Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0383.02 Jennifer Berman x3286
SENATE BILL 22-193
Senate Committees House Committees
Transportation & Energy Energy & Environment
Appropriations 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
HOUSE
3rd Reading Unamended
May 10, 2022
HOUSE
Amended 2nd Reading
May 5, 2022
SENATE
3rd Reading Unamended
April 18, 2022
SENATE
Amended 2nd Reading
April 14, 2022
SENATE SPONSORSHIP
Fenberg and Gonzales, Buckner, Danielson, Donovan, Fields, Ginal, Hansen, Jaquez
Lewis, Kolker, Lee, Pettersen, Story, Winter, Zenzinger
HOUSE SPONSORSHIP
Valdez A. and Froelich, Amabile, Bernett, Bird, Boesenecker, Cutter, Duran, Exum,
Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Ricks, Sirota, Sullivan, Titone,
Woodrow
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
and2
24-38.5-114 as 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. IF4
CLEAN HYDROGEN PROJECTS ARE PROPOSED TO RECEIVE GRANT MONEY,5
THE OFFICE SHALL PRIORITIZE GRANT APPLICATIONS FOR CLEAN6
HYDROGEN PROJECTS THAT UTILIZE GREEN HYDROGEN THROUGH7
ELECTROLYSIS POWERED ENTIRELY BY RENEWABLE ELECTRIC RESOURCES8
OVER GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS THAT9
UTILIZE ANY OTHER CLEAN HYDROGEN PRODUCTION TECHNOLOGY , WHICH10
OTHER CLEAN HYDROGEN PROJECTS , IF AWARDED GRANT MONEY, MUST11
COMPLY WITH SECTION 42 U.S.C. SEC. 16152 (1).12
(F) P
ROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL13
FACILITIES AND DIRECT AIR CAPTURE PROJECTS;
14
(G) M
ETHANE CAPTURE FROM LANDFILLS , SEWAGE TREATMENT
15
PLANTS, ACTIVE OR INACTIVE COAL MINES , OR AGRICULTURAL16
OPERATIONS;17
(H) P
ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION18
FUEL; AND19
(I) I
NDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;20
(III) D
EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT21
PROGRAM, WHICH CRITERIA MUST
INCLUDE GIVING PRIORITY FOR22
VOLUNTARY PROJECTS LOCATED IN :23
(A) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR24
(B) N
ONATTAINMENT AREAS ;25
(IV) E
STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY26
THAT AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT27
193
-8- PROGRAM;1
(V) D
ETERMINE HOW A GRANTEE MUST DEMONSTRATE THAT A2
VOLUNTARY PROJECT REDUCES EMISSIONS OF AIR POLLUTANTS AND OZONE
3
PRECURSORS, INCLUDING ANY MODELING REQUIREMENTS FOR PROJECT4
EVALUATION AND MONITORING AND TESTING REQUIREMENTS DURING5
PROJECT IMPLEMENTATION AND AFTER PROJECT COMPLETION ;6
(VI) R
EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A7
GRANTEE TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED8
IN COMPLIANCE WITH THE PURPOSES OF THIS SECTION ; AND9
(VII) E
STABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S10
NONCOMPLIANCE WITH THIS SECTION , INCLUDING PROCEDURES FOR11
REIMBURSEMENT OF MONEY AWARDED .12
(4) T
HE OFFICE MAY USE
UP TO NINE PERCENT OF THE MONEY IN13
THE FUND TO COVER:14
(a) T
HE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN15
ADMINISTERING THE GRANT PROGRAM ; AND16
(b) I
NTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT17
THAT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE18
DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN19
ADMINISTERING THE GRANT PROGRAM .20
(5) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND ON OR21
BEFORE JANUARY 1 OF EACH YEAR THEREAFTER , THE OFFICE SHALL22
PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM23
AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY24
AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND25
ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE OFFICE26
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE .27
193
-9- (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (5)(a) OF THIS2
SECTION CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO3
SUBSECTION (7) OF THIS SECTION.4
(6) Fund. (a) (I) T
HE INDUSTRIAL AND MANUFACTURING5
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE6
STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE7
PURPOSES OF THIS SECTION. THE FUND CONSISTS OF ANY MONEY THAT THE8
GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR9
IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR10
GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION11
(6)(a)(II)
OF THIS SECTION.12
(II) F
OR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,13
ACCEPT, AND EXPEND:14
(A) M
ONEY FROM FEDERAL SOURCES ; AND15
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC16
SOURCES.17
(III) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED18
PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION TO THE STATE19
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .20
(b) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO21
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION . THE STATE22
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE23
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY24
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT25
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT26
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE27
193
-10- FUND AT THE END OF THE 2027-28 STATE FISCAL YEAR TO THE GENERAL1
FUND.2
(c) (I) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER3
TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .4
(II) T
HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.5
(7) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,6
2029.7
24-38.5-114. Cannabis resource optimization cash fund -8
creation - gifts, grants, or donations - repeal. (1) THE CANNABIS9
RESOURCE OPTIMIZATION CASH FUND , REFERRED TO IN THIS SECTION AS10
THE "FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO11
ENERGY OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF12
PROVIDING ASSESSMENTS FINANCING, GRANTS, CREDIT ENHANCEMENT13
OFFERINGS, AND DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY14
AND WATER USE, PROMOTE RENEWABLE ENERGY, AND ENCOURAGE15
SUSTAINABLE PRACTICES IN CANNABIS OPERATIONS. THE FUND CONSISTS16
OF ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR17
APPROPRIATE TO THE FUND AND ANY GIFTS, GRANTS, OR DONATIONS18
RECEIVED PURSUANT TO SUBSECTION (3) OF THIS SECTION.19
(2) THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO20
THE COLORADO ENERGY OFFICE FOR THE PURPOSES SET FORTH IN21
SUBSECTION (1) OF THIS SECTION. THE STATE TREASURER SHALL CREDIT22
ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT23
OF MONEY IN THE FUND TO THE FUND. 24
(3) THE COLORADO ENERGY OFFICE MAY SEEK, ACCEPT, AND25
EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC26
SOURCES.27
193
-11- (4) (a) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER1
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL2
FUND TO THE FUND.3
(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2023.4
SECTION 2. In Colorado Revised Statutes, add part 4 to article5
38.5 of title 24 as follows:6
PART 47
COMMUNITY ACCESS TO8
ELECTRIC BICYCLES9
24-38.5-401. Legislative declaration. (1) T
HE GENERAL10
ASSEMBLY HEREBY FINDS AND DECLARES THAT :11
(a) T
RANSPORTATION IS THE LARGEST SINGLE SOURCE OF12
GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR13
CONTRIBUTING SOURCE OF OTHER FORMS OF POLLUTION , INCLUDING14
OZONE PRECURSORS, HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES,15
AND PARTICULATE POLLUTION ;16
(b) I
N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR17
VEHICLE TRIPS WERE SIX MILES OR LESS AND SEVENTY-FIVE PERCENT WERE18
TEN MILES OR LESS;19
(c) F
OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY20
BICYCLE, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;21
(d) E
LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC22
BICYCLES, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH23
MORE CHALLENGING TERRAIN , AND CARRY MORE CARGO;24
(e) A
WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,25
ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY26
AFFORDABLE;27
193
-12- (f) ELECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN1
IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE2
TRANSPORTATION SECTOR ; AND3
(g) I
T IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER4
OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE5
ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW - AND6
MODERATE-INCOME HOUSEHOLDS.7
24-38.5-402. Definitions. A
S USED IN THIS PART 4, UNLESS THE8
CONTEXT OTHERWISE REQUIRES :9
(1) "B
IKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:10
(a) A
RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT11
ON A SHORT-TERM BASIS; AND12
(b) M
AY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND13
DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND14
RETURNED AT A SINGLE LOCATION .15
(2) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE16
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).17
(3) "E
LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL18
ASSISTED BICYCLE" AS SET FORTH IN SECTION 42-1-102 (28.5).
"ELECTRIC19
BICYCLE" INCLUDES AN ELECTRIC ADAPTIVE BICYCLE .20
(4) "F
UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC21
BICYCLES CASH FUND CREATED IN SECTION 24-38.5-406 (1)(a).22
(5) "G
RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO23
ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION 24-38.5-403.24
(6) "L
OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE25
MUNICIPALITY, COUNTY, OR CITY AND COUNTY.26
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT27
193
-13- THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS1
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY2
STANDARD.3
(8) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN4
SECTION 24-38.5-101.5
(9) "O
WNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES6
ELECTRIC BICYCLES, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS7
IN LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE8
OFFICE.9
(10) "P
ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN10
OWNERSHIP PROGRAM.11
(11) "R
EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO12
ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION 24-38.5-404.13
24-38.5-403. Community access to electric bicycles grant14
program - creation - eligibility. (1) (a) (I) T
HE COMMUNITY ACCESS TO15
ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE16
SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL17
GOVERNMENTS, TRIBAL GOVERNMENTS,
OR NONPROFIT ORGANIZATIONS18
ADMINISTER OR PLAN TO ADMINISTER IN THE STATE . THE OFFICE SHALL19
ADMINISTER THE GRANT PROGRAM . TO BE ELIGIBLE TO APPLY FOR MONEY20
UNDER THE GRANT PROGRAM , A LOCAL GOVERNMENT , TRIBAL21
GOVERNMENT, OR NONPROFIT ORGANIZATION MUST ADMINISTER OR PLAN22
TO ADMINISTER, OR CONTRACT WITH A THIRD PARTY TO ADMINISTER :23
(A) A
BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC24
BICYCLES; OR25
(B) A
N OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO26
A SPECIFIC INDIVIDUAL OR HOUSEHOLD;27
193
-14- (II) A LOCAL GOVERNMENT, TRIBAL GOVERNMENT, OR NONPROFIT1
ORGANIZATION AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE2
THE MONEY TO PURCHASE AND MAINTAIN ELECTRIC BICYCLES ,3
EQUIPMENT, AND INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR4
OWNERSHIP PROGRAM, PAY LABOR COSTS RELATED TO IMPLEMENTATION5
OF THE PROGRAM, AND COVER THE DIRECT AND INDIRECT ADMINISTRATIVE6
COSTS THAT THE LOCAL GOVERNMENT , TRIBAL GOVERNMENT , THE7
NONPROFIT ORGANIZATION, OR A THIRD-PARTY CONTRACTOR INCURS IN8
IMPLEMENTING THE PROGRAM .9
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL10
ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS , TRIBAL
11
GOVERNMENTS, AND NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR12
MONEY UNDER THE GRANT PROGRAM . THE OFFICE SHALL POST13
INFORMATION ABOUT THE APPLICATION PROCESS ON ITS WEBSITE .14
(2) T
HE OFFICE SHALL DEVELOP:15
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA16
MUST
INCLUDE:17
(I) G
IVING PRIORITY TO LOCAL GOVERNMENTS , TRIBAL
18
GOVERNMENTS, AND NONPROFIT ORGANIZATIONS OFFERING A PROGRAM19
IN:20
(A) O
NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;21
OR22
(B) O
NE OR MORE NONATTAINMENT AREAS ;23
(II) A
REQUIREMENT THAT THE LOCAL GOVERNMENT OR24
NONPROFIT ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF25
MATCHING MONEY FOR THE PROGRAM ; AND26
(III) A
REQUIREMENT THAT A LOCAL GOVERNMENT , TRIBAL
27
193
-15- GOVERNMENT, OR NONPROFIT ORGANIZATION THAT APPLIES FOR GRANT1
MONEY FOR A PLANNED , BUT NOT YET IMPLEMENTED , PROGRAM2
DEMONSTRATE TO THE SATISFACTION OF THE OFFICE THAT THE LOCAL3
GOVERNMENT, TRIBAL GOVERNMENT , OR NONPROFIT ORGANIZATION ,4
AFTER RECEIVING MONEY UNDER THE GRANT PROGRAM , WILL BE ABLE TO5
START IMPLEMENTING THE PROGRAM WITHIN A CERTAIN NUMBER OF6
MONTHS AFTER RECEIVING THE MONEY , AS DETERMINED BY THE OFFICE;7
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO8
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE9
WITH THE PURPOSES OF THIS SECTION; AND10
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE11
WITH THIS SECTION, INCLUDING PROCEDURES FOR REIMBURSEMENT OF12
MONEY AWARDED .13
(3) T
HE OFFICE MAY USE
UP TO NINE PERCENT OF THE MONEY IN14
THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS15
IN ADMINISTERING THE GRANT PROGRAM .16
24-38.5-404. Community access to electric bicycles rebate17
program - eligibility - reimbursement. (1) T
HE OFFICE SHALL18
ESTABLISH THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE19
PROGRAM TO PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES20
AND EQUIPMENT
MADE BY ELIGIBLE INDIVIDUALS , BUSINESSES, AND21
NONPROFIT ORGANIZATIONS. IN ESTABLISHING THE REBATE PROGRAM , THE22
OFFICE SHALL DETERMINE:23
(a) E
LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM ,24
WHICH ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT :25
(I) A
N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR26
MODERATE-INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE27
193
-16- SHALL DETERMINE;1
(II) A
N ELIGIBLE BUSINESS OR NONPROFIT ORGANIZATION USES
2
ELECTRIC BICYCLES TO CONDUCT ITS BUSINESS ACTIVITIES ;3
(III) TO QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN4
ELECTRIC BICYCLE AND EQUIPMENT THAT:5
(A) A
RE
USED PRIMARILY FOR COMMUTING OR OTHER6
NONRECREATIONAL PURPOSE ; AND7
(B) C
OST
LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE8
OFFICE; AND9
(IV) T
O QUALIFY FOR A REBATE , A BUSINESS OR NONPROFIT
10
ORGANIZATION THAT PURCHASES AN ELECTRIC BICYCLE MUST USE THE11
ELECTRIC BICYCLE PRIMARILY TO CONDUCT ITS BUSINESS ACTIVITIES ,12
INCLUDING MAKING LAST -MILE DELIVERIES, AND FOR OTHER13
NONRECREATIONAL PURPOSES .14
(b) R
EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING15
REBATE AMOUNTS; AND16
(c) T
HE MECHANISM FOR ISSUING A REBATE , WHICH MECHANISM17
MAY INCLUDE:18
(I) A
REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST19
TO THEIR ELIGIBILITY FOR A REBATE; AND20
(II) V
ENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A21
QUALIFYING ELECTRIC BICYCLE AND EQUIPMENT
AT A DISCOUNT TO AN22
INDIVIDUAL, BUSINESS, OR NONPROFIT ORGANIZATION THAT IS ELIGIBLE TO23
PARTICIPATE UNDER THE REBATE PROGRAM .24
(2) T
HE OFFICE MAY USE
UP TO NINE PERCENT OF THE MONEY IN25
THE FUND TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN26
ADMINISTERING THE REBATE PROGRAM .27
193
-17- 24-38.5-405. Reporting. (1) O N OR BEFORE JANUARY 1, 2025,1
AND ON OR BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE2
SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT3
PROGRAM AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE4
HOUSE OF REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT5
COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE ,6
OR THEIR SUCCESSOR COMMITTEES . THE OFFICE SHALL POST A COPY OF7
EACH REPORT ON ITS WEBSITE.8
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE9
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION10
CONTINUE UNTIL THE GRANT PR OGRAM AND REBATE PROGRAM REPEAL11
PURSUANT TO SECTION 24-38.5-407.12
24-38.5-406. Community access to electric bicycles cash fund13
- creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
HE14
COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN15
THE STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR16
THE PURPOSES OF THIS PART 4. THE FUND CONSISTS OF ANY MONEY THAT17
THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND18
FOR IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE19
PROGRAM AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS20
RECEIVED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.21
(b) (I) F
OR THE PURPOSES OF THIS PART 4, THE OFFICE MAY SEEK,22
ACCEPT, AND EXPEND:23
(A) M
ONEY FROM FEDERAL SOURCES ; AND24
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC25
SOURCES.26
(II) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED27
193
-18- PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE1
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .2
(2) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
3
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS PART 4. THE STATE4
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE5
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY6
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT7
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT8
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE9
FUND AT THE END OF THE 2026-27 STATE FISCAL YEAR TO THE GENERAL10
FUND.11
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER12
TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .13
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.14
24-38.5-407. Repeal of part. T
HIS PART 4 IS REPEALED, EFFECTIVE15
S
EPTEMBER 1, 2028.16
SECTION 3. In Colorado Revised Statutes, add
part 14 to article17
7 of title 25 as follows:18
PART 1419
ELECTRIFYING SCHOOL BUSES20
GRANT PROGRAM21
25-7-1401. Legislative declaration. (1) T HE GENERAL ASSEMBLY22
FINDS THAT:23
(a) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ARE24
DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN25
OXIDES ARISING FROM FOSSIL-FUEL-POWERED SCHOOL BUSES, ESPECIALLY26
BECAUSE THE FLEET YARDS , WAREHOUSES, FUEL DEPOTS, AND27
193
-19- INTERSTATES USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN1
LOCATED IN DISPROPORTIONATELY IMPACTED COMMUNITIES ;2
(b) I
N ADDITION TO EXPOSURE TO PARTICULATE MATTER AND3
NITROGEN OXIDES IN THEIR COMMUNITIES , SCHOOL CHILDREN ARE ALSO4
EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF5
RIDING ON FOSSIL-FUEL-POWERED SCHOOL BUSES;6
(c) A
TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO7
ELECTRIC-POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL8
CHILDREN'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING9
POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED10
COMMUNITIES;11
(d) T
HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",12
P
UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO13
SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET , AND A STATE14
PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE15
THE FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO16
ALLOW SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS ; AND17
(e) A
TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE18
BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE :19
(I)
IF THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS20
MANAGED TO SUPPORT GRID OPERATIONS ; AND21
(II) T
HROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC22
SCHOOL BUSES:23
(A) A
S A SOURCE OF RENEWABLE ENERGY THROUGH24
VEHICLE-TO-GRID OPERATIONS; AND25
(B) A
S A COMMUNITY RESILIENCE RESOURCE TO HELP26
COMMUNITIES AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING27
193
-20- ELECTRIC GRID INTERRUPTIONS.1
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :2
(a) T
HE STATE SHOULD HELP SCHOOL DISTRICTS PROCURE
AND3
MAINTAIN ELECTRIC -POWERED SCHOOL BUSES AND RELATED4
INFRASTRUCTURE, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO5
ELECTRIC-POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED6
RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND7
(b) S
CHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO8
OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER9
FINANCE THE TRANSITION TO AN ELECTRIC-POWERED SCHOOL BUS FLEET.1025-7-1402. Definitions. AS USED IN THIS PART 14, UNLESS THE11
CONTEXT OTHERWISE REQUIRES :12
(1) "C
HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED13
PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER14
SCHOOL INSTITUTE ESTABLISHED PURSUANT TO SECTION 22-30.5-503, OR15
AN INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF16
ARTICLE 30.5 OF TITLE 22.17
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH18
AND ENVIRONMENT.19
(3) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE20
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).21
(4) "E
LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT22
IS POWERED SOLELY BY ELECTRICITY.23
(5) "F
OSSIL-FUEL-POWERED SCHOOL BUS" MEANS A SCHOOL BUS24
POWERED BY DIESEL FUEL OR GASOLINE .25
(6) "F
UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT26
PROGRAM CASH FUND CREATED IN SECTION
25-7-1405 (1)(a).27
193
-21- (7) "GRANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES1
GRANT PROGRAM CREATED IN SECTION 25-7-1403.2
(8) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT3
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS4
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD .5
(9) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN6
SECTION 24-38.5-101.7
(10) "S
CHOOL BUS":8
(a) H
AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND9
(b) I
NCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN,10
OR SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES11
AS PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF12
STUDENTS FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL -RELATED13
PROGRAMMING OR ACTIVITIES.14
(11) "S
CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED15
PURSUANT TO ARTICLE 30 OF TITLE 22. "SCHOOL DISTRICT" INCLUDES
16
SCHOOLS OPERATED BY TRIBAL GOVERNMENTS .17
25-7-1403. Electrifying school buses grant program - creation18
- eligibility. (1) (a) (I) T
HE ELECTRIFYING SCHOOL BUSES GRANT19
PROGRAM IS CREATED TO ALLOW A SCHOOL DISTRICT , CHARTER SCHOOL,
20
OR NONPROFIT PARTNER ACTING ON BEHALF OF A SCHOOL DISTRICT OR21
CHARTER SCHOOL TO APPLY TO THE DEPARTMENT FOR GRANT MONEY TO22
HELP FINANCE:23
(A) T
HE PROCUREMENT
AND MAINTENANCE OF24
ELECTRIC-POWERED SCHOOL BUSES , THE CONVERSION OF25
FOSSIL-FUEL-POWERED SCHOOL BUSES TO ELECTRIC -POWERED SCHOOL26
BUSES, CHARGING INFRASTRUCTURE , AND ELECTRICAL UPGRADES27
193
-22- NECESSARY TO SUPPORT CHARGING INFRASTRUCTURE ;1
(B) T
HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES;2
AND3
(C) T
HE SCHOOL DISTRICT 'S OR CHARTER SCHOOL 'S4
ADMINISTRATIVE COSTS ASSOCIATED WITH SUCH PROCUREMENTS ,
5
CONVERSIONS, MAINTENANCE, OR RETIREMENTS , INCLUDING ANY6
UP-FRONT ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND7
IMPLEMENTING A PROPOSAL FOR THE PROCUREMENTS , CONVERSIONS,8
MAINTENANCE, OR RETIREMENTS.9
(II) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,10
AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT11
PROGRAM AS NEEDED.
THE DEPARTMENT OF EDUCATION MAY PROVIDE UP12
TO ONE-HALF OF ONE FULL-TIME EQUIVALENT EMPLOYEE TO ASSIST WITH13
THE GRANT PROGRAM BY PROVIDING TECHNICAL ASSISTANCE TO SCHOOL14
DISTRICTS AND CHARTER SCHOOLS WITH RESPECT TO APPLYING FOR GRANT15
MONEY AND IMPLEMENTING PROJECTS AWARDED GRANT MONEY .16
(b) T
HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS17
FOR SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NONPROFIT PARTNERS
18
ACTING ON BEHALF OF SCHOOL DISTRICTS OR CHARTER SCHOOLS TO APPLY19
FOR MONEY UNDER THE GRANT PROGRAM AND :20
(I) P
OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION21
PROCESS, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT22
DEVELOPS FOR THE GRANT PROGRAM , ON ITS WEBSITE; AND23
(II) S
HARE THE GRANT PROGRAM APPLICATION PROCESS24
INFORMATION WITH THE DEPARTMENT OF EDUCATION , WHICH25
DEPARTMENT SHALL POST THE INFORMATION ON ITS WEBSITE .26
(2) T
HE DEPARTMENT SHALL DEVELOP :27
193
-23- (a) CRITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA1
MUST INCLUDE:2
(I) G
IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER3
SCHOOLS:4
(A) L
OCATED IN OR ATTENDED BY STUDENTS LIVING IN5
DISPROPORTIONATELY IMPACTED COMMUNITIES ;6
(B) L
OCATED IN NONATTAINMENT AREAS ; OR7
(C) A
T WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS8
DETERMINED BY THE DEPARTMENT , RECEIVE FREE OR REDUCED-PRICE9
LUNCHES UNDER A SCHOOL LUNCH PROGRAM ; AND10
(II) A
REQUIREMENT THAT, AS A CONDITION OF RECEIVING A11
GRANT AWARD, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN12
PERCENTAGE OF THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES, RETIRE OR13
CONVERT THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES IN A CERTAIN14
MANNER, OR BOTH;15
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO16
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE17
WITH THIS
PART 14; AND18
(c) P
ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE19
WITH THIS
PART 14, INCLUDING PROCEDURES FOR REIMBURSEMENT OF20
MONEY AWARDED .21
(3) T
HE DEPARTMENT MAY USE
UP TO EIGHT PERCENT OF THE22
MONEY IN THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE23
DEPARTMENT INCURS IN ADMINISTERING THE GRANT PROGRAM .24
25-7-1404. Reporting. (1) O N OR BEFORE JANUARY 1, 2025, AND25
ON OR BEFORE JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER ,26
THE DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS27
193
-24- OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF1
REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND2
ENVIRONMENT COMMITTEE AND THE SENATE EDUCATION COMMITTEE AND3
TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR4
COMMITTEES. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON5
ITS WEBSITE.6
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE7
REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION8
CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION925-7-1406.10
25-7-1405. Electrifying school buses grant program cash fund11
- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
HE12
ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN13
THE STATE TREASURY, AND THE DEPARTMENT SHALL ADMINISTER THE14
FUND FOR THE PURPOSES OF THIS
PART 14. THE FUND CONSISTS OF ANY15
MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE16
TO THE FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY17
FEDERAL MONEY OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT18
TO SUBSECTION (1)(b) OF THIS SECTION.19
(b) (I) F
OR THE PURPOSES OF THIS
PART 14, THE DEPARTMENT MAY20
SEEK, ACCEPT, AND EXPEND:21
(A) M
ONEY FROM FEDERAL SOURCES ; AND22
(B) G
IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC23
SOURCES.24
(II) T
HE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED25
PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE26
TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .27
193
-25- (2) THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO1
THE DEPARTMENT, AND THE DEPARTMENT MAY EXPEND MONEY IN THE2
FUND FOR THE PURPOSES SET FORTH IN THIS PART 14. THE STATE3
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE4
DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO THE FUND . ANY5
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT6
THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT7
THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE8
FUND AT THE END OF THE 2032-33 STATE FISCAL YEAR TO THE GENERAL9
FUND.10
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER11
SIXTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .12
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.13
25-7-1406. Repeal of part. THIS PART 14 IS REPEALED, EFFECTIVE14
S
EPTEMBER 1, 2034.15
SECTION 4. In Colorado Revised Statutes, 25-7-103, amend16
(12), (15), and (22) as follows:17
25-7-103. Definitions. As used in this article 7, unless the context18
otherwise requires:19
(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C.20
sec. 7401 et seq., (1970), as the same is in effect on November 15, 1990,
21
AS AMENDED.22
(15) "Issue" or "issuance" means the mailing,
INCLUDING BY23
ELECTRONIC MAIL, of any order, permit, determination, or notice, other24
than notice by publication, by certified mail to the last address furnished
25
to the agency by the person subject thereto or personal service on such26
THE person. and The date of issuance of such THE order, permit,27
193
-26- determination, or notice shall MUST be the date of such THE mailing or1
service or such later date as is stated in the order, permit, determination,2
or notice.3
(22) "State implementation plan"
OR "SIP" means the
A plan4
required by and described in section 110(a) SECTION 110 (a) OR 169A of5
the federal act.6
SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend7
(1)(m), (4)(a), and (4)(e) introductory portion; and add (3)(c)(VIII) as8
follows:9
25-7-103.5. Air quality enterprise - legislative declaration -10
fund - definitions - gifts, grants, or donations - rules - report - repeal.11
(1) Legislative declaration. The general assembly hereby finds and12
declares that:13
(m) So long as the enterprise qualifies as an enterprise for14
purposes of section 20 of article X of the state constitution, the revenue15
from the fees collected by the enterprise UNDER SUBSECTION (4) OF THIS16
SECTION is not state fiscal year spending, as defined in section 24-77-10217
(17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does18
not count against either the state fiscal year spending limit imposed by19
section 20 of article X of the state constitution or the excess state20
revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D) SECTION21
24-77-103.6 (6)(b).22
(3) Enterprise. (c) In addition to any other powers and duties23
specified in this section, the enterprise's powers and duties are to:24
(VIII) RECEIVE PAYMENTS TO FINANCE SPECIFIC PROJECTS,25
INCLUDING COMMUNITY-BASED MONITORING OR EMISSION MITIGATION26
PROJECTS IN THE STATE OR IN A SPECIFIED AREA OF THE STATE , AS27
193
-27- DIRECTED BY THIS ARTICLE 7 OR ANY PROGRAM THAT THE COMMISSION1
ESTABLISHES BY RULE PURSUANT TO THIS ARTICLE 7.2
(4) Fund - enterprise fees and other revenue. (a) There is3
hereby created in the state treasury the air quality enterprise cash fund.4
The fund consists of money credited to the fund pursuant to this5
subsection (4), PAYMENTS FOR OTHER PURPOSES AS AUTHORIZED UNDER6
SUBSECTION (3)(c)(VIII) OF THIS SECTION, and any other money that the7
general assembly may appropriate or transfer to the fund. The state8
treasurer shall credit all interest and income derived from the deposit and9
investment of money in the fund to the fund.10
(e) Before establishing fees, the board shall conduct a stakeholder11
process to solicit input from potential fee payers and other stakeholders12
on the appropriate fee structure. The enterprise shall not collect any fees13
before July 1, 2021. The amount of enterprise fees collected
UNDER14
SUBSECTION (4)(b)(I) OF THIS SECTION is limited as follows:15
SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend16
(4) as follows:17
25-7-114.1. Air pollutant emission notices - rules. (4) Each18
such
notice shall REQUIRED BY THIS SECTION MUST specify the location at19
which the proposed emission will occur; the name and address of the20
person operating or owning such THE facility, process, or activity; the21
nature of such THE facility, process, or activity; and an estimate of the22
quantity and composition of the expected emission. The division shall23
make available at all air pollution control authority offices PROVIDE24
appropriate forms on which the information required by this section shall25
MUST be furnished.26
SECTION 7. In Colorado Revised Statutes, 25-7-114.5, amend27
193
-28- (7)(b) and (16) as follows:1
25-7-114.5. Application review - public participation.2
(7) (b) Failure of the division or commission, as the case may be, to grant3
or deny the permit application or permit renewal application within the4
time prescribed shall be treated as a final permit action for purposes of5
obtaining judicial review in the district court in which the source is6
located, to require that action be taken on such application by the7
commission or division, as appropriate, without additional delay.8
NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, JUDICIAL9
REVIEW OF THE DIVISION'S FAILURE TO GRANT OR DENY A RENEWABLE10
OPERATING PERMIT REQUIRED BY TITLE V OF THE FEDERAL ACT IS11
AVAILABLE UNTIL THE DIVISION GRANTS OR DENIES THE PERMIT .12
(16) (a) If the division experiences a backlog in processing air13
quality permit applications caused by an occasional need that is seasonal,14
irregular, or fluctuating in nature, and the department determines or15
reasonably expects that, as a result, permits would not be issued within16
statutory time frames, the division shall make available to sources that are17
not subject to permitting under part C of the federal act the option to have18
the PERMIT APPLICATION, THE air quality modeling, OR BOTH that is19
submitted with the applicant's air permit application reviewed for20
acceptance as demonstrating compliance by a contract consultant selected21
by the division in lieu of the review being conducted by division staff.22
THE DIVISION MAY ALSO ENTER INTO CONTRACTS TO SUPPORT THE23
DIVISION'S AIR QUALITY PERMIT PROGRAMS, INCLUDING THE DIVISION'S24
GENERAL PERMIT PROGRAM , AND MODELING TO SUPPORT THE AIR QUALITY25
PERMIT PROGRAMS.26
(b) The division shall select and contract with QUALIFIED27
193
-29- nongovernmental air quality CONSULTANTS, modeling engineers EXPERTS,1
OR BOTH to perform PERMIT APPLICATION REVIEWS, air quality modeling2
reviews, of applicants who choose contract consultant review of their air3
quality permit modeling OR OTHER WORK TO SUPPORT THE DIVISION'S AIR4
QUALITY PERMIT PROGRAMS. The division is not subject to the5
requirements of the "Procurement Code", articles 101 to 112 of title 24,6
C.R.S., in selecting and contracting with the consultants, MODELING7
EXPERTS, OR BOTH. The division shall review and exclude from8
consideration as a contract air quality modeling consultant any contractors9
with a conflict of interest regarding air quality permit applications OR10
MODELING. Applicants that choose consultant review of their air quality11
PERMIT APPLICATIONS OR modeling are responsible for both the12
consultant's costs associated with the air modeling review as well as the13
division's costs associated with the review and determination of the air14
permit application, to be paid to the division. The division shall transfer15
the money to the state treasurer, who shall credit it to the stationary16
sources control fund created in section 25-7-114.7 (2)(b)(I).17
(c) The division shall use the results of the modeling conducted18
pursuant to paragraph (b) of this subsection (16) SUBSECTION (16)(a) OR19
(16)(b) OF THIS SECTION for purposes of the division's permit PROGRAM20
AND application analysis.21
SECTION 8. In Colorado Revised Statutes, 25-7-119, amend (1)22
as follows:23
25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY24
calendar days after a hearing has been requested as provided in this article25
ARTICLE 7, the commission shall grant MUST ACT UPON such request. and26
I
F GRANTED, THE COMMISSION SHALL set a time and place therefor
FOR27
193
-30- THE HEARING not more than ninety calendar days following THE FIRST1
REGULARLY SCHEDULED COMMISSION MEETING AFTER receipt of such THE2
HEARING request, unless a shorter period is otherwise specifically3
provided for in this article ARTICLE 7. Notice of such THE hearing shall4
MUST be printed in a newspaper of general circulation in the area in which5
the proposed project or activity is located at least thirty days prior to the6
date of said THE hearing.7
SECTION 9. In Colorado Revised Statutes, 25-7-133, amend (1);8
repeal (2); and add (2.5) as follows:9
25-7-133. Legislative review and approval of state10
implementation plans and rules - legislative declaration - definition.11
(1) (a) Notwithstanding any other provision of law but subject to12
subsection (7) of this section, by January 15 of each year, the commission13
shall certify in a report to the chairperson of the legislative council in14
summary form any additions or changes to elements of the state15
implementation plan
THAT INCLUDE ANY NEW REGULATORY16
REQUIREMENTS OR MODIFICATIONS TO EXISTING REGULATORY17
REQUIREMENTS adopted during the prior year that are to be submitted to18
the administrator for purposes of federal enforceability. Such
19
(b) T
HE report shall
MUST be written in plain, nontechnical20
language using words with common and everyday meaning that are21
understandable to the average reader. Copies of such report shall MUST be22
available to the public and shall be made available SUBMITTED to each23
member of the general assembly. The provisions of24
(c) This section shall DOES not apply to control measures and25
strategies that have been adopted and implemented by the enacting26
jurisdiction of a local unit of government if such THE measures and27
193
-31- strategies do not result in mandatory direct costs upon any entity other1
than the enacting jurisdiction.2
(2) (a) By the February 15 following submission of the certified3
report under subsection (1) of this section, any member of the general4
assembly may make a request in writing to the chairperson of the5
legislative council that the legislative council hold a hearing or hearings6
to review any addition or change to elements of the SIP contained in the7
report submitted pursuant to subsection (1) of this section. Upon receipt8
of such request, the chairperson of the legislative council shall forthwith9
schedule a hearing to conduct such review. Any review by the legislative10
council shall determine whether the addition or change to the SIP element11
accomplishes the results intended by enactment of the statutory provisions12
under which the addition or change to the SIP element was adopted. The13
legislative council, after allowing a public hearing preceded by adequate14
notice to the public and the commission, may recommend the introduction15
of a bill or bills based on the results of such review. If the legislative16
council does not recommend introduction of a bill under this subsection17
(2), the addition or change to the SIP element may be submitted under18
paragraph (b) of this subsection (2). Any bill recommended for19
consideration under this subsection (2) shall not be counted against the20
number of bills to which members of the general assembly are limited by21
law or joint rule of the senate and the house of representatives. If the22
legislative council does not recommend the introduction of a bill under23
this paragraph (a), and the member or members of the general assembly24
that requested such review will be introducing a bill under the provisions25
of paragraph (c) of this subsection (2), any such member shall provide26
written notice to the chairperson of the legislative council within three27
193
-32- days after the action by the legislative council not to recommend1
introduction of a bill. If such member or members provide such written2
notice, the addition or change to the SIP or any element thereof that is the3
subject of any such bill may not be submitted to the administrator of the4
federal environmental protection agency until the expiration of the5
addition or change to the SIP has been postponed by the general assembly6
acting by bill or the member or members provide written notice to the7
chairperson of the executive committee of the legislative council that no8
bill will be introduced.9
(b) Unless a written request for legislative council review of an10
addition or change to a SIP element is submitted by the February 1511
following submission of the report under subsection (1) of this section,12
or a notice is provided by a member or members that they are introducing13
a bill under paragraph (c) of this subsection (2) within three days after14
legislative council action not to introduce a bill under paragraph (a) of15
this subsection (2), all other additions or changes to a SIP element16
described in such report shall be submitted to the administrator for final17
approval and incorporation into the SIP.18
(c) Until such February 15 as provided in paragraph (b) of this19
subsection (2), the commission may only submit an addition or change to20
the SIP or any element thereof, as defined in section 110 of the federal21
act, any rule which is a part thereof, or any revision thereto as specified22
in subsection (1) of this section to the administrator for conditional23
approval or temporary approval. If legislative council review is requested24
as to any addition or change to a SIP element under paragraph (a) of this25
subsection (2), then no such SIP, revision, rule required by the SIP or26
revision, or rule related to the implementation of the SIP or revision so27
193
-33- submitted to the administrator may take effect for purposes of federal1
enforceability, or enforcement of any kind at the state level against any2
person or entity based only on the commission's general authority to adopt3
a SIP under section 25-7-105 (1), unless expiration of the SIP, rule4
required for the SIP, or addition or change to a SIP element has been5
postponed by the general assembly acting by bill in the same manner as6
provided in section 24-4-103 (8)(c) and (8)(d), C.R.S. Any member of the7
general assembly may introduce a bill to modify or delete all or a portion8
of the SIP or any rule or additions or changes to SIP elements which are9
a component thereof. Any bill introduced under this paragraph (c) shall10
not be counted against the number of bills to which members of the11
general assembly are limited by law or joint rule of the senate and the12
house of representatives. Any committee of reference of the senate or the13
house of representatives to which a bill introduced under this paragraph14
(c) is referred shall conduct as part of consideration of any such bill on15
the merits the review provided for under paragraph (a) of this subsection16
(2). If any bill is introduced under paragraph (a) of this subsection (2) or17
under this paragraph (c) to postpone the expiration of any addition or18
change to a SIP element described in a report submitted under subsection19
(1) of this section, and any such bill does not become law, the addition or20
change to a SIP element addressed in such bill may be submitted to the21
administrator of the federal environmental protection agency for final22
approval and incorporation into the SIP under paragraph (b) of this23
subsection (2).24
(d) Repealed.25
(2.5) (a) U
NTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE26
CERTIFIED REPORT UNDER SUBSECTION (1) OF THIS SECTION, ANY27
193
-34- ADDITION OR CHANGE TO THE SIP MUST NOT BE SUBMITTED TO THE1
ADMINISTRATOR FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP,2
UNLESS THE ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR3
THE GOVERNOR'S DESIGNEE AS A PROVISIONAL SUBMISSION.4
(b) B
Y FEBRUARY 15 ANY MEMBER OF THE GENERAL ASSEMBLY5
MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE6
ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED7
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. ANY BILL INTRODUCED8
UNDER THIS SUBSECTION (2.5)(b) DOES NOT COUNT AGAINST THE NUMBER9
OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY10
LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .11
D
URING THE PERIOD THAT ANY SUCH BILL INTR ODUCED UNDER THIS12
SUBSECTION (2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES13
TO THE SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL14
APPROVAL AND INCORPORATION INTO THE SIP, UNLESS DESIGNATED BY15
THE GOVERNOR OR THE GOVERNOR 'S DESIGNEE AS A PROVISIONAL16
SUBMISSION.17
(c) I
F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS18
SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES19
TO THE SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE20
SIP
MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL21
AND INCORPORATION INTO THE SIP. IF THE BILL BECOMES LAW , THE22
COMMISSION SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO23
THE SIP AS DIRECTED BY THE BILL, AND ANY MODIFIED ADDITIONS OR24
CHANGES TO THE SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR25
FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP.26
(d) A
S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"27
193
-35- MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .1
SECTION 10. In Colorado Revised Statutes, 25-7-133.5, amend2
(3) as follows:3
25-7-133.5. Approval or rescission of specific revisions to state4
implementation plan (SIP) after 1996. (3) Revisions to the SIP that are5
adopted solely to conform the SIP to prior actions of the general assembly6
under section 25-7-133 and this section may be submitted to the federal7
environmental protection agency for final approval under section8
25-7-133 (2) SECTION 25-7-133 (2.5) without further approval by the9
general assembly under section 25-7-133 or this section.10
SECTION 11. Appropriation. (1) For the 2022-23 state fiscal11
year,$750,000 is appropriated to the department of personnel for use by12
the division of human resources. This appropriation is from the general13
fund. To implement this act, the division may use this appropriation for14
operating expenses related to employee benefits services.15
(2) For the 2022-23 state fiscal year, $7,000,000 is appropriated16
to the department of public health and environment for use by the air17
pollution control division. This appropriation is from the general fund.18
Any money appropriated in this subsection (2) that is not expended before19
July 1, 2023, is further appropriated to the department for the 2023-2420
and 2024-25 state fiscal years for the same purpose To implement this act,21
the division may use this appropriation as follows:22
(a) $6,909,275 for personal services related to administration,23
which amount is based on an assumption that the division will require an24
additional 1.5 FTE; and25
(b) $90,725 for the purchase of information technology services.26
(3) For the 2022-23 state fiscal year, $90,725 is appropriated to27
193
-36- the office of the governor for use by the office of information technology.1
This appropriation is from reappropriated funds received from the2
department of public health and environment under subsection (2)(b) of3
this section. To implement this act, the office may use this appropriation4
to provide information technology services for the department of public5
health and environment.6
(4) For the 2022-23 state fiscal year, $44,365 is appropriated to7
the department of education for use by assistance to pubic schools. This8
appropriation is from reappropriated funds received from the department9
of public health and environment from the electrifying school buses grant10
program cash fund created in section 25-7-1505 (1)(a), C.R.S. To11
implement this act, the department may use this appropriation for public12
school transportation.13
SECTION 12. Appropriation - adjustments to 2022 long bill.14
To implement this act, the general fund appropriation made in the annual15
general appropriation act for the 2022-23 state fiscal year to the office of16
the governor for use by the Colorado energy office for the cannabis17
resource optimization program is decreased by $1,500,000.18
SECTION 13. Safety clause. The general assembly hereby finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety.21
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