Colorado 2024 Regular Session

Colorado House Bill HB1246 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Second Regular Session
2	2	Seventy-fourth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 24-0918.02 Jery Payne x2157
8	8	HOUSE BILL 24-1246
9	9	House Committees Senate Committees
10	10	Energy & Environment
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING EMISSIONS EMANAT ING FROM POWER SOURCES , AND, IN101
14	14	CONNECTION THEREWITH , ADDRESSING ELECTRIC GENERATION102
15	15	AND DISTRIBUTION RESILIE NCE AND SUSPENDING THE103
16	16	REGULATION OF CARBON DIOXIDE AS AN AIR POLLUTANT .104
17	17	Bill Summary
18	18	(Note: This summary applies to this bill as introduced and does
19	19	not reflect any amendments that may be subsequently adopted. If this bill
20	20	passes third reading in the house of introduction, a bill summary that
21	21	applies to the reengrossed version of this bill will be available at
22	22	http://leg.colorado.gov
23	23	.)
24	24	The bill requires the public utilities commission (commission) to
25	25	develop a contingency plan to create electrical generation and grid
26	26	resilience against geomagnetic storms. Standards are set for the plan. The
27	27	HOUSE SPONSORSHIP
28	28	DeGraaf,
29	29	SENATE SPONSORSHIP
30	30	(None),
31	31	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
32	32	Capital letters or bold & italic numbers indicate new material to be added to existing law.
33	33	Dashes through the words or numbers indicate deletions from existing law. commission shall promulgate rules requiring an electrical utility to:
34	34	! Incorporate the resiliency plan;
35	35	! Monitor the space weather prediction center of the national
36	36	oceanic and atmospheric administration in order to isolate
37	37	large power transformers and power generation from the
38	38	grid;
39	39	! Mechanically isolate critical components if or when the
40	40	coronal mass ejection is likely to cause geomagnetically
41	41	induced currents;
42	42	! Restrict or close fuel pipeline valves to mitigate damage in
43	43	a sectional failure;
44	44	! Install automatic neutral ground blocking devices in large
45	45	power transformers;
46	46	! Ensure computer equipment can be mechanically isolated
47	47	from the grid and sheltered from geomagnetically induced
48	48	surges;
49	49	! Require all networked systems that operate electrical
50	50	generation and distribution to be electronically and
51	51	physically separable from the outside networks; and
52	52	! Require cyber-certification of hardware and software that
53	53	operate electrical generation and distribution.
54	54	Current law sets carbon dioxide emission reduction goals for the
55	55	years 2030 and 2050. The bill extends these goals to 2040 and 2060 and
56	56	makes these goals a lower priority than the electrical generation and
57	57	distribution resilience provisions of the bill.
58	58	The bill prohibits the classification of carbon dioxide as an air
59	59	pollutant and establishes, notwithstanding any other law to the contrary,
60	60	that state statute, executive agency rules, and any regulations of political
61	61	subdivisions of the state must not include the regulation of carbon dioxide
62	62	emissions as a pollutant. Any portion of an executive agency rule that
63	63	treats carbon dioxide emissions as a pollutant is void.
64	64	Be it enacted by the General Assembly of the State of Colorado:1
65	65	SECTION 1. Legislative declaration. (1) The general assembly2
66	66	finds and declares that:3
67	67	(a) According to the federal cybersecurity and infrastructure4
68	68	security agency, "The U.S. energy infrastructure fuels the economy of the5
69	69	21st century. Without a stable energy supply, health and welfare are6
70	70	threatened and the U.S. economy cannot function. Presidential Policy7
71	71	HB24-1246-2- Directive 21 identifies the Energy Sector as uniquely critical because it1
72	72	provides an 'enabling function' across all critical infrastructure sectors.2
73	73	More than 80 percent of the country's energy infrastructure is owned by3
74	74	the private sector, supplying fuels to the transportation industry,4
75	75	electricity to households and businesses, and other sources of energy that5
76	76	are integral to growth and production across the nation."6
77	77	(b) The participation of transmission utilities in organized7
78	78	wholesale markets and the implementation of the "Colorado Electric8
79	79	Transmission Authority Act", article 42 of title 40, Colorado Revised9
80	80	Statutes, will assist transmission utilities and the Colorado electric10
81	81	transmission authority in ensuring the resilience of the electric grid and11
82	82	its resistance to both natural disasters and intentional attacks.12
83	83	Accordingly, the public utilities commission should use all available13
84	84	means to support these entities in preparing for, and documenting their14
85	85	ability to mitigate, any threats identified in the 2021 Colorado energy15
86	86	assurance emergency plan.16
87	87	(2) The general assembly further finds and declares that:17
88	88	(a) Greenhouse gas is an atmospheric gas that is mostly18
89	89	transparent to incoming high-energy, short-wave solar radiation, but is19
90	90	somewhat opaque to outgoing low-energy, long-wave infrared radiation20
91	91	on its way to outer space, which is below -450 degrees Fahrenheit;21
92	92	(b) Greenhouse gases are essential for life on the planet,22
93	93	dispersing that long-wave infrared radiation throughout the atmosphere23
94	94	to raise the lows and lower the highs the earth would otherwise24
95	95	experience, thus creating a self-regulating temperature band in which life25
96	96	can survive;26
97	97	(c) Carbon dioxide is a minor greenhouse gas. As a whole, it27
98	98	HB24-1246
99	99	-3- contributes less than 10% of the greenhouse gas effect while water vapor1
100	100	accounts for over 90% of the greenhouse gas effect, and oxygen,2
101	101	methane, and nitrous oxide contribute less than 1% of the greenhouse gas3
102	102	effect.4
103	103	(d) Statistically, the state of Colorado contributes less than5
104	104	three-millionths of the greenhouse gas effect. Anthropogenic carbon6
105	105	dioxide is approximately 1% of atmospheric carbon dioxide. There are7
106	106	3,100 billion tons of atmospheric carbon dioxide, and humans annually8
107	107	create approximately 30 billion tons, which equals 1% of atmospheric9
108	108	carbon dioxide. The United States contributes less than 15% of the carbon10
109	109	dioxide that results from hydrocarbon oxidation. Colorado is less than 2%11
110	110	of the United States population. Two percent of 15% of 1% of 10%12
111	111	equals three-millionths of 1%.13
112	112	(e) A single Coloradan contributes one-half of one-trillionth of14
113	113	total carbon dioxide emissions;15
114	114	(3) The general assembly further finds and declares that:16
115	115	(a) Geomagnetic storms are major disturbances of earth's17
116	116	magnetosphere that occur when there is a very efficient exchange of18
117	117	energy from the solar wind into earth's environment. The storms transfer19
118	118	energy into the earth's magnetosphere, resulting in major changes in20
119	119	currents, plasmas, and fields. These changes are often accompanied by21
120	120	coronal mass ejections, which are massive eruptions of plasma expelled22
121	121	from the sun's corona.23
122	122	(b) Solar flares emit radiation in all bands of the electromagnetic24
123	123	spectrum, affect little more than radio communication, and arrive in 825
124	124	minutes;26
125	125	(c) Coronal mass ejections often occur with solar flares, but each27
126	126	HB24-1246
127	127	-4- can take place in the absence of the other. Coronal mass ejections take1
128	128	several days to reach the earth.2
129	129	(d) Coronal mass ejections are large expulsions of plasma and3
130	130	magnetic field from the sun's corona. They can eject billions of tons of4
131	131	coronal material and carry an embedded magnetic field frozen in flux that5
132	132	is stronger than the background solar wind interplanetary magnetic field6
133	133	strength. Coronal mass ejections travel outward from the sun at speeds7
134	134	ranging from slower than 250 kilometers per second to as fast as nearly8
135	135	3,000 kilometers per second. The fastest earth-directed coronal mass9
136	136	ejections can reach our planet in as little as 15 to 18 hours. Slower10
137	137	coronal mass ejections can take several days to arrive.11
138	138	(e) The polarity of a coronal mass ejection can usually be12
139	139	determined at the Lagrange point, which is approximately 1.5 million13
140	140	kilometers from earth;14
141	141	(f) At the Lagrange point, coronal mass ejections are 10 to 4515
142	142	minutes from earth;16
143	143	(g) If a coronal mass ejection is the same polarity as the earth's17
144	144	geomagnetic field, the coronal mass ejections will tend to be deflected,18
145	145	but if a coronal mass ejection is opposite the earth's polarity, the earth's19
146	146	magnetic field will act to draw it in, creating disturbances in the earth's20
147	147	magnetic field, inducing electrical currents in metal objects such as21
148	148	pipelines and electrical wires, or generating destructive heat in22
149	149	transformers due to an offset direct current charge;23
150	150	(h) The result of geomagnetic storms is that electric current is24
151	151	generated in the magnetosphere and ionosphere, which generates25
152	152	electromagnetic fields at the ground level. The movement of magnetic26
153	153	fields around a conductor induces an electrical current. The excess current27
154	154	HB24-1246
155	155	-5- can cause voltage collapse or permanent damage to large transformers.1
156	156	(i) Geomagnetic storms are classified G 1 to G 5 based on a2
157	157	quasi-logarithmic classification system developed by the national oceanic3
158	158	and atmospheric administration. The strongest storms are G 5 class. The4
159	159	smallest ones are G 1 class (near background levels). G 5 means extreme,5
160	160	which is expected to occur for 4 days in each 11-year cycle, leading to6
161	161	widespread voltage control problems and possibly protective system7
162	162	problems. Some grid systems may experience complete collapse or8
163	163	blackouts. Pipeline currents can reach hundreds of amps. G 4 means9
164	164	severe, which is expected to occur for 4 days in each 11-year cycle,10
165	165	leading to possible widespread voltage control problems and some11
166	166	protective systems mistakenly tripping. Induced pipeline currents may12
167	167	affect preventive measures. G 3 means strong, which is expected to occur13
168	168	for 60 days in each 11-year cycle, possibly necessitating voltage14
169	169	corrections and triggering false alarms. G 2 means moderate, which is15
170	170	expected to occur for 360 days in each 11-year cycle, with long duration16
171	171	storms possibly causing transformer damage. G 1 means minor, which is17
172	172	expected to occur for 900 days in each 11-year cycle and which may18
173	173	induce weak power-grid fluctuations.19
174	174	(4) For Colorado's energy grid to be maintained at a sustainable20
175	175	level, which means the ability to be maintained at a certain rate or level21
176	176	and the avoidance of the depletion of natural resources in order to22
177	177	maintain an ecological balance, the general assembly further finds and23
178	178	declares that:24
179	179	(a) It is essential for the energy grid to achieve climate goals on25
180	180	a cost-effective basis based on scientifically validated causal26
181	181	relationships;27
182	182	HB24-1246
183	183	-6- (b) Colorado energy initiatives will need to include1
184	184	cradle-to-grave economic and environmental effects of all pollutants to2
185	185	include manufacture, transport, installation, demolition and recycling, or3
186	186	other end-of-life disposition;4
187	187	(c) Environmental impacts of severe weather and other5
188	188	catastrophic events must be considered in siting electric utilities;6
189	189	(d) Material acquisition and processing must adhere to the7
190	190	standards promulgated by regulation of the federal environmental8
191	191	protection agency and the federal occupational safety and health9
192	192	administration, regardless of country of origin;10
193	193	(e) System plans require fifty- and one-hundred-year projections11
194	194	for system reliability; and12
195	195	(f) To ensure the resilience of energy system infrastructure,13
196	196	applicable utilities should develop a coronal-mass-ejection plan.14
197	197	(5) The general assembly further finds and declares that:15
198	198	(a) Carbon dioxide will continue to be tracked, but carbon16
199	199	dioxide's treatment as a pollutant will be temporarily lifted until17
200	200	technology advances to allow the goals to be achieved in a safe and18
201	201	cost-beneficial manner for Colorado citizens;19
202	202	(b) Current technology does not allow Colorado to safely continue20
203	203	on its goals to net-zero carbon dioxide emissions, but the models created21
204	204	by the Intergovernmental Panel on Climate Change predict only a22
205	205	one-third of one-degree Fahrenheit reduction by the year 2100 if net-zero23
206	206	carbon dioxide emissions had been accomplished by the year 2010;24
207	207	(c) The goal of net-zero carbon dioxide emissions cannot be safely25
208	208	continued at this time;26
209	209	(d) Carbon dioxide is a foundational molecule to all life, and other27
210	210	HB24-1246
211	211	-7- than a potential impact on the greenhouse-gas effect, it has no deleterious1
212	212	impacts on life below concentrations of 8,000 particles per million, and2
213	213	is currently at 420 particles per million; and3
214	214	(e) Currently, providing Colorado with energy without producing4
215	215	carbon dioxide would leave Coloradans dependent on an incredibly5
216	216	fragile distribution grid that is vulnerable to geomagnetic storms,6
217	217	electromagnetic pulses, and malicious hacking, leaving Coloradans and7
218	218	Colorado infrastructure especially vulnerable on even the most common8
219	219	days of sub-zero or summer temperatures, and this vulnerability would9
220	220	likely result in the annual deaths of thousands of Coloradans.10
221	221	(6) Thus, the general assembly further declares that carbon11
222	222	dioxide will continue to be monitored and studied, but will not be12
223	223	considered a pollutant or significant contributor to climate change by the13
224	224	state of Colorado until newer technologies make net-zero carbon14
225	225	emissions feasible.15
226	226	SECTION 2. In Colorado Revised Statutes, 40-2-125.5, amend16
227	227	(3)(a)(I), (3)(a)(II), (4)(c)(I), and (5)(g)(I)(A); and add (8) as follows:17
228	228	40-2-125.5. Carbon dioxide emission reductions - goal to18
229	229	eliminate by 2060 - legislative declaration - interim targets -19
230	230	submission and approval of plans - definitions - cost recovery -20
231	231	reports - rules. (3) Clean energy targets. (a) In addition to the other21
232	232	requirements of this section, a qualifying retail utility shall meet the22
233	233	following clean energy targets:23
234	234	(I) By 2030 2040, the qualifying retail utility shall reduce the24
235	235	carbon dioxide emissions associated with electricity sales to the25
236	236	qualifying retail utility's electricity customers by eighty percent from 200526
237	237	levels.27
238	238	HB24-1246
239	239	-8- (II) For the years 2050 2060 and thereafter, or sooner if1
240	240	practicable, the qualifying retail utility shall seek to achieve the goal of2
241	241	providing its customers with energy generated from one-hundred-percent3
242	242	clean energy resources
243	243	AND GENERATED FROM THE LEAST OVERALL4
244	244	POLLUTION GENERATING SOURCES MEASURED IN ACCORDANCE WITH5
245	245	SECTION 40-2-125.6 (1)(b) so long as doing so is technically and6
246	246	economically feasible, in the public interest, and consistent with the7
247	247	requirements of this section.8
248	248	(4) Submission and approval of plans. (c) (I) After consulting9
249	249	with the air quality control commission, the division of administration10
250	250	shall determine whether a clean energy plan as filed under this section11
251	251	will result in an eighty percent reduction, relative to 2005 levels, in12
252	252	carbon dioxide emissions from the qualifying retail utility's Colorado13
253	253	electricity sales by 2030
254	254	2040 and is otherwise consistent with any14
255	255	greenhouse gas emission reduction goals established by the state of15
256	256	Colorado. The division shall publish, and shall report to the public16
257	257	utilities commission, the division's calculation of carbon dioxide emission17
258	258	reductions attributable to any approved clean energy plan. T
259	259	HE DIVISION18
260	260	SHALL REPORT ON EACH FEASIBLE GLOBAL TEMPERATURE REDUCTION , THE19
261	261	CAUSALLY VALIDATED PROJECTIONS FOR EACH FEASIBLE GLOBAL20
262	262	TEMPERATURE REDUCTION, AND THE COST ANTICIPATED TO ACHIEVE EACH21
263	263	FEASIBLE GLOBAL TEMPERATURE REDUCTION . Nothing in the division's22
264	264	engagement in this process shall be construed to diminish or override the23
265	265	commission's authority under this title 40.24
266	266	(5) Regulatory matters. (g) (I) A clean energy plan voluntarily25
267	267	filed by a municipal utility or a cooperative electric association that has26
268	268	voted to exempt itself from regulation by the commission pursuant to27
269	269	HB24-1246
270	270	-9- article 9.5 of this title 40 shall be deemed approved by the commission as1
271	271	filed if:2
272	272	(A) The division of administration, in consultation with the3
273	273	commission, verifies that the plan demonstrates that, by 2030 2040, the4
274	274	municipal utility or cooperative electric association will achieve at least5
275	275	an eighty-percent reduction in greenhouse gas emissions caused by the6
276	276	entity's Colorado electricity sales relative to 2005 levels; and7
277	277	(8) I
278	278	N A CONFLICT BETWEEN THIS SECTION AND SECTION8
279	279	40-2-125.6,
280	280	SECTION 40-2-125.6 SUPERCEDES THIS SECTION.9
281	281	SECTION 3. In Colorado Revised Statutes, add 40-2-125.6 as10
282	282	follows:11
283	283	40-2-125.6. Electrical generation and distribution resiliency.12
284	284	(1) N
285	285	OTWITHSTANDING SECTION 40-2-125.5, THE COMMISSION SHALL13
286	286	DEVELOP A CONTINGENCY PLAN TO CREATE ELECTRICAL GENERATION AND14
287	287	GRID RESILIENCE AGAINST GEOMAGNETIC STORMS . THE PLAN MUST:15
288	288	(a) G
289	289	ENERATE ELECTRICITY FROM MULTIPLE SOURCES , INCLUDING16
290	290	HYDROCARBON-BASED ENERGY, WHICH MAY BE DECOMMISSIONED WHEN17
291	291	TECHNICALLY FEASIBLE TO PROVIDE DIVERSE AND REDUNDANT POWER18
292	292	GENERATION WITHOUT HYDROCARBON -BASED ENERGY;19
293	293	(b) I
294	294	NCLUDE THE ENTIRE CYCLE OF ECONOMIC AND20
295	295	ENVIRONMENTAL EFFECTS OF ALL POLLUTANTS CAUSED BY ENERGY21
296	296	GENERATION AND DISTRIBUTION, INCLUDING MANUFACTURE, TRANSPORT,22
297	297	INSTALLATION, DEMOLITION, AND RECYCLING, OR OTHER END-OF-LIFE23
298	298	DISPOSITION;24
299	299	(c) F
300	300	ACTOR IN THE ENVIRONMENTAL IMPACTS OF SEVERE WEATHER25
301	301	AND OTHER CATASTROPHIC EVENTS ;26
302	302	(d) R
303	303	EQUIRE MATERIAL ACQUISITION AND PROCESSING ,27
304	304	HB24-1246
305	305	-10- REGARDLESS OF COUNTRY OF ORIGIN , TO COMPLY WITH STANDARDS1
306	306	PROMULGATED BY REGULATIONS OF THE FEDERAL ENVIRONMENTAL2
307	307	PROTECTION AGENCY AND THE FEDERAL OCCUPATIONAL SAFETY AND3
308	308	HEALTH ADMINISTRATION;4
309	309	(e) U
310	310	SE FIFTY- AND ONE-HUNDRED-YEAR PROJECTIONS FOR5
311	311	SYSTEM RELIABILITY;6
312	312	(f) D
313	313	EVELOP PROCEDURES TO RESTORE ELECTRICAL POWER7
314	314	OPERATION WITHIN THE FOLLOWING TIMELINES FOR THE FOLLOWING TYPES8
315	315	OF GEOMAGNETIC STORMS :9
316	316	(I) F
317	317	OR A G 5 RATED GEOMAGNETIC STORM :10
318	318	(A) P
319	319	OWER GENERATION RESUMING WITHIN FIVE DAYS ;11
320	320	(B) R
321	321	ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN ONE WEEK ;12
322	322	(C) T
323	323	RANSMISSION LINES AND NODES OPERATING WITHIN TWO13
324	324	WEEKS; AND14
325	325	(D) C
326	326	OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN TWO15
327	327	WEEKS;16
328	328	(II) F
329	329	OR A G 4 RATED GEOMAGNETIC STORM :17
330	330	(A) P
331	331	OWER GENERATION RESUMING WITHIN THREE DAYS ;18
332	332	(B) R
333	333	ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN THREE19
334	334	DAYS;20
335	335	(C) T
336	336	RANSMISSION LINES AND NODES OPERATING WITHIN ONE21
337	337	WEEK; AND22
338	338	(D) C
339	339	OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN TWO23
340	340	WEEKS;24
341	341	(III) F
342	342	OR A G 3 RATED GEOMAGNETIC STORM :25
343	343	(A) P
344	344	OWER GENERATION RESUMING WITHIN TWO DAYS ;26
345	345	(B) R
346	346	ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN TWO DAYS ;27
347	347	HB24-1246
348	348	-11- (C) TRANSMISSION LINES AND NODES OPERATING WITHIN THREE1
349	349	DAYS; AND2
350	350	(D) C
351	351	OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN ONE3
352	352	WEEK; AND4
353	353	(IV) F
354	354	OR A G 1 OR G 2 RATED GEOMAGNETIC STORM , NO MORE5
355	355	THAN A BRIEF INTERRUPTION OF ELECTRIC SERVICE .6
356	356	(2) T
357	357	O ENSURE THE RESILIENCE OF ENERGY SYSTEM7
358	358	INFRASTRUCTURE, THE COMMISSION SHALL PROMULGATE RULES8
359	359	REQUIRING ELECTRIC UTILITIES TO DEVELOP A CORONAL -MASS-EJECTION9
360	360	PLAN TO ENSURE ELECTRICAL GENERATION AND DISTRIBUTION RESILIENCE .10
361	361	T
362	362	HE RULES MUST:11
363	363	(a) R
364	364	EQUIRE THE ELECTRICAL UTILITIES TO INCORPORATE THE12
365	365	PLAN CREATED IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION;13
366	366	(b) M
367	367	ONITOR THE SPACE WEATHER PREDICTION CENTER OF THE14
368	368	NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN ORDER TO :15
369	369	(I) P
370	370	REPARE TO ISOLATE LARGE POWER TRANSFORMERS AND16
371	371	POWER GENERATION FROM THE GRID IF A CORONAL MASS EJECTION IS17
372	372	DETECTED WITH A POTENTIAL EARTH -ORBIT INTERSECTION;18
373	373	(II) R
374	374	EQUIRE, WITHIN FIVE MINUTES, THE MECHANICAL ISOLATION19
375	375	OF CRITICAL COMPONENTS IF OR WHEN THE CORONAL MASS EJECTION IS20
376	376	LIKELY TO CAUSE GEOMAGNETICALLY INDUCED CURRENTS ; AND21
377	377	(III) R
378	378	EQUIRE, WHEN APPROPRIATE, RESTRICTING OR CLOSING FUEL22
379	379	PIPELINE VALVES TO MITIGATE DAMAGE IN A SECTIONAL FAILURE ;23
380	380	(c) R
381	381	EQUIRE THE INSTALLATION OF AUTOMATIC NEUTRAL GROUND24
382	382	BLOCKING DEVICES IN LARGE POWER TRANSFORMERS ;25
383	383	(d) E
384	384	NSURE COMPUTER EQUIPMENT CAN BE MECHANICALLY26
385	385	ISOLATED FROM THE GRID AND SHELTERED FROM GEOMAGNETICALLY27
386	386	HB24-1246
387	387	-12- INDUCED SURGES;1
388	388	(e) R
389	389	EQUIRE ALL NETWORKED SYSTEMS THAT OPERATE2
390	390	ELECTRICAL GENERATION AND DISTRIBUTION TO BE ELECTRONICALLY AND3
391	391	PHYSICALLY SEPARABLE FROM THE OUTSIDE NETWORKS ; AND4
392	392	(f) R
393	393	EQUIRE CYBER-CERTIFICATION OF HARDWARE AND SOFTWARE5
394	394	THAT OPERATE ELECTRICAL GENERATION AND DISTRIBUTION .6
395	395	SECTION 4. In Colorado Revised Statutes, 25-7-103, amend7
396	396	(1.5); and add (19.2) as follows:8
397	397	25-7-103. Definitions. As used in this article 7, unless the context9
398	398	otherwise requires:10
399	399	(1.5) "Air pollutant" means any fume, smoke, particulate matter,11
400	400	vapor, or gas or any combination thereof which
401	401	THAT is emitted into or12
402	402	otherwise enters the atmosphere, including, but not limited to, any13
403	403	physical, chemical, biological, radioactive (including source material,14
404	404	special nuclear material, and byproduct material) substance or matter, but15
405	405	"air pollutant" does not include
406	406	CARBON DIOXIDE, water vapor, or steam16
407	407	condensate or any other emission exempted by the commission consistent17
408	408	with the federal act. Such term includes any precursors to the formation18
409	409	of any air pollutant, to the extent the administrator of the United States19
410	410	environmental protection agency or the commission has identified such20
411	411	precursor or precursors for the particular purpose for which the term "air21
412	412	pollutant" is used.22
413	413	(19.2) (a) "P
414	414	OLLUTION" MEANS A SUBSTANCE OR ENERGY THAT ,23
415	415	WHEN INTRODUCED INTO THE ENVIRONMENT , HAS UNDESIRED EFFECTS.24
416	416	(b) "P
417	417	OLLUTION" INCLUDES SUBSTANCES THAT CAN :25
418	418	(I) A
419	419	FFECT HUMANS, CAUSING OR EXACERBATING HEALTH26
420	420	PROBLEMS, INCLUDING ALLERGIES, ASTHMA, CANCER, OR HEART DISEASE,27
421	421	HB24-1246
422	422	-13- AND EVEN DEATH;1
423	423	(II) H
424	424	ARM FLORA AND FAUNA IN THE WILD ;2
425	425	(III) D
426	426	AMAGE ENTIRE ECOSYSTEMS ; AND3
427	427	(IV) D
428	428	AMAGE AGRICULTURAL PRODUCTION , WHICH PUTS THE FOOD4
429	429	SUPPLY AT RISK.5
430	430	SECTION 5. In Colorado Revised Statutes, add 25-7-146 as6
431	431	follows:7
432	432	25-7-146. Prohibit treatment of carbon dioxide as an air8
433	433	pollutant. (1) N
434	434	OTWITHSTANDING ANY OTHER PROVISION OF LAW :9
435	435	(a) C
436	436	ARBON DIOXIDE IS NOT CLASSIFIED AS AN AIR POLLUTANT IN10
437	437	THE STATE; AND11
438	438	(b) T
439	439	HE COMMISSION, THE DIVISION, THE PUBLIC UTILITIES12
440	440	COMMISSION, THE ENERGY AND CARBON MANAGEMENT COMMISSION , OR13
441	441	ANY OTHER STATE AGENCY , LOCAL GOVERNMENT , OR POLITICAL14
442	442	SUBDIVISION OF THE STATE SHALL NOT:15
443	443	(I) C
444	444	LASSIFY CARBON DIOXIDE AS AN AIR POLLUTANT ; OR16
445	445	(II) E
446	446	NACT A RULE, ORDINANCE, OR RESOLUTION THAT REGULATES17
447	447	CARBON DIOXIDE AS AN AIR POLLUTANT .18
448	448	(2) O
449	449	N AND AFTER THE EFFECTIVE DATE OF THIS SECTION :19
450	450	(a) A
451	451	NY STATE STATUTE OR ANY LOCAL ORDINANCE , RESOLUTION,20
452	452	OR RULE THAT TREATS CARBON DIOXIDE AS AN AIR POLLUTANT IS21
453	453	UNENFORCEABLE; AND22
454	454	(b) A
455	455	NY PORTION OF AN EXECUTIVE AGENCY RULE ADOPTED23
456	456	UNDER PART 1 OF ARTICLE 4 OF TITLE 24 THAT TREATS CARBON DIOXIDE24
457	457	AS AN AIR POLLUTANT IS VOID.25
458	458	SECTION 6. In Colorado Revised Statutes, 34-60-106, add (23)26
459	459	as follows:27
460	460	HB24-1246
461	461	-14- 34-60-106. Additional powers of commission - rules -1
462	462	definitions - repeal. (23) I
463	463	N PROMULGATING RULES UNDER THIS ARTICLE2
464	464	60,
465	465	THE COMMISSION IS SUBJECT TO SECTION 25-7-146.3
466	466	SECTION 7. In Colorado Revised Statutes, add 40-1-105 as4
467	467	follows:5
468	468	40-1-105. Carbon dioxide rules. I
469	469	N PROMULGATING RULES6
470	470	UNDER THIS TITLE 40, THE COMMISSION IS SUBJECT TO SECTION 25-7-146.7
471	471	SECTION 8. Act subject to petition - effective date -8
472	472	applicability. (1) This act takes effect at 12:01 a.m. on the day following9
473	473	the expiration of the ninety-day period after final adjournment of the10
474	474	general assembly; except that, if a referendum petition is filed pursuant11
475	475	to section 1 (3) of article V of the state constitution against this act or an12
476	476	item, section, or part of this act within such period, then the act, item,13
477	477	section, or part will not take effect unless approved by the people at the14
478	478	general election to be held in November 2024 and, in such case, will take15
479	479	effect on the date of the official declaration of the vote thereon by the16
480	480	governor.17
481	481	(2) This act applies to acts occurring on or after the applicable18
482	482	effective date of this act.19
483	483	HB24-1246
484	484	-15-