There is no “environmental justice” in Colorado Senate Bill 200. Crafted by state Sens. Faith Winter and Dominick Moreno and state Rep. Dominique Jackson in a back room with only the environmental community, SB 200 is bad climate policy, bad public policy and no friend of energy justice. Gov. Jared Polis is correct to promise a veto of this hot mess.
Reducing emissions and getting to a carbon-free world is hard and expensive. Keeping the lights and heat on while at the same time keeping rates reasonable is even harder. Most people cannot afford to replace their gas heat, stoves, or water heaters with electric appliances.
Reducing the emissions from the transportation sector is even harder because most people cannot afford an electric vehicle. Cost-effective electric trucks that can haul those goods over the mountains and across the plains are not available.
The sponsors ignore the important cost benefit feasibility and reliability analysis that the Public Utilities Commission does in the electric and gas sector. As a former commissioner on the PUC, I can attest to the detailed modeling and projections, as well as the vetting and cross-examination and analysis that is done at the PUC when they review clean-energy plans. There is no provision in SB 200 for the development of decarbonizing plans that would analyze costs, benefits and reliability. Instead, SB 200 requires the AQCC to adopt rigid rules by March 2022 and issue hefty fines for non-compliance. The AQCC will not be a mere “project manager.” The AQCC will become the economic czar of the state, deciding which business will survive and which will die.
The environmental groups that drafted SB 200 seem not to care one whit what costs this rigid rule making and fining approach will impose on ordinary citizens and businesses in Colorado. Instead, they propose a feel- good Environmental Justice Advisory Board to advise on the rule making of AQCC and conduct outreach. How does that help low-income households who will not be able to afford heat?
SB 200 will create another long-term debacle for communities with high poverty rates, just like Clean Air Clean Jobs did in 2008. Black Hills charges its residential customers 42% more than Xcel’s charges, because the Ritter Energy Office and the environmental groups required the closure of Black Hills coal plants and replacement with gas plants, even though Black Hills served only 90,000 customers. SB 200 would now mandate closure and replacement of those gas plants, even though they are less than 11 years old.
If the sponsors were interested in understanding the challenges and how to solve the problems, they would have included industry and the Governor’s Energy Office in the drafting. Instead, SB 200 just dictates that the emission goals must be met, sector by sector, and if one sector, such as the electric utilities, exceed their goals, that credit cannot benefit any other sector.
Senate Bill 200 blows up the historic climate package that was enacted in 2019 through Senate Bill 236 and House Bill 1261, which put the state on one of the most aggressive emission-reduction trajectories in the country — 25% reduction by 2025, 50% in 2030 and 90% by 2050, while at the same time prioritizing reliability and affordability and protecting workforce and local communities. That legislation included all the stakeholders and came up with a historic plan.
The sponsors pay lip service to “energy justice” with a committee that will use the funds generated from a carbon penalty to do something that sounds good.
SB 200, however, will undercut good-paying jobs, reasonable electric and gas rates, reliable and affordable transportation, and a robust economy in Colorado. But costs, benefits and reliability are hard to understand and to achieve. It is much easier to chase headlines.
Governor Polis is correct in opposing SB 200 and promising a veto. We should all be appreciative that he has his eye on long-term benefits for all Coloradans.
Frances Koncilja, an attorney, is a former commissioner on the Colorado Public Utilities Commission and now practices at Koncilja Energy Law and Policy LLC. She is representing Pueblo County in Public Service Company of Colorado’s pending Clean Energy Plan. A version of this originally appeared in the Denver Gazette.
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Another week, another column about Colorado’s ruling class treating democracy like a state trooper treats the speed limit. It’s for other people.
I swear, I want to write about literally anything else — aliens, sports, lab-grown meat, Bigfoot opening a vape shop in Pueblo.
But Colorado’s legislature has never been more abusive to the citizenry, or hypocritical.
The kings of Colorado
To save time, I won’t rehash the endless “No Kings,” “Trump is destroying democracy,” “our sacred duty is protecting democracy, so be happy you have us” self-promotion constantly ejaculated by Colorado’s ruling class.
But, for the sake of argument, let’s pretend every word of it is true. Let’s assume President Donald Trump wakes every morning and convenes a joint special-forces meeting to steal democracy in Colorado.
If democracy is truly hanging by a thread, then surely Colorado’s Democrat majority is heroically defending it. I mean, they say that’s their job one, next to banning ketchup packets (Senate Bill 146, seriously).
Which leaves me confused.
Because from my tiny little “just-a-citizen” brain perspective, they seem to spend an awful lot of time removing voters’ power, hiding meetings, dodging taxpayer consent and nullifying ballot initiatives.
Maybe I’m missing the advanced theory of democracy taught only in elite government seminars and overpriced Aspen retreats.
Take Senate Bill 150. It strips away two-thirds of RTD’s publicly elected board seats and replaces them with appointees.
Silly me. I thought democracy involved electing people.
But apparently true democracy is when insiders choose insiders to protect the public from the dangerous unpredictability of… the public.
Then there’s House Bill 1326, which exempts the all-powerful Public Utilities Commission from open meetings laws.
Again, I’m sure there’s a sophisticated democracy-enhancing explanation for this.
Perhaps democracy works best when the public cannot actually watch government decisions being made. Sort of a “trust us you peasants” model of self-government.
House Bill 1418 puts a “fee” on games young people play online.
Now, if it walks like a tax, quacks like a tax and drains your wallet like a tax, a normal person might call it a tax. But by labeling it a “fee,” lawmakers can dodge asking voters for permission.
Which is convenient. Because asking permission from citizens can really slow down democracy.
Even more amazing, this fee appears large enough that under existing law it should require voter approval anyway. Yet lawmakers are still trying to skip the vote.
Apparently democracy is strongest when elections are treated as optional.
Truth is optional
Then there’s Senate Bill 135, which takes your TABOR refunds. At least this one goes to the ballot. But the ballot language will say the money goes to education.
In reality, only a small fraction actually does.
Maybe I’m old fashioned, but using misleading ballot language to convince voters to surrender their money feels less like defending democracy and more like a used car salesman turning back the odometer on a lemon.
Now comes the cherry on top, House Bill 1430, filed in the final chaotic moments of the session. Its purpose is beautifully simple: invalidate a citizen initiative that might appear on the ballot this fall. Kill what voters might vote for before they vote on it.
I always believed democracy meant if voters approve something at the ballot box, government respects the outcome. Isn’t that what the anger against Trump and Tina Peters is all about?
Here’s the backstory: Colorado used to dedicate sales tax revenue from automobile parts and accessories to roads. Which honestly seems reasonable, given roads are where cars generally go (Man, if I could still get away with a drunk driving joke, this would be a perfect spot).
But the legislature ended that sensible funding stream. We don’t really do road funding anymore. I don’t need to convince you of that. Instead, we currently do incentives for front-end alignment shops.
Now there’s a potential citizen initiative that might restore that road-funding mechanism. Maybe it makes the ballot. Maybe voters approve it. Maybe they don’t.
That’s how democracy is supposed to work.
But HB-1430 essentially says, “That’s cute. Your vote still won’t matter.”
If voters approve returning the road funding, with 1430 lawmakers will reduce road funding by the exact same amount.
Thankfully, Colorado is governed by people who understand democracy far better than voters do.
Thank God Colorado’s one-party rulers are here to save democracy from the voters.
Jon Caldara is president of Independence Institute, a free market think tank in Denver.

Colorado’s legislative session has just ended. State lawmakers try to kneecap a law that allows Coloradans a right to natural gas. Does it work? What does having natural gas afford citizens? PowerGab Hosts Jake Fogleman and Amy Cooke discuss this and more.
Show Notes:
https://leg.colorado.gov/bills/SB26-002
https://leg.colorado.gov/bills/HB26-1326
https://i2i.org/colorados-puc-sunset-bill-lost-its-worst-provisions/
https://leg.colorado.gov/bills/SB26-182
https://leg.colorado.gov/initiatives/right-to-natural-gas-177
https://sarahmontalbano.substack.com/p/colorado-springs-utilities-coal-plant
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Because the grid could use a backup plan.
Yes, we’re giving away a Predator Generator.
No, this is not a drill.
Yes, it’s because reliability apparently isn’t fashionable anymore.
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Starting with the first show of 2026, drop a funny, clever, or pithy comment in the show’s comment section.
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At the end of the session, we’ll select our top 3–5 favorite comments.
Final Vote
Then you vote on the winner.
Democracy still works here. Mostly.
Winner announced on the last show in May 2026.
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Because when the grid wobbles, satire won’t keep your lights on — but a Predator Generator will.

In this conversation, political scientist Lindsey Cormack discusses why America’s civic knowledge crisis may be deeper than most people realize. From students not understanding basic government concepts like federalism, primaries, or even the three branches of government, to broader concerns about self-governance, voter participation, and the growing disconnect between citizens and civic responsibility, the discussion explores what happens when people stop understanding how their own system works. The interview also dives into ranked choice voting, approval voting, local government involvement, the “American experiment,” and why raising informed, engaged citizens may no longer be something schools can handle alone.