C.R.S. Section 40-3.2-208
Air quality planning

(1)

The air quality provisions of the emission reduction plan filed under this part 2 are intended to fulfill the requirements of the state and federal acts and shall be proposed by the department to the air quality control commission after the utility files the plan with the commission to be considered for incorporation into the regional haze element of the state implementation plan.

(2)

Intentionally left blank —Ed.

(a)

Upon the utility’s filing of the utility plan with the commission pursuant to section 40-3.2-204, the air quality control commission, in response to the proposal by the department, shall initiate a proceeding to incorporate the air quality provisions of the utility plan into the regional haze element of the state implementation plan. Except as set forth in this subsection (2), the air quality control commission shall not act on the utility plan or the provisions of the regional haze element of the state implementation plan that would establish controls for those units covered by the utility plan until after the commission’s approval of the utility plan.

(b)

The air quality control commission shall vacate the entire proceeding related to the utility plan and shall initiate a new proceeding for the consideration of alternative proposals for the appropriate controls for those units covered by the utility plan for inclusion in the regional haze element of the state implementation plan if:

(I)

The commission does not approve the utility plan by December 15, 2010;

(II)

The utility withdraws its application pursuant to section 40-3.2-205 (4); or

(III)

The air quality control commission rejects any portion of the utility plan as approved by the commission.

(c)

The air quality control commission shall conduct the proceedings specified in this subsection (2) after public notice and an opportunity for the public to participate in accordance with the air quality control commission’s procedures.

(3)

If the final approved provisions of the state implementation plan are not consistent with the air quality provisions of the utility plan, the utility may file a revised utility plan with the commission that modifies the original plan to be consistent with the final approved state implementation plan. The revised utility plan is subject to all of the review and cost recovery provisions contained in this part 2. Notwithstanding any revision required to the utility plan, the utility is entitled to fully recover any costs it prudently incurred or contracted to incur under the originally approved plan prior to the plan’s revision and any costs incurred as a result of any enforceable state implementation plan or other air quality requirements.

Source: Section 40-3.2-208 — Air quality planning, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑3.2‑101
Legislative declaration 40‑3.2‑102
Recovery of air quality improvement costs 40‑3.2‑103
Gas distribution utility demand-side management programs - recovery of costs - reports 40‑3.2‑104
Electricity utility demand-side management programs - rules - annual report - definition 40‑3.2‑104.3
Eliminating incentives for gas service to properties - gas line extension allowances - exemptions - definitions 40‑3.2‑104.4
Colorado energy office gas investment asset depreciation study - third-party evaluation - commission rules 40‑3.2‑104.5
Customer disconnection from investor-owned gas utility service - rules 40‑3.2‑104.6
Commission study on beneficial electrification - repeal 40‑3.2‑105.5
Labor standards for gas DSM projects 40‑3.2‑105.6
Labor standards for beneficial electrification projects 40‑3.2‑105.7
Labor standards for state thermal energy network and thermal energy system projects - definitions 40‑3.2‑106
Costs of pollution in utility planning - rules 40‑3.2‑107
Costs of methane pollution in gas DSM program planning - rules - definitions 40‑3.2‑108
Clean heat targets - legislative declaration - definitions - plans - rules - reports 40‑3.2‑109
Beneficial electrification plans for electric utilities - definition - rules - recovery of costs - report 40‑3.2‑201
Short title 40‑3.2‑202
Legislative declaration 40‑3.2‑203
Definitions 40‑3.2‑204
Emission control plans - role of the department of public health and environment - timing of emission reductions - approval 40‑3.2‑205
Review - approval 40‑3.2‑206
Coal plant retirements - replacement resources 40‑3.2‑207
Cost recovery - legislative declaration 40‑3.2‑208
Air quality planning 40‑3.2‑209
Early reductions 40‑3.2‑210
Exemption from limits on voluntary emission reductions
Green check means up to date. Up to date

Current through Fall 2024

§ 40-3.2-208’s source at colorado​.gov