Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-1188.01 Jennifer Berman x3286
SENATE BILL 24-229
Senate Committees House Committees
Finance Finance
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO MITIGATE OZONE POLLUTION IN THE101
STATE, AND, IN CONNECTION THEREWITH , MAKING AN
102
APPROPRIATION.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
.)
Section 2 of the bill requires the division of administration
(division) in the department of public health and environment
(department) to propose rules to the air quality control commission
(commission) to reduce certain emissions of oxides of nitrogen (NOx)
generated by upstream oil and gas operations in certain areas of the state
HOUSE
3rd Reading Unamended
May 6, 2024
HOUSE
Amended 2nd Reading
May 5, 2024
SENATE
3rd Reading Unamended
May 4, 2024
SENATE
Amended 2nd Reading
May 3, 2024
SENATE SPONSORSHIP
Winter F. and Priola, Buckner, Coleman, Cutter, Exum, Fenberg, Hansen, Jaquez Lewis,
Marchman, Michaelson Jenet, Gonzales, Hinrichsen, Kolker
HOUSE SPONSORSHIP
Bacon and Willford, Amabile, Boesenecker, Brown, Clifford, deGruy Kennedy,
Daugherty, English, Froelich, Garcia, Hernandez, Herod, Jodeh, Joseph, Kipp, Lindsay,
Lindstedt, Marvin, McCluskie, McCormick, Ortiz, Ricks, Rutinel, Story, Titone, Valdez,
Velasco, Vigil, Weissman, Woodrow, Bird, Epps, Hamrick, Lukens, Mabrey, Marshall,
Parenti, Sirota, Snyder
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. by 50% by 2030 relative to 2017 NOx emission levels.
Section 3 requires the division to prepare an annual air quality
enforcement benchmark report to summarize the division's statewide
enforcement actions, including civil penalties assessed.
Under current law, the division or commission, in an enforcement
action, cannot obtain a temporary restraining order or preliminary
injunction if there is probable cause that the temporary restraining order
or preliminary injunction would cause serious harm to the person affected
by the temporary restraining order or preliminary injunction or another
person or if the source to which the enforcement action pertains has
obtained a renewable operating permit and continues operations in
compliance with that permit. Section 4 repeals those limitations on
temporary restraining orders and preliminary injunctions. Section 4 also
authorizes a district attorney or the attorney general to seek injunctive
relief to reduce the potential for a recurrence of a violation.
Sections 5 and 6 clarify that the division has authority to impose
civil penalties for violations of requirements related to toxic air
contaminants, fenceline and community-based monitoring, and, if enacted
in House Bill 24-1338, petroleum refinery emissions monitoring.
Section 8 authorizes the director of the energy and carbon
management commission (ECMC) to hire at least 2 community liaisons
to serve as dedicated resources for disproportionately impacted
communities, and section 12 authorizes funding of the community liaison
positions from the energy and carbon management cash fund.
Under current law, an oil and gas operator (operator) is required
to obtain a permit from the ECMC to commence oil and gas drilling
operations. Section 9 requires the operator to also obtain from the ECMC
a license to conduct oil and gas operations. Section 9 also requires
operators to take actions in accordance with ECMC rules to reduce
certain emissions of NOx generated from oil and gas production and
preproduction operations. The ECMC is also required, in consultation
with the department, to adopt rules to require enhanced systems and
practices to avoid, minimize, and mitigate emissions of ozone precursors
from oil and gas operations at newly permitted oil and gas locations in
certain parts of the state.
Section 10 limits a court's authority to postpone the effective date
of an ECMC order suspending or revoking an operator's license to
conduct oil and gas operations or a certificate of clearance, requiring the
court to first consider various factors, including whether the moving party
would face real, immediate, and irreparable injury if the effective date is
not postponed and the effect that such postponement would have on the
public interest.
Section 11 expands the ECMC's enforcement authority to include
revoking an operator's license to conduct oil and gas operations and
expands the types of violations that are subject to suspension of all of the
229
-2- operator's permits and certificates of clearance and the operator's license
to conduct oil and gas operations to include violations resulting in a
penalty of $1,000,000 or more, violations that cause a major adverse
impact, as defined by the ECMC by rule, and violations that cause death
or serious bodily injury.
Section 13 expands the scope of the orphaned wells mitigation
enterprise to help finance the plugging, reclamation, and remediation of
marginal wells that are at the highest risk of becoming orphaned.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and determines that:3
(a) Emissions of ozone precursors, such as oxides of nitrogen4
(NOx) and volatile organic compounds, contribute to the formation of5
ozone and to public health impacts for individuals exposed to higher6
levels of air pollution;7
(b) Oil and gas activities are among the largest anthropogenic8
contributors to ozone precursor emissions in the ozone nonattainment9
area;10
(c) Sources of NOx from upstream oil and gas operations present11
significant opportunities to reduce ozone precursors and improve public12
health;13
(d) Residents of disproportionately impacted communities in the14
ozone nonattainment area may be exposed to higher levels of NOx than15
other Coloradans;16
(e) The air quality control commission adopted rules in December17
2023 designed to achieve a thirty percent reduction in NOx emissions18
generated by upstream oil and gas operations, including preproduction19
operations, by 2025;20
(f) Despite efforts to reduce ozone precursor emissions in the21
229-3- ozone nonattainment area, more work is necessary to protect public1
health;2
(g) State agencies cannot improve air quality through regulations3
alone and need more permitting and enforcement authority to ensure4
compliance with the state's environmental statutes and rules; and5
(h) Transparency for the public regarding the state's efforts is6
critical.7
(2) Therefore, the general assembly declares that:8
(a) Both the Colorado department of public health and9
environment and the energy and carbon management commission need10
to do more, both together and individually, to address the state's ozone11
problems;12
(b) More accountability for sources of pollution and for the state13
will build public trust and improve air quality;14
(c) The Colorado department of public health and environment's15
air pollution control division should consider more stringent approaches16
in the process of conducting dispersion modeling of proposed sources of17
increased NOx to better protect residents of disproportionately impacted18
communities in the ozone nonattainment area;19
(d) Further action needs to be taken to require steady, measurable20
emission reductions from upstream oil and gas operations, including21
preproduction operations, to ensure the oil and gas industry adequately22
contributes to ozone precursor pollution reductions; and23
(e) The energy and carbon management commission should24
encourage and facilitate the plugging, abandonment, and remediation of25
marginal wells to address emissions of ozone precursors from production26
activities, especially in disproportionately impacted communities.27
229
-4- SECTION 2. In Colorado Revised Statutes, 25-7-109, add1
(10)(d) as follows:2
25-7-109. Commission to promulgate emission control3
regulations. (10) (d) O
N OR BEFORE AUGUST 31, 2026, THE DIVISION4
SHALL PROPOSE RULES DESIGNED TO REDUCE EMISSIONS OF OXIDES OF5
NITROGEN (NOX) GENERATED BY UPSTREAM OIL AND GAS OPERATIONS , AS6
DEFINED BY THE COMMISSION BY RULE , INCLUDING PREPRODUCTION7
OPERATIONS, BETWEEN MAY 1 AND SEPTEMBER 30 IN THE EIGHT-HOUR8
OZONE CONTROL AREA AND NORTHERN WELD COUNTY, AS THOSE TERMS9
ARE DEFINED BY THE COMMISSION BY RULE , BY FIFTY PERCENT BY 203010
RELATIVE TO 2017 NOX EMISSION LEVELS. NOX EMISSION LEVELS ARE11
CHARACTERIZED BY THE MOST RECENT STATE INVENTORY OF NOX12
EMISSIONS FOR 2017 THAT THE COMMISSION ADOPTED FOR THE PURPOSE13
OF INCLUSION IN THE STATE IMPLEMENTATION PLAN FOR THE 201514
EIGHT-HOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARD , OR AS15
PUBLISHED CONCURRENTLY WITH PROPOSED RULES CONSISTENT WITH THIS16
SUBSECTION (10)(d) IN A NOTICE OF PROPOSED RULE-MAKING PUBLISHED17
IN ACCORDANCE WITH SECTION 25-7-110 (1).18
SECTION 3. In Colorado Revised Statutes, 25-7-115, amend19
(3)(b)(III) introductory portion and (3)(b)(III)(C); and add20
(3)(b)(III)(C.5), (12), and (13) as follows:21
25-7-115. Enforcement - civil actions - definitions - reporting22
- repeal. (3) (b) (III) The order
ISSUED IN ACCORDANCE WITH23
SUBSECTION (3)(b)(I) OF THIS SECTION may:24
(C) In addition to civil penalties, include a requirement to perform25
one or more projects to mitigate violations related to excess emissions;26
and
27
229
-5- (C.5) IN ADDITION TO CIVIL PENALTIES, INCLUDE A REQUIREMENT1
TO PERFORM ONE OR MORE PROJECTS TO REDUCE THE POTENTIAL FOR A2
RECURRENCE OF A VIOLATION FOR WHICH THE DIVISION COMMENCED3
ENFORCEMENT PURSUANT TO SUBSECTION (2)(c)(I) OF THIS SECTION; AND4
(12) (a) (I) O
N OR BEFORE DECEMBER 31, 2024, THE DIVISION5
SHALL PREPARE AN AIR QUALITY ENFORCEMENT BENCHMARK REPORT AND6
POST THE REPORT ON THE DIVISION'S WEBSITE. THE REPORT MUST COVER7
THE FEDERAL FISCAL YEARS FROM OCTOBER 1, 2019, THROUGH8
S
EPTEMBER 30, 2023, AND INCLUDE THE FOLLOWING STATEWIDE9
INFORMATION:10
(A) T
HE TOTAL NUMBER OF ENFORCEMENT ACTIONS THAT THE11
DIVISION COMMENCED PURSUANT TO SUBSECTION (2)(c)(I) OF THIS12
SECTION;13
(B) T
HE TOTAL NUMBER OF DECISIONS NOT TO IMPOSE A PENALTY14
FOR AN ENFORCEMENT ACTION THAT THE DIVISION COMMENCED15
PURSUANT TO SUBSECTION (2)(c)(I) OF THIS SECTION;16
(C) T
HE TOTAL NUMBER OF ENFORCEMENT ACTIONS THAT THE17
DIVISION RESOLVED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION;18
AND19
(D) W
ITH RESPECT TO CIVIL PENALTIES ASSESSED PURSUANT TO20
SECTION 25-7-122 (1)(b), THE TOTAL AMOUNT OF CIVIL PENALTIES , THE21
AVERAGE CIVIL PENALTY, THE MEDIAN CIVIL PENALTY, THE HIGHEST CIVIL22
PENALTY, AND THE LOWEST CIVIL PENALTY.23
(II) T
HIS SUBSECTION (12)(a) IS REPEALED, EFFECTIVE JULY 1,24
2025.25
(b) O
N OR BEFORE APRIL 1, 2025, AND ON OR BEFORE FEBRUARY26
1
OF EACH YEAR THEREAFTER , THE DIVISION SHALL PREPARE AN AIR27
229
-6- QUALITY ENFORCEMENT REPORT AND POST THE REPORT ON THE DIVISION 'S1
WEBSITE. THE FIRST REPORT MUST COVER THE FEDERAL FISCAL YEAR2
STARTING OCTOBER 1, 2023, THROUGH SEPTEMBER 30, 2024, AND EACH3
SUBSEQUENT REPORT MUST COVER THE FEDERAL FISCAL YEAR PERIOD OF4
O
CTOBER 1 THROUGH SEPTEMBER 30 PRECEDING THE ISSUANCE OF THE5
REPORT. THE REPORTS PREPARED PURSUANT TO THIS SUBSECTION (12)(b)6
MUST INCLUDE THE FOLLOWING STATEWIDE INFORMATION :7
(I) T
HE TOTAL NUMBER OF ENFORCEMENT ACTIONS THAT THE8
DIVISION COMMENCED PURSUANT TO SUBSECTION (2)(c)(I) OF THIS9
SECTION;10
(II) T
HE NUMBER OF COMPLAINTS RECEIVED PURSUANT TO11
SUBSECTION (2)(a) OF THIS SECTION THAT RESULTED IN AN ENFORCEMENT12
ACTION THAT THE DIVISION COMMENCED UNDER SUBSECTION (2)(c)(I) OF13
THIS SECTION AND THE IDENTIFYING CASE NUMBER ;14
(III) T
HE TOTAL NUMBER OF DECISIONS NOT TO IMPOSE A PENALTY15
FOR AN ENFORCEMENT ACTION THAT THE DIVISION COMMENCED16
PURSUANT TO SUBSECTION (2)(c)(I) OF THIS SECTION;17
(IV) T
HE TOTAL NUMBER OF FORMAL ENFORCEMENT ACTIONS18
THAT THE DIVISION RESOLVED PURSUANT TO SUBSECTION (3)(b) OF THIS19
SECTION AND THE TOTAL NUMBER OF ACTIONS THAT INCLUDED20
VIOLATIONS WITHIN AREAS OF CONCERN , SUCH AS:21
(A) T
HE AREA THAT THE UNITED STATES ENVIRONMENTAL22
PROTECTION AGENCY HAS DESIGNATED AN OZONE NONATTAINMENT AREA ;23
AND24
(B) A
N AREA THAT IS IN A DISPROPORTIONATELY IMPACTED25
COMMUNITY; AND26
(V) W
ITH RESPECT TO CIVIL PENALTIES ASSESSED PURSUANT TO27
229
-7- SECTION 25-7-122 (1)(b), THE TOTAL AMOUNT OF CIVIL PENALTIES , THE1
AVERAGE CIVIL PENALTY, THE MEDIAN CIVIL PENALTY, THE HIGHEST CIVIL2
PENALTY, THE LOWEST CIVIL PENALTY, AND THE TOTAL AMOUNT OF CIVIL3
PENALTIES ASSESSED FOR EACH ACTION THAT INCLUDES VIOLATIONS IN4
AREAS OF CONCERN, SUCH AS:5
(A) T
HE AREA THAT THE UNITED STATES ENVIRONMENTAL6
PROTECTION AGENCY HAS DESIGNATED AN OZONE NONATTAINMENT AREA ;7
AND8
(B) A
N AREA THAT IS IN A DISPROPORTIONATELY IMPACTED9
COMMUNITY.10
(13) T
HE DIVISION SHALL IMPLEMENT AN AIR QUALITY11
ENFORCEMENT E-MAIL MAILING GROUP OR A SIMILAR COMMUNICATION12
FUNCTION TO SHARE ENFORCEMENT -RELATED UPDATES WITH INTERESTED13
PARTIES THAT OPT IN TO THE E -MAIL MAILING GROUP OR SIMILAR14
COMMUNICATION FUNCTION . THE DIVISION MAY SHARE INFORMATION15
THROUGH THE E-MAIL MAILING GROUP OR SIMILAR COMMUNICATION16
FUNCTION THAT INCLUDES:17
(a) A
NOTICE OF VIOLATION OR NONCOMPLIANCE SENT PURSUANT18
TO SUBSECTION (2)(c)(I) OF THIS SECTION;19
(b) A
SETTLEMENT OR OTHER ORDER ISSUED PURSUANT TO20
SUBSECTION (3)(b) OF THIS SECTION TO RESOLVE A CASE; AND21
(c) A
LINK TO THE ANNUAL AIR QUALITY ENFORCEMENT22
BENCHMARK REPORT THAT THE DIVISION PREPARES PURSUANT TO23
SUBSECTION (12) OF THIS SECTION.24
SECTION 4. In Colorado Revised Statutes, amend 25-7-121 as25
follows:26
25-7-121. Injunctions. (1) In the event any person fails to27
229
-8- comply with a final order of the division or the commission that is not1
subject to stay pending administrative or judicial review or in the event2
any person violates any emission control regulation of the commission,3
the requirements of the state implementation plan, or any provision of
OR4
COMMISSION RULE ADOPTED PURSUANT TO parts 1 to 4 of this article
5
ARTICLE 7, including any term or condition contained in any permit6
required under this article ARTICLE 7, the division or the commission, as7
the case may be, may request the district attorney for the district in which8
the alleged violation occurs or the attorney general to bring, and if so9
requested it is his or her THE DISTRICT ATTORNEY'S OR THE ATTORNEY10
GENERAL'S duty to bring, a suit for an injunction to:11
(a) Prevent any further or continued violation;12
(b) R
EDUCE THE POTENTIAL FOR A RECURRENCE OF A VIOLATION13
FOR WHICH THE DIVISION HAS PREVIOUSLY COMMENCED ENFORCEMENT14
PURSUANT TO SECTION 25-7-115 (2)(c)(I); OR15
(c) O
BTAIN ANY PERMIT REQUIRED TO CONSTRUCT OR OPERATE .16
(2) In any proceedings brought pursuant to this section to enforce
17
an order of the division or the commission, a temporary restraining order18
or preliminary injunction, if sought, shall not issue if there is probable19
cause to believe that granting such temporary restraining order or20
preliminary injunction will cause serious harm to the affected person or21
any other person and:22
(a) That the alleged violation or activity to which the order23
pertains will not continue or be repeated; or24
(b) That granting such temporary restraining order or preliminary25
injunction would be without sufficient corresponding public benefit.26
(3) Notwithstanding any other provision in this section, no action27
229
-9- for injunction may be taken where the source has obtained a renewable1
operating permit and conducts its operations in compliance with the2
permit terms, as provided in section 25-7-114.4 (3).3
SECTION 5. In Colorado Revised Statutes, 25-7-122, amend4
(1)(b) introductory portion, (1)(c), (2)(a)(I), (2)(a)(II), (2)(a)(III),5
(2)(a)(VIII), (2)(a)(IX), (2)(b) introductory portion, and (2)(b)(IV);6
repeal (2)(b)(V) and (3); and add (2)(a)(X) as follows:7
25-7-122. Civil penalties - rules - definitions. (1) Upon8
application of the division, the division may collect penalties as9
determined under this article 7 by instituting an action in the district court10
for the district in which the air pollution source affected is located, in11
accordance with the following provisions:12
(b) Any person who violates any requirement or prohibition of
A13
FINAL ORDER OF THE DIVISION OR COMMISSION , an applicable emission14
control regulation of the commission, the state implementation plan, a15
construction permit, any provision for the prevention of significant16
deterioration under part 2 of this article 7, any provision related to17
attainment under part 3 of this article 7, or
ANY PROVISION OF OR18
COMMISSION RULE ADOPTED PURSUANT TO section 25-7-105, 25-7-106,19
25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112,20
25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-206,21
25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404, 42-4-405,22
42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil23
penalty of not more than forty-seven thousand three hundred fifty-seven24
dollars per day for each day of the violation; except that:25
(c) Any person failing to comply with the provisions of section26
25-7-114.1 shall be subject to a civil penalty of not more than five
27
229
-10- hundred ONE THOUSAND dollars PER DAY PER VIOLATION.1
(2) (a) In determining the amount of any civil penalty, the division2
shall consider the following factors:3
(I) The violator's compliance history,
INCLUDING THE COMPLIANCE4
HISTORY OF THE VIOLATOR'S CORPORATE AFFILIATES, SUBSIDIARIES, AND5
PARENT ORGANIZATIONS;6
(II) L
ACK OF good faith efforts on behalf of the violator to7
comply;8
(III) Payment by the violator of penalties previously assessed for
9
the same violation WHETHER THE VIOLATOR PREVIOUSLY COMMITTED THE10
SAME OR A SIMILAR VIOLATION, REGARDLESS OF WHETHER THE DIVISION11
OR COMMISSION COMMENCED AN ENFORCEMENT ACTION PURSUANT TO12
SECTION 25-7-115 FOR ANY SUCH VIOLATION;13
(VIII) Whether legal and factual theories were advanced for14
purposes of delay; and15
(IX) The severity of the violation or noncompliance;
AND16
(X) W
HETHER THE VIOLATION OCCURRED WITHIN OR IMPACTED A17
DISPROPORTIONATELY IMPACTED COMMUNITY .18
(b) In addition to the factors set forth in paragraph (a) of this
19
subsection (2) SUBSECTION (2)(a) OF THIS SECTION, THE DIVISION SHALL20
CONSIDER the following circumstances shall be considered as grounds for21
reducing or eliminating civil penalties:22
(IV) Substantial economic impact of a penalty on the violator;23
AND24
(V) Nonfeasance; and
25
(3) Notwithstanding any other provision in this section, no action26
for civil enforcement of this article may be taken where the source has27
229
-11- obtained a renewable operating permit and conducts its operations in1
compliance with the permit terms, as provided in section 25-7-114.4 (3).2
SECTION 6. In Colorado Revised Statutes, 25-7-122, amend3
(1)(b) introductory portion, (1)(c), (2)(a)(I), (2)(a)(II), (2)(a)(III),4
(2)(a)(VIII), (2)(a)(IX), (2)(b) introductory portion, and (2)(b)(IV);5
repeal (2)(b)(V) and (3); and add (2)(a)(X) as follows:6
25-7-122. Civil penalties - rules - definitions. (1) Upon7
application of the division, the division may collect penalties as8
determined under this article 7 by instituting an action in the district court9
for the district in which the air pollution source affected is located, in10
accordance with the following provisions:11
(b) Any person who violates any requirement or prohibition of
A12
FINAL ORDER OF THE DIVISION OR COMMISSION , an applicable emission13
control regulation of the commission, the state implementation plan, a14
construction permit, any provision for the prevention of significant15
deterioration under part 2 of this article 7, any provision related to16
attainment under part 3 of this article 7, or
ANY PROVISION OF OR17
COMMISSION RULE ADOPTED PURSUANT TO section 25-7-105, 25-7-106,18
25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112,19
25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141,
25-7-146,20
25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404,21
42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject22
to a civil penalty of not more than forty-seven thousand three hundred23
fifty-seven dollars per day for each day of the violation; except that:24
(c) Any person failing to comply with the provisions of section25
25-7-114.1 shall be subject to a civil penalty of not more than five
26
hundred ONE THOUSAND dollars PER DAY PER VIOLATION.27
229
-12- (2) (a) In determining the amount of any civil penalty, the division1
shall consider the following factors:2
(I) The violator's compliance history,
INCLUDING THE COMPLIANCE3
HISTORY OF THE VIOLATOR'S CORPORATE AFFILIATES, SUBSIDIARIES, AND4
PARENT ORGANIZATIONS;5
(II) L
ACK OF good faith efforts on behalf of the violator to6
comply;7
(III) Payment by the violator of penalties previously assessed for
8
the same violation WHETHER THE VIOLATOR PREVIOUSLY COMMITTED THE9
SAME OR A SIMILAR VIOLATION, REGARDLESS OF WHETHER THE DIVISION10
OR COMMISSION COMMENCED AN ENFORCEMENT ACTION PURSUANT TO11
SECTION 25-7-115 FOR ANY SUCH VIOLATION;12
(VIII) Whether legal and factual theories were advanced for13
purposes of delay; and14
(IX) The severity of the violation or noncompliance;
AND15
(X) W
HETHER THE VIOLATION OCCURRED WITHIN OR IMPACTED A16
DISPROPORTIONATELY IMPACTED COMMUNITY .17
(b) In addition to the factors set forth in paragraph (a) of this
18
subsection (2) SUBSECTION (2)(a) OF THIS SECTION, THE DIVISION SHALL19
CONSIDER the following circumstances shall be considered as grounds for20
reducing or eliminating civil penalties:21
(IV) Substantial economic impact of a penalty on the violator;22
AND23
(V) Nonfeasance; and
24
(3) Notwithstanding any other provision in this section, no action25
for civil enforcement of this article may be taken where the source has26
obtained a renewable operating permit and conducts its operations in27
229
-13- compliance with the permit terms, as provided in section 25-7-114.4 (3).1
SECTION 7. In Colorado Revised Statutes, 25-7-114.5, amend2
(3) as follows:3
25-7-114.5. Application review - public participation. (3) The4
division shall also determine whether applications are for a new source5
activity that may have an impact upon areas which, as of the projected6
new source start-up date, are in compliance with national ambient air7
quality standards as of the date of the permit application, or for new8
source activity that may have an impact upon areas which, as of the9
projected new source start-up date, are not in compliance with national10
ambient air quality standards as of the date of the permit application. IN11
IMPLEMENTING THIS SUBSECTION (3), THE DIVISION MAY CONSIDER MORE12
STRINGENT METHODS FOR NEW SOURCES OF OXIDES OF NITROGEN IN13
DISPROPORTIONATELY IMPACTED COMMUNITIES IN THE AREA DESIGNATED14
NONATTAINMENT FOR OZONE BY THE UNITED STATES ENVIRONMENTAL15
PROTECTION AGENCY.16
SECTION 8. In Colorado Revised Statutes, 34-60-103, add (4.2)17
as follows:18
34-60-103. Definitions. As used in this article 60, unless the19
context otherwise requires:20
(4.2) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE21
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).22
SECTION
9. In Colorado Revised Statutes, 34-60-104.5, amend23
(2)(d)(I); and add (2)(d)(III) as follows:24
34-60-104.5. Director of commission - duties. (2) The director25
of the commission shall:26
(d) (I) Appoint, pursuant to section 13 of article XII of the state27
229
-14- constitution, such clerical and professional staff and consultants as may1
be necessary for the efficient and effective operation of the commission,2
including at least one and up to OR two deputy directors; and3
(III) A
PPOINT AT LEAST TWO COMMUNITY LIAISONS TO SERVE AS4
DEDICATED RESOURCES FOR DISPROPORTIONATELY IMPACTED5
COMMUNITIES REGARDING COMMISSION REGULATION . THE COMMUNITY6
LIAISONS SHALL PERFORM DUTIES INCLUDING :7
(A) S
ERVING AS AN ADVOCATE FOR DISPROPORTIONATELY8
IMPACTED COMMUNITIES IN A NONLEGAL CAPACITY AND , WHILE TAKING9
INTO CONSIDERATION THE ENGAGEMENT PRACTICES DESCRIBED IN10
SECTION 24-4-109 (3)(b), ACTING AS A LIAISON BETWEEN11
DISPROPORTIONATELY IMPACTED COMMUNITY MEMBERS AND THE12
COMMISSION, INCLUDING WITH RESPECT TO COMMUNICATIONS REGARDING13
THE PERMITTING PROCESS;14
(B) P
ROVIDING COMMUNITY MEMBERS WITH RELEVANT15
INFORMATION REGARDING THIRD -PARTY RESOURCES SUCH AS LEGAL16
ASSISTANCE TO ASSIST COMMUNITY MEMBERS IN PRESENTING THEIR VIEWS17
TO THE COMMISSION;18
(C) W
ORKING TO IMPROVE THE RELATIONSHIPS AND INTERACTIONS19
BETWEEN DISPROPORTIONATELY IMPACTED COMMUNITIES AND THE20
COMMISSION;21
(D) A
CTING AS A RESOURCE FOR SHARING INFORMATION BETWEEN22
THE COMMISSION AND DISPROPORTIONATELY IMPACTED COMMUNITIES ;23
(E) E
NGAGING IN OUTREACH TO DISPROPORTIONATELY IMPACTED24
COMMUNITIES; AND25
(F) O
RGANIZING AND ATTENDING IN -PERSON MEETINGS WITHIN26
DISPROPORTIONATELY IMPACTED COMMUNITIES .27
229
-15- SECTION 10. In Colorado Revised Statutes, 34-60-106, amend1
(1)(f)(I)(B), (3), and (11)(c)(I); and add (1)(f)(I.5), (11)(c)(III), and (20.5)2
as follows:3
34-60-106. Additional powers of commission - rules -4
definitions - repeal. (1) The commission also shall require:5
(f) (I) That no operations for the drilling of a well for oil and gas6
shall be commenced without first:7
(B) Obtaining a permit from the commission, under rules8
prescribed by the commission; and9
(I.5) T
HAT OIL AND GAS OPERATIONS SHALL NOT OCCUR WITHOUT10
THE OPERATOR OBTAINING AND MAINTAINING ANY NECESSARY PERMITS11
AND A LICENSE TO CONDUCT OIL AND GAS OPERATIONS FROM THE12
COMMISSION, IN ACCORDANCE WITH RULES PROMULGATED BY THE13
COMMISSION; AND14
(3) The commission also has the authority to:15
(a) Limit the production of oil or gas, or both, from any pool or16
field for the prevention of waste, and to limit and to allocate the17
production from such pool or field among or between tracts of land18
having separate ownerships therein
IN THE TRACTS OF LAND, on a fair and19
equitable basis so that each such tract will be permitted to produce no20
more than its just and equitable share from the pool and so as to prevent,21
insofar as is practicable, reasonably avoidable drainage from each such22
tract which THAT is not equalized by counter-drainage; and23
(b) Classify wells as oil or gas wells for purposes material to the24
interpretation or enforcement of this article ARTICLE 60;25
(c) A
FTER CONSULTATION WITH THE DIVISION OF ADMINISTRATION26
IN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , REQUIRE27
229
-16- OPERATORS TO TAKE SUCH ACTIONS BETWEEN MAY 1 AND SEPTEMBER 301
OF EACH YEAR TO REDUCE EMISSIONS OF OXIDES OF NITROGEN (NOX)2
GENERATED FROM PRODUCTION AND PREPRODUCTION OPERATIONS AS THE3
COMMISSION DEEMS APPROPRIATE TO ASSURE COMPLIANCE WITH :4
(I) NO
X INTENSITY TARGETS; AND5
(II) O
THER NOX RULES THAT THE AIR QUALITY CONTROL6
COMMISSION ADOPTS BY RULE TO ACHIEVE SECTOR -WIDE COMPLIANCE7
WITH THE STATE'S 2030 GOALS FOR NOX EMISSION REDUCTIONS; AND8
(d) W
HEN REQUIRING OPERATORS TO TAKE ACTION PURSUANT TO9
SUBSECTION (3)(c) OF THIS SECTION, PRIORITIZE ACTIONS BY THOSE10
OPERATORS THAT DO NOT DEMONSTRATE COMPLIANCE WITH ANY11
APPLICABLE NOX INTENSITY TARGETS OR OTHER NOX RULES THAT THE12
AIR QUALITY CONTROL COMMISSION ADOPTS TO ACHIEVE SECTOR -WIDE13
COMPLIANCE WITH THE STATE 'S 2030 GOALS FOR NOX EMISSION14
REDUCTIONS.15
(11) (c) The commission shall adopt rules that:16
(I) Adopt an alternative location analysis process and specify17
criteria used to identify oil and gas locations and facilities proposed to be18
located near populated areas that will be subject to the alternative location19
analysis process; and
20
(III) I
N CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH21
AND ENVIRONMENT, REQUIRE ENHANCED SYSTEMS AND PRACTICES TO22
AVOID, MINIMIZE, AND MITIGATE EMISSIONS OF OZONE PRECURSORS FROM23
OPERATIONS AT NEWLY PERMITTED OIL AND GAS LOCATIONS IN THE24
EIGHT-HOUR OZONE CONTROL AREA AND NORTHERN WELD COUNTY, AS25
THOSE TERMS ARE DEFINED BY THE AIR QUALITY CONTROL COMMISSION BY26
RULE. IN ADOPTING THE RULES PURSUANT TO THIS SUBSECTION27
229
-17- (11)(c)(III), THE COMMISSION SHALL:1
(A) B
Y SEPTEMBER 30, 2024, ADOPT AN INITIAL LIST OF ENHANCED2
SYSTEMS AND PRACTICES CONSIDERING THE BEST MANAGEMENT3
PRACTICES THAT HAVE BEEN RECOMMENDED BY THE DEPARTMENT OF4
PUBLIC HEALTH AND ENVIRONMENT IN CONSULTATION WITH OPERATORS ;5
(B) C
ONSIDER A PROPOSED OIL AND GAS LOCATION 'S POTENTIAL6
TO CONTRIBUTE TO ADVERSE IMPACTS THROUGH EMISSIONS OF OZONE7
PRECURSORS;8
(C) C
ONSIDER ANY AVAILABLE PHOTOCHEMICAL SENSITIVITY9
MODELING ANALYSES CONDUCTED BY THE DEPARTMENT OF PUBLIC10
HEALTH AND ENVIRONMENT ; AND11
(D) E
VALUATE THE POTENTIAL FOR UPDATES TO THE REQUIRED12
ENHANCED SYSTEMS AND PRACTICES PERIODICALLY TO ACCOUNT FOR13
EVOLVING DESIGN, OPERATIONAL PROCEDURES , AND TECHNOLOGIES TO14
REDUCE OZONE PRECURSORS .15
(20.5) T
HE COMMISSION SHALL ADMINISTER THIS ARTICLE 60 IN A16
MANNER TO MINIMIZE ADVERSE IMPACTS TO DISPROPORTIONATELY17
IMPACTED COMMUNITIES THAT ARE NEGATIVELY AFFECTED BY OIL AND18
GAS OPERATIONS.19
SECTION
11. In Colorado Revised Statutes, amend 34-60-11120
as follows:21
34-60-111. Judicial review. (1) E
XCEPT AS PROVIDED IN22
SUBSECTION (2) OF THIS SECTION, any rule, regulation, or final order of the23
commission shall be
IS subject to judicial review in accordance with the24
provisions of section 24-4-106. C.R.S. The commission shall IS not be25
required to post bond in any proceeding for judicial review.26
(2) N
OTWITHSTANDING SECTION 24-4-106 (5), A COURT OF27
229
-18- COMPETENT JURISDICTION MAY POSTPONE THE EFFECTIVE DATE OF A1
COMMISSION ORDER SUSPENDING OR REVOKING AN OPERATOR 'S LICENSE2
TO CONDUCT OIL AND GAS OPERATIONS OR A CERTIFICATE OF CLEARANCE3
AND SUBJECT TO REVIEW AS A FINAL AGENCY ACTION PURSUANT TO4
SECTION 24-4-106 ONLY UPON A DEMONSTRATION BY THE MOVING PARTY5
THAT:6
(a) T
HE MOVING PARTY HAS A REASONABLE PROBABILITY OF7
SUCCESS ON THE MERITS IN THE UNDERLYING JUDICIAL PROCEEDING ;8
(b) R
EAL, IMMEDIATE, AND IRREPARABLE INJURY TO THE MOVING9
PARTY WOULD OTHERWISE RESULT ;10
(c) P
OSTPONING THE EFFECTIVE DATE OF THE COMMISSION ORDER11
WILL NOT DISSERVE THE PUBLIC INTEREST; AND12
(d) I
N CONSIDERATION OF THE BALANCE OF EQUITIES , INCLUDING13
CONSIDERATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH ,14
SAFETY, AND WELFARE AND THE PROTECTION OF THE ENVIRONMENT AND15
WILDLIFE RESOURCES, THE BALANCE FAVORS THE POSTPONEMENT .16
SECTION
12. In Colorado Revised Statutes, 34-60-121, amend17
(5)(a), (6), and (7) as follows:18
34-60-121. Violations - investigations - penalties - rules -19
definition - legislative declaration. (5) (a) If an operator fails to take20
corrective action required pursuant to subsection (4) of this section, or21
whenever the commission or the director has evidence that a violation of22
any provision of this article ARTICLE 60, or of any rule, regulation, or23
order of the commission, or of any permit has occurred, under24
circumstances deemed to constitute an emergency situation
OR UNDER25
CIRCUMSTANCES THAT CAUSE OR THREATEN TO CAUSE A SIGNIFICANT26
ADVERSE IMPACT TO PUBLIC HEALTH , SAFETY, WELFARE, THE27
229
-19- ENVIRONMENT, OR WILDLIFE RESOURCES THAT REQUIRE IMMEDIATE1
ACTION, the commission or the director may issue a cease-and-desist2
order to the operator whose act or omission allegedly resulted in such THE3
violation. Such THE cease-and-desist order shall MUST require such action4
by the operator as the commission or director deems appropriate. The5
order shall be served personally or by certified mail, return receipt6
requested, to the operator or the operator's agent for service of process7
and shall MUST state the provision alleged to have been violated, the facts8
alleged to constitute the violation, the time by which the acts or practices9
cited are required to cease, and any corrective action the commission or10
the director elects to require of the operator.11
(6) If the commission determines, after a hearing conducted in12
accordance with section 34-60-108, that an operator has failed to perform13
any corrective action imposed under subsection (4) of this section or14
failed to comply with a cease-and-desist order issued under subsection (5)15
of this section, with regard to a violation of a permit provision, the16
commission may issue an order suspending, modifying, or revoking such17
THE OPERATOR'S permit OR PERMITS OR SUSPENDING OR REVOKING THE18
OPERATOR'S LICENSE TO CONDUCT OIL AND GAS OPERATIONS or may take19
other appropriate action. An operator subject to an order that suspends,20
modifies, or revokes a permit
OR THAT SUSPENDS OR REVOKES THE21
OPERATOR'S LICENSE TO CONDUCT OIL AND GAS OPERATIONS shall22
continue the affected operations only for the purpose of bringing them23
into compliance with the permit or modified permit and shall do so under24
the supervision of the commission. Once the affected operations are in25
compliance to the satisfaction of the commission and any penalty not26
subject to judicial review or appeal has been paid, the commission shall
27
229
-20- MAY reinstate the permit OR THE LICENSE TO CONDUCT OIL AND GAS1
OPERATIONS.2
(7) (a) The commission or the director shall issue an order to an3
operator to appear for a hearing before the commission in accordance4
with section 34-60-108 whenever the commission or the director has5
evidence that an operator is responsible for:6
(I) Gross negligence or knowing and willful misconduct that7
results in an egregious violation; or8
(II) A pattern of violation of this article ARTICLE 60, any rule or9
order of the commission, or any permit;10
(III) A
VIOLATION OF THIS ARTICLE 60, ANY RULE OR ORDER OF11
THE COMMISSION, OR ANY PERMIT, IF SUCH VIOLATION RESULTS IN A12
COMMISSION ORDER IMPOSING A PENALTY OF ONE MILLION DOLLARS OR13
MORE;14
(IV) A
VIOLATION THAT CAUSED A MAJOR ADVERSE IMPACT , AS15
DEFINED IN THE COMMISSION 'S RULES, TO PUBLIC HEALTH, SAFETY,16
WELFARE, THE ENVIRONMENT , OR WILDLIFE RESOURCES AND THE17
VIOLATION IS THE THIRD VIOLATION IN THE STATE IN ONE YEAR THAT18
CAUSED A MAJOR ADVERSE IMPACT , AS DEFINED IN THE COMMISSION'S19
RULES, TO PUBLIC HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, OR20
WILDLIFE RESOURCES; OR21
(V) A
VIOLATION THAT CAUSED DEATH OR SERIOUS BODILY INJURY22
TO AN INDIVIDUAL.23
(b) If the commission finds, after such
THE hearing CONDUCTED24
PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION, that the operator is25
responsible under the legal standards specified in paragraph (a) of this26
subsection (7), it SUBSECTION (7)(a) OF THIS SECTION, THE COMMISSION27
229
-21- may issue an order that prohibits the issuance of any new permits to the1
operator, suspends any or all of the operator's certificates of clearance,2
SUSPENDS THE OPERATOR 'S LICENSE TO CONDUCT OIL AND GAS3
OPERATIONS, or both. When
ANY COMBINATION OF THE THREE . IF the4
operator demonstrates to the satisfaction of the commission that it THE5
OPERATOR has brought each of the violations into compliance and that6
any penalty not subject to judicial review or appeal has been paid, the7
commission may vacate the order.8
(c) I
N A HEARING CONDUCTED PURSUANT TO THIS SUBSECTION (7),9
THE COMMISSION MAY CONSIDER AS EVIDENCE VIOLATIONS FOR WHICH10
ENFORCEMENT WAS COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS11
SUBSECTION (7), AS AMENDED, IN DETERMINING WHETHER TO PROHIBIT12
THE ISSUANCE OF ANY NEW PERMITS TO THE OPERATOR , SUSPEND ANY OR13
ALL OF THE OPERATOR'S CERTIFICATES OF CLEARANCE , SUSPEND THE14
OPERATOR'S LICENSE TO CONDUCT OIL AND GAS OPERATIONS , OR ANY15
COMBINATION OF THE THREE.16
SECTION
13. In Colorado Revised Statutes, 34-60-124, amend17
(4)(e)(II) and (4)(f); and add (4)(g) as follows:18
34-60-124. Energy and carbon management cash fund -19
definitions - repeal. (4) The fund may be expended:20
(e) (II) This subsection (4)(e) is repealed, effective July 1, 2025.21
and22
(f) To create and maintain the website described in section23
34-60-106 (22);
AND24
(g) B
Y THE COMMISSION TO FUND THE COMMUNITY LIAISON25
POSITIONS APPOINTED PURSUANT TO SECTION 34-60-104.5 (2)(d)(III).26
SECTION
14. In Colorado Revised Statutes, 34-60-133, amend27
229
-22- (1)(a)(II) and (1)(a)(III); and add (1.5), (2)(e.5), (6)(d)(I.5), and (8)(d.5)1
as follows:2
34-60-133. Orphaned wells mitigation enterprise - creation -3
powers and duties - enterprise board created - mitigation fees - cash4
fund created - rules - definitions - legislative declaration.5
(1) Enterprise created. (a) The orphaned wells mitigation enterprise is6
created in the department for the purpose of:7
(II) Funding the plugging, reclaiming, and remediating of8
orphaned wells
AND MARGINAL WELLS in the state;9
(III) Ensuring that the costs associated with plugging, reclaiming,10
and remediating orphaned wells
AND MARGINAL WELLS are borne by11
operators in the form of mitigation fees; and12
(1.5) Legislative declaration. T
HE GENERAL ASSEMBLY FINDS13
AND DECLARES THAT:14
(a) O
RPHANED WELLS AND MARGINAL WELLS PRESENT RISKS TO15
PUBLIC HEALTH, SAFETY, AND WELFARE, INCLUDING RISKS TO THE16
ENVIRONMENT AND WILDLIFE RESOURCES ;17
(b) E
NVIRONMENTAL JUSTICE IS A PRIORITY FOR THE STATE , AND18
THE ENTERPRISE BOARD SHOULD ADMINISTER THIS SECTION IN A MANNER19
THAT REDUCES BURDENS ON OVERBURDENED COMMUNITIES ;20
(c) T
HE ENTERPRISE HELPS MITIGATE RISKS BY PLUGGING ,21
RECLAIMING, AND REMEDIATING ORPHANED WELLS AND THOSE MARGINAL22
WELLS THAT ARE AT THE HIGHEST RISK OF BECOMING ORPHANED ;23
(d) A
LL OIL AND GAS WELLS WILL REQUIRE PLUGGING AND24
RECLAIMING AT THE END OF THEIR USEFUL LIFE;25
(e) M
ANY OIL AND GAS WELLS WILL REQUIRE REMEDIATION AT THE26
END OF THEIR USEFUL LIFE;27
229
-23- (f) PURSUANT TO SECTION 34-60-106, ALL OPERATORS ARE1
REQUIRED TO PROVIDE FINANCIAL ASSURANCE DEMONSTRATING THAT THE2
OPERATORS ARE FINANCIALLY CAPABLE OF FULFILLING EVERY OBLIGATION3
IMPOSED ON THE OPERATOR PURSUANT TO THIS ARTICLE 60, INCLUDING AN4
OPERATOR'S PLUGGING, RECLAMATION, AND REMEDIATION OBLIGATIONS;5
AND6
(g) T
HE SERVICES THAT THE ENTERPRISE PROVIDES BENEFIT ALL7
OPERATORS IN THE STATE BY:8
(I) M
ITIGATING THE RISKS OF AN OPERATOR'S OIL AND GAS WELL9
BECOMING AN ORPHANED WELL ; AND10
(II) P
LUGGING, RECLAIMING, AND REMEDIATING QUALIFYING11
MARGINAL WELLS AND ELIMINATING THE RISK OF SUCH QUALIFYING12
MARGINAL WELLS BECOMING ORPHANED WELLS .13
(2) Powers and duties. In addition to any other powers and duties14
specified in this section, the enterprise board has the following general15
powers and duties on behalf of the enterprise:16
(e.5) T
O ISSUE GUIDANCE ESTABLISHING STANDARDS FOR17
MARGINAL WELLS TO QUALIFY FOR FUNDING PURSUANT TO SUBSECTION18
(1)(a)(II)
OF THIS SECTION. IN ESTABLISHING THESE STANDARDS , THE19
ENTERPRISE BOARD SHALL CONSIDER :20
(I) A
N OIL AND GAS WELL 'S LOCATION IN OR NEAR A21
DISPROPORTIONATELY IMPACTED COMMUNITY OR A HIGHLY POPULATED22
AREA; AND23
(II) A
N OIL AND GAS WELL'S RISK OF ADVERSE IMPACTS ON PUBLIC24
HEALTH, SAFETY, WELFARE, THE ENVIRONMENT , AND WILDLIFE25
RESOURCES; AND26
(6) Cash fund. (d) Money credited to the fund is continuously27
229
-24- appropriated to the fund for use by the enterprise and shall be expended1
to:2
(I.5) P
LUG, RECLAIM, AND REMEDIATE QUALIFYING MARGINAL3
WELLS, AS DETERMINED BASED ON FACTORS THAT INCLUDE :4
(A) T
HE OIL AND GAS WELL 'S LOCATION IN OR NEAR A5
DISPROPORTIONATELY IMPACTED COMMUNITY OR A HIGHLY POPULATED6
AREA; AND7
(B) T
HE OIL AND GAS WELL'S RISK OF ADVERSE IMPACTS ON PUBLIC8
HEALTH, SAFETY, WELFARE, THE ENVIRONMENT , AND WILDLIFE9
RESOURCES;10
(8) Definitions. As used in this section, unless the context11
otherwise requires:12
(d.5) "M
ARGINAL WELL" MEANS AN OIL AND GAS WELL THAT13
PRESENTS A HIGH RISK OF BECOMING ORPHANED .14
SECTION
15. Appropriation. (1) For the 2024-25 state fiscal15
year, $753,157 is appropriated to the department of public health and16
environment. This appropriation is from the general fund. To implement17
this act, the department may use this appropriation as follows:18
(a) $312,865 for use by the air pollution control division for19
personal services related to stationary sources, which amount is based on20
an assumption that the division will require an additional 3.3 FTE;21
(b) $325,074 for use by the air pollution control division for22
operating expenses related to stationary sources; and23
(c) $115,218 for the purchase of legal services.24
(2) For the 2024-25 state fiscal year, $115,218 is appropriated to25
the department of law. This appropriation is from reappropriated funds26
received from the department of public health and environment under27
229
-25- subsection (1)(c) of this section and is based on an assumption that the1
department of law will require an additional 0.5 FTE. To implement this2
act, the department of law may use this appropriation to provide legal3
services for the department of public health and environment.4
(3) For the 2024-25 state fiscal year, $179,127 is appropriated to5
the department of natural resources for use by the energy and carbon6
management commission. This appropriation is from the energy and7
carbon management cash fund created in section 34-60-122 (5)(a),8
C.R.S., and is based on an assumption that the commission will require9
an additional 2.0 FTE. To implement this act, the commission may use10
this appropriation for program costs.11
SECTION 16. Effective date - applicability. (1) (a) Except as12
otherwise provided in this subsection (1), this act takes effect upon13
passage.14
(b) Section 6 of this act takes effect only if House Bill 24-133815
becomes law, in which case section 6 of this act takes effect upon16
passage.17
(c) Section 5 of this act takes effect only if House Bill 24-133818
does not become law, in which case section 5 of this act takes effect upon19
passage.20
(2) This act applies to enforcement actions commenced by the21
division of administration in the department of public health and22
environment and the energy and carbon management commission on or23
after the effective date of this act.24
SECTION 17. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
229
-26- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
229
-27-