Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0797.01 Jennifer Berman x3286
HOUSE BILL 24-1338
House Committees Senate Committees
Energy & Environment
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ADVANCE ENVIRONMENTAL JUSTICE BY101
REDUCING CUMULATIVE IMPACTS OF AIR
POLLUTION, AND, IN102
CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
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
HOUSE
3rd Reading Unamended
April 22, 2024
HOUSE
Amended 2nd Reading
April 20, 2024
HOUSE SPONSORSHIP
Rutinel and Velasco, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Epps,
Froelich, Garcia, Hamrick, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Marvin,
McCormick, Ortiz, Parenti, Ricks, Sirota, Story, Valdez, Vigil, Willford, Woodrow
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. environmental equity and cumulative impact analyses (EECIA) in the
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.
1338
-2- Section 5 requires a petroleum refinery in the state to comply with
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
report. (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
1338-3- MEANS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S1
"C
UMULATIVE IMPACTS RESEARCH: RECOMMENDATIONS FOR EPA'S2
O
FFICE OF RESEARCH AND DEVELOPMENT", PUBLISHED ON SEPTEMBER 30,3
2022.4
(f) "F
INAL REPORT OF THE TASK FORCE " MEANS THE "FINAL5
R
EPORT OF RECOMMENDATIONS" PUBLISHED BY THE TASK FORCE ON6
N
OVEMBER 14, 2022.7
(g) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY8
CITY, TOWN, CITY AND COUNTY, OR COUNTY.9
(h) "O
FFICE OF ENVIRONMENTAL JUSTICE" OR "OFFICE" MEANS THE10
OFFICE OF ENVIRONMENTAL JUSTICE CREATED IN SECTION 25-1-133.511
(1)(a).12
(i) "T
ASK FORCE" MEANS THE ENVIRONMENTAL JUSTICE ACTION13
TASK FORCE CREATED BY THE GENERAL ASSEMBLY IN 2021 THROUGH THE14
ENACTMENT OF HOUSE BILL 21-1266.15
(2) T
HE DEPARTMENT SHALL SELECT ONE OR MORE CONTRACTORS16
TO DEVELOP TWO OR MORE ENVIRONMENTAL EQUITY AND CUMULATIVE17
IMPACT ANALYSES FOR THE STATE. EACH EECIA:18
(a) M
UST COVER A GEOGRAPHIC AREA OF THE STATE THAT19
INCLUDES A GROUP OF MOSTLY CONTIGUOUS CENSUS BLOCK GROUPS AND20
OTHER SURROUNDING AREAS T HAT MEET THE DEFINITION OF21
DISPROPORTIONATELY IMPACTED COMMUNITIES ;22
(b) M
AY BE CONDUCTED FOR A COMMUNITY LOCATED ON THE UTE23
M
OUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION ONLY IF24
REQUESTED BY THE GOVERNING B ODY OF THE AFFECTED TRIBE AND25
FOLLOWING CONSULTATION WITH AND APPROVAL BY THE GOVERNING26
BODY;27
1338
-4- (c) ONCE DEVELOPED, MAY BE USED BY ANY STATE AGENCY FOR1
THE PURPOSE OF ANALYZING CUMULATIVE IMPACTS ;2
(d) M
UST PERFORM A SCIENTIFICALLY RIGOROUS ANALYSIS THAT3
INCLUDES MOST OF THE COMPONENTS RECOMMENDED IN THE FINAL4
REPORT OF THE TASK FORCE, AS REFLECTED ON PAGES THIRTEEN THROUGH5
FIFTEEN OF THE FINAL REPORT OF THE TASK FORCE ;
6
(e) S
HOULD IDENTIFY KEY PROBLEMS AND INDICATORS OF7CUMULATIVE IMPACTS AND HOW THOSE PROBLEMS AND INDICATORS CAN8
BE AVOIDED, MINIMIZED, AND MITIGATED, BUT SHOULD NOT RECOMMEND9
SOLUTIONS TO INDIVIDUAL AGENCIES; AND10
(f) SHOULD EMPOWER AGENCIES AND LOCAL GOVERNMENTS TO11
SCORE, EVALUATE, OR COMPARE ALTERNATIVE MITIGATION OPTIONS12
PROPOSED FOR FUTURE PROJECTS TO ENSURE THAT THE FUTURE PROJECTS13
ARE EFFECTIVE WHILE CONSIDERING POTENTIAL UNINTENDED14
CONSEQUENCES.15
(3) (a) T
HE OFFICE OF ENVIRONMENTAL JUSTICE SHALL SELECT16
LOCATIONS FOR THE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT17
ANALYSES AND OVERSEE THE DEPARTMENT 'S SELECTION OF A18
CONTRACTOR PURSUANT TO SUBSECTION (2) OF THIS SECTION.19
(b) B
Y A DEADLINE DETERMINED BY THE OFFICE AND POSTED20
CONSPICUOUSLY ON THE DEPARTMENT 'S WEBSITE, A LOCAL GOVERNMENT,21
A GROUP OF LOCAL GOVERNMENTS , AN ELECTED OFFICIAL , THE22
GOVERNING BODY OF AN AFFECTED TRIBE FOR ANY REQUEST WITHIN THE23
BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN24
RESERVATION, A NONPROFIT ORGANIZATION, OR ANY OTHER INTERESTED25
PERSON MAY SUBMIT A FORMAL WRITTEN REQUEST TO THE OFFICE TO26
SELECT A LOCATION FOR AN EECIA. IN SELECTING THE LOCATIONS FOR27
1338
-5- THE EECIAS, THE OFFICE SHALL:1
(I) P
RIORITIZE LOCATIONS THAT:2
(A) A
RE MOST IMPACTED BY ENVIRONMENTAL CONTAMINANTS ;3
(B) H
AVE THE POTENTIAL FOR WIDESPREAD HUMAN EXPOSURE TO4
THE ENVIRONMENTAL CONTAMINANTS ; AND5
(C) I
NCLUDE A GREATER PROPORTION OF INDIVIDUALS WITH6
HEIGHTENED VULNERABILITY TO THE ENVIRONMENTAL CONTAMINANTS ;7
(II) U
SE THE COLORADO ENVIROSCREEN TOOL TO HELP PRIORITIZE8
LOCATIONS WITH DISPROPORTIONATE ENVIRONMENTAL HEALTH BURDENS ;9
AND10
(III) S
EEK INPUT FROM VARIOUS GROUPS OF INTERESTED11
STAKEHOLDERS IN THE SELECTION PROCESS .12
(c) I
N SELECTING THE CONTRACTOR FOR AN EECIA LOCATION13
SELECTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE OFFICE14
SHALL:15
(I) B
E TRANSPARENT WITH REGARD TO ANY SELECTION CRITERIA16
USED IN THE SELECTION PROCESS;17
(II) E
NGAGE STAKEHOLDERS FOR FEEDBACK ON HOW TO DESIGN18
THE SELECTION PROCESS; AND19
(III) F
OR AN EECIA STUDYING ANY LANDS WITHIN THE20
BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN21
RESERVATION, CONSULT WITH THE GOVERNING BODY OF THE AFFECTED22
TRIBE AND SELECT A CONTRACTOR ONLY WITH THE GOVERNING BODY 'S23
CONSENT.24
(4) (a) I
N DEVELOPING THE ENVIRONMENTAL EQUITY AND25
CUMULATIVE IMPACT ANALYSES , A CONTRACTOR SELECTED PURSUANT TO26
SUBSECTION (2) OF THIS SECTION SHALL, WITH INPUT FROM INTERESTED27
1338
-6- STAKEHOLDERS, SET TIMELINES AND MILESTONES FOR COMPLETION OF AN1
EECIA
AND SUBMIT THE PROPOSED TIMELINES AND MILESTONES TO THE2
OFFICE FOR REVIEW AND APPROVAL .3
(b) T
HE OFFICE SHALL POST IN A CONSPICUOUS LOCATION ON THE4
DEPARTMENT'S PUBLIC-FACING WEBSITE THE APPROVED TIMELINES AND5
MILESTONES FOR EACH CONTRACTOR TO COMPLETE AN EECIA AND6
PERIODICALLY POST UPDATES ON WHETHER EACH CONTRACTOR HAS MET7
THE TIMELINES AND MILESTONES.8
(5) A
CONTRACTOR SELECTED PURSUANT TO SUBSECTION (3)(c) OF9
THIS SECTION SHALL:10
(a) W
ITH OVERSIGHT FROM THE OFFICE , REVIEW EXISTING11
CUMULATIVE IMPACT ANALYSIS FRAMEWORKS SUCH AS THE EPA'S12
CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS OR FRAMEWORKS13
FROM OTHER STATES OR JURISDICTIONS ;14
(b) E
STABLISH A PROCESS FOR INTERESTED STAKEHOLDERS TO15
SUBMIT INPUT REGARDING AN EECIA AND FOR THE CONTRACTOR TO16
REVIEW ANY INPUT SUBMITTED;
17
(c) E
XTENSIVELY ENGAGE INTERESTED STAKEHOLDERS AND THE18
OFFICE THROUGHOUT THE EECIA DEVELOPMENT
PROCESS; AND19
(d) ENSURE THAT AN EECIA IS CRAFTED TO BE COMPREHENSIBLE,20
EASY TO UTILIZE, AND ACCESSIBLE. AS USED IN THIS SUBSECTION (5)(d),21
"ACCESSIBLE" INCLUDES ENSURING THAT THE DATA SUPPORTING AN22
EECIA IS TRANSPARENT, TRANSLATED FROM ENGLISH INTO THE TWO23
MOST PREVALENT OTHER LANGUAGES SPOKEN IN THE RELEVANT24
COMMUNITY, AND MADE READILY AVAILABLE TO COMMUNITIES .25
(6) (a) EXCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS26
SECTION, THE DEPARTMENT MAY SOLICIT , ACCEPT, AND EXPEND GIFTS,27
1338
-7- GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO HELP1
FINANCE THE DEVELOPMENT OF ENVIRONMENTAL EQUITY AND2
CUMULATIVE IMPACT ANALYSES PURSUANT TO THIS SECTION .3
(b) THE DEPARTMENT SHALL NOT ACCEPT GIFTS , GRANTS, OR4
DONATIONS FROM INDUSTRY INTERESTS. AS USED IN THIS SUBSECTION5
(6)(b), "INDUSTRY INTEREST" MEANS AN ENTITY THAT CURRENTLY HOLDS6
OR THAT APPLIED TO RECEIVE A PERMIT OR LICENSE FROM THE DIVISION OF7
ADMINISTRATION OR THE HAZARDOUS MATERIALS AND WASTE8
MANAGEMENT DIVISION.9
(7) (a) WITHIN NINE MONTHS AFTER COMPLETING THE FIRST10
EECIA, THE DEPARTMENT SHALL PREPARE A REPORT REGARDING THE11
EECIA AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES12
ENERGY AND ENVIRONMENT COMMITTEE AND THE SENATE13
TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR14
COMMITTEES.15
(b) THE REPORT MUST INCLUDE:16
(I) RECOMMENDATIONS FOR IMPLEMENTING THE FINDINGS OF THE17
EECIA; AND18
(II) IDENTIFICATION OF ANY RESOURCES OR STEPS NECESSARY FOR19
THE DEPARTMENT OR OTHER AGENCIES TO IMPLEMENT THE FINDINGS OF20
THE EECIA ONCE THE EECIA IS DEVELOPED.21
(c) IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT22
WITH:23
(I) THE COLORADO ENERGY OFFICE CREATED IN SECTION24
24-38.5-101 (1);25
(II) THE DEPARTMENT OF NATURAL RESOURCES CREATED IN26
SECTION 24-1-124 (1);27
1338
-8- (III) THE DEPARTMENT OF AGRICULTURE CREATED IN SECTION1
35-1-103;2
(IV) THE PUBLIC UTILITIES COMMISSION CREATED IN SECTION3
40-2-101 (1)(a);4
(V) THE DEPARTMENT OF TRANSPORTATION CREATED IN SECTION5
24-1-128.7 (1); AND6
(VI) REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED7
COMMUNITIES.8
SECTION 2. In Colorado Revised Statutes, add 25-1-133.5 as9
follows:10
25-1-133.5. Office of environmental justice - created - powers11
and duties - definitions. (1) (a) T
HERE IS CREATED IN THE DEPARTMENT12
THE OFFICE OF ENVIRONMENTAL JUSTICE , THE HEAD OF WHICH IS THE13
DIRECTOR OF THE OFFICE, WHO SHALL BE APPOINTED BY THE EXECUTIVE14
DIRECTOR OF THE DEPARTMENT AND MAY EMPLOY STAFF AS NECESSARY15
TO CARRY OUT THE POWERS AND DUTIES OF THE OFFICE . THE OFFICE IS A16
TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS17
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE18
DEPARTMENT.19
(b) I
N CARRYING OUT ITS POWERS AND DUTIES , THE OFFICE MAY20
COLLABORATE WITH THE ENVIRONMENTAL JUSTICE OMBUDSPERSON21
APPOINTED PURSUANT TO SECTION 25-1-134 (1)(b), THE ENVIRONMENTAL22
JUSTICE ADVISORY BOARD CREATED IN SECTION 25-1-134 (2)(a),23
DISPROPORTIONATELY IMPACTED COMMUNITIES , LOCAL GOVERNMENTS,24
OTHER STATE AGENCIES , THE FEDERAL GOVERNMENT , AND OTHER25
INTERESTED PARTIES.26
(2) T
HE OFFICE SHALL:27
1338
-9- (a) INCREASE STATE GOVERNMENT ENGAGEMENT WITH AND1
RESPONSIVENESS TO DISPROPORTIONATELY IMPACTED COMMUNITIES ;2
(b) D
EVELOP AND MANAGE THE DEPARTMENT 'S ENVIRONMENTAL3
JUSTICE GOALS, METRICS, AND OBJECTIVES;4
(c) W
ORK WITH THE ENVIRONMENTAL DIVISIONS WITHIN THE5
DEPARTMENT, THE ENVIRONMENTAL JUSTICE OMBUDSPERSON , AND THE6
ENVIRONMENTAL JUSTICE ADVISORY BOARD TO IMPLEMENT STATUTORY7
ENVIRONMENTAL JUSTICE MANDATES , INCLUDING BENCHMARKS AND8
TARGETS SET FORTH IN THE "ENVIRONMENTAL JUSTICE ACT", AS ENACTED9
IN 2021 BY HOUSE BILL 21-1266;10
(d) W
ORK WITH THE DIVISION OF ADMINISTRATION TO IMPLEMENT11
PART 10 OF ARTICLE 8 OF THIS TITLE 25 CONCERNING MOBILE HOME WATER12
QUALITY BY LEADING COMMUNITY ENGAGEMENT EFFORTS WITH MOBILE13
HOME PARK RESIDENTS;14
(e) C
OORDINATE ENVIRONMENTAL JUSTICE WORK WITHIN THE15
DEPARTMENT AND WITH OTHER STATE AGENCIES AS WELL AS FEDERAL ,16
LOCAL, AND TRIBAL GOVERNMENT PARTNERS ;17
(f) A
DVANCE THE DEPARTMENT 'S LANGUAGE JUSTICE GOALS BY18
PROVIDING TRANSLATION AND INTERPRETATION SERVICES FOR THE19
DEPARTMENT'S ENVIRONMENTAL DIVISIONS; AND20
(g) I
DENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES21
BASED ON THE BEST -AVAILABLE DATA AND SPATIAL ANALYSIS22
TECHNOLOGY, INCLUDING THE COLORADO ENVIROSCREEN TOOL.23
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
REQUIRES:25
(a) "C
OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET26
FORTH IN SECTION 24-4-109 (5)(a)(II).27
1338
-10- (b) "DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE1
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).2
(c) "O
FFICE" MEANS THE OFFICE OF ENVIRONMENTAL JUSTICE3
CREATED IN SUBSECTION (1)(a) OF THIS SECTION.4
SECTION 3. In Colorado Revised Statutes, 25-7-123.1, amend5
(1)(b) as follows:6
25-7-123.1. Statute of limitations - penalty assessment -7
criteria. (1) (b) Without expanding the statute of limitations contained8
in subsection (1)(a) of this section, any action commenced including
FOR9
the assessment of civil penalties, pursuant to this article 7, except those10
commenced pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that11
is not commenced within eighteen months after the date upon which the12
division discovers the alleged violation is time barred. For purposes of13
this section, the division discovers the alleged violation when it learns of14
the alleged violation or should have learned of the alleged violation by the15
exercise of reasonable diligence, including by receipt of actual or16
constructive notice.17
18
SECTION 4. In Colorado Revised Statutes, add 25-7-146 and19
25-7-147 as follows:20
25-7-146. Petroleum refinery pollution - assessment -21
monitoring data - rules - definitions. (1) (a) O
N OR BEFORE JANUARY22
1,
2025, THE DIVISION SHALL HIRE AN EXPERT REGARDING AIR POLLUTION23
CONTROL REGULATIONS FOR PETROLEUM REFINERIES . THE PETROLEUM24
REFINERY REGULATION EXPERT SHALL :25
(I) A
SSESS THE FEASIBILITY, COSTS, AND BENEFITS FOR THE26
DIVISION TO PROPOSE TO THE COMMISSION A RULE ESTABLISHING A27
1338
-11- PETROLEUM REFINERY CONTROL REGULATION ; AND1
(II) A
SSESS OTHER REGULATORY AND NONREGULATORY2
MEASURES.3
(b) A
S PART OF THE ASSESSMENTS REQUIRED PURSUANT TO4
SUBSECTION (1)(a) OF THIS SECTION, THE PETROLEUM REFINERY5
REGULATION EXPERT SHALL:6
(I) E
VALUATE THE IMPACT THAT PETROLEUM REFINERIES HAVE ON7
AIR QUALITY IN THE STATE, INCLUDING AN EVALUATION OF CRITERIA AIR8
POLLUTANTS LISTED PURSUANT TO THE FEDERAL ACT AND HAZAR DOUS AIR9
POLLUTANTS;10
(II) I
NVESTIGATE THE REGULATORY FRAMEWORK GOVERNING11
PETROLEUM REFINERIES IN OTHER STATES AND AT THE FEDERAL LEVEL ;12
(III) I
DENTIFY BEST PRACTICES AND TECHNOLOGIES FOR13
MINIMIZING EMISSIONS FROM PETROLEUM REFINERIES ; AND14
(IV) D
ETERMINE ACTIONS NEEDED TO REDUCE EMISSIONS ,15
INCLUDING THE POTENTIAL FOR DEVELOPING A SPECIFIC PETROLEUM16
REFINERY RULE. IF THE DIVISION DEEMS IT APPROPRIATE, THE DIVISION17
SHALL PROPOSE A RULE SPECIFICALLY BASED ON THE EXPERT 'S18
ASSESSMENT ON OR BEFORE JULY 1, 2026.19
(c) N
OTWITHSTANDING THE TIMELINE SET FORTH IN SUBSECTION20
(1)(b)(IV)
OF THIS
SECTION AND NOTWITHSTANDING ANY EXISTING21
AUTHORITY THAT THE COMMISSION HAS UNDER THE LAW , THE22
COMMISSION MAY ADOPT , AND THE DIVISION MAY PROPOSE , A RULE23
ESTABLISHING A PETROLEUM REFINERY CONTROL REGULATION AT ANY24
TIME.25
(2) (a) O
N AND AFTER JANUARY 1, 2025, A PETROLEUM REFINERY26
IN THE STATE SHALL DISSEMINATE TO THE DIVISION , IN REAL TIME27
1338
-12- THROUGH AN APPLICATION PROGRAMMING INTERFACE , PUSH DATA1
GATHERED THROUGH :2
(I) C
ONTINUOUS EMISSION MONITORING SYSTEMS AND3
CONTINUOUS MONITORING SYSTEMS REQUIRED UNDER STATE OR FEDERAL4
LAW;5
(II) F
ENCELINE MONITORING SYSTEMS AS REQUIRED UNDER6
SECTION 25-7-141 (5);7
(III) C
OMMUNITY-BASED MONITORING REQUIRED UNDER SECTION8
25-7-141
(6); AND9
(IV) C
OMPLIANCE WITH A STATE-ISSUED COMPLIANCE ORDER.10
(b) T
HE DATA DISSEMINATED TO THE DIVISION PURSUANT TO11
SUBSECTION (2)(a) OF THIS SECTION MUST BE PROVIDED THROUGH THE12
PUSH IN A ONE-MINUTE AVERAGED RESOLUTION .13
(c) T
HE DIVISION SHALL DETERMINE THE FORMAT BY WHICH A14
PETROLEUM REFINERY MUST TRANSMIT THE DATA TO THE DIVISION .15
(3) (a) O
N OR BEFORE DECEMBER 31, 2024, A PETROLEUM16
REFINERY SHALL
INSTALL AND OPERATE AT LEAST SIX COMMUNITY -BASED17
MONITORING SYSTEMS TO MONITOR , AT A MINIMUM, FOR:18
(I) B
ENZENE;19
(II) T
OLUENE;20
(III) E
THYLBENZENE;21
(IV) X
YLENE;22
(V) C
ARBON MONOXIDE;23
(VI) N
ITROGEN DIOXIDE;24
(VII) PM
2.5;25
(VIII) H
YDROGEN SULFIDE;26
(IX) S
ULFUR DIOXIDE;27
1338
-13- (X) TOTAL VOLATILE ORGANIC COMPOUNDS ;1
(XI) T
EMPERATURE;2
(XII) R
ELATIVE HUMIDITY;3
(XIII) W
IND SPEED; AND4
(XIV) W
IND DIRECTION.5
(b) T
HE COMMUNITY-BASED MONITORING SYSTEMS
INSTALLED6
AND OPERATED PURSUANT TO THIS SUBSECTION (3) MUST BE INSTALLED,7
CERTIFIED, AND OPERATED IN ACCORDANCE WITH A PLAN DEVELOPED BY8
THE DIVISION.9
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
REQUIRES:11
(a) "A
PPLICATION PROGRAMMING INTERFACE " MEANS A SET OF12
RULES, PROTOCOLS, AND TOOLS THAT:13
(I) E
NABLE THE INTERACTION AND COMMUNICATION BETWEEN14
SOFTWARE APPLICATIONS;15
(II) S
ERVE AS AN INTERMEDIARY THAT FACILITATES THE16
EXCHANGE OF DATA, REQUESTS, AND COMMANDS BETWEEN DISTINCT17
SOFTWARE SYSTEMS, ALLOWING THE DISTINCT SOFTWARE SYSTEMS TO18
WORK TOGETHER SEAMLESSLY ; AND19
(III) E
NABLE THE DEVELOPMENT OF INTERCONNECTED AND20
INTEROPERABLE APPLICATIONS.21
(b) "C
OMMUNITY-BASED MONITORING" HAS THE MEANING SET22
FORTH IN SECTION 25-7-141 (2)(a).23
(c) "C
ONTINUOUS EMISSIONS MONITORING SYSTEM " MEANS THE24
EQUIPMENT:25
(I) R
EQUIRED TO MEET THE DATA ACQUISITION AND AVAILABILITY26
REQUIREMENTS SET FORTH IN A CONSTRUCTION PERMIT OR A RENEWABLE27
1338
-14- OPERATING PERMIT OR AS SET FORTH IN FEDERAL LAW ; AND1
(II) T
HAT IS USED TO SAMPLE ; CONDITION, IF APPLICABLE;2
ANALYZE; AND PROVIDE A RECORD OF EMISSIONS ON A CONTINUOUS BASIS .3
(d) "C
ONTINUOUS MONITORING SYSTEM " MEANS A SET OF4
INSTRUMENTS AND EQUIPMENT THAT IS DESIGNED TO CONTINUOUSLY5
MEASURE AND RECORD VARIOUS PARAMETERS THAT MAY AFFECT6
EMISSIONS OF AIR POLLUTANTS IN REAL TIME AND IS REQUIRED UNDER A7
CONSTRUCTION PERMIT, A RENEWABLE OPERATING PERMIT , OR FEDERAL8
LAW.9
(e) "F
ENCELINE MONITORING" HAS THE MEANING SET FORTH IN10
SECTION 25-7-141 (2)(e).11
(f) "P
ETROLEUM REFINERY" MEANS A STATIONARY SOURCE12
COVERED BY THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM13
CODE 324110, AS ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT14
AND BUDGET.15
(g) "PM
2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF16
LESS THAN TWO AND ONE-HALF MICROMETERS.17
(h) "P
USH" MEANS, IN THE CONTEXT OF AN APPLICATION18
PROGRAMMING INTERFACE , A MECHANISM BY WHICH A SERVER OR DATA19
SOURCE PROACTIVELY SENDS INFORMATION OR UPDATES TO THE DIVISION20
WITHOUT THE DIVISION EXPLICITLY REQUESTING THE INFORMATION .21
(i) "R
EAL TIME" MEANS THE INSTANTANEOUS OR22
NEAR-INSTANTANEOUS PROVISION OF DATA , WITHOUT A DELAY OF MORE23
THAN FIFTEEN MINUTES, TO ENSURE THAT DATA IS CONVEYED PROMPTLY24
AND WITHOUT UNDUE LATENCY .25
25-7-147. Rapid response inspection team. (1) T
HE DIVISION26
SHALL ESTABLISH A RAPID RESPONSE INSPECTION TEAM TO RESPOND27
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-15- QUICKLY TO AIR QUALITY COMPLAINTS FILED WITH THE DIVISION . THE1
DIVISION SHALL HIRE AND DEVELOP A TEAM TO SERVE AS THE RAPID2
RESPONSE INSPECTION TEAM.3
(2) T
HE RAPID RESPONSE INSPECTION TEAM SHALL DEVELOP4
PROCESSES AND BEST PRACTICES FOR QUICKLY RESPONDING TO AIR5
QUALITY COMPLAINTS FILED AND FOR GIVING PRIORITY TO AIR QUALITY6
COMPLAINTS RELATED TO ADVERSE EFFECTS IN DISPROPORTIONATELY7
IMPACTED COMMUNITIES OF THE STATE. THE RAPID RESPONSE TEAM SHALL8
ALSO DEVELOP AND IMPLEMENT OUTREACH EFFORTS TO EDUCATE AND9
ENGAGE WITH COMMUNITIES ABOUT EVENTS AND CONDITIONS THAT LEAD10
TO EXCESS EMISSIONS WITHIN THE COMMUNITIES .
THE RAPID RESPONSE11
TEAM SHALL TRACK AND REPORT ON THE DIVISION 'S WEBSITE THE12
NUMBER OF COMPLAINTS FILED AND POST WHAT, IF ANY, FORMAL13
ENFORCEMENT ACTION WAS TAKEN AS A RESULT OF THE COMPLAINT .14
(3) T
HE RAPID RESPONSE INSPECTION TEAM SHALL NOT RESPOND15
TO ANY ISSUE ARISING WITHIN THE BOUNDARIES OF THE SOUTHERN UTE16
I
NDIAN OR UTE MOUNTAIN UTE RESERVATION ABSENT THE EXPRESS17
CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE . THE RAPID18
RESPONSE INSPECTION TEAM SHALL REFER ANY COMPLAINT WITHIN THE19
JURISDICTION OF THE SOUTHERN UTE INDIAN OR UTE MOUNTAIN UTE20
TRIBE TO THE ENVIRONMENTAL PROGRAMS DEPARTMENT OF THE21
RELEVANT TRIBE AND MAY RESPOND TO THE COMPLAINT ONLY WITH THE22
EXPRESS CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE .23
SECTION
5. In Colorado Revised Statutes, 24-4-109, amend24
(2)(b) introductory portion and (2)(b)(I) as follows:25
24-4-109. State engagement of disproportionately impacted26
communities - definitions. (2) Definitions. (b) As used in this section27
1338
-16- and sections 25-1-133, 25-1-134 and 25-7-105 (1)(e), unless the context1
otherwise requires:2
(I) "Agency" means the air quality control commission created in3
section 25-7-104 and, as used in this section and sections 25-1-133 and4
25-1-134 SECTION 25-1-134, the water quality control commission created5
in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that6
apply to the water quality control commission are effective on July 1,7
2023, except for the portions requiring the water quality control8
commission to effectuate the requirements of subsections (3)(b)(I),9
(3)(b)(II), (3)(b)(IV), and (3)(b)(V) of this section, which apply to any10
rule-making proceedings of the commission concerning the classifications11
and numeric standards for the South Platte river basin, Laramie river12
basin, Republican river basin, and Smoky Hill river basin that occur after13
June 8, 2022.14
SECTION 6. Appropriation. (1) For the 2024-25 state fiscal15
year, $1,829,087 is appropriated to the department of public health and16
environment. This appropriation is from the general fund. To implement17
this act, the department may use this appropriation as follows:18
(a) $1,180,087 for use by the administration and support division19
for environmental justice program costs, which amount is based on an20
assumption that the division will require an additional 2.0 FTE;21
(b) $332,791 for use by the air pollution control division for22
personal service related to stationary sources, which amount is based on23
an assumption that the division will require an additional 2.5 FTE;24
(c) $5,760 for use by the air pollution control division for25
operating expenses related to stationary sources; and26
(d) $310,449 for the purchase of legal services.27
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-17- (2) For the 2024-25 state fiscal year, $310,449 is appropriated to1
the department of law. This appropriation is from reappropriated funds2
received from the department of public health and environment under3
subsection (1)(d) of this section and is based on an assumption that the4
department of law will require an additional 1.3 FTE. To implement this5
act, the department of law may use this appropriation to provide legal6
services for the department of public health and environment.7
(3) Of the amount appropriated in subsection (1)(a) of this section,8
any amount up to $959,310 not expended prior to July 1, 2025, is further9
appropriated to the division through the 2028-29 state fiscal year for the10
same purpose.11
SECTION 7. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
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