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
Last action: 2026-04-13
Official status: Senate Committee on Transportation & Energy Refer Amended to Senate Committee of the Whole
Effective date: Not listed

Plain English Breakdown

The bill summary provided does not include all details of the candidate explanation, such as specific financial considerations and exemption processes. Some claims were removed due to lack of supporting evidence in the official source material.

Local Government Landfill Methane Emission Reduction Regulations

This bill allows counties to use certain funds for complying with new landfill methane emission rules and requires research on best practices for reducing emissions.

What This Bill Does

Allows a county to utilize money from specific funds 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;
Establishes a process for an owner or operator of a landfill to request a waiver from methane emission reduction requirements;
Exempts local governments from paying noncompliance penalties if they cannot afford to comply with methane emission rules.

Who It Names or Affects

Counties and local governments that own or operate solid waste landfills.
The air quality control commission in the department of public health and environment.

Terms To Know

Methane: A gas produced by landfills that can harm the environment.
Air Quality Control Commission: The group responsible for setting rules to control air pollution in Colorado.

Limits and Unknowns

The bill does not specify how much money counties can use from funds.
It is unclear what specific best practices the research will identify.
The bill's effectiveness depends on future regulations set by the Air Quality Control Commission.

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 subsection (g) in Colorado Revised Statutes 25-7-129 that allows grants from the community impact cash fund to be provided 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 text does not specify the exact amount of funds available or how grants will be distributed beyond prioritizing local government projects.

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.

Bill History

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
INTRODUCED

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 SPONSORSHIP
Pelton B.,
HOUSE SPONSORSHIP
(None),
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. In Colorado Revised Statutes, 25-7-129, add (3)(g)2
as follows:3
25-7-129. Disposition of fines - community impact cash fund4
- repeal.5
(3) (g) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT6
MAY EXPEND MONEY FROM THE FUND TO PROVIDE GRANTS TO COUNTIES7
FOR SOLID WASTE LANDFILL METHANE EMISSION REDUCTION PROJECTS8
CONDUCTED IN ACCORDANCE WITH RULES ADOPTED BY THE COMMISSION9
UNDER THIS ARTICLE 7.10
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SECTION 2. In Colorado Revised Statutes, 25-7-103.5, amend1
(1) introductory portion, (1)(j)(IV), (3)(c)(VIII), and (4)(d); repeal2
(1)(j)(V); and add (1)(j)(VI) and (1)(j)(VII) as follows:3
25-7-103.5. Air quality enterprise - legislative declaration -4
fund - definitions - gifts, grants, or donations - rules - report - repeal.5
(1) Legislative declaration. The general assembly hereby finds6
and declares that:7
(j) The air quality enterprise provides business services when, in8
exchange for payment of fees, it provides:9
(IV) Opportunities for trusted and cost-effective mitigation project10
development; and11
(V) Additional business services to fee payers as may be provided12
by law;13
(VI) FINANCING AND RESEARCH TO ASSIST COUNTIES IN REDUCING14
METHANE EMISSIONS FROM SOLID WASTE LANDFILLS; AND15
(VII) ADDITIONAL BUSINESS SERVICES TO FEE PAYERS AS MAY BE16
PROVIDED BY LAW;17
(3) Enterprise.18
(c) In addition to any other powers and duties specified in this19
section, the enterprise's powers and duties are to:20
(VIII) Receive payments to finance specific projects, including21
community-based monitoring or emission mitigation projects in the state22
or in a specified area of the state, SUCH AS SOLID WASTE LANDFILL23
METHANE EMISSION REDUCTION PROJECTS, as directed by this article 7 or24
any program that the commission establishes by rule pursuant to this25
article 7.26
(4) Fund - enterprise fees and other revenue.27
SB26-101-3-
(d) (I) The enterprise shall dedicate a meaningful portion of its1
annual revenues toward competitive grants to conduct highly qualified,2
peer-reviewed research related to research priorities identified by the3
board. Before finalizing a draft research product, the board shall post the4
draft on the board's website and allow a period of time for public5
comment on the draft. The board shall publish the research products and6
make them and all data collected pursuant to enterprise-funded research7
publicly available.8
(II) (A) THE BOARD SHALL CONDUCT RESEARCH RELATED TO BEST9
PRACTICES FOR COUNTIES TO ACHIEVE REDUCTION OF METHANE EMISSIONS10
FROM SOLID WASTE LANDFILLS. ON OR BEFORE DECEMBER 31, 2028, THE11
BOARD SHALL PUBLISH A REPORT CONTAINING THE RESEARCH CONDUCTED12
PURSUANT TO THIS SUBSECTION (4)(d)(II)(A), INCLUDING BEST PRACTICES13
FOR REDUCING METHANE EMISSIONS FROM LANDFILLS AND ANY14
APPLICABLE FUNDING OPPORTUNITIES OR RECOMMENDED STRATEGIES15
THAT WILL OFFSET COSTS FOR A COUNTY TO REDUCE METHANE EMISSIONS16
FROM SOLID WASTE LANDFILLS.17
(B) T HIS SUBSECTION (4)(d)(II) IS REPEALED , EFFECTIVE18
DECEMBER 31, 2030.19
SECTION 3. In Colorado Revised Statutes, 34-63-102, add20
(5.4)(c.5) as follows:21
34-63-102. Creation of mineral leasing fund - distribution -22
advisory committee - local govern ment permanent fund created -23
transfer of money - definitions.24
(5.4) Except as otherwise provided in subsection (5.5) of this25
section, on and after July 1, 2008, all money other than bonus payments,26
as defined in subsection (5.3)(b) of this section, credited to the mineral27
SB26-101-4-
leasing fund created in subsection (1)(a)(II) of this section must be1
distributed on a quarterly basis for quarters beginning on July 1, October2
1, January 1, and April 1 of each state fiscal year as follows:3
(c.5) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE4
CONTRARY, A COUNTY MAY USE MONEY DISTRIBUTED BY THE EXECUTIVE5
DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO6
SUBSECTIONS (5.4)(b) AND (5.4)(c) OF THIS SECTION FOR THE PURPOSE OF7
COMPLYING WITH REQUIREMENTS ESTABLISHED BY RULE BY THE AIR8
QUALITY CONTROL COMMISSION , CREATED IN SECTION 25-7-104, TO9
REDUCE METHANE EMISSIONS FROM SOLID WASTE LANDFILLS.10
SECTION 4. In Colorado Revised Statutes, 25-7-114.4, add (6)11
as follows:12
25-7-114.4. Permit applications - contents - rules - definitions.13
(6) (a) THE DIVISION SHALL CONSIDER CURRENT DEBT SERVICE ON14
SOLID WASTE LANDFILLS WHEN DEVELOPING SCHEDULES OF COMPLIANCE15
FOR METHANE EMISSION REDUCTION REQUIREMENTS.16
(b) A SCHEDULE OF COMPLIANCE THAT THE DIVISION DEVELOPS17
FOR METHANE EMISSION LIMITS IN LOCAL GOVERNMENT PERMITS MUST ,18
CONSISTENT WITH STATE AND FEDERAL LAW , CONSIDER THE LOCAL19
GOVERNMENT'S FINANCIAL CAPABILITY TO REPAY EXISTING DEBT ON20
LANDFILLS OR TO FUND LANDFILL UPGRADES BEFORE REQUIRING NEW21
LANDFILL UPGRADES. TO THE EXTENT ALLOWABLE UNDER FEDERAL LAW,22
THE DIVISION MAY ESTABLISH COMPLIANCE SCHEDULES IN A LOCAL23
GOVERNMENT PERMIT FOR A NEW METHANE EMISSION LIMIT IN EXCESS OF24
TWENTY YEARS.25
(c) THE COMMISSION SHALL ESTABLISH BY RULE A PROCESS FOR A26
LOCAL GOVERNMENT TO REQUEST A WAIVER FROM SOLID WASTE LANDFILL27
SB26-101-5-
METHANE EMISSION REDUCTION REQUIREMENTS IF THE LOCAL1
GOVERNMENT DEMONSTRATES A DIFFERENT APPROACH TO ACHIEVING2
RELEVANT METHANE EMISSION REDUCTION GOALS.3
(d) I F A LOCAL GOVERNMENT 'S SOLID WASTE LANDFILL , ON OR4
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (6), REACHES OR5
EXCEEDS APPLICABLE METHANE EMISSION LIMITS ESTABLISHED BY THE6
COMMISSION, THE LOCAL GOVERNMENT IS NOT SUBJECT TO THE METHANE7
EMISSION REDUCTION REQUIREMENTS ESTABLISHED BY THE COMMISSION8
UNTIL TWO YEARS AFTER THE LOCAL GOVERNMENT 'S SOLID WASTE9
LANDFILL REACHES OR EXCEEDS APPLICABLE METHANE EMISSION LIMITS.10
SECTION 5. In Colorado Revised Statutes, 25-7-115, add (14)11
as follows:12
25-7-115. Enforcement - civil actions - definitions - reporting.13
(14) A LOCAL GOVERNMENT IS EXEMPT FROM THE DUTY TO PAY A14
NONCOMPLIANCE PENALTY PURSUANT TO THIS SECTION FOR FAILURE TO15
COMPLY WITH COMMISSION RULES REGARDING METHANE EMISSION16
REDUCTION REQUIREMENTS FOR SOLID WASTE LANDFILLS IF THE LOCAL17
GOVERNMENT DEMONSTRATES THAT THE FAILURE TO COMPLY IS DUE18
SOLELY TO A FINANCIAL INABILITY TO COMPLY.19
SECTION 6. Act subject to petition - effective date -20
applicability. (1) This act takes effect at 12:01 a.m. on the day following21
the expiration of the ninety-day period after final adjournment of the22
general assembly (August 12, 2026, if adjournment sine die is on May 13,23
2026); except that, if a referendum petition is filed pursuant to section 124
(3) of article V of the state constitution against this act or an item, section,25
or part of this act within such period, then the act, item, section, or part26
will not take effect unless approved by the people at the general election27
SB26-101-6-
to be held in November 2026 and, in such case, will take effect on the1
date of the official declaration of the vote thereon by the governor.2
(2) This act applies to conduct occurring on or after the applicable3
effective date of this act.4
SB26-101-7-