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Senate committee advances bill to replace high‑emitting trucks, adds rules to ensure trade‑ins remove vehicles from roads

Senate Transportation and Energy Committee · February 23, 2026
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Summary

The Senate Transportation and Energy Committee unanimously advanced Senate Bill 21 after adopting amendments that prioritize pre‑2006 high‑emitting trucks, remove SIP language, allow zero‑emission refrigerated transport to qualify, and require traded‑in trucks to be operable; members voiced concerns about avoiding subsidies for replacements that would have occurred anyway.

The Senate Transportation and Energy Committee voted unanimously to advance Senate Bill 21 as amended, adopting two amendments intended to focus state funds on the oldest, highest‑emitting commercial trucks and to prevent program gaming.

Senator Malka, the bill sponsor, told the committee the first amendment (L005) "allows for that 0 emission technology when it comes to refrigeration transport," corrects a prior drafting error to "prioritize 2006 and earlier," and removes SIP language after feedback from the Colorado Department of Public Health and Environment (CDPHE) and environmental stakeholders. The committee adopted L005 without objection.

A second amendment (L006) requires that any truck offered as a trade‑in be "registered, operable, and capable of independent roadway operation at the time of the application," Senator Malka said, so that the program "takes these off of the road" rather than accepting long‑idle or junked vehicles. Malka also said the bill includes measures intended to ensure permanently retired, high‑polluting trucks do not return to service; she described steps such as disabling engines to prevent reutilization.

Some members pressed for safeguards to ensure state funds produce additional emissions reductions. Senator Ball asked whether the program might "subsidiz[e] upgrades that were going to happen anyway," suggesting the state should avoid paying to accelerate replacements that would have occurred without assistance. Malka replied the amendments and the year cutoff are intended to target the oldest vehicles and that further eligibility measurements are included to address additionality concerns.

Minority Leader Susan Sweet said many rural operators run trucks for decades and that the bill is designed to capture those very old, high‑emitting vehicles rather than routinely replaced new vehicles. Senator Simpson described the proposal as "a kind of small incremental step" that would limit enterprise‑fund spending for a short period (five years) and include a sunset to assess whether the policy is achieving air‑quality goals.

After debate, Senator Mullica moved to advance Senate Bill 21 as amended to the Committee of the Whole with a favorable recommendation. Ms. Forbes conducted a roll call; senators recorded in the transcript as voting aye included Bazely, Catlin, Exham, Linstead, Malika, Elton and the Chair; Senator Sullivan was excused. The Chair declared the motion passed unanimously.

The bill will next be considered by the Committee of the Whole. The committee adjourned.