SB26-101 • 2026

Local Government Landfill Methane Emission Reduction Regulations

Under current law, the air quality control commission (commission) in the department of public health and environment is directed to adopt emission control regulations for significant sources of air p

Energy

Passed Legislature

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

Sponsor: Sen. B. Pelton, Sen. D. Roberts, Rep. C. Richardson, Sen. M. Ball, Sen. A. Benavidez, Sen. M. Catlin, Sen. J. Coleman, Sen. I. Jodeh, Sen. B. Kirkmeyer, Sen. C. Simpson, Sen. M. Snyder
Last action: 2026-04-20
Official status: Introduced In House - Assigned to Transportation, Housing & Local Government
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on how much money counties can use from the funds mentioned.

Rules for Reducing Methane from Landfills

This bill allows counties to use certain funds to meet new landfill methane emission standards and sets rules for the Air Quality Control Commission.

What This Bill Does

Allows a county to utilize money from specific state funds to comply with landfill methane emission reduction requirements set by the commission.
Requires the air quality enterprise to research best practices for reducing methane emissions from landfills.
Requires the commission to consider debt service availability when developing schedules of compliance for landfills.
Establishes a process where landfill owners can request a waiver from some methane emission rules if they have financial difficulties.
Exempts local governments from paying noncompliance penalties if they cannot meet methane reduction standards due to lack of money.

Who It Names or Affects

Counties and local governments that own or operate landfills
The Air Quality Control Commission

Terms To Know

Air Quality Control Commission: A group in the Department of Public Health and Environment that makes rules to control air pollution.
Methane: A gas produced by landfills that can contribute to climate change.

Limits and Unknowns

The bill does not specify how much money counties can use from the funds mentioned.
It is unclear if all local governments will be able to take advantage of these rules due to varying financial situations.

Amendments

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

L.001

SEN Transportation & Energy

Passed [*]

Plain English: The amendment adds a new section to an existing law, allowing grants from the community impact cash fund for local governments to help with methane emission reduction projects at municipal solid waste landfills.

Adds a new provision that allows the Department of Public Health and Environment to provide grants from the community impact cash fund to local governments for methane emission reduction projects at municipal solid waste landfills.
Prioritizes grant requests from local governments over private entities when it comes to funding for complying with landfill methane emission reduction requirements.

The amendment does not specify how much money will be available in the community impact cash fund or the exact criteria for prioritizing grants.
It is unclear what additional steps local governments must take beyond receiving supplemental funding to ensure compliance with methane emission reduction regulations.

L.002

SEN Transportation & Energy

Passed [*]

Plain English: The amendment changes references to local governments in the bill to a broader term 'entity' and adds the word 'Number' after 'Regulation'.

Changes all mentions of 'local government' to 'an entity', making the rule apply to more than just local governments.
Adds the word 'Number' after 'Regulation' in several places.

The amendment does not provide details on what types of entities other than local governments will be affected, leaving some uncertainty about its scope.

L.005

Second Reading

Passed [**]

Plain English: The amendment adds a new definition for 'disproportionately impacted community' in Colorado Revised Statutes, specifying how such communities are identified based on recent census data.

Adds a specific reference to the five-year United States Bureau of the Census American Community Survey released no later than three years prior to identifying disproportionately impacted communities.

The amendment text does not provide full context or details about how this new definition will be used in existing sections (25-1-134 and 25-7-105), which limits a complete understanding of its impact.

L.006

Second Reading

Passed [**]

Plain English: The amendment modifies the language in a report to emphasize that certain local government landfill methane emission reduction regulations apply specifically to communities disproportionately affected by such projects.

Adds 'certain' after 'requires' on page 1, line 10 of the Transportation and Energy Committee Report.
Inserts 'disproportionately impacted' after 'local' on page 1, line 24.
Includes 'IN DISPROPORTIONATELY IMPACTED COMMUNITIES' after 'PROJECTS' on page 2, line 22.

The exact impact of these changes is not fully explained in the provided amendment text.

Bill History

2026-04-20 House
Introduced In House - Assigned to Transportation, Housing & Local Government
2026-04-20 Senate
Senate Third Reading Passed - No Amendments
2026-04-17 Senate
Senate Second Reading Passed with Amendments - Committee, Floor
2026-04-16 Senate
Senate Second Reading Laid Over to 04/17/2026 - No Amendments
2026-04-13 Senate
Senate Committee on Transportation & Energy Refer Amended to Senate Committee of the Whole
2026-02-11 Senate
Introduced In Senate - Assigned to Transportation & Energy

Official Summary Text

Under current law, the air quality control commission (commission) in the department of public health and environment is directed to adopt emission control regulations for significant sources of air pollutants. A solid waste landfill (landfill) is a significant source of air pollutants such as methane.
The bill:
Allows a county to utilize money from the community impact cash fund, air quality enterprise cash fund, and local government mineral impact fund for the purpose of complying with landfill methane emission reduction requirements adopted by the commission;
Requires the air quality enterprise to research best practices for reducing methane emissions from landfills;
Requires the commission to consider debt service availability when developing schedules of compliance for landfills;
Requires the commission to establish a process for an owner or operator of a landfill to request a waiver from methane emission reduction requirements;
States that a landfill that reaches or exceeds applicable methane emission limits on or after the effective date of the bill is not subject to methane emission reduction requirements until 2 years after the landfill reaches or exceeds applicable methane emission limits; and
Exempts a local government from paying a noncompliance penalty for failure to comply with requirements to reduce methane emissions from landfills if the local government demonstrates that the failure to comply is due solely to a financial inability to comply.
(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
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0285.01 Clare Haffner x6137 SENATE BILL 26-101
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING MEASURES TO ASSI ST LOCAL GOVERNMENTS IN101
COMPLYING WITH LANDFILL METHANE EMISSION REDUCTION102
REGULATIONS ADOPTED BY THE AIR QUALITY CONTROL103
COMMISSION.104
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 w ill be av ailable at
http://leg.colorado.gov.)
Under current law, the air quality control commission
(commission) in the department of public health and environment is
directed to adopt emission control regulations for significant sources of
SENATE
3rd Reading Unamended
April 20, 2026
SENATE
Amended 2nd Reading
April 17, 2026
SENATE SPONSORSHIP
Pelton B. and Roberts, Ball, Benavidez, Catlin, Coleman, Jodeh, Kirkmeyer, Simpson,
Snyder
HOUSE SPONSORSHIP
Richardson,
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.
air pollutants. A solid waste landfill (landfill) is a significant source of air
pollutants such as methane.
The bill:
!Allows a county to utilize money from the community
impact cash fund, air quality enterprise cash fund, and local
government mineral impact fund for the purpose of
complying with landfill methane emission reduction
requirements adopted by the commission;
! Requires the air quality enterprise to research best practices
for reducing methane emissions from landfills;
! Requires the commission to consider debt service
availability when developing schedules of compliance for
landfills;
! Requires the commission to establish a process for an
owner or operator of a landfill to request a waiver from
methane emission reduction requirements;
! States that a landfill that reaches or exceeds applicable
methane emission limits on or after the effective date of the
bill is not subject to methane emission reduction
requirements until 2 years after the landfill reaches or
exceeds applicable methane emission limits; and
! Exempts a local government from paying a noncompliance
penalty for failure to comply with requirements to reduce
methane emissions from landfills if the local government
demonstrates that the failure to comply is due solely to a
financial inability to comply.
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) On December 18, 2025, the air quality control commission in4
the department of public health and environment adopted Regulation5
Number 31, "Control of Methane Emissions from Municipal Solid Waste6
Landfills", 5 CCR 1001-35, to reduce methane emissions and other air7
pollutants from municipal solid waste landfills;8
(b) Regulation Number 31 requires certain municipal solid waste9
landfills to reduce methane emissions through the installation and10
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operation of gas collection and control systems and improved monitoring1
and gas management, thereby supporting cleaner air and lowering2
greenhouse gas emissions; and3
(c) Compliance with Regulation Number 31 may impose a4
financial burden on some entities that own or operate municipal solid5
waste landfills.6
(2) The general assembly further finds and declares that:7
(a) The community impact cash fund was created in section8
25-7-129, Colorado Revised Statutes, to provide financial assistance for9
environmental mitigation projects through the environmental justice grant10
program using air quality-related penalty revenue. The community impact11
cash fund is an existing source of state financial assistance intended to12
address impacts of air and water quality to local disproportionately13
impacted communities and infrastructures.14
(b) The local government mineral impact fund, created in section15
34-63-102 (5), Colorado Revised Statutes, consists of money that is16
distributed by the executive director of the department of local affairs to17
counties, federal mineral lease districts, and municipalities in accordance18
with guidelines established by the executive director in consultation with19
the energy impact assistance advisory committee;20
(c) It is the intent of the general assembly that money in the21
community impact cash fund and local government mineral impact fund22
may be used to assist entities in complying with Regulation Number 31;23
(d) In determining any financial assistance for municipal solid24
waste landfill methane emission reduction projects, priority should be25
given to municipal solid waste landfills that are owned or operated by26
local governments in recognition of local governments' limited access to27
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private capital; and1
(e) Clarifying the availability and prioritization of these funding2
sources will support timely compliance with Regulation Number 31,3
protect public health, and reduce greenhouse gas emissions.4
SECTION 2. In Colorado Revised Statutes, 25-7-129, add (3)(g)5
as follows:6
25-7-129. Disposition of fines - community impact cash fund7
- repeal.8
(3) (g) (I) PURSUANT TO THE DEPARTMENT OF PUBLIC HEALTH AND9
ENVIRONMENT'S AUTHORITY TO EXPEND MONEY FROM THE FUND TO10
PROVIDE GRANTS FOR ENVIRONMENTAL MITIGATION PROJECTS IN11
DISPROPORTIONATELY IMPACTED COMMUNITIES PURSUANT TO SECTION12
25-1-134 (2)(g)(VII), THE DEPARTMENT MAY EXPEND MONEY FROM THE13
FUND TO PROVIDE GRANTS FOR MUNICIPAL SOLID WASTE LANDFILL14
METHANE EMISSION REDUCTION PROJECTS THAT ARE CONDUCTED IN15
ACCORDANCE WITH RULES ADOPTED BY THE COMMISSION UNDER THIS16
ARTICLE 7 AND THAT QUALIFY AS ENVIRONMENTAL MITIGATION PROJECTS,17
AS DEFINED IN SECTION 25-1-134 (4)(b).18
(II) THE ENVIRONMENTAL JUSTICE ADVISORY BOARD, CREATED IN19
SECTION 25-1-134 (2)(a), SHALL PRIORITIZE A GRANT REQUEST FOR THE20
PURPOSE OF COMPLYING WITH MUNICIPAL SOLID WASTE LANDFILL21
METHANE EMISSION REDUCTION REQUIREMENTS FROM A LOCAL22
GOVERNMENT THAT OWNS OR OPERATES A MUNICIPAL SOLID WASTE23
LANDFILL OVER A GRANT REQUEST FROM A PRIVATE ENTITY THAT OWNS24
OR OPERATES A MUNICIPAL SOLID WASTE LANDFILL.25
(III) A N ENTITY SHALL USE MONEY EXPENDED BY THE26
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO27
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SUBSECTION (3)(g)(I) OF THIS SECTION AS SUPPLEMENTAL FUNDING ONLY1
AND NOT AS THE EXCLUSIVE SOURCE OF FUNDING FOR COMPLIANCE WITH2
MUNICIPAL SOLID WASTE LANDFILL METHANE EMISSION REDUCTION3
REQUIREMENTS. WITH THE EXCEPTION OF SUPPLEMENTAL FUNDING4
GRANTS FOR ENVIRONMENTAL MITIGATION PROJECTS PROVIDED PURSUANT5
TO SUBSECTION (3)(g)(I) OF THIS SECTION, NOTHING IN THIS SUBSECTION6
(3)(g) RELIEVES AN ENTITY OF THE RESPONSIBILITY TO OTHERWISE ENSURE7
ADEQUATE FUNDING FOR MUNICIPAL SOLID WASTE LANDFILL METHANE8
EMISSION REDUCTION PROJECTS IN COMPLIANCE WITH APPLICABLE9
COMMISSION RULES.10
SECTION 3. In Colorado Revised Statutes, 24-4-109, amend11
(2)(b)(II) introductory portion as follows:12
24-4-109. State engagement of disproportionately impacted13
communities - definitions.14
(2) Definitions.15
(b) As used in this section and sections 25-1-134 and 25-7-10516
(1)(e), unless the context otherwise requires:17
(II) "Disproportionately impacted community" means a18
community that is described in subsection (2)(b)(II)(G) or (2)(b)(II)(H)19
of this section or that is in a census block group, as determined in20
accordance with the most recent five-year United States bureau of the21
census American community survey FIVE-YEAR UNITED STATES BUREAU22
OF THE CENSUS AMERICAN COMMUNITY SURVEY RELEASED NO LATER23
THAN THREE YEARS PRIOR and meets one or more of the following24
criteria:25
SECTION 4. Act subject to petition - effective date -26
applicability. (1) This act takes effect at 12:01 a.m. on the day following27
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the expiration of the ninety-day period after final adjournment of the1
general assembly (August 12, 2026, if adjournment sine die is on May 13,2
2026); except that, if a referendum petition is filed pursuant to section 13
(3) of article V of the state constitution against this act or an item, section,4
or part of this act within such period, then the act, item, section, or part5
will not take effect unless approved by the people at the general election6
to be held in November 2026 and, in such case, will take effect on the7
date of the official declaration of the vote thereon by the governor.8
(2) This act applies to conduct occurring on or after the applicable9
effective date of this act.10
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