Colorado 2022 Regular Session

Colorado Senate Bill SB118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0346.01 Ed DeCecco x4216
1	8		SENATE BILL 22-118
2		-	BY SENATOR(S) Woodward and Hinrichsen, Hisey, Lundeen, Priola,
3		-	Rankin, Scott, Sonnenberg, Buckner, Cooke, Coram, Kolker, Lee, Moreno,
4		-	Pettersen, Smallwood, Story, Fenberg;
5		-	also REPRESENTATIVE(S) Holtorf and Valdez D., Lynch, McKean,
6		-	Pelton, Pico, Rich, Van Beber, Van Winkle, Will, Amabile, Bernett, Bird,
7		-	Boesenecker, Carver, Exum, Kipp, Lindsay, McCormick, McLachlan,
8		-	Ricks, Roberts, Soper, Titone, Valdez A., Young.
	9	+	Senate Committees House Committees
	10	+	State, Veterans, & Military Affairs Energy & Environment
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
9	14		C
10		-	ONCERNING THE ENCOURAGEMENT OF THE USE OF GEOTHERMAL ENERGY
11		-	BY PROVIDING SIMILAR TREATMENT TO SOLAR ENERGY
12		-	, AND, IN
13		-	CONNECTION THEREWITH
14		-	, MAKING AN APPROPRIATION.
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 24-38.5-102, add (1)(v)
17		-	and (4) as follows:
18		-	24-38.5-102. Colorado energy office - duties and powers -
19		-	definitions. (1) The Colorado energy office shall:
	15	+	ONCERNING THE ENCOURAGEMENT OF THE USE OF GEOTHERMAL101
	16	+	ENERGY BY PROVIDING SIMILAR TREATMENT TO SOLAR ENERGY ,
	17	+	102
	18	+	AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	19	+	Bill Summary
	20	+	(Note: This summary applies to this bill as introduced and does
	21	+	not reflect any amendments that may be subsequently adopted. If this bill
	22	+	passes third reading in the house of introduction, a bill summary that
	23	+	applies to the reengrossed version of this bill will be available at
	24	+	http://leg.colorado.gov
	25	+	.)
	26	+	The bill modifies the following statutory provisions that apply to
	27	+	solar energy so that they also apply to geothermal energy, which generally
	28	+	is using the heat of the earth to generate electricity or to heat or cool
	29	+	space or water:
	30	+	! Section 1 of the bill requires the Colorado energy office
	31	+	HOUSE
	32	+	3rd Reading Unamended
	33	+	May 10, 2022
	34	+	HOUSE
	35	+	Amended 2nd Reading
	36	+	May 4, 2022
	37	+	SENATE
	38	+	3rd Reading Unamended
	39	+	April 4, 2022
	40	+	SENATE
	41	+	Amended 2nd Reading
	42	+	April 1, 2022
	43	+	SENATE SPONSORSHIP
	44	+	Woodward and Hinrichsen, Hisey, Lundeen, Priola, Rankin, Scott, Sonnenberg,
	45	+	Buckner, Cooke, Fenberg, Kolker, Lee, Moreno, Pettersen, Smallwood, Story
	46	+	HOUSE SPONSORSHIP
	47	+	Holtorf and Valdez D., Lynch, McKean, Pelton, Pico, Rich, Van Beber, Van Winkle,
	48	+	Will, Amabile, Bernett, Bird, Boesenecker, Carver, Exum, Kipp, Lindsay, McCormick,
	49	+	McLachlan, Ricks, Roberts, Soper, Titone, Valdez A., Young
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	52	+	Dashes through the words indicate deletions from existing statute. (office) to develop basic consumer education and guidance
	53	+	about leased or purchased geothermal installation, in
	54	+	consultation with industries that offer these options to
	55	+	consumers;
	56	+	! Sections 2, 6, and 8 limit the aggregate of all charges or
	57	+	other related or associated fees the state, a county, or a
	58	+	municipality may impose or assess to install a geothermal
	59	+	energy system;
	60	+	! Section 3 specifies that geothermal equipment is a type of
	61	+	pollution control equipment that the division of
	62	+	administration in the department of public health and
	63	+	environment may certify as pollution control equipment;
	64	+	! Section 4 specifies that a "project" for purposes of the
	65	+	"County and Municipality Development Revenue Bond
	66	+	Act" includes capital improvements to existing
	67	+	single-family residential, multi-family residential,
	68	+	commercial, or industrial structures, to retrofit such
	69	+	structures for installation of geothermal improvements;
	70	+	! Section 5 permits a county board of commissioners or a
	71	+	regional planning commission, and section 9 requires a
	72	+	municipal development commission, to include methods
	73	+	for assuring access to appropriate conditions for
	74	+	geothermal energy sources in a master plan for
	75	+	development;
	76	+	! Section 7 specifies that the addition of a geothermal energy
	77	+	device to a building is not necessarily considered a
	78	+	structural alteration for purposes of continuing a
	79	+	nonconforming use of a building, structure, or land under
	80	+	a county zoning resolution;
	81	+	! Section 10 permits the Colorado agricultural value-added
	82	+	development board to use some of the money in the
	83	+	agriculture value-added cash fund for geothermal energy
	84	+	generation facilities that are colocated with agricultural
	85	+	uses;
	86	+	! Section 11 adds a geothermal energy device to the types of
	87	+	renewable energy generation devices that cannot be
	88	+	prohibited in legal instruments related to the transfer or sale
	89	+	of, or interest in, real property;
	90	+	! Section 13 includes an independently owned geothermal
	91	+	energy system, which is defined in section 12, in the
	92	+	property tax exemption for household furnishings;
	93	+	! Section 14 creates community geothermal gardens, which
	94	+	are analogous to community solar gardens; and
	95	+	! Sections 15 and 16 create conforming amendments to the
	96	+	definition of "qualified community location" to incorporate
	97	+	118
	98	+	-2- community geothermal gardens for purposes of local
	99	+	improvement districts and municipal special improvement
	100	+	districts.
	101	+	Section 1 requires the office to update the greenhouse gas
	102	+	pollution reduction roadmap to expressly include geothermal energy as
	103	+	a renewable energy resource that qualifying retail utilities may use to
	104	+	achieve the electric utility sector greenhouse gas pollution reduction goals
	105	+	set forth in the roadmap.
	106	+	Be it enacted by the General Assembly of the State of Colorado:1
	107	+	SECTION 1. In Colorado Revised Statutes, 24-38.5-102, add
	108	+	2
	109	+	(1)(v) and (4) as follows:3
	110	+	24-38.5-102. Colorado energy office - duties and powers -4
	111	+	definitions. (1) The Colorado energy office shall:5
20	112		(v) I
21		-	N CONSULTATION WITH THE APPROPRIATE INDUSTRIES , DEVELOP
22		-	BASIC CONSUMER EDUCATION OR GUIDANCE ABOUT PURCHASED OR
23		-	, IF
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. AVAILABLE, LEASED INSTALLATION OF A SYSTEM THAT USES GEOTHERMAL
32		-	ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING IN A SINGLE
33		-	BUILDING OR FOR SPACE HEATING FOR MORE THAN ONE BUILDING THROUGH
34		-	A PIPELINE NETWORK
35		-	.
	113	+	N CONSULTATION WITH THE APPROPRIATE INDUSTRIES ,
	114	+	6
	115	+	DEVELOP BASIC CONSUMER EDUCAT ION OR GUIDANCE ABOUT PURCHASED7
	116	+	OR, IF AVAILABLE, LEASED INSTALLATION OF A SYSTEM THAT USES8
	117	+	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR9
	118	+	COOLING IN A SINGLE BUILDING OR FOR SPACE HEATING FOR MORE THAN10
	119	+	ONE BUILDING THROUGH A PIPELINE NETWORK .11
36	120		(4) T
37		-	HE COLORADO ENERGY OFFICE MAY UPDATE THE GREENHOUSE
38		-	GAS POLLUTION REDUCTION ROADMAP
39		-	, PUBLISHED BY THE OFFICE AND
40		-	DATED
41		-	JANUARY 14, 2021, OR AS AMENDED THEREAFTER , TO EXPRESSLY
42		-	INCLUDE GEOTHERMAL ENERGY AS A RENEWABLE ENERGY RESOURCE THAT
43		-	QUALIFYING RETAIL UTILITIES MAY USE TO ACHIEVE THE ELECTRIC UTILITY
44		-	SECTOR GREENHOUSE GAS POLLUTION REDUCTION GOALS SET FORTH IN THE
45		-	GREENHOUSE GAS POLLUTION REDUCTION ROADMAP
46		-	.
47		-	SECTION 2. In Colorado Revised Statutes, 24-48.5-113, amend
48		-	(1)(a) introductory portion and (1)(e) as follows:
49		-	24-48.5-113. Limit on fees - active solar energy systems -
50		-	geothermal systems - definitions - repeal. (1) (a) Except as otherwise
51		-	provided in this section, the aggregate of all charges or other related or
52		-	associated fees the state or any agency, institution, authority, or political
53		-	subdivision of the state may impose or assess to install an active solar
	121	+	HE COLORADO ENERGY OFFICE MAY
	122	+	UPDATE THE12
	123	+	GREENHOUSE GAS POLLUTION REDUCTION ROADMAP , PUBLISHED BY THE13
	124	+	OFFICE AND DATED JANUARY 14, 2021, OR AS AMENDED THEREAFTER, TO14
	125	+	EXPRESSLY INCLUDE GEOTHERMAL ENERGY AS A RENEWABLE ENERGY15
	126	+	RESOURCE THAT QUALIFYING RETAIL UTILITIES MAY USE TO ACHIEVE THE16
	127	+	ELECTRIC UTILITY SECTOR GREENHOUSE GAS POLLUTION REDUCTION17
	128	+	GOALS SET FORTH IN THE GREENHOUSE GAS POLLUTION REDUCTION18
	129	+	ROADMAP.19
	130	+	SECTION 2. In Colorado Revised Statutes, 24-48.5-113, amend20
	131	+	(1)(a) introductory portion and (1)(e) as follows:21
	132	+	118-3- 24-48.5-113. Limit on fees - active solar energy systems -1
	133	+	geothermal systems - definitions - repeal. (1) (a) Except as otherwise2
	134	+	provided in this section, the aggregate of all charges or other related or3
	135	+	associated fees the state or any agency, institution, authority, or political4
	136	+	subdivision of the state may impose or assess to install an active solar5
54	137		energy system
55		-	OR A GEOTHERMAL ENERGY SYSTEM shall not exceed:
56		-	(e) As used in this subsection (1):
57		-	(I) "Active solar energy system" means a single system ~~that contains~~
58		-	electric generation, a thermal device, or is an energy ~~storage system as~~
59		-	defined in section 40-2-202 (2).
	138	+	OR A GEOTHERMAL ENERGY SYSTEM shall not exceed:6
	139	+	(e) As used in this subsection (1):7
	140	+	(I) "Active solar energy system" means a single system that8
	141	+	contains electric generation, a thermal device, or is an energy storage9
	142	+	system as defined in section 40-2-202 (2).10
60	143		(II) "G
61	144		EOTHERMAL ENERGY SYSTEM " MEANS A SYSTEM THAT USES
62		-	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING
63		-	IN A SINGLE BUILDING
64		-	, FOR SPACE HEATING FOR MORE THAN ONE BUILDING
65		-	THROUGH A PIPELINE NETWORK
66		-	, OR FOR ELECTRICITY GENERATION.
67		-	SECTION 3. In Colorado Revised Statutes, 25-6.5-201, amend (2)
68		-	as follows:
69		-	25-6.5-201. Definitions. As used in this part 2, unless the context
70		-	otherwise requires:
71		-	PAGE 2-SENATE BILL 22-118 (2) "Pollution control equipment" means any personal property,
72		-	including, but not limited to, equipment, machinery, devices, systems,
73		-	buildings, or structures, that is installed, constructed, or used in or as a part
74		-	of a facility that creates a product in a manner that generates less pollution
75		-	by the utilization of an alternative manufacturing or generating technology.
76		-	"Pollution control equipment" includes, but is not limited to, gas or wind
77		-	turbines and associated compressors or equipment; or
78		-	solar, thermal, or
79		-	photovoltaic equipment;
80		-	OR EQUIPMENT USED AS PART OF A SYSTEM THAT
81		-	USES GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR
82		-	COOLING IN A SINGLE BUILDING
83		-	, FOR SPACE HEATING FOR MORE THAN ONE
84		-	BUILDING THROUGH A PIPELINE NETWORK
85		-	, OR FOR ELECTRICITY
86		-	GENERATION
87		-	.
88		-	SECTION 4. In Colorado Revised Statutes, 29-3-103, amend the
89		-	introductory portion and (10)(m) as follows:
90		-	29-3-103. Definitions. As used in this article
91		-	ARTICLE 3, unless the
92		-	context otherwise requires:
93		-	(10) "Project" means any land, building, or other improvement and
94		-	all real or personal properties, and any undivided or other interest in any of
95		-	the foregoing, except inventories and raw materials, whether or not in
96		-	existence, suitable or used for or in connection with any of the following:
97		-	(m) Capital improvements to existing single-family residential,
98		-	multi-family residential, commercial, or industrial structures, to retrofit such
99		-	structures for significant energy savings or installation of solar or other
100		-	alternative electrical energy-producing improvements to serve that structure
101		-	or other structures on contiguous property under common ownership
102		-	OR
103		-	INSTALLATION OF A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER
104		-	HEATING OR SPACE HEATING OR COOLING IN A SINGLE STRUCTURE
105		-	.
106		-	SECTION 5. In Colorado Revised Statutes, 30-28-106, amend
107		-	(3)(a)(VI) as follows:
108		-	30-28-106. Adoption of master plan - contents. (3) (a) The master
109		-	plan of a county or region, with the accompanying maps, plats, charts, and
110		-	descriptive and explanatory matter, must show the county or regional
111		-	planning commission's recommendations for the development of the
112		-	territory covered by the plan. The master plan of a county or region is an
113		-	PAGE 3-SENATE BILL 22-118 advisory document to guide land development decisions; however, the plan
114		-	or any part thereof may be made binding by inclusion in the county's or
115		-	region's adopted subdivision, zoning, platting, planned unit development,
116		-	or other similar land development regulations after satisfying notice, due
117		-	process, and hearing requirements for legislative or quasi-judicial processes
118		-	as appropriate. After consideration of each of the following, where
119		-	applicable or appropriate, the master plan may include:
120		-	(VI) Methods for assuring access to appropriate conditions for solar,
121		-	wind, or other alternative energy sources,
122		-	INCLUDING GEOTHERMAL ENERGY
123		-	USED FOR WATER HEATING OR SPACE HEATING OR COOLING IN A SINGLE
124		-	BUILDING
125		-	, FOR SPACE HEATING FOR MORE THAN ONE BUILDING THROUGH A
126		-	PIPELINE NETWORK
127		-	, OR FOR ELECTRICITY GENERATION.
128		-	SECTION 6. In Colorado Revised Statutes, 30-28-113, amend
129		-	(1)(b)(II)(A) and (1)(b)(II)(C) as follows:
130		-	30-28-113. Regulation of size and use - districts - definitions -
131		-	repeal. (1) (b) (II) (A) Except as otherwise provided in this section, the
132		-	aggregate of all charges or other related or associated fees a county shall
	145	+	11
	146	+	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR12
	147	+	COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE13
	148	+	BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY14
	149	+	GENERATION.15
	150	+	SECTION 3. In Colorado Revised Statutes, 25-6.5-201, amend16
	151	+	(2) as follows:17
	152	+	25-6.5-201. Definitions. As used in this part 2, unless the context18
	153	+	otherwise requires:19
	154	+	(2) "Pollution control equipment" means any personal property,20
	155	+	including, but not limited to, equipment, machinery, devices, systems,21
	156	+	buildings, or structures, that is installed, constructed, or used in or as a22
	157	+	part of a facility that creates a product in a manner that generates less23
	158	+	pollution by the utilization of an alternative manufacturing or generating24
	159	+	technology. "Pollution control equipment" includes, but is not limited to,25
	160	+	gas or wind turbines and associated compressors or equipment; or solar,26
	161	+	thermal, or photovoltaic equipment;
	162	+
	163	+	OR EQUIPMENT USED AS PART27
	164	+	118
	165	+	-4- OF A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER HEATING OR1
	166	+	SPACE HEATING OR COOLING IN A SINGLE BUILDING , FOR SPACE HEATING2
	167	+	FOR MORE THAN ONE BUILDING THROUGH A PIPELINE NETWORK , OR FOR3
	168	+	ELECTRICITY GENERATION.4
	169	+	SECTION 4. In Colorado Revised Statutes, 29-3-103, amend the5
	170	+	introductory portion and (10)(m) as follows:6
	171	+	29-3-103. Definitions. As used in this article ARTICLE 3, unless7
	172	+	the context otherwise requires:8
	173	+	(10) "Project" means any land, building, or other improvement9
	174	+	and all real or personal properties, and any undivided or other interest in10
	175	+	any of the foregoing, except inventories and raw materials, whether or not11
	176	+	in existence, suitable or used for or in connection with any of the12
	177	+	following:13
	178	+	(m) Capital improvements to existing single-family residential,14
	179	+	multi-family residential, commercial, or industrial structures, to retrofit15
	180	+	such structures for significant energy savings or installation of solar or16
	181	+	other alternative electrical energy-producing improvements to serve that17
	182	+	structure or other structures on contiguous property under common18
	183	+	ownership
	184	+	OR INSTALLATION OF A SYSTEM THAT USES GEOTHERMAL
	185	+	19
	186	+	ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING IN A SINGLE20
	187	+	STRUCTURE.21
	188	+	SECTION 5. In Colorado Revised Statutes, 30-28-106, amend22
	189	+	(3)(a)(VI) as follows:23
	190	+	30-28-106. Adoption of master plan - contents. (3) (a) The24
	191	+	master plan of a county or region, with the accompanying maps, plats,25
	192	+	charts, and descriptive and explanatory matter, must show the county or26
	193	+	regional planning commission's recommendations for the development of27
	194	+	118
	195	+	-5- the territory covered by the plan. The master plan of a county or region is1
	196	+	an advisory document to guide land development decisions; however, the2
	197	+	plan or any part thereof may be made binding by inclusion in the county's3
	198	+	or region's adopted subdivision, zoning, platting, planned unit4
	199	+	development, or other similar land development regulations after5
	200	+	satisfying notice, due process, and hearing requirements for legislative or6
	201	+	quasi-judicial processes as appropriate. After consideration of each of the7
	202	+	following, where applicable or appropriate, the master plan may include:8
	203	+	(VI) Methods for assuring access to appropriate conditions for9
	204	+	solar, wind, or other alternative energy sources, INCLUDING10
	205	+	GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE HEATING OR11
	206	+	COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE12
	207	+	BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY13
	208	+	GENERATION.14
	209	+	SECTION 6. In Colorado Revised Statutes, 30-28-113, amend15
	210	+	(1)(b)(II)(A) and (1)(b)(II)(C) as follows:16
	211	+	30-28-113. Regulation of size and use - districts - definitions -17
	212	+	repeal. (1) (b) (II) (A) Except as otherwise provided in this section, the18
	213	+	aggregate of all charges or other related or associated fees a county shall19
133	214		impose or assess to install an active solar energy system
134		-	OR ~~GEOTHERMAL~~
135		-	ENERGY SYSTEM
136		-	~~, shall not exceed~~ the ~~lesser of the county's actual costs in~~
137		-	~~issuing the permit~~ or ~~five hundred~~ dollars for a ~~residential~~ application ~~or one~~
138		-	~~thousand dollars for a nonresidential application if the device or system~~
139		-	~~produces fewer than two megawatts of direct current electricity~~ or an
140		-	~~equivalent-sized thermal energy system,~~ or ~~that exceed the county's actual~~
141		-	~~costs in issuing the permit if the device~~ or ~~system produces at least two~~
142		-	~~megawatts of direct current electricity or an equivalent-sized thermal energy~~
143		-	system. A county may increase its fees or other charges ~~as authorized by~~
144		-	this subsection (1)(b)(II) by no more than five percent ~~on an annual basis~~
145		-	until the five hundred dollar limitation specified in ~~this subsection (1)(b)(II)~~
146		-	is achieved. The county shall clearly and ~~individually identify all fees and~~
147		-	taxes assessed on an application subject to ~~this subsection (1)(b)(II) on the~~
148		-	invoice. The general assembly hereby ~~finds that there is a statewide need for~~
149		-	certainty regarding the fees that can ~~be assessed for permitting such devices~~
150		-	or systems, and therefore ~~declares that this subsection (1)(b)(II) is a matter~~
151		-	~~of statewide concern.~~ This subsection (1)(b)(II) is ~~repealed, effective~~
152		-	December 31, 2029.
153		-	(C) As used in this subsection (1)(b)(II), "active solar ~~energy~~
154		-	~~PAGE 4-SENATE BILL 22-118~~ system" means a single system that contains electric generation, a ~~thermal~~
155		-	device, or is an energy storage system as defined in section 40-2-202 (2),
	215	+	OR GEOTHERMAL20
	216	+	ENERGY SYSTEM, shall not exceed the lesser of the county's actual costs21
	217	+	in issuing the permit or five hundred dollars for a residential application22
	218	+	or one thousand dollars for a nonresidential application if the device or23
	219	+	system produces fewer than two megawatts of direct current electricity or24
	220	+	an equivalent-sized thermal energy system, or that exceed the county's25
	221	+	actual costs in issuing the permit if the device or system produces at least26
	222	+	two megawatts of direct current electricity or an equivalent-sized thermal27
	223	+	118
	224	+	-6- energy system. A county may increase its fees or other charges as1
	225	+	authorized by this subsection (1)(b)(II) by no more than five percent on2
	226	+	an annual basis until the five hundred dollar limitation specified in this3
	227	+	subsection (1)(b)(II) is achieved. The county shall clearly and individually4
	228	+	identify all fees and taxes assessed on an application subject to this5
	229	+	subsection (1)(b)(II) on the invoice. The general assembly hereby finds6
	230	+	that there is a statewide need for certainty regarding the fees that can be7
	231	+	assessed for permitting such devices or systems, and therefore declares8
	232	+	that this subsection (1)(b)(II) is a matter of statewide concern. This9
	233	+	subsection (1)(b)(II) is repealed, effective December 31, 2029.10
	234	+	(C) As used in this subsection (1)(b)(II), "active solar energy11
	235	+	system" means a single system that contains electric generation, a thermal12
	236	+	device, or is an energy storage system as defined in section 40-2-202 (2),13
156	237		AND "GEOTHERMAL ENERGY SYSTEM " MEANS A SYSTEM THAT USES
157		-	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING
158		-	IN A SINGLE BUILDING
159		-	, FOR SPACE HEATING FOR MORE THAN ONE BUILDING
160		-	THROUGH A PIPELINE NETWORK
161		-	, OR FOR ELECTRICITY GENERATION.
162		-	SECTION 7. In Colorado Revised Statutes, 30-28-120, amend (1)
163		-	as follows:
164		-	30-28-120. Existing structures - county property. (1) The lawful
165		-	use of a building or structure or the lawful use of any land, as existing and
166		-	lawful at the time of the adoption of a zoning resolution or, in the case of
167		-	an amendment of a resolution, at the time of such amendment, may be
168		-	continued, although such use does not conform with the provisions of such
169		-	resolution or amendment, and such use may be extended throughout the
170		-	same building if no structural alteration of such building is proposed or
171		-	made for the purpose of such extension. The addition of a solar energy
172		-	device
173		-	OR A DEVICE USED AS PART OF A SYSTEM THAT USES GEOTHERMAL
174		-	ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING
175		-	to such
176		-	building shall not necessarily be considered a structural alteration. The
177		-	board of county commissioners may provide in any zoning resolution for
178		-	the restoration, reconstruction, extension, or substitution of nonconforming
179		-	uses upon such terms and conditions as may be set forth in the zoning
180		-	resolution.
181		-	SECTION 8. In Colorado Revised Statutes, 31-15-602, amend
182		-	(4)(b)(I)(A) and (4)(b)(I)(C) as follows:
183		-	31-15-602. Energy efficient building codes - legislative
184		-	declaration - definitions - repeal. (4) (b) (I) (A) Except as otherwise
185		-	provided in this section, the aggregate of all charges or other related or
186		-	associated fees a municipality shall impose or assess to install an active
	238	+	14
	239	+	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR15
	240	+	COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE16
	241	+	BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY17
	242	+	GENERATION.18
	243	+	SECTION 7. In Colorado Revised Statutes, 38-20-120, amend19
	244	+	(1) as follows:20
	245	+	30-28-120. Existing structures - county property. (1) The21
	246	+	lawful use of a building or structure or the lawful use of any land, as22
	247	+	existing and lawful at the time of the adoption of a zoning resolution or,23
	248	+	in the case of an amendment of a resolution, at the time of such24
	249	+	amendment, may be continued, although such use does not conform with25
	250	+	the provisions of such resolution or amendment, and such use may be26
	251	+	extended throughout the same building if no structural alteration of such27
	252	+	118
	253	+	-7- building is proposed or made for the purpose of such extension. The1
	254	+	addition of a solar energy device
	255	+	OR A DEVICE USED AS PART OF A SYSTEM
	256	+	2
	257	+	THAT USES GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING3
	258	+	OR COOLING to such building shall not necessarily be considered a4
	259	+	structural alteration. The board of county commissioners may provide in5
	260	+	any zoning resolution for the restoration, reconstruction, extension, or6
	261	+	substitution of nonconforming uses upon such terms and conditions as7
	262	+	may be set forth in the zoning resolution.8
	263	+	SECTION 8. In Colorado Revised Statutes, 31-15-602, amend9
	264	+	(4)(b)(I)(A) and (4)(b)(I)(C) as follows:10
	265	+	31-15-602. Energy efficient building codes - legislative11
	266	+	declaration - definitions - repeal. (4) (b) (I) (A) Except as otherwise12
	267	+	provided in this section, the aggregate of all charges or other related or13
	268	+	associated fees a municipality shall impose or assess to install an active14
187	269		solar electric or solar thermal device or system
188		-	OR A GEOTHERMAL ENERGY
189		-	SYSTEM
190		-	shall not exceed the lesser of the municipality's actual costs in
191		-	issuing the permit or five hundred dollars for a residential application or one
192		-	thousand dollars for a nonresidential application if the device or system
193		-	produces fewer than two megawatts of direct current electricity or an
194		-	equivalent-sized thermal energy system, or that exceed the municipality's
195		-	actual costs in issuing the permit if the device or system produces at least
196		-	PAGE 5-SENATE BILL 22-118 two megawatts of direct current electricity or an equivalent-sized thermal
197		-	energy system. A municipality may increase its fees or other charges as
198		-	authorized by this subsection (4)(b)(I) by no more than five percent on an
199		-	annual basis until the five hundred dollar limitation specified in this
200		-	subsection (4)(b)(I) is achieved. The municipality shall clearly and
201		-	individually identify all fees and taxes assessed on an application subject to
202		-	this subsection (4)(b)(I) on the invoice. The general assembly hereby finds
203		-	that there is a statewide need for certainty regarding the fees that can be
204		-	assessed for permitting such devices or systems, and therefore declares that
205		-	this subsection (4)(b) is a matter of statewide concern.
206		-	(C) As used in this subsection (4)(b)(I), "active solar energy system"
207		-	means a single system that contains electric generation, a thermal device,
208		-	or is an energy storage system as defined in section 40-2-202 (2),
209		-	AND
210		-	"GEOTHERMAL ENERGY SYSTEM " MEANS A SYSTEM THAT USES GEOTHERMAL
211		-	ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING IN A SINGLE
212		-	BUILDING
213		-	, FOR SPACE HEATING FOR MORE THAN ONE BUILDING THROUGH A
214		-	PIPELINE NETWORK
215		-	, OR FOR ELECTRICITY GENERATION.
216		-	SECTION 9. In Colorado Revised Statutes, 31-23-206, amend
217		-	(1)(f) as follows:
218		-	31-23-206. Master plan. (1) It is the duty of the commission to
219		-	make and adopt a master plan for the physical development of the
220		-	municipality, including any areas outside its boundaries, subject to the
221		-	approval of the governmental body having jurisdiction thereof, that in the
222		-	commission's judgment bear relation to the planning of the municipality.
223		-	The master plan of a municipality is an advisory document to guide land
224		-	development decisions; however, the plan or any part thereof may be made
225		-	binding by inclusion in the municipality's adopted subdivision, zoning,
226		-	platting, planned unit development, or other similar land development
227		-	regulations after satisfying notice, due process, and hearing requirements
228		-	for legislative or quasi-judicial processes as appropriate. When a
229		-	commission decides to adopt a master plan, the commission shall conduct
230		-	public hearings, after notice of such public hearings has been published in
231		-	a newspaper of general circulation in the municipality in a manner sufficient
232		-	to notify the public of the time, place, and nature of the public hearing, prior
233		-	to final adoption of a master plan in order to encourage public participation
234		-	in and awareness of the development of such plan and shall accept and
235		-	consider oral and written public comments throughout the process of
236		-	PAGE 6-SENATE BILL 22-118 developing the plan. The plan, with the accompanying maps, plats, charts,
237		-	and descriptive matter, must, after consideration of each of the following,
238		-	where applicable or appropriate, show the commission's recommendations
239		-	for the development of the municipality and outlying areas, including:
240		-	(f) A zoning plan for the control of the height, area, bulk, location,
241		-	and use of buildings and premises. Such a zoning plan may protect and
242		-	assure access to appropriate conditions for solar, wind, or other alternative
	270	+	OR A GEOTHERMAL15
	271	+	ENERGY SYSTEM shall not exceed the lesser of the municipality's actual16
	272	+	costs in issuing the permit or five hundred dollars for a residential17
	273	+	application or one thousand dollars for a nonresidential application if the18
	274	+	device or system produces fewer than two megawatts of direct current19
	275	+	electricity or an equivalent-sized thermal energy system, or that exceed20
	276	+	the municipality's actual costs in issuing the permit if the device or system21
	277	+	produces at least two megawatts of direct current electricity or an22
	278	+	equivalent-sized thermal energy system. A municipality may increase its23
	279	+	fees or other charges as authorized by this subsection (4)(b)(I) by no more24
	280	+	than five percent on an annual basis until the five hundred dollar25
	281	+	limitation specified in this subsection (4)(b)(I) is achieved. The26
	282	+	municipality shall clearly and individually identify all fees and taxes27
	283	+	118
	284	+	-8- assessed on an application subject to this subsection (4)(b)(I) on the1
	285	+	invoice. The general assembly hereby finds that there is a statewide need2
	286	+	for certainty regarding the fees that can be assessed for permitting such3
	287	+	devices or systems, and therefore declares that this subsection (4)(b) is a4
	288	+	matter of statewide concern.5
	289	+	(C) As used in this subsection (4)(b)(I), "active solar energy6
	290	+	system" means a single system that contains electric generation, a thermal7
	291	+	device, or is an energy storage system as defined in section 40-2-202 (2),8
	292	+	AND "GEOTHERMAL ENERGY SYSTEM " MEANS A SYSTEM THAT USES
	293	+	9
	294	+	GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR10
	295	+	COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE11
	296	+	BUILDING THROUGH A PIPELINE NETWORK , OR FOR ELECTRICITY12
	297	+	GENERATION.13
	298	+	SECTION 9. In Colorado Revised Statutes, 31-23-206, amend14
	299	+	(1)(f) as follows:15
	300	+	31-23-206. Master plan. (1) It is the duty of the commission to16
	301	+	make and adopt a master plan for the physical development of the17
	302	+	municipality, including any areas outside its boundaries, subject to the18
	303	+	approval of the governmental body having jurisdiction thereof, that in the19
	304	+	commission's judgment bear relation to the planning of the municipality.20
	305	+	The master plan of a municipality is an advisory document to guide land21
	306	+	development decisions; however, the plan or any part thereof may be22
	307	+	made binding by inclusion in the municipality's adopted subdivision,23
	308	+	zoning, platting, planned unit development, or other similar land24
	309	+	development regulations after satisfying notice, due process, and hearing25
	310	+	requirements for legislative or quasi-judicial processes as appropriate.26
	311	+	When a commission decides to adopt a master plan, the commission shall27
	312	+	118
	313	+	-9- conduct public hearings, after notice of such public hearings has been1
	314	+	published in a newspaper of general circulation in the municipality in a2
	315	+	manner sufficient to notify the public of the time, place, and nature of the3
	316	+	public hearing, prior to final adoption of a master plan in order to4
	317	+	encourage public participation in and awareness of the development of5
	318	+	such plan and shall accept and consider oral and written public comments6
	319	+	throughout the process of developing the plan. The plan, with the7
	320	+	accompanying maps, plats, charts, and descriptive matter, must, after8
	321	+	consideration of each of the following, where applicable or appropriate,9
	322	+	show the commission's recommendations for the development of the10
	323	+	municipality and outlying areas, including:11
	324	+	(f) A zoning plan for the control of the height, area, bulk, location,12
	325	+	and use of buildings and premises. Such a zoning plan may protect and13
	326	+	assure access to appropriate conditions for solar, wind, or other alternate14
243	327		energy sources,
244	328		INCLUDING GEOTHERMAL ENERGY USED FOR WATER
245		-	HEATING OR SPACE HEATING OR COOLING IN A SINGLE BUILDING
246		-	, FOR SPACE
247		-	HEATING FOR MORE THAN ONE BUILDING THROUGH A PIPELINE NETWORK
248		-	, OR
249		-	FOR ELECTRICITY GENERATION
250		-	; however, regulations and restrictions of the
251		-	height, number of stories, size of buildings and other structures, and the
252		-	height and location of trees and other vegetation shall not apply to existing
253		-	buildings, structures, trees, or vegetation except for new growth on such
254		-	vegetation.
255		-	SECTION 10. In Colorado Revised Statutes, 38-30-168, amend
256		-	(1)(b) as follows:
257		-	38-30-168. Unreasonable restrictions on renewable energy
258		-	generation devices - definitions. (1) (b) As used in this section,
259		-	"renewable energy generation device" means: either:
260		-	(I) A solar energy device, as defined in section 38-32.5-100.3; or
261		-	(II) A wind-electric generator that meets the interconnection
262		-	standards established in rules promulgated by the public utilities
263		-	commission pursuant to section 40-2-124; C.R.S.
264		-	OR
265		-	(III) A GEOTHERMAL ENERGY DEVICE .
266		-	SECTION 11. In Colorado Revised Statutes, add 40-2-127.5 as
267		-	follows:
268		-	40-2-127.5. Community energy funds - community geothermal
269		-	gardens - rules - legislative declaration - definitions - repeal.
	329	+	15
	330	+	HEATING OR SPACE HEATING OR COOLING IN A SINGLE BUILDING , FOR16
	331	+	SPACE HEATING FOR MORE THAN ONE BUILDING THROUGH A PIPELINE17
	332	+	NETWORK, OR FOR ELECTRICITY GENERATION; however, regulations and18
	333	+	restrictions of the height, number of stories, size of buildings and other19
	334	+	structures, and the height and location of trees and other vegetation shall20
	335	+	not apply to existing buildings, structures, trees, or vegetation except for21
	336	+	new growth on such vegetation.22
	337	+	23
	338	+	SECTION 10. In Colorado Revised Statutes, 38-30-168, amend24
	339	+	(1)(b) as follows:25
	340	+	38-30-168. Unreasonable restrictions on renewable energy26
	341	+	generation devices - definitions. (1) (b) As used in this section,27
	342	+	118
	343	+	-10- "renewable energy generation device" means: either:1
	344	+	(I) A solar energy device, as defined in section 38-32.5-100.3; or2
	345	+	(II) A wind-electric generator that meets the interconnection3
	346	+	standards established in rules promulgated by the public utilities4
	347	+	commission pursuant to section 40-2-124; C.R.S. OR5
	348	+	(III) A
	349	+	GEOTHERMAL ENERGY DEVICE .6
	350	+
	351	+	SECTION 11. In Colorado Revised Statutes, add7
	352	+	40-2-127.5 as follows:8
	353	+	40-2-127.5. Community energy funds - community geothermal9
	354	+	gardens - rules - legislative declaration - definitions - repeal.10
270	355		(1) Legislative declaration. T
271	356		HE GENERAL ASSEMBLY HEREBY FINDS AND
272		-	~~DECLARES THAT~~
273		-	:
274		-	~~PAGE 7-SENATE BILL 22-118~~ (a) ~~LOCAL COMMUNITIES CAN BENEFIT FROM THE FURTHER~~
275		-	~~DEVELOPMENT OF RENEWABLE ENERGY~~
276		-	~~, ENERGY EFFICIENCY ,~~
277		-	~~CONSERVATION, AND ENVIRONMENTAL IMPROVEMENT PROJECTS~~ , ~~AND THE~~
278		-	~~GENERAL ASSEMBLY HEREBY ENCOURAGES ELECTRIC UTILITIES TO~~
279		-	~~ESTABLISH COMMUNITY ENERGY FUNDS FOR THE DEVELOPMENT OF SUCH~~
280		-	~~PROJECTS~~
281		-	;
	357	+	11
	358	+	DECLARES THAT:12
	359	+	(a) L
	360	+	OCAL COMMUNITIES CAN BENEFIT FROM THE FURTHER
	361	+	13
	362	+	DEVELOPMENT OF RENEWABLE ENERGY , ENERGY EFFICIENCY ,14
	363	+	CONSERVATION, AND ENVIRONMENTAL IMPROVEMENT PROJECTS , AND THE15
	364	+	GENERAL ASSEMBLY HEREBY ENCOURAGES ELECTRIC UTILITIES TO16
	365	+	ESTABLISH COMMUNITY ENERGY FUNDS FOR THE DEVELOPMENT OF SUCH17
	366	+	PROJECTS;18
282	367		(b) I
283		-	T IS IN THE PUBLIC INTEREST THAT BROADER PARTICIPATION IN
284		-	GEOTHERMAL ELECTRIC GENERATION BY
285		-	COLORADO RESIDENTS AND
286		-	COMMERCIAL ENTITIES BE ENCOURAGED BY THE DEVELOPMENT AND
287		-	DEPLOYMENT OF DISTRIBUTED GEOTHERMAL ELECTRIC GENERATING
288		-	FACILITIES KNOWN AS COMMUNITY GEOTHERMAL GARDENS
289		-	, IN ORDER TO:
	368	+	T IS IN THE PUBLIC INTEREST THAT BROADER PARTICIPATION
	369	+	19
	370	+	IN GEOTHERMAL ELECTRIC GENERATION BY COLORADO RESIDENTS AND20
	371	+	COMMERCIAL ENTITIES BE ENCOURAGED BY THE DEVELOPMENT AND21
	372	+	DEPLOYMENT OF DISTRIBUTED GEOTHERMAL ELECTRIC GENERATING22
	373	+	FACILITIES KNOWN AS COMMUNITY GEOTHERMAL GARDENS , IN ORDER TO:23
290	374		(I) P
291		-	ROVIDE COLORADO RESIDENTS AND COMMERCIAL ENTITIES ~~WITH~~
292		-	~~THE OPPORTUNITY TO PARTICIPATE IN GEOTHERMAL ELECTRICITY~~
293		-	~~GENERATION~~
294		-	;
	375	+	ROVIDE COLORADO RESIDENTS AND COMMERCIAL ENTITIES
	376	+	24
	377	+	WITH THE OPPORTUNITY TO PARTICIPATE IN GEOTHERMAL ELECTRICITY25
	378	+	GENERATION;26
295	379		(II) A
296	380		LLOW RENTERS, LOW-INCOME UTILITY CUSTOMERS , AND
297		-	AGRICULTURAL PRODUCERS TO OWN INTERESTS IN SUCH GEOTHERMAL
298		-	GENERATION FACILITIES
299		-	;
	381	+	27
	382	+	118
	383	+	-11- AGRICULTURAL PRODUCERS TO OWN INTERESTS IN SUCH GEOTHERMAL1
	384	+	GENERATION FACILITIES;2
300	385		(III) A
301	386		LLOW INTERESTS IN SUCH GEOTHERMAL GENERATION
302		-	FACILITIES TO BE PORTABLE AND TRANSFERRABLE
303		-	; AND
304		-	(IV) LEVERAGE COLORADO'S GEOTHERMAL ELECTRICITY
305		-	GENERATING CAPACITY THROUGH ECONOMIES OF SCALE
306		-	.
	387	+	3
	388	+	FACILITIES TO BE PORTABLE AND TRANSFERRABLE ; AND4
	389	+	(IV) L
	390	+	EVERAGE COLORADO'S GEOTHERMAL ELECTRICITY
	391	+	5
	392	+	GENERATING CAPACITY THROUGH ECONOMIES OF SCALE .6
307	393		(2) Definitions. A
308	394		S USED IN THIS SECTION, UNLESS THE CONTEXT
309		-	~~OTHERWISE REQUIRES~~
310		-	, THE DEFINITIONS IN SECTION 40-2-124 APPLY, AND:
	395	+	7
	396	+	OTHERWISE REQUIRES, THE DEFINITIONS IN SECTION 40-2-124 APPLY, AND:8
311	397		(a) (I) "C
312		-	OMMUNITY GEOTHERMAL GARDEN " MEANS A GEOTHERMAL
313		-	FACILITY THAT PRODUCES ELECTRICITY FROM THE EARTH
314		-	'S HEAT WITH A
315		-	NAMEPLATE RATING WITHIN THE RANGE SPECIFIED UNDER SUBSECTION
316		-	(2)(b)(IV) OF THIS SECTION THAT IS LOCATED IN OR NEAR A COMMUNITY
317		-	SERVED BY A QUALIFYING RETAIL UTILITY WHERE THE BENEFICIAL USE OF
318		-	THE ELECTRICITY GENERATED BY THE FACILITY BELONGS TO THE
319		-	SUBSCRIBERS TO THE COMMUNITY GEOTHERMAL GARDEN
320		-	. THERE MUST BE
321		-	AT LEAST TEN SUBSCRIBERS
322		-	. THE OWNER OF THE COMMUNITY GEOTHERMAL
323		-	GARDEN MAY BE THE QUALIFYING RETAIL UTILITY OR ANY OTHER
324		-	FOR
325		-	-PROFIT OR NONPROFIT ENTITY OR ORGANIZATION , INCLUDING A
326		-	PAGE 8-SENATE BILL 22-118 SUBSCRIBER ORGANIZATION ORGANIZED UNDER THIS SECTION , THAT
327		-	CONTRACTS TO SELL THE OUTPUT FROM THE COMMUNITY GEOTHERMAL
328		-	GARDEN TO THE QUALIFYING RETAIL UTILITY
329		-	. A COMMUNITY GEOTHERMAL
330		-	GARDEN IS DEEMED TO BE
331		-	"LOCATED ON THE SITE OF CUSTOMER FACILITIES".
	398	+	OMMUNITY GEOTHERMAL GARDEN " MEANS A
	399	+	9
	400	+	GEOTHERMAL FACILITY THAT PRODUCES ELECTRICITY FROM THE EARTH 'S10
	401	+	HEAT WITH A NAMEPLATE RATING WITHIN THE RANGE SPECIFIED UNDER11
	402	+	SUBSECTION (2)(b)(IV) OF THIS SECTION THAT IS LOCATED IN OR NEAR A12
	403	+	COMMUNITY SERVED BY A QUALIFYING RETAIL UTILITY WHERE THE13
	404	+	BENEFICIAL USE OF THE ELECTRICITY GENERATED BY THE FACILITY14
	405	+	BELONGS TO THE SUBSCRIBERS TO THE COMMUNITY GEOTHERMAL15
	406	+	GARDEN. THERE MUST BE AT LEAST TEN SUBSCRIBERS. THE OWNER OF THE16
	407	+	COMMUNITY GEOTHERMAL GARDEN MAY BE THE QUALIFYING RETAIL17
	408	+	UTILITY OR ANY OTHER FOR -PROFIT OR NONPROFIT ENTITY OR18
	409	+	ORGANIZATION, INCLUDING A SUBSCRIBER ORGANIZATION ORGANIZED19
	410	+	UNDER THIS SECTION, THAT CONTRACTS TO SELL THE OUTPUT FROM THE20
	411	+	COMMUNITY GEOTHERMAL GARDEN TO THE QUALIFYING RETAIL UTILITY .21
	412	+	A
	413	+	COMMUNITY GEOTHERMAL GARDEN IS DEEMED TO BE "LOCATED ON THE
	414	+	22
	415	+	SITE OF CUSTOMER FACILITIES".23
332	416		(II) A
333	417		COMMUNITY GEOTHERMAL GARDEN CONSTITUTES "RETAIL
334		-	~~DISTRIBUTED GENERATION~~
335		-	" WITHIN THE MEANING OF SECTION 40-2-124.
	418	+	24
	419	+	DISTRIBUTED GENERATION" WITHIN THE MEANING OF SECTION 40-2-124.25
336	420		(III) N
337	421		OTWITHSTANDING ANY PROVISION OF THIS SECTION OR
338		-	SECTION
339		-	40-2-124 TO THE CONTRARY, A COMMUNITY GEOTHERMAL GARDEN
340		-	CONSTITUTES RETAIL DISTRIBUTED GENERATION FOR PURPOSES OF A
341		-	COOPERATIVE ELECTRIC ASSOCIATION
342		-	'S COMPLIANCE WITH THE APPLICABLE
343		-	RENEWABLE ENERGY STANDARD UNDER SECTION
344		-	40-2-124.
	422	+	26
	423	+	SECTION 40-2-124 TO THE CONTRARY , A COMMUNITY GEOTHERMAL27
	424	+	118
	425	+	-12- GARDEN CONSTITUTES RETAIL DISTRIBUTED GENERATION FOR PURPOSES1
	426	+	OF A COOPERATIVE ELECTRIC ASSOCIATION 'S COMPLIANCE WITH THE2
	427	+	APPLICABLE RENEWABLE ENERGY STANDARD UNDER SECTION 40-2-124.3
345	428		(IV) A
346	429		COMMUNITY GEOTHERMAL GARDEN MUST HAVE A
347		-	NAMEPLATE RATING OF FIVE MEGAWATTS OR LESS
348		-	; EXCEPT THAT THE
349		-	COMMISSION MAY
350		-	, IN RULES ADOPTED PURSUANT TO SUBSECTION (3)(b) OF
351		-	THIS SECTION
352		-	, APPROVE THE FORMATION OF A COMMUNITY GEOTHERMAL
353		-	GARDEN WITH A NAMEPLATE RATING OF UP TO TEN MEGAWATTS
354		-	.
	430	+	4
	431	+	NAMEPLATE RATING OF FIVE MEGAWATTS OR LESS ; EXCEPT THAT THE5
	432	+	COMMISSION MAY, IN RULES ADOPTED PURSUANT TO SUBSECTION (3)(b)6
	433	+	OF THIS SECTION, APPROVE THE FORMATION OF A COMMUNITY7
	434	+	GEOTHERMAL GARDEN WITH A NAMEPLATE RATING OF UP TO TEN8
	435	+	MEGAWATTS.9
355	436		(b) "S
356	437		UBSCRIBER" MEANS A RETAIL CUSTOMER OF A QUALIFYING
357		-	RETAIL UTILITY WHO OWNS A SUBSCRIPTION AND WHO HAS IDENTIFIED ONE
358		-	OR MORE PHYSICAL LOCATIONS TO WHICH THE SUBSCRIPTION IS ATTRIBUTED
359		-	.
360		-	S
361		-	UCH PHYSICAL LOCATIONS MUST BE WITHIN THE SERVICE TERRITORY OF
362		-	THE SAME QUALIFYING RETAIL UTILITY AS THE COMMUNITY GEOTHERMAL
363		-	GARDEN
364		-	. THE SUBSCRIBER MAY CHANGE FROM TIME TO TIME THE PREMISES
365		-	TO WHICH THE COMMUNITY GEOTHERMAL GARDEN ELECTRICITY
366		-	GENERATION IS ATTRIBUTED
367		-	, SO LONG AS THE PREMISES ARE WITHIN THE
368		-	SAME SERVICE TERRITORY
369		-	.
	438	+	10
	439	+	RETAIL UTILITY WHO OWNS A SUBSCRIPTION AND WHO HAS IDENTIFIED ONE11
	440	+	OR MORE PHYSICAL LOCATIONS TO WHICH THE SUBSCRIPTION IS12
	441	+	ATTRIBUTED. SUCH PHYSICAL LOCATIONS MUST BE WITHIN THE SERVICE13
	442	+	TERRITORY OF THE SAME QUALIFYING RETAIL UTILITY AS THE COMMUNITY14
	443	+	GEOTHERMAL GARDEN . THE SUBSCRIBER MAY CHANGE FROM TIME TO15
	444	+	TIME THE PREMISES TO WHICH THE COMMUNITY GEOTHERMAL GARDEN16
	445	+	ELECTRICITY GENERATION IS ATTRIBUTED , SO LONG AS THE PREMISES ARE17
	446	+	WITHIN THE SAME SERVICE TERRITORY .18
370	447		(c) "S
371	448		UBSCRIPTION" MEANS A PROPORTIONAL INTEREST IN
372		-	~~GEOTHERMAL ELECTRIC GENERATION FACILITIES INSTALLED AT A~~
373		-	~~COMMUNITY~~ GEOTHERMAL ~~GARDEN~~
374		-	, TOGETHER WITH THE ~~RENEWABLE~~
375		-	ENERGY CREDITS ASSOCIATED WITH OR ATTRIBUTABLE TO SUCH ~~FACILITIES~~
376		-	UNDER SECTION
377		-	~~40-2-124. EACH SUBSCRIPTION MUST BE SIZED TO~~
378		-	~~REPRESENT AT LEAST ONE KILOWATT OF THE COMMUNITY GEOTHERMAL~~
379		-	~~GARDEN~~
380		-	~~'S GENERATING CAPACITY AND~~ TO ~~SUPPLY NO MORE THAN ONE~~
381		-	~~HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF~~
382		-	~~ELECTRICITY BY EACH SUBSCRIBER AT~~ THE ~~PREMISES TO WHICH THE~~
383		-	~~SUBSCRIPTION IS ATTRIBUTED~~
384		-	~~, WITH A DEDUCTION FOR THE AMOUNT OF ANY~~
385		-	~~PAGE 9-SENATE BILL 22-118 EXISTING GEOTHERMAL FACILITIES AT SUCH PREMISES . SUBSCRIPTIONS~~ IN A
386		-	~~COMMUNITY GEOTHERMAL GARDEN MAY BE TRANSFERRED OR ASSIGNED TO~~
387		-	A SUBSCRIBER ORGANIZATION OR TO ~~ANY PERSON OR ENTITY WHO QUALIFIES~~
388		-	TO BE A SUBSCRIBER UNDER ~~THIS SECTION~~
389		-	.
390		-	(3) Subscriber organization - subscriber qualifications -
	449	+	19
	450	+	GEOTHERMAL ELECTRIC GENERATION FACILITIES INSTALLED AT A20
	451	+	COMMUNITY GEOTHERMAL GARDEN , TOGETHER WITH THE RENEWABLE21
	452	+	ENERGY CREDITS ASSOCIATED WITH OR ATTRIBUTABLE TO SUCH FACILITIES22
	453	+	UNDER SECTION 40-2-124. EACH SUBSCRIPTION MUST BE SIZED TO23
	454	+	REPRESENT AT LEAST ONE KILOWATT OF THE COMMUNITY GEOTHERMAL24
	455	+	GARDEN'S GENERATING CAPACITY AND TO SUPPLY NO MORE THAN ONE25
	456	+	HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF26
	457	+	ELECTRICITY BY EACH SUBSCRIBER AT THE PREMISES TO WHICH THE27
	458	+	118
	459	+	-13- SUBSCRIPTION IS ATTRIBUTED, WITH A DEDUCTION FOR THE AMOUNT OF1
	460	+	ANY EXISTING GEOTHERMAL FACILITIES AT SUCH PREMISES .2
	461	+	S
	462	+	UBSCRIPTIONS IN A COMMUNITY GEOTHERMAL GARDEN MAY BE
	463	+	3
	464	+	TRANSFERRED OR ASSIGNED TO A SUBSCRIBER ORGANIZATION OR TO ANY4
	465	+	PERSON OR ENTITY WHO QUALIFIES TO BE A SUBSCRIBER UNDER THIS5
	466	+	SECTION.6
	467	+	(3) Subscriber organization - subscriber qualifications -7
391	468		transferability of subscriptions. (a) T
392	469		HE COMMUNITY GEOTHERMAL
393		-	GARDEN MAY BE OWNED BY A SUBSCRIBER ORGANIZATION
394		-	, WHOSE SOLE
395		-	PURPOSE IS BENEFICIALLY OWNING AND OPERATING A COMMUNITY
396		-	GEOTHERMAL GARDEN
397		-	. THE SUBSCRIBER ORGANIZATION MAY BE ANY
398		-	FOR
399		-	-PROFIT OR NONPROFIT ENTITY PERMITTED BY COLORADO LAW. THE
400		-	COMMUNITY GEOTHERMAL GARDEN MAY ALSO BE BUILT
401		-	, OWNED, AND
402		-	OPERATED BY A THIRD PARTY UNDER CONTRACT WITH THE SUBSCRIBER
403		-	ORGANIZATION
404		-	.
	470	+	8
	471	+	GARDEN MAY BE OWNED BY A SUBSCRIBER ORGANIZATION , WHOSE SOLE9
	472	+	PURPOSE IS BENEFICIALLY OWNING AND OPERATING A COMMUNITY10
	473	+	GEOTHERMAL GARDEN . THE SUBSCRIBER ORGANIZATION MAY BE ANY11
	474	+	FOR-PROFIT OR NONPROFIT ENTITY PERMITTED BY COLORADO LAW. THE12
	475	+	COMMUNITY GEOTHERMAL GARDEN MAY ALSO BE BUILT , OWNED, AND13
	476	+	OPERATED BY A THIRD PARTY UNDER CONTRACT WITH THE SUBSCRIBER14
	477	+	ORGANIZATION.15
405	478		(b) T
406	479		HE COMMISSION SHALL ADOPT RULES AS NECESSARY TO
407		-	~~IMPLEMENT THIS SECTION~~
408		-	, INCLUDING RULES TO FACILITATE ~~THE FINANCING~~
409		-	OF SUBSCRIBER
410		-	~~-OWNED COMMUNITY GEOTHERMAL GARDENS . THE RULES~~
411		-	MUST INCLUDE
412		-	:
	480	+	16
	481	+	IMPLEMENT THIS SECTION , INCLUDING RULES TO FACILITATE THE17
	482	+	FINANCING OF SUBSCRIBER-OWNED COMMUNITY GEOTHERMAL GARDENS .18
	483	+	T
	484	+	HE RULES MUST INCLUDE:
	485	+	19
413	486		(I) M
414	487		INIMUM CAPITALIZATION;
	488	+	20
415	489		(II) T
416	490		HE SHARE OF A COMMUNITY GEOTHERMAL GARDEN 'S
417		-	GEOTHERMAL ELECTRIC GENERATION FACILITIES THAT A SUBSCRIBER
418		-	ORGANIZATION MAY AT ANY TIME OWN IN ITS OWN NAME
419		-	; AND
420		-	(III) AUTHORIZING SUBSCRIBER ORGANIZATIONS TO ENTER INTO
421		-	LEASES
422		-	, SALE-AND-LEASEBACK TRANSACTIONS , OPERATING AGREEMENTS,
423		-	AND OTHER OWNERSHIP ARRANGEMENTS WITH THIRD PARTIES .
	491	+	21
	492	+	GEOTHERMAL ELECTRIC GENERATION FACILITIES THAT A SUBSCRIBER22
	493	+	ORGANIZATION MAY AT ANY TIME OWN IN ITS OWN NAME ; AND23
	494	+	(III) A
	495	+	UTHORIZING SUBSCRIBER ORGANIZATIONS TO ENTER INTO
	496	+	24
	497	+	LEASES, SALE-AND-LEASEBACK TRANSACTIONS, OPERATING AGREEMENTS,25
	498	+	AND OTHER OWNERSHIP ARRANGEMENTS WITH THIRD PARTIES .26
424	499		(c) I
425		-	F A SUBSCRIBER CEASES TO BE A CUSTOMER AT THE PREMISES ON
426		-	WHICH THE SUBSCRIPTION IS BASED BUT
427		-	, WITHIN A REASONABLE PERIOD AS
428		-	DETERMINED BY THE COMMISSION
429		-	, BECOMES A CUSTOMER AT ANOTHER
430		-	PREMISES IN THE SERVICE TERRITORY OF THE QUALIFYING RETAIL UTILITY
431		-	AND WITHIN THE GEOGRAPHIC AREA SERVED BY THE COMMUNITY
432		-	GEOTHERMAL GARDEN
433		-	, THE SUBSCRIPTION CONTINUES IN EFFECT BUT THE
434		-	BILL CREDIT AND OTHER FEATURES OF THE SUBSCRIPTION ARE ADJUSTED AS
435		-	NECESSARY TO REFLECT ANY DIFFERENCES BETWEEN THE NEW AND
436		-	PREVIOUS PREMISES
437		-	' CUSTOMER CLASSIFICATION AND AVERAGE ANNUAL
438		-	CONSUMPTION OF ELECTRICITY
439		-	.
440		-	PAGE 10-SENATE BILL 22-118 (4) Standards for construction and operation. T HE FOLLOWING
441		-	REQUIREMENTS APPLY TO ANY COMMUNITY GEOTHERMAL GARDEN
442		-	EXCEEDING TWO MEGAWATTS
443		-	:
	500	+	F A SUBSCRIBER CEASES TO BE A CUSTOMER AT THE PREMISES
	501	+	27
	502	+	118
	503	+	-14- ON WHICH THE SUBSCRIPTION IS BASED BUT , WITHIN A REASONABLE1
	504	+	PERIOD AS DETERMINED BY THE COMMISSION , BECOMES A CUSTOMER AT2
	505	+	ANOTHER PREMISES IN THE SERVICE TERRITORY OF THE QUALIFYING3
	506	+	RETAIL UTILITY AND WITHIN THE GEOGRAPHIC AREA SERVED BY THE4
	507	+	COMMUNITY GEOTHERMAL GARDEN , THE SUBSCRIPTION CONTINUES IN5
	508	+	EFFECT BUT THE BILL CREDIT AND OTHER FEATURES OF THE SUBSCRIPTION6
	509	+	ARE ADJUSTED AS NECESSARY TO REFLECT ANY DIFFERENCES BETWEEN7
	510	+	THE NEW AND PREVIOUS PREMISES ' CUSTOMER CLASSIFICATION AND8
	511	+	AVERAGE ANNUAL CONSUMPTION OF ELECTRICITY .9
	512	+	(4) Standards for construction and operation. T
	513	+	HE FOLLOWING
	514	+	10
	515	+	REQUIREMENTS APPLY TO ANY COMMUNITY GEOTHERMAL GARDEN11
	516	+	EXCEEDING TWO MEGAWATTS :12
444	517		(a) T
445	518		HE INITIAL INSTALLATION OF ANY ELECTRICAL EQUIPMENT
446		-	ASSOCIATED WITH THE COMMUNITY GEOTHERMAL GARDEN IS SUBJECT TO
447		-	FINAL INSPECTION AND APPR OVAL IN ACCOR DANCE WITH SECTION
448		-	12-115-120.
	519	+	13
	520	+	ASSOCIATED WITH THE COMMUNITY GEOTHERMAL GARDEN IS SUBJECT TO14
	521	+	FINAL INSPECTION AND APPROVAL IN ACCORDANCE WITH SECTION15
	522	+	12-115-120.16
449	523		(b) F
450	524		OLLOWING THE DEVELOPMENT OR ACQUISITION BY A
451		-	QUALIFYING RETAIL UTILITY OF A COMMUNITY GEOTHERMAL GARDEN IN
452		-	WHICH THE QUALIFYING RETAIL UTILITY RETAINS OWNERSHIP
453		-	, THE
454		-	QUALIFYING RETAIL UTILITY SHALL EITHER USE ITS OWN EMPLOYEES TO
455		-	OPERATE AND MAINTAIN THE COMMUNITY GEOTHERMAL GARDEN OR
456		-	CONTRACT FOR OPERATION AND MAINTENANCE OF THE COMMUNITY
457		-	GEOTHERMAL GARDEN BY A CONTRACTOR WHOSE EMPLOYEES HAVE ACCESS
458		-	TO AN APPRENTICESHIP PROGRAM REGISTERED WITH THE
459		-	UNITED STATES
460		-	DEPARTMENT OF LABOR
461		-	'S OFFICE OF APPRENTICESHIP OR WITH A STATE
462		-	APPRENTICESHIP COUNCIL RECOGNIZED BY THAT OFFICE
463		-	; EXCEPT THAT THIS
464		-	APPRENTICESHIP REQUIREMENT DOES NOT APPLY TO
465		-	:
466		-	(I) T
467		-	HE DESIGN, PLANNING, OR ENGINEERING OF THE
468		-	INFRASTRUCTURE
469		-	;
	525	+	17
	526	+	QUALIFYING RETAIL UTILITY OF A COMMUNITY GEOTHERMAL GARDEN IN18
	527	+	WHICH THE QUALIFYING RETAIL UTILITY RETAINS OWNERSHIP , THE19
	528	+	QUALIFYING RETAIL UTILITY SHALL EITHER USE ITS OWN EMPLOYEES TO20
	529	+	OPERATE AND MAINTAIN THE COMMUNITY GEOTHERMAL GARDEN OR21
	530	+	CONTRACT FOR OPERATION AND MAINTENANCE OF THE COMMUNITY22
	531	+	GEOTHERMAL GARDEN BY A CONTRACTOR WHOSE EMPLOYEES HAVE23
	532	+	ACCESS TO AN APPRENTICESHIP PROGRAM REGISTERED WITH THE UNITED24
	533	+	S
	534	+	TATES DEPARTMENT OF LABOR 'S OFFICE OF APPRENTICESHIP OR WITH A
	535	+	25
	536	+	STATE APPRENTICESHIP COUNCIL REC OGNIZED BY THAT OFFICE ; EXCEPT26
	537	+	THAT THIS APPRENTICESHIP REQUIREMENT DOES NOT APPLY TO :27
	538	+	118
	539	+	-15- (I) THE DESIGN, PLANNING, OR ENGINEERING OF THE1
	540	+	INFRASTRUCTURE;2
470	541		(II) M
471	542		ANAGEMENT FUNCTIONS TO OPERATE THE INFRASTRUCTURE ;
472		-	OR
473		-	(III) ANY WORK INCLUDED IN A WARRANTY .
474		-	(5) Community geothermal gardens not subject to regulation.
	543	+	3
	544	+	OR4
	545	+	(III) A
	546	+	NY WORK INCLUDED IN A WARRANTY .
	547	+	5
	548	+	(5) Community geothermal gardens not subject to regulation.6
475	549		N
476	550		EITHER THE OWNERS OF NOR THE SUBSCRIBERS TO A COMMUNITY
477		-	GEOTHERMAL GARDEN ARE CONSIDERED PUBLIC UTILITIES SUBJECT TO
478		-	REGULATION BY THE COMMISSION SOLELY AS A RESULT OF THEIR INTEREST
479		-	IN THE COMMUNITY GEOTHERMAL GARDEN
480		-	. PRICES PAID FOR SUBSCRIPTIONS
481		-	IN COMMUNITY GEOTHERMAL GARDENS SHALL NOT BE SUBJECT TO
482		-	REGULATION BY THE COMMISSION
483		-	.
484		-	(6) Purchases of the output from community geothermal
	551	+	7
	552	+	GEOTHERMAL GARDEN ARE CONSIDERED PUBLIC UTILITIES SUBJECT TO8
	553	+	REGULATION BY THE COMMISSION SOLELY AS A RESULT OF THEIR INTEREST9
	554	+	IN THE COMMUNITY GEOTHERMAL GARDEN . PRICES PAID FOR10
	555	+	SUBSCRIPTIONS IN COMMUNITY GEOTHERMAL GARDENS SHALL NOT BE11
	556	+	SUBJECT TO REGULATION BY THE COMMISSION .12
	557	+	(6) Purchases of the output from community geothermal13
485	558		gardens. (a) (I) E
486	559		ACH QUALIFYING RETAIL UTILITY MAY SET FORTH IN ITS
487		-	~~PLAN FOR ACQUISITION OF RENEWABLE RESOURCES A PLAN TO PURCHASE~~
488		-	~~PAGE 11-SENATE~~ ~~BILL 22-118 THE ELECTRICITY AND~~ RENEWABLE ~~ENERGY CREDITS GENERATED FROM ONE~~
489		-	~~OR MORE COMMUNITY GEOTHERMAL GARDENS OVER~~ THE ~~PERIOD COVERED~~
490		-	BY THE ~~PLAN~~
491		-	.
	560	+	14
	561	+	PLAN FOR ACQUISITION OF RENEWABLE RESOURCES A PLAN TO PURCHASE15
	562	+	THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED FROM16
	563	+	ONE OR MORE COMMUNITY GEOTHERMAL GARDENS OVER THE PERIOD17
	564	+	COVERED BY THE PLAN.18
492	565		(II) F
493	566		OR EACH QUALIFYING RETAIL UTILITY'S COMPLIANCE YEARS
494		-	COMMENCING IN
495		-	2026 AND THEREAFTER, THE COMMISSION SHALL
496		-	DETERMINE THE MINIMUM AND MAXIMUM PURCHASES OF ELECTRICAL
497		-	OUTPUT FROM NEWLY INSTALLED COMMUNITY GEOTHERMAL GARDENS OF
498		-	DIFFERENT OUTPUT CAPACITY THAT THE QUALIFYING RETAIL UTILITY MAY
499		-	PLAN TO ACQUIRE
500		-	. IN ADDITION, AS NECESSARY AND APPROPRIATE , THE
501		-	COMMISSION SHALL FORMULATE AND IMPLEMENT POLICIES CONSISTENT
502		-	WITH THIS SECTION THAT SIMULTANEOUSLY ENCOURAGE
503		-	:
	567	+	19
	568	+	COMMENCING IN 2026 AND THEREAFTER, THE COMMISSION SHALL20
	569	+	DETERMINE THE MINIMUM AND MAXIMUM PURCHASES OF ELECTRICAL21
	570	+	OUTPUT FROM NEWLY INSTALLED COMMUNITY GEOTHERMAL GARDENS OF22
	571	+	DIFFERENT OUTPUT CAPACITY THAT THE QUALIFYING RETAIL UTILITY MAY23
	572	+	PLAN TO ACQUIRE. IN ADDITION, AS NECESSARY AND APPROPRIATE , THE24
	573	+	COMMISSION SHALL FORMULATE AND IMPLEMENT POLICIES CONSISTENT25
	574	+	WITH THIS SECTION THAT SIMULTANEOUSLY ENCOURAGE :26
504	575		(A) T
505	576		HE OWNERSHIP BY CUSTOMERS OF SUBSCRIPTIONS IN
506		-	~~COMMUNITY GEOTHERMAL GARDENS AND OF OTHER FORMS OF DISTRIBUTED~~
507		-	~~GENERATION~~
508		-	~~, TO THE EXTENT THE COMMISSION FINDS THERE TO BE~~
509		-	~~CUSTOMER DEMAND FOR SUCH OWNERSHIP~~
510		-	;
	577	+	27
	578	+	118
	579	+	-16- COMMUNITY GEOTHERMAL GARDENS AND OF OTHER FORMS OF1
	580	+	DISTRIBUTED GENERATION, TO THE EXTENT THE COMMISSION FINDS THERE2
	581	+	TO BE CUSTOMER DEMAND FOR SUCH OWNERSHIP ;3
511	582		(B) O
512	583		WNERSHIP IN COMMUNITY GEOTHERMAL GARDENS BY
513		-	RESIDENTIAL RETAIL CUSTOMERS AND AGRICULTURAL PRODUCERS
514		-	,
515		-	INCLUDING LOW-INCOME CUSTOMERS, TO THE EXTENT THE COMMISSION
516		-	FINDS THERE TO BE DEMAND FOR SUCH OWNERSHIP
517		-	;
	584	+	4
	585	+	RESIDENTIAL RETAIL CUSTOMERS AND AGRICULTURAL PRODUCERS ,5
	586	+	INCLUDING LOW-INCOME CUSTOMERS, TO THE EXTENT THE COMMISSION6
	587	+	FINDS THERE TO BE DEMAND FOR SUCH OWNERSHIP ;7
518	588		(C) T
519	589		HE DEVELOPMENT OF COMMUNITY GEOTHERMAL GARDENS
520		-	WITH ATTRIBUTES THAT THE COMMISSION FINDS RESULT IN LOWER OVERALL
521		-	TOTAL COSTS FOR THE QUALIFYING RETAIL UTILITY
522		-	'S CUSTOMERS;
	590	+	8
	591	+	WITH ATTRIBUTES THAT THE COMMISSION FINDS RESULT IN LOWER9
	592	+	OVERALL TOTAL COSTS FOR THE QUALIFYING RETAIL UTILITY 'S10
	593	+	CUSTOMERS;11
523	594		(D) S
524	595		UCCESSFUL FINANCING AND OPERATION OF COMMUNITY
525		-	GEOTHERMAL GARDENS OWNED BY SUBSCRIBER ORGANIZATIONS
526		-	; AND
527		-	(E) THE ACHIEVEMENT OF THE GOALS AND OBJECTIVES OF SECTION
528		-	40-2-124.
	596	+	12
	597	+	GEOTHERMAL GARDENS OWNED BY SUBSCRIBER ORGANIZATIONS ; AND13
	598	+	(E) T
	599	+	HE ACHIEVEMENT OF THE GOALS AND OBJECTIVES OF SECTION
	600	+	14
	601	+	40-2-124.15
529	602		(b) (I) (A) T
530		-	HE OUTPUT FROM A COMMUNITY GEOTHERMAL ~~GARDEN~~
531		-	~~MUST BE SOLD ONLY TO THE QUALIFYING RETAIL UTILITY SERVING THE~~
532		-	~~GEOGRAPHIC AREA WHERE~~ THE ~~COMMUNITY GEOTHERMAL GARDEN IS~~
533		-	~~LOCATED~~
534		-	.
	603	+	HE OUTPUT FROM A COMMUNITY GEOTHERMAL
	604	+	16
	605	+	GARDEN MUST BE SOLD ONLY TO THE QUALIFYING RETAIL UTILITY SERVING17
	606	+	THE GEOGRAPHIC AREA WHERE THE COMMUNITY GEOTHERMAL GARDEN18
	607	+	IS LOCATED.19
535	608		(B) O
536	609		NCE A COMMUNITY GEOTHERMAL GARDEN IS PART OF A
537		-	QUALIFYING RETAIL UTILITY
538		-	'S PLAN FOR ACQUISITION OF RENEWABLE
539		-	PAGE 12-SENATE BILL 22-118 RESOURCES, AS APPROVED BY THE COMMISSION , THE COMMISSION SHALL
540		-	INITIATE A PROCEEDING
541		-	, OR CONSIDER IN AN ACTIVE PROCEEDING , TO
542		-	DETERMINE WHETHER THE QUALIFYING RETAIL UTILITY MUST PURCHASE ALL
543		-	OF THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED BY THE
544		-	COMMUNITY GEOTHERMAL GARDEN OR WHETHER A SUBSCRIBER MAY
545		-	, UPON
546		-	BECOMING A SUBSCRIBER
547		-	, CHOOSE TO RETAIN OR SELL TO THE QUALIFYING
548		-	RETAIL UTILITY THE SUBSCRIBER
549		-	'S RENEWABLE ENERGY CREDITS .
	610	+	20
	611	+	QUALIFYING RETAIL UTILITY'S PLAN FOR ACQUISITION OF RENEWABLE21
	612	+	RESOURCES, AS APPROVED BY THE COMMISSION, THE COMMISSION SHALL22
	613	+	INITIATE A PROCEEDING, OR CONSIDER IN AN ACTIVE PROCEEDING , TO23
	614	+	DETERMINE WHETHER THE QUALIFYING RETAIL UTILITY MUST PURCHASE24
	615	+	ALL OF THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED25
	616	+	BY THE COMMUNITY GEOTHERMAL GARDEN OR WHETHER A SUBSCRIBER26
	617	+	MAY, UPON BECOMING A SUBSCRIBER, CHOOSE TO RETAIN OR SELL TO THE27
	618	+	118
	619	+	-17- QUALIFYING RETAIL UTILITY THE SUBSCRIBER 'S RENEWABLE ENERGY1
	620	+	CREDITS.2
550	621		(C) T
551		-	HE AMOUNT OF ELECTRICITY AND RENEWABLE ENERGY CREDITS
552		-	GENERATED BY EACH COMMUNITY GEOTHERMAL GARDEN IS DETERMINED BY
553		-	A PRODUCTION METER INSTALLED BY THE QUALIFYING RETAIL UTILITY OR
554		-	THIRD
555		-	-PARTY SYSTEM OWNER AND PAID FOR BY THE OWNER OF THE
556		-	COMMUNITY GEOTHERMAL GARDEN
557		-	.
	622	+	HE AMOUNT OF ELECTRICITY AND RENEWABLE ENERGY
	623	+	3
	624	+	CREDITS GENERATED BY EACH COMMUNITY GEOTHERMAL GARDEN IS4
	625	+	DETERMINED BY A PRODUCTION METER INSTALLED BY THE QUALIFYING5
	626	+	RETAIL UTILITY OR THIRD-PARTY SYSTEM OWNER AND PAID FOR BY THE6
	627	+	OWNER OF THE COMMUNITY GEOTHERMAL GARDEN .7
558	628		(II) T
559		-	HE PURCHASE OF THE OUTPUT OF A COMMUNITY GEOTHERMAL
560		-	GARDEN BY A QUALIFYING RETAIL UTILITY TAKES THE FORM OF A NET
561		-	METERING CREDIT AGAINST THE QUALIFYING RETAIL UTILITY
562		-	'S ELECTRIC
563		-	BILL TO EACH COMMUNITY GEOTHERMAL GARDEN SUBSCRIBER AT THE
564		-	PREMISES SET FORTH IN THE SUBSCRIBER
565		-	'S SUBSCRIPTION. THE NET
566		-	METERING CREDIT IS CALCULATED BY MULTIPLYING THE SUBSCRIBER
567		-	'S
568		-	SHARE OF THE ELECTRICITY PRODUCTION FROM THE COMMUNITY
569		-	GEOTHERMAL GARDEN BY THE QUALIFYING RETAIL UTILITY
570		-	'S TOTAL
571		-	AGGREGATE RETAIL RATE AS CHARGED TO THE SUBSCRIBER
572		-	, MINUS A
573		-	REASONABLE CHARGE AS DETERMINED BY THE COMMISSION TO COVER THE
574		-	UTILITY
575		-	'S COSTS OF DELIVERING TO THE SUBSCRIBER 'S PREMISES THE
576		-	ELECTRICITY GENERATED BY THE COMMUNITY GEOTHERMAL GARDEN
577		-	,
578		-	INTEGRATING THE GEOTHERMAL GENERATION WITH THE UTILITY 'S SYSTEM,
579		-	AND ADMINISTERING THE COMMUNITY GEOTHERMAL GARDEN 'S CONTRACTS
580		-	AND NET METERING CREDITS
581		-	. THE COMMISSION SHALL ENSURE THAT THIS
582		-	CHARGE DOES NOT REFLECT COSTS THAT ARE ALREADY RECOVERED BY THE
583		-	UTILITY FROM THE SUBSCRIBER THROUGH OTHER CHARGES
584		-	. IF, AND TO THE
585		-	EXTENT THAT
586		-	, A SUBSCRIBER'S NET METERING CREDIT EXCEEDS THE
587		-	SUBSCRIBER
588		-	'S ELECTRIC BILL IN ANY BILLING PERIOD, THE NET METERING
589		-	CREDIT IS CARRIED FORWARD AND APPLIED AGAINST FUTURE BILLS
590		-	. THE
591		-	QUALIFYING RETAIL UTILITY AND THE OWNER OF THE COMMUNITY
592		-	GEOTHERMAL GARDEN MUST AGREE ON WHETHER THE PURCHASE OF THE
593		-	RENEWABLE ENERGY CREDITS FROM SUBSCRIBERS WILL BE ACCOMPLISHED
594		-	THROUGH A CREDIT ON EACH SUBSCRIBER
595		-	'S ELECTRICITY BILL OR BY A
596		-	PAYMENT TO THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN
597		-	.
598		-	PAGE 13-SENATE BILL 22-118 (c) THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST
599		-	PROVIDE REAL
600		-	-TIME PRODUCTION DATA TO THE QUALIFYING RETAIL UTILITY
601		-	TO FACILITATE INCORPORATION OF THE COMMUNITY GEOTHERMAL GARDEN
602		-	INTO THE UTILITY
603		-	'S OPERATION OF ITS ELECTRIC SYSTEM AND TO FACILITATE
604		-	THE PROVISION OF NET METERING CREDITS
605		-	.
	629	+	HE PURCHASE OF THE OUTPUT OF A COMMUNITY
	630	+	8
	631	+	GEOTHERMAL GARDEN BY A QUALIFYING RETAIL UTILITY TAKES THE FORM9
	632	+	OF A NET METERING CREDIT AGAINST THE QUALIFYING RETAIL UTILITY 'S10
	633	+	ELECTRIC BILL TO EACH COMMUNITY GEOTHERMAL GARDEN SUBSCRIBER11
	634	+	AT THE PREMISES SET FORTH IN THE SUBSCRIBER'S SUBSCRIPTION. THE NET12
	635	+	METERING CREDIT IS CALCULATED BY MULTIPLYING THE SUBSCRIBER 'S13
	636	+	SHARE OF THE ELECTRICITY PRODUCTION FROM THE COMMUNITY14
	637	+	GEOTHERMAL GARDEN BY THE QUALIFYING RETAIL UTILITY 'S TOTAL15
	638	+	AGGREGATE RETAIL RATE AS CHARGED TO THE SUBSCRIBER , MINUS A16
	639	+	REASONABLE CHARGE AS DETERMINED BY THE COMMISSION TO COVER THE17
	640	+	UTILITY'S COSTS OF DELIVERING TO THE SUBSCRIBER 'S PREMISES THE18
	641	+	ELECTRICITY GENERATED BY THE COMMUNITY GEOTHERMAL GARDEN ,19
	642	+	INTEGRATING THE GEOTHERMAL GENERATION WITH THE UTILITY 'S20
	643	+	SYSTEM, AND ADMINISTERING THE COMMUNITY GEOTHERMAL GARDEN 'S21
	644	+	CONTRACTS AND NET METERING CREDITS . THE COMMISSION SHALL ENSURE22
	645	+	THAT THIS CHARGE DOES NOT REFLECT COSTS THAT ARE ALREADY23
	646	+	RECOVERED BY THE UTILITY FROM THE SUBSCRIBER THROUGH OTHER24
	647	+	CHARGES. IF, AND TO THE EXTENT THAT, A SUBSCRIBER'S NET METERING25
	648	+	CREDIT EXCEEDS THE SUBSCRIBER'S ELECTRIC BILL IN ANY BILLING PERIOD,26
	649	+	THE NET METERING CREDIT IS CARRIED FORWARD AND APPLIED AGAINST27
	650	+	118
	651	+	-18- FUTURE BILLS. THE QUALIFYING RETAIL UTILITY AND THE OWNER OF THE1
	652	+	COMMUNITY GEOTHERMAL GARDEN MUST AGREE ON WHETHER THE2
	653	+	PURCHASE OF THE RENEWABLE ENERGY CREDITS FROM SUBSCRIBERS WILL3
	654	+	BE ACCOMPLISHED THROUGH A CREDIT ON EACH SUBSCRIBER 'S4
	655	+	ELECTRICITY BILL OR BY A PAYMENT TO THE OWNER OF THE COMMUNITY5
	656	+	GEOTHERMAL GARDEN .6
	657	+	(c) T
	658	+	HE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST
	659	+	7
	660	+	PROVIDE REAL-TIME PRODUCTION DATA TO THE QUALIFYING RETAIL8
	661	+	UTILITY TO FACILITATE INCORPORATION OF THE COMMUNITY GEOTHERMAL9
	662	+	GARDEN INTO THE UTILITY'S OPERATION OF ITS ELECTRIC SYSTEM AND TO10
	663	+	FACILITATE THE PROVISION OF NET METERING CREDITS .11
606	664		(d) T
607	665		HE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN IS
608		-	RESPONSIBLE FOR PROVIDING TO THE QUALIFYING RETAIL UTILITY
609		-	, ON A
610		-	MONTHLY BASIS AND WITHIN REASONABLE PERIODS SET BY THE QUALIFYING
611		-	RETAIL UTILITY
612		-	, THE PERCENTAGE SHARES THAT SHOULD BE USED TO
613		-	DETERMINE THE NET METERING CREDIT TO EACH SUBSCRIBER
614		-	. IF THE
615		-	ELECTRICITY OUTPUT OF THE COMMUNITY GEOTHERMAL GARDEN IS NOT
616		-	FULLY SUBSCRIBED
617		-	, THE QUALIFYING RETAIL UTILITY SHALL PURCHASE THE
618		-	UNSUBSCRIBED RENEWABLE ENERGY AND THE RENEWABLE ENERGY CREDITS
619		-	AT A RATE EQUAL TO THE QUALIFYING RETAIL UTILITY
620		-	'S AVERAGE HOURLY
621		-	INCREMENTAL COST OF ELECTRICITY SUPPLY OVER THE IMMEDIATELY
622		-	PRECEDING CALENDAR YEAR
623		-	.
	666	+	12
	667	+	RESPONSIBLE FOR PROVIDING TO THE QUALIFYING RETAIL UTILITY , ON A13
	668	+	MONTHLY BASIS AND WITHIN REASONABLE PERIODS SET BY THE14
	669	+	QUALIFYING RETAIL UTILITY, THE PERCENTAGE SHARES THAT SHOULD BE15
	670	+	USED TO DETERMINE THE NET METERING CREDIT TO EACH SUBSCRIBER . IF16
	671	+	THE ELECTRICITY OUTPUT OF THE COMMUNITY GEOTHERMAL GARDEN IS17
	672	+	NOT FULLY SUBSCRIBED , THE QUALIFYING RETAIL UTILITY SHALL18
	673	+	PURCHASE THE UNSUBSCRIBED RENEWABLE ENERGY AND THE RENEWABLE19
	674	+	ENERGY CREDITS AT A RATE EQUAL TO THE QUALIFYING RETAIL UTILITY 'S20
	675	+	AVERAGE HOURLY INCREMENTAL COST OF ELECTRICITY SUPPLY OVER THE21
	676	+	IMMEDIATELY PRECEDING CALENDAR YEAR .22
624	677		(e) I
625		-	F A QUALIFYING RETAIL UTILITY INCLUDES A PLAN TO PURCHASE
626		-	THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED BY ONE OR
627		-	MORE COMMUNITY GEOTHERMAL GARDENS
628		-	, THEN THE QUALIFYING RETAIL
629		-	UTILITY SHALL SET FORTH IN ITS PLAN FOR ACQUISITION OF RENEWABLE
630		-	RESOURCES A PROPOSAL FOR INCLUDING LOW
631		-	-INCOME CUSTOMERS AS
632		-	SUBSCRIBERS TO A COMMUNITY GEOTHERMAL GARDEN
633		-	, IF POSSIBLE. THE
634		-	UTILITY MAY GIVE PREFERENCE TO COMMUNITY GEOTHERMAL GARDENS
635		-	THAT HAVE LOW
636		-	-INCOME SUBSCRIBERS.
	678	+	F A QUALIFYING RETAIL UTILITY INCLUDES A PLAN TO
	679	+	23
	680	+	PURCHASE THE ELECTRICITY AND RENEWABLE ENERGY CREDITS24
	681	+	GENERATED BY ONE OR MORE COMMUNITY GEOTHERMAL GARDENS , THEN25
	682	+	THE QUALIFYING RETAIL UTILITY SHALL SET FORTH IN ITS PLAN FOR26
	683	+	ACQUISITION OF RENEWABLE RESOURCES A PROPOSAL FOR INCLUDING27
	684	+	118
	685	+	-19- LOW-INCOME CUSTOMERS AS SUBSCRIBERS TO A COMMUNITY1
	686	+	GEOTHERMAL GARDEN , IF POSSIBLE. THE UTILITY MAY GIVE PREFERENCE2
	687	+	TO COMMUNITY GEOTHERMAL GARDENS THAT HAVE LOW -INCOME3
	688	+	SUBSCRIBERS.4
637	689		(f) Q
638		-	UALIFYING RETAIL UTILITIES ARE ELIGIBLE FOR THE INCENTIVES
639		-	AND SUBJECT TO THE OWNERSHIP LIMITATIONS SET FORTH IN SECTION
640		-	40-2-124 (1)(f) FOR UTILITY INVESTMENTS IN COMMUNITY GEOTHERMAL
641		-	GARDENS AND MAY RECOVER THROUGH RATES A MARGIN
642		-	, IN AN AMOUNT
643		-	DETERMINED BY THE COMMISSION
644		-	, ON ALL ENERGY AND RENEWABLE
645		-	ENERGY CREDITS PURCHASED FROM COMMUNITY GEOTHERMAL GARDENS
646		-	.
647		-	S
648		-	UCH INCENTIVE PAYMENTS ARE EXCLUDED FROM THE COST ANALYSIS
649		-	REQUIRED BY SECTION
650		-	40-2-124 (1)(g).
	690	+	UALIFYING RETAIL UTILITIES ARE ELIGIBLE FOR THE
	691	+	5
	692	+	INCENTIVES AND SUBJECT TO THE OWNERSHIP LIMITATIONS SET FORTH IN6
	693	+	SECTION 40-2-124 (1)(f) FOR UTILITY INVESTMENTS IN COMMUNITY7
	694	+	GEOTHERMAL GARDENS AND MAY RECOVER THROUGH RATES A MARGIN ,8
	695	+	IN AN AMOUNT DETERMINED BY THE COMMISSION , ON ALL ENERGY AND9
	696	+	RENEWABLE ENERGY CREDITS PURCHASED FROM COMMUNITY10
	697	+	GEOTHERMAL GARDENS . SUCH INCENTIVE PAYMENTS ARE EXCLUDED11
	698	+	FROM THE COST ANALYSIS REQUIRED BY SECTION 40-2-124 (1)(g).12
651	699		(6) N
652	700		OTHING IN THIS SECTION WAIVES OR SUPERSEDES THE RETAIL
653		-	RATE IMPACT LIMITATIONS IN SECTION
654		-	40-2-124 (1)(g). UTILITY
655		-	EXPENDITURES FOR UNSUBSCRIBED ENERGY AND RENEWABLE ENERGY
656		-	CREDITS GENERATED BY COMMUNITY GEOTHERMAL GARDENS MUST BE
657		-	PAGE 14-SENATE BILL 22-118 INCLUDED IN THE CALCULATIONS OF RETAIL RATE IMPACT REQUIRED BY
658		-	THAT SECTION
659		-	.
660		-	(7) Applicability to cooperative electric associations and
	701	+	13
	702	+	RATE IMPACT LIMITATIONS IN SECTION 40-2-124 (1)(g). UTILITY14
	703	+	EXPENDITURES FOR UNSUBSCRIBED ENERGY AND RENEWABLE ENERGY15
	704	+	CREDITS GENERATED BY COMMUNITY GEOTHERMAL GARDENS MUST BE16
	705	+	INCLUDED IN THE CALCULATIONS OF RETAIL RATE IMPACT REQUIRED BY17
	706	+	THAT SECTION.18
	707	+	(7) Applicability to cooperative electric associations and19
661	708		municipally owned utilities. T
662	709		HIS SECTION SHALL NOT APPLY TO
663		-	COOPERATIVE ELECTRIC ASSOCIATIONS OR TO MUNICIPALLY OWNED
664		-	UTILITIES
665		-	.
666		-	SECTION 12. In Colorado Revised Statutes, 25-7-105, amend
667		-	(1)(e)(VIII)(H) as follows:
668		-	25-7-105. Duties of commission - rules - legislative declaration
669		-	- definitions. (1) Except as provided in sections 25-7-130 and 25-7-131,
670		-	the commission shall promulgate rules that are consistent with the
671		-	legislative declaration set forth in section 25-7-102 and necessary for the
672		-	proper implementation and administration of this article 7, including:
673		-	(e) (VIII) (H) In verifying clean energy plans or a wholesale
674		-	generation and transmission cooperative electric resource plan submitted in
675		-	accordance with subsection (1)(e)(VIII)(I) of this section, the division shall
676		-	prevent double counting of emission reductions among utilities and shall
677		-	consider electricity generated by renewable energy resources as having zero
678		-	greenhouse gas emissions only if: The electricity is accompanied by any
679		-	associated renewable energy credit, and the renewable energy credit is
680		-	retired on behalf of the utility's customers in the year generated; or the
681		-	electricity is generated by retail distributed generation, as defined in
682		-	sections 40-2-124 (1)(a)(VIII), and
683		-	40-2-127 (2)(b)(I)(A) and (2)(b)(I)(B),
684		-	AND 40-2-127.5 (2)(a)(I) AND (2)(a)(II), and the retail customer retains the
685		-	renewable energy credit as part of a voluntary renewable energy program.
686		-	SECTION 13. In Colorado Revised Statutes, 30-20-602, amend
687		-	(4.3)(b) as follows:
688		-	30-20-602. Definitions. As used in this part 6, unless the context
689		-	otherwise requires:
690		-	(4.3) "Qualified community location" means:
691		-	(b) If the affected local electric utility is an investor-owned utility,
692		-	a community solar garden, as that term is defined in section 40-2-127 (2),
693		-	PAGE 15-SENATE BILL 22-118 C.R.S. If House Bill 10-1342 does not take effect, there shall be no
694		-	qualified community locations in the service territories of investor-owned
695		-	utilities. OR A COMMUNITY GEOTHERMAL GARDEN AS THAT TERM IS DEFINED
696		-	IN SECTION
697		-	42-2-127.5 (2).
698		-	SECTION 14. In Colorado Revised Statutes, 31-25-501, amend
699		-	(3.5)(b) as follows:
700		-	31-25-501. Definitions. As used in this part 5, unless the context
701		-	otherwise requires:
702		-	(3.5) "Qualified community location" means:
703		-	(b) If the affected local electric utility is an investor-owned utility,
704		-	a community solar garden as that term is defined in section 40-2-127 (2),
705		-	C.R.S. If House Bill 10-1342 does not take effect, there shall be no
706		-	qualified community locations in the service territories of investor-owned
707		-	utilities. OR A COMMUNITY GEOTHERMAL GARDEN AS THAT TERM IS DEFINED
708		-	IN SECTION
709		-	42-2-127.5 (2).
710		-	SECTION 15. In Colorado Revised Statutes, 40-2-129, amend (3)
711		-	as follows:
712		-	40-2-129. New resource acquisitions - factors in determination
713		-	- local employment - "best value" metrics - performance audit. (3) The
714		-	provisions of this section regarding "best value" employment metrics do not
715		-	apply to projects involving retail distributed generation, as defined in
716		-	section 40-2-124 (1)(a)(VIII), or
717		-	40-2-127 (2)(b)(I)(B), OR 40-2-127.5
718		-	(2)(a)(II).
719		-	SECTION 16. In Colorado Revised Statutes, 40-9.5-106, amend
720		-	(2) as follows:
721		-	40-9.5-106. Prohibited acts. (2) No cooperative electric
722		-	association, as to rates, charges, service, or facilities or as to any other
723		-	matter, shall make or grant any preference or advantage to any corporation
724		-	or person or subject any corporation or person to any prejudice or
725		-	disadvantage. No cooperative electric association shall establish or maintain
726		-	any unreasonable difference as to rates, charges, service, or facilities or as
727		-	to any other matter, either between localities or between any class of
728		-	PAGE 16-SENATE BILL 22-118 service. Notwithstanding section 40-6-108 (1)(b), any complaint arising out
729		-	of this subsection (2) signed by one or more customers of such association
730		-	shall be resolved by the public utilities commission in accordance with the
731		-	hearing and enforcement procedures established in articles 6 and 7 of this
732		-	title. A cooperative electric association may approve any reasonable rate,
733		-	charge, service, classification, or facility that establishes a graduated rate for
734		-	increased energy consumption, for energy conservation and energy
735		-	efficiency purposes, by residential customers that is revenue-neutral for the
736		-	class, where revenue includes margins, expenses, riders, or charges as
737		-	approved by the cooperative electric association. The implementation of
738		-	such rate, charge, service, classification, or facility by a cooperative electric
739		-	association shall not be deemed to subject any person or corporation to any
740		-	prejudice, disadvantage, or undue discrimination. In adopting such rate, a
741		-	cooperative electric association shall give due consideration to the impact
742		-	of such rates on low-income customers. A cooperative electric association
743		-	may utilize a community energy fund as contemplated by section 40-2-127
744		-	SECTIONS 40-2-127 AND 40-2-127.5 for energy efficiency, energy
745		-	conservation, weatherization, and renewable energy purposes. A
746		-	cooperative electric association shall not apply such rate to consumers that
747		-	have single meters that record energy consumption for combined residential
748		-	and agricultural uses.
749		-	SECTION 17. Appropriation. For the 2022-23 state fiscal year,
750		-	$15,000 is appropriated to the office of the governor for use by the
751		-	Colorado energy office. This appropriation is from the general fund. To
752		-	implement this act, the office may use this appropriation for program
753		-	administration.
754		-	SECTION 18. Act subject to petition - effective date. This act
755		-	takes effect at 12:01 a.m. on the day following the expiration of the
756		-	ninety-day period after final adjournment of the general assembly; except
757		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
758		-	of the state constitution against this act or an item, section, or part of this act
759		-	within such period, then the act, item, section, or part will not take effect
760		-	unless approved by the people at the general election to be held in
761		-	PAGE 17-SENATE BILL 22-118 November 2022 and, in such case, will take effect on the date of the official
762		-	declaration of the vote thereon by the governor.
763		-	____________________________ ____________________________
764		-	Steve Fenberg Alec Garnett
765		-	PRESIDENT OF SPEAKER OF THE HOUSE
766		-	THE SENATE OF REPRESENTATIVES
767		-	____________________________ ____________________________
768		-	Cindi L. Markwell Robin Jones
769		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
770		-	THE SENATE OF REPRESENTATIVES
771		-	APPROVED________________________________________
772		-	(Date and Time)
773		-	_________________________________________
774		-	Jared S. Polis
775		-	GOVERNOR OF THE STATE OF COLORADO
776		-	PAGE 18-SENATE BILL 22-118
	710	+	20
	711	+	COOPERATIVE ELECTRIC ASSOCIATIONS OR TO MUNICIPALLY OWNED21
	712	+	UTILITIES.22
	713	+	SECTION 12. In Colorado Revised Statutes, 25-7-105, amend23
	714	+	(1)(e)(VIII)(H) as follows:24
	715	+	25-7-105. Duties of commission - rules - legislative declaration25
	716	+	- definitions. (1) Except as provided in sections 25-7-130 and 25-7-131,26
	717	+	the commission shall promulgate rules that are consistent with the27
	718	+	118
	719	+	-20- legislative declaration set forth in section 25-7-102 and necessary for the1
	720	+	proper implementation and administration of this article 7, including:2
	721	+	(e) (VIII) (H) In verifying clean energy plans or a wholesale3
	722	+	generation and transmission cooperative electric resource plan submitted4
	723	+	in accordance with subsection (1)(e)(VIII)(I) of this section, the division5
	724	+	shall prevent double counting of emission reductions among utilities and6
	725	+	shall consider electricity generated by renewable energy resources as7
	726	+	having zero greenhouse gas emissions only if: The electricity is8
	727	+	accompanied by any associated renewable energy credit, and the9
	728	+	renewable energy credit is retired on behalf of the utility's customers in10
	729	+	the year generated; or the electricity is generated by retail distributed11
	730	+	generation, as defined in sections 40-2-124 (1)(a)(VIII), and 40-2-12712
	731	+	(2)(b)(I)(A) and (2)(b)(I)(B),
	732	+	AND 40-2-127.5 (2)(a)(I) AND (2)(a)(II), and
	733	+	13
	734	+	the retail customer retains the renewable energy credit as part of a14
	735	+	voluntary renewable energy program.15
	736	+	SECTION 13. In Colorado Revised Statutes, 30-20-602, amend16
	737	+	(4.3)(b) as follows:17
	738	+	30-20-602. Definitions. As used in this part 6, unless the context18
	739	+	otherwise requires:19
	740	+	(4.3) "Qualified community location" means:20
	741	+	(b) If the affected local electric utility is an investor-owned utility,21
	742	+	a community solar garden, as that term is defined in section 40-2-127 (2),22
	743	+	C.R.S. If House Bill 10-1342 does not take effect, there shall be no23
	744	+	qualified community locations in the service territories of investor-owned24
	745	+	utilities. OR A COMMUNITY GEOTHERMAL GARDEN AS THAT TERM IS25
	746	+	DEFINED IN SECTION 42-2-127.5 (2).26
	747	+	SECTION 14. In Colorado Revised Statutes, 31-25-501, amend27
	748	+	118
	749	+	-21- (3.5)(b) as follows:1
	750	+	31-25-501. Definitions. As used in this part 5, unless the context2
	751	+	otherwise requires:3
	752	+	(3.5) "Qualified community location" means:4
	753	+	(b) If the affected local electric utility is an investor-owned utility,5
	754	+	a community solar garden as that term is defined in section 40-2-127 (2),6
	755	+	C.R.S. If House Bill 10-1342 does not take effect, there shall be no7
	756	+	qualified community locations in the service territories of investor-owned8
	757	+	utilities. OR A COMMUNITY GEOTHERMAL GARDEN AS THAT TERM IS9
	758	+	DEFINED IN SECTION 42-2-127.5 (2).10
	759	+	SECTION 15. In Colorado Revised Statutes, 40-2-129, amend11
	760	+	(3) as follows:12
	761	+	40-2-129. New resource acquisitions - factors in determination13
	762	+	- local employment - "best value" metrics - performance audit.14
	763	+	(3) The provisions of this section regarding "best value" employment15
	764	+	metrics do not apply to projects involving retail distributed generation, as16
	765	+	defined in section 40-2-124 (1)(a)(VIII), or 40-2-127 (2)(b)(I)(B), OR17
	766	+	40-2-127.5 (2)(a)(II).18
	767	+	SECTION 16. In Colorado Revised Statutes, 40-9.5-106, amend19
	768	+	(2) as follows:20
	769	+	40-9.5-106. Prohibited acts. (2) No cooperative electric21
	770	+	association, as to rates, charges, service, or facilities or as to any other22
	771	+	matter, shall make or grant any preference or advantage to any23
	772	+	corporation or person or subject any corporation or person to any24
	773	+	prejudice or disadvantage. No cooperative electric association shall25
	774	+	establish or maintain any unreasonable difference as to rates, charges,26
	775	+	service, or facilities or as to any other matter, either between localities or27
	776	+	118
	777	+	-22- between any class of service. Notwithstanding section 40-6-108 (1)(b),1
	778	+	any complaint arising out of this subsection (2) signed by one or more2
	779	+	customers of such association shall be resolved by the public utilities3
	780	+	commission in accordance with the hearing and enforcement procedures4
	781	+	established in articles 6 and 7 of this title. A cooperative electric5
	782	+	association may approve any reasonable rate, charge, service,6
	783	+	classification, or facility that establishes a graduated rate for increased7
	784	+	energy consumption, for energy conservation and energy efficiency8
	785	+	purposes, by residential customers that is revenue-neutral for the class,9
	786	+	where revenue includes margins, expenses, riders, or charges as approved10
	787	+	by the cooperative electric association. The implementation of such rate,11
	788	+	charge, service, classification, or facility by a cooperative electric12
	789	+	association shall not be deemed to subject any person or corporation to13
	790	+	any prejudice, disadvantage, or undue discrimination. In adopting such14
	791	+	rate, a cooperative electric association shall give due consideration to the15
	792	+	impact of such rates on low-income customers. A cooperative electric16
	793	+	association may utilize a community energy fund as contemplated by17
	794	+	section 40-2-127 SECTIONS 40-2-127 AND 40-2-127.5 for energy18
	795	+	efficiency, energy conservation, weatherization, and renewable energy19
	796	+	purposes. A cooperative electric association shall not apply such rate to20
	797	+	consumers that have single meters that record energy consumption for21
	798	+	combined residential and agricultural uses.22
	799	+	SECTION 17. Appropriation. For the 2022-23 state fiscal year,23
	800	+	$15,000 is appropriated to the office of the governor for use by the24
	801	+	colorado energy office. This appropriation is from the general fund. To25
	802	+	implement this act, the office may use this appropriation for program26
	803	+	administration.27
	804	+	118
	805	+	-23- SECTION 18. Act subject to petition - effective date. This act1
	806	+	takes effect at 12:01 a.m. on the day following the expiration of the2
	807	+	ninety-day period after final adjournment of the general assembly; except3
	808	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V4
	809	+	of the state constitution against this act or an item, section, or part of this5
	810	+	act within such period, then the act, item, section, or part will not take6
	811	+	effect unless approved by the people at the general election to be held in7
	812	+	November 2022 and, in such case, will take effect on the date of the8
	813	+	official declaration of the vote thereon by the governor.9
	814	+	118
	815	+	-24-