Senate Committee of Reference Report
Committee on Transportation & Energy
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April 13, 2026
After consideration on the merits, the Committee recommends the following:
SB26-101 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Legislative declaration. (1) The general
Page 1, Line 4assembly finds and declares that:
Page 1, Line 5(a) On December 18, 2025, the air quality control commission in
Page 1, Line 6the department of public health and environment adopted Regulation
Page 1, Line 7Number 31, "Control of Methane Emissions from Municipal Solid Waste
Page 1, Line 8Landfills", 5 CCR 1001-35, to reduce methane emissions and other air
Page 1, Line 9pollutants from municipal solid waste landfills;
Page 1, Line 10(b) Regulation Number 31 requires municipal solid waste landfills
Page 1, Line 11to reduce methane emissions through the installation and operation of gas
Page 1, Line 12collection and control systems and improved monitoring and gas
Page 1, Line 13management, thereby supporting cleaner air and lowering greenhouse gas
Page 1, Line 14emissions; and
Page 1, Line 15(c) Compliance with Regulation Number 31 may impose a
Page 1, Line 16financial burden on some entities that own or operate municipal solid
Page 1, Line 17waste landfills.
Page 1, Line 18(2) The general assembly further finds and declares that:
Page 1, Line 19(a) The community impact cash fund was created in section
Page 1, Line 2025-7-129, Colorado Revised Statutes, to provide financial assistance for
Page 1, Line 21environmental mitigation projects through the environmental justice grant
Page 1, Line 22program using air quality-related penalty revenue. The community impact
Page 1, Line 23cash fund is an existing source of state financial assistance intended to
Page 1, Line 24address impacts of air and water quality to local communities and
Page 1, Line 25infrastructures.
Page 1, Line 26(b) The local government mineral impact fund, created in section
Page 1, Line 2734-63-102 (5), Colorado Revised Statutes, consists of money that is
Page 2, Line 1distributed by the executive director of the department of local affairs to
Page 2, Line 2counties, federal mineral lease districts, and municipalities in accordance
Page 2, Line 3with guidelines established by the executive director in consultation with
Page 2, Line 4the energy impact assistance advisory committee;
Page 2, Line 5(c) It is the intent of the general assembly that money in the
Page 2, Line 6community impact cash fund and local government mineral impact fund
Page 2, Line 7may be used to assist entities in complying with Regulation Number 31;
Page 2, Line 8(d) In determining any financial assistance for municipal solid
Page 2, Line 9waste landfill methane emission reduction projects, priority should be
Page 2, Line 10given to municipal solid waste landfills that are owned or operated by
Page 2, Line 11local governments in recognition of local governments' limited access to
Page 2, Line 12private capital; and
Page 2, Line 13(e) Clarifying the availability and prioritization of these funding
Page 2, Line 14sources will support timely compliance with Regulation Number 31,
Page 2, Line 15protect public health, and reduce greenhouse gas emissions.
Page 2, Line 16SECTION 2. In Colorado Revised Statutes, 25-7-129, add (3)(g)
Page 2, Line 17as follows:
Page 2, Line 1825-7-129. Disposition of fines - community impact cash fund
Page 2, Line 19- repeal.
Page 2, Line 20(3) (g) (I) Pursuant to the department of public health and
Page 2, Line 21environment's authority to expend money from the fund to
Page 2, Line 22provide grants for environmental mitigation projects pursuant
Page 2, Line 23to section 25-1-134 (2)(g)(VII), the department may expend money
Page 2, Line 24from the fund to provide grants for municipal solid waste
Page 2, Line 25landfill methane emission reduction projects that are
Page 2, Line 26conducted in accordance with rules adopted by the commission
Page 2, Line 27under this article 7 and that qualify as environmental
Page 2, Line 28mitigation projects, as defined in section 25-1-134 (4)(b).
Page 2, Line 29(II) The environmental justice advisory board, created in
Page 2, Line 30section 25-1-134 (2)(a), shall prioritize a grant request for the
Page 2, Line 31purpose of complying with municipal solid waste landfill
Page 2, Line 32methane emission reduction requirements from a local
Page 2, Line 33government that owns or operates a municipal solid waste
Page 2, Line 34landfill over a grant request from a private entity that owns
Page 2, Line 35or operates a municipal solid waste landfill.
Page 2, Line 36(III) An entity shall use money expended by the
Page 2, Line 37department of public health and environment pursuant to
Page 2, Line 38subsection (3)(g)(I) of this section as supplemental funding only
Page 2, Line 39and not as the exclusive source of funding for compliance with
Page 2, Line 40municipal solid waste landfill methane emission reduction
Page 2, Line 41requirements. With the exception of supplemental funding
Page 2, Line 42grants for environmental mitigation projects provided pursuant
Page 2, Line 43to subsection (3)(g)(I) of this section, nothing in this subsection
Page 3, Line 1(3)(g) relieves an entity of the responsibility to otherwise ensure
Page 3, Line 2adequate funding for municipal solid waste landfill methane
Page 3, Line 3emission reduction projects in compliance with applicable
Page 3, Line 4commission rules.
Page 3, Line 5SECTION 3. Act subject to petition - effective date -
Page 3, Line 6applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 3, Line 7the expiration of the ninety-day period after final adjournment of the
Page 3, Line 8general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 3, Line 92026); except that, if a referendum petition is filed pursuant to section 1
Page 3, Line 10(3) of article V of the state constitution against this act or an item, section,
Page 3, Line 11or part of this act within such period, then the act, item, section, or part
Page 3, Line 12will not take effect unless approved by the people at the general election
Page 3, Line 13to be held in November 2026 and, in such case, will take effect on the
Page 3, Line 14date of the official declaration of the vote thereon by the governor.
Page 3, Line 15(2) This act applies to conduct occurring on or after the applicable
Page 3, Line 16effective date of this act.".