A Bill for an Act
Page 1, Line 101Concerning requiring public accessibility of stationary
Page 1, Line 102source emissions records.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, the air quality control commission is tasked with developing an effective air quality control program (program), including adopting rules necessary to carry out the program.
The bill requires a person that owns, leases, operates, controls, or supervises (owner or operator) a building, structure, facility, or installation that emits or may emit an air pollutant (stationary source) to maintain records that will help the public determine whether the owner or operator is in compliance with rules establishing applicable air quality control regulations (records). The bill requires an owner or operator of a stationary source to make the records publicly available and accessible through a link on the owner or operator's public website.
The department of public health and environment is required to include a link on its website directing members of the public to the website of an owner or operator where the records are available.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) Congress enacted the "Clean Air Act" in 1963 when electronic and digital business records were nonexistent;
Page 2, Line 4(b) Colorado continues to suffer from high levels of air pollution
Page 2, Line 5and, in the summer of 2024, exceeded the United States environmental protection agency's ozone limits for 40 days;
Page 2, Line 6(c) In May of 2023, the United States environmental protection
Page 2, Line 7agency issued a limited disapproval of Colorado's state implementation
Page 2, Line 8plan after finding that Colorado's practice of providing emission records
Page 2, Line 9to the state only on request did not sufficiently allow practical public
Page 2, Line 10access to information necessary to determine compliance with the "Clean Air Act";
Page 2, Line 11(d) In July of 2023, Colorado's attorney general filed a petition
Page 2, Line 12with the United States court of appeals for the tenth circuit for review of the United States environmental protection agency's disapproval;
Page 2, Line 13(e) The case will likely be settled, and Colorado will be allowed
Page 2, Line 14to continue its current practice of making air pollution records available
Page 2, Line 15to the state upon request, but not making the records accessible to the
Page 2, Line 16public;
Page 3, Line 1(f) Air pollution emissions travel from a polluter's private property into the air of other private property owners and into public spaces;
Page 3, Line 2(g) People have a right to know what pollutants and discharges are emitted into the air they breathe and onto the property they own;
Page 3, Line 3(h) Pollution records are now kept in easily accessible electronic
Page 3, Line 4and digital formats that were unknown when congress enacted the "Clean Air Act";
Page 3, Line 5(i) The cost of electronic database storage for records is nominal, ranging from one cent to 20 cents per gigabyte; and
Page 3, Line 6(j) It is in the public interest and supports the health and welfare
Page 3, Line 7of Colorado residents to require that pollution records be both available to the state for inspection and accessible to the public.
Page 3, Line 8SECTION 2. In Colorado Revised Statutes, add 25-7-109.7 as follows:
Page 3, Line 925-7-109.7. Emissions records - public accessibility - rules.
Page 3, Line 10(1) Rules.The commission shall adopt rules that are necessary to implement this section.
Page 3, Line 11(2) Record-keeping.An owner or operator shall maintain records of:
Page 3, Line 12(a) Information on the nature and amount of emissions released from the owner or operator's stationary source; and
Page 3, Line 13(b) Other information that the commission determines is
Page 3, Line 14necessary to enable the public to determine whether the
Page 3, Line 15stationary source is in compliance with applicable emission
Page 3, Line 16control regulations adopted by the commission pursuant to section 25-7-109.
Page 3, Line 17(3) Public accessibility of records. (a) An owner or operator
Page 4, Line 1shall make the records described in subsection (2) of this section
Page 4, Line 2publicly available and accessible through a link on the owner
Page 4, Line 3or operator's public website. The owner or operator shall maintain the records in a digital format that is downloadable.
Page 4, Line 4(b) An owner or operator shall update the records
Page 4, Line 5maintained on the owner or operator's public website pursuant to subsection (3)(a) of this section on a monthly basis.
Page 4, Line 6(c) The records may be redacted to protect confidential business information.
Page 4, Line 7(d) The department of public health and environment
Page 4, Line 8shall include a link on its website that directs a member of the
Page 4, Line 9public to the public website of an owner or operator where the records are available.
Page 4, Line 10SECTION 3. In Colorado Revised Statutes, 25-7-122, amend (1)(b) introductory portion as follows:
Page 4, Line 1125-7-122. Civil penalties - rules - definitions. (1) Upon
Page 4, Line 12application of the division, the division may collect penalties as
Page 4, Line 13determined under this article 7 by instituting an action in the district court
Page 4, Line 14for the district in which the air pollution source affected is located, in accordance with the following provisions:
Page 4, Line 15(b) Any person who violates any requirement or prohibition of a
Page 4, Line 16final order of the division or commission, an applicable emission control
Page 4, Line 17regulation of the commission, the state implementation plan, a
Page 4, Line 18construction permit, any provision for the prevention of significant
Page 4, Line 19deterioration under part 2 of this article 7, any provision related to
Page 4, Line 20attainment under part 3 of this article 7, or any provision of or
Page 4, Line 21commission rule adopted pursuant to section 25-7-105, 25-7-106,
Page 5, Line 125-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-109.7, 25-7-111,
Page 5, Line 225-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141,
Page 5, Line 325-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403,
Page 5, Line 442-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or
Page 5, Line 542-4-414 is subject to a civil penalty of not more than forty-seven
Page 5, Line 6thousand three hundred fifty-seven dollars per day for each day of the violation; except that:
Page 5, Line 7SECTION 4. Act subject to petition - effective date. This act
Page 5, Line 8takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 9ninety-day period after final adjournment of the general assembly; except
Page 5, Line 10that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 11of the state constitution against this act or an item, section, or part of this
Page 5, Line 12act within such period, then the act, item, section, or part will not take
Page 5, Line 13effect unless approved by the people at the general election to be held in
Page 5, Line 14November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.