SENATE BILL 22-193
BY SENATOR(S) Fenberg and Gonzales, Buckner, Danielson, Donovan,
Fields, Ginal, Hansen, Jaquez Lewis, Kolker, Lee, Pettersen, Story, Winter,
Zenzinger;
also REPRESENTATIVE(S) Valdez A. and Froelich, Amabile, Bernett,
Bird, Boesenecker, Cutter, Duran, Exum, Herod, Hooton, Jodeh, Kipp,
Lindsay, Lontine, McCluskie, Ricks, Sirota, Sullivan, Titone, Woodrow.
C
ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-38.5-116 and
24-38.5-117 as follows:
24-38.5-116. Industrial and manufacturing operations clean air
grant program - creation - eligibility - fund created - gifts, grants, or
donations - transfer - legislative declaration - definitions - reporting -
repeal. (1) Legislative declaration. T
HE GENERAL ASSEMBLY HEREBY
FINDS AND DECLARES THAT
:
(a) T
HE INDUSTRIAL AND MANUFACTURING SECTOR IS ONE OF THE
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. FIVE LARGEST SOURCES OF GREENHOUSE GAS POLLUTION IN THE STATE ;
(b) I
NDUSTRIAL EMISSIONS OFTEN:
(I) D
ISPROPORTIONATELY IMPACT LOW -INCOME, MINORITY, OR
HOUSING COST
-BURDENED COMMUNITIES IN THE STATE ; AND
(II) CONTAIN HAZARDOUS AIR POLLUTANTS THAT CAUSE OR
EXACERBATE EXISTING HEALTH CONDITIONS
, WHICH, IN TURN, CONTRIBUTE
FURTHER TO THE EXISTING ECONOMIC DISPARITY BETWEEN THE
DISPROPORTIONATELY IMPACTED COMMUNITIES AND OTHER COMMUNITIES
OF THE STATE
; AND
(c) WHILE STATE AND FEDERAL REGULATION OF INDUSTRIAL AIR
POLLUTION
, INCLUDING POLLUTION FROM GREENHOUSE GASES , IS ESSENTIAL
FOR PUBLIC HEALTH AND FOR ACHIEVING STATE CLIMATE GOALS AND
ADDRESSING OZONE NONATTAINMENT
, VOLUNTARY ACTIONS ARE NEEDED
TO ACHIEVE FURTHER REDUCTIONS IN INDUSTRIAL POLLUTION
.
(2) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "A
IR POLLUTANT":
(I) H
AS THE MEANING SET FORTH IN SECTION 25-7-103 (1.5); AND
(II) INCLUDES AIR TOXICS, PARTICULATES, OZONE PRECURSORS, AND
GREENHOUSE GASES
.
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(c) "F
UND" MEANS THE INDUSTRIAL AND MANUFACTURING
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND CREATED IN
SUBSECTION
(6) OF THIS SECTION.
(d) "G
RANT PROGRAM " MEANS THE INDUSTRIAL AND
MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN
SUBSECTION
(3)(a) OF THIS SECTION.
PAGE 2-SENATE BILL 22-193 (e) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION
2-2-322.3 (1)(a).
(f) (I) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " MEANS
COMMERCIAL ACTIVITIES IN WHICH AIR POLLUTANTS ARE EMITTED DURING
OR AS A RESULT OF THE ACTIVITIES
.
(II) "I
NDUSTRIAL AND MANUFACTURING OPERATIONS " INCLUDES,
BUT IS NOT LIMITED TO, OPERATIONS:
(A) B
Y ENERGY PRODUCERS, REFINERIES, MEAT PACKING PLANTS,
DAIRIES, STEEL MILLS, CEMENT PLANTS, MANUFACTURING OPERATIONS ,
MINING OPERATIONS, AND AIRLINE OPERATIONS; AND
(B) AT AIRPORTS, WASTEWATER TREATMENT PLANTS , LANDFILLS,
AND ABANDONED COAL MINES .
(g) "L
OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
MUNICIPALITY
, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT.
(h) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY
STANDARD
.
(i) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101.
(j) "P
UBLIC-PRIVATE PARTNERSHIP" MEANS A PARTNERSHIP BETWEEN
A LOCAL GOVERNMENT AND A PRIVATE ENTITY THAT ENGAGES IN
INDUSTRIAL AND MANUFACTURING OPERATIONS
.
(k) "S
PECIAL DISTRICT" MEANS ANY QUASI-MUNICIPAL CORPORATION
AND POLITICAL SUBDIVISION ORGANIZED OR ACTING PURSUANT TO TITLE
32,
INCLUDING A METROPOLITAN DISTRICT AND A WATER AND SANITATION
DISTRICT
.
(l) "V
OLUNTARY PROJECT" MEANS A PROJECT THAT A PRIVATE
ENTITY
, LOCAL GOVERNMENT , OR PUBLIC-PRIVATE PARTNERSHIP
IMPLEMENTS OR PLANS TO IMPLEMENT ON A VOLUNTARY BASIS TO REDUCE
PAGE 3-SENATE BILL 22-193 EMISSIONS OF HARMFUL AIR POLLUTANTS RESULTING FROM INDUSTRIAL AND
MANUFACTURING OPERATIONS
.
(3) Grant program. (a) T
HE INDUSTRIAL AND MANUFACTURING
OPERATIONS CLEAN AIR GRANT PROGRAM IS CREATED TO ALLOW PRIVATE
ENTITIES
, LOCAL GOVERNMENTS , AND PUBLIC-PRIVATE PARTNERSHIPS TO
APPLY TO THE OFFICE FOR GRANT MONEY TO HELP FINANCE VOLUNTARY
PROJECTS TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM INDUSTRIAL AND
MANUFACTURING OPERATIONS
. THE OFFICE SHALL ADMINISTER THE GRANT
PROGRAM
.
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL:
(I) E
STABLISH AN APPLICATION PROCESS FOR PRIVATE ENTITIES ,
LOCAL GOVERNMENTS , TRIBAL GOVERNMENTS , AND PUBLIC-PRIVATE
PARTNERSHIPS TO APPLY FOR MONEY TO HELP FINANCE VOLUNTARY
PROJECTS AND POST INFORMATION ABOUT THE APPLICATION PROCESS ON THE
OFFICE
'S WEBSITE;
(II) D
ETERMINE TYPES OF VOLUNTARY PROJECTS THAT ARE ELIGIBLE
FOR MONEY UNDER THE GRANT PROGRAM
, WHICH TYPES OF VOLUNTARY
PROJECTS MAY INCLUDE
:
(A) E
NERGY EFFICIENCY PROJECTS;
(B) R
ENEWABLE ENERGY PROJECTS ;
(C) B
ENEFICIAL ELECTRIFICATION PROJECTS;
(D) T
RANSPORTATION ELECTRIFICATION PROJECTS ;
(E) P
ROJECTS PRODUCING OR UTILIZING CLEAN HYDROGEN . IF CLEAN
HYDROGEN PROJECTS ARE PROPOSED TO RECEIVE GRANT MONEY
, THE OFFICE
SHALL PRIORITIZE GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS
THAT UTILIZE GREEN HYDROGEN THROUGH ELECTROLYSIS POWERED
ENTIRELY BY RENEWABLE ELECTRIC RESOURCES OVER GRANT APPLICATIONS
FOR CLEAN HYDROGEN PROJECTS THAT UTILIZE ANY OTHER CLEAN
HYDROGEN PRODUCTION TECHNOLOGY
, WHICH OTHER CLEAN HYDROGEN
PROJECTS
, IF AWARDED GRANT MONEY , MUST COMPLY WITH SECTION 42
U.S.C.
SEC. 16152 (1).
PAGE 4-SENATE BILL 22-193 (F) PROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL
FACILITIES AND DIRECT AIR CAPTURE PROJECTS
;
(G) M
ETHANE CAPTURE FROM LANDFILLS , SEWAGE TREATMENT
PLANTS
, ACTIVE OR INACTIVE COAL MINES, OR AGRICULTURAL OPERATIONS;
(H) P
ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION
FUEL
; AND
(I) INDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;
(III) D
EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT
PROGRAM
, WHICH CRITERIA MUST INCLUDE GIVING PRIORITY FOR
VOLUNTARY PROJECTS LOCATED IN
:
(A) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR
(B) NONATTAINMENT AREAS ;
(IV) E
STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY THAT
AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT
PROGRAM
;
(V) D
ETERMINE HOW A GRANTEE MUST DEMONSTRATE THAT A
VOLUNTARY PROJECT REDUCES EMISSIONS OF AIR POLLUTANTS AND OZONE
PRECURSORS
, INCLUDING ANY MODELING REQUIREMENTS FOR PROJECT
EVALUATION AND MONITORING AND TESTING REQUIREMENTS DURING
PROJECT IMPLEMENTATION AND AFTER PROJECT COMPLETION
;
(VI) R
EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A GRANTEE
TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN
COMPLIANCE WITH THE PURPOSES OF THIS SECTION
; AND
(VII) ESTABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S
NONCOMPLIANCE WITH THIS SECTION
, INCLUDING PROCEDURES FOR
REIMBURSEMENT OF MONEY AWARDED
.
(4) T
HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
FUND TO COVER
:
PAGE 5-SENATE BILL 22-193 (a) THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN
ADMINISTERING THE GRANT PROGRAM
; AND
(b) INTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT THAT
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE
DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN
ADMINISTERING THE GRANT PROGRAM
.
(5) Reporting. (a) O
N OR BEFORE JANUARY 1, 2025, AND ON OR
BEFORE
JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE SHALL PREPARE
A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM AND
SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND
ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES. THE OFFICE SHALL POST A
COPY OF EACH REPORT ON ITS WEBSITE
.
(b) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENTS SET FORTH IN SUBSECTION
(5)(a) OF THIS SECTION CONTINUE
UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SUBSECTION
(7) OF THIS
SECTION
.
(6) Fund. (a) (I) T
HE INDUSTRIAL AND M ANUFACTURING
OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE
STATE TREASURY
, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE
PURPOSES OF THIS SECTION
. THE FUND CONSISTS OF ANY MONEY THAT THE
GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR
IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR
GIFTS
, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION
(6)(a)(II) OF THIS SECTION.
(II) F
OR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,
ACCEPT, AND EXPEND:
(A) M
ONEY FROM FEDERAL SOURCES ; AND
(B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
SOURCES
.
(III) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED PURSUANT
TO SUBSECTION
(6)(a)(II) OF THIS SECTION TO THE STATE TREASURER, WHO
PAGE 6-SENATE BILL 22-193 SHALL CREDIT THE MONEY TO THE FUND .
(b) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION
. THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND
. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF A STATE FISCAL YEAR REMAINS IN THE FUND
; EXCEPT THAT THE
STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE FUND
AT THE END OF THE
2027-28 STATE FISCAL YEAR TO THE GENERAL FUND .
(c) (I) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
TWENTY
-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
(II) T
HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.
(7) Repeal. T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,
2029.
24-38.5-117. Cannabis resource optimization cash fund -
creation - gifts, grants, or donations - repeal. (1) T
HE CANNABIS
RESOURCE OPTIMIZATION CASH FUND
, REFERRED TO IN THIS SECTION AS THE
"FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO ENERGY
OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF PROVIDING
ASSESSMENTS FINANCING
, GRANTS, CREDIT ENHANCEMENT OFFERINGS , AND
DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY AND WATER USE
,
PROMOTE RENEWABLE ENERGY , AND ENCOURAGE SUSTAINABLE PRACTICES
IN CANNABIS OPERATIONS
. THE FUND CONSISTS OF ANY MONEY THAT THE
GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND ANY
GIFTS
, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION (3) OF
THIS SECTION
.
(2) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
THE
COLORADO ENERGY OFFICE FOR THE PURPOSES SET FORTH IN
SUBSECTION
(1) OF THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF
MONEY IN THE FUND TO THE FUND
.
(3) T
HE COLORADO ENERGY OFFICE MAY SEEK , ACCEPT, AND EXPEND
GIFTS
, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES .
PAGE 7-SENATE BILL 22-193 (4) (a) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND
TO THE FUND
.
(b) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 2. In Colorado Revised Statutes, add part 5 to article
38.5 of title 24 as follows:
PART 5
COMMUNITY ACCESS TO
ELECTRIC BICYCLES
24-38.5-501. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT
:
(a) T
RANSPORTATION IS THE LARGEST SINGLE SOURCE OF
GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR CONTRIBUTING
SOURCE OF OTHER FORMS OF POLLUTION
, INCLUDING OZONE PRECURSORS ,
HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES, AND PARTICULATE
POLLUTION
;
(b) I
N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR VEHICLE
TRIPS WERE SIX MILES OR LESS AND SEVENTY
-FIVE PERCENT WERE TEN MILES
OR LESS
;
(c) F
OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY
BICYCLE
, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;
(d) E
LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC
BICYCLES
, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH MORE
CHALLENGING TERRAIN
, AND CARRY MORE CARGO;
(e) A
WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,
ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY
AFFORDABLE
;
(f) E
LECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN
IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE
TRANSPORTATION SECTOR
; AND
PAGE 8-SENATE BILL 22-193 (g) IT IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER
OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE
ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW
- AND
MODERATE
-INCOME HOUSEHOLDS.
24-38.5-502. Definitions. A
S USED IN THIS PART 5, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "B
IKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:
(a) A
RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT
ON A SHORT
-TERM BASIS; AND
(b) MAY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND
DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND
RETURNED AT A SINGLE LOCATION
.
(2) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(3) "E
LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL
ASSISTED BICYCLE
" AS SET FORTH IN SECTION 42-1-102 (28.5). "ELECTRIC
BICYCLE
" INCLUDES AN ELECTRIC ADAPTIVE BICYCLE .
(4) "F
UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC BICYCLES
CASH FUND CREATED IN SECTION
24-38.5-506 (1)(a).
(5) "G
RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO
ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION
24-38.5-503.
(6) "L
OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
MUNICIPALITY
, COUNTY, OR CITY AND COUNTY.
(7) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY
STANDARD
.
(8) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101.
PAGE 9-SENATE BILL 22-193 (9) "OWNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES
ELECTRIC BICYCLES
, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS
IN LOW
- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE
OFFICE
.
(10) "P
ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN OWNERSHIP
PROGRAM
.
(11) "R
EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO
ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION
24-38.5-504.
24-38.5-503. Community access to electric bicycles grant
program - creation - eligibility. (1) (a) (I) T
HE COMMUNITY ACCESS TO
ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE
SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL GOVERNMENTS
,
TRIBAL GOVERNMENTS , OR NONPROFIT ORGANIZATIONS ADMINISTER OR
PLAN TO ADMINISTER IN THE STATE
. THE OFFICE SHALL ADMINISTER THE
GRANT PROGRAM
. TO BE ELIGIBLE TO APPLY FOR MONEY UNDER THE GRANT
PROGRAM
, A LOCAL GOVERNMENT , TRIBAL GOVERNMENT, OR NONPROFIT
ORGANIZATION MUST ADMINISTER OR PLAN TO ADMINISTER
, OR CONTRACT
WITH A THIRD PARTY TO ADMINISTER
:
(A) A
BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC BICYCLES ;
OR
(B) AN OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO A
SPECIFIC INDIVIDUAL OR HOUSEHOLD
;
(II) A
LOCAL GOVERNMENT, TRIBAL GOVERNMENT, OR NONPROFIT
ORGANIZATION AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE
THE MONEY TO PURCHASE AND MAINTAIN ELECTRIC BICYCLES
, EQUIPMENT,
AND INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR OWNERSHIP
PROGRAM
, PAY LABOR COSTS RELATED TO IMPLEMENTATION OF THE
PROGRAM
, AND COVER THE DIRECT AND INDIRECT ADMINISTRATIVE COSTS
THAT THE LOCAL GOVERNMENT
, THE TRIBAL GOVERNMENT, THE NONPROFIT
ORGANIZATION
, OR A THIRD-PARTY CONTRACTOR INCURS IN IMPLEMENTING
THE PROGRAM
.
(b) I
N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL
ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS
, TRIBAL
PAGE 10-SENATE BILL 22-193 GOVERNMENTS, AND NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR
MONEY UNDER THE GRANT PROGRAM
. THE OFFICE SHALL POST INFORMATION
ABOUT THE APPLICATION PROCESS ON ITS WEBSITE
.
(2) T
HE OFFICE SHALL DEVELOP:
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MUST
INCLUDE
:
(I) G
IVING PRIORITY TO LOCAL GOVERNMENTS , TRIBAL
GOVERNMENTS
, AND NONPROFIT ORGANIZATIONS OFFERING A PROGRAM IN :
(A) O
NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;
OR
(B) ONE OR MORE NONATTAINMENT AREAS ;
(II) A
REQUIREMENT THAT THE LOCAL GOVERNMENT OR NONPROFIT
ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF MATCHING
MONEY FOR THE PROGRAM
; AND
(III) A REQUIREMENT THAT A LOCAL GOVERNMENT , TRIBAL
GOVERNMENT
, OR NONPROFIT ORGANIZATION THAT APPLIES FOR GRANT
MONEY FOR A PLANNED
, BUT NOT YET IMPLEMENTED , PROGRAM
DEMONSTRATE TO THE SATISFACTION OF THE OFFICE THAT THE LOCAL
GOVERNMENT
, TRIBAL GOVERNMENT, OR NONPROFIT ORGANIZATION, AFTER
RECEIVING MONEY UNDER THE GRANT PROGRAM
, WILL BE ABLE TO START
IMPLEMENTING THE PROGRAM WITHIN A CERTAIN NUMBER OF MONTHS AFTER
RECEIVING THE MONEY
, AS DETERMINED BY THE OFFICE;
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE
WITH THE PURPOSES OF THIS SECTION
; AND
(c) PROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE
WITH THIS SECTION
, INCLUDING PROCEDURES FOR REIMBURSEMENT OF
MONEY AWARDED
.
(3) T
HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
FUND TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN
PAGE 11-SENATE BILL 22-193 ADMINISTERING THE GRANT PROGRAM .
24-38.5-504. Community access to electric bicycles rebate
program - eligibility - reimbursement. (1) T
HE OFFICE SHALL ESTABLISH
THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE PROGRAM TO
PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES AND EQUIPMENT
MADE BY ELIGIBLE INDIVIDUALS
, BUSINESSES, AND NONPROFIT
ORGANIZATIONS
. IN ESTABLISHING THE REBATE PROGRAM , THE OFFICE
SHALL DETERMINE
:
(a) E
LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM, WHICH
ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT
:
(I) A
N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR
MODERATE
-INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE
SHALL DETERMINE
;
(II) A
N ELIGIBLE BUSINESS OR NONPROFIT ORGANIZATION USES
ELECTRIC BICYCLES TO CONDUCT ITS BUSINESS ACTIVITIES
;
(III) T
O QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN
ELECTRIC BICYCLE AND EQUIPMENT THAT
:
(A) A
RE USED PRIMARILY FOR COMMUTING OR OTHER
NONRECREATIONAL PURPOSE
; AND
(B) COST LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE
OFFICE
; AND
(IV) TO QUALIFY FOR A REBATE , A BUSINESS OR NONPROFIT
ORGANIZATION THAT PURCHASES AN ELECTRIC BICYCLE MUST USE THE
ELECTRIC BICYCLE PRIMARILY TO CONDUCT ITS BUSINESS ACTIVITIES
,
INCLUDING MAKING LAST -MILE DELIVERIES, AND FOR OTHER
NONRECREATIONAL PURPOSES
.
(b) R
EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING
REBATE AMOUNTS
; AND
(c) THE MECHANISM FOR ISSUING A REBATE, WHICH MECHANISM MAY
INCLUDE
:
PAGE 12-SENATE BILL 22-193 (I) A REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST
TO THEIR ELIGIBILITY FOR A REBATE
; AND
(II) VENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A
QUALIFYING ELECTRIC BICYCLE AND EQUIPMENT AT A DISCOUNT TO AN
INDIVIDUAL
, BUSINESS, OR NONPROFIT ORGANIZATION THAT IS ELIGIBLE TO
PARTICIPATE UNDER THE REBATE PROGRAM
.
(2) T
HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
FUND TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN
ADMINISTERING THE REBATE PROGRAM
.
24-38.5-505. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025, AND
ON OR BEFORE
JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE SHALL
PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM
AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF
REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT COMMITTEE
AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE
, OR THEIR
SUCCESSOR COMMITTEES
. THE OFFICE SHALL POST A COPY OF EACH REPORT
ON ITS WEBSITE
.
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENTS SET FORTH IN SUBSECTION
(1) OF THIS SECTION CONTINUE
UNTIL THE GRANT PROGRAM AND REBATE PROGRAM REPEAL PURSUANT TO
SECTION
24-38.5-507.
24-38.5-506. Community access to electric bicycles cash fund -
creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
HE
COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN THE
STATE TREASURY
, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE
PURPOSES OF THIS PART
5. THE FUND CONSISTS OF ANY MONEY THAT THE
GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR
IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE PROGRAM AND
ANY FEDERAL MONEY OR GIFTS
, GRANTS, OR DONATIONS RECEIVED
PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION.
(b) (I) F
OR THE PURPOSES OF THIS PART 5, THE OFFICE MAY SEEK,
ACCEPT, AND EXPEND:
(A) M
ONEY FROM FEDERAL SOURCES ; AND
PAGE 13-SENATE BILL 22-193 (B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
SOURCES
.
(II) T
HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED PURSUANT
TO SUBSECTION
(1)(b)(I) OF THIS SECTION TO THE STATE TREASURER, WHO
SHALL CREDIT THE MONEY TO THE FUND
.
(2) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
THE OFFICE FOR THE PURPOSES SET FORTH IN THIS PART
5. THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND
. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF A STATE FISCAL YEAR REMAINS IN THE FUND
; EXCEPT THAT THE
STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE FUND
AT THE END OF THE
2026-27 STATE FISCAL YEAR TO THE GENERAL FUND .
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
.
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.
24-38.5-507. Repeal of part. T
HIS PART 5 IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2028.
SECTION 3. In Colorado Revised Statutes, add part 14 to article
7 of title 25 as follows:
PART 14
ELECTRIFYING SCHOOL BUSES
GRANT PROGRAM
25-7-1401. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS THAT
:
(a) D
ISPROPORTIONATELY IMPACTED COMMUNITIES ARE
DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN
OXIDES ARISING FROM FOSSIL
-FUEL-POWERED SCHOOL BUSES, ESPECIALLY
BECAUSE THE FLEET YARDS
, WAREHOUSES, FUEL DEPOTS, AND INTERSTATES
USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN LOCATED IN
DISPROPORTIONATELY IMPACTED COMMUNITIES
;
PAGE 14-SENATE BILL 22-193 (b) IN ADDITION TO EXPOSURE TO PARTICULATE MATTER AND
NITROGEN OXIDES IN THEIR COMMUNITIES
, SCHOOL CHILDREN ARE ALSO
EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF
RIDING ON FOSSIL
-FUEL-POWERED SCHOOL BUSES;
(c) A
TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO
ELECTRIC
-POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL
CHILDREN
'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING
POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED
COMMUNITIES
;
(d) T
HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",
P
UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO
SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET
, AND A STATE
PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE THE
FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO ALLOW
SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS
; AND
(e) A TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE
BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE
:
(I) I
F THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS
MANAGED TO SUPPORT GRID OPERATIONS
; AND
(II) THROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC
SCHOOL BUSES
:
(A) A
S A SOURCE OF RENEWABLE ENERGY THROUGH
VEHICLE
-TO-GRID OPERATIONS; AND
(B) AS A COMMUNITY RESILIENCE RESOURCE TO HELP COMMUNITIES
AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING ELECTRIC GRID
INTERRUPTIONS
.
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
(a) T
HE STATE SHOULD HELP SCHOOL DISTRICTS PROCURE AND
MAINTAIN ELECTRIC
-POWERED SCHOOL BUSES AND RELATED
INFRASTRUCTURE
, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO
ELECTRIC
-POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED
PAGE 15-SENATE BILL 22-193 RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND
(b) SCHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO
OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER FINANCE
THE TRANSITION TO AN ELECTRIC
-POWERED SCHOOL BUS FLEET.
25-7-1402. Definitions. A
S USED IN THIS PART 14, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED
PURSUANT TO PART
1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER
SCHOOL INSTITUTE ESTABLISHED PURS UANT TO SECTION
22-30.5-503, OR AN
INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
5 OF ARTICLE
30.5 OF TITLE 22.
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
.
(3) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(4) "E
LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT
IS POWERED SOLELY BY ELECTRICITY
.
(5) "F
OSSIL-FUEL-POWERED SCHOOL BUS " MEANS A SCHOOL BUS
POWERED BY DIESEL FUEL OR GASOLINE
.
(6) "F
UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT
PROGRAM CASH FUND CREATED IN SECTION
25-7-1405 (1)(a).
(7) "G
RANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES
GRANT PROGRAM CREATED IN SECTION
25-7-1403.
(8) "N
ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD
.
(9) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101.
PAGE 16-SENATE BILL 22-193 (10) "SCHOOL BUS":
(a) H
AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND
(b) INCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN, OR
SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES AS
PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF STUDENTS
FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL
-RELATED PROGRAMMING OR
ACTIVITIES
.
(11) "S
CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED
PURSUANT TO ARTICLE
30 OF TITLE 22. "SCHOOL DISTRICT" INCLUDES
SCHOOLS OPERATED BY TRIBAL GOVERNMENTS
.
25-7-1403. Electrifying school buses grant program - creation -
eligibility. (1) (a) (I) T
HE ELECTRIFYING SCHOOL BUSES GRANT PROGRAM
IS CREATED TO ALLOW A SCHOOL DISTRICT
, CHARTER SCHOOL, OR NONPROFIT
PARTNER ACTING ON BEHALF OF A SCHOOL DISTRICT OR CHARTER SCHOOL TO
APPLY TO THE DEPARTMENT FOR GRANT MONEY TO HELP FINANCE
:
(A) T
HE PROCUREMENT AND MAINTENANCE OF ELECTRIC -POWERED
SCHOOL BUSES
, THE CONVERSION OF FOSSIL-FUEL-POWERED SCHOOL BUSES
TO ELECTRIC
-POWERED SCHOOL BUSES, CHARGING INFRASTRUCTURE , AND
ELECTRICAL UPGRADES NECESSARY TO SUPPORT CHARGING
INFRASTRUCTURE
;
(B) T
HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND
(C) THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S ADMINISTRATIVE
COSTS ASSOCIATED WITH SUCH PROCUREMENTS
, CONVERSIONS,
MAINTENANCE, OR RETIREMENTS , INCLUDING ANY UP -FRONT
ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND IMPLEMENTING
A PROPOSAL FOR THE PROCUREMENTS
, CONVERSIONS, MAINTENANCE, OR
RETIREMENTS
.
(II) T
HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,
AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT
PROGRAM AS NEEDED
. THE DEPARTMENT OF EDUCATION MAY PROVIDE UP TO
ONE
-HALF OF ONE FULL-TIME EQUIVALENT EMPLOYEE TO ASSIST WITH THE
GRANT PROGRAM BY PROVIDING TECHNICAL ASSISTANCE TO SCHOOL
PAGE 17-SENATE BILL 22-193 DISTRICTS AND CHARTER SCHOOLS WITH RESPECT TO APPLYING FOR GRANT
MONEY AND IMPLEMENTING PROJECTS AWARDED GRANT MONEY
.
(b) T
HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS
FOR SCHOOL DISTRICTS
, CHARTER SCHOOLS, AND NONPROFIT PARTNERS
ACTING ON BEHALF OF SCHOOL DISTRICTS OR CHARTER SCHOOLS TO APPLY
FOR MONEY UNDER THE GRANT PROGRAM AND
:
(I) P
OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION
PROCESS
, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT
DEVELOPS FOR THE GRANT PROGRAM
, ON ITS WEBSITE; AND
(II) SHARE THE GRANT PROGRAM APPLICATION PROCESS
INFORMATION WITH THE DEPARTMENT OF EDUCATION
, WHICH DEPARTMENT
SHALL POST THE INFORMATION ON ITS WEBSITE
.
(2) T
HE DEPARTMENT SHALL DEVELOP :
(a) C
RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MUST
INCLUDE
:
(I) G
IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER SCHOOLS :
(A) L
OCATED IN OR ATTENDED BY STUDENTS LIVING IN
DISPROPORTIONATELY IMPACTED COMMUNITIES
;
(B) L
OCATED IN NONATTAINMENT AREAS ; OR
(C) AT WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS
DETERMINED BY THE DEPARTMENT
, RECEIVE FREE OR REDUCED -PRICE
LUNCHES UNDER A SCHOOL LUNCH PROGRAM
; AND
(II) A REQUIREMENT THAT, AS A CONDITION OF RECEIVING A GRANT
AWARD
, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN PERCENTAGE
OF THEIR FOSSIL
-FUEL-POWERED SCHOOL BUSES, RETIRE OR CONVERT THEIR
FOSSIL
-FUEL-POWERED SCHOOL BUSES IN A CERTAIN MANNER , OR BOTH;
(b) P
ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO
DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE
WITH THIS PART
14; AND
PAGE 18-SENATE BILL 22-193 (c) PROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE
WITH THIS PART
14, INCLUDING PROCEDURES FOR REIMBURSEMENT OF
MONEY AWARDED
.
(3) T
HE DEPARTMENT MAY USE UP TO EIGHT PERCENT OF THE MONEY
IN THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE DEPARTMENT
INCURS IN ADMINISTERING THE GRANT PROGRAM
.
25-7-1404. Reporting. (1) O
N OR BEFORE JANUARY 1, 2025, AND
ON OR BEFORE
JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER , THE
DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF
THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF
REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND ENVIRONMENT
COMMITTEE AND THE SENATE EDUCATION COMMITTEE AND
TRANSPORTATION AND ENERGY COMMITTEE
, OR THEIR SUCCESSOR
COMMITTEES
. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON ITS
WEBSITE
.
(2) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
REQUIREMENTS SET FORTH IN SUBSECTION
(1) OF THIS SECTION CONTINUE
UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION
25-7-1406.
25-7-1405. Electrifying school buses grant program cash fund
- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
HE
ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN
THE STATE TREASURY
, AND THE DEPARTMENT SHALL ADMINISTER THE FUND
FOR THE PURPOSES OF THIS PART
14. THE FUND CONSISTS OF ANY MONEY
THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE
FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL
MONEY OR GIFTS
, GRANTS, OR DONATIONS RECEIVED PURSUANT TO
SUBSECTION
(1)(b) OF THIS SECTION.
(b) (I) F
OR THE PURPOSES OF THIS PART 14, THE DEPARTMENT MAY
SEEK
, ACCEPT, AND EXPEND:
(A) M
ONEY FROM FEDERAL SOURCES ; AND
(B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
SOURCES
.
PAGE 19-SENATE BILL 22-193 (II) THE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED
PURSUANT TO SUBSECTION
(1)(b)(I) OF THIS SECTION TO THE STATE
TREASURER
, WHO SHALL CREDIT THE MONEY TO THE FUND .
(2) T
HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
THE DEPARTMENT
, AND THE DEPARTMENT MAY EXPEND MONEY IN THE FUND
FOR THE PURPOSES SET FORTH IN THIS PART
14. THE STATE TREASURER
SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
INVESTMENT OF MONEY IN THE FUND TO THE FUND
. ANY UNEXPENDED AND
UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A STATE
FISCAL YEAR REMAINS IN THE FUND
; EXCEPT THAT THE STATE TREASURER
SHALL TRANSFER ANY MONEY REMAINING IN THE FUND AT THE END OF THE
2032-33 STATE FISCAL YEAR TO THE GENERAL FUND .
(3) (a) O
N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
SIXTY
-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
(b) T
HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.
25-7-1406. Repeal of part. T
HIS PART 14 IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2034.
SECTION 4. In Colorado Revised Statutes, 25-7-103, amend (12),
(15), and (22) as follows:
25-7-103. Definitions. As used in this article 7, unless the context
otherwise requires:
(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C. sec.
7401 et seq., (1970), as the same is in effect on November 15, 1990,
AS
AMENDED
.
(15) "Issue" or "issuance" means the mailing,
INCLUDING BY
ELECTRONIC MAIL
, of any order, permit, determination, or notice, other than
notice by publication, by certified mail to the last address furnished to the
agency by the person subject thereto or personal service on such THE
person. and The date of issuance of such THE order, permit, determination,
or notice shall MUST be the date of such THE mailing or service or such later
date as is stated in the order, permit, determination, or notice.
PAGE 20-SENATE BILL 22-193 (22) "State implementation plan" OR "SIP" means the A plan
required by and described in section 110(a) SECTION 110 (a) OR 169A of the
federal act.
SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend
(1)(m), (4)(a), and (4)(e) introductory portion; and add (3)(c)(VIII) as
follows:
25-7-103.5. Air quality enterprise - legislative declaration - fund
- definitions - gifts, grants, or donations - rules - report - repeal.
(1) Legislative declaration. The general assembly hereby finds and
declares that:
(m) So long as the enterprise qualifies as an enterprise for purposes
of section 20 of article X of the state constitution, the revenue from the fees
collected by the enterprise UNDER SUBSECTION (4) OF THIS SECTION is not
state fiscal year spending, as defined in section 24-77-102 (17), or state
revenues, as defined in section 24-77-103.6 (6)(c), and does not count
against either the state fiscal year spending limit imposed by section 20 of
article X of the state constitution or the excess state revenues cap, as
defined in section 24-77-103.6 (6)(b)(I)(D)
SECTION 24-77-103.6 (6)(b).
(3) Enterprise. (c) In addition to any other powers and duties
specified in this section, the enterprise's powers and duties are to:
(VIII) R
ECEIVE PAYMENTS TO FINANCE SPECIFIC PROJECTS ,
INCLUDING COMMUNITY -BASED MONITORING OR EMISSION MITIGATION
PROJECTS IN THE STATE OR IN A SPECIFIED AREA OF THE STATE
, AS DIRECTED
BY THIS ARTICLE
7 OR ANY PROGRAM THAT THE COMMISSION ESTABLISHES
BY RULE PURSUANT TO THIS ARTICLE
7.
(4) Fund - enterprise fees and other revenue. (a) There is hereby
created in the state treasury the air quality enterprise cash fund. The fund
consists of money credited to the fund pursuant to this subsection (4),
PAYMENTS FOR OTHER PURPOSES AS AUTHORIZED UNDER SUBSECTION
(3)(c)(VIII) OF THIS SECTION, and any other money that the general
assembly may appropriate or transfer to the fund. The state treasurer shall
credit all interest and income derived from the deposit and investment of
money in the fund to the fund.
PAGE 21-SENATE BILL 22-193 (e) Before establishing fees, the board shall conduct a stakeholder
process to solicit input from potential fee payers and other stakeholders on
the appropriate fee structure. The enterprise shall not collect any fees before
July 1, 2021. The amount of enterprise fees collected
UNDER SUBSECTION
(4)(b)(I) OF THIS SECTION is limited as follows:
SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend (4)
as follows:
25-7-114.1. Air pollutant emission notices - rules. (4) Each such
notice shall REQUIRED BY THIS SECTION MUST specify the location at which
the proposed emission will occur; the name and address of the person
operating or owning such
THE facility, process, or activity; the nature of
such THE facility, process, or activity; and an estimate of the quantity and
composition of the expected emission. The division shall make available at
all air pollution control authority offices PROVIDE appropriate forms on
which the information required by this section shall MUST be furnished.
SECTION 7. In Colorado Revised Statutes, 25-7-114.5, amend
(7)(b) and (16) as follows:
25-7-114.5. Application review - public participation.
(7) (b) Failure of the division or commission, as the case may be, to grant
or deny the permit application or permit renewal application within the time
prescribed shall be treated as a final permit action for purposes of obtaining
judicial review in the district court in which the source is located, to require
that action be taken on such application by the commission or division, as
appropriate, without additional delay. N
OTWITHSTANDING ANY OTHER
PROVISION TO THE CONTRARY
, JUDICIAL REVIEW OF THE DIVISION'S FAILURE
TO GRANT OR DENY A RENEWABLE OPERATING PERMIT REQUIRED BY
TITLE
V OF THE FEDERAL ACT IS AVAILABLE UNTIL THE DIVISION GRANTS OR
DENIES THE PERMIT
.
(16) (a) If the division experiences a backlog in processing air
quality permit applications caused by an occasional need that is seasonal,
irregular, or fluctuating in nature, and the department determines or
reasonably expects that, as a result, permits would not be issued within
statutory time frames, the division shall make available to sources that are
not subject to permitting under part C of the federal act the option to have
the
PERMIT APPLICATION, THE air quality modeling, OR BOTH that is
PAGE 22-SENATE BILL 22-193 submitted with the applicant's air permit application reviewed for
acceptance as demonstrating compliance by a contract consultant selected
by the division in lieu of the review being conducted by division staff. T
HE
DIVISION MAY ALSO ENTER INTO CONTRACTS TO SUPPORT THE DIVISION
'S AIR
QUALITY PERMIT PROGRAMS
, INCLUDING THE DIVISION'S GENERAL PERMIT
PROGRAM
, AND MODELING TO SUPPORT THE AIR QUALITY PERMIT PROGRAMS .
(b) The division shall select and contract with
QUALIFIED
nongovernmental air quality CONSULTANTS, modeling engineers
EXPERTS,
OR BOTH to perform PERMIT APPLICATION REVIEWS, air quality modeling
reviews, of applicants who choose contract consultant review of their air
quality permit modeling OR OTHER WORK TO SUPPORT THE DIVISION 'S AIR
QUALITY PERMIT PROGRAMS
. The division is not subject to the requirements
of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.,
in
selecting and contracting with the consultants,
MODELING EXPERTS, OR
BOTH
. The division shall review and exclude from consideration as a
contract air quality modeling
consultant any contractors with a conflict of
interest regarding air quality permit applications
OR MODELING. Applicants
that choose consultant review of their air quality
PERMIT APPLICATIONS OR
modeling are responsible for both the consultant's costs associated with the
air modeling review as well as the division's costs associated with the
review and determination of the air permit application, to be paid to the
division. The division shall transfer the money to the state treasurer, who
shall credit it to the stationary sources control fund created in section
25-7-114.7 (2)(b)(I).
(c) The division shall use the results of the modeling conducted
pursuant to paragraph (b) of this subsection (16)
SUBSECTION (16)(a) OR
(16)(b) OF THIS SECTION for purposes of the division's permit PROGRAM AND
application analysis.
SECTION 8. In Colorado Revised Statutes, 25-7-119, amend (1)
as follows:
25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY
calendar days after a hearing has been requested as provided in this article
ARTICLE 7, the commission shall grant MUST ACT UPON such request. and IF
GRANTED
, THE COMMISSION SHALL set a time and place therefor
FOR THE
HEARING
not more than ninety calendar days following THE FIRST
REGULARLY SCHEDULED COMMISSION MEETING AFTER
receipt of such
THE
PAGE 23-SENATE BILL 22-193 HEARING request, unless a shorter period is otherwise specifically provided
for in this article ARTICLE 7. Notice of such THE hearing shall MUST be
printed in a newspaper of general circulation in the area in which the
proposed project or activity is located at least thirty days prior to the date of
said
THE hearing.
SECTION 9. In Colorado Revised Statutes, 25-7-133, amend (1);
repeal (2); and add (2.5) as follows:
25-7-133. Legislative review and approval of state
implementation plans and rules - legislative declaration - definition.
(1) (a) Notwithstanding any other provision of law but subject to subsection
(7) of this section, by January 15 of each year, the commission shall certify
in a report to the chairperson of the legislative council in summary form any
additions or changes to elements of the state implementation plan
THAT
INCLUDE ANY NEW REGULATORY REQUIREMENTS OR MODIFICATIONS TO
EXISTING REGULATORY REQUIREMENTS
adopted during the prior year that
are to be submitted to the administrator for purposes of federal
enforceability. Such
(b) THE report shall MUST be written in plain, nontechnical language
using words with common and everyday meaning that are understandable
to the average reader. Copies of such report shall
MUST be available to the
public and shall be made available SUBMITTED to each member of the
general assembly. The provisions of
(c) This section shall DOES not apply to control measures and
strategies that have been adopted and implemented by the enacting
jurisdiction of a local unit of government if such
THE measures and
strategies do not result in mandatory direct costs upon any entity other than
the enacting jurisdiction.
(2) (a) By the February 15 following submission of the certified
report under subsection (1) of this section, any member of the general
assembly may make a request in writing to the chairperson of the legislative
council that the legislative council hold a hearing or hearings to review any
addition or change to elements of the SIP contained in the report submitted
pursuant to subsection (1) of this section. Upon receipt of such request, the
chairperson of the legislative council shall forthwith schedule a hearing to
conduct such review. Any review by the legislative council shall determine
PAGE 24-SENATE BILL 22-193 whether the addition or change to the SIP element accomplishes the results
intended by enactment of the statutory provisions under which the addition
or change to the SIP element was adopted. The legislative council, after
allowing a public hearing preceded by adequate notice to the public and the
commission, may recommend the introduction of a bill or bills based on the
results of such review. If the legislative council does not recommend
introduction of a bill under this subsection (2), the addition or change to the
SIP element may be submitted under paragraph (b) of this subsection (2).
Any bill recommended for consideration under this subsection (2) shall not
be counted against the number of bills to which members of the general
assembly are limited by law or joint rule of the senate and the house of
representatives. If the legislative council does not recommend the
introduction of a bill under this paragraph (a), and the member or members
of the general assembly that requested such review will be introducing a bill
under the provisions of paragraph (c) of this subsection (2), any such
member shall provide written notice to the chairperson of the legislative
council within three days after the action by the legislative council not to
recommend introduction of a bill. If such member or members provide such
written notice, the addition or change to the SIP or any element thereof that
is the subject of any such bill may not be submitted to the administrator of
the federal environmental protection agency until the expiration of the
addition or change to the SIP has been postponed by the general assembly
acting by bill or the member or members provide written notice to the
chairperson of the executive committee of the legislative council that no bill
will be introduced.
(b) Unless a written request for legislative council review of an
addition or change to a SIP element is submitted by the February 15
following submission of the report under subsection (1) of this section, or
a notice is provided by a member or members that they are introducing a bill
under paragraph (c) of this subsection (2) within three days after legislative
council action not to introduce a bill under paragraph (a) of this subsection
(2), all other additions or changes to a SIP element described in such report
shall be submitted to the administrator for final approval and incorporation
into the SIP.
(c) Until such February 15 as provided in paragraph (b) of this
subsection (2), the commission may only submit an addition or change to
the SIP or any element thereof, as defined in section 110 of the federal act,
any rule which is a part thereof, or any revision thereto as specified in
PAGE 25-SENATE BILL 22-193 subsection (1) of this section to the administrator for conditional approval
or temporary approval. If legislative council review is requested as to any
addition or change to a SIP element under paragraph (a) of this subsection
(2), then no such SIP, revision, rule required by the SIP or revision, or rule
related to the implementation of the SIP or revision so submitted to the
administrator may take effect for purposes of federal enforceability, or
enforcement of any kind at the state level against any person or entity based
only on the commission's general authority to adopt a SIP under section
25-7-105 (1), unless expiration of the SIP, rule required for the SIP, or
addition or change to a SIP element has been postponed by the general
assembly acting by bill in the same manner as provided in section 24-4-103
(8)(c) and (8)(d), C.R.S. Any member of the general assembly may
introduce a bill to modify or delete all or a portion of the SIP or any rule or
additions or changes to SIP elements which are a component thereof. Any
bill introduced under this paragraph (c) shall not be counted against the
number of bills to which members of the general assembly are limited by
law or joint rule of the senate and the house of representatives. Any
committee of reference of the senate or the house of representatives to
which a bill introduced under this paragraph (c) is referred shall conduct as
part of consideration of any such bill on the merits the review provided for
under paragraph (a) of this subsection (2). If any bill is introduced under
paragraph (a) of this subsection (2) or under this paragraph (c) to postpone
the expiration of any addition or change to a SIP element described in a
report submitted under subsection (1) of this section, and any such bill does
not become law, the addition or change to a SIP element addressed in such
bill may be submitted to the administrator of the federal environmental
protection agency for final approval and incorporation into the SIP under
paragraph (b) of this subsection (2).
(d) Repealed.
(2.5) (a) UNTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE
CERTIFIED REPORT UNDER SUBSECTION
(1) OF THIS SECTION, ANY ADDITION
OR CHANGE TO THE
SIP MUST NOT BE SUBMITTED TO THE ADMINISTRATOR
FOR FINAL APPROVAL AND INCORPORATION INTO THE
SIP, UNLESS THE
ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR THE
GOVERNOR
'S DESIGNEE AS A PROVISIONAL SUBMISSION.
(b) B
Y FEBRUARY 15, ANY MEMBER OF THE GENERAL ASSEMBLY
MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE
PAGE 26-SENATE BILL 22-193 ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED
PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION. ANY BILL INTRODUCED
UNDER THIS SUBSECTION
(2.5)(b) DOES NOT COUNT AGAINST THE NUMBER
OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY
LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
.
D
URING THE PERIOD THAT ANY SUCH BILL INTR ODUCED UNDER THIS
SUBSECTION
(2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES TO
THE
SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL
APPROVAL AND INCORPORATION INTO THE
SIP, UNLESS DESIGNATED BY THE
GOVERNOR OR THE GOVERNOR
'S DESIGNEE AS A PROVISIONAL SUBMISSION.
(c) I
F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS
SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES TO
THE
SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE SIP
MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL AND
INCORPORATION INTO THE
SIP. IF THE BILL BECOMES LAW, THE COMMISSION
SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO THE
SIP AS
DIRECTED BY THE BILL
, AND ANY MODIFIED ADDITIONS OR CHANGES TO THE
SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL
APPROVAL AND INCORPORATION INTO THE
SIP.
(d) A
S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"
MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .
SECTION 10. In Colorado Revised Statutes, 25-7-133.5, amend
(3) as follows:
25-7-133.5. Approval or rescission of specific revisions to state
implementation plan (SIP) after 1996. (3) Revisions to the SIP that are
adopted solely to conform the SIP to prior actions of the general assembly
under section 25-7-133 and this section may be submitted to the federal
environmental protection agency for final approval under section 25-7-133
(2) SECTION 25-7-133 (2.5) without further approval by the general
assembly under section 25-7-133 or this section.
SECTION 11. Appropriation. (1) For the 2022-23 state fiscal
year, $750,000 is appropriated to the department of personnel for use by the
division of human resources. This appropriation is from the general fund.
To implement this act, the division may use this appropriation for operating
expenses related to employee benefits services.
PAGE 27-SENATE BILL 22-193 (2) For the 2022-23 state fiscal year, $7,000,000 is appropriated to
the department of public health and environment for use by the air pollution
control division. This appropriation is from the general fund. Any money
appropriated in this subsection (2) that is not expended before July 1, 2023,
is further appropriated to the department for the 2023-24 and 2024-25 state
fiscal years for the same purpose. To implement this act, the division may
use this appropriation as follows:
(a) $6,909,275 for personal services related to administration, which
amount is based on an assumption that the division will require an
additional 1.5 FTE; and
(b) $90,725 for the purchase of information technology services.
(3) For the 2022-23 state fiscal year, $90,725 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
public health and environment under subsection (2)(b) of this section. To
implement this act, the office may use this appropriation to provide
information technology services for the department of public health and
environment.
(4) For the 2022-23 state fiscal year, $44,365 is appropriated to the
department of education for use by assistance to public schools. This
appropriation is from reappropriated funds received from the department of
public health and environment from the electrifying school buses grant
program cash fund created in section 25-7-1405 (1)(a), C.R.S. To
implement this act, the department may use this appropriation for public
school transportation.
SECTION 12. Appropriation - adjustments to 2022 long bill. To
implement this act, the general fund appropriation made in the annual
general appropriation act for the 2022-23 state fiscal year to the office of
the governor for use by the Colorado energy office for the cannabis resource
optimization program is decreased by $1,500,000.
SECTION 13. Safety clause. The general assembly hereby finds,
PAGE 28-SENATE BILL 22-193 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 29-SENATE BILL 22-193