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-