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HB26-1121 • 2026

Public Accessibility of Emissions Records

Beginning January 1, 2028, the bill requires a person that owns, leases, operates, controls, or supervises a building, structure, facility, or installation that emits or may emit an air pollutant (own

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rep. L. García, Rep. B. Marshall, Sen. L. Cutter, Sen. C. Kipp
Last action
2026-02-26
Official status
House Committee on Energy & Environment Postpone Indefinitely
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on the frequency or method of updates beyond following schedules set by state or federal authorities.

Making Air Pollution Records Public

This bill requires owners or operators of buildings, structures, facilities, or installations that emit air pollutants to make their emissions records publicly available on their websites starting January 1, 2028.

What This Bill Does

  • Requires owners and operators of emission sources to put their emissions records online by January 1, 2028.
  • Updates the records regularly based on how often they are given to state or federal authorities.
  • Allows for redaction of confidential business information in the public records.

Who It Names or Affects

  • Owners and operators of buildings, structures, facilities, or installations that emit air pollutants.

Terms To Know

Emissions Records
Information about the amount and type of air pollution released by a building, structure, facility, or installation.
Owner or Operator
The person who owns, leases, operates, controls, or supervises a place that emits air pollutants.

Limits and Unknowns

  • Applies only to records generated on or after December 1, 2027.
  • Details about enforcement and penalties are included in other sections of Colorado law.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.001

HOU Energy & Environment

Passed [*]

Plain English: The amendment requires owners or operators of facilities that emit air pollutants to add a plain-language summary on their public website, making it easier for the public to understand the emissions records.

  • Adds a new requirement for facility owners and operators to include a simple summary of their emissions records on their websites.
  • The summary must list major pollutant categories, specify the reporting period, describe the type of facility and its primary emission activities, and use clear language.
  • The amendment does not provide specific details on how to implement or enforce this new requirement.
L.002

HOU Energy & Environment

Passed [*]

Plain English: The amendment adds a new requirement for owners or operators to update their public website with emissions records if these records are not being regularly provided to the state or federal government but are required by law.

  • Adds a new clause (II) after line 10 on page 4 of the bill, which requires owners or operators to upload updated emissions records to their public websites within the same month that these records are generated according to state or federal laws.
  • The amendment text does not specify what happens if an owner or operator fails to comply with this new requirement.
L.003

HOU Energy & Environment

Passed [*]

Plain English: The amendment adds a provision to the Colorado Revised Statutes that emissions records published on an owner or operator's public website do not count as constructive notice for the division when assessing penalties.

  • Adds language stating that publishing emissions records on a public website does not constitute constructive notice to the division.
  • The amendment text is specific and clear, but its full impact depends on how it interacts with other parts of the statute which are not provided here.
L.004

HOU Energy & Environment

Passed [*]

Plain English: The amendment adds new details about Colorado's ongoing process with the United States Environmental Protection Agency regarding air pollution regulations.

  • Adds a new paragraph (e) stating that the EPA granted Colorado’s petition to reconsider its disapproval of Colorado’s state implementation plan for air pollution control.
  • Includes paragraphs (f) and (g) which describe Colorado's submission of a revised state implementation plan addressing previous deficiencies, and notes that as of February 2026, the EPA is still reviewing comments on this new plan.
  • The amendment does not specify what actions will be taken based on the EPA’s final decision.
  • It is unclear how long it will take for the EPA to finalize its rule regarding Colorado's state implementation plan.
L.005

HOU Energy & Environment

Passed [*]

Plain English: The amendment changes the bill to include specific definitions for 'confidential business information' and 'emissions record,' which will help clarify what types of records can be kept private or must be made public.

  • Adds a new section defining 'confidential business information' as any information an owner or operator is allowed to redact under state or federal law.
  • Defines 'emissions record' as the documents required by various environmental regulations, including rules from the Colorado Air Quality Control Commission and permits issued by the EPA.
  • The amendment does not specify how these definitions will affect public access to emissions records beyond clarifying what constitutes confidential business information.
L.006

HOU Energy & Environment

Passed [*]

Plain English: The amendment adds new sections to HB26-1121 that require owners and operators of buildings or facilities emitting pollutants to make their emission records accessible to the public, not just available to the state.

  • Adds a new section (h) comparing posting emission records to putting up signs about hazardous conditions on property.
  • Inserts a new section (i) stating that making emission records accessible helps the public and adjoining property owners understand and verify air quality enforcement efforts.
  • Includes a new section (j) explaining Colorado's susceptibility to air quality issues due to its geography, weather, population growth, and industries.
  • Adds a new section (k) emphasizing the importance of disclosing factual emissions data for public health protection.
  • The amendment text does not specify how or where emission records must be made accessible to the public.

Bill History

  1. 2026-02-26 House

    House Committee on Energy & Environment Postpone Indefinitely

  2. 2026-02-04 House

    Introduced In House - Assigned to Energy & Environment

Official Summary Text

Beginning January 1, 2028, the bill requires a person that owns, leases, operates, controls, or supervises a building, structure, facility, or installation that emits or may emit an air pollutant (owner or operator) to make all emissions records that the owner or operator is required by state or federal law to maintain (records) publicly available and accessible on the owner or operator's public website. Except in certain circumstances, the owner or operator is required to update the records following the same schedule as the records are made available to the state or the United States. These requirements apply only to records that are generated on or after December 1, 2027.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0594.01 Sarah Lozano x3858 HOUSE BILL 26-1121
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
CONCERNING REQUIRING PUBLIC ACCESSIBILITY OF STATIONARY101
SOURCE EMISSIONS RECORDS.102
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.)
Beginning January 1, 2028, the bill requires a person that owns,
leases, operates, controls, or supervises a building, structure, facility, or
installation that emits or may emit an air pollutant (owner or operator) to
make all emissions records that the owner or operator is required by state
or federal law to maintain (records) publicly available and accessible on
the owner or operator's public website. Except in certain circumstances,
HOUSE SPONSORSHIP
Marshall and Garcia,
SENATE SPONSORSHIP
Cutter and Kipp,
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.
the owner or operator is required to update the records following the same
schedule as the records are made available to the state or the United
States. These requirements apply only to records that are generated on or
after December 1, 2027.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Congress enacted the "Clean Air Act" in 1963 when electronic4
and digital business records were nonexistent;5
(b) Colorado continues to suffer from high levels of air pollution6
and, in the summer of 2024, exceeded the United States environmental7
protection agency's ozone limits for 40 days;8
(c) In May of 2023, the United States environmental protection9
agency issued a limited disapproval of Colorado's state implementation10
plan after finding that Colorado's practice of providing emissions records11
to the state only on request did not sufficiently allow practical public12
access to information necessary to determine compliance with the "Clean13
Air Act";14
(d) In July of 2023, Colorado's attorney general filed a petition15
with the United States court of appeals for the tenth circuit for review of16
the United States environmental protection agency's disapproval;17
(e) The case settled, and the new presidential administration18
rescinded the rule allowing Colorado to continue the current practice of19
making air pollution records available to the state upon request, but not20
making the records accessible to the public;21
(f) Air pollution emissions travel from a polluter's private property22
into the air of other private property owners and into public spaces;23
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(g) People have a right to know what pollutants and discharges are1
emitted into the air they breathe and onto the property they own;2
(h) Pollution records are now kept in easily accessible electronic3
and digital formats that were unanticipated when congress enacted the4
"Clean Air Act";5
(i) The cost of electronic database storage for records is nominal,6
ranging from one cent to 20 cents per gigabyte; and7
(j) It is in the public interest and supports the health and welfare8
of Colorado residents to require that pollution records be both available9
to the state for inspection and accessible to the public.10
SECTION 2. In Colorado Revised Statutes, add 25-7-109.7 as11
follows:12
25-7-109.7. Emissions records - public accessibility - civil13
penalties - definition.14
(1) Definition. AS USED IN THIS SECTION , UNLESS THE CONTEXT15
OTHERWISE REQUIRES, "CONFIDENTIAL BUSINESS INFORMATION" MEANS16
INFORMATION THAT AN OWNER OR OPERATOR IS PERMITTED TO REDACT17
UNDER APPLICABLE STATE OR FEDERAL LAW.18
(2) Public accessibility of emissions records.19
(a) BEGINNING JANUARY 1, 2028, AN OWNER OR OPERATOR SHALL20
MAKE ALL EMISSIONS RECORDS THAT THE OWNER OR OPERATOR IS21
REQUIRED BY STATE OR FEDERAL LAW TO MAINTAIN PUBLICLY AVAILABLE22
AND ACCESSIBLE THROUGH A LINK ON THE OWNER OR OPERATOR'S PUBLIC23
WEBSITE. THE OWNER OR OPERATOR SHALL MAINTAIN THE RECORDS IN A24
DIGITAL FORMAT THAT IS DOWNLOADABLE.25
(b) A N OWNER OR OPERATOR SHALL UPDATE THE RECORDS26
MAINTAINED ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE PURSUANT27
HB26-1121-3-
TO SUBSECTION (2)(a) OF THIS SECTION FOLLOWING THE SAME SCHEDULE1
AS THE RECORDS ARE MADE AVAILABLE TO THE STATE OR THE UNITED2
STATES; EXCEPT THAT ANY RECORDS PROVIDED TO THE STATE OR THE3
UNITED STATES MORE OFTEN THAN MONTHLY MAY BE UPLOADED TO THE4
OWNER OR OPERATOR 'S PUBLIC WEBSITE ON A MONTHLY BASIS . FOR5
RECORDS THAT ARE PROVIDED TO THE STATE OR THE UNITED STATES ON6
A QUARTERLY BASIS OR LESS OFTEN , THE OWNER OR OPERATOR SHALL7
UPDATE SUCH RECORDS ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE8
ON OR BEFORE THE FIRST DAY OF THE MONTH FOLLOWING WHEN THE9
RECORDS ARE MADE AVAILABLE TO THE STATE OR THE UNITED STATES.10
(c) T HE RECORDS MAINTAINED ON THE OWNER OR OPERATOR 'S11
PUBLIC WEBSITE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION MAY12
BE REDACTED TO PROTECT CONFIDENTIAL BUSINESS INFORMATION.13
(d) (I) THIS SECTION APPLIES TO RECORDS THAT ARE GENERATED14
ON OR AFTER DECEMBER 1, 2027.15
(II) NOTHING IN THIS SECTION REQUIRES AN OWNER OR OPERATOR16
TO INCLUDE RECORDS THAT WERE GENERATED BEFORE DECEMBER 1,17
2027, ON THE OWNER OR OPERATOR'S PUBLIC WEBSITE.18
(3) Civil penalties. CIVIL PENALTIES ASSESSED AND COLLECTED19
FOR VIOLATIONS OF THIS SECTION PURSUANT TO SECTION 25-7-122 SHALL20
BE CREDITED IN ACCORDANCE WITH SECTION 25-7-129 (2).21
SECTION 3. In Colorado Revised Statutes, 25-7-122, amend22
(1)(b) introductory portion as follows:23
25-7-122. Civil penalties - rules.24
(1) Upon application of the division, the division may collect25
penalties as determined under this article 7 by instituting an action in the26
district court for the district in which the air pollution source affected is27
HB26-1121-4-
located, in accordance with the following provisions:1
(b) Any person who violates any requirement or prohibition of a2
final order of the division or commission, an applicable emission control3
regulation of the commission, the state implementation plan, a4
construction permit, any provision for the prevention of significant5
deterioration under part 2 of this article 7, any provision related to6
attainment under part 3 of this article 7, or any provision of or7
commission rule adopted pursuant to section 25-7-105, 25-7-106,8
25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-109.7, 25-7-111,9
25-7-112, 25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141,10
25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403,11
42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or12
42-4-414 is subject to a civil penalty of not more than forty-seven13
thousand three hundred fifty-seven do llars per day for each day of the14
violation; except that:15
SECTION 4. In Colorado Revised Statutes, 25-7-129, amend16
(2)(a) introductory portion, (2)(a)(IV), and (2)(a)(V) introductory portion;17
and add (2)(a)(VI), (2)(a)(VII), (2)(a)(VIII), (2)(a)(IX), and (2)(c) as18
follows:19
25-7-129. Disposition of fines - community impact cash fund20
- repeal.21
(2) (a) The state treasurer shall credit the receipts from penalties22
or fines collected under sections 25-7-109.7, 25-7-115, 25-7-122, and23
25-7-123 in the following manner:24
(IV) For state fiscal year 2024-25, eighty percent of the receipts25
from penalties or fines collected during the fiscal year shall be credited26
to the fund, and twenty percent to the general fund; and27
HB26-1121-5-
(V) For state fiscal year 2025-26: and any state fiscal year1
thereafter:2
(VI) FOR STATE FISCAL YEAR 2026-27:3
(A) THE FIRST FIVE HUNDRED THOUSAND DOLLARS TO FUND THE4
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 'S COSTS TO5
IMPLEMENT SECTION 25-7-109.7;6
(B) T HE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE7
EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND8
(C) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND;9
(VII) FOR STATE FISCAL YEAR 2027-28:10
(A) THE FIRST NINE HUNDRED THOUSAND DOLLARS TO FUND THE11
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 'S COSTS TO12
IMPLEMENT SECTION 25-7-109.7;13
(B) T HE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE14
EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND15
(C) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND;16
(VIII) FOR STATE FISCAL YEAR 2028-29:17
(A) THE FIRST NINE HUNDRED THOUSAND DOLLARS TO FUND THE18
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 'S COSTS TO19
IMPLEMENT SECTION 25-7-109.7;20
(B) T HE NEXT ONE MILLION DOLLARS TO THE MOTOR VEHICLE21
EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND22
(C) O NE HUNDRED PERCENT OF THE REMAINDER TO THE FUND ;23
AND24
(IX) F OR STATE FISCAL YEAR 2029-30 AND ANY STATE FISCAL25
YEAR THEREAFTER:26
(A) T HE FIRST ONE MILLION DOLLARS TO THE MOTOR VEHICLE27
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EMISSIONS ASSISTANCE FUND ESTABLISHED IN SECTION 25-7-129.5; AND1
(B) ONE HUNDRED PERCENT OF THE REMAINDER TO THE FUND.2
(c) T HIS SUBSECTION (2)(c) AND SUBSECTIONS (2)(a)(V),3
(2)(a)(VI), (2)(a)(VII), AND (2)(a)(VIII) OF THIS SECTION ARE REPEALED,4
EFFECTIVE SEPTEMBER 1, 2030.5
SECTION 5. In Colorado Revised Statutes, 25-7-129.5, amend6
(2) as follows:7
25-7-129.5. Motor vehicle emissions assistance fund - division8
to provide grants - gifts, grants, or donations - definition.9
(2) The motor vehicle emissions assistance fund is created in the10
state treasury. The fund consists of money credited to the fund pursuant11
to section 25-7-129 (2)(a)(V)(A) SECTION 25-7-129 (2)(a), any other12
money that the general assembly may appropriate or transfer to the fund,13
and any gifts, grants, and donations received under subsection (5) of this14
section.15
SECTION 6. Safety clause. The general assembly finds,16
determines, and declares that this act is necessary for the immediate17
preservation of the public peace, health, or safety or for appropriations for18
the support and maintenance of the departments of the state and state19
institutions.20
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