Amendments for HB23-1294
House Journal, April 21
15 HB23-1294 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend printed bill, strike everything below the enacting clause and
20 substitute:
21
22 "SECTION 1. Legislative declaration. (1) The general
23 assembly finds that:
24 (a) All people have the right to breathe clean air, yet poor air
25 quality frequently puts public health at risk in communities across
26 Colorado, particularly in disproportionately impacted communities that
27 are subjected to adverse cumulative impacts from multiple pollution
28 sources;
29 (b) In particular, Coloradans have long suffered from high levels
30 of ground-level ozone pollution, which is connected to severe health
31 impacts including respiratory problems, cardiovascular disease, adverse
32 birth outcomes, and premature death and poses a significant threat to
33 vulnerable populations including children, the elderly, people with
34 respiratory ailments, the outdoor workforce, and otherwise healthy
35 individuals who recreate outdoors;
36 (c) The threats posed by ozone pollution are even more
37 devastating for communities of color and low-income communities that
38 bear outsized environmental burdens due to past and present
39 discriminatory environmental policies, endure higher health risks from
40 exposure, experience systemic injustice, and have faced exclusion from
41 government decision-making and enforcement efforts;
42 (d) Although Colorado has an ongoing ozone crisis that will
43 worsen with climate change, the state has repeatedly failed to meet
44 federal ozone standards established to protect public health and welfare,
45 particularly in the Denver metro/North Front Range nonattainment area
46 where a majority of Coloradans live, which was downgraded to a severe
47 nonattainment area in 2022 and has been consistently ranked among the
48 worst areas in the nation for ozone pollution;
49 (e) The federal "Clean Air Act" requires that Colorado have
50 enforceable procedures in place to assess the air quality impacts of new
51 sources and modifications and to prevent the construction of new sources
52 and modifications that would cause or contribute to a violation of federal
53 standards;
54
1 (f) "Minor" sources of pollution, including many oil and gas
2 sources that are among the largest contributors to ozone, can cause
3 exceedances of federal standards and have a devastating cumulative
4 impact on already overburdened, disproportionately impacted
5 communities, yet they often escape air quality impact analyses in
6 Colorado's permitting processes;
7 (g) An independent investigation by the Colorado attorney general
8 found the state's permitting processes "inadequate" to ensure that minor
9 sources would not exceed federal air quality standards, and the federal
10 environmental protection agency has verified that Colorado has issued air
11 emission permits that violate the federal "Clean Air Act";
12 (h) Impacted Coloradans across the state face significant barriers
13 and a lack of transparency when filing complaints and submitting
14 evidence of permit violations and action is necessary to ensure that
15 agencies are empowered to respond to complaints appropriately; and
16 (i) Because industrial operations also support many jobs in
17 Colorado, impacts on workers associated with air quality control
18 measures should be considered.
19 (2) The general assembly determines that state action to reduce
20 pollution is necessary to achieve environmental justice, and the state can
21 and should act to lower ozone and precursor levels to address the serious
22 health impacts experienced by communities across Colorado, especially
23 as the impacts of the climate crisis intensify.
24 (3) Therefore the general assembly determines and declares that:
25 (a) State agencies have a duty and a responsibility to collaborate
26 to protect Coloradans from harmful pollution and to comply with federal
27 health-based standards, which are essential steps in achieving
28 environmental justice and health equity for all communities;
29 (b) Colorado has an obligation to increase air quality analyses in
30 its permitting processes and to assess the impacts of potential new sources
31 before permits are approved in order to avoid emissions increases that
32 would cause or contribute to violations of federal air quality standards;
33 (c) Extraordinary air quality measures should be included in the
34 state implementation plan for ozone when the federal environmental
35 protection agency classifies a nonattainment area in the state as a serious,
36 severe, or extreme nonattainment area;
37 (d) It is imperative for members of the public to be meaningfully
38 engaged as partners and stakeholders in Colorado's permitting processes
39 and enforcement of permit violations once permits are issued; and
40 (e) This act is necessary to ensure that Colorado addresses the
41 disproportionate cumulative impacts of pollution, including
42 environmental and health impacts, that communities across the state
43 experience.
44 SECTION 2. In Colorado Revised Statutes, add 25-7-145 as
45 follows:
46 25-7-145. Legislative interim committee on ozone air quality
47 - created - members - repeal. (1) NOTWITHSTANDING SECTION
48 2-3-303.3, THE LEGISLATIVE INTERIM COMMITTEE ON OZONE AIR QUALITY,
49 REFERRED TO IN THIS SECTION AS THE "COMMITTEE", IS CREATED.
50 (2) THE PURPOSE OF THE COMMITTEE IS TO STUDY OZONE AIR
51 QUALITY IN THE STATE WITH A FOCUS ON:
52 (a) INVESTIGATING THE FACTORS THAT CONTRIBUTE TO OZONE
53 POLLUTION IN THE STATE, INCLUDING ANY SCIENTIFIC CONSENSUS AROUND
54 THE ISSUE OF OZONE POLLUTION;
55 (b) ANALYZING STRATEGIES TO ADDRESS AND IMPROVE
56 GROUND-LEVEL OZONE ISSUES; AND
1 (c) DEVELOPING POLICY, TECHNICAL, AND FINANCIAL SOLUTIONS
2 TO IMPROVE OZONE AIR QUALITY IN THE STATE.
3 (3) THE COMMITTEE CONSISTS OF:
4 (a) SIX MEMBERS OF THE SENATE, WITH FOUR MEMBERS APPOINTED
5 BY THE PRESIDENT OF THE SENATE AND TWO MEMBERS APPOINTED BY THE
6 MINORITY LEADER OF THE SENATE; AND
7 (b) SIX MEMBERS OF THE HOUSE OF REPRESENTATIVES, WITH FOUR
8 MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF
9 REPRESENTATIVES AND TWO MEMBERS APPOINTED BY THE MINORITY
10 LEADER OF THE HOUSE OF REPRESENTATIVES.
11 (4) THE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS
12 OF THE COMMITTEE NO LATER THAN JUNE 30, 2023. IF A VACANCY ARISES
13 ON THE COMMITTEE, THE APPOINTING AUTHORITY SHALL APPOINT A
14 MEMBER TO FILL THE VACANCY AS SOON AS POSSIBLE.
15 (5) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
16 DESIGNATE THE CHAIR OF THE COMMITTEE. IN THE CASE OF A TIE VOTE,
17 THE CHAIR OF THE COMMITTEE SHALL CAST AN ADDITIONAL DECIDING
18 VOTE.
19 (6) THE CHAIR OF THE COMMITTEE SHALL SCHEDULE THE FIRST
20 MEETING OF THE COMMITTEE NO LATER THAN SIXTY DAYS AFTER JUNE 30,
2023 21 2023. THE COMMITTEE MAY MEET UP TO SIX TIMES DURING THE
22 INTERIM, WHICH MAY INCLUDE FIELD TRIPS.
23 (7) THE COMMITTEE MAY INTRODUCE UP TO A TOTAL OF FIVE
2024 24 BILLS, JOINT RESOLUTIONS, AND CONCURRENT RESOLUTIONS IN THE
25 LEGISLATIVE SESSION. BILLS RECOMMENDED BY THE COMMITTEE ARE
24 26 EXEMPT FROM THE FIVE-BILL LIMITATION SPECIFIED IN JOINT RULE
27 (b)(1)(A). THE COMMITTEE SHALL REPORT TO THE LEGISLATIVE COUNCIL
28 BY THE DATE SPECIFIED IN JOINT RULES 24 (b)(1)(D) AND 24 (A)(d)(8).
29 ANY BILLS RECOMMENDED BY THE COMMITTEE ARE SUBJECT TO THE
30 APPLICABLE DEADLINES, BILL INTRODUCTION LIMITS, AND ANY OTHER
31 REQUIREMENTS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY
32 AND MUST BE APPROVED BY A MAJORITY VOTE OF THE COMMITTEE.
33 (8) THE LEGISLATIVE COUNCIL AND THE OFFICE OF LEGISLATIVE
34 LEGAL SERVICES SHALL PROVIDE STAFF ASSISTANCE TO THE COMMITTEE.
35 (9) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.
36 SECTION 3. In Colorado Revised Statutes, 25-7-109.3, amend
37 (3)(c) as follows:
38 25-7-109.3. Colorado hazardous air pollutant control and
39 reduction program - rules - repeal. (3) (c) The commission shall
40 designate by regulation RULE those classes of minor or insignificant
41 sources of emissions of hazardous air pollutants which THAT are exempt
42 from the requirements of this section because their emissions of
43 hazardous air pollutants will result in an inconsequential risk to public
44 health.
45 SECTION 4. In Colorado Revised Statutes, 25-7-114, amend the
46 introductory portion; and add (3.3) as follows:
47 25-7-114. Permit program - definitions. As used in sections
48 25-7-114 THIS SECTION AND SECTIONS 25-7-114.1 to 25-7-114.7, unless
49 the context otherwise requires:
50 (3.3) "MODIFICATION" OR "MODIFY" MEANS ANY PHYSICAL
51 CHANGE IN, OR CHANGE IN THE METHOD OF OPERATION OF, A STATIONARY
52 SOURCE THAT:
53 (a) INCREASES THE AMOUNT OF ANY AIR POLLUTANT EMITTED BY
54 THE SOURCE BY ANY AMOUNT ON AN ANNUAL OR HOURLY BASIS; OR
55 (b) RESULTS IN THE EMISSION OF ANY AIR POLLUTANT NOT
56 PREVIOUSLY EMITTED BY THE SOURCE.
1 SECTION 5. In Colorado Revised Statutes, 25-7-114.4, amend
2 (1) introductory portion, (1)(j), (1)(k), (1)(n), and (2) as follows:
3 25-7-114.4. Permit applications - contents - rules - definitions.
4 (1) The commission shall promulgate such regulations RULES as may be
5 necessary and proper for the orderly and effective administration of
6 construction permits and renewable operating permits. Such regulations
7 shall THE RULES MUST be in conformity with the provisions of this article
8 THIS ARTICLE 7 and with federal requirements, shall MUST be in
9 furtherance of the policy contained in section 25-7-102, and shall MUST
10 implement, where applicable, permit and permit application contents,
11 procedures, requirements, and restrictions with respect to the following:
12 (j) Duration of the permit and renewal procedures. The duration
13 of Construction permits shall be REMAIN IN EFFECT until the renewable
14 operating permit is issued, IF A RENEWABLE OPERATING PERMIT IS
15 REQUIRED UNDER SECTION 25-7-114.3. The duration of renewable
16 operating permits is five years.
17 (k) Procedures to:
18 (I) Terminate, modify ALTER, or revoke and reissue permits for
19 cause; procedures to AND
20 (II) Revise permits prior to renewal or termination to incorporate:
21 (A) Applicable standards and regulations adopted after the
22 issuance of such THE permit as expeditiously as practicable, but not later
23 than eighteen months after promulgation of the applicable requirement;
24 or to incorporate
25 (B) Otherwise applicable standards and regulations in the permit;
26 except that: no such A revision shall NOT be required PRIOR TO RENEWAL
27 OR TERMINATION OF THE PERMIT if the effective date of the standards or
28 regulation occurs after the permit term expires; such ANY revision shall
29 INCORPORATING A STANDARD OR REGULATION WITH AN EFFECTIVE DATE
30 AFTER THE PERMIT TERM EXPIRES MUST be treated as a permit renewal;
31 and the defense established under subsection (3) of this section shall
32 apply APPLIES until the permit amendment is complete;
33 (n) (I) Procedures for modifying ALTERING or amending permits,
34 and procedures for authorizing any change within a permitted facility
35 without requiring a permit revision, so long as:
36 (A) Any such THE change is not a modification under any
37 provision of subchapter I of the federal act and any such OR A
38 MODIFICATION AS DEFINED IN SECTION 25-7-114 (3.3);
39 (B) THE change does not exceed INCREASE the emissions
40 allowable under the permit; and
41 (C) Advance notice is given to the division and the administrator.
42 (II) Such THE advance notice shall DESCRIBED IN SUBSECTION
43 (1)(n)(I)(C) OF THIS SECTION MUST be GIVEN no earlier than that THE
44 NOTICE PERIOD required under regulations promulgated pursuant to the
45 federal act. Failure of the division to respond by the day following the last
46 day of such THE advance notice period allows the source to proceed with
47 any such change DESCRIBED UNDER SUBSECTION (1)(n)(I) OF THIS
48 SECTION.
49 (2) The division shall examine applications for and may issue,
50 suspend, revoke, modify ALTER, deny, and otherwise administer all
51 permits required under this article. Such ARTICLE 7. THE DIVISION'S
52 administration OF ALL PERMITS REQUIRED UNDER THIS ARTICLE 7 shall be
53 CONDUCTED in accordance with the provisions of this article and
54 regulations THIS ARTICLE 7 AND RULES promulgated by the commission.
55
1 SECTION 6. In Colorado Revised Statutes, 25-7-114.5, amend
2 (4), (5), (6)(a) introductory portion, (6)(a)(II), and (6)(b) as follows:
3 25-7-114.5. Application review - public participation -
4 definitions - rules. (4) (a) The division shall prepare its preliminary
5 analysis regarding compliance, as set forth in subsection (2) of this
6 section, and regarding the impact on attainment or nonattainment areas,
7 as set forth in subsection (3) of this section, as expeditiously as possible.
8 (b) (I) For construction permits not subject to part 2 of this article,
9 such ARTICLE 7, THE preliminary analysis shall MUST be completed no
10 later than sixty calendar days after receipt of a completed permit
11 application. Applicants must be advised within sixty calendar days after
12 receipt of any application, or supplement thereto TO ANY APPLICATION, if
13 and in what respects the subject application is incomplete. Upon failure
14 of the division to so notify the applicant within sixty calendar days of
15 AFTER its filing, the application shall be IS deemed complete.
16 (II) Applications for construction permits subject to part 2 of this
17 article shall ARTICLE 7 MUST be approved or disapproved within twelve
18 months of AFTER receipt of a complete application.
19 (c) Applications for renewable operating permits shall MUST be
20 approved or disapproved within eighteen months after the receipt of the
21 completed permit application. except that those applications submitted
22 within the first year after the effective date of the operating permit
23 program shall be subject to a phased schedule for acting on such permit
24 applications established by the division. The phased schedule shall assure
25 that at least one-third of such permits will be acted on by the division
26 annually over a three-year period. The commission may establish a
27 phased schedule for acting on applications for which a deferral has been
28 granted pursuant to the federal act.
29 (d) A timely and complete RENEWABLE OPERATING permit
30 application operates as a defense to AN enforcement action for operating
31 without a permit for the period of time during which the division or the
32 commission is reviewing the application and until such time as the
33 division or the commission makes a final determination on the permit
34 application; except that this defense to an enforcement action shall IS not
35 be available to an applicant which THAT files a fraudulent application.
36 (5) (a) For those types of projects or activities for which a
37 construction permit application has been filed AND THAT HAVE BEEN
38 defined or designated by the commission as warranting public comment
39 with respect thereto TO THE CONSTRUCTION PERMIT APPLICATION, the
40 division shall, within fifteen calendar days after it has prepared its
41 preliminary analysis PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION:
42 (I) Give public notice of the proposed project or activity by at
43 least one publication in a newspaper of general distribution in the area in
44 which the proposed project or activity, or a part thereof, is to be located
45 or by such other method that is reasonably designed to ensure effective
46 general public notice; The division shall also during such period of time
47 maintain in the office of the county clerk and recorder of the county in
48 which the proposed project or activity, or a part thereof, is located AND
49 (II) POST ON THE DIVISION'S WEBSITE a copy of its preliminary
50 analysis and a copy of the application with all accompanying data for
51 public inspection.
52 (b) The division shall receive and consider public comment
53 thereon ON THE CONSTRUCTION PERMIT APPLICATION for a period of AT
54 LEAST thirty calendar days thereafter AFTER THE PUBLIC NOTICE AND
55 POSTING OF A COPY OF THE PRELIMINARY ANALYSIS AND PERMIT
56 APPLICATION ON ITS WEBSITE PURSUANT TO SUBSECTION (5)(a) OF THIS
1 SECTION. IF THE LAST DAY OF THE PUBLIC COMMENT PERIOD FALLS ON A
2 WEEKEND OR STATE HOLIDAY, THE PUBLIC COMMENT PERIOD ENDS ON THE
3 FOLLOWING BUSINESS DAY.
4 (6) (a) For any construction permit application subject to the
5 requirements of a new or modified major source in a nonattainment area,
6 or for prevention of significant deterioration as provided in part 2 of this
7 article ARTICLE 7, or for any application for a renewable operating permit,
8 within fifteen calendar days after the issuance of its preliminary analysis
9 PREPARED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, the division
10 shall:
11 (II) Give public notice of the proposed source or modification and
12 the division's preliminary analysis thereof APPLICABLE TO THE PROPOSED
13 SOURCE OR MODIFICATION by at least one publication in a newspaper of
14 general distribution in the area of the proposed source or modification, or
15 by such other method that is reasonably designed to ensure effective
16 general public notice. Such THE PUBLIC notice shall MUST advise of the
17 opportunity for a public hearing for interested persons to appear and
18 submit written or oral comments to the commission on the air quality
19 impacts of the source or modification, the alternatives to the source or
20 modification, the control technology required, if applicable, and other
21 appropriate considerations. Any such notice shall be printed prominently
22 in at least ten-point bold-faced type. The division shall receive and
23 consider any comments submitted.
24 (b) (I) If within thirty calendar days of AFTER publication of such
25 THE public notice PURSUANT TO SUBSECTION (6)(a)(II) OF THIS SECTION
26 the applicant or an interested person submits a written request for a public
27 hearing to the division, the division shall transmit such THE request to the
28 commission, along with the application, the division's preliminary
29 analysis PREPARED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, and
30 any written comments received by the division, within five calendar days
31 of AFTER the end of such thirty-day THE PUBLIC COMMENT period.
32 (II) The commission shall, within sixty calendar days after receipt
33 of the application, comments, and analysis, unless such A greater time is
34 agreed to by the applicant and the division, hold a public hearing to elicit
35 and record the comment of any interested person regarding the
36 sufficiency of the DIVISION'S preliminary analysis and whether the permit
37 application should be approved or denied. At least thirty calendar days
38 prior to such THE public hearing, notice thereof shall be mailed by the
39 commission SHALL:
40 (A) MAIL THE NOTICE OF THE PUBLIC HEARING to the applicant;
41 printed in a newspaper of general distribution in the area of the proposed
42 source or modification, and submitted for public review with the county
43 clerk and recorder of the county wherein the project or activity is
44 proposed. AND
45 (B) POST THE NOTICE OF THE PUBLIC HEARING ON THE
46 COMMISSION'S WEBSITE.
47 SECTION 7. In Colorado Revised Statutes, 25-7-115, amend (2),
48 (3)(a), (3)(b), and (7)(b); and add (4)(a)(III) and (4)(c) as follows:
49 25-7-115. Enforcement - civil actions - definitions. (2) (a) If a
50 written and verified complaint is filed with the division alleging that, or
51 if the division itself has cause to believe that, any person is violating or
52 failing to comply with any regulation RULE of the commission issued
53 pursuant to parts 1 to 4 of this article ARTICLE 7, order issued pursuant to
54 section 25-7-118, requirement of the state implementation plan, OR
55 provision of parts 1 to 4 of this article ARTICLE 7, including any term or
56 condition of a permit required pursuant to this article ARTICLE 7, the
1 division shall cause a prompt AND DILIGENT investigation to be made and,
2 if the division investigation determines that any such violation or failure
3 to comply exists, UNLESS:
4 (I) THE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE
5 FRIVOLOUS OR TRIVIAL; OR
6 (II) THE COMPLAINANT WITHDRAWS THE COMPLAINT WITHIN THE
7 TIME ALLOTTED FOR THE COMPLAINT TO BE INVESTIGATED.
8 (b) (I) The division shall act expeditiously and within the period
9 prescribed by law in WITHIN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT
10 FILED, OR AFTER THE DISCOVERY OF THE ALLEGED VIOLATION OR
11 NONCOMPLIANCE, PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, TO
12 formally notifying NOTIFY the owner or operator of such THE air pollution
13 source after the discovery of the alleged violation or noncompliance.
14 Such THE notice shall MUST specify the provision alleged to have been
15 violated or not complied with and the facts alleged to constitute the
16 violation or noncompliance.
17 (II) IF THE DIVISION IS ACTING IN RESPONSE TO A COMPLAINT, THE
18 DIVISION SHALL NOTIFY THE COMPLAINANT THAT AN INVESTIGATION HAS
19 COMMENCED AT THE TIME THAT THE DIVISION PROVIDES NOTICE TO THE
20 OWNER OR OPERATOR OF THE AIR POLLUTION SOURCE PURSUANT TO
21 SUBSECTION (2)(b)(I) OF THIS SECTION.
22 (c) IN INVESTIGATING A COMPLAINT PURSUANT TO SUBSECTION
23 (2)(a) OF THIS SECTION, THE DIVISION SHALL ACCEPT AND CONSIDER ALL
24 RELEVANT EVIDENCE IT RECEIVES OR ACQUIRES, INCLUDING AUDIO, VIDEO,
25 AND TESTIMONIAL EVIDENCE.
26 (3) (a) (I) Within thirty calendar days after notice has been given
27 PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION, the division shall
28 confer with the owner or operator of the source to determine whether a
29 violation or noncompliance did or did not occur OCCURRED and, if such
30 violation or noncompliance occurred, whether a noncompliance penalty
31 must be assessed under subsection (5) of this section. The division shall
32 provide THE OWNER OR OPERATOR an opportunity to the owner or operator
33 at such AT THE conference, and may provide further opportunity,
34 thereafter NOT TO EXCEED THIRTY ADDITIONAL CALENDAR DAYS AFTER
35 THE CONFERENCE, to submit data, views, and arguments concerning the
36 alleged violation or noncompliance or the assessment of any
37 noncompliance penalty.
38 (II) NO LATER THAN NINETY DAYS AFTER NOTICE HAS BEEN GIVEN
39 PURSUANT TO SUBSECTION (2)(b)(I) OF THIS SECTION, THE DIVISION SHALL
40 DETERMINE WHETHER A VIOLATION OR NONCOMPLIANCE OCCURRED. IF A
41 COMPLAINT WAS FILED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION
42 ALLEGING THE VIOLATION OR NONCOMPLIANCE, THE DIVISION SHALL
43 PROMPTLY NOTIFY THE COMPLAINANT OF THE DIVISION'S DETERMINATION.
44 (b) (I) If, after any such THE conference PURSUANT TO
45 SUBSECTION (3)(a)(I) OF THIS SECTION, THE DIVISION DETERMINES THAT
46 a violation or noncompliance is determined to have HAS occurred, the
47 division shall issue an order requiring the owner or operator or any other
48 responsible person to comply. unless the owner or operator demonstrates
49 that the violation occurred during a period of start-up, shutdown, or
50 malfunction and timely notice was given to the division of the condition.
51 (II) IF A COMPLAINT IS FILED PURSUANT TO SUBSECTION (2)(a) OF
52 THIS SECTION ALLEGING THE VIOLATION OR NONCOMPLIANCE, THE
53 DIVISION SHALL SEND THE ORDER TO THE COMPLAINANT.
54 (III) The order may:
55
1 (A) Include THE termination, modification ALTERATION, or
2 revocation and reissuance of the subject permit;
3 (B) INCLUDE the assessment of civil penalties in accordance with
4 section 25-7-122 and SUBSECTION (3)(b)(IV) OF THIS SECTION;
5 (C) In addition to civil penalties, INCLUDE a requirement to
6 perform one or more projects to mitigate violations related to excess
7 emissions; The order may also AND
8 (D) Require the calculation of a noncompliance penalty under
9 subsection (5) of this section.
10 (IV) IN DETERMINING THE AMOUNT TO ASSESS FOR A CIVIL
11 PENALTY FOR A VIOLATION OR NONCOMPLIANCE, THE DIVISION SHALL:
122 12 (A) CONSIDER THE FACTORS DESCRIBED IN SECTION 25-7-
13 (2)(a); AND
14 (B) NOT ASSESS A PENALTY FOR A VIOLATION OR NONCOMPLIANCE
15 THAT IS LESS THAN THE ECONOMIC BENEFIT THAT THE OWNER OR
16 OPERATOR DERIVED FROM THE VIOLATION OR NONCOMPLIANCE.
17 (V) Unless enforcement of its order has been stayed as provided
18 in subsection (4)(b) of this section, the division may seek enforcement, IN
19 THE DISTRICT COURT FOR THE DISTRICT WHERE THE AFFECTED AIR
20 POLLUTION SOURCE IS LOCATED, OF:
21 (A) Pursuant to section 25-7-121 or 25-7-122, of the AN
22 applicable rule of the commission;
23 (B) AN order issued pursuant to section 25-7-121 or 25-7-122 or
24 the applicable rule of the commission;
25 (C) AN order issued pursuant to section 25-7-118;
26 (D) A requirement of the state implementation plan;
27 (E) A provision of this article 7; or
28 (F) THE terms or conditions of a permit required pursuant to this
29 article 7. in the district court for the district where the affected air
30 pollution source is located.
31 (VI) The court shall issue an appropriate order, which may include
32 a schedule for compliance by the owner or operator of the source.
33 (4) (a) (III) IF A HEARING IS REQUESTED PURSUANT TO SUBSECTION
34 (4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL PROVIDE AT LEAST
35 FORTY-FIVE DAYS' NOTICE TO ANY COMPLAINANT THAT FILED A
36 COMPLAINT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION ALLEGING
37 A VIOLATION OR NONCOMPLIANCE AT ISSUE IN THE HEARING. THE
38 COMPLAINANT MAY PARTICIPATE AS A PARTY TO THE HEARING.
39 (c) (I) WITHIN TWENTY CALENDAR DAYS AFTER RECEIPT OF A
40 DETERMINATION BY THE DIVISION THAT NO VIOLATION OR
41 NONCOMPLIANCE OCCURRED PURSUANT TO SUBSECTION (3)(a)(II) OF THIS
42 SECTION OR AN ORDER PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION,
43 ANY COMPLAINANT THAT FILED A COMPLAINT ALLEGING THE VIOLATION
44 OR NONCOMPLIANCE MAY FILE WITH THE COMMISSION A WRITTEN
45 PETITION REQUESTING A HEARING TO DETERMINE ANY OF THE FOLLOWING:
46 (A) WHETHER THE ALLEGED VIOLATION OR NONCOMPLIANCE
47 EXISTS OR DID EXIST;
48 (B) WHETHER A REVISION TO THE STATE IMPLEMENTATION PLAN
49 OR REVISION OF A REGULATION OR STANDARD THAT IS NOT PART OF THE
50 STATE IMPLEMENTATION PLAN SHOULD BE IMPLEMENTED WITH RESPECT
51 TO THE ALLEGED VIOLATION OR NONCOMPLIANCE; OR
52 (C) WHETHER THE OWNER OR OPERATOR IS SUBJECT TO CIVIL
53 PENALTIES PURSUANT TO SECTION 25-7-122 OR NONCOMPLIANCE
54 PENALTIES UNDER SUBSECTION (5) OF THIS SECTION, OR WHETHER THE
55 CIVIL OR NONCOMPLIANCE PENALTIES WERE ASSESSED INCORRECTLY.
56
1 (II) THE HEARING DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS
2 SECTION MUST:
3 (A) ALLOW THE PARTIES TO PRESENT EVIDENCE AND ARGUMENT
4 ON ALL ISSUES AND TO CONDUCT CROSS-EXAMINATION AS REQUIRED FOR
5 FULL DISCLOSURE OF THE FACTS; AND
6 (B) BE CONDUCTED IN ACCORDANCE WITH SECTION 25-7-119.
7 (III) THE COMPLAINANT SHALL SEND A COPY OF THE PETITION
8 DESCRIBED IN SUBSECTION (4)(c)(I) OF THIS SECTION TO THE ALLEGED
9 VIOLATOR AT THE TIME OF FILING THE PETITION WITH THE COMMISSION.
10 (7) (b) The division may, after notice and opportunity for a public
11 hearing, exempt THE OWNER OR OPERATOR OF any stationary source from
12 the duty to pay a noncompliance penalty pursuant to this section with
13 respect to a particular instance of noncompliance if it finds that such THE
14 instance of noncompliance is inconsequential in nature and duration. Any
15 instance of noncompliance occurring during a period of start-up,
16 shutdown, or malfunction shall be deemed to be inconsequential. If a
17 public hearing is requested by an interested person, the request shall MUST
18 be transmitted to the commission within twenty calendar days of AFTER
19 its receipt by the division. The commission shall, within sixty calendar
20 days of AFTER its receipt of the request, hold a public hearing, with
21 respect thereto and within thirty calendar days of such AFTER THE hearing,
22 issue its decision.
23 SECTION 8. In Colorado Revised Statutes, 25-7-122, amend
24 (2)(a) introductory portion, (2)(a)(VI), (2)(a)(VII), and (2)(a)(VIII); and
25 add (2)(a)(IX) as follows:
26 25-7-122. Civil penalties - rules - definitions. (2) (a) In
27 determining the amount of any civil penalty, the following factors
28 DIVISION shall be considered CONSIDER THE FOLLOWING FACTORS:
29 (VI) AS A RESULT OF THE VIOLATION OR NONCOMPLIANCE, THE
30 impact on or threat to: the
31 (A) Public health; or
32 (B) SAFETY;
33 (C) Welfare; or
34 (D) The environment; as a result of the violation AND
35 (E) WILDLIFE AND BIOLOGICAL RESOURCES;
36 (VII) Malfeasance; and
37 (VIII) Whether legal and factual theories were advanced for
38 purposes of delay; AND
39 (IX) THE SEVERITY OF THE VIOLATION OR NONCOMPLIANCE.
40 SECTION 9. In Colorado Revised Statutes, 25-7-123.1, amend
41 (1) as follows:
42 25-7-123.1. Statute of limitations - penalty assessment -
43 criteria. (1) (a) EXCEPT WITH RESPECT TO AN ACTION COMMENCED TO
44 ADDRESS A FAILURE TO OBTAIN A PERMIT REQUIRED BY THIS ARTICLE 7,
45 any action COMMENCED, INCLUDING FOR THE ASSESSMENT OF CIVIL
46 PENALTIES, pursuant to this section ARTICLE 7 THAT IS not commenced
47 within five years of AFTER THE occurrence of the alleged violation is time
48 barred.
49 (b) Without expanding the statute of limitations contained in
50 paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION,
51 any action COMMENCED, INCLUDING THE ASSESSMENT OF CIVIL PENALTIES,
52 pursuant to this article ARTICLE 7, except those commenced pursuant to
53 section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), which THAT is not
54 commenced within eighteen months of AFTER the date upon which the
55 division discovers the alleged violation is time barred. For purposes of
56 this section, the division discovers the alleged violation when it learns of
1 the alleged violation or should have learned of the alleged violation by the
2 exercise of reasonable diligence, including by receipt of actual or
3 constructive notice.
4 (c) The five-year period of limitation contained PERIODS OF
5 LIMITATION DESCRIBED in this section does DO not apply where THE
6 ALLEGED VIOLATOR KNOWINGLY OR WILLFULLY CONCEALS information
7 regarding the alleged violation. is knowingly or willfully concealed by the
8 alleged violator.
9 SECTION 10. In Colorado Revised Statutes, add 25-7-146 as
10 follows:
11 25-7-146. Emissions standards for stationary engines -
12 definitions - rules. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
13 OTHERWISE REQUIRES:
14 (a) "INFEASIBLE" MEANS ELECTRIFICATION OF OIL AND GAS
15 OPERATIONS IS INFEASIBLE BECAUSE THERE IS NO REASONABLE ACCESS, OR
16 OPPORTUNITY TO CREATE ACCESS, TO THE ELECTRICAL POWER GRID.
17 (b) "OIL AND GAS OPERATIONS" HAS THE MEANING SET FORTH IN
18 SECTION 34-60-103 (6.5).
19 (c) "OPERATOR" HAS THE MEANING SET FORTH IN SECTION
20 34-60-103 (6.8).
21 (d) "STATIONARY ENGINE" MEANS ANY RICH AND LEAN BURN
22 RECIPROCATING INTERNAL COMBUSTION ENGINE USED IN OIL AND GAS
23 OPERATIONS.
24 (2) NO LATER THAN JANUARY 1, 2025, THE COMMISSION SHALL
25 ADOPT RULES THAT REQUIRE THE ELECTRIFICATION OF ALL STATIONARY
26 ENGINES UNLESS THE OPERATOR OF THE OIL AND GAS OPERATIONS CAN
27 DEMONSTRATE TO THE DIVISION'S SATISFACTION THAT ELECTRIFICATION
28 OF THE STATIONARY ENGINES IS INFEASIBLE.
29 (3) IF AN OPERATOR MAKES THE DEMONSTRATION PURSUANT TO
30 SUBSECTION (2) OF THIS SECTION, THE DIVISION SHALL REQUIRE THAT ANY
31 EXISTING, NEW, MODIFIED, OR RELOCATED STATIONARY ENGINES MEET
32 THE FOLLOWING NITROGEN OXIDE EMISSIONS LIMITS OR CONTROL
33 REQUIREMENTS:
34 (a) FOR ENGINES OF ONE HUNDRED TO FIVE HUNDRED
35 HORSEPOWER:
36 (I) COMPLIANCE WITH A ONE-QUARTER GRAM PER
37 HORSEPOWER-HOUR NITROGEN OXIDE EMISSIONS LIMIT; OR
38 (II) INSTALLATION OF NONSELECTIVE CATALYTIC REDUCTION AND
39 AIR FUEL RATIO CONTROLLERS; AND
40 (b) FOR ENG
House Journal, April 28
37 HB23-1294 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend the Energy and Environment Committee Report, dated April 20,
42 2023, page 1, lines 25 and 26, strike "welfare, particularly" and substitute
43 "welfare".
44
45 Page 2, line 2, strike "pollution;" and substitute "pollution by the
46 American lung association;".
47
48 Page 2, line 9, after "cause" insert "and contribute to".
49
50 Page 2, strike lines 14 through 18.
51
52 Reletter succeeding paragraphs accordingly.
53
54 Page 2, strike lines 36 through 39.
55
1 Reletter succeeding paragraphs accordingly.
2
3 Page 4, strike lines 13 through 43.
4
5 Strike pages 5 through 7.
6
7 Page 8, strike lines 1 through 17.
8
9 Renumber succeeding sections accordingly.
10
11 Page 8, line 19, strike "(3)(a)," and "and (4)(c)".
12
13 Page 8, strike lines 28 through 30 and substitute "division shall cause a
14 prompt AND DILIGENT investigation to be made and, UNLESS:".
15
16 Page 8, strike lines 35 through 38 and substitute:
17
18 "(b) WITHIN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT FILED
19 PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE DIVISION SHALL
20 RESPOND TO A COMPLAINANT TO OUTLINE THE STEPS OF THE COMPLAINT
21 INVESTIGATION.
22 (c) (I) If the division investigation determines that any such
23 violation or failure to comply exists, the division shall act expeditiously
24 and within the period prescribed by law in TO".
25
26 Page 9, line 5, strike "(2)(b)(I)" and substitute "(2)(c)(I)".
27 Page 9, strike lines 6 through 9 and substitute:
28
29 "(d) THE DIVISION SHALL ACCEPT AND CONSIDER ALL RELEVANT
30 EVIDENCE IT RECEIVES OR ACQUIRES IN INVESTIGATING AND DETERMINING
31 WHETHER A VIOLATION OR NONCOMPLIANCE OCCURRED, INCLUDING
32 AUDIO, VIDEO, AND TESTIMONIAL EVIDENCE.".
33
34 Page 9, strike lines 10 through 27.
35
36 Page 9, line 28, before "(b)" insert "(3) ".
37
38 Page 9, line 29, strike "(3)(a)(I)" and substitute "(3)(a)".
39
40 Page 10, strike lines 34 through 43.
41
42 Page 11, strike lines 1 through 16.
43
44 Page 11, strike lines 30 through 43.
45
46 Page 12, strike lines 1 through 3 and substitute:
47
48 "SECTION 8. In Colorado Revised Statutes, 25-7-122, amend
49 (2)(a) introductory portion, (2)(a)(VII), and (2)(a)(VIII); and add
50 (2)(a)(IX) as follows:
51 25-7-122. Civil penalties - rules - definitions. (2) (a) In
52 determining the amount of any civil penalty, the following factors
53 DIVISION shall be considered CONSIDER THE FOLLOWING FACTORS:
54 (VII) Malfeasance; and
55
1 (VIII) Whether legal and factual theories were advanced for
2 purposes of delay; AND
3 (IX) THE SEVERITY OF THE VIOLATION OR NONCOMPLIANCE.".
4
5 Page 12, line 7, strike "AN" and substitute "ANY".
6
7 Page 12, line 9, strike "COMMENCED, INCLUDING" and substitute
8 "COMMENCED".
9
10 Page 12, strike lines 29 through 43.
11
12 Strike page 13.
13
14 Page 14, strike lines 1 through 12.
15
16 Renumber succeeding sections accordingly.
17
18 Page 16, after line 24 insert:
19
20 "SECTION 15. Appropriation. (1) For the 2023-24 state fiscal
21 year, $79,493 is appropriated to the department of public health and
22 environment for use by the air pollution control division This
23 appropriation is from the general fund. To implement this act, the division
24 may use this appropriation as follows:
25 (a) $71,473 for personal services related to stationary sources,
26 which amount is based on an assumption that the division will require an
27 additional 0.9 FTE; and
28 (b) $8,020 for operating expenses related to stationary sources.
29 (2) For the 2023-24 state fiscal year, $820,697 is appropriated to
30 the department of natural resources. This appropriation is from the oil and
31 gas conservation and environmental response fund created in section
32 34-60-122 (5), C.R.S. To implement this act, the department may use this
33 appropriation as follows:
34 (a) $725,531 for use by the oil and gas conservation commission
35 for program costs, which amount is based on an assumption that the
36 commission will require an additional 6.0 FTE; and
37 (b) $95,166 for use by the executive director's office for the
38 purchase of legal services.
39 (3) For the 2023-24 state fiscal year, $95,166 is appropriated to
40 the department of law. This appropriation is from reappropriated funds
41 received from the department of natural resources under subsection (2)(b)
42 of this section and is based on an assumption that the department of law
43 will require an additional 0.5 FTE. To implement this act, the department
44 of law may use this appropriation to provide legal services for the
45 department of natural resources.
46 (4) For the 2023-24 state fiscal year, $61,616 is appropriated to
47 the legislative department. This appropriation is from the general fund. To
48 implement this act, the department may use this appropriation as follows:
49 (a) $26,180 for use by the legislative council, which amount is
3 50 based on an assumption that the council will require an additional 0.
51 FTE;
52 (b) $18,452 for use by the committee on legal services, which
53 amount is based on an assumption that the committee will require an
54 additional 0.2 FTE; and
55 (c) $16,984 for use by the general assembly.".
1 Renumber succeeding sections accordingly.
2
3 Page 16 of the report, after line 30 insert:
4
5 "Page 1 of the bill, line 102, strike "POLLUTION." and substitute
6 "POLLUTION, AND, IN CONNECTION THEREWITH, MAKING AN
7 APPROPRIATION.".".
8
9
House Journal, April 29
28 Amendment No. 1, Appropriations Report, dated April 28, 2023, and
29 placed in member's bill file; Report also printed in House Journal,
30 April 28, 2023.
31
32 Amendment No. 2, Energy & Environment Report, dated April 20, 2023,
33 and placed in member's bill file; Report also printed in House Journal,
34 April 21, 2023.
35
36 Amendment No. 3, by Representative Winter:
37
38 Amend the Energy and Environment Committee Report, dated April 20,
39 2023, page 4, after line 11 insert:
40
41 "(9) THE COMMITTEE SHALL SEEK PRESENTATIONS AND COMMENTS
42 FROM AFFECTED INDUSTRIES, WORKERS, LOCAL GOVERNMENTS, RELEVANT
43 STATE AGENCIES, AND IMPACTED COMMUNITIES EXPERIENCING OZONE
44 POLLUTION.".
45
46 Renumber succeeding subsection accordingly.
47
48 As amended, ordered engrossed and placed on the Calendar for Third
49 Reading and Final Passage.
50
Senate Journal, May 7
HB23-1294 by Representative(s) Bacon and Willford, Amabile, Boesenecker, Brown, deGruy Kennedy,
Dickson, English, Epps, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp,
Lindsay, Lindstedt, Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini,
Story, Valdez, Velasco, Woodrow; also Senator(s) Winter F. and Gonzales--Concerning
measures to protect communities from pollution, and, in connection therewith, making an
appropriation.
Amendment No. 1(L.076), by Senator Gonzales.
Amend reengrossed bill, page 8, strike lines 15 through 24.
Renumber succeeding subsections accordingly.
Page 9, line 18, strike "FRIVOLOUS OR TRIVIAL;" and substitute "FRIVOLOUS,
FALSIFIED, OR TRIVIAL;".
Page 10, line 13, strike "EVIDENCE." and substitute "EVIDENCE, UNLESS THE
EVIDENCE IS, ON ITS FACE, FALSIFIED.".
Page 14, strike lines 16 through 27.
Strike page 15.
Page 16, strike lines 1 through 12.
Renumber succeeding sections accordingly.
Page 16, line 24, strike "FRIVOLOUS OR TRIVIAL;" and substitute "FRIVOLOUS,
FALSIFIED, OR TRIVIAL;".
Page 17, line 3, strike "EVIDENCE." and substitute "EVIDENCE, UNLESS THE
EVIDENCE IS, ON ITS FACE, FALSIFIED.".
Amendment No. 2(L.079), by Senator Winter.
Amend reengrossed bill, page 14, strike lines 2 through 15 and substitute:
"SECTION 6. In Colorado Revised Statutes, 34-60-106, add (11)(d)
as follows:
34-60-106. Additional powers of commission - rules - definitions -
repeal. (11) (d) (I) BY APRIL 28, 2024, THE COMMISSION SHALL PROMULGATE
RULES THAT EVALUATE AND ADDRESS THE CUMULATIVE IMPACTS OF OIL AND
GAS OPERATIONS. THE RULES SHALL INCLUDE A DEFINITION OF CUMULATIVE
IMPACTS.
(II) THE COMMISSION SHALL PROVIDE RESOURCES TO SUPPORT
COMMUNITY ENGAGEMENT IN THE PROCESS FROM AFFECTED COMMUNITIES,
INCLUDING TRANSLATION, OUTREACH, AND OTHER STRATEGIES TO SUPPORT
PUBLIC PARTICIPATION.
(III) IN PROMULGATING THE DEFINITION OF CUMULATIVE IMPACTS BY
RULE PURSUANT TO SUBSECTION (11)(d)(I) OF THIS SECTION, THE COMMISSION
SHALL REVIEW, CONSIDER, AND INCLUDE ADDRESSABLE IMPACTS TO CLIMATE,
PUBLIC HEALTH, THE ENVIRONMENT, AIR QUALITY, WATER QUALITY, NOISE,
ODOR, WILDLIFE, AND BIOLOGICAL RESOURCES, AND TO DISPROPORTIONATELY
IMPACTED COMMUNITIES, AS DEFINED IN SECTION 24-4-109 (2)(b)(II).
(IV) AS USED IN THIS SUBSECTION (11)(d), "IMPACTS TO CLIMATE"
MEANS QUANTIFICATION OF EMISSIONS OF GREENHOUSE GASES, AS DEFINED IN
SECTION 25-7-140 (6), THAT OCCUR FROM SOURCES THAT ARE CONTROLLED OR
OWNED BY THE OPERATOR AND REASONABLY FORESEEABLE TRUCK TRAFFIC AT
AN OIL AND GAS LOCATION.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.