2019 #COleg: Governor Polis signs HB19-1279 (Protect Public Health Firegfighter Safety Regulation #PFAS Polyfluoroalkyl Substances) and HB19-1264 (Conservation Easement Tax Credit Modifications)

Widefield aquifer via the Colorado Water Institute.

From The Colorado Springs Gazette (Marianne Goodland):

At an Arvada fire station, Polis signed into law House Bill 1279, which bans certain kinds of foam used in firefighting training. Such foam contains so-called “forever chemicals” that have contaminated drinking water in El Paso County and elsewhere…

The foam contaminated Fountain’s water supply, and it has since installed filters to deal with problem…

HB 1279 bans Class B firefighting foams that contain “intentionally added” per- and polyfluoroalkyl substances, also known as PFAS. Such chemicals were used for decades at Peterson Air Force Base in Colorado Springs and have been found in the nearby Widefield aquifer, which serves Security, Widefield and Fountain.

The foam was sprayed on the ground and used in a firefighting training area that was flushed into the Colorado Springs Utilities treatment system, which was ill-equipped to remove the chemicals. The effluent ended up in Fountain Creek, which feeds the Widefield aquifer.

The Air Force since has replaced that foam with a new version that the military says is less toxic, though it still contains perfluorinated chemicals.

Pond on the Garcia Ranch via Rio Grande Headwaters Land Trust

In Salida, Polis signed House Bill 1264, which is intended to resolve some of the long-standing problems with the state’s conservation easement program.

Landowners say the Colorado Department of Revenue revoked tax credits awarded to those who entered into conservation easements with land trusts, with more than 800 credits revoked from the 4,000 granted in the program’s first 15 years.

HB 1264 is intended to make the program more transparent, with a warning to landowners that easements are in perpetuity. The bill also requires the Division of Conservation Easements, within the Department of Regulatory Agencies, to set up a committee to determine how to repay those tax credits.

The committee is to hold its first hearing June 25, an addition to the bill made by Sen. Jerry Sonnenberg, R-Sterling.

Legislative leaders in both parties are to appoint the committee members, and lawmakers say they intend to include representatives for those who have been denied tax credits as well as other program critics.

From The Ark Valley Voice (Jan Wondra):

Colorado Governor Jared Polis chose the banks of the Arkansas River in Salida as the ideal location to sign an unprecedented nine bills into law on Monday morning, June 3. The location underscored both the importance of these bills to Colorado’s rural and recreation economies, as well as highlighting Colorado’s growing preference for collaboration to get things done…

SB19-221 – CO Water Conservation Board Construction Fund Project

This bill sponsored by Donovan and Roberts, is focused on the funding of Colorado water conservation board projects, and assigns an appropriation to protect those projects…

SB19-186 – Expand Agricultural Chemical Management Program Protect Surface Water

Another bill sponsored by Donovan, Catlin, Coram and including Rep. Jeni Arndt, seeks to protect Colorado surface water from contamination by the expansion of agriculture chemical management plans.

Polis administration’s: roadmap to 100% #renewableenergy by 2040 and bold #climate action #ActOnClimate

Click here to read the report. Here’s the vision section:

Governor Polis ran on a bold platform of achieving 100% Renewable Energy by 2040. This goal is motivated by the moral imperative to fight climate change and curb pollution of our air and water, as well as the opportunity to drive innovation and harness the consumer savings and economic bene- fits of leading the transition to a clean energy economy. This is our roadmap to achieve this goal.

This transition is already underway and shows no signs of slowing down. The two fastest-growing professions in the United States are solar photovoltaic installers and wind turbine service technicians. Fourteen Colorado towns and counties have already taken the initiative and adopted the goal of getting 100% of their electricity from clean renewable energy: Denver, Pueblo, Boulder, Fort Collins, Summit County, Frisco, Aspen, Glenwood Springs, Breckenridge, Longmont, Lafayette, Nederland to Golden. These diverse communities know that protecting Colorado’s way of life means doing our part to combat climate change, and that swiftly adopting renewable energy in our electricity sector and then extending the impact of that clean electricity across the economy will protect the health of our communities, create good paying jobs, strengthen our economy and keep rates low for customers.

The Polis Administration has taken a number of significant steps that make a down payment on our commitment to 100% renewable energy by 2040. By partnering with the Legislature, we’ve empowered the Public Utilities Commission (PUC) to facilitate a rapid transition to renewable energy across the state that includes working with our largest utility to invest in renewable energy and meet a goal of reducing greenhouse gas pollution 80% by 2030. We’re building a regulatory framework that will enable the PUC to work with our second largest utility to transition from coal-fired power to cheaper, cleaner sources of renewable energy. We are also making it easier for individual Coloradans to participate by expanding access to energy efficiency and community solar gardens. Additionally, the Legislature passed House Bill 1261, which sets economy-wide targets for reducing greenhouse gas pollution, with goals of 26% reduction by 2025 below 2005 levels, 50% reduction by 2030 and 90% reduction by 2050, and delegates authority to the Air Quality Control Commission to adopt rules to make progress towards those goals.

One of the most important parts of our transition to cleaner energy is electrifying transportation in Colorado. In order to meet the Governor’s goal of 940,000 zero emission vehicles on the road by 2030, state agencies have taken a number of steps, including allocating approximately $14 million to transit agencies across the state to deploy cleaner buses. The agencies are also expeditiously estab- lishing public-private partnerships to build 33 fast charging stations along major highways in the state. Working with the Legislature, we’ve also made it easier for utilities, with oversight from the PUC, to invest in electric vehicle infrastructure.

While we’ve already taken important strides towards our renewable energy vision, there’s much work to do. The policies adopted this legislative session provide the foundation for much higher levels of renewable energy integration, but additional strategies will be needed to get to 100% by 2040. It’s going to take the perspective, expertise, and commitment from diverse voices across the state to forge a renewable energy future that works for all of Colorado. Together, we can do our part to fight climate change, improve air quality and the health of our communities, diversify and strengthen our economy across the state, and ensure the good-paying jobs of the quickly growing green energy economy are created here in Colorado.

#Colorado #Conservation, Sportsmen Groups Laud Passage of Bill to Help Fund #COWaterPlan — @wradv #COleg

The Colorado River at Horseshoe Bend, upstream of Glenwood Springs. Photo credit: Aspen Journalism/Brent Gardner-Smith

From Western Resource Advocates (Jamie Trafficanda):

Today, conservation and sportsmen groups across Colorado lauded the bipartisan passage of a bill that would raise funds to protect and conserve the state’s water from the tax proceeds on some forms of new sports betting. A portion of the revenue generated would go to a Water Plan Implementation Cash Fund governed by the Colorado Water Conservation Board and help support some of the water conservation, agricultural projects, river health, “smart” storage, and demand management needs for the state. The sports-betting measure must be approved by the voters this fall.

“Colorado leaders are making a safe bet to ensure a more resilient future for our thriving communities, agriculture, businesses, recreation and wildlife,” said Brian Jackson, Senior Manager, Western Water, at Environmental Defense Fund. “We are hopeful voters will recognize the urgent need to protect our most precious resource, water, and that this measure will be a slam dunk at the ballot box this fall.”

“As Colorado’s population continues to grow and climate change stresses our water supplies, Colorado’s Water Plan lays out a roadmap to secure our water future. But to make that plan a reality, we need to establish a dedicated funding source,” said Bart Miller, Healthy Rivers Program Director at Western Resource Advocates. “If approved by the voters, this measure would provide an important down payment and have an immediate impact on Colorado communities.”

“Passing this bill represents key progress toward protecting our rivers and clean drinking water today and into the future,” said Drew Peternell, Director of the Colorado Water Program at Trout Unlimited. “But the challenges our water supply faces are long term. We’ll need additional, long-term sources of funding to make sure we have enough water to sustain Colorado’s economy, especially in rural agriculturally-based areas.”

“This bill is an important step to a secure water future,” said Matt Rice, Colorado Basin Director at American Rivers “Now this effort will go to referendum to be considered by Colorado’s voters. If it’s passed, the revenue generated will support our rivers, secure clean, safe, reliable drinking water for our communities, and preserve our agricultural heritage.”

“The Colorado Water Conservation Board estimates that implementing Colorado’s Water Plan and safeguarding our water will require at least $100 million annually for the next 30 years,” said Melinda Kassen, Senior Counsel at the Theodore Roosevelt Conservation Partnership “If voters approve this bill through the referendum process, the revenue generated would be an important down payment that gets the ball rolling for multiple uses, including river protection and restoration. That said, the revenue from this bill won’t get us all the way there. As we use these funds to demonstrate value for fish and wildlife resources, we can build the case for the benefits to Colorado of taking the next step to find additional funds for this important work.”

2019 #COleg: HB19-1327 (Authorize And Tax Sports Betting Refer Under Taxpayers’ Bill Of Rights) is a “good bet” — @EnvDefenseFund

Burned forests shed soot and burned debris that darken the snow surface and accerlerate snowmelt for years following fire. Photo credit: Nathan Chellman/DRI

From the Environmental Defense Fund (Brian Jackson):

The Colorado Legislature approved a bill [May 3, 2019] for a measure to legalize sports betting and dedicate a 10% tax on net profits to protect and conserve our state’s water. The measure will go to voters for approval this fall.

The bill enjoyed widespread, bipartisan support, clearing the House in a 58-6 vote and the Senate in a 27-8 vote. Environmental Defense Fund was a key member of a large, diverse coalition of supporters of the bill, including the Colorado Cattlemen’s Association, Colorado Municipal League, Colorado River District, Denver Metro Chamber of Commerce, Denver Water, Conservation Colorado and Western Resource Advocates.

Colorado is one of several states considering a sports betting tax since a Supreme Court decision last year gave states such authority.

“Colorado leaders are making a safe bet to ensure a more resilient future for our thriving communities, agriculture, businesses, recreation and wildlife. We are hopeful voters will recognize the urgent need to protect our most precious resource, water, and that this measure will be a slam dunk at the ballot box this fall.”

From the Environmental Defense Fund (Brian Jackson):

Here’s a pop quiz: What are two finite resources in the West?

If you answered money and water, you win. This is especially true when it comes to money for water in the state of Colorado, where hurdles for raising new funds are particularly high.

It’s a rare opportunity when new money bubbles up for water projects in the Centennial State. But that is exactly what is happening as a result of a bill approved this week with strong bipartisan support in the Legislature.

The bill, HB 1327, proposes to raise new money to protect and conserve water in Colorado by legalizing sports betting and imposing a 10% tax on its revenue. But legislative approval isn’t the final play. State legislators are handing off the measure to voters for a final decision at the ballot box this fall.

Down payment on much larger need

The measure could raise roughly $10 million to $20 million a year – a down payment on the $100 million that Colorado’s Water Plan is estimated to need annually for the next 30 years to secure the state’s water into the future. Colorado’s population is projected to double by 2050. But at current usage rates, the state’s water supply will not keep up unless Colorado establishes a dedicated public funding source to protect it.

Since the water plan was developed in 2015, Environmental Defense Fund and partners have been looking for creative ways to fund and implement it. Nearly a year ago, a Supreme Court ruling authorized states to legalize sports betting. Since then, 40 states and the District of Columbia have proposed or enacted laws to legalize, study or regulate sports betting, according to the National Conference of State Legislatures.

Deep bench

EDF has been a key player on a large, diverse team of supporters of the Colorado measure, including the Colorado Cattlemen’s Association, Colorado Municipal League, Colorado River District, Denver Metro Chamber of Commerce, Denver Water, Conservation Colorado and Western Resource Advocates.

Revenue would go to a Water Plan Implementation Cash Fund governed by the Colorado Water Conservation Board to support a variety of water projects, including conservation, river health, storage, water education and outreach.

Funds from the measure would make an immediate impact across the state. For instance, in Durango, $500,000 would fund the first phase of restoration of the watershed damaged in the 416 fire, which burned 54,000 acres of mostly Forest Service lands last year. Steamboat Springs could begin a $4 million floodplain restoration. Both projects would protect vulnerable water supplies.

2019 #COleg: Colorado oil and gas director issues final objective criteria for [SB19-181] — #Colorado Department of Natural Resources

Drilling rig and production pad near Erie school via WaterDefense.org

From the Colorado Department of Natural Resources (Chris Arend):

Colorado Oil and Gas Conservation Commission (COGCC) Director Jeff Robbins released Final Objective Criteria today to ensure pending oil and gas permits and applications are in compliance with Colorado’s new oil and gas law, SB 19-181.

“The finalization of the criteria is an important first step in implementing the new law and incorporating it’s public health, safety, welfare, environmental, and wildlife considerations,” said Director Jeff Robbins. “We appreciate the 340 public comments we received and believe the objective criteria satisfies the Colorado Legislature’s intent.”

The Final Objective Criteria (Criteria) released include provisions that the Director of the COGCC may conduct additional analysis and review on proposed oil and gas locations, which are within 1,500 feet of a residence, are within a municipality, 1,500 feet of a municipality or platted subdivision, areas identified as “sensitive wildlife habitat” by the Colorado Department of Wildlife, or in a floodplain or water supply areas, among others.

Guidance was also issued today to outline the process an applicant can expect from the COGCC to ensure a permit complies with the new law’s requirements.

The criteria was informed by a wide variety of comments received by the Commission from the public, local governments, the industry and other interested parties.

While the Director and staff determined that the draft criteria captured most public and stakeholder comments and upheld the intent of SB 19-181, the Director added Objective Criteria No. 16, which involves additional Director Review on specific wells when an operator is subject to individual or blanket financial assurance requirements in addition to a few other small edits.

The criteria will remain in place for the COGCC until final rules outlined in SB 19-181 are adopted.

Final Objective Criteria: here
Final Objective Criteria Guidance: here
Objective Criteria Public Comments: here

Wattenberg Oil and Gas Field via Free Range Longmont

From The Associated Press via Colorado Public Radio:

Environmentalists and community activists asked Colorado regulators on Wednesday to stop issuing new oil and gas drilling permits until they rewrite the rules under a new law that makes public safety and the environment the state’s top priorities.

Just a month after the law took effect, some activists told the Colorado Oil and Gas Conservation Commission it should be further along in revising the regulations…

The session was one of the oil and gas commission’s early steps toward implementing the new law, which mandated a major change in the agency’s focus from encouraging production to protecting the public, the environment and wildlife.

The law reflects increasing fears about public safety as the booming Wattenberg oil and gas field overlaps with fast-growing communities north and east of Denver. In addition to the emphasis on safety, it gives local governments new powers over the location of drilling and changes the makeup of the commission to add expertise on safety and the environment.

Commission Director Jeff Robbins called Wednesday’s meeting to hear public comment on the first set of changes, which deal mostly with administrative procedures, not drilling. The commission is expected to take up more substantive rules later this year.

Activists called for faster and more sweeping action, saying that oil and gas drilling pollutes the air and water, worsens climate change and puts residents at risk from fires and explosions…

The commission’s first formal hearing since the law was passed is Monday, but it was not yet clear whether members would start the rulemaking process.

2019 #COleg: SB19-181 rule-making #ActOnClimate #KeepItInTheGround

From The Denver Post (Judith Kohler):

Environmental and community organizations want the state to halt approval of oil and gas drilling permits until all new rules are written in the wake of more stringent regulations passed by the legislature in this year’s session.

Approving all the rules is expected to take at least a year, given the complexity of the new law. A new Colorado Oil and Gas Conservation Commission will need to be seated; new regulations to protect public health, safety and the environment will be developed; and new bond and fee rates to ensure cleanup of well sites will be set.

When the bill was moving through the legislature, the sponsors repeatedly disputed opponents’ arguments that Senate Bill 19-181 would lead to a moratorium on new oil and gas drilling.

But for several at a hearing Wednesday on the first set of rules being considered, the right thing to do is to halt approval of all permits until new regulations putting health and safety first are adopted…

Environmental and community activists who think no oil and gas permits should be approved until the new regulations take effect said so in letters sent Monday to Gov. Jared Polis, the COGCC and the Colorado Department of Public Health and Environment…

Jeff Robbins, executive director of the oil and gas commission, said Tuesday that his staff is moving forward as directed by the legislation. The staff is expected to release final criteria this week that will be used to consider permit applications while the new regulations are being developed.

The legislation directed the staff to draft criteria to provide additional review of permit applications to make sure new development meets the law’s objective of protecting public health and safety, the environment and wildlife, Robbins said.

The new law also clarifies that cities and counties can use their planning and land-use authority to regulate oil and gas in their borders. The guidelines, which the staff took public comments on, also address that change.

The COGCC staff has paused approval of new permits to write those guidelines and appoint an interim commission.

“Some permits may be approved and some may not given the heightened scrutiny and changes in progress. That course of action is consistent with SB 181,” Sen. Mike Foote, D-Lafayaette, one of the bill’s co-sponsors, said in an email.

Senate Majority Leader Steve Fenberg, D-Boulder, a main sponsor of the bill, said the COGCC staff is following the process intended by the legislation.

“I have full faith in the director and the commission and the individuals there to ensure that they’re moving in a way that honors the spirit of the bill,” Fenberg said. “If they don’t, we will step in if we need to, not to punish anyone but to make sure our intentions are clear.”

[…]

The criteria the staff will use to determine if applications need more scrutiny include whether proposed wells are within certain distances from schools, homes or parks; are in a municipality; or if local governments want more input.

There are about 6,500 permit applications waiting in the queue. From January until the bill came law, the COGCC approved permits for 88 well locations and more than 800 associated wells.

The proposed change the COGCC took public comments on Wednesday deals with allowing administrative law judges to consider disputes and some administrative issues now handled by the commission. Robbins said the change is intended to give the commission more time to consider rules and policies.

Colorado has led the way on regulations designed to limit emissions of methane. Photo/Allen Best

2019 #COleg: #Colorado Is Entering A New Environmental Era…Maybe — Colorado Public Radio #ActOnClimate

From Colorado Public Radio (Grace Hood):

More than a dozen new energy and environment bills are headed to Gov. Jared Polis for a signature. They cover an array of issues from the oversight of electrical generating companies to how companies have to factor climate change into their decision making to the nitty gritty of how oil and gas drilling is governed in the state.

“Given the priority we saw voters make of energy and the environment this past fall they were a really an important part of this past legislative session,” said Kelly Nordini, executive director of Conservation Colorado, an environmental nonprofit.

While momentous, the actual impacts of some policies are yet to be determined. At least two — the oil rule and greenhouse gas reduction goals — will see many details decided in rulemaking by state agencies.

Agencies will release basic ideas on their plans for new regulations. Then they’ll release a draft rule for the public to weigh in on. Some environmental groups plan to put pressure on the state to hold evening sessions, so the public has a better chance to share their concerns.

The oil and gas law, for example, will require at least a half-dozen rules to be written or rewritten. That means it could take years — not months — to completely spell out details of measures that could have the biggest impact on curbing climate change…

Here’s a list of the key energy and environment bills:

Just Transition From Coal-based Electrical Energy Economy. Creates first-of-its-kind Just Transition office, and makes grants available to coal transition workers.

Electric Motor Vehicles Public Utility Services. Allows electric utilities to apply to the Public Utilities Commission to build electric vehicle charging stations.

Protect Public Welfare Oil and Gas Operations. 29-page bill makes health and safety a priority for regulators and launches more than a half dozen rulemakings on things like flowlines, adopting additional methane controls.

Collect Long-Term Climate Change Data. Directs state health officials to collect greenhouse gas emission data annually, and make data available to local governments.

Community Solar Gardens Modernization Act. Allows community solar gardens to expand from 2 to 5 megawatts.

Modify Innovative Motor Vehicle Income Tax Credits. Current law phases out EV tax credits at the end of 2021, new law extends tax credits through 2025.

Electric Vehicle Grant Fund. Allows for more flexibility in how EV Grant Fund administered by the Colorado Energy Office is used.

New Appliance Energy and Water Efficiency Standards. Appliances and plumbing fixtures sold in Colorado will have to meet new energy efficiency and water efficiency standards.

Building Energy Codes. Local governments required to adopt one of three international energy conservation codes when they update building codes.

Climate Action Plan To Reduce Pollution. Directs Colorado’s Air Quality Control Commission to reduce greenhouse gas emissions 26 percent by 2025, 50 percent by 2030 and 90 percent by 2050.

Housing Authority Properties. Allows public housing authorities to participate in state PACE program, a way to finance clean energy projects.

Front Range Waste Diversion Program. Creates Front Range landfill fee that goes to help communities meet waste diversion goals.

Sunset Public Utilities Commission. 81-page bill gives new charter for state electric utility regulators, including a move in 2020 to calculate the social cost of carbon dioxide emissions in certain utility proceedings.

Coyote Gulch’s Leaf connected in the parking garage in Winter Park, August 21, 2017.