Amendments for HB23-1233
House Journal, March 30
13 HB23-1233 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend printed bill, page 3, after line 3 insert:
18
19 "(a) Colorado has adopted economy-wide greenhouse gas
20 emission goals of, at minimum, a 26% reduction by 2025, a 50%
21 reduction by 2030, and a 90% reduction by 2050;
22 (b) The governor's "Colorado Greenhouse Gas Pollution
23 Reduction Roadmap", released on January 14, 2021, identified
24 transportation as a leading source of greenhouse gas pollution and
25 identified vehicle electrification as a key strategy for reducing greenhouse
26 gas pollution from the transportation sector;
27 (c) The general assembly has already declared, in SB19-077, that
28 widespread adoption of electric vehicles should provide consumers with
29 fuel cost savings and electric utility customers with potential cost-savings
30 benefits;".
31
32 Reletter succeeding paragraphs accordingly.
33
34 Page 4, line 19, strike "JANUARY" and substitute "MARCH".
35
36 Page 4, strike lines 20 through 27.
37
38 Page 5, strike line 1 and substitute "APPLICANT MUST COMPLY WITH THE
39 EV POWER TRANSFER INFRASTRUCTURE REQUIREMENTS FOR MULTIFAMILY
40 BUILDINGS IN THE MODEL ELECTRIC READY AND SOLAR READY CODE.
41 (b) (I) IF THE RULES ADOPTED IN ACCORDANCE WITH THIS
42 SUBSECTION (3) CONFLICT WITH A PROVISION OF THE BUILDING OR ZONING
43 CODE, THE RULES PREVAIL UNLESS THE PROVISION PROVIDES FOR GREATER
44 ACCESS TO PARKING SUPPLIED BY EV POWER TRANSFER INFRASTRUCTURE
45 THAN IS REQUIRED BY THE RULES.
46 (II) IF A PROVISION OF A LOCAL BUILDING OR ZONING CODE
47 PREVENTS A PROJECT OR DEVELOPMENT FROM COMPLYING WITH THE
48 RULES ADOPTED IN ACCORDANCE WITH THIS SUBSECTION (3), THEN THE
49 RULES PREVAIL.".
50
51 Page 5, strike lines 4 through 6 and substitute "BUILDINGS THAT MUST
52 COMPLY WITH THE EV POWER TRANSFER INFRASTRUCTURE REQUIREMENTS
53 OF THE MODEL ELECTRIC READY AND SOLAR READY CODE.".
54
55 Page 5, line 9, strike "JANUARY" and substitute "MARCH".
56
1 Page 5, after line 9 insert:
2
3 (III) IF AN ELECTRICAL PERMIT APPLICATION IS SUBMITTED TO A
4 LOCAL ELECTRICAL INSPECTION AUTHORITY BEFORE THE ENFORCEMENT
5 DATE IN SUBSECTION (3)(c)(II) OF THIS SECTION BUT AN ELECTRICAL
6 PERMIT HAS NOT YET BEEN ISSUED, THE LOCAL ELECTRICAL INSPECTION
7 AUTHORITY MAY DETERMINE HOW TO APPLY THE REQUIREMENTS OF THE
8 RULES DEVELOPED IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS
9 SECTION.".
10
11 Page 5, strike lines 14 through 19 and substitute:
12
13 "(II) "EV POWER TRANSFER INFRASTRUCTURE" MEANS ANY
14 SYSTEM THAT IS USED TO CHARGE ELECTRIC VEHICLES AND THAT IS
15 ADDRESSED IN OR REQUIRED BY THE MODEL ELECTRIC READY AND SOLAR
16 READY CODE.
17 (III) "MAJOR RENOVATIONS" MEANS RENOVATIONS THAT CHANGE
18 A MINIMUM OF FIFTY PERCENT OR MORE OF THE PARKING AREA.".
19
20 Renumber succeeding subparagraph accordingly.
21
22 Page 8, after line 22 insert:
23
24 "(I) COLORADO HAS ADOPTED ECONOMY-WIDE GREENHOUSE GAS
25 EMISSION GOALS OF, AT MINIMUM, A TWENTY-SIX PERCENT REDUCTION BY
26 2025, A FIFTY PERCENT REDUCTION BY 2030, AND A NINETY PERCENT
27 REDUCTION BY 2050;
28 (II) THE GOVERNOR'S "COLORADO GREENHOUSE GAS POLLUTION
29 REDUCTION ROADMAP", RELEASED ON JANUARY 14, 2021, IDENTIFIED
30 TRANSPORTATION AS A LEADING SOURCE OF GREENHOUSE GAS POLLUTION
31 AND IDENTIFIED VEHICLE ELECTRIFICATION AS A KEY STRATEGY FOR
32 REDUCING GREENHOUSE GAS POLLUTION FROM THE TRANSPORTATION
33 SECTOR;".
34
35 Renumber succeeding subparagraphs accordingly.
36
37 Page 8, line 23, strike "POLLUTION" and substitute "POLLUTION,
38 INCLUDING GREENHOUSE GAS EMISSIONS,".
39
40 Page 9, after line 2 insert:
41
42 "(V) SALES OF ELECTRIC VEHICLES CURRENTLY ACCOUNT FOR
43 MORE THAN TEN PERCENT OF ALL NEW VEHICLE SALES IN COLORADO, AND
44 THIS MARKET SHARE IS PROJECTED TO INCREASE TO MORE THAN EIGHTY
45 PERCENT BY 2032;
46 (VI) BUILDINGS CONSTRUCTED TODAY WILL NEED TO
47 ACCOMMODATE HIGHER NUMBERS OF ELECTRIC VEHICLES WITHIN THE
48 LIFETIME OF THESE BUILDINGS;".
49
50 Renumber succeeding subparagraphs accordingly.
51
52 Page 10, after line 7 insert:
53
54 "(3) THIS SECTION DOES NOT LOWER THE PROTECTIONS PROVIDED
55 FOR PEOPLE WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
56 SPACES FOR PEOPLE THAT ARE MOBILITY IMPAIRED, THAN THE
1 PROTECTIONS PROVIDED BY THE FEDERAL "AMERICANS WITH DISABILITIES
2 ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF
3 ARTICLE 34 OF TITLE 24.".
4
5 Page 10, after line 12 insert:
6
7 "(I) COLORADO HAS ADOPTED ECONOMY-WIDE GREENHOUSE GAS
8 EMISSION GOALS OF, AT MINIMUM, A TWENTY-SIX PERCENT REDUCTION BY
9 2025, A FIFTY PERCENT REDUCTION BY 2030, AND A NINETY PERCENT
10 REDUCTION BY 2050;
11 (II) THE GOVERNOR'S "COLORADO GREENHOUSE GAS POLLUTION
12 REDUCTION ROADMAP", RELEASED ON JANUARY 14, 2021, IDENTIFIED
13 TRANSPORTATION AS A LEADING SOURCE OF GREENHOUSE GAS POLLUTION
14 AND IDENTIFIED VEHICLE ELECTRIFICATION AS A KEY STRATEGY FOR
15 REDUCING GREENHOUSE GAS POLLUTION FROM THE TRANSPORTATION
16 SECTOR;".
17
18 Renumber succeeding subparagraphs accordingly.
19
20 Page 10, line 13, strike "POLLUTION" and substitute "POLLUTION,
21 INCLUDING GREENHOUSE GAS EMISSIONS,".
22
23 Page 10, after line 19 insert:
24
25 "(V) SALES OF ELECTRIC VEHICLES CURRENTLY ACCOUNT FOR
26 MORE THAN TEN PERCENT OF ALL NEW VEHICLE SALES IN COLORADO, AND
27 THIS MARKET SHARE IS PROJECTED TO INCREASE TO MORE THAN EIGHTY
28 PERCENT BY 2032;
29 (VI) BUILDINGS CONSTRUCTED TODAY WILL NEED TO
30 ACCOMMODATE HIGHER NUMBERS OF ELECTRIC VEHICLES WITHIN THE
31 LIFETIME OF THESE BUILDINGS;".
32
33 Renumber succeeding subparagraphs accordingly.
34
35 Page 11, line 25, after "(3)" insert "(a)".
36
37 Page 12, after line 1 insert:
38
39 "(b) THIS SECTION DOES NOT LOWER THE PROTECTIONS PROVIDED
40 FOR PEOPLE WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING
41 SPACES FOR PEOPLE THAT ARE MOBILITY IMPAIRED, THAN THE
42 PROTECTIONS PROVIDED BY THE FEDERAL "AMERICANS WITH DISABILITIES
43 ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., AND PARTS 6 AND 8 OF
44 ARTICLE 34 OF TITLE 24.".
45
46 Page 12, line 10, after the period add "THE BOARD SHALL NOT RESTRICT
47 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
48 PLUG-IN ELECTRIC VEHICLE.".
49
50 Page 12, line 12, strike "STATION" and substitute "STATION, OR RESTRICT
51 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
52 PLUG-IN ELECTRIC VEHICLE,".
53
54 Page 12, line 16, strike "STATIONS" and substitute "STATIONS, OR THAT
55 RESTRICTS PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID
56 VEHICLE OR PLUG-IN ELECTRIC VEHICLE,".
1 Page 12, line 27, after the period add "THE GOVERNING BODY OF THE
2 MUNICIPALITY SHALL NOT RESTRICT PARKING BASED ON A VEHICLE BEING
3 A PLUG-IN HYBRID VEHICLE OR PLUG-IN ELECTRIC VEHICLE.".
4
5 Page 13, line 2, strike "STATION" and substitute "STATION, OR RESTRICT
6 PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID VEHICLE OR
7 PLUG-IN ELECTRIC VEHICLE,".
8
9 Page 13, line 6, strike "STATIONS" and substitute "STATIONS, OR THAT
10 RESTRICTS PARKING BASED ON A VEHICLE BEING A PLUG-IN HYBRID
11 VEHICLE OR PLUG-IN ELECTRIC VEHICLE,".
12
13 Page 13, after line 8 insert:
14
15 "SECTION 10. In Colorado Revised Statutes, 30-28-211, add
16 (2)(a.5), (2)(b.8), (3.5)(e), and (3.5)(f) as follows:
17 30-28-211. Energy efficient building codes - legislative
18 declaration - definitions. (2) As used in this section, unless the context
19 otherwise requires:
20 (a.5) "COLORADO PLUMBING CODE" HAS THE MEANING SET FORTH
21 IN SECTION 12-155-103 (5).
22 (b.8) "NATIONAL ELECTRICAL CODE" HAS THE MEANING SET FORTH
23 IN SECTION 12-115-103 (8).
24 (3.5) (e) NOTWITHSTANDING THE TIMING REQUIREMENT OF
25 SUBSECTION (3.5)(a) OF THIS SECTION, A BOARD OF COUNTY
26 COMMISSIONERS MAY COMPLY WITH SUBSECTION (3.5)(a) OF THIS SECTION
27 WHEN THE BOARD ADOPTS ONE OR MORE BUILDING CODES OTHER THAN
28 THE NATIONAL ELECTRICAL CODE AND THE COLORADO PLUMBING CODE,
29 OR BY JUNE 30, 2026, WHICHEVER IS EARLIER, IF:
30 (I) THE BOARD OF COUNTY COMMISSIONERS ADOPTS OR UPDATES:
31 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
32 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
33 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
34 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
35 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
36 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
37 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
38 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
39 COLORADO PLUMBING CODE.
40 (f) NOTWITHSTANDING THE TIMING REQUIREMENT OF SUBSECTION
41 (3.5)(b) OF THIS SECTION, A BOARD OF COUNTY COMMISSIONERS MAY
42 COMPLY WITH SUBSECTION (3.5)(b) OF THIS SECTION WHEN THE BOARD
43 ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE NATIONAL
44 ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY JUNE 30,
45 2030, WHICHEVER IS EARLIER, IF:
46 (I) THE BOARD OF COUNTY COMMISSIONERS ADOPTS OR UPDATES:
47 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
48 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
49 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
50 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
51 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
52 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
53 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
54 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
55 COLORADO PLUMBING CODE.
56
1 SECTION 11. In Colorado Revised Statutes, 31-15-602, add
2 (2)(a.5), (2)(b.8), (3.5)(d), and (3.5)(e) as follows:
3 31-15-602. Energy efficient building codes - legislative
4 declaration - definitions - repeal. (2) As used in this section, unless the
5 context otherwise requires:
6 (a.5) "COLORADO PLUMBING CODE" HAS THE MEANING SET FORTH
7 IN SECTION 12-155-103 (5).
8 (b.8) "NATIONAL ELECTRICAL CODE" HAS THE MEANING SET FORTH
9 IN SECTION 12-115-103 (8).
10 (3.5) (d) NOTWITHSTANDING THE TIMING REQUIREMENT OF
11 SUBSECTION (3.5)(a) OF THIS SECTION, A GOVERNING BODY OF A
12 MUNICIPALITY MAY COMPLY WITH SUBSECTION (3.5)(a) OF THIS SECTION
13 WHEN THE BODY ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE
14 NATIONAL ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY
15 JUNE 30, 2026, WHICHEVER IS EARLIER, IF:
16 (I) THE GOVERNING BODY OF THE MUNICIPALITY ADOPTS OR
17 UPDATES:
18 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
19 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
20 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
21 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
22 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
23 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
24 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
25 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
26 COLORADO PLUMBING CODE.
27 (e) NOTWITHSTANDING THE TIMING REQUIREMENT OF SUBSECTION
28 (3.5)(b) OF THIS SECTION, A GOVERNING BODY OF A MUNICIPALITY MAY
29 COMPLY WITH SUBSECTION (3.5)(b) OF THIS SECTION WHEN THE BODY
30 ADOPTS ONE OR MORE BUILDING CODES OTHER THAN THE NATIONAL
31 ELECTRICAL CODE AND THE COLORADO PLUMBING CODE, OR BY JUNE 30,
32 2030, WHICHEVER IS EARLIER, IF:
33 (I) THE GOVERNING BODY OF A MUNICIPALITY ADOPTS OR
34 UPDATES:
35 (A) THE NATIONAL ELECTRICAL CODE BY REFERENCE WHEN
36 ADOPTED OR UPDATED BY THE STATE ELECTRICAL BOARD; OR
37 (B) THE COLORADO PLUMBING CODE BY REFERENCE WHEN
38 ADOPTED OR UPDATED BY THE STATE PLUMBING BOARD; AND
39 (II) THE ADOPTION OR UPDATE OF THE NATIONAL ELECTRICAL
40 CODE OR THE COLORADO PLUMBING CODE OCCURS ON A TIMING CYCLE
41 DIFFERENT FROM THE SCHEDULED ADOPTION OR UPDATE OF ONE OR MORE
42 BUILDING CODES OTHER THAN THE NATIONAL ELECTRICAL CODE OR THE
43 COLORADO PLUMBING CODE.".
44
45 Renumber succeeding sections accordingly.
46
47 Page 14, after line 17 insert:
48
49 "(c) THE DEPARTMENT OF TRANSPORTATION MAY COLLABORATE
50 WITH PUBLIC OR PRIVATE ENTITIES TO DEVELOP PROJECTS FOR THE
51 CONSTRUCTION OF ELECTRIC VEHICLE CHARGING SYSTEMS ALONG STATE
52 HIGHWAY RIGHTS-OF-WAY, INCLUDING REST AREAS, AS PRIORITIZED BY
53 THE DEPARTMENT.".
54
55 Reletter succeeding paragraph accordingly.
56
House Journal, April 10
24 Amend printed bill, page 5, before line 10 insert:
25
26 "(d) (I) IN PROMULGATING THE RULES REQUIRED UNDER
27 SUBSECTION (3)(a) OF THIS SECTION, THE BOARD SHALL ENSURE ALL
28 REQUIREMENTS ADOPTED IN THE RULES ARE IN COMPLIANCE WITH THE
29 REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE, AS AMENDED UNDER
30 SUBSECTION (2)(a)(I) OF THIS SECTION.
31 (II) WITHIN NINETY DAYS AFTER ANY UPDATE MADE BY THE
32 ENERGY CODE BOARD TO THE EV POWER TRANSFER INFRASTRUCTURE
33 REQUIREMENTS FOR MULTIFAMILY HOUSING IN THE MODEL ELECTRIC
34 READY AND SOLAR READY CODE, THE BOARD SHALL UPDATE THE RULES
35 PROMULGATED UNDER SUBSECTION (3)(a) OF THIS SECTION WITH THE
36 SAME CHANGES. THE BOARD SHALL NOT ENFORCE THE UPDATED RULES
37 UNTIL TWO HUNDRED SEVENTY DAYS AFTER THE UPDATED RULES ARE
38 ADOPTED.
39 (III) THE RULES PROMULGATED UNDER SUBSECTION (3)(a) OF THIS
40 SECTION DO NOT SUPERCEDE OR PREEMPT THE SAFETY REQUIREMENTS OF
41 OTHER BUILDING CODES, WHETHER PROMULGATED BY AN AGENCY OF THE
42 STATE OF COLORADO OR OF A LOCAL GOVERNMENT.
43 (e) ANY INSTALLATIONS OR UPGRADES PERFORMED IN
44 ACCORDANCE WITH THE RULES PROMULGATED UNDER THIS SUBSECTION
45 (3) ON THE LOAD SIDE OF THE UTILITY METER MUST COMPLY WITH THIS
46 ARTICLE 115, INCLUDING SUBSECTION (2)(a) OF THIS SECTION, WHICH
47 REQUIRES COMPLIANCE WITH THE NATIONAL ELECTRICAL CODE, AND
48 SECTIONS 12-115-109 AND 12-115-115, AND ALL RULES OF THE BOARD.
49 (f) FOR ALL ELECTRIC VEHICLE INFRASTRUCTURE OR CHARGING
50 STATIONS OWNED BY AN ELECTRIC UTILITY, THE UTILITY SHALL COMPLY
51 WITH SECTION 40-5-107 (3)(b).".
52
53 Reletter succeeding paragraph accordingly.
54
55 As amended, ordered engrossed and placed on the Calendar for Third
56 Reading and Final Passage.
Senate Journal, May 1
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.
Amendment No. 1(L.039), by Senator Pelton B.
Amend reengrossed bill, page 6, after line 4 insert:
"(IV) IF A SITE DEVELOPMENT PLAN APPLICATION IS SUBMITTED TO A
LOCAL GOVERNMENT AND HAS BEEN APPROVED BY MARCH 1, 2024, THE LOCAL
GOVERNMENT MAY DETERMINE HOW TO APPLY THE REQUIREMENTS OF THE
RULES DEVELOPED IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION.".
Amendment No. 2(L.041), by Senator Pelton B.
Amend reengrossed bill, page 17, line 8, after "(2)(a.5)," insert "(2)(a.8),".
Page 17, after line 13 insert:
"(a.8) "ELEVATOR AND ESCALATOR CODE" MEANS THE RULES ADOPTED
IN ACCORDANCE WITH SECTION 9-5.5-112.".
Page 17, line 24, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".
Reletter succeeding sub-subparagraph accordingly.
Page 18, line 13, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".
Reletter succeeding sub-subparagraph accordingly.
Page 18, line 22, after "(2)(a.5)," insert "(2)(a.8),".
Page 18, after line 27 insert:
"(a.8) "ELEVATOR AND ESCALATOR CODE" MEANS THE RULES ADOPTED
IN ACCORDANCE WITH SECTION 9-5.5-112.".
Page 19, line 12 strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".
Reletter succeeding sub-subparagraph accordingly.
Page 20, line 2, strike "BOARD; OR" and substitute "BOARD;
(B) THE ELEVATOR AND ESCALATOR CODE BY REFERENCE WHEN
ADOPTED OR UPDATED BY THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
SAFETY WITHIN THE DEPARTMENT OF LABOR AND EMPLOYMENT; OR".
Reletter succeeding sub-subparagraph accordingly.
Strike "CODE OR" and substitute "CODE, THE ELEVATOR AND ESCALATOR CODE,
OR" on: Page 18, lines 1, 3, 17, and 19; Page 19, lines 16 and 18; and Page 20,
lines 6 and 8.
Strike "CODE AND" and substitute "CODE, THE ELEVATOR AND ESCALATOR CODE,
AND" on: Page 17, line 20; Page 18, line 9; and Page 19, lines 7 and 24.
Amendment No. 3(L.042), by Senator Priola and Winter F.
Amend reengrossed bill, page 21, before line 27 insert:
"SECTION 14. In Colorado Revised Statutes, 24-4-109, amend (2)(a)
and (2)(b)(II); and add (5) and (6) as follows:
24-4-109. State engagement of disproportionately impacted
communities - definitions. (2) Definitions. (a) (I) (A) The environmental
justice action task force created in section 25-1-133 will recommend to the
general assembly potential modifications to the definitions established in this
subsection (2). The definitions established in this subsection (2) apply unless
and until the general assembly acts by bill to modify one or more of the
definitions ALL AGENCIES SHALL USE THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY SET FORTH IN SUBSECTION (2)(b)(II) OF THIS SECTION.
(B) IN APPLYING THE DEFINITION OF DISPROPORTIONATELY IMPACTED
COMMUNITY, AN AGENCY MAY PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE
DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY OR CERTAIN
SUBSETS OF COMMUNITIES THAT MEET THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY IF THE AGENCY MAKES A DETERMINATION BY RULE OR
OTHER PUBLIC DECISION-MAKING PROCESS THAT THE PRIORITIZATION OR
TARGETING IS WARRANTED AND REASONABLY TAILORED TO THE CATEGORY OF
AGENCY ACTION INVOLVED. AN AGENCY WITH RULEMAKING AUTHORITY SHALL
MAKE THE DETERMINATION BY RULE.
(C) A DETERMINATION OF THE PUBLIC UTILITIES COMMISSION THAT IT
WILL PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE DEFINITION OF
DISPROPORTIONATELY IMPACTED COMMUNITY OR SUBSETS OF COMMUNITIES
THAT MEET THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY
DOES NOT CONSTITUTE ANY PREJUDICE OR DISADVANTAGE OR ANY
UNREASONABLE DIFFERENCE AS SET FORTH IN SECTION 40-3-106 (1)(a).
(II) This subsection (2)(a) is repealed, effective September 1, 2024.
(b) As used in this section and sections 25-1-133, 25-1-134, and
25-7-105 (1)(e), unless the context otherwise requires:
(II) "Disproportionately impacted community" means a community that
is in a census block group, as determined in accordance with the most recent
United States census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent; or is any other community
as identified or approved by a state agency, if: The community has a history of
environmental racism perpetuated through redlining, anti-Indigenous,
anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one
where multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment
and contribute to persistent disparities. As used in this subsection (2)(b)(II),
"cost-burdened" means a household that spends more than thirty percent of its
income on housing, and "low income" means the median household income is
less than or equal to two hundred percent of the federal poverty guideline. FIVE
YEAR UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY
AND MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE PROPORTION OF THE POPULATION LIVING IN HOUSEHOLDS THAT
ARE BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL IS
GREATER THAN FORTY PERCENT;
(B) THE PROPORTION OF HOUSEHOLDS THAT SPEND MORE THAN THIRTY
PERCENT OF HOUSEHOLD INCOME ON HOUSING IS GREATER THAN FIFTY PERCENT;
(C) THE PROPORTION OF THE POPULATION THAT IDENTIFIES AS PEOPLE
OF COLOR IS GREATER THAN FORTY PERCENT;
(D) THE PROPORTION OF THE POPULATION THAT IS LINGUISTICALLY
ISOLATED IS GREATER THAN TWENTY PERCENT;
(E) AN AGENCY DETERMINES THAT THE POPULATION IS
DISPROPORTIONATELY IMPACTED BASED ON EVIDENCE, PRESENTED IN A
RELEVANT AGENCY DECISION-MAKING PROCESS, THAT A CENSUS BLOCK GROUP
IS DISPROPORTIONATELY IMPACTED BECAUSE IT HAS A HISTORY OF
ENVIRONMENTAL RACISM PERPETUATED THROUGH REDLINING OR THROUGH
ANTI-INDIGENOUS, ANTI-IMMIGRANT, ANTI-LATINO, OR ANTI-BLACK LAWS,
POLICIES, OR PRACTICES AND THAT PRESENT-DAY DEMOGRAPHIC FACTORS AND
DATA DEMONSTRATE THAT THE COMMUNITY CURRENTLY FACES
ENVIRONMENTAL HEALTH DISPARITIES;
(F) THE COMMUNITY IS IDENTIFIED BY AN AGENCY AS BEING ONE
WHERE MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS,
VULNERABLE POPULATIONS, DISPROPORTIONATE ENVIRONMENTAL BURDENS,
VULNERABILITY TO ENVIRONMENTAL DEGRADATION OR CLIMATE CHANGE, AND
LACK OF PUBLIC PARTICIPATION MAY ACT CUMULATIVELY TO AFFECT HEALTH
AND THE ENVIRONMENT AND MAY CONTRIBUTE TO PERSISTENT DISPARITIES;
(G) THE COMMUNITY IS A MOBILE HOME PARK, AS DEFINED IN SECTION
38-12-201.5 (6); OR
(H) THE COMMUNITY IS LOCATED ON THE SOUTHERN UTE OR UTE
MOUNTAIN UTE INDIAN RESERVATION.
(5) (a) (I) THE DIVISION OF ADMINISTRATION IN THE COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL DESIGN THE
COLORADO ENVIROSCREEN TOOL SO THAT A CENSUS BLOCK GROUP THAT
SCORES ABOVE THE EIGHTIETH PERCENTILE IN THE COLORADO ENVIROSCREEN
TOOL IS PRESUMED TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN
AGENCY DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY IN ACCORDANCE WITH THIS SUBSECTION (5)(a) SHALL
APPLY THE MOST RECENT VERSION OF COLORADO ENVIROSCREEN TOOL
AVAILABLE AT THE TIME THE AGENCY MAKES THE DETERMINATION.
(II) AS USED IN THIS SUBSECTION (5)(a), "COLORADO ENVIROSCREEN
TOOL" MEANS THE ENVIRONMENTAL JUSTICE MAPPING TOOL DEVELOPED AND
ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AND COLORADO STATE UNIVERSITY, OR ANY SUCCESSOR TOOL.
(b) A CENSUS BLOCK GROUP THAT IS WITHIN A CENSUS TRACT THAT
QUALIFIES AS DISADVANTAGED AS DETERMINED UNDER THE CLIMATE AND
ECONOMIC JUSTICE SCREENING TOOL DEVELOPED BY THE COUNCIL ON
ENVIRONMENTAL QUALITY IN THE OFFICE OF THE PRESIDENT OF THE UNITES
STATES IS PRESUMED TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY.
AN AGENCY DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY UNDER THIS SUBSECTION (5)(b) SHALL APPLY THE MOST
RECENT VERSION OF THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL
AVAILABLE WHEN IT IS DETERMINING WHETHER A COMMUNITY IS A
DISPROPORTIONATELY IMPACTED COMMUNITY.
(6) THE PROVISIONS OF SUBSECTION (2)(b)(II) OF THIS SECTION ARE
SEVERABLE, AND IF ANY PROVISION OF SUBSECTION (2)(b)(II) OF THIS SECTION
IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL,
THE REMAINING PROVISIONS ARE VALID, UNLESS:
(a) IT APPEARS TO THE COURT THAT THE VALID PROVISIONS ARE SO
ESSENTIALLY AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT ON, THE
UNCONSTITUTIONAL PROVISION THAT IT CANNOT BE PRESUMED THAT THE
LEGISLATURE WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE
UNCONSTITUTIONAL ONE; OR
(b) THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING
ALONE, ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN
ACCORDANCE WITH THE LEGISLATIVE INTENT.
SECTION 15. In Colorado Revised Statutes, 8-83-502, amend (4) as
follows:
8-83-502. Definitions. As used in this part 5, unless the context
otherwise requires:
(4) "Disproportionately impacted community" means any community
of color, low-to-middle income community, or indigenous community that is
or has been directly impacted by coal pollution HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, amend 24-30-104 as
follows:
24-30-104. Burnham Yard rail property site - required
development planning. The executive director of the department of personnel
shall engage with stakeholders including the city and county of Denver, the
department of transportation, the department of local affairs, the regional
transportation district created in section 32-9-105, and the communities,
including disproportionately impacted communities, as defined in section
43-1-128 (2)(c) SECTION 24-4-109 (2)(b)(II), and registered neighborhood
organizations in the vicinity of the Burnham Yards rail property to create a site
plan to support transit-oriented development at the Burnham Yard rail property
site and potential recommendations for how to suballocate parcels for various
beneficial uses at the site. The executive director shall, in consultation with the
other governmental stakeholders named in this section, actively reach out to the
communities, including disproportionately impacted communities, and
registered neighborhood organizations in the vicinity of the Burnham Yards rail
property regarding all stages of the development of the property, provide
meaningful opportunities for members of those communities to express their
views regarding the development of the property, and endeavor to identify
groups or individuals from those communities who are interested in and capable
of representing the interests of those communities throughout the development
process. The executive director shall also identify any additional stakeholders,
and as appropriate already engaged stakeholders, to engage with who may have
an interest in developing the suballocated parcels for the best use such as the
department of local affairs for affordable housing, local housing authorities, and
the great outdoors Colorado program for potential green space development.
The site plan must consider opportunities for the site including front range
passenger rail service, multi-family and affordable housing development,
community benefits, green spaces, parkland, recreational opportunities, retail,
and links to transit and multi-modal options to connect the site to the
surrounding community. The site plan must promote the development and
operation of quality public private partnership opportunities and include a
well-defined framework to facilitate collaboration between public and private
entities in infrastructure development and operation and enable investment of
public and private capital.
SECTION 17. In Colorado Revised Statutes, 24-38.5-302, amend (3)
as follows:
24-38.5-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(3) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 18. In Colorado Revised Statutes, 25-7.5-102, amend (7)
as follows:
25-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires:
(7) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (7):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 19. In Colorado Revised Statutes, 40-1-102, add (6.5) as
follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless
the context otherwise requires:
(6.5) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
SECTION 20. In Colorado Revised Statutes, 40-2-108, repeal (3)(d)
as follows:
40-2-108. Rules - definitions - legislative declaration. (3) (d) As used
in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Disproportionately impacted community" means a community that
is in a census block group, as determined in accordance with the most recent
United States census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent; or is any other community
as identified or approved by a state agency, if:
(A) The community has a history of environmental racism perpetuated
through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black
laws; or
(B) The community is one where multiple factors, including
socioeconomic stressors, disproportionate environmental burdens, vulnerability
to environmental degradation, and lack of public participation, may act
cumulatively to affect health and the environment and contribute to persistent
disparities.
(III) "Low income" means meeting one or more of the following
criteria:
(A) Median household income less than or equal to two hundred
percent of the federal poverty guideline;
(B) Median household income less than or equal to eighty percent of the
area median income; or
(C) Qualification under income guidelines adopted by the department
of human services pursuant to section 40-8.5-105.
SECTION 21. In Colorado Revised Statutes, 43-1-128, amend (2)(c)
as follows:
43-1-128. Environmental impacts of capacity projects - additional
requirements - legislative declaration - definitions. (2) As used in this
section, unless the context otherwise requires:
(c) (I) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(II) As used in this subsection (2)(c):
(A) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(B) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.
SECTION 22. In Colorado Revised Statutes, 43-4-1202, amend (5) as
follows:
43-4-1202. Definitions. As used in this part 12, unless the context
otherwise requires:
(5) (a) "Disproportionately impacted community" means a community
that is in a census block group, as determined in accordance with the most
recent United States decennial census, where the proportion of households that
are low income is greater than forty percent, the proportion of households that
identify as minority is greater than forty percent, or the proportion of
households that are housing cost-burdened is greater than forty percent
"DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET FORTH
IN SECTION 24-4-109 (2)(b)(II).
(b) As used in this subsection (5):
(I) "Cost-burdened" means a household that spends more than thirty
percent of its income on housing.
(II) "Low income" means the median household income is less than or
equal to two hundred percent of the federal poverty guideline.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, May 1
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.
Senators Priola and Winter F. moved to amend the Report of the Committee of the Whole
to show that the following Priola and Winter F. floor amendment, (L.042) to HB 23-1233,
did pass, and that the following new amendment to the Priola and Winter F. floor
amendment, (L.042) to HB23-1233, did pass.
L.042
Amend reengrossed bill, page 21, before line 27 insert:
"SECTION 14. In Colorado Revised Statutes, 24-4-109, amend (2)(a) and
(2)(b)(II); and add (5) and (6) as follows:
24-4-109. State engagement of disproportionately impacted communities -
definitions. (2) Definitions. (a) (I) (A) The environmental justice action task
force created in section 25-1-133 will recommend to the general assembly
potential modifications to the definitions established in this subsection (2). The
definitions established in this subsection (2) apply unless and until the general
assembly acts by bill to modify one or more of the definitions ALL AGENCIES
SHALL USE THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY SET
FORTH IN SUBSECTION (2)(b)(II) OF THIS SECTION.
(B) IN APPLYING THE DEFINITION OF DISPROPORTIONATELY IMPACTED
COMMUNITY, AN AGENCY MAY PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE
DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY OR CERTAIN
SUBSETS OF COMMUNITIES THAT MEET THE DEFINITION OF DISPROPORTIONATELY
IMPACTED COMMUNITY IF THE AGENCY MAKES A DETERMINATION BY RULE OR
OTHER PUBLIC DECISION-MAKING PROCESS THAT THE PRIORITIZATION OR
TARGETING IS WARRANTED AND REASONABLY TAILORED TO THE CATEGORY OF
AGENCY ACTION INVOLVED. AN AGENCY WITH RULEMAKING AUTHORITY SHALL
MAKE THE DETERMINATION BY RULE.
(C) A DETERMINATION OF THE PUBLIC UTILITIES COMMISSION THAT IT WILL
PRIORITIZE OR TARGET CERTAIN CRITERIA OF THE DEFINITION OF
DISPROPORTIONATELY IMPACTED COMMUNITY OR SUBSETS OF COMMUNITIES
THAT MEET THE DEFINITION OF DISPROPORTIONATELY IMPACTED COMMUNITY
DOES NOT CONSTITUTE ANY PREJUDICE OR DISADVANTAGE OR ANY
UNREASONABLE DIFFERENCE AS SET FORTH IN SECTION 40-3-106 (1)(a).
(II) This subsection (2)(a) is repealed, effective September 1, 2024.
(b) As used in this section and sections 25-1-133, 25-1-134, and 25-7-105 (1)(e),
unless the context otherwise requires:
(II) "Disproportionately impacted community" means a community that is in a
census block group, as determined in accordance with the most recent United
States census, where the proportion of households that are low income is greater
than forty percent, the proportion of households that identify as minority is
greater than forty percent, or the proportion of households that are housing
cost-burdened is greater than forty percent; or is any other community as
identified or approved by a state agency, if: The community has a history of
environmental racism perpetuated through redlining, anti-Indigenous,
anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one where
multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment
and contribute to persistent disparities. As used in this subsection (2)(b)(II),
"cost-burdened" means a household that spends more than thirty percent of its
income on housing, and "low income" means the median household income is
less than or equal to two hundred percent of the federal poverty guideline. FIVE
YEAR UNITED STATES BUREAU OF THE CENSUS AMERICAN COMMUNITY SURVEY
AND MEETS ONE OR MORE OF THE FOLLOWING CRITERIA:
(A) THE PROPORTION OF THE POPULATION LIVING IN HOUSEHOLDS THAT ARE
BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL IS GREATER
THAN FORTY PERCENT;
(B) THE PROPORTION OF HOUSEHOLDS THAT SPEND MORE THAN THIRTY PERCENT
OF HOUSEHOLD INCOME ON HOUSING IS GREATER THAN FIFTY PERCENT;
(C) THE PROPORTION OF THE POPULATION THAT IDENTIFIES AS PEOPLE OF COLOR
IS GREATER THAN FORTY PERCENT;
(D) THE PROPORTION OF THE POPULATION THAT IS LINGUISTICALLY ISOLATED IS
GREATER THAN TWENTY PERCENT;
(E) AN AGENCY DETERMINES THAT THE POPULATION IS DISPROPORTIONATELY
IMPACTED BASED ON EVIDENCE, PRESENTED IN A RELEVANT AGENCY
DECISION-MAKING PROCESS, THAT A CENSUS BLOCK GROUP IS
DISPROPORTIONATELY IMPACTED BECAUSE IT HAS A HISTORY OF ENVIRONMENTAL
RACISM PERPETUATED THROUGH REDLINING OR THROUGH ANTI-INDIGENOUS,
ANTI-IMMIGRANT, ANTI-LATINO, OR ANTI-BLACK LAWS, POLICIES, OR PRACTICES
AND THAT PRESENT-DAY DEMOGRAPHIC FACTORS AND DATA DEMONSTRATE THAT
THE COMMUNITY CURRENTLY FACES ENVIRONMENTAL HEALTH DISPARITIES;
(F) THE COMMUNITY IS IDENTIFIED BY AN AGENCY AS BEING ONE WHERE
MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS, VULNERABLE
POPULATIONS, DISPROPORTIONATE ENVIRONMENTAL BURDENS, VULNERABILITY
TO ENVIRONMENTAL DEGRADATION OR CLIMATE CHANGE, AND LACK OF PUBLIC
PARTICIPATION MAY ACT CUMULATIVELY TO AFFECT HEALTH AND THE
ENVIRONMENT AND MAY CONTRIBUTE TO PERSISTENT DISPARITIES;
(G) THE COMMUNITY IS A MOBILE HOME PARK, AS DEFINED IN SECTION
38-12-201.5 (6); OR
(H) THE COMMUNITY IS LOCATED ON THE SOUTHERN UTE OR UTE MOUNTAIN
UTE INDIAN RESERVATION.
(5) (a) (I) THE DIVISION OF ADMINISTRATION IN THE COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT SHALL DESIGN THE COLORADO
ENVIROSCREEN TOOL SO THAT A CENSUS BLOCK GROUP THAT SCORES ABOVE THE
EIGHTIETH PERCENTILE IN THE COLORADO ENVIROSCREEN TOOL IS PRESUMED TO
BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN AGENCY DETERMINING
WHETHER A COMMUNITY IS A DISPROPORTIONATELY IMPACTED COMMUNITY IN
ACCORDANCE WITH THIS SUBSECTION (5)(a) SHALL APPLY THE MOST RECENT
VERSION OF COLORADO ENVIROSCREEN TOOL AVAILABLE AT THE TIME THE
AGENCY MAKES THE DETERMINATION.
(II) AS USED IN THIS SUBSECTION (5)(a), "COLORADO ENVIROSCREEN TOOL"
MEANS THE ENVIRONMENTAL JUSTICE MAPPING TOOL DEVELOPED AND
ADMINISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND
COLORADO STATE UNIVERSITY, OR ANY SUCCESSOR TOOL.
(b) A CENSUS BLOCK GROUP THAT IS WITHIN A CENSUS TRACT THAT QUALIFIES
AS DISADVANTAGED AS DETERMINED UNDER THE CLIMATE AND ECONOMIC
JUSTICE SCREENING TOOL DEVELOPED BY THE COUNCIL ON ENVIRONMENTAL
QUALITY IN THE OFFICE OF THE PRESIDENT OF THE UNITES STATES IS PRESUMED
TO BE A DISPROPORTIONATELY IMPACTED COMMUNITY. AN AGENCY
DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY IMPACTED
COMMUNITY UNDER THIS SUBSECTION (5)(b) SHALL APPLY THE MOST RECENT
VERSION OF THE CLIMATE AND ECONOMIC JUSTICE SCREENING TOOL AVAILABLE
WHEN IT IS DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONATELY
IMPACTED COMMUNITY.
(6) THE PROVISIONS OF SUBSECTION (2)(b)(II) OF THIS SECTION ARE SEVERABLE,
AND IF ANY PROVISION OF SUBSECTION (2)(b)(II) OF THIS SECTION IS FOUND BY A
COURT OF COMPETENT JURISDICTION TO BE UNCONSTITUTIONAL, THE REMAINING
PROVISIONS ARE VALID, UNLESS:
(a) IT APPEARS TO THE COURT THAT THE VALID PROVISIONS ARE SO ESSENTIALLY
AND INSEPARABLY CONNECTED WITH, AND SO DEPENDENT ON, THE
UNCONSTITUTIONAL PROVISION THAT IT CANNOT BE PRESUMED THAT THE
LEGISLATURE WOULD HAVE ENACTED THE VALID PROVISIONS WITHOUT THE
UNCONSTITUTIONAL ONE; OR
(b) THE COURT DETERMINES THAT THE VALID PROVISIONS, STANDING ALONE,
ARE INCOMPLETE AND ARE INCAPABLE OF BEING EXECUTED IN ACCORDANCE WITH
THE LEGISLATIVE INTENT.
SECTION 15. In Colorado Revised Statutes, 8-83-502, amend (4) as follows:
8-83-502. Definitions. As used in this part 5, unless the context otherwise
requires:
(4) "Disproportionately impacted community" means any community of color,
low-to-middle income community, or indigenous community that is or has been
directly impacted by coal pollution HAS THE MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, amend 24-30-104 as follows:
24-30-104. Burnham Yard rail property site - required development
planning. The executive director of the department of personnel shall engage
with stakeholders including the city and county of Denver, the department of
transportation, the department of local affairs, the regional transportation district
created in section 32-9-105, and the communities, including disproportionately
impacted communities, as defined in section 43-1-128 (2)(c) SECTION 24-4-109
(2)(b)(II), and registered neighborhood organizations in the vicinity of the
Burnham Yards rail property to create a site plan to support transit-oriented
development at the Burnham Yard rail property site and potential
recommendations for how to suballocate parcels for various beneficial uses at the
site. The executive director shall, in consultation with the other governmental
stakeholders named in this section, actively reach out to the communities,
including disproportionately impacted communities, and registered neighborhood
organizations in the vicinity of the Burnham Yards rail property regarding all
stages of the development of the property, provide meaningful opportunities for
members of those communities to express their views regarding the development
of the property, and endeavor to identify groups or individuals from those
communities who are interested in and capable of representing the interests of
those communities throughout the development process. The executive director
shall also identify any additional stakeholders, and as appropriate already
engaged stakeholders, to engage with who may have an interest in developing the
suballocated parcels for the best use such as the department of local affairs for
affordable housing, local housing authorities, and the great outdoors Colorado
program for potential green space development. The site plan must consider
opportunities for the site including front range passenger rail service,
multi-family and affordable housing development, community benefits, green
spaces, parkland, recreational opportunities, retail, and links to transit and
multi-modal options to connect the site to the surrounding community. The site
plan must promote the development and operation of quality public private
partnership opportunities and include a well-defined framework to facilitate
collaboration between public and private entities in infrastructure development
and operation and enable investment of public and private capital.
SECTION 17. In Colorado Revised Statutes, 24-38.5-302, amend (3) as
follows:
24-38.5-302. Definitions. As used in this part 3, unless the context otherwise
requires:
(3) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 18. In Colorado Revised Statutes, 25-7.5-102, amend (7) as follows:
25-7.5-102. Definitions. As used in this article 7.5, unless the context otherwise
requires:
(7) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (7):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 19. In Colorado Revised Statutes, 40-1-102, add (6.5) as follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless the
context otherwise requires:
(6.5) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE MEANING SET
FORTH IN SECTION 24-4-109 (2)(b)(II).
SECTION 20. In Colorado Revised Statutes, 40-2-108, repeal (3)(d) as follows:
40-2-108. Rules - definitions - legislative declaration. (3) (d) As used in this
subsection (3):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Disproportionately impacted community" means a community that is in a
census block group, as determined in accordance with the most recent United
States census, where the proportion of households that are low income is greater
than forty percent, the proportion of households that identify as minority is
greater than forty percent, or the proportion of households that are housing
cost-burdened is greater than forty percent; or is any other community as
identified or approved by a state agency, if:
(A) The community has a history of environmental racism perpetuated through
redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or
(B) The community is one where multiple factors, including socioeconomic
stressors, disproportionate environmental burdens, vulnerability to environmental
degradation, and lack of public participation, may act cumulatively to affect
health and the environment and contribute to persistent disparities.
(III) "Low income" means meeting one or more of the following criteria:
(A) Median household income less than or equal to two hundred percent of the
federal poverty guideline;
(B) Median household income less than or equal to eighty percent of the area
median income; or
(C) Qualification under income guidelines adopted by the department of human
services pursuant to section 40-8.5-105.
SECTION 21. In Colorado Revised Statutes, 43-1-128, amend (2)(c) as
follows:
43-1-128. Environmental impacts of capacity projects - additional
requirements - legislative declaration - definitions. (2) As used in this section,
unless the context otherwise requires:
(c) (I) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(II) As used in this subsection (2)(c):
(A) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(B) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.
SECTION 22. In Colorado Revised Statutes, 43-4-1202, amend (5) as follows:
43-4-1202. Definitions. As used in this part 12, unless the context otherwise
requires:
(5) (a) "Disproportionately impacted community" means a community that is in
a census block group, as determined in accordance with the most recent United
States decennial census, where the proportion of households that are low income
is greater than forty percent, the proportion of households that identify as
minority is greater than forty percent, or the proportion of households that are
housing cost-burdened is greater than forty percent "DISPROPORTIONATELY
IMPACTED COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 24-4-109
(2)(b)(II).
(b) As used in this subsection (5):
(I) "Cost-burdened" means a household that spends more than thirty percent of
its income on housing.
(II) "Low income" means the median household income is less than or equal to
two hundred percent of the federal poverty guideline.".
Renumber succeeding section accordingly.
New Amendment
Amend the Priola and Winter F. amendment (HB1233_L.042) page 1, line 3,
strike "(5)" and substitute "(2)(b)(IV), (5),".
Page 1, line 10, before "AGENCIES" insert "STATEWIDE".
Page 2, after line 44 insert:
"(IV) "STATEWIDE AGENCY" MEANS ANY BOARD, BUREAU, COMMISSION,
DEPARTMENT, INSTITUTION, DIVISION, SECTION, OR OFFICER OF THE STATE.
"STATEWIDE AGENCY" DOES NOT INCLUDE:
(A) THE LEGISLATIVE BRANCH;
(B) THE JUDICIAL BRANCH;
(C) STATE EDUCATIONAL INSTITUTIONS ADMINISTERED PURSUANT TO TITLE 23,
EXCEPT PART 1 OF ARTICLE 8, PARTS 2 AND 3 OF ARTICLE 21, AND PARTS 2 TO 4
OF ARTICLE 31 OF TITLE 23; OR
(D) THE ADJUTANT GENERAL OF THE NATIONAL GUARD, WHOSE POWERS AND
DUTIES ARE SET FORTH IN SECTION 28-3-106.".
Strike "AN AGENCY" and substitute "A STATEWIDE AGENCY" on: Page 1, lines 14
and 21; Page 2, lines 25 and 34; and Page 3, lines 5 and 20.
Before "AGENCY" insert "STATEWIDE" on: Page 1, lines 18 and 20; Page 2, line
27; and Page 3, line 9.
Senate Journal, May 2
HB23-1233 by Representative(s) Mauro and Valdez, Brown, Woodrow; also Senator(s) Priola and
Winter F.--Concerning energy efficiency, and, in connection therewith, requiring the state
electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings,
limiting the ability of the state electrical board to prohibit the installation of electric vehicle
charging stations, forbidding private prohibitions on electric vehicle charging and parking,
requiring local governments to count certain spaces served by an electric vehicle charging
station for minimum parking requirements, forbidding local governments from prohibiting
the installation of electric vehicle charging stations, exempting electric vehicle chargers
from business personal property tax, and authorizing electric vehicle charging systems
along highway rights-of-way.
A majority of those elected to the Senate having voted in the affirmative, Senator Winter
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.044) , by Senator Winter.
Amend revised bill, page 24, line 12, after "community" insert "THAT IS
DESCRIBED IN SUBSECTION (2)(b)(II)(G) OR (2)(b)(II)(H) OF THIS SECTION OR".
Page 25, line 14, strike "DETERMINES" and substitute "DETERMINES, AFTER A
COMMUNITY PRESENTS EVIDENCE OF BEING AND REQUESTS TO BE CLASSIFIED AS
A DISPROPORTIONATELY IMPACTED COMMUNITY,".
Page 26, line 5, strike "(6);" and substitute "(6), REGARDLESS OF WHETHER THE
MOBILE HOME PARK IS A CENSUS BLOCK GROUP;".
Page 26, line 7, strike "RESERVATION." and substitute "RESERVATION,
REGARDLESS OF WHETHER THE COMMUNITY IS A CENSUS BLOCK GROUP;".
Page 26, line 19, strike "DESIGN" and substitute "ADMINISTER".
Page 26, strike lines 23 through 26 and substitute "IMPACTED COMMUNITY
UNDER SUBSECTION (2)(b)(II)(F) OF THIS SECTION. A STATEWIDE AGENCY
DETERMINING WHETHER A COMMUNITY IS A DISPROPORTIONALLY IMPACTED
COMMUNITY UNDER SUBSECTION (2)(b)(II)(F) OF THIS SECTION SHALL APPLY
THE MOST RECENT VERSION OF THE COLORADO ENVIROSCREEN TOOL
AVAILABLE AT THE TIME THE".
Page 27, line 9, strike "PRESIDENT" and substitute "PRESIDENT".
Page 27, line 11, strike "COMMUNITY." and substitute "COMMUNITY UNDER
SUBSECTION (2)(b)(II)(F) OF THIS SECTION.".
Page 27, line 13, strike "THIS SUBSECTION (5)(b)" and substitute "SUBSECTION
(2)(b)(II)(F) OF THIS SECTION".
The amendment was passed on the following roll call vote: