Colorado 2021 Regular Session Status: Enacted 2 D cosponsors

HB 21-1189 — Regulate Air Toxics

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 04, 2021. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 5,000 pounds. The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics; Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring. The act also requires the division of administration in the department of public health and environment to:Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring. The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

24 added · 16 removed

Plain-language change summary

The updated version of HB 21-1189 includes new language that specifies the importance of public health protections related to air toxics and outlines the responsibilities of covered entities regarding air quality incidents. It emphasizes the need for public notice, monitoring, and corrective actions when air quality issues arise. This change highlights the legislative intent to safeguard public health and the environment from harmful air pollutants.

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First Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
21-0452.01 Thomas Morris x4218 HOUSE BILL 21-1189 HOUSE SPONSORSHIP Benavidez and Valdez A., SENATE SPONSORSHIP Gonzales and Moreno, House Committees Senate Committees Energy & Environment Finance Appropriations A BILL FOR AN ACT C ONCERNINGADDITIONALPUBLICHEALTHPROTECTIONSINRELATION TO THE EMISSION OF AIR TOXICS , AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
21-0452.01 Thomas Morris x4218 HOUSE BILL 21-1189 HOUSE SPONSORSHIP BenavidezandValdezA., Amabile,Bacon,Bernett,Bird,Caraveo,Cutter,Duran,Exum, Froelich, Gonzales-Gutierrez, Gray, Hooton, Jackson, Jodeh, Kennedy, Kipp, Lontine, McCluskie, McCormick, Michaelson Jenet, Ortiz, Ricks, Sirota, Titone, Weissman SENATE SPONSORSHIP Gonzales and Moreno, House Committees Senate Committees Energy & Environment Finance Appropriations A BILL FOR AN ACT C ONCERNINGADDITIONALPUBLICHEALTHPROTECTIONSINRELATION TO THE EMISSION OF AIR TOXICS , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
Bill Summary (Note:
Bill Summary d (Note:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventoryfiling at least one of the following amounts of the following "covered air toxics" in one year:
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 1 E a 0 passes third reading in the house of introduction, a bill summary that S U , applies to the reengrossed version of this bill will be available at O i 2 H a a http://leg.colorado.gov.) R M r Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventoryfiling at least one of the following amounts of the following "covered air toxics" n in one year:
i 1 a 0 ! For hydrogen cyanide, 10,000 pounds;
d 2 ! For hydrogen cyanide, 10,000 pounds;
S R , O n 1 Shading denotes HOUSE amendment.
E e 2 U d 9 O 2 y1 Shading denotes HOUSE amendment.
H 2 a Capital letters or bold & italic numbers indicate new material to be added to existing stdtute.
H d a Capital letters or bold & italic numbers indicate new material to be added to existing statude.
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Amendments

1 amendment

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Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. House Considered Senate Amendments - Result was to Concur - Repass

  6. House Considered Senate Amendments - Result was to Laid Over Daily

  7. Senate Third Reading Passed - No Amendments

  8. Senate Third Reading Reconsidered - No Amendments

  9. Senate Third Reading Passed - No Amendments

  10. Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole

  11. Senate Second Reading Special Order - Passed with Amendments - Floor

  12. Senate Committee on Finance Refer Unamended to Appropriations

  13. House Third Reading Passed - No Amendments

  14. Introduced In Senate - Assigned to Finance

  15. House Second Reading Special Order - Passed with Amendments - Committee

  16. House Committee on Appropriations Refer Amended to House Committee of the Whole

  17. House Committee on Finance Refer Amended to Appropriations

  18. House Committee on Energy & Environment Refer Amended to Finance

  19. Introduced In House - Assigned to Energy & Environment + Finance

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 98 not signed on · 14 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCUR

Passed 42 Yea · 23 Nay
Party YeaNayPresentNot Voting
Democrat 23000
Republican 1700
Unaffiliated 181600
Total 422300
% of votes cast 65%35%0%0%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Nay
Caraveo — Yea
Carver — Nay
Esgar — Yea
Geitner — Nay
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Nay
Herod — Yea
Holtorf — Nay
Hooton — Yea
Larson — Nay
Lontine — Yea
Lynch — Nay
McKean — Nay
McLachlan — Yea
Neville — Nay
Ortiz — Yea
Pico — Nay
Ransom — Nay
Sandridge — Nay
Tipper — Yea
Will — Nay
Young — Yea
Garnett — Yea
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Nay
Van Winkle — Nay
Williams D. — Nay
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jamie Jackson Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Nay
Janice Rich Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Rod Pelton Republican Nay
Stephanie Luck Republican Nay

REPASS

Passed 41 Yea · 24 Nay
Party YeaNayPresentNot Voting
Democrat 23000
Republican 0800
Unaffiliated 181600
Total 412400
% of votes cast 63%37%0%0%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Nay
Caraveo — Yea
Carver — Nay
Esgar — Yea
Geitner — Nay
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Nay
Herod — Yea
Holtorf — Nay
Hooton — Yea
Larson — Nay
Lontine — Yea
Lynch — Nay
McKean — Nay
McLachlan — Yea
Neville — Nay
Ortiz — Yea
Pico — Nay
Ransom — Nay
Sandridge — Nay
Tipper — Yea
Will — Nay
Young — Yea
Garnett — Yea
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Nay
Van Winkle — Nay
Williams D. — Nay
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jamie Jackson Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Nay
Janice Rich Republican Nay
Marc Catlin Republican Nay
Mark Baisley Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Rod Pelton Republican Nay
Stephanie Luck Republican Nay

BILL

Passed 22 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13901
Democrat 8000
Republican 1300
Total 221201
% of votes cast 63%34%0%3%
How each member voted (35)
Member Party Vote
Priola — Yea
Rankin — Nay
Scott — Not Voting
Smallwood — Nay
Sonnenberg — Nay
Woodward — Nay
Zenzinger — Yea
Buckner — Yea
Cooke — Nay
Coram — Nay
Donovan — Yea
Fenberg — Yea
Fields — Yea
Gardner — Nay
Ginal — Yea
Hansen — Yea
Hisey — Nay
Holbert — Nay
Lee — Yea
Lundeen — Yea
Moreno — Yea
Pettersen — Yea
Jaquez Lewis — Yea
Chris Kolker Democrat Yea
James Coleman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Lorena Garcia Democrat Yea
Robert Rodriguez Democrat Yea
Tammy Story Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Nay
Larry Liston Republican Nay
Ty Winter Republican Yea

RECONSIDERATION

Passed 21 Yea · 14 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 1300
Unaffiliated 121100
Total 211400
% of votes cast 60%40%0%0%
How each member voted (35)
Member Party Vote
Woodward — Nay
Zenzinger — Yea
Buckner — Yea
Cooke — Nay
Coram — Nay
Donovan — Yea
Fenberg — Yea
Fields — Yea
Gardner — Nay
Ginal — Yea
Hansen — Yea
Hisey — Nay
Holbert — Nay
Lee — Yea
Lundeen — Nay
Moreno — Yea
Pettersen — Yea
Priola — Yea
Rankin — Nay
Scott — Nay
Smallwood — Nay
Sonnenberg — Nay
Jaquez Lewis — Yea
Chris Kolker Democrat Yea
James Coleman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Lorena Garcia Democrat Yea
Robert Rodriguez Democrat Yea
Tammy Story Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Nay
Larry Liston Republican Nay
Ty Winter Republican Yea

COW *

Passed 35 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 23000
Republican 4000
Total 35000
% of votes cast 100%0%0%0%
How each member voted (35)
Member Party Vote
Buckner — Yea
Cooke — Yea
Coram — Yea
Donovan — Yea
Fenberg — Yea
Fields — Yea
Gardner — Yea
Ginal — Yea
Hansen — Yea
Hisey — Yea
Holbert — Yea
Lee — Yea
Lundeen — Yea
Moreno — Yea
Pettersen — Yea
Priola — Yea
Rankin — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Woodward — Yea
Zenzinger — Yea
Jaquez Lewis — Yea
Chris Kolker Democrat Yea
James Coleman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Lorena Garcia Democrat Yea
Robert Rodriguez Democrat Yea
Tammy Story Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Larry Liston Republican Yea
Ty Winter Republican Yea

BILL

Passed 40 Yea · 23 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 23000
Republican 0800
Unaffiliated 171502
Total 402302
% of votes cast 62%35%0%3%
How each member voted (65)
Member Party Vote
Bernett — Yea
Bird — Yea
Bockenfeld — Nay
Caraveo — Yea
Carver — Not Voting
Esgar — Yea
Geitner — Nay
Gonzales-Gutierrez — Yea
Gray — Yea
Hanks — Nay
Herod — Not Voting
Holtorf — Nay
Hooton — Yea
Larson — Nay
Lontine — Yea
Lynch — Nay
McKean — Nay
McLachlan — Yea
Neville — Nay
Ortiz — Yea
Pico — Nay
Ransom — Nay
Sandridge — Nay
Tipper — Yea
Will — Nay
Young — Yea
Garnett — Yea
Adrienne Benavidez — Yea
Michaelson Jenet — Yea
Valdez D. — Yea
Van Beber — Nay
Van Winkle — Nay
Williams D. — Nay
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Dylan Roberts Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Jamie Jackson Democrat Yea
Jennifer Bacon Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Karen McCormick Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Meg Froelich Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Steven Woodrow Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Dan Woog Republican Nay
Janice Rich Republican Nay
Marc Catlin Republican Nay
Mark Baisley Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Rod Pelton Republican Nay
Stephanie Luck Republican Nay

Subjects

environment
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Frequently asked questions

What does HB 21-1189 do?
Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 5,000 pounds. The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics; Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring. The act also requires the division of administration in the department of public health and environment to:Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring. The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 21-1189?
HB 21-1189 is sponsored by Adrienne Benavidez, Alex Valdez (Democrat), Julie Gonzales (Democrat), and Dominick Moreno.
What is the current status of HB 21-1189?
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
Where can I track HB 21-1189?
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