Amendments for SB24-095
Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB24-095 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, strike lines 2 through 23.
Strike pages 4 through 8.
Page 9, strike lines 1 through 20 and substitute:
"SECTION 1. In Colorado Revised Statutes, 42-4-310, add
(1)(d)(XIII) as follows:
42-4-310. Periodic emissions control inspection required.
(1) (d) (XIII) NOTWITHSTANDING SUBSECTIONS (1)(d)(I) TO (1)(d)(IX) OF THIS
SECTION, AN AUTHORIZED STATE REPRESENTATIVE SHALL NOT ISSUE A
CERTIFICATE OF EMISSIONS WAIVER TO A MOTOR VEHICLE THAT HAS BEEN
ISSUED A VOUCHER IN ACCORDANCE WITH SECTION 42-4-317 UNTIL THE MOTOR
VEHICLE HAS RECEIVED THE ADDITIONAL REPAIRS COVERED BY THE VOUCHER
IN ACCORDANCE WITH THE RULES ADOPTED UNDER SECTION 42-4-317 OR THE
MOTOR VEHICLE REPAIRS HAVE EXHAUSTED THE VOUCHER.
SECTION 2. In Colorado Revised Statutes, add 42-4-317 as follows:
42-4-317. Voucher program - rules. (1) THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT SHALL COORDINATE WITH THE NONATTAINMENT AREA AIR
POLLUTION MITIGATION ENTERPRISE CREATED IN SECTION 43-4-1303 TO CREATE
A VOUCHER PROGRAM FOR MOTOR VEHICLES THAT HAVE RECEIVED THE REPAIRS
REQUIRED IN SECTION 42-4-306 BUT HAVE FAILED TO BE ISSUED A CERTIFICATE
OF EMISSIONS COMPLIANCE. THE VOUCHER PROGRAM MUST IDENTIFY QUALIFIED
VEHICLES AND THE PROCEDURE FOR ISSUING AND REDEEMING THE VOUCHERS.
(2) THE VOUCHER PROGRAM MUST PROVIDE A VOUCHER WORTH EIGHT
HUNDRED FIFTY DOLLARS THAT THE OWNER OF A MOTOR VEHICLE MAY REDEEM
WITH A REGISTERED REPAIR FACILITY OR TECHNICIAN TO PERFORM REPAIRS TO
MAKE THE MOTOR VEHICLE ELIGIBLE FOR A CERTIFICATE OF EMISSIONS
COMPLIANCE.
(3) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY PROMULGATE
RULES TO IMPLEMENT THIS SECTION.
(4) TO IMPLEMENT THIS SECTION, THE GENERAL ASSEMBLY SHALL
APPROPRIATE FUNDS FROM THE NONATTAINMENT AREA AIR POLLUTION
MITIGATION ENTERPRISE FUND, CREATED IN SECTION 43-4-1303 (5).
SECTION 3. In Colorado Revised Statutes, add 25-7-146 as follows:
25-7-146. Appropriation to implement electric lawn equipment
program - repeal. (1) THE GENERAL ASSEMBLY SHALL APPROPRIATE ONE
HUNDRED THOUSAND DOLLARS FROM THE NONATTAINMENT AREA AIR
POLLUTION MITIGATION ENTERPRISE FUND, CREATED IN SECTION 43-4-1303 (5),
TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR USE BY THE
LEAD AIR QUALITY PLANNING AGENCY FOR THE DENVER METROPOLITAN AREA
AND THE DENVER METRO/NORTH FRONT RANGE OZONE NONATTAINMENT AREA
IN ORDER TO FUND A REBATE PROGRAM FOR THE REPLACEMENT OF
GAS-POWERED LAWN EQUIPMENT WITH ELECTRIC LAWN EQUIPMENT.
(2) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2033.".
Renumber succeeding sections accordingly.
Page 9, line 25, strike "TRUCK" MEANS A TRUCK" and substitute "VEHICLE"
MEANS A MOTOR VEHICLE".
Page 10, line 8, strike "TRUCKS," and substitute "VEHICLES,".
Page 11, lines 7 and 8, strike "MOTOR VEHICLES THAT EMIT LOW LEVELS OF
NITROGEN OXIDES" and substitute "ELECTRIC LIGHT-DUTY VEHICLES".
Page 11, after line 14 insert:
"SECTION 6. In Colorado Revised Statutes, 25-7.5-103, amend
(9)(b)(I) as follows:
25-7.5-103. Clean fleet enterprise - creation - board - powers and
duties - fees - fund. (9) (b) The enterprise may provide funding or financing
through grant programs, rebate programs, revolving loan funds, or such other
strategies as the board finds effective:
(I) To help public and private owners and operators of motor vehicle
fleets finance electric motor vehicle acquisitions to reduce the up-front costs of
acquiring electric motor vehicles, through December 31, 2026, to help public
and private owners and operators of motor vehicle fleets finance acquisitions
of compressed natural gas motor vehicles that are trucks if at least ninety
percent of the fuel for the trucks will be EMIT LOW LEVELS OF NITROGEN OXIDES
WHEN USED TO POWER THE TRUCK, INCLUDING recovered methane, and, on and
after January 1, 2027, for so long as the enterprise determines that electric
motor vehicles are not yet practically available or do not meet the operational
requirements such as cargo carrying capacity and driving range for specific
categories of trucks, to help public and private owners and operators of motor
vehicle fleets finance acquisitions of compressed natural gas motor vehicles that
are trucks if at least ninety percent of the fuel for the trucks will be EMIT LOW
LEVELS OF NITROGEN OXIDES WHEN USED TO POWER THE TRUCK, INCLUDING
recovered methane;".
Renumber succeeding sections accordingly.
Page 11, line 19, strike "(2)" and substitute "(2)(a)".
Page 11, line 20, after "(2)" insert "(a)".
Page 11, line 23, strike "(a)" and substitute "(I)".
Page 11, line 24, strike "(b)" and substitute "(II)".
Page 11, after line 25, insert:
"(b) THE DIVISION MAY IMPLEMENT SUBSECTION (2)(a) OF THIS SECTION
BY CONTRACTING WITH A RESEARCH INSTITUTION TO CONDUCT THE STUDY.".
Page 12, after line 22 insert:
"SECTION 8. In Colorado Revised Statutes, 42-4-306, amend
(3)(b)(V)(A); and add (3)(b)(V)(C) as follows:
42-4-306. Powers and duties of commission - automobile inspection
and readjustment program - basic emissions program - enhanced emissions
program - clean screen program. (3) (b) (V) (A) Notwithstanding any
contrary provision in the "Procurement Code", articles 101 to 112 of title 24,
C.R.S., or this article ARTICLE 4, any contract for inspection services may be
renewed for a term not to exceed two years, after which the contract may be
renewed for a single term of up to four years or rebid; except that inspection
fees during any such four-year renewal contract shall be as determined under
ARE SUBJECT TO section 42-4-311 (6).
(C) NOTWITHSTANDING ANY CONTRARY PROVISION IN THE
"PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, OR THIS ARTICLE 4,
THE DIVISION SHALL RENEGOTIATE OR RENEW A CONTRACT FOR INSPECTION
SERVICES IN EXISTENCE ON JULY 1, 2024, NO LATER THAN OCTOBER 1, 2024, TO
ACCOUNT FOR THE FEE ESTABLISHED IN SECTION 42-4-311 (6) AS IT WILL
BECOME EFFECTIVE ON THE EFFECTIVE DATE OF THIS SUBSECTION (3)(b)(I)(C)
AND FOR A TERM NOT TO EXCEED FOUR YEARS, AFTER WHICH THE CONTRACT
MAY BE RENEWED FOR A SINGLE TERM OF UP TO FOUR YEARS OR REBID. THE NEW
CONTRACT MUST PROVIDE FOR ADDING ADDITIONAL TESTING STATIONS AND
EXPANDING THE CLEAN SCREEN INSPECTION UNITS.
SECTION 9. In Colorado Revised Statutes, 42-4-311, amend (4)(a)(I)
and (6)(a); repeal (6)(b); and add (4)(a)(III) as follows:
42-4-311. Operation of inspection and readjustment stations -
inspection-only facilities - fleet inspection stations - motor vehicle dealer
test facilities - enhanced inspection centers. (4) (a) (I) SUBJECT TO
SUBSECTION (4)(a)(III) OF THIS SECTION, a licensed inspection and readjustment
station, inspection-only facility, or motor vehicle dealer test facility shall charge
a fee not to exceed fifteen dollars for the inspection of vehicles, model year
1981 and older, at facilities licensed or authorized within either the basic or
enhanced emissions program; except that for 1982 model and newer vehicles
a test facility may charge a fee not to exceed twenty-five THIRTY-FIVE dollars.
(III) THE DIVISION SHALL ANNUALLY ADJUST FOR INFLATION OR
DEFLATION THE FEES DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS SECTION. THE
DIVISION MAY ROUND THE ADJUSTED AMOUNT UPWARD OR DOWNWARD AS
APPROPRIATE. INFLATION OR DEFLATION IS MEASURED BY THE ANNUAL
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU
OF LABOR STATISTICS CONSUMER PRICE INDEX, OR A SUCCESSOR INDEX, FOR
DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID BY URBAN CONSUMERS.
(6) (a) The fee charged for enhanced emissions inspections performed
within the enhanced emissions program area on 1982 and later motor vehicles
shall MUST not be any greater than that determined by the contract and in no
case greater than twenty-five THIRTY-FIVE dollars. The fee charged for clean
screen inspections performed on vehicles registered in the basic area shall MUST
not be any greater than that determined by the contract and in no case greater
than fifteen dollars. Such THE fee shall MUST not exceed the maximum fee
required to be posted by the enhanced inspection center pursuant to section
42-4-305 for the inspection of any motor vehicle required to be inspected under
section 42-4-310.
(b) During the two-year renewal of the contract entered into pursuant
to section 42-4-307 (10), the commission shall hold a hearing to determine the
maximum fee that may be charged pursuant to the contract for inspections
during any subsequent renewal term. The maximum fee must be based on
estimated actual operating costs during the life of the contract, determined
pursuant to the proceeding, plus a percentage to be determined by the
commission, not to exceed ten percent and not to exceed twenty-five dollars.".
Renumber succeeding section accordingly.
Page 1, strike line 103 and substitute "STANDARDS, AND, IN CONNECTION
THEREWITH, ENACTING INCENTIVE-BASED OZONE PRECURSOR EMISSIONS
REDUCTION MEASURES FOR ON-ROAD MOBILE SOURCES AND FOR LAWN
EQUIPMENT AND CONDUCTING ANNUAL PHOTOCHEMICAL MODELING
STUDIES AND DATA ANALYSIS.".
Trans-
portation &
Energy
Senate Journal, April 30
After consideration on the merits, the Committee recommends that SB24-095 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend the Transportation and Energy Committee Report, dated April 26, 2024,
page 3, line 22, strike "MAY" and substitute "SHALL".
Finance
Senate Journal, May 3
After consideration on the merits, the Committee recommends that SB24-095 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Strike the Finance Committee Report, dated April 30, 2024.
Amend the Transportation and Energy Committee Report, dated April 26, 2024,
page 3, strike lines 17 through 24.
Amend printed bill, page 11, line 6, strike "EIGHTY" and substitute "FIFTY".
Page 11, strike lines 17 through 27 and substitute:
"25-7-147. Photochemical modeling required for state
implementation plan - repeal. (1) THE COMMISSION AND DIVISION SHALL USE
PHOTOCHEMICAL MODELING AND DATA ANALYSIS AS THE BASIS FOR REVISING
THE STATE IMPLEMENTATION PLAN IN 2026. THE PHOTOCHEMICAL MODELING
MUST CONFORM WITH THE COMPREHENSIVE AIR QUALITY MODELING SYSTEM
WITH EXTENSION.
(2) THE COMMISSION AND DIVISION SHALL IMPLEMENT THIS SECTION BY
CONTRACTING WITH A RESEARCH INSTITUTION TO CONDUCT THE
PHOTOCHEMICAL MODELING AND DATA ANALYSIS.
(3) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.".
Page 12 of the bill, strike lines 1 through 22.
Amend printed bill, page 12, before line 23, insert:
"SECTION 8. Appropriation. (1) For the 2024-25 state fiscal year,
$100,000 is appropriated to the department of public health and environment
for use by the air pollution control division. This appropriation is from the
nonattainment area air pollution mitigation enterprise fund created in section
43-4-1303 (5)(a), C.R.S. To implement this act, the division may use this
appropriation for program costs related to administration.
(2) For the 2024-25 state fiscal year, $15,897 is appropriated to the
department of revenue. This appropriation is from the nonattainment area air
pollution mitigation enterprise fund created in section 43-4-1303 (5)(a), C.R.S.
To implement this act, the department may use this appropriation as follows:
(a) $13,022 for use by the division of motor vehicles for personal
services related to vehicle services, which amount is based on an assumption
that the division will require an additional 0.3 FTE;
(b) $1,984 for use by the division of motor vehicles for DRIVES
maintenance and support;
(c) $384 for division of motor vehicles for operating expenses related
to vehicle services; and
(d) $210 for the executive director's office for personal services related
to administration and support; and
(e) $297 for the purchase of information technology services.
(3) For the 2024-25 state fiscal year, $297 is appropriated to the office
of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
revenue under subsection (2)(e) of this section. To implement this act, the office
may use this appropriation to provide information technology services for the
department of revenue.".
Renumber succeeding section accordingly.
Amend the Transportation and Energy Committee Report, dated April 26, 2024,
page 5, line 14, strike "equipment and" and substitute "equipment,".
Page 5 of the report, line 15, strike "analysis."." and substitute "analysis, and
making an appropriation.".".
Appro-
priations
Senate Journal, May 3
SB24-095 by Senator(s) Kirkmeyer; --Concerning measures to address ozone levels in areas that do
not meet federal ozone national ambient air quality standards.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 29, page(s) 1121-1124 and placed in members' bill files.)
Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, April 30, page(s) 1187-1189 and placed in members' bill files.)
Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, May 3, page(s) 1318-1319 and placed in members' bill files.)
Amendment No. 4(L.019), by Senator Zenzinger.
Amend reengrossed bill, page 12, before line 23 insert:
"SECTION 8. In Colorado Revised Statutes, 42-4-306, add (7)(c) as
follows:
42-4-306. Powers and duties of commission - automobile inspection
and readjustment program - basic emissions program - enhanced emissions
program - clean screen program - notice to revisor of statutes - repeal.
(7) (c) (I) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
SEEK APPROVAL FROM THE ENVIRONMENTAL PROTECTION AGENCY OF A
PROPOSED REVISION TO THE STATE IMPLEMENTATION PLAN THAT WOULD
REPLACE THE EXISTING ON-BOARD DIAGNOSTICS TEST WITH AN IM240
EMISSIONS TEST OR TAILPIPE EMISSIONS TEST AS SPECIFIED IN GUIDANCE ISSUED
BY THE ENVIRONMENTAL PROTECTION AGENCY, UNLESS THE MOTOR VEHICLE
CANNOT BE TESTED USING THE TAILPIPE TEST OR THE TAILPIPE TEST IS UNSAFE.
THE DEPARTMENT SHALL SUBMIT THE PROPOSED STATE IMPLEMENTATION PLAN
REVISION TO THE AIR QUALITY CONTROL COMMISSION BY SEPTEMBER 31, 2024;
THE COMMISSION SHALL ADOPT THE PROPOSAL BY DECEMBER 31, 2024; AND
THE DEPARTMENT SHALL SUBMIT THE PROPOSAL TO THE ENVIRONMENTAL
PROTECTION AGENCY BY MAY 5, 2025. BEFORE SUBMITTING THE PROPOSAL TO
THE COMMISSION, THE DEPARTMENT SHALL PROVIDE THE OPPORTUNITY FOR
WRITTEN COMMENT AND SHALL HOLD A STAKEHOLDER MEETING TO SOLICIT
INPUT ON THE PROPOSAL. THE PROPOSAL MUST TAKE INTO CONSIDERATION ANY
STAKEHOLDER INPUT RECEIVED, INCLUDING FROM EMISSIONS INSPECTORS,
OWNERS OF VEHICLES THAT FAILED THE ON-BOARD DIAGNOSTICS TEST SOLELY
BECAUSE A CHECK ENGINE LIGHT WAS ILLUMINATED ON THE VEHICLES'
DASHBOARDS, LEGISLATORS, MOTOR VEHICLE MANUFACTURERS, AND AIR
QUALITY CONTROL EXPERTS.
(II) THIS SUBSECTION (7)(c) WILL BE REPEALED IF THE ENVIRONMENTAL
PROTECTION AGENCY REJECTS THE PROPOSED STATE IMPLEMENTATION PLAN
REVISION SUBMITTED PURSUANT TO SUBSECTION (7)(c)(I) OF THIS SECTION. THE
DIRECTOR OF THE DIVISION OF ADMINISTRATION IN THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT SHALL NOTIFY THE REVISOR OF STATUTES IN
WRITING OF THE DATE ON WHICH THE CONDITION SPECIFIED IN THIS SUBSECTION
(7)(c)(II) HAS OCCURRED BY E-MAILING THE NOTICE TO
REVISOROFSTATUTES.GA@COLEG.GOV. THIS SUBSECTION (7)(c) IS REPEALED,
EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE CONDITION
OCCURRED OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE
OF THE NOTICE TO THE REVISOR OF STATUTES.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.