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Two bills to stall Clean Power Plan killed in Colo. House committee

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Monday, May 2, 2016 5:15 PM
A Democratic-controlled committee in the Legislature on Wednesday killed two Republican bills that aim to curb implementation of the Clean Power Plan in Colorado.

DENVER – A Democratic-controlled House committee on Wednesday killed two Republican bills that aimed to curb implementation of federal carbon standards.

The bills represent a continuation of a conversation that has hung over the Legislature since the U.S. Supreme Court in February temporarily delayed implementation of the Clean Power Plan.

The Environmental Protection Agency rule requires carbon-dioxide emissions be reduced by 28 percent in Colorado and 32 percent nationally by 2030.

The state is charged with developing its specific plan.

“It is really about the rule of law and the separation of powers,” said Rep. Tim Dore, R-Elizabeth, who carried the two bills.

“As this process goes on with the courts ... we don’t think Colorado should go forward with implementing new rules until we figure out what’s going on with that particular case.”

One measure would have halted implementation of the Clean Power Plan in Colorado until after the Supreme Court has lifted its stay. The House Transportation and Energy Committee killed the bill 7-6 on a party-line vote.

The other bill would have required the Public Utilities Commission to create a “ratepayer protection program,” assuming implementation of the plan would cause electricity rates to spike. A state fund would have paid for any increase, rather than have it passed on to consumers. The bill also died on a 7-6 party-line vote.

The issue played out earlier in the legislative session when lawmakers debated the state budget. Budget writers ultimately compromised by cutting nearly $112,000 to the Air Pollution Control Division, a part of the Colorado Department of Public Health and Environment, which is developing the state’s plan.

Republicans had sought to cut more than $8.4 million in funding for the Air Pollution Control Division, which would have resulted in the layoff of 95 employees.

They later scaled that proposal back to cut $328,000, before compromising on the $112,000.

State air pollution officials say with or without the Clean Power Plan, protections are important. They worried that the bills Wednesday would interfere with efforts that go beyond the federal mandate.

“We are not intending to simply sit on our hands and do nothing with respect to power sector emissions over the next one to two years while we await federal decisions,” said Martha Rudolph, director of environmental programs for the state health department.

She added that the department does not plan to file an initial or final plan to the EPA until after the court cases are decided.

Ted Orf, a lobbyist for the Colorado Mining Association, worries that the Clean Power Plan will eliminate jobs in coal-dependent parts of the state.

“Moving forward ... is a waste of the department’s time and taxpayer money,” Orf said.

pmarcus@durangoherald.com

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