Senate Approves Landmark Package of Bills to Improve Colorado’s Air Quality and Boost Transit
DENVER, CO – The Senate today advanced a legislative package aimed at making near-term progress on air quality, ozone, and climate goals while focusing on an economy-wide transition that will support Colorado’s future for generations to come.
SB24-229, sponsored by Senate Assistant Majority Leader Faith Winter, D-Broomfield, and Senator Kevin Priola, D-Henderson, would establish more permitting and enforcement authority for the state to lower emissions, improve air quality and reduce pollution in Colorado communities. The bill will:
Require the latest strategies to minimize pollution to be incorporated in newly permitted oil and gas locations.
Expand enforcement actions and develop new approaches to prevent repeat violations and preempt future violations.
Establish additional transparency around complaints and enforcement actions by the Air Pollution Control Division, including establishing an annual report and opt-in distribution list to provide the public with information about investigations and enforcement actions.
Codify rulemaking to achieve the Governor’s directive to reduce ozone-causing NOx from oil and gas operations by 50 percent by 2030 through a proposed rule to the Air Quality Control Commission no later than August 31, 2026.
Provide additional protections for Disproportionately Impacted Communities (DICs), including expanding the mission of the orphaned wells mitigation enterprise to also include marginal wells, focusing funding on plugging marginal wells in DICs and near population centers, and establishing new dedicated community liaisons at the Energy and Carbon Management Commission.
“Exposure to dangerously unhealthy ozone levels is an unfortunately common occurrence in our state, and it's impacting far too many Coloradans' health, leading to higher risk of shortness of breath, asthma attacks, increased risk for respiratory diseases, and lower birth weights for children born in high-ozone areas," said Winter. “While Colorado has worked hard to address the ozone problem, we need to do even more to reduce harmful emissions and keep our communities safe. This legislation is a great first step, and is particularly exciting because of how it came together: through real, honest discussion towards a shared goal. It’ll help get our air quality crisis under control, and create a healthier future for our kids and our grandkids."
“Communities across our state, and especially like those I represent on the Front Range, have been forced to bear the consequences of unhealthy ozone levels for far too long, which is why I am so excited to be a part of this landmark agreement,” said Priola. “We must take action now to improve our air quality and mitigate the harmful impacts of ozone on our communities. This bill is a critical step towards reducing emissions and air pollution that puts Colorado on a path to securing a healthier future for us all."
The Committee also advanced SB24-230, sponsored by Senate President Steve Fenberg, D-Boulder, and Senator Lisa Cutter, D-Jefferson County, which would generate significant new funding for transit and rail, as well as land and wildlife habitat conservation and restoration, with modest fees on oil and gas production in Colorado that will be tied to oil and gas prices.
Oil and gas development is among the largest contributors in Colorado to both greenhouse gas emissions and ozone pollution. Reducing vehicle trips by supporting reliable transit and rail service statewide can offset these impacts by lowering ozone-forming and greenhouse gas vehicle emissions while improving quality of life, supporting the construction of new housing, and alleviating traffic.
"Forging consensus on an issue like this is hard, which is what makes this legislation all the more exciting," Fenberg. “It's taken a lot of hard work to get to this point, and I am grateful to everyone, especially the members of my caucus who have come to the table willing to work and, more importantly, listen to each other in the pursuit of an agreement we can all get behind. I am incredibly excited to see the benefits these bills will bring to our air quality, our transit system, and our public lands for generations to come."
“Our geography in Colorado – and especially along the Front Range – makes us uniquely susceptible to unhealthy ozone levels and poor air quality,” said Cutter. “This results in short and long term health impacts that affect entire communities. We’ve worked hard on policies to improve our air quality, especially during months where ozone levels are the worst. These bills give us the opportunity to take significant action that will reduce air pollution, protect Colorado’s environment, and build a healthier Colorado.”
The new fee will be tied to oil and gas prices with 80 percent of the revenues dedicated to the Clean Transit Enterprise and 20 percent to natural lands and wildlife conservation. Of the 80 percent dedicated to transit, the majority will bolster local transit operations while 20 percent is dedicated to the expansion of passenger and commuter rail in Colorado. These funds will support RTD in providing new services including Northwest and North rail lines
To address impacts on wildlife from oil and gas production, Colorado Parks and Wildlife will provide remediation services by conducting a range of badly needed conservation work, including restoring lands and improving ecosystem health, improving wildlife connectivity, and even creating new state parks and wildlife areas, with a focus on benefitting native biodiversity.
Both bills will now move to the House for further consideration. Track SB24-229 HERE, and SB24-230 HERE.