Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 13, 2024
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 combustion
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 combust municipal solid waste.17
SECTION 2. In Colorado Revised Statutes, add 25-17-109 as18
follows:19
25-17-109. Prohibition on facilities that combust municipal20
solid waste - definitions - rules. (1) AS USED IN THIS SECTION, UNLESS21
THE CONTEXT OTHERWISE REQUIRES :22
150-2- (a) "BIOCHAR" MEANS A CHARCOAL THAT IS PRODUCED BY1
PYROLYSIS OF BIOMASS AND THAT MAY BE USED AS A SOIL AMENDMENT .2
(b) "B
IOSOLIDS" HAS THE MEANING SET FORTH IN SECTION
3
25-8-103
(1.4).
4
(c) "C
OMBUSTION UNIT" MEANS A MUNICIPAL WASTE COMBUSTION
5
UNIT, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID WASTE6
INCINERATION (OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT7
COMBUSTS MUNICIPAL SOLID WASTE .8
(d) "C
OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE
9
COMMISSION CREATED IN SECTION 25-15-302 (1)(a).10
(e) "C
REMATORY INCINERATOR " MEANS ANY INCINERATOR
11
DESIGNED AND USED SOLELY FOR THE BURNING OF ANATOMICAL12
PATHOLOGICAL WASTE, WHICH INCINERATOR MAY ALSO BURN INCIDENTAL13
ITEMS NORMALLY CREMATED AS PART OF THE FUNERAL PROCESS , OR AS14
OTHERWISE DEFINED BY AIR QUALITY CONTROL COMMISSION RULE .15
(f) "HAZARDOUS WASTE" HAS THE MEANING SET FORTH IN SECTION16
25-15-101
(6).17
18
(g) "MUNICIPAL SOLID WASTE" MEANS SOLID WASTE FROM19
HOUSEHOLD, COMMUNITY, COMMERCIAL, OR INDUSTRIAL SOURCES THAT20
DOES NOT CONTAIN HAZARDOUS WASTE .21
22
(h) "WASTE TIRE" HAS THE MEANING SET FORTH IN SECTION23
30-20-1402
(12).24
(2) (a) E
XCEPT AS SET FORTH IN SUBSECTION (2)(b) OF THIS25
SECTION, ON AND AFTER JULY 1, 2024, A PERSON SHALL NOT BUILD ,26
CONSTRUCT, ESTABLISH, OPERATE, OR EXPAND A COMBUSTION
UNIT IN THE27
150
-3- STATE.1
(b) T
HE PROHIBITION IN SUBSECTION (2)(a) OF THIS SECTION DOES2
NOT APPLY TO:3
(I) O
PERATIONS TO EXCLUSIVELY
TREAT SOURCE-SEPARATED4
ORGANIC MATERIALS FOR THE PRODUCTION OF SOIL AMENDMENTS ,5
INCLUDING COMPOST, BIOSOLIDS, AND BIOCHAR; 6
(II) O
PERATIONS TO CONDUCT ANAEROBIC DIGESTION ;
7
(III) A
IR CURTAIN INCINERATORS USED FOR WILDFIRE MITIGATION
8
OR INCINERATION OF THE MATERIALS LISTED IN 40 CFR 60.2888 (b)(1) TO9
(b)(4);10
(IV) U
NITS THAT COMBUST CONTRABAND OR PROHIBITED GOODS ,
11
AS DEFINED IN 40 CFR 60.2887 (p);12
(V) U
NITS OPERATING AS A CREMATORY INCINERATOR ;
13
(VI) B
IOMASS BOILERS FIRING MATERIALS LISTED IN 40 CFR
14
60.2888 (b)(1)
TO (b)(4) OR OTHER APPROVED FUELS; OR
15
(VII) P
YROLYSIS UNITS USED TO CONVERT MUNICIPAL SOLID
16
WASTE OR SOLID WASTE DERIVED MATERIALS INTO USEFUL PRODUCTS17
SUCH AS ENERGY, FUELS, AND CHEMICAL COMMODITIES .18
(3) N
OTWITHSTANDING ANY PROVISION OF LAW TO THE19
CONTRARY, ON AND AFTER JANUARY 1, 2025:20
(a) C
OMBUSTION
IS NOT CONSIDERED "RECYCLING", "RENEWABLE21
ENERGY", "CLEAN ENERGY", "GREEN ENERGY", "CLIMATE-FRIENDLY",22
"
CARBON-FREE", "BIOFUEL", "ZERO-CARBON", OR ANY OTHER SIMILAR23
TERM FOR THE PURPOSE OF A PROGRAM ESTABLISHED BY STATE LAW OR24
RULES; AND25
(b) A
COMBUSTION
UNIT DOES NOT MEET A "RENEWABLE26
PORTFOLIO STANDARD", "LOW CARBON FUEL STANDARD ", "RENEWABLE27
150
-4- FUEL STANDARD", OR ANY OTHER SIMILAR STANDARD ESTABLISHED BY1
STATE LAW OR RULES.2
(4) N
OTHING IN THIS SECTION PROHIBITS THE BURNING OF WASTE
3
TIRES OR TIRE-DERIVED PRODUCTS AS FUEL IN CEMENT KILNS .4
(5) T
HE COMMISSION MAY ADOPT RULES TO ENFORCE THIS
5
SECTION.6
SECTION 3. In Colorado Revised Statutes, 40-2-124, amend7
(1)(a) introductory portion as follows:8
40-2-124. Renewable energy standards - qualifying retail and9
wholesale utilities - definitions - net metering - legislative declaration10
- rules. (1) Each provider of retail electric service in the state of11
Colorado, other than municipally owned utilities that serve forty thousand12
customers or fewer, is a qualifying retail utility. Each qualifying retail13
utility, with the exception of cooperative electric associations that have14
voted to exempt themselves from commission jurisdiction pursuant to15
section 40-9.5-104 and municipally owned utilities, is subject to the rules16
established under this article 2 by the commission. No additional17
regulatory authority is provided to the commission other than that18
specifically contained in this section. In accordance with article 4 of title19
24, the commission shall revise or clarify existing rules to establish the20
following:21
(a) Definitions of eligible energy resources that can be used to22
meet the standards. "Eligible energy resources" means recycled energy,23
renewable energy resources, and renewable energy storage. In addition,24
resources using coal mine methane and synthetic gas produced by25
pyrolysis of waste materials are eligible energy resources if the26
commission determines that the electricity generated by those resources27
150
-5- is greenhouse gas neutral. SYNTHETIC GAS PRODUCED BY PYROLYSIS OF1
WASTE MATERIALS IS NOT AN ELIGIBLE ENERGY RESOURCE . The2
commission shall determine, following an evidentiary hearing, the extent3
to which such electric generation technologies utilized in an optional4
pricing program may be used to comply with this standard. A fuel cell5
using hydrogen derived from an eligible energy resource is also an6
eligible electric generation technology. Fossil and nuclear fuels and their7
derivatives are not eligible energy resources. As used in this section:8
9
SECTION 4. In Colorado Revised Statutes, 40-3.2-108, 10
repeal (2)(n)(II)(B) as follows:11
40-3.2-108. Clean heat targets - legislative declaration -12
definitions - plans - rules - reports. (2) Definitions. As used in this13
section, unless the context otherwise requires:14
15
(n) "Recovered methane" means any of the following that are16
located in Colorado and meet a recovered methane protocol approved by17
the air quality control commission:18
(II) Methane derived from:19
(B) The pyrolysis of municipal solid waste;20
21
SECTION 5. Safety clause. The general assembly finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety or for appropriations for24
the support and maintenance of the departments of the state and state25
institutions.26
150
-6-