Colorado 2023 Regular Session

Colorado House Bill HB1294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0131.02 Sarah Lozano x3858
1	8		HOUSE BILL 23-1294
2		-	BY REPRESENTATIVE(S) Bacon and Willford, Amabile, Boesenecker,
3		-	Brown, deGruy Kennedy, Dick son, English, Epps, Garcia,
4		-	Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
5		-	Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Story,
6		-	Valdez, Velasco, Woodrow, Froelich, Herod, Mauro, McCormick, Sirota,
7		-	Titone, Vigil, Snyder, Weissman;
8		-	also SENATOR(S) Winter F. and Gonzales, Bridges, Cutter, Danielson,
9		-	Exum, Hansen, Jaquez Lewis, Kolker, Priola, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Transportation & Energy
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING MEASURES TO PROTECT COMMUNITIES FROM POLLUTION , AND,
12		-	IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds that:
16		-	(a) All people have the right to breathe clean air, yet poor air quality
17		-	frequently puts public health at risk in communities across Colorado,
18		-	particularly in disproportionately impacted communities that are subjected
19		-	to adverse cumulative impacts from multiple pollution sources;
20		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
21		-	officers and the Governor. To determine whether the Governor has signed the bill
22		-	or taken other action on it, please consult the legislative status sheet, the legislative
23		-	history, or the Session Laws.
24		-	________
25		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26		-	through words or numbers indicate deletions from existing law and such material is not part of
27		-	the act. (b) In particular, Coloradans have long suffered from high levels of
28		-	ground-level ozone pollution, which is connected to severe health impacts
29		-	including respiratory problems, cardiovascular disease, adverse birth
30		-	outcomes, and premature death and poses a significant threat to vulnerable
31		-	populations including children, the elderly, people with respiratory ailments,
32		-	the outdoor workforce, and otherwise healthy individuals who recreate
33		-	outdoors;
34		-	(c) The threats posed by ozone pollution are even more devastating
35		-	for communities of color and low-income communities that bear outsized
36		-	environmental burdens due to past and present discriminatory
37		-	environmental policies, endure higher health risks from exposure,
38		-	experience systemic injustice, and have faced exclusion from government
39		-	decision-making and enforcement efforts;
40		-	(d) Although Colorado has an ongoing ozone crisis that will worsen
41		-	with climate change, the state has repeatedly failed to meet federal ozone
42		-	standards established to protect public health and welfare in the Denver
43		-	metro/North Front Range nonattainment area where a majority of
44		-	Coloradans live, which was downgraded to a severe nonattainment area in
45		-	2022 and has been consistently ranked among the worst areas in the nation
46		-	for ozone pollution by the American lung association;
47		-	(e) The federal "Clean Air Act" requires that Colorado have
48		-	enforceable procedures in place to assess the air quality impacts of new
49		-	sources and modifications and to prevent the construction of new sources
50		-	and modifications that would cause or contribute to a violation of federal
51		-	standards;
52		-	(f) "Minor" sources of pollution, including many oil and gas sources
53		-	that are among the largest contributors to ozone, can cause and contribute
54		-	to exceedances of federal standards and have a devastating cumulative
55		-	impact on already overburdened, disproportionately impacted communities,
56		-	yet they often escape air quality impact analyses in Colorado's permitting
57		-	processes;
58		-	(g) Impacted Coloradans across the state face significant barriers
59		-	and a lack of transparency when filing complaints and submitting evidence
60		-	of permit violations and action is necessary to ensure that agencies are
61		-	empowered to respond to complaints appropriately; and
62		-	PAGE 2-HOUSE BILL 23-1294 (h) Because industrial operations also support many jobs in
63		-	Colorado, impacts on workers associated with air quality control measures
64		-	should be considered.
65		-	(2) The general assembly determines that state action to reduce
66		-	pollution is necessary to achieve environmental justice, and the state can
67		-	and should act to lower ozone and precursor levels to address the serious
68		-	health impacts experienced by communities across Colorado, especially as
69		-	the impacts of the climate crisis intensify.
70		-	(3) Therefore the general assembly determines and declares that:
71		-	(a) State agencies have a duty and a responsibility to collaborate to
72		-	protect Coloradans from harmful pollution and to comply with federal
73		-	health-based standards, which are essential steps in achieving
74		-	environmental justice and health equity for all communities;
75		-	(b) Extraordinary air quality measures should be included in the
76		-	state implementation plan for ozone when the federal environmental
77		-	protection agency classifies a nonattainment area in the state as a serious,
78		-	severe, or extreme nonattainment area;
79		-	(c) It is imperative for members of the public to be meaningfully
80		-	engaged as partners and stakeholders in Colorado's permitting processes and
81		-	enforcement of permit violations once permits are issued; and
82		-	(d) This act is necessary to ensure that Colorado addresses the
83		-	disproportionate cumulative impacts of pollution, including environmental
84		-	and health impacts, that communities across the state experience.
85		-	SECTION 2. In Colorado Revised Statutes, add 25-7-145 as
86		-	follows:
87		-	25-7-145. Legislative interim committee on ozone air quality -
88		-	created - members - repeal. (1) N
89		-	OTWITHSTANDING SECTION 2-3-303.3,
90		-	THE LEGISLATIVE INTERIM COMMITTEE ON OZONE AIR QUALITY , REFERRED
91		-	TO IN THIS SECTION AS THE
92		-	"COMMITTEE", IS CREATED.
93		-	(2) T
94		-	HE PURPOSE OF THE COMMITTEE IS TO STUDY OZONE AIR
95		-	QUALITY IN THE STATE WITH A FOCUS ON
96		-	:
97		-	PAGE 3-HOUSE BILL 23-1294 (a) INVESTIGATING THE FACTORS THAT CONTRIBUTE TO OZONE
98		-	POLLUTION IN THE STATE
99		-	, INCLUDING ANY SCIENTIFIC CONSENSUS AROUND
100		-	THE ISSUE OF OZONE POLLUTION
101		-	;
102		-	(b) A
103		-	NALYZING STRATEGIES TO ADDRESS AND IMPROVE
104		-	GROUND
105		-	-LEVEL OZONE ISSUES; AND
106		-	(c) DEVELOPING POLICY, TECHNICAL, AND FINANCIAL SOLUTIONS TO
107		-	IMPROVE OZONE AIR QUALITY IN THE STATE
108		-	.
109		-	(3) T
110		-	HE COMMITTEE CONSISTS OF:
111		-	(a) S
112		-	IX MEMBERS OF THE SENATE, WITH FOUR MEMBERS APPOINTED
113		-	BY THE PRESIDENT OF THE SENATE AND TWO MEMBERS APPOINTED BY THE
114		-	MINORITY LEADER OF THE SENATE
115		-	; AND
116		-	(b) SIX MEMBERS OF THE HOUSE OF REPRESENTATIVES , WITH FOUR
117		-	MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
118		-	AND TWO MEMBERS APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
119		-	REPRESENTATIVES
120		-	.
121		-	(4) T
122		-	HE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS OF
123		-	THE COMMITTEE NO LATER THAN
124		-	JUNE 30, 2023. IF A VACANCY ARISES ON
125		-	THE COMMITTEE
126		-	, THE APPOINTING AUTHORITY SHALL APPOINT A MEMBER TO
127		-	FILL THE VACANCY AS SOON AS POSSIBLE
128		-	.
129		-	(5) T
130		-	HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
131		-	DESIGNATE THE CHAIR OF THE COMMITTEE
132		-	. IN THE CASE OF A TIE VOTE, THE
133		-	CHAIR OF THE COMMITTEE SHALL CA ST AN ADDITIONAL DECIDING VOTE
134		-	.
135		-	(6) T
136		-	HE CHAIR OF THE COMMITTEE SHALL SCHEDULE THE FIRST
137		-	MEETING OF THE COMMITTEE NO LATER THAN SIXTY DAYS AFTER
138		-	JUNE 30,
139		-	2023.
140		-	THE COMMITTEE MAY MEET UP TO SIX TIMES DURING THE 2023
141		-	INTERIM, WHICH MAY INCLUDE FIELD TRIPS.
142		-	(7) T
143		-	HE LEGISLATIVE COUNCIL AND THE OFFICE OF LEGISLATIVE
144		-	LEGAL SERVICES SHALL PROVIDE STAFF ASSISTANCE TO THE COMMITTEE
145		-	.
146		-	(8) T
147		-	HE COMMITTEE SHALL SEEK PRESENTATIONS AND COMMENTS
148		-	FROM AFFECTED INDUSTRIES
149		-	, WORKERS, LOCAL GOVERNMENTS, RELEVANT
150		-	PAGE 4-HOUSE BILL 23-1294 STATE AGENCIES, AND IMPACTED COMMUNITIES EXPERIENCING OZONE
151		-	POLLUTION
152		-	.
153		-	(9) T
154		-	HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
155		-	SECTION 3. In Colorado Revised Statutes, 25-7-115, amend (2),
156		-	(3)(b), and (7)(b); and add (4)(a)(III) as follows:
157		-	25-7-115. Enforcement - civil actions - definitions. (2) (a) If a
158		-	written and verified
159		-	complaint is filed with the division alleging that, or if
160		-	the division itself has cause to believe that, any person is violating or failing
161		-	to comply with any regulation
162		-	RULE of the commission issued pursuant to
163		-	parts 1 to 4 of this article ARTICLE 7, order issued pursuant to section
164		-	25-7-118, requirement of the state implementation plan,
165		-	OR provision of
166		-	parts 1 to 4 of this article
167		-	ARTICLE 7, including any term or condition of a
168		-	permit required pursuant to this article ARTICLE 7, the division shall cause
169		-	a prompt
170		-	AND DILIGENT investigation to be made and,
171		-	UNLESS:
172		-	(I) T
173		-	HE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE
174		-	FRIVOLOUS
175		-	, FALSIFIED, OR TRIVIAL; OR
176		-	(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT WITHIN THE
177		-	TIME ALLOTTED FOR THE COMPLAINT TO BE INVESTIGATED
178		-	.
179		-	(b) W
180		-	ITHIN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT FILED
181		-	PURSUANT TO SUBSECTION
182		-	(2)(a) OF THIS SECTION, THE DIVISION SHALL
183		-	RESPOND TO A COMPLAINANT TO OUTLINE THE STEPS OF THE COMPLAINT
184		-	INVESTIGATION
185		-	.
186		-	(c) (I) If the division investigation determines that any such
187		-	violation or failure to comply exists, the division shall act expeditiously and
188		-	within the period prescribed by law in TO formally notifying NOTIFY the
189		-	owner or operator of such THE air pollution source after the discovery of the
190		-	alleged violation or noncompliance. Such THE notice shall MUST specify the
191		-	provision alleged to have been violated or not complied with and the facts
192		-	alleged to constitute the violation or noncompliance.
193		-	(II) I
194		-	F THE DIVISION IS ACTING IN RESPONSE TO A COMPLAINT , THE
195		-	DIVISION SHALL NOTIFY THE COMPLAINANT THAT AN INVESTIGATION HAS
196		-	COMMENCED AT THE TIME THAT THE DIVISION PROVIDES NOTICE TO THE
197		-	PAGE 5-HOUSE BILL 23-1294 OWNER OR OPERATOR OF THE AIR POLLUTION SOURCE PURSUANT TO
198		-	SUBSECTION
199		-	(2)(c)(I) OF THIS SECTION.
200		-	(d) T
201		-	HE DIVISION SHALL ACCEPT AND CONSIDER ALL RELE VANT
202		-	EVIDENCE IT RECEIVES OR ACQUIRES IN INVESTIGATING AND DETERMINING
203		-	WHETHER A VIOLATION OR NONCOMPLIANCE OCCURRED
204		-	, INCLUDING AUDIO,
205		-	VIDEO, AND TESTIMONIAL EVIDENCE, UNLESS THE EVIDENCE IS, ON ITS FACE,
206		-	FALSIFIED.
207		-	(3) (b) (I) If, after any such
208		-	THE conference PURSUANT TO
209		-	SUBSECTION
210		-	(3)(a) OF THIS SECTION, THE DIVISION DETERMINES THAT a
211		-	violation or noncompliance is determined to have
212		-	HAS occurred, the
213		-	division shall issue an order requiring the owner or operator or any other
214		-	responsible person to comply. unless the owner or operator demonstrates
215		-	that the violation occurred during a period of start-up, shutdown, or
216		-	malfunction and timely notice was given to the division of the condition.
217		-	(II) IF A COMPLAINT IS FILED PURSUANT TO SUBSECTION (2)(a) OF
218		-	THIS SECTION ALLEGING THE VIOLATION OR NONCOMPLIANCE
219		-	, THE DIVISION
220		-	SHALL SEND THE ORDER TO THE COMPLAINANT
221		-	.
222		-	(III) The order may:
223		-	(A) Include
224		-	THE termination, modification
225		-	ALTERATION, or
226		-	revocation and reissuance of the subject permit;
227		-	(B) I
228		-	NCLUDE the assessment of civil penalties in accordance with
229		-	section 25-7-122 and
230		-	SUBSECTION (3)(b)(IV) OF THIS SECTION;
231		-	(C) In addition to civil penalties,
232		-	INCLUDE a requirement to perform
233		-	one or more projects to mitigate violations related to excess emissions; The
234		-	order may also AND
235		-	(D) Require the calculation of a noncompliance penalty under
236		-	subsection (5) of this section.
237		-	(IV) I
238		-	N DETERMINING THE AMOUNT TO ASSESS FOR A CIVIL PENALTY
239		-	FOR A VIOLATION OR NONCOMPLIANCE
240		-	, THE DIVISION SHALL:
241		-	(A) C
242		-	ONSIDER THE FACTORS DESCRIBED IN SECTION 25-7-122 (2)(a);
243		-	PAGE 6-HOUSE BILL 23-1294 AND
244		-	(B) NOT ASSESS A PENALTY FOR A VIOLATION OR NONCOMPLIANCE
245		-	THAT IS LESS THAN THE ECONOMIC BENEFIT THAT THE OWNER OR OPERATOR
246		-	DERIVED FROM THE VIOLATION OR NONCOMPLIANCE
247		-	.
248		-	(V) Unless enforcement of its order has been stayed as provided in
249		-	subsection (4)(b) of this section, the division may seek enforcement,
250		-	IN THE
251		-	DISTRICT COURT FOR THE DISTRICT WHERE THE AFFECTED AIR POLLUTION
252		-	SOURCE IS LOCATED
253		-	, OF:
254		-	(A) Pursuant to section 25-7-121 or 25-7-122, of the
255		-	AN applicable
256		-	rule of the commission;
257		-	(B) A
258		-	N order issued pursuant to section 25-7-121 or 25-7-122 or the
259		-	applicable rule of the commission;
260		-	(C) A
261		-	N order issued pursuant to section 25-7-118;
262		-	(D) A requirement of the state implementation plan;
263		-	(E) A provision of this article 7; or
264		-	(F) T
265		-	HE terms or conditions of a permit required pursuant to this
266		-	article 7. in the district court for the district where the affected air pollution
267		-	source is located.
268		-	(VI) The court shall issue an appropriate order, which may include
269		-	a schedule for compliance by the owner or operator of the source.
270		-	(4) (a) (III) I
271		-	F A HEARING IS REQUESTED PURSUANT TO SUBSECTION
272		-	(4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL PROVIDE AT LEAST
273		-	FORTY
274		-	-FIVE DAYS' NOTICE TO ANY COMPLAINANT THAT FILED A COMPLAINT
275		-	PURSUANT TO SUBSECTION
276		-	(2)(a) OF THIS SECTION ALLEGING A VIOLATION
277		-	OR NONCOMPLIANCE AT ISSUE IN THE HEARING
278		-	. THE COMPLAINANT MAY
279		-	PARTICIPATE AS A PARTY TO THE HEARING
280		-	.
281		-	(7) (b) The division may, after notice and opportunity for a public
282		-	hearing, exempt
283		-	THE OWNER OR OPERATOR OF any stationary source from
284		-	the duty to pay a noncompliance penalty pursuant to this section with
285		-	PAGE 7-HOUSE BILL 23-1294 respect to a particular instance of noncompliance if it finds that such THE
286		-	instance of noncompliance is inconsequential in nature and duration. Any
287		-	instance of noncompliance occurring during a period of start-up, shutdown,
288		-	or malfunction shall be deemed to be inconsequential. If a public hearing
289		-	is requested by an interested person, the request shall MUST be transmitted
290		-	to the commission within twenty calendar days of AFTER its receipt by the
291		-	division. The commission shall, within sixty calendar days of AFTER its
292		-	receipt of the request, hold a public hearing, with respect thereto and within
293		-	thirty calendar days of such AFTER THE hearing, issue its decision.
294		-	SECTION 4. In Colorado Revised Statutes, 25-7-122, amend (2)(a)
295		-	introductory portion, (2)(a)(VII), and (2)(a)(VIII); and add (2)(a)(IX) as
296		-	follows:
297		-	25-7-122. Civil penalties - rules - definitions. (2) (a) In
298		-	determining the amount of any civil penalty, the following factors DIVISION
299		-	shall be considered CONSIDER THE FOLLOWING FACTORS :
300		-	(VII) Malfeasance; and
301		-	(VIII) Whether legal and factual theories were advanced for
302		-	purposes of delay;
303		-	AND
304		-	(IX) THE SEVERITY OF THE VIOLATION OR NONCOMPLIANCE .
305		-	SECTION 5. In Colorado Revised Statutes, 25-7-123.1, amend (1)
306		-	as follows:
307		-	25-7-123.1. Statute of limitations - penalty assessment - criteria.
308		-	(1) (a) E
309		-	XCEPT WITH RESPECT TO ANY ACTION COMMENCED TO ADDRESS A
310		-	FAILURE TO OBTAIN A PERMIT REQUIRED BY THIS ARTICLE
311		-	7, any action
312		-	COMMENCED FOR THE ASSESSMENT OF CIVIL PENALTIES , pursuant to this
313		-	section
314		-	ARTICLE 7, THAT IS not commenced within five years of AFTER THE
315		-	occurrence of the alleged violation is time barred.
316		-	(b) Without expanding the statute of limitations contained in
317		-	paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION, any
318		-	action
319		-	COMMENCED, INCLUDING THE ASSESSMENT OF CIVIL PENALTIES ,
320		-	pursuant to this article
321		-	ARTICLE 7, except those commenced pursuant to
322		-	section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), which THAT is not commenced
323		-	PAGE 8-HOUSE BILL 23-1294 within eighteen months of AFTER the date upon which the division discovers
324		-	the alleged violation is time barred. For purposes of this section, the
325		-	division discovers the alleged violation when it learns of the alleged
326		-	violation or should have learned of the alleged violation by the exercise of
327		-	reasonable diligence, including by receipt of actual or constructive notice.
328		-	(c) The five-year period of limitation contained
329		-	PERIODS OF
330		-	LIMITATION DESCRIBED
331		-	in this section does
332		-	DO not apply where THE
333		-	ALLEGED VIOLATOR KNOWINGLY OR WILLFULLY CONCEALS
334		-	information
335		-	regarding the alleged violation. is knowingly or willfully concealed by thealleged violator.
336		-	SECTION 6. In Colorado Revised Statutes, 34-60-106, add (11)(d)
337		-	as follows:
338		-	34-60-106. Additional powers of commission - rules - definitions
339		-	- repeal. (11) (d) (I) B
340		-	Y APRIL 28, 2024, THE COMMISSION SHALL
341		-	PROMULGATE RULES THAT EVALUATE AND ADDRESS THE CUMULATIVE
342		-	IMPACTS OF OIL AND GAS OPERATIONS
343		-	. THE RULES SHALL INCLUDE A
344		-	DEFINITION OF CUMULATIVE IMPACTS
345		-	.
346		-	(II) T
347		-	HE COMMISSION SHALL PROVIDE RESOURCES TO SUPPORT
348		-	COMMUNITY ENGAGEMENT IN THE PROCESS FROM AFFECTED COMMUNITIES
349		-	,
350		-	INCLUDING TRANSLATION, OUTREACH, AND OTHER STRATEGIES TO SUPPORT
351		-	PUBLIC PARTICIPATION
352		-	.
	14	+	ONCERNING MEASURES TO PROTECT COMMUNITIES FROM101
	15	+	POLLUTION, AND, IN CONNECTION THEREWITH, MAKING AN102
	16	+	APPROPRIATION.103
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	Section 2 of the bill removes the requirement that the air quality
	25	+	control commission (AQCC) promulgate rules setting the conditions and
	26	+	limitations for periods of start-up, shutdown, or malfunction of a source
	27	+	of air pollution (source) that justify temporary relief from an emission
	28	+	control regulation.
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	May 8, 2023
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	May 7, 2023
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	May 1, 2023
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 29, 2023
	41	+	HOUSE SPONSORSHIP
	42	+	Bacon and Willford, Amabile, Boesenecker, Brown, deGruy Kennedy, Dickson, English,
	43	+	Epps, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
	44	+	Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Story, Valdez, Velasco,
	45	+	Woodrow, Froelich, Herod, Mauro, McCormick, Sirota, Titone, Vigil
	46	+	SENATE SPONSORSHIP
	47	+	Winter F. and Gonzales, Bridges, Cutter, Danielson, Exum, Fenberg, Hansen, Jaquez
	48	+	Lewis, Kolker, Priola
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. Current law provides that a person shall not permit the emission
	52	+	of air pollutants at a nonresidential structure unless an air pollution
	53	+	emission notice has been filed with the division of administration in the
	54	+	department of public health and environment (division). Section 5 adds
	55	+	the requirements that any:
	56	+	! Relevant permits have been approved by the division; and
	57	+	! Applicable period of review by the federal environmental
	58	+	protection agency has been completed.
	59	+	Section 6 removes the prohibition against the AQCC adopting
	60	+	rules covering indirect sources that are more stringent than applicable
	61	+	federal law.
	62	+	Section 6 also requires the division, in evaluating a construction
	63	+	permit application for a source that includes new oil and gas operations,
	64	+	to:
	65	+	! Aggregate emissions from a proposed or modified oil and
	66	+	gas system; and
	67	+	! Consider emissions from exploration and preproduction
	68	+	activities if a proposed or modified oil and gas system is in
	69	+	an ozone nonattainment area and if the activities will be
	70	+	conducted beginning May 1 and ending August 31 of any
	71	+	year (ozone season).
	72	+	Section 8 clarifies that only the filing of a renewable operating
	73	+	permit application can operate as a defense to an enforcement action for
	74	+	operating without a permit during the time period that the division or the
	75	+	AQCC is reviewing the permit application.
	76	+	Current law requires the division or the AQCC to give public
	77	+	notice of certain construction permit applications or renewable operating
	78	+	permit applications and of certain public hearings through a newspaper
	79	+	publication or another method that ensures effective public notice.
	80	+	Current law also requires the division to maintain a copy of a construction
	81	+	permit application and applicable preliminary analysis or a notice of
	82	+	public hearing with the county clerk and recorder of the county where the
	83	+	applicable project is located. Section 8 also removes the newspaper
	84	+	publication option and the county clerk and recorder filing requirements
	85	+	and provides for alternative methods of giving public notice, including
	86	+	posting information about the application or any public hearings on the
	87	+	division's or the AQCC's website.
	88	+	Current law requires the division or AQCC to make a finding that
	89	+	a source or activity will meet all applicable emission control regulations,
	90	+	including ambient air quality standards (AAQS), before granting a permit
	91	+	for the source or activity. Section 8 also requires that, beginning January
	92	+	1, 2024, for at least any source or activity that has the potential to emit
	93	+	levels of air contaminants above certain modeling thresholds, the division
	94	+	or AQCC must base any finding that the source or activity will not cause
	95	+	or contribute to an exceedance of applicable AAQS on air quality
	96	+	1294
	97	+	-2- modeling.
	98	+	Section 8 also allows the division, after an investigation into
	99	+	whether an activity meets the requirements of a construction permit, to
	100	+	propose additional terms and conditions of the construction permit.
	101	+	With respect to a complaint alleging or the division's own belief
	102	+	regarding a violation or noncompliance (violation), section 9 requires the
	103	+	division to:
	104	+	! Cause a diligent investigation into the violation to be made
	105	+	unless the complaint clearly appears to be frivolous or
	106	+	trivial or the complainant withdraws the complaint;
	107	+	! Notify the owner or operator of the applicable air pollution
	108	+	source of the complaint or the division's belief of an
	109	+	alleged violation within 30 days after the complaint was
	110	+	filed or the division discovered the alleged violation;
	111	+	! Consider all relevant evidence that it acquires when
	112	+	investigating the alleged violation; and
	113	+	! Determine whether a violation occurred within 90 days
	114	+	after the division gives notice that it has commenced an
	115	+	investigation on the matter.
	116	+	If the division determines that a violation has occurred, current law
	117	+	requires the division to issue a compliance order unless the responsible
	118	+	party gives timely notice that the violation occurred during a period of
	119	+	start-up, shutdown, or malfunction. Section 9 removes the exception for
	120	+	periods of start-up, shutdown, or malfunction.
	121	+	Section 9 also requires, if a hearing is requested after the receipt
	122	+	of a compliance order, the commission to provide at least 45 days' notice
	123	+	to any complainant that submitted a complaint alleging the applicable
	124	+	violation.
	125	+	Section 9 also allows a complainant to submit a request for a
	126	+	hearing within 20 calendar days after receipt of a determination by the
	127	+	division that no violation occurred.
	128	+	Current law provides that any noncompliance that occurs during
	129	+	a period of start-up, shutdown, or malfunction exempts the owner or
	130	+	operator of a source from the duty to pay penalties related to that
	131	+	noncompliance. Section 9 removes this provision.
	132	+	Section 9 also allows a person, with respect to certain clean air
	133	+	regulations, to commence a civil action (action) against an alleged
	134	+	violator for a current or past violation of the regulation. A person shall
	135	+	not commence an action until at least 60 days after a notice has been
	136	+	provided to the executive director of the department, the director of the
	137	+	division, and the alleged violator. Except for violations of an ongoing or
	138	+	recurring nature, any action that is not commenced within 5 years after
	139	+	the discovery of the alleged violation is time barred.
	140	+	Current law requires the division to consider certain factors in
	141	+	determining the amount of a civil penalty to assess for a violation.
	142	+	1294
	143	+	-3- Section 10 requires the division to also consider the impact of the
	144	+	violation on safety and wildlife and biological resources and the severity
	145	+	of the violation.
	146	+	Current law provides that any action related to an alleged violation
	147	+	of air quality laws that is not commenced within 5 years after the
	148	+	occurrence of the alleged violation is time barred. Section 11 excludes
	149	+	actions commenced to address a failure to obtain a permit from this
	150	+	statute of limitation.
	151	+	Section 12 creates new electrification requirements and emissions
	152	+	standards for stationary engines used in oil and gas operations.
	153	+	Section 13 creates new control measures that must be included in
	154	+	any state implementation plan for ozone adopted by the AQCC until a
	155	+	serious, severe, or extreme ozone nonattainment area in the state is
	156	+	redesignated as a maintenance area by the federal environmental
	157	+	protection agency.
	158	+	Section 15 requires the district court, in a suit against a person that
	159	+	has violated a state law, rule, or order related to oil and gas, to award the
	160	+	initial complaining party any costs of litigation incurred by the initial
	161	+	complaining party if the court determines that the award is appropriate.
	162	+	Section 16 allows any person to submit a complaint to the oil and
	163	+	gas conservation commission (COGCC) alleging a violation of a state
	164	+	law, rule, or order related to oil and gas. Upon receipt of the complaint,
	165	+	the COGCC or the director of the COGCC is required to promptly
	166	+	commence and complete an investigation into the violation alleged by the
	167	+	complaint, unless the complaint clearly appears on its face to be trivial or
	168	+	the complainant withdraws the complaint.
	169	+	Section 17 requires the COGCC to evaluate and address adverse
	170	+	cumulative impacts on the environment and disproportionately impacted
	171	+	communities for each permit application for a new or substantially
	172	+	modified oil and gas location through a cumulative impact analysis.
	173	+	Be it enacted by the General Assembly of the State of Colorado:1
	174	+	SECTION 1. Legislative declaration. (1) The general assembly2
	175	+	finds that:3
	176	+	(a) All people have the right to breathe clean air, yet poor air4
	177	+	quality frequently puts public health at risk in communities across5
	178	+	Colorado, particularly in disproportionately impacted communities that6
	179	+	are subjected to adverse cumulative impacts from multiple pollution7
	180	+	sources;8
	181	+	1294-4- (b) In particular, Coloradans have long suffered from high levels1
	182	+	of ground-level ozone pollution, which is connected to severe health2
	183	+	impacts including respiratory problems, cardiovascular disease, adverse3
	184	+	birth outcomes, and premature death and poses a significant threat to4
	185	+	vulnerable populations including children, the elderly, people with5
	186	+	respiratory ailments, the outdoor workforce, and otherwise healthy6
	187	+	individuals who recreate outdoors;7
	188	+	(c) The threats posed by ozone pollution are even more8
	189	+	devastating for communities of color and low-income communities that9
	190	+	bear outsized environmental burdens due to past and present10
	191	+	discriminatory environmental policies, endure higher health risks from11
	192	+	exposure, experience systemic injustice, and have faced exclusion from12
	193	+	government decision-making and enforcement efforts;13
	194	+	(d) Although Colorado has an ongoing ozone crisis that will14
	195	+	worsen with climate change, the state has repeatedly failed to meet15
	196	+	federal ozone standards established to protect public health and welfare16
	197	+	in the Denver metro/North Front Range nonattainment area where a17
	198	+	majority of Coloradans live, which was downgraded to a severe18
	199	+	nonattainment area in 2022 and has been consistently ranked among the19
	200	+	worst areas in the nation for ozone pollution by the American lung20
	201	+	association;21
	202	+	(e) The federal "Clean Air Act" requires that Colorado have22
	203	+	enforceable procedures in place to assess the air quality impacts of new23
	204	+	sources and modifications and to prevent the construction of new sources24
	205	+	and modifications that would cause or contribute to a violation of federal25
	206	+	standards;26
	207	+	(f) "Minor" sources of pollution, including many oil and gas27
	208	+	1294
	209	+	-5- sources that are among the largest contributors to ozone, can cause and1
	210	+	contribute to exceedances of federal standards and have a devastating2
	211	+	cumulative impact on already overburdened, disproportionately impacted3
	212	+	communities, yet they often escape air quality impact analyses in4
	213	+	Colorado's permitting processes;5
	214	+	(g) Impacted Coloradans across the state face significant barriers6
	215	+	and a lack of transparency when filing complaints and submitting7
	216	+	evidence of permit violations and action is necessary to ensure that8
	217	+	agencies are empowered to respond to complaints appropriately; and9
	218	+	(h) Because industrial operations also support many jobs in10
	219	+	Colorado, impacts on workers associated with air quality control11
	220	+	measures should be considered.12
	221	+	(2) The general assembly determines that state action to reduce13
	222	+	pollution is necessary to achieve environmental justice, and the state can14
	223	+	and should act to lower ozone and precursor levels to address the serious15
	224	+	health impacts experienced by communities across Colorado, especially16
	225	+	as the impacts of the climate crisis intensify.17
	226	+	(3) Therefore the general assembly determines and declares that:18
	227	+	(a) State agencies have a duty and a responsibility to collaborate19
	228	+	to protect Coloradans from harmful pollution and to comply with federal20
	229	+	health-based standards, which are essential steps in achieving21
	230	+	environmental justice and health equity for all communities;22
	231	+	(b) Extraordinary air quality measures should be included in the23
	232	+	state implementation plan for ozone when the federal environmental24
	233	+	protection agency classifies a nonattainment area in the state as a serious,25
	234	+	severe, or extreme nonattainment area;26
	235	+	(c) It is imperative for members of the public to be meaningfully27
	236	+	1294
	237	+	-6- engaged as partners and stakeholders in Colorado's permitting processes1
	238	+	and enforcement of permit violations once permits are issued; and2
	239	+	(d) This act is necessary to ensure that Colorado addresses the3
	240	+	disproportionate cumulative impacts of pollution, including4
	241	+	environmental and health impacts, that communities across the state5
	242	+	experience.6
	243	+	SECTION 2. In Colorado Revised Statutes, add 25-7-145 as7
	244	+	follows:8
	245	+	25-7-145. Legislative interim committee on ozone air quality9
	246	+	- created - members - repeal. (1) NOTWITHSTANDING SECTION10
	247	+	2-3-303.3, THE LEGISLATIVE INTERIM COMMITTEE ON OZONE AIR QUALITY ,11
	248	+	REFERRED TO IN THIS SECTION AS THE "COMMITTEE", IS CREATED.12
	249	+	(2) THE PURPOSE OF THE COMMITTEE IS TO STUDY OZONE AIR13
	250	+	QUALITY IN THE STATE WITH A FOCUS ON:14
	251	+	(a) INVESTIGATING THE FACTORS THAT CONTRIBUTE TO OZONE15
	252	+	POLLUTION IN THE STATE, INCLUDING ANY SCIENTIFIC CONSENSUS AROUND16
	253	+	THE ISSUE OF OZONE POLLUTION;17
	254	+	(b) ANALYZING STRATEGIES TO ADDRESS AND IMPROVE18
	255	+	GROUND-LEVEL OZONE ISSUES; AND19
	256	+	(c) DEVELOPING POLICY, TECHNICAL, AND FINANCIAL SOLUTIONS20
	257	+	TO IMPROVE OZONE AIR QUALITY IN THE STATE .21
	258	+	(3) THE COMMITTEE CONSISTS OF:22
	259	+	(a) SIX MEMBERS OF THE SENATE, WITH FOUR MEMBERS APPOINTED23
	260	+	BY THE PRESIDENT OF THE SENATE AND TWO MEMBERS APPOINTED BY THE24
	261	+	MINORITY LEADER OF THE SENATE; AND25
	262	+	(b) SIX MEMBERS OF THE HOUSE OF REPRESENTATIVES, WITH FOUR26
	263	+	MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF27
	264	+	1294
	265	+	-7- REPRESENTATIVES AND TWO MEMBERS APPOINTED BY THE MINORITY1
	266	+	LEADER OF THE HOUSE OF REPRESENTATIVES .2
	267	+	(4) THE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS3
	268	+	OF THE COMMITTEE NO LATER THAN JUNE 30, 2023. IF A VACANCY ARISES4
	269	+	ON THE COMMITTEE, THE APPOINTING AUTHORITY SHALL APPOINT A5
	270	+	MEMBER TO FILL THE VACANCY AS SOON AS POSSIBLE .6
	271	+	(5) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL7
	272	+	DESIGNATE THE CHAIR OF THE COMMITTEE. IN THE CASE OF A TIE VOTE,8
	273	+	THE CHAIR OF THE COMMITTEE SHALL CAST AN ADDITIONAL DECIDING9
	274	+	VOTE.10
	275	+	(6) THE CHAIR OF THE COMMITTEE SHALL SCHEDULE THE FIRST11
	276	+	MEETING OF THE COMMITTEE NO LATER THAN SIXTY DAYS AFTER JUNE 30,12
	277	+	2023. THE COMMITTEE MAY MEET UP TO SIX TIMES DURING THE 202313
	278	+	INTERIM, WHICH MAY INCLUDE FIELD TRIPS. 14
	279	+	15
	280	+	(7) THE LEGISLATIVE COUNCIL AND THE OFFICE OF LEGISLATIVE16
	281	+	LEGAL SERVICES SHALL PROVIDE STAFF ASSISTANCE TO THE COMMITTEE.17
	282	+	(8) THE COMMITTEE SHALL SEEK PRESENTATIONS AND COMMENTS18
	283	+	FROM AFFECTED INDUSTRIES, WORKERS, LOCAL GOVERNMENTS, RELEVANT19
	284	+	STATE AGENCIES, AND IMPACTED COMMUNITIES EXPERIENCING OZONE20
	285	+	POLLUTION.21
	286	+	(9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.22
	287	+	SECTION 3. In Colorado Revised Statutes, 25-7-115, amend (2),23
	288	+	(3)(b), and (7)(b); and add (4)(a)(III) as follows:24
	289	+	25-7-115. Enforcement - civil actions - definitions. (2) (a) If a25
	290	+	written and verified complaint is filed with the division alleging that, or26
	291	+	if the division itself has cause to believe that, any person is violating or27
	292	+	1294
	293	+	-8- failing to comply with any regulation RULE of the commission issued1
	294	+	pursuant to parts 1 to 4 of this article ARTICLE 7, order issued pursuant to2
	295	+	section 25-7-118, requirement of the state implementation plan, OR3
	296	+	provision of parts 1 to 4 of this article ARTICLE 7, including any term or4
	297	+	condition of a permit required pursuant to this article ARTICLE 7, the5
	298	+	division shall cause a prompt AND DILIGENT investigation to be made and,6
	299	+	UNLESS:7
	300	+	(I) THE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE8
	301	+	FRIVOLOUS, FALSIFIED, OR TRIVIAL; OR9
	302	+	(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT WITHIN THE10
	303	+	TIME ALLOTTED FOR THE COMPLAINT TO BE INVESTIGATED .11
	304	+	(b) WITHIN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT FILED12
	305	+	PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE DIVISION SHALL13
	306	+	RESPOND TO A COMPLAINANT TO OUTLINE THE STEPS OF THE COMPLAINT14
	307	+	INVESTIGATION.15
	308	+	(c) (I) If the division investigation determines that any such16
	309	+	violation or failure to comply exists, the division shall act expeditiously17
	310	+	and within the period prescribed by law in TO formally notifying NOTIFY18
	311	+	the owner or operator of such THE air pollution source after the discovery19
	312	+	of the alleged violation or noncompliance. Such THE notice shall MUST20
	313	+	specify the provision alleged to have been violated or not complied with21
	314	+	and the facts alleged to constitute the violation or noncompliance.22
	315	+	(II) IF THE DIVISION IS ACTING IN RESPONSE TO A COMPLAINT, THE23
	316	+	DIVISION SHALL NOTIFY THE COMPLAINANT THAT AN INVESTIGATION HAS24
	317	+	COMMENCED AT THE TIME THAT THE DIVISION PROVIDES NOTICE TO THE25
	318	+	OWNER OR OPERATOR OF THE AIR POLLUTION SOURCE PURSUANT TO26
	319	+	SUBSECTION (2)(c)(I) OF THIS SECTION.27
	320	+	1294
	321	+	-9- (d) THE DIVISION SHALL ACCEPT AND CONSIDER ALL RELEVANT1
	322	+	EVIDENCE IT RECEIVES OR ACQUIRES IN INVESTIGATING AND DETERMINING2
	323	+	WHETHER A VIOLATION OR NONCOMPLIANCE OCCURRED, INCLUDING3
	324	+	AUDIO, VIDEO, AND TESTIMONIAL EVIDENCE, UNLESS THE EVIDENCE IS, ON4
	325	+	ITS FACE, FALSIFIED.5
	326	+	(3) (b) (I) If, after any such THE conference PURSUANT TO6
	327	+	SUBSECTION (3)(a) OF THIS SECTION, THE DIVISION DETERMINES THAT a7
	328	+	violation or noncompliance is determined to have HAS occurred, the8
	329	+	division shall issue an order requiring the owner or operator or any other9
	330	+	responsible person to comply. unless the owner or operator demonstrates10
	331	+	that the violation occurred during a period of start-up, shutdown, or11
	332	+	malfunction and timely notice was given to the division of the condition.12
	333	+	(II) IF A COMPLAINT IS FILED PURSUANT TO SUBSECTION (2)(a) OF13
	334	+	THIS SECTION ALLEGING THE VIOLATION OR NONCOMPLIANCE, THE14
	335	+	DIVISION SHALL SEND THE ORDER TO THE COMPLAINANT .15
	336	+	(III) The order may:16
	337	+	(A) Include THE termination, modification ALTERATION, or17
	338	+	revocation and reissuance of the subject permit;18
	339	+	(B) INCLUDE the assessment of civil penalties in accordance with19
	340	+	section 25-7-122 and SUBSECTION (3)(b)(IV) OF THIS SECTION;20
	341	+	(C) In addition to civil penalties, INCLUDE a requirement to21
	342	+	perform one or more projects to mitigate violations related to excess22
	343	+	emissions; The order may also AND23
	344	+	(D) Require the calculation of a noncompliance penalty under24
	345	+	subsection (5) of this section.25
	346	+	(IV) IN DETERMINING THE AMOUNT TO ASSESS FOR A CIVIL26
	347	+	PENALTY FOR A VIOLATION OR NONCOMPLIANCE , THE DIVISION SHALL:27
	348	+	1294
	349	+	-10- (A) CONSIDER THE FACTORS DESCRIBED IN SECTION 25-7-1221
	350	+	(2)(a); AND2
	351	+	(B) NOT ASSESS A PENALTY FOR A VIOLATION OR NONCOMPLIANCE3
	352	+	THAT IS LESS THAN THE ECONOMIC BENEFIT THAT THE OWNER OR4
	353	+	OPERATOR DERIVED FROM THE VIOLATION OR NONCOMPLIANCE .5
	354	+	(V) Unless enforcement of its order has been stayed as provided6
	355	+	in subsection (4)(b) of this section, the division may seek enforcement, IN7
	356	+	THE DISTRICT COURT FOR THE DISTRICT WHERE THE AFFECTED AIR8
	357	+	POLLUTION SOURCE IS LOCATED, OF:9
	358	+	(A) Pursuant to section 25-7-121 or 25-7-122, of the AN10
	359	+	applicable rule of the commission;11
	360	+	(B) AN order issued pursuant to section 25-7-121 or 25-7-122 or12
	361	+	the applicable rule of the commission;13
	362	+	(C) AN order issued pursuant to section 25-7-118;14
	363	+	(D) A requirement of the state implementation plan;15
	364	+	(E) A provision of this article 7; or16
	365	+	(F) THE terms or conditions of a permit required pursuant to this17
	366	+	article 7. in the district court for the district where the affected air18
	367	+	pollution source is located.19
	368	+	(VI) The court shall issue an appropriate order, which may include20
	369	+	a schedule for compliance by the owner or operator of the source.21
	370	+	(4) (a) (III) IF A HEARING IS REQUESTED PURSUANT TO SUBSECTION22
	371	+	(4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL PROVIDE AT LEAST23
	372	+	FORTY-FIVE DAYS' NOTICE TO ANY COMPLAINANT THAT FILED A24
	373	+	COMPLAINT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION ALLEGING25
	374	+	A VIOLATION OR NONCOMPLIANCE AT ISSUE IN THE HEARING . THE26
	375	+	COMPLAINANT MAY PARTICIPATE AS A PARTY TO THE HEARING .27
	376	+	1294
	377	+	-11- (7) (b) The division may, after notice and opportunity for a public1
	378	+	hearing, exempt THE OWNER OR OPERATOR OF any stationary source from2
	379	+	the duty to pay a noncompliance penalty pursuant to this section with3
	380	+	respect to a particular instance of noncompliance if it finds that such THE4
	381	+	instance of noncompliance is inconsequential in nature and duration. Any5
	382	+	instance of noncompliance occurring during a period of start-up,6
	383	+	shutdown, or malfunction shall be deemed to be inconsequential. If a7
	384	+	public hearing is requested by an interested person, the request shall MUST8
	385	+	be transmitted to the commission within twenty calendar days of AFTER9
	386	+	its receipt by the division. The commission shall, within sixty calendar10
	387	+	days of AFTER its receipt of the request, hold a public hearing, with11
	388	+	respect thereto and within thirty calendar days of such AFTER THE hearing,12
	389	+	issue its decision.13
	390	+	SECTION 4. In Colorado Revised Statutes, 25-7-122, amend14
	391	+	(2)(a) introductory portion, (2)(a)(VII), and (2)(a)(VIII); and add15
	392	+	(2)(a)(IX) as follows:16
	393	+	25-7-122. Civil penalties - rules - definitions. (2) (a) In17
	394	+	determining the amount of any civil penalty, the following factors18
	395	+	DIVISION shall be considered CONSIDER THE FOLLOWING FACTORS :19
	396	+	(VII) Malfeasance; and20
	397	+	(VIII) Whether legal and factual theories were advanced for21
	398	+	purposes of delay; AND22
	399	+	(IX) THE SEVERITY OF THE VIOLATION OR NONCOMPLIANCE .23
	400	+	SECTION 5. In Colorado Revised Statutes, 25-7-123.1, amend24
	401	+	(1) as follows:25
	402	+	25-7-123.1. Statute of limitations - penalty assessment -26
	403	+	criteria. (1) (a) EXCEPT WITH RESPECT TO ANY ACTION COMMENCED TO27
	404	+	1294
	405	+	-12- ADDRESS A FAILURE TO OBTAIN A PERMIT REQUIRED BY THIS ARTICLE 7,1
	406	+	any action COMMENCED FOR THE ASSESSMENT OF CIVIL PENALTIES,2
	407	+	pursuant to this section ARTICLE 7 THAT IS not commenced within five3
	408	+	years of AFTER THE occurrence of the alleged violation is time barred.4
	409	+	(b) Without expanding the statute of limitations contained in5
	410	+	paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION,6
	411	+	any action COMMENCED, INCLUDING THE ASSESSMENT OF CIVIL PENALTIES,7
	412	+	pursuant to this article ARTICLE 7, except those commenced pursuant to8
	413	+	section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), which THAT is not9
	414	+	commenced within eighteen months of AFTER the date upon which the10
	415	+	division discovers the alleged violation is time barred. For purposes of11
	416	+	this section, the division discovers the alleged violation when it learns of12
	417	+	the alleged violation or should have learned of the alleged violation by the13
	418	+	exercise of reasonable diligence, including by receipt of actual or14
	419	+	constructive notice.15
	420	+	(c) The five-year period of limitation contained PERIODS OF16
	421	+	LIMITATION DESCRIBED in this section does DO not apply where THE17
	422	+	ALLEGED VIOLATOR KNOWINGLY OR WILLFULLY CONCEALS information18
	423	+	regarding the alleged violation. is knowingly or willfully concealed by the19
	424	+	alleged violator.20
	425	+	SECTION 6. In Colorado Revised Statutes, 34-60-106, add21
	426	+	(11)(d) as follows:22
	427	+	34-60-106. Additional powers of commission - rules -23
	428	+	definitions - repeal. (11) (d) (I) B
	429	+	Y APRIL 28, 2024, THE COMMISSION
	430	+	24
	431	+	SHALL PROMULGATE RULES THAT EVALUATE AND ADDRESS THE25
	432	+	CUMULATIVE IMPACTS OF OIL AND GAS OPERATIONS . THE RULES SHALL26
	433	+	INCLUDE A DEFINITION OF CUMULATIVE IMPACTS .27
	434	+	1294
	435	+	-13- (II) THE COMMISSION SHALL PROVIDE RESOURCES TO SUPPORT1
	436	+	COMMUNITY ENGAGEMENT IN THE PROCESS FROM AFFECTED2
	437	+	COMMUNITIES, INCLUDING TRANSLATION , OUTREACH, AND OTHER3
	438	+	STRATEGIES TO SUPPORT PUBLIC PARTICIPATION .4
353	439		(III) I
354		-	N PROMULGATING THE DEFINITION OF CUMULATIVE IMPACTS BY
355		-	RULE PURSUANT TO SUBSECTION
356		-	(11)(d)(I) OF THIS SECTION, THE
357		-	COMMISSION SHALL REVIEW
358		-	, CONSIDER, AND INCLUDE ADDRESSABLE
359		-	IMPACTS TO CLIMATE
360		-	, PUBLIC HEALTH, THE ENVIRONMENT, AIR QUALITY,
361		-	WATER QUALITY, NOISE, ODOR, WILDLIFE, AND BIOLOGICAL RESOURCES, AND
362		-	TO DISPROPORTIONATELY IMPACTED COMMUNITIES
363		-	, AS DEFINED IN SECTION
364		-	24-4-109 (2)(b)(II).
	440	+	N PROMULGATING THE DEFINITION OF CUMULATIVE IMPACTS
	441	+	5
	442	+	BY RULE PURSUANT TO SUBSECTION (11)(d)(I) OF THIS SECTION, THE6
	443	+	COMMISSION SHALL REVIEW , CONSIDER, AND INCLUDE ADDRESSABLE7
	444	+	IMPACTS TO CLIMATE, PUBLIC HEALTH, THE ENVIRONMENT, AIR QUALITY,8
	445	+	WATER QUALITY, NOISE, ODOR, WILDLIFE, AND BIOLOGICAL RESOURCES,9
	446	+	AND TO DISPROPORTIONATELY IMPACTED COMMUNITIES , AS DEFINED IN10
	447	+	SECTION 24-4-109 (2)(b)(II).11
365	448		(IV) A
366	449		S USED IN THIS SUBSECTION (11)(d), "IMPACTS TO CLIMATE"
367		-	MEANS QUANTIFICATION OF EMISSIONS OF GREENHOUSE GASES , AS DEFINED
368		-	IN SECTION
369		-	25-7-140 (6), THAT OCCUR FROM SOURCES THAT ARE
370		-	CONTROLLED OR OWNED BY THE OPERATOR AND REASONABLY FORESEEABLE
371		-	TRUCK TRAFFIC AT AN OIL AND GAS LOCATION
372		-	.
373		-	PAGE 9-HOUSE BILL 23-1294 SECTION 7. In Colorado Revised Statutes, 34-60-121, amend (4)
374		-	as follows:
375		-	34-60-121. Violations - investigations - penalties - rules -
376		-	definition - legislative declaration. (4) (a) A
377		-	NY PERSON MAY SUBMIT A
378		-	COMPLAINT TO THE COMMISSION ALLEGING THAT A VIOLATION OF THIS
379		-	ARTICLE
380		-	60, ANY RULE OR ORDER OF THE COMMISSION , OR ANY PERMIT HAS
381		-	OCCURRED
382		-	. IF A COMPLAINT IS RECEIVED BY THE COMMISSION , THE
383		-	COMMISSION OR THE DIRECTOR SHALL PROMPTLY COMMENCE AND
384		-	COMPLETE AN INVESTIGATION INTO THE VIOLATION ALLEGED BY THE
385		-	COMPLAINT UNLESS
386		-	:
387		-	(I) T
388		-	HE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE
389		-	FRIVOLOUS
390		-	, FALSIFIED, OR TRIVIAL; OR
391		-	(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT .
392		-	(b) I
393		-	N INVESTIGATING A VIOLATION ALLEGED BY A COMPLAINT
394		-	RECEIVED PURSUANT TO SUBSECTION
395		-	(4)(a) OF THIS SECTION, THE
396		-	COMMISSION OR THE DIRECTOR SHALL ACCEPT AND CONSIDER ALL RELE VANT
397		-	EVIDENCE IT RECEIVES OR ACQUIRES
398		-	, INCLUDING AUDIO, VIDEO, OR
399		-	TESTIMONIAL EVIDENCE
400		-	, UNLESS THE EVIDENCE IS, ON ITS FACE, FALSIFIED.
401		-	(c) Whenever the commission or the director has reasonable cause
402		-	to believe a violation of any provision of this article
403		-	ARTICLE 60, any rule
404		-	regulation, or order of the commission, or any permit has occurred, written
405		-	notice shall be given INCLUDING BASED ON A WRITTEN COMPLAINT FROM
406		-	ANY PERSON
407		-	, THE COMMISSION OR THE DIRECTOR SHALL PROVIDE WRITTEN
408		-	NOTICE
409		-	to the operator whose act or omission allegedly resulted in such
410		-	THE
411		-	violation AND REQUIRE THAT THE OPERATOR REMEDY THE VIOLATION . The
412		-	notice shall MUST be served personally or by certified mail, return receipt
413		-	requested, to the operator or the operator's agent for service of process and
414		-	shall
415		-	MUST state the provision alleged to have been violated, the facts
416		-	alleged to constitute the violation, and any corrective action and abatement
417		-	deadlines the commission or director elects to require of the operator.
418		-	(d) A
419		-	S USED IN THIS SUBSECTION (4), "DIRECTOR" MEANS THE
420		-	DIRECTOR OF THE COMMISSION
421		-	.
422		-	SECTION 8. Appropriation. (1) For the 2023-24 state fiscal year,
423		-	PAGE 10-HOUSE BILL 23-1294 $79,493 is appropriated to the department of public health and environment
424		-	for use by the air pollution control division. This appropriation is from the
425		-	general fund. To implement this act, the division may use this appropriation
426		-	as follows:
427		-	(a) $71,473 for personal services related to stationary sources, which
428		-	amount is based on an assumption that the division will require an
429		-	additional 0.9 FTE; and
430		-	(b) $8,020 for operating expenses related to stationary sources.
431		-	(2) For the 2023-24 state fiscal year, $820,697 is appropriated to the
432		-	department of natural resources. This appropriation is from the oil and gas
433		-	conservation and environmental response fund created in section 34-60-122
434		-	(5), C.R.S. To implement this act, the department may use this
435		-	appropriation as follows:
436		-	(a) $725,531 for use by the oil and gas conservation commission for
437		-	program costs, which amount is based on an assumption that the
438		-	commission will require an additional 6.0 FTE; and
439		-	(b) $95,166 for use by the executive director's office for the
440		-	purchase of legal services.
441		-	(3) For the 2023-24 state fiscal year, $95,166 is appropriated to the
442		-	department of law. This appropriation is from reappropriated funds received
443		-	from the department of natural resources under subsection (2)(b) of this
444		-	section and is based on an assumption that the department of law will
445		-	require an additional 0.5 FTE. To implement this act, the department of law
446		-	may use this appropriation to provide legal services for the department of
447		-	natural resources.
448		-	(4) For the 2023-24 state fiscal year, $61,616 is appropriated to the
449		-	legislative department. This appropriation is from the general fund. To
450		-	implement this act, the department may use this appropriation as follows:
451		-	(a) $26,180 for use by the legislative council, which amount is based
452		-	on an assumption that the council will require an additional 0.3 FTE;
453		-	(b) $18,452 for use by the committee on legal services, which
454		-	PAGE 11-HOUSE BILL 23-1294 amount is based on an assumption that the committee will require an
455		-	additional 0.2 FTE; and
456		-	(c) $16,984 for use by the general assembly.
457		-	SECTION 9. Applicability. This act applies to conduct occurring
458		-	on or after the effective date of this act, including determinations of
459		-	applications pending on the effective date.
460		-	SECTION 10. Safety clause. The general assembly hereby finds,
461		-	PAGE 12-HOUSE BILL 23-1294 determines, and declares that this act is necessary for the immediate
462		-	preservation of the public peace, health, or safety.
463		-	____________________________ ____________________________
464		-	Julie McCluskie Steve Fenberg
465		-	SPEAKER OF THE HOUSE PRESIDENT OF
466		-	OF REPRESENTATIVES THE SENATE
467		-	____________________________ ____________________________
468		-	Robin Jones Cindi L. Markwell
469		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
470		-	OF REPRESENTATIVES THE SENATE
471		-	APPROVED________________________________________
472		-	(Date and Time)
473		-	_________________________________________
474		-	Jared S. Polis
475		-	GOVERNOR OF THE STATE OF COLORADO
476		-	PAGE 13-HOUSE BILL 23-1294
	450	+	12
	451	+	MEANS QUANTIFICATION OF EMISSIONS OF GREENHOUSE GASES , AS13
	452	+	DEFINED IN SECTION 25-7-140 (6), THAT OCCUR FROM SOURCES THAT ARE14
	453	+	CONTROLLED OR OWNED BY THE OPERATOR AND REASONABLY15
	454	+	FORESEEABLE TRUCK TRAFFIC AT AN OIL AND GAS LOCATION .16
	455	+	17
	456	+	18
	457	+	SECTION 7. In Colorado Revised Statutes, 34-60-121, amend19
	458	+	(4) as follows:20
	459	+	34-60-121. Violations - investigations - penalties - rules -21
	460	+	definition - legislative declaration. (4) (a) ANY PERSON MAY SUBMIT A22
	461	+	COMPLAINT TO THE COMMISSION ALLEGING THAT A VIOLATION OF THIS23
	462	+	ARTICLE 60, ANY RULE OR ORDER OF THE COMMISSION, OR ANY PERMIT24
	463	+	HAS OCCURRED. IF A COMPLAINT IS RECEIVED BY THE COMMISSION, THE25
	464	+	COMMISSION OR THE DIRECTOR SHALL PROMPTLY COMMENCE AND26
	465	+	COMPLETE AN INVESTIGATION INTO THE VIOLATION ALLEGED BY THE27
	466	+	1294
	467	+	-14- COMPLAINT UNLESS:1
	468	+	(I) THE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE2
	469	+	FRIVOLOUS, FALSIFIED, OR TRIVIAL; OR3
	470	+	(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT .4
	471	+	(b) IN INVESTIGATING A VIOLATION ALLEGED BY A COMPLAINT5
	472	+	RECEIVED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, THE6
	473	+	COMMISSION OR THE DIRECTOR SHALL ACCEPT AND CONSIDER ALL7
	474	+	RELEVANT EVIDENCE IT RECEIVES OR ACQUIRES, INCLUDING AUDIO, VIDEO,8
	475	+	OR TESTIMONIAL EVIDENCE, UNLESS THE EVIDENCE IS, ON ITS FACE,9
	476	+	FALSIFIED.10
	477	+	(c) Whenever the commission or the director has reasonable cause11
	478	+	to believe a violation of any provision of this article ARTICLE 60, any rule12
	479	+	regulation, or order of the commission, or any permit has occurred,13
	480	+	written notice shall be given INCLUDING BASED ON A WRITTEN COMPLAINT14
	481	+	FROM ANY PERSON, THE COMMISSION OR THE DIRECTOR SHALL PROVIDE15
	482	+	WRITTEN NOTICE to the operator whose act or omission allegedly resulted16
	483	+	in such THE violation AND REQUIRE THAT THE OPERATOR REMEDY THE17
	484	+	VIOLATION. The notice shall MUST be served personally or by certified18
	485	+	mail, return receipt requested, to the operator or the operator's agent for19
	486	+	service of process and shall MUST state the provision alleged to have been20
	487	+	violated, the facts alleged to constitute the violation, and any corrective21
	488	+	action and abatement deadlines the commission or director elects to22
	489	+	require of the operator.23
	490	+	(d) AS USED IN THIS SUBSECTION (4), "DIRECTOR" MEANS THE24
	491	+	DIRECTOR OF THE COMMISSION.25
	492	+	SECTION 8. Appropriation. (1) For the 2023-24 state fiscal26
	493	+	year, $79,493 is appropriated to the department of public health and27
	494	+	1294
	495	+	-15- environment for use by the air pollution control division This1
	496	+	appropriation is from the general fund. To implement this act, the division2
	497	+	may use this appropriation as follows: 3
	498	+	(a) $71,473 for personal services related to stationary sources,4
	499	+	which amount is based on an assumption that the division will require an5
	500	+	additional 0.9 FTE; and6
	501	+	(b) $8,020 for operating expenses related to stationary sources.7
	502	+	(2) For the 2023-24 state fiscal year, $820,697 is appropriated to8
	503	+	the department of natural resources. This appropriation is from the oil and9
	504	+	gas conservation and environmental response fund created in section10
	505	+	34-60-122 (5), C.R.S. To implement this act, the department may use this11
	506	+	appropriation as follows:12
	507	+	(a) $725,531 for use by the oil and gas conservation commission13
	508	+	for program costs, which amount is based on an assumption that the14
	509	+	commission will require an additional 6.0 FTE; and15
	510	+	(b) $95,166 for use by the executive director's office for the16
	511	+	purchase of legal services.17
	512	+	(3) For the 2023-24 state fiscal year, $95,166 is appropriated to18
	513	+	the department of law. This appropriation is from reappropriated funds19
	514	+	received from the department of natural resources under subsection (2)(b)20
	515	+	of this section and is based on an assumption that the department of law21
	516	+	will require an additional 0.5 FTE. To implement this act, the department22
	517	+	of law may use this appropriation to provide legal services for the23
	518	+	department of natural resources.24
	519	+	(4) For the 2023-24 state fiscal year, $61,616 is appropriated to25
	520	+	the legislative department. This appropriation is from the general fund. To26
	521	+	implement this act, the department may use this appropriation as follows:27
	522	+	1294
	523	+	-16- (a) $26,180 for use by the legislative council, which amount is1
	524	+	based on an assumption that the council will require an additional 0.32
	525	+	FTE; 3
	526	+	(b) $18,452 for use by the committee on legal services, which4
	527	+	amount is based on an assumption that the committee will require an5
	528	+	additional 0.2 FTE; and 6
	529	+	(c) $16,984 for use by the general assembly.7
	530	+	SECTION 9. Applicability. This act applies to conduct occurring8
	531	+	on or after the effective date of this act, including determinations of9
	532	+	applications pending on the effective date.10
	533	+	SECTION 10. Safety clause. The general assembly hereby finds,11
	534	+	determines, and declares that this act is necessary for the immediate12
	535	+	preservation of the public peace, health, or safety.13
	536	+	1294
	537	+	-17-