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SENATE BILL 26-101
BY SENATOR(S) Pelton B. and Roberts, Ball, Benavidez, Catlin, Jodeh,
Kirkmeyer, Simpson, Snyder, Coleman;
also REPRESENTATIVE(S) Richardson and Lukens, Barron, Boesenecker,
Caldwell, Duran, English, Flanell, Froelich, Hamrick, Jackson, Johnson,
Keltie, McCormick, Nguyen, Ricks, Rutinel, Rydin, Smith, Soper,
Stewart K., Velasco, Weinberg, Winter T., Woog, McCluskie.
CONCERNING MEASURES TO ASSIST LOCAL GOVERNMENTS IN COMPLYING
WITH LANDFILL METHANE EMISSION REDUCTION REGULATIONS
ADOPTED BY THE AIR QUALITY CONTROL COMMISSION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) On December 18, 2025, the air quality control commission in the
department of public health and environment adopted Regulation Number
31, "Control ofMethane Emissions from Municipal Solid Waste Landfills",
5 CCR 1001-35, to reduce methane emissions and other air pollutants from
municipal solid waste landfills;
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(b) Regulation Number 31 requires certain municipal solid waste
landfills to reduce methane emissions through the installation and operation
of gas collection and control systems and improved monitoring and gas
management, thereby supporting cleaner air and lowering greenhouse gas
emissions; and
( c) Compliance with Regulation Number 31 may impose a financial
burden on some entities that own or operate municipal solid waste landfills.
(2) The general assembly further finds and declares that:
(a) The community impact cash fund was created in section
25-7-129, Colorado Revised Statutes, to provide financial assistance for
environmental mitigation projects through the environmental justice grant
program using air quality-related penalty revenue. The community impact
cash fund is an existing source of state financial assistance intended to
address impacts of air and water quality to local disproportionately
impacted communities and infrastructures.
(b) The local government mineral impact fund, created in section
34-63-102 (5), Colorado Revised Statutes, consists of money that is
distributed by the executive director of the department of local affairs to
counties, federal mineral lease districts, and municipalities in accordance
with guidelines established by the executive director in consultation with
the energy impact assistance advisory committee;
( c) It is the intent of the general assembly that money in the
community impact cash fund and local government mineral impact fund
may be used to assist entities in complying with Regulation Number 31;
( d) In determining any financial assistance for municipal solid waste
landfill methane emission reduction projects, priority should be given to
municipal solid waste landfills that are owned or operated by local
governments in recognition oflocal governments' limited access to private
capital; and
( e) Clarifying the availability and prioritization of these funding
sources will support timely compliance with Regulation Number 31, protect
public health, and reduce greenhouse gas emissions.
PAGE 2-SENATE BILL 26-101
SECTION 2. In Colorado Revised Statutes, 25-7-129, add (3 )(g)
as follows:
25-7-129. Disposition of fines - community impact cash fund -
repeal.
(3) (g) (I) PURSUANT TO THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT'S AUTHORITY TO EXPEND MONEY FROM THE FUND TO PROVIDE
GRANTS FOR ENVIRONMENTAL MITIGATION PROJECTS IN
DISPROPORTIONATELY IMPACTED COMMUNITIES PURSUANT TO SECTION
25-1-134 (2)(g)(VII), THE DEPARTMENT MAY EXPEND MONEY FROM THE
FUND TO PROVIDE GRANTS FOR MUNICIPAL SOLID WASTE LANDFILL METHANE
EMISSION REDUCTION PROJECTS THAT ARE CONDUCTED IN ACCORDANCE
WITH RULES ADOPTED BY THE COMMISSION UNDER THIS ARTICLE 7 AND THAT
QUALIFY AS ENVIRONMENTAL MITIGATION PROJECTS, AS DEFINED IN SECTION
25-1-134 (4)(b).
(11) THE ENVIRONMENTAL JUSTICE ADVISORY BOARD, CREATED IN
SECTION 25-1-134 (2)(a), SHALL PRIORITIZE A GRANT REQUEST FOR THE
PURPOSE OF COMPLYING WITH MUNICIPAL SOLID WASTE LANDFILL METHANE
EMISSION REDUCTION REQUIREMENTS FROM A LOCAL GOVERNMENT THAT
OWNS OR OPERATES A MUNICIPAL SOLID WASTE LANDFILL OVER A GRANT
REQUEST FROM A PRIVATE ENTITY THAT OWNS OR OPERATES A MUNICIPAL
SOLID WASTE LANDFILL.
(III) AN ENTITY SHALL USE MONEY EXPENDED BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SUBSECTION (3)(g)(I)
OF THIS SECTION AS SUPPLEMENTAL FUNDING ONLY AND NOT AS THE
EXCLUSIVE SOURCE OF FUNDING FOR COMPLIANCE WITH MUNICIPAL SOLID
WASTE LANDFILL METHANE EMISSION REDUCTION REQUIREMENTS. WITH THE
EXCEPTION OF SUPPLEMENTAL FUNDING GRANTS FOR ENVIRONMENTAL
MITIGATION PROJECTS PROVIDED PURSUANT TO SUBSECTION (3)(g)(I) OF
THIS SECTION, NOTHING IN THIS SUBSECTION (3)(g) RELIEVES AN ENTITY OF
THE RESPONSIBILITY TO OTHERWISE ENSURE ADEQUATE FUNDING FOR
MUNICIPAL SOLID WASTE LANDFILL METHANE EMISSION REDUCTION
PROJECTS IN COMPLIANCE WITH APPLICABLE COMMISSION RULES.
SECTION 3. In Colorado Revised Statutes, 24-4-109, amend
(2)(b )(II) introductory portion as follows:
PAGE 3-SENATE BILL 26-101
24-4-109. State engagement of disproportionately impacted
communities -definitions.
(2) Definitions.
(b) As used in this section and sections 25-1-134 and 25-7-105
( 1 )( e ), unless the context otherwise requires:
(II) "Disproportionately impacted community" means a community
that is described in subsection (2)(b )(II)(G) or (2)(b )(II)(H) of this section
or that is in a census block group, as determined in accordance with the
most I cecnt fh c-y cat United States bm can of the census Arncdean
eommttnicy SUI vC)1 FIVE-YEAR UNITED STATES BUREAU or THE CENSUS
AMERICAN COMMUNITY SURVEY RELEASED NO LATER THAN THREE YEARS
PRIOR and meets one or more of the following criteria:
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section l (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 4-SENATE BILL 26-101
(2) This act applies to conduct occurring on or after the applicable
effective date of this act.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van ourik
SECRETARY OF
THE SENATE
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ~ eilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED oY\ \\-tv.-sdt, (Y\"'i 2.,\ st 201-<,p til4'. \ \: 30lilvn
(Date an Time)
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