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Bill Tracker

based on: Profile: LWVCO - Environmental Quality & Climate Change

 
 
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Notes about this profile:

LAC Lobbyists: Jeannette Hillery, Amy Sherwood, Ann Sutton, Holly Monkman; Abby Francl


Bill: HB21-1131
Title: Cooperative Electric Associations Governance Requirements
Position
Custom Summary
StatusGovernor Signed (04/29/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning governance requirements for cooperative electric associations.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/22/2021)
House SponsorsM. Catlin (R)
J. Amabile (D)
Senate SponsorsD. Coram (R)
F. Winter (D)
House CommitteeEnergy and Environment
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: HB21-1162
Title: Management Of Plastic Products
Position
Custom Summary

This bill sets time dates regarding Colorado municipalities' management of carry out single use plastic bags and polystyrene carry out-ready-to eat food containers. It lifts the "no control" ban of these plastic products. It sets Sept. 1, 2021 as the beginning date for a $.10 charge on plastic bags and Sept. 1, 2022 as the start of a recycled-paper-bag use only date with a $.10 charge. Retail food establishments may not use polystyrene containers for ready-to-eat foods on Jan 1, 2022. There are exceptions for both bags and containers. Revenues will be split, 60% for municipalities and 40% for businesses with rules.

U.S. homes/businesses throw out enough plastic to fill a football stadium 1.5 times daily on average that is increasing. Only 8% of plastic is recycled-92% is landfilled, incinerated or littered. Plastics break down into microplastic particles that persist and accumulate. They have been found in the food we eat, the water we drink and the air we breathe. Plastic additives interfere with brain development and disrupt the hormone system, other chemicals can cause cancer and birth defects. "Greenhouse gas emissions from the plastic lifecycle threaten the ability of the global community to keep global temperature rise below 1.5 degrees Celsius", states a report from the Center for International Environmental Law.

League believes that pollution of our resources should be controlled in order to preserve the physical, chemical and biological integrity of ecosystems and to protect publlic health. League is in SUPPORT of this bill. 

Update: The bill is scheduled for a May 4 hearing, 8am, in Appropriations. The bill passed the House on a 41-23-1 vote on June 8 after a Repass and Concurrence.

StatusGovernor Signed (07/06/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning the management of plastic products.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (08/27/2021)
House SponsorsL. Cutter (D)
A. Valdez (D)
Senate SponsorsL. Garcia (D)
J. Gonzales (D)
House CommitteeEnergy and Environment
Senate CommitteeState, Veterans and Military Affairs
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: HB21-1189
Title: Regulate Air Toxics
Position
Custom Summary

Further amendments addressed costs of community-based monitoring and cost-sharing by the covered facilities.  Thresholds for exposures requiring public notification are further defined as exposures averaging 1 hour; notification records are to be kept for 2 years. 

Amended bill changes the definition of “covered facility” to “petroleum refineries; aircraft parts and auxiliary equipment manufacturing, and petroleum bulk stations and terminals” if the latter is within an ozone control area.  “Emission thresholds”  has been changed to reference “North American Industry Classification System Codes.”

Amendment clarifies when the APCD may require reporting of pollutants other than the covered air toxics.

The League supports ensuring air quality by regulation and reduction of pollution from stationary sources and of ambient toxic air pollution. 

The bill addresses regulation of air quality by AQCC by requiring consideration of whether air toxics in addition to the 3 that are currently monitored should be added to this list now based on reported incident data and also new data from active air monitoring.   New and/or adjusted thresholds for specific pollutants should be made.

The monitoring to be required of the permitted facilities is described as fenceline monitoring adjacent to the facility using specified sensitive methods, continuously and with the results recorded and made available to regulators and the public.  Fenceline monitoring can detect fugitive emissions from processes and leaks in addition to incidental release due to malfunctions or accidents. 

The bill requires a program of ambient air monitoring by APCD in nearby communities (within 3 miles from the facility) with results made available to the public in relevant languages. 

The community should be provided with prompt notifications of permit violations and with a timeline for corrective actions.

The League supports inclusion for success in policy-making by engaging individuals, households, and communities. 

Community engagement in planning for monitoring and communication of emergency notifications, results of fenceline monitoring, and results of ambient air monitoring to be provided in at least two relevant languages in the community is required in the bill. 

StatusGovernor Signed (06/24/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning additional public health protections in relation to the emission of air toxics, and, in connection therewith, making an appropriation.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/23/2021)
House SponsorsA. Benavidez (D)
A. Valdez (D)
Senate SponsorsD. Moreno (D)
J. Gonzales (D)
House CommitteeEnergy and Environment
Senate CommitteeFinance
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: HB21-1253
Title: Renewable And Clean Energy Project Grants
Position
Custom Summary

This bill would transfer $5 million dollars from the Colorado general fund to the local government severance tax fund to fund grants to local governments. The grants would be used for renewable and clean energy infrastructure implementation projects. The department of local affairs would award grants to communities where renewable and clean energy infrastructure is sparse. 

The Department of local affairs would then present a report on the grants during its annual 2022 SMART act presentation.

According to the Positions for Action, the league supports “environmentally sound policies that reduce energy growth rates, emphasize energy conservation, and encourage the use of renewable resources.”

StatusGovernor Signed (06/14/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning a general fund transfer to the local government severance tax fund to fund grants to local governments for renewable and clean energy infrastructure projects, and, in connection therewith, making an appropriation.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (08/17/2021)
House SponsorsM. Froelich (D)
M. Gray (D)
Senate SponsorsB. Rankin (R)
F. Winter (D)
House CommitteeEnergy and Environment
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: HB21-1266
Title: Environmental Justice Disproportionate Impacted Community
Position
Custom Summary

A major amendment incorporates portions of SB 200, Reduce Greenhouse Gases Increase Environmental Justice, that specifically address three of the top five GHG pollution sources: Industry & Manufacturing; Oil & Gas; Electricity generation.  SB 200 as part of an interrelated approach using the best available science in combating climate change to protect public health and defend the overall integrity of the global ecosystem. 

AQCC will include GHG emissions in the list of air pollutants to be reported and require an APEN fee per ton of emissions (Air Pollution Emission Notice).  APEN fee revenue is directed to the Stationary Sources Control Fund to be used for outreach and engagement with disproportionately impacted communities (DIC) and for an Environmental Justice ombudsperson and advisory board.

AQCC will propose rules that will reduce statewide GHG emissions in the oil and gas sector from 2005 levels 36% by 2025 and 60% by 2030, and in the manufacturing and industrial sector from 2015 levels 20% by 2030.  The social cost of GHG will be included in economic impact analyses for rules.   AQCC will authorize a tradeable GHG credit program and create an accounting system.

Electric utilities are required to submit Clean Energy Plans to PUC that include GHG reduction goals to achieve at least an 80% reduction by 2030, relative to 2005. 

An Environmental Justice Advisory Board in CDPHE is to implement an Environmental Mitigation Project Grant Program.

Additional permitting requirements will be set for sources of affected pollutants (related to significant health and environmental impacts) in DIC to include enhanced modeling and monitoring. 

The League supports inclusion for success in policy-making – by engaging individuals, households, and communities, -- and supports social and economic justice for all Americans. 

The League believes no person or group should suffer legal, economic, or administrative discrimination. 

The bill requires the Air Quality Control Commission to engage with disproportionately impacted communities in rule-making, licensing, adjudicatory hearings.  The engagement is to be based on trust and transparency and provide opportunities to influence policy and modify actions as a way to decrease burdens or increase benefit to disproportionately impacted communities.  Engagement should explore new ways to gather input with notifications, multiple languages, modes of input, and convenient locations and times.

The bill creates the Environmental Justice Action Task Force in CDPHE to recommend to the General Assembly a state agency-wide environmental justice plan that addresses the lack of data and data sharing on environmental hazard exposure and engagement across barriers.  The task force may consider recommending requirements for Environmental Equity Analysis in all significant planning. 

Using stakeholder input, the task force may propose revisions to the definition of disproportionately impacted communities in the bill that uses U.S. census block data to define communities that Identify as minority; are >40% low-income (using the federal poverty definition); are >40% Housing cost-burdened (>30% of income); any other communities identified by state as burdened by redlining or discriminatory laws; other multi-factors leading to health disparities. 

StatusGovernor Signed (07/02/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning efforts to redress the effects of environmental injustice on disproportionately impacted communities, and, in connection therewith, making an appropriation.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/29/2021)
House SponsorsM. Weissman (D)
Senate SponsorsJ. Buckner (D)
F. Winter (D)
House CommitteeEnergy and Environment
Senate CommitteeFinance
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: HB21-1303
Title: Global Warming Potential For Public Project Materials
Position
Custom Summary

This "Buy Clean Colorado Act" is in two parts, with the goal of limiting the global warming potential of certain construction materials, being achieved by both the Department of Personnel and the Department of Transportation. The goal will be achieved at no additional cost due to the competitive bidding process in acquiring contracts.

PART l is about BUILDING PROJECTS: The Department of Personnel, through the Office of the State Architect, will establish policies regarding the maximum global warming potential, at industry average, for eligible materials used to construct government public projects, by January of 2024 and will be reviewed every 4 years. Specifications reported for a project must not exceed limits set. These building materials include: asphalt, cement, concrete, glass, post-tension steel, reinforced steel, structural steel, wood structural elements. New projects must be accompanied by a current "environmental product declaration". There is a waiver for unavailable materials on a reasonable basis for that product. Also, another government agency can specify the materials to be used and waive the requirement but must report it to the Department 's Office of the State Architect

PART II is about ROAD, HIGHWAY, and BRIDGE PROJECTS: By 2025, the Department of Transportation will establish a policy, tracking and recording greenhouse gas emissions, using the National or International Database of Environmental Product Declarations resource related to road, highway and bridge projects. The products or eligible materials are asphalt and asphalt mixtures, cement, concrete and steel.

By January of 2027 and every 4 years, the Department of Transportation will review policy and make adjustments. There are also "environmental product" declaration demands for projects awarded in 2022 and 2024. In 2026 the Dept. will submit a report to the Legislature.

Background: "Great quantities of emissions are released during the manufacture and transport of products used in public construction projects. Colorado can improve environmental outcomes and accelerate necessary GHG reduction to protect public health, the environment and conserve a liveable climate by incorporating emissions information from throughout the supply chain and product life cycle into procurement decisions, and using that information help direct expenditure. It will acknowledge companies that have invested in emissions reduction technologies and will encourage other companies to take action and become more competitive in the bidding process." so says the bill.

This bill is a step toward accountability and will align with the "Build Back Better" green infrastructure being planned by the current administration. It aligns with building efficiency by establishing green building material databases and labels to decarbonize buildings. These policies will boost economic development, create high-quality, good paying jobs, and improve quality of life, especially for disproportionately exposed, frontline and vulnerable communities.

League recognizes this as a DEI bill as well as a bill that aligns with the LWV's climate change position due to the purpose of reducing the emissions that cause global warming.

 

 

StatusGovernor Signed (07/06/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning measures to limit the global warming potential for certain materials used in public projects, and, in connection therewith, making an appropriation.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (08/24/2021)
House SponsorsB. McLachlan (D)
T. Bernett (D)
Senate SponsorsC. Hansen (D)
House CommitteeEnergy and Environment
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: SB21-054
Title: Transfers For Wildfire Mitigation And Response
Position
Custom Summary
StatusGovernor Signed (03/21/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning transfers from the general fund to cash funds to be used to address wildland fires, and, in connection therewith, making an appropriation.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (08/03/2021)
House SponsorsJ. McCluskie (D)
Senate SponsorsB. Rankin (R)
C. Hansen (D)
House CommitteeAppropriations
Senate CommitteeAppropriations
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: SB21-125
Title: Alternate Proposals Air Quality Control Rulemaking
Position
Custom Summary

New and additional procedural rules are proposed by this bill. It makes the Air Quality Control Commission consider alternate proposals to rules that address air quality standards. This bill would silence opposition with environmental action through additional hurdles being set for regulatory agencies that need to protect the environmental interests of Colorado. This is a DEI bill that discourages public participation by its requirements. It ensures only those with legal counsel can participate. It inhibits the adoption of health and safety measures to improve Colorado's front range air quality that is rated "F". This bill is burdensome to the environmental justice communities that have little resources for litigation. The League supports diversity, equity and inclusion policies that help and allow disenfranchised communities to advocate for environmental justice with a level playing field.  Advocates with power and economic resources place a barrier for communities of color and in effect would block participation.

StatusSenate Committee on Transportation & Energy Postpone Indefinitely (04/01/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning the submission of alternate proposals to rules being considered by the air quality control commission.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (10/07/2021)
House Sponsors
Senate SponsorsJ. Cooke (R)
House Committee
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: SB21-170
Title: Wildland Fire Mitigation Cooperative Electric Association
Position
Custom Summary

The bill would basically create a cooperative electric association that would adopt a wildland fire protection plan. The cooperative electric association would be required to adopt a wildland fire protection plan. The plan would have information on a wide variety of issues including:

  • Areas where the association has power lines in high risk of wildland fires.
  • Standards on inspections and vegetation management around powerline facilities.
  • Procedures for de-energizing powerline facilities to mitigate potential wildland fires
  • Community outreach efforts during the wildland fire season and some other procedure requirements

The bill would allow the association to remove vegetation after weather or emergency situations. The association may also remove hazard vegetation that could potentially cause damage, disrupt service, become too close to a powerline facility. In addition, the association may also remove the vegetation after providing notice to the landowner. An association is not liable for personal injury, property damage, or fire suppression costs from a wildland fire if any of the following apply:

  • The association filed a wildland fire protection plan and

completed the activities described in it;

  • A landowner failed to control vegetation outside of a

powerline facility easement on the landowner's land;

  • The association requested and was denied access to

perform vegetation management in a right-of-way on land

owned by a local government, the state, a federal agency,

or a tribal agency; or

  • A landowner prevented the association from maintaining

its powerline facility easement or from removing hazard

vegetation outside the easement.

League's Stance: "Support measures to improve the coordination, effectiveness, and efficiency of governmental units within the state of Colorado and measures that promote integrated planning for environmental management, wise use of Colorado’s natural resources, comprehensive state- wide planning for land use, and a bal-anced transportation system."

League: Support

StatusSenate Committee on Transportation & Energy Postpone Indefinitely (04/06/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning standards applicable to cooperative electric association wildland fire mitigation, and, in connection therewith, requiring wildland fire protection plans, providing authority for vegetation management, and limiting cooperative electric association liability.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (07/22/2021)
House SponsorsM. Lynch (R)
Senate SponsorsJ. Ginal (D)
D. Hisey (R)
House Committee
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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Bill: SB21-200
Title: Reduce Greenhouse Gases Increase Environmental Justice
Position
Custom Summary

We support SB 200 as part of an interrelated approach using the best available science in combating climate change to protect public health and defend the overall integrity of the global ecosystem. 

This measure strengthens current law on greenhouse gas pollution by codifying the reduction targets in the GHG Pollution Reduction Roadmap and in considering the Social Cost of Carbon in AQCC rulemaking. 

The Social Cost of Carbon is not an aspirational goal; it is a measure expressed in dollars of the economic damage that results from failure to reduce GHG emissions.  The Social Cost of Carbon is a tool that informs policy decisions and helps compare policies. 

SB 200 creates an environmental justice advisory board and ombudsperson to assure outreach and communication to Disproportionately Impacted Communities.

Environmental justice considers systemic inequities in different communities, including exposures to pollutants resulting from processing and burning carbon-based fuels.

The League supports inclusion for success in policy-making by engaging individuals, households, and communities and supports social and economic justice for all American including health and safety. 

SB21 200 Furthers environmental protections by adopting measures to reduce emissions of greenhouse gases (GHG) and to protect disproportionately impacted communities

The Air Quality Control Commission is directed to:

Consider the social cost of GHG emissions

Require more stringent (than currently specified) GHG reductions

Direct wholesale generation and transmission electric cooperatives to file an energy plan that will achieve at least an 80% GHG reduction by 2030, or alternatively if no plan filed, achieve at least a 90% reduction by 2030.

Direct retail, wholesale and municipal electric utility and cooperative electric associations to reduce GHG emissions by 95% between 2035 and 2040 and 100% by 2040.

SB21 200 also

Adds GHG to definition of “regulated pollutant” and includes GHG in requirements for emission fees.  It also authorizes the AQCC to use these fees for outreach to and engagement with disproportionately impacted communities

Creates an environmental justice ombudsperson position and environmental justice advisory board in the department of public health and the environment

StatusSenate Second Reading Laid Over to 12/09/2021 - No Amendments (06/07/2021)
Hearing Date
Hearing Time
Hearing Room
DescriptionConcerning measures to further environmental protections, and, in connection therewith, adopting measures to reduce emissions of greenhouse gases and adopting protections for disproportionately impacted communities.
Full TextFull Text of Bill
Fiscal NotesFiscal Notes (08/25/2021)
House Sponsors
Senate SponsorsD. Moreno (D)
F. Winter (D)
House Committee
Senate CommitteeTransportation and Energy
VotesVotes all Legislators
LobbyistsLobbyists
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