Colorado 2024 Regular Session

Colorado Senate Bill SB150 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. 24-0619.02 Sarah Lozano x3858
1	8		SENATE BILL 24-150
2		-	~~BY SENATOR(S) Cutter and Michaelson Jenet, Fields, Gonzales,~~
3		-	~~Jaquez Lewis,~~ ~~Priola, Winter F.;~~
4		-	~~also REPRESENTATIVE(S) Froelich, Bacon, Brown, Duran, Garcia,~~
5		-	~~Herod, Jodeh, Joseph, Kipp, Lindsay, Marvin, McCormick, McLachlan,~~
6		-	~~Sirota, Story,~~ ~~Titone, Valdez,~~ ~~Vigil, Weissman, Willford.~~
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Energy & Environment
	11	+	Finance
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
7	14		C
8		-	ONCERNING REQUIREMENTS FOR THE PROCESSING OF MUNICIPAL SOLID
9		-	WASTE IN THE STATE
10		-	.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. Legislative declaration. (1) The general assembly
14		-	finds and declares that the combustion of municipal solid waste:
15		-	(a) Generates hazardous waste and toxic pollutants, which affect the
16		-	health of disproportionately impacted communities and low-income
17		-	communities;
18		-	(b) Destroys valuable materials that could be recycled back into the
19		-	supply chain;
20		-	(c) Perpetuates the extractive, polluting, linear economy by investing
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. in infrastructure that needs to be continuously supplied with cardboard,
29		-	paper, and plastics that could otherwise be reduced or recycled; and
30		-	(d) Is an expensive approach to waste management that relies on
31		-	government investment of tax dollars or tax credits to build and maintain.
32		-	(2) The general assembly therefore determines that it is in the best
33		-	interest of the state to:
34		-	(a) Prohibit combustion units from being eligible for any state-level
35		-	incentives; and
36		-	(b) Require pyrolysis and gasification processes to be regulated at
37		-	the state and local level as solid waste-to-energy incineration systems.
38		-	SECTION 2. In Colorado Revised Statutes, add 25-17-109 as
39		-	follows:
40		-	25-17-109. Units that combust municipal solid waste not eligible
41		-	for state-level incentives - definitions. (1) A
42		-	S USED IN THIS SECTION,
43		-	UNLESS THE CONTEXT OTHERWISE REQUIRES :
44		-	(a) "ASTM
45		-	D7566" MEANS THE ASTM INTERNATIONAL STANDARD
46		-	D7566 ENTITLED "STANDARD SPECIFICATION FOR AVIATION TURBINE FUEL
47		-	CONTAINING SYNTHESIZED HYDROCARBONS", AS AMENDED.
48		-	(b) "B
49		-	IOCHAR" MEANS A CHARCOAL THAT IS PRODUCED BY
50		-	PYROLYSIS OF BIOMASS AND THAT MAY BE USED AS A SOIL AMENDMENT
51		-	.
52		-	(c) "B
53		-	IOSOLIDS" HAS THE MEANING SET FORTH IN SECTION 25-8-103
54		-	(1.4).
55		-	(d) "C
56		-	OMBUSTION UNIT" MEANS A MUNICIPAL WASTE COMBUSTION
57		-	UNIT
58		-	, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID WASTE INCINERATION
59		-	(OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT COMBUSTS MUNICIPAL
60		-	SOLID WASTE
61		-	.
62		-	(e) "C
63		-	REMATORY INCINERATOR " MEANS ANY INCINERATOR
64		-	DESIGNED AND USED SOLELY FOR THE BURNING OF ANATOMICAL
65		-	PATHOLOGICAL WASTE
66		-	, WHICH INCINERATOR MAY ALSO BURN INCIDENTAL
67		-	PAGE 2-SENATE BILL 24-150 ITEMS NORMALLY CREMATED AS PART OF THE FUNERAL PROCESS , OR AS
68		-	OTHERWISE DEFINED BY AIR QUALITY CONTROL COMMISSION RULE
69		-	.
70		-	(f) "H
71		-	AZARDOUS WASTE" HAS THE MEANING SET FORTH IN SECTION
72		-	25-15-101 (6).
73		-	(g) "M
74		-	UNICIPAL SOLID WASTE" MEANS SOLID WASTE FROM
75		-	HOUSEHOLD
76		-	, COMMUNITY, COMMERCIAL, OR INDUSTRIAL SOURCES THAT
77		-	DOES NOT CONTAIN HAZARDOUS WASTE
78		-	.
79		-	(h) (I) "S
80		-	TATE INCENTIVE" MEANS ANY STATE-LEVEL GRANT, LOAN,
81		-	TAX CREDIT, TAX EXEMPTION, SUBSIDY, OR OTHER FINANCIAL INCENTIVE.
82		-	(II) "S
83		-	TATE INCENTIVE" DOES NOT INCLUDE THE TAX CREDIT
84		-	ALLOWED PURSUANT TO SECTION
85		-	39-22-556.
86		-	(2) N
87		-	OTWITHSTANDING ANY LAW TO THE CONTRARY :
88		-	(a) E
89		-	XCEPT AS SET FORTH IN SUBSECTION (4) OF THIS SECTION, A
90		-	COMBUSTION UNIT THAT TARGETS PLASTIC AS A FEEDSTOCK IS NOT ELIGIBLE
91		-	FOR ANY STATE INCENTIVES NOT GRANTED OR AWARDED
92		-	, OR THAT APPLY TO
93		-	INCOME TAX YEARS
94		-	, BEFORE JANUARY 1, 2025; EXCEPT THAT THIS
95		-	SUBSECTION
96		-	(2)(a) DOES NOT APPLY TO:
97		-	(I) O
98		-	PERATIONS TO EXCLUSIVELY TREAT SOURCE -SEPARATED
99		-	ORGANIC MATERIALS FOR THE CREATION OF COMPOST
100		-	, BIOSOLIDS, BIO-OIL,
101		-	AND BIOCHAR;
102		-	(II) O
103		-	PERATIONS TO CONDUCT ANAEROBIC DIGESTION ;
104		-	(III) A
105		-	IR CURTAIN INCINERATORS USED FOR WILDFIRE MITIGATION OR
106		-	INCINERATION OF THE MATERIALS LISTED IN
107		-	40 CFR 60.2888 (b)(1) TO
108		-	(b)(4);
109		-	(IV) U
110		-	NITS THAT COMBUST CONTRABAND OR PROHIBITED GOODS , AS
111		-	DEFINED IN
112		-	40 CFR 60.2887 (p);
113		-	(V) U
114		-	NITS OPERATING AS A CREMATORY INCINERATOR ;
115		-	(VI) B
116		-	IOMASS BOILERS FIRING MATERIALS LISTED IN 40 CFR 60.2888
117		-	PAGE 3-SENATE BILL 24-150 (b)(1) TO (b)(4) OR OTHER APPROVED FUELS; OR
118		-	(VII) PROCESSES TO PRODUCE SUSTAINABLE AVIATION FUEL , AS
119		-	DEFINED IN SECTION
120		-	40B(d) OF THE INTERNAL REVENUE CODE , SO LONG AS
121		-	THE PROCESSES UTILIZE A PATHWAY THAT COMPLIES WITH
122		-	ASTM D7566
123		-	AND ALL REQUIREMENTS OF THE FEDERAL "CLEAN AIR ACT", 42 U.S.C. SEC.
124		-	7401
125		-	ET SEQ., AS AMENDED, APPLICABLE TO THE PRODUCER OF THE
126		-	SUSTAINABLE AVIATION FUEL
127		-	;
128		-	(b) O
129		-	N AND AFTER JANUARY 1, 2025, COMBUSTION IS NOT
130		-	CONSIDERED
131		-	"RECYCLING", "RENEWABLE ENERGY ", "CLEAN ENERGY",
132		-	"
133		-	GREEN ENERGY", "CLIMATE-FRIENDLY", "CARBON-FREE", "BIOFUEL",
134		-	"
135		-	ZERO-CARBON", OR ANY OTHER SIMILAR TERM FOR THE PURPOSE OF A
136		-	PROGRAM ESTABLISHED BY STATE LAW OR RULES
137		-	; AND
138		-	(c) ON AND AFTER JANUARY 1, 2025, A COMBUSTION UNIT DOES NOT
139		-	MEET A
140		-	"RENEWABLE PORTFOLIO STANDARD ", "LOW CARBON FUEL
141		-	STANDARD
142		-	", "RENEWABLE FUEL STANDARD ", OR ANY OTHER SIMILAR
143		-	STANDARD ESTABLISHED BY STATE LAW OR RULES
144		-	.
145		-	(3) N
146		-	OTHING IN THIS SECTION PROHIBITS STATE INCENTIVES FOR :
147		-	(a) E
148		-	NTITIES PARTICIPATING IN THE WASTE TIRE CLEANUP PROGRAM ,
149		-	AS DEFINED IN SECTION 30-20-1402 (13); OR
150		-	(b) FEDERAL AND STATE AGENCIES AND INSTITUTIONS OF HIGHER
151		-	EDUCATION CONDUCTING RESEARCH TO IMPROVE ENVIRONMENTAL AND
152		-	HEALTH OUTCOMES OF COMBUSTION UNITS
153		-	, WHICH RESEARCH DOES NOT
154		-	INCLUDE THE OPERATION OF A COMMERCIAL
155		-	-SCALE COMBUSTION UNIT.
156		-	(4) C
157		-	OMBUSTION UNITS THAT ARE IN EXISTENCE IN THE STATE ON OR
158		-	BEFORE
159		-	JULY 1, 2024, ARE ELIGIBLE FOR A STATE INCENTIVE TO CONDUCT
160		-	TECHNOLOGICAL UPGRADES IF THE STATE AGENCY RESPONSIBLE FOR ISSUING
161		-	THE STATE INCENTIVE DETERMINES THAT THE STATE INCENTIVE IMPROVES
162		-	THE HEALTH AND SAFETY OF WORKERS
163		-	, PROMOTES WORKFORCE
164		-	DEVELOPMENT
165		-	, REDUCES NEGATIVE IMPACTS OF OPERATIONS OF THE
166		-	COMBUSTION UNIT
167		-	, AND ENCOURAGES INVESTMENT IN THE COMMUNITY OF
168		-	THE COMBUSTION UNIT
169		-	.
170		-	SECTION 3. In Colorado Revised Statutes, 30-20-902, amend (1)
171		-	PAGE 4-SENATE BILL 24-150 as follows:
172		-	30-20-902. Definitions. As used in this part 9, unless the context
173		-	otherwise requires:
174		-	(1) (a) "Solid waste-to-energy incineration system" means the use
175		-	of flammable waste material as a primary or supplemental fuel for the
176		-	conversion of heat into steam, electrical power, or any other form of energy.
177		-	(b) "S
178		-	OLID WASTE-TO-ENERGY INCINERATION SYSTEM " INCLUDES
179		-	PYROLYSIS AND GASIFICATION PROCESSES
180		-	.
181		-	SECTION 4. In Colorado Revised Statutes, 31-15-1002, amend (1)
182		-	as follows:
183		-	31-15-1002. Definitions. As used in this part 10, unless the context
184		-	otherwise requires:
185		-	(1) (a) "Solid waste-to-energy incineration system" means the use
186		-	of flammable waste material as a primary or supplemental fuel for the
187		-	conversion of heat into steam, electrical power, or any other form of energy.
188		-	(b) "S
189		-	OLID WASTE-TO-ENERGY INCINERATION SYSTEM " INCLUDES
190		-	PYROLYSIS AND GASIFICATION PROCESSES
191		-	.
192		-	SECTION 5. In Colorado Revised Statutes, 40-2-124, amend (1)(a)
193		-	introductory portion as follows:
194		-	40-2-124. Renewable energy standards - qualifying retail and
195		-	wholesale utilities - definitions - net metering - legislative declaration
196		-	- rules. (1) Each provider of retail electric service in the state of Colorado,
197		-	other than municipally owned utilities that serve forty thousand customers
198		-	or fewer, is a qualifying retail utility. Each qualifying retail utility, with the
199		-	exception of cooperative electric associations that have voted to exempt
200		-	themselves from commission jurisdiction pursuant to section 40-9.5-104
201		-	and municipally owned utilities, is subject to the rules established under this
202		-	article 2 by the commission. No additional regulatory authority is provided
203		-	to the commission other than that specifically contained in this section. In
204		-	accordance with article 4 of title 24, the commission shall revise or clarify
205		-	existing rules to establish the following:
206		-	PAGE 5-SENATE BILL 24-150 (a) Definitions of eligible energy resources that can be used to meet
207		-	the standards. "Eligible energy resources" means recycled energy,
208		-	renewable energy resources, and renewable energy storage. In addition,
209		-	resources using coal mine methane and synthetic gas produced by pyrolysis
210		-	of waste materials are eligible energy resources if the commission
211		-	determines that the electricity generated by those resources is greenhouse
212		-	gas neutral. S
213		-	YNTHETIC GAS PRODUCED BY PYROLYSIS OF WASTE MATERIALS
214		-	IS NOT AN ELIGIBLE ENERGY RESOURCE
215		-	. The commission shall determine,
216		-	following an evidentiary hearing, the extent to which such electric
217		-	generation technologies utilized in an optional pricing program may be used
218		-	to comply with this standard. A fuel cell using hydrogen derived from an
219		-	eligible energy resource is also an eligible electric generation technology.
220		-	Fossil and nuclear fuels and their derivatives are not eligible energy
221		-	resources. As used in this section:
222		-	SECTION 6. In Colorado Revised Statutes, 40-3.2-108, repeal
223		-	(2)(n)(II)(B) as follows:
224		-	40-3.2-108. Clean heat targets - legislative declaration -
225		-	definitions - plans - rules - reports. (2) Definitions. As used in this
226		-	section, unless the context otherwise requires:
227		-	(n) "Recovered methane" means any of the following that are
228		-	located in Colorado and meet a recovered methane protocol approved by the
229		-	air quality control commission:
230		-	(II) Methane derived from:
231		-	(B) The pyrolysis of municipal solid waste;
232		-	SECTION 7. Safety clause. The general assembly finds,
233		-	determines, and declares that this act is necessary for the immediate
234		-	preservation of the public peace, health, or safety or for appropriations for
235		-	PAGE 6-SENATE BILL 24-150 the support and maintenance of the departments of the state and state
236		-	institutions.
237		-	____________________________ ____________________________
238		-	Steve Fenberg Julie McCluskie
239		-	PRESIDENT OF SPEAKER OF THE HOUSE
240		-	THE SENATE OF REPRESENTATIVES
241		-	____________________________ ____________________________
242		-	Cindi L. Markwell Robin Jones
243		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
244		-	THE SENATE OF REPRESENTATIVES
245		-	APPROVED________________________________________
246		-	(Date and Time)
247		-	_________________________________________
248		-	Jared S. Polis
249		-	GOVERNOR OF THE STATE OF COLORADO
250		-	PAGE 7-SENATE BILL 24-150
	15	+	ONCERNING REQUIREMENTS FOR TH E PROCESSING OF MUNICIPAL101
	16	+	SOLID WASTE IN THE STATE.102
	17	+	Bill Summary
	18	+	(Note: This summary applies to this bill as introduced and does
	19	+	not reflect any amendments that may be subsequently adopted. If this bill
	20	+	passes third reading in the house of introduction, a bill summary that
	21	+	applies to the reengrossed version of this bill will be available at
	22	+	http://leg.colorado.gov
	23	+	.)
	24	+	On and after July 1, 2024, section 2 of the bill prohibits a person
	25	+	from operating or expanding certain units that incinerate municipal solid
	26	+	waste (incineration unit).
	27	+	On and after January 1, 2025, section 2 also clarifies that
	28	+	incineration and incineration units do not meet certain standards
	29	+	established by state law or rules.
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 6, 2024
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 5, 2024
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	March 13, 2024
	39	+	SENATE
	40	+	3rd Reading Unamended
	41	+	March 15, 2024
	42	+	SENATE SPONSORSHIP
	43	+	Cutter and Michaelson Jenet, Fields, Gonzales, Jaquez Lewis, Priola, Winter F.
	44	+	HOUSE SPONSORSHIP
	45	+	Froelich, Bacon, Brown, Duran, Garcia, Herod, Jodeh, Joseph, Kipp, Lindsay, Marvin,
	46	+	McCormick, McLachlan, Sirota, Story, Titone, Valdez, Vigil, Weissman, Willford
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. Section 3 changes current law to provide that synthetic gas
	50	+	produced by the pyrolysis of waste materials is not an eligible energy
	51	+	resource for the purpose of certain state-level renewable energy standards.
	52	+	Section 4 changes current law to specify that methane derived
	53	+	from the pyrolysis of municipal solid waste is not recovered methane that
	54	+	is a clean heat resource for the purpose of clean heat plans.
	55	+	Be it enacted by the General Assembly of the State of Colorado:1
	56	+	SECTION 1. Legislative declaration. (1) The general assembly2
	57	+	finds and declares that the combustion
	58	+	of municipal solid waste:3
	59	+	(a) Generates hazardous waste and toxic pollutants, which affect4
	60	+	the health of disproportionately impacted communities and low-income5
	61	+	communities;6
	62	+	(b) Destroys valuable materials that could be recycled back into7
	63	+	the supply chain;8
	64	+	(c) Perpetuates the extractive, polluting, linear economy by9
	65	+	investing in infrastructure that needs to be continuously supplied with10
	66	+	cardboard, paper, and plastics that could otherwise be reduced or11
	67	+	recycled; and12
	68	+	(d) Is an expensive approach to waste management that relies on13
	69	+	government investment of tax dollars or tax credits to build and maintain.14
	70	+	15
	71	+	(2) The general assembly therefore determines that it is in the best16
	72	+	interest of the state to:17
	73	+	(a) Prohibit combustion units from being eligible for any18
	74	+	state-level incentives; and19
	75	+	(b) Require pyrolysis and gasification processes to be regulated20
	76	+	at the state and local level as solid waste-to-energy incineration systems. 21
	77	+	SECTION 2. In Colorado Revised Statutes, add 25-17-109 as22
	78	+	150-2- follows:1
	79	+	25-17-109. Units that combust municipal solid waste not2
	80	+	eligible for state-level incentives - definitions. (1) AS USED IN THIS3
	81	+	SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :4
	82	+	(a) "ASTM D7566" MEANS THE ASTM INTERNATIONAL5
	83	+	STANDARD D7566 ENTITLED "STANDARD SPECIFICATION FOR AVIATION6
	84	+	TURBINE FUEL CONTAINING SYNTHESIZED HYDROCARBONS", AS7
	85	+	AMENDED.8
	86	+	(b) "BIOCHAR" MEANS A CHARCOAL THAT IS PRODUCED BY9
	87	+	PYROLYSIS OF BIOMASS AND THAT MAY BE USED AS A SOIL AMENDMENT.10
	88	+	(c) "BIOSOLIDS" HAS THE MEANING SET FORTH IN SECTION11
	89	+	25-8-103 (1.4).12
	90	+	(d) "COMBUSTION UNIT" MEANS A MUNICIPAL WASTE COMBUSTION13
	91	+	UNIT, AS DEFINED IN 40 CFR 60.2977, OR OTHER SOLID WASTE14
	92	+	INCINERATION (OSWI) UNIT, AS DEFINED IN 40 CFR 60.2977, THAT15
	93	+	COMBUSTS MUNICIPAL SOLID WASTE .16
	94	+	(e) "CREMATORY INCINERATOR" MEANS ANY INCINERATOR17
	95	+	DESIGNED AND USED SOLELY FOR THE BURNING OF ANATOMICAL18
	96	+	PATHOLOGICAL WASTE, WHICH INCINERATOR MAY ALSO BURN INCIDENTAL19
	97	+	ITEMS NORMALLY CREMATED AS PART OF THE FUNERAL PROCESS, OR AS20
	98	+	OTHERWISE DEFINED BY AIR QUALITY CONTROL COMMISSION RULE .21
	99	+	(f) "HAZARDOUS WASTE" HAS THE MEANING SET FORTH IN SECTION22
	100	+	25-15-101 (6).23
	101	+	(g) "MUNICIPAL SOLID WASTE" MEANS SOLID WASTE FROM24
	102	+	HOUSEHOLD, COMMUNITY, COMMERCIAL, OR INDUSTRIAL SOURCES THAT25
	103	+	DOES NOT CONTAIN HAZARDOUS WASTE .26
	104	+	(h) (I) "STATE INCENTIVE" MEANS ANY STATE-LEVEL GRANT,27
	105	+	150
	106	+	-3- LOAN, TAX CREDIT, TAX EXEMPTION, SUBSIDY, OR OTHER FINANCIAL1
	107	+	INCENTIVE.2
	108	+	(II) "STATE INCENTIVE" DOES NOT INCLUDE THE TAX CREDIT3
	109	+	ALLOWED PURSUANT TO SECTION 39-22-556.4
	110	+	(2) NOTWITHSTANDING ANY LAW TO THE CONTRARY :5
	111	+	(a) EXCEPT AS SET FORTH IN SUBSECTION (5) OF THIS SECTION, A6
	112	+	COMBUSTION UNIT THAT TARGETS PLASTIC AS A FEEDSTOCK IS NOT7
	113	+	ELIGIBLE FOR ANY STATE INCENTIVES NOT GRANTED OR AWARDED, OR8
	114	+	THAT APPLY TO INCOME TAX YEARS, BEFORE JANUARY 1, 2025; EXCEPT9
	115	+	THAT THIS SUBSECTION (2)(a) DOES NOT APPLY TO:10
	116	+	(I) OPERATIONS TO EXCLUSIVELY TREAT SOURCE -SEPARATED11
	117	+	ORGANIC MATERIALS FOR THE CREATION OF COMPOST, BIOSOLIDS, BIO-OIL,12
	118	+	AND BIOCHAR;13
	119	+	(II) OPERATIONS TO CONDUCT ANAEROBIC DIGESTION ;14
	120	+	(III) AIR CURTAIN INCINERATORS USED FOR WILDFIRE MITIGATION15
	121	+	OR INCINERATION OF THE MATERIALS LISTED IN 40 CFR 60.2888 (b)(1) TO16
	122	+	(b)(4);17
	123	+	(IV) UNITS THAT COMBUST CONTRABAND OR PROHIBITED GOODS,18
	124	+	AS DEFINED IN 40 CFR 60.2887 (p);19
	125	+	(V) UNITS OPERATING AS A CREMATORY INCINERATOR ;20
	126	+	(VI) BIOMASS BOILERS FIRING MATERIALS LISTED IN 40 CFR21
	127	+	60.2888 (b)(1) TO (b)(4) OR OTHER APPROVED FUELS; OR22
	128	+	(VII) PROCESSES TO PRODUCE SUSTAINABLE AVIATION FUEL, AS23
	129	+	DEFINED IN SECTION 40B(d) OF THE INTERNAL REVENUE CODE , SO LONG24
	130	+	AS THE PROCESSES UTILIZE A PATHWAY THAT COMPLIES WITH ASTM25
	131	+	D7566 AND ALL REQUIREMENTS OF THE FEDERAL "CLEAN AIR ACT", 4226
	132	+	U.S.C. SEC. 7401 ET SEQ., AS AMENDED, APPLICABLE TO THE PRODUCER OF27
	133	+	150
	134	+	-4- THE SUSTAINABLE AVIATION FUEL;1
	135	+	(b) ON AND AFTER JANUARY 1, 2025, COMBUSTION IS NOT2
	136	+	CONSIDERED "RECYCLING", "RENEWABLE ENERGY", "CLEAN ENERGY",3
	137	+	"GREEN ENERGY", "CLIMATE-FRIENDLY", "CARBON-FREE", "BIOFUEL",4
	138	+	"ZERO-CARBON", OR ANY OTHER SIMILAR TERM FOR THE PURPOSE OF A5
	139	+	PROGRAM ESTABLISHED BY STATE LAW OR RULES ; AND6
	140	+	(c) ON AND AFTER JANUARY 1, 2025, A COMBUSTION UNIT DOES7
	141	+	NOT MEET A "RENEWABLE PORTFOLIO STANDARD", "LOW CARBON FUEL8
	142	+	STANDARD", "RENEWABLE FUEL STANDARD", OR ANY OTHER SIMILAR9
	143	+	STANDARD ESTABLISHED BY STATE LAW OR RULES .10
	144	+	(3) NOTHING IN THIS SECTION PROHIBITS STATE INCENTIVES FOR:11
	145	+	(a) ENTITIES PARTICIPATING IN THE WASTE TIRE CLEANUP12
	146	+	PROGRAM, AS DEFINED IN SECTION 30-20-1402 (13); OR13
	147	+	(b) FEDERAL AND STATE AGENCIES AND INSTITUTIONS OF HIGHER14
	148	+	EDUCATION CONDUCTING RESEARCH TO IMPROVE ENVIRONMENTAL AND15
	149	+	HEALTH OUTCOMES OF COMBUSTION UNITS , WHICH RESEARCH DOES NOT16
	150	+	INCLUDE THE OPERATION OF A COMMERCIAL -SCALE COMBUSTION UNIT.17
	151	+	(5) COMBUSTION UNITS THAT ARE IN EXISTENCE IN THE STATE ON18
	152	+	OR BEFORE JULY 1, 2024, ARE ELIGIBLE FOR A STATE INCENTIVE TO19
	153	+	CONDUCT TECHNOLOGICAL UPGRADES IF THE STATE AGENCY RESPONSIBLE20
	154	+	FOR ISSUING THE STATE INCENTIVE DETERMINES THAT THE STATE21
	155	+	INCENTIVE IMPROVES THE HEALTH AND SAFETY OF WORKERS, PROMOTES22
	156	+	WORKFORCE DEVELOPMENT, REDUCES NEGATIVE IMPACTS OF OPERATIONS23
	157	+	OF THE COMBUSTION UNIT, AND ENCOURAGES INVESTMENT IN THE24
	158	+	COMMUNITY OF THE COMBUSTION UNIT .25
	159	+	SECTION 3. In Colorado Revised Statutes, 30-20-902, amend26
	160	+	(1) as follows:27
	161	+	150
	162	+	-5- 30-20-902. Definitions. As used in this part 9, unless the context1
	163	+	otherwise requires:2
	164	+	(1) (a) "Solid waste-to-energy incineration system" means the use3
	165	+	of flammable waste material as a primary or supplemental fuel for the4
	166	+	conversion of heat into steam, electrical power, or any other form of5
	167	+	energy.6
	168	+	(b) "SOLID WASTE-TO-ENERGY INCINERATION SYSTEM" INCLUDES7
	169	+	PYROLYSIS AND GASIFICATION PROCESSES .8
	170	+	SECTION 4. In Colorado Revised Statutes, 31-15-1002, amend9
	171	+	(1) as follows:10
	172	+	31-15-1002. Definitions. As used in this part 10, unless the11
	173	+	context otherwise requires:12
	174	+	(1) (a) "Solid waste-to-energy incineration system" means the use13
	175	+	of flammable waste material as a primary or supplemental fuel for the14
	176	+	conversion of heat into steam, electrical power, or any other form of15
	177	+	energy.16
	178	+	(b) "SOLID WASTE-TO-ENERGY INCINERATION SYSTEM" INCLUDES17
	179	+	PYROLYSIS AND GASIFICATION PROCESSES .18
	180	+	SECTION 5. In Colorado Revised Statutes, 40-2-124, amend19
	181	+	(1)(a) introductory portion as follows:20
	182	+	40-2-124. Renewable energy standards - qualifying retail and21
	183	+	wholesale utilities - definitions - net metering - legislative declaration22
	184	+	- rules. (1) Each provider of retail electric service in the state of23
	185	+	Colorado, other than municipally owned utilities that serve forty thousand24
	186	+	customers or fewer, is a qualifying retail utility. Each qualifying retail25
	187	+	utility, with the exception of cooperative electric associations that have26
	188	+	voted to exempt themselves from commission jurisdiction pursuant to27
	189	+	150
	190	+	-6- section 40-9.5-104 and municipally owned utilities, is subject to the rules1
	191	+	established under this article 2 by the commission. No additional2
	192	+	regulatory authority is provided to the commission other than that3
	193	+	specifically contained in this section. In accordance with article 4 of title4
	194	+	24, the commission shall revise or clarify existing rules to establish the5
	195	+	following:6
	196	+	(a) Definitions of eligible energy resources that can be used to7
	197	+	meet the standards. "Eligible energy resources" means recycled energy,8
	198	+	renewable energy resources, and renewable energy storage. In addition,9
	199	+	resources using coal mine methane and synthetic gas produced by10
	200	+	pyrolysis of waste materials are eligible energy resources if the11
	201	+	commission determines that the electricity generated by those resources12
	202	+	is greenhouse gas neutral. S
	203	+	YNTHETIC GAS PRODUCED BY PYROLYSIS OF
	204	+	13
	205	+	WASTE MATERIALS IS NOT AN ELIGIBLE ENERGY RESOURCE . The14
	206	+	commission shall determine, following an evidentiary hearing, the extent15
	207	+	to which such electric generation technologies utilized in an optional16
	208	+	pricing program may be used to comply with this standard. A fuel cell17
	209	+	using hydrogen derived from an eligible energy resource is also an18
	210	+	eligible electric generation technology. Fossil and nuclear fuels and their19
	211	+	derivatives are not eligible energy resources. As used in this section:20
	212	+	21
	213	+	SECTION 6. In Colorado Revised Statutes, 40-3.2-108, 22
	214	+	repeal (2)(n)(II)(B) as follows:23
	215	+	40-3.2-108. Clean heat targets - legislative declaration -24
	216	+	definitions - plans - rules - reports. (2) Definitions. As used in this25
	217	+	section, unless the context otherwise requires:26
	218	+	27
	219	+	150
	220	+	-7- (n) "Recovered methane" means any of the following that are1
	221	+	located in Colorado and meet a recovered methane protocol approved by2
	222	+	the air quality control commission:3
	223	+	(II) Methane derived from:4
	224	+	(B) The pyrolysis of municipal solid waste;5
	225	+	6
	226	+	SECTION 7. Safety clause. The general assembly finds,7
	227	+	determines, and declares that this act is necessary for the immediate8
	228	+	preservation of the public peace, health, or safety or for appropriations for9
	229	+	the support and maintenance of the departments of the state and state10
	230	+	institutions.11
	231	+	150
	232	+	-8-