Colorado 2022 Regular Session Status: Enacted 1 D cosponsors

HB 22-1244 — Public Protections From Toxic Air Contaminants

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 February 16, 2022. Enacted.

Prognosis

Advancing 60% · 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.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Mixed recorded votes

    4 passed, 1 failed in 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

The act creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates as a toxic air contaminant. In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal "Clean Air Act". The division of administration (division) in the department of public health and environment (department) will publish an initial list of toxic air contaminants by October 1, 2022. Beginning no later than September 30, 2030, and at least every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants. On or before June 30 of each year, beginning on June 30, 2024, owners and operators of certain sources of pollution will submit to the division, and the division will make available to the public, an annual toxic emissions report that reports the levels of toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report for the commission on the types of information reported to the division regarding toxic air contaminants, and, no later than April 30, 2025, the commission may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter. Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. The monitoring program will establish at least 6 long-term monitoring sites covering urban and rural areas of the state. No later than July 1, 2025, and by July 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program. On or before October 1, 2025, and by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program, post the report on its website, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2027 legislative session. No later than April 30, 2025, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than April 30, 2026, the commission will propose health-based standards for priority toxic air contaminants for approval by the general assembly. On or before September 30, 2029, and at least once every 5 years thereafter, the commission will: Determine whether to identify any additional priority toxic air contaminants; Determine whether to propose revisions to the general assembly to any existing health-based standards; and No more than 12 months after identifying any additional priority toxic air contaminants, propose to the general assembly health-based standards for any additional priority toxic air contaminants. No later than April 30, 2026, the commission will adopt emission control regulations to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations than those adopted for existing emission sources of priority toxic air contaminants. No later than September 30, 2030, and at least once every 5 years thereafter, the commission will: Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and Determine whether to revise existing emission control regulations. No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2026 legislative session. For the 2022-2023 state fiscal year,$3,135,853 is appropriated from the general fund to the department to implement the act, of which: $73,928 is reappropriated to the department of law to provide legal services to the department; and $597,228 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

23 added · 15 removed

Plain-language change summary

The bill has been reengrossed to include various sponsors in its introduction section but does not appear to have changes in the substantive provisions regarding the regulation of toxic air contaminants. The practical effect of this is that the intent to address public protection from toxic air contaminants remains the same, but the list of supporting legislators has been expanded to reflect broader support.

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Latest
Second 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.
Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
22-0552.01 Sarah Lozano x3858 HOUSE BILL 22-1244 HOUSE SPONSORSHIP Kennedy and Gonzales-Gutierrez, SENATE SPONSORSHIP Gonzales, House Committees Senate Committees Energy & Environment Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO INCREASE PUBLIC PROTECTION FROM TOXIC AIR CONTAMINANTS ,AND ,IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
22-0552.01 Sarah Lozano x3858 HOUSE BILL 22-1244 HOUSE SPONSORSHIP Kennedy and Gonzales-Gutierrez, Amabile,Bacon, Benavidez, Bernett,Boesenecker, Caraveo, Cutter, Exum, Froelich, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet, Ricks, Sirota, Tipper, Titone, Valdez A., Weissman, Woodrow SENATE SPONSORSHIP Gonzales, House Committees Senate Committees Energy & Environment Appropriations A BILL FOR AN ACT C ONCERNING MEASURES TO INCREASE PUBLIC PROTECTION FROM TOXIC AIR CONTAMINANTS ,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.) The bill creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates by rule i a 2 as a toxic air contaminant based on its adverse health effects.
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 2 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 6 H a a http://leg.colorado.gov.) R M r The bill creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants n that the air quality control commission (commission) designates by rule d 2 as a toxic air contaminant based on its adverse health effects.
In S R 2 O n 5 Shading denotes HOUSE amendment.
In E e 0 U d , O 2 y Shading denotes HOUSE amendment.
H 2 a Capital letters or bold & italic numbers indicate new material to be added to existing sdatute.
H d M 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 Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

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

  7. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  8. Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

  9. Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations

  10. House Third Reading Passed - No Amendments

  11. Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  12. House Second Reading Special Order - Passed with Amendments - Committee, Floor

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

  14. House Committee on Energy & Environment Refer Amended to Appropriations

  15. Introduced In House - Assigned to Energy & Environment

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 99 not signed on · 23 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (99)

99 members have not signed on to this bill.

Show all 99 →

"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

REPASS

Passed 40 Yea · 24 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 22001
Republican 0800
Unaffiliated 181600
Total 402401
% of votes cast 62%37%0%2%
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
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
Mandy Lindsay 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 Not Voting
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

CONCUR

Passed 41 Yea · 23 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 22001
Republican 0800
Unaffiliated 191500
Total 412301
% of votes cast 63%35%0%2%
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. — Yea
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
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
Mandy Lindsay 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 Not Voting
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 21 Yea · 14 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Unaffiliated 121100
Republican 1300
Total 211400
% of votes cast 60%40%0%0%
How each member voted (35)
Member Party Vote
Buckner — Yea
Cooke — Nay
Coram — Nay
Donovan — 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
Woodward — Nay
Zenzinger — Yea
Fenberg — Yea
Jaquez Lewis — Yea
Chris Kolker Democrat Yea
James Coleman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Nick Hinrichsen 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

AMEND

Failed 15 Yea · 20 Nay
Party YeaNayPresentNot Voting
Democrat 0800
Unaffiliated 121100
Republican 3100
Total 152000
% of votes cast 43%57%0%0%
How each member voted (35)
Member Party Vote
Buckner — Nay
Cooke — Yea
Coram — Yea
Donovan — Nay
Fields — Nay
Gardner — Yea
Ginal — Nay
Hansen — Nay
Hisey — Yea
Holbert — Yea
Lee — Nay
Lundeen — Yea
Moreno — Nay
Pettersen — Nay
Priola — Yea
Rankin — Yea
Scott — Yea
Smallwood — Yea
Sonnenberg — Yea
Woodward — Yea
Zenzinger — Nay
Fenberg — Nay
Jaquez Lewis — Nay
Chris Kolker Democrat Nay
James Coleman Democrat Nay
Jeff Bridges Democrat Nay
Jessie Danielson Democrat Nay
Julie Gonzales Democrat Nay
Nick Hinrichsen Democrat Nay
Robert Rodriguez Democrat Nay
Tammy Story Democrat Nay
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Larry Liston Republican Yea
Ty Winter Republican Nay

BILL

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
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
Mandy Lindsay 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

public-safety environment
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Frequently asked questions

What does HB 22-1244 do?
The act creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates as a toxic air contaminant. In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal "Clean Air Act". The division of administration (division) in the department of public health and environment (department) will publish an initial list of toxic air contaminants by October 1, 2022. Beginning no later than September 30, 2030, and at least every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants. On or before June 30 of each year, beginning on June 30, 2024, owners and operators of certain sources of pollution will submit to the division, and the division will make available to the public, an annual toxic emissions report that reports the levels of toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report for the commission on the types of information reported to the division regarding toxic air contaminants, and, no later than April 30, 2025, the commission may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter. Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. The monitoring program will establish at least 6 long-term monitoring sites covering urban and rural areas of the state. No later than July 1, 2025, and by July 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program. On or before October 1, 2025, and by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program, post the report on its website, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2027 legislative session. No later than April 30, 2025, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than April 30, 2026, the commission will propose health-based standards for priority toxic air contaminants for approval by the general assembly. On or before September 30, 2029, and at least once every 5 years thereafter, the commission will: Determine whether to identify any additional priority toxic air contaminants; Determine whether to propose revisions to the general assembly to any existing health-based standards; and No more than 12 months after identifying any additional priority toxic air contaminants, propose to the general assembly health-based standards for any additional priority toxic air contaminants. No later than April 30, 2026, the commission will adopt emission control regulations to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations than those adopted for existing emission sources of priority toxic air contaminants. No later than September 30, 2030, and at least once every 5 years thereafter, the commission will: Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and Determine whether to revise existing emission control regulations. No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2026 legislative session. For the 2022-2023 state fiscal year,$3,135,853 is appropriated from the general fund to the department to implement the act, of which: $73,928 is reappropriated to the department of law to provide legal services to the department; and $597,228 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department.(Note: This summary applies to this bill as enacted.)
Who sponsors HB 22-1244?
HB 22-1244 is sponsored by Julie Gonzales (Democrat), Serena Gonzales-Gutierrez, and deGruy Kennedy.
What is the current status of HB 22-1244?
This bill has been enacted into law. Introduced February 16, 2022. Enacted.
Where can I track HB 22-1244?
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