Colorado 2024 Regular Session

Colorado House Bill HB1246 Latest Draft

Bill / Introduced Version Filed 02/12/2024

                            Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0918.02 Jery Payne x2157
HOUSE BILL 24-1246
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING EMISSIONS EMANAT ING FROM POWER SOURCES	, AND, IN101
CONNECTION THEREWITH , ADDRESSING ELECTRIC GENERATION102
AND DISTRIBUTION RESILIE NCE AND SUSPENDING THE103
REGULATION OF CARBON DIOXIDE AS AN AIR POLLUTANT .104
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the public utilities commission (commission) to
develop a contingency plan to create electrical generation and grid
resilience against geomagnetic storms. Standards are set for the plan. The
HOUSE SPONSORSHIP
DeGraaf,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. commission shall promulgate rules requiring an electrical utility to:
! Incorporate the resiliency plan;
! Monitor the space weather prediction center of the national
oceanic and atmospheric administration in order to isolate
large power transformers and power generation from the
grid;
! Mechanically isolate critical components if or when the
coronal mass ejection is likely to cause geomagnetically
induced currents;
! Restrict or close fuel pipeline valves to mitigate damage in
a sectional failure;
! Install automatic neutral ground blocking devices in large
power transformers;
! Ensure computer equipment can be mechanically isolated
from the grid and sheltered from geomagnetically induced
surges;
! Require all networked systems that operate electrical
generation and distribution to be electronically and
physically separable from the outside networks; and
! Require cyber-certification of hardware and software that
operate electrical generation and distribution.
Current law sets carbon dioxide emission reduction goals for the
years 2030 and 2050. The bill extends these goals to 2040 and 2060 and
makes these goals a lower priority than the electrical generation and
distribution resilience provisions of the bill.
The bill prohibits the classification of carbon dioxide as an air
pollutant and establishes, notwithstanding any other law to the contrary,
that state statute, executive agency rules, and any regulations of political
subdivisions of the state must not include the regulation of carbon dioxide
emissions as a pollutant. Any portion of an executive agency rule that
treats carbon dioxide emissions as a pollutant is void.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  According to the federal cybersecurity and infrastructure4
security agency, "The U.S. energy infrastructure fuels the economy of the5
21st century. Without a stable energy supply, health and welfare are6
threatened and the U.S. economy cannot function. Presidential Policy7
HB24-1246-2- Directive 21 identifies the Energy Sector as uniquely critical because it1
provides an 'enabling function' across all critical infrastructure sectors.2
More than 80 percent of the country's energy infrastructure is owned by3
the private sector, supplying fuels to the transportation industry,4
electricity to households and businesses, and other sources of energy that5
are integral to growth and production across the nation."6
(b)  The participation of transmission utilities in organized7
wholesale markets and the implementation of the "Colorado Electric8
Transmission Authority Act", article 42 of title 40, Colorado Revised9
Statutes, will assist transmission utilities and the Colorado electric10
transmission authority in ensuring the resilience of the electric grid and11
its resistance to both natural disasters and intentional attacks.12
Accordingly, the public utilities commission should use all available13
means to support these entities in preparing for, and documenting their14
ability to mitigate, any threats identified in the 2021 Colorado energy15
assurance emergency plan.16
(2)  The general assembly further finds and declares that:17
(a)  Greenhouse gas is an atmospheric gas that is mostly18
transparent to incoming high-energy, short-wave solar radiation, but is19
somewhat opaque to outgoing low-energy, long-wave infrared radiation20
on its way to outer space, which is below -450 degrees Fahrenheit;21
(b)  Greenhouse gases are essential for life on the planet,22
dispersing that long-wave infrared radiation throughout the atmosphere23
to raise the lows and lower the highs the earth would otherwise24
experience, thus creating a self-regulating temperature band in which life25
can survive;26
(c)  Carbon dioxide is a minor greenhouse gas. As a whole, it27
HB24-1246
-3- contributes less than 10% of the greenhouse gas effect while water vapor1
accounts for over 90% of the greenhouse gas effect, and oxygen,2
methane, and nitrous oxide contribute less than 1% of the greenhouse gas3
effect.4
(d)  Statistically, the state of Colorado contributes less than5
three-millionths of the greenhouse gas effect. Anthropogenic carbon6
dioxide is approximately 1% of atmospheric carbon dioxide. There are7
3,100 billion tons of atmospheric carbon dioxide, and humans annually8
create approximately 30 billion tons, which equals 1% of atmospheric9
carbon dioxide. The United States contributes less than 15% of the carbon10
dioxide that results from hydrocarbon oxidation. Colorado is less than 2%11
of the United States population. Two percent of 15% of 1% of 10%12
equals three-millionths of 1%.13
(e)  A single Coloradan contributes one-half of one-trillionth of14
total carbon dioxide emissions;15
(3)  The general assembly further finds and declares that:16
(a)  Geomagnetic storms are major disturbances of earth's17
magnetosphere that occur when there is a very efficient exchange of18
energy from the solar wind into earth's environment. The storms transfer19
energy into the earth's magnetosphere, resulting in major changes in20
currents, plasmas, and fields. These changes are often accompanied by21
coronal mass ejections, which are massive eruptions of plasma expelled22
from the sun's corona.23
(b)  Solar flares emit radiation in all bands of the electromagnetic24
spectrum, affect little more than radio communication, and arrive in 825
minutes;26
(c)  Coronal mass ejections often occur with solar flares, but each27
HB24-1246
-4- can take place in the absence of the other. Coronal mass ejections take1
several days to reach the earth.2
(d)  Coronal mass ejections are large expulsions of plasma and3
magnetic field from the sun's corona. They can eject billions of tons of4
coronal material and carry an embedded magnetic field frozen in flux that5
is stronger than the background solar wind interplanetary magnetic field6
strength. Coronal mass ejections travel outward from the sun at speeds7
ranging from slower than 250 kilometers per second to as fast as nearly8
3,000 kilometers per second. The fastest earth-directed coronal mass9
ejections can reach our planet in as little as 15 to 18 hours. Slower10
coronal mass ejections can take several days to arrive.11
(e)  The polarity of a coronal mass ejection can usually be12
determined at the Lagrange point, which is approximately 1.5 million13
kilometers from earth;14
(f)  At the Lagrange point, coronal mass ejections are 10 to 4515
minutes from earth;16
(g)  If a coronal mass ejection is the same polarity as the earth's17
geomagnetic field, the coronal mass ejections will tend to be deflected,18
but if a coronal mass ejection is opposite the earth's polarity, the earth's19
magnetic field will act to draw it in, creating disturbances in the earth's20
magnetic field, inducing electrical currents in metal objects such as21
pipelines and electrical wires, or generating destructive heat in22
transformers due to an offset direct current charge;23
(h)  The result of geomagnetic storms is that electric current is24
generated in the magnetosphere and ionosphere, which generates25
electromagnetic fields at the ground level. The movement of magnetic26
fields around a conductor induces an electrical current. The excess current27
HB24-1246
-5- can cause voltage collapse or permanent damage to large transformers.1
(i)  Geomagnetic storms are classified G 1 to G 5 based on a2
quasi-logarithmic classification system developed by the national oceanic3
and atmospheric administration. The strongest storms are G 5 class. The4
smallest ones are G 1 class (near background levels). G 5 means extreme,5
which is expected to occur for 4 days in each 11-year cycle, leading to6
widespread voltage control problems and possibly protective system7
problems. Some grid systems may experience complete collapse or8
blackouts. Pipeline currents can reach hundreds of amps. G 4 means9
severe, which is expected to occur for 4 days in each 11-year cycle,10
leading to possible widespread voltage control problems and some11
protective systems mistakenly tripping. Induced pipeline currents may12
affect preventive measures. G 3 means strong, which is expected to occur13
for 60 days in each 11-year cycle, possibly necessitating voltage14
corrections and triggering false alarms. G 2 means moderate, which is15
expected to occur for 360 days in each 11-year cycle, with long duration16
storms possibly causing transformer damage. G 1 means minor, which is17
expected to occur for 900 days in each 11-year cycle and which may18
induce weak power-grid fluctuations.19
(4)  For Colorado's energy grid to be maintained at a sustainable20
level, which means the ability to be maintained at a certain rate or level21
and the avoidance of the depletion of natural resources in order to22
maintain an ecological balance, the general assembly further finds and23
declares that:24
(a)  It is essential for the energy grid to achieve climate goals on25
a cost-effective basis based on scientifically validated causal26
relationships;27
HB24-1246
-6- (b)  Colorado energy initiatives will need to include1
cradle-to-grave economic and environmental effects of all pollutants to2
include manufacture, transport, installation, demolition and recycling, or3
other end-of-life disposition;4
(c)  Environmental impacts of severe weather and other5
catastrophic events must be considered in siting electric utilities;6
(d)  Material acquisition and processing must adhere to the7
standards promulgated by regulation of the federal environmental8
protection agency and the federal occupational safety and health9
administration, regardless of country of origin;10
(e)  System plans require fifty- and one-hundred-year projections11
for system reliability; and12
(f)  To ensure the resilience of energy system infrastructure,13
applicable utilities should develop a coronal-mass-ejection plan.14
(5)  The general assembly further finds and declares that:15
(a)  Carbon dioxide will continue to be tracked, but carbon16
dioxide's treatment as a pollutant will be temporarily lifted until17
technology advances to allow the goals to be achieved in a safe and18
cost-beneficial manner for Colorado citizens;19
(b)  Current technology does not allow Colorado to safely continue20
on its goals to net-zero carbon dioxide emissions, but the models created21
by the Intergovernmental Panel on Climate Change predict only a22
one-third of one-degree Fahrenheit reduction by the year 2100 if net-zero23
carbon dioxide emissions had been accomplished by the year 2010;24
(c)  The goal of net-zero carbon dioxide emissions cannot be safely25
continued at this time;26
(d)  Carbon dioxide is a foundational molecule to all life, and other27
HB24-1246
-7- than a potential impact on the greenhouse-gas effect, it has no deleterious1
impacts on life below concentrations of 8,000 particles per million, and2
is currently at 420 particles per million; and3
(e)  Currently, providing Colorado with energy without producing4
carbon dioxide would leave Coloradans dependent on an incredibly5
fragile distribution grid that is vulnerable to geomagnetic storms,6
electromagnetic pulses, and malicious hacking, leaving Coloradans and7
Colorado infrastructure especially vulnerable on even the most common8
days of sub-zero or summer temperatures, and this vulnerability would9
likely result in the annual deaths of thousands of Coloradans.10
(6)  Thus, the general assembly further declares that carbon11
dioxide will continue to be monitored and studied, but will not be12
considered a pollutant or significant contributor to climate change by the13
state of Colorado until newer technologies make net-zero carbon14
emissions feasible.15
SECTION 2. In Colorado Revised Statutes, 40-2-125.5, amend16
(3)(a)(I), (3)(a)(II), (4)(c)(I), and (5)(g)(I)(A); and add (8) as follows:17
40-2-125.5.  Carbon dioxide emission reductions - goal to18
eliminate by 2060 - legislative declaration - interim targets -19
submission and approval of plans - definitions - cost recovery -20
reports - rules. (3)  Clean energy targets. (a)  In addition to the other21
requirements of this section, a qualifying retail utility shall meet the22
following clean energy targets:23
(I)  By 2030 2040, the qualifying retail utility shall reduce the24
carbon dioxide emissions associated with electricity sales to the25
qualifying retail utility's electricity customers by eighty percent from 200526
levels.27
HB24-1246
-8- (II)  For the years 2050 2060 and thereafter, or sooner if1
practicable, the qualifying retail utility shall seek to achieve the goal of2
providing its customers with energy generated from one-hundred-percent3
clean energy resources 
AND GENERATED FROM THE LEAST OVERALL4
POLLUTION GENERATING SOURCES MEASURED IN ACCORDANCE WITH5
SECTION 40-2-125.6 (1)(b) so long as doing so is technically and6
economically feasible, in the public interest, and consistent with the7
requirements of this section.8
(4)  Submission and approval of plans. (c) (I)  After consulting9
with the air quality control commission, the division of administration10
shall determine whether a clean energy plan as filed under this section11
will result in an eighty percent reduction, relative to 2005 levels, in12
carbon dioxide emissions from the qualifying retail utility's Colorado13
electricity sales by 2030
 2040 and is otherwise consistent with any14
greenhouse gas emission reduction goals established by the state of15
Colorado. The division shall publish, and shall report to the public16
utilities commission, the division's calculation of carbon dioxide emission17
reductions attributable to any approved clean energy plan. T
HE DIVISION18
SHALL REPORT ON EACH FEASIBLE GLOBAL TEMPERATURE REDUCTION , THE19
CAUSALLY VALIDATED PROJECTIONS FOR EACH FEASIBLE GLOBAL20
TEMPERATURE REDUCTION, AND THE COST ANTICIPATED TO ACHIEVE EACH21
FEASIBLE GLOBAL TEMPERATURE REDUCTION . Nothing in the division's22
engagement in this process shall be construed to diminish or override the23
commission's authority under this title 40.24
(5)  Regulatory matters. (g) (I)  A clean energy plan voluntarily25
filed by a municipal utility or a cooperative electric association that has26
voted to exempt itself from regulation by the commission pursuant to27
HB24-1246
-9- article 9.5 of this title 40 shall be deemed approved by the commission as1
filed if:2
(A)  The division of administration, in consultation with the3
commission, verifies that the plan demonstrates that, by 2030 2040, the4
municipal utility or cooperative electric association will achieve at least5
an eighty-percent reduction in greenhouse gas emissions caused by the6
entity's Colorado electricity sales relative to 2005 levels; and7
(8)  I
N A CONFLICT BETWEEN THIS SECTION AND SECTION8
40-2-125.6,
 SECTION 40-2-125.6 SUPERCEDES THIS SECTION.9
SECTION 3. In Colorado Revised Statutes, add 40-2-125.6 as10
follows:11
40-2-125.6.  Electrical generation and distribution resiliency.12
(1)  N
OTWITHSTANDING SECTION 40-2-125.5, THE COMMISSION SHALL13
DEVELOP A CONTINGENCY PLAN TO CREATE ELECTRICAL GENERATION AND14
GRID RESILIENCE AGAINST GEOMAGNETIC STORMS . THE PLAN MUST:15
(a)  G
ENERATE ELECTRICITY FROM MULTIPLE SOURCES , INCLUDING16
HYDROCARBON-BASED ENERGY, WHICH MAY BE DECOMMISSIONED WHEN17
TECHNICALLY FEASIBLE TO PROVIDE DIVERSE AND REDUNDANT POWER18
GENERATION WITHOUT HYDROCARBON -BASED ENERGY;19
(b)  I
NCLUDE THE ENTIRE CYCLE OF ECONOMIC AND20
ENVIRONMENTAL EFFECTS OF ALL POLLUTANTS CAUSED BY ENERGY21
GENERATION AND DISTRIBUTION, INCLUDING MANUFACTURE, TRANSPORT,22
INSTALLATION, DEMOLITION, AND RECYCLING, OR OTHER END-OF-LIFE23
DISPOSITION;24
(c)  F
ACTOR IN THE ENVIRONMENTAL IMPACTS OF SEVERE WEATHER25
AND OTHER CATASTROPHIC EVENTS ;26
(d)  R
EQUIRE MATERIAL ACQUISITION AND PROCESSING ,27
HB24-1246
-10- REGARDLESS OF COUNTRY OF ORIGIN , TO COMPLY WITH STANDARDS1
PROMULGATED BY REGULATIONS OF THE FEDERAL ENVIRONMENTAL2
PROTECTION AGENCY AND THE FEDERAL OCCUPATIONAL SAFETY AND3
HEALTH ADMINISTRATION;4
(e)  U
SE FIFTY- AND ONE-HUNDRED-YEAR PROJECTIONS FOR5
SYSTEM RELIABILITY;6
(f)  D
EVELOP PROCEDURES TO RESTORE ELECTRICAL POWER7
OPERATION WITHIN THE FOLLOWING TIMELINES FOR THE FOLLOWING TYPES8
OF GEOMAGNETIC STORMS :9
(I)  F
OR A G 5 RATED GEOMAGNETIC STORM :10
(A)  P
OWER GENERATION RESUMING WITHIN FIVE DAYS ;11
(B)  R
ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN ONE WEEK ;12
(C)  T
RANSMISSION LINES AND NODES OPERATING WITHIN TWO13
WEEKS; AND14
(D)  C
OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN TWO15
WEEKS;16
(II)  F
OR A G 4 RATED GEOMAGNETIC STORM :17
(A)  P
OWER GENERATION RESUMING WITHIN THREE DAYS ;18
(B)  R
ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN THREE19
DAYS;20
(C)  T
RANSMISSION LINES AND NODES OPERATING WITHIN ONE21
WEEK; AND22
(D)  C
OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN TWO23
WEEKS;24
(III)  F
OR A G 3 RATED GEOMAGNETIC STORM :25
(A)  P
OWER GENERATION RESUMING WITHIN TWO DAYS ;26
(B)  R
ECOVERY OF CRITICAL INFRASTRUCTURE WITHIN TWO DAYS ;27
HB24-1246
-11- (C)  TRANSMISSION LINES AND NODES OPERATING WITHIN THREE1
DAYS; AND2
(D)  C
OMMUNITY DISTRIBUTION OF ELECTRICITY WITHIN ONE3
WEEK; AND4
(IV)  F
OR A G 1 OR G 2 RATED GEOMAGNETIC STORM , NO MORE5
THAN A BRIEF INTERRUPTION OF ELECTRIC SERVICE .6
(2)  T
O ENSURE THE RESILIENCE OF ENERGY SYSTEM7
INFRASTRUCTURE, THE COMMISSION SHALL PROMULGATE RULES8
REQUIRING ELECTRIC UTILITIES TO DEVELOP A CORONAL -MASS-EJECTION9
PLAN TO ENSURE ELECTRICAL GENERATION AND DISTRIBUTION RESILIENCE .10
T
HE RULES MUST:11
(a)  R
EQUIRE THE ELECTRICAL UTILITIES TO INCORPORATE THE12
PLAN CREATED IN ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION;13
(b)  M
ONITOR THE SPACE WEATHER PREDICTION CENTER OF THE14
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN ORDER TO :15
(I)  P
REPARE TO ISOLATE LARGE POWER TRANSFORMERS AND16
POWER GENERATION FROM THE GRID IF A CORONAL MASS EJECTION IS17
DETECTED WITH A POTENTIAL EARTH -ORBIT INTERSECTION;18
(II)  R
EQUIRE, WITHIN FIVE MINUTES, THE MECHANICAL ISOLATION19
OF CRITICAL COMPONENTS IF OR WHEN THE CORONAL MASS EJECTION IS20
LIKELY TO CAUSE GEOMAGNETICALLY INDUCED CURRENTS ; AND21
(III)  R
EQUIRE, WHEN APPROPRIATE, RESTRICTING OR CLOSING FUEL22
PIPELINE VALVES TO MITIGATE DAMAGE IN A SECTIONAL FAILURE ;23
(c)  R
EQUIRE THE INSTALLATION OF AUTOMATIC NEUTRAL GROUND24
BLOCKING DEVICES IN LARGE POWER TRANSFORMERS ;25
(d)  E
NSURE COMPUTER EQUIPMENT CAN BE MECHANICALLY26
ISOLATED FROM THE GRID AND SHELTERED FROM GEOMAGNETICALLY27
HB24-1246
-12- INDUCED SURGES;1
(e)  R
EQUIRE ALL NETWORKED SYSTEMS THAT OPERATE2
ELECTRICAL GENERATION AND DISTRIBUTION TO BE ELECTRONICALLY AND3
PHYSICALLY SEPARABLE FROM THE OUTSIDE NETWORKS ; AND4
(f)  R
EQUIRE CYBER-CERTIFICATION OF HARDWARE AND SOFTWARE5
THAT OPERATE ELECTRICAL GENERATION AND DISTRIBUTION .6
SECTION 4. In Colorado Revised Statutes, 25-7-103, amend7
(1.5); and add (19.2) as follows:8
25-7-103.  Definitions. As used in this article 7, unless the context9
otherwise requires:10
(1.5)  "Air pollutant" means any fume, smoke, particulate matter,11
vapor, or gas or any combination thereof which
 THAT is emitted into or12
otherwise enters the atmosphere, including, but not limited to, any13
physical, chemical, biological, radioactive (including source material,14
special nuclear material, and byproduct material) substance or matter, but15
"air pollutant" does not include 
CARBON DIOXIDE, water vapor, or steam16
condensate or any other emission exempted by the commission consistent17
with the federal act. Such term includes any precursors to the formation18
of any air pollutant, to the extent the administrator of the United States19
environmental protection agency or the commission has identified such20
precursor or precursors for the particular purpose for which the term "air21
pollutant" is used.22
(19.2) (a)  "P
OLLUTION" MEANS A SUBSTANCE OR ENERGY THAT ,23
WHEN INTRODUCED INTO THE ENVIRONMENT , HAS UNDESIRED EFFECTS.24
(b)  "P
OLLUTION" INCLUDES SUBSTANCES THAT CAN :25
(I)  A
FFECT HUMANS, CAUSING OR EXACERBATING HEALTH26
PROBLEMS, INCLUDING ALLERGIES, ASTHMA, CANCER, OR HEART DISEASE,27
HB24-1246
-13- AND EVEN DEATH;1
(II)  H
ARM FLORA AND FAUNA IN THE WILD ;2
(III)  D
AMAGE ENTIRE ECOSYSTEMS ; AND3
(IV)  D
AMAGE AGRICULTURAL PRODUCTION , WHICH PUTS THE FOOD4
SUPPLY AT RISK.5
SECTION 5. In Colorado Revised Statutes, add 25-7-146 as6
follows:7
25-7-146.  Prohibit treatment of carbon dioxide as an air8
pollutant. (1)  N
OTWITHSTANDING ANY OTHER PROVISION OF LAW :9
(a)  C
ARBON DIOXIDE IS NOT CLASSIFIED AS AN AIR POLLUTANT IN10
THE STATE; AND11
(b)  T
HE COMMISSION, THE DIVISION, THE PUBLIC UTILITIES12
COMMISSION, THE ENERGY AND CARBON MANAGEMENT COMMISSION , OR13
ANY OTHER STATE AGENCY , LOCAL GOVERNMENT , OR POLITICAL14
SUBDIVISION OF THE STATE SHALL NOT:15
(I)  C
LASSIFY CARBON DIOXIDE AS AN AIR POLLUTANT ; OR16
(II)  E
NACT A RULE, ORDINANCE, OR RESOLUTION THAT REGULATES17
CARBON DIOXIDE AS AN AIR POLLUTANT .18
(2)  O
N AND AFTER THE EFFECTIVE DATE OF THIS SECTION :19
(a)  A
NY STATE STATUTE OR ANY LOCAL ORDINANCE , RESOLUTION,20
OR RULE THAT TREATS CARBON DIOXIDE AS AN AIR POLLUTANT IS21
UNENFORCEABLE; AND22
(b)  A
NY PORTION OF AN EXECUTIVE AGENCY RULE ADOPTED23
UNDER PART 1 OF ARTICLE 4 OF TITLE 24 THAT TREATS CARBON DIOXIDE24
AS AN AIR POLLUTANT IS VOID.25
SECTION 6. In Colorado Revised Statutes, 34-60-106, add (23)26
as follows:27
HB24-1246
-14- 34-60-106.  Additional powers of commission - rules -1
definitions - repeal. (23)  I
N PROMULGATING RULES UNDER THIS ARTICLE2
60,
 THE COMMISSION IS SUBJECT TO SECTION 25-7-146.3
SECTION 7. In Colorado Revised Statutes, add 40-1-105 as4
follows:5
40-1-105.  Carbon dioxide rules. I
N PROMULGATING RULES6
UNDER THIS TITLE 40, THE COMMISSION IS SUBJECT TO SECTION 25-7-146.7
SECTION 8. Act subject to petition - effective date -8
applicability. (1)  This act takes effect at 12:01 a.m. on the day following9
the expiration of the ninety-day period after final adjournment of the10
general assembly; except that, if a referendum petition is filed pursuant11
to section 1 (3) of article V of the state constitution against this act or an12
item, section, or part of this act within such period, then the act, item,13
section, or part will not take effect unless approved by the people at the14
general election to be held in November 2024 and, in such case, will take15
effect on the date of the official declaration of the vote thereon by the16
governor.17
(2)  This act applies to acts occurring on or after the applicable18
effective date of this act.19
HB24-1246
-15-