(1) The just
transition office is created in the office of the executive director. The just transition
office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and
performs its duties and functions under the department of labor and employment.
(2) The executive director shall appoint the director of the office. The
director shall manage the operations of the office.
(3) It is the purpose of the office to:
(a) Identify or estimate, to the extent practicable, the timing and location of
facility closures and job layoffs in coal-related industries and their impact on
affected workers, businesses, and coal transition communities and regularly
consult with the just transition advisory committee created in subsection (6) of this
section on issues related to addressing these impacts in a manner that best ensures
continued economic stability and prosperity for impacted workers and communities
during and after the transition away from coal as an economic driver;
(a.5) Develop and implement plans to maximize the economic stability and
prosperity of coal workers and communities through a variety of strategies outlined
in or consistent with this part 5, giving strong consideration to strategies
recommended by the just transition advisory committee;
(b) Provide administrative, logistical, research, and policy support to the just
transition advisory committee's work as outlined in subsection (6) of this section;
(c) Participate in the department's presentation to the general assembly
during the State Measurement for Accountable, Responsive, and Transparent
(SMART) Government Act hearings, held pursuant to part 2 of article 7 of title 2,
regarding requirements for financing components of the just transition plan, the
administration of this part 5, and the expected results; and
(d) Report to the annual State Measurement for Accountable, Responsive,
and Transparent (SMART) Government Act hearings, held pursuant to part 2 of
article 7 of title 2, of the senate local government and housing committee and the
house transportation, housing, and local government committee, or their successor
committees, about the grants awarded by the office during the preceding fiscal
year, their recipients, and the purpose for which they were awarded.
(4) Based primarily on the advice of and recommendations from the just
transition advisory committee, and with the approval of the executive director of
the department and the executive director of the department of local affairs, on or
before December 31, 2020, the director shall submit to the governor and the
general assembly a just transition plan for Colorado. The director shall submit
updates to the plan as needed. This plan, and any updates to the plan, must include,
at a minimum:
(a) Benefits, grants, and other components that the office, the department,
or the department of local affairs shall coordinate and implement under existing
authority;
(b) Benefits, grants, and other components that require additional legislative
authority to implement;
(c) Sources of funding that may be accessed from federal, state, local, and
other sources without additional legislative authority or approval; and
(d) Sources of funding that require legislative or voter approval.
(5) To further the purposes of the office created in this part 5, the director
shall engage in relevant administrative proceedings, such as matters before the
public utilities commission and the air quality control commission.
(6) (a) There is created the just transition advisory committee to develop and
recommend a just transition plan for the state of Colorado and to advise the office
of just transition concerning the office's role in implementing this part 5.
(b) Repealed.
(c) In advising and making recommendations to the office of just transition,
the advisory committee shall consider options to:
(I) Align and target local, state, and federal resources and leverage
additional resources to invest in communities and workers whose coal-related
industries are subject to significant economic transition;
(II) Align and target existing local, state, and federal programming and
establish additional programming to support communities and workers whose coal-related industries are subject to significant economic transition;
(III) Establish benefits for coal transition workers, including consideration of:
(A) Benefits similar in type, amount, and duration to federal benefits
available pursuant to 20 CFR 617.20 to 617.49; and
(B) Wage differential benefits for affected workers, including consideration
of eligibility and the duration of the benefits;
(IV) Educate dislocated workers, in collaboration with employers of
dislocated workers and relevant labor unions, regarding how to apply for just
transition benefits; and
(V) Establish and structure a grant program and other potential
programmatic support for coal transition communities and organizations that
support coal transition communities, including eligible entities.
(d) In developing the advisory committee's advice and recommendations, the
advisory committee shall identify and consider:
(I) The projected short-term and long-term costs and benefits to the state of
each plan component, including worker benefits, grant programs, and other
supports;
(II) Potential sources for sustainable short-term and long-term funding for a
just transition plan and its components;
(III) The potential fiscal, economic, workforce, and other implications of
extending components of the just transition plan to other sectors and industries
affected by similar economic disruptions; and
(IV) Which components of the just transition plan can be implemented by the
departments under existing authority and which require additional legislation.
(e) The advisory committee consists of the following members:
(I) Ex officio members as follows:
(A) The executive director of the department of labor and employment or a
designee;
(B) The director of the office of economic development or a designee;
(C) The director of the Colorado energy office or a designee;
(D) The executive director of the department of local affairs or a designee;
and
(E) A representative of the office of the governor;
(II) One member of the senate, appointed by the president of the senate, and
one member of the house of representatives, appointed by the speaker of the house
of representatives; and
(III) The following members appointed by the director:
(A) Five representatives of coal transition workers, at least one of whom
must work at a coal mine and at least one of whom must work at an electric utility;
(B) Three representatives from coal transition communities;
(C) Two representatives with professional economic development or
workforce retraining experience;
(D) Two representatives of disproportionately impacted communities; and
(E) Two representatives of utilities that, on May 28, 2019, operated a coal-fueled electric generating unit.
(e.5) The director shall ensure that the composition of the advisory
committee described in subsection (6)(e) of this section is as geographically diverse
as possible, including members from each tier one transition community.
(f) The term of appointment or designation is four years; except that the
initial term of members appointed pursuant to subsection (6)(e)(II) of this section is
two years and the initial term of members appointed pursuant to subsection
(6)(e)(III) of this section is three years. Each legislative member is entitled to receive
payment of a per diem and reimbursement for actual and necessary expenses as
authorized in section 2-2-326, appointed members are entitled to the same per
diem and expense reimbursement, and ex officio members are entitled to the same
expense reimbursement; except that all payments authorized by this subsection
(6)(f) are at a rate fifty percent less than that authorized by law.
(g) The advisory committee shall elect a chair from among its members to
serve for a term not to exceed two years, as determined by the advisory committee.
The advisory committee shall meet at least once every quarter. The chair may call
such additional meetings as are necessary for the advisory committee to complete
its duties.
(h) The advisory committee may engage additional nonvoting members or
advisors to provide additional expertise as needed.
(i) This subsection (6) is repealed, effective September 1, 2030. Before the
repeal, this subsection (6) is scheduled for review in accordance with section 2-3-1203.
(7) The office, in consultation with the advisory committee, shall develop a
proposed long-term budget to adequately finance the just transition plan. The
office shall submit the proposed budget to the executive director of the
department no later than July 1, 2022. The budget must include financing options
from state, federal, and other sources. The department shall consider the proposed
budget as part of its budget proposal for state fiscal year 2023-24.