§ 40-3.2-201. Short Title
This part 2 shall be known and may be cited as the “Clean Air – Clean Jobs Act”. Source: L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 466, § 1, effective April 19.
§ 40-3.2-202. Legislative Declaration
The general assembly hereby finds, determines, and declares that the federal “Clean Air Act”, 42 U.S.C. sec. 7401 et seq., will likely require reductions in emissions from coal-fired power plants operated by rate-regulated utilities in Colorado. A coordinated plan of emission reductions from these coal-fired power plants will enable Colorado rate-regulated utilities to meet the […]
§ 40-3.2-203. Definitions
As used in this part 2, unless the context otherwise requires: “Air quality control commission” means the commission created in section 25-7-104, C.R.S. “Department” means the department of public health and environment. “Federal act” means the federal “Clean Air Act”, 42 U.S.C. sec. 7401 et seq., as amended. “State act” means the “Colorado Air Pollution […]
§ 40-3.2-204. Emission Control Plans – Role of the Department of Public Health and Environment – Timing of Emission Reductions – Approval
On or before August 15, 2010, and in coordination with current or expected requirements of the federal act and the state act, all rate-regulated utilities that own or operate coal-fired electric generating units located in Colorado shall submit to the commission an emission reduction plan for emissions from those units. The plan filed under this […]
§ 40-3.2-205. Review – Approval
In evaluating the plan, the commission shall consider the following factors: Whether the department reports that the plan is likely to achieve at least a seventy to eighty percent reduction, or greater, in annual emissions of oxides of nitrogen as necessary to comply with current and reasonably foreseeable requirements of the federal act and the […]
§ 40-3.2-206. Coal Plant Retirements – Replacement Resources
The general assembly finds that, in designing a coordinated emission reduction plan as described in section 40-3.2-204 and to expeditiously accelerate coal plant retirements, it is in the public interest for utilities to give primary consideration to replacing or repowering their coal generation with natural gas generation and that utilities shall also consider other low-emitting […]
§ 40-3.2-207. Cost Recovery – Legislative Declaration
A utility is entitled to fully recover the costs that it prudently incurs in executing an approved emission reduction plan, including the costs of planning, developing, constructing, operating, and maintaining any emission control or replacement capacity constructed pursuant to the plan, as well as any interim air quality emission control costs the utility incurs while […]
§ 40-3.2-208. Air Quality Planning
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 […]
§ 40-3.2-209. Early Reductions
Reductions in emissions achieved pursuant to this part 2 through a compliance strategy before such reductions are mandated under federal law are voluntary for purposes of determining early reduction credits under federal law. Source: L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 475, § 1, effective April 19.
§ 40-3.2-210. Exemption From Limits on Voluntary Emission Reductions
The limits on utility expenditures on voluntary emission reductions in section 40-3.2-102 do not apply to utility expenditures under a plan approved by the commission under this part 2. Source: L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 475, § 1, effective April 19.