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Bill Detail: HB23-1154

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Title Ballot Issue Greenhouse Gas Emissions Report
Status House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely (03/09/2023)
Bill Subjects
  • Elections & Redistricting
House Sponsors A. Valdez (D)
Senate Sponsors
House Committee State, Civic, Military and Veterans Affairs
Senate Committee
Date Introduced 01/31/2023
Summary

Current law allows a legislative measure to include a greenhouse
gas emissions report (report) prepared by the nonpartisan staff of the
legislative council that indicates whether the legislative measure is likely
to cause a net increase, decrease, or indeterminate amount of greenhouse
gas pollution in the 10-year period following its enactment. A report must
consider new sources of emissions, increases or decreases in existing
sources of emissions, and any impact on sequestration of emissions. The
department of natural resources, the Colorado energy office, and other
state agencies with relevant subject matter expertise are required to
cooperate with and provide information, if requested, to the legislative
council staff to assist in the preparation of a report.
The bill requires the director of research of the legislative council
(director) to prepare a preliminary report that requires an analysis on
whether a properly submitted initiative has a net change in greenhouse
gas emissions that directly impacts the following sectors:
  • Electric power;
  • Natural gas and oil systems;
  • Transportation;
  • Residential, commercial, or industrial fuel use;
  • Industrial processes;
  • Coal mining and abandoned mines;
  • Waste management;
  • Land use, land use change, or forestry; and
  • Agriculture.
The director is required to provide proponents of the proposed
initiative, or their representatives, and the secretary of state with the
preliminary report no later than the time of the title board meeting at
which the proposed initiated measure is to be considered.
The bill requires the ballot title of a measure that has a net increase
in greenhouse gas emissions as indicated by the preliminary report to
begin with Shall there be an increase in greenhouse gas emissions....
The ballot title of a measure that has a net decrease in greenhouse gas
emissions as indicated by the preliminary report must begin with Shall
there be a decrease in greenhouse gas emissions....
If it is determined in the preliminary report that the proposed
initiative is likely to directly cause a net increase or decrease, excluding
any de minimis net changes, in greenhouse gas pollution in the 10-year
period following the potential enactment of the initiative, staff of the
legislative council are required to prepare a full report. The department
of natural resources, the Colorado energy office, and other state agencies
with relevant subject matter expertise are required to assist the staff of the
legislative council with information in preparation of the report if
requested.
Proponents may file a motion for a rehearing with the secretary of
state within 7 days after the title board sets the initiative's title on the
grounds that the preliminary report is misleading or prejudicial. The title
board may modify the preliminary report based on information presented
at the rehearing. If the title board modifies the report, the secretary of
state shall provide the director with a copy of the amended report and the
director shall post the new version of the report on the legislative
council's website.
The bill further requires the ballot information booklet to include
any required preliminary report for any statewide measure and provide
information on how to obtain the full greenhouse gas emissions report if
one is available.

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