CO Code § 8-83-503 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 83 - Work Force Development|Part 5 - Just Transition Support for Coal-Related Jobs|§ 8-83-503. Just Transition Office - Advisory Committee - Repeal

  There is hereby created within the division a just transition office. The office shall exercise its powers and perform its duties and functions under the department as if the office were transferred to the department by a type 2 transfer as defined in section 24-1-105.    The director of the division shall appoint the director of the office. The director shall manage the operations of the office.    It is the purpose of the office to:   Identify or estimate, to the extent practicable, the timing and location of facility closures and job layoffs in coal-related industries and their impact on affected workers, businesses, and coal transition communities and make recommendations to the just transition advisory committee, as part of its work outlined in subsection (6) of this section, as to how the office can most effectively respond to these economic dislocations;    Provide administrative, logistical, research, and policy support to the just transition advisory committee's work as outlined in subsection (6) of this section; and    Participate in the department's presentation to the general assembly during the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” hearings, held pursuant to part 2 of article 7 of title 2, regarding requirements for financing components of the just transition plan, the administration of this part 5, and the expected results.       Based on the draft just transition plan recommended by the advisory committee pursuant to subsection (6) of this section, and with the approval of the executive director of the department and the executive director of the department of local affairs, on or before December 31, 2020, the director shall submit to the governor and the general assembly a final just transition plan for Colorado. This final plan must include, at a minimum:   Benefits, grants, and other components that the office, the department, or the department of local affairs shall coordinate and implement under existing authority;    Benefits, grants, and other components that require additional legislative authority to implement;    Sources of funding that may be accessed from federal, state, local, and other sources without additional legislative authority or approval; and    Sources of funding that require legislative or voter approval.       To further the purposes of the office created in this part 5, the director shall engage in relevant administrative proceedings, such as matters before the public utilities commission and the air quality control commission.      There is hereby created the just transition advisory committee to develop and recommend a just transition plan for the state of Colorado.    On or before July 1, 2020, the advisory committee shall present a draft just transition plan to the executive director of the department and the executive director of the department of local affairs.    In developing the draft just transition plan, the advisory committee shall consider options to:   Align and target local, state, and federal resources and leverage additional resources to invest in communities and workers whose coal-related industries are subject to significant economic transition;    Align and target existing local, state, and federal programming and establish additional programming to support communities and workers whose coal-related industries are subject to significant economic transition;    Establish benefits for coal transition workers, including consideration of:   Benefits similar in type, amount, and duration to federal benefits available pursuant to 20 CFR 617.20 to 617.49; and    Wage differential benefits for affected workers, including consideration of eligibility and the duration of the benefits;       Educate dislocated workers, in collaboration with employers of dislocated workers and relevant labor unions, regarding how to apply for just transition benefits; and    Establish and structure a grant program and other potential programmatic support for coal transition communities and organizations that support coal transition communities, including eligible entities.       In developing the draft just transition plan, the advisory committee shall identify and consider:   The projected short-term and long-term costs and benefits to the state of each plan component, including worker benefits, grant programs, and other supports;    Potential sources for sustainable short-term and long-term funding for a just transition plan and its components;    The potential fiscal, economic, workforce, and other implications of extending components of the just transition plan to other sectors and industries affected by similar economic disruptions; and    Which components of the just transition plan can be implemented by the departments under existing authority and which require additional legislation.       The advisory committee consists of the following members:   Ex officio members as follows:   The executive director of the department of labor and employment or a designee;    The director of the office of economic development or a designee;    The director of the Colorado energy office or a designee;    The executive director of the department of local affairs or a designee; and    A representative of the office of the governor;       One member of the senate, appointed by the president of the senate, and one member of the house of representatives, appointed by the speaker of the house of representatives; and    The following members appointed by the director:   Three representatives of coal transition workers;    Three representatives from coal transition communities;    Two representatives with professional economic development or workforce retraining experience;    Two representatives of disproportionately impacted communities; and    Two representatives of utilities that, on May 28, 2019, operated a coal-fueled electric generating unit.          The term of appointment or designation is four years; except that the initial term of members appointed pursuant to subsection (6)(e)(II) of this section is two years and the initial term of members appointed pursuant to subsection (6)(e)(III) of this section is three years. Each legislative member is entitled to receive payment of a per diem and reimbursement for actual and necessary expenses as authorized in section 2-2-326, appointed members are entitled to the same per diem and expense reimbursement, and ex officio members are entitled to the same expense reimbursement; except that all payments authorized by this subsection (6)(f) are at a rate fifty percent less than that authorized by law.    The advisory committee shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the advisory committee. The advisory committee shall meet at least once every quarter. The chair may call such additional meetings as are necessary for the advisory committee to complete its duties.    The advisory committee may engage additional nonvoting members or advisors to provide additional expertise as needed.    This subsection (6) is repealed, effective September 1, 2025. Before the repeal, this subsection (6) is scheduled for review in accordance with section 2-3-1203.       The office, in consultation with the advisory committee, shall develop a proposed long-term budget to adequately finance the just transition plan. The office shall submit the proposed budget to the executive director of the department no later than July 1, 2022. The budget must include financing options from state, federal, and other sources. The department shall consider the proposed budget as part of its budget proposal for state fiscal year 2023-24.      History. Source: L. 2019: Entire part added,(HB 19-1314), ch. 323, p. 2989, § 1, effective May 28. L. 2021: (7) added,(HB 21-1266), ch. 411, p. 2750, § 19, effective July 2.    Editor's note:   Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.   Cross references:    Subsection (6)(c)(III)(A) refers to 20 CFR 617.20 to 617.49. The United States department of labor promulgated a rule consolidating 20 CFR 617, 20 CFR 618, and 20 CFR 90 into 20 CFR 618, effective September 21, 2020.    For the short title (“Environmental Justice Act”) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.