Read the full stored bill text
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0613.01 Sarah Lozano x3858 HOUSE BILL 26-1112
House Committees Senate Committees
Energy & Environment
Finance
Appropriations
A BILL FOR AN ACT
CONCERNING STATE REGULATION OF UNDERGROUND INJECTION101
CONTROL WELLS, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
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.)
The bill grants the energy and carbon management commission
(commission) authority over class I, class IV, and class V injection wells
and allows the commission to seek and adopt rules related to primacy
from the United States environmental protection agency (EPA) for these
classes of injection wells. The commission may assess and collect fees
HOUSE
3rd Reading Unamended
May 11, 2026
HOUSE
Amended 2nd Reading
May 9, 2026
HOUSE SPONSORSHIP
Paschal and Smith, Bacon, Brown, Duran, Froelich, Gold stein, Gonzalez R., Jackson,
Joseph, Lindsay, Marshall, McCluskie, McCorm ick, Rydin, Stewart K., Titone, Valdez,
Woodrow
SENATE SPONSORSHIP
Hinrichsen and Simpson,
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.
related to the regulation of class I, class IV, and class V injection wells.
A person that willfully violates a rule, permit, authorization, or order of
the commission related to these classes of injection wells commits a
misdemeanor and is subject to certain penalties.
The bill also grants the mined land reclamation board (board)
authority over class III injection wells and allows the board to seek and
adopt rules related to primacy from the EPA for class III injection wells.
The board may assess and collect fees related to the regulation of class III
injection wells. A person that violates a rule, permit, authorization, or
order of the board related to class III injection wells or that operates a
class III injection well without a permit from the board is subject to
certain penalties. The bill also provides that a class III injection well is
not eligible for an exemption from designated mining operation status,
which status subjects the operator to certain rules adopted by the board.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Underground injection control wells, referred to in this section4
as "UIC wells", are used to place fluid underground into geologic5
formations;6
(b) The United States environmental protection agency, referred7
to in this section as the "EPA", regulates the construction and operation8
of 6 classes of UIC wells, which are classified based on the type of fluid9
injected and the depth of the injection in relation to underground sources10
of drinking water;11
(c) The federal "Safe Drinking Water Act" requires the EPA to12
develop UIC well program requirements that protect underground sources13
of drinking water from endangerment;14
(d) The EPA may grant primacy enforcement and regulatory15
authority, referred to in this section as "primacy", to a state;16
(e) Colorado, specifically the Colorado energy and carbon17
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management commission, has primacy over class II UIC wells and1
anticipates gaining primacy over class VI UIC wells in 2026; all other2
classes of UIC wells are still regulated by the EPA; and3
(f) As of July 2025, over half of the states in the United States4
have been granted primacy by the EPA for at least class I, II, III, IV, and5
V UIC wells, and 5 states have been granted full primacy for all UIC well6
classes.7
(2) The general assembly therefore declares that:8
(a) It is in the public interest for Colorado state agencies to9
regulate all UIC well classes;10
(b) Primacy over all UIC well classes will enable Colorado to11
have a tailored approach to UIC well regulation that:12
13
(I) Attracts and supports emerging industries with technologies to14
help achieve climate goals, including carbon management, geothermal,15
and hydrogen operations;16
(II) Facilitates innovative water management strategies, including17
aquifer recharge, storage, and recovery necessary to meet the state's water18
challenges;19
(III) Provides a more straightforward approach to permitting,20
authorizing, and regulating several industries where state and federal21
authorities currently overlap; 22
(IV) Provides reliability in resource commitment and expectations23
amidst fluctuating federal priorities; and24
(V) Establishes timely and efficient authorization and permitting25
processes;26
(c) Colorado will regulate UIC wells in a manner that protects27
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public health, safety, and welfare; the environment; wildlife resources;1
and underground sources of drinking water; and2
(d) The Colorado energy and carbon management commission3
should lead the state's primacy application process and collaborate with4
the division of reclamation, mining, and safety and the division of water5
resources in the Colorado department of natural resources, the Colorado6
department of public health and environment, and the Colorado7
department of labor and employment. 8
SECTION 2. In Colorado Revised Statutes, 34-60-102, add (4)9
as follows:10
34-60-102. Legislative declaration.11
(4) IT IS FURTHER DECLARED TO BE IN THE PUBLIC INTEREST FOR12
THE COMMISSION TO SEEK AND RECEIVE PRIMACY OVER CLASS I, CLASS IV,13
AND CLASS V INJECTION WELLS CLASSIFIED IN 40 CFR 144.6 BECAUSE14
PRIMACY WILL ENABLE COLORADO TO HAVE A TAILORED APPROACH TO15
INJECTION WELL REGULATION THAT:16
(a) FACILITATES INNOVATIVE WATER MANAGEMENT STRATEGIES,17
INCLUDING AQUIFER RECHARGE, STORAGE, AND RECOVERY NECESSARY TO18
MEET THE STATE'S WATER CHALLENGES;19
(b) P ROVIDES A MORE STRAIGHTFORWARD APPROACH TO20
PERMITTING, AUTHORIZING, AND REGULATING SEVERAL INDUSTRIES21
WHERE STATE AND FEDERAL AUTHORITIES CURRENTLY OVERLAP;22
(c) P ROVIDES RELIABILITY IN RESOURCE COMMITMENT AND23
EXPECTATIONS AMIDST FLUCTUATING FEDERAL PRIORITIES; AND24
(d) E STABLISHES TIMELY AND EFFICIENT AUTHORIZATION AND25
PERMITTING PROCESSES.26
SECTION 3. In Colorado Revised Statutes, 34-60-106, add (23)27
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and (24) as follows:1
34-60-106. Additional powers of commission - fees - rules -2
definitions - repeal.3
(23) (a) (I) NOTWITHSTANDING SECTION 34-60-120 OR ANY OTHER4
PROVISION OF LAW OTHER THAN SECTION 34-60-105 (4), AS TO CLASS I,5
CLASS IV, AND CLASS V INJECTION WELLS CLASSIFIED IN 40 CFR 144.6,6
THE COMMISSION MAY PERFORM ALL ACTS FOR THE PURPOSE OF7
PROTECTING UNDERGROUND SOURCES OF DRINKING WATER IN8
ACCORDANCE WITH STATE PROGRAMS AUTHORIZED BY THE FEDERAL9
"SAFE DRINKING WATER ACT", 42 U.S.C. SEC . 300f ET SEQ ., AND10
REGULATIONS UNDER THOSE SECTIONS, AS AMENDED.11
(II) THE COMMISSION MAY SEEK CLASS I, CLASS IV, AND CLASS12
V INJECTION WELL PRIMACY UNDER THE FEDERAL "SAFE DRINKING13
WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AND REGULATIONS UNDER14
THOSE SECTIONS, AS AMENDED. THE COMMISSION MAY ADOPT RULES FOR15
THE PURPOSES OF ESTABLISHING AND OPERATING THE UNDERGROUND16
INJECTION CONTROL AUTHORIZATION AND PERMIT PROGRAM. THE RULES17
ADOPTED BY THE COMMISSION MUST MEET THE REQUIREMENTS18
PRESCRIBED BY 42 U.S.C. SEC. 300h (b), AS AMENDED. THE COMMISSION19
SHALL SEEK TO ESTABLISH TIMELY AND EFFICIENT AUTHORIZATION AND20
PERMITTING PROCESSES. UPON RECEIVING PRIMACY , THE COMMISSION21
MAY ENFORCE RULES FOR THE PERMITTING , AUTHORIZATION , AND22
REGULATION OF CLASS I, CLASS IV, AND CLASS V INJECTION WELLS IN23
ACCORDANCE WITH THIS SUBSECTION (23).24
(III) THE COMMISSION MAY ADOPT RULES RELATED TO CLASS I,25
CLASS IV, AND CLASS V INJECTION WELLS THAT ARE MORE STRINGENT26
THAN CORRESPONDING ENFORCEABLE TECHNICAL FEDERAL27
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REQUIREMENTS ONLY IF IT IS DEMONSTRATED AT A PUBLIC HEARING, AND1
THE COMMISSION FINDS, THAT RULES MORE STRINGENT THAN THE2
CORRESPONDING FEDERAL REQUIREMENTS ARE NECESSARY TO PROTECT3
PUBLIC HEALTH, SAFETY, AND WELFARE; THE ENVIRONMENT; AND4
WILDLIFE RESOURCES. A FINDING PURSUANT TO THIS SUBSECTION5
(23)(a)(III) BY THE COMMISSION MUST BE ACCOMPANIED BY A STATEMENT6
OF BASIS AND PURPOSE REFERRING TO AND EVALUATING INFORMATION7
AND STUDIES RELATED TO PUBLIC HEALTH, SAFETY, AND WELFARE; THE8
ENVIRONMENT; AND WILDLIFE RESOURCES CONTAINED IN THE RECORD9
THAT FORMS THE BASIS FOR THE COMMISSION'S FINDING.10
(b) A PERSON THAT WILLFULLY VIOLATES A CLASS I, CLASS IV, OR11
CLASS V INJECTION WELL RULE, PERMIT, AUTHORIZATION, OR ORDER OF12
THE COMMISSION ISSUED PURSUANT TO THIS SUBSECTION (23) COMMITS A13
MISDEMEANOR AND , UPON CONVICTION BY A COURT OF COMPETENT14
JURISDICTION, IS SUBJECT TO A FINE OF AT LEAST FIVE THOUSAND DOLLARS15
AND NO MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS FOR EACH16
ACT OF VIOLATION AND FOR EACH DAY THAT THE PERSON REMAINS IN17
VIOLATION.18
(c) (I) FOR THE PURPOSES OF IMPLEMENTING AND ADMINISTERING19
THIS SUBSECTION (23), THE COMMISSION MAY ASSESS AND COLLECT FEES,20
INCLUDING, BUT NOT LIMITED TO, PERMITTING AND REGULATORY FEES FOR21
CLASS I, CLASS IV, AND CLASS V INJECTION WELLS, IN AN AMOUNT AND22
FREQUENCY DETERMINED BY THE COMMISSION BY RULE. THE COMMISSION23
SHALL SET THE FEES IN AN AMOUNT TO COVER THE COMMISSION'S DIRECT24
AND INDIRECT AND REASONABLY NECESSARY COSTS OF IMPLEMENTING25
AND ADMINISTERING THIS SUBSECTION (23).26
(II) THE STATE TREASURER SHALL CREDIT THE FEES ASSESSED AND27
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COLLECTED PURSUANT TO SUBSECTION (23)(c)(I) OF THIS SECTION TO THE1
ENERGY AND CARBON MANAGEMENT CASH FUND CREATED IN SECTION2
34-60-122 (5).3
(d) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE4
CONTRARY, NOTHING IN THIS SECTION ESTABLISHES, ALTERS, IMPAIRS, OR5
NEGATES THE ABILITY OF A LOCAL GOVERNMENT TO REGULATE LAND USE6
RELATED TO CLASS I, CLASS IV, OR CLASS V INJECTION WELLS.7
(e) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL8
RESOURCES CREATED IN SECTION 24-33-101 (1) SHALL PROPOSE, AS PART9
OF THE ANNUAL BUDGET REQUEST OF THE DEPARTMENT OF NATURAL10
RESOURCES PURSUANT TO SECTION 2-3-208, INITIAL SPENDING AUTHORITY11
IN THE AMOUNT NECESSARY TO ENFORCE RULES FOR THE PERMITTING ,12
AUTHORIZATION, AND REGULATION OF CLASS I, CLASS IV, AND CLASS V13
INJECTION WELLS IN ACCORDANCE WITH THIS SUBSECTION (23). THE14
OFFICE OF STATE PLANNING AND BUDGETING CREATED IN SECTION15
24-37-102, IN CONJUNCTION WITH THE DEPARTMENT OF NATURAL16
RESOURCES, SHALL INCLUDE IN THE ANNUAL BUDGET REQUEST SUBMITTED17
PURSUANT TO SECTION 2-3-208 A PROPOSAL TO ELIMINATE OR MINIMIZE18
THE IMPACT, FOR THE FIRST FISCAL YEAR IN WHICH FEE REVENUE WILL BE19
COLLECTED OR EXPENDED , OF THE MONEY IN THE ENERGY AND CARBON20
MANAGEMENT CASH FUND CREATED IN SECTION 34-60-122 (5) ON THE21
LIMITATION ON STATE FISCAL YEAR SPENDING IMPOSED BY SECTION 20 OF22
ARTICLE X OF THE STATE CONSTITUTION.23
(24) N OTWITHSTANDING SECTION 34-60-115, ANY ACTION24
UNDERTAKEN PURSUANT TO SUBSECTION (9)(c)(II)(B) OF THIS SECTION OR25
SUBSECTION (23)(b) OF THIS SECTION MUST COMMENCE WITHIN FIVE26
YEARS AFTER THE DATE THAT THE COMMISSION DISCOVERS THE ALLEGED27
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VIOLATION.1
SECTION 4. In Colorado Revised Statutes, 34-60-124, amend2
(1)(g) as follows:3
34-60-124. Energy and carbon management cash fund -4
definitions.5
(1) The state treasurer shall credit the following money to the6
fund:7
(g) Money credited to the fund pursuant to sections 34-60-106,8
34-64-108 (4), and 37-90.5-106 (4). 9
SECTION 5. In Colorado Revised Statutes, 34-32-102, add (4)10
as follows:11
34-32-102. Legislative declaration.12
(4) THE GENERAL ASSEMBLY FURTHER DECLARES THAT IT IS IN THE13
PUBLIC INTEREST FOR THE BOARD TO SEEK AND RECEIVE PRIMACY OVER14
CLASS III INJECTION WELLS BECAUSE PRIMACY WILL ENABLE COLORADO15
TO HAVE A TAILORED APPROACH TO INJECTION WELL REGULATION THAT:16
(a) P ROVIDES A MORE STRAIGHTFORWARD APPROACH TO17
PERMITTING, AUTHORIZING, AND REGULATING SEVERAL INDUSTRIES18
WHERE STATE AND FEDERAL AUTHORITIES CURRENTLY OVERLAP;19
(b) P ROVIDES RELIABILITY IN RESOURCE COMMITMENT AND20
EXPECTATIONS AMIDST FLUCTUATING FEDERAL PRIORITIES; AND21
(c) E STABLISHES TIMELY AND EFFICIENT AUTHORIZATION AND22
PERMITTING PROCESSES.23
SECTION 6. In Colorado Revised Statutes, 34-32-103, amend24
(3.5)(a)(II), (3.5)(a)(III), (5.7), and (8); and add (2.7) and (3.5)(a)(IV) as25
follows:26
34-32-103. Definitions - rules.27
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As used in this article 32, unless the context otherwise requires:1
(2.7) (a) "C LASS III INJECTION WELL " MEANS A WELL AS2
CLASSIFIED IN 40 CFR 144.6 THAT IS USED TO INJECT FLUIDS AND EXTRACT3
MINERALS AND IS DRILLED PURSUANT TO AUTHORIZATION FOR A CLASS III4
INJECTION WELL ISSUED UNDER THE FEDERAL "SAFE DRINKING WATER5
ACT", 42 U.S.C. SEC . 300f ET SEQ ., AND REGULATIONS UNDER THOSE6
SECTIONS, AS AMENDED.7
(b) "CLASS III INJECTION WELL" DOES NOT INCLUDE A PRODUCTION8
WELL THAT BRINGS MINING FLUIDS TO THE SURFACE.9
(3.5) (a) "Designated mining operation" means a mining operation10
at which:11
(II) Acid- or toxic-forming materials will be exposed or disturbed12
as a result of mining operations; or13
(III) Uranium is developed or extracted, either by in situ leach14
mining or by conventional underground or open mining techniques. A15
uranium mining operation OTHER THAN IN SITU LEACH MINING may seek16
an exemption from designated mining operation status in accordance with17
section 34-32-112.5 (2); OR18
(IV) A CLASS III INJECTION WELL IS OPERATED, WHICH OPERATION19
IS NOT ELIGIBLE FOR AN EXEMPTION FROM DESIGNATED MINING20
OPERATION STATUS IN ACCORDANCE WITH SECTION 34-32-112.5 (2).21
(5.7) "In situ leach mining" means in situ mining for uranium22
through the in-place dissolution of mineral components of an ore deposit23
by causing a chemical leaching solution, usually aqueous, to penetrate or24
to be pumped down wells through the ore body and then removing the25
mineral-containing solution for development or extraction of the mineral26
values.27
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(8) "Mining operation" means the development or extraction of a1
mineral from its natural occurrences or within refuse on affected land.2
"Mining operation" includes, but is not limited to, open mining, in situ3
mining, in situ leach mining, surface operations, OPERATIONS RELATED TO4
CLASS III INJECTION WELLS, and the disposal of refuse from underground5
mining, in situ mining, and in situ leach mining. "Mining operation" also6
includes the following operations on affected lands: Transportation,7
concentrating, milling, evaporation, removal of waste piles and refuse,8
and other processing. "Mining operation" does not include: The9
exploration and extraction of natural petroleum in a liquid or gaseous10
state by means of wells or pipe; the development or extraction of coal; the11
extraction of geothermal resources; smelting, refining, cleaning,12
preparation, transportation, and other off-site operations not conducted on13
affected land; or the extraction of construction material where there is no14
development or extraction of any mineral.15
SECTION 7. In Colorado Revised Statutes, 34-32-107, add (3)16
as follows:17
34-32-107. Powers of board - authority to regulate class III18
injection wells - misdemeanor - fees - rules.19
(3) (a) (I) T HE BOARD, AS TO CLASS III INJECTION WELLS , MAY20
PERFORM ALL ACTS FOR THE PURPOSES OF PROTECTING UNDERGROUND21
SOURCES OF DRINKING WATER IN ACCORDANCE WITH STATE PROGRAMS22
AUTHORIZED BY THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C.23
SEC. 300f ET SEQ ., AND REGULATIONS UNDER THOSE SECTIONS , AS24
AMENDED.25
(II) THE BOARD MAY SEEK CLASS III INJECTION WELL PRIMACY26
UNDER THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f27
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ET SEQ., AND REGULATIONS UNDER THOSE SECTIONS , AS AMENDED. THE1
BOARD MAY ADOPT RULES FOR THE PURPOSES OF ESTABLISHING AND2
OPERATING THE UNDERGROUND INJECTION CONTROL AUTHORIZATION AND3
PERMIT PROGRAM. THE RULES ADOPTED BY THE BOARD MUST MEET THE4
REQUIREMENTS PRESCRIBED BY 42 U.S.C. SEC. 300h (b), AS AMENDED.5
THE BOARD SHALL SEEK TO ESTABLISH TIMELY AND EFFICIENT6
AUTHORIZATION AND PERMITTING PROCESSES. UPON RECEIVING PRIMACY,7
THE BOARD MAY ENFORCE RULES FOR THE PERMITTING, AUTHORIZATION,8
AND REGULATION OF CLASS III INJECTION WELLS IN ACCORDANCE WITH9
THIS SUBSECTION (3). 10
(III) T HE BOARD MAY ADOPT RULES RELATED TO CLASS III11
INJECTION WELLS THAT ARE MORE STRINGENT THAN CORRESPONDING12
ENFORCEABLE TECHNICAL FEDERAL REQUIREMENTS ONLY IF IT IS13
DEMONSTRATED AT A PUBLIC HEARING , AND THE BOARD FINDS, THAT14
RULES MORE STRINGENT THAN THE CORRESP ONDING FEDERAL15
REQUIREMENTS ARE NECESSARY TO PROTECT PUBLIC HEALTH , SAFETY,16
AND WELFARE; THE ENVIRONMENT; AND WILDLIFE RESOURCES. A FINDING17
PURSUANT TO THIS SUBSECTION (3)(a)(III) BY THE BOARD MUST BE18
ACCOMPANIED BY A STATEMENT OF BASIS AND PURPOSE REFERRING TO19
AND EVALUATING INFORMATION AND STUDIES RELATED TO PUBLIC20
HEALTH, SAFETY, AND WELFARE; THE ENVIRONMENT; AND WILDLIFE21
RESOURCES CONTAINED IN THE RECORD THAT FORMS THE BASIS FOR THE22
BOARD'S FINDING.23
(b) (I) A PERSON THAT WILLFULLY VIOLATES A CLASS III INJECTION24
WELL RULE, PERMIT, AUTHORIZATION, OR ORDER OF THE BOARD ISSUED25
PURSUANT TO THIS SUBSECTION (3) COMMITS A MISDEMEANOR AND, UPON26
CONVICTION BY A COURT OF COMPETENT JURISDICTION, IS SUBJECT TO A27
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FINE OF AT LEAST FIVE THOUSAND DOLLARS AND NO MORE THAN SEVEN1
THOUSAND FIVE HUNDRED DOLLARS FOR EACH ACT OF VIOLATION AND FOR2
EACH DAY THAT THE PERSON REMAINS IN VIOLATION.3
(II) ANY ACTION UNDERTAKEN PURSUANT TO SUBSECTION (3)(b)(I)4
OF THIS SECTION MUST COMMENCE WITHIN FIVE YEARS AFTER THE DATE5
THAT THE BOARD DISCOVERS THE ALLEGED VIOLATION.6
(c) (I) FOR THE PURPOSES OF IMPLEMENTING AND ADMINISTERING7
THIS SUBSECTION (3), THE BOARD MAY ASSESS AND COLLECT FEES ,8
INCLUDING, BUT NOT LIMITED TO, PERMITTING AND REGULATORY FEES FOR9
CLASS III INJECTION WELLS, IN AN AMOUNT AND FREQUENCY DETERMINED10
BY THE BOARD BY RULE. THE BOARD SHALL SET THE FEES IN AN AMOUNT11
TO COVER THE BOARD'S DIRECT AND INDIRECT COSTS OF IMPLEMENTING12
AND ADMINISTERING THIS SUBSECTION (3).13
(II) THE STATE TREASURER SHALL CREDIT THE FEES ASSESSED AND14
COLLECTED PURSUANT TO SUBSECTION (3)(c)(I) OF THIS SECTION TO THE15
MINED LAND RECLAMATION FUND CREATED IN SECTION 34-32-127 (1)(a).16
(d) THE EXECUTIVE DIRECTOR SHALL PROPOSE , AS PART OF THE17
ANNUAL BUDGET REQUEST OF THE DEPARTMENT PURSUANT TO SECTION18
2-3-208, INITIAL SPENDING AUTHORITY IN THE AMOUNT NECESSARY TO19
ENFORCE RULES FOR THE PERMITTING, AUTHORIZATION, AND REGULATION20
OF CLASS III INJECTION WELLS IN ACCORDANCE WITH THIS SUBSECTION (3).21
THE OFFICE OF STATE PLANNING AND BUDGETING CREATED IN SECTION22
24-37-102, IN CONJUNCTION WITH THE DEPARTMENT, SHALL INCLUDE IN23
THE ANNUAL BUDGET REQUEST SUBMITTED PURSUANT TO SECTION 2-3-20824
A PROPOSAL TO ELIMINATE OR MINIMIZE THE IMPACT, FOR THE FIRST25
FISCAL YEAR IN WHICH FEE REVENUE WILL BE COLLECTED OR EXPENDED,26
OF THE MONEY IN THE MINED LAND RECLAMATION F UND CREATED IN27
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SECTION 34-32-127 (1)(a) ON THE LIMITATION ON STATE FISCAL YEAR1
SPENDING IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE2
CONSTITUTION.3
SECTION 8. In Colorado Revised Statutes, 34-32-112.5, amend4
(2) as follows:5
34-32-112.5. Designated mining operation - rules.6
(2) If an operator demonstrates to the board at the time of applying7
for a permit or at a subsequent hearing that toxic or acidic chemicals are8
not stored or used on-site and that acid- or toxic-producing materials will9
not be used, stored, or disturbed in quantities sufficient to adversely affect10
any A person, any property, or the environment, UNLESS THE PERMIT IS11
FOR A CLASS III INJECTION WELL, the board shall exempt such operations12
whether conducted pursuant to section 34-32-110 or otherwise. The board13
may promulgate ADOPT rules governing the conduct of mining operations14
which THAT are exempted pursuant to this subsection (2).15
SECTION 9. In Colorado Revised Statutes, 34-32-122, add (6)16
as follows:17
34-32-122. Fees, civil penalties, and forfeitures - deposit -18
emergency response cash fund - created - definition.19
(6) A N OPERATOR THAT VIOLATES A CLASS III INJECTION WELL20
RULE, PERMIT , AUTHORIZATION , OR ORDER ISSUED BY THE BOARD21
PURSUANT TO SECTION 34-32-107 (3) IS SUBJECT TO A CIVIL PENALTY OF22
AT LEAST TWO THOUSAND FIVE HUNDRED DOLLARS PER DAY BUT NO MORE23
THAN FIVE THOUSAND DOLLARS PER DAY FOR EACH ACT OF VIOLATION PER24
DAY THAT THE VIOLATION CONTINUES.25
SECTION 10. In Colorado Revised Statutes, 34-32-123, add (4)26
as follows:27
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34-32-123. Operating without a permit - penalty.1
(4) N OTWITHSTANDING SUBSECTION (2) OF THIS SECTION AND2
UPON THE BOARD OBTAINING REGULATORY PRIMACY PURSUANT TO3
SECTION 32-34-107 (3), AN OPERATOR THAT OPERATES A CLASS III4
INJECTION WELL WITHOUT A PERMIT ISSUED BY THE BOARD IS SUBJECT TO5
A CIVIL PENALTY AS DESCRIBED IN SECTION 34-32-122 (6).6
SECTION 11. In Colorado Revised Statutes, 34-32-124, amend7
(7) as follows:8
34-32-124. Failure to comply with conditions of order, permit,9
or regulation.10
(7) Any A person who THAT violates any provision of any permit11
issued under this article shall be ARTICLE 32, OTHER THAN A CLASS III12
INJECTION WELL PERMIT, IS subject to a civil penalty of not less than one13
hundred dollars per day nor more than one thousand dollars per day for14
each day during which such violation occurs; except that any AN operator15
who THAT operates under a permit issued under section 34-32-110 shall16
be IS subject to a civil penalty of not less than fifty dollars nor more than17
two hundred dollars per day for each day during which such THE violation18
occurs.19
SECTION 12. In Colorado Revised Statutes, 34-32-127, amend20
(2)(a) introductory portion and (2)(a)(IV) introductory portion; and add21
(2)(a)(I)(P) and (2)(a)(IV)(H) as follows:22
34-32-127. Mined land reclamation fund - created - fees - fee23
adjustments - rules.24
(2) (a) The office shall collect fees for STATE fiscal year 2014-1525
and for each subsequent year of operation for operations according to the26
following schedule:27
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(I) Applications pursuant to:1
(P) S ECTION 34-32-107 (3) RELATING TO CLASS III INJECTION2
WELLS.3
(IV) Annual fees for STATE fiscal year 2014-15 and for each4
subsequent year for operations pursuant to:5
(H) S ECTION 34-32-107 (3) RELATING TO CLASS III INJECTION6
WELLS.7
SECTION 13. In Colorado Revised Statutes, 16-5-401, amend8
(4.5)(z) and (4.5)(aa); and add (4.5)(bb) as follows:9
16-5-401. Limitation for commencing criminal proceedings,10
civil infraction proceedings, and juvenile delinquency proceedings -11
definitions.12
(4.5) The period within which a prosecution must be commenced13
begins to run upon discovery of the criminal act or the delinquent act for:14
(z) Abuse of a corpse, pursuant to section 18-13-101; and15
(aa) Criminal offenses relating to misuse of gametes, pursuant to16
section 18-13-131; AND17
(bb) O FFENSES RELATED TO A WILLFUL VIOLATION OF RULES ,18
PERMITS, AUTHORIZATIONS , OR ORDERS RELATED TO UNDERGROUND19
INJECTION WELLS ADOPTED BY THE ENERGY AND CARBON MANAGEMENT20
COMMISSION PURSUANT TO SECTION 34-60-106 (9) AND (23) OR ADOPTED21
BY THE MINED LAND RECLAMATION BOARD PURS UANT TO SECTION22
34-32-107 (3).23
SECTION 14. Appropriation. (1) For the 2026-27 state fiscal24
year, $213,867 is appropriated to the department of natural resources.25
This appropriation is from the energy and carbon management cash fund26
created in section 34-60-122 (5)(a), C.R.S. To implement this act, the27
1112-15-
department may use this appropriation as follows:1
(a) $172,326 for use by the energy and carbon management2
commission for program costs, which amount is based on an assumption3
that the commission will require an additional 1.3 FTE; and4
(b) $41,541 for use by the executive director's office for the5
purchase of legal services.6
(2) For the 2026-27 state fiscal year, $41,541 is appropriated to7
the department of law. This appropriation is from reappropriated funds8
received from the department of natural resources under subsection (1)(b)9
of this section and is based on an assumption that the department of law10
will require an additional 0.2 FTE. To implement this act, the department11
of law may use this appropriation to provide legal services for the12
department of natural resources.13
SECTION 15. Act subject to petition - effective date -14
applicability. (1) This act takes effect at 12:01 a.m. on the day following15
the expiration of the ninety-day period after final adjournment of the16
general assembly (August 12, 2026, if adjournment sine die is on May 13,17
2026); except that, if a referendum petition is filed pursuant to section 118
(3) of article V of the state constitution against this act or an item, section,19
or part of this act within such period, then the act, item, section, or part20
will not take effect unless approved by the people at the general election21
to be held in November 2026 and, in such case, will take effect on the22
date of the official declaration of the vote thereon by the governor.23
(2) This act applies to conduct occurring on or after the applicable24
effective date of this act.25
1112-16-