Amendments for HB22-1244

House Journal, April 8
33 HB22-1244 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Amend printed bill, page 5, after line 4 insert:
38
39 "SECTION 2. In Colorado Revised Statutes, 25-7-103, amend
40 (11) introductory portion and (11)(a) as follows:
41 25-7-103. Definitions. As used in this article 7, unless the context
42 otherwise requires:
43 (11) "Emission control regulation" means and includes any
44 standard promulgated by regulation which THAT is applicable to all air
45 pollution sources within a specified area and which THAT prohibits or
46 establishes permissible limits for specific types of emissions in such area;
47 and also any regulation which THAT by its terms is applicable to a
48 specified type of facility, process, or activity for the purpose of
49 controlling the extent, degree, or nature of pollution emitted from such
50 type of facility, process, or activity; any regulation adopted for the
51 purpose of preventing or minimizing emission of any air pollutant in
52 potentially dangerous quantities; and also any regulation that adopts any
53 design, equipment, work practice, or operational standard. Emission
54 control regulations shall not include standards which describe maximum
55 ambient air concentrations of specifically identified pollutants or which
1 describe varying degrees of pollution of ambient air. Emission control
2 regulations pertaining to hazardous air pollutants, as defined in subsection
3 (13) of this section, shall be consistent with the emission standards
4 promulgated under section 112 of the federal act or section 25-7-109.3 in
5 reducing or preventing emissions of hazardous air pollutants, and
6 EMISSION CONTROL REGULATIONS DESIGNED TO REDUCE OR PREVENT THE
7 EMISSIONS OF TOXIC AIR CONTAMINANTS PURSUANT TO SECTION
8 25-7-109.5 (7) may include application of measures, processes, methods,
9 systems, or techniques, including, but not limited to, measures which
10 THAT:
11 (a) Reduce the volume of, or eliminate emissions of, such
12 pollutants through process changes, EMISSIONS LIMITATIONS, CONTROL
13 TECHNOLOGIES, substitution of materials, or other modifications;".
14
15 Renumber succeeding sections accordingly.
16
17 Page 5, line 7, strike "advisory board -".
18
19 Page 5, line 9, strike "airborne toxic control measures" and substitute
20 "emission control regulations".
21
22 Page 5, strike lines 24 through 27.
23
24 Page 6, strike lines 1 through 14.
25
26 Reletter succeeding paragraphs accordingly.
27
28 Page 7, strike lines 6 through 14.
29
30 Reletter succeeding paragraphs accordingly.
31
32 Page 7, line 16, strike "(7)(a)(II)" and substitute "(6)(a)(II)".
33
34 Page 7, strike lines 21 through 24.
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 7, after line 26 insert:
39
40 "(j) "PRIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED
41 BY THE COMMISSION BY RULE UNDER SUBSECTION (6)(a)(I) OF THIS
42 SECTION, TOXIC AIR CONTAMINANTS THAT MAY POSE A RISK OF HARM TO
43 PUBLIC HEALTH.".
44
45 Reletter succeeding paragraphs accordingly.
46
47 Page 8, line 14, strike "(4)" and substitute "(3)".
48
49 Page 9, strike lines 2 through 27.
50
51 Page 10, strike lines 1 through 16.
52
53 Renumber succeeding subsections accordingly.
54
55
1 Page 10, lines 20 and 21, strike "SHALL, IN CONSULTATION WITH THE
2 ADVISORY BOARD," and substitute "SHALL CREATE AN INITIAL LIST OF
3 TOXIC AIR CONTAMINANTS BASED ON SUBSECTIONS (1)(m)(I) AND
4 (1)(m)(II) OF THIS SECTION AND, PURSUANT TO SUBSECTION (1)(m)(III) OF
5 THIS SECTION,".
6
7 Page 10, lines 22 and 23, strike "TOXIC AIR CONTAMINANTS TO THE LIST."
8 and substitute "AIR POLLUTANTS.".
9
10 Page 11, line 2, strike "PUBLIC;" and substitute "PUBLIC AND THE
11 SCIENTIFIC COMMUNITY;".
12
13 Page 11, strike lines 3 through 15 and substitute:
14 "(b) ANY EXISTING DATA CONCERNING EMISSIONS OF AIR
15 POLLUTANTS, INCLUDING:
16 (I) DATA PROVIDED TO THE DIVISION THROUGH ANNUAL EMISSIONS
17 INVENTORY REPORTS SUBMITTED PURSUANT TO SUBSECTION (4) OF THIS
18 SECTION; AND
19 (II) DATA REPORTED TO THE FEDERAL TOXIC RELEASE INVENTORY
20 PURSUANT TO 42 U.S.C. SEC. 11023;".
21
22 Reletter succeeding paragraphs accordingly.
23
24 Page 11, line 16, after "GATHERED" insert "ABOUT THE TOXICITY OF AIR
25 POLLUTANTS".
26
27 Page 11, lines 16 and 17, strike "ALL AVAILABLE".
28
29 Page 11, line 21, after the semi-colon, add "AND".
30
31 Page 11, strike lines 23 through 27 and substitute "ADVERSE HEALTH
32 EFFECTS, INCLUDING ADVERSE HEALTH EFFECTS ARISING FROM
33 DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY VULNERABLE
34 GROUPS, INCLUDING DISPROPORTIONATELY IMPACTED COMMUNITIES,
35 WORKERS AT STATIONARY SOURCES, INFANTS, CHILDREN, FETUSES, THE
36 ELDERLY, AND PEOPLE WITH DISABILITIES; AND".
37
38 Page 12, strike lines 1 through 3.
39
40 Reletter succeeding paragraph accordingly.
41
42 Page 12, line 6, after "reports -" insert "study -".
43
44 Page 12, line 14, strike "ANY".
45
46 Page 12, line 15, strike "(5)(a)" and substitute "(4)(a)".
47
48 Page 12, strike lines 17 through 27.
49
50 Strike page 13.
51
52 Page 14, strike lines 1 through 25.
53
54 Reletter succeeding paragraphs accordingly.
55
1 Page 15, line 4, strike "(5)(a)" and substitute "(4)(a)".
2
3 Page 15, strike lines 5 through 12 and substitute:
4
5 "(c) (I) THE DIVISION SHALL CONDUCT A STUDY AND PREPARE A
6 REPORT THAT INCLUDES:
7 (A) AN ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING
8 TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL
9 ENVIRONMENTAL PROTECTION AGENCY;
10 (B) AN ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC
11 AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL
12 ENVIRONMENTAL PROTECTION AGENCY, WITH THE REPORTING DATA
13 BROKEN DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT, GEOGRAPHIC
14 AREA, INDUSTRY SECTOR, AND WHETHER THE STATIONARY SOURCE
15 REPORTING THE DATA IS A MAJOR SOURCE, SYNTHETIC MINOR SOURCE, OR
16 MINOR SOURCE; AND
17 (C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE
18 REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE
19 FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
20 (II) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
21 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
22 OPPORTUNITY TO COMMENT ON THE REPORT. THE DIVISION SHALL ALSO
23 CONDUCT OUT R E A CH TO AND SOLICIT FEEDBACK FROM
24 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
25 STATIONARY SOURCES. IN FINALIZING THE REPORT, THE DIVISION SHALL
26 INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
27 THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES, WORKERS AT
28 STATIONARY SOURCES, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY
29 ANY SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE
30 COMMENTS. NO LATER THAN JULY 1, 2024, THE DIVISION SHALL SUBMIT
31 THE FINALIZED REPORT TO THE COMMISSION.
32 (III) NO LATER THAN DECEMBER 31, 2024, THE COMMISSION
33 SHALL, BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT,
34 ADOPT RULES THAT REQUIRE ADDITIONAL TYPES OF INFORMATION TO BE
35 INCLUDED IN ANNUAL EMISSIONS INVENTORY REPORTS SUBMITTED TO THE
36 DIVISION FOR CALENDAR YEAR 2025 AND EACH CALENDAR YEAR
37 THEREAFTER.".
38
39 Reletter succeeding paragraphs accordingly.
40
41 Page 15, line 18, strike "(5)(a)" and substitute "(4)(a)".
42
43 Page 15, line 19, before "rules."insert "reporting -".
44
45 Page 16, line 4, strike "JULY" and substitute "JANUARY".
46
47 Page 16, line 14, strike "(6)(c)(I)," and substitute "(5)(c)(I),".
48
49 Page 16, line 24, strike "(6)(c)(II)" and substitute "(5)(c)(II)".
50
51 Page 17, line 12, strike "(6)(d)" and substitute "(5)(d)".
52
53 Page 17, strike lines 13 through 27 and substitute:
54
55
1 "(f) NO LATER THAN MAY 1, 2025, AND BY MAY 1 EACH YEAR
2 THEREAFTER, THE DIVISION SHALL".
3
4 Page 18, line 3, strike "DRAFT REPORT." and substitute "MONITORING
5 PROGRAM.".
6
7 Page 18, line 5, strike "DRAFT REPORT." and substitute "MONITORING
8 PROGRAM.".
9
10 Page 18, strike lines 6 through 20 and substitute:
11
12 "(g) (I) NO LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR
13 THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL REPORT THAT
14 SUMMARIZES THE TOXIC AIR CONTAMINANT DATA COLLECTED BY THE
15 MONITORING SITES IN THE PREVIOUS CALENDAR YEAR. THE DIVISION
16 SHALL INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED
17 FROM THE PUBLIC, DISPROPORTIONATELY IMPACTED COMMUNITIES, AND
18 THE SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC MEETINGS HELD
19 PURSUANT TO SUBSECTION (5)(f) OF THIS SECTION.
20 (II) ONCE THE REPORT IS FINALIZED, THE DIVISION SHALL:
21 (A) POST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH
22 ENGLISH AND SPANISH; AND
23 (B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN
24 SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND
25 ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES, OR THEIR
136 26 SUCCESSOR COMMITTEES. NOTWITHSTANDING SECTION 24-1-
27 (11)(a)(I), THE REQUIREMENT TO REPORT TO THE LEGISLATIVE
28 COMMITTEES CONTINUES INDEFINITELY.
29 (h) THE DIVISION SHALL REPORT ON THE NEED FOR ANY
30 ADDITIONAL MONITORING SITES FOR THE MONITORING PROGRAM TO THE
31 HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
32 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
33 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
34 COMMITTEES' HEARINGS HELD PRIOR TO THE 2027 REGULAR SESSION OF
35 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
36 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
37 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
38
39 Page 18, lines 21 and 22, strike "JULY 1, 2027," and substitute "OCTOBER
40 1, 2025,".
41
42 Page 18, lines 22 and 23, strike "ADVISORY BOARD," and substitute
43 "SCIENTIFIC COMMUNITY,".
44
45 Page 18, line 24, strike "HIGH-RISK" and substitute "UP TO FIVE PRIORITY".
46
47 Page 18, line 27, strike "(6)(a)" and substitute "(5)(a)".
48
49 Page 19, strike lines 4 and 5 and substitute:
50 "(C) DATA PROVIDED TO THE DIVISION THROUGH THE ANNUAL
51 EMISSIONS INVENTORY REPORTS SUBMITTED TO THE DIVISION PURSUANT
52 TO SUBSECTION".
53
54 Page 19, line 6, strike "(5)(a)" and substitute "(4)(a)".
55
1 Page 19, line 12, strike "HIGH-RISK" and substitute "PRIORITY".
2
3 Page 19, line 24, strike "TO" and substitute "ON".
4
5 Page 19, line 25, after "COMMUNITIES," insert "WORKERS AT STATIONARY
6 SOURCES,".
7
8 Page 20, line 9, strike "JULY 1, 2032, AND BY JULY 1" and substitute
9 "OCTOBER 1, 2030, AND OCTOBER 1".
10
11 Page 20, strike line 15 and substitute "SCIENTIFIC COMMUNITY:".
12
13 Page 20, line 16, strike "HIGH-RISK" and substitute "PRIORITY".
14
15 Page 20, line 18, strike "(7)(a)(I)" and substitute "(6)(a)(I)".
16
17 Page 20, line 20, strike "HIGH-RISK" and substitute "PRIORITY".
18
19 Page 20, line 22, strike "(7)(b)" and substitute "(6)(b)".
20
21 Page 20, line 27, strike "(7)(b)" and substitute "(6)(b)".
22
23 Page 21, strike lines 2 through 16 and substitute:
24 "(7) Emission control regulations - rules. (a) NO LATER THAN
25 JULY 1, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
26 REGULATIONS BY RULE FOR EACH PRIORITY TOXIC AIR CONTAMINANT. THE
27 EMISSION CONTROL REGULATIONS SHALL BE DESIGNED TO REDUCE
28 EMISSIONS THROUGH THE APPLICATION OF BEST AVAILABLE CONTROL
29 TECHNOLOGY.
30 (b) IN DETERMINING THE EMISSION CONTROL REGULATIONS,".
31
32 Renumber succeeding subsections accordingly.
33
34 Page 21, strike lines 18 through 27 and substitute:
35 "(I) ANY EMISSION CONTROL REGULATIONS ADOPTED FOR
36 PRIORITY TOXIC AIR CONTAMINANTS IN OTHER STATES OR JURISDICTIONS;
37 (II) THE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT
38 AND ANY ASSOCIATED IMPACTS OF SUCH EMISSION LEVELS ON
39 CONCENTRATIONS OF THE PRIORITY TOXIC AIR CONTAMINANT IN THE
40 AMBIENT AIR;
41 (III) THE TYPES AND LEVELS OF PRIORITY TOXIC AIR
42 CONTAMINANTS THAT DIFFERENT STATIONARY SOURCES AND INDUSTRIES
43 EMIT;".
44
45 Page 22, line 2, strike "PRESENT OR ANTICIPATED" and strike "HIGH-RISK"
46 and substitute "PRIORITY".
47
48 Page 22, line 4, strike "AIRBORNE TOXIC CONTROL MEASURES" and
49 substitute "EMISSION CONTROL REGULATIONS".
50
51 Page 22, line 5, strike "HIGH-RISK" and substitute "PRIORITY".
52
53 Page 22, strike lines 8 and 9 and substitute:
54 "(VI) THE ANTICIPATED EFFECT OF EMISSION CONTROL
55 REGULATIONS ON LEVELS OF EXPOSURE TO A PRIORITY TOXIC AIR".
1 Page 22, line 14, strike "HIGH-RISK" and substitute "PRIORITY".
2
3 Page 22, line 16, strike "HIGH-RISK" and substitute "PRIORITY".
4
5 Page 22, strike line 20 and substitute "EMISSION CONTROL REGULATION.".
6
7 Page 22, line 21, strike "2032," and substitute "2031,".
8
9 Page 22, strike lines 26 and 27 and substitute:
10 "(I) ADOPT EMISSION CONTROL REGULATIONS FOR ANY
11 ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE
12 COMMISSION IN ACCORDANCE WITH SUBSECTION (6)(c)(I) OF THIS
13 SECTION; AND
14 (II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION
15 CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET
16 FORTH IN SUBSECTION (7)(b) OF THIS SECTION.".
17
18 Page 23, strike lines 1 through 12.
19
20 Page 23, line 15, strike "AIRBORNE TOXIC CONTROL MEASURES" and
21 substitute "EMISSION CONTROL REGULATIONS".
22
23 Page 23, line 19, after "THAT" insert "WOULD CAUSE A NET INCREASE IN
24 THE EMISSIONS OF ANY PRIORITY TOXIC AIR CONTAMINANT AND".
25
26 Page 23, line 23, strike "ANALYZE" and substitute "CONDUCT AN AMBIENT
27 IMPACTS ANALYSIS THAT INCLUDES AN ANALYSIS OF".
28
29 Page 24, line 12, strike "(9)(a)" and substitute "(8)(a)".
30
31 Page 24, line 15, strike "HIGH-RISK" and substitute "PRIORITY".
32
33 Page 24, lines 18 and 19, strike "AIRBORNE TOXIC CONTROL MEASURES"
34 and substitute "EMISSION CONTROL REGULATIONS".
35
36 Page 24, line 24, strike "(9)(c)(I)" and substitute "(8)(c)(I)".
37
38 Page 24, after line 25 insert:
39 "(d) THE COMMISSION MAY ESTABLISH BY RULE:
40 (I) FOR APPLICATIONS FOR NEW AIR POLLUTION PERMITS, A
41 THRESHOLD LEVEL OF ANNUAL POTENTIAL EMISSIONS OF PRIORITY TOXIC
42 AIR CONTAMINANTS BENEATH WHICH THE REQUIREMENTS OF THIS
43 SUBSECTION (8) DO NOT APPLY; AND
44 (II) FOR APPLICATIONS FOR MODIFIED AIR POLLUTION PERMITS, A
45 LEVEL OF INCREASED ANNUAL POTENTIAL EMISSIONS BENEATH WHICH THE
46 REQUIREMENTS OF THIS SUBSECTION (8) DO NOT APPLY.
47 (e) IF THE APPLICATION FOR A NEW OR MODIFIED AIR POLLUTION
48 PERMIT COVERS A STATIONARY SOURCE THAT IS LOCATED IN AN AREA
49 THAT HAS BEEN DESIGNATED BY THE COMMISSION BY RULE TO EXCEED
50 HEALTH-BASED STANDARDS FOR A PRIORITY TOXIC AIR CONTAMINANT,
51 THE OWNER OR OPERATOR SHALL NOT CONDUCT THE ANALYSIS REQUIRED
52 BY SUBSECTIONS (8)(a)(I) AND (8)(a)(II) OF THIS SECTION AND THE
53 DIVISION SHALL DENY THE PERMIT APPLICATION.".
54
55 Page 24, strike lines 26 and 27.
1 Strike page 25 and 26 and substitute:
2 "(9) Air pollution regulation for existing sources of toxic air
3 contaminants - needs assessment. (a) NO LATER THAN JULY 1, 2025,
4 THE DIVISION SHALL CONDUCT A NEEDS ASSESSMENT TO DETERMINE THE
5 NEEDS OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO
6 REGULATE EXISTING STATIONARY SOURCES THAT EMIT LEVELS OF TOXIC
7 AIR CONTAMINANTS THAT POSE A RISK TO PUBLIC HEALTH, REFERRED TO
8 IN THIS SUBSECTION (9) AS THE "AIR PERMITTING PROGRAM".
9 (b) THE NEEDS ASSESSMENT MUST:
10 (I) EVALUATE AIR PERMITTING PROGRAMS FOR EXISTING
11 STATIONARY SOURCES OF TOXIC AIR CONTAMINANTS IN OTHER STATES OR
12 JURISDICTIONS;
13 (II) DETERMINE THE SCOPE OF THE AIR PERMITTING PROGRAM,
14 INCLUDING THE TYPES OF PERMITS, STATIONARY SOURCES, INDUSTRIES,
15 AND GEOGRAPHIC AREAS OF THE STATE THAT WILL BE IMPACTED BY THE
16 PROGRAM;
17 (III) IDENTIFY THE TYPES OF STATIONARY SOURCES OR
18 CONDITIONS THAT WOULD PROMPT THE REOPENING OF AN AIR PERMIT BY
19 THE DIVISION UNDER THE AIR PERMITTING PROGRAM; AND
20 (IV) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR THE
21 IMPLEMENTATION OF THE AIR PERMITTING PROGRAM, INCLUDING
22 PROCESSES TO:
23 (A) NOTIFY ANY STATIONARY SOURCES THAT WOULD BE SUBJECT
24 TO THE AIR PERMITTING PROGRAM;
25 (B) ASSESS PUBLIC HEALTH RISKS ASSOCIATED WITH A
26 STATIONARY SOURCE'S EMISSIONS OF TOXIC AIR CONTAMINANTS; AND
27 (C) IMPLEMENT EMISSION CONTROL REGULATIONS OR ANY OTHER
28 STRATEGIES DESIGNED TO REDUCE EMISSIONS OF TOXIC AIR
29 CONTAMINANTS FROM A STATIONARY SOURCE.
30 (c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
31 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
32 OPPORTUNITY TO COMMENT ON THE NEEDS ASSESSMENT. THE DIVISION
33 SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
34 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
35 STATIONARY SOURCES ON THE NEEDS ASSESSMENT.
36 (d) IN FINALIZING THE NEEDS ASSESSMENT, THE DIVISION SHALL
37 INCLUDE IN THE NEEDS ASSESSMENT A SUMMARY OF ANY COMMENTS
38 RECEIVED FROM THE PUBLIC, WORKERS AT STATIONARY SOURCES, AND
39 DISPROPORTIONATELY IMPACTED COMMUNITIES AND IDENTIFY ANY
40 SIGNIFICANT CHANGES MADE TO THE NEEDS ASSESSMENT BASED ON SUCH
41 COMMENTS.
42 (e) THE DIVISION SHALL REPORT ON THE NEEDS ASSESSMENT TO
43 THE HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
44 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
45 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
46 COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
47 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
48 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
49 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
50
51 Page 30, strike lines 3 through 27.
52
53 Page 31, strike lines 1 through 4.
54
55 Renumber succeeding sections accordingly.

House Journal, May 3
10 HB22-1244 be amended as follows, and as so amended, be referred to
11 the Committee of the Whole with favorable
12 recommendation:
13
14 Amend printed bill, page 31, before line 5 insert:
15
16 "SECTION 5. Appropriation. (1) For the 2022-23 state fiscal
17 year, $3,135,853 is appropriated to the department of public health and
18 environment. This appropriation is from the general fund. To implement
19 this act, the department may use this appropriation as follows:
20 (a) $2,192,791 for use by the air pollution control division for
21 program costs, which amount is based on an assumption that the division
22 will require an additional 10.1 FTE;
23 (b) $271,906 for use by the division of environmental health and
23 sustainability for 24 the toxicology and environmental epidemiology unit,
25 which amount is based on an assumption that the division will require an
26 additional 7.0 FTE;
27 (c) $73,928 for the purchase of legal services; and
28 (d) $597,228 for the purchase of information technology services.
29 (2) For the 2022-23 state fiscal year, $73,928 is appropriated to
30 the department of law. This appropriation is from reappropriated funds
31 received from the department of public health and environment under
32 subsection (1)(c) of this section and is based on an assumption that the
33 department of law will require an additional 0.4 FTE. To implement this
34 act, the department of law may use this appropriation to provide legal
35 services for the department of public health and environment.
36 (3) For the 2022-23 state fiscal year, $597,228 is appropriated to
37 the office of the governor for use by the office of information technology.
38 This appropriation is from reappropriated funds received from the
39 department of public health and environment under subsection (1)(d) of
40 this section. To implement this act, the office may use this appropriation
41 to provide information technology services for the department of public
42 health and environment.".
43
44 Renumber succeeding sections accordingly.
45
46 Page 1, line 102, strike "CONTAMINANTS." and substitute
47 "CONTAMINANTS, AND, IN CONNECTION THEREWITH, MAKING AN
48 APPROPRIATION.".
49
50

House Journal, May 5
40 Amendment No. 1, Appropriations Report, dated May 3, 2022, and placed
41 in member’s bill file; Report also printed in House Journal, May 3, 2022.
42
43 Amendment No. 2, Energy & Environment Report, dated April 7, 2022,
44 and placed in member’s bill file; Report also printed in House Journal,
45 April 8, 2022.
46
47 Amendment No. 3, by Representative Kennedy.
48
49 Amend the Energy and Environment Committee Report, dated April 7,
50 2022, page 1, line 16, strike "Emission" and substitute "EXCEPT AS
51 PROVIDED IN SECTION 25-7-109.5, emission control regulations shall not
52 include standards which THAT describe maximum ambient air
53 concentrations of specifically identified pollutants or which THAT
54 describe varying degrees of pollution of ambient air. Emission control
55 regulations pertaining to hazardous air pollutants, as defined in subsection
1 (13) of this section, AND TOXIC AIR CONTAMINANTS DESIGNATED
2 PURSUANT TO SECTION 25-7-109.5, shall be consistent with the emission
3 standards promulgated under section 112 of the federal act or section
4 SECTIONS 25-7-109.3 AND 25-7-109.5 in reducing or preventing emissions
5 of hazardous air pollutants and may include application of measures,
6 processes, methods, systems, or techniques, including, but not limited to,
7 measures which".
8
9 Page 1 of the report, strike likes 17 through 27.
10
11 Page 2 of the report, line 4, strike "modifications;"." and substitute
12 "modifications;
13 SECTION 3. In Colorado Revised Statutes, 25-7-109, amend
14 (2)(c) and (2)(h) as follows:
15 25-7-109. Commission to promulgate emission control
16 regulations. (2) Such emission control regulations may include, but shall
17 not be limited to, regulations pertaining to:
18 (c) Sulfur oxides, sulfuric acids, ORGANIC SULFIDES, hydrogen
19 sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any
20 other chemical substance;
21 (h) Hazardous air pollutants AND TOXIC AIR CONTAMINANTS, AS
22 DEFINED IN SECTION 25-7-109.5 (1)(i).".".
23
24 Page 3 of the report, line 3, strike ""SHALL CREATE AN INITIAL LIST OF".
25
26 Page 3 of the report, strike lines 4 through 6 and substitute ""SHALL,
27 PURSUANT TO SUBSECTION (1)(i)(III) OF THIS SECTION,".".
28
29 Page 3 of the report, line 8, strike "POLLUTANTS."." and substitute
30 "POLLUTANTS AS TOXIC AIR CONTAMINANTS.".".
31
32 Page 3 of the report, strike line 13 and substitute "POLLUTANTS,
33 INCLUDING DATA REPORTED TO THE DIVISION CONCERNING THE EMISSIONS
34 OF TOXIC AIR POLLUTANTS;".
35
36 Page 3 of the report, strike lines 14 through 18.
37
38 Page 3 of the report, line 28, strike "WORKERS AT STATIONARY SOURCES,".
39
40 Page 4 of the report, strike line 1 and substitute:
41
42 "Page 12 of the printed bill, line 6, strike "emissions inventory reports"
43 and substitute "toxic emissions reporting program - study -".".
44
45 Page 4 of the report, line 19, strike "THE STATIONARY SOURCE" and
46 substitute "CATEGORIES OF STATIONARY SOURCES".
47
48 Page 4 of the report, lines 20 and 21, strike "IS A MAJOR SOURCE,
49 SYNTHETIC MINOR SOURCE, OR MINOR SOURCE;" and substitute "ARE
50 SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO
51 SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, OR MINOR SOURCES;".
52
53 Page 5 of the report, line 5, after "THAT" insert "MAY".
54
55
1 Page 5 of the report, line 6, strike "EMISSIONS INVENTORY" and substitute
2 "TOXIC EMISSIONS".
3
4 Page 5 of the report, line 7, after "FOR" insert "OPERATIONS AND
5 EMISSIONS OCCURRING IN".
6
7 Page 5 of the report, strike line 12.
8
9 Page 5 of the report, line 24, strike "JULY 1, 2025, AND BY JULY 1" and
10 substitute "OCTOBER 1, 2025, AND BY OCTOBER 1".
11
12 Page 6 of the report, line 12, strike "PROGRAM" and substitute "PROGRAM,
13 AND THE COSTS ASSOCIATED WITH ADDITIONAL MONITORING SITES,".
14
15 Page 6 of the report, strike lines 20 through 23 and substitute:
16
17 "Page 18 of the bill, strike lines 21 through 23 and substitute:
18
19 "(6) Health-based standards - rules. (a) NO LATER THAN
20 DECEMBER 31, 2023, THE COMMISSION SHALL IDENTIFY UP TO FIVE
21 PRIORITY TOXIC AIR CONTAMINANTS BASED ON EXISTING DATA AVAILABLE
22 TO THE COMMISSION.
23 (b) THE COMMISSION SHALL ADOPT RULES THAT:".
24
25 Reletter succeeding paragraphs accordingly.".
26
27 Page 6 of the report, line 24, after "FIVE" insert "ADDITIONAL".
28
29 Page 6 of the report, strike lines 26 through 29 and substitute:
30
31 "Page 19 of the bill, strike lines 4 through 6 and substitute:
32
33 "(C) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF
34 TOXIC AIR POLLUTANTS;".".
35
36 Page 6 of the report, strike lines 33 and 34.
37
38 Page 7 of the report, strike lines 2 and 3 and substitute ""SEPTEMBER 1,
39 2030, AND AT LEAST".
40
41 Page 20 of the bill, line 10, strike "OR MORE FREQUENTLY IF THE".
42
43 Page 20 of the bill, strike lines 11 through 15 and substitute "THE
44 COMMISSION SHALL:".".
45
46 Page 7 of the report, strike lines 6 and 7 and substitute "Page 20 of the
47 bill, strike lines 19 through 22.
48
49 Renumber succeeding subparagraphs accordingly.".
50
51 Page 7 of the report, strike line 10 and substitute:
52 ""(7) Emission control regulations - rules. (a) NO LATER THAN
53 SEPTEMBER 30, 2024, THE COMMISSION SHALL ADOPT EMISSION CONTROL
54 REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
55 CONTAMINANT IDENTIFIED PURSUANT TO SUBSECTION (6)(a) OF THIS
56 SECTION.
1 (b) NO LATER THAN".
2
3 Page 7 of the report, line 11, strike "JULY 1, 2026," and substitute
4 "SEPTEMBER 30, 2026,".
5
6 Page 7 of the report, strike lines 12 through 15 and substitute
7 "REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
8 CONTAMINANT.".
9
10 Page 7 of the report, line 16, strike "(b)" and substitute "(c)".
11
12 Page 7 of the report, line 16, before "IN" insert "EMISSION CONTROL
13 REGULATIONS SHALL BE DESIGNED TO REDUCE EMISSIONS OF PRIORITY
14 TOXIC AIR CONTAMINANTS TO THE MAXIMUM DEGREE ACHIEVABLE,
15 TAKING INTO ACCOUNT ENERGY, ENVIRONMENTAL, AND ECONOMIC
16 IMPACTS AND OTHER COSTS.".
17
18 Page 7 of the report, line 20, strike "JURISDICTIONS;" and substitute "BY
19 THE FEDERAL GOVERNMENT;".
20
21 Page 7 of the report, strike lines 22 through 29 and substitute "FROM
22 DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES, INCLUDING
23 SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO
24 SECTION 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;".
25 Page 22 of the bill, strike lines 1 through 3.
26
27 Renumber succeeding subparagraphs accordingly.".
28
29 Page 8 of the report, strike lines 2 through 5 and substitute:
30
31 "Page 22 of the bill, line 7, after the semicolon, add "AND".
32
33 Page 22 of the bill, strike lines 8 through 14.
34
35 Renumber succeeding subparagraphs accordingly.".
36
37 Page 8 of the report, strike lines 7 and 8 and substitute:
38
39 "Page 22 of the bill, strike lines 17 through 25 and substitute
40 "CONTAMINANT.
41 (c) FOR NEW OR MODIFIED SOURCES OF PRIORITY TOXIC AIR
42 CONTAMINANTS, THE COMMISSION SHALL ADOPT EMISSION CONTROL
43 REGULATIONS THAT ARE MORE STRINGENT THAN THOSE IDENTIFIED
44 PURSUANT TO SUBSECTIONS (7)(a) AND (7)(b) OF THIS SECTION WITHOUT
45 REGARD TO ECONOMIC IMPACTS.
46 (d) BEGINNING NO LATER THAN SEPTEMBER 30, 2031, AND AT
47 LEAST EVERY FIVE YEARS THEREAFTER, THE COMMISSION SHALL:".
48
49 Renumber succeeding paragraphs accordingly.".
50
51 Page 8 of the report, strike lines 20 through 28.
52
53 Strike page 9 of the report.
54
55 Page 10 of the report, strike lines 1 through 26 and substitute:
1 "Page 23 of the bill, strike lines 16 through 27.
2
3 Strike pages 24 and 25 of the bill.
4
5 Page 26 of the bill, strike lines 1 through 20 and substitute:
6
7 "(8) Air pollution regulation for sources of toxic air
8 contaminants - assessment. (a) NO LATER THAN DECEMBER 31, 2025,
9 THE DIVISION SHALL CONDUCT AN ASSESSMENT TO DETERMINE THE NEEDS
10 OF THE DIVISION TO ADMINISTER AN AIR PERMITTING PROGRAM TO
11 REGULATE NEW, MODIFIED, AND EXISTING STATIONARY SOURCES THAT
12 EMIT LEVELS OF PRIORITY TOXIC AIR CONTAMINANTS, REFERRED TO IN THIS
13 SUBSECTION (8) AS THE "AIR TOXICS PERMITTING PROGRAM".
14 (b) THE ASSESSMENT MUST:
15 (I) EVALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW,
16 MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR
17 CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS;
18 (II) EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE
19 SCOPE OF THE AIR TOXICS PERMITTING PROGRAM, INCLUDING THE TYPES
20 OF PERMITS, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS
21 OF THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM;
22 (III) IDENTIFY THE TYPES OF STATIONARY SOURCES OR
23 CONDITIONS THAT COULD PROMPT THE REOPENING OF AN AIR PERMIT BY
24 THE DIVISION TO ADDRESS EMISSIONS OF PRIORITY TOXIC AIR
25 CONTAMINANTS; AND
26 (IV) IDENTIFY PROCESSES AND REASONABLE TIMELINES FOR:
27 (A) THE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD
28 BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM;
29 (B) THE ASSESSMENT OF PUBLIC HEALTH RISKS ASSOCIATED WITH
30 A STATIONARY SOURCE'S EMISSIONS OF PRIORITY TOXIC AIR
31 CONTAMINANTS; AND
32 (C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES
33 DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS
34 FROM A STATIONARY SOURCE THROUGH PERMITTING; AND
35 (V) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
36 THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR
37 EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS.
38 (c) THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
39 LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
40 OPPORTUNITY TO COMMENT ON THE ASSESSMENT. THE DIVISION SHALL
41 ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
42 DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
43 STATIONARY SOURCES ON THE ASSESSMENT.
44 (d) IN FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE
45 IN THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE
46 PUBLIC, WORKERS AT STATIONARY SOURCES, AND DISPROPORTIONATELY
47 IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE
48 TO THE ASSESSMENT BASED ON SUCH COMMENTS.
49 (e) THE DIVISION SHALL REPORT ON THE ASSESSMENT TO THE
50 HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
51 ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF
52 REPRESENTATIVES, OR THEIR SUCCESSOR COMMITTEES, DURING THE
53 COMMITTEES' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
54 THE GENERAL ASSEMBLY UNDER THE "STATE MEASUREMENT FOR
55 ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
1 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
2
3 Renumber succeeding subsection accordingly.".
4
5 Amendment No. 4, by Representative Gonzales-Gutierrez.
6
20 7 Amend the Kennedy floor amendment (HB1244_L.027), page 4, lines
8 and 21, strike "SECTION WITHOUT REGARD TO ECONOMIC IMPACTS." and
9 substitute "SECTION. THE COMMISSION SHALL ALSO ADOPT AN EMISSIONS
10 THRESHOLD BELOW WHICH NEW EMISSION SOURCES SHALL NOT BE
11 REQUIRED TO COMPLY WITH THE MORE STRINGENT EMISSION CONTROL
12 REGULATIONS.".
13
14 Amendment No. 5, by Representative Kennedy.
15
16 Amend the Kennedy floor amendment (HB1244_L.027), page 1, line 11,
17 strike "AND" and substitute "OR".
18
19 Page 2 of the amendment, after line 1 insert:
20 "Page 3 of the report, strike lines 20 through 22 and substitute:
21
22 "Page 11 of the bill, strike lines 16 and 17 and substitute:
23 "(e) INFORMATION ABOUT THE TOXICITY OF AIR POLLUTANTS THAT
24 IS PUBLICLY AVAILABLE AND PEER-REVIEWED RELATED TO:".".".
25
26 Page 2 of the amendment, strike line 12 and substitute:
27 "Page 5 of the report, line 5, strike "ADOPT RULES THAT REQUIRE" and
28 substitute "CONSIDER THE ADOPTION OF RULES THAT ENSURE ANNUAL
29 REPORTS ON TOXIC AIR CONTAMINANTS ARE SUBMITTED TO THE DIVISION
30 AND MAY REQUIRE".".
31
32 Page 2 of the amendment, strike lines 25 through 30 and substitute:
33 ""(6) Health-based standards - rules. (a) THE COMMISSION
34 SHALL ADOPT RULES THAT:"
35
36 Page 3 of the amendment, strike line 1.
37
38 Page 3 of the amendment, strike lines 7 and 8 and substitute:
39 "Page 7 of the report, strike lines 2 and 3 and substitute ""SEPTEMBER 30,
40 2029, AND AT LEAST ONCE".".".
41
42 Page 3 of the amendment, strike lines 15 through 31.
43
44 Page 4 of the amendment, strike line 1 and substitute:
45 "Page 7 of the report, strike lines 10 through 17 and substitute:
46 ""(7) Emission control regulations - rules. (a) NO LATER THAN
47 APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
48 REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
49 CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY
50 IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF
51 PRIORITY TOXIC AIR CONTAMINANTS.
52 (b) IN DETERMINING THE EMISSION CONTROL REGULATIONS,".".
53
54
1 Amendment No. 6, by Representative Gonzales-Gutierrez.
2
3 Amend the Kennedy floor amendment (HB1244_L.027), page 1, line 27,
4 strike "(1)(i)."."." and substitute "(1)(j).".".".
5
6 Page 1 of the amendment, line 30, strike "(1)(i)(III)" and substitute
7 "(1)(j)(III)".
8
9 Page 3 of the amendment, after line 5 insert:
10
11 "Page 6 of the report, strike line 30.".
12
13 Page 4 of the amendment, strike lines 7 through 9 and substitute "SECTION
14 25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;
15 (III) WHERE APPROPRIATE, THE MAXIMUM DEGREE OF REDUCTION
16 OF EACH PRIORITY TOXIC AIR CONTAMINANT THAT IS ACHIEVABLE AND
17 TECHNICALLY FEASIBLE , TAKING INTO ACCOUNT ENERGY ,
18 ENVIRONMENTAL, AND ECONOMIC IMPACTS AND OTHER COSTS PURSUANT
19 TO THE REQUIREMENTS DESCRIBED IN SECTION 25-7-110.8;".".".
20
21 Page 4 of the amendment, line 17, strike "OR MODIFIED" and substitute
22 "EMISSION".
23
24 Page 4 of the amendment, line 22, strike "2031," and substitute "2030,".
25
26 Page 4 of the amendment, line 23, after "LEAST" insert "ONCE".
27
28 Page 5 of the amendment, strike lines 17 through 20.
29
30 Page 5 of the amendment, line 21, strike "(IV)" and substitute "(III)".
31
32 Page 5 of the amendment, line 30, strike "(V)" and substitute "(IV)".
33
34 Amendment No. 7, by Representative Soper.
35
36 Amend the Kennedy floor amendment (HB1244_L.040), page 1, line 11,
37 after "TECHNICALLY" insert "AND ECONOMICALLY".
38
39 Amendment No. 8, by Representative Kennedy.
40
41 Amend the Kennedy floor amendment (HB1244_L.027), page 5, line 44,
42 after "ASSESSMENT" insert "AND PROVIDE RECOMMENDATIONS".
43
44 Amendment No. 9, by Representative Gonzales-Gutierrez.
45
46 Amend the Energy and Environment Committee Report, page 8, after line
47 19 insert:
48
49 "Page 23 of the bill, after line 15 insert:
50
51
1 "(f) THE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER
2 THIS SUBSECTION (7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING
3 RESOURCE LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER
4 THAN JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC
5 UTILITIES COMMISSION CREATED IN SECTION 40-2-101 (1) AS PART OF AN
6 ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS
7 PART OF A CLEAN ENERGY PLAN.".".
8
9 Amendment No. 10, by Representative Kennedy.
10
11 Amend printed bill, page 4, line 5, strike "prevent" and substitute "avoid,
12 minimize, or mitigate".
13
14 Page 5, line 3, strike "airborne".
15
16 Page 5, strike line 4 and substitute "emission control regulations.".
17
18 Page 5, line 7, after "annual" insert "toxic".
19
20 Page 5, line 8, strike "inventory reports" and substitute "reporting
21 program".
22
23 Page 5, strike lines 12 through 17.
24
25 Reletter succeeding paragraphs accordingly.
26
27 Page 5, line 18, strike "THE ADVERSE" and substitute "THE DETRIMENTAL".
28
29 Page 5, line 20, strike "AND SYNERGISTIC".
30
31 Page 6, line 19, strike "PURSUANT TO" and substitute "THAT IS AT LEAST
32 AS STRINGENT AS".
33
34 Page 6, strike lines 23 through 25.
35
36 Reletter succeeding paragraphs accordingly.
37
38 Page 7, strike lines 1 through 5.
39
40 Reletter succeeding paragraphs accordingly.
41
42 Page 7, strike line 17 and substitute "EXPOSURE LIMITS FOR PRIORITY
43 TOXIC AIR CONTAMINANTS".
44
45 Page 7, strike line 27.
46
47 Page 8, strike lines 1 through 6 and substitute:
48
49 "(g) (I) "SCIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO ARE
50 PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC RESEARCH
51 ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC SUBSTANCES
52 AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY, ONCOLOGY,
53 EPIDEMIOLOGY, OR TOXICOLOGY.
54
1 (II) "SCIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH
2 EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS OR METEOROLOGY
3 OR EXPERIENCE ASSESSING THE IMPACTS OF EMISSIONS OF TOXIC AIR
4 CONTAMINANTS ON CONCENTRATIONS IN THE AMBIENT AIR.".
5
6 Reletter succeeding paragraphs accordingly.
7
8 Page 8, strike lines 18 through 20 and substitute "OF THIS SECTION.".
9
10 Page 8, line 21, strike "LAW" and substitute "LIMITATION IN THIS ARTICLE
11 7".
12
13 Page 8, strike lines 25 through 27.
14
15 Page 9, strike line 1.
16
17 Page 10, line 18, before "BEGINNING" insert "THE DIVISION SHALL
18 PUBLISH AN INITIAL LIST OF THE TOXIC AIR CONTAMINANTS DESIGNATED
19 IN SUBSECTIONS (1)(i)(I) AND (1)(i)(II) OF THIS SECTION BY OCTOBER 1,
20 2022." and strike "JANUARY 1, 2024," and substitute "SEPTEMBER 1,
21 2030,".
22
23 Page 10, line 22, strike "ADD" and substitute "DESIGNATE".
24
25 Page 10, line 23, strike "A" and substitute "AN EXPEDITED".
26
27 Page 10, line 27, strike "ADDITIONAL REVIEW." and substitute "EXPEDITED
28 CONSIDERATION FOR DESIGNATION AS A TOXIC AIR CONTAMINANT. IF THE
29 COMMISSION UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR
30 POLLUTANT FOR DESIGNATION AS A TOXIC AIR CONTAMINANT, THE
31 COMMISSION'S NEXT REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE
32 PLACE NO LATER THAN FIVE YEARS AFTER THE EXPEDITED
33 CONSIDERATION. IN DETERMINING WHETHER ANY AIR POLLUTANT SHOULD
34 BE DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT, THE
35 COMMISSION SHALL CONSIDER:".
36
37 Page 11, strike line 1.
38
39 Page 12, line 5, strike "STATES AND JURISDICTIONS." and substitute
40 "STATES.".
41
42 Page 12, line 9, strike "EMISSIONS INVENTORY" and substitute "TOXIC
43 EMISSIONS".
44
45 Page 12, line 11, strike "AND CRITERIA AIR POLLUTANT".
46
47 Page 12, line 14, strike "EMISSIONS INVENTORY" and substitute "TOXIC
48 EMISSIONS".
49
50 Page 15, line 1, strike "EMISSIONS INVENTORY" and substitute "TOXIC
51 EMISSIONS".
52
53 Page 15, line 3, strike "EMISSIONS INVENTORY" and substitute "TOXIC
54 EMISSIONS".
55
1 Page 15, line 14, strike "ANNUAL" and strike "OR CRITERIA".
2
3 Page 15, line 15, strike "AIR POLLUTANT".
4
5 Page 15, line 17, strike "OR CRITERIA AIR POLLUTANT" and strike
6 "EMISSIONS INVENTORY" and substitute "TOXIC EMISSIONS".
7
8 Page 15, line 27, strike "LONG-TERM" and strike "IN" and substitute
9 "COVERING".
10
11 Page 16, line 2, strike "LONG-TERM".
12
13 Page 16, line 4, strike "LONG-TERM".
14
15 Page 16, line 26, strike "COMMISSION MUST SPECIFY BY RULE" and
16 substitute "DIVISION MUST SPECIFY".
17
18 Page 17, line 1, strike "THE MONITORING SITES," and substitute "ANY NEW
19 MONITORING SITE,".
20
21 Page 17, line 8, strike " COMMUNITY AND AT THE GREATEST RISK" and
22 substitute "COMMUNITY.".
23
24 Page 17, strike line 9.
25
26 Page 18, line 24, strike "IDENTIFY" and substitute "NO LATER THAN
27 DECEMBER 31, 2025, IDENTIFY" and strike "BASED ON:" and substitute
28 "CONSIDERING:".
29
30 Page 19, line 8, strike "11023;"." and substitute "11023 AND DATA
31 PREPARED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S AIR
32 TOXICS SCREENING ASSESSMENT (AIRTOXSCREEN) PROGRAM;" and strike
33 "AND".
34
35 Page 19, line 9, strike "AVAILABLE" and substitute "SUBMITTED" and after
36 "COMMISSION" insert "DURING THE RULE-MAKING PROCESS".
37
38 Page 19, after line 11 insert:
39
40 "(F) INPUT FROM THE SCIENTIFIC COMMUNITY; AND".
41
42 Page 19, line 12, strike "ESTABLISH" and substitute "NO LATER THAN
43 SEPTEMBER 30, 2026, ESTABLISH".
44
45 Page 19, line 13, strike "HEALTH AND" and substitute "HEALTH.".
46
47 Page 19, strike line 14.
48
49 Page 19, line 17, strike "REVIEW" and substitute "CONSIDER".
50
51 Page 19, line 19, strike "ACUTE OR CHRONIC HEALTH CONDITIONS;" and
52 substitute "ADVERSE HEALTH EFFECTS;".
53
54 Page 19, strike lines 20 through 22 and substitute:
55
1 "(II) CONSIDER STANDARDS ADOPTED IN OTHER STATES TO
2 REDUCE OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE
3 AMBIENT AIR;".
4
5 Page 20, strike lines 7 and 8 and substitute:
6
7 "(VI) CONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH
8 HOLDING AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS
9 CONSULTATION.".
10
11 Page 20, line 17, strike "BASED ON" and substitute "CONSIDERING".
12
13 Page 20, line 27, strike "AND" and substitute "AND, IF A DETERMINATION
14 IS MADE TO REVISE ANY EXISTING HEALTH-BASED STANDARD, THE
15 COMMISSION MUST , WITHIN TWELVE MONTHS AFTER THE
16 DETERMINATION,".
17
18 Page 21, after line 1 insert:
19
20 "(d) NO MORE THAN TWELVE MONTHS AFTER THE COMMISSION
21 MAKES THE DETERMINATION PURSUANT TO SECTION (6)(c)(I) OF THIS
22 SECTION, THE COMMISSION SHALL ADOPT HEALTH-BASED STANDARDS FOR
23 ANY ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IN ACCORDANCE
24 WITH SUBSECTION (6)(b) OF THIS SECTION.".
25
26 Page 21, line 17, after "SHALL" insert "PRIORITIZE REDUCTIONS OF
27 EMISSIONS IN DISPROPORTIONATELY IMPACTED COMMUNITIES WITH
28 MULTIPLE SOURCES OF EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS,
29 AND SHALL".
30
31 Page 22, line 7, after "TECHNOLOGIES;" insert "AND".
32
33 Page 22, strike line 17 and substitute "CONTAMINANT.".
34
35 Page 27, line 2, after "(2)," insert "(3)(a)(I),".
36
37 Page 28, after line 3 insert:
38
39 "(3) (a) (I) As soon as adequate scientific, technological, and
40 hazardous air pollutant emissions information is available, the
41 commission may promulgate regulations for the control of hazardous air
42 pollutants, INCLUDING utilizing Colorado GACT or Colorado MACT
43 technology-based emission reduction requirements, as defined in section
44 25-7-103 (6.7) and (6.8).".
45
46 Page 28, line 4, strike "(3)(b)" and substitute "(b)".
47
48 Amendment No. 11, by Representative Kennedy.
49
50 Amend the Kennedy floor amendment (HB1244_L.026), page 1, after
51 line 10 insert:
52
53 "Page 5 of the bill, line 19, strike "TOXIC AIR CONTAMINANT EMISSIONS,"
54 and substitute "EMISSIONS OF A TOXIC AIR CONTAMINANT,".".
55
1 Page 1 of the amendment, after line 11 insert:
2
3 "Page 5 of the bill, line 21, after "EMISSIONS" insert "OF THE TOXIC AIR
4 CONTAMINANT".".
5
6 Page 1 of the amendment, strike lines 18 and 19 and substitute:
7
8 "Page 7 of the bill, strike line 17 and substitute "CHRONIC EXPOSURE
9 LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT".".
10
11 Page 1 of the amendment, after line 19 insert:
12
13 "Page 7 of the bill, strike lines 25 and 26.
14
15 Renumber succeeding paragraphs accordingly.".
16
17 Page 2 of the amendment, line 5, strike "ATMOSPHERIC PHYSICS OR
18 METEOROLOGY" and substitute "ATMOSPHERIC PHYSICS, METEOROLOGY,
19 OR AMBIENT MONITORING".
20
21 Page 2 of the amendment, line 17, strike ""SEPTEMBER 1," and substitute
22 ""SEPTEMBER 30,".
23
24 Page 3 of the amendment, strike line 2 and substitute:
25
26 "Page 12 of the bill, strike line 11 and substitute "EMITTED BY EACH
27 SOURCE REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO SECTION
28 25-7-114.3 AND EACH".".
29
30 Page 3 of the amendment, line 25, strike "2025," and substitute "2024,".
31
32 Amendment No. 12, by Representative Soper.
33
34 Amend the Kennedy floor amendment (HB1244_L.026), page 3, after
35 line 26 insert:
36
37 "Page 18 of the bill, strike line 25.
38
39 Page 18 of the bill, strike lines 26 and 27.
40
41 Page 19 of the bill, strike lines 1 through 3 and substitute:
42 "(A) EXISTING DATA CONCERNING TOXIC AIR CONTAMINANTS
43 GATHERED THROUGH DIVISION MONITORING PROGRAMS;".".
44
45 Reletter succeeding sub-subparagraphs accordingly.
46
47 Page 4 of the amendment, after line 3 insert:
48 "Page 19 of the bill, line 11, strike "STATE;" and substitute "STATE,
49 INCLUDING DATA COLLECTED THROUGH COMMUNITY-LED MONITORING
50 PROGRAMS;".".
51
52 Page 4 of the amendment, line 7, strike "2026," and substitute "2025,".
53
54 Page 4 of the amendment, strike lines 8 and 9 and substitute:
55
1 "Page 19 of the bill, strike line 14 and substitute "IDENTIFY THE
2 ACCEPTABLE RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS.".".
3
4 Page 4 of the amendment, after line 16 insert:
5 "Page 20 of the bill, line 1, strike "ANY CANCER-RELATED HEALTH".
6
7 Page 20 of the bill, strike lines 2 and 3.
8
9 Page 20 of the bill, line 6, after "TO" insert "PRIORITY".".
10
11 Page 4 of the amendment, after line 21 insert:
12
13 "Page 20 of the bill, after line 22 insert:
14 "(II) DETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS
15 FOR PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF
16 HEALTH-BASED STANDARDS DETERMINED BY THE COMMISSION BY RULE;
17 (III) DETERMINE WHETHER TO REVISE THE ACCEPTABLE CANCER
18 RISK LEVEL FOR EXPOSURE TO HUMAN CARCINOGENS;".
19 Renumber succeeding subparagraphs accordingly.".
20
21 Amendment No. 13, by Representative Kennedy.
22
23 Amend printed bill, page 3, line 7, after "sources" insert "and background
24 levels in the ambient air".
25
26 Page 4, line 19, strike "data;" and substitute "data, including consideration
27 of background levels in the ambient air;".
28
29 Page 6, after line 27 insert:
30
31 "(h) "DISPROPORTIONATELY IMPACTED COMMUNITY" HAS THE
32 MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).".
33
34 Reletter succeeding paragraphs accordingly.
35
36 Page 12, line 7, strike "APRIL 1" and substitute "JUNE 30" and strike
37 "APRIL 1," and substitute "JUNE 30,".
38
39 As amended, ordered engrossed and placed on the Calendar for Third
40 Reading and Final Passage.
41

House Journal, May 5
20 Amend the Energy and Environment Committee Report, dated April 7,
2 21 2022, page 10, strike line 26 and substitute "GOVERNMENT ACT", PART
22 OF ARTICLE 7 OF TITLE 2.
23 (10) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
24 CONTRARY, THE REGULATIONS AND REQUIREMENTS DESCRIBED IN THIS
25 SECTION APPLY ONLY IN AREAS OF THE STATE THAT ARE CLASSIFIED BY
26 THE COMMISSION AS NONATTAINMENT AREAS PURSUANT TO SECTION
27 25-7-107 .".".
28
29 The amendment was declared lost by the following roll call vote:
30
31 YES 23 NO 40 EXCUSED 2 ABSENT
32 Amabile N Exum N Lynch Y Sirota N
33 Bacon N Froelich N McCluskie N Snyder N
34 Baisley Y Geitner Y McCormick N Soper Y
35 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
36 Bernett N Gray E McLachlan N Tipper N
37 Bird N Hanks Y Michaelson Jenet N Titone N
38 Bockenfeld Y Herod N Mullica N Valdez A. N
39 Boesenecker N Holtorf Y Neville Y Valdez D. N
40 Bradfield Y Hooton N Ortiz N Van Beber Y
41 Caraveo N Jodeh N Pelton Y Van Winkle Y
42 Carver Y Kennedy N Pico Y Weissman N
43 Catlin Y Kipp N Ransom Y Will Y
44 Cutter N Larson Y Rich Y Williams E
45 Daugherty N Lindsay N Ricks N Woodrow N
46 Duran N Lontine N Roberts N Woog Y
47 Esgar N Luck Y Sandridge Y Young N
48 Speaker N

Senate Journal, May 9
After consideration on the merits, the Committee recommends that HB22-1244 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.

Amend reengrossed bill, page 5, lines 21 and 22, strike "EXCEPT AS PROVIDED
IN SECTION 25-7-109.5, emission" and substitute "Emission".

Page 6, line 19, strike "(1)(j)." and substitute "(1)(i).".

Page 6, line 24, strike "air pollution permits" and substitute "air toxics
permitting program assessment".

Page 6, line 25, strike "enforcement -".

Page 7, line 25, strike "EFFECTS," and substitute "EFFECTS OF THAT PRIORITY
TOXIC AIR CONTAMINANT,".

Page 8, line 4, strike "TOXIC AIR CONTAMINANTS" and substitute "A TOXIC AIR
CONTAMINANT".

Page 9, line 8, before "THE" insert "(a)".

Page 9, line 10, strike "IN" and substitute "PURSUANT TO".

Page 9, strike line 11 and substitute "THIS SECTION BY OCTOBER 1, 2022.
(b) BEGINNING NO LATER THAN".

Page 9, line 14, strike "(1)(j)(III)" and substitute "(1)(i)(III)".

Page 9, line 16, strike "BY RULE".

Page 9, strike line 17 and substitute "TOXIC AIR CONTAMINANTS.
(c) THE COMMISSION MAY DETERMINE THAT AN".

Page 9, strike line 27 and substitute "EXPEDITED CONSIDERATION.
(d) IN DETERMINING WHETHER ANY AIR".

Page 10, line 3, strike "(a)" and substitute "(I)".

Page 10, line 4, strike "(b)" and substitute "(II)" and strike "ANY EXISTING" and
substitute "EXISTING".

Page 10, strike lines 5 and 6 and substitute "POLLUTANTS, INCLUDING DATA
REPORTED TO:
(A) THE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
POLLUTANTS; AND
(B) THE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42 U.S.C.
SEC. 11023 OR PREPARED BY THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY'S AIR TOXICS SCREENING ASSESSMENT (AIRTOXSCREEN) PROGRAM;".

Page 10, line 7, strike "(c)" and substitute "(III)" and after "INFORMATION"
insert "SUBMITTED TO THE COMMISSION".

Page 10, line 9, strike "(I)" and substitute "(A)".

Page 10, line 10, strike "(II)" and substitute "(B)".

Page 10, line 11, strike "(III)" and substitute "(C)".

Page 10, line 12, strike "(IV)" and substitute "(D)".

Page 10, line 13, strike "(V)" and substitute "(E)".

Page 10, line 19, strike "(d)" and substitute "(IV)".

Page 10, lines 23 and 24, strike "MAJOR SOURCES AND SYNTHETIC MINOR
SOURCES" and substitute "SOURCES REQUIRED TO HAVE AN OPERATING PERMIT
PURSUANT TO SECTION 25-7-114.3 AND SYNTHETIC MINOR SOURCES".

Page 10, strike lines 26 and 27 and substitute "EMITTED BY EACH SOURCE".

Page 11, line 7, strike "APRIL 1" and substitute "JUNE 30".

Page 11, line 9, strike "APRIL 1" and substitute "JUNE 30".

Page 12, line 11, strike "JULY 1, 2024," and substitute "OCTOBER 1, 2024,".

Page 12, line 13, strike "DECEMBER 31, 2024," and substitute "APRIL 30, 2025,".

Page 12, line 21, strike "MINIMUS" and substitute "MINIMIS".

Page 14, line 21, strike "MAY 1, 2025, AND BY MAY 1" and substitute "JULY 1,
2025, AND BY JULY 1".

Page 16, line 3, strike "DECEMBER 31, 2024," and substitute "APRIL 30, 2025,".

Page 16, line 20, strike "SEPTEMBER 30, 2025," and substitute "APRIL 30,
2026,".

Page 16, lines 22 and 23, strike "ACCEPTABLE RISK LEVEL FOR EXPOSURE TO
HUMAN CARCINOGENS." and substitute "EXCESS CANCER AND NON-CANCER RISK
LEVELS FOR USE IN SETTING THE HEALTH-BASED STANDARDS.".

Page 16, lines 26 and 27, strike "SCIENTIFIC DATA" and substitute "TOXICITY
VALUES".

Page 16, line 27, before "TOXIC" insert "PRIORITY".

Page 17, line 5, before "TOXIC" insert "PRIORITY".

Page 17, line 26, strike "STANDARDS DETERMINED BY THE COMMISSION BY
RULE;" and substitute "STANDARDS;".

Page 17, line 27, strike "ACCEPTABLE CANCER".

Page 18, strike line 1 and substitute "EXCESS CANCER AND NON-CANCER RISK
LEVELS FOR USE IN SETTING THE HEALTH-BASED STANDARDS;".

Page 18, strike lines 22 through 24 and substitute "COMMISSION SHALL".

Page 19, line 6, strike "WHERE APPROPRIATE, THE MAXIMUM" and substitute
"THE".

Page 19, strike lines 11 through 13.

Renumber succeeding subparagraphs accordingly.

Page 19, lines 23 and 24, strike "IDENTIFIED PURSUANT TO SUBSECTIONS (7)(a)
AND (7)(b) OF THIS SECTION." and substitute "ADOPTED FOR EXISTING EMISSION
SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS.".

Page 19, line 25, strike "SHALL" and substitute "MAY".

Page 22, strike lines 12 through 18.


Finance After consideration on the merits, the Committee recommends that 121064 be amended as
follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend reengrossed bill, page 9, strike line 23 and substitute:

"(c) THIS SECTION DOES NOT APPLY TO THE SALE OF UP TO ONE CARTON
OF MENTHOL CIGARETTES PER PERSON PER DAY AT A CIGAR-TOBACCO BAR,".

Page 9, strike line 27.

Page 10, strike lines 1 and 2.