Amendments for HB24-1346
House Journal, April 12
5 HB24-1346 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend printed bill, page 3, strike line 5.
10
11 Page 4, strike lines 1 through 12 and substitute "TO BE IN THE PUBLIC
12 INTEREST FOR THE COMMISSION TO IMPLEMENT AND ADMINISTER A
13 PROGRAM FOR THE PERMITTING AND REGULATION OF PERMANENT
14 GEOLOGIC STORAGE OPERATIONS IN A WAY THAT PRIORITIZES:
15 (a) CONTRIBUTIONS TOWARD ACHIEVING THE STATE'S
16 GREENHOUSE GAS EMISSION REDUCTION GOALS, AS SET FORTH IN SECTION
17 25-7-102 (2)(g);
18 (b) BENEFITS TO THE STATE AND GLOBAL ENVIRONMENT BY
19 REDUCING CARBON DIOXIDE POLLUTION;
20 (c) OPPORTUNITIES TO SUPPORT A JUST TRANSITION AND TO HELP
21 RETRAIN WORKERS, PARTICULARLY WORKERS PREVIOUSLY EMPLOYED IN
22 THE FOSSIL FUEL INDUSTRY;
23 (d) PROTECTING DISPROPORTIONATELY IMPACTED COMMUNITIES
24 AND ADVANCING ENVIRONMENTAL JUSTICE; AND
25 (e) THE SAFE AND RESPONSIBLE USE OF COLORADO'S ABUNDANT
26 NATURAL RESOURCES FOR THE PERMANENT STORAGE OF CARBON
27 DIOXIDE.".
28
29 Page 4, strike lines 20 through 25.
30
31 Renumber succeeding subsections accordingly.
32
33 Page 5, line 21, strike "34-60-142," and substitute "34-60-141,".
34
35 Page 5, after line 24 insert:
36
37 "(7) (a) "CUMULATIVE IMPACTS" MEANS THE EFFECTS ON PUBLIC
38 HEALTH AND THE ENVIRONMENT, INCLUDING THE IMPACTS TO AIR
39 QUALITY, WATER QUALITY, CLIMATE, NOISE, ODOR, WILDLIFE, AND
40 BIOLOGICAL RESOURCES, CAUSED BY THE INCREMENTAL IMPACTS THAT A
41 PROPOSED NEW OR AMENDED OPERATION REGULATED BY THE COMMISSION
42 PURSUANT TO THIS ARTICLE 60 WOULD HAVE WHEN ADDED TO THE
43 IMPACTS FROM OTHER PAST, PRESENT, AND REASONABLY FORESEEABLE
44 FUTURE DEVELOPMENT OF ANY TYPE ON THE IMPACT AREA OR ON A
45 DISPROPORTIONATELY IMPACTED COMMUNITY.
46 (b) "CUMULATIVE IMPACTS" MAY INCLUDE BOTH ADVERSE AND
47 BENEFICIAL ENVIRONMENTAL IMPACTS.
48 (c) THIS SUBSECTION (7) IS EFFECTIVE ON THE EFFECTIVE DATE OF
49 THE RULES ADOPTED PURSUANT TO SECTION 34-60-106 (11)(d)(I).".
50
51 Renumber succeeding subsections accordingly.
52
53 Page 5, strike lines 25 through 27.
54
55 Page 6, strike lines 1 through 3.
56
1 Renumber succeeding subsections accordingly.
2
3 Page 6, strike lines 9 and 10 and substitute "ALL OPERATIONS REGULATED
4 BY THE COMMISSION.".
5
6 Page 6, line 11, strike "AN" and substitute "ANY".
7
8 Page 6, strike lines 12 and 13 and substitute "PERSON THAT EXERCISES
9 THE RIGHT TO CONTROL THE CONDUCT OF ENERGY AND CARBON
10 MANAGEMENT OPERATIONS.".
11
12 Page 7, line 2, before ""GEOLOGIC" insert "(a)".
13
14 Page 7, after line 6 insert:
15
16 "(b) "GEOLOGIC STORAGE FACILITY" DOES NOT INCLUDE PIPELINES
17 REGULATED BY THE PIPELINE AND HAZARDOUS MATERIALS SAFETY
18 ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
19 TRANSPORTATION OR THE PUBLIC UTILITIES COMMISSION.".
20
21 Page 8, line 1, strike "(18)(a) OR (18)(b)" and substitute "(17)(a) OR
22 (17)(b)".
23
24 Page 8, line 17, strike "34-60-142." and substitute "34-60-141.".
25
26 Page 8, after line 20 insert:
27
28 "(22) "IMPACT AREA" MEANS A DEFINED GEOGRAPHIC AREA OR
29 AREAS IN WHICH OPERATIONS REGULATED BY THE COMMISSION HAVE THE
30 POTENTIAL TO CONTRIBUTE TO CUMULATIVE IMPACTS. THE COMMISSION
31 SHALL DETERMINE THE IMPACT AREA FOR A PARTICULAR PROPOSED
32 OPERATION BASED ON THE NATURE, INTENSITY, AND SCOPE OF THE
33 OPERATION IN ITS PROPOSED LOCATION AND THE GEOGRAPHIC EXTENT OF
34 POTENTIAL IMPACTS.
35 (23) "IMPACTS TO CLIMATE" MEANS THE QUANTIFICATION OF
36 EMISSIONS OF GREENHOUSE GASES, AS DEFINED IN SECTION 25-7-140 (6),
37 THAT OCCUR FROM SOURCES THAT ARE CONTROLLED OR OWNED BY THE
38 ENERGY AND CARBON MANAGEMENT OPERATOR AND FROM REASONABLY
39 FORESEEABLE TRUCK TRAFFIC, AS WELL AS REDUCTIONS IN GREENHOUSE
40 GAS EMISSIONS, ASSOCIATED WITH THE PROPOSED OPERATION.
41 (24) "INJECTION CARBON DIOXIDE" MEANS CARBON DIOXIDE,
42 INCLUDING ITS DERIVATIVES AND ALL MIXTURES, COMBINATIONS, AND
43 PHASES, WHETHER LIQUID, GASEOUS, SUPER-CRITICAL, OR SOLID, AND
44 WHETHER STRIPPED, SEGREGATED, OR DIVIDED FROM ANY OTHER FLUID
45 STREAM, INCLUDING ALL INCIDENTAL ASSOCIATED SUBSTANCES DERIVED
46 FROM THE SOURCE MATERIALS.".
47
48 Renumber succeeding subsections accordingly.
49
50 Page 8, strike lines 23 through 27.
51
52 Page 9, strike lines 1 and 2 and substitute:
53
54 "(a) Municipality or city and county within whose boundaries an
55 oil and gas location A SURFACE LOCATION FOR ENERGY AND CARBON
56 MANAGEMENT OPERATIONS is sited or proposed to be sited; or
1 (b) County, if an oil and gas location A SURFACE LOCATION FOR
2 ENERGY AND CARBON MANAGEMENT OPERATIONS is sited or proposed to
3 be sited within the boundaries of the county but is not located within a
4 municipality or city and county.".
5
6 Page 10, line 2, strike "(28)(b)" and substitute "(30)(b)".
7
8 Page 10, line 7, strike "(28)." and substitute "(30).".
9
10 Page 11, after line 6 insert:
11
12 "(39) "REASONABLY FORESEEABLE FUTURE DEVELOPMENT"
13 MEANS DEVELOPMENT THAT HAS NOT YET BEEN UNDERTAKEN FOR WHICH
14 AN APPLICABLE LOCAL, STATE, OR FEDERAL AGENCY HAS RECEIVED AN
15 APPLICATION OR ISSUED A PERMIT. FUTURE DEVELOPMENT IS REASONABLY
16 FORESEEABLE ONLY IF INFORMATION RELATED TO THE PERMIT IS PUBLICLY
17 AVAILABLE.".
18
19 Renumber succeeding subsections accordingly.
20
21 Page 12, line 1, strike "(40)(b)" and substitute "(43)(b)".
22
23 Page 12, line 21, strike "(40)" and substitute "(43)" and strike "(41)" and
24 substitute "(44)".
25
26 Page 12, line 22, strike "(42)(b)" and substitute "(45)(b)".
27
28 Page 14, line 2, strike "and (22); repeal (9)(e)(III);" and substitute "and
29 (11)(d)(I); repeal (9)(c)(III)(C), (9)(e)(III), (11)(d)(III), and (11)(d)(IV);".
30
31 Page 14, line 17, strike "LOCATION" and substitute "OPERATIONS".
32
33 Page 14, after line 26 insert:
34
35 "(C) As used in this subsection (9)(c)(III), "cumulative impacts"
36 means the effect on public health and the environment, including the
37 effect on air quality, water quality, the climate, noise, odor, wildlife, and
38 biological resources, caused by the incremental impact that a proposed
39 new or modified class VI injection well would have when added to the
40 impacts from other past, present, and reasonably foreseeable future
41 development of any type on the affected area, including an airshed or
42 watershed, or on a disproportionately impacted community.".
43
44 Page 15, lines 9 and 10, strike "class VI injection wells and GEOLOGIC
45 STORAGE locations." and substitute "class VI injection wells and locations
46 GEOLOGIC STORAGE OPERATIONS.".
47
48 Page 16, line 2, strike "location;" and substitute "location AND THAT THE
49 COMMISSION HAS CONSULTED WITH ANY LOCAL GOVERNMENT WHOSE
50 BOUNDARIES INCLUDE LANDS OVERLYING THE GEOLOGIC STORAGE
51 FACILITY;".
52
53 Page 16, after line 24 insert:
54
55
1 "(11) (d) (I) By April 28, 2024 SEPTEMBER 30, 2024, the
2 commission shall promulgate rules that evaluate and address the
3 cumulative impacts of oil and gas operations. The rules shall include a
4 definition of cumulative impacts THE RULES SHALL REQUIRE EVALUATION
5 OF ALL IMPACTS SET FORTH IN THE DEFINITION OF CUMULATIVE IMPACTS
6 DESCRIBED IN SECTION 34-60-103. THE RULES SHALL REQUIRE
7 ADDRESSING THOSE IMPACTS RESULTING FROM OPERATIONS REGULATED
8 BY THE COMMISSION. WELLS DRILLED FOR THE EXCLUSIVE PURPOSE OF
9 OBTAINING SUBSURFACE DATA OR INFORMATION TO SUPPORT OPERATIONS
10 REGULATED BY THE COMMISSION DO NOT REQUIRE A CUMULATIVE
11 IMPACTS ANALYSIS.
12 (III) In promulgating the definition of cumulative impacts by rule
13 pursuant to subsection (11)(d)(I) of this section, the commission shall
14 review, consider, and include addressable impacts to climate, public
15 health, the environment, air quality, water quality, noise, odor, wildlife,
16 and biological resources, and to disproportionately impacted
17 communities, as defined in section 24-4-109 (2)(b)(II).
18 (IV) As used in this subsection (11)(d), "impacts to climate"
19 means quantification of emissions of greenhouse gases, as defined in
20 section 25-7-140 (6), that occur from sources that are controlled or owned
21 by the operator and reasonably foreseeable truck traffic at an oil and gas
22 location.".
23
24 Page 16, strike lines 25 through 27.
25
26 Page 17, strike lines 1 through 6.
27
28 Page 22, line 19, after "(4)(a)(II)," insert "(4)(e)(II), (4)(f)," and strike
29 "(8)(b)" and substitute "(8)(b); and add (4)(g)".
30
31 Page 23, after line 9 insert:
32
33 "(e) (II) This subsection (4)(e) is repealed, effective July 1, 2025;
34 and
35 (f) To create and maintain the website described in section
36 34-60-106 (22); AND
37 (g) BY THE COMMISSION FOR THE PURPOSE OF INFORMATION
38 TECHNOLOGY INITIATIVES.".
39
40 Page 25, line 19, strike "34-60-143, and 34-60-144" and substitute "and
41 34-60-143".
42
43 Page 25, strike lines 20 through 27.
44
45 Strike page 26.
46
47 Page 27, strike lines 1 through 25.
48
49 Renumber succeeding C.R.S. sections accordingly.
50
51 Page 27, line 27, before "carbon" insert "injection".
52
53 Page 28, line 8, strike "(6)" and substitute "(5)".
54
55 Page 29, strike lines 13 and 14.
56
1 Renumber succeeding subsection accordingly.
2
3 Page 33, lines 21 and 22, strike "OPERATIONS AND OPERATIONS OF DIRECT
4 AIR CAPTURE FACILITIES," and substitute "OPERATIONS,".
5
6 Page 34, lines 2 and 3, strike "direct air capture facilities and".
7
8 Page 37, strike lines 1 through 5 and substitute "defined in section
9 34-60-103 (6.5), deep geothermal operations, as defined in section
10 37-90.5-103 (3), class VI injection wells, and intrastate underground
11 natural gas storage facilities, as defined in section 34-64-102 (3.5)
12 ENERGY AND CARBON MANAGEMENT OPERATIONS, AS DEFINED IN SECTION
13 34-60-103, in a reasonable manner to address matters".
14
15 Page 37, strike lines 13 through 17 and substitute "from oil and gas
16 operations, as defined in section 34-60-103 (6.5), deep geothermal
17 operations, as defined in section 37-90.5-103 (3), class VI injection wells,
18 and intrastate underground natural gas storage facilities, as defined in
19 section 34-64-102 (3.5) ENERGY AND CARBON MANAGEMENT OPERATIONS,
20 AS DEFINED IN SECTION 34-60-103, and minimizing".
21
22 Page 37, strike lines 20 through 25 and substitute:
23
24 "(II) The location and siting of oil and gas facilities and oil and
25 gas locations, as those terms are defined in section 34-60-103 (6.2) and
26 (6.4); deep geothermal operations, as defined in section 37-90.5-103 (3);
27 class VI injection wells; and intrastate underground natural gas storage
28 facilities, as defined in section 34-64-102 (3.5) ENERGY AND CARBON
29 MANAGEMENT OPERATIONS, AS DEFINED IN SECTION 34-60-103;".
30
31 Before "CARBON" insert "INJECTION" on Page 4, line 27; Page 6, line 25;
32 Page 7, line 24; Page 28, lines 14, 15, 16, 18, and 19; and Page 29, lines
33 18 and 19.
34
20 35 Strike "DIRECT AIR CAPTURE FACILITIES AND" on: Page 34, lines 8, 16,
36 and 21, and 22 and 23.
37
38 Strike "THIS HOUSE BILL 24-___," and substitute "HOUSE BILL 24-1346,"
39 on: Page 29, lines 20 and 23.
40
41 Page 1, lines 104 and 105, strike "DIRECT AIR CAPTURE FACILITIES
42 AND".
43
44
Senate Journal, April 29
HB24-1346 by Representative(s) Titone and McCormick; also Senator(s) Hansen and Priola--
Concerning energy and carbon management regulation in Colorado, and, in connection
therewith, broadening the energy and carbon management commission's regulatory
authority to include regulation of geologic storage operations.
Amendment No. 1(L.014), by Senator Hansen.
Amend reengrossed bill, page 14, strike line 24 and substitute "(1)(b)
introductory portion, (1)(b)(V), and (4)(a) as follows:".
Page 15, after line 6 insert:
"(4) (a) Except as specified in subsection (4)(b) of this section, nothing
in this article 60 authorizes the state or its local governments, including the
commission, boards of county commissioners, and municipalities, to regulate
the activities of:
(I) Federally recognized Indian tribes, their political subdivisions, or
tribally controlled affiliates, undertaken or to be undertaken with respect to
mineral evaluation, exploration, or development OR ENERGY AND CARBON
MANAGEMENT OPERATIONS on lands within the exterior boundaries of an Indian
reservation located within the state; or
(II) Third parties, undertaken or to be undertaken with respect to
mineral evaluation, exploration, or development OR ENERGY AND CARBON
MANAGEMENT OPERATIONS on Indian trust lands within the exterior boundaries
of an Indian reservation located within the state.".
Page 30, line 8, strike "OR".
Page 30, line 14, strike "ESTATE." and substitute "ESTATE; OR
(d) AFFECTS THE OWNERSHIP OR RIGHTS TO PORE SPACE OR A
SEQUESTRATION ESTATE WITHIN THE EXTERIOR BOUNDARIES OF AN INDIAN
RESERVATION LOCATED WITHIN THE STATE.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.