Earth Protect Blog

Environmentalists saw missed opportunities but some victories

By Noelle Phillips

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Everyone agrees Colorado is in crisis when it comes to air quality, but finding common ground on how to solve the problem proved to be difficult during the 2023 legislative session.

Environmental advocates said the Democrat-controlled General Assembly created some new policies that should help chip away at air pollution, but the legislators missed out when making changes that could have a sweeping, long-term impact.

The successes included a push toward expanded use of electric-powered cars and trucks, lawn equipment and home appliances that should eliminate some greenhouse gas emissions as the state weans itself from a reliance on fossil fuels.

But the failures, environmentalists said, hurt the state’s overall goal to get into compliance with the federal Clean Air Act by reducing ozone pollution. The Front Range is listed by the Environmental Protection Agency as being in “severe non-attainment” for failing for years to meet federal clean air standards.

On that front, House Bill 23-1294, a bill that would have closed loopholes for new oil and gas permits, was gutted in order to win over Gov. Jared Polis’ support. And a massive land-use bill, which would have benefitted the environment by building more dense housing projects and encouraging people to drive less, failed.

“It was a challenging year for the environment,” said Andrew Forkes-Gudmundson, senior manager for state policy at Earthworks. “The land-use bill took up a lot of space. It was challenging to do other big, sweeping environmental things while it was on the table.”

Forkes-Gudmundson was part of a team of environmentalists who wrote the permitting bill, spending the better part of two years trying to create a measure that would improve air quality and win support from a majority of elected officials.

In its original draft, the bill would have required the state’s Air Pollution Control Division to conduct air quality modeling on permit applications for oil and gas sites to predict whether they would emit set amounts of pollutants such as carbon dioxide, hydrogen sulfide and nitrogen oxide. The bill spelled out the specific amounts for each compound that would need to be measured.

And it would have required more coordination between the air pollution division and the Colorado Oil and Gas Conservation Commission before a permit is issued.

But the oil and gas industry opposed the bill, arguing that those measures would have essentially prohibited any new oil and gas permits to be issued because it would have slowed the approval process to a crawl.

Polis disagreed with the strategy and pushed his own executive order to reduce nitrogen oxide emissions from oil and gas sites rather than support the bill. So the measure was stripped of those larger provisions, but it retained smaller steps, including the creation of a committee to study oil and gas permitting. It passed and is awaiting the governor’s signature.

“It’s difficult to fight a battle on two fronts. One doesn’t agree we have a big ozone problem and the other disagrees with the strategy,” Forkes-Gudmundson said.

The land-use bill, which would have reshaped how the state plans housing development, was mostly discussed as an answer to Colorado’s affordable housing issues. But Senate Bill 23-213 was backed by environmentalists, who believed it would reduce sprawl and eliminate people’s reliance on cars by building more dense housing around places where people live, work and play.

Denser development also means buildings use less energy and water, said Matt Frommer, senior transportation associate at Southwest Energy Efficiency Project.

Frommer said he was so disappointed in the bill’s failure that he had to step away from talking about it for a few days after the session ended.

“I’m probably not the person to ask because I focused on the land-use bill, and for that reason right now, I’m feeling like an F,” Frommer said when asked to grade the session.

While the land-use bill was primarily a housing bill, it would have had an important environmental impact, Frommer said.

“The housing crisis is hurting our ability to solve so many other problems,” he said.

But Frommer said it was a lot to ask the legislature to pass such an ambitious bill in just one session. All of the ideas brought forward in 2023 will be back on the table in 2024, he said.

Others, however, saw reasons to be encouraged.

Kirsten Schatz, a clean air advocate for the Colorado Public Interest Research Group, was pleased that the legislature approved tax credits of up to 30% for Coloradans who buy electric-powered lawn and garden equipment.

“One of the best things that people in Colorado who are concerned about the environment, the air quality and their own health can do is shift away from gas-powered yard equipment,” Schatz said. “Mowing your lawn and maintaining your landscape doesn’t mean spewing pollution into the air.”

When a state legislature is controlled by the Democrats, the expectations for environmental causes are high, said Alana Miller, Colorado policy director for the National Resources Defense Council. A lot of the members campaigned as champions for clean air and water.

Miller was reluctant to put an overall grade on the legislative session or call out state representatives or senators who she considered heroes or disappointments in 2023.

“The number of bills and the breadth of them indicates the climate was a priority,” Miller said.

Here are some of the environmental bills approved by the 2023 General Assembly:

SB 23-016: Greenhouse gas emissions

This lengthy bill created multiple measures aimed at reducing greenhouse gas emissions and changes the goals for how fast the state must meet certain benchmarks between 2035 and 2045. The bill created a 30% tax credit for electric lawn and garden equipment and added regulations to how the Colorado Oil and Gas Conservation Commission regulates greenhouse emissions from fracking. Polis signed the bill on Thursday.

HB 23-1294: Pollution protection measures

This bill requires the Colorado Oil and Gas Conservation Commission to conduct a rulemaking to define, evaluate and address the cumulative impacts of oil and gas drilling by April 2024. It also updates the complaint process by requiring the commission to respond to public complaints within 30 days, requiring the commission to consider credible evidence of pollution violations.

The bill eliminates a statute of limitations loophole as well as what’s known as the “start-up, shutdown and malfunction” loophole. It also establishes an interim legislative committee to craft more comprehensive legislation tackling these air pollution problems.

The bill is awaiting the governor’s signature and proponents believe he will do so.

HB 23-1272: Decarbonization tax credits

The bill creates a package of tax credits for consumers who buy climate-friendly technology such as electric cars and trucks, electric bicycles and heat pumps. Polis signed the bill on Thursday.

HB 23-1161: Appliances

The bill sets tougher emissions standards for new gas furnaces and water heaters sold in Colorado, phases out the sale of fluorescent light bulbs that contain mercury and sets new energy- and water-saving standards for appliances. The bill is on the governor’s desk but has not been signed.

HB 23-1233: Electric vehicle charging and parking

This bill accelerates the implementation of new electric vehicle charging requirements for new buildings, increasing the availability of charging stations at apartment buildings and condominiums. It also created a standard definition of disproportionately impacted communities to guide the state in establishing environmental programs in the areas that need them the most. The bill has not been signed.

SB 23-291: Utility regulation

The bill’s goal was to lower utility bills for Coloradans but environmentalists liked it because it pushes the state further away from a reliance on natural gas. It prohibits utility companies from charging their customers to subsidize natural gas service for new construction projects and requires the Public Utilities Commission to stop charging customers who choose to stop using natural gas. Polis signed the bill on Thursday.

HB 23-1134: Electric options in home warranties

A homeowner with a warranty contract can opt for electric alternatives to gas-fueled equipment such as heat pumps. The governor signed the bill on March 31.

HB 23-1234: Solar permitting

The bill streamlined solar permitting and cut red tape to accelerate the use of solar energy. Polis signed the bill on Thursday.

SB 23-253: Compost labeling

The bill creates a standard for labels on products that can be composted, such as trash bags, paper plates, disposable cups and utensils. The bill has not been signed by the governor.

SB 23-266: Pesticide restrictions

This bill limits the sale of neonic pesticides, which are harmful to bees and other pollinators. The bill is awaiting the governor’s signature.

HB 23-1252: Thermal energy

The bill advanced the adoption of clean geothermal energy heating and cooling systems. Polis signed it on Thursday.