Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-1027.01 Jery Payne x2157 HOUSE BILL 22-1381 House Committees Senate Committees Energy & Environment A BILL FOR AN ACT C ONCERNING THE CREATION OF A GEOTHERMAL ENERGY GRANT101 PROGRAM TO FACILITATE THE DEVELOPMENT OF GEOTHERMAL102 ENERGY RESOURCES .103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates the geothermal energy grant program (grant program) in the Colorado energy office (office) within the office of the governor. The grant program offers 3 types of grants: ! The single-structure geothermal grant, which is awarded to applicants that are constructing new buildings and that are HOUSE SPONSORSHIP Titone and McKean, Soper SENATE SPONSORSHIP Winter, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. installing a geothermal system as the primary heating system for the building; ! The community district heating grant, which is awarded to support ground-source, water-source, or multisource thermal systems that serve more than one building; and ! The geothermal electricity generation grant, which is awarded to support the development of geothermal electricity generation and hydrogen generation produced from geothermal energy. The bill sets qualifications, limits, and standards for awarding the grants. A grantee is prohibited from using the money for any purpose not specified in statute or in the grant application. Using the grant money for another purpose subjects the grantee to a civil action seeking repayment. The bill creates the geothermal energy grant fund (fund).The grant money in the fund is allocated in the following percentages: ! Up to 40% of the total money in the fund may be awarded in grants for cost-matching public-private partnerships to support the development of geothermal electricity generation and resource development, which may include hydrogen generation produced from geothermal energy; ! Up to 60% of the total money in the fund may be awarded in grants for constructing new buildings and remodeling existing buildings using geothermal heating, and one-fourth of the money must be awarded to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities; and ! Up to 25% of the total money in the fund may be awarded in grants to support the development of district heating systems in new construction or to retrofit existing buildings. The money in the fund is continuously appropriated to implement the grant program. The state treasurer will transfer $20 million from the general fund to the fund. The office administers the grant program and, in doing so, must develop and apply criteria for evaluating and awarding grant applications that: ! Prioritize projects in low-income, disproportionately impacted, or just transition communities; and ! Maximize the number of additional projects that would otherwise not occur without grant money. Each grantee must submit an annual report to the office for 2 years following receipt of a grant award. By February 1, 2024, and each year thereafter, the office must submit a report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives. The report must include: HB22-1381 -2- ! The grant expenditures; ! The percentage of each type of grant awarded; ! The total amount of matching funds that grantees provided to receive a grant; ! The percentage of grants awarded to and for projects in low-income, disproportionately impacted, or just transition communities; and ! To the extent available, the effects of the grants on gas use, electricity use, emissions, and energy costs. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 24-38.5-113 as2 follows:3 24-38.5-113. Geothermal energy grant program - creation -4 procedures - fund - report - definitions - repeal. (1) Legislative5 declaration. T HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES6 THAT:7 (a) T HE DEVELOPMENT OF GEOTHERMAL ENERGY RESOURCES IS AN8 AVAILABLE AND PROMISING TECHNOLOGY IN THE TRANSITION FROM FOSSIL9 FUELS TO RENEWABLE ENERGY ;10 (b) T HE DEVELOPMENT OF GEOTHERMAL ENERGY RESOURCES ,11 INCLUDING FOR HEATING, COOLING, AND ELECTRICITY GENERATION, HAS12 THE POTENTIAL TO CREATE JOBS AND HELP ADDRESS MOBILITY FOR13 WORKERS IN ENERGY PRODUCTION AND TRANSMISSION , ESPECIALLY IN14 PIPELINE-RELATED WORK;15 (c) B UILDING NEW GEOTHERMAL SYSTEMS IN HOMES AND16 BUSINESSES WILL PROVIDE A STABLE, PREDICTABLE COST TO CONSUMERS;17 (d) S TATE INVESTMENT IS IMPORTANT TO SUPPORT PUBLIC18 AGENCIES IN ENCOURAGING INVESTMENT IN GEOTHERMAL ENERGY FOR19 HOMES, BUILDINGS, AND ENERGY PRODUCTION;20 HB22-1381-3- (e) GEOTHERMAL ELECTRICITY GENERATION CAN PROVIDE1 OPPORTUNITIES FOR ZERO -POLLUTION, RENEWABLE ELECTRICITY2 GENERATION THAT IS NOT INTERMITTENT , INCREASING BASELOAD3 RELIABILITY FOR THE ELECTRIC GRID; AND4 (f) G EOTHERMAL ELECTRICITY GENERATION MAY BE PAIRED WITH5 ELECTROLYZERS TO GENERATE HYDROGEN FROM WATER , PROVIDING6 ADDITIONAL ECONOMIC OPPORTUNITIES AND ZERO -POLLUTION FUELS.7 (2) A S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8 REQUIRES:9 (a) "F UND" MEANS THE GEOTHERMAL ENERGY GRANT FUND10 CREATED IN SUBSECTION (7) OF THIS SECTION.11 (b) "G RANT PROGRAM" MEANS THE GEOTHERMAL ENERGY GRANT12 PROGRAM CREATED IN SUBSECTION (3) OF THIS SECTION.13 (c) "O FFICE" MEANS THE COLORADO ENERGY OFFICE.14 (3) Creation of grant program. T HERE IS HEREBY CREATED15 WITHIN THE OFFICE THE GEOTHERMAL ENERGY GRANT PROGRAM TO16 PROVIDE GRANTS TO BUILDING OWNERS , DEVELOPERS, LOCAL17 GOVERNMENTS, GEOTHERMAL INSTALLERS, CONTRACTORS, COMMUNITIES,18 GAS OR ELECTRIC SERVICE PUBLIC UTILITIES , OR OTHER ENTITIES19 APPROVED BY THE OFFICE FOR:20 (a) T HE DEVELOPMENT OF GEOTHERMAL ELECTRICITY21 GENERATION;22 (b) T HE INSTALLATION OF GEOTHERMAL EQUIPMENT FOR USE AS23 THE PRIMARY HEATING OR COOLING SYSTEMS IN NEW CONSTRUCTION OR24 TO RETROFIT EXISTING BUILDINGS; OR25 (c) T HE DEVELOPMENT OF COMMUNITY THERMAL SYSTEMS THAT26 ARE USED IN NEW CONSTRUCTION OR TO RETROFIT EXISTING BUILDINGS .27 HB22-1381 -4- (4) Grants - limitations - qualifications. T HE GRANT PROGRAM1 CONSISTS OF THREE TYPES OF GRANTS:2 (a) T HE SINGLE-STRUCTURE GEOTHERMAL GRANT , WHICH IS3 AWARDED TO APPLICANTS THAT ARE CONSTRUCTING A NEW BUILDING ,4 INCLUDING A SINGLE-FAMILY OR MULTIFAMILY RESIDENCE, AND THAT ARE5 INSTALLING A GEOTHERMAL SYSTEM FOR USE AS THE PRIMARY HEATING6 AND COOLING SYSTEM FOR THE BUILDING . A SINGLE-STRUCTURE7 GEOTHERMAL GRANT IS SUBJECT TO THE FOLLOWING LIMITATIONS AND8 QUALIFICATIONS:9 (I) A DEVELOPER OR GEOTHERMAL INSTALLER IS ELIGIBLE FOR10 GRANTS FOR THE CONSTRUCTION OF NO MORE THAN ONE HUNDRED11 RESIDENTIAL BUILDINGS;12 (II) C OMMERCIAL BUILDINGS AND STATE AND LOCAL GOVERNMENT13 BUILDINGS THAT ARE CONSTRUCTED USING GRANT MONEY MUST MEET THE14 STANDARDS OF THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE;15 (III) D EVELOPERS, GEOTHERMAL INSTALLERS , OR COMMERCIAL16 BUILDING OWNERS THAT APPLY FOR A GRANT MUST ATTEST THAT THEY17 WILL USE LICENSED PLUMBING OR MECHANICAL CONTRACTORS THAT HAVE18 AN APPRENTICESHIP PROGRAM , AS DEFINED IN SECTION 8-83-308 (3)(a);19 (IV) T HE OFFICE SHALL DETERMINE THE AMOUNT OF EACH GRANT20 BASED ON PER-TON HEATING CAPACITY AS FOLLOWS ; EXCEPT THAT THE21 OFFICE MAY CHANGE A GRANT AWARD AMOUNT AFTER THE FIRST YEAR IF22 THE OFFICE DETERMINES THAT CHANGES ARE NECESSARY TO ADVANCE23 GEOTHERMAL DEVELOPMENT :24 (A) A NONRESIDENTIAL BUILDING CONSTRUCTED BY A FOR -PROFIT25 ENTITY QUALIFIES FOR UP TO ONE THOUSAND TWO HUNDRED DOLLARS PER26 TON OF HEATING CAPACITY;27 HB22-1381 -5- (B) A NONRESIDENTIAL BUILDING CONSTRUCTED BY A NONPROFIT1 ENTITY QUALIFIES FOR UP TO TWO THOUSAND FIVE HUNDRED DOLLARS PER2 TON OF HEATING CAPACITY;3 (C) A MULTIFAMILY RESIDENCE CONSTRUCTED BY A FOR -PROFIT4 ENTITY QUALIFIES FOR UP TO ONE THOUSAND TWO HUNDRED DOLLARS PER5 TON OF HEATING CAPACITY;6 (D) A MULTIFAMILY RESIDENCE CONSTRUCTED BY A NONPROFIT7 ENTITY QUALIFIES FOR UP TO TWO THOUSAND FIVE HUNDRED DOLLARS PER8 TON OF HEATING CAPACITY; AND9 (E) A SINGLE-FAMILY RESIDENCE, INCLUDING A RESIDENCE WITHIN10 A TOWNHOME OR CONDOMINIUM BUILDING , QUALIFIES FOR ONE THOUSAND11 FIVE HUNDRED DOLLARS PER TON OF HEATING CAPACITY ; AND12 (V) T HE GRANTS ARE SUBJECT TO THE FOLLOWING LIMIT ON THE13 NUMBER OF TONS OF HEATING CAPACITY THAT QUALIFY A BUILDING FOR14 A GRANT; EXCEPT THAT THE OFFICE MAY CHANGE THE TONNAGE AMOUNT15 AFTER THE FIRST YEAR IF THE OFFICE FINDS THAT MEETING MARKET16 DEMANDS REQUIRES THE CHANGE :17 (A) A GRANT FOR A SINGLE-FAMILY RESIDENCE IS LIMITED TO FIVE18 TONS; AND19 (B) A GRANT FOR A NONRESIDENTIAL BUILDING IS LIMITED TO ONE20 HUNDRED TONS;21 (b) T HE COMMUNITY DISTRICT HEATING GRANT , WHICH IS22 AWARDED TO SUPPORT GROUND -SOURCE, WATER-SOURCE, OR23 MULTISOURCE THERMAL SYSTEMS THAT SERVE MORE THAN A SINGLE24 BUILDING. APPLICANTS MAY APPLY FOR GRANTS FOR A SCOPING STUDY , A25 DETAILED DESIGN STUDY , PROJECTS, OR A COMBINATION OF THESE26 OPTIONS. TEAMS CONSISTING OF BUILDING OWNERS , GEOTHERMAL27 HB22-1381 -6- INSTALLERS, GAS OR ELECTRIC SERVICE PUBLIC UTILITIES, CONSULTANTS,1 DEVELOPERS, OR OTHER ENTITIES APPROVED BY THE OFFICE ARE ELIGIBLE2 TO SUBMIT A PROPOSAL FOR A SCOPING STUDY OR A DETAILED DESIGN3 STUDY. TO QUALIFY FOR A GRANT FOR THE PROJECT, AN APPLICANT MUST4 SUCCESSFULLY COMPLETE A STUDY AND SHOW PROOF OF A VIABLE5 PROJECT. A COMMUNITY DISTRICT HEATING GRANT IS SUBJECT TO THE6 FOLLOWING LIMITATIONS AND QUALIFICATIONS :7 (I) U P TO ONE HUNDRED THOUSAND DOLLARS PER PROJECT TO8 CONDUCT A SCOPING STUDY TO DETERMINE IF A COMMUNITY THERMAL9 SYSTEM WOULD HELP LOWER GREENHOUSE GAS EMISSIONS AND PROVIDE10 A REASONABLE-COST APPROACH TO HEATING AND COOLING A GROUP OF11 BUILDINGS; AND12 (II) U P TO FIVE HUNDRED THOUSAND DOLLARS PER PROJECT TO13 PERFORM A DETAILED DESIGN STUDY EVALUATING ISSUES , INCLUDING THE14 FINANCIAL AND LEGAL RESPONSIBILITIES, OF THE BUILDING OWNERS THAT15 WISH TO JOIN THE COMMUNITY THERMAL SYSTEM ; AND16 (c) T HE GEOTHERMAL ELECTRICITY GENERATION GRANT , WHICH17 IS AWARDED TO SUPPORT THE DEVELOPMENT OF GEOTHERMAL18 ELECTRICITY GENERATION AND PROJECTS THAT PAIR GEOTHERMAL19 ELECTRICITY GENERATION WITH ELECTROLYZERS FOR THE PRODUCTION OF20 HYDROGEN FROM GEOTHERMAL GENERATION . A PERSON MAY APPLY FOR21 MORE THAN ONE COST -MATCHING GRANT IN A YEAR . A GEOTHERMAL22 ELECTRICITY GENERATION GRANT IS SUBJECT TO THE FOLLOWING23 LIMITATIONS AND QUALIFICATIONS:24 (I) L OCAL GOVERNMENTS, CORPORATIONS, AND GAS OR ELECTRIC25 SERVICE PUBLIC UTILITIES ARE ELIGIBLE TO APPLY FOR AND RECEIVE THE26 GRANT;27 HB22-1381 -7- (II) FOR APPLICATIONS FOR A GRANT TO HELP FUND A STUDY TO1 IDENTIFY AND EXPLORE RESOURCES THAT MAY BE SUITABLE FOR2 GEOTHERMAL ELECTRICITY GENERATION , COSTING UP TO ONE MILLION3 DOLLARS, THE OFFICE MAY AWARD A GRANT OF UP TO FIFTY PERCENT OF4 THE STUDY COST; EXCEPT THAT, IF THE PROJECT INCLUDES THE5 PRODUCTION OF HYDROGEN FROM ELECTRICITY GENERATED USING6 GEOTHERMAL ENERGY , THE OFFICE MAY AWARD A GRANT OF UP TO SIXTY7 PERCENT OF THE STUDY COST;8 (III) F OR APPLICATIONS FOR A GRANT TO HELP FUND A STUDY TO9 IDENTIFY AND EXPLORE RESOURCES THAT MAY BE SUITABLE FOR10 GEOTHERMAL ELECTRICITY GENERATION OR HYDROGEN GENERATION11 FROM ELECTRICITY GENERATED USING GEOTHERMAL ENERGY , COSTING12 MORE THAN ONE MILLION DOLLARS , THE OFFICE MAY AWARD A GRANT OF13 UP TO FIVE HUNDRED THOUSAND DOLLARS PER PROJECT ; AND14 (IV) F OR PROJECTS THAT CONCERN AN IDENTIFIED POTENTIAL15 GEOTHERMAL RESOURCE BUT NEED CONFIRMATION THROUGH DRILLING16 AND TESTING OR THAT ARE SEEKING TO DEVELOP A PROJECT GENERATION17 SITE:18 (A) T HE OFFICE MAY AWARD A GRANT OF UP TO FIFTY PERCENT OF19 THE FIRST MILLION DOLLARS OF THE COSTS OF THE PROJECT ;20 (B) T HE OFFICE MAY AWARD UP TO FIVE HUNDRED THOUSAND21 DOLLARS PER PROJECT IN ADDITION TO THE AMOUNT AWARDED IN22 SUBSECTION (4)(c)(IV)(A) OF THIS SECTION; AND23 (C) A DEVELOPER MAY APPLY FOR NO MORE THAN TWO GRANTS24 PER YEAR.25 (5) Application. T O RECEIVE A GRANT, A PERSON MUST SUBMIT AN26 APPLICATION TO THE OFFICE IN ACCORDANCE WITH THE POLICIES AND27 HB22-1381 -8- PROCEDURES SPECIFIED BY THE OFFICE.1 (6) Use of grants. A GRANTEE SHALL NOT USE THE MONEY2 RECEIVED THROUGH THE GRANT PROGRAM FOR ANY PURPOSE THAT IS NOT3 SPECIFIED IN SUBSECTION (4) OF THIS SECTION OR IN THE GRANT4 APPLICATION. IF A GRANTEE USES GRANT MONEY FOR ANY OTHER5 PURPOSE, THE GRANTEE IS SUBJECT TO A CIVIL ACTION TO RECOVER THE6 ENTIRE AMOUNT OF THE GRANT AWARD OR THE PORTION OF THE GRANT7 AWARD USED FOR THE OTHER PURPOSE .8 (7) Fund. (a) (I) T HE GEOTHERMAL ENERGY GRANT FUND IS9 HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF10 MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER11 TO THE FUND.12 (II) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND13 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE14 FUND TO THE FUND.15 (III) M ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE16 OFFICE TO IMPLEMENT THIS SECTION.17 (b) G RANTS MADE UNDER THIS SECTION ARE PAID OUT OF THE18 FUND.19 (c) (I) W ITHIN FIVE BUSINESS DAYS AFTER THE EFFECTIVE DATE OF20 THIS SECTION, THE STATE TREASURER SHALL TRANSFER TWENTY MILLION21 DOLLARS FROM THE GENERAL FUND TO THE FUND .22 (II) T HIS SUBSECTION (7)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.23 (8) Administration. (a) T HE OFFICE SHALL ADMINISTER THE24 GRANT PROGRAM, AWARD GRANTS AS PROVIDED IN THIS SECTION , AND25 DEVELOP POLICIES AND PROCEDURES AS NECESSARY TO IMPLEMENT THE26 GRANT PROGRAM.27 HB22-1381 -9- (b) THE OFFICE SHALL AWARD GRANTS FROM THE FUND IN1 ACCORDANCE WITH THE FOLLOWING PARAMETERS :2 (I) U P TO FORTY PERCENT OF THE TOTAL MONEY IN THE FUND MAY3 BE AWARDED THROUGH GRANTS TO SUPPORT THE DEVELOPMENT OF4 GEOTHERMAL ELECTRICITY GENERATION AND RESOURCE DEVELOPMENT ,5 WHICH MAY INCLUDE HYDROGEN GENERATION PRODUCED FROM6 GEOTHERMAL ENERGY ;7 (II) U P TO SIXTY PERCENT OF THE TOTAL MONEY IN THE FUND MAY8 BE AWARDED AS SINGLE -STRUCTURE GEOTHERMAL GRANTS , AND9 ONE-FOURTH OF THE GRANT MONEY AWARDED UNDER THIS SUBSECTION10 (8)(b)(II) MUST BE AWARDED TO ELIGIBLE ENTITIES FROM OR PROJECTS IN11 LOW-INCOME, DISPROPORTIONATELY IMPACTED , OR JUST TRANSITION12 COMMUNITIES, AS THOSE COMMUNITIES ARE DEFINED BY THE OFFICE; AND13 (III) U P TO TWENTY-FIVE PERCENT OF THE TOTAL MONEY IN THE14 FUND MAY BE AWARDED AS COMMUNITY DISTRICT HEATING GRANTS ,15 WHICH MAY INCLUDE:16 (A) S INGLE-OWNER CAMPUSES;17 (B) M EDICAL CAMPUSES;18 (C) R ESIDENTIAL CAMPUSES;19 (D) M ULTI-OWNER NODES; AND20 (E) P UBLIC OR PRIVATE COLLEGE OR UNIVERSITY CAMPUSES .21 (c) T HE OFFICE SHALL DEVELOP AND APPLY CRITERIA FOR22 EVALUATING AND AWARDING GRANT APPLICATIONS THAT :23 (I) P RIORITIZE PROJECTS IN LOW-INCOME, DISPROPORTIONATELY24 IMPACTED, OR JUST TRANSITION COMMUNITIES; AND25 (II) M AXIMIZE THE NUMBER OF ADDITIONAL PROJECTS THAT26 WOULD OTHERWISE NOT OCCUR WITHOUT THE GRANT MONEY .27 HB22-1381 -10- (9) Reporting. (a) E ACH GRANTEE SHALL SUBMIT AN ANNUAL1 REPORT TO THE OFFICE FOR TWO YEARS FOLLOWING RECEIPT OF A GRANT2 AWARD. THE OFFICE SHALL DETERMINE THE CONTENTS OF THE REPORT .3 (b) O N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE4 F EBRUARY 1 EACH YEAR THEREAFTER THROUGH FEBRUARY 1, 2026, THE5 OFFICE SHALL SUBMIT A REPORT TO THE TRANSPORTATION AND ENERGY6 COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT7 COMMITTEE OF THE HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR8 COMMITTEE, ON THE GEOTHERMAL ENERGY GRANT PROGRAM . AT A9 MINIMUM, THIS REPORT MUST INCLUDE:10 (I) T HE TOTAL AMOUNT OF GRANT MONEY AWARDED IN THE11 PRECEDING CALENDAR YEAR ;12 (II) T HE TOTAL NUMBER OF GRANTS AWARDED IN THE PRECEDING13 CALENDAR YEAR, INCLUDING THE AMOUNT OF EACH GRANT ;14 (III) T HE TOTAL AMOUNT OF GRANT MONEY AWARDED TO EACH15 GRANTEE IN THE PRECEDING CALENDAR YEAR ;16 (IV) T HE TOTAL AMOUNT OF MATCHING FUNDS THAT GRANTEES17 PROVIDED TO RECEIVE A GRANT;18 (V) T HE PERCENTAGE OF THE TOTAL AMOUNT OF GRANT MONEY19 AWARDED IN THE PRECEDING CALENDAR YEAR THAT WAS AWARDED AS20 EACH TYPE OF GRANT DESCRIBED IN THIS SECTION ;21 (VI) T HE PERCENTAGE OF THE TOTAL AMOUNT OF GRANT MONEY22 AWARDED IN THE PRECEDING CALENDAR YEAR THAT WAS AWARDED TO OR23 FOR PROJECTS IN LOW-INCOME, DISPROPORTIONATELY IMPACTED , OR JUST24 TRANSITION COMMUNITIES; AND25 (VII) T O THE EXTENT AVAILABLE, THE EFFECTS OF THE GRANTS ON26 GAS USE, ELECTRICITY USE, EMISSIONS, AND ENERGY COSTS.27 HB22-1381 -11- (c) THIS SUBSECTION (9)(c) AND SUBSECTION (9)(b) OF THIS1 SECTION ARE REPEALED, EFFECTIVE JULY 1, 2026.2 (10) T O THE EXTENT THAT A GAS OR ELECTRIC SERVICE UTILITY3 CONTRIBUTES TO A PROJECT OR PARTNERS WITH AN ELIGIBLE ENTITY4 UNDERTAKING A PROJECT AWARDED UNDER THE GRANT PROGRAM , THE5 UTILITY MAY COUNT MASS-BASED EMISSIONS REDUCTIONS ASSOCIATED6 WITH THE PROJECT TOWARD COMPLIANCE WITH THE REQUIREMENTS7 IMPOSED BY:8 (a) R ULES PROMULGATED UNDER SECTION 25-7-105 (1)(e)(X.7);9 (b) S ECTION 40-3.2-108 (3)(b); OR10 (c) A NY SIMILAR GREENHOUSE GAS EMISSION REDUCTION11 PROGRAM OR REQUIREMENT IMPOSED BY RULE OR STATUTE .12 SECTION 2. In Colorado Revised Statutes, 24-75-402, add13 (5)(vv) as follows:14 24-75-402. Cash funds - limit on uncommitted reserves -15 reduction in the amount of fees - exclusions - definitions.16 (5) Notwithstanding any provision of this section to the contrary, the17 following cash funds are excluded from the limitations specified in this18 section:19 (vv) T HE GEOTHERMAL ENERGY GRANT FUND CREATED IN SECTION20 24-38.5-113 (7).21 SECTION 3. Act subject to petition - effective date. This act22 takes effect at 12:01 a.m. on the day following the expiration of the23 ninety-day period after final adjournment of the general assembly; except24 that, if a referendum petition is filed pursuant to section 1 (3) of article V25 of the state constitution against this act or an item, section, or part of this26 act within such period, then the act, item, section, or part will not take27 HB22-1381 -12- effect unless approved by the people at the general election to be held in1 November 2022 and, in such case, will take effect on the date of the2 official declaration of the vote thereon by the governor.3 HB22-1381 -13-