Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0619.02 Sarah Lozano x3858
SENATE BILL 24-150
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING REQUIREMENTS FOR TH E PROCESSING OF MUNICIPAL101
SOLID WASTE IN THE STATE.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
On and after July 1, 2024, section 2 of the bill prohibits a person
from operating or expanding certain units that incinerate municipal solid
waste (incineration unit).
On and after January 1, 2025, section 2 also clarifies that
incineration and incineration units do not meet certain standards
established by state law or rules.
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Froelich,
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. Section 3 changes current law to provide that synthetic gas
produced by the pyrolysis of waste materials is not an eligible energy
resource for the purpose of certain state-level renewable energy standards.
Section 4 changes current law to specify that methane derived
from the pyrolysis of municipal solid waste is not recovered methane that
is a clean heat resource for the purpose of clean heat plans.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that the incineration of municipal solid waste:3
(a) Generates hazardous waste and toxic pollutants, which affect4
the health of disproportionately impacted communities and low-income5
communities;6
(b) Destroys valuable materials that could be recycled back into7
the supply chain;8
(c) Perpetuates the extractive, polluting, linear economy by9
investing in infrastructure that needs to be continuously supplied with10
cardboard, paper, and plastics that could otherwise be reduced or11
recycled; and12
(d) Is an expensive approach to waste management that relies on13
government investment of tax dollars or tax credits to build and maintain.14
(2) The general assembly therefore determines that it is in the best15
interest of the state to prohibit the construction, establishment, operation,16
or expansion of units that incinerate municipal solid waste.17
SECTION 2. In Colorado Revised Statutes, add 25-17-109 as18
follows:19
25-17-109. Prohibition on facilities that incinerate municipal20
solid waste - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE21
CONTEXT OTHERWISE REQUIRES :22
SB24-150-2- (a) "BIOCHAR" MEANS THE SOLID CARBON-RICH PRODUCT MADE1
WHEN BIOMASS UNDERGOES PYROLYSIS IN AN OXYGEN -DEPLETED2
ATMOSPHERE IN A PROCESS THAT SEQUESTERS CARBON .3
(b) "H
ARD-TO-RECYCLE PLASTICS" MEANS PLASTIC MATERIALS OR4
PRODUCTS THAT:5
(I) C
ANNOT BE EASILY SORTED BY A MATERIALS RECOVERY6
FACILITY OR PROCESSED BY TRADITIONAL MECHANICAL RECYCLING7
TECHNOLOGIES; OR8
(II) L
ACK END-MARKET DEMAND.9
(c) "H
AZARDOUS WASTE" HAS THE MEANING SET FORTH IN10
SECTION 25-15-101 (6).11
(d) "I
NCINERATION UNIT" MEANS A MUNICIPAL WASTE12
COMBUSTION UNIT, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID13
WASTE INCINERATION (OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT14
INCINERATES MUNICIPAL SOLID WASTE .15
(e) (I) "M
UNICIPAL SOLID WASTE" MEANS SOLID WASTE FROM16
HOUSEHOLD, COMMUNITY, COMMERCIAL, OR INDUSTRIAL SOURCES THAT17
DOES NOT CONTAIN HAZARDOUS WASTE .18
(II) "M
UNICIPAL SOLID WASTE" INCLUDES PLASTIC PRODUCTS.19
(f) "P
LASTIC PRODUCT" HAS THE MEANING SET FORTH IN SECTION20
25-17-802
(16) AND INCLUDES HARD-TO-RECYCLE PLASTICS.21
(g) "W
ASTE TIRE" HAS THE MEANING SET FORTH IN SECTION22
30-20-1402
(12).23
(2) (a) E
XCEPT AS SET FORTH IN SUBSECTION (2)(b) OF THIS24
SECTION, ON AND AFTER JULY 1, 2024, A PERSON SHALL NOT BUILD ,25
CONSTRUCT, ESTABLISH, OPERATE, OR EXPAND AN INCINERATION UNIT IN26
THE STATE.27
SB24-150
-3- (b) THE PROHIBITION IN SUBSECTION (2)(a) OF THIS SECTION DOES1
NOT APPLY TO:2
(I) O
PERATIONS TO TREAT SOURCE -SEPARATED ORGANIC3
MATERIALS FOR THE PRODUCTION OF SOIL AMENDMENTS , INCLUDING4
COMPOST AND BIOCHAR;5
(II) O
PERATIONS TO CONDUCT ANAEROBIC DIGESTION ; OR6
(III) O
PERATIONS TO INCINERATE WASTE TIRES IN CEMENT KILNS .7
(3) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE8
CONTRARY, ON AND AFTER JANUARY 1, 2025:9
(a) I
NCINERATION IS NOT CONSIDERED "RECYCLING", "RENEWABLE10
ENERGY", "CLEAN ENERGY", "GREEN ENERGY", "CLIMATE-FRIENDLY",11
"
CARBON-FREE", "BIOFUEL", "ZERO-CARBON", OR ANY OTHER SIMILAR12
TERM FOR THE PURPOSE OF A PROGRAM ESTABLISHED BY STATE LAW OR13
RULES; AND14
(b) A
N INCINERATION UNIT DOES NOT MEET A "RENEWABLE15
PORTFOLIO STANDARD", "LOW CARBON FUEL STANDARD ", "RENEWABLE16
FUEL STANDARD", OR ANY OTHER SIMILAR STANDARD ESTABLISHED BY17
STATE LAW OR RULES.18
SECTION 3. In Colorado Revised Statutes, 40-2-124, amend19
(1)(a) introductory portion; and repeal (1)(a)(V) as follows:20
40-2-124. Renewable energy standards - qualifying retail and21
wholesale utilities - definitions - net metering - legislative declaration22
- rules. (1) Each provider of retail electric service in the state of23
Colorado, other than municipally owned utilities that serve forty thousand24
customers or fewer, is a qualifying retail utility. Each qualifying retail25
utility, with the exception of cooperative electric associations that have26
voted to exempt themselves from commission jurisdiction pursuant to27
SB24-150
-4- section 40-9.5-104 and municipally owned utilities, is subject to the rules1
established under this article 2 by the commission. No additional2
regulatory authority is provided to the commission other than that3
specifically contained in this section. In accordance with article 4 of title4
24, the commission shall revise or clarify existing rules to establish the5
following:6
(a) Definitions of eligible energy resources that can be used to7
meet the standards. "Eligible energy resources" means recycled energy,8
renewable energy resources, and renewable energy storage. In addition,9
resources using coal mine methane and synthetic gas produced by10
pyrolysis of waste materials are eligible energy resources if the11
commission determines that the electricity generated by those resources12
is greenhouse gas neutral. The commission shall determine, following an13
evidentiary hearing, the extent to which such electric generation14
technologies utilized in an optional pricing program may be used to15
comply with this standard. A fuel cell using hydrogen derived from an16
eligible energy resource is also an eligible electric generation technology.17
Fossil and nuclear fuels and their derivatives are not eligible energy18
resources. As used in this section:19
(V) "Pyrolysis" means the thermochemical decomposition of20
material at elevated temperatures without the participation of oxygen.21
SECTION 4. In Colorado Revised Statutes, 40-3.2-108, amend22
(2)(m); and repeal (2)(n)(II)(B) as follows:23
40-3.2-108. Clean heat targets - legislative declaration -24
definitions - plans - rules - reports. (2) Definitions. As used in this25
section, unless the context otherwise requires:26
(m) "Pyrolysis" has the meaning set forth in section 40-2-12427
SB24-150
-5- (1)(a)(V) MEANS THE THERMOCHEMICAL DECOMPOSITION OF MATERIAL AT1
ELEVATED TEMPERATURES WITHOUT THE PARTICIPATION OF OXYGEN .2
(n) "Recovered methane" means any of the following that are3
located in Colorado and meet a recovered methane protocol approved by4
the air quality control commission:5
(II) Methane derived from:6
(B) The pyrolysis of municipal solid waste;7
SECTION 5. In Colorado Revised Statutes, 23-31-317, amend8
(2)(e) as follows:9
23-31-317. Biomass utilization study - legislative declaration10
- report - definitions - repeal. (2) As used in this section, unless the11
context otherwise requires:12
(e) "Pyrolysis" has the meaning set forth in section 40-2-12413
(1)(a)(V) 40-3.2-108 (2)(m).14
SECTION 6. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
SB24-150
-6-