The budget is almost finalized. It passed the Colorado Senate with only one “No” vote.
Sixteen amendments were passed to Senate Bill 21-205 (the budget bill, also known as “the Long Bill”) presented by the Joint Budget Committee members. The bill was then sent to the House, where JBC members stripped off any Senate amendments. House members then passed 18 amendments – some of which may be the same as Senate amendments that passed. Ironically, the bill received 23 “No” votes in the House. I have no idea why there was such a disparity; just chalk it up to politics.
Normally, any amendment that has passed both chambers is in the budget. I would have expected to see the bill sent back to the Senate this week to concur with House amendments and be passed again.
I am told that that will not occur until next week and that just because both chambers passed an amendment, it may not be in the budget. Rumblings are that JBC may not honor the vote of the full House and Senate on the same amendments passed by both chambers.
I am trying to find out what authority they have to override the House and Senate votes. (I understand that if an amendment passes only one chamber, then the JBC is the conference committee that makes the final decision.) I do not think they should be able to override an amendment passed by both chambers.
Tuesday night was a long day, early morning to late night. SB 21-200 is a bill to speed up previous legislation in regard to greenhouse gas emissions. Somewhere around 75 witnesses offered testimony. Originally scheduled for 2 p.m., the start was delayed waiting for the verdict from Minnesota.
About six hours later we were through. I do not believe anyone on the committee is opposed to reducing greenhouse gas emissions. The bill as introduced would speed up the timeline previously giving direction to the Air Quality Control Commission and increase environmental justice affecting people of color and Indigenous people.
After nearly six hours of testimony, it was still uncertain as to the nexus of greenhouse gas emissions and environmental justice. One committee member said she felt it was just a buzzword that gets dropped far too often. Unusual allies in the opposition included cities and counties, the International Brotherhood of Electrical Workers union, Colorado Rural Electric Association, transmission and generation companies, and yes, even the governor’s office and the Colorado Energy Office, to name a few.
As drafted, the bill is in direct conflict with the Colorado Constitution concerning required reporting from municipal power companies. Adding even more uncertainty is the probability that the bill violates the Commerce Clause. It is illegal for one state to set standards for a neighboring state. Requiring energy produced in another state to be subject to reporting information to the nonproducing state would trigger the Commerce Clause. Even more daunting is how to quantify the cost of social justice of greenhouse gas emissions?
According to Environmental Protection Agency records, Colorado has reduced its pollutants by 77% since 1970. We can do better, and we should do better, but careful planning has gone into achieving these lofty goals.
The Air Quality Control Commission is much better qualified to develop successful standards than amateur legislators. I have always described the Legislature as 100 amateurs making professional decisions. We should rely on individuals with knowledge in the subject matter. Knowing what you don’t know should be the first lesson learned when arriving to serve in the Capitol. If you don’t have those trusted sources, it can be a long learning curve.
Interestingly, news of the possible construction of the Coyote Clean Power Project, slated for the Southern Ute Reservation, fulfils what this legislation is attempting to accomplish: net-zero emissions using fossil fuels, carbon capture that may have secondary value and more jobs in a deserving community. This is an exciting possibility for other communities throughout rural Colorado.
The bill passed out of committee, however, it may be a long time becoming reality without a lot of heavy lifting. I did not support the bill and will wait and see how it proceeds.
Sen. Don Coram is a Republican representing District 6 of the Colorado Legislature.
