Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0797.01 Jennifer Berman x3286
HOUSE BILL 24-1338
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ADVANCE ENVIRONMENTAL JUSTICE BY101
REDUCING CUMULATIVE IMPACTS OF AIR POLLUTION .102
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
.)
House Bill 21-1266, enacted in 2021, authorized the creation of
the environmental justice action task force to develop recommendations
for measures to achieve environmental justice in the state. The task force
completed its work and published a final report on November 14, 2022,
which report included a recommendation for the development of
environmental equity and cumulative impact analyses (EECIA) in the
HOUSE SPONSORSHIP
Rutinel and Velasco,
SENATE SPONSORSHIP
Michaelson Jenet,
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. state.
Section 2 of the bill creates the office of environmental justice
(office) in the department of public health and environment (CDPHE) and
section 1 requires the office to oversee a process to develop at least 2
EECIAs for specific geographic locations in the state. Once an EECIA is
developed, various state agencies will be able to rely on the EECIA in
conducting cumulative impact analyses regarding potentially polluting
activities.
The office must choose as locations for the EECIAs communities
that are disproportionately impacted communities, with priority given to
communities that have a heightened potential for widespread human
exposure to environmental contaminants. After selecting a location for an
EECIA, CDPHE must contract with an academic institution or other third
party to develop an EECIA. In developing an EECIA, the applicable
contractor must perform a scientifically rigorous analysis that includes
most of the recommendations made by the environmental justice action
task force.
Section 3 makes a technical change regarding the assessment of
civil penalties for air quality law violations.
On or after January 1, 2026, section 4 authorizes the elected
officials of a city, town, county, or city and county (local governing body)
to request that the air quality control commission (commission) impose
limits on any new or increased operational emissions of certain
health-related air pollutants that would affect individuals located in the
geographic region governed by the local governing body. To obtain
approval of such a request, the local governing body must demonstrate to
the commission's satisfaction that:
! The geographic region over which the local governing
body has jurisdiction is cumulatively impacted by
pollution; and
! An agency of the local government governed by the local
governing body has a process to review exemption requests
from the limits on any new or increased operational
emissions.
An approved request for limits expires after 5 years and the local
governing body must renew its request to further continue the limits. The
commission may rescind its approval of the limits if the commission
determines that the local governing body is not complying with its own
processes regarding the limits.
On or before January 1, 2025, the division of administration
(division) in CDPHE is required under section 5 to hire a petroleum
refinery regulation expert to examine whether a specific petroleum
refinery rule should be adopted by the commission and examine other
regulatory or nonregulatory measures performed.
Section 5 requires a petroleum refinery in the state to comply with
HB24-1338
-2- certain monitoring requirements to provide real-time emissions
monitoring data to the division.
Section 5 also requires the division to establish a rapid response
inspection team to respond quickly to air quality complaints received.
Once the team is established, the team is required to develop processes
and best practices for quickly responding to such complaints and to
engage in outreach to communities regarding events and conditions that
lead to excess air pollution emissions in communities.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, 25-1-133 as follows:3
25-1-133. Environmental equity and cumulative impact4
analyses - selection of contractor - required components of analyses5
- selection of locations - requirements for contractors - definitions.6
(1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
REQUIRES:8
(a) "C
OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET9
FORTH IN SECTION 24-4-109 (5)(a)(II).10
(b) "C
ONTRACTOR" MEANS AN ACADEMIC INSTITUTION OR OTHER11
PARTY WITH WHICH THE DEPARTMENT CONTRACTS TO DEVELOP AN12
EECIA.13
(c) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE14
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).15
(d) "E
NVIRONMENTAL EQUITY AND CUMULATIVE IMPACT16
ANALYSIS" OR "EECIA" MEANS A CUMULATIVE IMPACT ANALYSIS FOR A17
SPECIFIC GEOGRAPHIC AREA OF THE STATE DEVELOPED IN ACCORDANCE18
WITH THIS SECTION.19
(e) "EPA'
S CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS "20
MEANS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S21
HB24-1338-3- "CUMULATIVE IMPACTS RESEARCH: RECOMMENDATIONS FOR EPA'S1
O
FFICE OF RESEARCH AND DEVELOPMENT", PUBLISHED ON SEPTEMBER 30,2
2022.3
(f) "F
INAL REPORT OF THE TASK FORCE " MEANS THE "FINAL4
R
EPORT OF RECOMMENDATIONS" PUBLISHED BY THE TASK FORCE ON5
N
OVEMBER 14, 2022.6
(g) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY7
CITY, TOWN, CITY AND COUNTY, OR COUNTY.8
(h) "O
FFICE OF ENVIRONMENTAL JUSTICE" OR "OFFICE" MEANS THE9
OFFICE OF ENVIRONMENTAL JUSTICE CREATED IN SECTION 25-1-133.510
(1)(a).11
(i) "T
ASK FORCE" MEANS THE ENVIRONMENTAL JUSTICE ACTION12
TASK FORCE CREATED BY THE GENERAL ASSEMBLY IN 2021 THROUGH THE13
ENACTMENT OF HOUSE BILL 21-1266.14
(2) T
HE DEPARTMENT SHALL SELECT ONE OR MORE CONTRACTORS15
TO DEVELOP TWO OR MORE ENVIRONMENTAL EQUITY AND CUMULATIVE16
IMPACT ANALYSES FOR THE STATE. EACH EECIA:17
(a) M
UST COVER A GEOGRAPHIC AREA OF THE STATE THAT18
INCLUDES A GROUP OF MOSTLY CONTIGUOUS CENSUS BLOCK GROUPS AND19
OTHER SURROUNDING AREAS THAT MEET THE DEFINITION OF20
DISPROPORTIONATELY IMPACTED COMMUNITIES ;21
(b) M
AY BE CONDUCTED FOR A COMMUNITY LOCATED ON THE UTE22
M
OUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION ONLY IF23
REQUESTED BY THE GOVERNING BODY OF THE AFFECTED TRIBE AND24
FOLLOWING CONSULTATION WITH AND APPR OVAL BY THE GOVERNING25
BODY;26
(c) O
NCE DEVELOPED, MAY BE USED BY ANY STATE AGENCY FOR27
HB24-1338
-4- THE PURPOSE OF ANALYZING CUMULATIVE IMPACTS ;1
(d) M
UST PERFORM A SCIENTIFICALLY RIGOROUS ANALYSIS THAT2
INCLUDES MOST OF THE COMPONENTS RECOMMENDED IN THE FINAL3
REPORT OF THE TASK FORCE, AS REFLECTED ON PAGES THIRTEEN THROUGH4
FIFTEEN OF THE FINAL REPORT OF THE TASK FORCE ; AND5
(e) S
HOULD IDENTIFY KEY PROBLEMS AND INDICATORS OF6
CUMULATIVE IMPACTS , BUT SHOULD NOT RECOMMEND SPECIFIC7
SOLUTIONS FOR THOSE KEY PROBLEMS AND INDICATORS .8
(3) (a) T
HE OFFICE OF ENVIRONMENTAL JUSTICE SHALL SELECT9
LOCATIONS FOR THE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT10
ANALYSES AND OVERSEE THE DEPARTMENT 'S SELECTION OF A11
CONTRACTOR PURSUANT TO SUBSECTION (2) OF THIS SECTION.12
(b) B
Y A DEADLINE DETERMINED BY THE OFFICE AND POSTED13
CONSPICUOUSLY ON THE DEPARTMENT 'S WEBSITE, A LOCAL GOVERNMENT,14
A GROUP OF LOCAL GOVERNMENTS , AN ELECTED OFFICIAL , THE15
GOVERNING BODY OF AN AFFECTED TRIBE FOR ANY REQUEST WITHIN THE16
BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN17
RESERVATION, A NONPROFIT ORGANIZATION, OR ANY OTHER INTERESTED18
PERSON MAY SUBMIT A FORMAL WRITTEN REQUEST TO THE OFFICE TO19
SELECT A LOCATION FOR AN EECIA. IN SELECTING THE LOCATIONS FOR20
THE EECIAS, THE OFFICE SHALL:21
(I) P
RIORITIZE LOCATIONS THAT:22
(A) A
RE MOST IMPACTED BY ENVIRONMENTAL CONTAMINANTS ;23
(B) H
AVE THE POTENTIAL FOR WIDESPREAD HUMAN EXPOSURE TO24
THE ENVIRONMENTAL CONTAMINANTS ; AND25
(C) I
NCLUDE A GREATER PROPORTION OF INDIVIDUALS WITH26
HEIGHTENED VULNERABILITY TO THE ENVIRONMENTAL CONTAMINANTS ;27
HB24-1338
-5- (II) USE THE COLORADO ENVIROSCREEN TOOL TO HELP PRIORITIZE1
LOCATIONS WITH DISPROPORTIONATE ENVIRONMENTAL HEALTH BURDENS ;2
AND3
(III) S
EEK INPUT FROM VARIOUS GROUPS OF INTERESTED4
STAKEHOLDERS IN THE SELECTION PROCESS .5
(c) I
N SELECTING THE CONTRACTOR FOR AN EECIA LOCATION6
SELECTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE OFFICE7
SHALL:8
(I) B
E TRANSPARENT WITH REGARD TO ANY SELECTION CRITERIA9
USED IN THE SELECTION PROCESS;10
(II) E
NGAGE STAKEHOLDERS FOR FEEDBACK ON HOW TO DESIGN11
THE SELECTION PROCESS; AND12
(III) F
OR AN EECIA STUDYING ANY LANDS WITHIN THE13
BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN14
RESERVATION, CONSULT WITH THE GOVERNING BODY OF THE AFFECTED15
TRIBE AND SELECT A CONTRACTOR ONLY WITH THE GOVERNING BODY 'S16
CONSENT.17
(4) (a) I
N DEVELOPING THE ENVIRONMENTAL EQUITY AND18
CUMULATIVE IMPACT ANALYSES , A CONTRACTOR SELECTED PURSUANT TO19
SUBSECTION (2) OF THIS SECTION SHALL, WITH INPUT FROM INTERESTED20
STAKEHOLDERS, SET TIMELINES AND MILESTONES FOR COMPLETION OF AN21
EECIA
AND SUBMIT THE PROPOSED TIMELINES AND MILESTONES TO THE22
OFFICE FOR REVIEW AND APPROVAL .23
(b) T
HE OFFICE SHALL POST IN A CONSPICUOUS LOCATION ON THE24
DEPARTMENT'S PUBLIC-FACING WEBSITE THE APPROVED TIMELINES AND25
MILESTONES FOR EACH CONTRACTOR TO COMPLETE AN EECIA AND26
PERIODICALLY POST UPDATES ON WHETHER EACH CONTRACTOR HAS MET27
HB24-1338
-6- THE TIMELINES AND MILESTONES.1
(5) A
CONTRACTOR SELECTED PURSUANT TO SUBSECTION (3)(c) OF2
THIS SECTION SHALL:3
(a) W
ITH OVERSIGHT FROM THE OFFICE , REVIEW EXISTING4
CUMULATIVE IMPACT ANALYSIS FRAMEWORKS SUCH AS THE EPA'S5
CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS OR FRAMEWORKS6
FROM OTHER STATES OR JURISDICTIONS ;7
(b) E
STABLISH A PROCESS FOR INTERESTED STAKEHOLDERS TO8
SUBMIT INPUT REGARDING AN EECIA AND FOR THE CONTRACTOR TO9
REVIEW ANY INPUT SUBMITTED; AND10
(c) E
XTENSIVELY ENGAGE INTERESTED STAKEHOLDERS AND THE11
OFFICE THROUGHOUT THE EECIA DEVELOPMENT PROCESS.12
(6) T
HE DEPARTMENT MAY SOLICIT, ACCEPT, AND EXPEND GIFTS,13
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO HELP14
FINANCE THE DEVELOPMENT OF ENVIRONMENTAL EQUITY AND15
CUMULATIVE IMPACT ANALYSES PURSUANT TO THIS SECTION .16
SECTION 2. In Colorado Revised Statutes, add 25-1-133.5 as17
follows:18
25-1-133.5. Office of environmental justice - created - powers19
and duties - definitions. (1) (a) T
HERE IS CREATED IN THE DEPARTMENT20
THE OFFICE OF ENVIRONMENTAL JUSTICE , THE HEAD OF WHICH IS THE21
DIRECTOR OF THE OFFICE, WHO SHALL BE APPOINTED BY THE EXECUTIVE22
DIRECTOR OF THE DEPARTMENT AND MAY EMPLOY STAFF AS NECESSARY23
TO CARRY OUT THE POWERS AND DUTIES OF THE OFFICE . THE OFFICE IS A24
TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS25
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE26
DEPARTMENT.27
HB24-1338
-7- (b) IN CARRYING OUT ITS POWERS AND DUTIES , THE OFFICE MAY1
COLLABORATE WITH THE ENVIRONMENTAL JUSTICE OMBUDSPERSON2
APPOINTED PURSUANT TO SECTION 25-1-134 (1)(b), THE ENVIRONMENTAL3
JUSTICE ADVISORY BOARD CREATED IN SECTION 25-1-134 (2)(a),4
DISPROPORTIONATELY IMPACTED COMMUNITIES , LOCAL GOVERNMENTS,5
OTHER STATE AGENCIES , THE FEDERAL GOVERNMENT , AND OTHER6
INTERESTED PARTIES.7
(2) T
HE OFFICE SHALL:8
(a) I
NCREASE STATE GOVERNMENT ENGAGEMENT WITH AND9
RESPONSIVENESS TO DISPROPORTIONATELY IMPACTED COMMUNITIES ;10
(b) D
EVELOP AND MANAGE THE DEPARTMENT 'S ENVIRONMENTAL11
JUSTICE GOALS, METRICS, AND OBJECTIVES;12
(c) W
ORK WITH THE ENVIRONMENTAL DIVISIONS WITHIN THE13
DEPARTMENT, THE ENVIRONMENTAL JUSTICE OMBUDSPERSON , AND THE14
ENVIRONMENTAL JUSTICE ADVISORY BOARD TO IMPLEMENT STATUTORY15
ENVIRONMENTAL JUSTICE MANDATES , INCLUDING BENCHMARKS AND16
TARGETS SET FORTH IN THE "ENVIRONMENTAL JUSTICE ACT", AS ENACTED17
IN 2021 BY HOUSE BILL 21-1266;18
(d) W
ORK WITH THE DIVISION OF ADMINISTRATION TO IMPLEMENT19
PART 10 OF ARTICLE 8 OF THIS TITLE 25 CONCERNING MOBILE HOME WATER20
QUALITY BY LEADING COMMUNITY ENGAGEMENT EFFORTS WITH MOBILE21
HOME PARK RESIDENTS;22
(e) C
OORDINATE ENVIRONMENTAL JUSTICE WORK WITHIN THE23
DEPARTMENT AND WITH OTHER STATE AGENCIES AS WELL AS FEDERAL ,24
LOCAL, AND TRIBAL GOVERNMENT PARTNERS ;25
(f) A
DVANCE THE DEPARTMENT 'S LANGUAGE JUSTICE GOALS BY26
PROVIDING TRANSLATION AND INTERPRETATION SERVICES FOR THE27
HB24-1338
-8- DEPARTMENT'S ENVIRONMENTAL DIVISIONS; AND1
(g) I
DENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES2
BASED ON THE BEST -AVAILABLE DATA AND SPATIAL ANALYSIS3
TECHNOLOGY, INCLUDING THE COLORADO ENVIROSCREEN TOOL.4
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
REQUIRES:6
(a) "C
OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET7
FORTH IN SECTION 24-4-109 (5)(a)(II).8
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE9
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).10
(c) "O
FFICE" MEANS THE OFFICE OF ENVIRONMENTAL JUSTICE11
CREATED IN SUBSECTION (1)(a) OF THIS SECTION.12
SECTION 3. In Colorado Revised Statutes, 25-7-123.1, amend13
(1)(b) as follows:14
25-7-123.1. Statute of limitations - penalty assessment -15
criteria. (1) (b) Without expanding the statute of limitations contained16
in subsection (1)(a) of this section, any action commenced including
FOR17
the assessment of civil penalties, pursuant to this article 7, except those18
commenced pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that19
is not commenced within eighteen months after the date upon which the20
division discovers the alleged violation is time barred. For purposes of21
this section, the division discovers the alleged violation when it learns of22
the alleged violation or should have learned of the alleged violation by the23
exercise of reasonable diligence, including by receipt of actual or24
constructive notice.25
SECTION 4. In Colorado Revised Statutes, 25-7-128, add (9) as26
follows:27
HB24-1338
-9- 25-7-128. Local government - authority - penalty - limits on1
new or increased operational emissions of health-related air2
pollutants - exemptions - rules - definitions. (9) (a) A
S USED IN THIS3
SUBSECTION (9), UNLESS THE CONTEXT OTHERWISE REQUIRES :4
(I) (A) "H
EALTH-RELATED AIR POLLUTANTS" MEANS A GROUP OF5
AIR POLLUTANTS THAT AFFECT PUBLIC HEALTH .6
(B) "H
EALTH-RELATED AIR POLLUTANTS" INCLUDES PM
2.5, THE7
COVERED AIR TOXICS LISTED IN SECTION 25-7-141 (2)(b)(I), AND OXIDES8
OF NITROGEN.9
(II) "L
OCAL GOVERNING BODY " MEANS THE ELECTED OFFICIALS10
GOVERNING A HOME RULE OR STATUTORY CITY , TOWN, COUNTY, OR CITY11
AND COUNTY.12
(III) "N
EW OR INCREASED OPERATIONAL EMISSIONS " MEANS, FOR13
OPERATIONAL EMISSIONS OF HEALTH -RELATED AIR POLLUTANTS AT A14
PERMITTED STATIONARY SOURCE , NEW TYPES OR INCREASES OF EMISSIONS15
OF HEALTH-RELATED AIR POLLUTANTS FROM THE STATIONARY SOURCE .16
(IV) "PM
2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF17
LESS THAN TWO AND ONE-HALF MICROMETERS.18
(b) O
N OR AFTER JANUARY 1, 2026, AND IN COMPLIANCE WITH19
SUBSECTION (9)(c) OF THIS SECTION, A LOCAL GOVERNING BODY MAY20
REQUEST THAT THE COMMISSION IMPOSE LIMITS ON ANY NEW OR21
INCREASED OPERATIONAL EMISSIONS THAT WOULD AFFECT INDIVIDUALS22
LOCATED WITHIN THE GEOGRAPHIC REGION OVER WHICH THE LOCAL23
GOVERNING BODY HAS JURISDICTION . A LOCAL GOVERNING BODY SHALL24
NOT REQUEST THAT THE COMMISSION IMPOSE LIMITS ON ANY NEW OR25
INCREASED OPERATIONAL EMISSIONS OUTSIDE OF THE LOCAL GOVERNING26
BODY'S JURISDICTION, INCLUDING ON TRIBAL LANDS.27
HB24-1338
-10- (c) FOR THE COMMISSION TO IMPOSE LIMITS ON NEW OR INCREASED1
OPERATIONAL EMISSIONS AS REQUESTED BY A LOCAL GOVERNING BODY2
PURSUANT TO SUBSECTION (9)(b) OF THIS SECTION, THE LOCAL GOVERNING3
BODY MUST DEMONSTRATE TO THE COMMISSION 'S SATISFACTION THAT:4
(I) A
N AGENCY OF THE LOCAL GOVERNMENT GOVERNED BY THE5
LOCAL GOVERNING BODY HAS A REVIEW PROCESS IN PLACE FOR REVIEWING6
A STATIONARY SOURCE'S REQUEST FOR AN EXEMPTION FROM THE LIMITS7
ON NEW OR INCREASED OPERATIONAL EMISSIONS . THE LOCAL8
GOVERNMENT AGENCY MAY APPROVE A STATIONARY SOURCE 'S REQUEST9
FOR AN EXEMPTION FROM THE LIMITS FOR ECONOMIC REASONS OR FOR ANY10
OTHER REASON FOR WHICH THE LOCAL GOVERNMENT DETERMINES THERE11
IS JUSTIFICATION FOR AN EXEMPTION. IF THE COMMISSION APPROVES A12
LOCAL GOVERNING BODY'S REQUEST PURSUANT TO THIS SUBSECTION (9):13
(A) A
NY FUTURE DETERMINATION OF THE INCLUSION OR14
EXCLUSION OF ANY EXEMPTIONS WITHIN THE LOCAL GOVERNING BODY 'S15
JURISDICTION SHALL BE MADE ON A CASE -BY-CASE BASIS AT THE SOLE16
DISCRETION OF THE LOCAL GOVERNING B ODY OR THE LOCAL GOVERNMENT17
AGENCY; AND18
(B) T
HE COMMISSION SHALL REQUIRE THAT THE LOCAL19
GOVERNING BODY HAVE IN PLACE A PATHWAY TO LATER APPROVE THE20
NEW OR INCREASED OPERATIONAL EMISSIONS FROM THE STATIONARY21
SOURCE IF THE STATIONARY SOURCE COMPLIES WITH REQUIREMENTS THAT22
THE LOCAL GOVERNING BODY ESTABLISHES .23
(II) T
HE GEOGRAPHIC REGION OVER WHICH THE LOCAL GOVERNING24
BODY HAS JURISDICTION IS CUMULATIVELY IMPACTED BY POLLUTION . THE25
COMMISSION SHALL ADOPT RULES TO ESTABLISH A STRAIGHTFORWARD26
PROCESS FOR A LOCAL GOVERNING BODY TO DEMONSTRATE SUFFICIENT27
HB24-1338
-11- CUMULATIVE IMPACTS PURSUANT TO THIS SUBSECTION (9)(c)(II).1
(III) A
NY OTHER LOCAL GOVERNING BODY THAT HAS JURISDICTION2
OVER ALL OR A PORTION OF THE GEOGRAPHIC REGION OVER WHICH THE3
LOCAL GOVERNING BODY HAS JURISDICTION AGREES WITH THE REQUEST4
FOR LIMITS ON ANY NEW OR INCREASED OPERATIONAL EMISSIONS .5
(d) A
NY LIMITS ON NEW OR INCREASED OPERATIONAL EMISSIONS6
THAT THE COMMISSION IMPOSES PURSUANT TO THIS SUBSECTION (9) DO7
NOT AFFECT A STATIONARY SOURCE THAT PROPOSES NEW OR INCREASED8
OPERATIONAL EMISSIONS IF THE NEW OR INCREASED OPERATIONAL9
EMISSIONS:10
(I) A
RE REQUIRED FOR THE STATIONARY SOURCE TO MAINTAIN11
COMPLIANCE WITH STATE OR FEDERAL LAW ;12
(II) A
RE NECESSARY FOR AN EXPANSION OF RENEWABLE ENERGY13
IN COLORADO;14
(III) A
RE REQUIRED FOR THE DEVELOPMENT OF AFFORDABLE15
HOUSING; OR16
(IV) A
RE FROM A STATIONARY SOURCE THAT IS A PUBLICLY17
OWNED DOMESTIC WASTEWATER TREATMENT WORKS , AS DEFINED IN18
SECTION 25-8-103 (5).19
(e) T
HE COMMISSION MAY RESCIND ITS APPROVAL OF A LOCAL20
GOVERNING BODY'S REQUEST FOR LIMITS ON NEW OR INCREASED21
OPERATIONAL EMISSIONS PURSUANT TO THIS SUBSECTION (9) IF THE22
COMMISSION DETERMINES THAT THE LOCAL GOVERNING BODY FAILED TO23
COMPLY WITH THE REVIEW , EXEMPTION, PATHWAY TO APPROVAL , OR24
APPEALS PROCESSES THAT THE COMMISSION APPROVED AS PART OF THE25
LOCAL GOVERNING BODY 'S REQUEST FOR LIMITS.26
(f) A
PPROVAL OF A LOCAL GOVERNING BODY 'S REQUEST FOR27
HB24-1338
-12- LIMITS ON NEW OR INCREASED OPERATIONAL EMISSIONS EXPIRES AFTER1
FIVE YEARS. THE LOCAL GOVERNING BODY MUST RENEW ITS REQUEST FOR2
LIMITS IN ACCORDANCE WITH THIS SUBSECTION (9) BEFORE THE3
EXPIRATION OF THE APPROVED REQUEST .4
(g) N
OTHING IN THIS SUBSECTION (9):5
(I) S
HALL BE USED TO REGULATE IN ANY RESPECT THE OPERATIONS6
OF THE UTE MOUNTAIN UTE TRIBE OR ENTITIES OPERATING WITHIN THE7
TRIBE'S RESERVATION, INCLUDING THIRD PARTIES OPERATING ON TRIBAL8
LANDS WITHIN THE RESERVATION BOUNDARIES ;9
(II) A
FFECTS THE AUTHORITY OF THE UTE MOUNTAIN UTE TRIBE10
TO DETERMINE ENVIRONMENTAL STANDARDS , INCLUDING AIR AND WATER11
QUALITY STANDARDS, WITHIN ITS RESERVATION BOUNDARIES ;12
(III) A
FFECTS THE AUTHORITY OF THE SOUTHERN UTE INDIAN13
TRIBE TO REGULATE AIR QUALITY AS SET FORTH IN SECTION 24-62-101; OR14
(IV) A
FFECTS THE AUTHORITY OF THE SOUTHERN UTE INDIAN15
TRIBE TO REGULATE WATER QUALITY WITHIN ITS RESERVATION16
BOUNDARIES TO THE EXTENT THE TRIBE HAS JURISDICTION AND THE17
REGULATION IS APPROVED BY THE FEDERAL ENVIRONMENTAL PROTECTION18
AGENCY.19
SECTION 5. In Colorado Revised Statutes, add 25-7-146 and20
25-7-147 as follows:21
25-7-146. Petroleum refinery pollution - assessment -22
monitoring data - rules - definitions. (1) (a) O
N OR BEFORE JANUARY23
1,
2025, THE DIVISION SHALL HIRE AN EXPERT REGARDING AIR POLLUTION24
CONTROL REGULATIONS FOR PETROLEUM REFINERIES . THE PETROLEUM25
REFINERY REGULATION EXPERT SHALL :26
(I) A
SSESS THE FEASIBILITY, COSTS, AND BENEFITS FOR THE27
HB24-1338
-13- DIVISION TO PROPOSE TO THE COMMISSION A RULE ESTABLISHING A1
PETROLEUM REFINERY CONTROL REGULATION ; AND2
(II) A
SSESS OTHER REGULATORY AND NONREGULATORY3
MEASURES.4
(b) A
S PART OF THE ASSESSMENTS REQUIRED PURSUANT TO5
SUBSECTION (1)(a) OF THIS SECTION, THE PETROLEUM REFINERY6
REGULATION EXPERT SHALL:7
(I) E
VALUATE THE IMPACT THAT PETROLEUM REFINERIES HAVE ON8
AIR QUALITY IN THE STATE, INCLUDING AN EVALUATION OF CRITERIA AIR9
POLLUTANTS LISTED PURSUANT TO THE FEDERAL ACT AND HAZARDOUS AIR10
POLLUTANTS;11
(II) I
NVESTIGATE THE REGULATORY FRAMEWORK GOVERNING12
PETROLEUM REFINERIES IN OTHER STATES AND AT THE FEDERAL LEVEL ;13
(III) I
DENTIFY BEST PRACTICES AND TECHNOLOGIES FOR14
MINIMIZING EMISSIONS FROM PETROLEUM REFINERIES ; AND15
(IV) D
ETERMINE ACTIONS NEEDED TO REDUCE EMISSIONS ,16
INCLUDING THE POTENTIAL FOR DEVELOPING A SPECIFIC PETROLEUM17
REFINERY RULE. IF THE DIVISION DEEMS IT APPROPRIATE, THE DIVISION18
SHALL PROPOSE A RULE SPECIFICALLY BASED ON THE EXPERT 'S19
ASSESSMENT ON OR BEFORE JULY 1, 2026.20
(c) N
OTWITHSTANDING THE TIMELINE SET FORTH IN SUBSECTION21
(1)(b)(IV)
OF THIS SECTION, THE COMMISSION MAY ADOPT , AND THE22
DIVISION MAY PROPOSE, A RULE ESTABLISHING A PETROLEUM REFINERY23
CONTROL REGULATION AT ANY TIME .24
(2) (a) O
N AND AFTER JANUARY 1, 2025, A PETROLEUM REFINERY25
IN THE STATE SHALL DISSEMINATE TO THE DIVISION , IN REAL TIME26
THROUGH AN APPLICATION PROGRAMMING INTERFACE , PUSH DATA27
HB24-1338
-14- GATHERED THROUGH :1
(I) C
ONTINUOUS EMISSION MONITORING SYSTEMS AND2
CONTINUOUS MONITORING SYSTEMS REQUIRED UNDER STATE OR FEDERAL3
LAW;4
(II) F
ENCELINE MONITORING SYSTEMS AS REQUIRED UNDER5
SECTION 25-7-141 (5);6
(III) C
OMMUNITY-BASED MONITORING REQUIRED UNDER SECTION7
25-7-141
(6); AND8
(IV) C
OMPLIANCE WITH A STATE-ISSUED COMPLIANCE ORDER.9
(b) T
HE DATA DISSEMINATED TO THE DIVISION PURSUANT TO10
SUBSECTION (2)(a) OF THIS SECTION MUST BE PROVIDED THROUGH THE11
PUSH IN A ONE-MINUTE AVERAGED RESOLUTION .12
(c) T
HE DIVISION SHALL DETERMINE THE FORMAT BY WHICH A13
PETROLEUM REFINERY MUST TRANSMIT THE DATA TO THE DIVISION .14
(3) (a) O
N OR BEFORE DECEMBER 31, 2024, A PETROLEUM15
REFINERY SHALL UPGRADE AT LEAST SIX COMMUNITY -BASED MONITORING16
SYSTEMS TO MONITOR, AT A MINIMUM, FOR:17
(I) B
ENZENE;18
(II) T
OLUENE;19
(III) E
THYLBENZENE;20
(IV) X
YLENE;21
(V) C
ARBON MONOXIDE;22
(VI) N
ITROGEN DIOXIDE;23
(VII) PM
2.5;24
(VIII) H
YDROGEN SULFIDE;25
(IX) S
ULFUR DIOXIDE;26
(X) T
OTAL VOLATILE ORGANIC COMPOUNDS ;27
HB24-1338
-15- (XI) TEMPERATURE;1
(XII) R
ELATIVE HUMIDITY;2
(XIII) W
IND SPEED; AND3
(XIV) W
IND DIRECTION.4
(b) T
HE COMMUNITY-BASED MONITORING SYSTEMS UPGRADED5
PURSUANT TO THIS SUBSECTION (3) MUST BE INSTALLED, CERTIFIED, AND6
OPERATED IN ACCORDANCE WITH A PLAN DEVELOPED BY THE DIVISION .7
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "A
PPLICATION PROGRAMMING INTERFACE " MEANS A SET OF10
RULES, PROTOCOLS, AND TOOLS THAT:11
(I) E
NABLE THE INTERACTION AND COMMUNICATION BETWEEN12
SOFTWARE APPLICATIONS;13
(II) S
ERVE AS AN INTERMEDIARY THAT FACILITATES THE14
EXCHANGE OF DATA, REQUESTS, AND COMMANDS BETWEEN DISTINCT15
SOFTWARE SYSTEMS, ALLOWING THE DISTINCT SOFTWARE SYSTEMS TO16
WORK TOGETHER SEAMLESSLY ; AND17
(III) E
NABLE THE DEVELOPMENT OF INTERCONNECTED AND18
INTEROPERABLE APPLICATIONS.19
(b) "C
OMMUNITY-BASED MONITORING" HAS THE MEANING SET20
FORTH IN SECTION 25-7-141 (2)(a).21
(c) "C
ONTINUOUS EMISSIONS MONITORING SYSTEM " MEANS THE22
EQUIPMENT:23
(I) R
EQUIRED TO MEET THE DATA ACQUISITION AND AVAILABILITY24
REQUIREMENTS SET FORTH IN A CONSTRUCTION PERMIT OR A RENEWABLE25
OPERATING PERMIT OR AS SET FORTH IN FEDERAL LAW ; AND26
(II) T
HAT IS USED TO SAMPLE ; CONDITION, IF APPLICABLE;27
HB24-1338
-16- ANALYZE; AND PROVIDE A RECORD OF EMISSIONS ON A CONTINUOUS BASIS .1
(d) "C
ONTINUOUS MONITORING SYSTEM " MEANS A SET OF2
INSTRUMENTS AND EQUIPMENT THAT IS DESIGNED TO CONTINUOUSLY3
MEASURE AND RECORD VARIOUS PARAMETERS THAT MAY AFFECT4
EMISSIONS OF AIR POLLUTANTS IN REAL TIME AND IS REQUIRED UNDER A5
CONSTRUCTION PERMIT, A RENEWABLE OPERATING PERMIT , OR FEDERAL6
LAW.7
(e) "F
ENCELINE MONITORING" HAS THE MEANING SET FORTH IN8
SECTION 25-7-141 (2)(e).9
(f) "P
ETROLEUM REFINERY" MEANS A STATIONARY SOURCE10
COVERED BY THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM11
CODE 324110, AS ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT12
AND BUDGET.13
(g) "PM
2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF14
LESS THAN TWO AND ONE-HALF MICROMETERS.15
(h) "P
USH" MEANS, IN THE CONTEXT OF AN APPLICATION16
PROGRAMMING INTERFACE , A MECHANISM BY WHICH A SERVER OR DATA17
SOURCE PROACTIVELY SENDS INFORMATION OR UPDATES TO THE DIVISION18
WITHOUT THE DIVISION EXPLICITLY REQUESTING THE INFORMATION .19
(i) "R
EAL TIME" MEANS THE INSTANTANEOUS OR20
NEAR-INSTANTANEOUS PROVISION OF DATA , WITHOUT A DELAY OF MORE21
THAN FIFTEEN MINUTES, TO ENSURE THAT DATA IS CONVEYED PROMPTLY22
AND WITHOUT UNDUE LATENCY .23
25-7-147. Rapid response inspection team. (1) T
HE DIVISION24
SHALL ESTABLISH A RAPID RESPONSE INSPECTION TEAM TO RESPOND25
QUICKLY TO AIR QUALITY COMPLAINTS FILED WITH THE DIVISION . THE26
DIVISION SHALL HIRE AND DEVELOP A TEAM TO SERVE AS THE RAPID27
HB24-1338
-17- RESPONSE INSPECTION TEAM.1
(2) T
HE RAPID RESPONSE INSPECTION TEAM SHALL DEVELOP2
PROCESSES AND BEST PRACTICES FOR QUICKLY RESPONDING TO AIR3
QUALITY COMPLAINTS FILED AND FOR GIVING PRIORITY TO AIR QUALITY4
COMPLAINTS RELATED TO ADVERSE EFFECTS IN DISPROPORTIONATELY5
IMPACTED COMMUNITIES OF THE STATE. THE RAPID RESPONSE TEAM SHALL6
ALSO DEVELOP AND IMPLEMENT OUTREACH EFFORTS TO EDUCATE AND7
ENGAGE WITH COMMUNITIES ABOUT EVENTS AND CONDITIONS THAT LEAD8
TO EXCESS EMISSIONS WITHIN THE COMMUNITIES .9
(3) T
HE RAPID RESPONSE INSPECTION TEAM SHALL NOT RESPOND10
TO ANY ISSUE ARISING WITHIN THE BOUNDARIES OF THE SOUTHERN UTE11
I
NDIAN OR UTE MOUNTAIN UTE RESERVATION ABSENT THE EXPRESS12
CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE . THE RAPID13
RESPONSE INSPECTION TEAM SHALL REFER ANY COMPLAINT WITHIN THE14
JURISDICTION OF THE SOUTHERN UTE INDIAN OR UTE MOUNTAIN UTE15
TRIBE TO THE ENVIRONMENTAL PROGRAMS DEPARTMENT OF THE16
RELEVANT TRIBE AND MAY RESPOND TO THE COMPLAINT ONLY WITH THE17
EXPRESS CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE .18
SECTION 6. In Colorado Revised Statutes, 24-4-109, amend19
(2)(b) introductory portion and (2)(b)(I) as follows:20
24-4-109. State engagement of disproportionately impacted21
communities - definitions. (2) Definitions. (b) As used in this section22
and sections 25-1-133,
25-1-134 and 25-7-105 (1)(e), unless the context23
otherwise requires:24
(I) "Agency" means the air quality control commission created in25
section 25-7-104 and, as used in this section and sections 25-1-133 and26
25-1-134 SECTION 25-1-134, the water quality control commission created27
HB24-1338
-18- in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that1
apply to the water quality control commission are effective on July 1,2
2023, except for the portions requiring the water quality control3
commission to effectuate the requirements of subsections (3)(b)(I),4
(3)(b)(II), (3)(b)(IV), and (3)(b)(V) of this section, which apply to any5
rule-making proceedings of the commission concerning the classifications6
and numeric standards for the South Platte river basin, Laramie river7
basin, Republican river basin, and Smoky Hill river basin that occur after8
June 8, 2022.9
SECTION 7. Safety clause. The general assembly finds,10
determines, and declares that this act is necessary for the immediate11
preservation of the public peace, health, or safety or for appropriations for12
the support and maintenance of the departments of the state and state13
institutions.14
HB24-1338
-19-