Gov. Jared Polis’ plans to boost pollution enforcement in disproportionately impacted communities are in limbo after the Joint Budget Committee last week voted down the administration’s request for eight new employees.
In rejecting the $900,000 request for the 2024-25 budget year, which starts July 1, the JBC sided with a recommendation from its staff that raised questions about the Department of Public Health and Environment’s commitment to meeting its own goals.
At first glance, the preliminary vote fit a recent pattern of Democratic lawmakers pushing the administration further to the left on environmental justice issues than it’s willing to go.
But The Colorado Sun found that the lawmakers in charge of writing the state budget were acting in part on bad information.
In a report to the committee, a JBC staff analyst mistakenly concluded that the department planned to conduct just 115 inspections of facilities that produce pollutants in disproportionately impacted communities —less than 7% of 1,750 inspections total.
That led budget writers to urge the administration to make such communities a priority with the staff it already has. State law defines DI communities as those who have historically suffered the most harm from environmental hazards, including low-income neighborhoods and communities of color.
But the department told The Sun it actually devotes a much higher share of inspections to DI communities. In prior years, the state has conducted anywhere from 25% to over 50% of inspections in such areas, depending on the type of pollution. The department has committed to the U.S. Environmental Protection Agency to meet annual benchmarks going forward.
The mix-up apparently came from a misreading of the department’s request. The new employees would conduct an additional 115 inspections in DI communities —on top of the hundreds the department already does.
JBC staff acknowledged the mistake in an email, telling The Sun they plan to return to the committee later this month to clear up the record during what are known as budget comebacks —the final sprint of decisions before the 2024-25 spending plan is finalized.
Sen. Jeff Bridges, D-Greenwood Village, said he’s likely to support the request the second time around.
“There is a long history in our country of pollutants most affecting the people who have the least,” Bridges said. “Ensuring that that is not happening in Colorado is a core responsibility of the department.”
Rep. Shannon Bird, the JBC’s chair, told The Sun that the staff recommendation influenced her decision, as well. But the Westminster Democrat is not sure she’ll change her vote during budget comebacks. She’s worried the March revenue forecasts could leave lawmakers with less money to spend out of the general fund than they expect.
“It’s making me really nervous,” Bird said. “We still have some major decisions left to make.”
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CORRECTION: An item in Tuesday’s edition incorrectly reported how long Democratic U.S. Rep. John Salazar served in Congress. He served three terms.
MORE: In a hearing before the JBC in December, Colorado Department of Public Health and Environment officials said they needed the extra staff in part to implement the recommendations of an environmental justice task force created in 2021 by House Bill 1266.
The request would fund an additional 50 air quality inspections, as well as 35 hazardous waste and 30 water quality checks in the 2024-25 budget year. The request would also expand the department’s outreach to communities that have historically faced higher levels of pollution.
The Polis administration also cited Colorado’s 2022 accord with the EPA, in which the state agreed to conduct strategic inspections of air, water and other pollutants in disproportionately impacted communities and increase public engagement.
But JBC staff noted that the nonbinding agreement called for the department to focus more on environmental justice with the staff it already has.
“The parties intend to ensure that disproportionately impacted communities are priority areas for compliance inspections,” the agreement reads in part.
CDPHE leaders, though, argued they’re understaffed as is.
“In the status quo, the department does not have enough inspectors to inspect all sites each year, or to respond to all complaints in a timely manner,” the department wrote in a memo to the JBC.
The department is also asking to consolidate its 13 existing environmental justice staff under a new Office of Health Equity and Environmental Justice; the JBC has not yet voted on it.
DO THE MATH
39%
Presidential primary turnout among active voters in Colorado, according to ballots tabulated through Wednesday.
County clerks across Colorado are still counting presidential primary ballots, but we’re starting to get a final turnout and results picture.
Of the roughly 1.5 million ballots counted as of Wednesday night, 307,630 were cast by unaffiliated voters in the Republican primary. That represents 38% of the ballots cast in the GOP race — just 5 percentage points more than the 33% of the vote won by former U.N. Ambassador Nikki Haley.
By comparison, about 140,000 unaffiliated voters cast Democratic presidential primary ballots. That’s about 26% of all the ballots cast in the Democratic race.
Here’s what the results looked like Thursday afternoon:
Keep in mind: There are still ballots left to count. There were 136,953 unaffiliated ballots that were still being processed at the end of the day Wednesday.
THE NARRATIVE
Democrats, Republicans gather across Colorado to caucus. Here’s what we saw at two pivotal sites.
HIGHLANDS RANCH — Democratic and Republican party activists are gathering across Colorado this week to caucus — the first step in making the ballot for candidates going the caucus and assembly route instead of (or in addition to) gathering voter signatures.
The Colorado Sun on Thursday night visited Highland Ranch High School, where as many as 50 Republican precincts were meeting, and in Denver at Morey Middle School, where Democrats congregated. Here’s what we saw:
At the Highlands Ranch High School caucuses the 4th Congressional District Republican primary was top of mind:
Harvey seemed to be the favorite at the Highlands Ranch High School precincts The Sun visited with. People were running to be delegates on his behalf. That makes sense given he’s from Highlands Ranch and likely turned out his supporters to ensure his spot on the ballot. We didn’t spot other candidates or their surrogates at the caucus site.
At Morey Middle School in Denver’s Capitol Hill neighborhood, the most high-profile race on the docket was the House District 6 Democratic primary between state Rep. Elisabeth Epps and attorney Sean Camacho:
How the caucus and assembly nomination process works: Precinct caucuses are the first step, during which delegates are elected to the county assembly. At the county assembly, delegates to the district/state assemblies are selected. It’s at district assemblies or the state assembly that candidates make the ballot by getting at least 30% of delegate support, or 10% if they are going the dual track and also collecting signatures to make the ballot.
Delegates are not bound to candidates, and candidates can launch campaigns at any point in the process, which is what makes the caucus and assembly process extremely risky. There is one big reward: top placement on the ballot for the candidate who gets the most support at assembly.
Another reminder why the caucus and assembly route is so unpredictable: Former state Sen. Greg Brophy posted on social media that the GOP caucuses in Yuma County were postponed Thursday because of a blizzard. (Yuma High School’s basketball team was playing in a state championship playoff game, too.)
The caucuses began Wednesday and wrap up Saturday.
PROPERTY TAXES
Property tax measure from Colorado Concern, Advance Colorado rejected by Title Board
The state’s Title Board on Thursday rejected one of the three proposed ballot measures backed by conservatives that would institute a 4% statewide cap on property tax growth.
Board members said Initiative 198 had changed too much since it was first introduced, according to people at the meeting.
The proponents — conservative political nonprofit Advance Colorado and Colorado Concern, a nonprofit that advocates for business leaders — alsowithdrew two similar measures, initiatives 199 and 200.
Michael Fields, the president of Advance Colorado, told The Sun that supporters plan to refile the three initiatives — and “probably some other versions” — before time runs out next month to make the November ballot.
MORE: Fields has been arguing that Democratic Gov. Jared Polis favors a statewide property tax growth cap even though the rest of his party thinks it’s a terrible idea.
We put the question to the governor Thursday. He refused to answer — though in the past he has insisted on some version of a cap. Proposition HH, the November tax ballot measure he supported, had a more flexible growth cap that would have allowed local government officials to override it with a public hearing and a vote.
“I’ll be looking forward to hearing the recommendations of the (legislature’s property tax) task force,” Polis said Thursday. “Let’s see what they come up with.”
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THE POLITICAL TICKER
CONGRESS: Republican U.S. Reps. Ken Buck and Lauren Boebert voted Wednesday against the first six spending bills to keep the federal government open, while the other six Coloradans in the U.S. House, including Colorado Springs Republican Rep. Doug Lamborn, voted to pass the measures. The bills include earmarks with millions of dollars for special projects in Colorado. The Senate has yet to vote on the bills.
ROCKY MOUNTAIN VALUES: The liberal political nonprofit that attacked then-U.S. Sen. Cory Gardner as he was running for reelection in 2020 and more recently targeted U.S. Rep. Lauren Boebert, both Republicans, started a federal super PAC this week to oppose “extreme far-right candidates (who) continue to appear on the Colorado ballot.” Rocky Mountain Values PAC will focus its efforts on the 3rd Congressional District, but it may also oppose candidates running in other districts, the nonprofit said in an email. The nonprofit doesn’t have to disclose its donors, but the super PAC does. It may be difficult to discern where the political action committee’s money is from, however, if its main funder is the nonprofit.
STORY: Up to 180 wolverines could be reintroduced in Colorado under bipartisan proposal
STORY: Two state parks commissioners head to confirmation without key committee recommendations
STORY: Joe Biden, Donald Trump easily win Colorado’s presidential primaries
THE ASSOCIATED PRESS: States in Colorado River Basin pitch new ways to absorb shortages but clash on the approach
THE ASSOCIATED PRESS: AI pervades everyday life with almost no oversight. Colorado and other states are scrambling to catch up.
THE DENVER POST: Colorado Republicans, facing power gap, will try to impeach — or recall — Jena Griswold over Trump ballot case
COLORADO PUBLIC RADIO: Here are the Colorado projects the House just approved as part of a package to avoid a partial government shutdown
CONGRESS
Who Colorado’s members of Congress brought as guests to the Joe Biden’s State of the Union address
President Joe Biden’s State of the Union address before Congress on Thursday was a chance for members of Colorado’s congressional delegation to invite guests — and use them to make a point.
Here’s who our two U.S. senators and eight representatives brought to the speech:
THE BIGGER PICTURE
Corrections & Clarifications
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