Amendments for HB25-1042
House Journal, February 28
40 HB25-1042 be amended as follows, and as so amended, be referred to
41 the Committee on Appropriations with favorable
42 recommendation:
43
44 Amend printed bill, strike everything below the enacting clause and
45 substitute:
46
47 "SECTION 1. In Colorado Revised Statutes, add 25-7-110.9 as
48 follows:
49 25-7-110.9. Air quality control rule-making - economic impact
50 analysis procedures - cost-benefit analyses - report - definitions -
51 repeal. (1) AS USED IN THIS SECTION:
52 (a) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
53 AND ENVIRONMENT.
54 (b) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
55 MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
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1 (c) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
2 THE DEPARTMENT.
3 (d) "WORKFORCE IMPACT" MEANS THE IMPACT OF AIR QUALITY
4 CONTROL RULES PROPOSED BY THE DEPARTMENT, COMMISSION, OR AIR
5 POLLUTION CONTROL DIVISION ON EMPLOYMENT THAT MAY RESULT IN JOB
6 LOSS OR GAIN, WORKER DISPLACEMENT, WORKFORCE TRANSITIONS,
7 EXPANSION OR DOWNSIZING OF BUSINESSES, MAJOR INDUSTRY-WIDE
8 WORKFORCE CHANGE, DISRUPTION IN OPERATIONS, CHANGES IN
9 WORKPLACE SAFETY, AN IMPACT ON THE OVERALL HEALTH OF THE
10 WORKFORCE, OR AN ECONOMIC IMPACT TO THE STATE.
11 (2) THE EXECUTIVE DIRECTOR SHALL CONDUCT AN INTERNAL
12 REVIEW OF:
13 (a) THE ECONOMIC IMPACT ANALYSIS PROCEDURES USED BY THE
14 COMMISSION IN THE ADOPTION OF AIR QUALITY CONTROL RULES; AND
15 (b) THE COST-BENEFIT ANALYSES CONDUCTED DURING THE AIR
16 QUALITY CONTROL RULE-MAKING PROCESS PURSUANT TO SECTION
17 24-4-103 (2.5).
18 (3) THE INTERNAL REVIEW REQUIRED BY SUBSECTION (2) OF THIS
19 SECTION MUST INCLUDE:
20 (a) A REVIEW OF THE COMMISSION'S AIR QUALITY CONTROL
21 RULE-MAKING PROCESS IN ORDER TO ASSESS HOW IT IS CURRENTLY
22 WORKING AND MAY BE IMPROVED;
23 (b) A REPORT ON THE ECONOMIC FACTORS THAT THE COMMISSION
24 CONSIDERS AND USES IN AN ECONOMIC IMPACT ANALYSIS OR A
25 COST-BENEFIT ANALYSIS AND HOW THE INFORMATION REGARDING
26 WORKFORCE IMPACTS IS TYPICALLY CONSIDERED WHEN CONDUCTING THE
27 ANALYSIS;
28 (c) AN EXPLANATION OF HOW ANALYSES THAT INCLUDE
29 INFORMATION ON WORKFORCE IMPACTS ARE USED BY THE COMMISSION
30 DURING THE ADOPTION OF AIR QUALITY CONTROL RULES;
31 (d) A REPORT ON THE EXTENT TO WHICH WORKFORCE IMPACTS ARE
32 CONSIDERED DURING THE CURRENT AIR QUALITY CONTROL RULE-MAKING
33 PROCESS AND HOW CONSIDERATION OF WORKFORCE IMPACTS ARE
34 INCORPORATED INTO EXISTING ECONOMIC ANALYSIS OR COST-BENEFIT
35 ANALYSIS PROCEDURES;
36 (e) AN EXPLANATION OF THE PARAMETERS AND LIMITATIONS THAT
37 EXIST IN CURRENT STATE AND FEDERAL LAW;
38 (f) CONSIDERATIONS OR RECOMMENDATIONS FROM THE
39 DEPARTMENT AS TO WHETHER HAVING A STANDING WORKFORCE
40 ADVISORY COUNCIL IN THE DEPARTMENT WOULD IMPROVE AND SUPPORT
41 THE ECONOMIC IMPACT ANALYSIS AND RELATED PROCEDURES AND
42 WHETHER THE DEPARTMENT HAS ANY RECOMMENDATIONS AS TO HOW
43 SUCH A WORKFORCE ADVISORY COUNCIL WOULD BE CONFIGURED AND
44 WHAT WOULD BE INCLUDED IN ITS OVERALL MISSION;
45 (g) SPECIFIC EXAMPLES OF COMPLETED ECONOMIC IMPACT
46 ANALYSES WHERE WORKFORCE IMPACTS WERE CONSIDERED OR NOT
47 CONSIDERED IN THE AIR QUALITY CONTROL RULE-MAKING PROCESS AND
48 THE REASONS EACH ECONOMIC IMPACT ANALYSIS DID OR DID NOT INCLUDE
49 CONSIDERATION OF WORKFORCE IMPACTS; AND
50 (h) LEGAL AND PROCEDURAL CONSIDERATIONS AND
51 RECOMMENDATIONS CONCERNING HOW MORE QUALITATIVE AND
52 QUANTITATIVE DATA RELATED TO WORKFORCE IMPACTS COULD BE ADDED
53 TO THE ECONOMIC IMPACT ANALYSIS AND COST-BENEFIT ANALYSIS
54 PROCEDURES IN A MANNER THAT WOULD NOT CONFLICT WITH STATE OR
1 FEDERAL LAW OR UNDERMINE THE PROCESS OF REGULATING AIR
2 POLLUTION OR REDUCING GREENHOUSE GAS EMISSIONS IN THIS STATE.
3 (4) THE EXECUTIVE DIRECTOR SHALL PREPARE A DRAFT REPORT OF
4 THE REVIEW CONTAINING THE ELEMENTS DESCRIBED IN SUBSECTION (3) OF
5 THIS SECTION AND, UPON COMPLETION OF THE DRAFT REPORT, ENGAGE
6 STAKEHOLDERS TO REVIEW THE REPORT AND PROVIDE INPUT FOR THE
7 FINAL REPORT THAT THE EXECUTIVE DIRECTOR SHALL SUBMIT TO THE
8 GENERAL ASSEMBLY. THE DEPARTMENT SHALL SOLICIT INPUT FROM
9 REGULATED BUSINESSES, BUSINESSES AND PROFESSIONAL ASSOCIATIONS,
10 ENVIRONMENTAL ORGANIZATIONS , LABOR ORGANIZATIONS ,
11 ORGANIZATIONS THAT REPRESENT DISPROPORTIONATELY IMPACTED
12 COMMUNITIES, OTHER EXECUTIVE DEPARTMENTS, AND OTHER
13 ORGANIZATIONS THAT EXPRESS INTEREST IN PROVIDING INPUT. THE
14 EXECUTIVE DIRECTOR MAY INCLUDE IN THEIR SOLICITATION OF INPUT
15 SPECIFIC RECOMMENDATIONS FROM STAKEHOLDERS CONCERNING POLICIES
16 AND PROCEDURES TO EXPAND THE ECONOMIC IMPACT ANALYSES AND THE
17 COST-BENEFIT ANALYSES.
18 (5) ON OR BEFORE JANUARY 1, 2026, THE EXECUTIVE DIRECTOR
19 SHALL SUBMIT THE FINAL REPORT DESCRIBED IN SUBSECTION (4) OF THIS
20 SECTION TO THE HOUSE OF REPRESENTATIVES ENERGY AND ENVIRONMENT
21 COMMITTEE OR ITS SUCCESSOR COMMITTEE SPECIFYING HOW THE
22 DEPARTMENT INTENDS TO IMPROVE THE ECONOMIC IMPACT ANALYSES AND
23 THE COST-BENEFIT ANALYSES FOR THE AIR QUALITY CONTROL
24 RULE-MAKING PROCEDURES AND INCLUDING ANY ADDITIONAL RESOURCES
25 NECESSARY TO EFFECT CHANGE, STAFFING CHALLENGES THAT NEED TO BE
26 ADDRESSED, AND OTHER RECOMMENDATIONS THAT MAY REQUIRE A
27 CLARIFICATION OR CHANGE IN STATE LAW.
28 (6) THIS SECTION IS REPEALED, EFFECTIVE JUNE 30, 2026.
29 SECTION 2. Safety clause. The general assembly finds,
30 determines, and declares that this act is necessary for the immediate
31 preservation of the public peace, health, or safety or for appropriations for
32 the support and maintenance of the departments of the state and state
33 institutions.".
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