HomeMy WebLinkAboutResponse To Constituent Letter - Mail Packet - 3/26/2024 - Letter From Mayor Jeni Arndt To Air Quality Advisory Board Re: Recommendations For Supporting Air Quality State Bills
Mayor
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2154
970.224.6107 - fax
fcgov.com
March 21, 2024
Air Quality Advisory Board
c/o Selina Lujan, Staff Liaison
PO Box 580
Fort Collins, CO 80522
Dear Chair Houdashelt and Board Members:
On behalf of City Council, thank you for providing us with the March 19, 2024 memorandum
regarding “Recommendations for Supporting Air Quality State Bills.”
We appreciate your recommendations that a City official provide supportive testimony to the
State Legislature regarding HB 24-1330 regarding Air Quality Permitting, SB 24-095 regarding
Air Quality Ozone Levels, SB 24-159 regarding Mod to Energy & Carbon Management
Practices, SB 24-165 regarding Air Quality Improvements and SB 24-166 regarding Air Quality
Enforcement. We will also share this information and the list of other bills that you believe
should be supported by the City of Fort Collins with our Legislative staff so they are aware.
Thank you for the expertise and perspectives that you bring to the Board and share with City
Council.
Best Regards,
Jeni Arndt
Mayor
/sek
cc: City Council Members
Kelly DiMartino, City Manager
City Clerk’s Office
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221.6295 - fax
Boardsandcommissions@fcgov.com
MEMORANDUM
DATE: March 19, 2024
TO: Mayor and City Councilmembers
FROM: Mark Houdashelt, Chair for the Air Quality Advisory Board
RE: Recommendations for Supporting Air Quality State Bills
CC: Boards and Commissions via email
boardsandcommissions@fcgov.com
Dear Mayor and City Councilmembers,
As you know, Fort Collins lies in the Northern Front Range ozone nonattainment area. For that
reason, the Air Quality Advisory Board (AQAB) has always made reducing ozone pollution one
of its priorities. However, since the major emitter of ozone precursors in this area is oil and gas
(O&G) operations in Weld County, the AQAB has continually struggled to recommend actions
that the City can take to address its ozone problem.
One of the few opportunities for the City to bring its ozone level into attainment is to help pass
State legislation that reduces the emissions of ozone precursors from O&G operations. There are
currently five bills, described below, that are under consideration in the State legislature that
would do this, and the AQAB recommends that a City official provide oral or written testimony
in support of each of these bills. They are:
• HB 24-1330 - Air Quality Permitting requires that permit applications for emitting sources that
include an O&G system aggregate the emissions from the entire system, including emissions
from exploration and pre-production activities. It also requires that permit decisions must use
AQ modeling to determine the impacts of emissions and must find that emissions in non-
attainment areas will not result in higher emissions of the pollutant for which the area is in
nonattainment. STATUS: passed Energy & Environment Committee amended, referred to
Finance Committee (hearing not yet scheduled)
• SB 24-095 - Air Quality Ozone Levels implements specific measures in ozone nonattainment
areas, including providing vouchers to help owners of high-emitting vehicles come into
compliance, providing point-of-purchase rebates for the retail sale of electric outdoor
equipment, and expanding the clean fleet enterprise program for EVs. STATUS: hearing not yet
scheduled
• SB 24-159 - Mod to Energy & Carbon Management Practices requires the Energy and Carbon
Management Commission (ECMC) to adopt rules to cease issuance of new O&G permits by 2030
and expands the definitions of (1) mitigation of environmental impacts and (2) the parties who
are financially liable for such mitigation. STATUS: first hearing 3/28, Agriculture & Natural
Resources Committee
• SB 24-165 - Air Quality Improvements addresses air pollution in the ozone nonattainment area,
by among other things, requiring oil and gas operators in this area to cease preproduction
activity during "ozone season" (May 1 - September 30), submit annual emissions inventories for
certain air pollutants and submit annual estimates of nitrogen oxide emissions during ozone
season. It also requires the ECMC to set a nitrogen oxide emissions budget for the ozone
nonattainment area and act to reduce emissions from O&G operators if this budget is exceeded.
The DOT is also required to establish vehicle miles traveled reduction targets for the ozone
nonattainment area. STATUS: first hearing 3/20, Transportation & Energy Committee
• SB 24-166 - Air Quality Enforcement establishes more stringent requirements and higher
financial penalties for repeat violators of air quality laws. STATUS: first hearing 3/20,
Transportation & Energy Committee
In addition, the following bills would improve AQ and reduce greenhouse gas (GHG) emissions
and should be supported by Fort Collins:
• HB 24-1173 - Electric Vehicle Charging System Permits establishes an expedited permitting
process for the approval of EV charging systems for counties and municipalities. STATUS: first
hearing 3/28, Energy & Environment Committee
• HB 24-1339 - Disproportionately Impact Community Air Pollution adds a member of a
disproportionately impacted community (DIC) and a climate scientist to the Air Quality Control
Commission (AQCC) and requires the AQCC to set stricter GHG emissions limits for the industrial
and manufacturing sector. STATUS: first hearing 4/4, Energy & Environment Committee
• HB 24-1341 - State Vehicle Idling Standard allows local governments to enact vehicle idling
standards that are more stringent than the State standard. STATUS: first hearing 3/20, Energy &
Environment Committee
• HB 24-1352 - Appliance Requirements and Incentives sets technical standards for HVAC
systems and requires the Colorado Energy Office to (1) estimate the cost difference for income-
qualified households to install an HVAC system meeting these technical standards, (2) create a
reimbursement program for this cost differential, and (3) create an income tax credit for
homebuilders and HVAC contractors of $5000 per heat pump installed. STATUS: first hearing
3/21, Energy & Environment Committee
The bills described here have the potential to significantly improve the air quality and reduce
GHG emissions in Fort Collins. For this reason, the AQAB recommends that someone from Fort
Collins City Council or relevant City staff provide oral or written testimony in support of these
bills to the appropriate legislative committees.
Thank you for considering this letter of recommendation and for all that you do for the City.