This amendment delays key deadlines for new pollution rules from 2030 to 2034 and changes the process so that a state division proposes these rules instead of a commission adopting them.
Colorado2026Enacted
HB26-1226
Rules for Emissions from Large Power Plants in Colorado
Last scannedAug 24, 2026, 8:22 AM
In one sentence
This law requires state agencies to create new pollution limits for large electric power plants that must be met by the end of 2034 if they continue operating.
What it does
- Requires the Division of Administration within the Department of Public Health and Environment to propose rules limiting nitrogen oxide and sulfur dioxide emissions from specific power plants by July 2029.
- Mandates that covered units install pollution control systems or switch fuels before December 31, 2034, if they plan to operate after that date.
- Requires plant owners to submit quarterly reports showing their emission levels meet the new rules.
- Orders investor-owned utilities and wholesale electric cooperatives to file cost reports with regulators every 90 days if a federal order forces them to keep an old plant running past its scheduled retirement.
- Directs state agencies to report to lawmakers on any power plants subject to federal orders requiring extended operation.
Who it affects
- Electric utilities that own or operate large power plants in Colorado emitting over 200 tons of nitrogen oxides or sulfur dioxide in 2024.
- Investor-owned utilities and wholesale electric cooperatives subject to federal orders keeping plants online.
- The Department of Public Health and Environment, which must create the new emission rules.
Limits and unknowns
- The specific emission limits will not be set until the Department of Public Health and Environment proposes a final rule in July 2029.
- Power plants that burn only natural gas or fuel oil are excluded from these new rules.
Plain language
Terms to know
- Covered electric generating unit
- A power plant in Colorado owned by a utility that emitted at least 200 tons of nitrogen oxides or sulfur dioxide in 2024.
- Federal order
- An official command from the federal government requiring a power plant to stay open after it was scheduled to close.
Official record
Sources
Official summary
The act requires the division of administration in the department of public health and environment (division), no later than July 2029, to propose a final rule (rule) establishing certain limits on the emission of nitrogen oxides and sulfur dioxide (emission limits) from an electric generating unit (unit) that is owned or operated by an electric utility; is located in the state; and emitted 200 tons or more of nitrogen oxides, or sulfur dioxide, or both in calendar year 2024 (covered unit). The rule must require compliance with the emission limits as soon as practicable after December 31, 2034, and must not cover units that, before December 31, 2029, have ceased operations; burn natural gas, fuel oil, or both only; or have certain systems installed. A unit that operates after December 31, 2034, must install certain pollution controls and comply with the emission limits on or before December 31, 2034. An owner or operator of a unit is required to provide quarterly emission reports showing compliance with the rule to the division. On August 1, 2029, the air quality control commission in the department of public health and environment (AQCC) must submit to the general assembly a list of any units that are subject to a federal order. If there are any units subject to a federal order, the AQCC must also submit to the general assembly recommendations on whether to amend the requirements for units subject to federal order. An investor-owned utility or wholesale electric cooperative that is the owner or operator of a unit is required, beginning 150 days after the issuance of a federal order requiring the unit to remain operating after the unit was scheduled to retire (order) and continuing every 90 days until the order is no longer in effect, to file a report with the public utilities commission (commission) that contains certain information about the costs to operate the unit and the amount of electricity generated by the unit. The commission must make these reports publicly available. An investor-owned utility is also permitted to submit an application for a financing order to recover the costs of complying with an order. Any decision by the commission approving or modifying a portfolio in an electric resource plan of an investor-owned utility serving more than 500,000 customers must approve an amount of accredited capacity that allows the investor-owned utility to reliably achieve certain retirement and carbon dioxide emission reduction requirements. This requirement applies to an investor-owned utility serving more than 500,000 customers until the division determines that the investor-owned utility has achieved certain carbon dioxide emission reductions or until the investor-owned utility has retired all covered units, whichever is later. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- House Considered Senate Amendments - Result was to Concur - RepassHouse
- House Considered Senate Amendments - Result was to Laid Over DailyHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Passed with Amendments - CommitteeSenate
- Senate Second Reading Laid Over to 05/04/2026 - No AmendmentsSenate
- Senate Committee on Transportation & Energy Refer Amended to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to Transportation & EnergySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - CommitteeHouse
- House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
- House Committee on Energy & Environment Refer Amended to AppropriationsHouse
- Introduced In House - Assigned to Energy & EnvironmentHouse
Changes
Amendments
10 stored
This amendment changes the timeline for a new rule on power plant emissions, adds a requirement to report if federal orders affect local plants, and clarifies how energy plans are reviewed.
This amendment requires the Public Utilities Commission to ensure that large electric utilities have enough approved power capacity to safely retire old plants and meet state carbon emission laws.
This amendment would delay the deadlines for creating rules to limit emissions from electric power plants by moving them six years into the future.
This amendment removes the requirement for quarterly reports from the bill.
This amendment would make it so that if any part of the bill is found illegal, the entire law must fail instead of just removing the bad part.
This amendment changes when the bill becomes law by adding a rule that allows voters to delay its start if they sign enough petitions for a referendum.
This amendment would change the bill from requiring strict rules on power plant emissions to only encouraging them and giving officials more flexibility.
This amendment would create an exemption from new emission rules for power plants if their total energy production drops by at least 10% in the year after they are supposed to comply.
This amendment would update the definition of eligible energy sources for Colorado's renewable energy standards to include specific new technologies while keeping fossil and nuclear fuels excluded.