§ 40-3.2-208 — Air quality planning

Colorado § 40-3.2-208

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Air Quality Improvement Costs

Text

(1) The air quality provisions of the
emission reduction plan filed under this part 2 are intended to fulfill the
requirements of the state and federal acts and shall be proposed by the
department to the air quality control commission after the utility files the plan with
the commission to be considered for incorporation into the regional haze element of
the state implementation plan.

(2) (a) Upon the utility's filing of the utility plan with the commission
pursuant to section 40-3.2-204, the air quality control commission, in response to
the proposal by the department, shall initiate a proceeding to incorporate the air
quality provisions of the utility plan into the regional haze element of the state
implementation plan. Except as set forth in this subsection (2), the air quality
control commission shall not act on the utility plan or the provisions of the regional
haze element of the state implementation plan that would establish controls for
those units covered by the utility plan until after the commission's approval of the
utility plan.

(b) The air quality control commission shall vacate the entire proceeding
related to the utility plan and shall initiate a new proceeding for the consideration
of alternative proposals for the appropriate controls for those units covered by the
utility plan for inclusion in the regional haze element of the state implementation
plan if:

(I) The commission does not approve the utility plan by December 15, 2010;

(II) The utility withdraws its application pursuant to section 40-3.2-205 (4); or

(III) The air quality control commission rejects any portion of the utility plan
as approved by the commission.

(c) The air quality control commission shall conduct the proceedings
specified in this subsection (2) after public notice and an opportunity for the public
to participate in accordance with the air quality control commission's procedures.

(3) If the final approved provisions of the state implementation plan are not
consistent with the air quality provisions of the utility plan, the utility may file a
revised utility plan with the commission that modifies the original plan to be
consistent with the final approved state implementation plan. The revised utility
plan is subject to all of the review and cost recovery provisions contained in this
part 2. Notwithstanding any revision required to the utility plan, the utility is entitled
to fully recover any costs it prudently incurred or contracted to incur under the
originally approved plan prior to the plan's revision and any costs incurred as a
result of any enforceable state implementation plan or other air quality
requirements.

Legislative History

Source: L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 474, � 1, effective April 19.