Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-0791.01 Jery Payne x2157 SENATE BILL 24-095 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING MEASURES TO ADDRESS OZONE LEVELS IN AREAS THAT101 DO NOT MEET FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY102 STANDARDS.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 .) Sections 1 and 2 of the bill create a high-emitter vehicle program for owners of motor vehicles that are not in compliance with emission standards and that have been issued a certification of emissions waiver (qualified vehicle). If the owner of a qualified vehicle resides in a nonattainment area for ozone and has unsuccessfully attempted to have SENATE SPONSORSHIP Kirkmeyer, HOUSE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. the motor vehicle repaired to cure the noncompliance, the owner is eligible for a voucher of $850. The vouchers may be redeemed at qualified repair facilities that will bring the vehicle into compliance. The high-emitter vehicle program is funded by using up to 20% of the money in the AIR account in the highway users tax fund. The high-emitter vehicle program is administered by the nonattainment area air pollution mitigation enterprise, in coordination with the department of revenue, contractors that provide inspection services, and the clean screen authority. The high-emitter vehicle program repeals when Colorado meets federal ozone national ambient air quality standards (attainment). Section 3 requires the air quality control commission (commission) to create, in coordination with the lead agency for air quality planing for the Denver metropolitan area, a garden rebate program to increase the use of small electric motors used for outdoor power equipment. The program must: ! Provide a point-of-purchase rebate of the lesser of $150 or one-third of the price for each piece of outdoor power equipment purchased by the end user in a nonattainment area for ozone; ! Establish a registration system for qualified retailers; and ! Require the division to publicize the garden rebate program. The division of administration in the department of public health and environment (division) administers the garden rebate program, and the commission sets standards for qualified retailers to register for the program. If the garden rebate program exceeds its appropriation, the division may pause the program. The garden rebate program repeals January 1, 2030. Section 4 repeals the current tax credit for buying lawn and garden equipment with an electric motor. In current law, the clean fleet enterprise (enterprise) incentivizes and supports the use of electric motor vehicles for certain fleet uses, including transportation network companies. Sections 5 and 6: ! Expand the program to include light-duty trucks; ! Authorize the clean fleet enterprise to provide grants of up to 80% of a local government's cost of acquiring motor vehicles that emit low levels of nitrogen oxides for the local government to use in its motor vehicle fleet; and ! Require the enterprise to prioritize making grants to local governments. The grant program authorization and prioritization repeal December 31, 2029. Section 7 requires the division to regularly perform, in the nonattainment area for ozone, photochemical modeling studies and data analysis designed to determine ambient air ozone levels and the SB24-095 -2- effectiveness of policies for lowering ambient air ozone levels. The division is required to publish the results to the division's website and report the results to the commission and at its "SMART Act" hearing. Section 7 is repealed when Colorado achieves attainment. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 43-4-1304 as2 follows:3 43-4-1304. High-emitter vehicle program - vouchers - fund -4 definitions - repeal. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT5 OTHERWISE REQUIRES:6 (a) "A TTAINMENT" MEANS THE ATTAINMENT OF FEDERAL OZONE7 NATIONAL AMBIENT AIR QUALITY STANDARDS IN EACH AREA OF THE8 STATE, IN CONFORMITY WITH AND AS PROVIDED IN PART D OF THE9 FEDERAL "CLEAN AIR ACT", 42 U.S.C. SEC. 7401 ET SEQ., AS AMENDED.10 (b) "C LEAN SCREEN AUTHORITY" MEANS THE AUTHORITY CREATED11 PURSUANT TO SECTION 42-4-307.5.12 (c) "C LEAN SCREEN PROGRAM" HAS THE MEANING SET FORTH IN13 SECTION 42-4-304 (3.5).14 (d) "C ONTRACTOR" HAS THE MEANING SET FORTH IN SECTION15 42-4-304 (5).16 (e) "F UND" MEANS THE HIGH-EMITTER VEHICLE FUND CREATED IN17 SUBSECTION (6)(a) OF THIS SECTION.18 (f) "L IGHT-DUTY TRUCK" MEANS A SELF-PROPELLED TRUCK THAT19 IS DESIGNED FOR OPERATION ON THE ROAD AND THAT HAS A GROSS20 VEHICLE WEIGHT RATING OF TEN THOUSAND POUNDS OR LESS .21 (g) "P ASSENGER VEHICLE" MEANS A SELF-PROPELLED VEHICLE22 THAT IS DESIGNED FOR OPERATION ON THE ROAD AND THAT IS DESIGNED23 SB24-095-3- TO CARRY TWELVE OR FEWER PASSENGERS .1 (h) "P ROGRAM" MEANS THE HIGH-EMITTER VEHICLE PROGRAM2 CREATED IN THIS SECTION.3 (i) "Q UALIFIED VEHICLE" MEANS A VEHICLE THAT IS QUALIFIED4 FOR A VOUCHER IN ACCORDANCE WITH SUBSECTION (5) OF THIS SECTION.5 (j) "R EGISTERED REPAIR FACILITY OR TECHNICIAN " HAS THE6 MEANING SET FORTH IN SECTION 42-4-304 (21).7 (2) B Y JANUARY 1, 2025, THE ENTERPRISE SHALL DEVELOP A8 HIGH-EMITTER VEHICLE PROGRAM THAT PROVIDES INCENTIVES FOR AN9 OWNER TO VOLUNTARILY REPAIR A QUALIFIED VEHICLE IN ORDER TO10 REDUCE OZONE EMISSIONS . IN ADMINISTERING THE PROGRAM , THE11 ENTERPRISE MUST:12 (a) P ROVIDE A VOUCHER OF UP TO EIGHT HUNDRED FIFTY DOLLARS13 TO EACH OWNER OF A QUALIFIED VEHICLE TO BE REDEEMED BY A14 REGISTERED REPAIR FACILITY OR TECHNICIAN IN ORDER TO BRING THE15 QUALIFIED VEHICLE INTO COMPLIANCE WITH EMISSION STANDARDS ;16 (b) I DENTIFY QUALIFIED VEHICLES AND EACH QUALIFIED VEHICLE 'S17 OWNER AND PROVIDE THE OWNER WITH A VOUCHER AND INFORMATION18 ABOUT REGISTERED REPAIR FACILITIES AND TECHNICIANS ;19 (c) C OORDINATE WITH THE DEPARTMENT OF REVENUE , EACH20 CONTRACTOR, AND THE CLEAN SCREEN AUTHORITY TO IDENTIFY21 QUALIFIED VEHICLES AND TO PROVIDE A VOUCHER TO EACH QUALIFIED22 VEHICLE'S OWNER UPON A QUALIFIED VEHICLE BEING ISSUED A23 CERTIFICATION OF EMISSIONS WAIVER UNDER PART 3 OF ARTICLE 4 OF24 TITLE 42; AND25 (d) H OST EVENTS WHERE RESIDENTS CAN BRING A MOTOR VEHICLE26 TO RECEIVE AN EMISSIONS TEST USING THE CLEAN SCREEN PROGRAM .27 SB24-095 -4- (3) THE DEPARTMENT OF REVENUE , EACH CONTRACTOR, AND THE1 CLEAN SCREEN AUTHORITY SHALL COORDINATE WITH THE ENTERPRISE TO :2 (a) P ROVIDE REGISTERED REPAIR FACILITY AND TECHNICIAN3 INFORMATION TO THE ENTERPRISE AND FACILITATE THE REDEMPTION OF4 VOUCHERS THROUGH THE PROGRAM ;5 (b) P ROVIDE APPROPRIATE INFORMATION ABOUT QUALIFIED6 VEHICLES AND THEIR OWNERS TO THE ENTERPRISE WHILE PROTECTING THE7 VEHICLE OWNERS' PERSONAL IDENTIFYING INFORMATION ; AND8 (c) T AKE ACTIONS NECESSARY TO IMPLEMENT THIS SECTION .9 (4) T HE ENTERPRISE MAY INCREASE THE AMOUNT OF THE VOUCHER10 DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION BASED ON THE RATE OF11 INFLATION.12 (5) T O QUALIFY FOR A VOUCHER, A VEHICLE MUST:13 (a) B E A PASSENGER CAR OR LIGHT-DUTY TRUCK;14 (b) B E OWNED BY A PERSON WHO RESIDES OR IS PERMANENTLY15 LOCATED IN A NONATTAINMENT AREA FOR OZONE ;16 (c) (I) H AVE FAILED TO PASS EMISSIONS TESTING IN ACCORDANCE17 WITH PART 3 OF ARTICLE 4 OF TITLE 42; OR18 (II) H AVE BEEN IDENTIFIED AS HAVING ELEVATED OZONE19 EMISSIONS BY THE CLEAN SCREEN PROGRAM ;20 (d) H AVE BEEN REPAIRED IN ACCORDANCE WITH PART 3 OF21 ARTICLE 4 OF TITLE 42, BUT THE REPAIR DID NOT CURE THE FAILURE22 DESCRIBED IN SUBSECTION (5)(c) OF THIS SECTION; AND23 (e) H AVE BEEN ISSUED A CERTIFICATION OF EMISSIONS WAIVER IN24 ACCORDANCE WITH PART 3 OF ARTICLE 4 OF TITLE 42.25 (6) (a) T HE HIGH-EMITTER VEHICLE FUND IS CREATED IN THE STATE26 TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND27 SB24-095 -5- PURSUANT TO SECTION 42-3-304 (18)(e).1 (b) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND2 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE3 FUND TO THE FUND.4 (c) M ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE5 ENTERPRISE TO IMPLEMENT THIS SECTION .6 (d) O N THE LAST DAY OF THE MONTH , THE ENTERPRISE SHALL7 NOTIFY THE STATE TREASURER OF THE MONTH 'S REVENUES CREDITED TO8 THE FUND. IF THE LAST DAY OF THE MONTH FALLS ON A WEEKEND DAY OR9 HOLIDAY, THE ENTERPRISE NEED NOT SEND THE NOTICE UNTIL THE NEXT10 DAY THAT IS NOT A WEEKEND DAY OR HOLIDAY .11 (e) U PON RECEIVING THE NOTICE DESCRIBED IN SUBSECTION (7)(a)12 OF THIS SECTION, THE STATE TREASURER SHALL TRANSFER ALL13 UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND TO THE AIR14 ACCOUNT CREATED IN SECTION 42-3-304 (18)(a).15 (7) (a) W HEN COLORADO ACHIEVES ATTAINMENT , THE EXECUTIVE16 DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT17 SHALL NOTIFY THE ENTERPRISE AND THE STATE TREASURER IN WRITING .18 (b) T HIS SECTION WILL BE REPEALED IF COLORADO ACHIEVES19 ATTAINMENT. THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC20 HEALTH AND ENVIRONMENT SHALL NOTIFY THE REVISOR OF STATUTES IN21 WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN THIS22 SUBSECTION (7)(b) HAS OCCURRED BY E -MAILING THE NOTICE TO23 REVISOROFSTATUTES.GA@COLEG.GOV. THIS SECTION IS REPEALED ,24 EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT COLORADO25 HAS ACHIEVED ATTAINMENT OR , IF THE NOTICE DOES NOT SPECIFY THAT26 DATE, UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .27 SB24-095 -6- SECTION 2. In Colorado Revised Statutes, 42-3-304, add1 (18)(e) as follows:2 42-3-304. Registration fees - passenger-mile taxes - clean3 screen fund - pilot program - report - rules - definitions - repeal.4 (18) (e) (I) N OTWITHSTANDING SUBSECTIONS (18)(a), (18)(b), AND5 (18)(c) OF THIS SECTION, THE STATE TREASURER, UPON RECEIVING THE6 MONTHLY NOTICE DESCRIBED IN SECTION 43-4-1304 (6)(d), SHALL7 TRANSFER FROM THE AIR ACCOUNT, CREATED IN SUBSECTION (18)(a) OF8 THIS SECTION, TO THE HIGH-EMITTER VEHICLE FUND, CREATED IN SECTION9 43-4-1304 (6)(a), AN AMOUNT OF MONEY IN THE AIR ACCOUNT THAT IS10 THE LESSER OF:11 (A) T WENTY PERCENT OF THE TOTAL AMOUNT IN THE AIR12 ACCOUNT; OR13 (B) T HE TOTAL OF TEN PERCENT OF THE NONATTAINMENT AREA14 AIR POLLUTION MITIGATION ENTERPRISE'S REVENUES COLLECTED UNDER15 SECTION 43-4-1303 FOR THE MONTH OR , IF THE NOTICE IS FOR THE16 PREVIOUS MONTH, THE ENTERPRISE'S OTHER REVENUES FOR THE PREVIOUS17 MONTH, MINUS ANY GIFTS, GRANTS, OR DONATIONS RECEIVED UNDER18 SECTION 43-4-1303 (6)(e) DURING THE SAME MONTH .19 (II) T HIS SUBSECTION (18)(e) WILL BE REPEALED IF COLORADO20 ACHIEVES ATTAINMENT, AS DEFINED IN SECTION 42-4-1304 (1)(a). THE21 EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND22 ENVIRONMENT SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING OF23 THE DATE WHEN THE CONDITION SPECIFIED IN THIS SUBSECTION (18)(e)24 HAS OCCURRED BY E -MAILING THE NOTICE TO25 REVISOROFSTATUTES.GA@COLEG.GOV. THIS SECTION IS REPEALED ,26 EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT COLORADO27 SB24-095 -7- HAS ACHIEVED ATTAINMENT OR , IF THE NOTICE DOES NOT SPECIFY THAT1 DATE, UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .2 SECTION 3. In Colorado Revised Statutes, add 25-7-146 as3 follows:4 25-7-146. Garden rebate program - qualified retailers -5 registration - definitions - appropriation - repeal. (1) A S USED IN THIS6 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :7 (a) "A TTAINMENT" MEANS ATTAINMENT OF FEDERAL OZONE8 NATIONAL AMBIENT AIR QUALITY STANDARDS .9 (b) "N ONATTAINMENT AREA " MEANS AN AREA THAT IS NOT IN10 ATTAINMENT.11 (c) "O UTDOOR POWER EQUIPMENT " MEANS A LAWN MOWER, LEAF12 BLOWER, HEDGE TRIMMER, STRING TRIMMER, GARDEN TILLER, CHAINSAW,13 OR SNOWBLOWER.14 (d) "P ROGRAM" MEANS THE GARDEN REBATE PROGRAM CREATED15 BY THE COMMISSION PURSUANT TO SUBSECTION (2) OF THIS SECTION.16 (e) "Q UALIFIED RETAILER" MEANS A RETAILER THAT MEETS THE17 STANDARDS DESCRIBED IN SUBSECTION (3) OF THIS SECTION.18 (2) B Y JANUARY 1, 2025, THE COMMISSION SHALL CREATE , IN19 COORDINATION WITH THE LEAD AGENCY FOR AIR QUALITY PLANNING FOR20 THE DENVER METROPOLITAN AREA , A PROGRAM TO INCREASE THE USE OF21 SMALL ELECTRIC MOTORS USED FOR OUTDOOR POWER EQUIPMENT . THE22 PROGRAM IS ADMINISTERED BY THE DIVISION . THE PROGRAM MUST:23 (a) E STABLISH A REGISTRATION SYSTEM FOR QUALIFIED24 RETAILERS;25 (b) F OR EACH PIECE OF OUTDOOR POWER EQUIPMENT PURCHASED26 BY AN END USER FROM A REGISTERED AND QUALIFIED RETAILER , PROVIDE27 SB24-095 -8- A POINT-OF-PURCHASE REBATE IN AN AMOUNT THAT IS THE LESSER OF ONE1 HUNDRED FIFTY DOLLARS OR ONE -THIRD OF THE PURCHASE PRICE; AND2 (c) R EQUIRE THE DIVISION TO PUBLICIZE THE PROGRAM TO3 QUALIFIED RETAILERS.4 (3) T O OFFER OR PROVIDE REBATES UNDER THE PROGRAM , A5 QUALIFIED RETAILER MUST:6 (a) S ELL OUTDOOR POWER EQUIPMENT IN A NONATTAINMENT7 AREA; AND8 (b) B E REGISTERED WITH THE DIVISION.9 (4) I F THE DIVISION DETERMINES THAT THE TOTAL AMOUNT OF10 REBATES PROVIDED UNDER THE PROGRAM WILL EXCEED THE AMOUNT OF11 MONEY APPROPRIATED FOR THE PROGRAM , THE DIVISION MAY12 TEMPORARILY CEASE PROVIDING THE REBATES UNTIL A NEW13 APPROPRIATION PROVIDES MONEY TO OFFER MORE REBATES . THE DIVISION14 MUST NOTIFY THE QUALIFIED RETAILERS AT LEAST FORTY -EIGHT HOURS15 BEFORE THE DIVISION CEASES PROVIDING THE REBATES .16 (5) T HE GENERAL ASSEMBLY SHALL MAKE AN APPROPRIATION TO17 IMPLEMENT THIS SECTION.18 (6) T HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2030.19 SECTION 4. In Colorado Revised Statutes, repeal 39-22-550.20 SECTION 5. In Colorado Revised Statutes, 25-7.5-102, amend21 (16); and add (13.4) and (13.6) as follows:22 25-7.5-102. Definitions. As used in this article 7.5, unless the23 context otherwise requires:24 (13.4) "L IGHT-DUTY TRUCK" MEANS A TRUCK WITH A GROSS25 VEHICLE WEIGHT RATING, AS DEFINED IN SECTION 42-2-402 (6), OF TEN26 THOUSAND POUNDS OR LESS.27 SB24-095 -9- (13.6) "LOCAL GOVERNMENT" MEANS A CITY OR COUNTY.1 (16) "Motor vehicle fleet" means a group of motor vehicles that2 is owned or operated:3 (a) By a governmental entity for a public purpose, including but4 not limited to public school transportation or law enforcement; or5 (b) By a business entity for a business if:6 (I) The group of motor vehicles is composed primarily of7 LIGHT-DUTY TRUCKS, heavy-duty motor vehicles, medium-duty motor8 vehicles, or refrigerated trailer units; or9 (II) The group of motor vehicles is:10 (A) Owned or operated by a company that rents motor vehicles in11 the fleet to transportation network company drivers for use in providing12 transportation network company services; or is 13 (B) Owned and operated directly, or indirectly through14 independent contractors who own or lease individual motor vehicles in15 the group, by a transportation network company or by a retailer for the16 purpose of making retail deliveries.17 SECTION 6. In Colorado Revised Statutes, 25-7.5-103, amend18 (6)(d); and add (12) as follows:19 25-7.5-103. Clean fleet enterprise - creation - board - powers20 and duties - fees - fund - repeal. (6) In addition to any other powers and21 duties specified in this section, the board has the following general22 powers and duties:23 (d) To contract with any public or private entity, including state24 agencies, consultants, and the attorney general's office, for professional25 and technical assistance, office space, and administrative services, advice,26 and other services related to the conduct of the affairs of the enterprise.27 SB24-095 -10- The enterprise is encouraged to issue grants on a STREAMLINED AND1 competitive basis based on written criteria established by the enterprise2 in advance of any deadlines for the submission of grant applications. The3 board shall generally avoid using sole-source contracts.4 (12) (a) T HE ENTERPRISE MAY PROVIDE FUNDING THROUGH A5 GRANT PROGRAM TO PROVIDE UP TO EIGHTY PERCENT OF A LOCAL6 GOVERNMENT'S COST OF ACQUIRING MOTOR VEHICLES THAT EMIT LOW7 LEVELS OF NITROGEN OXIDES FOR THE LOCAL GOVERNMENT TO USE IN ITS8 MOTOR VEHICLE FLEET.9 (b) I N IMPLEMENTING SUBSECTION (9) OF THIS SECTION AND THIS10 SUBSECTION (12), THE BOARD SHALL PRIORITIZE MAKING GRANTS TO11 LOCAL GOVERNMENTS .12 (c) T HIS SUBSECTION (12) IS REPEALED, EFFECTIVE DECEMBER 31,13 2029.14 SECTION 7. In Colorado Revised Statutes, add 25-7-147 as15 follows:16 25-7-147. Ozone studies required - reports - definition - repeal.17 (1) A S USED IN THIS SECTION, "STUDY" MEANS THE STUDY DESCRIBED IN18 SUBSECTION (2) OF THIS SECTION.19 (2) B EGINNING IN JANUARY 2025, THE DIVISION SHALL REGULARLY20 PERFORM, IN EACH NONATTAINMENT AREA FOR OZONE , PHOTOCHEMICAL21 MODELING STUDIES AND DATA ANALYS IS DESIGNED TO DETERMINE :22 (a) T HE OZONE LEVELS OF AMBIENT AIR; AND23 (b) T HE EFFECTIVENESS OF POLICIES FOR LOWERING AMBIENT AIR24 OZONE LEVELS.25 (3) T HE COMMISSION SHALL DETERMINE THE FREQUENCY OF THE26 STUDIES, BUT THE DIVISION SHALL PERFORM AND COMPLETE A STUDY AT27 SB24-095 -11- LEAST ONCE EACH CALENDAR YEAR .1 (4) T HE DIVISION SHALL:2 (a) P UBLISH THE RESULTS OF EACH STUDY TO THE DIVISION 'S3 WEBSITE WITHIN THIRTY DAYS AFTER THE STUDY IS COMPLETED ; AND4 (b) R EPORT THE RESULTS TO THE COMMISSION AT THE5 COMMISSION'S NEXT SCHEDULED MEETING.6 (5) B EGINNING IN JANUARY 2026, AND IN JANUARY EVERY YEAR7 THEREAFTER, THE DEPARTMENT SHALL INCLUDE , AS PART OF ITS8 PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY9 SECTION 2-7-203, INFORMATION CONCERNING THE TYPE AND RESULTS OF10 EACH STUDY PERFORMED DURING THE PREVIOUS YEAR .11 (6) T HIS SECTION WILL BE REPEALED IF COLORADO ACHIEVES12 ATTAINMENT OF FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY13 STANDARDS UNDER THE FEDERAL ACT . THE EXECUTIVE DIRECTOR OF THE14 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL NOTIFY THE15 REVISOR OF STATUTES IN WRITING OF THE DATE WHEN THE CONDITION16 SPECIFIED IN THIS SUBSECTION (6) HAS OCCURRED BY E-MAILING THE17 NOTICE TO REVISOROFSTATUTES .GA@COLEG.GOV. THIS SECTION IS18 REPEALED, EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT19 C OLORADO HAS ACHIEVED ATTAINMENT OF FEDERAL OZONE NATIONAL20 AMBIENT AIR QUALITY STANDARDS OR , IF THE NOTICE DOES NOT SPECIFY21 THAT DATE, UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES.22 SECTION 8. Act subject to petition - effective date -23 applicability. (1) This act takes effect at 12:01 a.m. on the day following24 the expiration of the ninety-day period after final adjournment of the25 general assembly; except that, if a referendum petition is filed pursuant26 to section 1 (3) of article V of the state constitution against this act or an27 SB24-095 -12- item, section, or part of this act within such period, then the act, item,1 section, or part will not take effect unless approved by the people at the2 general election to be held in November 2024 and, in such case, will take3 effect on the date of the official declaration of the vote thereon by the4 governor.5 (2) This act applies to taxable actions occurring on or after the6 applicable effective date of this act.7 SB24-095 -13-