9 | | - | ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND, IN |
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10 | | - | CONNECTION THEREWITH |
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11 | | - | , MAKING AN APPROPRIATION. |
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12 | | - | |
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13 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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14 | | - | SECTION 1. In Colorado Revised Statutes, add 24-38.5-116 and |
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15 | | - | 24-38.5-117 as follows: |
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16 | | - | 24-38.5-116. Industrial and manufacturing operations clean air |
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17 | | - | grant program - creation - eligibility - fund created - gifts, grants, or |
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18 | | - | donations - transfer - legislative declaration - definitions - reporting - |
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19 | | - | repeal. (1) Legislative declaration. T |
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20 | | - | HE GENERAL ASSEMBLY HEREBY |
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21 | | - | FINDS AND DECLARES THAT |
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22 | | - | : |
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| 14 | + | ONCERNING MEASURES TO IMPROVE AIR QUALITY IN THE STATE , AND,101 |
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| 15 | + | IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102 |
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| 16 | + | Bill Summary |
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| 17 | + | (Note: This summary applies to this bill as introduced and does |
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| 18 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 19 | + | passes third reading in the house of introduction, a bill summary that |
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| 20 | + | applies to the reengrossed version of this bill will be available at |
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| 21 | + | http://leg.colorado.gov |
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| 22 | + | .) |
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| 23 | + | Industrial and manufacturing operations clean air grant |
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| 24 | + | program. Section 1 of the bill creates the industrial and manufacturing |
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| 25 | + | operations clean air grant program (clean air grant program) through |
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| 26 | + | which the Colorado energy office (office) awards grant money to private |
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| 27 | + | entities, local governments, and public-private partnerships for voluntary |
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| 28 | + | projects to reduce air pollutants from industrial and manufacturing |
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| 29 | + | HOUSE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | May 10, 2022 |
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| 32 | + | HOUSE |
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| 33 | + | Amended 2nd Reading |
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| 34 | + | May 5, 2022 |
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| 35 | + | SENATE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | April 18, 2022 |
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| 38 | + | SENATE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | April 14, 2022 |
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| 41 | + | SENATE SPONSORSHIP |
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| 42 | + | Fenberg and Gonzales, Buckner, Danielson, Donovan, Fields, Ginal, Hansen, Jaquez |
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| 43 | + | Lewis, Kolker, Lee, Pettersen, Story, Winter, Zenzinger |
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| 44 | + | HOUSE SPONSORSHIP |
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| 45 | + | Valdez A. and Froelich, Amabile, Bernett, Bird, Boesenecker, Cutter, Duran, Exum, |
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| 46 | + | Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Ricks, Sirota, Sullivan, Titone, |
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| 47 | + | Woodrow |
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| 48 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 49 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. |
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| 50 | + | Dashes through the words indicate deletions from existing statute. operations. |
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| 51 | + | Voluntary projects eligible for grant money include: |
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| 52 | + | ! Energy efficiency projects; |
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| 53 | + | ! Renewable energy projects; |
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| 54 | + | ! Beneficial electrification projects; |
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| 55 | + | ! Transportation electrification projects; |
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| 56 | + | ! Projects producing or utilizing clean hydrogen; |
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| 57 | + | ! Projects involving carbon capture at industrial facilities; |
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| 58 | + | ! Methane capture projects; |
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| 59 | + | ! Projects producing or utilizing sustainable aviation fuel; |
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| 60 | + | and |
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| 61 | + | ! Industrial process changes that reduce emissions. |
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| 62 | + | Starting in 2025, the office is required to report annually on the |
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| 63 | + | progress of the clean air grant program, submit the report to the |
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| 64 | + | legislative committees with jurisdiction over energy matters, and post the |
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| 65 | + | reports on the office's website. |
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| 66 | + | On June 30, 2022, the state treasurer shall transfer $25 million |
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| 67 | + | from the general fund to the industrial and manufacturing operations |
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| 68 | + | clean air grant program cash fund, which fund is created in the bill. The |
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| 69 | + | fund may also consist of money from federal sources and from gifts, |
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| 70 | + | grants, and donations. The money in the fund is continuously appropriated |
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| 71 | + | to the office for its administration of the clean air grant program. |
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| 72 | + | The clean air grant program is repealed on September 1, 2029. |
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| 73 | + | Community access to electric bicycles. Section 2 creates the |
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| 74 | + | community access to electric bicycles grant program (electric bicycles |
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| 75 | + | grant program) through which the office awards grant money to local |
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| 76 | + | governments and nonprofit organizations that administer or plan to |
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| 77 | + | administer a bike share program or an ownership program for the |
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| 78 | + | provision of electric bicycles in a community. Section 2 also creates the |
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| 79 | + | community access to electric bicycles rebate program (rebate program) |
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| 80 | + | through which the office provides individuals in low- and |
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| 81 | + | moderate-income households, or bicycle shops that sell electric bicycles |
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| 82 | + | to program participants at discounted prices, rebates for purchases of |
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| 83 | + | electric bicycles used for commuting purposes. |
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| 84 | + | Starting in 2025, the office is required to report annually on the |
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| 85 | + | progress of the electric bicycles grant program and the rebate program, |
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| 86 | + | submit copies of the report to the legislative committees with jurisdiction |
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| 87 | + | over transportation matters, and post the report on the office's website. |
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| 88 | + | On June 30, 2022, the state treasurer shall transfer $12 million |
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| 89 | + | from the general fund to the community access to electric bicycles cash |
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| 90 | + | fund, which fund is created in the bill. The fund may also consist of |
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| 91 | + | money from federal sources and from gifts, grants, and donations. The |
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| 92 | + | money in the fund is subject to annual appropriation by the general |
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| 93 | + | assembly to the office for its administration of the electric bicycles grant |
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| 94 | + | program and the rebate program. |
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| 95 | + | 193 |
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| 96 | + | -2- The electric bicycles grant program and the rebate program are |
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| 97 | + | repealed on September 1, 2028. |
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| 98 | + | Diesel truck emissions reduction grant program. Section 3 |
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| 99 | + | creates the diesel truck emissions reduction grant program (diesel trucks |
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| 100 | + | grant program) through which the division of administration (division) in |
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| 101 | + | the department of public health and environment (department) awards |
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| 102 | + | grant money to certain private and public entities for decommissioning |
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| 103 | + | diesel trucks and replacing the trucks with newer model trucks. The |
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| 104 | + | division is required to determine eligibility for the grant money and the |
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| 105 | + | eligible fuel types for qualifying as a replacement vehicle under the diesel |
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| 106 | + | trucks grant program. |
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| 107 | + | Starting in 2023, the department is required to report annually on |
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| 108 | + | the progress of the diesel trucks grant program and submit a copy of the |
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| 109 | + | report to the legislative committees with jurisdiction over energy matters. |
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| 110 | + | On June 30, 2022, the state treasurer shall transfer $15 million |
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| 111 | + | from the general fund to the diesel truck emissions reduction grant |
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| 112 | + | program cash fund, which fund is created in the bill. The fund may also |
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| 113 | + | consist of money from federal sources and from gifts, grants, and |
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| 114 | + | donations. The money in the fund is subject to annual appropriation by |
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| 115 | + | the general assembly to the department for use by the division for its |
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| 116 | + | administration of the diesel trucks grant program. |
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| 117 | + | The diesel trucks grant program is repealed on July 1, 2032. |
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| 118 | + | Electrifying school buses grant program. Section 3 also creates |
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| 119 | + | the electrifying school buses grant program (school buses grant program) |
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| 120 | + | through which the department, with technical assistance from the office, |
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| 121 | + | awards grant money to school districts and charter schools to help finance |
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| 122 | + | the purchase and maintenance of electric-powered school buses, the |
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| 123 | + | conversion of fossil-fuel-powered school buses to electric-powered |
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| 124 | + | school buses, charging infrastructure, and upgrades for electric charging |
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| 125 | + | infrastructure and the retirement of fossil-fuel-powered school buses. |
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| 126 | + | Starting in 2025, and every odd-numbered year thereafter, the |
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| 127 | + | department is required to report on the progress of the school buses grant |
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| 128 | + | program, submit copies of the report to the legislative committees with |
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| 129 | + | jurisdiction over education and transportation matters, and post copies of |
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| 130 | + | the report on its website. |
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| 131 | + | On June 30, 2022, the state treasurer shall transfer $65 million |
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| 132 | + | from the general fund to the electrifying school buses grant program cash |
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| 133 | + | fund, which fund is created in the bill. The fund may also consist of |
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| 134 | + | money from federal sources and from gifts, grants, and donations. The |
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| 135 | + | money in the fund is subject to annual appropriation by the general |
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| 136 | + | assembly to the department for its administration of the school buses |
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| 137 | + | grant program. |
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| 138 | + | The school buses grant program is repealed on September 1, 2034. |
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| 139 | + | Section 4 updates the definition of "federal act" regarding the |
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| 140 | + | reference to the federal "Clean Air Act". Section 4 also updates the |
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| 141 | + | 193 |
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| 142 | + | -3- definition of "issue" with respect to an order, permit, determination, or |
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| 143 | + | notice issued by the division, to remove certified mail and add electronic |
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| 144 | + | mail as options to issue such order, permit, determination, or notice. |
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| 145 | + | Section 5 clarifies that the statutory fee caps for fees collected by |
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| 146 | + | the air quality enterprise apply only to the annual stationary source |
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| 147 | + | emission fees. The statutory fee caps are $1 million for state fiscal year |
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| 148 | + | 2021-22, $3 million for state fiscal year 2022-23, $4 million for state |
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| 149 | + | fiscal year 2023-24, and $5 million on and after July 1, 2024. |
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| 150 | + | Section 6 removes the requirement that the division make the |
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| 151 | + | forms on which a person provides details necessary for filing an air |
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| 152 | + | pollution emission notice available at all of the air pollution control |
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| 153 | + | authority offices. |
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| 154 | + | Section 7 extends the time within which the commission must |
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| 155 | + | grant or deny a request for a hearing from within 15 days after the request |
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| 156 | + | was made to within 30 days after the request was made. |
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| 157 | + | Existing law authorizes the commission to submit any additions or |
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| 158 | + | changes to the state implementation plan (SIP) to the administrator of the |
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| 159 | + | federal environmental protection agency (administrator) for conditional |
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| 160 | + | or temporary approval pending legislative council review of the additions |
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| 161 | + | or changes. Section 8 authorizes the commission to submit the changes |
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| 162 | + | or additions to the administrator as a provisional submission, pending |
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| 163 | + | possible introduction and enactment of a bill to modify or delete all or a |
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| 164 | + | portion of the commission's additions or changes to the SIP. |
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| 165 | + | Section 9 makes a conforming amendment. |
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| 166 | + | Section 10 appropriates the money transferred from the general |
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| 167 | + | fund to the cash funds created in sections 1, 2, and 3 to the office, the |
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| 168 | + | division, and the department for their administration of the programs |
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| 169 | + | described in sections 1, 2, and 3. Additionally, section 10 appropriates |
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| 170 | + | from the general fund: |
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| 171 | + | ! $750,000 to the department of personnel for the costs of |
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| 172 | + | issuing free annual eco passes to state employees; and |
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| 173 | + | ! $7,000,000 to the department of public health and |
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| 174 | + | environment to finance the aerial surveying of pollutants. |
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| 175 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 176 | + | SECTION 1. In Colorado Revised Statutes, add 24-38.5-113 |
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| 177 | + | and2 |
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| 178 | + | 24-38.5-114 as follows:3 |
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| 179 | + | 24-38.5-113. Industrial and manufacturing operations clean4 |
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| 180 | + | air grant program - creation - eligibility - fund created - gifts, grants,5 |
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| 181 | + | or donations - transfer - legislative declaration - definitions -6 |
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| 182 | + | 193-4- reporting - repeal. (1) Legislative declaration. T HE GENERAL1 |
---|
| 183 | + | ASSEMBLY HEREBY FIND AND DECLARES THAT :2 |
---|
297 | | - | HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, |
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298 | | - | 2029. |
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299 | | - | 24-38.5-117. Cannabis resource optimization cash fund - |
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300 | | - | creation - gifts, grants, or donations - repeal. (1) T |
---|
301 | | - | HE CANNABIS |
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302 | | - | RESOURCE OPTIMIZATION CASH FUND |
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303 | | - | , REFERRED TO IN THIS SECTION AS THE |
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304 | | - | "FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO ENERGY |
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305 | | - | OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF PROVIDING |
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306 | | - | ASSESSMENTS FINANCING |
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307 | | - | , GRANTS, CREDIT ENHANCEMENT OFFERINGS , AND |
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308 | | - | DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY AND WATER USE |
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309 | | - | , |
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310 | | - | PROMOTE RENEWABLE ENERGY , AND ENCOURAGE SUSTAINABLE PRACTICES |
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311 | | - | IN CANNABIS OPERATIONS |
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312 | | - | . THE FUND CONSISTS OF ANY MONEY THAT THE |
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313 | | - | GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO THE FUND AND ANY |
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314 | | - | GIFTS |
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315 | | - | , GRANTS, OR DONATIONS RECEIVED PURSUANT TO SUBSECTION (3) OF |
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316 | | - | THIS SECTION |
---|
317 | | - | . |
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| 419 | + | HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1,6 |
---|
| 420 | + | 2029.7 |
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| 421 | + | 24-38.5-114. Cannabis resource optimization cash fund -8 |
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| 422 | + | creation - gifts, grants, or donations - repeal. (1) THE CANNABIS9 |
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| 423 | + | RESOURCE OPTIMIZATION CASH FUND , REFERRED TO IN THIS SECTION AS10 |
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| 424 | + | THE "FUND", IS CREATED IN THE STATE TREASURY . THE COLORADO11 |
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| 425 | + | ENERGY OFFICE SHALL ADMINISTER THE FUND FOR THE PURPOSES OF12 |
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| 426 | + | PROVIDING ASSESSMENTS FINANCING, GRANTS, CREDIT ENHANCEMENT13 |
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| 427 | + | OFFERINGS, AND DIRECT INCENTIVES TO PRODUCERS TO REDUCE ENERGY14 |
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| 428 | + | AND WATER USE, PROMOTE RENEWABLE ENERGY, AND ENCOURAGE15 |
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| 429 | + | SUSTAINABLE PRACTICES IN CANNABIS OPERATIONS. THE FUND CONSISTS16 |
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| 430 | + | OF ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR17 |
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| 431 | + | APPROPRIATE TO THE FUND AND ANY GIFTS, GRANTS, OR DONATIONS18 |
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| 432 | + | RECEIVED PURSUANT TO SUBSECTION (3) OF THIS SECTION.19 |
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| 433 | + | (2) THE MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO20 |
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| 434 | + | THE COLORADO ENERGY OFFICE FOR THE PURPOSES SET FORTH IN21 |
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| 435 | + | SUBSECTION (1) OF THIS SECTION. THE STATE TREASURER SHALL CREDIT22 |
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| 436 | + | ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT23 |
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| 437 | + | OF MONEY IN THE FUND TO THE FUND. 24 |
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| 438 | + | (3) THE COLORADO ENERGY OFFICE MAY SEEK, ACCEPT, AND25 |
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| 439 | + | EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC26 |
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| 440 | + | SOURCES.27 |
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| 441 | + | 193 |
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| 442 | + | -11- (4) (a) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER1 |
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| 443 | + | ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE GENERAL2 |
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| 444 | + | FUND TO THE FUND.3 |
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| 445 | + | (b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2023.4 |
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| 446 | + | SECTION 2. In Colorado Revised Statutes, add part 4 to article5 |
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| 447 | + | 38.5 of title 24 as follows:6 |
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| 448 | + | PART 47 |
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| 449 | + | COMMUNITY ACCESS TO8 |
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| 450 | + | ELECTRIC BICYCLES9 |
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| 451 | + | 24-38.5-401. Legislative declaration. (1) T |
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| 452 | + | HE GENERAL10 |
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| 453 | + | ASSEMBLY HEREBY FINDS AND DECLARES THAT :11 |
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| 454 | + | (a) T |
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| 455 | + | RANSPORTATION IS THE LARGEST SINGLE SOURCE OF12 |
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| 456 | + | GREENHOUSE GAS POLLUTION IN THE STATE AND IS A MAJOR13 |
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| 457 | + | CONTRIBUTING SOURCE OF OTHER FORMS OF POLLUTION , INCLUDING14 |
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| 458 | + | OZONE PRECURSORS, HAZARDOUS AIR POLLUTANTS , NITROGEN OXIDES,15 |
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| 459 | + | AND PARTICULATE POLLUTION ;16 |
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| 460 | + | (b) I |
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| 461 | + | N 2017, NEARLY SIXTY PERCENT OF HOUSEHOLD MOTOR17 |
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| 462 | + | VEHICLE TRIPS WERE SIX MILES OR LESS AND SEVENTY-FIVE PERCENT WERE18 |
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| 463 | + | TEN MILES OR LESS;19 |
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| 464 | + | (c) F |
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| 465 | + | OR MANY PERSONS, SHORTER TRIPS MAY BE COMPLETED BY20 |
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| 466 | + | BICYCLE, ESPECIALLY IF A PERSON USES AN ELECTRIC BICYCLE;21 |
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| 467 | + | (d) E |
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| 468 | + | LECTRIC BICYCLES, WHEN COMPARED TO NONELECTRIC22 |
---|
| 469 | + | BICYCLES, ALLOW A RIDER TO TRAVEL GREATER DISTANCES , THROUGH23 |
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| 470 | + | MORE CHALLENGING TERRAIN , AND CARRY MORE CARGO;24 |
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| 471 | + | (e) A |
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| 472 | + | WIDE VARIETY OF ELECTRIC BICYCLES ARE AVAILABLE AND ,25 |
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| 473 | + | ALONG WITH NEW MODELS BECOMING AVAILABLE , ARE INCREASINGLY26 |
---|
| 474 | + | AFFORDABLE;27 |
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| 475 | + | 193 |
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| 476 | + | -12- (f) ELECTRIC BICYCLES PRODUCE ZERO EMISSIONS AND ARE AN1 |
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| 477 | + | IMPORTANT COMPONENT IN A STRATEGY FOR REDUCING EMISSIONS IN THE2 |
---|
| 478 | + | TRANSPORTATION SECTOR ; AND3 |
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| 479 | + | (g) I |
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| 480 | + | T IS IN THE INTEREST OF THE STATE TO INCREASE THE NUMBER4 |
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| 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 |
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| 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 |
---|
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 |
---|
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 |
---|
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 |
---|
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- |
---|