HOUSE BILL 23-1281
BY REPRESENTATIVE(S) Titone and Vigil, Amabile, Bird, Boesenecker,
Dickson, Froelich, Herod, Jodeh, Joseph, Kipp, Lindsay, Mauro,
McCormick, Michaelson Jenet, Sharbini, Snyder, Story, Valdez, Weinberg,
Woodrow, McCluskie;
also SENATOR(S) Cutter and Priola, Buckner, Jaquez Lewis, Kolker,
Marchman.
C
ONCERNING MEASURES TO ADVANCE THE USE OF CLEAN HYDROGEN IN THE
STATE
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) In 2019, Colorado adopted the following goals for the statewide
reduction of greenhouse gas pollution from a 2005 baseline:
(I) Reducing greenhouse gas pollution by more than twenty-six
percent by 2025;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (II) Reducing greenhouse gas pollution by more than fifty percent
by 2030; and
(III) Reducing greenhouse gas pollution by more than ninety percent
by 2050;
(b) The Colorado Greenhouse Gas Pollution Reduction Roadmap,
published by the Colorado energy office and dated January 14, 2021,
recognizes that:
(I) Achieving the state's greenhouse gas pollution reduction goals
from 2030 to 2050 will require further technical innovation and economies
of scale to bring costs down for deployment of innovative technologies both
for emission reductions of end uses and to generate energy through
innovative methods such as clean hydrogen; and
(II) Clean hydrogen may be an important resource to lower
greenhouse gas emissions from sectors that are harder to decarbonize, such
as heavy-duty transportation and heavy industry;
(c) The federal government enacted the "Inflation Reduction Act of
2022", Pub.L. 117-169, which recognizes the importance of clean energy
production in the fight against climate change and creates important
incentives that make investments in clean hydrogen more affordable and
attainable;
(d) To support diversification of the state's energy production and
create well-paid clean energy jobs, Colorado has joined three other regional
states in a partnership to pursue funding from the United States department
of energy for a regional hydrogen hub;
(e) As Colorado diversifies and decarbonizes its energy economy
with clean energy sources, clean hydrogen may play an important role in the
resilience of the state's electric grid and for dispatchable electricity
generation that complements the use of wind and solar resources, while also
helping achieve Governor Polis's goal of one hundred percent renewable
electricity generation in the state by 2040; and
(f) The inclusion of clean hydrogen as an element in decarbonization
pathways should include comprehensive assessments of clean hydrogen in
PAGE 2-HOUSE BILL 23-1281 comparison to alternatives, including consideration of life cycle emissions,
costs, impacts on communities, including disproportionately impacted
communities, and environmental impacts on water, air, land, and
biodiversity.
(2) The general assembly therefore declares that state law should:
(a) Provide for various methods to advance the use of clean
hydrogen in the state;
(b) Allow for agencies of the state and users of clean hydrogen in
the state to coordinate with each other to take advantage of available federal
funding and tax credits; and
(c) Ensure that the use of clean hydrogen in the state is in alignment
with the state's greenhouse gas emission reduction and environmental
justice goals.
SECTION 2. In Colorado Revised Statutes, add 40-2-138 as
follows:
40-2-138. Projects for the production of clean hydrogen -
proceeding - hydrogen hub projects - rules - definitions. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "C
LEAN HYDROGEN" MEANS:
(I) G
REEN HYDROGEN, AS DEFINED IN SECTION 40-3.2-108 (2)(j); OR
(II) HYDROGEN THAT IS PRODUCED THROUGH A PROCESS THAT
RESULTS IN LIFECYCLE GREENHOUSE GAS EMISSIONS RATES THAT ARE
WITHIN THE LIFECYCLE GREENHOUSE GAS EMISSIONS RATE RANGES SET
FORTH IN
26 U.S.C. SECS. 45V (b)(2)(C) AND 45V (b)(2)(D), AS AMENDED.
(b) (I) "C
LEAN HYDROGEN PROJECT " MEANS A PROJECT THAT
RESULTS IN THE PRODUCTION OF CLEAN HYDROGEN BY AN INVESTOR
-OWNED
UTILITY
.
(II) "C
LEAN HYDROGEN PROJECT " MAY INCLUDE PIPELINES ,
ELECTROLYZERS, ENVIRONMENTAL CONTROLS , MONITORING EQUIPMENT ,
PAGE 3-HOUSE BILL 23-1281 DEDICATED RENEWABLE ENERGY SOURCES FOR ELECTROLYSIS , THE
PURCHASE OF CLEAN HYDROGEN FROM THIRD PARTIES
, AND AN UPGRADE TO
A TURBINE AT AN ELECTRIC GENERATING STATION IF THAT UPGRADE IS PART
OF A STATE OR FEDERAL APPLICATION FOR A REGIONAL CLEAN HYDROGEN
HUB UNDER
42 U.S.C. SEC. 16161a.
(c) "C
UMULATIVE IMPACTS" MEANS THE INCREMENTAL EFFECTS OF
A CLEAN HYDROGEN PROJECT ON THE ENVIRONMENT
, INCLUDING EFFECTS ON
AIR QUALITY
, WATER QUALITY, WATER RESOURCE AVAILABILITY, CLIMATE,
AND PUBLIC HEALTH, THAT A CLEAN HYDROGEN PROJECT HAS WHEN ADDED
TO THE IMPACTS FROM OTHER PAST
, PRESENT, AND REASONABLY
FORESEEABLE FUTURE DEVELOPMENT OF ANY TYPE ON THE RELEVANT AREA
,
INCLUDING AN AIRSHED OR WATERSHED , AS DETERMINED BY RULE BY THE
COMMISSION
, OR ON A DISPROPORTIONATELY IMPACTED COMMUNITY .
(d) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(e) (I) "H
ARD TO DECARBONIZE END USE" MEANS INDUSTRIAL USES
THAT INCLUDE
:
(A) T
HE GENERATION OF HEAT OF AT LEAST ONE HUNDRED FIFTY
DEGREES
CELSIUS FOR INDUSTRIAL PURPOSES; AND
(B) ADDITION AS FEEDSTOCK FOR INDUSTRIAL PURPOSES , INCLUDING
MANUFACTURE OF STEEL
, AMMONIA, FERTILIZER, AND CHEMICALS.
(II) "H
ARD TO DECARBONIZE END USE " DOES NOT INCLUDE THE
DIRECT USE OF HYDROGEN FOR RESIDENTIAL OR COMMERCIAL HEATING
.
(f) "H
YDROGEN HUB PROJECT" MEANS A PROJECT THAT IS PART OF AN
APPLICATION FOR FEDERAL FUNDING BY A PARTNERSHIP OF REGULATED
UTILITIES
, PRIVATE PARTNERS, AND COMPANIES AND MAY INCLUDE STATE OR
FEDERAL GOVERNMENT AGENCIES IN COLLABORATION WITH OTHER STATES
THAT IS DESIGNED TO UTILIZE AVAILABLE FEDERAL FUNDS AND TAX CREDITS
,
WHICH MAY INCLUDE THE PRODUCTION , TRANSPORT, AND USE OF CLEAN
HYDROGEN
.
(g) "L
IFECYCLE GREENHOUSE GAS EMISSIONS RATE " MEANS
LIFECYCLE GREENHOUSE GAS EMISSIONS
, AS DEFINED IN 26 U.S.C. SEC. 45V
PAGE 4-HOUSE BILL 23-1281 (c)(1)(A), AS AMENDED, MEASURED IN ACCORDANCE WITH ANY APPLICABLE
FEDERAL INTERNAL REVENUE SERVICE REGULATIONS OR GUIDANCE
.
(h) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
SECTION
24-38.5-101.
(i) "Q
UALIFIED USE" MEANS THE USE OF CLEAN HYDROGEN IN THE
STATE FOR
:
(I) H
ARD TO DECARBONIZE END USES;
(II) T
HE OPERATION OF A HEAVY-DUTY MOTOR VEHICLE, AS DEFINED
IN SECTION
25-7.5-102 (11); AND
(III) AVIATION.
(2) T
HE COMMISSION SHALL INITIATE AN INVESTIGATORY
PROCEEDING
, NO LATER THAN SEPTEMBER 1, 2023, TO CONSIDER:
(a) T
HE POTENTIAL FOR CLEAN HYDROGEN PROJECTS OPERATED BY
INVESTOR
-OWNED UTILITIES SUBJECT TO REGULATION BY THE COMMISSION
TO CONTRIBUTE TO MEETING THE GREENHOUSE GAS EMISSION REDUCTION
GOALS DESCRIBED IN SECTION
25-7-102 (2)(g), INCLUDING LIFECYCLE
GREENHOUSE GAS EMISSIONS RATES
, WITH A PREFERENCE FOR QUALIFIED
USES
;
(b) T
HE IMPACT OF CLEAN HYDROGEN PROJECTS ON THE EMISSION OF
AIR POLLUTANTS OTHER THAN GREENHOUSE GASES AND HUMAN HEALTH
;
(c) P
OTENTIAL MARKETS FOR CLEAN HYDROGEN IN COLORADO;
(d) T
HE IMPACT OF CLEAN HYDROGEN PRODUCTION ON WATER
QUALITY AND QUANTITY IN
COLORADO;
(e) T
HE POTENTIAL IMPACTS OF PIPELINE LEAKAGE AND BEST
PRACTICES FOR MITIGATION
;
(f) T
HE POTENTIAL FOR THE DEVELOPMENT OF CLEAN HYDROGEN TO
HELP CREATE OR SUSTAIN JOBS IN
COLORADO, INCLUDING UTILITY JOBS;
PAGE 5-HOUSE BILL 23-1281 (g) THE COST, CAPABILITIES, AND MARKET AVAILABILITY OF CLEAN
HYDROGEN TECHNOLOGIES
, INCLUDING PIPELINE INVESTMENTS;
(h) T
HE APPROPRIATE ROLES FOR INVESTOR-OWNED UTILITIES IN THE
PRODUCTION
, SALE, OR USE OF CLEAN HYDROGEN, INCLUDING CONSIDERING
WHETHER COSTS MAY BE RECOVERED FROM RATEPAYERS
;
(i) T
HE POTENTIAL IMPACT OF INVESTOR -OWNED UTILITY
INVESTMENTS IN A CLEAN HYDROGEN PROJECT ON RATEPAYERS
, INCLUDING
ON BILLS
, RATES, AND RATE STABILITY, AND OPTIONS FOR AVOIDING
POTENTIAL CROSS
-SUBSIDIZATION AND COST SHIFTING ACROSS RATE
CLASSES
;
(j) P
RINCIPLES AND REQUIREMENTS FOR ANY TARIFFS FOR THE SALE
OF CLEAN HYDROGEN TO THIRD PARTIES
, INCLUDING PRINCIPLES AND
REQUIREMENTS TO ENSURE THAT COSTS ARISING FROM THE DEVELOPMENT
,
PRODUCTION, TRANSPORT, AND DELIVERY OF THE CLEAN HYDROGEN UNDER
THOSE TARIFFS ARE NOT BORNE BY CUSTOMERS WHO DO NOT TAKE SERVICE
FROM THOSE TARIFFS
;
(k) T
HE PROCESS AND DATA NECESSARY AND AVAILABLE TO
IMPLEMENT A REQUIREMENT FOR THE ADOPTION OF METHODS FOR
:
(I) T
HE MEASUREMENT OF LIFECYCLE GREENHOUSE GAS EMISSIONS
RATES
, INCLUDING FOR HOURLY MATCHING OF ELECTRICITY USED ;
(II) T
HE TRACKING OF THE DEPLOYMENT OF NEW RENEWABLE
ENERGY RESOURCES OR USE OF CURTAILED RENEWABLE ENERGY TO MEET
ELECTRICITY REQUIREMENTS FOR PRODUCTION OF CLEAN HYDROGEN IN THE
SAME LOAD BALANCING AREA
; AND
(III) THE COMMISSION TO DETERMINE WHEN AT LEAST TWO HUNDRED
MEGAWATTS OF ELECTROLYZERS ARE OPERATIONAL IN THE STATE
;
(l) T
HE PROCESS AND DATA NECESSARY FOR AN INVESTOR -OWNED
UTILITY TO CONDUCT A CUMULATIVE IMPACT ANALYSIS OF A CLEAN
HYDROGEN PROJECT AND ANY PROCESS NECESSARY TO AVOID ADVERSE
CUMULATIVE IMPACTS ON DISPROPORTIONATELY IMPACTED COMMUNITIES
,
IF ANY, WHICH MAY INCLUDE THE COMMISSION CONSIDERING :
PAGE 6-HOUSE BILL 23-1281 (I) THE TIME FRAME OVER WHICH A CUMULATIVE IMPACT ANALYSIS
SHOULD BE CONDUCTED
;
(II) T
HE GEOGRAPHICAL SCOPE OF A CUMULATIVE IMPACT ANALYSIS ;
AND
(III) WHETHER THE CUMULATIVE IMPACT ANALYSIS SHOULD BE
COMPARED TO ALTERNATIVE PROJECTS
;
(m) R
EQUIREMENTS FOR ANY APPLICATION FOR A CLEAN HYDROGEN
PROJECT
, IN ADDITION TO THE REQUIREMENTS DESCRIBED IN SUBSECTION
(3)(a)(VI) OF THIS SECTION AND SUBJECT TO SUBSECTIONS (4) AND (5) OF
THIS SECTION
;
(n) A
NY DATA OR INFORMATION NECESSARY OR AVAILABLE TO
EVALUATE A CLEAN HYDROGEN PROJECT AGAINST ALTERNATIVE PROJECTS
,
INCLUDING HOW TO MEASURE, TRACK, AND REPORT LIFECYCLE GREENHOUSE
GAS EMISSIONS RATES
, CUMULATIVE IMPACTS , AND THE CUMULATIVE
IMPACTS AND INDIVIDUAL IMPACTS ON JOBS
, LOCAL ECONOMIC BENEFITS,
AND WATER USE BY CLEAN HYDROGEN PROJECTS UNDER THE COMMISSION 'S
JURISDICTION
;
(o) O
PPORTUNITIES TO ENCOURAGE NON -UTILITY PRODUCTION OF
CLEAN HYDROGEN IN
COLORADO, INCLUDING OPPORTUNITIES FOR AN
INVESTOR
-OWNED UTILITY TO PROPOSE A TARIFF FOR THE SALE OF
RENEWABLE ENERGY THAT WOULD OTHERWISE BE CURTAILED
; AND
(p) ANY OTHER RELEVANT ISSUES THAT THE COMMISSION
DETERMINES ARE NECESSARY TO CONSIDER
.
(3) (a) N
O LATER THAN DECEMBER 1, 2024, UNLESS THE OFFICE FILES
A NOTICE WITH THE COMMISSION STATING THAT THE FEDERAL DEPARTMENT
OF ENERGY HAS EXTENDED OR OTHERWISE ALTERED THE DEADLINE
REGARDING FUNDING FOR A HYDROGEN HUB PROJECT
, THE COMMISSION
SHALL ADOPT RULES THAT
:
(I) U
NLESS THE COMMISSION DETERMINES THAT INVESTOR -OWNED
UTILITIES SHOULD NOT DEVELOP CLEAN HYDROGEN PROJECTS FOR COST
RECOVERY FROM RATEPAYERS
, ESTABLISH REQUIREMENTS FOR THE
PRESENTATION OF A CLEAN HYDROGEN PROJECT TO THE COMMISSION FOR
PAGE 7-HOUSE BILL 23-1281 THE COMMISSION'S APPROVAL;
(II) E
STABLISH REQUIREMENTS FOR LIFECYCLE GREENHOUSE GAS
EMISSIONS RATE ACCOUNTING FOR CLEAN HYDROGEN PROJECTS
;
(III) A
DDRESS THE APPROPRIATE ROLE OF INVESTOR -OWNED
UTILITIES IN THE PRODUCTION
, SALE, AND USE OF CLEAN HYDROGEN ,
INCLUDING WHETHER AND HOW COSTS MAY BE RECOVERED FROM
RATEPAYERS AND APPROPRIATE TREATMENT OF REVENUES FROM CLEAN
HYDROGEN SALES
;
(IV) A
DDRESS HOW INVESTOR -OWNED UTILITIES MAY USE
COMPETITIVE SOLICITATIONS IN A CLEAN HYDROGEN PROJECT AND ANY
LIMITATIONS FOR THE USE OF COMPETITIVE SOLICITATIONS TO DEVELOP THE
CLEAN HYDROGEN PROJECT
;
(V) E
STABLISH A REQUIREMENT THAT ANY PLANNED OR POTENTIAL
USE FOR THE CLEAN HYDROGEN IN BUILDINGS OR GAS DISTRIBUTION
SYSTEMS OF AN INVESTOR
-OWNED UTILITY BE PROPOSED TO AND APPROVED
BY THE COMMISSION THROUGH A CLEAN HEAT PLAN
, AS DEFINED IN SECTION
40-3.2-108 (2)(b); AND
(VI) ADDRESS WHAT IS REQUIRED IN AN APPLICATION BY AN
INVESTOR
-OWNED UTILITY FOR A CLEAN HYDROGEN PROJECT , SUBJECT TO
SUBSECTIONS
(4) AND (5) OF THIS SECTION, INCLUDING:
(A) A
COMPARISON OF A CLEAN HYDROGEN PROJECT TO
ALTERNATIVE PROJECTS
, INCLUDING AN ANALYSIS OF THE COSTS AND
BENEFITS OF THE CLEAN HYDROGEN PROJECT COMPARED TO ALTERNATIVE
PROJECTS
;
(B) A
DESCRIPTION OF HOW THE INVESTOR -OWNED UTILITY WILL
MEASURE AND TRACK THE ANNUAL AND CUMULATIVE LIFECYCLE
GREENHOUSE GAS EMISSIONS RATES AND THE EMISSION OF OTHER AIR
POLLUTANTS IN ACCORDANCE WITH THE RULES ADOPTED PURSUANT TO
SUBSECTION
(3)(a)(II) OF THIS SECTION;
(C) A
DESCRIPTION OF HOW THE INVESTOR -OWNED UTILITY WILL:
M
INIMIZE THE LIFECYCLE GREENHOUSE GAS EMISSIONS RATES OF THE CLEAN
HYDROGEN PROJECT
; CONDUCT LEAK DETECTION THROUGHOUT THE LIFE OF
PAGE 8-HOUSE BILL 23-1281 THE CLEAN HYDROGEN PROJECT ; AND CONDUCT A CUMULATIVE IMPACT
ANALYSIS OF THE CLEAN HYDROGEN PROJECT
;
(D) A
N ASSESSMENT OF THE ANNUAL WATER VOLUME THAT WILL BE
USED IN THE CLEAN HYDROGEN PROJECT
, INCLUDING THE SOURCE OF WATER
TO BE USED
;
(E) A
DESCRIPTION OF ANY PLANNED USES, INCLUDING POTENTIAL
END USES BY THE INVESTOR
-OWNED UTILITY'S CUSTOMERS, OF THE CLEAN
HYDROGEN PRODUCED THROUGH THE CLEAN HYDROGEN PROJECT
, WITH A
PREFERENCE FOR QUALIFIED USES
;
(F) A
DESCRIPTION OF ANY PLANNED SALES OF CLEAN HYDROGEN TO
NON
-UTILITY CUSTOMERS, WITH A PREFERENCE FOR QUALIFIED USES;
(G) A
DESCRIPTION OF THE PROPOSED METHOD OF COST RECOVERY
FOR THE CLEAN HYDROGEN PROJECT
, INCLUDING INFORMATION REGARDING
WHICH RATE CLASSES WILL COVER THE COSTS OF THE CLEAN HYDROGEN
PROJECT
;
(H) A
DESCRIPTION OF THE TOTAL REVENUE REQUIREMENT FOR THE
CLEAN HYDROGEN PROJECT
;
(I) A
DESCRIPTION OF THE RATE AND BILL IMPACTS OF THE CLEAN
HYDROGEN PROJECT
;
(J) A
DESCRIPTION OF ANY TARIFFS FOR THE SALE OF CLEAN
HYDROGEN PRODUCED BY THE CLEAN HYDROGEN PROJECT
;
(K) A
PROPOSAL FOR THE ALLOCATION OF REVENUES RECEIVED
FROM THE SALE OF CLEAN HYDROGEN PRODUCED BY THE CLEAN HYDROGEN
PROJECT TO NON
-UTILITY CUSTOMERS AMONG CUSTOMERS AND THE
INVESTOR
-OWNED UTILITY, INCLUDING WHICH PARTY BEARS THE RISK THAT
THE AMOUNT OF REVENUE ANTICIPATED FROM THE CLEAN HYDROGEN
PROJECT IS NOT ULTIMATELY RECEIVED
;
(L) A
CUMULATIVE IMPACT ANALYSIS FRAMEWORK ; AND
(M) IF THE INVESTOR-OWNED UTILITY PLANS TO USE A COMPETITIVE
SOLICITATION PROCESS AS PART OF THE CLEAN HYDROGEN PROJECT
, A
PAGE 9-HOUSE BILL 23-1281 DESCRIPTION OF HOW THE PLANNED COMPETITIVE SOLICITATION PROCESS
WILL BE USED AND IN WHAT CIRCUMSTANCES THE PROCESS WILL BE USED
.
(b) (I) T
HE RULES ADOPTED BY THE COMMISSION PURSUANT TO
SUBSECTION
(3)(a)(II) OF THIS SECTION MUST INCLUDE REQUIREMENTS FOR :
(A) T
HE MATCHING OF ELECTROLYZER ENERGY CONSUMPTION WITH
ELECTRICITY PRODUCTION ON AN HOURLY BASIS
, IF THE TECHNOLOGY IS
AVAILABLE
;
(B) I
DENTIFYING THE APPLICABLE ENERGY SOURCE , IF THE
INVESTOR
-OWNED UTILITY IS REPORTING THE ENERGY SOURCE AS RESULTING
IN ZERO EMISSIONS FOR CLEAN HYDROGEN PR ODUCTION AND
DEMONSTRATING THAT THE ELECTRICITY USED TO PRODUCE CLEAN
HYDROGEN COMES FROM RENEWABLE ENERGY THAT WOULD OTHERWISE
HAVE BEEN CURTAILED OR NOT DELIVERED TO LOAD OR FROM NEW ZERO
CARBON GENERATION THAT BEGAN PRODUCTION NO MORE THAN THIRTY
-SIX
MONTHS BEFORE THE START OF THE OPERATIONS OF THE ELECTROLYZER
;
AND
(C) THE DELIVERABILITY OF RENEWABLE ENERGY USED BY THE
ELECTROLYZER INTO THE SAME LOAD BALANCING AREA AS THE
ELECTROLYZER
.
(II) T
HE COMMISSION SHALL MAKE THE RULES ADOPTED BY THE
COMMISSION PURSUANT TO SUBSECTION
(3)(a)(II) OF THIS SECTION
EFFECTIVE NO LATER THAN
JANUARY 1, 2028, OR NO LATER THAN ONE YEAR
AFTER THE DEPLOYMENT OF HYDROGEN ELECTROLYZERS IN THE STATE
EXCEEDS TWO HUNDRED MEGAWATTS
, WHICHEVER IS EARLIER.
(c) (I) I
N DEVELOPING THE RULES PURSUANT TO SUBSECTION (3)(a)
OF THIS SECTION, THE COMMISSION SHALL CONSIDER THE POTENTIAL FOR
FEDERAL FUNDING FOR CLEAN HYDROGEN PROJECTS AND THAT CLEAN
HYDROGEN PROJECTS IMPLEMENTED BY INVESTOR
-OWNED UTILITIES MAY BE
NECESSARY TO SECURE FEDERAL FUNDING
.
(II) I
N DEVELOPING THE RULES PURSUANT TO SUBSECTION (3)(a)(II)
OF THIS SECTION, THE COMMISSION SHALL CONSIDER WHAT INFORMATION
AND MARKET MECHANISMS ARE NECESSARY AND AVAILABLE FOR HYDROGEN
PRODUCERS TO COMPLY WITH THE RULES
. IF THE FEDERAL INTERNAL
PAGE 10-HOUSE BILL 23-1281 REVENUE SERVICE ISSUES GUIDANCE THAT MEETS OR EXCEEDS THE RULES ,
THE COMMISSION SHALL ADOPT RULES THAT COMPLY WITH THE GUIDANCE .
(d) I
F THE OFFICE FILES THE NOTICE DESCRIBED IN SUBSECTION (3)(a)
OF THIS SECTION WITH THE COMMISSION , THE COMMISSION SHALL
COORDINATE WITH THE OFFICE TO DETERMINE AN APPROPRIATE DATE FOR
THE ADOPTION OF THE RULES DESCRIBED IN SUBSECTION
(3)(a) OF THIS
SECTION
.
(4) (a) T
HE COMMISSION SHALL ALLOW AN INVESTOR -OWNED
UTILITY TO PRESENT TO THE COMMISSION A STAND
-ALONE APPLICATION FOR
A CLEAN HYDROGEN PROJECT FOR WHICH AN INVESTOR
-OWNED UTILITY HAS
APPLIED FOR FEDERAL FUNDING AS PART OF A HYDROGEN HUB PROJECT AT
ANY TIME BEFORE
JUNE 1, 2024, UNLESS THE OFFICE FILES A NOTICE WITH
THE COMMISSION STATING THAT THE FEDERAL DEPARTMENT OF ENERGY HAS
EXTENDED OR OTHERWISE ALTERED THE DEADLINE REGARDING FUNDING FOR
A HYDROGEN HUB PROJECT
. THE APPLICATION MAY ONLY ADDRESS
ELEMENTS OF A HYDROGEN HUB PROJECT THAT ARE NOT LOCATED IN THE
DENVER METROPOLITAN AREA .
(b) T
HE APPLICATION PROCESS DESCRIBED IN SUBSECTION (4)(a) OF
THIS SECTION MUST BE CONSISTENT WITH THE REQUIREMENTS OF
SUBSECTION
(3) OF THIS SECTION. AN INVESTOR-OWNED UTILITY SEEKING
APPROVAL OF A CLEAN HYDROGEN PROJECT PURS UANT TO SUBSECTION
(4)(a)
OF THIS SECTION SHALL ALSO DEMONSTRATE THAT A TIME -SENSITIVE
REVIEW OF THE INVESTOR
-OWNED UTILITY'S APPLICATION IS NECESSARY
BASED ON THE TIMING REQUIREMENTS FOR OBTAINING NECESSARY FUNDING
,
NOT INCLUDING TAX CREDITS, FROM, OR A PARTNERSHIP WITH, A FEDERAL OR
STATE AGENCY FOR THE ACQUISITION OF NECESSARY FACILITIES AND THAT
THE FUNDING OR PARTNERSHIP CANNOT BE ACCOMPLISHED THROUGH ANY
PENDING OR FUTURE ELECTRIC RESOURCE PLANNING PROCESS
.
(c) I
F THE FUNDING OR PARTNERSHIP DESCRIBED IN SUBSECTION
(4)(b) OF THIS SECTION, INCLUDING ANY ASSOCIATED CONTRACTS , AWARDS,
OR TIMING REQUIREMENTS, ALLOWS FOR COMPETITIVE SOLICITATIONS AS
PART OF THE DEVELOPMENT OF THE CLEAN HYDROGEN PROJECT
, THE
COMMISSION MAY DIRECT THE INVESTOR
-OWNED UTILITY TO ISSUE A
SOLICITATION TO ACQUIRE THE NECESSARY PROJECTS OR FACILITIES FOR THE
CLEAN HYDROGEN PROJECT
. THE COMMISSION SHALL REVIEW ANY
APPROVED COMPETITIVE SOLICITATION PROCESS AND BIDS RECEIVED PRIOR
PAGE 11-HOUSE BILL 23-1281 TO THE INVESTOR-OWNED UTILITY'S ACQUISITION OF THE NECESSARY
FACILITIES FOR THE CLEAN HYDROGEN PROJECT
. AN INVESTOR-OWNED
UTILITY THAT FILED THE CLEAN HYDROGEN PROJECT APPLICATION PURS UANT
TO SUBSECTION
(4)(a) OF THIS SECTION MAY SUBMIT A BID IN RESPONSE TO
A SOLICITATION PURSUANT TO THIS SUBSECTION
(4)(c).
(5) (a) I
N REVIEWING, APPROVING, DENYING, OR AMENDING AN
APPLICATION PURSUANT TO THIS SECTION
, THE COMMISSION SHALL
CONSIDER
, AT A MINIMUM:
(I) W
HETHER IT IS IN THE PUBLIC INTEREST FOR AN INVESTOR-OWNED
UTILITY TO INVEST IN THE ELEMENTS OF THE CLEAN HYDROGEN PROJECT AS
SET FORTH IN THE APPLICATION
;
(II) T
HE POTENTIAL CONTRIBUTION OF THE CLEAN HYDROGEN
PROJECT IN MEETING THE GREENHOUSE GAS EMISSION REDUCTION GOALS
DESCRIBED IN SECTION
25-7-102 (2)(g), INCLUDING LIFECYCLE GREENHOUSE
GAS EMISSIONS RATES
;
(III) T
HE IMPACTS OF THE CLEAN HYDROGEN PROJECT COMPARED TO
ALTERNATIVE PROJECTS
, INCLUDING:
(A) R
ATE AND BILL IMPACTS;
(B) T
HE IMPACTS ON RATE STABILITY; AND
(C) ANY OTHER IMPACTS IDENTIFIED BY THE COMMISSION PURSUANT
TO THIS SUBSECTION
(5)(a);
(IV) T
HE USE OF COMPETITIVE SOLICITATIONS, IF ANY;
(V) I
F THE CLEAN HYDROGEN PROJECT CONTEMPLATES THE SALE OF
CLEAN HYDROGEN
, THE POTENTIAL FOR CROSS-SUBSIDIZATION AND COST
SHIFTING ACROSS RATE CLASSES
;
(VI) T
HE IMPACTS OF THE CLEAN HYDROGEN PROJECT ON THE
UTILITY WORKFORCE IN THE STATE
, INCLUDING THE USE OF "BEST VALUE"
EMPLOYMENT METRICS PURSUANT TO SECTION 40-2-129;
(VII) T
HE IMPACTS OF THE CLEAN HYDROGEN PROJECT ON A
PAGE 12-HOUSE BILL 23-1281 COMMUNITY'S TAX BASE AND REVENUES;
(VIII) T
HE USES OF THE CLEAN HYDROGEN PRODUCED BY THE CLEAN
HYDROGEN PROJECT
, WITH A PREFERENCE FOR QUALIFIED USES;
(IX) T
HE PUBLIC HEALTH AND SAFETY IMPACTS OF THE CLEAN
HYDROGEN PROJECT
; AND
(X) THE AVAILABILITY OF FEDERAL FUNDING FOR THE CLEAN
HYDROGEN PROJECT
.
(b) T
HE COMMISSION SHALL REVIEW ANY CLEAN HYDROGEN PROJECT
APPLICATION SUBMITTED PURSUANT TO THIS SECTION IN ACCORDANCE WITH
ANY APPLICABLE ELECTRIC RESOURCE PLANNING RULES
.
(c) I
N REVIEWING, APPROVING, DENYING, OR AMENDING AN
APPLICATION PURSUANT TO THIS SECTION
, IF THE CLEAN HYDROGEN PROJECT
IS PROPOSED TO BE SITED IN AN AREA THAT WOULD AFFECT A
DISPROPORTIONATELY IMPACTED COMMUNITY
, THE COMMISSION SHALL
WEIGH THE APPLICANT
'S CUMULATIVE IMPACTS ANALYSIS AND DETERMINE
WHETHER
, ON BALANCE, THE CLEAN HYDROGEN PROJECT WILL HAVE A
POSITIVE EFFECT ON THE DISPROPORTIONATELY IMPACTED COMMUNITY
. ANY
PROPOSAL THAT WILL HAVE NET NEGATIVE CUMULATIVE IMPACTS ON ANY
DISPROPORTIONATELY IMPACTED COMMUNITY MUST BE DENIED
. THE
COMMISSION
'S DETERMINATION MUST INCLUDE A PLAIN LANGUAGE
SUMMARY OF ITS DETERMINATION
.
(6) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
CONTRARY
, AN INVESTOR-OWNED UTILITY SHALL PROVIDE NOTICE TO THE
COMMISSION OF ANY APPLICATION FOR FEDERAL FUNDING AS PART OF A
HYDROGEN HUB PROJECT
, INCLUDING:
(a) A
NY HYDROGEN HUB PROJECT MILESTONES ;
(b) A
DESCRIPTION OF ANY DEADLINES FOR SUBMISSION OF
MATERIALS TO SUPPORT THE APPLICATION
, INCLUDING WHETHER ANY
ADDITIONAL FILINGS WILL BE REQUIRED
; AND
(c) TO THE EXTENT KNOWN OR CONSISTENT WITH ANY
REQUIREMENTS OR LIMITATIONS OF THE FEDERAL DEPARTMENT OF ENERGY
PAGE 13-HOUSE BILL 23-1281 OR ANY RELATED JOINT MEMORANDUMS OF UNDERSTANDING OR OTHER
CONTRACTS ENTERED INTO BY THE INVESTOR
-OWNED UTILITY AND THE
STATE
, INFORMATION REGARDING WHEN FUNDING AWARDS WILL BE
DETERMINED
.
(7) (a) A
N INVESTOR-OWNED UTILITY THAT OPERATES A CLEAN
HYDROGEN PROJECT APPROVED PURSUANT TO THIS SECTION SHALL SUBMIT
TO THE COMMISSION AN ANNUAL REPORT THAT SHOWS
:
(I) T
HE LIFECYCLE GREENHOUSE GAS EMISSIONS RATES FROM THE
CLEAN HYDROGEN PROJECT
;
(II) T
HE GREENHOUSE GAS EMISSIONS FROM THE CLEAN HYDROGEN
PROJECT
;
(III) A
NY EMISSION OF OTHER AIR POLLUTANTS FROM THE CLEAN
HYDROGEN PROJECT
;
(IV) T
HE WATER USE OF THE CLEAN HYDROGEN PROJECT ;
(V) P
RODUCTION VOLUMES AND SALES OF HYDROGEN , INCLUDING
TYPES OF CUSTOMERS AND USES
;
(VI) P
ROJECT DEVELOPMENT AND COST UPDATES FOR PROJECTS WITH
COST RECOVERY FROM RATEPAYERS
; AND
(VII) NET CUMULATIVE IMPACT UPDATES FOR PROJECTS LOCATED IN
DISPROPORTIONATELY IMPACTED COMMUNITIES
.
(b) I
F THE CLEAN HYDROGEN PROJECT INCLUDES THE PRODUCTION
AND THE USE OR CONSUMPTION OF CLEAN HYDROGEN BY THE
INVESTOR
-OWNED UTILITY, THE INVESTOR-OWNED UTILITY SHALL REPORT
THE LIFECYCLE GREENHOUSE GAS EMISSIONS RATES OF THE CLEAN
HYDROGEN PROJECT SEPARATELY BY EACH PRODUCTION FACILITY AND USE
.
(c) T
HE ANNUAL REPORT MUST INCLUDE INFORMATION THAT ALLOWS
THE OFFICE TO MAKE THE VERIFICATIONS REQUIRED PURSUANT TO SECTION
39-22-557 (4)(a)(II).
SECTION 3. In Colorado Revised Statutes, add 39-22-557 as
PAGE 14-HOUSE BILL 23-1281 follows:
39-22-557. Clean hydrogen tax credit - qualified uses - tax
preference performance statement - definitions - legislative declaration
- repeal. (1) (a) I
N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH
REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE
A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY
LEGISLATIVE DECLARATION
, THE GENERAL ASSEMBLY FINDS AND DECLARES
THAT THE PURPOSE OF THE TAX CREDIT PROVIDED IN THIS SECTION IS TO
INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS
. SPECIFICALLY, THE
TAX EXPENDITURE IS INTENDED TO PROVIDE TAX RELIEF FOR CERTAIN
BUSINESSES OR INDIVIDUALS FOR PURPOSES OF ENCOURAGING THEM TO
ENGAGE IN CERTAIN QUALIFIED USES OF CLEAN HYDROGEN
.
(b) T
HE GENERAL ASSEMBLY AND THE STATE AUDITOR SHALL
MEASURE THE EFFECTIVENESS OF THE CREDIT IN ACHIEVING THE PURPOSE
SPECIFIED IN SUBSECTION
(1)(a) OF THIS SECTION BASED ON THE
INFORMATION REQUIRED TO BE MAINTAINED BY AND REPORTED TO THE
STATE AUDITOR BY THE OFFICE PURSUANT TO SUBSECTION
(4)(b) OF THIS
SECTION
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "C
LEAN HYDROGEN" HAS THE MEANING SET FORTH IN SECTION
40-2-138 (1)(a).
(b) "D
EPARTMENT" MEANS THE DEPARTMENT OF REVENUE .
(c) "H
ARD TO DECARBONIZE END USE" HAS THE MEANING SET FORTH
IN SECTION
40-2-138 (1)(e).
(d) "L
IFECYCLE GREENHOUSE GAS EMISSIONS RATE " MEANS
LIFECYCLE GREENHOUSE GAS EMISSIONS
, AS DEFINED IN 26 U.S.C. SEC. 45V
(c)(1)(A),
AS AMENDED, MEASURED IN ACCORDANCE WITH ANY APPLICABLE
FEDERAL INTERNAL REVENUE SERVICE REGULATIONS OR GUIDANCE
, SUBJECT
TO THE RULES ADOPTED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO
SECTION
40-2-138 (3)(a)(I).
(e) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN
PAGE 15-HOUSE BILL 23-1281 SECTION 24-38.5-101.
(f) "Q
UALIFIED USE" HAS THE MEANING SET FORTH IN SECTION
40-2-138 (1)(i).
(g) "T
AXPAYER" MEANS A PERSON SUBJECT TO TAX PURSUANT TO
THIS ARTICLE
22 OR A PERSON OR POLITICAL SUBDIVISION OF THE STATE
THAT IS EXEMPT FROM TAX PURSUANT TO SECTION
39-22-112 (1).
(h) "T
IER ONE GREENHOUSE GAS EMISSIONS RATE " MEANS A
QUALIFIED USE OF HYDROGEN THAT RESULTS IN LIFECYCLE GREENHOUSE GAS
EMISSIONS RATES THAT ARE WITHIN THE RANGE SET FORTH IN
26 U.S.C. SEC.
45V (b)(2)(D),
AS AMENDED.
(i) "T
IER TWO GREENHOUSE GAS EMISSIONS RATE " MEANS A
QUALIFIED USE OF HYDROGEN THAT RESULTS IN LIFECYCLE GREENHOUSE GAS
EMISSIONS RATES THAT ARE WITHIN THE RANGE SET FORTH IN
26 U.S.C. SEC.
45V (b)(2)(C),
AS AMENDED.
(3) (a) S
UBJECT TO THE LIMITATIONS SET FORTH IN SUBSECTION
(3)(b) OF THIS SECTION, FOR INCOME TAX YEARS COMMENCING ON OR AFTER
JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2033, A TAXPAYER IS ALLOWED
A CREDIT AGAINST THE INCOME TAXES IMPOSED BY THIS ARTICLE
22 IN AN
AMOUNT EQUAL TO
:
(I) O
NE DOLLAR PER KILOGRAM OF CLEAN HYDROGEN USED FOR A
QUALIFIED USE THAT RESULTS IN A TIER ONE GREENHOUSE GAS EMISSIONS
RATE IN THE INCOME TAX YEAR
; OR
(II) THIRTY-THREE CENTS PER KILOGRAM OF CLEAN HYDROGEN USED
FOR A QUALIFIED USE THAT RESULTS IN A TIER TWO GREENHOUSE GAS
EMISSIONS RATE IN THE INCOME TAX YEAR
.
(b) I
N ORDER TO CLAIM THE CREDIT, THE TAXPAYER MUST ANNUALLY
APPLY FOR AND RECEIVE A TAX CREDIT CERTIFICATE FROM THE OFFICE
PURSUANT TO SUBSECTION
(4) OF THIS SECTION. IF THE OFFICE DETERMINES
THAT AN APPLICANT IS NOT ENTITLED TO A TAX CREDIT CERTIFICATE UNDER
THIS SECTION
, THE OFFICE SHALL NOTIFY THE APPLICANT OF ITS
DISAPPROVAL IN WRITING
.
PAGE 16-HOUSE BILL 23-1281 (c) (I) FOR INCOME TAX YEARS COMMENCING ON AND AFTER
JANUARY 1, 2024, BUT BEFORE JANUARY 1, 2026, AND NOT BEFORE THE
PUBLIC UTILITIES COMMISSION ADOPTS RULES PURSUANT TO SECTION
40-2-138 (3)(a)(I), THE OFFICE SHALL NOT ISSUE A TAX CREDIT CERTIFICATE
TO A TAXPAYER INDICATING ELIGIBILITY FOR A TAX CREDIT FOR AN AMOUNT
EXCEEDING ONE MILLION DOLLARS IN A TAX YEAR
.
(II) F
OR INCOME TAX YEARS COMMENCING ON AND AFTER JANUARY
1, 2026, BUT BEFORE JANUARY 1, 2029, THE OFFICE SHALL NOT ISSUE A TAX
CREDIT CERTIFICATE TO A TAXPAYER INDICATING ELIGIBILITY FOR A TAX
CREDIT FOR AN AMOUNT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS IN
A TAX YEAR
.
(III) F
OR INCOME TAX YEARS COMMENCING ON AND AFTER JANUARY
1, 2029, BUT BEFORE JANUARY 1, 2033, THE OFFICE SHALL NOT ISSUE A TAX
CREDIT CERTIFICATE TO A TAXPAYER INDICATING ELIGIBILITY FOR A TAX
CREDIT FOR AN AMOUNT EXCEEDING TWO HUNDRED FIFTY THOUSAND
DOLLARS IN A TAX YEAR
.
(4) (a) (I) A
TAXPAYER SHALL SUBMIT AN APPLICATION TO THE
OFFICE FOR A TAX CREDIT CERTIFICATE TO CLAIM THE CREDIT ALLOWED BY
THIS SECTION ON A FORM AND IN A MANNER PRESCRIBED BY THE OFFICE
. THE
APPLICATION MUST INCLUDE INFORMATION TO ALLOW THE OFFICE TO MAKE
A DETERMINATION THAT THE USE IS A QUALIFIED USE AND THAT THE
HYDROGEN USED MEETS THE DEFINITION OF CLEAN HYDROGEN PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION AND TO VERIFY THE AMOUNT FOR WHICH
THE TAX CREDIT CERTIFICATE IS APPLIED
. A TAXPAYER IS ENTITLED TO
RECEIVE ONE TAX CREDIT CERTIFICATE PER INCOME TAX YEAR
.
(II) T
HE APPLICATION DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS
SECTION MUST ALSO INCLUDE VERIFICATION FROM THE HYDROGEN
PRODUCER PASSED TO THE USER AT THE POINT OF SALE THAT THE HYDROGEN
USED MEETS THE DEFINITION OF CLEAN HYDROGEN PURSUANT TO
SUBSECTION
(2)(a) OF THIS SECTION.
(b) (I) T
HE OFFICE SHALL MAINTAIN A DATABASE OF ANY
INFORMATION DETERMINED NECESSARY BY THE OFFICE TO EVALUATE THE
EFFECTIVENESS OF THE INCOME TAX CREDIT ALLOWED IN THIS SECTION IN
MEETING THE PURPOSE SET FORTH IN SUBSECTION
(1)(a) OF THIS SECTION
AND SHALL PROVIDE SUCH INFORMATION
, AND ANY OTHER INFORMATION
PAGE 17-HOUSE BILL 23-1281 THAT MAY BE NEEDED, IF AVAILABLE, TO THE STATE AUDITOR AS PART OF
THE STATE AUDITOR
'S EVALUATION OF THIS TAX EXPENDITURE REQUIRED BY
SECTION
39-21-305.
(II) T
HE OFFICE SHALL, IN A SUFFICIENTLY TIMELY MANNER TO
ALLOW THE DEPARTMENT TO PROCESS RETURNS CLAIMING THE INCOME TAX
CREDIT ALLOWED IN THIS SECTION
, PROVIDE THE DEPARTMENT WITH AN
ELECTRONIC REPORT FOR THE PRECEDING TAX YEAR LISTING EACH
TAXPAYER TO WHICH THE OFFICE ISSUED A TAX CREDIT CERTIFICATE AND
THAT INCLUDES THE FOLLOWING INFORMATION
:
(A) T
HE TAXPAYER'S NAME;
(B) T
HE AMOUNT OF THE INCOME TAX CREDIT THAT THE CERTIFICATE
INDICATES THE TAXPAYER IS ELIGIBLE TO CLAIM
; AND
(C) THE TAXPAYER'S SOCIAL SECURITY NUMBER OR THE TAXPAYER 'S
COLORADO ACCOUNT NUMBER AND FEDERAL EMPLOYER IDENTIFICATION
NUMBER
.
(III) T
HE OFFICE SHALL DEVELOP STANDARDS FOR THE QUALIFIED
USES FOR WHICH AN INCOME TAX CREDIT UNDER THIS SECTION IS ALLOWED
.
T
HE OFFICE SHALL POST THE STANDARDS ON THE OFFICE 'S WEBSITE.
(5) I
N ORDER TO CLAIM THE CREDIT AUTHORIZED BY THIS SECTION ,
A TAXPAYER SHALL FILE THE TAX CREDIT CERTIFICATE WITH THE
TAXPAYER
'S STATE INCOME TAX RETURN, AND, IF THE TAXPAYER IS EXEMPT
FROM TAX PURSUANT TO SECTION
39-22-112 (1), THE TAXPAYER SHALL FILE
A RETURN PURSUANT TO SECTION
39-22-601 (7)(b). THE AMOUNT OF THE
CREDIT THAT THE TAXPAYER MAY CLAIM PURSUANT TO THIS SECTION IS THE
AMOUNT STATED ON THE TAX CREDIT CERTIFICATE
.
(6) I
F AN INCOME TAX CREDIT AUTHORIZED IN THIS SECTION EXCEEDS
THE INCOME TAX DUE ON THE INCOME OF THE TAXPAYER FOR THE TAXABLE
YEAR
, THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE
REFUNDED TO THE TAXPAYER
.
(7) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2036.
SECTION 4. Appropriation. (1) For the 2023-24 state fiscal year,
PAGE 18-HOUSE BILL 23-1281 $360,758 is appropriated to the department of reguatory agencies for use by
the public utilities commission. This appropriation is from the public
utilities commission fixed utility fund created in section 40-2-114 (1)(b)(II),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $241,532 for use by the public utilites commission for personal
services, which amount is based on an assumption that the commission will
require an additional 3.0 FTE;
(b) $24,060 for use by the public utilities commission for operating
expenses; and
(c) $95,166 for legal services.
(2) For the 2023-24 state fiscal year, $95,166 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.5 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
(3) For the 2023-24 state fiscal year, $12,861 is appropriated to the
department of revenue for use by taxation services. This appropriation is
from the general fund. To implement this act, the division may use this
appropriation for the purchase of document management services.
(4) For the 2023-24 state fiscal year, $12,861 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of revenue under subsection (3) of this
section. To implement this act, the department of personnel may use this
appropriation to provide document management services for the department
of revenue.
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
PAGE 19-HOUSE BILL 23-1281 within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 20-HOUSE BILL 23-1281