May 2021 Climate Legislation Update
CEA thanks Colorado Coalition for a Livable Climate (CCLC) for providing the following legislative update.
Noteworthy New Bills
Other new bills below marked with a ✅
✅ HB21-1290 | Additional Funding For Just Transition | Concerning funding to provide just transition for coal transition workers and coal transition communities, and, in connection therewith, making an appropriation. SPONSORS: Reps Esgar/Will, Sens Fenberg/Rankin (bi-partisan both houses) STATUS: House Biz Affairs Hearing 05/06 1:30p
✅ HB21-1284 | Limit Fee Install Active Solar Energy System | Concerning modifications to the limitation on the aggregate amount of fees that may be assessed by governmental bodies for the installation of active solar energy systems, and, in connection therewith, extending the repeal date of the limitation. SPONSORS: Reps A Valdez/Van Winkle, Sens Hansen/Priola (bi-partisan in both houses) STATUS: House Transp & Local Govt Hearing TBD
✅ HB21-1286 | Energy Performance For Buildings | Concerning measures to improve energy efficiency, and, in connection therewith, requiring owners of large buildings to collect and report on energy-use benchmarking data and comply with performance standards related to energy and greenhouse gas emissions and modifying statutory requirements regarding energy performance contracts. SPONSORS: Reps Kipp/Valdez, Sens Priola/Petterson (bi-partisan in Senate) STATUS: House E&E Hearing 05/06 1:30p
✅ SB21-258 | Wildfire Risk Mitigation | Concerning the administration of state assistance programs to mitigate the risk of wildfire, and, in connection therewith, creating the wildfire mitigation capacity development fund and the hazard mitigation fund; transferring money into specially designed wildfire funds; and making an appropriation of $29.8M dollars! SPONSORS: Sens Ginal/Rankin, Reps Snyder/Hanks Status: Assigned to Senate Local Govt hearing TBD
✅ SB21-261 | Public Utilities Commission Encourage Renewable Energy Generation | Concerning measures to increase the deployment of renewable energy generation facilities to meet Colorado's energy needs, and, in connection therewith, raising the allowable capacity of customer-sited renewable energy generation facilities and giving customers additional options for increasing the scale and flexibility of new installations. SPONSORS: Fenberg STATUS: Senate T&E 05/13 ~10am
✅ SB21-264 | Adopt Programs Reduce Greenhouse Gas Emissions Utilities | (Replacement of SB21-161) Concerning the adoption of programs by gas utilities to reduce greenhouse gas emissions. SPONSORS: Sens Hansen/Coram (bi-partisan) STATUS: Assigned to Senate T&E Hearing TBD
✅ SB21-260 | Sustainability Of The Transportation System | Concerning the sustainability of the transportation system in Colorado, and, in connection therewith, creating new sources of dedicated funding and new state enterprises to preserve, improve, and expand existing transportation infrastructure, develop the modernized infrastructure needed to support the widespread adoption of electric motor vehicles, and mitigate environmental and health impacts of transportation system use; and expanding authority for regional transportation improvements. SPONSORS: Sens Fenberg/Winter/Priola, Reps Garnett/Gray STATUS: Senate Finance Hearing 05/10 1:30p
✅ HB21-1303 | Global Warming Potential For Public Project Materials | Concerning measures to limit the global warming potential for certain materials used in public projects. SPONSORS: Reps Bernett/McLachlan, Sen Hansen STATUS: Assigned to House E&E Hearing TBD
Utilities
HB21-1269 | Public Utilities Commission Study Of Community Choice Energy
Concerning an investigation by the public utilities commission to evaluate the parameters of an energy policy allowing communities in Colorado that are served by an investor-owned electric utility to choose alternative wholesale electricity suppliers. SPONSORS: Reps Hooton/Kipp, Sen Donovan Status: Full House Vote
A Fact Sheet, Presentation, and more can be found on the Energy Freedom Colorado website.
CEA Position: Support
SB21-072 | Public Utilities Commission Modernize Electric Transmission Infrastructure
Concerning the expansion of electric transmission facilities to enable Colorado to meet its clean energy goals, and, in connection therewith, creating the Colorado electric transmission authority, requiring transmission utilities to join regional transmission organizations, and allowing additional classes of transmission utilities to obtain revenue through the colocation of broadband facilities within their existing rights-of-way. SPONSORS: Sen. C. Hansen Rep. A. Valdez Status: Passed Senate, House E&E Hearing 04/29 1:30 pm
CEA Position: Oppose as written. CEA supports the coordination of transmission, as would happen with an RTO, but we view new transmission as a last resort. CEA has proposed two amendments to this bill: increase the review time for transmission proposals and require that they be compared to other more equitable and cost-effective solutions such as distributed generation, demand-side management (shifting loads, etc.) and existing transmission upgrades.
HB21-1052 | Define Pumped Hydroelectricity As Renewable Energy
Concerning the inclusion of pumped hydroelectric energy generation in the definition of "eligible energy resources" for purposes of meeting Colorado's renewable energy standard. SPONSORS: Rep. H. McKean Status: Passed House, on to Senate Ag
HB21-1131 | Cooperative Electric Associations Governance Requirements
Concerning governance requirements for cooperative electric associations. Supported by Sierra Club. SPONSORS: Rep Amabile Status: Passed House, on to Senate T&E
CEA Position: Support
SB21-108 | PUC Gas Utility Safety Inspection Authority
Concerning gas pipeline safety, and, in connection therewith, increasing and clarifying the rule-making and enforcement authority of the public utilities commission. SPONSORS: Story Status: Passed Senate T&E, on to Appropriations
CCLC Summary: this is a critical bill for inspecting gas gathering lines that move product via pipelines from well pads to processing stations and from processing stations to transmission. Thousands and thousands of miles of pipelines are not being inspected by the Feds, the PUC, or the COGCC—which only inspects flow lines on a well pad. As a result the volume of leaking methane is unknown.
CEA Position: Support, with the caveat that it would be more effective to consolidate this authority under one agency, such as the Air Pollution Control Division (APCD), which already has inspection capabilities.
GHGs Pollution
SB21-114 | Minimum Setback New Schools From Existing Oil And Gas
Concerning the establishment of a minimum setback requirement from existing oil and gas facilities for new public school building sites. SPONSORS: Sen Kirkmeyer Status: Failed on Senate Floor
CCLC Summary: This reverse setbacks (new buildings sited near existing O&G wells) bill attempts to overrule the CDPHE study showing public health harm within 2000’ and would allow local land use authority to locate schools as close as they want to existing wells. COGCC has ruled a hard 2000’ setback from schools for new O&G siting and while this bill references that standard, the local authority can override it. Further, it exempts plugged & abandoned wells (P&A) which are known to be sources of significant pollution from siting decisions and can contain hazardous buildups of methane and hazardous substances such as benzene. Finally, it attempts to institute state preemption over local land use decisions that are enshrined in the state constitution.
CEA Position: Oppose
SB21-125 | Alternate Proposals Air Quality Control Rulemaking
Concerning the submission of alternate proposals to rules being considered by the air quality control commission. SPONSORS: Cooke Status: Failed in Senate T&E
CCLC summary: Intended to stifle or prevent public participation. Requires hiring consultants and legal staff, hold public meetings and provide thorough economic impact analysis just to offer an alternate proposal to a rule. Written by dirty energy lawyers to prevent CCLC member orgs from offering improved approaches to a rule or rules.
CEA Position: Oppose
SB21-200 | Reduce Greenhouse Gases Increase Environmental Justice
Concerning measures to further environmental protections, and, in connection therewith, adopting measures to reduce emissions of greenhouse gases and adopting protections for disproportionately impacted communities. SPONSORS: Sens Winter/Moreno, Rep Jackson STATUS: Passed Senate T&E Amended, on to Finance
CEA Position: Support - While we feel that this bill doesn’t go far enough, it is still an important step to set specific requirements to start meeting the state’s GHG reduction goals.
HB21-1186 | Regional Transportation District Operation
Concerning relieving the regional transportation district of statutory restrictions related to the district's operations. SPONSORS: Reps Gray/Sullivan, Sens Winter/Bridges Status: Passed House, on to Senate T&E
HB21-1189 | Regulate Air Toxics
Concerning additional public health protections in relation to the emission of air toxics. SPONSORS: Reps Benavidez/A. Valdez, Sens Gonzales/Moreno Status: Passed House, on to Senate Finance
CCLC Summary: CCLC supported this bill last year. We need fence line monitoring of the 4 facilities this bill will address, each of which produce nearly 1 million tons per year of pollution. These are hazardous chemicals—specifically hydrogen cyanide, hydrogen sulfide, and benzene—that deserve to be closely monitored and have releases reported to the public. It holds polluters accountable for their emissions and sets a precedent for continuous air quality monitoring and reporting which, if passed, can be expanded to cover other facilities in the state that emit Hazardous Air Pollutants (HAPs)
CEA Position: Support
HB21-1205 | Electric Vehicle Road Usage Equalization Fee
Concerning a road usage equalization fee for plug-in electric motor vehicles. SPONSORS: Rep Pico Status: Failed in committee
CCLC Summary: This bill attempts to preempt the forthcoming transportation bill being readied by Senator Faith Winter, which will increase fees for both ICE vehicles and EVs. This bill forms a working group of CDOT/DOR people which is tasked to report back in 2022. The proceeds are for existing road maintenance only. This bill attempts to define parity in what ICE users pay for gas taxes which disincentives new EV purchases, and entirely ignores the fees paid to charge EVs. This is a punitive bill that targets only EVs, rather than targeting the transportation sector as a whole. This bill actually penalized EV buyers, because if it passes they will have to pay for both charging fees AND gas taxes, which will inhibit the HB1261 goal of 940,000 EVs in CO by 2030.
CEA Position: Oppose
SB21-149 | Wind Energy Facilities Sited Near Military Operations
Concerning limitations on the construction of wind energy facilities sited near military resources. SPONSORS: Gardner Status: Failed in committee
SB21-161 | Voluntary Reduce Greenhouse Gas Natural Gas Utility
Concerning adoption by the public utilities commission of programs for the voluntary reduction of greenhouse gas emissions by natural gas utilities. SPONSORS: Sens Hansen/Coram, Rep Arndt Status: Rewritten and introduced as SB21-264
SB21-163 | Cost-benefit Analysis For Rules Additional Requirements
Concerning additional requirements for a cost-benefit analysis performed in connection with a state agency's adoption of rules. | SPONSORS: Rankin Status: Failed in committee
CCLC Summary: The requirement to note negative impacts on Rest-of-State is a poison pill for statewide emissions reductions goals. This bill applies to PUC, CDPHE, and COGCC which hamstrings all of our regulatory bodies. It would be a better bill if it also had a requirement for benefits such as applying a social cost of carbon and/or public health consequences but it doesn’t—just negative impacts. It’s designed to prevent our ability to implement the requirements of 1261 by attempted to segregate the Front Range from the rest of the state.
CEA Position: Oppose
SB21-238 | Create Front Range Passenger Rail District
Concerning the front range passenger rail district, and, in connection therewith, creating the district for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining a passenger rail system and specifying the territory, governing structure, powers, and duties of the district. SPONSORS: Sens Garcia/Zenzinger, Reps Esgar/Gray STATUS: Hearing Senate T&E 04/27 2 pm
HB21-1230 | Create User-friendly State Internet Rules Portal
Concerning creation of a user-friendly state internet portal relating to state agency rules. SPONSORS: Reps Baisley/Titone, Sens Zenzinger/Woodward Status: Assigned to House State Affairs
HB21-1247 | Colorado Department Of Public Health And Environment Contract Pay To Grantees Up Front
Concerning allowing the department of public health and environment to award a percentage of the total value of an annual contract to a grantee of a grant program of the department upon the execution or renewal of the annual contract. SPONSORS: Reps Jackson/McKean
HB21-1253 | Renewable And Clean Energy Project Grants | Concerning 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. SPONSORS: Reps Froelich/Gray, Sens Winter/. SPONSORS: Reps Jackson/McKean
Built Environment
HB21-1034 | Consumer Right To Use Natural Gas Or Propane
Concerning a guarantee of customer choice in the use of gaseous fuels to produce thermal energy. SPONSORS: Rep. D. Woog Status: FAILED in Committee 7-5
CEA Position: Oppose
HB21-1238 | Public Utilities Commission Modernize Gas Utility Demand-side Management Standards
Concerning the modernization of gas energy efficiency programs. SPONSORS: Rep Bernett/Sen Hansen STATUS: House E&E Hearing 04/28 10:00 am for amendments and actions
CEA Position: Support. Also supported by CRES, CoCO, and Sierra Club
SB21-220 | Reverse Transfers From Severance Tax Operational Fund
Concerning the stabilization of revenue in the severance tax operational fund by returning money that was transferred to natural resources and energy grant programs. SPONSORS: Sens Hansen/Rankin, Rep Herod
SB21-230 | Transfer To Colorado Energy Office Energy Fund
Concerning a transfer of money from the general fund to the energy fund to finance programs of the Colorado energy office, and, in connection therewith, making an appropriation. SPONSORS: Sens Hansen/Winter, Reps A. Valdez/Bernett
SB21-246 | Electric Utility Promote Beneficial Electrification
Concerning measures to encourage beneficial electrification, and, in connection therewith, directing the public utilities commission and Colorado utilities to promote compliance with current environmental and labor standards. SPONSORS: Fenberg STATUS: Senate T&E Hearing TBD
Climate Impacts
SB21-180 | Recycling And Composting Enterprise Grant Program
Concerning a report to be submitted to the General Assembly by the Department of Public Health and Environment regarding post-consumer recycled content recommendations for packaging. SPONSORS: Sen Priola, Reps Bird/Titone Status: Passed Senate BL&T, on to Finance
HB21-1008 | Forest Health Project Financing
Concerning increased options for financing forest health projects, and, in connection therewith, financing wildfire mitigation treatments. SPONSORS: Reps Arndt/Catlin, Sens Cooke/Hansen Status: Passed, Signed by Governor
SB21-034 | Water Resource Financing Enterprise
Concerning the creation of an enterprise that is exempt from the requirements of section 20 of article X of the state constitution to administer a fee-based water resources financing program. SPONSORS: Sen Coram Status: Failed in committee
HB21-1141 | Electric Vehicle License Plate
Concerning the creation of a license plate for plug-in electric motor vehicles. SPONSORS: Hooton Status: Assigned to House E&E Hearing 04/07 10:00 am
HB21-1145 | Support Pollinator Special License Plate
Concerning the creation of a special license plate to support pollinators. SPONSORS: Reps Kipp/Soper, Sens Jacquez-Lewis/Simpson Status: Passed House E&E, on to Finance
HB21-1149 | Energy Sector Career Pathway In Higher Education
Concerning supporting an energy sector career pathway for Colorado. SPONSORS: Rep Jackson Status: Passed House E&E on to Appropriations
HB21-1156 | Fix Defects Related To Severance Withholdings
Concerning the correction of statutory defects related to severance tax withholdings from a disbursement to an oil and gas interest owner. SPONSORS: Reps Lynch/Pico, Sens Kirkmeyer/Zenzinger Status: Passed House, on to Senate Finance
HB21-1162 | Management Of Plastic Products
Concerning the management of plastic products. SPONSORS: Reps A Valdez/Cutter, Sen Gonzales Status: Passed House Finance, on to Appropriations
HB21-1180 | Measures To Increase Biomass Utilization
Concerning measures to increase biomass utilization throughout the state. SPONSORS: Reps D Valdez/Will, Sen Coram Status: Passed House, Assigned to Senate Ag
HB21-1181 | Agricultural Soil Health Program
Concerning the creation of a voluntary soil health program. SPONSORS: Reps McCormick/Will, Sen Simpson. Status: Passed House Ag, on to Appropriations
HB21-1186 | Regional Transportation District Operation
Concerning relieving the regional transportation district of statutory restrictions related to the district's operations. SPONSORS: Reps Gray/Sullivan, Sens Winter/Bridges Status: Amended on House floor, back to committee
HB21-1199 | Consumer Digital Repair Bill Of Rights
Concerning a requirement that a manufacturer of digital electronic equipment facilitate the repair of the equipment by providing persons other than authorized repair providers affiliated with the manufacturer with the resources needed to repair the equipment. SPOSORS: Rep Titone Status: Failed in committee
CEA Position: Support
HB21-1208 | Natural Disaster Mitigation Enterprise
Concerning the creation of an enterprise that is exempt from the requirements of section 20 of article X of the state constitution to administer a fee-based natural disaster mitigation grant program. SPONSORS: Reps Cutter/Gray, Sens Priola/Winter Status: Passed House E&E, on to Finance
HB21-1242 | Create Agricultural Drought And Climate Resilience Office
Concerning the creation of an agricultural drought and climate resilience office in the department of agriculture. | SPONSORS: Rep Arndt/Sen Donovan | Status: House Finance Hearing 04/19 1:30 pm
HB21-1246 | PERA Public Employees' Retirement Association Divestment From Fossil Fuel Companies
Concerning divestment action by the public employees' retirement association against companies financially involved with fossil fuel companies. SPONSORS: Rep Sirota/Sen Jaquez-Lewis Status: Postponed Indefinitely by Sponsor
CCLC Summary: CCLC has endorsed this position previously, and has supported 350Colorado in its drafting. We cannot end fossil fuels extraction without starving it of the funds it needs to continue its Ponzi scheme. Public employees do not deserve to have their retirement benefits suffer from poor investment in a dying industry. 350Colorado Fact Sheet here. For a glimpse at the problem, see here.
CEA Position: Support
HB21-1266 | Environmental Justice Disproportionate Impacted Community
Concerning efforts to redress the effects of environmental injustice on disproportionately impacted communities. SPONSORS: Rep Jackson, Sens Winter/Buckner STATUS: Hearing House E&E 04/22 1:30p
HB21-1274 | Unused State-owned Real Property Beneficial Use
Concerning the beneficial use of unused state-owned real property, and, in connection therewith, directing the department of personnel to inventory such property and use such property to promote affordable housing and renewable energy development. SPONSORS: Titone STATUS: House BLT Hearing TBD
SB21-221 | Projects Under Wildfire Risk Mitigation Grant Program
Concerning projects under the forest restoration and wildfire risk mitigation grant program. SPONSORS: Sens Hansen/Rankin, Rep McClusckie STATUS: House 3rd Reading, laid over daily
SB21-234 | General Fund Transfer Agriculture And Drought Resiliency
Concerning creation of the agriculture and drought resiliency fund, and, in connection therewith, transferring money from the general fund to the fund and making an appropriation. SPONSORS: Sens Jaquez-Lewis/Sonnenberg, Reps Cutter/Holtorf STATUS: Senate Ag Hearing 04/28 ~10am
SB21-235 | Stimulus Funding Department Of Agriculture Efficiency Programs
Concerning additional funding for programs of the department of agriculture to support increased efficiency in agricultural operations, and, in connection therewith, making an appropriation. SPONSORS: Sen Jaquez-Lewis, Reps Bernett/McCormick STATUS: Senate Ag Hearing 04/21 ~10am
