Colorado § 25-7-148 - Nitrogen oxides and sulfur dioxide emission limits for covered electric generating units after 2034 - rules - quarterly reports - recommendations to the general assembly - definitions.

§ 25-7-148. Nitrogen oxides and sulfur dioxide emission limits for covered electric generating units after 2034 - rules - quarterly reports - recommendations to the general assembly - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) (I) "Covered electric generating unit" or "unit" means an electric generating unit that is owned or operated by an electric utility; that is located in the state; and that, in calendar year 2024, emitted two hundred tons or more of nitrogen oxides, two hundred tons or more of sulfur dioxide, or both.

(II) "Covered electric generating unit" or "unit" does not include an electric generating unit that:

(A) Burns natural gas, fuel oil, or both only; or

(B) Has both a flue gas desulfurization system and a selective catalytic reduction system installed.

(b) "Final rule" means the final rule adopted by the commission pursuant to subsection (2)(a) of this section.

(2) (a) No later than July 2029, the division shall propose a final rule establishing limits on the emission of nitrogen oxides and sulfur dioxide from each covered electric generating unit; except that the commission shall not establish emission limits for a covered electric generating unit that, before December 31, 2029, has ceased operations, converts to burn natural gas, fuel oil, or both only, or has both a flue gas desulfurization system and a selective catalytic reduction system installed.

(b) For each unit, the limit on the emission of nitrogen oxides in the final rule must be based upon, and reflective of, operation of a selective catalytic reduction system at the unit.

(c) For each unit, the limit on the emission of sulfur dioxide in the final rule must be based upon, and reflective of, operation of either a flue gas desulfurization system or a dry spray absorber at the unit.

(d) For each unit, the commission shall require compliance with the emission limits required by the final rule on and after a date that the commission determines is practicable, which date must be after December 31, 2034.

(e) A covered electric generating unit that converts to burn natural gas, fuel oil, or both only is not subject to the emission limits in the final rule.

(f) A covered electric generating unit that plans to operate after December 31, 2034, and that operates after December 31, 2034, shall install and operate the pollution controls described in subsections (2)(b) and (2)(c) of this section on or before December 31, 2034, and meet the emission limits adopted pursuant to subsection (2)(a) of this section unless the unit has ceased operations or has converted to burn natural gas, fuel oil, or both only on or before December 31, 2034.

(3) The owner or operator of a covered electric generating unit shall provide quarterly emission reports to the division demonstrating compliance with the final rule.

(4) (a) In an electric resource plan filed with the public utilities commission in which a utility evaluates the operation of a covered electric generating unit after December 31, 2034, the utility shall include an estimate of the costs to comply with this section.

(b) A utility that does not file an electric resource plan with the public utilities commission is encouraged to include an estimate of the costs to comply with this section in an evaluation of the operation of a covered electric generating unit after December 31, 2034, and to make the estimate publicly available.

(5) (a) On August 1, 2029, the commission shall submit to the general assembly a list of any covered electric generating units that are subject to an order issued by the United States department of energy under section 202 (c) of the federal power act.

(b) If there are any covered electric generating units that, as of the date of the submission of the list described in subsection (5)(a) of this section, are subject to an order issued by the United States department of energy under section 202 (c) of the federal power act, the commission shall also submit along with the list described in subsection (5)(a) of this section recommendations to the general assembly from stakeholders, including utilities that own or operate covered electric generating units, regarding whether to amend this section, including whether to postpone the earliest compliance deadline described in subsection (2)(d) of this section or enact any other amendments regarding covered electric generating units subject to an order issued under section 202 (c) of the federal power act.

Source: L. 2026: Entire section added, (HB 26-1226), ch. 380, p. 2359, § 2, effective June 4.

Editor's note: Section 5 of chapter 380 (HB 26-1226), Session Laws of Colorado 2026, provides that the act adding this section applies to conduct occurring on or after June 4, 2026.

Cross references: For the legislative declaration in HB 26-1226, see section 1 of chapter 380, Session Laws of Colorado 2026.

PART 2

PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM