HB 24-1338

  • Colorado House Bill
  • 2024 Regular Session
  • Introduced in House Apr 23, 2024
  • Passed House Apr 22, 2024
  • Passed Senate May 08, 2024
  • Signed by Governor May 28, 2024

Cumulative Impacts & Environmental Justice

Abstract

House Bill 21-1266, enacted in 2021, authorized the creation of the environmental justice action task force to develop recommendations for measures to achieve environmental justice in the state. The task force completed its work and published a final report on November 14, 2022, which report included a recommendation for the development of environmental equity and cumulative impact analyses (EECIA) in the state. Section 2 of the bill creates the office of environmental justice (office) in the department of public health and environment (CDPHE) and section 1 requires the office to oversee a process to develop at least 2 EECIAs for specific geographic locations in the state. Once an EECIA is developed, various state agencies will be able to rely on the EECIA in conducting cumulative impact analyses regarding potentially polluting activities. The office must choose as locations for the EECIAs communities that are disproportionately impacted communities, with priority given to communities that have a heightened potential for widespread human exposure to environmental contaminants. After selecting a location for an EECIA, CDPHE must contract with an academic institution or other third party to develop an EECIA. In developing an EECIA, the applicable contractor must perform a scientifically rigorous analysis that includes most of the recommendations made by the environmental justice action task force. Within 9 months after completing the first EECIA, the department shall prepare a report regarding the EECIA, including identifying any recommendations or resources needed for implementing the findings of the EECIA. The department shall submit the report to certain legislative committees. Section 3 makes a technical change regarding the assessment of civil penalties for air quality law violations. On or after January 1, 2026, section 4 authorizes the elected officials of a city, town, county, or city and county (local governing body) to request that the air quality control commission (commission) impose limits on any new or increased operational emissions of certain health-related air pollutants that would affect individuals located in the geographic region governed by the local governing body. To obtain approval of such a request, the local governing body must demonstrate to the commission's satisfaction that: The geographic region over which the local governing body has jurisdiction is cumulatively impacted by pollution; and An agency of the local government governed by the local governing body has a process to review exemption requests from the limits on any new or increased operational emissions. An approved request for limits expires after 5 years and the local governing body must renew its request to further continue the limits. The commission may rescind its approval of the limits if the commission determines that the local governing body is not complying with its own processes regarding the limits. On or before January 1, 2025, the division of administration (division) in CDPHE is required under section 5 4 to hire a petroleum refinery regulation expert to examine whether a specific petroleum refinery rule should be adopted by the commission and examine other regulatory or nonregulatory measures performed. Section 5 4 requires a petroleum refinery in the state to comply with certain monitoring requirements to provide real-time emissions monitoring data to the division. Section 5 4 also requires the division to establish a rapid response inspection team to respond quickly to air quality complaints received. Once the team is established, the team is required to develop processes and best practices for quickly responding to such complaints , and to engage in outreach to communities regarding events and conditions that lead to excess air pollution emissions in communities, and track and report on the division's website the number of complaints filed and the formal action, if any, taken on each complaint. Section 6 appropriates $1,180,087 to CDPHE from the general fund for implementation of the bill. Of the amount appropriated: $310,449 is reappropriated to the department of law to provide legal services to CDPHE; and Up to $959,301, if not expended before July 1, 2025, is further appropriated to the division through the 2028-29 state fiscal year for implementation of the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Bill Sponsors (3)

Votes


Actions


May 28, 2024

Office of the Governor

Governor Signed

May 15, 2024

Office of the Governor

Sent to the Governor

Senate

Signed by the President of the Senate

House

Signed by the Speaker of the House

May 08, 2024

Senate

Senate Third Reading Passed - No Amendments

May 07, 2024

Senate

Senate Second Reading Special Order - Passed - No Amendments

May 06, 2024

Senate

Senate Second Reading Special Order - Laid Over to 05/07/2024 - No Amendments

Senate

Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  • Committee-Passage
  • Referral-Committee
Appropriations Senate Committee of the Whole

Apr 24, 2024

Senate

Senate Committee on Transportation & Energy Refer Unamended to Appropriations

  • Referral-Committee
Appropriations Transportation & Energy

Apr 23, 2024

Senate

Introduced In Senate - Assigned to Transportation & Energy

  • Introduction
Transportation & Energy

Apr 22, 2024

House

House Third Reading Passed - No Amendments

Apr 20, 2024

House

House Second Reading Special Order - Passed with Amendments - Committee, Floor

Apr 19, 2024

House

House Committee on Appropriations Refer Amended to House Committee of the Whole

  • Committee-Passage
  • Referral-Committee
House Committee of the Whole Appropriations

Mar 21, 2024

House

House Committee on Energy & Environment Refer Amended to Appropriations

  • Referral-Committee
Appropriations

Feb 26, 2024

House

Introduced In House - Assigned to Energy & Environment

  • Introduction
Energy & Environment

Bill Text

Bill Text Versions Format
Signed Act (05/28/2024) PDF
Final Act (05/15/2024) PDF
Rerevised (05/08/2024) PDF
Revised (05/07/2024) PDF
Reengrossed (04/22/2024) PDF
Engrossed (04/20/2024) PDF
Introduced (02/26/2024) PDF
PA2 (04/19/2024) PDF
PA1 (03/22/2024) PDF
Committee Amendment PDF

Related Documents

Document Format
Fiscal Note SA1 (04/18/2024) PDF
Fiscal Note SA2 (05/05/2024) PDF
Fiscal Note FN1 (02/29/2024) PDF
Fiscal Note FN2 (04/23/2024) PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the Colorado General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.