A Bill for an Act
Page 1, Line 101Concerning reducing the costs of regulation in Colorado.
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.)
Sections 1 and 2 of the bill prohibit a state agency from imposing a personal qualification requirement in order to engage in a profession or occupation unless the agency can show that the requirement is demonstrably necessary and narrowly tailored to address a specific, legitimate public health, safety, or welfare objective. On or before July 1, 2026, every agency must review occupational regulations and determine whether the regulation should be repealed or amended. Any person may file a petition with an agency requesting that an occupational regulation be repealed or amended. Regardless of whether a petition is filed with an agency, any person may file a civil suit requesting that the court enjoin the adoption or enforcement of an occupational regulation.
When an agency files a notice of proposed rule-making with the secretary of state, if the proposed rule-making includes a proposed occupational regulation, the agency must also submit a statement to the secretary of state describing how the proposed occupational regulation complies with the bill's requirements.
Section 3 repeals the industrial and manufacturing operations clean air grant program, the cannabis resource optimization cash fund, the community access to electric bicycles grant program, and the electrifying school buses grant program, which were enacted in 2022 by Senate Bill 22-193.
Section 4 repeals the energy code board and its associated model codes, an energy code training grant program, the building electrification for public buildings grant program, the high-efficiency electric heating and appliances grant program, and the clean air building investments fund, which were enacted in 2022 by House Bill 22-1362.
Section 5 repeals the air quality enterprise, which was enacted in 2020 by Senate Bill 20-204.
Section 6 repeals the environmental response surcharge, the perfluoroalkyl and polyfluoroalkyl substances cash fund, the perfluoroalkyl and polyfluoroalkyl substances grant program, the perfluoroalkyl and polyfluoroalkyl substances take-back program, and certain civil penalties for violations of certain air quality control regulations, which were enacted in 2020 by Senate Bill 20-218.
Section 7 repeals certain requirements, including requirements regarding fenceline monitoring and community-based monitoring of air toxics, for covered facilities, which requirements were enacted in 2021 by House Bill 21-1189.
Sections 8 through 20 make necessary conforming amendments.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add part 3 to article 4 of title 24 as follows:
Page 2, Line 3PART 3
RIGHT TO EARN A LIVING ACT
Page 2, Line 424-4-301. Short title.The short title of this part 3 is the
Page 2, Line 5"Colorado Right to Earn a Living Act".
Page 3, Line 124-4-302. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 2(a) The right of an individual to pursue a chosen
Page 3, Line 3profession or occupation, free from arbitrary or excessive
Page 3, Line 4government interference, is a natural, essential, and
Page 3, Line 5inalienable right under section 3 of article II of the state constitution;
Page 3, Line 6(b) The freedom to earn an honest living provides the surest means to achieve upward economic mobility;
Page 3, Line 7(c) Many state regulations affect entry into professions and occupations;
Page 3, Line 8(d) Some state regulations might exceed legitimate public
Page 3, Line 9purposes and have the effect of arbitrarily limiting entry into
Page 3, Line 10a profession or occupation and, as a result, reduce market competition; and
Page 3, Line 11(e) The burden of excessive regulation is borne most
Page 3, Line 12heavily by individuals outside the economic mainstream, for
Page 3, Line 13whom opportunities for economic advancement are consequently curtailed.
Page 3, Line 14(2) It is in the public interest to:
Page 3, Line 15(a) Ensure the right of all individuals to pursue
Page 3, Line 16legitimate entrepreneurial, professional, and occupational opportunities to the limits of their talent and ambition;
Page 3, Line 17(b) Provide the means of protecting this right; and
Page 3, Line 18(c) Ensure that every state regulation hindering entry
Page 3, Line 19into a profession or occupation is demonstrably necessary and
Page 3, Line 20narrowly tailored to achieving legitimate public health, safety, and welfare objectives.
Page 4, Line 124-4-303. Definitions.As used in this part 3, unless the context otherwise requires:
Page 4, Line 2(1) (a) "Least restrictive regulation" means an occupational regulation that:
Page 4, Line 3(I) Promotes market competition;
Page 4, Line 4(II) Relies on third-party or consumer-created ratings and reviews;
Page 4, Line 5(III) Utilizes private certification; and
(IV) Allows voluntary bonding or insurance.
Page 4, Line 6(b) "Least restrictive regulation" does not include:
(I) A registration, certification, or licensure;
Page 4, Line 7(II) An occupational license for medical reimbursement;
(III) Inspections;
Page 4, Line 8(IV) Bonding and insurance requirements;
Page 4, Line 9(V) Enforcement provisions granting a private cause of
Page 4, Line 10action or remedies under the "Colorado Consumer Protection Act", article 1 of title 6; or
Page 4, Line 11(VI) Mandatory disclosures of:
(A) Attributes of a specific good or service; or
Page 4, Line 12(B) Requirements concerning the process of providing a specific good or service.
Page 4, Line 13(2) "Occupational license" means a nontransferable and
Page 4, Line 14exclusive authorization in law establishing the personal qualifications required to engage in a profession or occupation.
Page 4, Line 15(3) "Occupational license for medical reimbursement"
Page 4, Line 16means a nontransferable authorization for an individual to
Page 5, Line 1qualify to receive payment or reimbursement from a government
Page 5, Line 2agency for the provision of medical services based on meeting one or more personal qualifications.
Page 5, Line 3(4) "Occupational regulation" means a rule, policy, fee,
Page 5, Line 4condition, test, permit, occupational license, registration or
Page 5, Line 5certification requirement, administrative practice, or other
Page 5, Line 6requirement of an agency establishing the personal
Page 5, Line 7qualifications necessary to engage in a profession or occupation.
Page 5, Line 8(5) "Personal qualification" means a criterion related to
Page 5, Line 9an individual's personal background and characteristics,
Page 5, Line 10including completion of an approved educational program,
Page 5, Line 11satisfactory performance on an examination, minimum work
Page 5, Line 12experience, evidence of attainment of requisite skills or
Page 5, Line 13knowledge, moral standing, criminal history, or completion of
Page 5, Line 14continuing education, that is necessary to engage in a profession or occupation.
Page 5, Line 15(6) "Welfare" means the protection of the public against
Page 5, Line 16fraud or harm. "Welfare" does not include the protection of an
Page 5, Line 17individual, corporation, partnership, business, industry,
Page 5, Line 18association, organization, or agency, whether publicly or
Page 5, Line 19privately owned, against market competition. The definition of welfare shall be narrowly construed.
Page 5, Line 2024-4-304. Limitation on occupational regulations. (1) An
Page 5, Line 21agency shall not adopt or administer an occupational
Page 5, Line 22regulation unless the specific regulation is demonstrably
Page 5, Line 23necessary and narrowly tailored to achieve a specific, legitimate public health, safety, or welfare objective.
Page 6, Line 1(2) In accordance with section 24-4-103 (2.9), when an
Page 6, Line 2agency files a notice of proposed rule-making with the
Page 6, Line 3secretary of state, if the proposed rule-making includes a
Page 6, Line 4proposed occupational regulation, the agency must include a statement that:
Page 6, Line 5(a) Describes how the proposed occupational regulation complies with subsection (1) of this section; and
Page 6, Line 6(b) Identifies the specific public health, safety, or welfare objective necessitating the proposed occupational regulation.
Page 6, Line 724-4-305. Agency review of occupational regulations - repeal
Page 6, Line 8or amend regulations - report to general assembly - repeal. (1) On or
Page 6, Line 9before July 1, 2026, each agency shall conduct a comprehensive
Page 6, Line 10review of all occupational regulations adopted or administered
Page 6, Line 11by the agency. The comprehensive review must include gathering the following information for each occupational regulation:
Page 6, Line 12(a) The specific public health, safety, or welfare objectives of the occupational regulation;
Page 6, Line 13(b) The reasons why the occupational regulation is necessary to meet the specified objectives;
Page 6, Line 14(c) The occupational regulation's impact on employment
Page 6, Line 15opportunities, consumer choices and costs, market competition, and governmental costs;
Page 6, Line 16(d) A comparison of the occupational regulation to similar occupational regulations of other states; and
Page 6, Line 17(e) If the occupational regulation is required by law, the
Page 6, Line 18specific statutory provisions authorizing or requiring the occupational regulation.
Page 7, Line 1(2) Following the review required by subsection (1) of this section:
Page 7, Line 2(a) If the agency determines that an occupational
Page 7, Line 3regulation does not satisfy the standard described in section
Page 7, Line 424-4-304 (1) and the regulation is not required by law, the
Page 7, Line 5agency shall repeal or otherwise cease administration of the
Page 7, Line 6occupational regulation or amend the occupational regulation
Page 7, Line 7to conform with the standard described in section 24-4-304 (1); and
Page 7, Line 8(b) If the agency determines that an occupational
Page 7, Line 9regulation does not satisfy the standard described in section
Page 7, Line 1024-4-304 (1) but is required by law, the agency shall recommend
Page 7, Line 11to the general assembly legislation to repeal or amend the
Page 7, Line 12statutory occupational requirements to conform to the standard described in section 24-4-304 (1).
Page 7, Line 13(3) On or before January 1, 2027, every agency shall
Page 7, Line 14prepare and submit a report to the members of the general assembly stating the actions taken to conform with this section.
Page 7, Line 15(4) This section is repealed, effective July 1, 2029.
Page 7, Line 1624-4-306. Petition objecting to an occupational regulation.A
Page 7, Line 17person may file a petition with an agency requesting the repeal
Page 7, Line 18of, an amendment to, or the cessation of administration of an
Page 7, Line 19occupational regulation adopted or administered by the agency
Page 7, Line 20on the grounds that the occupational regulation does not
Page 7, Line 21conform to the standard described in section 24-4-304 (1). The
Page 7, Line 22petition must state the specific challenged occupational
Page 8, Line 1regulation. If the petition requests that the occupational
Page 8, Line 2regulation be amended and not repealed, the petition must
Page 8, Line 3precisely state the proposed amendment. The agency shall act on the petition in accordance with section 24-4-103 (7)(b).
Page 8, Line 424-4-307. Right of civil action objecting to occupational
Page 8, Line 5regulation. (1) Regardless of whether a petition is filed pursuant
Page 8, Line 6to section 24-4-306, a person may file a civil action in district
Page 8, Line 7court challenging the adoption or enforcement of an occupational regulation.
Page 8, Line 8(2) In a civil action filed in accordance with subsection (1) of this section, a plaintiff prevails if:
Page 8, Line 9(a) The plaintiff proves by a preponderance of the
Page 8, Line 10evidence that the challenged occupational regulation imposes a burden on entry to a profession or occupation; and
Page 8, Line 11(b) The defendant does not prove by a preponderance of the evidence that:
Page 8, Line 12(I) The occupational regulation is specifically required by law; or
Page 8, Line 13(II) (A) The challenged occupational regulation is
Page 8, Line 14demonstrably necessary and narrowly tailored to achieve a
Page 8, Line 15specific, legitimate public health, safety, or welfare objective; and
Page 8, Line 16(B) The challenged occupational regulation is the least restrictive regulation.
Page 8, Line 17(3) If the plaintiff prevails, the court shall enjoin the
Page 8, Line 18enforcement of the challenged occupational regulation and
Page 8, Line 19shall award the plaintiff reasonable attorney fees and costs.
Page 9, Line 1SECTION 2. In Colorado Revised Statutes, 24-4-103, amend
Page 9, Line 2(6)(a), (7), (8.1)(b)(IX), and (8.1)(b)(X); and add (2.9) and (8.1)(b)(XI) as follows:
Page 9, Line 324-4-103. Rule-making - procedure - definitions - statutory
Page 9, Line 4citation correction - repeal. (2.9) At the time of filing a notice of
Page 9, Line 5proposed rule-making with the secretary of state, if the
Page 9, Line 6proposed rule-making includes a proposed occupational
Page 9, Line 7regulation, as defined in section 24-4-303 (4), the agency shall
Page 9, Line 8also submit a statement that describes how the proposed
Page 9, Line 9occupational regulation complies with section 24-4-304 (1) and
Page 9, Line 10identifies the specific public health, safety, or welfare objective necessitating the proposed occupational regulation.
Page 9, Line 11(6) (a) A temporary or emergency rule may be adopted without
Page 9, Line 12compliance with the procedures prescribed in subsection (4) of this
Page 9, Line 13section and with less than the twenty days' notice prescribed in subsection
Page 9, Line 14(3) of this section, or where circumstances imperatively require, without
Page 9, Line 15notice, only if the agency finds that immediate adoption of the rule is
Page 9, Line 16imperatively necessary to comply with a state or federal law or federal
Page 9, Line 17regulation or for the preservation of public health, safety, or welfare and
Page 9, Line 18compliance with the requirements of this section would be contrary to the
Page 9, Line 19public interest and makes
such aSuchPage 9, Line 20agency shall publish the findings and a statement of the reasons for
Page 9, Line 21the action
shall be publishedPage 9, Line 22rule may be adopted without compliance with subsections (2.5),
andPage 9, Line 23and (2.9) of this section, but
shallPage 9, Line 24without compliance with
suchandPage 9, Line 25temporary or emergency rule
shall becomePage 10, Line 1adoption or on such later date as is stated in the rule, shall be published
Page 10, Line 2promptly, and
shall havePage 10, Line 3days after its adoption or for such shorter period as may be specifically
Page 10, Line 4provided by the statute governing
suchPage 10, Line 5temporary or emergency rule is made permanent by compliance with subsections (3) and (4) of this section.
Page 10, Line 6(7) (a)
Anyshall have the right toPage 10, Line 7petition for the issuance, amendment, or repeal of a rule.
SuchPage 10, Line 8petition
shallsuchPage 10, Line 9petition
shall bePage 10, Line 10agency undertakes rule-making on any matter, the agency shall
Page 10, Line 11consider and act upon all related petitions for the issuance,
Page 10, Line 12amendment, or repeal of rules on
suchshall be considered and acted uponPage 10, Line 13(b) If a petition is filed with an agency pursuant to section
Page 10, Line 1424-4-306, the agency shall, within ninety days after the date the petition is filed:
Page 10, Line 15(I) Repeal the occupational regulation, as defined in section 24-4-303 (4), that is the subject of the petition;
Page 10, Line 16(II) Amend the occupational regulation so that the
Page 10, Line 17occupational regulation conforms to the standard described in section 24-4-304 (1);
Page 10, Line 18(III) Cease administration of the occupational regulation; or
Page 10, Line 19(IV) Issue a statement explaining how the occupational
Page 10, Line 20regulation conforms to the standard described in section
Page 10, Line 2124-4-304 (1) or is required by law.
(8.1) (b) The agency rule-making record must contain:
Page 11, Line 1(IX) A copy of any filed executive order with respect to the rule;
andPage 11, Line 2(X) A copy of any information provided to the director pursuant
Page 11, Line 3to
paragraph (c) of subsection (2.7)Page 11, Line 4(XI) If the rule-making includes an occupational
Page 11, Line 5regulation, as defined in section 24-4-303 (4), a copy of the statement required by subsection (2.9) of this section.
Page 11, Line 6SECTION 3. In Colorado Revised Statutes, repeal 24-38.5-116,
Page 11, Line 724-38.5-117, 24-38.5-120 (3)(b)(II)(B), part 5 of article 38.5 of title 24, part 14 of article 7 of title 25, and 39-22-551 (3)(c)(II).
Page 11, Line 8SECTION 4. In Colorado Revised Statutes, repeal 12-115-107
Page 11, Line 9(3), 24-30-1303 (1)(ff)(I), 24-32-3305 (3.5)(a)(II), 24-33.5-1203
Page 11, Line 10(1)(y)(I)(B), 24-33.5-1236 (4)(c)(I)(C) and (4)(c)(II), part 4 of article 38.5 of title 24, 30-28-211 (3.5)(b), and 31-15-602 (3.5)(b).
Page 11, Line 11SECTION 5. In Colorado Revised Statutes, repeal 24-1-119 (17), 24-34-104 (35)(a)(IV), and 25-7-103.5.
Page 11, Line 12SECTION 6. In Colorado Revised Statutes, repeal 8-20-206.5 (6)
Page 11, Line 13and (7); 25-5-1302 (3.3), (3.5), (3.7), (5.5), (5.7), and (8); 25-5-1310; 25-5-1311; 25-5-1312; and 25-7-122 (1)(f), (1)(g), and (1)(h).
Page 11, Line 14SECTION 7. In Colorado Revised Statutes, repeal 25-7-109.5 (1)(i)(II); 25-7-141; and 25-7-146 (2)(a)(II), (2)(a)(III), (4)(b), and (4)(e).
Page 11, Line 15SECTION 8. In Colorado Revised Statutes, 24-32-3305, amend (3)(a) introductory portion and (3.5)(a)(I) as follows:
Page 11, Line 1624-32-3305. Rules - advisory committee - enforcement.
Page 11, Line 17(3) (a)
Except when adopting an energy code pursuant to subsection (3.5)Page 12, Line 1
of this section,mustPage 12, Line 2of an advisory committee on factory-built structures and tiny homes in the
Page 12, Line 3drafting and
promulgationPage 12, Line 4fifteen members appointed by the division from the following professional and technical disciplines:
Page 12, Line 5(3.5) (a) (I)
On or before January 1, 2025,Page 12, Line 6and enforce an energy code that achieves equivalent or better energy
Page 12, Line 7performance than the 2021 international energy conservation code.
andPage 12, Line 8
the model electric ready and solar ready code language developed forPage 12, Line 9
adoption by the energy code board pursuant to section 24-38.5-401 (5).Page 12, Line 10This energy code must apply to factory-built structures and hotels, motels,
Page 12, Line 11and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
Page 12, Line 12SECTION 9. In Colorado Revised Statutes, 24-33.5-1203, amend (1)(y)(I)(A) as follows:
Page 12, Line 1324-33.5-1203. Duties of division. (1) The division shall perform the following duties:
Page 12, Line 14(y) (I) (A)
On or before January 1, 2025,Page 12, Line 15and enforce an energy code that achieves equivalent or better energy
Page 12, Line 16performance than the 2021 international energy conservation code.
andPage 12, Line 17
the model electric ready and solar ready code language developed forPage 12, Line 18
adoption by the energy code board pursuant to section 24-38.5-401 (5).Page 12, Line 19This energy code must apply to the buildings described in sections 22-32-124 (2), 23-71-122 (1)(v), and 24-33.5-1212.5.
Page 12, Line 20SECTION 10. In Colorado Revised Statutes, 30-28-211, amend (3.5)(a), (3.5)(c)(I), and (5) introductory portion as follows:
Page 12, Line 2130-28-211. Energy efficient building codes - legislative
Page 13, Line 1declaration - definitions. (3.5) (a) A board of county commissioners that
Page 13, Line 2has adopted and enforced one or more building codes, and that updates
Page 13, Line 3one or more building codes on or after July 1, 2023, and before July 1,
Page 13, Line 42026, shall adopt and enforce an energy code that achieves equivalent or
Page 13, Line 5better energy performance than the 2021 international energy
Page 13, Line 6conservation code
and the model electric ready and solar ready codePage 13, Line 7
language developed for adoption by the energy code board pursuant toPage 13, Line 8
section 24-38.5-401 (5)Page 13, Line 9(c) (I) Notwithstanding
subsections (3.5)(a) and (3.5)(b)Page 13, Line 10subsection (3.5)(a) of this section, a board of county commissioners
Page 13, Line 11representing a rural county is required to adopt and enforce an energy
Page 13, Line 12code that achieves equivalent or better energy performance than one of
Page 13, Line 13the last three most recent editions of the international energy conservation
Page 13, Line 14code rather than
eitherPage 13, Line 15energy performance than the 2021 international energy conservation code
Page 13, Line 16
and the model electric ready and solar ready code language identified forPage 13, Line 17
adoption by the energy code board pursuant to section 24-38.5-401 (5) orPage 13, Line 18
an energy code that achieves equivalent or better energy and carbonPage 13, Line 19
emissions performance than the model low energy and carbon codePage 13, Line 20
identified for adoption by the energy code board pursuant to sectionPage 13, Line 21
24-38.5-401 (6) if, while the grant program established pursuant toPage 13, Line 22
section 24-38.5-403 is accepting applications,Page 13, Line 23commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.
Page 13, Line 24(5) The following buildings are exempt from
subsections (3) andPage 13, Line 25
(3.5)Page 14, Line 1SECTION 11. In Colorado Revised Statutes, 31-15-602, amend (3.5)(a) and (5) introductory portion as follows:
Page 14, Line 231-15-602. Energy efficient building codes - legislative
Page 14, Line 3declaration - definitions - repeal. (3.5) (a) The governing body of a
Page 14, Line 4municipality that has adopted and enforced one or more building codes,
Page 14, Line 5and that updates one or more building codes on or after July 1, 2023, and
Page 14, Line 6before July 1, 2026, shall adopt and enforce an energy code that achieves
Page 14, Line 7equivalent or better energy performance than the 2021 international
Page 14, Line 8energy conservation code
and the model electric ready and solar readyPage 14, Line 9
code language developed for adoption by the energy code board pursuantPage 14, Line 10
to section 24-38.5-401 (5)Page 14, Line 11(5) The following buildings are exempt from
subsections (3), (3.5), and (4)Page 14, Line 12SECTION 12. In Colorado Revised Statutes, 8-20-206.5, amend (8)(a) and (8)(b) as follows:
Page 14, Line 138-20-206.5. Liquefied petroleum gas and natural gas
Page 14, Line 14inspection fund - hazardous materials infrastructure cash fund - fuels
Page 14, Line 15impact reduction grant program - definitions. (8) (a) In addition to the
Page 14, Line 16payments collected under
subsections (1)(a) and (6)Page 14, Line 17of this section, beginning September 1, 2023, the fuels impact enterprise
Page 14, Line 18created in section 43-4-1503 shall impose a fuels impact reduction fee,
Page 14, Line 19the executive director of the department of revenue shall collect the fee
Page 14, Line 20on behalf of the fuels impact enterprise, and the state treasurer shall credit
Page 14, Line 21an amount of the fee revenue to the department of revenue to cover the costs of collecting the fee.
Page 14, Line 22(b) (I) On and after September 1, 2023, every manufacturer of fuel
Page 15, Line 1products
whoPage 15, Line 2or
whoPage 15, Line 3a distributor within Colorado and every distributor
whoPage 15, Line 4products from any point outside of Colorado to a point within Colorado
Page 15, Line 5shall pay to the executive director of the department of revenue six
Page 15, Line 6thousand one hundred twenty-five millionths of a dollar per gallon of fuel
Page 15, Line 7products delivered during the previous calendar month for sale or use in
Page 15, Line 8Colorado or a lesser amount determined by the fuels impact enterprise.
Page 15, Line 9The distributor shall pay this fee on a per-gallon basis and at the same
Page 15, Line 10time and on the same form as the fees collected pursuant to
subsections (1) and (6)Page 15, Line 11(II) As used in this subsection (8)(b), "distributor" means the
Page 15, Line 12person that remits the applicable state fee imposed pursuant to subsection (1)
or (6)Page 15, Line 13SECTION 13. In Colorado Revised Statutes, 25-7-122, amend (1)(b) introductory portion as follows:
Page 15, Line 1425-7-122. Civil penalties - rules - definitions. (1) Upon
Page 15, Line 15application of the division, the division may collect penalties as
Page 15, Line 16determined under this article 7 by instituting an action in the district court
Page 15, Line 17for the district in which the air pollution source affected is located, in accordance with the following provisions:
Page 15, Line 18(b) Any person who violates any requirement or prohibition of a
Page 15, Line 19final order of the division or commission, an applicable emission control
Page 15, Line 20regulation of the commission, the state implementation plan, a
Page 15, Line 21construction permit, any provision for the prevention of significant
Page 15, Line 22deterioration under part 2 of this article 7, any provision related to
Page 15, Line 23attainment under part 3 of this article 7, or any provision of or
Page 16, Line 1commission rule adopted pursuant to section 25-7-105, 25-7-106,
Page 16, Line 225-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112,
Page 16, Line 325-7-113, 25-7-114.2, 25-7-114.5, 25-7-118,
25-7-141,Page 16, Line 425-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403, 42-4-404,
Page 16, Line 542-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject
Page 16, Line 6to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:
Page 16, Line 7SECTION 14. In Colorado Revised Statutes, 12-115-107, amend (2)(a)(II) as follows:
Page 16, Line 812-115-107. Board powers and duties - rules - definition.
Page 16, Line 9(2) In addition to all other powers and duties conferred or imposed upon the board by this article 115, the board is authorized to:
Page 16, Line 10(a) (II) In the event of a conflict between the 2021 international
Page 16, Line 11energy conservation code, the 2024 international energy conservation
Page 16, Line 12code,
the model electric ready and solar ready code developed by thePage 16, Line 13
energy code board pursuant to section 24-38.5-401 (5),Page 16, Line 14codes adopted by either a local government or divisions in the executive
Page 16, Line 15branch of state government and the national electrical code or the
Page 16, Line 16standards adopted by the board pursuant to this subsection (2)(a), the
Page 16, Line 17national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.
Page 16, Line 18SECTION 15. In Colorado Revised Statutes, 12-155-106, amend (4.5) as follows:
Page 16, Line 1912-155-106. Colorado plumbing code - amendments -
Page 16, Line 20variances - Colorado fuel gas code. (4.5) In the event of a conflict
Page 16, Line 21between the 2021 international energy conservation code, the 2024
Page 16, Line 22international energy conservation code,
the model electric ready and solarPage 17, Line 1
ready code developed by the energy code board pursuant to sectionPage 17, Line 2
24-38.5-401 (5),Page 17, Line 3government or divisions in the executive branch of state government and the Colorado plumbing code, the Colorado plumbing code prevails.
Page 17, Line 4SECTION 16. In Colorado Revised Statutes, 24-38.5-102, amend (1)(e) as follows:
Page 17, Line 524-38.5-102. Colorado energy office - duties and powers - definitions. (1) The Colorado energy office shall:
Page 17, Line 6(e) Support the adoption and implementation of advanced energy
Page 17, Line 7codes that reduce energy use and greenhouse gas emissions and provide
Page 17, Line 8information and technical assistance concerning the implementation and
Page 17, Line 9enforcement of energy codes to both counties and municipalities,
Page 17, Line 10including as specified in sections 24-38.5-103
24-38.5-401, 24-38.5-402,Page 17, Line 11SECTION 17. In Colorado Revised Statutes, 24-38.5-120, amend (3)(b)(II)(A) as follows:
Page 17, Line 1224-38.5-120. Decarbonization tax credits administration cash
Page 17, Line 13fund - definitions - repeal. (3) (b) (II) As used in this subsection (3)(b), unless the context otherwise requires:
Page 17, Line 14(A) "Administrative costs" means the amount of money expended
Page 17, Line 15from the
respective cash fundsPage 17, Line 16created in section 24-38.5-118 (7) by the office and the department for
Page 17, Line 17the administration and implementation of certain income tax credits, as
Page 17, Line 18provided for in
sections 24-38.5-116 (6)(b)(II), 24-38.5-118 (7)(d),Page 17, Line 19
24-38.5-506 (2)(b), and of the temporary specific ownership tax ratePage 17, Line 20
reduction for electric medium-duty and heavy-duty trucks that are part ofPage 17, Line 21
a fleet as provided for in section 25-7-1405 (2)(b)Page 18, Line 1SECTION 18. In Colorado Revised Statutes, 24-38.5-122, amend (3)(c)(I)(D) as follows:
Page 18, Line 224-38.5-122. Carbon management roadmap - creation -
Page 18, Line 3requirements - report - definitions - repeal. (3) The roadmap must identify:
Page 18, Line 4(c) (I) Policies and incentives that would:
Page 18, Line 5(D) Catalyze private investment and market development in
Page 18, Line 6carbon management by applying gap funding or other support for carbon
Page 18, Line 7management projects involving private sector providers and buyers, by
Page 18, Line 8identifying relevant public, private, and nonprofit project funding sources,
Page 18, Line 9and by prioritizing funding for projects;
that are ineligible for fundingPage 18, Line 10
under the industrial and manufacturing operations clean air grant program created in section 24-38.5-116 (3)(a);Page 18, Line 11SECTION 19. In Colorado Revised Statutes, 25-7-109.5, amend (5)(a) as follows:
Page 18, Line 1225-7-109.5. Toxic air contaminants - annual toxic emissions
Page 18, Line 13reporting program - monitoring program - health-based standards
Page 18, Line 14- emission control regulations - air toxics permitting program
Page 18, Line 15assessment - rules - definitions. (5) Toxic air contaminant monitoring
Page 18, Line 16program - reporting - rules. (a) Beginning no later than January 1,
Page 18, Line 172024,
in addition to the fenceline monitoring program established underPage 18, Line 18
section 25-7-141 (5) and the community-based monitoring programPage 18, Line 19
established under section 25-7-141 (6),Page 18, Line 20begin to conduct a monitoring program to determine the concentrations of toxic air contaminants in the ambient air of the state.
Page 18, Line 21SECTION 20. In Colorado Revised Statutes, 25-8-901, amend (13) as follows:
Page 19, Line 125-8-901. Definitions. As used in this part 9, unless the context otherwise requires:
Page 19, Line 2(13) "Relevant languages"
has the meaning set forth in sectionPage 19, Line 3
25-7-141 (2)(o)Page 19, Line 4in the relevant area, as identified in the latest American community survey published by the federal census bureau.
Page 19, Line 5SECTION 21. Act subject to petition - effective date. This act
Page 19, Line 6takes effect at 12:01 a.m. on the day following the expiration of the
Page 19, Line 7ninety-day period after final adjournment of the general assembly; except
Page 19, Line 8that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 19, Line 9of the state constitution against this act or an item, section, or part of this
Page 19, Line 10act within such period, then the act, item, section, or part will not take
Page 19, Line 11effect unless approved by the people at the general election to be held in
Page 19, Line 12November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.