Second Regular Session Seventy-third General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 22-1027.01 Jery Payne x2157 HOUSE BILL 22-1381 House Committees Senate Committees Energy & Environment Finance Finance Appropriations Appropriations 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 SENATE 3rd Reading Unamended May 11, 2022 SENATE Amended 2nd Reading May 10, 2022 HOUSE 3rd Reading Unamended May 2, 2022 HOUSE Amended 2nd Reading April 29, 2022 HOUSE SPONSORSHIP Titone and McKean, Soper, Amabile, Bacon, Bernett, Bird, Carver, Catlin, Cutter, Froelich, Hooton, Jodeh, Kennedy, Kipp, Lindsay, Lontine, McCormick, McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Valdez D., Weissman SENATE SPONSORSHIP Winter and Woodward, Buckner, Coram, Danielson, Donovan, Ginal, Hansen, Kolker, Lee, Moreno, Pettersen, Rankin, Simpson 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: 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 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 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 OR SUBSEQUENT EDITION OF THE CODE ;16 (III) D EVELOPERS, GEOTHERMAL INSTALLERS , OR COMMERCIAL17 BUILDING OWNERS THAT APPLY FOR A GRANT MUST ATTEST THAT THEY18 WILL USE LICENSED PLUMBING OR MECHANICAL CONTRACTORS THAT HAVE19 AN APPRENTICESHIP PROGRAM , AS DEFINED IN SECTION 8-83-308 (3)(a);20 (IV) T HE OFFICE SHALL DETERMINE THE AMOUNT OF EACH GRANT21 BASED ON PER-TON HEATING CAPACITY AS FOLLOWS ; EXCEPT THAT THE22 OFFICE MAY CHANGE A GRANT AWARD AMOUNT AFTER THE FIRST YEAR IF23 THE OFFICE DETERMINES THAT C HANGES ARE NECESSARY TO ADVANCE24 GEOTHERMAL DEVELOPMENT :25 (A) A NONRESIDENTIAL BUILDING CONSTRUCTED BY A FOR -PROFIT26 ENTITY QUALIFIES FOR UP TO TWO THOUSAND DOLLARS PER TON OF27 1381 -5- HEATING CAPACITY;1 (B) A NONRESIDENTIAL BUILDING CONSTRUCTED BY A NONPROFIT2 ENTITY QUALIFIES FOR UP TO THREE THOUSAND DOLLARS PER TON OF3 HEATING CAPACITY;4 (C) A MULTIFAMILY RESIDENCE CONSTRUCTED BY A FOR -PROFIT5 ENTITY QUALIFIES FOR UP TO TWO THOUSAND DOLLARS PER TON OF6 HEATING CAPACITY;7 (D) A MULTIFAMILY RESIDENCE CONSTRUCTED BY A NONPROFIT8 ENTITY QUALIFIES FOR UP TO THREE THOUSAND DOLLARS PER TON OF9 HEATING CAPACITY; AND10 (E) A SINGLE-FAMILY RESIDENCE, INCLUDING A RESIDENCE WITHIN11 A TOWNHOME OR CONDOMINIUM BUILDING , QUALIFIES FOR TWO12 THOUSAND DOLLARS PER TON OF HEATING CAPACITY ; AND13 (V) T HE GRANTS ARE SUBJECT TO THE FOLLOWING LIMIT ON THE14 NUMBER OF TONS OF HEATING CAPACITY THAT QUALIFY A BUILDING FOR15 A GRANT; EXCEPT THAT THE OFFICE MAY CHANGE THE TONNAGE AMOUNT16 AFTER THE FIRST YEAR IF THE OFFICE FINDS THAT MEETING MARKET17 DEMANDS REQUIRES THE CHANGE :18 (A) A GRANT FOR A SINGLE-FAMILY RESIDENCE IS LIMITED TO FIVE19 TONS; AND20 (B) A GRANT FOR A NONRESIDENTIAL BUILDING IS LIMITED TO ONE21 HUNDRED TONS;22 (b) T HE COMMUNITY DISTRICT HEATING GRANT , WHICH IS23 AWARDED TO SUPPORT GROUND -SOURCE, WATER-SOURCE, OR24 MULTISOURCE THERMAL SYSTEMS THAT SERVE MORE THAN A SINGLE25 BUILDING. APPLICANTS MAY APPLY FOR GRANTS FOR A SCOPING STUDY , A26 DETAILED DESIGN STUDY , PROJECTS, OR A COMBINATION OF THESE27 1381 -6- OPTIONS. TEAMS CONSISTING OF BUILDING OWNERS , GEOTHERMAL1 INSTALLERS, PUBLIC UTILITIES, POLITICAL SUBDIVISIONS OF COLORADO,2 CONSULTANTS, DEVELOPERS, OR OTHER ENTITIES APPROVED BY THE3 OFFICE ARE ELIGIBLE TO SUBMIT A PROPOSAL FOR A SCOPING STUDY OR A4 DETAILED DESIGN STUDY. TO QUALIFY FOR A GRANT FOR THE PROJECT, AN5 APPLICANT MUST SUCCESSFULLY COMPLETE A STUDY AND SHOW PROOF OF6 A VIABLE PROJECT. A COMMUNITY DISTRICT HEATING GRANT IS SUBJECT7 TO THE FOLLOWING LIMITATIONS AND QUALIFICATIONS :8 (I) U P TO ONE HUNDRED THOUSAND DOLLARS PER PROJECT TO9 CONDUCT A SCOPING STUDY TO DETERMINE IF A COMMUNITY THERMAL10 SYSTEM WOULD HELP LOWER GREENHOUSE GAS EMISSIONS AND PROVIDE11 A REASONABLE-COST APPROACH TO HEATING AND COOLING A GROUP OF12 BUILDINGS; 13 (II) U P TO FIVE HUNDRED THOUSAND DOLLARS PER PROJECT TO14 PERFORM A DETAILED DESIGN STUDY EVALUATING ISSUES , INCLUDING THE15 FINANCIAL AND LEGAL RESPONSIBILITIES, OF THE BUILDING OWNERS THAT16 WISH TO JOIN THE COMMUNITY THERMAL SYSTEM ; AND17 (III) UP TO FIVE HUNDRED THOUSAND DOLLARS FOR THE18 INSTALLATION OF A COMMUNITY DISTRICT GEOTHERMAL PROJECT THAT19 SERVES MORE THAN ONE BUILDING FROM A SINGLE GEOTHERMAL LOOP ,20 SUBJECT TO THE FOLLOWING:21 (A) THE OFFICE MAY AWARD A GRANT OF UP TO FIFTY PERCENT OF22 THE FIRST MILLION DOLLARS OF THE COSTS OF THE PROJECT ; AND23 (B) A BUILDING OWNER, LOCAL GOVERNMENT, DEVELOPER,24 UTILITY SERVING THE ADDRESSES, OR GEOTHERMAL INSTALLER SHALL NOT25 APPLY FOR MORE THAN TWO GRANTS FOR PROJECT INSTALLATION IN A26 SINGLE YEAR.27 1381 -7- (c) THE GEOTHERMAL ELECTRICITY GENERATION GRANT , WHICH1 IS AWARDED TO SUPPORT THE DEVELOPMENT OF GEOTHERMAL2 ELECTRICITY GENERATION AND PROJECTS THAT PAIR GEOTHERMAL3 ELECTRICITY GENERATION WITH ELECTROLYZERS FOR THE PRODUCTION OF4 HYDROGEN FROM GEOTHERMAL GENERATION . A PERSON MAY APPLY FOR5 MORE THAN ONE COST -MATCHING GRANT IN A YEAR . A GEOTHERMAL6 ELECTRICITY GENERATION GRANT IS SUBJECT TO THE FOLLOWING7 LIMITATIONS AND QUALIFICATIONS:8 (I) L OCAL GOVERNMENTS, CORPORATIONS, AND GAS OR ELECTRIC9 SERVICE PUBLIC UTILITIES ARE ELIGIBLE TO APPLY FOR AND RECEIVE THE10 GRANT;11 (II) F OR APPLICATIONS FOR A GRANT TO HELP FUND A ST UDY TO12 IDENTIFY AND EXPLORE RESOURCES THAT MAY BE SUITABLE FOR13 GEOTHERMAL ELECTRICITY GENERATION , COSTING UP TO ONE MILLION14 DOLLARS, THE OFFICE MAY AWARD A GRANT OF UP TO FIFTY PERCENT OF15 THE STUDY COST; EXCEPT THAT, IF THE PROJECT INCLUDES THE16 PRODUCTION OF HYDROGEN FROM ELECTRICITY GENERATED USING17 GEOTHERMAL ENERGY , THE OFFICE MAY AWARD A GRANT OF UP TO SIXTY18 PERCENT OF THE STUDY COST;19 (III) F OR APPLICATIONS FOR A GRANT TO HELP FUND A STUDY TO20 IDENTIFY AND EXPLORE RESOURCES THAT MAY BE SUITABLE FOR21 GEOTHERMAL ELECTRICITY GENERATION OR HYDROGEN GENERATION22 FROM ELECTRICITY GENERATED USING GEOTHERMAL ENERGY , COSTING23 MORE THAN ONE MILLION DOLLARS , THE OFFICE MAY AWARD A GRANT OF24 UP TO FIVE HUNDRED THOUSAND DOLLARS PER PROJECT ; AND25 (IV) F OR PROJECTS THAT CONCERN AN IDENTIFIED POTENTIAL26 GEOTHERMAL RESOURCE BUT NEED CONFIRMATION THROUGH DRILLING27 1381 -8- AND TESTING OR THAT ARE SEEKING TO DEVELOP A PROJECT GENERATION1 SITE:2 (A) T HE OFFICE MAY AWARD A GRANT OF UP TO FIFTY PERCENT OF3 THE FIRST MILLION DOLLARS OF THE COSTS OF THE PROJECT ;4 (B) T HE OFFICE MAY AWARD UP TO FIVE HUNDRED THOUSAND5 DOLLARS PER PROJECT IN ADDITION TO THE AMOUNT AWARDED IN6 SUBSECTION (4)(c)(IV)(A) OF THIS SECTION; AND7 (C) A DEVELOPER MAY APPLY FOR NO MORE THAN TWO GRANTS8 PER YEAR.9 (5) Application. T O RECEIVE A GRANT, A PERSON MUST SUBMIT AN10 APPLICATION TO THE OFFICE IN ACCORDANCE WITH THE POLICIES AND11 PROCEDURES SPECIFIED BY THE OFFICE.12 (6) Use of grants. A GRANTEE SHALL NOT USE THE MONEY13 RECEIVED THROUGH THE GRANT PROGRAM FOR ANY PURPOSE THAT IS NOT14 SPECIFIED IN SUBSECTION (4) OF THIS SECTION OR IN THE GRANT15 APPLICATION. IF A GRANTEE USES GRANT MONEY FOR ANY OTHER16 PURPOSE, THE GRANTEE IS SUBJECT TO A CIVIL ACTION TO RECOVER THE17 ENTIRE AMOUNT OF THE GRANT AWARD OR THE PORTION OF THE GRANT18 AWARD USED FOR THE OTHER PURPOSE .19 (7) Fund. (a) (I) T HE GEOTHERMAL ENERGY GRANT FUND IS20 HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF21 MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER22 TO THE FUND.23 (II) T HE STATE TREASURER SHALL CREDIT ALL INTEREST AND24 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE25 FUND TO THE FUND.26 (III) M ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE27 1381 -9- OFFICE TO IMPLEMENT THIS SECTION.1 (b) G RANTS MADE UNDER THIS SECTION ARE PAID OUT OF THE2 FUND.3 (c) (I) W ITHIN FIVE BUSINESS DAYS AFTER THE EFFECTIVE DATE OF4 THIS SECTION, THE STATE TREASURER SHALL TRANSFER TWELVE MILLION5 DOLLARS FROM THE GENERAL FUND TO THE FUND .6 (II) T HIS SUBSECTION (7)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.7 (8) Administration. (a) T HE OFFICE SHALL ADMINISTER THE8 GRANT PROGRAM, AWARD GRANTS AS PROVIDED IN THIS SECTION , AND9 DEVELOP POLICIES AND PROCEDURES AS NECESSARY TO IMPLEMENT THE10 GRANT PROGRAM.11 (b) T HE OFFICE SHALL AWARD GRANTS FROM THE FUND IN12 ACCORDANCE WITH THE FOLLOWING PARAMETERS :13 (I) U P TO FORTY PERCENT OF THE TOTAL MONEY IN THE FUND MAY14 BE AWARDED THROUGH GRANTS TO SUPPORT THE DEVELOPMENT OF15 GEOTHERMAL ELECTRICITY GENERATION AND RESOURCE DEVELOPMENT ,16 WHICH MAY INCLUDE HYDROGEN GENERATION PRODUCED FROM17 GEOTHERMAL ENERGY ;18 (II) U P TO EIGHTY PERCENT OF THE TOTAL MONEY IN THE FUND19 MAY BE AWARDED AS SINGLE -STRUCTURE GEOTHERMAL GRANTS , AND20 ONE-FOURTH OF THE GRANT MONEY AWARDED UNDER THIS SUBSECTION21 (8)(b)(II) MUST BE AWARDED TO ELIGIBLE ENTITIES FROM OR PROJECTS IN22 LOW-INCOME, DISPROPORTIONATELY IMPACTED , OR JUST TRANSITION23 COMMUNITIES, AS THOSE COMMUNITIES ARE DEFINED BY THE OFFICE; AND24 (III) U P TO TWENTY-FIVE PERCENT OF THE TOTAL MONEY IN THE25 FUND MAY BE AWARDED AS COMMUNITY DISTRICT HEATING GRANTS ,26 WHICH MAY INCLUDE:27 1381 -10- (A) SINGLE-OWNER CAMPUSES;1 (B) M EDICAL CAMPUSES;2 (C) R ESIDENTIAL CAMPUSES;3 (D) M ULTI-OWNER NODES; AND4 (E) P UBLIC OR PRIVATE COLLEGE OR UNIVERSITY CAMPUSES .5 (c) T HE OFFICE SHALL DEVELOP AND APPLY CRITERIA FOR6 EVALUATING AND AWARDING GRANT APPLICATIONS THAT :7 (I) P RIORITIZE PROJECTS IN LOW-INCOME, DISPROPORTIONATELY8 IMPACTED, OR JUST TRANSITION COMMUNITIES; AND9 (II) M AXIMIZE THE NUMBER OF ADDITIONAL PROJECTS THAT10 WOULD OTHERWISE NOT OCCUR WITHOUT THE GRANT MONEY .11 (9) Reporting. (a) E ACH GRANTEE SHALL SUBMIT AN ANNUAL12 REPORT TO THE OFFICE FOR TWO YEARS FOLLOWING RECEIPT OF A GRANT13 AWARD. THE OFFICE SHALL DETERMINE THE CONTENTS OF THE REPORT .14 (b) O N OR BEFORE FEBRUARY 1, 2024, AND ON OR BEFORE15 F EBRUARY 1 EACH YEAR THEREAFTER THROUGH FEBRUARY 1, 2026, THE16 OFFICE SHALL SUBMIT A REPORT TO THE TRANSPORTATION AND ENERGY17 COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT18 COMMITTEE OF THE HOUSE OF REPRESENTATIVES , OR ANY SUCCESSOR19 COMMITTEE, ON THE GEOTHERMAL ENERGY GRANT PROGRAM . AT A20 MINIMUM, THIS REPORT MUST INCLUDE:21 (I) T HE TOTAL AMOUNT OF GRANT MONEY AWARDED IN THE22 PRECEDING CALENDAR YEAR ;23 (II) T HE TOTAL NUMBER OF GRANTS AWARDED IN THE PRECEDING24 CALENDAR YEAR, INCLUDING THE AMOUNT OF EACH GRANT ;25 (III) T HE TOTAL AMOUNT OF GRANT MONEY AWARDED TO EACH26 GRANTEE IN THE PRECEDING CALENDAR YEAR ;27 1381 -11- (IV) THE TOTAL AMOUNT OF MATCHING FUNDS THAT GRANTEES1 PROVIDED TO RECEIVE A GRANT;2 (V) T HE PERCENTAGE OF THE TOTAL AMOUNT OF GRANT MONEY3 AWARDED IN THE PRECEDING CALENDAR YEAR THAT WAS AWARDED AS4 EACH TYPE OF GRANT DESCRIBED IN THIS SECTION ;5 (VI) T HE PERCENTAGE OF THE TOTAL AMOUNT OF GRANT MONEY6 AWARDED IN THE PRECEDING CALENDAR YEAR THAT WAS AWARDED TO OR7 FOR PROJECTS IN LOW-INCOME, DISPROPORTIONATELY IMPACTED , OR JUST8 TRANSITION COMMUNITIES; AND9 (VII) T O THE EXTENT AVAILABLE, THE EFFECTS OF THE GRANTS ON10 GAS USE, ELECTRICITY USE, EMISSIONS, AND ENERGY COSTS.11 (c) T HIS SUBSECTION (9)(c) AND SUBSECTION (9)(b) OF THIS12 SECTION ARE REPEALED, EFFECTIVE JULY 1, 2026.13 (10) T O THE EXTENT THAT A GAS OR ELECTRIC SERVICE UTILITY14 CONTRIBUTES TO A PROJECT OR PARTNERS WITH AN ELIGIBLE ENTITY15 UNDERTAKING A PROJECT AWARDED UNDER THE GRANT PROGRAM , THE16 UTILITY MAY COUNT MASS-BASED EMISSIONS REDUCTIONS ASSOCIATED17 WITH THE PROJECT TOWARD COMPLIANCE WITH THE REQUIREMENTS18 IMPOSED BY:19 (a) R ULES PROMULGATED UNDER SECTION 25-7-105 (1)(e)(X.7);20 (b) S ECTION 40-3.2-108 (3)(b); OR21 (c) A NY SIMILAR GREENHOUSE GAS EMISSION REDUCTION22 PROGRAM OR REQUIREMENT IMPOSED BY RULE OR STATUTE .23 SECTION 2. In Colorado Revised Statutes, 24-75-402, add24 (5)(vv) as follows:25 24-75-402. Cash funds - limit on uncommitted reserves -26 reduction in the amount of fees - exclusions - definitions.27 1381 -12- (5) Notwithstanding any provision of this section to the contrary, the1 following cash funds are excluded from the limitations specified in this2 section:3 (vv) T HE GEOTHERMAL ENERGY GRANT FUND CREATED IN SECTION4 24-38.5-113 (7).5 SECTION 3. Act subject to petition - effective date. This act6 takes effect at 12:01 a.m. on the day following the expiration of the7 ninety-day period after final adjournment of the general assembly; except8 that, if a referendum petition is filed pursuant to section 1 (3) of article V9 of the state constitution against this act or an item, section, or part of this10 act within such period, then the act, item, section, or part will not take11 effect unless approved by the people at the general election to be held in12 November 2022 and, in such case, will take effect on the date of the13 official declaration of the vote thereon by the governor.14 1381 -13-