Senate sponsors seek state grants to help counties pay for Regulation 31 landfill upgrades

Senate Transportation and Energy Committee sponsors moved a strike‑below amendment to Senate Bill 101 to make compliance costs for the Air Quality Control Commission’s Regulation 31 eligible for two state grant programs and to prioritize publicly owned landfills when both public and private facilities apply.

The amendment, presented by Sen. Pelton, would allow local governments to seek funding from the Community Impact Cash Fund and the Local Government Mineral Impact Fund to cover costs tied to methane collection systems, surface monitoring and other measures required under Regulation 31. "The compliance costs from regulation 31 are an eligible use of both of those funds," Pelton said during his presentation.

Supporters and local officials framed the measure as fiscal relief rather than a change to the AQCC rule. "We know that state grants are not gonna be sufficient to help all of these counties with entirely being compliant with regulation 31, but the strike below version of Senate bill 101 is an acknowledgement that the state has shared responsibilities with our county governments," Sen. Roberts said.

Why it matters: Counties and landfill operators told the committee they face substantial capital and operating expenses to meet the new methane standards. Summit County estimates compliance could cost at least $3 million to $5 million and require significant annual monitoring costs; other counties cited figures ranging from roughly $2 million to more than $5 million depending on size and site conditions. Speakers warned that passing the cost entirely to residents through higher tipping fees could create affordability harms and increase illegal dumping.

Who testified: Environmental groups (Earthjustice, Green Latinos, EcoCycle, Healthy Air and Water Colorado, Environmental Defense Fund) and local governments offered mixed testimony. Megan Kemp of Earthjustice said the organization is "opposed to Senate bill 101 as introduced" because the bill, as filed, risked undermining Regulation 31, which was negotiated through the AQCC rulemaking. She urged working with sponsors to preserve the rule’s public‑health safeguards while identifying funding. Brian Loma of Green Latinos, PT Wood (Chaffee County), Tamara Pogue (Summit County), Mike Brownell (Logan County) and other county commissioners described the financial strain on smaller and rural landfills and urged access to state grants.

Amendments and outcome: The committee adopted two sponsor and CDPHE amendments (L001 strike‑below and L002 clarifying local‑government language) without objection. Sponsors emphasized the amendments intend to keep Regulation 31 intact while creating grant eligibility for compliance costs. With the fiscal analyst expected to update routing, the committee laid SB101 over briefly; later the sponsors reported the fiscal note had been removed and the committee voted to advance SB101 to the Committee of the Whole as amended (roll call noted unanimously in committee).

Details and caveats: Testimony repeatedly stressed that the AQCC rule includes phased implementation (public landfills receive an additional three‑year delay and some facilities won’t need gas collection systems unless they exceed emission thresholds). Environmental witnesses pressed sponsors to retain prioritization criteria that direct limited funds to facilities that would deliver the largest emissions and public‑health benefits rather than a blanket public‑over‑private preference. Cost estimates provided to the committee were presented as consultant ballparks and vary by county and site; where the record gave no precise number, the article notes the estimate was "not specified."

Next steps: SB101 was advanced out of committee to the Committee of the Whole as amended; sponsors indicated further stakeholder work will continue as the bill moves through the process.