C.R.S. Section 25-7-140
Greenhouse gas emissions

  • data collection
  • legislative declaration
  • rules
  • reporting
  • forecasting
  • public information
  • definitions

(1)

Legislative declaration.
The general assembly hereby:

(a)

Finds that:

(I)

Greenhouse gas emissions reporting requirements were first established in Colorado in 2008 with executive order D 004-08. The policies established by this executive order were continued under the next governor and require the department of public health and environment to report every five years on estimates of greenhouse gas emissions by sector. The last report by the department was issued in 2014 and the next report is due in 2019.

(II)

Executive order D 2017-015 directed the department to propose a state greenhouse gas reporting rule that mirrors the current federal reporting rule, 40 CFR 98, by December 30, 2018, and established the following goals:

(A)

Reducing greenhouse gas emissions statewide by more than twenty-six percent below 2005 levels by 2025;

(B)

Reducing carbon dioxide emissions from the electricity sector by twenty-five percent below 2012 levels by 2025 and thirty-five percent below 2012 levels by 2030; and

(C)

Reducing electricity sales by two percent by 2020 through cost-effective energy efficiency measures; and

(b)

Declares that it is in the state’s interest to leverage data collected and analyses conducted for its greenhouse gas emissions inventories and forecasts and make data sets available to local governments.

(2)

Rules.

(a)

The commission shall:

(I)

Adopt rules requiring greenhouse gas-emitting entities to monitor and publicly report their emissions as the commission deems appropriate to support Colorado’s greenhouse gas emission inventory efforts and to facilitate implementation of rules that will timely achieve Colorado’s greenhouse gas emission reduction goals. The commission shall consider what information is already being publicly reported by the federal environmental protection agency and tailor new reporting requirements to fill any gaps in data, as it determines is appropriate, to allow for maintaining and updating state inventories that are sufficiently comprehensive and robust. The rules must include requirements for providers of retail or wholesale electric service in the state of Colorado to track and report emissions from all generation sources within the state and elsewhere that electricity consumption by their customers in this state causes to be emitted. The commission may require emitting entities to report the amount of emissions of each of the seven individual components of greenhouse gases as well as the carbon dioxide equivalent of those emissions.

(II)

Direct the division to update the statewide inventory of greenhouse gas emissions by sector, up to on an annual basis as determined by the commission, but in no event less frequently than every two years. The division shall update the inventory in a manner that allows reasonable tracking of progress in reducing greenhouse gas emissions over time. The commission shall take reasonable steps to ensure that emission abatement that counts toward meeting the state’s greenhouse gas emission reduction goals is durable and rigorously tracked. The inventory must include a forecast of Colorado’s greenhouse gas emissions for the milestone year of 2025, as well as 2030, 2035, 2040, and 2045. The division shall make publicly available the data upon which projections are based, including the sources of that data, the inputs for any model used, and a description of the analysis underlying the projections. The forecast must include at least one scenario that does not include emission reductions projected to occur from any federal, state, or local law, rule, regulation, policy, or program that is not in place as of the date of publication of the inventory. The initial inventory required under this subsection (2) must include a recalculation of Colorado’s 2005 greenhouse gas emissions to serve as a baseline for measuring progress against Colorado’s greenhouse gas emission reduction goals.

(III)

By July 1, 2020, publish a notice of proposed rule-making that proposes rules to implement measures that would cost-effectively allow the state to meet its greenhouse gas emission reduction goals.

(IV)

With regard to the changes made in 2021 by House Bill 21-1266:

(A)

Nothing alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing, or detracts from the air quality control commission’s existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

(B)

The changes add to, but do not otherwise alter, the air quality control commission’s authority and obligation to publish and promulgate rules pursuant to this section and sections 25-7-102 (2)(g) and 25-7-105.

(b)

All rules promulgated pursuant to this section are subject to all applicable requirements, including applicable requirements specific to greenhouse gas abatement, provided in this article 7.

(3)

Public information.
The division shall:

(a)

Publicly release the findings of the inventory on the division’s website and maintain the data through at least 2030; and

(b)

Notwithstanding section 24-1-136 (11), report the findings to the governor, the public utilities commission, and the general assembly.

(4)

Nothing in this section alters the regulatory exemptions provided in section 25-7-109 (8)(a).

(5)

This section is intended to facilitate prompt state action to address greenhouse gas emissions and nothing in this section or the emissions inventory provisions in section 25-7-102 shall be construed to slow, interfere with, or impede state action to timely adopt rules that reduce greenhouse gas emissions to meet the state’s greenhouse gas emission reduction goals.

(6)

Definition.
For the purposes of this section, “greenhouse gas” includes carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3).

Source: Section 25-7-140 — Greenhouse gas emissions - data collection - legislative declaration - rules - reporting - forecasting - public information - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑7‑101
Short title
25‑7‑102
Legislative declaration
25‑7‑103
Definitions
25‑7‑103.5
Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal
25‑7‑104
Air quality control commission created
25‑7‑105
Duties of commission - technical secretary - rules - report - legislative declaration - definitions - repeal
25‑7‑105.1
Federal enforceability
25‑7‑106
Commission - additional authority
25‑7‑106.3
Commission - duties - wood-burning stoves - episodic no-burn days - rules
25‑7‑106.7
Regulations - studies - AIR program area
25‑7‑107
Commission - area classification
25‑7‑108
Commission to promulgate ambient air quality standards
25‑7‑109
Commission to promulgate emission control regulations
25‑7‑109.1
Emergency rule-making
25‑7‑109.2
Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal
25‑7‑109.3
Colorado hazardous air pollutant control and reduction program - rules - repeal
25‑7‑109.5
Toxic air contaminants - annual toxic emissions reporting program - monitoring program - health-based standards - emission control regulations - air toxics permitting program assessment - rules - definitions
25‑7‑109.6
Accidental release prevention program
25‑7‑110
Commission - procedures to be followed in setting standards and regulations
25‑7‑110.5
Required analysis of proposed air quality rules
25‑7‑110.8
5
25‑7‑111
Administration of air quality control programs - directive - prescribed fire - review
25‑7‑112
Air pollution emergencies endangering public health anywhere in this state
25‑7‑113
Air pollution emergencies endangering public welfare anywhere in this state
25‑7‑114
Permit program - definitions
25‑7‑114.1
Air pollutant emission notices - rules - fees
25‑7‑114.2
Construction permits
25‑7‑114.3
Operating permits required for emission of pollutants
25‑7‑114.4
Permit applications - contents - rules - definitions
25‑7‑114.5
Application review - public participation
25‑7‑114.6
Emission notice - fees
25‑7‑114.7
Emission fees - fund - rules - definition
25‑7‑115
Enforcement - civil actions - definitions
25‑7‑117
State implementation plan - revisions of limited applicability
25‑7‑118
Delayed compliance orders
25‑7‑119
Hearings
25‑7‑120
Judicial review
25‑7‑121
Injunctions
25‑7‑122
Civil penalties - rules - definitions
25‑7‑122.1
Criminal penalties
25‑7‑122.5
Enforcement of chlorofluorocarbon regulations
25‑7‑122.6
Administrative and judicial stays
25‑7‑123
Open burning - penalties
25‑7‑123.1
Statute of limitations - penalty assessment - criteria
25‑7‑124
Relationship with federal government, regional agencies, and other states
25‑7‑125
Organization within department of public health and environment
25‑7‑126
Application of article
25‑7‑127
Continuance of existing rules and orders
25‑7‑128
Local government - authority - penalty
25‑7‑129
Disposition of fines - community impact cash fund - repeal
25‑7‑130
Motor vehicle emission control studies
25‑7‑131
Training programs - emission controls
25‑7‑132
Emission data - public availability - submission of 2023 reports to state auditor - definitions - repeal
25‑7‑133
Legislative review and approval of state implementation plans and rules - legislative declaration - definition
25‑7‑133.5
Approval or rescission of specific revisions to state implementation plan (SIP) after 1996
25‑7‑135
Ozone protection fund created
25‑7‑137
Requirements for legislative approval of Grand Canyon visibility transport commission or successor body advisory recommendations, reports, and interpretations
25‑7‑138
Housed commercial swine feeding operations - waste impoundments - odor emissions - fund created
25‑7‑139
Methyl tertiary butyl ether - prohibition - phase-out - civil penalty
25‑7‑140
Greenhouse gas emissions - data collection - legislative declaration - rules - reporting - forecasting - public information - definitions
25‑7‑141
Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules
25‑7‑142
Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - definitions - legislative declaration - repeal
25‑7‑143
Emergency stationary engine exception - legislative declaration - rules - notice to revisor - repeal
25‑7‑144
Tampering with motor vehicle emission control systems - violations - exceptions - rules - reporting - definitions
25‑7‑145
Legislative interim committee on ozone air quality - created - members - repeal
25‑7‑201
Prevention of significant deterioration program
25‑7‑203
State implementation plan - contents
25‑7‑204
Exclusions
25‑7‑205
Innovative technology - waivers
25‑7‑206
Procedure - permits
25‑7‑208
Area designations
25‑7‑209
Colorado designated pristine areas for sulfur dioxide
25‑7‑210
Applicability
25‑7‑211
Visibility impairment attribution studies
25‑7‑212
Actions of federal government affecting visibility - evaluation report
25‑7‑301
Attainment program
25‑7‑302
State implementation plan - contents
25‑7‑304
Emission reduction offsets
25‑7‑305
Alternative emission reduction
25‑7‑401
Legislative declaration
25‑7‑402
Definitions
25‑7‑403
Commission - rule-making for wood-burning stoves
25‑7‑404
Wood stove testing program established
25‑7‑405
Certification required for sale
25‑7‑405.5
Resale of used noncertified wood-burning devices - prohibited
25‑7‑406
Fireplace design program
25‑7‑407
Commission - rule-making for fireplaces
25‑7‑408
Required compliance in building codes
25‑7‑409
Voluntary no-burn days
25‑7‑410
Applicability
25‑7‑411
Legislative declaration
25‑7‑412
Definitions
25‑7‑413
Methods for reducing wood smoke in program area
25‑7‑501
Legislative declaration
25‑7‑502
Definitions
25‑7‑503
Powers and duties of commission - rules - delegation of authority to division
25‑7‑504
Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons
25‑7‑505
Certificate to perform asbestos abatement - application - approval by division - suspension or revocation of certificate
25‑7‑505.5
Testing for certification under part 5
25‑7‑506
Certificate of trained supervisors - application - approval by division - rules - responsibilities of trained supervisors - renewal of certificate
25‑7‑506.5
Certification of air monitoring specialist - rules
25‑7‑507
Certification required under federal law for asbestos projects in facilities
25‑7‑507.5
Renewal of certificates - rules - recertification
25‑7‑508
Grounds for disciplinary action - letters of admonition - denial of certification - suspension, revocation, or refusal to renew - requirement for corrective education - administrative fines
25‑7‑509
Prohibition against local certification regarding asbestos abatement
25‑7‑509.5
Building permits
25‑7‑510
Fees
25‑7‑511
Enforcement
25‑7‑511.5
Injunctive proceedings
25‑7‑511.6
Refresher training - authorization
25‑7‑512
Repeal of part
25‑7‑901
Legislative declaration
25‑7‑902
Definitions
25‑7‑903
Clean air transit options for state employees
25‑7‑1001
Legislative declaration
25‑7‑1002
Air quality related values program
25‑7‑1003
Definitions
25‑7‑1004
Administration of program by division
25‑7‑1005
Verification of federal land manager’s assertion of air quality related value impairment
25‑7‑1006
Source attribution and control strategy development
25‑7‑1007
Commission to consider control strategies in rule-making proceeding
25‑7‑1008
Voluntary agreements
25‑7‑1101
Legislative declaration
25‑7‑1102
Definitions
25‑7‑1103
Powers and duties of air quality control commission - rules
25‑7‑1104
Duties of air pollution control division - certification of trained individuals
25‑7‑1105
Fees
25‑7‑1106
Enforcement
25‑7‑1107
Applicability of article - child-occupied facilities and target housing
25‑7‑1201
Legislative declaration
25‑7‑1202
Definitions
25‑7‑1203
Voluntary agreements
25‑7‑1204
Regulatory assurances
25‑7‑1205
Exceptions
25‑7‑1206
Coal-fired power plants
25‑7‑1207
Allowances
25‑7‑1208
Economic or cost-effectiveness analyses not required
25‑7‑1301
Legislative declaration
25‑7‑1302
Definitions
25‑7‑1303
Southern Ute Indian tribe/state of Colorado environmental commission created
25‑7‑1304
Commission - powers and duties - rules
25‑7‑1305
Administration of reservation air program
25‑7‑1306
Agencies of state to cooperate
25‑7‑1307
Funding for staff and program costs
25‑7‑1308
Administrative and judicial review of commission actions
25‑7‑1309
Repeal of part
25‑7‑1401
Legislative declaration
25‑7‑1402
Definitions
25‑7‑1403
Electrifying school buses grant program - creation - eligibility
25‑7‑1404
Reporting
25‑7‑1405
Electrifying school buses grant program cash fund - creation - gifts, grants, and donations - transfer
25‑7‑1406
Repeal of part
25‑7‑1501
Legislative declaration
25‑7‑1502
Definitions
25‑7‑1503
Scope and applicability
25‑7‑1504
Emission standards for new products
25‑7‑1505
Testing - required displays - demonstrations of compliance
25‑7‑1506
Rules - analysis
25‑7‑1507
Enforcement - verifications of compliance - civil action by attorney general - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 25-7-140’s source at colorado​.gov