Public Accessibility of Emissions Records

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1121 LLS NO. 26-0594.01 Sarah Lozano x3858 HOUSE SPONSORSHIP Marshall and Garcia, SENATE SPONSORSHIP Cutter and Kipp, House Committees Senate Committees Energy & Environment A BILL FOR AN ACT CONCERNING REQUIRING PUBLIC ACCESSIBILITY OF STATIONARY SOURCE EMISSIONS RECORDS.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill 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.) Beginning January 1, 2028, the bill requires a person that owns, leases, operates, controls, or supervises a building, structure, facility, or installation that emits or may emit an air pollutant (owner or operator) to make all emissions records that the owner or operator is required by state or federal law to maintain (records) publicly available and accessible on the owner or operator's public website. Except in certain circumstances, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

the owner or operator is required to update the records following the same schedule as the records are made available to the state or the United States. These requirements apply only to records that are generated on or after December 1, 2027.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that: (a) Congress enacted the "Clean Air Act" in 1963 when electronic and digital business records were nonexistent;

(b) Colorado continues to suffer from high levels of air pollution and, in the summer of 2024, exceeded the United States environmental protection agency's ozone limits for 40 days;

(c) In May of 2023, the United States environmental protection agency issued a limited disapproval of Colorado's state implementation plan after finding that Colorado's practice of providing emissions records to the state only on request did not sufficiently allow practical public access to information necessary to determine compliance with the "Clean Air Act";

(d) In July of 2023, Colorado's attorney general filed a petition with the United States court of appeals for the tenth circuit for review of the United States environmental protection agency's disapproval;

(e) The case settled, and the new presidential administration rescinded the rule allowing Colorado to continue the current practice of making air pollution records available to the state upon request, but not making the records accessible to the public;

(f) Air pollution emissions travel from a polluter's private property into the air of other private property owners and into public spaces;

(g) People have a right to know what pollutants and discharges are emitted into the air they breathe and onto the property they own;

(h) Pollution records are now kept in easily accessible electronic and digital formats that were unanticipated when congress enacted the "Clean Air Act";

(i) The cost of electronic database storage for records is nominal, ranging from one cent to 20 cents per gigabyte; and

(j) It is in the public interest and supports the health and welfare of Colorado residents to require that pollution records be both available to the state for inspection and accessible to the public.

SECTION 2. In Colorado Revised Statutes, add 25-7-109.7 as follows: 25-7-109.7. Emissions records - public accessibility - civil penalties - definition.

(1) Definition. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "CONFIDENTIAL BUSINESS INFORMATION" MEANS INFORMATION THAT AN OWNER OR OPERATOR IS PERMITTED TO REDACT UNDER APPLICABLE STATE OR FEDERAL LAW.

(2) Public accessibility of emissions records.

(a) BEGINNING JANUARY 1, 2028, AN OWNER OR OPERATOR SHALL MAKE ALL EMISSIONS RECORDS THAT THE OWNER OR OPERATOR IS REQUIRED BY STATE OR FEDERAL LAW TO MAINTAIN PUBLICLY AVAILABLE AND ACCESSIBLE THROUGH A LINK ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE. THE OWNER OR OPERATOR SHALL MAINTAIN THE RECORDS IN A DIGITAL FORMAT THAT IS DOWNLOADABLE.

(b) AN OWNER OR OPERATOR SHALL UPDATE THE RECORDS MAINTAINED ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION FOLLOWING THE SAME SCHEDULE AS THE RECORDS ARE MADE AVAILABLE TO THE STATE OR THE UNITED STATES; EXCEPT THAT ANY RECORDS PROVIDED TO THE STATE OR THE UNITED STATES MORE OFTEN THAN MONTHLY MAY BE UPLOADED TO THE OWNER OR OPERATOR'S PUBLIC WEBSITE ON A MONTHLY BASIS. FOR RECORDS THAT ARE PROVIDED TO THE STATE OR THE UNITED STATES ON A QUARTERLY BASIS OR LESS OFTEN, THE OWNER OR OPERATOR SHALL UPDATE SUCH RECORDS ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE ON OR BEFORE THE FIRST DAY OF THE MONTH FOLLOWING WHEN THE RECORDS ARE MADE AVAILABLE TO THE STATE OR THE UNITED STATES.

(c) THE RECORDS MAINTAINED ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MAY BE REDACTED TO PROTECT CONFIDENTIAL BUSINESS INFORMATION.

(d) (I) THIS SECTION APPLIES TO RECORDS THAT ARE GENERATED ON OR AFTER DECEMBER 1, 2027.

(II) NOTHING IN THIS SECTION REQUIRES AN OWNER OR OPERATOR TO INCLUDE RECORDS THAT WERE GENERATED BEFORE DECEMBER 1, 2027, ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE.

(3) Civil penalties. CIVIL PENALTIES ASSESSED AND COLLECTED FOR VIOLATIONS OF THIS SECTION PURSUANT TO SECTION 25-7-122 SHALL BE CREDITED IN ACCORDANCE WITH SECTION 25-7-129 (2).

SECTION 3. In Colorado Revised Statutes, 25-7-122, amend (1)(b) introductory portion as follows:

25-7-122. Civil penalties - rules.

(1) Upon application of the division, the division may collect penalties as determined under this article 7 by instituting an action in the district court for the district in which the air pollution source affected is located, in accordance with the following provisions:

(b) Any person who violates any requirement or prohibition of a final order of the division or commission, an applicable emission control regulation of the commission, the state implementation plan, a construction permit, any provision for the prevention of significant deterioration under part 2 of this article 7, any provision related to attainment under part 3 of this article 7, or any provision of or commission rule adopted pursuant to section 25-7-105, 25-7-106, 42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or 42-4-414 is subject to a civil penalty of not more than forty-seven thousand three hundred fifty-seven dollars per day for each day of the violation; except that:

SECTION 4. In Colorado Revised Statutes, 25-7-129, amend (2)(a) introductory portion, (2)(a)(IV), and (2)(a)(V) introductory portion;

and add (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), (2)(a)(IX), and (2)(c) as follows:

25-7-129. Disposition of fines - community impact cash fund - repeal.

(2) (a) The state treasurer shall credit the receipts from penalties or fines collected under sections 25-7-109.7, 25-7-115, 25-7-122, and 25-7-123 in the following manner:

(IV) For state fiscal year 2024-25, eighty percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund, and twenty percent to the general fund; and

(V) For state fiscal year 2025-26: and any state fiscal year thereafter:

(VI) FOR STATE FISCAL YEAR 2026-27:

(A) THE FIRST FIVE HUNDRED THOUSAND DOLLARS TO FUND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S COSTS TO IMPLEMENT SECTION 25-7-109.7;

(B) THE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND

(C) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND;

(VII) FOR STATE FISCAL YEAR 2027-28:

(A) THE FIRST NINE HUNDRED THOUSAND DOLLARS TO FUND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S COSTS TO IMPLEMENT SECTION 25-7-109.7;

(B) THE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND

(C) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND;

(VIII) FOR STATE FISCAL YEAR 2028-29:

(A) THE FIRST NINE HUNDRED THOUSAND DOLLARS TO FUND THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT'S COSTS TO IMPLEMENT SECTION 25-7-109.7;

(B) THE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND

(C) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND;

AND

(IX) FOR STATE FISCAL YEAR 2029-30 AND ANY STATE FISCAL YEAR THEREAFTER:

(A) THE FIRST ONE MILLION DOLLARS TO THE MOTOR VEHICLE EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND

(B) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND.

(c) THIS SUBSECTION (2)(c) AND SUBSECTIONS (2)(a)(V), (2)(a)(VI), (2)(a)(VII), AND (2)(a)(VIII) OF THIS SECTION ARE REPEALED, EFFECTIVE SEPTEMBER 1, 2030.

SECTION 5. In Colorado Revised Statutes, 25-7-129.5, amend (2) as follows: 25-7-129.5. Motor vehicle emissions assistance fund - division to provide grants - gifts, grants, or donations - definition.

(2) The motor vehicle emissions assistance fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 25-7-129 (2)(a)(V)(A) SECTION 25-7-129 (2)(a), any other money that the general assembly may appropriate or transfer to the fund, and any gifts, grants, and donations received under subsection (5) of this section.

SECTION 6.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.