HOUSE BILL 24-1338
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Michaelson Jenet, Cutter, Danielson, Exum, Fields,
Gonzales, Jaquez Lewis, Kolker, Marchman, Priola, Rodriguez, Winter F.
C
ONCERNING MEASURES TO ADVANCE ENVIRONMENTAL JUSTICE BY
REDUCING CUMULATIVE IMPACTS OF AIR POLLUTION
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, repeal and reenact,
with amendments, 25-1-133 as follows:
25-1-133. Environmental equity and cumulative impact analyses
- selection of contractor - required components of analyses - selection
of locations - requirements for contractors - definitions - report. (1) A
S
USED IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET FORTH
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. IN SECTION 24-4-109 (5)(a)(II).
(b) "C
ONTRACTOR" MEANS AN ACADEMIC INSTITUTION OR OTHER
PARTY WITH WHICH THE DEPARTMENT CONTRACTS TO DEVELOP AN
EECIA.
(c) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(d) "E
NVIRONMENTAL EQUITY AND CUMULATIVE IMPACT ANALYSIS "
OR "EECIA" MEANS A CUMULATIVE IMPACT ANALYSIS FOR A SPECIFIC
GEOGRAPHIC AREA OF THE STATE DEVELOPED IN ACCORDANCE WITH THIS
SECTION
.
(e) "EPA'
S CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS "
MEANS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S
"CUMULATIVE IMPACTS RESEARCH: RECOMMENDATIONS FOR EPA'S OFFICE
OF
RESEARCH AND DEVELOPMENT", PUBLISHED ON SEPTEMBER 30, 2022.
(f) "F
INAL REPORT OF THE TASK FORCE" MEANS THE "FINAL REPORT
OF
RECOMMENDATIONS" PUBLISHED BY THE TASK FORCE ON NOVEMBER 14,
2022.
(g) "L
OCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY
CITY
, TOWN, CITY AND COUNTY, OR COUNTY.
(h) "O
FFICE OF ENVIRONMENTAL JUSTICE" OR "OFFICE" MEANS THE
OFFICE OF ENVIRONMENTAL JUSTICE CREATED IN SECTION
25-1-133.5 (1)(a).
(i) "T
ASK FORCE" MEANS THE ENVIRONMENTAL JUSTICE ACTION
TASK FORCE CREATED BY THE GENERAL ASSEMBLY IN
2021 THROUGH THE
ENACTMENT OF
HOUSE BILL 21-1266.
(2) T
HE DEPARTMENT SHALL SELECT ONE OR MORE CONTRACTORS TO
DEVELOP TWO OR MORE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
ANALYSES FOR THE STATE
. EACH EECIA:
(a) M
UST COVER A GEOGRAPHIC AREA OF THE STATE THAT INCLUDES
A GROUP OF MOSTLY CONTIGUOUS CENSUS BLOCK GROUPS AND OTHER
SURROUNDING AREAS THAT MEET THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITIES
;
PAGE 2-HOUSE BILL 24-1338 (b) MAY BE CONDUCTED FOR A COMMUNITY LOCATED ON THE UTE
MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION ONLY IF
REQUESTED BY THE GOVERNING BODY OF THE AFFECTED TRIBE AND
FOLLOWING CONSULTATION WITH AND APPROVAL BY THE GOVERNING BODY
;
(c) O
NCE DEVELOPED, MAY BE USED BY ANY STATE AGENCY FOR THE
PURPOSE OF ANALYZING CUMULATIVE IMPACTS
;
(d) M
UST PERFORM A SCIENTIFICALLY RIGOROUS ANALYSIS THAT
INCLUDES MOST OF THE COMPONENTS RECOMMENDED IN THE FINAL REPORT
OF THE TASK FORCE
, AS REFLECTED ON PAGES THIRTEEN THROUGH FIFTEEN
OF THE FINAL REPORT OF THE TASK FORCE
;
(e) S
HOULD IDENTIFY KEY PROBLEMS AND INDICATORS OF
CUMULATIVE IMPACTS AND HOW THOSE PROBLEMS AND INDICATORS CAN BE
AVOIDED
, MINIMIZED, AND MITIGATED, BUT SHOULD NOT RECOMMEND
SOLUTIONS TO INDIVIDUAL AGENCIES
; AND
(f) SHOULD EMPOWER AGENCIES AND LOCAL GOVERNMENTS TO
SCORE
, EVALUATE, OR COMPARE ALTERNATIVE MITIGATION OPTIONS
PROPOSED FOR FUTURE PROJECTS TO ENSURE THAT THE FUTURE PROJECTS
ARE EFFECTIVE WHILE CONSIDERING POTENTIAL UNINTENDED
CONSEQUENCES
.
(3) (a) T
HE OFFICE OF ENVIRONMENTAL JUSTICE SHALL SELECT
LOCATIONS FOR THE ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
ANALYSES AND OVERSEE THE DEPARTMENT
'S SELECTION OF A CONTRACTOR
PURSUANT TO SUBSECTION
(2) OF THIS SECTION.
(b) B
Y A DEADLINE DETERMINED BY THE OFFICE AND POSTED
CONSPICUOUSLY ON THE DEPARTMENT
'S WEBSITE, A LOCAL GOVERNMENT,
A GROUP OF LOCAL GOVERNMENTS , AN ELECTED OFFICIAL, THE GOVERNING
BODY OF AN AFFECTED TRIBE FOR ANY REQUEST WITHIN THE BOUNDARIES OF
THE
UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION, A
NONPROFIT ORGANIZATION
, OR ANY OTHER INTERESTED PERSON MAY SUBMIT
A FORMAL WRITTEN REQUEST TO THE OFFICE TO SELECT A LOCATION FOR AN
EECIA. IN SELECTING THE LOCATIONS FOR THE EECIAS, THE OFFICE SHALL:
(I) P
RIORITIZE LOCATIONS THAT:
PAGE 3-HOUSE BILL 24-1338 (A) ARE MOST IMPACTED BY ENVIRONMENTAL CONTAMINANTS ;
(B) H
AVE THE POTENTIAL FOR WIDESPREAD HUMAN EXPOSURE TO
THE ENVIRONMENTAL CONTAMINANTS
; AND
(C) INCLUDE A GREATER PROPORTION OF INDIVIDUALS WITH
HEIGHTENED VULNERABILITY TO THE ENVIRONMENTAL CONTAMINANTS
;
(II) U
SE THE COLORADO ENVIROSCREEN TOOL TO HELP PRIORITIZE
LOCATIONS WITH DISPROPORTIONATE ENVIRONMENTAL HEALTH BURDENS
;
AND
(III) SEEK INPUT FROM VARIOUS GROUPS OF INTERESTED
STAKEHOLDERS IN THE SELECTION PROCESS
.
(c) I
N SELECTING THE CONTRACTOR FOR AN EECIA LOCATION
SELECTED PURSUANT TO SUBSECTION
(3)(b) OF THIS SECTION, THE OFFICE
SHALL
:
(I) B
E TRANSPARENT WITH REGARD TO ANY SELECTION CRITERIA
USED IN THE SELECTION PROCESS
;
(II) E
NGAGE STAKEHOLDERS FOR FEEDBACK ON HOW TO DESIGN THE
SELECTION PROCESS
; AND
(III) FOR AN EECIA STUDYING ANY LANDS WITHIN THE BOUNDARIES
OF THE
UTE MOUNTAIN UTE OR SOUTHERN UTE INDIAN RESERVATION,
CONSULT WITH THE GOVERNING BODY OF THE AFFECTED TRIBE AND SELECT
A CONTRACTOR ONLY WITH THE GOVERNING BODY
'S CONSENT.
(4) (a) I
N DEVELOPING THE ENVIRONMENTAL EQUITY AND
CUMULATIVE IMPACT ANALYSES
, A CONTRACTOR SELECTED PURSUANT TO
SUBSECTION
(2) OF THIS SECTION SHALL, WITH INPUT FROM INTERESTED
STAKEHOLDERS
, SET TIMELINES AND MILESTONES FOR COMPLETION OF AN
EECIA AND SUBMIT THE PROPOSED TIMELINES AND MILESTONES TO THE
OFFICE FOR REVIEW AND APPROVAL
.
(b) T
HE OFFICE SHALL POST IN A CONSPICUOUS LOCATION ON THE
DEPARTMENT
'S PUBLIC-FACING WEBSITE THE APPROVED TIMELINES AND
MILESTONES FOR EACH CONTRACTOR TO COMPLETE AN
EECIA AND
PAGE 4-HOUSE BILL 24-1338 PERIODICALLY POST UPDATES ON WHETHER EACH CONTRACTOR HAS MET THE
TIMELINES AND MILESTONES
.
(5) A
CONTRACTOR SELECTED PURSUANT TO SUBSECTION (3)(c) OF
THIS SECTION SHALL
:
(a) W
ITH OVERSIGHT FROM THE OFFICE , REVIEW EXISTING
CUMULATIVE IMPACT ANALYSIS FRAMEWORKS SUCH AS THE
EPA'S
CUMULATIVE IMPACT ANALYSIS RECOMMENDATIONS OR FRAMEWORKS FROM
OTHER STATES OR JURISDICTIONS
;
(b) E
STABLISH A PROCESS FOR INTERESTED STAKEHOLDERS TO
SUBMIT INPUT REGARDING AN
EECIA AND FOR THE CONTRACTOR TO REVIEW
ANY INPUT SUBMITTED
;
(c) E
XTENSIVELY ENGAGE INTERESTED STAKEHOLDERS AND THE
OFFICE THROUGHOUT THE
EECIA DEVELOPMENT PROCESS; AND
(d) ENSURE THAT AN EECIA IS CRAFTED TO BE COMPREHENSIBLE,
EASY TO UTILIZE, AND ACCESSIBLE. AS USED IN THIS SUBSECTION (5)(d),
"
ACCESSIBLE" INCLUDES ENSURING THAT THE DATA SUPPORTING AN EECIA
IS TRANSPARENT, TRANSLATED FROM ENGLISH INTO THE TWO MOST
PREVALENT OTHER LANGUAGES SPOKEN IN THE RELE VANT COMMUNITY
, AND
MADE READILY AVAILABLE TO COMMUNITIES
.
(6) (a) E
XCEPT AS PROVIDED IN SUBSECTION (6)(b) OF THIS SECTION,
THE DEPARTMENT MAY SOLICIT , ACCEPT, AND EXPEND GIFTS, GRANTS, OR
DONATIONS FROM PRIVATE OR PUBLIC SOURCES TO HELP FINANCE THE
DEVELOPMENT OF ENVIRONMENTAL EQUITY AND CUMULATIVE IMPACT
ANALYSES PURSUANT TO THIS SECTION
.
(b) T
HE DEPARTMENT SHALL NOT ACCEPT GIFTS , GRANTS, OR
DONATIONS FROM INDUSTRY INTERESTS
. AS USED IN THIS SUBSECTION (6)(b),
"
INDUSTRY INTEREST" MEANS AN ENTITY THAT CURRENTLY HOLDS OR THAT
APPLIED TO RECEIVE A PERMIT OR LICENSE FROM THE DIVISION OF
ADMINISTRATION OR THE HAZARDOUS MATERIALS AND WASTE
MANAGEMENT DIVISION
.
(7) (a) W
ITHIN NINE MONTHS AFTER COMPLETING THE FIRST EECIA,
THE DEPARTMENT SHALL PREPARE A REPORT REGARDING THE EECIA AND
PAGE 5-HOUSE BILL 24-1338 SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND
ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES .
(b) T
HE REPORT MUST INCLUDE:
(I) R
ECOMMENDATIONS FOR IMPLEMENTING THE FINDINGS OF THE
EECIA; AND
(II) IDENTIFICATION OF ANY RESOURCES OR STEPS NECESSARY FOR
THE DEPARTMENT OR OTHER AGENCIES TO IMPLEMENT THE FINDINGS OF THE
EECIA ONCE THE EECIA IS DEVELOPED.
(c) I
N PREPARING THE REPORT, THE DEPARTMENT SHALL CONSULT
WITH
:
(I) T
HE COLORADO ENERGY OFFICE CREATED IN SECTION
24-38.5-101 (1);
(II) T
HE DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION
24-1-124 (1);
(III) T
HE DEPARTMENT OF AGRICULTURE CREATED IN SECTION
35-1-103;
(IV) T
HE PUBLIC UTILITIES COMMISSION CREATED IN SECTION
40-2-101 (1)(a);
(V) T
HE DEPARTMENT OF TRANSPORTATION CREATED IN SECTION
24-1-128.7 (1); AND
(VI) REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED
COMMUNITIES
.
SECTION 2. In Colorado Revised Statutes, add 25-1-133.5 as
follows:
25-1-133.5. Office of environmental justice - created - powers
and duties - definitions. (1) (a) T
HERE IS CREATED IN THE DEPARTMENT
THE OFFICE OF ENVIRONMENTAL JUSTICE
, THE HEAD OF WHICH IS THE
PAGE 6-HOUSE BILL 24-1338 DIRECTOR OF THE OFFICE, WHO SHALL BE APPOINTED BY THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT AND MAY EMPLOY STAFF AS NECESSARY TO
CARRY OUT THE POWERS AND DUTIES OF THE OFFICE
. THE OFFICE IS A TYPE
2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT
.
(b) I
N CARRYING OUT ITS POWERS AND DUTIES , THE OFFICE MAY
COLLABORATE WITH THE ENVIRONMENTAL JUSTICE OMBUDSPERSON
APPOINTED PURSUANT TO SECTION
25-1-134 (1)(b), THE ENVIRONMENTAL
JUSTICE ADVISORY BOARD CREATED IN SECTION
25-1-134 (2)(a),
DISPROPORTIONATELY IMPACTED COMMUNITIES , LOCAL GOVERNMENTS ,
OTHER STATE AGENCIES , THE FEDERAL GOVERNMENT , AND OTHER
INTERESTED PARTIES
.
(2) T
HE OFFICE SHALL:
(a) I
NCREASE STATE GOVERNMENT ENGAGEMENT WITH AND
RESPONSIVENESS TO DISPROPORTIONATELY IMPACTED COMMUNITIES
;
(b) D
EVELOP AND MANAGE THE DEPARTMENT 'S ENVIRONMENTAL
JUSTICE GOALS
, METRICS, AND OBJECTIVES;
(c) W
ORK WITH THE ENVIRONMENTAL DIVISIONS WITHIN THE
DEPARTMENT
, THE ENVIRONMENTAL JUSTICE OMBUDSPERSON , AND THE
ENVIRONMENTAL JUSTICE ADVISORY BOARD TO IMPLEMENT STATUTORY
ENVIRONMENTAL JUSTICE MANDATES
, INCLUDING BENCHMARKS AND
TARGETS SET FORTH IN THE
"ENVIRONMENTAL JUSTICE ACT", AS ENACTED
IN
2021 BY HOUSE BILL 21-1266;
(d) W
ORK WITH THE DIVISION OF ADMINISTRATION TO IMPLEMENT
PART
10 OF ARTICLE 8 OF THIS TITLE 25 CONCERNING MOBILE HOME WATER
QUALITY BY LEADING COMMUNITY ENGAGEMENT EFFORTS WITH MOBILE
HOME PARK RESIDENTS
;
(e) C
OORDINATE ENVIRONMENTAL JUSTICE WORK WITHIN THE
DEPARTMENT AND WITH OTHER STATE AGENCIES AS WELL AS FEDERAL
,
LOCAL, AND TRIBAL GOVERNMENT PARTNERS ;
(f) A
DVANCE THE DEPARTMENT 'S LANGUAGE JUSTICE GOALS BY
PROVIDING TRANSLATION AND INTERPRETATION SERVICES FOR THE
PAGE 7-HOUSE BILL 24-1338 DEPARTMENT'S ENVIRONMENTAL DIVISIONS; AND
(g) IDENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES BASED
ON THE BEST
-AVAILABLE DATA AND SPATIAL ANALYSIS TECHNOLOGY ,
INCLUDING THE COLORADO ENVIROSCREEN TOOL.
(3) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
OLORADO ENVIROSCREEN TOOL" HAS THE MEANING SET FORTH
IN SECTION
24-4-109 (5)(a)(II).
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(c) "O
FFICE" MEANS THE OFFICE OF ENVIRONMENTAL JUSTICE
CREATED IN SUBSECTION
(1)(a) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, 25-7-123.1, amend
(1)(b) as follows:
25-7-123.1. Statute of limitations - penalty assessment - criteria.
(1) (b) Without expanding the statute of limitations contained in subsection
(1)(a) of this section, any action commenced including
FOR the assessment
of civil penalties, pursuant to this article 7, except those commenced
pursuant to section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), that is not
commenced within eighteen months after the date upon which the division
discovers the alleged violation is time barred. For purposes of this section,
the division discovers the alleged violation when it learns of the alleged
violation or should have learned of the alleged violation by the exercise of
reasonable diligence, including by receipt of actual or constructive notice.
SECTION 4. In Colorado Revised Statutes, add 25-7-146 and
25-7-147 as follows:
25-7-146. Petroleum refinery pollution - assessment - monitoring
data - rules - definitions. (1) (a) O
N OR BEFORE JANUARY 1, 2025, THE
DIVISION SHALL HIRE AN EXPERT REGARDING AIR POLLUTION CONTROL
REGULATIONS FOR PETROLEUM REFINERIES
. THE PETROLEUM REFINERY
REGULATION EXPERT SHALL
:
PAGE 8-HOUSE BILL 24-1338 (I) ASSESS THE FEASIBILITY, COSTS, AND BENEFITS FOR THE DIVISION
TO PROPOSE TO THE COMMISSION A RULE ESTABLISHING A PETROLEUM
REFINERY CONTROL REGULATION
; AND
(II) ASSESS OTHER REGULATORY AND NONREGULATORY MEASURES .
(b) A
S PART OF THE ASSESSMENTS REQUIRED PURSUANT TO
SUBSECTION
(1)(a) OF THIS SECTION, THE PETROLEUM REFINERY
REGULATION EXPERT SHALL
:
(I) E
VALUATE THE IMPACT THAT PETROLEUM REFINERIES HAVE ON
AIR QUALITY IN THE STATE
, INCLUDING AN EVALUATION OF CRITERIA AIR
POLLUTANTS LISTED PURSUANT TO THE FEDERAL ACT AND HAZARDOUS AIR
POLLUTANTS
;
(II) I
NVESTIGATE THE REGULATORY FRAMEWORK GOVERNING
PETROLEUM REFINERIES IN OTHER STATES AND AT THE FEDERAL LEVEL
;
(III) I
DENTIFY BEST PRACTICES AND TECHNOLOGIES FOR MINIMIZING
EMISSIONS FROM PETROLEUM REFINERIES
; AND
(IV) DETERMINE ACTIONS NEEDED TO REDUCE EMISSIONS ,
INCLUDING THE POTENTIAL FOR DEVELOPING A SPECIFIC PETROLEUM
REFINERY RULE
. IF THE DIVISION DEEMS IT APPROPRIATE , THE DIVISION
SHALL PROPOSE A RULE SPECIFICALLY BASED ON THE EXPERT
'S ASSESSMENT
ON OR BEFORE
JULY 1, 2026.
(c) N
OTWITHSTANDING THE TIMELINE SET FORTH IN SUBSECTION
(1)(b)(IV) OF THIS SECTION AND NOTWITHSTANDING ANY EXISTING
AUTHORITY THAT THE COMMISSION HAS UNDER THE LAW
, THE COMMISSION
MAY ADOPT
, AND THE DIVISION MAY PROPOSE , A RULE ESTABLISHING A
PETROLEUM REFINERY CONTROL REGULATION AT ANY TIME
.
(2) (a) O
N AND AFTER JANUARY 1, 2025, A PETROLEUM REFINERY IN
THE STATE SHALL DISSEMINATE TO THE DIVISION
, IN REAL TIME THROUGH AN
APPLICATION PROGRAMMING INTERFACE
, PUSH DATA GATHERED THROUGH :
(I) C
ONTINUOUS EMISSION MONITORING SYSTEMS AND CONTINUOUS
MONITORING SYSTEMS REQUIRED UNDER STATE OR FEDERAL LAW
;
PAGE 9-HOUSE BILL 24-1338 (II) FENCELINE MONITORING SYSTEMS AS REQUIRED UNDER SECTION
25-7-141 (5);
(III) C
OMMUNITY-BASED MONITORING REQUIRED UNDER SECTION
25-7-141 (6); AND
(IV) COMPLIANCE WITH A STATE-ISSUED COMPLIANCE ORDER.
(b) T
HE DATA DISSEMINATED TO THE DIVISION PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION MUST BE PROVIDED THROUGH THE PUSH
IN A ONE
-MINUTE AVERAGED RESOLUTION .
(c) T
HE DIVISION SHALL DETERMINE THE FORMAT BY WHICH A
PETROLEUM REFINERY MUST TRANSMIT THE DATA TO THE DIVISION
.
(3) (a) O
N OR BEFORE DECEMBER 31, 2024, A PETROLEUM REFINERY
SHALL INSTALL AND OPERATE AT LEAST SIX COMMUNITY
-BASED
MONITORING SYSTEMS TO MONITOR
, AT A MINIMUM, FOR:
(I) B
ENZENE;
(II) T
OLUENE;
(III) E
THYLBENZENE;
(IV) X
YLENE;
(V) C
ARBON MONOXIDE;
(VI) N
ITROGEN DIOXIDE;
(VII) PM
2.5;
(VIII) H
YDROGEN SULFIDE;
(IX) S
ULFUR DIOXIDE;
(X) T
OTAL VOLATILE ORGANIC COMPOUNDS ;
(XI) T
EMPERATURE;
PAGE 10-HOUSE BILL 24-1338 (XII) RELATIVE HUMIDITY;
(XIII) W
IND SPEED; AND
(XIV) WIND DIRECTION.
(b) T
HE COMMUNITY-BASED MONITORING SYSTEMS INSTALLED AND
OPERATED PURSUANT TO THIS SUBSECTION
(3) MUST BE INSTALLED ,
CERTIFIED, AND OPERATED IN ACCORDANCE WITH A PLAN DEVELOPED BY THE
DIVISION
.
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
PPLICATION PROGRAMMING INTERFACE " MEANS A SET OF
RULES
, PROTOCOLS, AND TOOLS THAT:
(I) E
NABLE THE INTERACTION AND COMMUNICATION BETWEEN
SOFTWARE APPLICATIONS
;
(II) S
ERVE AS AN INTERMEDIARY THAT FACILITATES THE EXCHANGE
OF DATA
, REQUESTS, AND COMMANDS BETWEEN DISTINCT SOFTWARE
SYSTEMS
, ALLOWING THE DISTINCT SOFTWARE SYSTEMS TO WORK TOGETHER
SEAMLESSLY
; AND
(III) ENABLE THE DEVELOPMENT OF INTERCONNECTED AND
INTEROPERABLE APPLICATIONS
.
(b) "C
OMMUNITY-BASED MONITORING" HAS THE MEANING SET FORTH
IN SECTION
25-7-141 (2)(a).
(c) "C
ONTINUOUS EMISSIONS MONITORING SYSTEM " MEANS THE
EQUIPMENT
:
(I) R
EQUIRED TO MEET THE DATA ACQUISITION AND AVAILABILITY
REQUIREMENTS SET FORTH IN A CONSTRUCTION PERMIT OR A RENEWABLE
OPERATING PERMIT OR AS SET FORTH IN FEDERAL LAW
; AND
(II) THAT IS USED TO SAMPLE; CONDITION, IF APPLICABLE; ANALYZE;
AND PROVIDE A RECORD OF EMISSIONS ON A CONTINUOUS BASIS .
PAGE 11-HOUSE BILL 24-1338 (d) "CONTINUOUS MONITORING SYSTEM " MEANS A SET OF
INSTRUMENTS AND EQUIPMENT THAT IS DESIGNED TO CONTINUOUSLY
MEASURE AND RECORD VARIOUS PARAMETERS THAT MAY AFFECT EMISSIONS
OF AIR POLLUTANTS IN REAL TIME AND IS REQUIRED UNDER A CONSTRUCTION
PERMIT
, A RENEWABLE OPERATING PERMIT , OR FEDERAL LAW.
(e) "F
ENCELINE MONITORING" HAS THE MEANING SET FORTH IN
SECTION
25-7-141 (2)(e).
(f) "P
ETROLEUM REFINERY" MEANS A STATIONARY SOURCE COVERED
BY THE
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM CODE 324110,
AS ESTABLISHED BY THE FEDERAL OFFICE OF MANAGEMENT AND BUDGET .
(g) "PM
2.5" MEANS PARTICULATE MATTER WITH A DIAMETER OF LESS
THAN TWO AND ONE
-HALF MICROMETERS.
(h) "P
USH" MEANS, IN THE CONTEXT OF AN APPLICATION
PROGRAMMING INTERFACE
, A MECHANISM BY WHICH A SERVER OR DATA
SOURCE PROACTIVELY SENDS INFORMATION OR UPDATES TO THE DIVISION
WITHOUT THE DIVISION EXPLICITLY REQUESTING THE INFORMATION
.
(i) "R
EAL TIME" MEANS THE INSTANTANEOUS OR
NEAR
-INSTANTANEOUS PROVISION OF DATA , WITHOUT A DELAY OF MORE
THAN FIFTEEN MINUTES
, TO ENSURE THAT DATA IS CONVEYED PROMPTLY
AND WITHOUT UNDUE LATENCY
.
25-7-147. Rapid response inspection team. (1) T
HE DIVISION
SHALL ESTABLISH A RAPID RESPONSE INSPECTION TEAM TO RESPOND
QUICKLY TO AIR QUALITY COMPLAINTS FILED WITH THE DIVISION
. THE
DIVISION SHALL HIRE AND DEVELOP A TEAM TO SERVE AS THE RAPID
RESPONSE INSPECTION TEAM
.
(2) T
HE RAPID RESPONSE INSPECTION TEAM SHALL DEVELOP
PROCESSES AND BEST PRACTICES FOR QUICKLY RESPONDING TO AIR QUALITY
COMPLAINTS FILED AND FOR GIVING PRIORITY TO AIR QUALITY COMPLAINTS
RELATED TO ADVERSE EFFECTS IN DISPROPORTIONATELY IMPACTED
COMMUNITIES OF THE STATE
. THE RAPID RESPONSE TEAM SHALL ALSO
DEVELOP AND IMPLEMENT OUTREACH EFFORTS TO EDUCATE AND ENGAGE
WITH COMMUNITIES ABOUT EVENTS AND CONDITIONS THAT LEAD TO EXCESS
EMISSIONS WITHIN THE COMMUNITIES
. THE RAPID RESPONSE TEAM SHALL
PAGE 12-HOUSE BILL 24-1338 TRACK AND REPORT ON THE DIVISION 'S WEBSITE THE NUMBER OF
COMPLAINTS FILED AND POST WHAT
, IF ANY, FORMAL ENFORCEMENT ACTION
WAS TAKEN AS A RESULT OF THE COMPLAINT
.
(3) T
HE RAPID RESPONSE INSPECTION TEAM SHALL NOT RESPOND TO
ANY ISSUE ARISING WITHIN THE BOUNDARIES OF THE
SOUTHERN UTE INDIAN
OR
UTE MOUNTAIN UTE RESERVATION ABSENT THE EXPRESS CONSENT OF
THE GOVERNING BODY OF THE AFFECTED TRIBE
. THE RAPID RESPONSE
INSPECTION TEAM SHALL REFER ANY COMPLAINT WITHIN THE JURISDICTION
OF THE
SOUTHERN UTE INDIAN OR UTE MOUNTAIN UTE TRIBE TO THE
ENVIRONMENTAL PROGRAMS DEPARTMENT OF THE RELEVANT TRIBE AND
MAY RESPOND TO THE COMPLAINT ONLY WITH THE EXPRESS CONSENT OF THE
GOVERNING BODY OF THE AFFECTED TRIBE
.
SECTION 5. In Colorado Revised Statutes, 24-4-109, amend
(2)(b) introductory portion and (2)(b)(I) as follows:
24-4-109. State engagement of disproportionately impacted
communities - definitions. (2) Definitions. (b) As used in this section and
sections 25-1-133,
25-1-134 and 25-7-105 (1)(e), unless the context
otherwise requires:
(I) "Agency" means the air quality control commission created in
section 25-7-104 and, as used in this section and sections 25-1-133 and
25-1-134 SECTION 25-1-134, the water quality control commission created
in section 25-8-201 (1)(a). The portions of this subsection (2)(b)(I) that
apply to the water quality control commission are effective on July 1, 2023,
except for the portions requiring the water quality control commission to
effectuate the requirements of subsections (3)(b)(I), (3)(b)(II), (3)(b)(IV),
and (3)(b)(V) of this section, which apply to any rule-making proceedings
of the commission concerning the classifications and numeric standards for
the South Platte river basin, Laramie river basin, Republican river basin,
and Smoky Hill river basin that occur after June 8, 2022.
SECTION 6. Appropriation. (1) For the 2024-25 state fiscal year,
$1,829,087 is appropriated to the department of public health and
environment. This appropriation is from the general fund. To implement
this act, the department may use this appropriation as follows:
(a) $1,180,087 for use by the administration and support division for
PAGE 13-HOUSE BILL 24-1338 environmental justice program costs, which amount is based on an
assumption that the division will require an additional 2.0 FTE;
(b) $332,791 for use by the air pollution control division for
personal service related to stationary sources, which amount is based on an
assumption that the division will require an additional 2.5 FTE;
(c) $5,760 for use by the air pollution control division for operating
expenses related to stationary sources; and
(d) $310,449 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $310,449 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection
(1)(d) of this section and is based on an assumption that the department of
law will require an additional 1.3 FTE. To implement this act, the
department of law may use this appropriation to provide legal services for
the department of public health and environment.
(3) Of the amount appropriated in subsection (1)(a) of this section,
any amount up to $959,310 not expended prior to July 1, 2025, is further
appropriated to the division through the 2028-29 state fiscal year for the
same purpose.
SECTION 7. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 14-HOUSE BILL 24-1338 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 15-HOUSE BILL 24-1338