Colorado 2024 Regular Session

Colorado House Bill HB1338 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0797.01 Jennifer Berman x3286
1	8		HOUSE BILL 24-1338
2		-	BY REPRESENTATIVE(S) Rutinel and Velasco, Amabile, Bacon,
3		-	Boesenecker, Brown, deGruy Kennedy, Epps, Froelich, Garcia, Hamrick,
4		-	Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Marvin, McCormick,
5		-	Ortiz, Parenti, Ricks, Sirota, Story, Valdez, Vigil, Willford, Woodrow;
6		-	also SENATOR(S) Michaelson Jenet, Cutter, Danielson, Exum, Fields,
7		-	Gonzales, Jaquez Lewis, Kolker, Marchman, Priola, Rodriguez, Winter F.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Transportation & Energy
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING MEASURES TO ADVANCE ENVIRONMENTAL JUSTICE BY
10		-	REDUCING CUMULATIVE IMPACTS OF AIR POLLUTION
11		-	, AND, IN
12		-	CONNECTION THEREWITH
13		-	, MAKING AN APPROPRIATION.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, repeal and reenact,
17		-	with amendments, 25-1-133 as follows:
18		-	25-1-133. Environmental equity and cumulative impact analyses
19		-	- selection of contractor - required components of analyses - selection
20		-	of locations - requirements for contractors - definitions - report. (1) A
21		-	S
22		-	USED IN THIS SECTION
23		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
	14	+	ONCERNING MEASURES TO ADVANCE ENVIRONMENTAL JUSTICE BY101
	15	+	REDUCING CUMULATIVE IMPACTS OF AIR
	16	+	POLLUTION, AND, IN102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	House Bill 21-1266, enacted in 2021, authorized the creation of
	26	+	the environmental justice action task force to develop recommendations
	27	+	for measures to achieve environmental justice in the state. The task force
	28	+	completed its work and published a final report on November 14, 2022,
	29	+	which report included a recommendation for the development of
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 8, 2024
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 7, 2024
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 22, 2024
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 20, 2024
	42	+	HOUSE SPONSORSHIP
	43	+	Rutinel and Velasco, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Epps,
	44	+	Froelich, Garcia, Hamrick, Hernandez, Herod, Joseph, Kipp, Lindsay, Lindstedt, Marvin,
	45	+	McCormick, Ortiz, Parenti, Ricks, Sirota, Story, Valdez, Vigil, Willford, Woodrow
	46	+	SENATE SPONSORSHIP
	47	+	Michaelson Jenet, Cutter, Danielson, Exum, Fields, Gonzales, Jaquez Lewis, Kolker,
	48	+	Marchman, Priola, Rodriguez, Winter F.
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. environmental equity and cumulative impact analyses (EECIA) in the
	52	+	state.
	53	+	Section 2 of the bill creates the office of environmental justice
	54	+	(office) in the department of public health and environment (CDPHE) and
	55	+	section 1 requires the office to oversee a process to develop at least 2
	56	+	EECIAs for specific geographic locations in the state. Once an EECIA is
	57	+	developed, various state agencies will be able to rely on the EECIA in
	58	+	conducting cumulative impact analyses regarding potentially polluting
	59	+	activities.
	60	+	The office must choose as locations for the EECIAs communities
	61	+	that are disproportionately impacted communities, with priority given to
	62	+	communities that have a heightened potential for widespread human
	63	+	exposure to environmental contaminants. After selecting a location for an
	64	+	EECIA, CDPHE must contract with an academic institution or other third
	65	+	party to develop an EECIA. In developing an EECIA, the applicable
	66	+	contractor must perform a scientifically rigorous analysis that includes
	67	+	most of the recommendations made by the environmental justice action
	68	+	task force.
	69	+	Section 3 makes a technical change regarding the assessment of
	70	+	civil penalties for air quality law violations.
	71	+	On or after January 1, 2026, section 4 authorizes the elected
	72	+	officials of a city, town, county, or city and county (local governing body)
	73	+	to request that the air quality control commission (commission) impose
	74	+	limits on any new or increased operational emissions of certain
	75	+	health-related air pollutants that would affect individuals located in the
	76	+	geographic region governed by the local governing body. To obtain
	77	+	approval of such a request, the local governing body must demonstrate to
	78	+	the commission's satisfaction that:
	79	+	! The geographic region over which the local governing
	80	+	body has jurisdiction is cumulatively impacted by
	81	+	pollution; and
	82	+	! An agency of the local government governed by the local
	83	+	governing body has a process to review exemption requests
	84	+	from the limits on any new or increased operational
	85	+	emissions.
	86	+	An approved request for limits expires after 5 years and the local
	87	+	governing body must renew its request to further continue the limits. The
	88	+	commission may rescind its approval of the limits if the commission
	89	+	determines that the local governing body is not complying with its own
	90	+	processes regarding the limits.
	91	+	On or before January 1, 2025, the division of administration
	92	+	(division) in CDPHE is required under section 5 to hire a petroleum
	93	+	refinery regulation expert to examine whether a specific petroleum
	94	+	refinery rule should be adopted by the commission and examine other
	95	+	regulatory or nonregulatory measures performed.
	96	+	1338
	97	+	-2- Section 5 requires a petroleum refinery in the state to comply with
	98	+	certain monitoring requirements to provide real-time emissions
	99	+	monitoring data to the division.
	100	+	Section 5 also requires the division to establish a rapid response
	101	+	inspection team to respond quickly to air quality complaints received.
	102	+	Once the team is established, the team is required to develop processes
	103	+	and best practices for quickly responding to such complaints and to
	104	+	engage in outreach to communities regarding events and conditions that
	105	+	lead to excess air pollution emissions in communities.
	106	+	Be it enacted by the General Assembly of the State of Colorado:1
	107	+	SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
	108	+	with amendments, 25-1-133 as follows:3
	109	+	25-1-133. Environmental equity and cumulative impact4
	110	+	analyses - selection of contractor - required components of analyses5
	111	+	- selection of locations - requirements for contractors -
	112	+	definitions -6
	113	+	report. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE7
	114	+	REQUIRES:8
24	115		(a) "C
25		-	OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET FORTH
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. IN SECTION 24-4-109 (5)(a)(II).
	116	+	OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET9
	117	+	FORTH IN SECTION 24-4-109 (5)(a)(II).10
34	118		(b) "C
35		-	ONTRACTOR" MEANS AN ACADEMIC INSTITUTION OR ~~OTHER~~
36		-	PARTY WITH WHICH THE DEPARTMENT CONTRACTS TO DEVELOP AN
37		-	EECIA.
	119	+	ONTRACTOR" MEANS AN ACADEMIC INSTITUTION OR OTHER11
	120	+	PARTY WITH WHICH THE DEPARTMENT CONTRACTS TO DEVELOP AN12
	121	+	EECIA.13
38	122		(c) "D
39		-	ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
40		-	MEANING SET FORTH IN SECTION
41		-	24-4-109 (2)(b)(II).
	123	+	ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE14
	124	+	MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).15
42	125		(d) "E
43		-	NVIRONMENTAL EQUITY AND CUMULATIVE IMPACT ANALYSIS "
44		-	OR "EECIA" MEANS A CUMULATIVE IMPACT ANALYSIS FOR A SPECIFIC
45		-	GEOGRAPHIC AREA OF THE STATE DEVELOPED IN ACCORDANCE WITH THIS
	126	+	NVIRONMENTAL EQUITY AND CUMULATIVE IMPACT16
	127	+	ANALYSIS" OR "EECIA" MEANS A CUMULATIVE IMPACT ANALYSIS FOR A17
	128	+	SPECIFIC GEOGRAPHIC AREA OF THE STATE DEVELOPED IN ACCORDANCE18
	129	+	WITH THIS SECTION.19
	130	+	(e) "EPA'
	131	+	S CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS "20
	132	+	1338-3- MEANS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S1
	133	+	"C
	134	+	UMULATIVE IMPACTS RESEARCH: RECOMMENDATIONS FOR EPA'S2
	135	+	O
	136	+	FFICE OF RESEARCH AND DEVELOPMENT", PUBLISHED ON SEPTEMBER 30,3
	137	+	2022.4
	138	+	(f) "F
	139	+	INAL REPORT OF THE TASK FORCE " MEANS THE "FINAL5
	140	+	R
	141	+	EPORT OF RECOMMENDATIONS" PUBLISHED BY THE TASK FORCE ON6
	142	+	N
	143	+	OVEMBER 14, 2022.7
	144	+	(g) "L
	145	+	OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY8
	146	+	CITY, TOWN, CITY AND COUNTY, OR COUNTY.9
	147	+	(h) "O
	148	+	FFICE OF ENVIRONMENTAL JUSTICE" OR "OFFICE" MEANS THE10
	149	+	OFFICE OF ENVIRONMENTAL JUSTICE CREATED IN SECTION 25-1-133.511
	150	+	(1)(a).12
	151	+	(i) "T
	152	+	ASK FORCE" MEANS THE ENVIRONMENTAL JUSTICE ACTION13
	153	+	TASK FORCE CREATED BY THE GENERAL ASSEMBLY IN 2021 THROUGH THE14
	154	+	ENACTMENT OF HOUSE BILL 21-1266.15
	155	+	(2) T
	156	+	HE DEPARTMENT SHALL SELECT ONE OR MORE CONTRACTORS16
	157	+	TO DEVELOP TWO OR MORE ENVIRONMENTAL EQUITY AND CUMULATIVE17
	158	+	IMPACT ANALYSES FOR THE STATE. EACH EECIA:18
	159	+	(a) M
	160	+	UST COVER A GEOGRAPHIC AREA OF THE STATE THAT19
	161	+	INCLUDES A GROUP OF MOSTLY CONTIGUOUS CENSUS BLOCK GROUPS AND20
	162	+	OTHER SURROUNDING AREAS T HAT MEET THE DEFINITION OF21
	163	+	DISPROPORTIONATELY IMPACTED COMMUNITIES ;22
	164	+	(b) M
	165	+	AY BE CONDUCTED FOR A COMMUNITY LOCATED ON THE UTE23
	166	+	M
	167	+	OUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION ONLY IF24
	168	+	REQUESTED BY THE GOVERNING B ODY OF THE AFFECTED TRIBE AND25
	169	+	FOLLOWING CONSULTATION WITH AND APPROVAL BY THE GOVERNING26
	170	+	BODY;27
	171	+	1338
	172	+	-4- (c) ONCE DEVELOPED, MAY BE USED BY ANY STATE AGENCY FOR1
	173	+	THE PURPOSE OF ANALYZING CUMULATIVE IMPACTS ;2
	174	+	(d) M
	175	+	UST PERFORM A SCIENTIFICALLY RIGOROUS ANALYSIS THAT3
	176	+	INCLUDES MOST OF THE COMPONENTS RECOMMENDED IN THE FINAL4
	177	+	REPORT OF THE TASK FORCE, AS REFLECTED ON PAGES THIRTEEN THROUGH5
	178	+	FIFTEEN OF THE FINAL REPORT OF THE TASK FORCE ;
	179	+	6
	180	+	(e) S
	181	+	HOULD IDENTIFY KEY PROBLEMS AND INDICATORS OF7CUMULATIVE IMPACTS AND HOW THOSE PROBLEMS AND INDICATORS CAN8
	182	+	BE AVOIDED, MINIMIZED, AND MITIGATED, BUT SHOULD NOT RECOMMEND9
	183	+	SOLUTIONS TO INDIVIDUAL AGENCIES; AND10
	184	+	(f) SHOULD EMPOWER AGENCIES AND LOCAL GOVERNMENTS TO11
	185	+	SCORE, EVALUATE, OR COMPARE ALTERNATIVE MITIGATION OPTIONS12
	186	+	PROPOSED FOR FUTURE PROJECTS TO ENSURE THAT THE FUTURE PROJECTS13
	187	+	ARE EFFECTIVE WHILE CONSIDERING POTENTIAL UNINTENDED14
	188	+	CONSEQUENCES.15
	189	+	(3) (a) T
	190	+	HE OFFICE OF ENVIRONMENTAL JUSTICE SHALL SELECT16
	191	+	LOCATIONS FOR THE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT17
	192	+	ANALYSES AND OVERSEE THE DEPARTMENT 'S SELECTION OF A18
	193	+	CONTRACTOR PURSUANT TO SUBSECTION (2) OF THIS SECTION.19
	194	+	(b) B
	195	+	Y A DEADLINE DETERMINED BY THE OFFICE AND POSTED20
	196	+	CONSPICUOUSLY ON THE DEPARTMENT 'S WEBSITE, A LOCAL GOVERNMENT,21
	197	+	A GROUP OF LOCAL GOVERNMENTS , AN ELECTED OFFICIAL , THE22
	198	+	GOVERNING BODY OF AN AFFECTED TRIBE FOR ANY REQUEST WITHIN THE23
	199	+	BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN24
	200	+	RESERVATION, A NONPROFIT ORGANIZATION, OR ANY OTHER INTERESTED25
	201	+	PERSON MAY SUBMIT A FORMAL WRITTEN REQUEST TO THE OFFICE TO26
	202	+	SELECT A LOCATION FOR AN EECIA. IN SELECTING THE LOCATIONS FOR27
	203	+	1338
	204	+	-5- THE EECIAS, THE OFFICE SHALL:1
	205	+	(I) P
	206	+	RIORITIZE LOCATIONS THAT:2
	207	+	(A) A
	208	+	RE MOST IMPACTED BY ENVIRONMENTAL CONTAMINANTS ;3
	209	+	(B) H
	210	+	AVE THE POTENTIAL FOR WIDESPREAD HUMAN EXPOSURE TO4
	211	+	THE ENVIRONMENTAL CONTAMINANTS ; AND5
	212	+	(C) I
	213	+	NCLUDE A GREATER PROPORTION OF INDIVIDUALS WITH6
	214	+	HEIGHTENED VULNERABILITY TO THE ENVIRONMENTAL CONTAMINANTS ;7
	215	+	(II) U
	216	+	SE THE COLORADO ENVIROSCREEN TOOL TO HELP PRIORITIZE8
	217	+	LOCATIONS WITH DISPROPORTIONATE ENVIRONMENTAL HEALTH BURDENS ;9
	218	+	AND10
	219	+	(III) S
	220	+	EEK INPUT FROM VARIOUS GROUPS OF INTERESTED11
	221	+	STAKEHOLDERS IN THE SELECTION PROCESS .12
	222	+	(c) I
	223	+	N SELECTING THE CONTRACTOR FOR AN EECIA LOCATION13
	224	+	SELECTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, THE OFFICE14
	225	+	SHALL:15
	226	+	(I) B
	227	+	E TRANSPARENT WITH REGARD TO ANY SELECTION CRITERIA16
	228	+	USED IN THE SELECTION PROCESS;17
	229	+	(II) E
	230	+	NGAGE STAKEHOLDERS FOR FEEDBACK ON HOW TO DESIGN18
	231	+	THE SELECTION PROCESS; AND19
	232	+	(III) F
	233	+	OR AN EECIA STUDYING ANY LANDS WITHIN THE20
	234	+	BOUNDARIES OF THE UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN21
	235	+	RESERVATION, CONSULT WITH THE GOVERNING BODY OF THE AFFECTED22
	236	+	TRIBE AND SELECT A CONTRACTOR ONLY WITH THE GOVERNING BODY 'S23
	237	+	CONSENT.24
	238	+	(4) (a) I
	239	+	N DEVELOPING THE ENVIRONMENTAL EQUITY AND25
	240	+	CUMULATIVE IMPACT ANALYSES , A CONTRACTOR SELECTED PURSUANT TO26
	241	+	SUBSECTION (2) OF THIS SECTION SHALL, WITH INPUT FROM INTERESTED27
	242	+	1338
	243	+	-6- STAKEHOLDERS, SET TIMELINES AND MILESTONES FOR COMPLETION OF AN1
	244	+	EECIA
	245	+	AND SUBMIT THE PROPOSED TIMELINES AND MILESTONES TO THE2
	246	+	OFFICE FOR REVIEW AND APPROVAL .3
	247	+	(b) T
	248	+	HE OFFICE SHALL POST IN A CONSPICUOUS LOCATION ON THE4
	249	+	DEPARTMENT'S PUBLIC-FACING WEBSITE THE APPROVED TIMELINES AND5
	250	+	MILESTONES FOR EACH CONTRACTOR TO COMPLETE AN EECIA AND6
	251	+	PERIODICALLY POST UPDATES ON WHETHER EACH CONTRACTOR HAS MET7
	252	+	THE TIMELINES AND MILESTONES.8
	253	+	(5) A
	254	+	CONTRACTOR SELECTED PURSUANT TO SUBSECTION (3)(c) OF9
	255	+	THIS SECTION SHALL:10
	256	+	(a) W
	257	+	ITH OVERSIGHT FROM THE OFFICE , REVIEW EXISTING11
	258	+	CUMULATIVE IMPACT ANALYSIS FRAMEWORKS SUCH AS THE EPA'S12
	259	+	CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS OR FRAMEWORKS13
	260	+	FROM OTHER STATES OR JURISDICTIONS ;14
	261	+	(b) E
	262	+	STABLISH A PROCESS FOR INTERESTED STAKEHOLDERS TO15
	263	+	SUBMIT INPUT REGARDING AN EECIA AND FOR THE CONTRACTOR TO16
	264	+	REVIEW ANY INPUT SUBMITTED;
	265	+	17
	266	+	(c) E
	267	+	XTENSIVELY ENGAGE INTERESTED STAKEHOLDERS AND THE18
	268	+	OFFICE THROUGHOUT THE EECIA DEVELOPMENT
	269	+	PROCESS; AND19
	270	+	(d) ENSURE THAT AN EECIA IS CRAFTED TO BE COMPREHENSIBLE,20
	271	+	EASY TO UTILIZE, AND ACCESSIBLE. AS USED IN THIS SUBSECTION (5)(d),21
	272	+	"ACCESSIBLE" INCLUDES ENSURING THAT THE DATA SUPPORTING AN22
	273	+	EECIA IS TRANSPARENT, TRANSLATED FROM ENGLISH INTO THE TWO23
	274	+	MOST PREVALENT OTHER LANGUAGES SPOKEN IN THE RELEVANT24
	275	+	COMMUNITY, AND MADE READILY AVAILABLE TO COMMUNITIES .25
	276	+	(6) (a) EXCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS26
	277	+	SECTION, THE DEPARTMENT MAY SOLICIT , ACCEPT, AND EXPEND GIFTS,27
	278	+	1338
	279	+	-7- GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO HELP1
	280	+	FINANCE THE DEVELOPMENT OF ENVIRONMENTAL EQUITY AND2
	281	+	CUMULATIVE IMPACT ANALYSES PURSUANT TO THIS SECTION .3
	282	+	(b) THE DEPARTMENT SHALL NOT ACCEPT GIFTS , GRANTS, OR4
	283	+	DONATIONS FROM INDUSTRY INTERESTS. AS USED IN THIS SUBSECTION5
	284	+	(6)(b), "INDUSTRY INTEREST" MEANS AN ENTITY THAT CURRENTLY HOLDS6
	285	+	OR THAT APPLIED TO RECEIVE A PERMIT OR LICENSE FROM THE DIVISION OF7
	286	+	ADMINISTRATION OR THE HAZARDOUS MATERIALS AND WASTE8
	287	+	MANAGEMENT DIVISION.9
	288	+	(7) (a) WITHIN NINE MONTHS AFTER COMPLETING THE FIRST10
	289	+	EECIA, THE DEPARTMENT SHALL PREPARE A REPORT REGARDING THE11
	290	+	EECIA AND SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES12
	291	+	ENERGY AND ENVIRONMENT COMMITTEE AND THE SENATE13
	292	+	TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR14
	293	+	COMMITTEES.15
	294	+	(b) THE REPORT MUST INCLUDE:16
	295	+	(I) RECOMMENDATIONS FOR IMPLEMENTING THE FINDINGS OF THE17
	296	+	EECIA; AND18
	297	+	(II) IDENTIFICATION OF ANY RESOURCES OR STEPS NECESSARY FOR19
	298	+	THE DEPARTMENT OR OTHER AGENCIES TO IMPLEMENT THE FINDINGS OF20
	299	+	THE EECIA ONCE THE EECIA IS DEVELOPED.21
	300	+	(c) IN PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT22
	301	+	WITH:23
	302	+	(I) THE COLORADO ENERGY OFFICE CREATED IN SECTION24
	303	+	24-38.5-101 (1);25
	304	+	(II) THE DEPARTMENT OF NATURAL RESOURCES CREATED IN26
	305	+	SECTION 24-1-124 (1);27
	306	+	1338
	307	+	-8- (III) THE DEPARTMENT OF AGRICULTURE CREATED IN SECTION1
	308	+	35-1-103;2
	309	+	(IV) THE PUBLIC UTILITIES COMMISSION CREATED IN SECTION3
	310	+	40-2-101 (1)(a);4
	311	+	(V) THE DEPARTMENT OF TRANSPORTATION CREATED IN SECTION5
	312	+	24-1-128.7 (1); AND6
	313	+	(VI) REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED7
	314	+	COMMUNITIES.8
	315	+	SECTION 2. In Colorado Revised Statutes, add 25-1-133.5 as9
	316	+	follows:10
	317	+	25-1-133.5. Office of environmental justice - created - powers11
	318	+	and duties - definitions. (1) (a) T
	319	+	HERE IS CREATED IN THE DEPARTMENT12
	320	+	THE OFFICE OF ENVIRONMENTAL JUSTICE , THE HEAD OF WHICH IS THE13
	321	+	DIRECTOR OF THE OFFICE, WHO SHALL BE APPOINTED BY THE EXECUTIVE14
	322	+	DIRECTOR OF THE DEPARTMENT AND MAY EMPLOY STAFF AS NECESSARY15
	323	+	TO CARRY OUT THE POWERS AND DUTIES OF THE OFFICE . THE OFFICE IS A16
	324	+	TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS17
	325	+	POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE18
	326	+	DEPARTMENT.19
	327	+	(b) I
	328	+	N CARRYING OUT ITS POWERS AND DUTIES , THE OFFICE MAY20
	329	+	COLLABORATE WITH THE ENVIRONMENTAL JUSTICE OMBUDSPERSON21
	330	+	APPOINTED PURSUANT TO SECTION 25-1-134 (1)(b), THE ENVIRONMENTAL22
	331	+	JUSTICE ADVISORY BOARD CREATED IN SECTION 25-1-134 (2)(a),23
	332	+	DISPROPORTIONATELY IMPACTED COMMUNITIES , LOCAL GOVERNMENTS,24
	333	+	OTHER STATE AGENCIES , THE FEDERAL GOVERNMENT , AND OTHER25
	334	+	INTERESTED PARTIES.26
	335	+	(2) T
	336	+	HE OFFICE SHALL:27
	337	+	1338
	338	+	-9- (a) INCREASE STATE GOVERNMENT ENGAGEMENT WITH AND1
	339	+	RESPONSIVENESS TO DISPROPORTIONATELY IMPACTED COMMUNITIES ;2
	340	+	(b) D
	341	+	EVELOP AND MANAGE THE DEPARTMENT 'S ENVIRONMENTAL3
	342	+	JUSTICE GOALS, METRICS, AND OBJECTIVES;4
	343	+	(c) W
	344	+	ORK WITH THE ENVIRONMENTAL DIVISIONS WITHIN THE5
	345	+	DEPARTMENT, THE ENVIRONMENTAL JUSTICE OMBUDSPERSON , AND THE6
	346	+	ENVIRONMENTAL JUSTICE ADVISORY BOARD TO IMPLEMENT STATUTORY7
	347	+	ENVIRONMENTAL JUSTICE MANDATES , INCLUDING BENCHMARKS AND8
	348	+	TARGETS SET FORTH IN THE "ENVIRONMENTAL JUSTICE ACT", AS ENACTED9
	349	+	IN 2021 BY HOUSE BILL 21-1266;10
	350	+	(d) W
	351	+	ORK WITH THE DIVISION OF ADMINISTRATION TO IMPLEMENT11
	352	+	PART 10 OF ARTICLE 8 OF THIS TITLE 25 CONCERNING MOBILE HOME WATER12
	353	+	QUALITY BY LEADING COMMUNITY ENGAGEMENT EFFORTS WITH MOBILE13
	354	+	HOME PARK RESIDENTS;14
	355	+	(e) C
	356	+	OORDINATE ENVIRONMENTAL JUSTICE WORK WITHIN THE15
	357	+	DEPARTMENT AND WITH OTHER STATE AGENCIES AS WELL AS FEDERAL ,16
	358	+	LOCAL, AND TRIBAL GOVERNMENT PARTNERS ;17
	359	+	(f) A
	360	+	DVANCE THE DEPARTMENT 'S LANGUAGE JUSTICE GOALS BY18
	361	+	PROVIDING TRANSLATION AND INTERPRETATION SERVICES FOR THE19
	362	+	DEPARTMENT'S ENVIRONMENTAL DIVISIONS; AND20
	363	+	(g) I
	364	+	DENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES21
	365	+	BASED ON THE BEST -AVAILABLE DATA AND SPATIAL ANALYSIS22
	366	+	TECHNOLOGY, INCLUDING THE COLORADO ENVIROSCREEN TOOL.23
	367	+	(3) A
	368	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE24
	369	+	REQUIRES:25
	370	+	(a) "C
	371	+	OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET26
	372	+	FORTH IN SECTION 24-4-109 (5)(a)(II).27
	373	+	1338
	374	+	-10- (b) "DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE1
	375	+	MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).2
	376	+	(c) "O
	377	+	FFICE" MEANS THE OFFICE OF ENVIRONMENTAL JUSTICE3
	378	+	CREATED IN SUBSECTION (1)(a) OF THIS SECTION.4
	379	+	SECTION 3. In Colorado Revised Statutes, 25-7-123.1, amend5
	380	+	(1)(b) as follows:6
	381	+	25-7-123.1. Statute of limitations - penalty assessment -7
	382	+	criteria. (1) (b) Without expanding the statute of limitations contained8
	383	+	in subsection (1)(a) of this section, any action commenced including
	384	+	FOR9
	385	+	the assessment of civil penalties, pursuant to this article 7, except those10
	386	+	commenced pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that11
	387	+	is not commenced within eighteen months after the date upon which the12
	388	+	division discovers the alleged violation is time barred. For purposes of13
	389	+	this section, the division discovers the alleged violation when it learns of14
	390	+	the alleged violation or should have learned of the alleged violation by the15
	391	+	exercise of reasonable diligence, including by receipt of actual or16
	392	+	constructive notice.17
	393	+	18
	394	+	SECTION 4. In Colorado Revised Statutes, add 25-7-146 and19
	395	+	25-7-147 as follows:20
	396	+	25-7-146. Petroleum refinery pollution - assessment -21
	397	+	monitoring data - rules - definitions. (1) (a) O
	398	+	N OR BEFORE JANUARY22
	399	+	1,
	400	+	2025, THE DIVISION SHALL HIRE AN EXPERT REGARDING AIR POLLUTION23
	401	+	CONTROL REGULATIONS FOR PETROLEUM REFINERIES . THE PETROLEUM24
	402	+	REFINERY REGULATION EXPERT SHALL :25
	403	+	(I) A
	404	+	SSESS THE FEASIBILITY, COSTS, AND BENEFITS FOR THE26
	405	+	DIVISION TO PROPOSE TO THE COMMISSION A RULE ESTABLISHING A27
	406	+	1338
	407	+	-11- PETROLEUM REFINERY CONTROL REGULATION ; AND1
	408	+	(II) A
	409	+	SSESS OTHER REGULATORY AND NONREGULATORY2
	410	+	MEASURES.3
	411	+	(b) A
	412	+	S PART OF THE ASSESSMENTS REQUIRED PURSUANT TO4
	413	+	SUBSECTION (1)(a) OF THIS SECTION, THE PETROLEUM REFINERY5
	414	+	REGULATION EXPERT SHALL:6
	415	+	(I) E
	416	+	VALUATE THE IMPACT THAT PETROLEUM REFINERIES HAVE ON7
	417	+	AIR QUALITY IN THE STATE, INCLUDING AN EVALUATION OF CRITERIA AIR8
	418	+	POLLUTANTS LISTED PURSUANT TO THE FEDERAL ACT AND HAZAR DOUS AIR9
	419	+	POLLUTANTS;10
	420	+	(II) I
	421	+	NVESTIGATE THE REGULATORY FRAMEWORK GOVERNING11
	422	+	PETROLEUM REFINERIES IN OTHER STATES AND AT THE FEDERAL LEVEL ;12
	423	+	(III) I
	424	+	DENTIFY BEST PRACTICES AND TECHNOLOGIES FOR13
	425	+	MINIMIZING EMISSIONS FROM PETROLEUM REFINERIES ; AND14
	426	+	(IV) D
	427	+	ETERMINE ACTIONS NEEDED TO REDUCE EMISSIONS ,15
	428	+	INCLUDING THE POTENTIAL FOR DEVELOPING A SPECIFIC PETROLEUM16
	429	+	REFINERY RULE. IF THE DIVISION DEEMS IT APPROPRIATE, THE DIVISION17
	430	+	SHALL PROPOSE A RULE SPECIFICALLY BASED ON THE EXPERT 'S18
	431	+	ASSESSMENT ON OR BEFORE JULY 1, 2026.19
	432	+	(c) N
	433	+	OTWITHSTANDING THE TIMELINE SET FORTH IN SUBSECTION20
	434	+	(1)(b)(IV)
	435	+	OF THIS
	436	+	SECTION AND NOTWITHSTANDING ANY EXISTING21
	437	+	AUTHORITY THAT THE COMMISSION HAS UNDER THE LAW , THE22
	438	+	COMMISSION MAY ADOPT , AND THE DIVISION MAY PROPOSE , A RULE23
	439	+	ESTABLISHING A PETROLEUM REFINERY CONTROL REGULATION AT ANY24
	440	+	TIME.25
	441	+	(2) (a) O
	442	+	N AND AFTER JANUARY 1, 2025, A PETROLEUM REFINERY26
	443	+	IN THE STATE SHALL DISSEMINATE TO THE DIVISION , IN REAL TIME27
	444	+	1338
	445	+	-12- THROUGH AN APPLICATION PROGRAMMING INTERFACE , PUSH DATA1
	446	+	GATHERED THROUGH :2
	447	+	(I) C
	448	+	ONTINUOUS EMISSION MONITORING SYSTEMS AND3
	449	+	CONTINUOUS MONITORING SYSTEMS REQUIRED UNDER STATE OR FEDERAL4
	450	+	LAW;5
	451	+	(II) F
	452	+	ENCELINE MONITORING SYSTEMS AS REQUIRED UNDER6
	453	+	SECTION 25-7-141 (5);7
	454	+	(III) C
	455	+	OMMUNITY-BASED MONITORING REQUIRED UNDER SECTION8
	456	+	25-7-141
	457	+	(6); AND9
	458	+	(IV) C
	459	+	OMPLIANCE WITH A STATE-ISSUED COMPLIANCE ORDER.10
	460	+	(b) T
	461	+	HE DATA DISSEMINATED TO THE DIVISION PURSUANT TO11
	462	+	SUBSECTION (2)(a) OF THIS SECTION MUST BE PROVIDED THROUGH THE12
	463	+	PUSH IN A ONE-MINUTE AVERAGED RESOLUTION .13
	464	+	(c) T
	465	+	HE DIVISION SHALL DETERMINE THE FORMAT BY WHICH A14
	466	+	PETROLEUM REFINERY MUST TRANSMIT THE DATA TO THE DIVISION .15
	467	+	(3) (a) O
	468	+	N OR BEFORE DECEMBER 31, 2024, A PETROLEUM16
	469	+	REFINERY SHALL
	470	+	INSTALL AND OPERATE AT LEAST SIX COMMUNITY -BASED17
	471	+	MONITORING SYSTEMS TO MONITOR , AT A MINIMUM, FOR:18
	472	+	(I) B
	473	+	ENZENE;19
	474	+	(II) T
	475	+	OLUENE;20
	476	+	(III) E
	477	+	THYLBENZENE;21
	478	+	(IV) X
	479	+	YLENE;22
	480	+	(V) C
	481	+	ARBON MONOXIDE;23
	482	+	(VI) N
	483	+	ITROGEN DIOXIDE;24
	484	+	(VII) PM
	485	+	2.5;25
	486	+	(VIII) H
	487	+	YDROGEN SULFIDE;26
	488	+	(IX) S
	489	+	ULFUR DIOXIDE;27
	490	+	1338
	491	+	-13- (X) TOTAL VOLATILE ORGANIC COMPOUNDS ;1
	492	+	(XI) T
	493	+	EMPERATURE;2
	494	+	(XII) R
	495	+	ELATIVE HUMIDITY;3
	496	+	(XIII) W
	497	+	IND SPEED; AND4
	498	+	(XIV) W
	499	+	IND DIRECTION.5
	500	+	(b) T
	501	+	HE COMMUNITY-BASED MONITORING SYSTEMS
	502	+	INSTALLED6
	503	+	AND OPERATED PURSUANT TO THIS SUBSECTION (3) MUST BE INSTALLED,7
	504	+	CERTIFIED, AND OPERATED IN ACCORDANCE WITH A PLAN DEVELOPED BY8
	505	+	THE DIVISION.9
	506	+	(4) A
	507	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE10
	508	+	REQUIRES:11
	509	+	(a) "A
	510	+	PPLICATION PROGRAMMING INTERFACE " MEANS A SET OF12
	511	+	RULES, PROTOCOLS, AND TOOLS THAT:13
	512	+	(I) E
	513	+	NABLE THE INTERACTION AND COMMUNICATION BETWEEN14
	514	+	SOFTWARE APPLICATIONS;15
	515	+	(II) S
	516	+	ERVE AS AN INTERMEDIARY THAT FACILITATES THE16
	517	+	EXCHANGE OF DATA, REQUESTS, AND COMMANDS BETWEEN DISTINCT17
	518	+	SOFTWARE SYSTEMS, ALLOWING THE DISTINCT SOFTWARE SYSTEMS TO18
	519	+	WORK TOGETHER SEAMLESSLY ; AND19
	520	+	(III) E
	521	+	NABLE THE DEVELOPMENT OF INTERCONNECTED AND20
	522	+	INTEROPERABLE APPLICATIONS.21
	523	+	(b) "C
	524	+	OMMUNITY-BASED MONITORING" HAS THE MEANING SET22
	525	+	FORTH IN SECTION 25-7-141 (2)(a).23
	526	+	(c) "C
	527	+	ONTINUOUS EMISSIONS MONITORING SYSTEM " MEANS THE24
	528	+	EQUIPMENT:25
	529	+	(I) R
	530	+	EQUIRED TO MEET THE DATA ACQUISITION AND AVAILABILITY26
	531	+	REQUIREMENTS SET FORTH IN A CONSTRUCTION PERMIT OR A RENEWABLE27
	532	+	1338
	533	+	-14- OPERATING PERMIT OR AS SET FORTH IN FEDERAL LAW ; AND1
	534	+	(II) T
	535	+	HAT IS USED TO SAMPLE ; CONDITION, IF APPLICABLE;2
	536	+	ANALYZE; AND PROVIDE A RECORD OF EMISSIONS ON A CONTINUOUS BASIS .3
	537	+	(d) "C
	538	+	ONTINUOUS MONITORING SYSTEM " MEANS A SET OF4
	539	+	INSTRUMENTS AND EQUIPMENT THAT IS DESIGNED TO CONTINUOUSLY5
	540	+	MEASURE AND RECORD VARIOUS PARAMETERS THAT MAY AFFECT6
	541	+	EMISSIONS OF AIR POLLUTANTS IN REAL TIME AND IS REQUIRED UNDER A7
	542	+	CONSTRUCTION PERMIT, A RENEWABLE OPERATING PERMIT , OR FEDERAL8
	543	+	LAW.9
	544	+	(e) "F
	545	+	ENCELINE MONITORING" HAS THE MEANING SET FORTH IN10
	546	+	SECTION 25-7-141 (2)(e).11
	547	+	(f) "P
	548	+	ETROLEUM REFINERY" MEANS A STATIONARY SOURCE12
	549	+	COVERED BY THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM13
	550	+	CODE 324110, AS ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT14
	551	+	AND BUDGET.15
	552	+	(g) "PM
	553	+	2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF16
	554	+	LESS THAN TWO AND ONE-HALF MICROMETERS.17
	555	+	(h) "P
	556	+	USH" MEANS, IN THE CONTEXT OF AN APPLICATION18
	557	+	PROGRAMMING INTERFACE , A MECHANISM BY WHICH A SERVER OR DATA19
	558	+	SOURCE PROACTIVELY SENDS INFORMATION OR UPDATES TO THE DIVISION20
	559	+	WITHOUT THE DIVISION EXPLICITLY REQUESTING THE INFORMATION .21
	560	+	(i) "R
	561	+	EAL TIME" MEANS THE INSTANTANEOUS OR22
	562	+	NEAR-INSTANTANEOUS PROVISION OF DATA , WITHOUT A DELAY OF MORE23
	563	+	THAN FIFTEEN MINUTES, TO ENSURE THAT DATA IS CONVEYED PROMPTLY24
	564	+	AND WITHOUT UNDUE LATENCY .25
	565	+	25-7-147. Rapid response inspection team. (1) T
	566	+	HE DIVISION26
	567	+	SHALL ESTABLISH A RAPID RESPONSE INSPECTION TEAM TO RESPOND27
	568	+	1338
	569	+	-15- QUICKLY TO AIR QUALITY COMPLAINTS FILED WITH THE DIVISION . THE1
	570	+	DIVISION SHALL HIRE AND DEVELOP A TEAM TO SERVE AS THE RAPID2
	571	+	RESPONSE INSPECTION TEAM.3
	572	+	(2) T
	573	+	HE RAPID RESPONSE INSPECTION TEAM SHALL DEVELOP4
	574	+	PROCESSES AND BEST PRACTICES FOR QUICKLY RESPONDING TO AIR5
	575	+	QUALITY COMPLAINTS FILED AND FOR GIVING PRIORITY TO AIR QUALITY6
	576	+	COMPLAINTS RELATED TO ADVERSE EFFECTS IN DISPROPORTIONATELY7
	577	+	IMPACTED COMMUNITIES OF THE STATE. THE RAPID RESPONSE TEAM SHALL8
	578	+	ALSO DEVELOP AND IMPLEMENT OUTREACH EFFORTS TO EDUCATE AND9
	579	+	ENGAGE WITH COMMUNITIES ABOUT EVENTS AND CONDITIONS THAT LEAD10
	580	+	TO EXCESS EMISSIONS WITHIN THE COMMUNITIES .
	581	+	THE RAPID RESPONSE11
	582	+	TEAM SHALL TRACK AND REPORT ON THE DIVISION 'S WEBSITE THE12
	583	+	NUMBER OF COMPLAINTS FILED AND POST WHAT, IF ANY, FORMAL13
	584	+	ENFORCEMENT ACTION WAS TAKEN AS A RESULT OF THE COMPLAINT .14
	585	+	(3) T
	586	+	HE RAPID RESPONSE INSPECTION TEAM SHALL NOT RESPOND15
	587	+	TO ANY ISSUE ARISING WITHIN THE BOUNDARIES OF THE SOUTHERN UTE16
	588	+	I
	589	+	NDIAN OR UTE MOUNTAIN UTE RESERVATION ABSENT THE EXPRESS17
	590	+	CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE . THE RAPID18
	591	+	RESPONSE INSPECTION TEAM SHALL REFER ANY COMPLAINT WITHIN THE19
	592	+	JURISDICTION OF THE SOUTHERN UTE INDIAN OR UTE MOUNTAIN UTE20
	593	+	TRIBE TO THE ENVIRONMENTAL PROGRAMS DEPARTMENT OF THE21
	594	+	RELEVANT TRIBE AND MAY RESPOND TO THE COMPLAINT ONLY WITH THE22
	595	+	EXPRESS CONSENT OF THE GOVERNING BODY OF THE AFFECTED TRIBE .23
46	596		SECTION
47		-	.
48		-	(e) "EPA'
49		-	S CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS "
50		-	MEANS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S
51		-	"CUMULATIVE IMPACTS RESEARCH: RECOMMENDATIONS FOR EPA'S OFFICE
52		-	OF
53		-	RESEARCH AND DEVELOPMENT", PUBLISHED ON SEPTEMBER 30, 2022.
54		-	(f) "F
55		-	INAL REPORT OF THE TASK FORCE" MEANS THE "FINAL REPORT
56		-	OF
57		-	RECOMMENDATIONS" PUBLISHED BY THE TASK FORCE ON NOVEMBER 14,
58		-	2022.
59		-	(g) "L
60		-	OCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY
61		-	CITY
62		-	, TOWN, CITY AND COUNTY, OR COUNTY.
63		-	(h) "O
64		-	FFICE OF ENVIRONMENTAL JUSTICE" OR "OFFICE" MEANS THE
65		-	OFFICE OF ENVIRONMENTAL JUSTICE CREATED IN SECTION
66		-	25-1-133.5 (1)(a).
67		-	(i) "T
68		-	ASK FORCE" MEANS THE ENVIRONMENTAL JUSTICE ACTION
69		-	TASK FORCE CREATED BY THE GENERAL ASSEMBLY IN
70		-	2021 THROUGH THE
71		-	ENACTMENT OF
72		-	HOUSE BILL 21-1266.
73		-	(2) T
74		-	HE DEPARTMENT SHALL SELECT ONE OR MORE CONTRACTORS TO
75		-	DEVELOP TWO OR MORE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
76		-	ANALYSES FOR THE STATE
77		-	. EACH EECIA:
78		-	(a) M
79		-	UST COVER A GEOGRAPHIC AREA OF THE STATE THAT INCLUDES
80		-	A GROUP OF MOSTLY CONTIGUOUS CENSUS BLOCK GROUPS AND OTHER
81		-	SURROUNDING AREAS THAT MEET THE DEFINITION OF DISPROPORTIONATELY
82		-	IMPACTED COMMUNITIES
83		-	;
84		-	PAGE 2-HOUSE BILL 24-1338 (b) MAY BE CONDUCTED FOR A COMMUNITY LOCATED ON THE UTE
85		-	MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION ONLY IF
86		-	REQUESTED BY THE GOVERNING BODY OF THE AFFECTED TRIBE AND
87		-	FOLLOWING CONSULTATION WITH AND APPROVAL BY THE GOVERNING BODY
88		-	;
89		-	(c) O
90		-	NCE DEVELOPED, MAY BE USED BY ANY STATE AGENCY FOR THE
91		-	PURPOSE OF ANALYZING CUMULATIVE IMPACTS
92		-	;
93		-	(d) M
94		-	UST PERFORM A SCIENTIFICALLY RIGOROUS ANALYSIS THAT
95		-	INCLUDES MOST OF THE COMPONENTS RECOMMENDED IN THE FINAL REPORT
96		-	OF THE TASK FORCE
97		-	, AS REFLECTED ON PAGES THIRTEEN THROUGH FIFTEEN
98		-	OF THE FINAL REPORT OF THE TASK FORCE
99		-	;
100		-	(e) S
101		-	HOULD IDENTIFY KEY PROBLEMS AND INDICATORS OF
102		-	CUMULATIVE IMPACTS AND HOW THOSE PROBLEMS AND INDICATORS CAN BE
103		-	AVOIDED
104		-	, MINIMIZED, AND MITIGATED, BUT SHOULD NOT RECOMMEND
105		-	SOLUTIONS TO INDIVIDUAL AGENCIES
106		-	; AND
107		-	(f) SHOULD EMPOWER AGENCIES AND LOCAL GOVERNMENTS TO
108		-	SCORE
109		-	, EVALUATE, OR COMPARE ALTERNATIVE MITIGATION OPTIONS
110		-	PROPOSED FOR FUTURE PROJECTS TO ENSURE THAT THE FUTURE PROJECTS
111		-	ARE EFFECTIVE WHILE CONSIDERING POTENTIAL UNINTENDED
112		-	CONSEQUENCES
113		-	.
114		-	(3) (a) T
115		-	HE OFFICE OF ENVIRONMENTAL JUSTICE SHALL SELECT
116		-	LOCATIONS FOR THE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
117		-	ANALYSES AND OVERSEE THE DEPARTMENT
118		-	'S SELECTION OF A CONTRACTOR
119		-	PURSUANT TO SUBSECTION
120		-	(2) OF THIS SECTION.
121		-	(b) B
122		-	Y A DEADLINE DETERMINED BY THE OFFICE AND POSTED
123		-	CONSPICUOUSLY ON THE DEPARTMENT
124		-	'S WEBSITE, A LOCAL GOVERNMENT,
125		-	A GROUP OF LOCAL GOVERNMENTS , AN ELECTED OFFICIAL, THE GOVERNING
126		-	BODY OF AN AFFECTED TRIBE FOR ANY REQUEST WITHIN THE BOUNDARIES OF
127		-	THE
128		-	UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION, A
129		-	NONPROFIT ORGANIZATION
130		-	, OR ANY OTHER INTERESTED PERSON MAY SUBMIT
131		-	A FORMAL WRITTEN REQUEST TO THE OFFICE TO SELECT A LOCATION FOR AN
132		-	EECIA. IN SELECTING THE LOCATIONS FOR THE EECIAS, THE OFFICE SHALL:
133		-	(I) P
134		-	RIORITIZE LOCATIONS THAT:
135		-	PAGE 3-HOUSE BILL 24-1338 (A) ARE MOST IMPACTED BY ENVIRONMENTAL CONTAMINANTS ;
136		-	(B) H
137		-	AVE THE POTENTIAL FOR WIDESPREAD HUMAN EXPOSURE TO
138		-	THE ENVIRONMENTAL CONTAMINANTS
139		-	; AND
140		-	(C) INCLUDE A GREATER PROPORTION OF INDIVIDUALS WITH
141		-	HEIGHTENED VULNERABILITY TO THE ENVIRONMENTAL CONTAMINANTS
142		-	;
143		-	(II) U
144		-	SE THE COLORADO ENVIROSCREEN TOOL TO HELP PRIORITIZE
145		-	LOCATIONS WITH DISPROPORTIONATE ENVIRONMENTAL HEALTH BURDENS
146		-	;
147		-	AND
148		-	(III) SEEK INPUT FROM VARIOUS GROUPS OF INTERESTED
149		-	STAKEHOLDERS IN THE SELECTION PROCESS
150		-	.
151		-	(c) I
152		-	N SELECTING THE CONTRACTOR FOR AN EECIA LOCATION
153		-	SELECTED PURSUANT TO SUBSECTION
154		-	(3)(b) OF THIS SECTION, THE OFFICE
155		-	SHALL
156		-	:
157		-	(I) B
158		-	E TRANSPARENT WITH REGARD TO ANY SELECTION CRITERIA
159		-	USED IN THE SELECTION PROCESS
160		-	;
161		-	(II) E
162		-	NGAGE STAKEHOLDERS FOR FEEDBACK ON HOW TO DESIGN THE
163		-	SELECTION PROCESS
164		-	; AND
165		-	(III) FOR AN EECIA STUDYING ANY LANDS WITHIN THE BOUNDARIES
166		-	OF THE
167		-	UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION,
168		-	CONSULT WITH THE GOVERNING BODY OF THE AFFECTED TRIBE AND SELECT
169		-	A CONTRACTOR ONLY WITH THE GOVERNING BODY
170		-	'S CONSENT.
171		-	(4) (a) I
172		-	N DEVELOPING THE ENVIRONMENTAL EQUITY AND
173		-	CUMULATIVE IMPACT ANALYSES
174		-	, A CONTRACTOR SELECTED PURSUANT TO
175		-	SUBSECTION
176		-	(2) OF THIS SECTION SHALL, WITH INPUT FROM INTERESTED
177		-	STAKEHOLDERS
178		-	, SET TIMELINES AND MILESTONES FOR COMPLETION OF AN
179		-	EECIA AND SUBMIT THE PROPOSED TIMELINES AND MILESTONES TO THE
180		-	OFFICE FOR REVIEW AND APPROVAL
181		-	.
182		-	(b) T
183		-	HE OFFICE SHALL POST IN A CONSPICUOUS LOCATION ON THE
184		-	DEPARTMENT
185		-	'S PUBLIC-FACING WEBSITE THE APPROVED TIMELINES AND
186		-	MILESTONES FOR EACH CONTRACTOR TO COMPLETE AN
187		-	EECIA AND
188		-	PAGE 4-HOUSE BILL 24-1338 PERIODICALLY POST UPDATES ON WHETHER EACH CONTRACTOR HAS MET THE
189		-	TIMELINES AND MILESTONES
190		-	.
191		-	(5) A
192		-	CONTRACTOR SELECTED PURSUANT TO SUBSECTION (3)(c) OF
193		-	THIS SECTION SHALL
194		-	:
195		-	(a) W
196		-	ITH OVERSIGHT FROM THE OFFICE , REVIEW EXISTING
197		-	CUMULATIVE IMPACT ANALYSIS FRAMEWORKS SUCH AS THE
198		-	EPA'S
199		-	CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS OR FRAMEWORKS FROM
200		-	OTHER STATES OR JURISDICTIONS
201		-	;
202		-	(b) E
203		-	STABLISH A PROCESS FOR INTERESTED STAKEHOLDERS TO
204		-	SUBMIT INPUT REGARDING AN
205		-	EECIA AND FOR THE CONTRACTOR TO REVIEW
206		-	ANY INPUT SUBMITTED
207		-	;
208		-	(c) E
209		-	XTENSIVELY ENGAGE INTERESTED STAKEHOLDERS AND THE
210		-	OFFICE THROUGHOUT THE
211		-	EECIA DEVELOPMENT PROCESS; AND
212		-	(d) ENSURE THAT AN EECIA IS CRAFTED TO BE COMPREHENSIBLE,
213		-	EASY TO UTILIZE, AND ACCESSIBLE. AS USED IN THIS SUBSECTION (5)(d),
214		-	"
215		-	ACCESSIBLE" INCLUDES ENSURING THAT THE DATA SUPPORTING AN EECIA
216		-	IS TRANSPARENT, TRANSLATED FROM ENGLISH INTO THE TWO MOST
217		-	PREVALENT OTHER LANGUAGES SPOKEN IN THE RELE VANT COMMUNITY
218		-	, AND
219		-	MADE READILY AVAILABLE TO COMMUNITIES
220		-	.
221		-	(6) (a) E
222		-	XCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS SECTION,
223		-	THE DEPARTMENT MAY SOLICIT , ACCEPT, AND EXPEND GIFTS, GRANTS, OR
224		-	DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO HELP FINANCE THE
225		-	DEVELOPMENT OF ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
226		-	ANALYSES PURSUANT TO THIS SECTION
227		-	.
228		-	(b) T
229		-	HE DEPARTMENT SHALL NOT ACCEPT GIFTS , GRANTS, OR
230		-	DONATIONS FROM INDUSTRY INTERESTS
231		-	. AS USED IN THIS SUBSECTION (6)(b),
232		-	"
233		-	INDUSTRY INTEREST" MEANS AN ENTITY THAT CURRENTLY HOLDS OR THAT
234		-	APPLIED TO RECEIVE A PERMIT OR LICENSE FROM THE DIVISION OF
235		-	ADMINISTRATION OR THE HAZARDOUS MATERIALS AND WASTE
236		-	MANAGEMENT DIVISION
237		-	.
238		-	(7) (a) W
239		-	ITHIN NINE MONTHS AFTER COMPLETING THE FIRST EECIA,
240		-	THE DEPARTMENT SHALL PREPARE A REPORT REGARDING THE EECIA AND
241		-	PAGE 5-HOUSE BILL 24-1338 SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND
242		-	ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY
243		-	COMMITTEE
244		-	, OR THEIR SUCCESSOR COMMITTEES .
245		-	(b) T
246		-	HE REPORT MUST INCLUDE:
247		-	(I) R
248		-	ECOMMENDATIONS FOR IMPLEMENTING THE FINDINGS OF THE
249		-	EECIA; AND
250		-	(II) IDENTIFICATION OF ANY RESOURCES OR STEPS NECESSARY FOR
251		-	THE DEPARTMENT OR OTHER AGENCIES TO IMPLEMENT THE FINDINGS OF THE
252		-	EECIA ONCE THE EECIA IS DEVELOPED.
253		-	(c) I
254		-	N PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT
255		-	WITH
256		-	:
257		-	(I) T
258		-	HE COLORADO ENERGY OFFICE CREATED IN SECTION
259		-	24-38.5-101 (1);
260		-	(II) T
261		-	HE DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION
262		-	24-1-124 (1);
263		-	(III) T
264		-	HE DEPARTMENT OF AGRICULTURE CREATED IN SECTION
265		-	35-1-103;
266		-	(IV) T
267		-	HE PUBLIC UTILITIES COMMISSION CREATED IN SECTION
268		-	40-2-101 (1)(a);
269		-	(V) T
270		-	HE DEPARTMENT OF TRANSPORTATION CREATED IN SECTION
271		-	24-1-128.7 (1); AND
272		-	(VI) REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED
273		-	COMMUNITIES
274		-	.
275		-	SECTION 2. In Colorado Revised Statutes, add 25-1-133.5 as
276		-	follows:
277		-	25-1-133.5. Office of environmental justice - created - powers
278		-	and duties - definitions. (1) (a) T
279		-	HERE IS CREATED IN THE DEPARTMENT
280		-	THE OFFICE OF ENVIRONMENTAL JUSTICE
281		-	, THE HEAD OF WHICH IS THE
282		-	PAGE 6-HOUSE BILL 24-1338 DIRECTOR OF THE OFFICE, WHO SHALL BE APPOINTED BY THE EXECUTIVE
283		-	DIRECTOR OF THE DEPARTMENT AND MAY EMPLOY STAFF AS NECESSARY TO
284		-	CARRY OUT THE POWERS AND DUTIES OF THE OFFICE
285		-	. THE OFFICE IS A TYPE
286		-	2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND
287		-	PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT
288		-	.
289		-	(b) I
290		-	N CARRYING OUT ITS POWERS AND DUTIES , THE OFFICE MAY
291		-	COLLABORATE WITH THE ENVIRONMENTAL JUSTICE OMBUDSPERSON
292		-	APPOINTED PURSUANT TO SECTION
293		-	25-1-134 (1)(b), THE ENVIRONMENTAL
294		-	JUSTICE ADVISORY BOARD CREATED IN SECTION
295		-	25-1-134 (2)(a),
296		-	DISPROPORTIONATELY IMPACTED COMMUNITIES , LOCAL GOVERNMENTS ,
297		-	OTHER STATE AGENCIES , THE FEDERAL GOVERNMENT , AND OTHER
298		-	INTERESTED PARTIES
299		-	.
300		-	(2) T
301		-	HE OFFICE SHALL:
302		-	(a) I
303		-	NCREASE STATE GOVERNMENT ENGAGEMENT WITH AND
304		-	RESPONSIVENESS TO DISPROPORTIONATELY IMPACTED COMMUNITIES
305		-	;
306		-	(b) D
307		-	EVELOP AND MANAGE THE DEPARTMENT 'S ENVIRONMENTAL
308		-	JUSTICE GOALS
309		-	, METRICS, AND OBJECTIVES;
310		-	(c) W
311		-	ORK WITH THE ENVIRONMENTAL DIVISIONS WITHIN THE
312		-	DEPARTMENT
313		-	, THE ENVIRONMENTAL JUSTICE OMBUDSPERSON , AND THE
314		-	ENVIRONMENTAL JUSTICE ADVISORY BOARD TO IMPLEMENT STATUTORY
315		-	ENVIRONMENTAL JUSTICE MANDATES
316		-	, INCLUDING BENCHMARKS AND
317		-	TARGETS SET FORTH IN THE
318		-	"ENVIRONMENTAL JUSTICE ACT", AS ENACTED
319		-	IN
320		-	2021 BY HOUSE BILL 21-1266;
321		-	(d) W
322		-	ORK WITH THE DIVISION OF ADMINISTRATION TO IMPLEMENT
323		-	PART
324		-	10 OF ARTICLE 8 OF THIS TITLE 25 CONCERNING MOBILE HOME WATER
325		-	QUALITY BY LEADING COMMUNITY ENGAGEMENT EFFORTS WITH MOBILE
326		-	HOME PARK RESIDENTS
327		-	;
328		-	(e) C
329		-	OORDINATE ENVIRONMENTAL JUSTICE WORK WITHIN THE
330		-	DEPARTMENT AND WITH OTHER STATE AGENCIES AS WELL AS FEDERAL
331		-	,
332		-	LOCAL, AND TRIBAL GOVERNMENT PARTNERS ;
333		-	(f) A
334		-	DVANCE THE DEPARTMENT 'S LANGUAGE JUSTICE GOALS BY
335		-	PROVIDING TRANSLATION AND INTERPRETATION SERVICES FOR THE
336		-	PAGE 7-HOUSE BILL 24-1338 DEPARTMENT'S ENVIRONMENTAL DIVISIONS; AND
337		-	(g) IDENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES BASED
338		-	ON THE BEST
339		-	-AVAILABLE DATA AND SPATIAL ANALYSIS TECHNOLOGY ,
340		-	INCLUDING THE COLORADO ENVIROSCREEN TOOL.
341		-	(3) A
342		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
343		-	REQUIRES
344		-	:
345		-	(a) "C
346		-	OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET FORTH
347		-	IN SECTION
348		-	24-4-109 (5)(a)(II).
349		-	(b) "D
350		-	ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
351		-	MEANING SET FORTH IN SECTION
352		-	24-4-109 (2)(b)(II).
353		-	(c) "O
354		-	FFICE" MEANS THE OFFICE OF ENVIRONMENTAL JUSTICE
355		-	CREATED IN SUBSECTION
356		-	(1)(a) OF THIS SECTION.
357		-	SECTION 3. In Colorado Revised Statutes, 25-7-123.1, amend
358		-	(1)(b) as follows:
359		-	25-7-123.1. Statute of limitations - penalty assessment - criteria.
360		-	(1) (b) Without expanding the statute of limitations contained in subsection
361		-	(1)(a) of this section, any action commenced including
362		-	FOR the assessment
363		-	of civil penalties, pursuant to this article 7, except those commenced
364		-	pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that is not
365		-	commenced within eighteen months after the date upon which the division
366		-	discovers the alleged violation is time barred. For purposes of this section,
367		-	the division discovers the alleged violation when it learns of the alleged
368		-	violation or should have learned of the alleged violation by the exercise of
369		-	reasonable diligence, including by receipt of actual or constructive notice.
370		-	SECTION 4. In Colorado Revised Statutes, add 25-7-146 and
371		-	25-7-147 as follows:
372		-	25-7-146. Petroleum refinery pollution - assessment - monitoring
373		-	data - rules - definitions. (1) (a) O
374		-	N OR BEFORE JANUARY 1, 2025, THE
375		-	DIVISION SHALL HIRE AN EXPERT REGARDING AIR POLLUTION CONTROL
376		-	REGULATIONS FOR PETROLEUM REFINERIES
377		-	. THE PETROLEUM REFINERY
378		-	REGULATION EXPERT SHALL
379		-	:
380		-	PAGE 8-HOUSE BILL 24-1338 (I) ASSESS THE FEASIBILITY, COSTS, AND BENEFITS FOR THE DIVISION
381		-	TO PROPOSE TO THE COMMISSION A RULE ESTABLISHING A PETROLEUM
382		-	REFINERY CONTROL REGULATION
383		-	; AND
384		-	(II) ASSESS OTHER REGULATORY AND NONREGULATORY MEASURES .
385		-	(b) A
386		-	S PART OF THE ASSESSMENTS REQUIRED PURSUANT TO
387		-	SUBSECTION
388		-	(1)(a) OF THIS SECTION, THE PETROLEUM REFINERY
389		-	REGULATION EXPERT SHALL
390		-	:
391		-	(I) E
392		-	VALUATE THE IMPACT THAT PETROLEUM REFINERIES HAVE ON
393		-	AIR QUALITY IN THE STATE
394		-	, INCLUDING AN EVALUATION OF CRITERIA AIR
395		-	POLLUTANTS LISTED PURSUANT TO THE FEDERAL ACT AND HAZARDOUS AIR
396		-	POLLUTANTS
397		-	;
398		-	(II) I
399		-	NVESTIGATE THE REGULATORY FRAMEWORK GOVERNING
400		-	PETROLEUM REFINERIES IN OTHER STATES AND AT THE FEDERAL LEVEL
401		-	;
402		-	(III) I
403		-	DENTIFY BEST PRACTICES AND TECHNOLOGIES FOR MINIMIZING
404		-	EMISSIONS FROM PETROLEUM REFINERIES
405		-	; AND
406		-	(IV) DETERMINE ACTIONS NEEDED TO REDUCE EMISSIONS ,
407		-	INCLUDING THE POTENTIAL FOR DEVELOPING A SPECIFIC PETROLEUM
408		-	REFINERY RULE
409		-	. IF THE DIVISION DEEMS IT APPROPRIATE , THE DIVISION
410		-	SHALL PROPOSE A RULE SPECIFICALLY BASED ON THE EXPERT
411		-	'S ASSESSMENT
412		-	ON OR BEFORE
413		-	JULY 1, 2026.
414		-	(c) N
415		-	OTWITHSTANDING THE TIMELINE SET FORTH IN SUBSECTION
416		-	(1)(b)(IV) OF THIS SECTION AND NOTWITHSTANDING ANY EXISTING
417		-	AUTHORITY THAT THE COMMISSION HAS UNDER THE LAW
418		-	, THE COMMISSION
419		-	MAY ADOPT
420		-	, AND THE DIVISION MAY PROPOSE , A RULE ESTABLISHING A
421		-	PETROLEUM REFINERY CONTROL REGULATION AT ANY TIME
422		-	.
423		-	(2) (a) O
424		-	N AND AFTER JANUARY 1, 2025, A PETROLEUM REFINERY IN
425		-	THE STATE SHALL DISSEMINATE TO THE DIVISION
426		-	, IN REAL TIME THROUGH AN
427		-	APPLICATION PROGRAMMING INTERFACE
428		-	, PUSH DATA GATHERED THROUGH :
429		-	(I) C
430		-	ONTINUOUS EMISSION MONITORING SYSTEMS AND CONTINUOUS
431		-	MONITORING SYSTEMS REQUIRED UNDER STATE OR FEDERAL LAW
432		-	;
433		-	PAGE 9-HOUSE BILL 24-1338 (II) FENCELINE MONITORING SYSTEMS AS REQUIRED UNDER SECTION
434		-	25-7-141 (5);
435		-	(III) C
436		-	OMMUNITY-BASED MONITORING REQUIRED UNDER SECTION
437		-	25-7-141 (6); AND
438		-	(IV) COMPLIANCE WITH A STATE-ISSUED COMPLIANCE ORDER.
439		-	(b) T
440		-	HE DATA DISSEMINATED TO THE DIVISION PURSUANT TO
441		-	SUBSECTION
442		-	(2)(a) OF THIS SECTION MUST BE PROVIDED THROUGH THE PUSH
443		-	IN A ONE
444		-	-MINUTE AVERAGED RESOLUTION .
445		-	(c) T
446		-	HE DIVISION SHALL DETERMINE THE FORMAT BY WHICH A
447		-	PETROLEUM REFINERY MUST TRANSMIT THE DATA TO THE DIVISION
448		-	.
449		-	(3) (a) O
450		-	N OR BEFORE DECEMBER 31, 2024, A PETROLEUM REFINERY
451		-	SHALL INSTALL AND OPERATE AT LEAST SIX COMMUNITY
452		-	-BASED
453		-	MONITORING SYSTEMS TO MONITOR
454		-	, AT A MINIMUM, FOR:
455		-	(I) B
456		-	ENZENE;
457		-	(II) T
458		-	OLUENE;
459		-	(III) E
460		-	THYLBENZENE;
461		-	(IV) X
462		-	YLENE;
463		-	(V) C
464		-	ARBON MONOXIDE;
465		-	(VI) N
466		-	ITROGEN DIOXIDE;
467		-	(VII) PM
468		-	2.5;
469		-	(VIII) H
470		-	YDROGEN SULFIDE;
471		-	(IX) S
472		-	ULFUR DIOXIDE;
473		-	(X) T
474		-	OTAL VOLATILE ORGANIC COMPOUNDS ;
475		-	(XI) T
476		-	EMPERATURE;
477		-	PAGE 10-HOUSE BILL 24-1338 (XII) RELATIVE HUMIDITY;
478		-	(XIII) W
479		-	IND SPEED; AND
480		-	(XIV) WIND DIRECTION.
481		-	(b) T
482		-	HE COMMUNITY-BASED MONITORING SYSTEMS INSTALLED AND
483		-	OPERATED PURSUANT TO THIS SUBSECTION
484		-	(3) MUST BE INSTALLED ,
485		-	CERTIFIED, AND OPERATED IN ACCORDANCE WITH A PLAN DEVELOPED BY THE
486		-	DIVISION
487		-	.
488		-	(4) A
489		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
490		-	REQUIRES
491		-	:
492		-	(a) "A
493		-	PPLICATION PROGRAMMING INTERFACE " MEANS A SET OF
494		-	RULES
495		-	, PROTOCOLS, AND TOOLS THAT:
496		-	(I) E
497		-	NABLE THE INTERACTION AND COMMUNICATION BETWEEN
498		-	SOFTWARE APPLICATIONS
499		-	;
500		-	(II) S
501		-	ERVE AS AN INTERMEDIARY THAT FACILITATES THE EXCHANGE
502		-	OF DATA
503		-	, REQUESTS, AND COMMANDS BETWEEN DISTINCT SOFTWARE
504		-	SYSTEMS
505		-	, ALLOWING THE DISTINCT SOFTWARE SYSTEMS TO WORK TOGETHER
506		-	SEAMLESSLY
507		-	; AND
508		-	(III) ENABLE THE DEVELOPMENT OF INTERCONNECTED AND
509		-	INTEROPERABLE APPLICATIONS
510		-	.
511		-	(b) "C
512		-	OMMUNITY-BASED MONITORING" HAS THE MEANING SET FORTH
513		-	IN SECTION
514		-	25-7-141 (2)(a).
515		-	(c) "C
516		-	ONTINUOUS EMISSIONS MONITORING SYSTEM " MEANS THE
517		-	EQUIPMENT
518		-	:
519		-	(I) R
520		-	EQUIRED TO MEET THE DATA ACQUISITION AND AVAILABILITY
521		-	REQUIREMENTS SET FORTH IN A CONSTRUCTION PERMIT OR A RENEWABLE
522		-	OPERATING PERMIT OR AS SET FORTH IN FEDERAL LAW
523		-	; AND
524		-	(II) THAT IS USED TO SAMPLE; CONDITION, IF APPLICABLE; ANALYZE;
525		-	AND PROVIDE A RECORD OF EMISSIONS ON A CONTINUOUS BASIS .
526		-	PAGE 11-HOUSE BILL 24-1338 (d) "CONTINUOUS MONITORING SYSTEM " MEANS A SET OF
527		-	INSTRUMENTS AND EQUIPMENT THAT IS DESIGNED TO CONTINUOUSLY
528		-	MEASURE AND RECORD VARIOUS PARAMETERS THAT MAY AFFECT EMISSIONS
529		-	OF AIR POLLUTANTS IN REAL TIME AND IS REQUIRED UNDER A CONSTRUCTION
530		-	PERMIT
531		-	, A RENEWABLE OPERATING PERMIT , OR FEDERAL LAW.
532		-	(e) "F
533		-	ENCELINE MONITORING" HAS THE MEANING SET FORTH IN
534		-	SECTION
535		-	25-7-141 (2)(e).
536		-	(f) "P
537		-	ETROLEUM REFINERY" MEANS A STATIONARY SOURCE COVERED
538		-	BY THE
539		-	NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE 324110,
540		-	AS ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET .
541		-	(g) "PM
542		-	2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF LESS
543		-	THAN TWO AND ONE
544		-	-HALF MICROMETERS.
545		-	(h) "P
546		-	USH" MEANS, IN THE CONTEXT OF AN APPLICATION
547		-	PROGRAMMING INTERFACE
548		-	, A MECHANISM BY WHICH A SERVER OR DATA
549		-	SOURCE PROACTIVELY SENDS INFORMATION OR UPDATES TO THE DIVISION
550		-	WITHOUT THE DIVISION EXPLICITLY REQUESTING THE INFORMATION
551		-	.
552		-	(i) "R
553		-	EAL TIME" MEANS THE INSTANTANEOUS OR
554		-	NEAR
555		-	-INSTANTANEOUS PROVISION OF DATA , WITHOUT A DELAY OF MORE
556		-	THAN FIFTEEN MINUTES
557		-	, TO ENSURE THAT DATA IS CONVEYED PROMPTLY
558		-	AND WITHOUT UNDUE LATENCY
559		-	.
560		-	25-7-147. Rapid response inspection team. (1) T
561		-	HE DIVISION
562		-	SHALL ESTABLISH A RAPID RESPONSE INSPECTION TEAM TO RESPOND
563		-	QUICKLY TO AIR QUALITY COMPLAINTS FILED WITH THE DIVISION
564		-	. THE
565		-	DIVISION SHALL HIRE AND DEVELOP A TEAM TO SERVE AS THE RAPID
566		-	RESPONSE INSPECTION TEAM
567		-	.
568		-	(2) T
569		-	HE RAPID RESPONSE INSPECTION TEAM SHALL DEVELOP
570		-	PROCESSES AND BEST PRACTICES FOR QUICKLY RESPONDING TO AIR QUALITY
571		-	COMPLAINTS FILED AND FOR GIVING PRIORITY TO AIR QUALITY COMPLAINTS
572		-	RELATED TO ADVERSE EFFECTS IN DISPROPORTIONATELY IMPACTED
573		-	COMMUNITIES OF THE STATE
574		-	. THE RAPID RESPONSE TEAM SHALL ALSO
575		-	DEVELOP AND IMPLEMENT OUTREACH EFFORTS TO EDUCATE AND ENGAGE
576		-	WITH COMMUNITIES ABOUT EVENTS AND CONDITIONS THAT LEAD TO EXCESS
577		-	EMISSIONS WITHIN THE COMMUNITIES
578		-	. THE RAPID RESPONSE TEAM SHALL
579		-	PAGE 12-HOUSE BILL 24-1338 TRACK AND REPORT ON THE DIVISION 'S WEBSITE THE NUMBER OF
580		-	COMPLAINTS FILED AND POST WHAT
581		-	, IF ANY, FORMAL ENFORCEMENT ACTION
582		-	WAS TAKEN AS A RESULT OF THE COMPLAINT
583		-	.
584		-	(3) T
585		-	HE RAPID RESPONSE INSPECTION TEAM SHALL NOT RESPOND TO
586		-	ANY ISSUE ARISING WITHIN THE BOUNDARIES OF THE
587		-	SOUTHERN UTE INDIAN
588		-	OR
589		-	UTE MOUNTAIN UTE RESERVATION ABSENT THE EXPRESS CONSENT OF
590		-	THE GOVERNING BODY OF THE AFFECTED TRIBE
591		-	. THE RAPID RESPONSE
592		-	INSPECTION TEAM SHALL REFER ANY COMPLAINT WITHIN THE JURISDICTION
593		-	OF THE
594		-	SOUTHERN UTE INDIAN OR UTE MOUNTAIN UTE TRIBE TO THE
595		-	ENVIRONMENTAL PROGRAMS DEPARTMENT OF THE RELEVANT TRIBE AND
596		-	MAY RESPOND TO THE COMPLAINT ONLY WITH THE EXPRESS CONSENT OF THE
597		-	GOVERNING BODY OF THE AFFECTED TRIBE
598		-	.
599		-	SECTION 5. In Colorado Revised Statutes, 24-4-109, amend
600		-	(2)(b) introductory portion and (2)(b)(I) as follows:
601		-	24-4-109. State engagement of disproportionately impacted
602		-	communities - definitions. (2) Definitions. (b) As used in this section and
603		-	sections 25-1-133,
604		-	25-1-134 and 25-7-105 (1)(e), unless the context
605		-	otherwise requires:
606		-	(I) "Agency" means the air quality control commission created in
607		-	section 25-7-104 and, as used in this section and sections 25-1-133 and
608		-	25-1-134 SECTION 25-1-134, the water quality control commission created
609		-	in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that
610		-	apply to the water quality control commission are effective on July 1, 2023,
611		-	except for the portions requiring the water quality control commission to
612		-	effectuate the requirements of subsections (3)(b)(I), (3)(b)(II), (3)(b)(IV),
613		-	and (3)(b)(V) of this section, which apply to any rule-making proceedings
614		-	of the commission concerning the classifications and numeric standards for
615		-	the South Platte river basin, Laramie river basin, Republican river basin,
616		-	and Smoky Hill river basin that occur after June 8, 2022.
617		-	SECTION 6. Appropriation. (1) For the 2024-25 state fiscal year,
618		-	$1,829,087 is appropriated to the department of public health and
619		-	environment. This appropriation is from the general fund. To implement
620		-	this act, the department may use this appropriation as follows:
621		-	(a) $1,180,087 for use by the administration and support division for
622		-	PAGE 13-HOUSE BILL 24-1338 environmental justice program costs, which amount is based on an
623		-	assumption that the division will require an additional 2.0 FTE;
624		-	(b) $332,791 for use by the air pollution control division for
625		-	personal service related to stationary sources, which amount is based on an
626		-	assumption that the division will require an additional 2.5 FTE;
627		-	(c) $5,760 for use by the air pollution control division for operating
628		-	expenses related to stationary sources; and
629		-	(d) $310,449 for the purchase of legal services.
630		-	(2) For the 2024-25 state fiscal year, $310,449 is appropriated to the
631		-	department of law. This appropriation is from reappropriated funds received
632		-	from the department of public health and environment under subsection
633		-	(1)(d) of this section and is based on an assumption that the department of
634		-	law will require an additional 1.3 FTE. To implement this act, the
635		-	department of law may use this appropriation to provide legal services for
636		-	the department of public health and environment.
637		-	(3) Of the amount appropriated in subsection (1)(a) of this section,
638		-	any amount up to $959,310 not expended prior to July 1, 2025, is further
639		-	appropriated to the division through the 2028-29 state fiscal year for the
640		-	same purpose.
641		-	SECTION 7. Safety clause. The general assembly finds,
642		-	determines, and declares that this act is necessary for the immediate
643		-	preservation of the public peace, health, or safety or for appropriations for
644		-	PAGE 14-HOUSE BILL 24-1338 the support and maintenance of the departments of the state and state
645		-	institutions.
646		-	____________________________ ____________________________
647		-	Julie McCluskie Steve Fenberg
648		-	SPEAKER OF THE HOUSE PRESIDENT OF
649		-	OF REPRESENTATIVES THE SENATE
650		-	____________________________ ____________________________
651		-	Robin Jones Cindi L. Markwell
652		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
653		-	OF REPRESENTATIVES THE SENATE
654		-	APPROVED________________________________________
655		-	(Date and Time)
656		-	_________________________________________
657		-	Jared S. Polis
658		-	GOVERNOR OF THE STATE OF COLORADO
659		-	PAGE 15-HOUSE BILL 24-1338
	597	+	5. In Colorado Revised Statutes, 24-4-109, amend24
	598	+	(2)(b) introductory portion and (2)(b)(I) as follows:25
	599	+	24-4-109. State engagement of disproportionately impacted26
	600	+	communities - definitions. (2) Definitions. (b) As used in this section27
	601	+	1338
	602	+	-16- and sections 25-1-133, 25-1-134 and 25-7-105 (1)(e), unless the context1
	603	+	otherwise requires:2
	604	+	(I) "Agency" means the air quality control commission created in3
	605	+	section 25-7-104 and, as used in this section and sections 25-1-133 and4
	606	+	25-1-134 SECTION 25-1-134, the water quality control commission created5
	607	+	in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that6
	608	+	apply to the water quality control commission are effective on July 1,7
	609	+	2023, except for the portions requiring the water quality control8
	610	+	commission to effectuate the requirements of subsections (3)(b)(I),9
	611	+	(3)(b)(II), (3)(b)(IV), and (3)(b)(V) of this section, which apply to any10
	612	+	rule-making proceedings of the commission concerning the classifications11
	613	+	and numeric standards for the South Platte river basin, Laramie river12
	614	+	basin, Republican river basin, and Smoky Hill river basin that occur after13
	615	+	June 8, 2022.14
	616	+	SECTION 6. Appropriation. (1) For the 2024-25 state fiscal15
	617	+	year, $1,829,087 is appropriated to the department of public health and16
	618	+	environment. This appropriation is from the general fund. To implement17
	619	+	this act, the department may use this appropriation as follows:18
	620	+	(a) $1,180,087 for use by the administration and support division19
	621	+	for environmental justice program costs, which amount is based on an20
	622	+	assumption that the division will require an additional 2.0 FTE;21
	623	+	(b) $332,791 for use by the air pollution control division for22
	624	+	personal service related to stationary sources, which amount is based on23
	625	+	an assumption that the division will require an additional 2.5 FTE;24
	626	+	(c) $5,760 for use by the air pollution control division for25
	627	+	operating expenses related to stationary sources; and26
	628	+	(d) $310,449 for the purchase of legal services.27
	629	+	1338
	630	+	-17- (2) For the 2024-25 state fiscal year, $310,449 is appropriated to1
	631	+	the department of law. This appropriation is from reappropriated funds2
	632	+	received from the department of public health and environment under3
	633	+	subsection (1)(d) of this section and is based on an assumption that the4
	634	+	department of law will require an additional 1.3 FTE. To implement this5
	635	+	act, the department of law may use this appropriation to provide legal6
	636	+	services for the department of public health and environment.7
	637	+	(3) Of the amount appropriated in subsection (1)(a) of this section,8
	638	+	any amount up to $959,310 not expended prior to July 1, 2025, is further9
	639	+	appropriated to the division through the 2028-29 state fiscal year for the10
	640	+	same purpose.11
	641	+	SECTION 7. Safety clause. The general assembly finds,12
	642	+	determines, and declares that this act is necessary for the immediate13
	643	+	preservation of the public peace, health, or safety or for appropriations for14
	644	+	the support and maintenance of the departments of the state and state15
	645	+	institutions.16
	646	+	1338
	647	+	-18-