C.R.S. § 25-7-105 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-105
25-7-105. Duties of commission - technical secretary - rules - report - legislative declar
Status: repealed

25-7-105. Duties of commission - technical secretary - rules - report - legislative declaration - definitions - repeal. (1) Except as provided in sections 25-7-130 and 25-7-131, the commission shall promulgate rules that are consistent with the legislative declaration set forth in section 25-7-102 and necessary for the proper implementation and administration of this article 7, including:

(a) (I) A comprehensive state implementation plan which will assure attainment and maintenance of national ambient air quality standards and which will prevent significant deterioration of air quality, all in conformity with the provisions of this article. The comprehensive plan shall meet all requirements of the federal act and shall be revised whenever necessary or appropriate.

(II) The comprehensive state implementation plan of the commission shall, wherever feasible, include local or regional air pollution plans and programs adopted or enforceable by municipal or county governments. Before making any changes to those portions of the state implementation plan which include such air pollution plans and programs or to such plans and programs which are suggested for inclusion in the state implementation plan, the commission shall give thirty days' notice of the proposed changes to the affected municipal or county government to allow a reasonable opportunity to prepare comments on the proposed changes. The commission shall consider such comments in its action on the state implementation plan and shall document in the record of the hearing its reasons for any changes to such plans and programs. Any such plans and programs which are approved by the commission and formally submitted as a part of the state implementation plan shall be deemed a part of the comprehensive program of the commission and shall be enforced as such.

(III) The revisions to the Denver element of the PM-10 state implementation plan adopted by the commission on February 16, 1995, which contain a sixty tons-per-day PM-10 mobile source emissions budget which expires January 1, 1998, and reverts to a forty-four tons-per-day budget, are amended to provide that such forty-four tons-per-day reversion shall not be a part of the state implementation plan and shall only apply as a regulation adopted exclusively under reserved state authority pursuant to the provisions of section 25-7-105.1. The sixty tons-per-day emissions budget shall, unless modified by the commission through rule-making, apply for federal transportation conformity and is included in the state implementation plan only as required by the federal act. Any entity with authority to adopt a transportation plan required under section 43-1-1103, C.R.S., shall consider any mobile source emissions budgets in effect under this article in the development of transportation improvement programs for federal purposes.

(IV) Notwithstanding the provisions of section 25-7-133, the expiration of the state implementation plan for ozone maintenance and related rules of the air quality control commission, and the amendments to commission regulations numbers 3 and 7, which state implementation plan and rules, and amendments to regulations numbers 3 and 7, were adopted or amended by the commission on March 21, 1996, and which are therefore scheduled for expiration May 15, 1997, is postponed until December 31, 2005.

(b) Emission control regulations in conformity with section 25-7-109;

(c) A prevention of significant deterioration program in conformity with part 2 of this article and federal requirements; except that definitions used in the program shall not differ from any definitions pertaining to the prevention of significant deterioration program which appear in section 169 of the federal act or in federal regulations promulgated thereunder, and an attainment program in conformity with part 3 of this article;

(d) A satisfactory process of consultation with general purpose local governments and any federal land manager having authority over federal land to which the state implementation plan applies, effective with respect to measures adopted after August 7, 1978, pertaining to transportation controls, air quality maintenance plan requirements, preconstruction review of stationary sources of air pollution, or any measure referred to in the prevention of significant deterioration program established pursuant to part 2 of this article or the attainment program established pursuant to part 3 of this article, or granting delayed compliance orders pursuant to section 25-7-118;

(d.5) Additional permitting requirements for sources that affect disproportionately impacted communities in conformity with section 25-7-114.4 (5);

(e) (I) Statewide greenhouse gas pollution abatement. As the commission adopts rules pursuant to this subsection (1)(e), it shall pursue near-term reductions in greenhouse gas emissions as part of the effort to reduce total cumulative emissions over time.

(II) Consistent with section 25-7-102 (2)(g), the commission shall timely promulgate implementing rules and regulations. The implementing rules may take into account other relevant laws and rules, as well as voluntary actions taken by local communities and the private sector, to enhance efficiency and cost-effectiveness and shall be revised as necessary over time to ensure timely progress toward the 2025, 2030, 2035, 2040, 2045, and 2050 goals. The implementing rules must provide for ongoing tracking of emission sources that adversely affect disproportionately impacted communities and are subject to rules implemented pursuant to this subsection (1)(e) and must include strategies designed to achieve reductions in harmful air pollution affecting those communities.

(III) The commission will identify and engage with disproportionately impacted communities as specified in section 24-4-109.

(IV) The division, at the direction of the commission, shall solicit input from other state agencies, stakeholders, and the public on the advantages of different statewide greenhouse gas pollution mitigation measures, specifically soliciting input from those most impacted by climate change, including disproportionately impacted communities; large emission sources; workers in relevant industries, including advanced energy and fuel delivery; and communities that are currently economically dependent on industries with high levels of greenhouse gas emissions.

(V) The implementing rules and policies may include, in addition to renewable energy development strategies, regulatory strategies that have been deployed by another jurisdiction to reduce multi-sector greenhouse gas emissions, that facilitate adoption of technologies that have very low or zero emissions, and that enhance cost-effectiveness, compliance flexibility, and transparency around compliance costs, among other regulatory strategies. The commission may coordinate with other jurisdictions in securing emission reductions, including in satisfying future federal regulations. The commission may account for reductions in net greenhouse gas emissions that occur under coordinated jurisdictions' programs if the commission finds that the implementing regulations of each coordinated jurisdiction are of sufficient rigor to ensure the integrity of the reductions in greenhouse gas emissions to the atmosphere and may account for carbon dioxide that electricity consumption in this state causes to be emitted elsewhere.

(VI) In carrying out its responsibilities under this subsection (1)(e), the commission shall consider: The benefits of compliance, including health, environmental, and air quality; the costs of compliance; economic and job impacts and opportunities; the time necessary for compliance; the relative contribution of each source or source category to statewide greenhouse gas pollution based on current data updated at reasonable intervals as determined by the commission; harmonizing emission reporting requirements with existing federal requirements, where the commission deems appropriate; the importance of striving to equitably distribute the benefits of compliance, opportunities to incentivize renewable energy resources and pollution abatement opportunities in disproportionately impacted communities, opportunities to encourage clean energy in transitioning communities; issues related to the beneficial use of electricity to reduce greenhouse gas emissions; whether program design could enhance the reliability of electric service; the potential to enhance the resilience of Colorado's communities and natural resources to climate impacts; and whether greater or more cost-effective emission reductions are available through program design.

(VII) Notwithstanding section 24-1-136 (11)(a)(I), the division, at the direction of the commission, shall report to the general assembly every odd-numbered year after May 30, 2019, regarding: Progress toward the goals set forth in section 25-7-102 (2)(g); any newly available, final cost-benefit or regulatory analysis, developed under section 24-4-103 (2.5) or (4.5), for rules adopted to attain the goals; recommendations on future commission rules or policies to reduce greenhouse gas emissions sufficient to achieve the goals set forth in section 25-7-102 (2)(g); and any recommendations on future legislative action to address climate change, including implementation of climate adaptation policies or accelerating deployment of cleaner technologies. The division shall make its proposed report available for public review prior to presentation to the general assembly. Beginning with the report in 2023, if the report indicates that emission reductions required by subsections (1)(e)(XII) and (1)(e)(XIII) of this section are not being met, the division shall develop and propose additional requirements to the commission, no later than six months from the submission of the report to the general assembly, which requirements must address any shortfall between the emission reductions achieved and the emission reductions necessary to meet the requirements of subsections (1)(e)(XII) and (1)(e)(XIII) of this section. In even-numbered years when a report is not made pursuant to this subsection (1)(e)(VII), the division shall provide an update to the commission on progress toward the emission reduction requirements in subsections (1)(e)(XII) and (1)(e)(XIII) of this section based on annual data reported to the division.

(VIII) (A) In carrying out its responsibilities under this subsection (1)(e), the commission shall consult with the public utilities commission, including on issues of cost of electricity, reliability of electric service, technology developments in electricity production, and beneficial electrification, and keep a record of its consultation.

(B) The general assembly hereby finds, determines, and declares that it is beneficial to encourage the development of clean energy plans that will require greenhouse gas emissions caused by Colorado retail electricity sales to decrease eighty percent by 2030 relative to 2005 levels to provide for the cost-effective and proactive deployment of clean energy resources.

(C) In designing, implementing, and enforcing programs and requirements under this subsection (1)(e), the commission and the division shall take into consideration any clean energy plan at the public utilities commission that, as filed, will achieve at least an eighty percent reduction in greenhouse gas emissions caused by the utility's Colorado retail electricity sales by 2030 relative to 2005 levels, as verified by the division. When including public utilities in its programs or requirements under this subsection (1)(e), the commission shall not mandate that a public utility reduce greenhouse gas emissions caused by the utility's Colorado retail electricity sales by 2030 more than is required under such an approved clean energy plan or impose any direct, nonadministrative cost on the public utility directly associated with quantities of greenhouse gas emissions caused by the utility's Colorado retail electricity sales that remain after the reductions required by such a clean energy plan through 2030 if those reductions are achieved and the division has verified that the approved clean energy plan will achieve at least a seventy-five percent reduction in greenhouse gas emissions caused by the utility's Colorado retail electricity sales by 2030 relative to 2005 levels. This subsection (1)(e)(VIII)(C) applies to any clean energy plan that is voluntarily submitted or is required to be submitted pursuant to law.

(D) Implementing rules developed by the commission must not include any requirements dictating the mix of electric generating resources that any public utility shall use to meet applicable pollution limits.

(E) Implementing rules developed by the commission must consider issues relating to joint ownership of electric generating resources as between multiple parties and the extent to which the public utility is relying on power purchased from third parties in meeting its obligations under such a clean energy plan.

(F) A clean energy plan voluntarily filed by a cooperative electric association that has voted to exempt itself from regulation by the public utilities commission pursuant to article 9.5 of title 40 or by a municipal utility shall be deemed approved by the public utilities commission as filed if: The division, in consultation with the public utilities commission, publicly verifies that the plan demonstrates that, by 2030, the cooperative electric association or municipal utility will achieve at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales relative to 2005 levels; and the clean energy plan has previously been approved by a vote of the entity's governing body. Voluntary submission of a clean energy plan by a cooperative electric association or municipal utility does not alter the entity's regulatory status with respect to the public utilities commission, including under article 9.5 of title 40.

(G) The commission is encouraged to pursue programs and policies that are consistent with this subsection (1)(e)(VIII) and that incentivize voluntary additional near-term greenhouse gas reductions from electric utilities with the aim of reducing greenhouse gas emissions from electric utilities by at least forty-eight percent by 2025 and eighty percent by 2030, including emissions associated with imported electricity, as compared to a 2005 baseline and accelerating near-term reductions in greenhouse gas emissions to increase cumulative reductions from electric utilities. Nothing in this subsection (1)(e)(VIII)(G) limits the authority of the public utilities commission.

(H) In verifying clean energy plans or a wholesale generation and transmission cooperative electric resource plan submitted in accordance with subsection (1)(e)(VIII)(I) of this section, the division shall prevent double counting of emission reductions among utilities and shall consider electricity generated by renewable energy resources as having zero greenhouse gas emissions only if: The electricity is accompanied by any associated renewable energy credit, and the renewable energy credit is retired on behalf of the utility's customers in the year generated; or the electricity is generated by retail distributed generation, as defined in sections 40-2-124 (1)(a)(VIII), 40-2-127 (2)(b)(I)(A) and (2)(b)(I)(B), and 40-2-127.5 (2)(a)(I) and (2)(a)(II), and the retail customer retains the renewable energy credit as part of a voluntary renewable energy program.

(I) Each wholesale generation and transmission electric cooperative shall file with the public utilities commission and the division an electric resource plan that will achieve at least an eighty percent reduction of greenhouse gas emissions associated with the cooperative's sales of electricity to customers within Colorado by 2030, relative to 2005 levels.

(J) An electric utility that is not a qualifying retail utility as defined in section 40-2-125.5 (2)(c)(I) that is required to submit a clean energy plan or a wholesale generation and transmission cooperative that is required to file an electric resource plan pursuant to this subsection (1)(e) shall provide written notice to the division of intent to file a clean energy plan by August 1, 2021. An investor-owned utility that has not already filed a clean energy plan and that indicates an intent to file a clean energy plan shall file a clean energy plan with the public utilities commission with its next resource plan filing. The division shall verify emission reductions as part of the public utilities commission proceeding that reviews the resource plan. A utility other than an investor-owned utility or a wholesale generation and transmission cooperative utility that provided written notice of intent to file a voluntary clean energy plan pursuant to this subsection (1)(e)(VIII)(J) shall provide all information the division deems necessary to evaluate and verify the emission reductions claimed as part of a clean energy plan no later than December 31, 2021. The division shall, in consultation with the public utilities commission, fully evaluate and verify the clean energy plan. The utility must submit the verified clean energy plan to the public utilities commission in accordance with section 40-2-125.5 (5)(g)(I) no later than July 1, 2022. The division may approve alternate data submission and filing deadlines, to be no later than December 31, 2023, upon reviewing information supplied by a utility in conjunction with the utility's written intention to file if the emission reduction calculations are dependent on decisions of another utility subject to resource planning requirements of the public utilities commission.

(VIII.1) This subsection (1)(e)(VIII.1) applies to any clean energy plan submitted to the division on or after July 1, 2023, and does not apply to a clean energy plan submitted by a qualifying retail utility pursuant to section 40-2-125.5 (4)(a) prior to July 1, 2023. Any entity required to submit a clean energy plan pursuant to this section shall base the calculations of the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on:

(A) The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail customers; and

(B) The greenhouse gas emissions from each resource that generates electricity and is owned in whole or in part by the entity if the greenhouse gas emissions from that resource are not otherwise required to be included in any other entity's clean energy plan or a plan submitted pursuant to subsection (1)(e)(VIII)(I) of this section.

(VIII.2) As used in this subsection (1)(e)(VIII.2), "independently determined" means that, in verifying a clean energy plan, the division makes independent judgment of the emissions impact of the clean energy plan based on the information presented to the division by the applicable entity, the public utilities commission, and any stakeholders. This subsection (1)(e)(VIII.2) applies to verification by the division of any clean energy plan submitted to the division on or after July 1, 2023. In verifying a clean energy plan, the division shall, in consultation with the public utilities commission, independently confirm the accuracy of any data supplied by an entity that has adopted a clean energy plan. The division, in consultation with the public utilities commission, shall not verify a clean energy plan pursuant to this section unless it has independently determined that the data used to verify the clean energy plan is accurate and consistent with the clean energy plan adopted by the entity's governing body. In making this independent determination, the division is not required to conduct its own modeling. Prior to verifying a clean energy plan, the division shall:

(A) Subject to section 25-7-111 (4), make publicly available a copy of the clean energy plan, any draft verification workbooks associated with the clean energy plan, and any other materials the division relies upon in making its proposed verification of the clean energy plan;

(B) Unless the clean energy plan is submitted by a utility that has its resource planning process regulated by the public utilities commission, including a clean energy plan submitted by a qualifying retail utility pursuant to section 40-2-125.5 (4)(a): Hold at least one stakeholder meeting regarding the proposed verification of the clean energy plan; accept written comments from the public on the proposed verification of the clean energy plan; and draft and make publicly available a written response to any written comments;

(C) In consultation with the public utilities commission, independently verify that the entity has provided an accurate calculation of the entity's 2005 baseline greenhouse gas emissions or independently calculate the entity's 2005 baseline greenhouse gas emissions; and

(D) In consultation with the public utilities commission, independently verify that the entity has provided a reasonably accurate estimate of the entity's 2027 and 2030 greenhouse gas emissions or independently calculate the entity's 2027 and 2030 greenhouse gas emissions.

(VIII.3) (A) No later than June 1, 2028, the division shall make the following calculation and determination for each entity, including a wholesale power marketer, as defined in subsection (1)(e)(VIII.7)(A) of this section, that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the public utilities commission: Calculate the percentage of reduction in greenhouse gas emissions caused by each entity's Colorado electricity sales that the entity has achieved by December 31, 2027, relative to 2005 levels; and determine whether the entity has, by December 31, 2027, contracted for, acquired, or commenced construction of the resources identified in the entity's clean energy plan necessary to achieve at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels. The division shall promptly inform each entity that has submitted a clean energy plan of its final calculations and determination and make the final calculations and determinations for each entity publicly available.

(B) Prior to making the calculations and determinations required by subsections (1)(e)(VIII.3)(A) and (1)(e)(VIII.3)(D) of this section, the division shall: Subject to section 25-7-111 (4), make the calculations and determinations and any data that the division relied on to make the determinations and calculations publicly available; hold at least one stakeholder meeting regarding the calculations and determinations; accept written comments from the public regarding the calculations and determinations; and draft and make publicly available a written response to any written comments.

(C) If the division determines that the entity has not contracted for, acquired, or commenced construction of the resources described in subsection (1)(e)(VIII.3)(A) of this section by December 31, 2027, no later than December 31, 2028, the entity shall submit a report to the division identifying a specific mix of supply-side and demand-side resources that the entity has procured or is in the process of procuring to enable the entity to achieve at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels.

(D) No later than April 30, 2029, if a report was submitted in accordance with subsection (1)(e)(VIII.3)(C) of this section, the division shall review the report and make a determination whether the entity has contracted for, acquired, or commenced construction of a sufficient mix of supply-side and demand-side resources to enable the entity to achieve at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels. The division shall promptly inform each entity that has submitted a clean energy plan of its determination and make the final determination for each entity publicly available.

(E) If the entity does not submit the report required pursuant to subsection (1)(e)(VIII.3)(C) of this section on or before December 31, 2028, or if the division determines from the report that the entity has not contracted for, acquired, or commenced construction of a sufficient mix of supply-side and demand-side resources to enable the entity to achieve at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels: The commission shall adopt rules that limit the greenhouse gas emissions by the generating resources that supply electricity to the entity to ensure that the entity achieves at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels; and the division shall amend any operating permits for sources of greenhouse gas emissions as necessary to ensure that the entity achieves at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels.

(F) The commission and division shall take all actions required pursuant to this subsection (1)(e)(VIII.3) no later than December 31, 2029.

(VIII.4) (A) This subsection (1)(e)(VIII.4) applies to all entities that are not otherwise required to submit a clean energy plan pursuant to this section or to submit a plan pursuant to subsection (1)(e)(VIII)(I) of this section.

(B) Notwithstanding subsection (1)(e)(VIII.5)(A) of this section, if a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than three hundred thousand megawatt-hours, the utility shall submit a clean energy plan to the division for verification in consultation with the public utilities commission.

(C) The owner of an electric generating unit that has a nameplate capacity equal to or larger than fifty megawatts and emits greenhouse gases directly into the atmosphere shall submit a clean energy plan to the division that covers all greenhouse gas emissions from the electric generating unit that are not otherwise required to be included in the clean energy plan of any entity or a plan submitted pursuant to subsection (1)(e)(VIII)(I) of this section that receives electricity from the electric generating unit.

(D) Any entity that is required to submit a clean energy plan pursuant to this subsection (1)(e)(VIII.4) shall submit a clean energy plan: To the division no later than December 31, 2024; and to the public utilities commission no later than December 31, 2025. The division, in consultation with the public utilities commission, shall verify that a clean energy plan submitted to the division pursuant to this subsection (1)(e)(VIII.4)(D) meets the requirements of this section and any other applicable requirements no later than September 1, 2025. Any clean energy plan submitted to the division pursuant to this subsection (1)(e)(VIII.4)(D) is deemed approved by the public utilities commission as submitted if the division, in consultation with the public utilities commission, has verified that the clean energy plan complies with the applicable requirements of this section.

(VIII.5) (A) This subsection (1)(e)(VIII.5)(A) and subsections (1)(e)(VIII.5)(B) and (1)(e)(VIII.5)(C) of this section apply only to an electric utility that serves at least fifty thousand Colorado retail customers and obtains less than eighty percent of the load necessary to serve Colorado retail customers from an electric utility that has filed a clean energy plan and owns or plans to invest in, in whole or in part, an electric generating unit with a nameplate capacity larger than fifty megawatts that directly emits greenhouse gases into the atmosphere, including generating units that burn oil, gas, or coal. The requirements of subsections (1)(e)(VIII.5)(B) and (1)(e)(VIII.5)(C) of this section become applicable if an electric utility satisfies the criteria specified in this subsection (1)(e)(VIII.5)(A) upon leaving a provider who has filed a clean energy plan. The electric utility shall provide notice of intent to file a clean energy plan to the division within six months after becoming subject to this subsection (1)(e)(VIII.5). The electric utility shall file a clean energy plan pursuant to subsection (1)(e)(VIII) of this section within one year after becoming subject to this subsection (1)(e)(VIII.5).

(B) If an electric utility does not provide written notice of intent to file a clean energy plan with the division or does not submit a clean energy plan after expressing written intent to file a plan, the commission shall, within fifteen months after the electric utility's failure to provide written notice or submit a plan, adopt a rule to reduce greenhouse gas emissions caused by the electric utility's Colorado retail electricity sales of at least forty-eight percent by 2025 and eighty percent by 2030, including emissions associated with imported electricity, as compared to a 2005 baseline. The commission shall design the rules to accelerate near-term reductions in greenhouse gas emissions in order to reduce total cumulative emissions between the date of adoption and 2030.

(C) Clean energy plan filings must include projected emissions for each calendar year through 2030 to inform the statewide greenhouse gas planning process. The division shall evaluate the reported emissions and supplemental information in an electric utility's annual greenhouse gas reporting data submission made pursuant to the commission's rules to determine whether an electric utility is progressing consistent with the annual emissions projected by the plan and remains on track to achieve the reductions of the clean energy plan by 2030. If the division determines that the electric utility is not progressing as planned, the electric utility's annual greenhouse gas emissions exceed annual emissions projected as part of an approved clean energy plan for two consecutive years, or the electric utility's annual greenhouse gas emission reductions are not on track to achieve at least an eighty percent reduction below 2005 levels in greenhouse gas emissions by 2030, the division shall include this information in the next greenhouse gas progress briefing to the commission and the commission shall, within nine months after receiving the briefing from the division, adopt rules that require an updated clean energy plan to be filed that demonstrates achievement of the 2030 targets and the cumulative emission reductions that were projected in the initial clean energy plan. The updated clean energy plan, once verified by the division, becomes the operative plan for purposes of subsection (1)(e)(VIII) of this section regarding the commission's regulatory requirements.

(D) Notwithstanding subsections (1)(e)(VIII.5)(A) to (1)(e)(VIII.5)(C) of this section, a qualifying retail utility with a clean energy plan that has been approved and verified in accordance with section 40-2-125.5 and subsection (1)(e)(VIII)(C) of this section and a wholesale generation and transmission cooperative with an electric resource plan that has been filed in accordance with subsection (1)(e)(VIII)(I) of this section and that has been approved are not subject to subsections (1)(e)(VIII.5)(A) to (1)(e)(VIII.5)(C) of this section. Progress of emission reductions for an electric utility that is an investor-owned retail utility with a clean energy plan that has been approved and verified in accordance with section 40-2-125.5 and subsection (1)(e)(VIII)(C) of this section or a wholesale generation and transmission cooperative with an electric resource plan that has been filed in accordance with subsection (1)(e)(VIII)(I) of this section and that has been approved shall be assessed through the recurring resource planning process at the public utilities commission.

(E) Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf if the designated entity agrees to submit a clean energy plan on its behalf. In this case, the designated entity shall submit a clean energy plan that meets all of the requirements that apply to the entity and its clean energy plan, including all of the substantive and procedural requirements and the applicable deadlines for submitting the clean energy plan to the division and the public utilities commission. Two or more entities required under this section to submit a clean energy plan may submit a joint clean energy plan if the joint clean energy plan meets all of the requirements that apply to each of the entities and their respective clean energy plans, including all of the substantive and procedural requirements and the applicable deadlines for submitting the clean energy plans to the division and the public utilities commission. If an entity intends to designate another entity to submit a clean energy plan on its behalf, or if two or more entities intend to submit a joint clean energy plan, the entity or entities shall notify the division of their intent prior to the applicable deadline to submit the clean energy plan to the division.

(F) No later than October 1, 2024, the division shall submit a report to the general assembly that: Identifies all electric utilities that serve retail electricity customers in the state; identifies which electric utilities have submitted a clean energy plan or a plan submitted in accordance with subsection (1)(e)(VIII)(I) of this section with the division, including the verification status of each clean energy plan or plan submitted in accordance with subsection (1)(e)(VIII)(I) of this section, have not submitted a clean energy plan to the division but are required by this section to submit a clean energy plan to the division, or are not required by this section to submit a clean energy plan; calculates the percentage of retail electricity sales in the state from January 1, 2022, to December 31, 2022, that are covered by a clean energy plan or plan submitted in accordance with subsection (1)(e)(VIII)(I) of this section that has been submitted to the division or is required to be submitted to the division but has not been submitted to the division; identifies all greenhouse gas emissions from a power plant unit with a nameplate capacity equal to or larger than fifty megawatts that are not included in a clean energy plan that has been verified and approved by the division, that are not included in a clean energy plan that is required to be submitted to the division but has not been submitted, or that are not covered by any clean energy plan; and presents a map of all electricity generation resources responsible for greenhouse gas emissions in the state that is overlaid on top of the territories of each utility and disproportionately impacted communities.

(G) No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets, including energy imbalance markets, extended day-ahead markets, independent system operators, and regional transmission organizations, for the purposes of monitoring progress and compliance with clean energy plans that have been verified by the division. The guidance must address, at a minimum, appropriate platforms or platform capabilities to host greenhouse gas emissions data in a transparent and efficient manner for ease of access to the data for utilities, energy customers, and the public. In adopting the guidance, the division shall consult with the public utilities commission.

(H) No later than March 31, 2026, any entity required to submit a clean energy plan or a plan pursuant to subsection (1)(e)(VIII)(I) of this section to the division may inform the division in writing of any challenges the entity is encountering or expects to encounter in achieving at least an eighty percent reduction of greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels. If an entity informs the division of any challenges in achieving the greenhouse gas emissions reduction percentage, the division, in coordination with the Colorado energy office created in section 24-38.5-101 (1), shall hold at least one public stakeholder meeting in 2026 to discuss the challenges raised by the entity and strategies for the entity to achieve the greenhouse gas emissions reduction percentage. If, after the public stakeholder meeting, an entity informs the division in writing that the entity is still encountering or expects to encounter challenges in achieving the greenhouse gas emissions reduction percentage, no later than December 31, 2026, the division shall submit a concise report to the general assembly summarizing the challenges the entity is encountering or expects to encounter and describing any potential solutions to the challenges. This subsection (1)(e)(VIII.5)(H) is repealed, effective July 1, 2027.

(VIII.6) (A) As used in this subsection (1)(e)(VIII.6), "cooperative retail electric utility" means any retail electric utility that, as of January 1, 2021, was a member of a wholesale generation and transmission cooperative that has either indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan or plan in accordance with subsection (1)(e)(VIII)(I) of this section and that either: Provided or provides a nonconditional notice that it is withdrawing from the wholesale generation and transmission cooperative after January 1, 2021; or, after January 1, 2021, obtains more than five percent of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative provider.

(B) A cooperative retail electric utility shall submit a clean energy plan to the division no later than twenty-four months after ceasing to be a member of a wholesale generation and transmission cooperative or no later than twenty-four months after the date that an applicable partial requirements contract, as described in subsection (1)(e)(VIII.6)(A) of this section, begins. If a cooperative retail electric utility enters into an applicable partial requirements contract before terminating its membership in a wholesale generation and transmission cooperative, the cooperative retail electric utility shall submit its clean energy plan within twenty-four months after ceasing to be a member of the wholesale generation and transmission cooperative.

(C) In the case of a cooperative retail electric utility that has provided or provides a nonconditional notice that it is withdrawing from a wholesale generation and transmission cooperative, no later than twelve months after the cooperative retail electric utility is required to submit a clean energy plan to the division pursuant to this subsection (1)(e)(VIII.6), the division, in consultation with the public utilities commission, shall verify that the clean energy plan demonstrates that the cooperative retail electric utility will meet the requirements of subsection (1)(e)(VIII.9) of this section and that the cooperative retail electric utility will achieve at least an eighty percent reduction in greenhouse gas emissions caused by the utility's Colorado electricity sales by 2030 relative to 2005 levels.

(D) In the case of a cooperative retail electric utility that has entered a partial requirements contract, as described in subsection (1)(e)(VIII.6)(A) of this section, no later than twelve months after the cooperative retail electric utility is required to submit a clean energy plan to the division pursuant to this subsection (1)(e)(VIII.6), the division, in consultation with the public utilities commission, shall verify that the clean energy plan demonstrates that the cooperative retail electric utility will meet the requirements of subsection (1)(e)(VIII.9) of this section and that the cooperative retail electric utility will achieve at least an eighty percent reduction in greenhouse gas emissions caused by the utility's Colorado electricity sales by 2030 relative to 2005 levels. The cooperative retail electric utility shall calculate its 2005 baseline emissions for a clean energy plan required pursuant to this subsection (1)(e)(VIII.6) by the percentage of the utility's sales that it self-supplies under its partial requirements contract.

(E) A cooperative retail electric utility shall submit a clean energy plan to the public utilities commission no later than twelve months after the deadline to submit the clean energy plan to the division. Any clean energy plan submitted to the division pursuant to this subsection (1)(e)(VIII.6) is deemed approved by the public utilities commission as submitted if the division, in consultation with the public utilities commission, has verified that the clean energy plan complies with the applicable requirements of this section.

(F) Submission of a clean energy plan by a cooperative retail electric utility pursuant to this subsection (1)(e)(VIII.6) does not alter the cooperative retail electric utility's regulatory status with respect to the public utilities commission.

(G) Upon the request of a cooperative retail electric utility, a wholesale power marketer, as defined in subsection (1)(e)(VIII.7)(A) of this section, public utility, or owner of an electric generating resource that supplies electricity to the cooperative retail electric utility shall provide any emissions data in its possession relating to the cooperative retail electric utility that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. In complying with this subsection (1)(e)(VIII.6)(G), a person may withhold any proprietary or confidential information or trade secrets.

(VIII.7) (A) As used in this subsection (1)(e)(VIII.7), "wholesale power marketer" means an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies three hundred thousand megawatt-hours or more of electricity to entities in the state annually. "Wholesale power marketer" does not include a wholesale generation and transmission cooperative, a retail electric utility, a federal power marketing administration, an independent power producer, any entity for which all of its greenhouse gas emissions are included in another entity's clean energy plan or plan pursuant to subsection (1)(e)(VIII)(I) of this section, any entity that supplies capacity or energy to electric utilities located in the state solely through an organized market that electric utilities in the state can participate in, and any entity that is required by another provision of this section to file a clean energy plan or has voluntarily filed a clean energy plan.

(B) A wholesale power marketer shall submit a clean energy plan to the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility located in the state or has contracted to sell, provide, arrange, or contract for the delivery of capacity or energy to a retail electric utility located in the state; and the greenhouse gas emissions associated with the operations described in this subsection (1)(e)(VIII.7)(B) are not otherwise required to be included in another entity's clean energy plan or a plan submitted pursuant to subsection (1)(e)(VIII)(I) of this section.

(C) The division shall, in consultation with the public utilities commission, verify that the wholesale power marketer's clean energy plan: Meets the requirements of subsection (1)(e)(VIII.9) of this section and achieves at least an eighty percent reduction in greenhouse gas emissions caused by the wholesale power marketer's Colorado electricity sales by 2030 relative to 2005 levels; and addresses all greenhouse gas emissions associated with the operations described in subsection (1)(e)(VIII.7)(B) of this section.

(D) A wholesale power marketer shall submit a clean energy plan: With the division no later than one year after becoming subject to the requirements of this subsection (1)(e)(VIII.7); and with the public utilities commission no later than one year after the date that the wholesale power marketer must submit the clean energy plan with the division. The division, in consultation with the public utilities commission, shall verify the clean energy plan within nine months after the date that the wholesale power marketer must submit the clean energy plan with the division.

(E) If a wholesale power marketer does not submit a clean energy plan to the division by the deadline to submit a clean energy plan to the division pursuant to subsection (1)(e)(VIII.7)(D) of this section, no later than two years after the deadline to submit a clean energy plan to the division pursuant to subsection (1)(e)(VIII.7)(D) of this section, the commission shall adopt rules that reduce the greenhouse gas emissions by the wholesale power marketer to ensure that the wholesale power marketer meets the requirements of subsection (1)(e)(VIII.9) of this section and achieves at least an eighty percent reduction in greenhouse gas emissions caused by the wholesale power marketer's Colorado electricity sales by 2030 relative to 2005 levels.

(F) Submission of a clean energy plan by a wholesale power marketer pursuant to this subsection (1)(e)(VIII.7) does not alter the wholesale power marketer's regulatory status with respect to the public utilities commission.

(G) A wholesale power marketer that supplies electricity to any entity shall, upon the request of the entity, provide any emissions data in its possession relating to the entity that is necessary for the entity to develop and submit a clean energy plan to the division. In complying with this subsection (1)(e)(VIII.7)(G), a person may withhold any proprietary or confidential information or trade secrets. If the wholesale power marketer does not possess the emissions data, the entity shall disclose in its clean energy plan that the entity does not possess the emissions data and shall not be penalized for the unavailability of the emissions data. If the emissions data is unavailable, the entity filing the clean energy plan shall make a reasonable estimate of emissions.

(VIII.8) (A) As used in this subsection (1)(e)(VIII.8), "new electric utility" means any new electric utility, of any type, that is incorporated, created, or otherwise formed on or after July 1, 2023, that serves retail customers in the state and sells three hundred thousand megawatt-hours or more of electricity in its first year of operation.

(B) A new electric utility shall submit a clean energy plan: With the division no later than two years after the date that the new electric utility is incorporated, created, or otherwise formed; and with the public utilities commission no later than one year after the date that the new electric utility must submit the clean energy plan with the division. The division, in consultation with the public utilities commission, shall, no later than nine months after the date that the new electric utility must submit the clean energy plan with the division, verify that the clean energy plan demonstrates that the new electric utility will meet the requirements of subsection (1)(e)(VIII.9) of this section and that the new electric utility will achieve at least an eighty percent reduction in greenhouse gas emissions caused by the utility's Colorado electricity sales by 2030 relative to the new electric utility's annual greenhouse gas emissions during its first year of operations.

(C) If the new electric utility does not submit a clean energy plan to the division no later than two years after being incorporated, created, or otherwise formed, the commission, within three years after the new electric utility is incorporated, created, or otherwise formed, shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility: Meets the requirements of subsection (1)(e)(VIII.9) of this section; and achieves at least an eighty percent reduction in greenhouse gas emissions caused by the new electric utility's Colorado electricity sales by 2030 relative to the new electric utility's annual greenhouse gas emissions during its first year of operations.

(VIII.9) (A) In addition to meeting the clean energy targets described in section 40-2-125.5 (3), any clean energy plan or any plan submitted pursuant to subsection (1)(e)(VIII)(I) of this section that is submitted to the division on or after January 1, 2024, must achieve at least a forty-six percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels, if the achievement of the forty-six percent reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost to the entity of no more than two and one-half percent of the entity's total system costs.

(B) Subsections (1)(e)(VIII.9)(C) and (1)(e)(VIII.9)(D) of this section apply to any entity that, before January 1, 2024, submits a clean energy plan or a plan pursuant to subsection (1)(e)(VIII)(I) of this section to the division and the verification workbook for the plan projects that the plan will not achieve the reduction in greenhouse gas emissions described in subsection (1)(e)(VIII.9)(A) of this section.

(C) Any entity described in subsection (1)(e)(VIII.9)(B) of this section is encouraged to achieve the reduction in greenhouse gas emissions described in subsection (1)(e)(VIII.9)(A) of this section. As a part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity described in subsection (1)(e)(VIII.9)(B) of this section shall model: At least one portfolio that achieves the reduction in greenhouse gas emissions described in subsection (1)(e)(VIII.9)(A) of this section and achieves at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels; and at least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and achieves at least an eighty percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2030 relative to 2005 levels. The entity's governing body shall consider these two portfolios as part of the electric resource planning process.

(D) To assist entities that have submitted a clean energy plan or a plan pursuant to subsection (1)(e)(VIII)(I) of this section to cost-effectively maximize reduction in greenhouse gas emissions as part of the electric resource planning process and to otherwise accelerate greenhouse gas emissions reductions, at the request of an entity that has submitted a clean energy plan or a plan submitted pursuant to subsection (1)(e)(VIII)(I) of this section that has been verified by the division in consultation with the public utilities commission, the Colorado energy office, created in section 24-38.5-101 (1), shall provide the entity with information regarding federal funding opportunities for accelerating reductions in greenhouse gas emissions.

(IX) (A) In addressing greenhouse gas emissions from an energy-intensive, trade-exposed manufacturing source, the commission shall require the source to execute an energy and emission control audit, according to criteria established by the commission, of the source's operations every five years through at least 2035. A qualified third party, as determined by the commission, shall conduct the audit and submit the results to the commission. If the commission determines that the source currently employs best available emission control technologies for greenhouse gas emissions and best available energy efficiency practices, the commission shall not impose a direct nonadministrative cost on the source directly associated with at least ninety-five percent of the source's greenhouse gas emissions attributable to manufacturing a good in this state for a period of five years, if the source's emissions are not greater than the emissions associated with use of the best available emission control technologies as determined by the commission. The commission shall consider how program design as relevant to those sources can further mitigate the cost of reducing emissions for such manufacturers while providing an incentive to improve efficiency and reduce emissions. Specifically, the commission shall design the program as relevant to those sources such that as the sources are subject to emission reduction requirements, those sources will have, under the program, a pathway to obtain equivalent lower-cost emission reductions at other regulated sources to satisfy their compliance obligations.

(B) As used in this subsection (1)(e)(IX), "energy-intensive, trade-exposed manufacturing source" means an entity that principally manufactures iron, steel, aluminum, pulp, paper, or cement and that is engaged in the manufacture of goods through one or more emissions-intensive, trade-exposed processes, as determined by the commission.

(X) Nothing in this subsection (1)(e) diminishes the existing authority of the commission or the division. Nothing in this subsection (1)(e) alters the regulatory exemptions provided in section 25-7-109 (8)(a). Nothing authorized in this subsection (1)(e), including the assignment of emission reduction obligations or emission authorizations and excluding program development and administrative costs, implicates state fiscal year spending as defined in section 24-77-102. Nothing in this subsection (1)(e) alters any requirement to prepare a cost-benefit analysis under section 24-4-103 (2.5) or any requirement to issue a regulatory analysis under section 24-4-103 (4.5). Nothing in this subsection (1)(e) diminishes the authority of the public utilities commission under the public utilities law, including sections 40-3-101 and 40-3-102.

(X.4) No later than September 1, 2022, the commission shall propose rules establishing recovered methane protocols, as that term is defined in section 40-3.2-108 (2)(p), for at least inactive coal mines, biomethane, as that term is defined in section 40-3.2-108 (2)(a), and gas system leaks, and a crediting and tracking system for recovered methane, as that term is defined in section 40-3.2-108 (2)(n). The commission shall adopt the rules no later than February 1, 2023. The rule-making proceeding is subject to the procedural requirements of this subsection (1)(e).

(X.7) In designing greenhouse gas emission reduction rules that apply to gas distribution utilities with clean heat plans approved by the public utilities commission, the commission shall harmonize its regulatory requirements with the activities contemplated under an approved clean heat plan. In adopting any additional emission reduction requirements on gas distribution utilities subject to a clean heat plan different from the requirements of an approved clean heat plan, the commission shall:

(A) Consult with the public utilities commission regarding the emission reductions under any approved clean heat plan, the clean heat targets, and the cost-effectiveness of any additional emission reduction requirements and their impact on customer costs; and

(B) Design rules to maximize cost-effectiveness of additional emission reduction requirements to protect low-income customers.

(X.8) (A) The definitions in section 40-3.2-108 (2) apply to this subsection (1)(e)(X.8) and subsection (1)(e)(X.7) of this section.

(B) A municipal gas distribution utility shall implement a clean heat plan program. The purpose of a clean heat plan is to reduce carbon dioxide and methane emissions to meet the state's greenhouse gas pollution reduction goals in section 25-7-102 (2)(g). The clean heat plan must include a projection of the utility's greenhouse gas emissions through 2050.

(C) A municipal gas distribution utility shall submit its clean heat plan to the division no later than August 1, 2023, for the division to verify that the plan demonstrates that, by 2025, the utility will achieve at least a four percent total reduction in greenhouse gas emissions caused by the utility's retail gas sales below 2015 levels, of which not more than one percent can come from recovered methane. The utility may propose a cost cap of two percent of total annual revenue from full-service gas customers in achieving the 2025 target. The plan submitted to the division must also show that, by 2030, the utility will achieve at least a twenty-two percent reduction in greenhouse gas emissions caused by the utility's retail gas sales below 2015 levels by 2030, of which not more than five percent can be from recovered methane. The utility may propose a cost cap of two and one-half percent of total annual revenue from full-service gas customers in achieving the 2030 target. If the division's calculations show that a clean heat plan submitted by a municipal gas distribution utility does not achieve the relevant clean heat targets, the utility shall revise its plan to strive to maximize emission reductions without exceeding the cost cap.

(D) The utility shall provide to the division an annual report of carbon dioxide emissions associated with customer end-uses and, separately, methane emissions associated with the utility's distribution system.

(XI) As used in this subsection (1)(e):

(A) "Cost-effective" or "cost-effectiveness" means the cost per unit of reduced emissions of greenhouse gases expressed as carbon dioxide equivalent.

(B) "Greenhouse gas" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent.

(B.5) "Industrial and manufacturing sector" means energy combustion and energy use by industry, including: Combustion from coal, diesel, gasoline, heat, liquified petroleum gas, natural gas, refinery feedstocks, and residual fuel oil; and industrial processes, including cement manufacture, electric transmission and distribution equipment, iron and steel production, lime manufacture, limestone and dolomite use, ozone depleting substances substitutes, semiconductor manufacture, soda ash, and urea consumption. The term does not include oil and gas exploration, production, processing, transmission, and storage operations other than energy combustion emissions that are included in the industrial and manufacturing sector.

(C) "Retail electricity sales" means electric energy sold to retail end-use electric consumers.

(XII) No later than January 1, 2022, the commission shall adopt, and the division shall begin implementing, comprehensive rules that will reduce statewide greenhouse gas emissions from oil and gas exploration, production, processing, transmission, and storage operations in the state below the 2005 baseline established for the oil and gas emissions covered by the "oil and gas fugitive emissions" category in the initial inventory developed by the division pursuant to section 25-7-140 (2)(a)(II), taking into account subsections (1)(e)(II) to (1)(e)(VI) of this section, by at least thirty-six percent by 2025 and sixty percent by 2030. The commission shall design the rules to prioritize near-term reductions in greenhouse gas emissions. The rules must include:

(A) Protections for disproportionately impacted communities, achieving reduction of greenhouse gases and co-pollutants; and

(B) More robust monitoring, leak detection, and repair requirements, reporting, and record-keeping requirements to ensure that the division can accurately quantify greenhouse gas emissions during all operating conditions, including equipment malfunctions; and

(C) Additional direct emission reduction controls.

(XIII) In implementing this subsection (1)(e), the commission shall adopt rules to reduce statewide greenhouse gas emissions from the industrial and manufacturing sector in the state by at least twenty percent by 2030 below the 2015 baseline established pursuant to section 25-7-140 (2)(a)(II), taking into account the factors set out in subsections (1)(e)(II) to (1)(e)(VI) of this section. The rules must include protections for disproportionately impacted communities and prioritize emission reductions that will reduce emissions of co-pollutants that adversely affect disproportionately impacted communities, be designed to accelerate near-term reductions, and secure meaningful emission reductions from this sector to be realized beginning no later than September 30, 2024. The rules must:

(A) Be consistent with the requirements of subsection (1)(e)(IX) of this section; and

(B) Require a five percent reduction in the greenhouse gas emissions associated with energy-intensive, trade-exposed manufacturing sources that currently employ best available emission control technologies for greenhouse gas emissions and best available energy efficiency practices, as determined by the commission, pursuant to subsection (1)(e)(IX)(A) of this section.

(f) (I) Definitions. The definitions in subsection (1)(e)(XI) of this section apply to this subsection (1)(f). As used in this subsection (1)(f), unless the context requires otherwise:

(A) "GHG credit" means a tradeable compliance instrument in a physical or electronic format, the use of which is authorized pursuant to a regulatory program adopted by the commission that represents the reduction of one metric ton of carbon dioxide equivalent of greenhouse gas by a regulated source.

(B) "Regulated source" means a source of greenhouse gas that is subject to a rule adopted by the commission under subsection (1)(e) of this section that imposes specific and quantifiable greenhouse gas reduction obligations upon that source or group of sources.

(C) "Trading program" means a commission-adopted regulatory program that allows for regulated sources to meet their greenhouse gas compliance obligations under subsection (1)(e) of this section through the creation, purchase, acquisition, or exchange of, or other commercial-type transaction involving, a GHG credit with other regulated sources.

(II) Greenhouse gas accounting system. Except as specified in subsection (1)(f)(III) of this section, before the commission adopts a rule or program that provides for the use of a trading program, the commission shall adopt a rule that directs the division to create a comprehensive and centralized accounting system to track emissions from, at a minimum, all regulated sources in the state covered by or that may otherwise participate in that trading program, which system must:

(A) Enable the division and the public to track emission reductions, trades, and other transactions by sources utilizing GHG credits or otherwise participating in a trading program, and to track any transactions that take place consistent with the requirements set forth in this subsection (1)(f), including all rules promulgated pursuant to this subsection (1)(f);

(B) Enable the division to prevent double counting of greenhouse gas emission reductions; and

(C) Identify regulated sources that adversely affect disproportionately impacted communities through their emissions of locally harmful air pollutants.

(III) The commission may adopt a trading program among regulated sources as necessary to timely implement subsection (1)(e)(IX) of this section if that program:

(A) Is ultimately integrated into the comprehensive and centralized accounting system developed pursuant to subsection (1)(f)(II) of this section;

(B) Enables the division to track the emissions of, and emission reductions, trades, and other transactions by, all regulated sources participating in the trading program;

(C) Enables the division to prevent double counting of greenhouse gas emission reductions; and

(D) Identifies regulated sources that adversely affect disproportionately impacted communities through their emissions of locally harmful air pollutants.

(g) With regard to the changes made in 2021 by House Bill 21-1266:

(I) Nothing:

(A) Alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing; or

(B) Detracts from the air quality control commission's existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

(II) The changes add to, but do not otherwise alter, the air quality control commission's authority and obligation to publish and promulgate rules pursuant to this section and sections 25-7-102 (2)(g) and 25-7-140.

(2) The commission shall provide forms of application and shall receive all such applications for review of the classification of any attainment, nonattainment, or unclassifiable area within the state made pursuant to section 25-7-106 (1) or 25-7-107 (2), all applications for designation or redesignation made pursuant to section 25-7-208, and all applications for any revision of general application of the state implementation plan and shall set such applications for hearing and determination by the commission in accordance with the provisions of section 25-7-119.

(3) The commission shall employ a technical secretary and shall delegate to the secretary the duties and responsibilities as it may deem necessary; except that, notwithstanding section 24-1-105, no authority shall be delegated to the secretary to adopt, promulgate, amend, or repeal standards or rules, or to make determinations, or to issue or countermand orders of the commission. The secretary must have appropriate practical, educational, and administrative experience related to air pollution control and must be employed pursuant to the state personnel system laws. The technical secretary is a type 1 entity, as defined in section 24-1-105.

(4) (a) The commission and the state board of health shall hold a joint public hearing during the month of October of each year in order to hear public comment on air pollution problems within the state, alleged sources of air pollution within the state, and the availability of practical remedies therefor; and at such hearing the technical secretary shall answer reasonable questions from the public concerning administration and enforcement of the various provisions of this article, as well as rules and regulations promulgated under the authority of this article.

(b) On or before September 30, 1993, the commission shall publish and revise from time to time thereafter, as is necessary, a regulatory agenda which includes its schedule for future rule-making and its schedule for implementing section 25-7-109.3 and other air quality programs.

(5) Prior to the hearing required under subsection (4) of this section, the commission shall prepare and make available to the public a report, which shall contain the following specific information:

(a) A description of the pollution problem in each of the polluted areas of the state, described separately for each such area;

(b) To the extent possible, the identification of the sources of air pollution in each separate area of the state, such as motor vehicles, industrial sources, and power-generating facilities;

(c) A list of all alleged violations of emission control regulations showing the status of control procedures in effect with respect to each such alleged violation; and

(d) Stationary industrial sources permitting information as follows:

(I) The total number of permits issued;

(II) The total number of hours billed for permitting;

(III) The average number of hours billed per permit; and

(IV) The number of general permits issued.

(6) and (7) Repealed.

(8) (Deleted by amendment, L. 92, p. 1170, § 7, effective July 1, 1992.)

(9) The commission shall adopt exhaust emissions standards for motor vehicles purchased for state use and shall assist the executive director of the department of personnel in determining those vehicles which meet or exceed such standards.

(10) The commission shall promulgate such rules and regulations as are necessary to implement the provisions of part 5 of this article concerning asbestos control.

(11) The commission shall promulgate rules concerning CFC and ozone-depleting compounds as follows:

(a) Regulations requiring the recycling or reuse of any refrigerant containing CFC which is removed from the refrigeration system of a retail store, cold storage warehouse, or commercial or industrial building by any person who installs, services, repairs, or disposes of such system as a result of service to or disposal of such system;

(b) Regulations prohibiting the intentional venting or disposal of any refrigerant containing CFC by the owner or operator of a retail store, cold storage warehouse, or commercial or industrial building and requiring the recycling or reuse of such refrigerant;

(c) Regulations requiring the use of approved motor vehicle refrigerant recycling equipment during the repair or servicing of a motor vehicle air conditioner, requiring that such repair or servicing be done by a person certified in accordance with federal regulations, and including requirements for reclamation of refrigerants during the disposal of a vehicle;

(d) Repealed.

(e) Regulations which establish requirements for recycling;

(f) Regulations which conform with the requirements of section 608 of the federal "Clean Air Act Amendments of 1990" to establish standards and requirements regarding the use and disposal of class I and class II ozone depleting compounds during the service, repair, or disposal of appliances and industrial process refrigeration. If federal training and certification requirements are adopted under section 609 of the federal "Clean Air Act Amendments of 1990" as of January 1, 1993, no state training and certification requirements shall be adopted. If the federal regulations are not adopted, then such state regulations shall contain training and certification requirements substantially similar to those required under section 609 of the federal "Clean Air Act Amendments of 1990". Such regulations shall also include provisions for the imposition and collection of a certification fee sufficient to implement the training, certification, and enforcement requirements of this paragraph (f).

(g) Repealed.

(h) Rules that are necessary for the imposition and collection of a fee for registering as stationary sources refrigeration systems and other appliances that contain a minimum of one hundred pounds or use a drive system of one hundred horsepower or more and use ozone-depleting compounds. The fee set by the commission shall reflect the direct and indirect costs of registering refrigeration systems and appliances; however, such fee shall not exceed seventy-five dollars per unit and shall not exceed a maximum of three hundred dollars per facility.

(12) The commission shall promulgate such rules and regulations as are necessary to implement the provisions of the emission notice and construction permit programs and the minimum elements of a permit program provided in Title V of the federal act.

(13) (a) The commission shall promulgate rules and regulations requiring motor vehicles which have manufacturer-installed diagnostic systems for emission controls to have such diagnostic systems inspected and maintained consistent with section 202 of the federal act as part of the periodic inspection of vehicle emission control systems required pursuant to this article.

(b) This subsection (13) shall take effect July 1, 1994.

(14) The commission shall repeal the clean vehicle fleet program mandated by section 246 of the federal act and shall replace such program if required by federal law.

(15) The commission shall promulgate rules and regulations as are necessary to provide an emission reduction incentive permit fee credit program which provides for a permit fee reduction in the year following the year in which a permittee achieves an early reduction in emissions of hazardous air pollutants, consistent with the provisions of section 112 of the federal act and section 25-7-114.3.

(16) The commission shall give priority to and take expeditious action upon consideration of the following:

(a) A request by a unit of local government to investigate and resolve air quality problems associated with a source;

(b) A request by a unit of local government for inclusion of a locally developed air pollution control measure in a state implementation plan;

(c) A request by a unit of local government that the commission consider local concerns respecting environmental and economic effects in the context of a proceeding where the state is targeting a source for imposition of additional air pollution controls.

(17) (a) Not later than December 31, 2002, and no less frequently than every five years thereafter, the commission shall conduct rule-making hearings to approve an update to the emission inventories from state and federal public land management agency activities on public lands resulting in emissions of any criteria pollutant, including surrogates or precursors for that pollutant, that affect any mandatory class I federal areas in Colorado by reducing visibility in such areas. At a minimum, such inventories shall report on emissions from the sources set forth in paragraph (d) of this subsection (17).

(b) The commission shall ensure that the division prepares inventories for all state land management agencies with jurisdiction over state lands, including, without limitation, the state land board, the department of agriculture, and the department of natural resources, to provide an inventory of emissions from land management activities that are sources of pollutant emissions that may affect any mandatory class I federal area in Colorado by reducing visibility in such areas; except that the commission shall exempt from the inventory requirement any sources or categories of sources that it determines to be of minor significance.

(c) The commission shall use the emission inventories provided under this subsection (17) to develop control strategies for reducing emissions within the state as a component of the visibility long-term strategies for inclusion in the state implementation plan and for inclusion in any environmental impact statement or environmental assessment required to be performed under the federal "National Environmental Policy Act of 1969", 42 U.S.C. secs. 4321 to 4347.

(d) The rule-making hearing held to approve the inventories provided under this subsection (17) shall require public participation and shall require the reporting of both current emissions and projected future emissions, over at least a five-year period, from the following sources on public land that affect any mandatory class I federal areas in Colorado:

(I) Stationary source emissions, based on existing air pollution emission notices filed with the division;

(II) Mobile sources utilizing state lands, excluding state and federal highways;

(III) Paved and unpaved roads;

(IV) Fires on public lands from all sources;

(V) Biogenic sources, including emissions from flora and fauna.

(e) Each inventory provided under this subsection (17) shall state the basis and methodology used to accumulate the data and shall be based upon data that are:

(I) Developed no later than three years prior to the submittal; and

(II) No more than five years old.

(18) Upon petition by any person or on its own motion, for good cause shown, the commission may determine that the emission inventory of any criteria pollutant, including a surrogate or precursor for that pollutant, for a region of the state is inadequate for purposes of commission rule-making or adjudications in connection with development of the state implementation plan, selection of pollution control strategies, attribution of emissions to sources or categories of sources, or findings of adverse impacts. If, after conducting a public hearing in accordance with the rule-making provisions of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., the commission finds that the emission inventory should be revised to take into consideration existing credible studies or scientific data in order to reasonably attribute emissions to source categories, it shall direct that such revision be performed prior to a final rule-making or adjudication.

(19) The commission may coordinate with the United States secretary of the interior and the United States secretary of agriculture to develop air quality management plans consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712.

(20) The commission may, within existing resources:

(a) Analyze a range of residential, commercial, and industrial biomass equipment for air emissions standards;

(b) Identify biomass equipment that meets the emissions standards; and

(c) Publicly post a statement of the parameters for equipment fueled by biomass that is smaller than one million British thermal units, as defined in section 8-20-201 (1.3), C.R.S., per hour and include a list of biomass equipment that meets the emissions standards.
C.R.S. § 25-7-1202 — CO Code / Title 25 / Article 7 / Part 12 / Section 25-7-1202
25-7-1202. Definitions
Status: in_force

25-7-1202. Definitions. The definitions contained in section 25-7-103 shall apply to this part 12. In addition, the following definitions shall apply to this part 12:

(1) "Actual emissions" means the average amount of emissions, calculated in tons per year, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate actual emissions if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.

(2) "Actual emission rate" means the average rate of emissions, calculated in pounds per million BTU or a comparable measure of the mass of emissions per unit of production, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate the actual emission rate if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.
C.R.S. § 25-1.5-112 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-112
25-1.5-112. Colorado suicide prevention plan - established - goals - responsibilities - fund
Status: in_force

25-1.5-112. Colorado suicide prevention plan - established - goals - responsibilities - funding - definition. (1) The Colorado suicide prevention plan, referred to in this section as the "Colorado plan", is created in the office of suicide prevention within the department. The goal and purpose of the Colorado plan is to reduce suicide rates and numbers in Colorado through system-level implementation of the Colorado plan in criminal justice and health-care systems, including mental and behavioral health systems, and to mitigate the after-effects of suicide attempts and suicide deaths.

(2) The suicide prevention commission, together with the office of suicide prevention, the behavioral health administration in the department of human services, the department, and the department of health care policy and financing, is strongly encouraged to collaborate with criminal justice and health-care systems, mental and behavioral health systems, primary care providers, physical and mental health clinics in educational institutions, behavioral health safety net providers, advocacy groups, emergency medical services professionals and responders, public and private insurers, hospital chaplains, and faith-based organizations to develop and implement:

(a) A plan to improve training to identify indicators of suicidal thoughts and behavior across criminal justice and health-care systems;

(b) A plan to improve training on:

(I) The provisions of the emergency procedures for a seventy-two-hour mental health hold pursuant to section 27-65-105, C.R.S.;

(I.5) Comprehensive suicide prevention, as that term is defined in subsection (7) of this section, for first and last responders, health-care providers, K-12 educators and students, and follow-up care for suicide attempt survivors treated in emergency departments;

(II) The provisions of the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended; and

(III) Other relevant patient privacy procedures; and

(c) Professional development resources and training opportunities regarding indicators of suicidal thoughts and behavior, risk assessment, management, and the after-effects of suicide attempts and suicide deaths, as developed in collaboration with the department of regulatory agencies, the department of corrections, and health-care and mental health professional boards and associations.

(3) As a demonstration of their commitment to patient safety, criminal justice and health-care systems, including mental and behavioral health systems, primary care providers, and hospitals throughout the state, are encouraged to contribute to and implement the Colorado plan.

(4) The following systems and organizations are encouraged to contribute to and implement the Colorado plan on or before July 1, 2019:

(a) Community mental health centers;

(b) Hospitals;

(c) The state crisis services system;

(d) Emergency medical services professionals and responders;

(e) Regional health and behavioral health systems;

(f) Substance use disorder treatment systems;

(g) Physical and mental health clinics in educational institutions;

(h) Criminal justice systems; and

(i) Advocacy groups, hospital chaplains, and faith-based organizations.

(5) The office of suicide prevention shall include a summary of the Colorado plan in a report submitted to the behavioral health administration in the department of human services, as well as the report submitted annually to the general assembly pursuant to section 25-1.5-101 (1)(w)(III)(A) and as part of its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2.

(6) The department may accept gifts, grants, and donations from public and private sources for the direct and indirect costs associated with the development and implementation of the Colorado plan. The department shall transmit any gifts, grants, and donations it receives to the state treasurer, who shall credit the money to the suicide prevention coordination cash fund created in section 25-1.5-101 (1)(w)(II).

(7) As used in this section, the term "comprehensive suicide prevention" or "suicide prevention" includes the following components:

(a) Strategies or approaches that seek to prevent the onset of suicidal despair, commonly known as "suicide prevention";

(b) Public health intervention supports, including community training, workforce development, quality improvement and provision of technical assistance to support the adoption of best suicide attempt behavior intervention and postvention practices and policies; and

(c) Postvention responses to and support for individuals and communities affected by the aftermath of suicide attempts and suicide deaths.
C.R.S. § 25-38-105 — CO Code / Title 25 / Article 38 / Section 25-38-105
25-38-105. Disclosure required upon request - information not proprietary
Status: in_force

25-38-105. Disclosure required upon request - information not proprietary. (1) Upon request by or on behalf of the designated physician or dentist or the commissioner, a health-care entity shall disclose to the requesting person a description of the methodology upon which the health-care entity's designation is based and all data upon which the designation was based within forty-five days after receiving the request. The description shall be sufficiently detailed to allow the designated physician or dentist or the commissioner to determine the effect of the methodology on the data being reviewed. The disclosure of the data shall be made in a manner that is reasonably understandable and allows the physician, dentist, or commissioner to verify the data against his or her records. Where law or the health-care entity's contractual obligations with a bona fide third party prevents disclosure of any of the data required to be disclosed by this section, the health-care entity shall nonetheless provide sufficient information to allow the physician or dentist to determine how the withheld data affected the physician's or dentist's designation.

(2) After the disclosure of the description of the methodology provided for in subsection (1) of this section and upon further request by or on behalf of the designated physician or dentist or the commissioner, the health-care entity shall provide the complete methodology within thirty days after such further request.

(3) The "Uniform Trade Secrets Act", article 74 of title 7, C.R.S., shall not be used by a health-care entity to prevent it from complying with this section.
C.R.S. § 25-3-121 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-121
25-3-121. Health-care facilities - emergency and nonemergency services - required disclosu
Status: in_force

25-3-121. Health-care facilities - emergency and nonemergency services - required disclosures - balance billing - deceptive trade practice - rules - definitions. (1) On and after January 1, 2020, health-care facilities shall develop and provide disclosures to consumers about the potential effects of receiving emergency or nonemergency services from an out-of-network provider providing services at an in-network facility or emergency services at an out-of-network facility. The disclosures must comply with the rules adopted pursuant to subsection (2) of this section.

(2) The state board of health, in consultation with the commissioner of insurance and the applicable regulators of health-care providers in the division of professions and occupations in the department of regulatory agencies, shall adopt rules that specify the requirements for health-care facilities to develop and provide consumer disclosures in accordance with this section. The state board of health shall ensure that the rules, at a minimum, comply with the notice and consent requirements in subsection (3.5) of this section and the federal "No Surprises Act".

(3) Receipt of the disclosure required by this section does not waive a consumer's protections under section 10-16-704 (3) or (5.5) or the consumer's right to benefits under the consumer's health benefit plan at the in-network benefit level for all covered services and treatment received.

(3.5) (a) An out-of-network facility may balance bill a covered person for services other than ancillary services if:

(I) The out-of-network facility provides written notice that the facility will balance bill a covered person at least seventy-two hours in advance of the date of service, if the appointment was scheduled at least seventy-two hours in advance, or at least three hours before the scheduled appointment, if the appointment was made less than seventy-two hours in advance, in either paper or electronic format, as selected by the covered person. The notice must be available in the fifteen most common languages in the geographic region in which the out-of-network facility is located. The notice must state:

(A) If applicable, that the facility is out of network with respect to the covered person's health benefit plan;

(B) Effective upon the implementation date of the applicable federal rules, a good-faith estimate of the amount of the charges for which the covered person may be responsible;

(C) That the estimate or consent to treatment does not constitute a contract for services;

(D) If the facility is a participating provider and the health-care provider is not a participating provider, a list of participating providers at the facility who are able to provide the same services;

(E) Information about whether prior authorization or other care management limitations may be required in advance of receiving the requested services; and

(F) That consent to receive the services at an out-of-network facility is optional and that the covered person may seek services from a participating provider, in which case the cost-sharing responsibility of the covered person would not exceed the responsibility for in-network benefits under the covered person's health benefit plan;

(II) The out-of-network facility obtains signed consent from the covered person that acknowledges that the covered person has been:

(A) Provided with written notice of the covered person's financial responsibility, in the format and language selected by the covered person and within the applicable periods specified in subsection (3.5)(a)(I) of this section; and

(B) Provided written notice that the payment by the covered person for health-care services provided at the out-of-network facility may not accrue toward meeting any limitation that the health benefit plan places on cost sharing, including an explanation that the payment may not apply to an in-network deductible.

(b) The notice and consent required by this subsection (3.5) must include the date on which the covered person received the written notice and the date and the time at which the consent form was signed. The out-of-network facility shall provide a signed copy of the consent form to the covered person through regular or electronic mail.

(c) An out-of-network facility that obtains a signed consent with respect to furnishing an item or service shall retain the signed consent for at least a seven-year period after the date on which such item or service is furnished.

(d) [Editor's note: Subsection (3.5)(d) is effective January 1, 2025.] An out-of-network facility shall not balance bill a covered person, as defined in section 10-16-102 (15), for services if the provisions of section 10-16-705 (4.5)(c)(II) apply.

(3.7) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(xxx).

(4) As used in this section and section 25-3-122:

(a) "Ancillary services" means:

(I) Diagnostic services, including radiology and laboratory services, unless excluded by rule of the secretary of the United States department of health and human services pursuant to 42 U.S.C. sec. 300gg-132 (b)(3);

(II) Items and services related to emergency medicine, anesthesiology, pathology, radiology, and neonatology, whether or not provided by a physician or nonphysician provider, unless excluded by rule of the secretary of the United States department of health and human services pursuant to section 2799B-2 (b)(3) of the federal "No Surprises Act";

(III) Items and services provided by assistant surgeons, hospitalists, and intensivists, unless excluded by rule of the secretary of the United States department of health and human services pursuant to section 2799B-2 (b)(3) of the federal "No Surprises Act";

(IV) Items and services provided by an out-of-network provider if there is no in-network provider who can furnish the needed services at the facility; and

(V) Any other items and services provided by specialty providers as established by rule of the commissioner.

(a.3) "Balance bill" has the same meaning as set forth in section 10-16-704 (19)(c).

(a.5) "Carrier" has the same meaning as set forth in section 10-16-102 (8).

(b) "Covered person" has the same meaning as defined in section 10-16-102 (15).

(c) "Emergency services" has the same meaning as set forth in section 10-16-704 (19)(e).

(c.5) "Federal 'No Surprises Act'" means the federal "No Surprises Act", Pub.L. 116-260, as amended.

(d) "Geographic area" has the same meaning as set forth in section 10-16-704 (19)(h).

(e) "Health benefit plan" has the same meaning as defined in section 10-16-102 (32).

(f) "Medicare reimbursement rate" has the same meaning as set forth in section 10-16-704 (19)(k).

(g) "Out-of-network facility" means a health-care facility that is not a participating provider.

(h) "Participating provider" has the same meaning as set forth in section 10-16-102 (46).
C.R.S. § 25-7-144 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-144
25-7-144. Tampering with motor vehicle emission control systems - violations - exceptions
Status: in_force

25-7-144. Tampering with motor vehicle emission control systems - violations - exceptions - rules - reporting - definitions. (1) On or after January 1, 2024, except as provided otherwise in this section, a person shall not:

(a) Tamper with any emission control system;

(b) Sell, offer for sale, or possess for sale to an end user; advertise; manufacture; install; or use any part or component that is intended for use with, or as part of, any motor vehicle if the primary effect of using the part or component with the motor vehicle is to bypass, defeat, or render inoperative, in whole or in part, the emission control system; or

(c) Except with respect to a motor vehicle sold at wholesale or for which the associated ownership document is a salvage certificate of title, a nonrepairable title, or, if issued by another state, a similar document:

(I) Sell, lease, or rent a motor vehicle with an emission control system that has been tampered with;

(II) Offer to sell, lease, or rent a motor vehicle with an emission control system that has been tampered with; or

(III) Transfer or offer to transfer title to, or the right to possess, a motor vehicle with an emission control system that has been tampered with.

(2) (a) Except as provided in subsection (2)(b) of this section, on or after January 1, 2024, a person shall not operate a motor vehicle with an emission control system that has been tampered with if:

(I) The motor vehicle or its engine has been granted a certificate of conformity under the federal act as meeting the federal environmental protection agency's motor vehicle emission standards or, under 42 U.S.C. sec. 7507, also known as "section 177" of the federal act, California's motor vehicle emission standards; and

(II) The person knew or, through the exercise of reasonable care, should have known that the emission control system was tampered with.

(b) A person does not operate a motor vehicle in violation of this subsection (2) if another person tampered with the emission control system in relation to, or after committing, theft of the motor vehicle, and the person operating the motor vehicle is neither a complicitor of nor an accessory to the theft.

(c) If a complaint alleging a violation of this subsection (2) is filed against a person who has already been found to have violated this subsection (2) on a previous occasion, the person is strictly liable, and evidence demonstrating the mental state required in subsection (2)(a)(II) of this section need not be shown to prove a subsequent violation.

(3) The following activities constitute separate offenses under this section:

(a) Selling, offering for sale, or possessing for sale to an end user; advertising; manufacturing; installing; or using a part or component of a motor vehicle in violation of subsection (1)(b) of this section; and

(b) Selling, leasing, or renting a motor vehicle; offering to sell, lease, or rent a motor vehicle; or transferring or offering to transfer a title or a right to possess a motor vehicle in violation of subsection (1)(c) of this section.

(4) A person does not violate subsection (1)(b) or (1)(c) of this section if the person engages in the conduct for the purpose of:

(a) Having the motor vehicle's emission control system, or an element or device of an emission control system, repaired, replaced, removed for repair, or removed for replacement to bring the motor vehicle in compliance with emission control standards under the federal act or state law; or

(b) Dismantling a motor vehicle for parts to be sold for repair or replacement purposes.

(5) (a) On and after July 1, 2025, a person is not subject to penalties or an enforcement action for a violation of this section with respect to any motor vehicle for which the person self-reports to the division that the person is not in compliance with this section. If a complaint has been filed against the person with respect to one or more motor vehicles, the person is not subject to penalties or an enforcement action for a violation of this section with respect to any additional motor vehicles for which the person self-reports that the person is not in compliance with this section.

(b) The commission may determine by rule the form, manner, and substance of information required for self-reporting under this subsection (5).

(c) Notwithstanding subsection (5)(a) of this section, if a person self-reports pursuant to this subsection (5) that the person is not in compliance with this section with respect to a motor vehicle, but the person does not become compliant with this section within twelve months after the date of self-reporting with regard to the motor vehicle:

(I) The person is subject to penalties or an enforcement action for a violation of this section with respect to that motor vehicle; and

(II) A certification of emissions control required pursuant to section 42-4-310 shall not be issued until the motor vehicle is brought into compliance with the standards described in subsection (2)(a)(I) of this section.

(d) Nothing in this subsection (5) prevents a directive to repair issued pursuant to this section from requiring compliance with the standards described in subsection (2)(a)(I) of this section.

(6) The commission may adopt rules as necessary to implement this section.

(7) (a) On or before January 1, 2025, and on or before January 1 of each year thereafter, the department of public health and environment may:

(I) Prepare an annual report summarizing the complaints filed pursuant to this section and any enforcement actions taken and penalty amounts assessed pursuant to section 25-7-122 (1)(j); and

(II) Submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting authorization set forth in subsection (7)(a) of this section continues indefinitely.

(8) As used in this section, unless the context otherwise requires:

(a) (I) "Emission control system" means a device or element of design that:

(A) The original manufacturer installs on or in a motor vehicle or a motor vehicle engine; and

(B) Is certified to comply with emission control standards under the federal act or state law.

(II) "Emission control system" includes a catalytic converter and all components required to operate selective catalytic reduction as part of a diesel emissions control system.

(b) "Manufacturer" means any person that manufactures or assembles new and unused motor vehicles of a type required to be registered pursuant to section 42-3-103.

(c) "Motorcycle" means an autocycle or a motor vehicle that uses handlebars or any other device connected to the front wheel to steer and that is designed to travel on not more than three wheels in contact with the ground; except that the term does not include a farm tractor, low-speed electric vehicle, or low-power scooter.

(d) "Motor vehicle" has the meaning set forth in section 42-1-102 (58); except that the term does not include a motorcycle.

(e) "Tamper" means to deactivate, dismantle, defeat, bypass, alter, modify, remove, or otherwise render inoperable, in whole or in part, mechanical or electrical parts or components of an emission control system.
C.R.S. § 25-4-106 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-106
25-4-106. Nuisances - petty offense
Status: in_force

25-4-106. Nuisances - petty offense. If any such building, room, basement, enclosure, or premises occupied, used, or maintained for the purposes stated in sections 25-4-101 to 25-4-105 or if the floors, sidewalls, ceilings, furniture, receptacles, utensils, implements, appliances, or machinery of any such establishment shall be constructed, kept, maintained, or permitted to remain in a condition contrary to any of the provisions of sections 25-4-101 to 25-4-105, the same is declared a nuisance. Any toilet room, lavatory, or washroom which shall be constructed, kept, maintained, or permitted to remain in a condition contrary to the requirements of section 25-4-105 is declared a nuisance. Any car, truck, or vehicle used in the moving or transportation of any food product which shall be kept or permitted to remain in an unclean, unhealthful, or unsanitary condition is declared a nuisance. Whoever unlawfully maintains, or allows or permits to exist, a nuisance as defined in this section commits a petty offense.
C.R.S. § 25-8.5-113 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-113
25-8.5-113. Revenue refunding bonds
Status: in_force

25-8.5-113. Revenue refunding bonds. Any revenue bonds issued by the authority may be refunded by the authority, or by any successor thereof, in the name of the authority, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, and discharge all or any part of such outstanding bonds, including any interest on the bonds in arrears or about to become due, for the purpose of avoiding or terminating any default in the payment of the interest on and principal of the bonds, of reducing interest costs or effecting other economies, or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any system appertaining thereto or for any combination of such purposes. Refunding bonds may be delivered in exchange for the outstanding bonds refunded or may be sold as provided in this article for an original issue of bonds.
C.R.S. § 25-5.5-304 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-304
25-5.5-304. French ice cream and custards - standards
Status: in_force

25-5.5-304. French ice cream and custards - standards. French ice cream, frozen custard, and French custard ice cream shall conform to the definition and standard of identity prescribed for ice cream by section 25-5.5-303 if one or more of the optional egg ingredients permitted by section 25-5.5-303 are used in such quantity that the total weight of egg yolk solids therein is not less than one and four-tenths percent of the weight of the finished French ice cream, except when any of the optional flavoring ingredients specified in section 25-5.5-303 (4)(d) to (4)(k) is used, in which case the weight of egg yolk solids shall not be less than one and twelve-hundredths percent of the weight of the finished French ice cream.
C.R.S. § 25-29-102 — CO Code / Title 25 / Article 29 / Section 25-29-102
25-29-102. Definitions
Status: in_force

25-29-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Authority" means the political subdivision and body corporate known as the Denver health and hospital authority created by this article.

(2) "Board" or "Board of directors" means the board of directors of the authority.

(3) "City" means the city and county of Denver as constituted under article XX of the state constitution.

(4) "City employee" means a person employed by the city and county of Denver, whether or not a classified employee.

(5) "Denver health system" means the programs, services, and facilities operated by the Denver department of health and hospitals prior to the transfer date.

(6) "Department" means the Denver department of health and hospitals.

(7) "Health system" means the Denver health system or the programs, services, and facilities operated by the authority after the transfer date.

(8) "Health system assets" means all property or rights in property, real and personal, tangible and intangible existing on the transfer date, used by or accruing to the department in the normal course of operations.

(9) "Health system liabilities" means all debts or other obligations, contingent or certain, owing on the transfer date, to any person or other entity, arising out of the operation of the Denver health system and including, without limitation, all debts for the purchase of goods and services, whether or not delivered, and obligations for the delivery of services, whether or not performed.

(10) "Mayor" means the mayor of the city and county of Denver.

(11) "Transfer date" means a date agreed to by the city and the authority for the transfer of Denver health system assets to and the assumption of health system liabilities by such authority.
C.R.S. § 25-16-102 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-102
25-16-102. Definitions
Status: in_force

25-16-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Attended solid waste disposal site" means a site established pursuant to part 1 of article 20 of title 30, C.R.S., at which an attendant is present during the normal hours of operation on or after December 31, 1984. This term shall not include any site which is deemed to hold a certificate of designation, but for which such certificate is not required, pursuant to section 30-20-102 (4), C.R.S.; nor shall it include any site used by a person for disposal of solid waste on his own property pursuant to section 30-20-102 (3), C.R.S.

(1.5) "Commission" means the solid and hazardous waste commission created in section 25-15-302.

(2) "Department" means the department of public health and environment.

(3) "Federal act" means the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980", as from time to time amended.

(4) "Hazardous substance" has the same meaning as that ascribed to it in the federal act.

(5) "National contingency plan" has the same meaning as that ascribed to it in the federal act and the OPA.

(5.3) "Oil" has the same meaning as that ascribed to it in the OPA.

(5.6) "OPA" means the federal "Oil Pollution Act of 1990", 33 U.S.C. sec. 2701 et seq., as amended.

(6) "Remedial action" has the same meaning as that ascribed to it in the federal act.

(7) "Removal" has the same meaning as that ascribed to it in the federal act.

(8) "Response" has the same meaning as that ascribed to it in the federal act.

(9) "Responsible party" has the same meaning as that ascribed to it in the federal act and the OPA.

(10) "Solid waste" has the same meaning as that ascribed to it in section 30-20-101 (6), C.R.S.

(11) "Waste producer" means any legal person who contracts for the transportation of waste ultimately destined for an attended solid waste disposal site.
C.R.S. § 25-7-133 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-133
25-7-133. Legislative review and approval of state implementation plans and rules - legisl
Status: repealed

25-7-133. Legislative review and approval of state implementation plans and rules - legislative declaration - definition. (1) (a) Notwithstanding any other provision of law but subject to subsection (7) of this section, by January 15 of each year, the commission shall certify in a report to the chairperson of the legislative council in summary form any additions or changes to elements of the state implementation plan that include any new regulatory requirements or modifications to existing regulatory requirements adopted during the prior year that are to be submitted to the administrator for purposes of federal enforceability.

(b) The report must be written in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader. Copies of such report must be available to the public and submitted to each member of the general assembly.

(c) This section does not apply to control measures and strategies that have been adopted and implemented by the enacting jurisdiction of a local unit of government if the measures and strategies do not result in mandatory direct costs upon any entity other than the enacting jurisdiction.

(2) Repealed.

(2.5) (a) Until February 15 following submission of the certified report under subsection (1) of this section, any addition or change to the SIP must not be submitted to the administrator for final approval and incorporation into the SIP, unless the addition or change is designated by the governor or the governor's designee as a provisional submission.

(b) By February 15, any member of the general assembly may introduce a bill to modify or delete all or a portion of the additions or changes to the SIP in the certified report submitted pursuant to subsection (1)(a) of this section. Any bill introduced under this subsection (2.5)(b) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives. During the period that any such bill introduced under this subsection (2.5)(b) is being considered, the additions or changes to the SIP may not be submitted to the administrator for final approval and incorporation into the SIP, unless designated by the governor or the governor's designee as a provisional submission.

(c) If a bill introduced under subsection (2.5)(b) of this section that seeks to modify or delete the additions or changes to the SIP does not become law, the additions or changes to the SIP must be submitted to the administrator for final approval and incorporation into the SIP. If the bill becomes law, the commission shall modify or delete the additions or changes to the SIP as directed by the bill, and any modified additions or changes to the SIP shall then be submitted to the administrator for final approval and incorporation into the SIP.

(d) As used in this subsection (2.5), "additions or changes" means additions or changes to regulatory requirements.

(3) In order to further the goals of section 25-7-105.1 in assuring that nonfederally required rules or policies are not submitted to the administrator for inclusion in a SIP, the commission shall, effective July 1, 1995, with respect to any rule or any portion thereof not required by the federal act or which is otherwise more stringent in whole or in part than requirements of the federal act, ensure that the public notice and the general statement of such rule's basis, specific statutory authority, and purpose required by section 24-4-103, C.R.S., in connection with the commission's proposal and promulgation of such rule shall also specifically identify what portion of such rule is not required by provisions of the federal act or is otherwise more stringent than requirements of the federal act.

(4) (a) The general assembly recognizes that the commission must exercise discretion in selecting from available options in developing a cost effective SIP which attains or maintains national ambient air quality standards.

(b) On or before November 15 of each year, the commission, in coordination with designated organizations for air quality planning in local areas, shall provide the legislative council:

(I) A comprehensive listing of additions or changes to elements of the SIP that the commission and local areas will consider during the following calendar year;

(II) The projected schedule for local action and commission consideration of such measures;

(III) (Deleted by amendment, L. 2000, p. 187, § 1, effective March 22, 2000.)

(IV) The statutory deadline, if any, for submittal to the administrator of the change or addition to elements of the SIP and the corresponding federal sanctions or consequences for failure to submit the change or addition to elements of the SIP by the deadline under the federal act; and

(V) A brief description of the principal technical and policy issues and available options presented for decision in each addition or change to elements of the SIP.

(c) The commission, in coordination with designated organizations for air quality planning in local areas, shall communicate regularly with the legislative council regarding each of the SIP elements or revisions thereto scheduled for adoption and submission to the administrator of the United States environmental protection agency.

(5) The information required by paragraph (b) of subsection (4) of this section shall be submitted to the legislative council in the form and manner and accompanied by supporting materials prescribed by the legislative council.

(6) This section is exempt from the provisions of section 24-1-136 (11), C.R.S., and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.

(7) (a) (Deleted by amendment, L. 2003, p. 1973, § 1, effective May 22, 2003.)

(b) Any revisions to the automobile inspection and readjustment program area pursuant to section 42-4-304 (20)(d), C.R.S., that delete specific regions within that portion of the AIR program area that is approved for incorporation into the state implementation plan shall be submitted to the federal environmental protection agency as expeditiously as possible and shall not be subject to further review and approval pursuant to this section; except that the commission shall submit a report pursuant to subsection (1) of this section.

(c) Repealed.

(d) (I) The commission shall request the governor to submit the plan adopted by the commission on March 12, 2004, to reduce the amount of pollutants emitted that create ozone pollution to the federal environmental protection agency for approval and incorporation into the state implementation plan. Passage of this paragraph (d) is in lieu of, and said plan shall be deemed to have satisfied, all review requirements under this section.

(II) A regulated entity that is required to comply with the amendments to regulation number 7 adopted by the air quality control commission on March 12, 2004, to reduce emissions of volatile organic compounds from atmospheric condensate storage tanks shall:

(A) Provide advance notice of the location where it intends to install an emission control unit; and

(B) Indicate whether such unit exceeds the height of the existing equipment at the facility.

(III) The regulated entity shall deliver the notice required pursuant to subsection (7)(d)(II) of this section to the local government designee, if any, registered with the energy and carbon management commission created in section 34-60-104.3 (1) for receipt of information relating to oil and gas operations within a local jurisdiction and shall include a phone number for a contact person. If the local jurisdiction does not have a local government designee, the regulated entity shall deliver the notice to the municipal clerk.

(IV) The local government shall, within ten business days after receipt of the notice, notify the regulated entity whether the local government objects to the intended installation of the emission control unit. The objection shall be based on site-specific land use issues and may not be made on a blanket basis to every proposed emission control unit installation within a local jurisdiction. If the local government fails to object within ten business days after submission of the notice, the local jurisdiction is presumed to have approved the installation of the specified emission control unit, and the regulated entity may commence such installation.

(V) If a local government designee notifies a regulated entity of its objection within ten business days after receipt of the notice of installation of an emission control unit, the regulated entity and the local jurisdiction shall endeavor to informally resolve the matter within an additional ten business days. If such attempt fails, the local jurisdiction shall have ten business days to petition the air quality control commission for an adjudicatory hearing pursuant to section 24-4-105, C.R.S., which petition shall be granted by the commission. The hearing shall be held and the matter decided by the commission or a hearing officer designated by the commission within forty-five calendar days after receipt of the petition by the commission. In ruling on the objection, the commission shall have the authority only to uphold or deny the objection.

(VI) The commission shall determine the procedures and criteria that govern its review of local government objections to the installation of emission control units at atmospheric condensate storage tank facilities, and the process provided thereby shall be the exclusive procedure for such disputes. No other local permit or land use approval shall be required for the installation of such emission control units.
C.R.S. § 25-7-109 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-109
25-7-109. Commission to promulgate emission control regulations
Status: in_force

25-7-109. Commission to promulgate emission control regulations. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:

(I) For each significant source or category of significant sources of air pollutants;

(II) For each type of facility, process, or activity which produces or might produce significant emissions of air pollutants.

(b) The requirements and prohibitions contained in such regulations shall be set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:

(I) The state policy regarding air pollution, as set forth in section 25-7-102;

(II) Federal recommendations and requirements;

(III) The degree to which altitude, topography, climate, or meteorology in certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;

(IV) The degree to which any particular type of emission is subject to treatment and the availability, technical feasibility, and economic reasonableness of control techniques;

(V) The extent to which the emission to be controlled is significant;

(VI) The continuous, intermittent, or seasonal nature of the emission to be controlled;

(VII) The economic, environmental, and energy costs of compliance with such emission control regulation;

(VIII) Whether an emission control regulation should be applied throughout the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.

(2) Such emission control regulations may include, but shall not be limited to, regulations pertaining to:

(a) Visible pollutants;

(b) Particulates;

(c) Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;

(d) Odors, except for livestock feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);

(e) Open burning activity;

(f) Organic solvents;

(g) Photochemical substances;

(h) Hazardous air pollutants and toxic air contaminants, as defined in section 25-7-109.5 (1)(i).

(3) Emission control regulations adopted pursuant to this section shall include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:

(a) Incinerator and incinerator design;

(b) Storage and transfer of petroleum products and any other volatile organic compounds;

(c) Activities which frequently result in particulate matter becoming airborne, such as construction and demolition operations;

(d) Specifications, prohibitions, and requirements pertaining to fuels and fuel additives, such as tetraethyl lead;

(e) Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants, and any other industrial or commercial activity which tends to emit air pollutants as a by-product;

(f) Industrial process equipment;

(g) Industrial spraying operations;

(h) Airplanes;

(i) Diesel-powered machines, vehicles, engines, and equipment;

(j) Storage and transfer of volatile compounds and hazardous or toxic gases or other hazardous substances which may become airborne.

(4) The commission shall promulgate appropriate regulations pertaining to hazardous air pollutants.

(5) The commission shall promulgate appropriate regulations setting conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.

(6) The commission shall establish test methods and procedures for determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.

(7) All regulations promulgated pursuant to this section shall conform with the provisions of part 5 of this article concerning asbestos control.

(8) (a) Notwithstanding any other provision of this section, the commission shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are "major stationary sources", as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.

(b) Nothing in paragraph (a) of this subsection (8), as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.

(9) (a) The commission shall adopt a procedure consistent with the federal environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:

(I) Undertakes a collaborative process with the affected industries to determine the cost and emission impacts associated with any proposed changes in this procedure;

(II) Reviews at least three years of emissions increases and decreases under the procedures described in paragraph (b) of this subsection (9);

(III) Delivers reports on the matters required in subparagraphs (I) and (II) of this paragraph (a) to the general assembly for its review;

(IV) Determines through rule-making that an applicability procedure for major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and

(V) Determines through rule-making that such more stringent applicability procedure is necessary to attain and to maintain the national ambient air quality standards.

(b) The procedure for determining when there has been a net significant emissions increase shall be consistent with requirements of the federal environmental protection agency and:

(I) Such requirements shall apply only if there is, in the first instance, a significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.

(II) If a project or modification is not exempt under subparagraph (I) of this paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.

(III) In determining the non-de minimis net emissions increase during the contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.

(10) (a) The commission shall adopt rules to minimize emissions of methane and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.

(b) (I) The commission shall review its rules for oil and natural gas well production facilities and compressor stations and specifically consider adopting more stringent provisions, including:

(A) A requirement that leak detection and repair inspections occur at all well production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;

(B) A requirement that owners and operators of oil and gas transmission pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;

(C) A requirement that oil and natural gas operators must install and operate continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and

(D) A requirement to reduce emissions from pneumatic devices. The commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.

(II) The commission may, by rule, phase in the requirement to comply with this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.

(c) Notwithstanding the grant of authority to the energy and carbon management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.

(d) On or before August 31, 2026, the division shall propose rules designed to reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard, or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).
C.R.S. § 25-10-110 — CO Code / Title 25 / Article 10 / Section 25-10-110
25-10-110. Enforcement by local public health agencies and local boards of health
Status: in_force

25-10-110. Enforcement by local public health agencies and local boards of health. The primary responsibility for the enforcement of this article and the rules adopted under this article lies with local public health agencies and local boards of health. If a local public health agency or local board of health substantially fails to administer and enforce this article and the rules adopted under this article, the department may assume any functions of the local public health agency or board of health as may be necessary to protect the public health and water quality.
C.R.S. § 25-20.5-1102 — CO Code / Title 25 / Article 20.5 / Part 11 / Section 25-20.5-1102
25-20.5-1102. Harm reduction grant program cash fund - creation
Status: repealed

25-20.5-1102. Harm reduction grant program cash fund - creation. (1) The harm reduction grant program cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) Money in the fund is continuously appropriated to the department for the implementation of this part 11.

(4) and (5) Repealed.
C.R.S. § 25-3-103.7 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-103.7
25-3-103.7. Employment of physicians - when permissible - conditions - definitions
Status: repealed

25-3-103.7. Employment of physicians - when permissible - conditions - definitions. (1) As used in this section:

(a) Repealed.

(b) "Department" means the department of public health and environment.

(c) "Federally qualified health center" or "FQHC" has the same meaning as set forth in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4).

(d) "Health-care facility" means a hospital, hospice, behavioral health safety net provider, as defined in section 27-50-101 (7), federally qualified health center, school-based health center, rural health clinic, PACE organization, or long-term care facility.

(e) "Hospice" means an entity that administers services to a terminally ill person utilizing palliative care or treatment and that is currently licensed and regulated by the department pursuant to the department's authority under section 25-1.5-103 (1)(a).

(f) "Hospital" means a hospital currently licensed or certified by the department pursuant to the department's authority under section 25-1.5-103 (1)(a).

(f.3) "Long-term care facility" means:

(I) A nursing facility as defined by section 25.5-4-103, C.R.S., and licensed pursuant to section 25-1.5-103;

(II) An assisted living residence as defined by section 25-27-102 and licensed pursuant to section 25-27-103; or

(III) An independent living facility or a residence for seniors that provides assistance to its residents in the performance of their daily living activities.

(f.5) "PACE organization" means an organization providing a program of all-inclusive care for the elderly pursuant to section 25.5-5-412, C.R.S.

(g) "Physician" means a person duly licensed to practice under article 220, 240, or 290 of title 12.

(h) "Rural health clinic" shall have the same meaning as set forth in section 1861 (aa)(2) of the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(2).

(i) "School-based health center" shall have the same meaning as set forth in section 25-20.5-502.

(2) (a) A health-care facility may employ physicians, subject to the limitations set forth in subsections (3) to (6) of this section. The employment of physicians at a long-term care facility may be direct or through a separate entity authorized to conduct business in this state that has common or overlapping ownership as an affiliate or subsidiary of an entity, including a foreign entity, that owns, controls, or manages the long-term care facility, subject to the limitations set forth in subsections (3) to (6) of this section.

(b) Nothing in this subsection (2) allows any person who is not licensed pursuant to article 240 of title 12 to practice or direct the practice of medicine at a long-term care facility.

(3) Nothing in this section shall be construed to allow any health-care facility that employs a physician to limit or otherwise exercise control over the physician's independent professional judgment concerning the practice of medicine or diagnosis or treatment or to require physicians to refer exclusively to the health-care facility or to the health-care facility's employed physicians. Any health-care facility that knowingly or recklessly so limits or controls a physician in such manner or attempts to do so shall be deemed to have violated standards of operation for the particular type of health-care facility and may be held liable to the patient or the physician, or both, for such violations, including proximately caused damages. Nothing in this section shall be construed to affect any health-care facility's decisions with respect to the availability of services, technology, equipment, facilities, or treatment programs, or as requiring any health-care facility to make available to patients or physicians additional services, technology, equipment, facilities, or treatment programs.

(4) Nothing in this section shall be construed to allow a health-care facility that employs a physician to offer the physician any percentage of fees charged to patients by the health-care facility or other financial incentive to artificially increase services provided to patients.

(5) The medical staff bylaws or policies or the policies of any health-care facility that employs physicians shall not discriminate with regard to credentials or staff privileges on the basis of whether a physician is an employee of, a physician with staff privileges at, or a contracting physician with, the health-care facility. Any health-care facility that discriminates with regard to credentials or staff privileges on the basis of whether a physician is an employee of, a physician with staff privileges at, or a contracting physician with, the health-care facility shall be deemed to have violated standards of operation for the particular type of health-care facility and may be held liable to the physician for such violations, including proximately caused damages. This subsection (5) shall not affect the terms of any contract or written employment arrangement that provides that the credentials or staff and clinical privileges of any practitioner are incident to or coterminous with the contract or employment arrangement or the individual's association with a group holding the contract.

(6) When applying for initial facility licensure and upon each application for license renewal, every health-care facility licensed or certified by the department that employs a physician shall report to the department the number of physicians on the health-care facility's medical staff. The report shall separately identify the number of those physicians who are employed by the health-care facility under separate contract to the health-care facility and independent of the health-care facility.

(7) The medical staff bylaws or policies or the policies of any health-care facility that employs physicians shall contain a procedure by which complaints by physicians alleging a violation of subsection (3), (4), or (5) of this section may be heard and resolved, which procedure shall ensure that the due process rights of the parties are protected. A physician who believes he or she has been the subject of a violation of subsection (3), (4), or (5) of this section has a right to complain and request review of the matter pursuant to such procedure.

(8) Nothing in this section shall preclude a physician or a patient from seeking other remedies available to the physician or to the patient at law or in equity.
C.R.S. § 25-1.5-604 — CO Code / Title 25 / Article 1.5 / Part 6 / Section 25-1.5-604
25-1.5-604. Regulation of services during emergency
Status: in_force

25-1.5-604. Regulation of services during emergency. (a) While an emergency declaration is in effect, the disaster management agency, in consultation with the department of agriculture with regard to veterinary services, may limit, restrict, or otherwise regulate:

(1) The duration of practice by volunteer health practitioners;

(2) The geographical areas in which volunteer health practitioners may practice;

(3) The types of volunteer health practitioners who may practice; and

(4) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

(b) An order issued pursuant to subsection (a) of this section may take effect immediately, without prior notice or comment, and is not a rule within the meaning of the "State Administrative Procedure Act", article 4 of title 24.

(c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:

(1) Consult and coordinate its activities with the disaster management agency and, with regard to veterinary services, the department of agriculture, to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and

(2) Comply with any laws other than this part 6 relating to the management of emergency health or veterinary services, including section 12-30-103, part 2 of article 30 of title 12, and articles 200 to 225 and 235 to 300 of title 12.
C.R.S. § 25-16-307 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-307
25-16-307. No action determinations
Status: in_force

25-16-307. No action determinations. (1) A property owner may file with the department a written petition to request a no action determination pursuant to this section. The department shall provide formal written notification that a no action petition has been approved or disapproved within no more than forty-five days after a request by a property owner, unless the property owner and the department agree to an extension of the review to a date certain. Such review shall be limited to a review of the materials submitted by the applicant and documents or information readily available to the department. If the department fails to act on a petition within the time limits specified in this subsection (1), the no action petition shall be deemed approved. If the department has received eight applications for review of voluntary clean-up plans or no action petitions in a calendar month, the department may notify any additional applicants in that month that their plan or petition will be considered the following month, and the forty-five day period for department review shall begin on the first day of the month following receipt of the plan or petition.

(2) (a) The department shall issue a written determination approving a no action petition when:

(I) The environmental assessment described in section 25-16-308 performed by a qualified environmental professional indicates the existence of contamination which does not exceed applicable promulgated state standards or contamination which does not pose an unacceptable risk to human health and the environment; or

(II) The department finds that contamination or a release or threatened release of a hazardous substance or petroleum product originates from a source on adjacent or nearby real property if a person or entity responsible for such a source of contamination is or will be taking necessary action, if any, to address the contamination.

(b) The department shall provide formal written notification of a no action determination, which shall contain the basis for the determination and the following statement:

Based upon the information provided by [insert name(s) of property owner(s)] concerning property located at [insert address], it is the opinion of the Colorado department of public health and environment that no further action is required to assure that this property, when used for the purposes identified in the no action petition, is protective of existing and proposed uses and does not pose an unacceptable risk to human health or the environment at the site.

(c) The approval of a no action petition by the department applies only to conditions on the property and state standards that exist as of the time of submission of the petition.

(3) Submission of materially misleading information by the applicant in the context of a no action petition shall render the department approval void.

(4) In the event that a no action petition is not approved by the department, the department shall promptly provide the property owner with a written statement of the reasons for such denial. If the department disapproves a no action petition based upon the applicant's failure to submit required information, the department shall notify the applicant of the specific information omitted.
C.R.S. § 25-3-701 — CO Code / Title 25 / Article 3 / Part 7 / Section 25-3-701
25-3-701. Short title
Status: in_force

25-3-701. Short title. This part 7 shall be known and may be cited as the "Colorado Hospital Report Card Act".
C.R.S. § 25-7-212 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-212
25-7-212. Actions of federal government affecting visibility - evaluation report
Status: in_force

25-7-212. Actions of federal government affecting visibility - evaluation report. (1) As a part of the state's ongoing development and implementation of a long-term strategy in connection with visibility and air quality related values within class I areas, the division shall evaluate the extent to which the activities of the federal government are directly adversely impacting visibility and air quality related values within a class I area and make a determination whether such entities have taken or are taking all reasonable steps necessary to remedy that impact. At any time, the division may make, and a federal land manager shall respond to, reasonable requests for information necessary for the division to perform such regulation.

(2) The joint public hearing required under section 25-7-105 (4)(a) shall report on the results of the evaluation required under subsection (1) of this section.

(3) (a) The general assembly hereby finds, determines, and declares, after reviewing the factors that contribute to regional haze and visibility impairment in Colorado, that significant contributions to regional haze and visibility impairment emanate from federal lands within the state of Colorado and from federal lands in other parts of the west. For the purpose of addressing regional haze visibility impairment in Colorado's mandatory class I federal areas, the federal land manager of each such area shall develop a plan for evaluating visibility in that area by visual observation or other appropriate monitoring technique approved by the federal environmental protection agency and shall submit such plan for approval to the division for incorporation by the commission as part of the state implementation plan. Such submittal and compliance by the federal land managers shall be done in a manner and at a time so as to meet all present or future federal requirements for the protection of visibility in any mandatory class I federal area. Such plan shall only be approved by the commission if the expense of implementing such a plan is borne by the federal government.

(b) (I) In addition to the plan submitted by each federal land manager pursuant to paragraph (a) of this subsection (3), the responsible federal land management agency shall provide an emission inventory to the commission of all federal land management activities in Colorado or other states that result in the emission of criteria pollutants, including surrogates or precursors for such pollutants, that affect any mandatory class I federal area in Colorado by reducing visibility in such an area. Such emission inventory shall be submitted to the commission no later than December 31, 2001, and no less frequently than every five years thereafter.

(II) Each emission inventory submitted to the commission shall be subject to approval by the commission pursuant to section 25-7-105 (17). The commission shall exempt from the inventory requirement any sources or categories of sources that it determines to be of minor significance.

(III) The commission shall adopt rules to fully implement the general assembly's intention to exercise state powers to the maximum extent allowed under section 118 of the federal act in requiring each federal land management agency with any presence in the state of Colorado to develop and submit to the division an inventory of emissions from lands, wherever situated, which could have any effect on visibility within mandatory class I federal areas located in Colorado. The commission and the division shall use the information from these emission inventories:

(A) To develop control strategies for reducing emissions within the state of Colorado as a primary component of the visibility long-term strategies for inclusion in the state implementation plan;

(B) In any environmental impact statement or environmental assessment required to be performed under the federal "National Environmental Policy Act of 1969", 42 U.S.C. secs. 4321 to 4347; and

(C) To exercise all powers and processes that exist to seek reductions in emissions outside the state of Colorado that reduce visibility in Colorado mandatory class I federal areas.

(IV) The cost of preparing and submitting inventories pursuant to subparagraph (I) of this paragraph (b) shall be borne by the federal government.
C.R.S. § 25-8-902 — CO Code / Title 25 / Article 8 / Part 9 / Section 25-8-902
25-8-902. School and child care clean drinking water fund - creation
Status: in_force

25-8-902. School and child care clean drinking water fund - creation. (1) The school and child care clean drinking water fund is created in the department.

(2) The fund includes any money that is transferred to the fund and any money that the general assembly may appropriate to the fund.

(3) Money in the fund at the end of each state fiscal year remains in the fund and does not revert to the general fund; except that any money remaining in the fund on June 29, 2026, reverts to the general fund.

(4) The department is the administrator of the fund for auditing purposes.

(5) The department shall expend money from the fund only:

(a) To help schools, child care centers, and family child care homes comply with this part 9; and

(b) To reimburse eligible schools, child care centers, and family child care homes as needed for costs associated with complying with this part 9, in the following order of priority:

(I) Child care centers and family child care homes;

(II) Eligible schools for which testing results show relatively high levels of lead;

(III) Eligible schools that are receiving money pursuant to Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., as amended; and

(IV) On and after June 1, 2023, subject to available appropriations, eligible schools that serve students in sixth, seventh, or eighth grade.

(6) Notwithstanding any provision of this section to the contrary, the department shall not expend money from the fund:

(a) To replace or repair any lead service line; or

(b) To reimburse a child care center, family child care home, or eligible school for costs associated with complying with this part 9 if the child care center, family child care home, or eligible school has already received money from the fund to reimburse the child care center, family child care home, or eligible school for a test of each drinking water source, as described in section 25-8-903 (1), and:

(I) None of the results of such testing showed the presence of lead in an amount of at least five parts per billion; or

(II) If the results of such testing showed the presence of lead in an amount of at least five parts per billion, the child care center, family child care home, or eligible school has also received reimbursement for:

(A) Any remediation efforts performed in response to such testing; and

(B) A confirmation test of each drinking water source at the child care center, family child care home, or eligible school, as described in section 25-8-903 (2)(c).
C.R.S. § 25-7-1203 — CO Code / Title 25 / Article 7 / Part 12 / Section 25-7-1203
25-7-1203. Voluntary agreements
Status: in_force

25-7-1203. Voluntary agreements. (1) The owner or operator of any stationary source or group of stationary sources may obtain regulatory assurance, as described in section 25-7-1204, by entering into a voluntary agreement pursuant to this part 12. The parties to the proposed voluntary agreement shall negotiate in good faith to reach a voluntary agreement as expeditiously as possible. The owner or operator shall provide the division with any information necessary to evaluate the terms and conditions of the proposed voluntary agreement. The parties to the proposed voluntary agreement shall structure the emission limitations or emission reductions contained in a voluntary agreement so as to minimize costs and maximize the operational flexibility available to the owner or operator of the stationary source or group of stationary sources by using, among other things, numeric emission limits, annual emission limits, or emissions averaging across several emission points or sources, as appropriate.

(2) The division shall evaluate the emission limitations contained in a proposed voluntary agreement to determine whether they will result in reductions in actual emissions or actual emission rates, will result in emission reductions earlier than would be required by existing laws or regulations, will result in emission reductions significantly greater than required by existing laws or regulations, and will protect human health or the environment. The division shall also evaluate the assurance period proposed in the voluntary agreement based on the following factors:

(a) The environmental benefits of the emission limitations and their significance;

(b) The time necessary to achieve the emission limitations;

(c) The capital, operating, and other costs associated with achieving the emission limitations; and

(d) The energy impacts and environmental impacts not related to air quality of achieving the emission limitations.

(3) After conducting the evaluation required in subsection (2) of this section, the division may reject any proposed voluntary agreement that does not meet the requirements of this section. If the division rejects the proposed voluntary agreement, the owner or operator of the stationary source or group of stationary sources may petition the commission for review of the proposed voluntary agreement and the division's rejection thereof in accordance with the rules promulgated by the commission.

(4) If the division finds that the emission limitations and the assurance period proposed in a voluntary agreement meet the requirements of this section, the division shall submit the proposed voluntary agreement to the commission for approval. The commission shall provide the public with notice and an opportunity to comment on the proposed voluntary agreement. The commission shall act upon the voluntary agreement as expeditiously as possible. The commission shall approve the voluntary agreement unless it finds by substantial evidence that the proposed voluntary agreement is inconsistent with the requirements of this part 12. In no event shall the commission adopt emission limitations or an assurance period different than proposed in the voluntary agreement without the express written approval of the owner or operator of the stationary source or group of stationary sources subject to the agreement.

(5) If the commission approves the proposed voluntary agreement, the emission limitations and other provisions contained in the voluntary agreement shall be enforceable under this article against the stationary source or group of stationary sources in accordance with the terms and conditions contained in the voluntary agreement. Such enforcement may include any appropriate mechanism, including rule, permit condition, or consent order.

(6) No voluntary agreement or the underlying emission limitations under subsection (1) of this section shall be made federally enforceable without the written consent of the owner or operator of the stationary source or group of stationary sources.

(7) Except as provided in this part 12 or other applicable law, no voluntary agreement entered into under this part 12 shall alter any existing federal or state requirement otherwise applicable to the stationary source or group of stationary sources subject to such agreement.

(8) The commission may adopt any rules, procedures, or combination thereof necessary to implement this part 12. Notwithstanding this authority, the division may negotiate and evaluate proposed voluntary agreements, and the commission may approve proposed voluntary agreements and review the division's rejection of a proposed voluntary agreement as of July 1, 1998.
C.R.S. § 25-7-141 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-141
25-7-141. Air toxics - duties of covered entities - public notice of air quality incidents
Status: in_force

25-7-141. Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules. (1) Legislative declaration. The general assembly hereby:

(a) Finds that:

(I) Air toxics are pollutants that cause or may cause cancer or other serious health effects, such as adverse reproductive effects or birth defects, or adverse environmental and ecological effects; and

(II) Disproportionately impacted communities often include low-income neighborhoods and residents who identify as Black, Indigenous, Latino, and people of color and are disproportionately affected by air toxics emissions;

(b) Determines that:

(I) Colorado communities have a right to know about exposures to air toxics in real time;

(II) Colorado communities are increasingly concerned about the potential health impacts of air toxics resulting from routine facility operations, fugitive leaks, upset conditions, or emergency situations;

(III) Real-time air monitoring, including fenceline and community-based monitoring systems, can provide valuable air quality data to assess the potential impacts of air toxics emissions in nearby communities, to understand temporal variations in air toxics emissions, and to advise facilities of significant changes in air toxics emissions;

(IV) Community-based monitoring is useful for estimating air toxics exposures and health risks and in determining trends in air pollutant levels over time; and

(V) Fenceline monitoring is useful for detecting or estimating leaks, the quantity of fugitive emissions, and other air emissions from a certain facility; and

(c) Declares that facilities that emit air toxics have a responsibility to collect real-time air toxics data and to provide monitoring results as quickly as possible in a publicly accessible format to help communities understand their level of exposure.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Community-based monitoring" means monitoring using equipment that measures and records air pollutant concentrations in the ambient air, including concentrations of covered air toxics, at or near sensitive receptor locations near a covered facility.

(b) "Covered air toxic" means:

(I) Hydrogen cyanide, hydrogen sulfide, and benzene; and

(II) Any other hazardous air pollutant that the commission lists, by rule, pursuant to subsection (3) of this section.

(c) "Covered facility" means a stationary source that is covered by one of the following North American industry classification system codes established by the federal office of management and budget:

(I) 324110, "petroleum refineries";

(II) 336413, "other aircraft parts and auxiliary equipment manufacturing";

(III) 424710, "petroleum bulk stations and terminals", if the source is within an eight-hour ozone control area and has reported emissions of benzene in its federal toxics release inventory filing pursuant to 42 U.S.C. sec. 11023 for the years 2017 through 2019, as of July 1, 2020; or

(IV) Any other code listed by rule pursuant to subsection (3) of this section.

(d) "Emergency notification service" has the meaning established in section 29-11-101 (11).

(e) "Fenceline monitoring" means monitoring using equipment that encompasses the covered facility and continuously measures and records air pollutant concentrations at or adjacent to a covered facility's boundary.

(f) "Incident" means the emission by a covered facility of an air pollutant at a rate or quantity that exceeds allowable emissions as a result of anticipated or unanticipated circumstances, including a malfunction, start-up, shutdown, upset, or emergency.

(g) "Method 325A" means the test method titled "Volatile Organic Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection" adopted by the air emission measurement center of the federal environmental protection agency.

(h) "Method 325B" means the test method titled "Volatile Organic Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis" promulgated by the air emission measurement center of the federal environmental protection agency.

(i) "Method TO-15A" means the test method titled "Determination of Volatile Organic Compounds (VOCs) in Air Collected in Specially-Prepared Canisters and Analyzed by Gas Chromatography / Mass Spectrometry (GC/MS)" published in the second edition of the federal environmental protection agency's "Compendium of Methods from the Determination of Toxic Organic Compounds in Ambient Air".

(j) "Notification threshold" means acute exposure levels with an averaging time of one hour as established by the division pursuant to subsection (5)(a)(III) of this section.

(k) "Optical remote sensing technology" means technology with the ability to provide real-time measurements of air pollutant concentrations along an open path as described in "EPA Handbook: Optical and Remote Sensing for Measurement and Monitoring of Emissions Flux of Gases and Particulate Matter" by the federal environmental protection agency.

(l) (I) "Petroleum refinery" means an establishment that is located on one or more contiguous or adjacent properties that processes crude oil to produce more usable products such as gasoline, diesel fuel, aviation fuel, lubricating oils, asphalt, or petrochemical feedstocks. The term includes auxiliary facilities such as boilers, wastewater treatment plants, hydrogen production facilities, sulfur recovery plants, cooling towers, blowdown systems, compressor engines, and power plants.

(II) Petroleum refinery processes include separation processes, including atmospheric or vacuum distillation and light ends recovery; petroleum conversion processes, including cracking, reforming, alkylation, polymerization, isomerization, coking, and visbreaking; petroleum treating processes, including hydrodesulfurization, hydrotreating, chemical sweetening, acid gas removal, and deasphalting; and feedstock and product handling, including storage, crude-oil blending, non-crude-oil feedstock blending, product blending, loading, and unloading.

(m) "Real time" means the actual or near actual time during which covered air toxics or other air pollutant emissions occur.

(n) "Relevant area" means the area within three miles of a covered facility where communities may be exposed to covered air toxics.

(o) "Relevant languages" means the two most prevalent languages spoken in the relevant area, as identified in the latest American community survey published by the federal census bureau.

(3) Review of covered air toxics and industry codes for covered facilities. In order to better protect public health, the commission shall:

(a) At least every five years beginning in 2027, or more frequently if it deems it appropriate to do so, including pursuant to a request by an interested person based on data evidencing potential exposure to a pollutant at levels posing a significant risk to human health, review the best available science, the list of covered air toxics, and the North American industry classification system codes for covered facilities to determine whether additional hazardous air pollutants should be listed as covered air toxics and whether any additional stationary sources should be included as covered facilities;

(b) Based on its review, adjust the lists of covered air toxics and covered facilities by rule; and

(c) If the commission adjusts the list of covered air toxics or covered facilities, adjust by rule the annual amount that the division may annually spend to conduct the community-based monitoring required by subsection (6)(a) of this section.

(4) Emergency notifications. Each covered facility shall:

(a) Conduct outreach to representatives of the community in the relevant area to discuss communications regarding the occurrence of an incident, including:

(I) Methods by which the covered facility can disseminate information to the community in the relevant area and methods by which community members can contact the covered facility regarding an incident; and

(II) Provisions for communications in the relevant languages;

(b) Use an emergency notification service through which the covered facility will, as soon as possible, communicate in the relevant languages with, and make data available to, the community in the relevant area and the division regarding the occurrence of an incident or an exceedance of a notification threshold identified by a fenceline monitoring system;

(b.5) For two years, maintain a record of all communications made through an emergency notification service, including whether any other action was taken in response to the incident or exceedance of a notification threshold, which record must be available to the public;

(c) Implement the emergency notification service within six months after July 2, 2020; and

(d) Pay all costs associated with its use of the emergency notification service.

(5) Fenceline monitoring. (a) (I) Beginning on January 1, 2023, a covered facility that is a petroleum refinery shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(II) Beginning on July 1, 2024, all covered facilities not subject to subsection (5)(a)(I) of this section shall conduct fenceline monitoring of covered air toxics in real time and shall disseminate all fenceline monitoring data to the public as described in subsection (5)(h) of this section.

(III) The division shall establish notification thresholds for each covered air toxic. In establishing the notification thresholds, the division shall take a precautionary approach to assure protection of public health. The notification thresholds:

(A) Shall be based on scientific research that is publicly available and peer-reviewed about the potential human health impacts of short-term exposures to pollutants;

(B) May be based on acute exposure levels or guidelines utilized by a federal agency or another state; and

(C) Shall be included in the fenceline monitoring plan of each covered facility.

(b) At least one year before a covered facility begins conducting fenceline monitoring, the covered facility shall submit an initial draft fenceline monitoring plan to the division. Each fenceline monitoring plan must:

(I) Provide for monitoring consistent with method 325A, method 325B, and method TO-15A combined, or the most up-to-date emissions test or measurement methods for fenceline monitoring approved or promulgated by the federal environmental protection agency;

(II) Provide for monitoring of covered air toxics using optical remote sensing technology or other monitoring technology with the ability to provide real-time spatial and temporal data to understand the type and amount of emissions;

(III) Be submitted to the division in the relevant languages; and

(IV) Identify:

(A) The equipment to be used to continuously monitor, record, and disseminate emission data for each covered air toxic in real time, including equipment to continuously record wind speed and wind direction data;

(B) Siting and equipment specifications;

(C) Procedures for air monitoring equipment maintenance and failures, maintenance plans and schedules, temporary back-up measures to implement during equipment failures, data management, quality assurance, and quality control; and

(D) Methods for disseminating fenceline monitoring data to the public, local governments, area schools, and the division in real time via the website specified in subsection (5)(h)(I) of this section.

(c) Upon receipt of an initial draft fenceline monitoring plan or plan that is resubmitted pursuant to subsection (5)(i) of this section, the division shall:

(I) Promptly post the plan on the division's website;

(II) Ensure that the plan is subject to at least ninety days of public comment;

(III) Respond in writing to all comments received;

(IV) Consult with local governments in the relevant area about the plan; and

(V) Consult community members and hold at least two public hearings regarding the plan before the division acts on the plan. The hearings must:

(A) Be held at a location near the covered facility, prioritizing disproportionately impacted communities;

(B) Be held once during the evening and once during a weekend;

(C) Be available for remote participation via the internet;

(D) Include interpretation services in the relevant languages that are not the same language in which the hearing is conducted; and

(E) Provide child care services for the attendees.

(d) (I) No later than four months after the submission of an initial draft fenceline monitoring plan or plan that is resubmitted pursuant to subsection (5)(i) of this section, the covered facility may submit a revised plan to the division.

(II) Upon receipt of a revised plan, the division shall promptly post the revised plan on the division's website. If the initial plan failed to include the required elements under subsection (5)(b) of this section, the division shall again comply with subsection (5)(c) of this section with respect to the revised plan, in which case the deadline in subsection (5)(e) of this section is extended for ninety days.

(e) If the division determines that the covered facility is emitting hazardous air pollutants in quantities that may pose a risk to public health in the relevant area, the division may require as part of the plan the reporting of pollutants other than covered air toxics that the monitors are reasonably capable of measuring. The division shall approve or disapprove a fenceline monitoring plan no later than eight months after it is initially submitted to the division. If the division disapproves of a monitoring plan, it shall promptly modify the monitoring plan to ensure compliance with subsection (5)(b) of this section prior to approval.

(f) Once the division approves a fenceline monitoring plan, the division shall promptly post the plan on its website. Within three weeks after approval, the covered facility shall make the approved plan available to the division and the public in the relevant languages, and the division shall promptly post the translated plan on the division's website. The covered facility shall make hard copies of the approved and translated plans available at any public libraries in the relevant area.

(g) If a covered facility is a major source, as that term is defined in section 25-7-114 (3), the division shall incorporate fenceline monitoring requirements into the covered facility's operating permit required by section 25-7-114.3.

(h) Each covered facility shall collect real-time data from the fenceline monitoring system, shall maintain records of the data, and shall disseminate the data to the division and the public. The dissemination must:

(I) Be available in real time on a website maintained by the covered facility and include a map of all fenceline monitoring equipment locations and the ability to access historical fenceline monitoring data;

(II) Be in the relevant languages spoken in the relevant area;

(III) Include descriptions in the relevant languages of covered air toxics and their possible health effects as specified by the federal centers for disease control and prevention; and

(IV) Include data about air concentrations of any hazardous air pollutant other than covered air toxics that the division determined under subsection (5)(e) of this section must be included in the fenceline monitoring plan.

(i) A covered facility shall update and resubmit for division approval its fenceline monitoring plan every five years; except that the division may require an updated plan before the expiration of five years based on:

(I) Its own determination that there has been a substantial change in the covered facility's operations or emissions; or

(II) A written request submitted by a member of the public that the division determines justifies an updated plan.

(6) Community-based monitoring. (a) Beginning no later than January 1, 2023, the division shall conduct community-based monitoring of covered air toxics in the relevant areas. The community-based monitoring must occur for no less than thirty cumulative days during each quarter of every year. The division may expend up to eight hundred thousand dollars from the general fund to purchase and equip a mobile air-quality monitoring van for use in the northern metropolitan Denver area, Henderson, the city of Pueblo, and other communities, to conduct community-based monitoring pursuant to this subsection (6).

(b) Subject to subsection (3)(c) of this section, the division shall not spend more than one million dollars annually to conduct the community-based monitoring required by subsection (6)(a) of this section.

(c) No later than July 1, 2022, and every three years thereafter, the division shall:

(I) Post a list of intended community-based monitoring equipment locations on the division's website in the relevant languages;

(II) Ensure that the list of intended monitoring equipment locations is subject to at least ninety days of public comment; and

(III) Consider input from local governments and school districts in the relevant areas about the list of intended monitoring equipment locations.

(d) The division shall make community-based monitoring data available to the public.

(7) Costs paid by covered facilities. (a) Each covered facility is responsible for the cost of installing, operating, and maintaining all fenceline monitoring equipment used pursuant to the monitoring plan as well as the cost of disseminating the data to the public.

(b) A covered facility shall pay a processing fee pursuant to section 25-7-114.7 (2)(a)(III) to cover the division's indirect and direct costs of reviewing and approving fenceline monitoring plans.

(c) Covered facilities shall pay the division for the covered facility's annual pro rata share of the direct and indirect costs of conducting community-based monitoring, which money shall be credited to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I). Payment will be received in advance of performing community-based monitoring unless the division expressly authorizes reimbursement.
C.R.S. § 25-7-501 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-501
25-7-501. Legislative declaration
Status: in_force

25-7-501. Legislative declaration. (1) The general assembly hereby declares that it is in the interest of the general public to control the exposure of the general public to friable asbestos. It is the intent of the general assembly to ensure the health, safety, and welfare of the public by regulating the practice of asbestos abatement in locations to which the general public has access for the purpose of ensuring that such abatement is performed in a manner that will minimize the risk of release of asbestos. However, it is not the intent of the general assembly to regulate occupational health practices that are regulated pursuant to federal laws. It is the intent of the general assembly that the commission may adopt regulations to permit the enforcement of the national emission standards for hazardous air pollutants as set forth in 42 U.S.C. sec. 7412.

(2) Therefore, the general assembly determines and declares that the enactment of this part 5 is a matter of statewide concern to achieve statewide uniformity in the regulation of such asbestos abatement practices and uniformity in the qualifications for and certification of persons who perform such abatement.
C.R.S. § 25-3-123 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-123
25-3-123. Mental health facility pilot program - establishment - rules - definitions
Status: in_force

25-3-123. Mental health facility pilot program - establishment - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Mental health facility" means a facility approved to participate in the pilot program pursuant to subsection (2) of this section.

(b) "Pilot program" means the mental health facility pilot program established pursuant to this section.

(2) There is established in the department the mental health facility pilot program to authorize not more than two entities to participate in a three-year pilot program to allow individuals with either a physical health diagnosis or significant mental health diagnosis to reside in a facility that treats both the physical and mental health issues and provides additional services to help the individual transition to independent living.

(3) On or before October 1, 2019, the department shall develop an application for interested entities to apply to be authorized as a mental health facility. The application must require the applicant to show, at a minimum, that it:

(a) Is serving individuals with physical or mental or both physical and mental health diagnoses;

(b) Offers staff secure environments rather than physically secure spaces;

(c) Has the capability to provide integrated services with community medical and behavioral health providers;

(d) Has sufficient staffing levels of licensed nurses, nursing assistants, and occupational and recreational professionals;

(e) Has a partnership with either an acute care hospital or psychiatric hospital and with a skilled nursing facility, so it has the ability to transfer an individual in need of a higher level of care;

(f) Demonstrates a collaborative relationship with the hospital, including consultation and treatment plan support, one-on-one staffing support, and ongoing training for staff at the mental health facility;

(g) Is in a community that has resources to support community engagement to move an individual to less restrictive environments as an individual progresses;

(h) Demonstrates cost savings or cost neutrality for the state medical assistance program;

(i) Is willing and able to contribute at least one-third of the increased costs that the applicant will incur due to the pilot program and has identified sources for the other two-thirds; and

(j) Is willing to prepare reports on the pilot program.

(4) On or before February 1, 2020, the department shall select up to two applicants to become mental health facilities under the pilot program; except that, if more than one applicant is selected:

(a) One selected applicant must be in a community with a population of over one hundred thousand and one selected applicant must be in a community with a population of under one hundred thousand unless there is no qualified applicant from such a community;

(b) Both selected applicants must not be located in the same city unless the only qualified applicants are from a single city; and

(c) Both selected applicants must not be assisted living facilities.

(5) The department is authorized to adopt rules to implement the pilot program.

(6) The state long-term care ombudsman office, established pursuant to section 26-11.5-104, has access to the premises and residents of a mental health facility during reasonable hours for the purposes set out in the federal "Older Americans Act of 1965".
C.R.S. § 25-10-103 — CO Code / Title 25 / Article 10 / Section 25-10-103
25-10-103. Definitions
Status: in_force

25-10-103. Definitions. As used in this article 10, unless the context otherwise requires:

(1) "Absorption system" means a leaching field and adjacent soils or other system for the treatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.

(2) "Applicant" means a person who submits an application for a permit for an on-site wastewater treatment system.

(3) "Cesspool" means an unlined or partially lined underground pit or underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. "Cesspool" does not include a septic tank.

(4) "Commission" means the water quality control commission created by section 25-8-201.

(5) "Department" means the department of public health and environment created by section 25-1-102.

(6) "Division" means the division of administration of the department.

(7) "Effluent" means the liquid flowing out of a component or device of an on-site wastewater treatment system.

(8) "Environmental health specialist" means a person trained in physical, biological, or sanitary science to carry out educational and inspectional duties in the field of environmental health.

(9) "Health officer" means the chief administrative and executive officer of a local public health agency, or the appointed health officer of the local board of health. "Health officer" includes a director of a local public health agency.

(10) "Local board of health" means any local, county, or district board of health.

(11) "Local public health agency" means any county, district, or municipal public health agency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.

(12) "On-site wastewater treatment system" or "OWTS" and, where the context so indicates, the term "system", means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.

(13) "Percolation test" means a subsurface soil test at the depth of a proposed absorption system or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.

(14) "Permit" means a permit for the construction or alteration, installation, and use or for the repair of an on-site wastewater treatment system.

(15) "Person" means an individual, partnership, firm, corporation, association, or other legal entity and also the state, any political subdivision thereof, or other governmental entity.

(16) "Professional engineer" means an engineer licensed in accordance with part 2 of article 120 of title 12.

(17) "Septage" means a liquid or semisolid that includes normal household wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. "Septage" may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). "Septage" does not include chemical toilet residuals.

(18) "Septic tank" means a watertight, accessible, covered receptacle designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.

(19) "Sewage" means a combination of liquid wastes that may include chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.

(20) "Sewage treatment works" has the same meaning as "domestic wastewater treatment works" under section 25-8-103.

(21) "Soil evaluation" means a percolation test, soil profile, or other subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.

(22) "Soil treatment area" means the physical location where final treatment and dispersal of effluent occurs. "Soil treatment area" includes drainfields and drip fields.

(23) "State waters" has the meaning set forth under section 25-8-103.

(24) "Systems cleaner" means a person engaged in and who holds himself or herself out as a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.

(25) "Systems contractor" means a person engaged in and who holds himself or herself out as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.
C.R.S. § 25-16-310 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-310
25-16-310. Enforceability of voluntary clean-up plans and no action determinations
Status: in_force

25-16-310. Enforceability of voluntary clean-up plans and no action determinations. (1) Voluntary clean-up plans are not enforceable against a property owner; except that, if the department can demonstrate that a property owner who initiated a voluntary clean-up under an approved plan has failed to fully and properly implement that plan, the department may require further action if the action is authorized by other laws or regulations of this state.

(2) Information provided by a property owner to support a voluntary clean-up plan or no action petition shall not provide the department with an independent basis to seek penalties from the property owner pursuant to state environmental statutes or regulations. If, pursuant to other state statutes or regulations, the department initiates an enforcement action against the property owner subsequent to the submission of a voluntary clean-up plan or no action petition regarding the contamination addressed in the plan or petition, the voluntary disclosure of the information in the plan or petition shall be considered by the enforcing authority to reduce or eliminate any penalties assessed to the property owner.
C.R.S. § 25-5-417 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-417
25-5-417. Misbranding of cosmetics
Status: in_force

25-5-417. Misbranding of cosmetics. (1) A cosmetic shall be deemed to be misbranded:

(a) If its labeling is false or misleading in any particular;

(b) If its labeling or packaging fails to conform with the requirements of section 25-5-419;

(c) If in package form, unless it bears a label containing the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, which statement shall be separately and accurately stated in a uniform location upon the principal display panel of the label; but, as to such terms of quantity required, reasonable variations shall be permitted and exemptions as to small packages shall be established by regulation prescribed by the department or under the federal act;

(d) If any word, statement, or other information required by or under authority of this part 4 to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(e) If its container is so made, formed, or filled as to be misleading;

(f) If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed in regulations under the provisions of the federal act. This paragraph (f) shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes as defined in section 25-5-416 (1)(a).

(2) A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed is exempted from the affirmative labeling requirements of this part 4 while it is in transit in commerce from one establishment to the other if such transit is made in good faith for such completion purposes only; but such cosmetic is otherwise subject to all applicable provisions of this part 4.