SUBJECT TO AVAILABLE APPROPRIATIONS ,10
GRANTS SHALL BE PAID OUT OF THE FUND .11
(4) T
O ADMINISTER THE GRANT PROGRAM , THE DIVISION SHALL12
DETERMINE THE FOLLOWING :13
(a) W
HO MAY QUALIFY AS AN ELIGIBLE ENTITY;14
(b) E
LIGIBLE FUEL TYPES FOR REPLACEMENT VEHICLES ;15
(c) T
HE TIME FRAMES FOR APPLYING FOR GRANTS ;16
(d) T
HE CRITERIA USED TO EVALUATE AND PRIORITIZE17
APPLICATIONS FOR GRANTS, INCLUDING A PRIORITY FOR APPLICATIONS18
CONCERNING VEHICLES THAT ARE OPERATED WITHIN19
DISPROPORTIONATELY IMPACTED COMMUNITIES , NONATTAINMENT AREAS,20
OR BOTH;21
(e) T
HE FORM OF THE GRANT PROGRAM APPLICATION ;22
(f) T
HE TIME FRAMES FOR AWARDING GRANTS ; AND23
(g) A
NY OTHER COMPONENTS OF THE GRANT PROGRAM NECESSARY24
FOR ITS IMPLEMENTATION.25
25-7-1405. Diesel truck emissions reduction grant program -26
application - criteria - awards. (1) T
O RECEIVE A GRANT, AN ELIGIBLE27
193
-21- ENTITY MUST SUBMIT AN APPLICATION TO THE DIVISION IN ACCORDANCE1
WITH THE POLICIES AND PROCEDURES ESTABLISHED BY THE DIVISION . AT2
A MINIMUM, THE APPLICATION MUST INCLUDE THE FOLLOWING3
INFORMATION:4
(a) G
RANT APPLICANT ORGANIZATIONAL AND CONTACT5
INFORMATION;6
(b) T
HE FUNDING REQUESTED PER VEHICLE ;7
(c) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL8
TRUCKS TO BE DECOMMISSIONED UPON GRANT AWARD ;9
(d) T
HE LOCATION OF THE DIESEL TRUCKS TO BE DECOMMISSIONED10
AND REPLACED;11
(e) T
HE OPERATING AREA OF THE DIESEL TRUCKS TO BE12
DECOMMISSIONED AND REPLACED ; AND13
(f) T
HE MAKE, MODEL, AND FUEL TYPE OF THE PROPOSED14
REPLACEMENT VEHICLES.15
(2) T
HE DIVISION MAY CONSULT WITH THE GRANT APPLICANT16
REGARDING REPLACEMENT VEHICLE OPTIONS , AND, FOR VEHICLES THAT17
WILL BE REPLACED BY ANOTHER DIESEL VEHICLE , THE DIVISION SHALL18
GIVE CONSIDERATION TO THE REPLACEMENT OF VEHICLES THAT WOULD19
OTHERWISE BE OPERATED FOR A DECADE OR MORE BASED ON THE GRANT20
APPLICANT'S TYPICAL PRACTICES.21
(3) T
HE DIVISION SHALL PROVIDE FUNDING TO DECOMMISSION AND22
REPLACE DIESEL TRUCKS , AND A GRANTEE SHALL USE THE MONEY23
RECEIVED THROUGH THE GRANT PROGRAM ONLY IN ACCORDANCE WITH24
THIS PART 14.25
(4) T
HE DIVISION SHALL DEVELOP A POLICY REGARDING A26
GRANTEE'S NONCOMPLIANCE WITH A GRANT AWARD AGREEMENT ENTERED27
193
-22- INTO BY THE GRANTEE AND THE DIVISION . THIS POLICY MAY INCLUDE A1
MECHANISM FOR THE DIVISION TO CONVERT THE GRANT TO A LOAN WITH2
INTEREST.3
25-7-1406. Reporting requirements. (1) O
N OR BEFORE JUNE 30,4
2023,
AND ON OR BEFORE JUNE 30 OF EACH YEAR THEREAFTER , EACH5
ELIGIBLE ENTITY THAT RECEIVES A GRANT THROUGH THE GRANT PROGRAM6
SHALL SUBMIT A REPORT TO THE DIVISION . AT A MINIMUM, THE REPORT7
MUST INCLUDE THE FOLLOWING INFORMATION :8
(a) T
HE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT9
INFORMATION;10
(b) T
HE MAKE, MODEL, AND MODEL YEAR OF THE REPLACEMENT11
VEHICLES;12
(c) T
HE PURCHASE DATES OF THE REPLACEMENT VEHICLES ;13
(d) T
HE FUEL TYPE OF THE REPLACEMENT VEHICLES ;14
(e) T
HE MONTHLY MILEAGE PER REPLACEMENT VEHICLE ;15
(f) T
HE MONTHLY FUEL USAGE PER REPLACEMENT VEHICLE ;16
(g) C
ERTIFICATION THAT THE AWARDED VEHICLES ARE STILL17
ROADWORTHY, OPERATIONAL AND OWNED BY THE ORIGINAL AWARDEE ;18
(h) T
HE MAKE, MODEL, AND MODEL YEAR OF THE DIESEL TRUCKS19
DECOMMISSIONED;20
(i) T
HE LOCATION OF DIESEL TRUCKS DECOMMISSIONED ;21
(j) T
HE OPERATING AREA OF THE DIESEL TRUCKS22
DECOMMISSIONED; AND23
(k) A
NY ADDITIONAL INFORMATION REQUIRED BY THE DIVISION .24
(2) O
N OR BEFORE DECEMBER 1, 2023, AND ON OR BEFORE25
D
ECEMBER 1 OF EACH YEAR THEREAFTER, THE DEPARTMENT OF PUBLIC26
HEALTH AND ENVIRONMENT SHALL PREPARE A REPORT SUMMARIZING THE27
193
-23- PROGRESS OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE1
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE2
ENERGY AND ENVIRONMENT COMMI TTEE OF THE HOUSE OF3
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES . THE DEPARTMENT4
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE. AT A MINIMUM, THE5
REPORT MUST INCLUDE:6
(a) T
HE AMOUNT OF MONEY EXPENDED ON GRANTS DURING THE7
IMMEDIATELY PRECEDING STATE FISCAL YEAR ;8
(b) T
HE NUMBER OF DIESEL TRUCKS DECOMMISSIONED AND9
REPLACED DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR ;10
(c) T
HE ESTIMATED REDUCTION OF ANNUAL EMISSIONS OF PM10,11
PM2.5,
NOX, AND GHGS, WHERE "PM" REFERS TO PARTICULATE MATTER,12
"NO
X" REFERS TO NITROGEN OXIDES , AND "GHGS" REFERS TO13
GREENHOUSE GASES, AS A RESULT OF DIESEL TRUCK REPLACEMENTS14
FUNDED DURING THE PRECEDING FISCAL YEAR ; AND15
(d) A
BREAKDOWN OF THE DIESEL TRUCK CLASSES16
DECOMMISSIONED AND REPLACED DURING THE IMMEDIATELY PRECEDING17
STATE FISCAL YEAR.18
(3) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE19
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (2) OF THIS SECTION20
CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION21
25-7-1408.22
25-7-1407.
Diesel truck emissions reduction grant program23
cash fund - creation - use - transfer. (1) (a) T
HE DIESEL TRUCK24
EMISSIONS REDUCTION GRANT PROGRAM CASH FUND IS CREATED IN THE25
STATE TREASURY, AND THE DIVISION SHALL ADMINISTER THE FUND FOR26
THE PURPOSES OF THIS PART 14. THE FUND CONSISTS OF ANY MONEY THAT27
193
-24- THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND1
FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY2
OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURS UANT TO SUBSECTION3
(2)
OF THIS SECTION.4
(b) M
ONEY IN THE FUND IS SUBJECT TO ANNUAL APPROPRIATION5
BY THE GENERAL ASSEMBLY TO THE DEPARTMENT FOR THE DIRECT AND6
INDIRECT COSTS OF IMPLEMENTING THE GRANT PROGRAM .7
(c) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND8
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE9
FUND TO THE FUND. ANY UNEXPENDED AND UNENCUMBERED MONEY10
REMAINING IN THE FUND AT THE END OF A STATE FISCAL YEAR REMAINS IN11
THE FUND; EXCEPT THAT THE STATE TREASURER SHALL TRANSFER ANY12
MONEY REMAINING IN THE FUND AT THE END OF THE 2030-31 STATE13
FISCAL YEAR TO THE GENERAL FUND .14
(2) F
OR THE PURPOSES OF THIS PART 14, THE DIVISION MAY SEEK,15
ACCEPT, AND EXPEND:16
(a) M
ONEY FROM FEDERAL SOURCES ; AND17
(b) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC18
SOURCES. THE DIVISION SHALL TRANSMIT ANY MONEY RECEIVED THROUGH19
GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER , WHO SHALL20
CREDIT THE MONEY TO THE FUND.21
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER22
FIFTEEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .23
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.24
25-7-1408. Repeal of part. T
HIS PART 14 IS REPEALED, EFFECTIVE25
J
ULY 1, 2032.26
PART 1527
193
-25- ELECTRIFYING SCHOOL BUSES1
GRANT PROGRAM2
25-7-1501. Legislative declaration. (1) T
HE GENERAL ASSEMBLY3
FINDS THAT:4
(a) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ARE5
DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN6
OXIDES ARISING FROM FOSSIL-FUEL-POWERED SCHOOL BUSES, ESPECIALLY7
BECAUSE THE FLEET YARDS , WAREHOUSES, FUEL DEPOTS, AND8
INTERSTATES USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN9
LOCATED IN DISPROPORTIONATELY IMPACTED COMMUNITIES ;10
(b) I
N ADDITION TO EXPOSURE TO PARTICULATE MATTER AND11
NITROGEN OXIDES IN THEIR COMMUNITIES , SCHOOL CHILDREN ARE ALSO12
EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF13
RIDING ON FOSSIL-FUEL-POWERED SCHOOL BUSES;14
(c) A
TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO15
ELECTRIC-POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL16
CHILDREN'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING17
POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED18
COMMUNITIES;19
(d) T
HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",20
P
UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO21
SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET , AND A STATE22
PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE23
THE FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO24
ALLOW SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS ; AND25
(e) A
TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE26
BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE :27
193
-26- (I) IF THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS1
MANAGED TO SUPPORT GRID OPERATIONS ; AND2
(II) T
HROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC3
SCHOOL BUSES:4
(A) A
S A SOURCE OF RENEWABLE ENERGY THROUGH5
VEHICLE-TO-GRID OPERATIONS; AND6
(B) A
S A COMMUNITY RESILIENCE RESOURCE TO HELP7
COMMUNITIES AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING8
ELECTRIC GRID INTERRUPTIONS.9
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :10
(a) T
HE STATE SHOULD HELP SCHOOL DISTRICTS PROCURE
AND11
MAINTAIN ELECTRIC -POWERED SCHOOL BUSES AND RELATED12
INFRASTRUCTURE, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO13
ELECTRIC-POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED14
RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND15
(b) S
CHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO16
OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER17
FINANCE THE TRANSITION TO AN ELECTRIC-POWERED SCHOOL BUS FLEET.18
25-7-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE19
CONTEXT OTHERWISE REQUIRES :20
(1) "C
HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED21
PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER22
SCHOOL INSTITUTE ESTABLISHED PURSUANT TO SECTION 22-30.5-503, OR23
AN INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF24
ARTICLE 30.5 OF TITLE 22.25
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH26
AND ENVIRONMENT.27
193
-27- (3) "DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE1
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).2
(4) "E
LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT3
IS POWERED SOLELY BY ELECTRICITY.4
(5) "F
OSSIL-FUEL-POWERED SCHOOL BUS" MEANS A SCHOOL BUS5
POWERED BY DIESEL FUEL OR GASOLINE .6
(6) "F
UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT7
PROGRAM CASH FUND CREATED IN SECTION 25-7-1505 (1)(a).8
(7) "G
RANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES9
GRANT PROGRAM CREATED IN SECTION 25-7-1503.10
(8) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT11
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS12
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD .13
(9) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN14
SECTION 24-38.5-101.15
(10) "S
CHOOL BUS":16
(a) H
AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND17
(b) I
NCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN,18
OR SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES19
AS PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF20
STUDENTS FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL -RELATED21
PROGRAMMING OR ACTIVITIES.22
(11) "S
CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED23
PURSUANT TO ARTICLE 30 OF TITLE 22. "SCHOOL DISTRICT" INCLUDES
24
SCHOOLS OPERATED BY TRIBAL GOVERNMENTS .25
25-7-1503. Electrifying school buses grant program - creation26
- eligibility. (1) (a) (I) T
HE ELECTRIFYING SCHOOL BUSES GRANT27
193
-28- PROGRAM IS CREATED TO ALLOW A SCHOOL DISTRICT , CHARTER SCHOOL,1
OR NONPROFIT PARTNER ACTING ON BEHALF OF A SCHOOL DISTRICT OR2
CHARTER SCHOOL TO APPLY TO THE DEPARTMENT FOR GRANT MONEY TO3
HELP FINANCE:4
(A) T
HE PROCUREMENT
AND MAINTE NANCE OF5
ELECTRIC-POWERED SCHOOL BUSES , THE CONVERSION OF6
FOSSIL-FUEL-POWERED SCHOOL BUSES TO ELECTRIC -POWERED SCHOOL7
BUSES, CHARGING INFRASTRUCTURE , AND ELECTRICAL UPGRADES8
NECESSARY TO SUPPORT CHARGING INFRASTRUCTURE ;9
(B) T
HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES ;10
AND11
(C) T
HE SCHOOL DISTRICT 'S OR CHARTER SCHOOL 'S12
ADMINISTRATIVE COSTS ASSOCIA TED WITH SUCH PROCUREMENTS ,
13
CONVERSIONS, MAINTENANCE, OR RETIREMENTS , INCLUDING ANY14
UP-FRONT ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND15
IMPLEMENTING A PROPOSAL FOR THE PROCUREMENTS , CONVERSIONS,16
MAINTENANCE, OR RETIREMENTS.17
(II) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,18
AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT19
PROGRAM AS NEEDED.20
(b) T
HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS21
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NONPROFIT PARTNERS
22
ACTING ON BEHALF OF SCHOOL DISTRICTS OR CHARTER SCHOOLS TO APPLY23
FOR MONEY UNDER THE GRANT PROGRAM AND :24
(I) P
OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION25
PROCESS, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT26
DEVELOPS FOR THE GRANT PROGRAM , ON ITS WEBSITE; AND27
193
-29- (II) SHARE THE GRANT PROGRAM APPLICATION PROCESS1
INFORMATION WITH THE DEPARTMENT OF EDUCATION , WHICH2
DEPARTMENT SHALL POST THE INFORMATION ON ITS WEBSITE .3
(2) T
HE DEPARTMENT SHALL DEVELOP :4
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA5
MUST
INCLUDE:6
(I) G
IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER7
SCHOOLS:8
(A) L
OCATED IN OR ATTENDED BY STUDENTS LIVING IN9
DISPROPORTIONATELY IMPACTED COMMUNITIES ;10
(B) L
OCATED IN NONATTAINMENT AREAS ; OR11
(C) A
T WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS12
DETERMINED BY THE DEPARTMENT , RECEIVE FREE OR REDUCED-PRICE13
LUNCHES UNDER A SCHOOL LUNCH PROGRAM ; AND14
(II) A
REQUIREMENT THAT, AS A CONDITION OF RECEIVING A15
GRANT AWARD, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN16
PERCENTAGE OF THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES, RETIRE OR17
CONVERT THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES IN A CERTAIN18
MANNER, OR BOTH;19
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO20
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE21
WITH THIS PART 15; AND22
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE23
WITH THIS PART 15, INCLUDING PROCEDURES FOR REIMBURSEMENT OF24
MONEY AWARDED .25
(3) T
HE DEPARTMENT MAY USE A PORTION OF THE MONEY IN THE26
FUND TO COVER THE DIRECT AND INDIRECT COSTS THE DEPARTMENT27
193
-30- INCURS IN ADMINISTERING THE GRANT PROGRAM .1
25-7-1504. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025, AND2
ON OR BEFORE JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER ,3
THE DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS4
OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF5
REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND6
ENVIRONMENT COMMITTEE AND THE SENATE EDUCATION COMMI TTEE AND7
TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR8
COMMITTEES. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON9
ITS WEBSITE.10
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE11
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION12
CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION13
25-7-1506.14
25-7-1505. Electrifying school buses grant program cash fund15
- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
HE16
ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN17
THE STATE TREASURY, AND THE DEPARTMENT SHALL ADMINISTER THE18
FUND FOR THE PURPOSES OF THIS PART 15. THE FUND CONSISTS OF ANY19
MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE20
TO THE FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY21
FEDERAL MONEY OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT22
TO SUBSECTION (1)(b) OF THIS SECTION.23
(b) (I) F
OR THE PURPOSES OF THIS PART 15, THE DEPARTMENT MAY24
SEEK, ACCEPT, AND EXPEND:25
(A) M
ONEY FROM FEDERAL SOURCES ; AND26
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC27
193
-31- SOURCES.1
(II) T
HE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED2
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE3
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .4
(2) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL5
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY IN THE FUND FOR THE6
PURPOSES SET FORTH IN THIS PART 15. THE STATE TREASURER SHALL7
CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND8
INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY UNEXPENDED9
AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A10
STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT THE STATE11
TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE F UND AT THE12
END OF THE 2032-33 STATE FISCAL YEAR TO THE GENERAL FUND .13
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER14
SIXTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .15
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.16
25-7-1506. Repeal of part. T
HIS PART 15 IS REPEALED, EFFECTIVE17
S
EPTEMBER 1, 2034.18
SECTION 4. In Colorado Revised Statutes, 25-7-103, amend19
(12), (15), and (22) as follows:20
25-7-103. Definitions. As used in this article 7, unless the context21
otherwise requires:22
(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C.23
sec. 7401 et seq., (1970), as the same is in effect on November 15, 1990,
24
AS AMENDED.25
(15) "Issue" or "issuance" means the mailing,
INCLUDING BY26
ELECTRONIC MAIL, of any order, permit, determination, or notice, other27
193
-32- than notice by publication, by certified mail to the last address furnished1
to the agency by the person subject thereto or personal service on such2
THE person. and The date of issuance of such THE order, permit,3
determination, or notice shall MUST be the date of such THE mailing or4
service or such later date as is stated in the order, permit, determination,5
or notice.6
(22) "State implementation plan"
OR "SIP" means the
A plan7
required by and described in section 110(a) SECTION 110 (a) OR 169A of8
the federal act.9
SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend10
(1)(m) and (4)(e) introductory portion as follows:11
25-7-103.5. Air quality enterprise - legislative declaration -12
fund - definitions - gifts, grants, or donations - rules - report - repeal.13
(1) Legislative declaration. The general assembly hereby finds and14
declares that:15
(m) So long as the enterprise qualifies as an enterprise for16
purposes of section 20 of article X of the state constitution, the revenue17
from the fees collected by the enterprise is not state fiscal year spending,18
as defined in section 24-77-102 (17), or state revenues, as defined in19
section 24-77-103.6 (6)(c), and does not count against either the state20
fiscal year spending limit imposed by section 20 of article X of the state21
constitution or the excess state revenues cap, as defined in section22
24-77-103.6 (6)(b)(I)(D) SECTION 24-77-103.6 (6)(b).23
(4) Fund - fees. (e) Before establishing fees, the board shall24
conduct a stakeholder process to solicit input from potential fee payers25
and other stakeholders on the appropriate fee structure. The enterprise26
shall not collect any fees before July 1, 2021. The amount of enterprise27
193
-33- fees collected UNDER SUBSECTION (4)(b)(I) OF THIS SECTION is limited as1
follows:2
SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend3
(4) as follows:4
25-7-114.1. Air pollutant emission notices - rules. (4) Each5
such notice shall REQUIRED BY THIS SECTION MUST specify the location at6
which the proposed emission will occur; the name and address of the7
person operating or owning such THE facility, process, or activity; the8
nature of such THE facility, process, or activity; and an estimate of the9
quantity and composition of the expected emission. The division shall10
make available at all air pollution control authority offices PROVIDE11
appropriate forms on which the information required by this section shall12
MUST be furnished.13
SECTION 7. In Colorado Revised Statutes, 25-7-119, amend (1)14
as follows:15
25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY16
calendar days after a hearing has been requested as provided in this article17
ARTICLE 7, the commission shall grant MUST ACT UPON such request. and18
I
F GRANTED, THE COMMISSION SHALL set a time and place therefor
FOR19
THE HEARING not more than ninety calendar days following THE FIRST20
REGULARLY SCHEDULED COMMISSION MEETING AFTER receipt of such THE21
HEARING request, unless a shorter period is otherwise specifically22
provided for in this article ARTICLE 7. Notice of such THE hearing shall23
MUST be printed in a newspaper of general circulation in the area in which24
the proposed project or activity is located at least thirty days prior to the25
date of said THE hearing.26
SECTION 8. In Colorado Revised Statutes, 25-7-133, amend (1);27
193
-34- repeal (2); and add (2.5) as follows:1
25-7-133. Legislative review and approval of state2
implementation plans and rules - legislative declaration - definition.3
(1) (a) Notwithstanding any other provision of law but subject to4
subsection (7) of this section, by January 15 of each year, the commission5
shall certify in a report to the chairperson of the legislative council in6
summary form any additions or changes to elements of the state7
implementation plan
THAT INCLUDE ANY NEW REGULATORY8
REQUIREMENTS OR MODIFICATIONS TO EXISTING REGULATORY9
REQUIREMENTS adopted during the prior year that are to be submitted to10
the administrator for purposes of federal enforceability. Such
11
(b) T
HE report shall
MUST be written in plain, nontechnical12
language using words with common and everyday meaning that are13
understandable to the average reader. Copies of such report shall MUST be14
available to the public and shall be made available SUBMITTED to each15
member of the general assembly. The provisions of16
(c) This section shall DOES not apply to control measures and17
strategies that have been adopted and implemented by the enacting18
jurisdiction of a local unit of government if such THE measures and19
strategies do not result in mandatory direct costs upon any entity other20
than the enacting jurisdiction.21
(2) (a) By the February 15 following submission of the certified22
report under subsection (1) of this section, any member of the general23
assembly may make a request in writing to the chairperson of the24
legislative council that the legislative council hold a hearing or hearings25
to review any addition or change to elements of the SIP contained in the26
report submitted pursuant to subsection (1) of this section. Upon receipt27
193
-35- of such request, the chairperson of the legislative council shall forthwith1
schedule a hearing to conduct such review. Any review by the legislative2
council shall determine whether the addition or change to the SIP element3
accomplishes the results intended by enactment of the statutory provisions4
under which the addition or change to the SIP element was adopted. The5
legislative council, after allowing a public hearing preceded by adequate6
notice to the public and the commission, may recommend the introduction7
of a bill or bills based on the results of such review. If the legislative8
council does not recommend introduction of a bill under this subsection9
(2), the addition or change to the SIP element may be submitted under10
paragraph (b) of this subsection (2). Any bill recommended for11
consideration under this subsection (2) shall not be counted against the12
number of bills to which members of the general assembly are limited by13
law or joint rule of the senate and the house of representatives. If the14
legislative council does not recommend the introduction of a bill under15
this paragraph (a), and the member or members of the general assembly16
that requested such review will be introducing a bill under the provisions17
of paragraph (c) of this subsection (2), any such member shall provide18
written notice to the chairperson of the legislative council within three19
days after the action by the legislative council not to recommend20
introduction of a bill. If such member or members provide such written21
notice, the addition or change to the SIP or any element thereof that is the22
subject of any such bill may not be submitted to the administrator of the23
federal environmental protection agency until the expiration of the24
addition or change to the SIP has been postponed by the general assembly25
acting by bill or the member or members provide written notice to the26
chairperson of the executive committee of the legislative council that no27
193
-36- bill will be introduced.1
(b) Unless a written request for legislative council review of an2
addition or change to a SIP element is submitted by the February 153
following submission of the report under subsection (1) of this section,4
or a notice is provided by a member or members that they are introducing5
a bill under paragraph (c) of this subsection (2) within three days after6
legislative council action not to introduce a bill under paragraph (a) of7
this subsection (2), all other additions or changes to a SIP element8
described in such report shall be submitted to the administrator for final9
approval and incorporation into the SIP.10
(c) Until such February 15 as provided in paragraph (b) of this11
subsection (2), the commission may only submit an addition or change to12
the SIP or any element thereof, as defined in section 110 of the federal13
act, any rule which is a part thereof, or any revision thereto as specified14
in subsection (1) of this section to the administrator for conditional15
approval or temporary approval. If legislative council review is requested16
as to any addition or change to a SIP element under paragraph (a) of this17
subsection (2), then no such SIP, revision, rule required by the SIP or18
revision, or rule related to the implementation of the SIP or revision so19
submitted to the administrator may take effect for purposes of federal20
enforceability, or enforcement of any kind at the state level against any21
person or entity based only on the commission's general authority to adopt22
a SIP under section 25-7-105 (1), unless expiration of the SIP, rule23
required for the SIP, or addition or change to a SIP element has been24
postponed by the general assembly acting by bill in the same manner as25
provided in section 24-4-103 (8)(c) and (8)(d), C.R.S. Any member of the26
general assembly may introduce a bill to modify or delete all or a portion27
193
-37- of the SIP or any rule or additions or changes to SIP elements which are1
a component thereof. Any bill introduced under this paragraph (c) shall2
not be counted against the number of bills to which members of the3
general assembly are limited by law or joint rule of the senate and the4
house of representatives. Any committee of reference of the senate or the5
house of representatives to which a bill introduced under this paragraph6
(c) is referred shall conduct as part of consideration of any such bill on7
the merits the review provided for under paragraph (a) of this subsection8
(2). If any bill is introduced under paragraph (a) of this subsection (2) or9
under this paragraph (c) to postpone the expiration of any addition or10
change to a SIP element described in a report submitted under subsection11
(1) of this section, and any such bill does not become law, the addition or12
change to a SIP element addressed in such bill may be submitted to the13
administrator of the federal environmental protection agency for final14
approval and incorporation into the SIP under paragraph (b) of this15
subsection (2).16
(d) Repealed.17
(2.5) (a) U
NTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE18
CERTIFIED REPORT UNDER SUBSECTION (1) OF THIS SECTION, ANY19
ADDITION OR CHANGE TO THE SIP MUST NOT BE NOT SUBMITTED TO THE20
ADMINISTRATOR FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP,21
UNLESS THE ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR22
THE GOVERNOR'S DESIGNEE AS A PROVISIONAL SUBMISSION.23
(b) B
Y FEBRUARY 15 ANY MEMBER OF THE GENERAL ASSEMBLY24
MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE25
ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED26
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. ANY BILL INTRODUCED27
193
-38- UNDER THIS SUBSECTION (2.5)(b) DOES NOT COUNT AGAINST THE NUMBER1
OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY2
LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .3
D
URING THE PERIOD THAT ANY SUCH BILL INTRODUCED UNDER THIS4
SUBSECTION (2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES5
TO THE SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL6
APPROVAL AND INCORPORATION INTO THE SIP, UNLESS DESIGNATED BY7
THE GOVERNOR OR THE GOVERNOR 'S DESIGNEE AS A PROVISIONAL8
SUBMISSION.9
(c) I
F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS10
SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES11
TO THE SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE12
SIP
MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL13
AND INCORPORATION INTO THE SIP. IF THE BILL BECOMES LAW , THE14
COMMISSION SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO15
THE SIP AS DIRECTED BY THE BILL, AND ANY MODIFIED ADDITIONS OR16
CHANGES TO THE SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR17
FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP.18
(d) A
S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"19
MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .20
SECTION 9. In Colorado Revised Statutes, 25-7-133.5, amend21
(3) as follows:22
25-7-133.5. Approval or rescission of specific revisions to state23
implementation plan (SIP) after 1996. (3) Revisions to the SIP that are24
adopted solely to conform the SIP to prior actions of the general assembly25
under section 25-7-133 and this section may be submitted to the federal26
environmental protection agency for final approval under section
27
193
-39- 25-7-133 (2) SECTION 25-7-133 (2.5) without further approval by the1
general assembly under section 25-7-133 or this section.2
SECTION 10. Appropriation. (1) For the 2022-23 state fiscal3
year,$750,000 is appropriated to the department of personnel for use by4
the division of human resources. This appropriation is from the general5
fund. To implement this act, the division may use this appropriation for6
operating expenses related to employee benefits services.7
(2) For the 2022-23 state fiscal year, $7,000,000 is appropriated8
to the department of public health and environment for use by the air9
pollution control division. This appropriation is from the general fund.10
Any money appropriated in this subsection (2) that is not expended before11
July 1, 2023, is further appropriated to the department for the 2023-2412
and 2024-25 state fiscal years for the same purpose To implement this act,13
the division may use this appropriation as follows:14
(a) $6,909,275 for personal services related to administration,15
which amount is based on an assumption that the division will require an16
additional 1.5 FTE; and17
(b) $90,725 for the purchase of information technology services.18
(3) For the 2022-23 state fiscal year, $90,725 is appropriated to19
the office of the governor for use by the office of information technology.20
This appropriation is from reappropriated funds received from the21
department of public health and environment under subsection (2)(b) of22
this section. To implement this act, the office may use this appropriation23
to provide information technology services for the department of public24
health and environment.25
(4) For the 2022-23 state fiscal year, $15,000,000 is appropriated26
to the department of public health and environment for use by the air27
193
-40- pollution control division. This appropriation is from the diesel truck1
emissions reduction grant program cash fund created in section 25-7-14072
(1)(a), C.R.S. To implement this act, the department may use this3
appropriation as follows:4
(a) $986,013 for use by the division for personal services related5
to mobile sources, which amount is based on an assumption that the6
division will require an additional 5.0 FTE; and7
(b) $14,013,987 for use by the division for operating expenses8
related to mobile sources.9
(5) For the 2022-23 state fiscal year, $65,000,000 is appropriated10
to the department of public health and environment for use by the air11
pollution control division. This appropriation is from the electrifying12
school buses grant program cash fund created in section 25-7-1505 (1)(a),13
C.R.S. To implement this act, the department may use this appropriation14
as follows:15
(a) $986,013 for use by the division for personal services related16
to mobile sources, which amount is based on an assumption that the17
division will require an additional 5.0 FTE; and18
(b) $64,013,987 for use by the division for operating expenses19
related to mobile sources. 20
SECTION 11. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
193
-41-