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Air Quality Ozone Levels

Concerning measures to address ozone levels in areas that do not meet federal ozone national ambient air quality standards, and, in connection therewith, enacting incentive-based ozone precursor emissions reduction measures for on-road mobile sources and for lawn equipment, conducting annual photochemical modeling studies and data analysis, and making an appropriation.
2024 Regular Session
Natural Resources & Environment
Public Health
Bill Summary

Sections 1 and 2 of the bill create a high-emitter vehicle program for owners of motor vehicles that are not in compliance with emission standards and that have been issued a certification of emissions waiver (qualified vehicle). If the owner of a qualified vehicle resides in a nonattainment area for ozone and has unsuccessfully attempted to have the motor vehicle repaired to cure the noncompliance, the owner is eligible for a voucher of $850. The vouchers may be redeemed at qualified repair facilities that will bring the vehicle into compliance. The high-emitter vehicle program is funded by using up to 20% of the money in the AIR account in the highway users tax fund.

The high-emitter vehicle program is administered by the nonattainment area air pollution mitigation enterprise, in coordination with the department of revenue, contractors that provide inspection services, and the clean screen authority. The high-emitter vehicle program repeals when Colorado meets federal ozone national ambient air quality standards (attainment).

Section 3 requires the air quality control commission (commission) to create, in coordination with the lead agency for air quality planing for the Denver metropolitan area, a garden rebate program to increase the use of small electric motors used for outdoor power equipment. The program must:

  • Provide a point-of-purchase rebate of the lesser of $150 or one-third of the price for each piece of outdoor power equipment purchased by the end user in a nonattainment area for ozone;
  • Establish a registration system for qualified retailers; and
  • Require the division to publicize the garden rebate program.

The division of administration in the department of public health and environment (division) administers the garden rebate program, and the commission sets standards for qualified retailers to register for the program. If the garden rebate program exceeds its appropriation, the division may pause the program. The garden rebate program repeals January 1, 2030. Section 4 repeals the current tax credit for buying lawn and garden equipment with an electric motor.

In current law, the clean fleet enterprise (enterprise) incentivizes and supports the use of electric motor vehicles for certain fleet uses, including transportation network companies. Sections 5 and 6 :

  • Expand the program to include light-duty trucks;
  • Authorize the clean fleet enterprise to provide grants of up to 80% of a local government's cost of acquiring motor vehicles that emit low levels of nitrogen oxides for the local government to use in its motor vehicle fleet; and
  • Require the enterprise to prioritize making grants to local governments.

The grant program authorization and prioritization repeal December 31, 2029.

Section 7 requires the division to regularly perform, in the nonattainment area for ozone, photochemical modeling studies and data analysis designed to determine ambient air ozone levels and the effectiveness of policies for lowering ambient air ozone levels. The division is required to publish the results to the division's website and report the results to the commission and at its "SMART Act" hearing. Section 7 is repealed when Colorado achieves attainment.
(Note: This summary applies to this bill as introduced.)




Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details