Just transition office - advisory committee - repeal

8-83-503. Just transition office - advisory committee - repeal. (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. Source: L. 2019: Entire part added, (HB 19-1314), ch. 323, p. 2989, � 1, effective May 28. L. 2021: (7) added, (HB 21-1266), ch. 411, p. 2750, � 19, effective July 2. L. 2024: (1), (2), and IP(4) amended, (HB 24-1410), ch. 319, p. 2135, � 2, effective May 31. L. 2025: (3)(b) and (3)(c) amended and (3)(d) added, (SB 25-037), ch. 364, p. 1975, � 1, effective June 3; (3)(a), IP(4), (6)(a), IP(6)(c), IP(6)(d), (6)(e)(III)(A), and (6)(i) amended, (3)(a.5) and (6)(e.5) added, and (6)(b) repealed, (SB 25-181), ch. 323, p. 1696, � 2, effective August 6. Cross references: (1) Subsection (6)(c)(III)(A) refers to 20 CFR 617.20 to 617.49. The United States department of labor promulgated a rule consolidating 20 CFR 617, 20 CFR 618, and 20 CFR 90 into 20 CFR 618, effective September 21, 2020. (2) For the short title (Environmental Justice Act) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.