First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0940.01 Tom Morris SENATE BILL 11-236 SENATE SPONSORSHIP Tochtrop, HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT Concerning a requirement that the air quality control commission incorporate into the regional haze element of the state implementation plan public service company of Colorado's emission reduction plan scenario 5B, and, in connection therewith, disapproving the emission reduction plan relating to public service company of Colorado that was incorporated into the regional haze element of the state implementation plan, approving other aspects of the state implementation plan, and postponing the automatic expiration of the portion of the state implementation plan that consists of rules. 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://www.leg.state.co.us/billsummaries.) The air quality control commission adopted a regional haze state implementation plan (SIP) on January 7, 2011. The bill approves the regional haze SIP and postpones the automatic expiration under the "State Administrative Procedure Act" of the rules on regional haze that are contained in the SIP; except that: The emission reduction plan relating to public service company of Colorado (PSCo) that was approved by the public utilities commission (PUC) and incorporated into the regional haze element of the SIP by the air quality control commission (AQCC) is disapproved. The rules relating to the disapproved emission reduction plan are repealed, effective May 15, 2011. The PUC must initiate a proceeding to approve PSCo's emission reduction plan scenario 5B, as specified in the supplemental direct testimony and exhibits of Karen T. Hyde on behalf of public service company of Colorado, dated October 25, 2010. The PUC must adopt a decision resolving the proceeding by_____, 2011. The proceeding is governed by the cost-recovery provisions of House Bill 10-1365. The AQCC must initiate a proceeding to incorporate the air quality provisions of scenario 5B into the regional haze element of the SIP and resolve the proceeding by_____, 2011. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-7-133.5 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 25-7-133.5. Extension or rescission of specific revisions to state implementation plan (SIP) after 1996. (2) Pursuant to section 25-7-133, the following revisions to the state implementation plan (SIP), which were adopted by the air quality control commission on the dates indicated and received by the legislative council for review, are approved for incorporation into the state implementation plan: (bb) (I) Except as specified in subparagraph (II) of this paragraph (bb): (A) The "Colorado Visibility and Regional Haze State Implementation Plan for the Twelve Mandatory Class I Federal Areas in Colorado", adopted by the air quality control commission on January 7, 2011; (B) The automatic expiration of the rules contained in the plan specified in sub-subparagraph (A) of this subparagraph (I) that were adopted on January 7, 2011, and that are therefore scheduled for expiration on May 15, 2012, is postponed, effective May 15, 2011. (II) (A) The emission reduction plan relating to public service company of Colorado that was approved by the public utilities commission and incorporated into the regional haze element of the state implementation plan by the air quality control commission is disapproved. (B) The rules that relate to the emission reduction plan that is disapproved in sub-subparagraph (A) of this subparagraph (II) are repealed, effective May 15, 2011. (III) (A) The public utilities commission shall initiate a proceeding to approve public service company of Colorado's emission reduction plan scenario 5B, as specified in the supplemental direct testimony and exhibits of Karen T. Hyde on behalf of public service company of Colorado, dated October 25, 2010, in public utilities commission docket no. 10M-245E. The public utilities commission shall adopt a decision resolving the proceeding by_____, 2011. The proceeding is governed by the cost-recovery provisions of article 3.2 of title 40, C.R.S. (B) After the public utilities commission adopts its decision on emission reduction plan scenario 5B, the air quality control commission shall initiate a proceeding to incorporate the air quality provisions of scenario 5B into the regional haze element of the state implementation plan. The commission shall submit the state implementation plan to the federal environmental protection agency by_____, 2011. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.