With the Clean Power Plan currently stayed in federal court, Colorado Governor John Hickenlooper appears to be considering his own options to act unilaterally on climate change. In a draft executive order leaked this week, the Governor's office recounts the challenges of clean air and climate change and directs Colorado's state agencies as follows:

Colorado state agencies shall implement strategies to achieve, at minimum:

  1.  A 25 percent reduction in carbon dioxide emissions from the power sector by 2025, as compared to 2012 levels;
  1.  A 35 percent reduction in carbon dioxide emissions from the power sector by 2030, as compared to 2012 levels.

State agencies are directed to work with all utilities and stakeholders to plan and pursue all viable strategies to achieve the most significant degree of emissions reductions that can be accomplished while maintaining reliable, affordable energy for ratepayers. All strategies implemented will balance de-carbonization and emissions reduction with maintaining affordable energy prices. Building on past efforts, namely the Clean Air Clean Jobs Act and the Renewable Energy Standard, we expect and challenge utilities to meet or exceed this goal while maintaining reliable, low-cost energy. Additionally, state agencies shall maintain communication with the Environmental Protection Agency to ensure that Colorado's proactive efforts to reduce carbon emissions, including end-use efficiency improvements and engagement of low-income and disadvantaged communities, are properly acknowledged in the event of future federal carbon regulation.

The Denver Business Journal reports that no decisions have yet been made about the order, and that, according to a spokesperson for the Governor, "it was prepared for discussion with stakeholders on all sides of the issue."

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