Colorado 2022 Regular Session

Colorado Senate Bill SB193 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0383.02 Jennifer Berman x3286
18 SENATE BILL 22-193
2-BY SENATOR(S) Fenberg and Gonzales, Buckner, Danielson, Donovan,
3-Fields, Ginal, Hansen, Jaquez Lewis, Kolker, Lee, Pettersen, Story, Winter,
4-Zenzinger;
5-also REPRESENTATIVE(S) Valdez A. and Froelich, Amabile, Bernett,
6-Bird, Boesenecker, Cutter, Duran, Exum, Herod, Hooton, Jodeh, Kipp,
7-Lindsay, Lontine, McCluskie, Ricks, Sirota, Sullivan, Titone, Woodrow.
9+Senate Committees House Committees
10+Transportation & Energy Energy & Environment
11+Appropriations Appropriations
12+A BILL FOR AN ACT
813 C
9-ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND, IN
10-CONNECTION THEREWITH
11-, MAKING AN APPROPRIATION.
12-
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add 24-38.5-116 and
15-24-38.5-117 as follows:
16-24-38.5-116. Industrial and manufacturing operations clean air
17-grant program - creation - eligibility - fund created - gifts, grants, or
18-donations - transfer - legislative declaration - definitions - reporting -
19-repeal. (1) Legislative declaration. T
20-HE GENERAL ASSEMBLY HEREBY
21-FINDS AND DECLARES THAT
22-:
14+ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND,101
15+IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
16+Bill Summary
17+(Note: This summary applies to this bill as introduced and does
18+not reflect any amendments that may be subsequently adopted. If this bill
19+passes third reading in the house of introduction, a bill summary that
20+applies to the reengrossed version of this bill will be available at
21+http://leg.colorado.gov
22+.)
23+Industrial and manufacturing operations clean air grant
24+program. Section 1 of the bill creates the industrial and manufacturing
25+operations clean air grant program (clean air grant program) through
26+which the Colorado energy office (office) awards grant money to private
27+entities, local governments, and public-private partnerships for voluntary
28+projects to reduce air pollutants from industrial and manufacturing
29+HOUSE
30+3rd Reading Unamended
31+May 10, 2022
32+HOUSE
33+Amended 2nd Reading
34+May 5, 2022
35+SENATE
36+3rd Reading Unamended
37+April 18, 2022
38+SENATE
39+Amended 2nd Reading
40+April 14, 2022
41+SENATE SPONSORSHIP
42+Fenberg and Gonzales, Buckner, Danielson, Donovan, Fields, Ginal, Hansen, Jaquez
43+Lewis, Kolker, Lee, Pettersen, Story, Winter, Zenzinger
44+HOUSE SPONSORSHIP
45+Valdez A. and Froelich, Amabile, Bernett, Bird, Boesenecker, Cutter, Duran, Exum,
46+Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Ricks, Sirota, Sullivan, Titone,
47+Woodrow
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
50+Dashes through the words indicate deletions from existing statute. operations.
51+Voluntary projects eligible for grant money include:
52+! Energy efficiency projects;
53+! Renewable energy projects;
54+! Beneficial electrification projects;
55+! Transportation electrification projects;
56+! Projects producing or utilizing clean hydrogen;
57+! Projects involving carbon capture at industrial facilities;
58+! Methane capture projects;
59+! Projects producing or utilizing sustainable aviation fuel;
60+and
61+! Industrial process changes that reduce emissions.
62+Starting in 2025, the office is required to report annually on the
63+progress of the clean air grant program, submit the report to the
64+legislative committees with jurisdiction over energy matters, and post the
65+reports on the office's website.
66+On June 30, 2022, the state treasurer shall transfer $25 million
67+from the general fund to the industrial and manufacturing operations
68+clean air grant program cash fund, which fund is created in the bill. The
69+fund may also consist of money from federal sources and from gifts,
70+grants, and donations. The money in the fund is continuously appropriated
71+to the office for its administration of the clean air grant program.
72+The clean air grant program is repealed on September 1, 2029.
73+Community access to electric bicycles. Section 2 creates the
74+community access to electric bicycles grant program (electric bicycles
75+grant program) through which the office awards grant money to local
76+governments and nonprofit organizations that administer or plan to
77+administer a bike share program or an ownership program for the
78+provision of electric bicycles in a community. Section 2 also creates the
79+community access to electric bicycles rebate program (rebate program)
80+through which the office provides individuals in low- and
81+moderate-income households, or bicycle shops that sell electric bicycles
82+to program participants at discounted prices, rebates for purchases of
83+electric bicycles used for commuting purposes.
84+Starting in 2025, the office is required to report annually on the
85+progress of the electric bicycles grant program and the rebate program,
86+submit copies of the report to the legislative committees with jurisdiction
87+over transportation matters, and post the report on the office's website.
88+On June 30, 2022, the state treasurer shall transfer $12 million
89+from the general fund to the community access to electric bicycles cash
90+fund, which fund is created in the bill. The fund may also consist of
91+money from federal sources and from gifts, grants, and donations. The
92+money in the fund is subject to annual appropriation by the general
93+assembly to the office for its administration of the electric bicycles grant
94+program and the rebate program.
95+193
96+-2- The electric bicycles grant program and the rebate program are
97+repealed on September 1, 2028.
98+Diesel truck emissions reduction grant program. Section 3
99+creates the diesel truck emissions reduction grant program (diesel trucks
100+grant program) through which the division of administration (division) in
101+the department of public health and environment (department) awards
102+grant money to certain private and public entities for decommissioning
103+diesel trucks and replacing the trucks with newer model trucks. The
104+division is required to determine eligibility for the grant money and the
105+eligible fuel types for qualifying as a replacement vehicle under the diesel
106+trucks grant program.
107+Starting in 2023, the department is required to report annually on
108+the progress of the diesel trucks grant program and submit a copy of the
109+report to the legislative committees with jurisdiction over energy matters.
110+On June 30, 2022, the state treasurer shall transfer $15 million
111+from the general fund to the diesel truck emissions reduction grant
112+program cash fund, which fund is created in the bill. The fund may also
113+consist of money from federal sources and from gifts, grants, and
114+donations. The money in the fund is subject to annual appropriation by
115+the general assembly to the department for use by the division for its
116+administration of the diesel trucks grant program.
117+The diesel trucks grant program is repealed on July 1, 2032.
118+Electrifying school buses grant program. Section 3 also creates
119+the electrifying school buses grant program (school buses grant program)
120+through which the department, with technical assistance from the office,
121+awards grant money to school districts and charter schools to help finance
122+the purchase and maintenance of electric-powered school buses, the
123+conversion of fossil-fuel-powered school buses to electric-powered
124+school buses, charging infrastructure, and upgrades for electric charging
125+infrastructure and the retirement of fossil-fuel-powered school buses.
126+Starting in 2025, and every odd-numbered year thereafter, the
127+department is required to report on the progress of the school buses grant
128+program, submit copies of the report to the legislative committees with
129+jurisdiction over education and transportation matters, and post copies of
130+the report on its website.
131+On June 30, 2022, the state treasurer shall transfer $65 million
132+from the general fund to the electrifying school buses grant program cash
133+fund, which fund is created in the bill. The fund may also consist of
134+money from federal sources and from gifts, grants, and donations. The
135+money in the fund is subject to annual appropriation by the general
136+assembly to the department for its administration of the school buses
137+grant program.
138+The school buses grant program is repealed on September 1, 2034.
139+Section 4 updates the definition of "federal act" regarding the
140+reference to the federal "Clean Air Act". Section 4 also updates the
141+193
142+-3- definition of "issue" with respect to an order, permit, determination, or
143+notice issued by the division, to remove certified mail and add electronic
144+mail as options to issue such order, permit, determination, or notice.
145+Section 5 clarifies that the statutory fee caps for fees collected by
146+the air quality enterprise apply only to the annual stationary source
147+emission fees. The statutory fee caps are $1 million for state fiscal year
148+2021-22, $3 million for state fiscal year 2022-23, $4 million for state
149+fiscal year 2023-24, and $5 million on and after July 1, 2024.
150+Section 6 removes the requirement that the division make the
151+forms on which a person provides details necessary for filing an air
152+pollution emission notice available at all of the air pollution control
153+authority offices.
154+Section 7 extends the time within which the commission must
155+grant or deny a request for a hearing from within 15 days after the request
156+was made to within 30 days after the request was made.
157+Existing law authorizes the commission to submit any additions or
158+changes to the state implementation plan (SIP) to the administrator of the
159+federal environmental protection agency (administrator) for conditional
160+or temporary approval pending legislative council review of the additions
161+or changes. Section 8 authorizes the commission to submit the changes
162+or additions to the administrator as a provisional submission, pending
163+possible introduction and enactment of a bill to modify or delete all or a
164+portion of the commission's additions or changes to the SIP.
165+Section 9 makes a conforming amendment.
166+Section 10 appropriates the money transferred from the general
167+fund to the cash funds created in sections 1, 2, and 3 to the office, the
168+division, and the department for their administration of the programs
169+described in sections 1, 2, and 3. Additionally, section 10 appropriates
170+from the general fund:
171+! $750,000 to the department of personnel for the costs of
172+issuing free annual eco passes to state employees; and
173+! $7,000,000 to the department of public health and
174+environment to finance the aerial surveying of pollutants.
175+Be it enacted by the General Assembly of the State of Colorado:1
176+SECTION 1. In Colorado Revised Statutes, add 24-38.5-113
177+and2
178+24-38.5-114 as follows:3
179+24-38.5-113. Industrial and manufacturing operations clean4
180+air grant program - creation - eligibility - fund created - gifts, grants,5
181+or donations - transfer - legislative declaration - definitions -6
182+193-4- reporting - repeal. (1) Legislative declaration. T HE GENERAL1
183+ASSEMBLY HEREBY FIND AND DECLARES THAT :2
23184 (a) T
24-HE INDUSTRIAL AND MANUFACTURING SECTOR IS ONE OF THE
25-NOTE: This bill has been prepared for the signatures of the appropriate legislative
26-officers and the Governor. To determine whether the Governor has signed the bill
27-or taken other action on it, please consult the legislative status sheet, the legislative
28-history, or the Session Laws.
29-________
30-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31-through words or numbers indicate deletions from existing law and such material is not part of
32-the act. FIVE LARGEST SOURCES OF GREENHOUSE GAS POLLUTION IN THE STATE ;
185+HE INDUSTRIAL AND MANUFACTURING SECTOR IS ONE OF THE3
186+FIVE LARGEST SOURCES OF GREENHOUSE GAS POLLUTION IN THE STATE ;4
33187 (b) I
34-NDUSTRIAL EMISSIONS OFTEN:
188+NDUSTRIAL EMISSIONS OFTEN:5
35189 (I) D
36-ISPROPORTIONATELY IMPACT LOW -INCOME, MINORITY, OR
37-HOUSING COST
38--BURDENED COMMUNITIES IN THE STATE ; AND
39-(II) CONTAIN HAZARDOUS AIR POLLUTANTS THAT CAUSE OR
40-EXACERBATE EXISTING HEALTH CONDITIONS
41-, WHICH, IN TURN, CONTRIBUTE
42-FURTHER TO THE EXISTING ECONOMIC DISPARITY BETWEEN THE
43-DISPROPORTIONATELY IMPACTED COMMUNITIES AND OTHER COMMUNITIES
44-OF THE STATE
45-; AND
46-(c) WHILE STATE AND FEDERAL REGULATION OF INDUSTRIAL AIR
47-POLLUTION
48-, INCLUDING POLLUTION FROM GREENHOUSE GASES , IS ESSENTIAL
49-FOR PUBLIC HEALTH AND FOR ACHIEVING STATE CLIMATE GOALS AND
50-ADDRESSING OZONE NONATTAINMENT
51-, VOLUNTARY ACTIONS ARE NEEDED
52-TO ACHIEVE FURTHER REDUCTIONS IN INDUSTRIAL POLLUTION
53-.
190+ISPROPORTIONATELY IMPACT LOW -INCOME, MINORITY, OR6
191+HOUSING COST-BURDENED COMMUNITIES IN THE STATE ; AND7
192+(II) C
193+ONTAIN HAZARDOUS AIR POLLUTANTS THAT CAUSE OR8
194+EXACERBATE EXISTING HEALTH CONDITIONS , WHICH, IN TURN,9
195+CONTRIBUTE FURTHER TO THE EXISTING ECONOMIC DISPARITY BETWEEN10
196+THE DISPROPORTIONATELY IMPACTED COMMUNITIES AND OTHER11
197+COMMUNITIES OF THE STATE; AND12
198+(c) W
199+HILE STATE AND FEDERAL REGULATION OF INDUSTRIAL AIR13
200+POLLUTION, INCLUDING POLLUTION FROM GREENHOUSE GASES , IS14
201+ESSENTIAL FOR PUBLIC HEALTH AND FOR ACHIEVING STATE CLIMATE15
202+GOALS AND ADDRESSING OZONE NONATTAINMENT ,
203+ VOLUNTARY ACTIONS16
204+ARE NEEDED TO ACHIEVE FURTHER REDUCTIONS IN INDUSTRIAL17
205+POLLUTION.18
54206 (2) Definitions. A
55-S USED IN THIS SECTION, UNLESS THE CONTEXT
56-OTHERWISE REQUIRES
57-:
207+S USED IN THIS SECTION, UNLESS THE CONTEXT19
208+OTHERWISE REQUIRES:20
58209 (a) "A
59-IR POLLUTANT":
210+IR POLLUTANT":21
60211 (I) H
61-AS THE MEANING SET FORTH IN SECTION 25-7-103 (1.5); AND
62-(II) INCLUDES AIR TOXICS, PARTICULATES, OZONE PRECURSORS, AND
63-GREENHOUSE GASES
64-.
212+AS THE MEANING SET FORTH IN SECTION 25-7-103 (1.5); AND22
213+(II) I
214+NCLUDES AIR TOXICS, PARTICULATES, OZONE PRECURSORS,23
215+AND GREENHOUSE GASES .24
65216 (b) "D
66-ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
67-MEANING SET FORTH IN SECTION
68-24-4-109 (2)(b)(II).
217+ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE25
218+MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).26
69219 (c) "F
70-UND" MEANS THE INDUSTRIAL AND MANUFACTURING
71-OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND CREATED IN
72-SUBSECTION
73-(6) OF THIS SECTION.
220+UND" MEANS THE INDUSTRIAL AND MANUFACTURING27
221+193
222+-5- OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND CREATED IN1
223+SUBSECTION (6) OF THIS SECTION.2
74224 (d) "G
75-RANT PROGRAM " MEANS THE INDUSTRIAL AND
76-MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN
77-SUBSECTION
78- (3)(a) OF THIS SECTION.
79-PAGE 2-SENATE BILL 22-193 (e) "GREENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION
80-2-2-322.3 (1)(a).
225+RANT PROGRAM " MEANS THE INDUSTRIAL AND3
226+MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN4
227+SUBSECTION (3)(a) OF THIS SECTION.5
228+(e) "G
229+REENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION6
230+2-2-322.3 (1)(a).7
81231 (f) (I) "I
82-NDUSTRIAL AND MANUFACTURING OPERATIONS " MEANS
83-COMMERCIAL ACTIVITIES IN WHICH AIR POLLUTANTS ARE EMITTED DURING
84-OR AS A RESULT OF THE ACTIVITIES
85-.
232+NDUSTRIAL AND MANUFACTURING OPERATIONS " MEANS8
233+COMMERCIAL ACTIVITIES IN WHICH AIR POLLUTANTS ARE EMITTED DURING9
234+OR AS A RESULT OF THE ACTIVITIES.10
86235 (II) "I
87-NDUSTRIAL AND MANUFACTURING OPERATIONS " INCLUDES,
88-BUT IS NOT LIMITED TO, OPERATIONS:
236+NDUSTRIAL AND MANUFACTURING OPERATIONS " INCLUDES,11
237+BUT IS NOT LIMITED TO, OPERATIONS:12
89238 (A) B
90-Y ENERGY PRODUCERS, REFINERIES, MEAT PACKING PLANTS,
91-DAIRIES, STEEL MILLS, CEMENT PLANTS, MANUFACTURING OPERATIONS ,
92-MINING OPERATIONS, AND AIRLINE OPERATIONS; AND
93-(B) AT AIRPORTS, WASTEWATER TREATMENT PLANTS , LANDFILLS,
94-AND ABANDONED COAL MINES .
239+Y ENERGY PRODUCERS, REFINERIES, MEAT PACKING PLANTS,13
240+DAIRIES, STEEL MILLS, CEMENT PLANTS, MANUFACTURING OPERATIONS ,14
241+MINING OPERATIONS, AND AIRLINE OPERATIONS; AND15
242+(B) A
243+T AIRPORTS, WASTEWATER TREATMENT PLANTS , LANDFILLS,16
244+AND ABANDONED COAL MINES .17
95245 (g) "L
96-OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
97-MUNICIPALITY
98-, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT.
246+OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE18
247+MUNICIPALITY, COUNTY, CITY AND COUNTY, OR SPECIAL DISTRICT.19
99248 (h) "N
100-ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
101-THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
102-BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY
103-STANDARD
104-.
249+ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT20
250+THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS21
251+BEING IN NONATTAINMENT WITH A NATI ONAL AMBIENT AIR QUALITY22
252+STANDARD.23
105253 (i) "O
106-FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
107-SECTION
108-24-38.5-101.
254+FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN24
255+SECTION 24-38.5-101.25
109256 (j) "P
110-UBLIC-PRIVATE PARTNERSHIP" MEANS A PARTNERSHIP BETWEEN
111-A LOCAL GOVERNMENT AND A PRIVATE ENTITY THAT ENGAGES IN
112-INDUSTRIAL AND MANUFACTURING OPERATIONS
113-.
257+UBLIC-PRIVATE PARTNERSHIP" MEANS A PARTNERSHIP26
258+BETWEEN A LOCAL GOVERNMENT AND A PRIVATE ENTITY THAT ENGAGES27
259+193
260+-6- IN INDUSTRIAL AND MANUFACTURING OPERATIONS .1
114261 (k) "S
115-PECIAL DISTRICT" MEANS ANY QUASI-MUNICIPAL CORPORATION
116-AND POLITICAL SUBDIVISION ORGANIZED OR ACTING PURSUANT TO TITLE
117-32,
118-INCLUDING A METROPOLITAN DISTRICT AND A WATER AND SANITATION
119-DISTRICT
120-.
262+PECIAL DISTRICT" MEANS ANY QUASI -MUNICIPAL2
263+CORPORATION AND POLITICAL SUBDIVISION ORGANIZED OR ACTING3
264+PURSUANT TO TITLE 32, INCLUDING A METROPOLITAN DISTRICT AND A4
265+WATER AND SANITATION DISTRICT.5
121266 (l) "V
122-OLUNTARY PROJECT" MEANS A PROJECT THAT A PRIVATE
123-ENTITY
124-, LOCAL GOVERNMENT , OR PUBLIC-PRIVATE PARTNERSHIP
125-IMPLEMENTS OR PLANS TO IMPLEMENT ON A VOLUNTARY BASIS TO REDUCE
126-PAGE 3-SENATE BILL 22-193 EMISSIONS OF HARMFUL AIR POLLUTANTS RESULTING FROM INDUSTRIAL AND
127-MANUFACTURING OPERATIONS
128-.
267+OLUNTARY PROJECT" MEANS A PROJECT THAT A PRIVATE6
268+ENTITY, LOCAL GOVERNMENT , OR PUBLIC-PRIVATE PARTNERSHIP7
269+IMPLEMENTS OR PLANS TO IMPLEMENT ON A VOLUNTARY BASIS TO REDUCE8
270+EMISSIONS OF HARMFUL AIR POLLUTANTS RESULTING FROM INDUSTRIAL9
271+AND MANUFACTURING OPERATIONS .10
129272 (3) Grant program. (a) T
130-HE INDUSTRIAL AND MANUFACTURING
131-OPERATIONS CLEAN AIR GRANT PROGRAM IS CREATED TO ALLOW PRIVATE
132-ENTITIES
133-, LOCAL GOVERNMENTS , AND PUBLIC-PRIVATE PARTNERSHIPS TO
134-APPLY TO THE OFFICE FOR GRANT MONEY TO HELP FINANCE VOLUNTARY
135-PROJECTS TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM INDUSTRIAL AND
136-MANUFACTURING OPERATIONS
137-. THE OFFICE SHALL ADMINISTER THE GRANT
138-PROGRAM
139-.
273+HE INDUSTRIAL AND MANUFACTURING11
274+OPERATIONS CLEAN AIR GRANT PROGRAM IS CREATED TO ALLOW PRIVATE12
275+ENTITIES, LOCAL GOVERNMENTS, AND PUBLIC-PRIVATE PARTNERSHIPS TO13
276+APPLY TO THE OFFICE FOR GRANT MONEY TO HELP FINANCE VOLUNTARY14
277+PROJECTS TO REDUCE EMISSIONS OF AIR POLLUTANTS FROM INDUSTRIAL15
278+AND MANUFACTURING OPERATIONS . THE OFFICE SHALL ADMINISTER THE16
279+GRANT PROGRAM.17
140280 (b) I
141-N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL:
281+N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL:18
142282 (I) E
143-STABLISH AN APPLICATION PROCESS FOR PRIVATE ENTITIES ,
144-LOCAL GOVERNMENTS , TRIBAL GOVERNMENTS , AND PUBLIC-PRIVATE
145-PARTNERSHIPS TO APPLY FOR MONEY TO HELP FINANCE VOLUNTARY
146-PROJECTS AND POST INFORMATION ABOUT THE APPLICATION PROCESS ON THE
147-OFFICE
148-'S WEBSITE;
283+STABLISH AN APPLICATION PROCESS FOR PRIVATE ENTITIES ,19
284+LOCAL GOVERNMENTS , TRIBAL GOVERNMENTS ,
285+ AND PUBLIC-PRIVATE20
286+PARTNERSHIPS TO APPLY FOR MONEY TO HELP FINANCE VOLUNTARY21
287+PROJECTS AND POST INFORMATION ABOUT THE APPLICATION PROCESS ON22
288+THE OFFICE'S WEBSITE;23
149289 (II) D
150-ETERMINE TYPES OF VOLUNTARY PROJECTS THAT ARE ELIGIBLE
151-FOR MONEY UNDER THE GRANT PROGRAM
152-, WHICH TYPES OF VOLUNTARY
153-PROJECTS MAY INCLUDE
154-:
290+ETERMINE TYPES OF VOLUNTARY PROJECTS THAT ARE24
291+ELIGIBLE FOR MONEY UNDER THE GRANT PROGRAM , WHICH TYPES OF25
292+VOLUNTARY PROJECTS MAY INCLUDE :26
155293 (A) E
156-NERGY EFFICIENCY PROJECTS;
157-(B) R
158-ENEWABLE ENERGY PROJECTS ;
294+NERGY EFFICIENCY PROJECTS;27
295+193
296+-7- (B) RENEWABLE ENERGY PROJECTS ;1
159297 (C) B
160-ENEFICIAL ELECTRIFICATION PROJECTS;
298+ENEFICIAL ELECTRIFICATION PROJECTS;2
161299 (D) T
162-RANSPORTATION ELECTRIFICATION PROJECTS ;
300+RANSPORTATION ELECTRIFICATION PROJECTS ;3
163301 (E) P
164-ROJECTS PRODUCING OR UTILIZING CLEAN HYDROGEN . IF CLEAN
165-HYDROGEN PROJECTS ARE PROPOSED TO RECEIVE GRANT MONEY
166-, THE OFFICE
167-SHALL PRIORITIZE GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS
168-THAT UTILIZE GREEN HYDROGEN THROUGH ELECTROLYSIS POWERED
169-ENTIRELY BY RENEWABLE ELECTRIC RESOURCES OVER GRANT APPLICATIONS
170-FOR CLEAN HYDROGEN PROJECTS THAT UTILIZE ANY OTHER CLEAN
171-HYDROGEN PRODUCTION TECHNOLOGY
172-, WHICH OTHER CLEAN HYDROGEN
173-PROJECTS
174-, IF AWARDED GRANT MONEY , MUST COMPLY WITH SECTION 42
175-U.S.C.
176- SEC. 16152 (1).
177-PAGE 4-SENATE BILL 22-193 (F) PROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL
178-FACILITIES AND DIRECT AIR CAPTURE PROJECTS
179-;
302+ROJECTS PRODUCING OR UTILIZING CLEAN
303+HYDROGEN. IF4
304+CLEAN HYDROGEN PROJECTS ARE PROPOSED TO RECEIVE GRANT MONEY,5
305+THE OFFICE SHALL PRIORITIZE GRANT APPLICATIONS FOR CLEAN6
306+HYDROGEN PROJECTS THAT UTILIZE GREEN HYDROGEN THROUGH7
307+ELECTROLYSIS POWERED ENTIRELY BY RENEWABLE ELECTRIC RESOURCES8
308+OVER GRANT APPLICATIONS FOR CLEAN HYDROGEN PROJECTS THAT9
309+UTILIZE ANY OTHER CLEAN HYDROGEN PRODUCTION TECHNOLOGY , WHICH10
310+OTHER CLEAN HYDROGEN PROJECTS , IF AWARDED GRANT MONEY, MUST11
311+COMPLY WITH SECTION 42 U.S.C. SEC. 16152 (1).12
312+(F) P
313+ROJECTS INVOLVING CARBON CAPTURE AT INDUSTRIAL13
314+FACILITIES AND DIRECT AIR CAPTURE PROJECTS;
315+14
180316 (G) M
181317 ETHANE CAPTURE FROM LANDFILLS , SEWAGE TREATMENT
182-PLANTS
183-, ACTIVE OR INACTIVE COAL MINES, OR AGRICULTURAL OPERATIONS;
318+15
319+PLANTS, ACTIVE OR INACTIVE COAL MINES , OR AGRICULTURAL16
320+OPERATIONS;17
184321 (H) P
185-ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION
186-FUEL
187-; AND
188-(I) INDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;
322+ROJECTS PRODUCING OR UTILIZING SUSTAINABLE AVIATION18
323+FUEL; AND19
324+(I) I
325+NDUSTRIAL PROCESS CHANGES THAT REDUCE EMISSIONS ;20
189326 (III) D
190-EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT
191-PROGRAM
192-, WHICH CRITERIA MUST INCLUDE GIVING PRIORITY FOR
193-VOLUNTARY PROJECTS LOCATED IN
194-:
327+EVELOP CRITERIA FOR AWARDING MONEY UNDER THE GRANT21
328+PROGRAM, WHICH CRITERIA MUST
329+ INCLUDE GIVING PRIORITY FOR22
330+VOLUNTARY PROJECTS LOCATED IN :23
195331 (A) D
196-ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR
197-(B) NONATTAINMENT AREAS ;
332+ISPROPORTIONATELY IMPACTED COMMUNITIES ; OR24
333+(B) N
334+ONATTAINMENT AREAS ;25
198335 (IV) E
199-STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY THAT
200-AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT
201-PROGRAM
202-;
336+STABLISH THE MINIMUM AMOUNT OF MATCHING MONEY26
337+THAT AN APPLICANT NEEDS TO PROVIDE TO BE ELIGIBLE UNDER THE GRANT27
338+193
339+-8- PROGRAM;1
203340 (V) D
204-ETERMINE HOW A GRANTEE MUST DEMONSTRATE THAT A
341+ETERMINE HOW A GRANTEE MUST DEMONSTRATE THAT A2
205342 VOLUNTARY PROJECT REDUCES EMISSIONS OF AIR POLLUTANTS AND OZONE
206-PRECURSORS
207-, INCLUDING ANY MODELING REQUIREMENTS FOR PROJECT
208-EVALUATION AND MONITORING AND TESTING REQUIREMENTS DURING
209-PROJECT IMPLEMENTATION AND AFTER PROJECT COMPLETION
210-;
343+3
344+PRECURSORS, INCLUDING ANY MODELING REQUIREMENTS FOR PROJECT4
345+EVALUATION AND MONITORING AND TESTING REQUIREMENTS DURING5
346+PROJECT IMPLEMENTATION AND AFTER PROJECT COMPLETION ;6
211347 (VI) R
212-EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A GRANTEE
213-TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN
214-COMPLIANCE WITH THE PURPOSES OF THIS SECTION
215-; AND
216-(VII) ESTABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S
217-NONCOMPLIANCE WITH THIS SECTION
218-, INCLUDING PROCEDURES FOR
219-REIMBURSEMENT OF MONEY AWARDED
220-.
348+EQUIRE PERIODIC REPORTING REQUIREMENTS FOR A7
349+GRANTEE TO DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED8
350+IN COMPLIANCE WITH THE PURPOSES OF THIS SECTION ; AND9
351+(VII) E
352+STABLISH PROCEDURES FOR ADDRESSING A GRANTEE 'S10
353+NONCOMPLIANCE WITH THIS SECTION , INCLUDING PROCEDURES FOR11
354+REIMBURSEMENT OF MONEY AWARDED .12
221355 (4) T
222-HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
223-FUND TO COVER
224-:
225-PAGE 5-SENATE BILL 22-193 (a) THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN
226-ADMINISTERING THE GRANT PROGRAM
227-; AND
228-(b) INTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT THAT
229-THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE
230-DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN
231-ADMINISTERING THE GRANT PROGRAM
232-.
356+HE OFFICE MAY USE
357+UP TO NINE PERCENT OF THE MONEY IN13
358+THE FUND TO COVER:14
359+(a) T
360+HE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN15
361+ADMINISTERING THE GRANT PROGRAM ; AND16
362+(b) I
363+NTERAGENCY MONEY TRANSFERS FOR TECHNICAL SUPPORT17
364+THAT THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE18
365+DEPARTMENT OF NATURAL RESOURCES MAY PROVIDE THE OFFICE IN19
366+ADMINISTERING THE GRANT PROGRAM .20
233367 (5) Reporting. (a) O
234-N OR BEFORE JANUARY 1, 2025, AND ON OR
235-BEFORE
236-JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE SHALL PREPARE
237-A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM AND
238-SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND
239-ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY
240-COMMITTEE
241-, OR THEIR SUCCESSOR COMMITTEES. THE OFFICE SHALL POST A
242-COPY OF EACH REPORT ON ITS WEBSITE
243-.
244-(b) N
245-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
246-REQUIREMENTS SET FORTH IN SUBSECTION
247- (5)(a) OF THIS SECTION CONTINUE
248-UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SUBSECTION
249-(7) OF THIS
250-SECTION
251-.
368+N OR BEFORE JANUARY 1, 2025, AND ON OR21
369+BEFORE JANUARY 1 OF EACH YEAR THEREAFTER , THE OFFICE SHALL22
370+PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM23
371+AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY24
372+AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND25
373+ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE OFFICE26
374+SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE .27
375+193
376+-9- (b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
377+REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (5)(a) OF THIS2
378+SECTION CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO3
379+SUBSECTION (7) OF THIS SECTION.4
252380 (6) Fund. (a) (I) T
253-HE INDUSTRIAL AND M ANUFACTURING
254-OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE
255-STATE TREASURY
256-, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE
257-PURPOSES OF THIS SECTION
258-. THE FUND CONSISTS OF ANY MONEY THAT THE
259-GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR
260-IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR
261-GIFTS
262-, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION
263-(6)(a)(II) OF THIS SECTION.
381+HE INDUSTRIAL AND MANUFACTURING5
382+OPERATIONS CLEAN AIR GRANT PROGRAM CASH FUND IS CREATED IN THE6
383+STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE7
384+PURPOSES OF THIS SECTION. THE FUND CONSISTS OF ANY MONEY THAT THE8
385+GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR9
386+IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL MONEY OR10
387+GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION11
388+(6)(a)(II)
389+OF THIS SECTION.12
264390 (II) F
265-OR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,
266-ACCEPT, AND EXPEND:
391+OR THE PURPOSES OF THIS SECTION, THE OFFICE MAY SEEK,13
392+ACCEPT, AND EXPEND:14
267393 (A) M
268-ONEY FROM FEDERAL SOURCES ; AND
269-(B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
270-SOURCES
271-.
394+ONEY FROM FEDERAL SOURCES ; AND15
395+(B) G
396+IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC16
397+SOURCES.17
272398 (III) T
273-HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED PURSUANT
274-TO SUBSECTION
275- (6)(a)(II) OF THIS SECTION TO THE STATE TREASURER, WHO
276-PAGE 6-SENATE BILL 22-193 SHALL CREDIT THE MONEY TO THE FUND .
399+HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED18
400+PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION TO THE STATE19
401+TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .20
277402 (b) T
278-HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
279-THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION
280-. THE STATE
281-TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
282-DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND
283-. ANY
284-UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
285-END OF A STATE FISCAL YEAR REMAINS IN THE FUND
286-; EXCEPT THAT THE
287-STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE FUND
288-AT THE END OF THE
289-2027-28 STATE FISCAL YEAR TO THE GENERAL FUND .
403+HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO21
404+THE OFFICE FOR THE PURPOSES SET FORTH IN THIS SECTION . THE STATE22
405+TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE23
406+DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY24
407+UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT25
408+THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT26
409+THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE27
410+193
411+-10- FUND AT THE END OF THE 2027-28 STATE FISCAL YEAR TO THE GENERAL1
412+FUND.2
290413 (c) (I) O
291-N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
292-TWENTY
293--FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
414+N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER3
415+TWENTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .4
294416 (II) T
295-HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.
417+HIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.5
296418 (7) Repeal. T
297-HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,
298-2029.
299-24-38.5-117. Cannabis resource optimization cash fund -
300-creation - gifts, grants, or donations - repeal. (1) T
301-HE CANNABIS
302-RESOURCE OPTIMIZATION CASH FUND
303-, REFERRED TO IN THIS SECTION AS THE
304-"FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO ENERGY
305-OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF PROVIDING
306-ASSESSMENTS FINANCING
307-, GRANTS, CREDIT ENHANCEMENT OFFERINGS , AND
308-DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY AND WATER USE
309-,
310-PROMOTE RENEWABLE ENERGY , AND ENCOURAGE SUSTAINABLE PRACTICES
311-IN CANNABIS OPERATIONS
312-. THE FUND CONSISTS OF ANY MONEY THAT THE
313-GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND ANY
314-GIFTS
315-, GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION (3) OF
316-THIS SECTION
317-.
419+HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,6
420+2029.7
421+24-38.5-114. Cannabis resource optimization cash fund -8
422+creation - gifts, grants, or donations - repeal. (1) THE CANNABIS9
423+RESOURCE OPTIMIZATION CASH FUND , REFERRED TO IN THIS SECTION AS10
424+THE "FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO11
425+ENERGY OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF12
426+PROVIDING ASSESSMENTS FINANCING, GRANTS, CREDIT ENHANCEMENT13
427+OFFERINGS, AND DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY14
428+AND WATER USE, PROMOTE RENEWABLE ENERGY, AND ENCOURAGE15
429+SUSTAINABLE PRACTICES IN CANNABIS OPERATIONS. THE FUND CONSISTS16
430+OF ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR17
431+APPROPRIATE TO THE FUND AND ANY GIFTS, GRANTS, OR DONATIONS18
432+RECEIVED PURSUANT TO SUBSECTION (3) OF THIS SECTION.19
433+(2) THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO20
434+THE COLORADO ENERGY OFFICE FOR THE PURPOSES SET FORTH IN21
435+SUBSECTION (1) OF THIS SECTION. THE STATE TREASURER SHALL CREDIT22
436+ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT23
437+OF MONEY IN THE FUND TO THE FUND. 24
438+(3) THE COLORADO ENERGY OFFICE MAY SEEK, ACCEPT, AND25
439+EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC26
440+SOURCES.27
441+193
442+-11- (4) (a) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER1
443+ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL2
444+FUND TO THE FUND.3
445+(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2023.4
446+SECTION 2. In Colorado Revised Statutes, add part 4 to article5
447+38.5 of title 24 as follows:6
448+PART 47
449+COMMUNITY ACCESS TO8
450+ELECTRIC BICYCLES9
451+24-38.5-401. Legislative declaration. (1) T
452+HE GENERAL10
453+ASSEMBLY HEREBY FINDS AND DECLARES THAT :11
454+(a) T
455+RANSPORTATION IS THE LARGEST SINGLE SOURCE OF12
456+GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR13
457+CONTRIBUTING SOURCE OF OTHER FORMS OF POLLUTION , INCLUDING14
458+OZONE PRECURSORS, HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES,15
459+AND PARTICULATE POLLUTION ;16
460+(b) I
461+N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR17
462+VEHICLE TRIPS WERE SIX MILES OR LESS AND SEVENTY-FIVE PERCENT WERE18
463+TEN MILES OR LESS;19
464+(c) F
465+OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY20
466+BICYCLE, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;21
467+(d) E
468+LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC22
469+BICYCLES, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH23
470+MORE CHALLENGING TERRAIN , AND CARRY MORE CARGO;24
471+(e) A
472+ WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,25
473+ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY26
474+AFFORDABLE;27
475+193
476+-12- (f) ELECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN1
477+IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE2
478+TRANSPORTATION SECTOR ; AND3
479+(g) I
480+T IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER4
481+OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE5
482+ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW - AND6
483+MODERATE-INCOME HOUSEHOLDS.7
484+24-38.5-402. Definitions. A
485+S USED IN THIS PART 4, UNLESS THE8
486+CONTEXT OTHERWISE REQUIRES :9
487+(1) "B
488+IKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:10
489+(a) A
490+RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT11
491+ON A SHORT-TERM BASIS; AND12
492+(b) M
493+AY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND13
494+DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND14
495+RETURNED AT A SINGLE LOCATION .15
496+(2) "D
497+ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE16
498+MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).17
499+(3) "E
500+LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL18
501+ASSISTED BICYCLE" AS SET FORTH IN SECTION 42-1-102 (28.5).
502+"ELECTRIC19
503+BICYCLE" INCLUDES AN ELECTRIC ADAPTIVE BICYCLE .20
504+(4) "F
505+UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC21
506+BICYCLES CASH FUND CREATED IN SECTION 24-38.5-406 (1)(a).22
507+(5) "G
508+RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO23
509+ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION 24-38.5-403.24
510+(6) "L
511+OCAL GOVERNMENT" MEANS A STATUTORY OR HOME RULE25
512+MUNICIPALITY, COUNTY, OR CITY AND COUNTY.26
513+(7) "N
514+ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT27
515+193
516+-13- THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS1
517+BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY2
518+STANDARD.3
519+(8) "O
520+FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN4
521+SECTION 24-38.5-101.5
522+(9) "O
523+WNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES6
524+ELECTRIC BICYCLES, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS7
525+IN LOW- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE8
526+OFFICE.9
527+(10) "P
528+ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN10
529+OWNERSHIP PROGRAM.11
530+(11) "R
531+EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO12
532+ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION 24-38.5-404.13
533+24-38.5-403. Community access to electric bicycles grant14
534+program - creation - eligibility. (1) (a) (I) T
535+HE COMMUNITY ACCESS TO15
536+ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE16
537+SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL17
538+GOVERNMENTS, TRIBAL GOVERNMENTS,
539+ OR NONPROFIT ORGANIZATIONS18
540+ADMINISTER OR PLAN TO ADMINISTER IN THE STATE . THE OFFICE SHALL19
541+ADMINISTER THE GRANT PROGRAM . TO BE ELIGIBLE TO APPLY FOR MONEY20
542+UNDER THE GRANT PROGRAM , A LOCAL GOVERNMENT , TRIBAL21
543+GOVERNMENT, OR NONPROFIT ORGANIZATION MUST ADMINISTER OR PLAN22
544+TO ADMINISTER, OR CONTRACT WITH A THIRD PARTY TO ADMINISTER :23
545+(A) A
546+ BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC24
547+BICYCLES; OR25
548+(B) A
549+N OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO26
550+A SPECIFIC INDIVIDUAL OR HOUSEHOLD;27
551+193
552+-14- (II) A LOCAL GOVERNMENT, TRIBAL GOVERNMENT, OR NONPROFIT1
553+ORGANIZATION AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE2
554+THE MONEY TO PURCHASE AND MAINTAIN ELECTRIC BICYCLES ,3
555+EQUIPMENT, AND INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR4
556+OWNERSHIP PROGRAM, PAY LABOR COSTS RELATED TO IMPLEMENTATION5
557+OF THE PROGRAM, AND COVER THE DIRECT AND INDIRECT ADMINISTRATIVE6
558+COSTS THAT THE LOCAL GOVERNMENT , TRIBAL GOVERNMENT , THE7
559+NONPROFIT ORGANIZATION, OR A THIRD-PARTY CONTRACTOR INCURS IN8
560+IMPLEMENTING THE PROGRAM .9
561+(b) I
562+N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL10
563+ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS , TRIBAL
564+11
565+GOVERNMENTS, AND NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR12
566+MONEY UNDER THE GRANT PROGRAM . THE OFFICE SHALL POST13
567+INFORMATION ABOUT THE APPLICATION PROCESS ON ITS WEBSITE .14
568+(2) T
569+HE OFFICE SHALL DEVELOP:15
570+(a) C
571+RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA16
572+MUST
573+ INCLUDE:17
574+(I) G
575+IVING PRIORITY TO LOCAL GOVERNMENTS , TRIBAL
576+18
577+GOVERNMENTS, AND NONPROFIT ORGANIZATIONS OFFERING A PROGRAM19
578+IN:20
579+(A) O
580+NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;21
581+OR22
582+(B) O
583+NE OR MORE NONATTAINMENT AREAS ;23
584+(II) A
585+ REQUIREMENT THAT THE LOCAL GOVERNMENT OR24
586+NONPROFIT ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF25
587+MATCHING MONEY FOR THE PROGRAM ; AND26
588+(III) A
589+ REQUIREMENT THAT A LOCAL GOVERNMENT , TRIBAL
590+27
591+193
592+-15- GOVERNMENT, OR NONPROFIT ORGANIZATION THAT APPLIES FOR GRANT1
593+MONEY FOR A PLANNED , BUT NOT YET IMPLEMENTED , PROGRAM2
594+DEMONSTRATE TO THE SATISFACTION OF THE OFFICE THAT THE LOCAL3
595+GOVERNMENT, TRIBAL GOVERNMENT , OR NONPROFIT ORGANIZATION ,4
596+AFTER RECEIVING MONEY UNDER THE GRANT PROGRAM , WILL BE ABLE TO5
597+START IMPLEMENTING THE PROGRAM WITHIN A CERTAIN NUMBER OF6
598+MONTHS AFTER RECEIVING THE MONEY , AS DETERMINED BY THE OFFICE;7
599+(b) P
600+ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO8
601+DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE9
602+WITH THE PURPOSES OF THIS SECTION; AND10
603+(c) P
604+ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE11
605+WITH THIS SECTION, INCLUDING PROCEDURES FOR REIMBURSEMENT OF12
606+MONEY AWARDED .13
607+(3) T
608+HE OFFICE MAY USE
609+UP TO NINE PERCENT OF THE MONEY IN14
610+THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS15
611+IN ADMINISTERING THE GRANT PROGRAM .16
612+24-38.5-404. Community access to electric bicycles rebate17
613+program - eligibility - reimbursement. (1) T
614+HE OFFICE SHALL18
615+ESTABLISH THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE19
616+PROGRAM TO PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES20
617+AND EQUIPMENT
618+ MADE BY ELIGIBLE INDIVIDUALS , BUSINESSES, AND21
619+NONPROFIT ORGANIZATIONS. IN ESTABLISHING THE REBATE PROGRAM , THE22
620+OFFICE SHALL DETERMINE:23
621+(a) E
622+LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM ,24
623+WHICH ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT :25
624+(I) A
625+N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR26
626+MODERATE-INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE27
627+193
628+-16- SHALL DETERMINE;1
629+(II) A
630+N ELIGIBLE BUSINESS OR NONPROFIT ORGANIZATION USES
631+2
632+ELECTRIC BICYCLES TO CONDUCT ITS BUSINESS ACTIVITIES ;3
633+(III) TO QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN4
634+ELECTRIC BICYCLE AND EQUIPMENT THAT:5
635+(A) A
636+RE
637+ USED PRIMARILY FOR COMMUTING OR OTHER6
638+NONRECREATIONAL PURPOSE ; AND7
639+(B) C
640+OST
641+ LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE8
642+OFFICE; AND9
643+(IV) T
644+O QUALIFY FOR A REBATE , A BUSINESS OR NONPROFIT
645+10
646+ORGANIZATION THAT PURCHASES AN ELECTRIC BICYCLE MUST USE THE11
647+ELECTRIC BICYCLE PRIMARILY TO CONDUCT ITS BUSINESS ACTIVITIES ,12
648+INCLUDING MAKING LAST -MILE DELIVERIES, AND FOR OTHER13
649+NONRECREATIONAL PURPOSES .14
650+(b) R
651+EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING15
652+REBATE AMOUNTS; AND16
653+(c) T
654+HE MECHANISM FOR ISSUING A REBATE , WHICH MECHANISM17
655+MAY INCLUDE:18
656+(I) A
657+ REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST19
658+TO THEIR ELIGIBILITY FOR A REBATE; AND20
659+(II) V
660+ENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A21
661+QUALIFYING ELECTRIC BICYCLE AND EQUIPMENT
662+ AT A DISCOUNT TO AN22
663+INDIVIDUAL, BUSINESS, OR NONPROFIT ORGANIZATION THAT IS ELIGIBLE TO23
664+PARTICIPATE UNDER THE REBATE PROGRAM .24
665+(2) T
666+HE OFFICE MAY USE
667+UP TO NINE PERCENT OF THE MONEY IN25
668+THE FUND TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN26
669+ADMINISTERING THE REBATE PROGRAM .27
670+193
671+-17- 24-38.5-405. Reporting. (1) O N OR BEFORE JANUARY 1, 2025,1
672+AND ON OR BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE2
673+SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT3
674+PROGRAM AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE4
675+HOUSE OF REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT5
676+COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE ,6
677+OR THEIR SUCCESSOR COMMITTEES . THE OFFICE SHALL POST A COPY OF7
678+EACH REPORT ON ITS WEBSITE.8
679+(2) N
680+OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE9
681+REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION10
682+CONTINUE UNTIL THE GRANT PR OGRAM AND REBATE PROGRAM REPEAL11
683+PURSUANT TO SECTION 24-38.5-407.12
684+24-38.5-406. Community access to electric bicycles cash fund13
685+- creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
686+HE14
687+COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN15
688+THE STATE TREASURY, AND THE OFFICE SHALL ADMINISTER THE FUND FOR16
689+THE PURPOSES OF THIS PART 4. THE FUND CONSISTS OF ANY MONEY THAT17
690+THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND18
691+FOR IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE19
692+PROGRAM AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS20
693+RECEIVED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.21
694+(b) (I) F
695+OR THE PURPOSES OF THIS PART 4, THE OFFICE MAY SEEK,22
696+ACCEPT, AND EXPEND:23
697+(A) M
698+ONEY FROM FEDERAL SOURCES ; AND24
699+(B) G
700+IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC25
701+SOURCES.26
702+(II) T
703+HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED27
704+193
705+-18- PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE1
706+TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .2
318707 (2) T
319708 HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
320-THE
321-COLORADO ENERGY OFFICE FOR THE PURPOSES SET FORTH IN
322-SUBSECTION
323-(1) OF THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL
324-INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF
325-MONEY IN THE FUND TO THE FUND
326-.
709+3
710+THE OFFICE FOR THE PURPOSES SET FORTH IN THIS PART 4. THE STATE4
711+TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE5
712+DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . ANY6
713+UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT7
714+THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT8
715+THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE9
716+FUND AT THE END OF THE 2026-27 STATE FISCAL YEAR TO THE GENERAL10
717+FUND.11
718+(3) (a) O
719+N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER12
720+TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .13
721+(b) T
722+HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.14
723+24-38.5-407. Repeal of part. T
724+HIS PART 4 IS REPEALED, EFFECTIVE15
725+S
726+EPTEMBER 1, 2028.16
727+SECTION 3. In Colorado Revised Statutes, add
728+part 14 to article17
729+7 of title 25 as follows:18
730+ PART 1419
731+ELECTRIFYING SCHOOL BUSES20
732+GRANT PROGRAM21
733+25-7-1401. Legislative declaration. (1) T HE GENERAL ASSEMBLY22
734+FINDS THAT:23
735+(a) D
736+ISPROPORTIONATELY IMPACTED COMMUNITIES ARE24
737+DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN25
738+OXIDES ARISING FROM FOSSIL-FUEL-POWERED SCHOOL BUSES, ESPECIALLY26
739+BECAUSE THE FLEET YARDS , WAREHOUSES, FUEL DEPOTS, AND27
740+193
741+-19- INTERSTATES USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN1
742+LOCATED IN DISPROPORTIONATELY IMPACTED COMMUNITIES ;2
743+(b) I
744+N ADDITION TO EXPOSURE TO PARTICULATE MATTER AND3
745+NITROGEN OXIDES IN THEIR COMMUNITIES , SCHOOL CHILDREN ARE ALSO4
746+EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF5
747+RIDING ON FOSSIL-FUEL-POWERED SCHOOL BUSES;6
748+(c) A
749+ TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO7
750+ELECTRIC-POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL8
751+CHILDREN'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING9
752+POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED10
753+COMMUNITIES;11
754+(d) T
755+HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",12
756+P
757+UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO13
758+SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET , AND A STATE14
759+PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE15
760+THE FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO16
761+ALLOW SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS ; AND17
762+(e) A
763+ TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE18
764+BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE :19
765+(I)
766+ IF THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS20
767+MANAGED TO SUPPORT GRID OPERATIONS ; AND21
768+(II) T
769+HROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC22
770+SCHOOL BUSES:23
771+(A) A
772+S A SOURCE OF RENEWABLE ENERGY THROUGH24
773+VEHICLE-TO-GRID OPERATIONS; AND25
774+(B) A
775+S A COMMUNITY RESILIENCE RESOURCE TO HELP26
776+COMMUNITIES AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING27
777+193
778+-20- ELECTRIC GRID INTERRUPTIONS.1
779+(2) T
780+HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :2
781+(a) T
782+HE STATE SHOULD HELP SCHOOL DISTRICTS PROCURE
783+ AND3
784+MAINTAIN ELECTRIC -POWERED SCHOOL BUSES AND RELATED4
785+INFRASTRUCTURE, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO5
786+ELECTRIC-POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED6
787+RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND7
788+(b) S
789+CHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO8
790+OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER9
791+FINANCE THE TRANSITION TO AN ELECTRIC-POWERED SCHOOL BUS FLEET.1025-7-1402. Definitions. AS USED IN THIS PART 14, UNLESS THE11
792+CONTEXT OTHERWISE REQUIRES :12
793+(1) "C
794+HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED13
795+PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER14
796+SCHOOL INSTITUTE ESTABLISHED PURSUANT TO SECTION 22-30.5-503, OR15
797+AN INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 5 OF16
798+ARTICLE 30.5 OF TITLE 22.17
799+(2) "D
800+EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH18
801+AND ENVIRONMENT.19
802+(3) "D
803+ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE20
804+MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).21
805+(4) "E
806+LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT22
807+IS POWERED SOLELY BY ELECTRICITY.23
808+(5) "F
809+OSSIL-FUEL-POWERED SCHOOL BUS" MEANS A SCHOOL BUS24
810+POWERED BY DIESEL FUEL OR GASOLINE .25
811+(6) "F
812+UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT26
813+PROGRAM CASH FUND CREATED IN SECTION
814+25-7-1405 (1)(a).27
815+193
816+-21- (7) "GRANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES1
817+GRANT PROGRAM CREATED IN SECTION 25-7-1403.2
818+(8) "N
819+ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT3
820+THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS4
821+BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD .5
822+(9) "O
823+FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN6
824+SECTION 24-38.5-101.7
825+(10) "S
826+CHOOL BUS":8
827+(a) H
828+AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND9
829+(b) I
830+NCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN,10
831+OR SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES11
832+AS PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF12
833+STUDENTS FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL -RELATED13
834+PROGRAMMING OR ACTIVITIES.14
835+(11) "S
836+CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED15
837+PURSUANT TO ARTICLE 30 OF TITLE 22. "SCHOOL DISTRICT" INCLUDES
838+16
839+SCHOOLS OPERATED BY TRIBAL GOVERNMENTS .17
840+25-7-1403. Electrifying school buses grant program - creation18
841+- eligibility. (1) (a) (I) T
842+HE ELECTRIFYING SCHOOL BUSES GRANT19
843+PROGRAM IS CREATED TO ALLOW A SCHOOL DISTRICT , CHARTER SCHOOL,
844+20
845+OR NONPROFIT PARTNER ACTING ON BEHALF OF A SCHOOL DISTRICT OR21
846+CHARTER SCHOOL TO APPLY TO THE DEPARTMENT FOR GRANT MONEY TO22
847+HELP FINANCE:23
848+(A) T
849+HE PROCUREMENT
850+ AND MAINTENANCE OF24
851+ELECTRIC-POWERED SCHOOL BUSES , THE CONVERSION OF25
852+FOSSIL-FUEL-POWERED SCHOOL BUSES TO ELECTRIC -POWERED SCHOOL26
853+BUSES, CHARGING INFRASTRUCTURE , AND ELECTRICAL UPGRADES27
854+193
855+-22- NECESSARY TO SUPPORT CHARGING INFRASTRUCTURE ;1
856+(B) T
857+HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES;2
858+AND3
859+(C) T
860+HE SCHOOL DISTRICT 'S OR CHARTER SCHOOL 'S4
861+ADMINISTRATIVE COSTS ASSOCIATED WITH SUCH PROCUREMENTS ,
862+5
863+CONVERSIONS, MAINTENANCE, OR RETIREMENTS , INCLUDING ANY6
864+UP-FRONT ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND7
865+IMPLEMENTING A PROPOSAL FOR THE PROCUREMENTS , CONVERSIONS,8
866+MAINTENANCE, OR RETIREMENTS.9
867+(II) T
868+HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,10
869+AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT11
870+PROGRAM AS NEEDED.
871+THE DEPARTMENT OF EDUCATION MAY PROVIDE UP12
872+TO ONE-HALF OF ONE FULL-TIME EQUIVALENT EMPLOYEE TO ASSIST WITH13
873+THE GRANT PROGRAM BY PROVIDING TECHNICAL ASSISTANCE TO SCHOOL14
874+DISTRICTS AND CHARTER SCHOOLS WITH RESPECT TO APPLYING FOR GRANT15
875+MONEY AND IMPLEMENTING PROJECTS AWARDED GRANT MONEY .16
876+(b) T
877+HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS17
878+FOR SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NONPROFIT PARTNERS
879+18
880+ACTING ON BEHALF OF SCHOOL DISTRICTS OR CHARTER SCHOOLS TO APPLY19
881+FOR MONEY UNDER THE GRANT PROGRAM AND :20
882+(I) P
883+OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION21
884+PROCESS, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT22
885+DEVELOPS FOR THE GRANT PROGRAM , ON ITS WEBSITE; AND23
886+(II) S
887+HARE THE GRANT PROGRAM APPLICATION PROCESS24
888+INFORMATION WITH THE DEPARTMENT OF EDUCATION , WHICH25
889+DEPARTMENT SHALL POST THE INFORMATION ON ITS WEBSITE .26
890+(2) T
891+HE DEPARTMENT SHALL DEVELOP :27
892+193
893+-23- (a) CRITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA1
894+MUST INCLUDE:2
895+(I) G
896+IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER3
897+SCHOOLS:4
898+(A) L
899+OCATED IN OR ATTENDED BY STUDENTS LIVING IN5
900+DISPROPORTIONATELY IMPACTED COMMUNITIES ;6
901+(B) L
902+OCATED IN NONATTAINMENT AREAS ; OR7
903+(C) A
904+T WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS8
905+DETERMINED BY THE DEPARTMENT , RECEIVE FREE OR REDUCED-PRICE9
906+LUNCHES UNDER A SCHOOL LUNCH PROGRAM ; AND10
907+(II) A
908+ REQUIREMENT THAT, AS A CONDITION OF RECEIVING A11
909+GRANT AWARD, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN12
910+PERCENTAGE OF THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES, RETIRE OR13
911+CONVERT THEIR FOSSIL-FUEL-POWERED SCHOOL BUSES IN A CERTAIN14
912+MANNER, OR BOTH;15
913+(b) P
914+ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO16
915+DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE17
916+WITH THIS
917+PART 14; AND18
918+(c) P
919+ROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE19
920+WITH THIS
921+PART 14, INCLUDING PROCEDURES FOR REIMBURSEMENT OF20
922+MONEY AWARDED .21
327923 (3) T
328-HE COLORADO ENERGY OFFICE MAY SEEK , ACCEPT, AND EXPEND
329-GIFTS
330-, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES .
331-PAGE 7-SENATE BILL 22-193 (4) (a) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
332-ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND
333-TO THE FUND
334-.
924+HE DEPARTMENT MAY USE
925+UP TO EIGHT PERCENT OF THE22
926+MONEY IN THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE23
927+DEPARTMENT INCURS IN ADMINISTERING THE GRANT PROGRAM .24
928+25-7-1404. Reporting. (1) O N OR BEFORE JANUARY 1, 2025, AND25
929+ON OR BEFORE JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER ,26
930+THE DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS27
931+193
932+-24- OF THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF1
933+REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND2
934+ENVIRONMENT COMMITTEE AND THE SENATE EDUCATION COMMITTEE AND3
935+TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR4
936+COMMITTEES. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON5
937+ITS WEBSITE.6
938+(2) N
939+OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE7
940+REPORTING REQUIREMENTS SET FORTH IN SUBSECTION (1) OF THIS SECTION8
941+CONTINUE UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION925-7-1406.10
942+25-7-1405. Electrifying school buses grant program cash fund11
943+- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
944+HE12
945+ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN13
946+THE STATE TREASURY, AND THE DEPARTMENT SHALL ADMINISTER THE14
947+FUND FOR THE PURPOSES OF THIS
948+PART 14. THE FUND CONSISTS OF ANY15
949+MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE16
950+TO THE FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY17
951+FEDERAL MONEY OR GIFTS, GRANTS, OR DONATIONS RECEIVED PURSUANT18
952+TO SUBSECTION (1)(b) OF THIS SECTION.19
953+(b) (I) F
954+OR THE PURPOSES OF THIS
955+PART 14, THE DEPARTMENT MAY20
956+SEEK, ACCEPT, AND EXPEND:21
957+(A) M
958+ONEY FROM FEDERAL SOURCES ; AND22
959+(B) G
960+IFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC23
961+SOURCES.24
962+(II) T
963+HE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED25
964+PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION TO THE STATE26
965+TREASURER, WHO SHALL CREDIT THE MONEY TO THE FUND .27
966+193
967+-25- (2) THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO1
968+THE DEPARTMENT, AND THE DEPARTMENT MAY EXPEND MONEY IN THE2
969+FUND FOR THE PURPOSES SET FORTH IN THIS PART 14. THE STATE3
970+TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE4
971+DEPOSIT AND INVESTMENT OF MONEY IN THE F UND TO THE FUND . ANY5
972+UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT6
973+THE END OF A STATE FISCAL YEAR REMAINS IN THE FUND ; EXCEPT THAT7
974+THE STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE8
975+FUND AT THE END OF THE 2032-33 STATE FISCAL YEAR TO THE GENERAL9
976+FUND.10
977+(3) (a) O
978+N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER11
979+SIXTY-FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .12
335980 (b) T
336-HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2023.
337-SECTION 2. In Colorado Revised Statutes, add part 5 to article
338-38.5 of title 24 as follows:
339-PART 5
340-COMMUNITY ACCESS TO
341-ELECTRIC BICYCLES
342-24-38.5-501. Legislative declaration. (1) T
343-HE GENERAL ASSEMBLY
344-HEREBY FINDS AND DECLARES THAT
345-:
346-(a) T
347-RANSPORTATION IS THE LARGEST SINGLE SOURCE OF
348-GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR CONTRIBUTING
349-SOURCE OF OTHER FORMS OF POLLUTION
350-, INCLUDING OZONE PRECURSORS ,
351-HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES, AND PARTICULATE
352-POLLUTION
353-;
354-(b) I
355-N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR VEHICLE
356-TRIPS WERE SIX MILES OR LESS AND SEVENTY
357--FIVE PERCENT WERE TEN MILES
358-OR LESS
359-;
360-(c) F
361-OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY
362-BICYCLE
363-, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;
364-(d) E
365-LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC
366-BICYCLES
367-, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH MORE
368-CHALLENGING TERRAIN
369-, AND CARRY MORE CARGO;
370-(e) A
371- WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,
372-ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY
373-AFFORDABLE
374-;
375-(f) E
376-LECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN
377-IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE
378-TRANSPORTATION SECTOR
379-; AND
380-PAGE 8-SENATE BILL 22-193 (g) IT IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER
381-OF ELECTRIC BICYCLES USED FOR TRANSPORTATION AND TO INCREASE THE
382-ACCESSIBILITY OF ELECTRIC BICYCLES TO INDIVIDUALS IN LOW
383-- AND
384-MODERATE
385--INCOME HOUSEHOLDS.
386-24-38.5-502. Definitions. A
387-S USED IN THIS PART 5, UNLESS THE
388-CONTEXT OTHERWISE REQUIRES
389-:
390-(1) "B
391-IKE SHARE PROGRAM" MEANS A SERVICE IN WHICH BICYCLES:
392-(a) A
393-RE MADE PUBLICLY AVAILABLE TO MULTIPLE USERS FOR RENT
394-ON A SHORT
395--TERM BASIS; AND
396-(b) MAY EITHER BE PICKED UP IN ONE PUBLIC LOCATION AND
397-DROPPED OFF AT ANOTHER PUBLIC LOCATION OR BE CHECKED OUT AND
398-RETURNED AT A SINGLE LOCATION
399-.
400-(2) "D
401-ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
402-MEANING SET FORTH IN SECTION
403-24-4-109 (2)(b)(II).
404-(3) "E
405-LECTRIC BICYCLE" HAS THE SAME MEANING AS "ELECTRICAL
406-ASSISTED BICYCLE
407-" AS SET FORTH IN SECTION 42-1-102 (28.5). "ELECTRIC
408-BICYCLE
409-" INCLUDES AN ELECTRIC ADAPTIVE BICYCLE .
410-(4) "F
411-UND" MEANS THE COMMUNITY ACCESS TO ELECTRIC BICYCLES
412-CASH FUND CREATED IN SECTION
413-24-38.5-506 (1)(a).
414-(5) "G
415-RANT PROGRAM" MEANS THE COMMUNITY ACCESS TO
416-ELECTRIC BICYCLES GRANT PROGRAM CREATED IN SECTION
417-24-38.5-503.
418-(6) "L
419-OCAL GOVERNMENT " MEANS A STATUTORY OR HOME RULE
420-MUNICIPALITY
421-, COUNTY, OR CITY AND COUNTY.
422-(7) "N
423-ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
424-THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
425-BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY
426-STANDARD
427-.
428-(8) "O
429-FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
430-SECTION
431-24-38.5-101.
432-PAGE 9-SENATE BILL 22-193 (9) "OWNERSHIP PROGRAM" MEANS A PROGRAM THAT PROVIDES
433-ELECTRIC BICYCLES
434-, EQUIPMENT, AND RELATED SERVICES TO INDIVIDUALS
435-IN LOW
436-- AND MODERATE-INCOME HOUSEHOLDS, AS DETERMINED BY THE
437-OFFICE
438-.
439-(10) "P
440-ROGRAM" MEANS A BIKE SHARE PROGRAM OR AN OWNERSHIP
441-PROGRAM
442-.
443-(11) "R
444-EBATE PROGRAM" MEANS THE COMMUNITY ACCESS TO
445-ELECTRIC BICYCLES REBATE PROGRAM CREATED IN SECTION
446-24-38.5-504.
447-24-38.5-503. Community access to electric bicycles grant
448-program - creation - eligibility. (1) (a) (I) T
449-HE COMMUNITY ACCESS TO
450-ELECTRIC BICYCLES GRANT PROGRAM IS CREATED TO HELP FINANCE BIKE
451-SHARE PROGRAMS AND OWNERSHI P PROGRAMS THAT LOCAL GOVERNMENTS
452-,
453-TRIBAL GOVERNMENTS , OR NONPROFIT ORGANIZATIONS ADMINISTER OR
454-PLAN TO ADMINISTER IN THE STATE
455-. THE OFFICE SHALL ADMINISTER THE
456-GRANT PROGRAM
457-. TO BE ELIGIBLE TO APPLY FOR MONEY UNDER THE GRANT
458-PROGRAM
459-, A LOCAL GOVERNMENT , TRIBAL GOVERNMENT, OR NONPROFIT
460-ORGANIZATION MUST ADMINISTER OR PLAN TO ADMINISTER
461-, OR CONTRACT
462-WITH A THIRD PARTY TO ADMINISTER
463-:
464-(A) A
465- BIKE SHARE PROGRAM USING A FLEET OF ELECTRIC BICYCLES ;
466-OR
467-(B) AN OWNERSHIP PROGRAM OFFERING AN ELECTRIC BICYCLE TO A
468-SPECIFIC INDIVIDUAL OR HOUSEHOLD
469-;
470-(II) A
471- LOCAL GOVERNMENT, TRIBAL GOVERNMENT, OR NONPROFIT
472-ORGANIZATION AWARDED MONEY UNDER THE GRANT PROGRAM MAY USE
473-THE MONEY TO PURCHASE AND MAINTAIN ELECTRIC BICYCLES
474-, EQUIPMENT,
475-AND INFRASTRUCTURE FOR ITS BIKE SHARE PROGRAM OR OWNERSHIP
476-PROGRAM
477-, PAY LABOR COSTS RELATED TO IMPLEMENTATION OF THE
478-PROGRAM
479-, AND COVER THE DIRECT AND INDIRECT ADMINISTRATIVE COSTS
480-THAT THE LOCAL GOVERNMENT
481-, THE TRIBAL GOVERNMENT, THE NONPROFIT
482-ORGANIZATION
483-, OR A THIRD-PARTY CONTRACTOR INCURS IN IMPLEMENTING
484-THE PROGRAM
485-.
486-(b) I
487-N ADMINISTERING THE GRANT PROGRAM , THE OFFICE SHALL
488-ESTABLISH AN APPLICATION PROCESS FOR LOCAL GOVERNMENTS
489-, TRIBAL
490-PAGE 10-SENATE BILL 22-193 GOVERNMENTS, AND NONPROFIT ORGANIZATIONS TO USE TO APPLY FOR
491-MONEY UNDER THE GRANT PROGRAM
492-. THE OFFICE SHALL POST INFORMATION
493-ABOUT THE APPLICATION PROCESS ON ITS WEBSITE
494-.
495-(2) T
496-HE OFFICE SHALL DEVELOP:
497-(a) C
498-RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MUST
499-INCLUDE
500-:
501-(I) G
502-IVING PRIORITY TO LOCAL GOVERNMENTS , TRIBAL
503-GOVERNMENTS
504-, AND NONPROFIT ORGANIZATIONS OFFERING A PROGRAM IN :
505-(A) O
506-NE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES ;
507-OR
508-(B) ONE OR MORE NONATTAINMENT AREAS ;
509-(II) A
510- REQUIREMENT THAT THE LOCAL GOVERNMENT OR NONPROFIT
511-ORGANIZATION PROVIDE AT LEAST A CERTAIN PERCENTAGE OF MATCHING
512-MONEY FOR THE PROGRAM
513-; AND
514-(III) A REQUIREMENT THAT A LOCAL GOVERNMENT , TRIBAL
515-GOVERNMENT
516-, OR NONPROFIT ORGANIZATION THAT APPLIES FOR GRANT
517-MONEY FOR A PLANNED
518-, BUT NOT YET IMPLEMENTED , PROGRAM
519-DEMONSTRATE TO THE SATISFACTION OF THE OFFICE THAT THE LOCAL
520-GOVERNMENT
521-, TRIBAL GOVERNMENT, OR NONPROFIT ORGANIZATION, AFTER
522-RECEIVING MONEY UNDER THE GRANT PROGRAM
523-, WILL BE ABLE TO START
524-IMPLEMENTING THE PROGRAM WITHIN A CERTAIN NUMBER OF MONTHS AFTER
525-RECEIVING THE MONEY
526-, AS DETERMINED BY THE OFFICE;
527-(b) P
528-ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO
529-DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE
530-WITH THE PURPOSES OF THIS SECTION
531-; AND
532-(c) PROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE
533-WITH THIS SECTION
534-, INCLUDING PROCEDURES FOR REIMBURSEMENT OF
535-MONEY AWARDED
536-.
537-(3) T
538-HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
539-FUND TO COVER THE DIRECT AND INDIRECT COSTS THE OFFICE INCURS IN
540-PAGE 11-SENATE BILL 22-193 ADMINISTERING THE GRANT PROGRAM .
541-24-38.5-504. Community access to electric bicycles rebate
542-program - eligibility - reimbursement. (1) T
543-HE OFFICE SHALL ESTABLISH
544-THE COMMUNITY ACCESS TO ELECTRIC BICYCLES REBATE PROGRAM TO
545-PROVIDE REBATES FOR PURCHASES OF ELECTRIC BICYCLES AND EQUIPMENT
546-MADE BY ELIGIBLE INDIVIDUALS
547-, BUSINESSES, AND NONPROFIT
548-ORGANIZATIONS
549-. IN ESTABLISHING THE REBATE PROGRAM , THE OFFICE
550-SHALL DETERMINE
551-:
552-(a) E
553-LIGIBILITY FOR PARTICIPATION IN THE REBATE PROGRAM, WHICH
554-ELIGIBILITY MUST INCLUDE A REQUIREMENT THAT
555-:
556-(I) A
557-N ELIGIBLE INDIVIDUAL RESIDES IN A LOW - OR
558-MODERATE
559--INCOME HOUSEHOLD, WHICH INCOME THRESHOLDS THE OFFICE
560-SHALL DETERMINE
561-;
562-(II) A
563-N ELIGIBLE BUSINESS OR NONPROFIT ORGANIZATION USES
564-ELECTRIC BICYCLES TO CONDUCT ITS BUSINESS ACTIVITIES
565-;
566-(III) T
567-O QUALIFY FOR A REBATE, THE PURCHASE MUST BE OF AN
568-ELECTRIC BICYCLE AND EQUIPMENT THAT
569-:
570-(A) A
571-RE USED PRIMARILY FOR COMMUTING OR OTHER
572-NONRECREATIONAL PURPOSE
573-; AND
574-(B) COST LESS THAN A MAXIMUM THRESHOLD PRICE SET BY THE
575-OFFICE
576-; AND
577-(IV) TO QUALIFY FOR A REBATE , A BUSINESS OR NONPROFIT
578-ORGANIZATION THAT PURCHASES AN ELECTRIC BICYCLE MUST USE THE
579-ELECTRIC BICYCLE PRIMARILY TO CONDUCT ITS BUSINESS ACTIVITIES
580-,
581-INCLUDING MAKING LAST -MILE DELIVERIES, AND FOR OTHER
582-NONRECREATIONAL PURPOSES
583-.
584-(b) R
585-EBATE AMOUNTS AND ANY CRITERIA USED IN DETERMINING
586-REBATE AMOUNTS
587-; AND
588-(c) THE MECHANISM FOR ISSUING A REBATE, WHICH MECHANISM MAY
589-INCLUDE
590-:
591-PAGE 12-SENATE BILL 22-193 (I) A REQUIREMENT THAT REBATE PROGRAM PARTICIPANTS ATTEST
592-TO THEIR ELIGIBILITY FOR A REBATE
593-; AND
594-(II) VENDOR PAYMENTS MADE TO BICYCLE SHOPS THAT SELL A
595-QUALIFYING ELECTRIC BICYCLE AND EQUIPMENT AT A DISCOUNT TO AN
596-INDIVIDUAL
597-, BUSINESS, OR NONPROFIT ORGANIZATION THAT IS ELIGIBLE TO
598-PARTICIPATE UNDER THE REBATE PROGRAM
599-.
600-(2) T
601-HE OFFICE MAY USE UP TO NINE PERCENT OF THE MONEY IN THE
602-FUND TO COVER ITS DIRECT AND INDIRECT COSTS INCURRED IN
603-ADMINISTERING THE REBATE PROGRAM
604-.
605-24-38.5-505. Reporting. (1) O
606-N OR BEFORE JANUARY 1, 2025, AND
607-ON OR BEFORE
608-JANUARY 1 OF EACH YEAR THEREAFTER, THE OFFICE SHALL
609-PREPARE A REPORT SUMMARIZING THE PROGRESS OF THE GRANT PROGRAM
610-AND THE REBATE PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF
611-REPRESENTATIVES TRANSPORTATION AND LOCAL GOVERNMENT COMMITTEE
612-AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE
613-, OR THEIR
614-SUCCESSOR COMMITTEES
615-. THE OFFICE SHALL POST A COPY OF EACH REPORT
616-ON ITS WEBSITE
617-.
618-(2) N
619-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
620-REQUIREMENTS SET FORTH IN SUBSECTION
621-(1) OF THIS SECTION CONTINUE
622-UNTIL THE GRANT PROGRAM AND REBATE PROGRAM REPEAL PURSUANT TO
623-SECTION
624-24-38.5-507.
625-24-38.5-506. Community access to electric bicycles cash fund -
626-creation - gifts, grants, or donations - transfer - repeal. (1) (a) T
627-HE
628-COMMUNITY ACCESS TO ELECTRIC BICYCLES CASH FUND IS CREATED IN THE
629-STATE TREASURY
630-, AND THE OFFICE SHALL ADMINISTER THE FUND FOR THE
631-PURPOSES OF THIS PART
632-5. THE FUND CONSISTS OF ANY MONEY THAT THE
633-GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND FOR
634-IMPLEMENTATION OF THE GRANT PROGRAM AND THE REBATE PROGRAM AND
635-ANY FEDERAL MONEY OR GIFTS
636-, GRANTS, OR DONATIONS RECEIVED
637-PURSUANT TO SUBSECTION
638- (1)(b) OF THIS SECTION.
639-(b) (I) F
640-OR THE PURPOSES OF THIS PART 5, THE OFFICE MAY SEEK,
641-ACCEPT, AND EXPEND:
642-(A) M
643-ONEY FROM FEDERAL SOURCES ; AND
644-PAGE 13-SENATE BILL 22-193 (B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
645-SOURCES
646-.
647-(II) T
648-HE OFFICE SHALL TRANSMIT ANY MONEY RECEIVED PURSUANT
649-TO SUBSECTION
650- (1)(b)(I) OF THIS SECTION TO THE STATE TREASURER, WHO
651-SHALL CREDIT THE MONEY TO THE FUND
652-.
653-(2) T
654-HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
655-THE OFFICE FOR THE PURPOSES SET FORTH IN THIS PART
656-5. THE STATE
657-TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
658-DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND
659-. ANY
660-UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
661-END OF A STATE FISCAL YEAR REMAINS IN THE FUND
662-; EXCEPT THAT THE
663-STATE TREASURER SHALL TRANSFER ANY MONEY REMAINING IN THE FUND
664-AT THE END OF THE
665-2026-27 STATE FISCAL YEAR TO THE GENERAL FUND .
666-(3) (a) O
667-N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
668-TWELVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
669-.
981+HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.13
982+25-7-1406. Repeal of part. THIS PART 14 IS REPEALED, EFFECTIVE14
983+S
984+EPTEMBER 1, 2034.15
985+SECTION 4. In Colorado Revised Statutes, 25-7-103, amend16
986+(12), (15), and (22) as follows:17
987+25-7-103. Definitions. As used in this article 7, unless the context18
988+otherwise requires:19
989+(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C.20
990+sec. 7401 et seq., (1970), as the same is in effect on November 15, 1990,
991+21
992+AS AMENDED.22
993+(15) "Issue" or "issuance" means the mailing,
994+ INCLUDING BY23
995+ELECTRONIC MAIL, of any order, permit, determination, or notice, other24
996+than notice by publication, by certified mail to the last address furnished
997+25
998+to the agency by the person subject thereto or personal service on such26
999+THE person. and The date of issuance of such THE order, permit,27
1000+193
1001+-26- determination, or notice shall MUST be the date of such THE mailing or1
1002+service or such later date as is stated in the order, permit, determination,2
1003+or notice.3
1004+(22) "State implementation plan"
1005+OR "SIP" means the
1006+ A plan4
1007+required by and described in section 110(a) SECTION 110 (a) OR 169A of5
1008+the federal act.6
1009+SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend7
1010+(1)(m), (4)(a), and (4)(e) introductory portion; and add (3)(c)(VIII) as8
1011+follows:9
1012+25-7-103.5. Air quality enterprise - legislative declaration -10
1013+fund - definitions - gifts, grants, or donations - rules - report - repeal.11
1014+(1) Legislative declaration. The general assembly hereby finds and12
1015+declares that:13
1016+(m) So long as the enterprise qualifies as an enterprise for14
1017+purposes of section 20 of article X of the state constitution, the revenue15
1018+from the fees collected by the enterprise UNDER SUBSECTION (4) OF THIS16
1019+SECTION is not state fiscal year spending, as defined in section 24-77-10217
1020+(17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does18
1021+not count against either the state fiscal year spending limit imposed by19
1022+section 20 of article X of the state constitution or the excess state20
1023+revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D) SECTION21
1024+24-77-103.6 (6)(b).22
1025+(3) Enterprise. (c) In addition to any other powers and duties23
1026+specified in this section, the enterprise's powers and duties are to:24
1027+(VIII) RECEIVE PAYMENTS TO FINANCE SPECIFIC PROJECTS,25
1028+INCLUDING COMMUNITY-BASED MONITORING OR EMISSION MITIGATION26
1029+PROJECTS IN THE STATE OR IN A SPECIFIED AREA OF THE STATE , AS27
1030+193
1031+-27- DIRECTED BY THIS ARTICLE 7 OR ANY PROGRAM THAT THE COMMISSION1
1032+ESTABLISHES BY RULE PURSUANT TO THIS ARTICLE 7.2
1033+(4) Fund - enterprise fees and other revenue. (a) There is3
1034+hereby created in the state treasury the air quality enterprise cash fund.4
1035+The fund consists of money credited to the fund pursuant to this5
1036+subsection (4), PAYMENTS FOR OTHER PURPOSES AS AUTHORIZED UNDER6
1037+SUBSECTION (3)(c)(VIII) OF THIS SECTION, and any other money that the7
1038+general assembly may appropriate or transfer to the fund. The state8
1039+treasurer shall credit all interest and income derived from the deposit and9
1040+investment of money in the fund to the fund.10
1041+(e) Before establishing fees, the board shall conduct a stakeholder11
1042+process to solicit input from potential fee payers and other stakeholders12
1043+on the appropriate fee structure. The enterprise shall not collect any fees13
1044+before July 1, 2021. The amount of enterprise fees collected
1045+UNDER14
1046+SUBSECTION (4)(b)(I) OF THIS SECTION is limited as follows:15
1047+SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend16
1048+(4) as follows:17
1049+25-7-114.1. Air pollutant emission notices - rules. (4) Each18
1050+such
1051+ notice shall REQUIRED BY THIS SECTION MUST specify the location at19
1052+which the proposed emission will occur; the name and address of the20
1053+person operating or owning such THE facility, process, or activity; the21
1054+nature of such THE facility, process, or activity; and an estimate of the22
1055+quantity and composition of the expected emission. The division shall23
1056+make available at all air pollution control authority offices PROVIDE24
1057+appropriate forms on which the information required by this section shall25
1058+MUST be furnished.26
1059+SECTION 7. In Colorado Revised Statutes, 25-7-114.5, amend27
1060+193
1061+-28- (7)(b) and (16) as follows:1
1062+25-7-114.5. Application review - public participation.2
1063+(7) (b) Failure of the division or commission, as the case may be, to grant3
1064+or deny the permit application or permit renewal application within the4
1065+time prescribed shall be treated as a final permit action for purposes of5
1066+obtaining judicial review in the district court in which the source is6
1067+located, to require that action be taken on such application by the7
1068+commission or division, as appropriate, without additional delay.8
1069+NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, JUDICIAL9
1070+REVIEW OF THE DIVISION'S FAILURE TO GRANT OR DENY A RENEWABLE10
1071+OPERATING PERMIT REQUIRED BY TITLE V OF THE FEDERAL ACT IS11
1072+AVAILABLE UNTIL THE DIVISION GRANTS OR DENIES THE PERMIT .12
1073+(16) (a) If the division experiences a backlog in processing air13
1074+quality permit applications caused by an occasional need that is seasonal,14
1075+irregular, or fluctuating in nature, and the department determines or15
1076+reasonably expects that, as a result, permits would not be issued within16
1077+statutory time frames, the division shall make available to sources that are17
1078+not subject to permitting under part C of the federal act the option to have18
1079+the PERMIT APPLICATION, THE air quality modeling, OR BOTH that is19
1080+submitted with the applicant's air permit application reviewed for20
1081+acceptance as demonstrating compliance by a contract consultant selected21
1082+by the division in lieu of the review being conducted by division staff.22
1083+THE DIVISION MAY ALSO ENTER INTO CONTRACTS TO SUPPORT THE23
1084+DIVISION'S AIR QUALITY PERMIT PROGRAMS, INCLUDING THE DIVISION'S24
1085+GENERAL PERMIT PROGRAM , AND MODELING TO SUPPORT THE AIR QUALITY25
1086+PERMIT PROGRAMS.26
1087+(b) The division shall select and contract with QUALIFIED27
1088+193
1089+-29- nongovernmental air quality CONSULTANTS, modeling engineers EXPERTS,1
1090+OR BOTH to perform PERMIT APPLICATION REVIEWS, air quality modeling2
1091+reviews, of applicants who choose contract consultant review of their air3
1092+quality permit modeling OR OTHER WORK TO SUPPORT THE DIVISION'S AIR4
1093+QUALITY PERMIT PROGRAMS. The division is not subject to the5
1094+requirements of the "Procurement Code", articles 101 to 112 of title 24,6
1095+C.R.S., in selecting and contracting with the consultants, MODELING7
1096+EXPERTS, OR BOTH. The division shall review and exclude from8
1097+consideration as a contract air quality modeling consultant any contractors9
1098+with a conflict of interest regarding air quality permit applications OR10
1099+MODELING. Applicants that choose consultant review of their air quality11
1100+PERMIT APPLICATIONS OR modeling are responsible for both the12
1101+consultant's costs associated with the air modeling review as well as the13
1102+division's costs associated with the review and determination of the air14
1103+permit application, to be paid to the division. The division shall transfer15
1104+the money to the state treasurer, who shall credit it to the stationary16
1105+sources control fund created in section 25-7-114.7 (2)(b)(I).17
1106+(c) The division shall use the results of the modeling conducted18
1107+pursuant to paragraph (b) of this subsection (16) SUBSECTION (16)(a) OR19
1108+(16)(b) OF THIS SECTION for purposes of the division's permit PROGRAM20
1109+AND application analysis.21
1110+SECTION 8. In Colorado Revised Statutes, 25-7-119, amend (1)22
1111+as follows:23
1112+25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY24
1113+calendar days after a hearing has been requested as provided in this article25
1114+ARTICLE 7, the commission shall grant MUST ACT UPON such request. and26
1115+I
1116+F GRANTED, THE COMMISSION SHALL set a time and place therefor
1117+ FOR27
1118+193
1119+-30- THE HEARING not more than ninety calendar days following THE FIRST1
1120+REGULARLY SCHEDULED COMMISSION MEETING AFTER receipt of such THE2
1121+HEARING request, unless a shorter period is otherwise specifically3
1122+provided for in this article ARTICLE 7. Notice of such THE hearing shall4
1123+MUST be printed in a newspaper of general circulation in the area in which5
1124+the proposed project or activity is located at least thirty days prior to the6
1125+date of said THE hearing.7
1126+SECTION 9. In Colorado Revised Statutes, 25-7-133, amend (1);8
1127+repeal (2); and add (2.5) as follows:9
1128+25-7-133. Legislative review and approval of state10
1129+implementation plans and rules - legislative declaration - definition.11
1130+(1) (a) Notwithstanding any other provision of law but subject to12
1131+subsection (7) of this section, by January 15 of each year, the commission13
1132+shall certify in a report to the chairperson of the legislative council in14
1133+summary form any additions or changes to elements of the state15
1134+implementation plan
1135+THAT INCLUDE ANY NEW REGULATORY16
1136+REQUIREMENTS OR MODIFICATIONS TO EXISTING REGULATORY17
1137+REQUIREMENTS adopted during the prior year that are to be submitted to18
1138+the administrator for purposes of federal enforceability. Such
1139+19
6701140 (b) T
671-HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.
672-24-38.5-507. Repeal of part. T
673-HIS PART 5 IS REPEALED, EFFECTIVE
674-SEPTEMBER 1, 2028.
675-SECTION 3. In Colorado Revised Statutes, add part 14 to article
676-7 of title 25 as follows:
677-PART 14
678-ELECTRIFYING SCHOOL BUSES
679-GRANT PROGRAM
680-25-7-1401. Legislative declaration. (1) T
681-HE GENERAL ASSEMBLY
682-FINDS THAT
683-:
684-(a) D
685-ISPROPORTIONATELY IMPACTED COMMUNITIES ARE
686-DISPROPORTIONATELY AFFECTED BY PARTICULATE MATTER AND NITROGEN
687-OXIDES ARISING FROM FOSSIL
688--FUEL-POWERED SCHOOL BUSES, ESPECIALLY
689-BECAUSE THE FLEET YARDS
690-, WAREHOUSES, FUEL DEPOTS, AND INTERSTATES
691-USED IN CONJUNCTION WITH SCHOOL BUSES ARE OFTEN LOCATED IN
692-DISPROPORTIONATELY IMPACTED COMMUNITIES
693-;
694-PAGE 14-SENATE BILL 22-193 (b) IN ADDITION TO EXPOSURE TO PARTICULATE MATTER AND
695-NITROGEN OXIDES IN THEIR COMMUNITIES
696-, SCHOOL CHILDREN ARE ALSO
697-EXPOSED TO FINE PARTICULATES AND OTHER POLLUTANTS AS A RESULT OF
698-RIDING ON FOSSIL
699--FUEL-POWERED SCHOOL BUSES;
700-(c) A
701- TRANSITION FROM FOSSIL-FUEL-POWERED SCHOOL BUSES TO
702-ELECTRIC
703--POWERED SCHOOL BUSES WILL POSITIVELY AFFECT SCHOOL
704-CHILDREN
705-'S HEALTH, WHILE HELPING TO ADDRESS LONG -STANDING
706-POLLUTION INEQUITIES FACED BY DISPROPORTIONATELY IMPACTED
707-COMMUNITIES
708-;
709-(d) T
710-HE FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT",
711-P
712-UB.L. 117-58, HAS CREATED A COMPETITIVE FUNDING PROGRAM TO
713-SUPPORT THE ADOPTION OF AN ELECTRIC SCHOOL BUS FLEET
714-, AND A STATE
715-PROGRAM INVESTING IN ELECTRIC SCHOOL BUSES WILL HELP LEVERAGE THE
716-FEDERAL FUNDS MADE AVAILABLE THROUGH THE FEDERAL ACT TO ALLOW
717-SCHOOLS IN THE STATE TO ACCESS THE FEDERAL FUNDS
718-; AND
719-(e) A TRANSITION TO ELECTRIC SCHOOL BUSES CAN PROVIDE
720-BENEFITS TO THE OPERATION OF THE ELECTRIC GRID IN THE STATE
721-:
722-(I) I
723-F THE TIMING OF CHARGING ELECTRIC SCHOOL BUSES IS
724-MANAGED TO SUPPORT GRID OPERATIONS
725-; AND
726-(II) THROUGH THE POTENTIAL FOR USING BATTERIES ON ELECTRIC
727-SCHOOL BUSES
728-:
729-(A) A
730-S A SOURCE OF RENEWABLE ENERGY THROUGH
731-VEHICLE
732--TO-GRID OPERATIONS; AND
733-(B) AS A COMMUNITY RESILIENCE RESOURCE TO HELP COMMUNITIES
734-AFFECTED BY POWER OUTAGES OR DISASTERS CAUSING ELECTRIC GRID
735-INTERRUPTIONS
736-.
737-(2) T
738-HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
739-(a) T
740-HE STATE SHOULD HELP SCHOOL DISTRICTS PROCURE AND
741-MAINTAIN ELECTRIC
742--POWERED SCHOOL BUSES AND RELATED
743-INFRASTRUCTURE
744-, CONVERT FOSSIL-FUEL-POWERED SCHOOL BUSES TO
745-ELECTRIC
746--POWERED SCHOOL BUSES , AND FACILITATE THE ASSOCIATED
747-PAGE 15-SENATE BILL 22-193 RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND
748-(b) SCHOOL DISTRICTS CAN LEVERAGE STATE GRANT MONEY TO
749-OBTAIN MONEY FROM FEDERAL AND PRIVATE SOURCES TO FURTHER FINANCE
750-THE TRANSITION TO AN ELECTRIC
751--POWERED SCHOOL BUS FLEET.
752-25-7-1402. Definitions. A
753-S USED IN THIS PART 14, UNLESS THE
754-CONTEXT OTHERWISE REQUIRES
755-:
756-(1) "C
757-HARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED
758-PURSUANT TO PART
759-1 OF ARTICLE 30.5 OF TITLE 22, THE STATE CHARTER
760-SCHOOL INSTITUTE ESTABLISHED PURS UANT TO SECTION
761-22-30.5-503, OR AN
762-INSTITUTE CHARTER SCHOOL AUTHORIZED PURSUANT TO PART
763-5 OF ARTICLE
764-30.5 OF TITLE 22.
765-(2) "D
766-EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
767-AND ENVIRONMENT
768-.
769-(3) "D
770-ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
771-MEANING SET FORTH IN SECTION
772-24-4-109 (2)(b)(II).
773-(4) "E
774-LECTRIC-POWERED SCHOOL BUS" MEANS A SCHOOL BUS THAT
775-IS POWERED SOLELY BY ELECTRICITY
776-.
777-(5) "F
778-OSSIL-FUEL-POWERED SCHOOL BUS " MEANS A SCHOOL BUS
779-POWERED BY DIESEL FUEL OR GASOLINE
780-.
781-(6) "F
782-UND" MEANS THE ELECTRIFYING SCHOOL BUSES GRANT
783-PROGRAM CASH FUND CREATED IN SECTION
784- 25-7-1405 (1)(a).
785-(7) "G
786-RANT PROGRAM" MEANS THE ELECTRIFYING SCHOOL BUSES
787-GRANT PROGRAM CREATED IN SECTION
788-25-7-1403.
789-(8) "N
790-ONATTAINMENT AREA" MEANS AN AREA OF THE STATE THAT
791-THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS
792-BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR STANDARD
793-.
794-(9) "O
795-FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
796-SECTION
797-24-38.5-101.
798-PAGE 16-SENATE BILL 22-193 (10) "SCHOOL BUS":
799-(a) H
800-AS THE MEANING SET FORTH IN SECTION 42-4-707 (5)(b); AND
801-(b) INCLUDES ANY PUBLICLY OR PRIVATELY FINANCED BUS , VAN, OR
802-SIMILAR VEHICLE THAT A SCHOOL DISTRICT OR CHARTER SCHOOL USES AS
803-PART OF ITS FLEET FOR THE ROUTINE PICK UP AND DROP OFF OF STUDENTS
804-FOR PUBLIC OR CHARTER SCHOOL OR SCHOOL
805--RELATED PROGRAMMING OR
806-ACTIVITIES
807-.
808-(11) "S
809-CHOOL DISTRICT" MEANS A SCHOOL DISTRICT ORGANIZED
810-PURSUANT TO ARTICLE
811-30 OF TITLE 22. "SCHOOL DISTRICT" INCLUDES
812-SCHOOLS OPERATED BY TRIBAL GOVERNMENTS
813-.
814-25-7-1403. Electrifying school buses grant program - creation -
815-eligibility. (1) (a) (I) T
816-HE ELECTRIFYING SCHOOL BUSES GRANT PROGRAM
817-IS CREATED TO ALLOW A SCHOOL DISTRICT
818-, CHARTER SCHOOL, OR NONPROFIT
819-PARTNER ACTING ON BEHALF OF A SCHOOL DISTRICT OR CHARTER SCHOOL TO
820-APPLY TO THE DEPARTMENT FOR GRANT MONEY TO HELP FINANCE
821-:
822-(A) T
823-HE PROCUREMENT AND MAINTENANCE OF ELECTRIC -POWERED
824-SCHOOL BUSES
825-, THE CONVERSION OF FOSSIL-FUEL-POWERED SCHOOL BUSES
826-TO ELECTRIC
827--POWERED SCHOOL BUSES, CHARGING INFRASTRUCTURE , AND
828-ELECTRICAL UPGRADES NECESSARY TO SUPPORT CHARGING
829-INFRASTRUCTURE
830-;
831-(B) T
832-HE RETIREMENT OF FOSSIL-FUEL-POWERED SCHOOL BUSES; AND
833-(C) THE SCHOOL DISTRICT'S OR CHARTER SCHOOL'S ADMINISTRATIVE
834-COSTS ASSOCIATED WITH SUCH PROCUREMENTS
835-, CONVERSIONS,
836-MAINTENANCE, OR RETIREMENTS , INCLUDING ANY UP -FRONT
837-ADMINISTRATIVE COSTS ASSOCIATED WITH DEVELOPING AND IMPLEMENTING
838-A PROPOSAL FOR THE PROCUREMENTS
839-, CONVERSIONS, MAINTENANCE, OR
840-RETIREMENTS
841-.
842-(II) T
843-HE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM ,
844-AND THE OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE GRANT
845-PROGRAM AS NEEDED
846-. THE DEPARTMENT OF EDUCATION MAY PROVIDE UP TO
847-ONE
848--HALF OF ONE FULL-TIME EQUIVALENT EMPLOYEE TO ASSIST WITH THE
849-GRANT PROGRAM BY PROVIDING TECHNICAL ASSISTANCE TO SCHOOL
850-PAGE 17-SENATE BILL 22-193 DISTRICTS AND CHARTER SCHOOLS WITH RESPECT TO APPLYING FOR GRANT
851-MONEY AND IMPLEMENTING PROJECTS AWARDED GRANT MONEY
852-.
853-(b) T
854-HE DEPARTMENT SHALL ESTABLISH AN APPLICATION PROCESS
855-FOR SCHOOL DISTRICTS
856-, CHARTER SCHOOLS, AND NONPROFIT PARTNERS
857-ACTING ON BEHALF OF SCHOOL DISTRICTS OR CHARTER SCHOOLS TO APPLY
858-FOR MONEY UNDER THE GRANT PROGRAM AND
859-:
860-(I) P
861-OST INFORMATION ABOUT THE GRANT PROGRAM APPLICATION
862-PROCESS
863-, INCLUDING ANY APPLICATION FORMS THAT THE DEPARTMENT
864-DEVELOPS FOR THE GRANT PROGRAM
865-, ON ITS WEBSITE; AND
866-(II) SHARE THE GRANT PROGRAM APPLICATION PROCESS
867-INFORMATION WITH THE DEPARTMENT OF EDUCATION
868-, WHICH DEPARTMENT
869-SHALL POST THE INFORMATION ON ITS WEBSITE
870-.
871-(2) T
872-HE DEPARTMENT SHALL DEVELOP :
873-(a) C
874-RITERIA FOR AWARDING GRANT MONEY , WHICH CRITERIA MUST
875-INCLUDE
876-:
877-(I) G
878-IVING PRIORITY TO SCHOOL DISTRICTS AND CHARTER SCHOOLS :
879-(A) L
880-OCATED IN OR ATTENDED BY STUDENTS LIVING IN
881-DISPROPORTIONATELY IMPACTED COMMUNITIES
882-;
883-(B) L
884-OCATED IN NONATTAINMENT AREAS ; OR
885-(C) AT WHICH AT LEAST A CERTAIN PERCENTAGE OF STUDENTS , AS
886-DETERMINED BY THE DEPARTMENT
887-, RECEIVE FREE OR REDUCED -PRICE
888-LUNCHES UNDER A SCHOOL LUNCH PROGRAM
889-; AND
890-(II) A REQUIREMENT THAT, AS A CONDITION OF RECEIVING A GRANT
891-AWARD
892-, GRANTEES RETIRE OR CONVERT AT LEAST A CERTAIN PERCENTAGE
893-OF THEIR FOSSIL
894--FUEL-POWERED SCHOOL BUSES, RETIRE OR CONVERT THEIR
895-FOSSIL
896--FUEL-POWERED SCHOOL BUSES IN A CERTAIN MANNER , OR BOTH;
897-(b) P
898-ERIODIC REPORTING REQUIREMENTS FOR A GRANTEE TO
899-DEMONSTRATE THAT THE MONEY AWARDED IS BEING USED IN COMPLIANCE
900-WITH THIS PART
901-14; AND
902-PAGE 18-SENATE BILL 22-193 (c) PROCEDURES FOR ADDRESSING A GRANTEE 'S NONCOMPLIANCE
903-WITH THIS PART
904-14, INCLUDING PROCEDURES FOR REIMBURSEMENT OF
905-MONEY AWARDED
906-.
907-(3) T
908-HE DEPARTMENT MAY USE UP TO EIGHT PERCENT OF THE MONEY
909-IN THE FUND TO COVER THE DIRECT AND INDIRECT COSTS THE DEPARTMENT
910-INCURS IN ADMINISTERING THE GRANT PROGRAM
911-.
912-25-7-1404. Reporting. (1) O
913-N OR BEFORE JANUARY 1, 2025, AND
914-ON OR BEFORE
915-JANUARY 1 OF EACH ODD-NUMBERED YEAR THEREAFTER , THE
916-DEPARTMENT SHALL PREPARE A REPORT SUMMARIZING THE PROGRESS OF
917-THE GRANT PROGRAM AND SUBMIT THE REPORT TO THE HOUSE OF
918-REPRESENTATIVES EDUCATION COMMITTEE AND ENERGY AND ENVIRONMENT
919-COMMITTEE AND THE SENATE EDUCATION COMMITTEE AND
920-TRANSPORTATION AND ENERGY COMMITTEE
921-, OR THEIR SUCCESSOR
922-COMMITTEES
923-. THE DEPARTMENT SHALL POST A COPY OF EACH REPORT ON ITS
924-WEBSITE
925-.
926-(2) N
927-OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTING
928-REQUIREMENTS SET FORTH IN SUBSECTION
929-(1) OF THIS SECTION CONTINUE
930-UNTIL THE GRANT PROGRAM REPEALS PURSUANT TO SECTION
931-25-7-1406.
932-25-7-1405. Electrifying school buses grant program cash fund
933-- creation - gifts, grants, and donations - transfer - repeal. (1) (a) T
934-HE
935-ELECTRIFYING SCHOOL BUSES GRANT PROGRAM CASH FUND IS CREATED IN
936-THE STATE TREASURY
937-, AND THE DEPARTMENT SHALL ADMINISTER THE FUND
938-FOR THE PURPOSES OF THIS PART
939-14. THE FUND CONSISTS OF ANY MONEY
940-THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE
941-FUND FOR IMPLEMENTATION OF THE GRANT PROGRAM AND ANY FEDERAL
942-MONEY OR GIFTS
943-, GRANTS, OR DONATIONS RECEIVED PURSUANT TO
944-SUBSECTION
945- (1)(b) OF THIS SECTION.
946-(b) (I) F
947-OR THE PURPOSES OF THIS PART 14, THE DEPARTMENT MAY
948-SEEK
949-, ACCEPT, AND EXPEND:
950-(A) M
951-ONEY FROM FEDERAL SOURCES ; AND
952-(B) GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC
953-SOURCES
954-.
955-PAGE 19-SENATE BILL 22-193 (II) THE DEPARTMENT SHALL TRANSMIT ANY MONEY RECEIVED
956-PURSUANT TO SUBSECTION
957- (1)(b)(I) OF THIS SECTION TO THE STATE
958-TREASURER
959-, WHO SHALL CREDIT THE MONEY TO THE FUND .
960-(2) T
961-HE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO
962-THE DEPARTMENT
963-, AND THE DEPARTMENT MAY EXPEND MONEY IN THE FUND
964-FOR THE PURPOSES SET FORTH IN THIS PART
965-14. THE STATE TREASURER
966-SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND
967-INVESTMENT OF MONEY IN THE FUND TO THE FUND
968-. ANY UNEXPENDED AND
969-UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A STATE
970-FISCAL YEAR REMAINS IN THE FUND
971-; EXCEPT THAT THE STATE TREASURER
972-SHALL TRANSFER ANY MONEY REMAINING IN THE FUND AT THE END OF THE
973-2032-33 STATE FISCAL YEAR TO THE GENERAL FUND .
974-(3) (a) O
975-N JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
976-SIXTY
977--FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .
978-(b) T
979-HIS SUBSECTION (3) IS REPEALED, EFFECTIVE JULY 1, 2023.
980-25-7-1406. Repeal of part. T
981-HIS PART 14 IS REPEALED, EFFECTIVE
982-SEPTEMBER 1, 2034.
983-SECTION 4. In Colorado Revised Statutes, 25-7-103, amend (12),
984-(15), and (22) as follows:
985-25-7-103. Definitions. As used in this article 7, unless the context
986-otherwise requires:
987-(12) "Federal act" means the federal "Clean Air Act", 42 U.S.C. sec.
988-7401 et seq., (1970), as the same is in effect on November 15, 1990,
989- AS
990-AMENDED
991-.
992-(15) "Issue" or "issuance" means the mailing,
993- INCLUDING BY
994-ELECTRONIC MAIL
995-, of any order, permit, determination, or notice, other than
996-notice by publication, by certified mail to the last address furnished to the
997-agency by the person subject thereto or personal service on such THE
998-person. and The date of issuance of such THE order, permit, determination,
999-or notice shall MUST be the date of such THE mailing or service or such later
1000-date as is stated in the order, permit, determination, or notice.
1001-PAGE 20-SENATE BILL 22-193 (22) "State implementation plan" OR "SIP" means the A plan
1002-required by and described in section 110(a) SECTION 110 (a) OR 169A of the
1003-federal act.
1004-SECTION 5. In Colorado Revised Statutes, 25-7-103.5, amend
1005-(1)(m), (4)(a), and (4)(e) introductory portion; and add (3)(c)(VIII) as
1006-follows:
1007-25-7-103.5. Air quality enterprise - legislative declaration - fund
1008-- definitions - gifts, grants, or donations - rules - report - repeal.
1009-(1) Legislative declaration. The general assembly hereby finds and
1010-declares that:
1011-(m) So long as the enterprise qualifies as an enterprise for purposes
1012-of section 20 of article X of the state constitution, the revenue from the fees
1013-collected by the enterprise UNDER SUBSECTION (4) OF THIS SECTION is not
1014-state fiscal year spending, as defined in section 24-77-102 (17), or state
1015-revenues, as defined in section 24-77-103.6 (6)(c), and does not count
1016-against either the state fiscal year spending limit imposed by section 20 of
1017-article X of the state constitution or the excess state revenues cap, as
1018-defined in section 24-77-103.6 (6)(b)(I)(D)
1019- SECTION 24-77-103.6 (6)(b).
1020-(3) Enterprise. (c) In addition to any other powers and duties
1021-specified in this section, the enterprise's powers and duties are to:
1022-(VIII) R
1023-ECEIVE PAYMENTS TO FINANCE SPECIFIC PROJECTS ,
1024-INCLUDING COMMUNITY -BASED MONITORING OR EMISSION MITIGATION
1025-PROJECTS IN THE STATE OR IN A SPECIFIED AREA OF THE STATE
1026-, AS DIRECTED
1027-BY THIS ARTICLE
1028-7 OR ANY PROGRAM THAT THE COMMISSION ESTABLISHES
1029-BY RULE PURSUANT TO THIS ARTICLE
1030-7.
1031-(4) Fund - enterprise fees and other revenue. (a) There is hereby
1032-created in the state treasury the air quality enterprise cash fund. The fund
1033-consists of money credited to the fund pursuant to this subsection (4),
1034-PAYMENTS FOR OTHER PURPOSES AS AUTHORIZED UNDER SUBSECTION
1035-(3)(c)(VIII) OF THIS SECTION, and any other money that the general
1036-assembly may appropriate or transfer to the fund. The state treasurer shall
1037-credit all interest and income derived from the deposit and investment of
1038-money in the fund to the fund.
1039-PAGE 21-SENATE BILL 22-193 (e) Before establishing fees, the board shall conduct a stakeholder
1040-process to solicit input from potential fee payers and other stakeholders on
1041-the appropriate fee structure. The enterprise shall not collect any fees before
1042-July 1, 2021. The amount of enterprise fees collected
1043-UNDER SUBSECTION
1044-(4)(b)(I) OF THIS SECTION is limited as follows:
1045-SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend (4)
1046-as follows:
1047-25-7-114.1. Air pollutant emission notices - rules. (4) Each such
1048-notice shall REQUIRED BY THIS SECTION MUST specify the location at which
1049-the proposed emission will occur; the name and address of the person
1050-operating or owning such
1051- THE facility, process, or activity; the nature of
1052-such THE facility, process, or activity; and an estimate of the quantity and
1053-composition of the expected emission. The division shall make available at
1054-all air pollution control authority offices PROVIDE appropriate forms on
1055-which the information required by this section shall MUST be furnished.
1056-SECTION 7. In Colorado Revised Statutes, 25-7-114.5, amend
1057-(7)(b) and (16) as follows:
1058-25-7-114.5. Application review - public participation.
1059-(7) (b) Failure of the division or commission, as the case may be, to grant
1060-or deny the permit application or permit renewal application within the time
1061-prescribed shall be treated as a final permit action for purposes of obtaining
1062-judicial review in the district court in which the source is located, to require
1063-that action be taken on such application by the commission or division, as
1064-appropriate, without additional delay. N
1065-OTWITHSTANDING ANY OTHER
1066-PROVISION TO THE CONTRARY
1067-, JUDICIAL REVIEW OF THE DIVISION'S FAILURE
1068-TO GRANT OR DENY A RENEWABLE OPERATING PERMIT REQUIRED BY
1069-TITLE
1070-V OF THE FEDERAL ACT IS AVAILABLE UNTIL THE DIVISION GRANTS OR
1071-DENIES THE PERMIT
1072-.
1073-(16) (a) If the division experiences a backlog in processing air
1074-quality permit applications caused by an occasional need that is seasonal,
1075-irregular, or fluctuating in nature, and the department determines or
1076-reasonably expects that, as a result, permits would not be issued within
1077-statutory time frames, the division shall make available to sources that are
1078-not subject to permitting under part C of the federal act the option to have
1079-the
1080-PERMIT APPLICATION, THE air quality modeling, OR BOTH that is
1081-PAGE 22-SENATE BILL 22-193 submitted with the applicant's air permit application reviewed for
1082-acceptance as demonstrating compliance by a contract consultant selected
1083-by the division in lieu of the review being conducted by division staff. T
1084-HE
1085-DIVISION MAY ALSO ENTER INTO CONTRACTS TO SUPPORT THE DIVISION
1086-'S AIR
1087-QUALITY PERMIT PROGRAMS
1088-, INCLUDING THE DIVISION'S GENERAL PERMIT
1089-PROGRAM
1090-, AND MODELING TO SUPPORT THE AIR QUALITY PERMIT PROGRAMS .
1091-(b) The division shall select and contract with
1092-QUALIFIED
1093-nongovernmental air quality CONSULTANTS, modeling engineers
1094- EXPERTS,
1095-OR BOTH to perform PERMIT APPLICATION REVIEWS, air quality modeling
1096-reviews, of applicants who choose contract consultant review of their air
1097-quality permit modeling OR OTHER WORK TO SUPPORT THE DIVISION 'S AIR
1098-QUALITY PERMIT PROGRAMS
1099-. The division is not subject to the requirements
1100-of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.,
1101- in
1102-selecting and contracting with the consultants,
1103-MODELING EXPERTS, OR
1104-BOTH
1105-. The division shall review and exclude from consideration as a
1106-contract air quality modeling
1107- consultant any contractors with a conflict of
1108-interest regarding air quality permit applications
1109-OR MODELING. Applicants
1110-that choose consultant review of their air quality
1111-PERMIT APPLICATIONS OR
1112-modeling are responsible for both the consultant's costs associated with the
1113-air modeling review as well as the division's costs associated with the
1114-review and determination of the air permit application, to be paid to the
1115-division. The division shall transfer the money to the state treasurer, who
1116-shall credit it to the stationary sources control fund created in section
1117-25-7-114.7 (2)(b)(I).
1118-(c) The division shall use the results of the modeling conducted
1119-pursuant to paragraph (b) of this subsection (16)
1120- SUBSECTION (16)(a) OR
1121-(16)(b) OF THIS SECTION for purposes of the division's permit PROGRAM AND
1122-application analysis.
1123-SECTION 8. In Colorado Revised Statutes, 25-7-119, amend (1)
1124-as follows:
1125-25-7-119. Hearings. (1) Not less MORE than fifteen THIRTY
1126-calendar days after a hearing has been requested as provided in this article
1127-ARTICLE 7, the commission shall grant MUST ACT UPON such request. and IF
1128-GRANTED
1129-, THE COMMISSION SHALL set a time and place therefor
1130- FOR THE
1131-HEARING
1132- not more than ninety calendar days following THE FIRST
1133-REGULARLY SCHEDULED COMMISSION MEETING AFTER
1134- receipt of such
1135- THE
1136-PAGE 23-SENATE BILL 22-193 HEARING request, unless a shorter period is otherwise specifically provided
1137-for in this article ARTICLE 7. Notice of such THE hearing shall MUST be
1138-printed in a newspaper of general circulation in the area in which the
1139-proposed project or activity is located at least thirty days prior to the date of
1140-said
1141- THE hearing.
1142-SECTION 9. In Colorado Revised Statutes, 25-7-133, amend (1);
1143-repeal (2); and add (2.5) as follows:
1144-25-7-133. Legislative review and approval of state
1145-implementation plans and rules - legislative declaration - definition.
1146-(1) (a) Notwithstanding any other provision of law but subject to subsection
1147-(7) of this section, by January 15 of each year, the commission shall certify
1148-in a report to the chairperson of the legislative council in summary form any
1149-additions or changes to elements of the state implementation plan
1150-THAT
1151-INCLUDE ANY NEW REGULATORY REQUIREMENTS OR MODIFICATIONS TO
1152-EXISTING REGULATORY REQUIREMENTS
1153- adopted during the prior year that
1154-are to be submitted to the administrator for purposes of federal
1155-enforceability. Such
1156-(b) THE report shall MUST be written in plain, nontechnical language
1157-using words with common and everyday meaning that are understandable
1158-to the average reader. Copies of such report shall
1159- MUST be available to the
1160-public and shall be made available SUBMITTED to each member of the
1161-general assembly. The provisions of
1162-(c) This section shall DOES not apply to control measures and
1163-strategies that have been adopted and implemented by the enacting
1164-jurisdiction of a local unit of government if such
1165- THE measures and
1166-strategies do not result in mandatory direct costs upon any entity other than
1167-the enacting jurisdiction.
1168-(2) (a) By the February 15 following submission of the certified
1169-report under subsection (1) of this section, any member of the general
1170-assembly may make a request in writing to the chairperson of the legislative
1171-council that the legislative council hold a hearing or hearings to review any
1172-addition or change to elements of the SIP contained in the report submitted
1173-pursuant to subsection (1) of this section. Upon receipt of such request, the
1174-chairperson of the legislative council shall forthwith schedule a hearing to
1175-conduct such review. Any review by the legislative council shall determine
1176-PAGE 24-SENATE BILL 22-193 whether the addition or change to the SIP element accomplishes the results
1177-intended by enactment of the statutory provisions under which the addition
1178-or change to the SIP element was adopted. The legislative council, after
1179-allowing a public hearing preceded by adequate notice to the public and the
1180-commission, may recommend the introduction of a bill or bills based on the
1181-results of such review. If the legislative council does not recommend
1182-introduction of a bill under this subsection (2), the addition or change to the
1183-SIP element may be submitted under paragraph (b) of this subsection (2).
1184-Any bill recommended for consideration under this subsection (2) shall not
1185-be counted against the number of bills to which members of the general
1186-assembly are limited by law or joint rule of the senate and the house of
1187-representatives. If the legislative council does not recommend the
1188-introduction of a bill under this paragraph (a), and the member or members
1189-of the general assembly that requested such review will be introducing a bill
1190-under the provisions of paragraph (c) of this subsection (2), any such
1191-member shall provide written notice to the chairperson of the legislative
1192-council within three days after the action by the legislative council not to
1193-recommend introduction of a bill. If such member or members provide such
1194-written notice, the addition or change to the SIP or any element thereof that
1195-is the subject of any such bill may not be submitted to the administrator of
1196-the federal environmental protection agency until the expiration of the
1197-addition or change to the SIP has been postponed by the general assembly
1198-acting by bill or the member or members provide written notice to the
1199-chairperson of the executive committee of the legislative council that no bill
1200-will be introduced.
1201-(b) Unless a written request for legislative council review of an
1202-addition or change to a SIP element is submitted by the February 15
1203-following submission of the report under subsection (1) of this section, or
1204-a notice is provided by a member or members that they are introducing a bill
1205-under paragraph (c) of this subsection (2) within three days after legislative
1206-council action not to introduce a bill under paragraph (a) of this subsection
1207-(2), all other additions or changes to a SIP element described in such report
1208-shall be submitted to the administrator for final approval and incorporation
1209-into the SIP.
1210-(c) Until such February 15 as provided in paragraph (b) of this
1211-subsection (2), the commission may only submit an addition or change to
1212-the SIP or any element thereof, as defined in section 110 of the federal act,
1213-any rule which is a part thereof, or any revision thereto as specified in
1214-PAGE 25-SENATE BILL 22-193 subsection (1) of this section to the administrator for conditional approval
1215-or temporary approval. If legislative council review is requested as to any
1216-addition or change to a SIP element under paragraph (a) of this subsection
1217-(2), then no such SIP, revision, rule required by the SIP or revision, or rule
1218-related to the implementation of the SIP or revision so submitted to the
1219-administrator may take effect for purposes of federal enforceability, or
1220-enforcement of any kind at the state level against any person or entity based
1221-only on the commission's general authority to adopt a SIP under section
1222-25-7-105 (1), unless expiration of the SIP, rule required for the SIP, or
1223-addition or change to a SIP element has been postponed by the general
1224-assembly acting by bill in the same manner as provided in section 24-4-103
1225-(8)(c) and (8)(d), C.R.S. Any member of the general assembly may
1226-introduce a bill to modify or delete all or a portion of the SIP or any rule or
1227-additions or changes to SIP elements which are a component thereof. Any
1228-bill introduced under this paragraph (c) shall not be counted against the
1229-number of bills to which members of the general assembly are limited by
1230-law or joint rule of the senate and the house of representatives. Any
1231-committee of reference of the senate or the house of representatives to
1232-which a bill introduced under this paragraph (c) is referred shall conduct as
1233-part of consideration of any such bill on the merits the review provided for
1234-under paragraph (a) of this subsection (2). If any bill is introduced under
1235-paragraph (a) of this subsection (2) or under this paragraph (c) to postpone
1236-the expiration of any addition or change to a SIP element described in a
1237-report submitted under subsection (1) of this section, and any such bill does
1238-not become law, the addition or change to a SIP element addressed in such
1239-bill may be submitted to the administrator of the federal environmental
1240-protection agency for final approval and incorporation into the SIP under
1241-paragraph (b) of this subsection (2).
1242-(d) Repealed.
1243-(2.5) (a) UNTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE
1244-CERTIFIED REPORT UNDER SUBSECTION
1245-(1) OF THIS SECTION, ANY ADDITION
1246-OR CHANGE TO THE
1247-SIP MUST NOT BE SUBMITTED TO THE ADMINISTRATOR
1248-FOR FINAL APPROVAL AND INCORPORATION INTO THE
1249-SIP, UNLESS THE
1250-ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR THE
1251-GOVERNOR
1252-'S DESIGNEE AS A PROVISIONAL SUBMISSION.
1141+HE report shall
1142+ MUST be written in plain, nontechnical20
1143+language using words with common and everyday meaning that are21
1144+understandable to the average reader. Copies of such report shall MUST be22
1145+available to the public and shall be made available SUBMITTED to each23
1146+member of the general assembly. The provisions of24
1147+(c) This section shall DOES not apply to control measures and25
1148+strategies that have been adopted and implemented by the enacting26
1149+jurisdiction of a local unit of government if such THE measures and27
1150+193
1151+-31- strategies do not result in mandatory direct costs upon any entity other1
1152+than the enacting jurisdiction.2
1153+(2) (a) By the February 15 following submission of the certified3
1154+report under subsection (1) of this section, any member of the general4
1155+assembly may make a request in writing to the chairperson of the5
1156+legislative council that the legislative council hold a hearing or hearings6
1157+to review any addition or change to elements of the SIP contained in the7
1158+report submitted pursuant to subsection (1) of this section. Upon receipt8
1159+of such request, the chairperson of the legislative council shall forthwith9
1160+schedule a hearing to conduct such review. Any review by the legislative10
1161+council shall determine whether the addition or change to the SIP element11
1162+accomplishes the results intended by enactment of the statutory provisions12
1163+under which the addition or change to the SIP element was adopted. The13
1164+legislative council, after allowing a public hearing preceded by adequate14
1165+notice to the public and the commission, may recommend the introduction15
1166+of a bill or bills based on the results of such review. If the legislative16
1167+council does not recommend introduction of a bill under this subsection17
1168+(2), the addition or change to the SIP element may be submitted under18
1169+paragraph (b) of this subsection (2). Any bill recommended for19
1170+consideration under this subsection (2) shall not be counted against the20
1171+number of bills to which members of the general assembly are limited by21
1172+law or joint rule of the senate and the house of representatives. If the22
1173+legislative council does not recommend the introduction of a bill under23
1174+this paragraph (a), and the member or members of the general assembly24
1175+that requested such review will be introducing a bill under the provisions25
1176+of paragraph (c) of this subsection (2), any such member shall provide26
1177+written notice to the chairperson of the legislative council within three27
1178+193
1179+-32- days after the action by the legislative council not to recommend1
1180+introduction of a bill. If such member or members provide such written2
1181+notice, the addition or change to the SIP or any element thereof that is the3
1182+subject of any such bill may not be submitted to the administrator of the4
1183+federal environmental protection agency until the expiration of the5
1184+addition or change to the SIP has been postponed by the general assembly6
1185+acting by bill or the member or members provide written notice to the7
1186+chairperson of the executive committee of the legislative council that no8
1187+bill will be introduced.9
1188+(b) Unless a written request for legislative council review of an10
1189+addition or change to a SIP element is submitted by the February 1511
1190+following submission of the report under subsection (1) of this section,12
1191+or a notice is provided by a member or members that they are introducing13
1192+a bill under paragraph (c) of this subsection (2) within three days after14
1193+legislative council action not to introduce a bill under paragraph (a) of15
1194+this subsection (2), all other additions or changes to a SIP element16
1195+described in such report shall be submitted to the administrator for final17
1196+approval and incorporation into the SIP.18
1197+(c) Until such February 15 as provided in paragraph (b) of this19
1198+subsection (2), the commission may only submit an addition or change to20
1199+the SIP or any element thereof, as defined in section 110 of the federal21
1200+act, any rule which is a part thereof, or any revision thereto as specified22
1201+in subsection (1) of this section to the administrator for conditional23
1202+approval or temporary approval. If legislative council review is requested24
1203+as to any addition or change to a SIP element under paragraph (a) of this25
1204+subsection (2), then no such SIP, revision, rule required by the SIP or26
1205+revision, or rule related to the implementation of the SIP or revision so27
1206+193
1207+-33- submitted to the administrator may take effect for purposes of federal1
1208+enforceability, or enforcement of any kind at the state level against any2
1209+person or entity based only on the commission's general authority to adopt3
1210+a SIP under section 25-7-105 (1), unless expiration of the SIP, rule4
1211+required for the SIP, or addition or change to a SIP element has been5
1212+postponed by the general assembly acting by bill in the same manner as6
1213+provided in section 24-4-103 (8)(c) and (8)(d), C.R.S. Any member of the7
1214+general assembly may introduce a bill to modify or delete all or a portion8
1215+of the SIP or any rule or additions or changes to SIP elements which are9
1216+a component thereof. Any bill introduced under this paragraph (c) shall10
1217+not be counted against the number of bills to which members of the11
1218+general assembly are limited by law or joint rule of the senate and the12
1219+house of representatives. Any committee of reference of the senate or the13
1220+house of representatives to which a bill introduced under this paragraph14
1221+(c) is referred shall conduct as part of consideration of any such bill on15
1222+the merits the review provided for under paragraph (a) of this subsection16
1223+(2). If any bill is introduced under paragraph (a) of this subsection (2) or17
1224+under this paragraph (c) to postpone the expiration of any addition or18
1225+change to a SIP element described in a report submitted under subsection19
1226+(1) of this section, and any such bill does not become law, the addition or20
1227+change to a SIP element addressed in such bill may be submitted to the21
1228+administrator of the federal environmental protection agency for final22
1229+approval and incorporation into the SIP under paragraph (b) of this23
1230+subsection (2).24
1231+(d) Repealed.25
1232+(2.5) (a) U
1233+NTIL FEBRUARY 15 FOLLOWING SUBMISSION OF THE26
1234+CERTIFIED REPORT UNDER SUBSECTION (1) OF THIS SECTION, ANY27
1235+193
1236+-34- ADDITION OR CHANGE TO THE SIP MUST NOT BE SUBMITTED TO THE1
1237+ADMINISTRATOR FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP,2
1238+UNLESS THE ADDITION OR CHANGE IS DESIGNATED BY THE GOVERNOR OR3
1239+THE GOVERNOR'S DESIGNEE AS A PROVISIONAL SUBMISSION.4
12531240 (b) B
1254-Y FEBRUARY 15, ANY MEMBER OF THE GENERAL ASSEMBLY
1255-MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE
1256-PAGE 26-SENATE BILL 22-193 ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED
1257-PURSUANT TO SUBSECTION
1258- (1)(a) OF THIS SECTION. ANY BILL INTRODUCED
1259-UNDER THIS SUBSECTION
1260- (2.5)(b) DOES NOT COUNT AGAINST THE NUMBER
1261-OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY
1262-LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
1263-.
1241+Y FEBRUARY 15 ANY MEMBER OF THE GENERAL ASSEMBLY5
1242+MAY INTRODUCE A BILL TO MODIFY OR DELETE ALL OR A PORTION OF THE6
1243+ADDITIONS OR CHANGES TO THE SIP IN THE CERTIFIED REPORT SUBMITTED7
1244+PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION. ANY BILL INTRODUCED8
1245+UNDER THIS SUBSECTION (2.5)(b) DOES NOT COUNT AGAINST THE NUMBER9
1246+OF BILLS TO WHICH MEMBERS OF THE GENERAL ASSEMBLY ARE LIMITED BY10
1247+LAW OR JOINT RULE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES .11
12641248 D
1265-URING THE PERIOD THAT ANY SUCH BILL INTR ODUCED UNDER THIS
1266-SUBSECTION
1267- (2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES TO
1268-THE
1269-SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL
1270-APPROVAL AND INCORPORATION INTO THE
1271-SIP, UNLESS DESIGNATED BY THE
1272-GOVERNOR OR THE GOVERNOR
1273-'S DESIGNEE AS A PROVISIONAL SUBMISSION.
1249+URING THE PERIOD THAT ANY SUCH BILL INTR ODUCED UNDER THIS12
1250+SUBSECTION (2.5)(b) IS BEING CONSIDERED, THE ADDITIONS OR CHANGES13
1251+TO THE SIP MAY NOT BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL14
1252+APPROVAL AND INCORPORATION INTO THE SIP, UNLESS DESIGNATED BY15
1253+THE GOVERNOR OR THE GOVERNOR 'S DESIGNEE AS A PROVISIONAL16
1254+SUBMISSION.17
12741255 (c) I
1275-F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS
1276-SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES TO
1277-THE
1278-SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE SIP
1279-MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL AND
1280-INCORPORATION INTO THE
1281-SIP. IF THE BILL BECOMES LAW, THE COMMISSION
1282-SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO THE
1283-SIP AS
1284-DIRECTED BY THE BILL
1285-, AND ANY MODIFIED ADDITIONS OR CHANGES TO THE
1286-SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL
1287-APPROVAL AND INCORPORATION INTO THE
1288-SIP.
1256+F A BILL INTRODUCED UNDER SUBSECTION (2.5)(b) OF THIS18
1257+SECTION THAT SEEKS TO MODIFY OR DELETE THE ADDITIONS OR CHANGES19
1258+TO THE SIP DOES NOT BECOME LAW, THE ADDITIONS OR CHANGES TO THE20
1259+SIP
1260+ MUST BE SUBMITTED TO THE ADMINISTRATOR FOR FINAL APPROVAL21
1261+AND INCORPORATION INTO THE SIP. IF THE BILL BECOMES LAW , THE22
1262+COMMISSION SHALL MODIFY OR DELETE THE ADDITIONS OR CHANGES TO23
1263+THE SIP AS DIRECTED BY THE BILL, AND ANY MODIFIED ADDITIONS OR24
1264+CHANGES TO THE SIP SHALL THEN BE SUBMITTED TO THE ADMINISTRATOR25
1265+FOR FINAL APPROVAL AND INCORPORATION INTO THE SIP.26
12891266 (d) A
1290-S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"
1291-MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .
1292-SECTION 10. In Colorado Revised Statutes, 25-7-133.5, amend
1293-(3) as follows:
1294-25-7-133.5. Approval or rescission of specific revisions to state
1295-implementation plan (SIP) after 1996. (3) Revisions to the SIP that are
1296-adopted solely to conform the SIP to prior actions of the general assembly
1297-under section 25-7-133 and this section may be submitted to the federal
1298-environmental protection agency for final approval under section 25-7-133
1299-(2) SECTION 25-7-133 (2.5) without further approval by the general
1300-assembly under section 25-7-133 or this section.
1301-SECTION 11. Appropriation. (1) For the 2022-23 state fiscal
1302-year, $750,000 is appropriated to the department of personnel for use by the
1303-division of human resources. This appropriation is from the general fund.
1304-To implement this act, the division may use this appropriation for operating
1305-expenses related to employee benefits services.
1306-PAGE 27-SENATE BILL 22-193 (2) For the 2022-23 state fiscal year, $7,000,000 is appropriated to
1307-the department of public health and environment for use by the air pollution
1308-control division. This appropriation is from the general fund. Any money
1309-appropriated in this subsection (2) that is not expended before July 1, 2023,
1310-is further appropriated to the department for the 2023-24 and 2024-25 state
1311-fiscal years for the same purpose. To implement this act, the division may
1312-use this appropriation as follows:
1313-(a) $6,909,275 for personal services related to administration, which
1314-amount is based on an assumption that the division will require an
1315-additional 1.5 FTE; and
1316-(b) $90,725 for the purchase of information technology services.
1317-(3) For the 2022-23 state fiscal year, $90,725 is appropriated to the
1318-office of the governor for use by the office of information technology. This
1319-appropriation is from reappropriated funds received from the department of
1320-public health and environment under subsection (2)(b) of this section. To
1321-implement this act, the office may use this appropriation to provide
1322-information technology services for the department of public health and
1323-environment.
1324-(4) For the 2022-23 state fiscal year, $44,365 is appropriated to the
1325-department of education for use by assistance to public schools. This
1326-appropriation is from reappropriated funds received from the department of
1327-public health and environment from the electrifying school buses grant
1328-program cash fund created in section 25-7-1405 (1)(a), C.R.S. To
1329-implement this act, the department may use this appropriation for public
1330-school transportation.
1331-SECTION 12. Appropriation - adjustments to 2022 long bill. To
1332-implement this act, the general fund appropriation made in the annual
1333-general appropriation act for the 2022-23 state fiscal year to the office of
1334-the governor for use by the Colorado energy office for the cannabis resource
1335-optimization program is decreased by $1,500,000.
1336-SECTION 13. Safety clause. The general assembly hereby finds,
1337-PAGE 28-SENATE BILL 22-193 determines, and declares that this act is necessary for the immediate
1338-preservation of the public peace, health, or safety.
1339-____________________________ ____________________________
1340-Steve Fenberg Alec Garnett
1341-PRESIDENT OF SPEAKER OF THE HOUSE
1342-THE SENATE OF REPRESENTATIVES
1343-____________________________ ____________________________
1344-Cindi L. Markwell Robin Jones
1345-SECRETARY OF CHIEF CLERK OF THE HOUSE
1346-THE SENATE OF REPRESENTATIVES
1347- APPROVED________________________________________
1348- (Date and Time)
1349- _________________________________________
1350- Jared S. Polis
1351- GOVERNOR OF THE STATE OF COLORADO
1352-PAGE 29-SENATE BILL 22-193
1267+S USED IN THIS SUBSECTION (2.5), "ADDITIONS OR CHANGES"27
1268+193
1269+-35- MEANS ADDITIONS OR CHANGES TO REGULATORY REQUIREMENTS .1
1270+SECTION 10. In Colorado Revised Statutes, 25-7-133.5, amend2
1271+(3) as follows:3
1272+25-7-133.5. Approval or rescission of specific revisions to state4
1273+implementation plan (SIP) after 1996. (3) Revisions to the SIP that are5
1274+adopted solely to conform the SIP to prior actions of the general assembly6
1275+under section 25-7-133 and this section may be submitted to the federal7
1276+environmental protection agency for final approval under section8
1277+25-7-133 (2) SECTION 25-7-133 (2.5) without further approval by the9
1278+general assembly under section 25-7-133 or this section.10
1279+SECTION 11. Appropriation. (1) For the 2022-23 state fiscal11
1280+year,$750,000 is appropriated to the department of personnel for use by12
1281+the division of human resources. This appropriation is from the general13
1282+fund. To implement this act, the division may use this appropriation for14
1283+operating expenses related to employee benefits services.15
1284+(2) For the 2022-23 state fiscal year, $7,000,000 is appropriated16
1285+to the department of public health and environment for use by the air17
1286+pollution control division. This appropriation is from the general fund.18
1287+Any money appropriated in this subsection (2) that is not expended before19
1288+July 1, 2023, is further appropriated to the department for the 2023-2420
1289+and 2024-25 state fiscal years for the same purpose To implement this act,21
1290+the division may use this appropriation as follows:22
1291+(a) $6,909,275 for personal services related to administration,23
1292+which amount is based on an assumption that the division will require an24
1293+additional 1.5 FTE; and25
1294+(b) $90,725 for the purchase of information technology services.26
1295+(3) For the 2022-23 state fiscal year, $90,725 is appropriated to27
1296+193
1297+-36- the office of the governor for use by the office of information technology.1
1298+This appropriation is from reappropriated funds received from the2
1299+department of public health and environment under subsection (2)(b) of3
1300+this section. To implement this act, the office may use this appropriation4
1301+to provide information technology services for the department of public5
1302+health and environment.6
1303+(4) For the 2022-23 state fiscal year, $44,365 is appropriated to7
1304+the department of education for use by assistance to pubic schools. This8
1305+appropriation is from reappropriated funds received from the department9
1306+of public health and environment from the electrifying school buses grant10
1307+program cash fund created in section 25-7-1505 (1)(a), C.R.S. To11
1308+implement this act, the department may use this appropriation for public12
1309+school transportation.13
1310+SECTION 12. Appropriation - adjustments to 2022 long bill.14
1311+To implement this act, the general fund appropriation made in the annual15
1312+general appropriation act for the 2022-23 state fiscal year to the office of16
1313+the governor for use by the Colorado energy office for the cannabis17
1314+resource optimization program is decreased by $1,500,000.18
1315+SECTION 13. Safety clause. The general assembly hereby finds,19
1316+determines, and declares that this act is necessary for the immediate20
1317+preservation of the public peace, health, or safety.21
1318+193
1319+-37-