Colorado Legislators Introduce Bill Countering Expensive Coal Plant Order

DENVER - Today legislators introduced HB26-1226 aimed at reducing the impact of the Department of Energy's 202(c) dubious "emergency" order to keep the Craig 1 coal unit operating past its planned retirement date at the end of 2025. That executive order could cost ratepayersup to $85 million annually, according to one analysis.

If signed into law, the bill would require more transparency on the costs incurred from running coal units past their retirement dates, direct the Public Utilities Commission (PUC) to approve new resources to help the state reach its 2030 climate targets and require modern pollution controls for any coal plants operating after 2030.

"The Trump administration is taking an axe to basic protections of our air, water and climate and this time, they are pushing the impacts even further by punishing Coloradans with higher energy prices," said Margaret Kran-Annexstein, Director of Sierra Club Colorado. "We urgently need laws like this to protect our state against the high price -- both financial and environmental - the federal government is trying to foist on us. Supporting this bill is an open opportunity for Colorado legislators to show that they are fighting against Trump's consistent attacks on our state and its ability to manage its own future. HB26-1226 presents a clear opportunity for the state to push back on the Trump administration's overreach in Colorado's energy future, and we look forward to working with lawmakers who will stand against the federal government's actions."

In the event that coal plants are extended into the 2030s, this bill:

• Achieves significant reductions in air pollution that harms public health
• Ensures transparency in the costs to meet federal mandates to keep coal plants online against the will of utilities and State regulators
• Prevents unnecessary costs of keeping inefficient and expensive coal online to ratepayers
• Supports Colorado's clean energy and climate goals while maintaining reliability

"The Colorado coal units still operating in the state have been scheduled for retirement for many years in alignment with the state's clean energy goals," said State Senator Mike Weissman. "However, the Trump Department of Energy is using a 202(c) "emergency" order to turn years of careful planning on its head. This will result in increased air pollution, higher energy costs, and a delay in achieving our renewable energy goals. This legislation gives the state tools to address these impacts."

Advocates fear the DOE's efforts will stymie progress made under the state's historic Clean Energy Plan law, which requires the transition from old, inefficient and expensive resources like goal to cleaner, affordable technologies like solar, wind and storage. According to a Sierra Club analysis, 202(c) coal plant orders have already cost Americans over $225 million and counting.

"Elected leaders were sent to the Capitol with specific goals of reducing the state's climate pollution and shepherding a more affordable clean energy economy," said State Representative Meg Froelich. "Unfortunately we now find ourselves on the defensive from the very agencies that just a few years ago were promoting clean energy and providing Coloradans with affordable energy options."

In addition to working families and businesses suffering from high energy costs, Colorado's front range continues to have severe air quality. The bill would direct Colorado's Air Quality Control Commission (AQCC) to set limits on pollutants like nitrous oxides and sulfur dioxide.

"Coloradans should know how much that is costing them and not have to breathe the dirty air for someone else's profit," said State Representative Jenny Wilford."There is no justification for these emergency coal orders and it is only worsening the nation's affordability crisis, so we have to step in and protect our state."

The Sierra Club filed a motion for reconsideration against the 202(c) order. In another effort to bolster the dying industry, the Trump administration also recently rejected the state's regional haze planand rolled back the endangerment finding, which gave the EPA the authority to regulate climate-warming gases.

"While groups like the Sierra Club and others will fight the Trump administration in the courts on the validity of these federal orders, Colorado needs new legislation to strengthen local climate commitments," said State Senator Lisa Cutter. "HB26-1226 will put extra pollution protections on coal plants operating beyond their scheduled retirement date, require more transparency and ultimately prevent unnecessary increases to Coloradans energy bills. "

HB26-1226 is sponsored by Rep. Wilford, Rep. Froelich, Sen. Cutter and Sen. Weissman.

About the Sierra Club

The Sierra Club is America's largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit https://www.sierraclub.org.