SENATE BILL 23-016
BY SENATOR(S) Hansen, Buckner, Cutter, Danielson, Exum, Fields,
Gonzales, Jaquez Lewis, Kolker, Marchman, Moreno, Priola, Rodriguez,
Winter F., Fenberg;
also REPRESENTATIVE(S) McCormick and Sirota, Amabile, Bacon,
Boesenecker, Brown, deGruy Kennedy, Dickson, English, Epps, Froelich,
Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay,
Lindstedt, Mabrey, McLachlan, Ricks, Sharbini, Titone, Valdez, Velasco,
Vigil, Weissman, Willford, Woodrow, Story, Garcia, Michaelson Jenet,
Ortiz, Parenti, McCluskie.
C
ONCERNING MEASURES TO PROMOTE REDUCTIONS IN GREENHOUSE GAS
EMISSIONS IN
COLORADO, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 10-3-244 as
follows:
10-3-244. Climate risk disclosure - insurer participation - rules
- reporting - definition. (1) T
HE COMMISSIONER SHALL ADOPT RULES
REQUIRING THAT
, BEGINNING IN 2024, AN INSURER ISSUED A CERTIFICATE OF
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. AUTHORITY TO TRANSACT BUSINESS PURSUANT TO PART 1 OF THIS ARTICLE
3 THAT REPORTS MORE THAN ONE HUNDRED MILLION DOLLARS ON ITS
ANNUAL
NAIC SCHEDULE T FILING, OR SUCH OTHER THRESHOLD DOLLAR
AMOUNT THAT THE
NAIC ESTABLISHES IN SUBSEQUENT YEARS , MUST
PARTICIPATE IN AND COMPLETE THE
NAIC'S ANNUAL "INSURER CLIMATE
RISK DISCLOSURE SURVEY", OR SUCH OTHER SURVEY OR REPORTING
MECHANISM THAT THE
NAIC ADOPTS IN SUBSEQUENT YEARS. IF AN INSURER
REPORTS LESS THAN ONE HUNDRED MILLION DOLLARS ON ITS ANNUAL
NAIC
SCHEDULE T FILING, OR SUCH OTHER THRESHOLD DOLLAR AMOUNT THAT THE
NAIC ESTABLISHES IN SUBSEQUENT YEARS, THE INSURER MAY PARTICIPATE
IN AND COMPLETE THE SURVEY VOLUNTARILY
.
(2) A
S USED IN THIS SECTION, "NAIC" MEANS THE NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONERS, AN ORGANIZATION OF
INSURANCE REGULATORS FROM THE FIFTY STATES OF THE
UNITED STATES,
THE DISTRICT OF COLUMBIA, AND FIVE UNITED STATES TERRITORIES.
SECTION 2. In Colorado Revised Statutes, 24-38.5-102 amend (1)
as follows:
24-38.5-102. Colorado energy office - duties and powers. (1) The
Colorado energy office shall:
(a) Work with communities, utilities,
AND private and public
organizations and individuals to promote
TO:
(I) S
UPPORT ACHIEVING LEGISLATIVE GOALS TO REDUCE STATEWIDE
GREENHOUSE GAS POLLUTION
, AS DEFINED IN SECTION 25-7-103 (22.5);
(II) M
AKE PROGRESS TOWARD ELIMINATING GREENHOUSE GAS
POLLUTION FROM ELECTRICITY GENERATION
, GAS UTILITIES, AND
TRANSPORTATION
;
(I)
(III) IMPLEMENT the renewable energy standard established in
section 40-2-124;
(II) (IV) Clean and SUPPORT THE DEPLOYMENT OF renewable energy,
such as wind, hydroelectricity, solar,
CLEAN HYDROGEN, and geothermal;
(III)
(V) EVALUATE, AND WHEN APPROPRIATE , SUPPORT THE
PAGE 2-SENATE BILL 23-016 DEPLOYMENT OF cleaner energy sources such as biogas, biomass, and CLEAN
HYDROGEN
, GEOTHERMAL, RECOVERED METHANE, RECOVERED HEAT, AND
ADVANCED
nuclear;
(IV) Traditional energy sources such as oil and other petroleum
products, coal, propane, and natural gas;
(V) (VI) SUPPORT THE DEPLOYMENT OF energy efficiency AND
ENERGY LOAD MANAGEMENT
technologies and practices;
(VI) Cleaner technologies by utilizing traditional, Colorado-sourcedenergy;
(VII) New EVALUATE, AND WHERE APPROPRIATE , SUPPORT THE
DEPLOYMENT OF INNOVATIVE
energy technologies as described in section
40-2-123; and
(VIII) SUPPORT THE DEPLOYMENT OF energy storage systems,
INCLUDING BOTH LONG-DURATION AND SHORT-DURATION ENERGY STORAGE;
(IX) S
UPPORT THE IMPLEMENTATION OF CLEAN HEAT PLANS
PURSUANT TO SECTION
40-3.2-108;
(X) S
UPPORT WIDESPREAD TRANSPORTATION ELECTRIFICATION ;
(XI) S
UPPORT BENEFICIAL ELECTRIFICATION, AS DEFINED IN SECTION
40-1-102 (1.2) IN THE BUILDING, INDUSTRIAL, AND OIL AND GAS SECTORS;
(XII) S
UPPORT INDUSTRIAL EMISSIONS REDUCTIONS ;
(XIII) S
UPPORT POLLUTION REDUCTION THROUGH CARBON CAPTURE
AND SEQUESTRATION AND OTHER FORMS OF CARBON MANAGEMENT
; AND
(XIV) SUPPORT SUSTAINABLE LAND-USE PATTERNS THAT REDUCE
ENERGY CONSUMPTION AND GREENHOUSE GAS POLLUTION
.
(b) Develop programs to promote high performance
REDUCE
ENERGY USE AND GREENHOUSE GAS POLLUTION FROM
buildings for
IN
commercial and residential markets;
PAGE 3-SENATE BILL 23-016 (c) Make SUPPORT EFFORTS TO REDUCE GREENHOUSE GAS
POLLUTION BY
state government more
THROUGH energy efficient
EFFICIENCY, LOAD MANAGEMENT, RENEWABLE ENERGY, TRANSPORTATION
ELECTRIFICATION
, AND CLEANER PROCUREMENT ;
(d) Promote technology transfer and economic development;
(e) Advance innovative energy efficiency, renewable energy, and
efficiency throughout the state as specified in sections 24-38.5-102.4 and
24-38.5-102.5;
(f) to (i) Repealed.
(j) (e) Ensure that information explaining the requirements of
SUPPORT THE ADOPTION AND IMPLEMENTATION OF ADVANCED energy codes
is available THAT REDUCE ENERGY USE AND GREENHOUSE GAS EMISSIONS
and provide INFORMATION AND technical assistance concerning the
implementation and enforcement of energy codes to both counties and
municipalities,
INCLUDING as specified in sections 30-28-211 (7)
24-38.5-103, 24-38.5-401, 24-38.5-402, and 31-15-602 (7); C.R.S.;
(k) (f) Collaborate with the state board of land commissioners
regarding renewable energy resource development as specified in section
36-1-147.5 (4); C.R.S.;
(l) (g) Provide home energy efficiency improvements for
low-income households,
INCLUDING THROUGH THE WEATHERIZATION
ASSISTANCE PROGRAM
, as specified in section 40-8.7-112 (3)(b); C.R.S.,
and prepare and submit to the general assembly an annual report as
specified in section 40-8.7-112 (3)(f), C.R.S.;
(m) Establish and manage a program to improve energy efficiency
in public schools as provided in section 39-29-109.5, C.R.S.;
(n) (I) Provide public utilities with reasonable assistance, if
requested, in seeking and obtaining support and sponsorship for an IGCC
project and manage and distribute to the utility some or all of any funds
provided by the state or by the United States government to the state for
purposes of study or development of an IGCC project.
PAGE 4-SENATE BILL 23-016 (II) As used in this subsection (1)(n), "IGCC project" means an
IGCC facility that:
(A) Demonstrates the use of IGCC technology to generate electricity
using Colorado or other western coal;
(B) Does not exceed three hundred fifty megawatts nameplate
capacity; except that it may exceed this capacity if the Colorado energy
office determines that a larger size is necessary to obtain the benefits of
federal cost sharing, financial grants or tax benefits, or other financial
opportunities or arrangements benefitting the project, including
opportunities to jointly develop the project with other electric utilities;
(C) Demonstrates the capture and sequestration of a portion of the
project's carbon dioxide emissions;
(D) Includes methods and procedures to monitor the fate of the
carbon dioxide captured and sequestered from the facility; and
(E) Is located in Colorado.
(III) As used in this subsection (1)(n), "IGCC facility" means an
integrated gasification combined cycle generation facility that converts coal
to a gaseous fuel from which impurities are removed prior to combustion,
uses the gaseous fuel in a combustion turbine to produce electricity, and
captures the waste heat from the combustion turbine to drive a steam turbine
to produce more electricity. An IGCC facility may also use natural gas, in
addition to gasified coal, as a fuel in the combustion turbine.
(o) (h) Collaborate with stakeholders to develop and encourage
increased utilization of energy curricula, including science, technology,
engineering, and math curricula, that will serve the work force
WORKFORCE
needs of all CLEAN energy industries. Such collaboration may include
executive departments, research institutions, state colleges, community
colleges, industry, and trade organizations in an effort to develop a means
by which the state may address all facets of work force
WORKFORCE
demands in developing a balanced energy portfolio SUPPORTING A CLEAN
ENERGY FUTURE
. Institutions may also partner in the development of
curricula with organizations that have existing energy curricula and training
programs.
PAGE 5-SENATE BILL 23-016 (p) (i) Annually report to the senate agriculture, natural resources,
TRANSPORTATION and energy committee and the house agriculture,
livestock, and natural resources ENERGY AND ENVIRONMENT committee, or
their successor committees;
(q) (j) Administer the electric vehicle grant fund CREATED IN
SECTION
24-38.5-103 (1)(a) AND THE COMMUNITY ACCESS ENTERPRISE
CREATED IN SECTION
24-38.5-303 (1);
(r) and (s) Repealed. (t) (k) Assist the executive director of the department of local affairs
in allocating revenues from the geothermal resource leasing fund to eligible
entities pursuant to section 34-63-105; C.R.S.;
(u) (l) Develop basic consumer education or guidance about leased
solar installation and purchased solar installation in consultation with
industries that offer these options to consumers;
AND
(v) (m) In consultation with the appropriate industries, develop basic
consumer education or guidance about purchased or, if available, leased
installation of a system that uses geothermal energy for water heating or
space heating or cooling in a single building or for space heating for more
than one building through a pipeline network.
SECTION 3. In Colorado Revised Statutes, amend 24-51-220 as
follows:
24-51-220. Reporting to general assembly - inclusion of climate
risk assessment in annual stewardship report. (1) The association shall
provide
SUBMIT a report to the general assembly on January 1, 2016, and
every five years thereafter, regarding the economic impact of the 2010
legislative changes to the annual increase provisions on the retirees and
benefit recipients as compared to the actual rate of inflation and the
progress made toward eliminating the unfunded liabilities of each division
of the association.
(2) O
N AND AFTER JANUARY 1, 2025, THE ASSOCIATION SHALL
INCLUDE
, AS PART OF ITS ANNUAL INVESTMENT STEWARDSHIP REPORT OR
ANY SUCCESSOR ANNUAL REPORT REGARDING THE ASSOCIATION
'S
PAGE 6-SENATE BILL 23-016 INVESTMENTS THAT THE ASSOCIATION POSTS ON ITS WEBSITE OR OTHERWISE
MAKES AVAILABLE TO THE PUBLIC
, A DESCRIPTION OF:
(a) T
HE ASSOCIATION 'S PROCESS FOR IDENTIFYING
CLIMATE
-CHANGE-RELATED RISKS AND ASSESSING THE FINANCIAL IMPACT
THAT THE CLIMATE
-CHANGE-RELATED RISKS HAVE ON THE ASSOCIATION 'S
OPERATIONS
;
(b) T
HE CURRENT OR ANTICIPATED FUTURE RISKS THAT CLIMATE
CHANGE POSES TO THE ASSOCIATION
'S INVESTMENT PORTFOLIO, THE IMPACT
THAT CLIMATE CHANGE HAS ON THE ASSOCIATION
'S INVESTMENT
STRATEGIES
, AND ANY STRATEGY CHANGES THAT THE ASSOCIATION HAS
IMPLEMENTED IN RESPONSE TO SUCH IMPACT
;
(c) A
CTIONS THAT THE ASSOCIATION IS TAKING TO MANAGE THE
RISKS THAT CLIMATE CHANGE POSES TO THE ASSOCIATION
'S OPERATIONS;
AND
(d) THE ASSOCIATION'S USE AND CONSIDERATION OF ANY
CLIMATE
-RELATED REPORTING THAT THE FEDERAL SECURITIES AND
EXCHANGE COMMISSION REQUIRES
.
SECTION 4. In Colorado Revised Statutes, 25-6.5-201, amend (2);
and add (3) as follows:
25-6.5-201. Definitions. As used in this part 2, unless the context
otherwise requires:
(2) (a) "Pollution control equipment" means any personal property,
including but not limited to,
equipment, machinery, devices, systems,
buildings, or structures, that is installed, constructed, or used in or as a part
of a facility that creates a product in a manner that generates less pollution
by the utilization of an alternative manufacturing or generating technology.
(b) "Pollution control equipment" includes: but is not limited to,
(I) Gas or wind turbines and associated compressors or equipment; (II) Solar, thermal, or photovoltaic equipment; or
PAGE 7-SENATE BILL 23-016 (III) Equipment used as part of a system that uses geothermal energy
for water heating or space heating or cooling in a single building, for space
heating for more than one building through a pipeline network, or for
electricity generation;
OR
(IV) WASTEWATER THERMAL ENERGY EQUIPMENT .
(3) "W
ASTEWATER THERMAL ENERGY EQUIPMENT " MEANS
EQUIPMENT USED AS PART OF A SYSTEM THAT USES THERMAL ENERGY IN
WASTEWATER
, TO HEAT OR COOL A SPACE , OR FOR ANY OTHER USEFUL
THERMAL PURPOSE THAT REDUCES GREENHOUSE GAS EMISSIONS FROM THE
COMBUSTION OF GAS IN CUSTOMER END USES
.
SECTION 5. In Colorado Revised Statutes, 25-7-114.7, amend
(2)(a)(VII) as follows:
25-7-114.7. Emission fees - fund - rules - definition - repeal.
(2) (a) (VII) The commission shall establish, by rule, a fee per ton of
greenhouse gas, in the form of carbon dioxide equivalent, that was reported
in the most recent air pollutant emission notice on file with the division,
OR
THAT WAS REPORTED TO THE DIVISION PURSUANT TO SECTION
25-7-140
(2)(a)(I), in an amount that is sufficient to cover the indirect and direct costs
required to develop and administer the programs established pursuant to this
article 7 that pertain to emissions of greenhouse gas. The commission may
set thresholds of reported greenhouse gas below which no such fee shall be
assessed. No more frequently than annually, the commission may adjust the
fee for greenhouse gas by rule to cover the indirect and direct costs required
to develop and administer the programs established pursuant to this article
7 that pertain to emissions of greenhouse gas.
SECTION 6. In Colorado Revised Statutes, 25-7-142, amend
(8)(c)(I) introductory portion and (8)(c)(II) introductory portion as follows:
25-7-142. Energy benchmarking - data collection and access -
utility requirements - task force - rules - reports - definitions -
legislative declaration - repeal. (8) (c) (I) If at least two-thirds of the
members appointed to the task force agree on recommendations pursuant
to subsection (8)(a)(I) of this section, and the director of the office in
consultation with the division determines that the recommendations meet
the greenhouse gas emission reduction requirements set forth in subsection
PAGE 8-SENATE BILL 23-016 (8)(a)(II) of this section, the division shall, on or before January 31, 2023,
request that the commission publish a notice of proposed rule-making to
adopt rules to implement performance standards. On or before June 1, 2023
SEPTEMBER 1, 2023, the commission, upon careful consideration of the
recommendations of the task force as presented by the division, shall
promulgate rules to establish performance standards. The commission shall
also adopt rules regarding waivers and extensions of time regarding the
performance standard requirements. The commission's rules must include
a provision that an owner of a public building need only comply with
performance standards with regard to work on a construction or renovation
project that:
(II) If two-thirds of the members of the task force cannot agree on
recommendations or if the director of the office in consultation with the
commission determines that the task force's recommendations do not meet
the greenhouse gas emission reduction requirements set forth in subsection
(8)(a)(II) of this section, the commission, on or before June 1, 2023
SEPTEMBER 1, 2023, shall, by rule, adopt performance standards that meet
the greenhouse gas emission reduction requirements set forth in subsection
(8)(a)(II) of this section. The commission shall also adopt rules regarding
waivers and extensions of time regarding the performance standard
requirements. The commission's rules must include a provision that an
owner of a public building need only comply with performance standards
with regard to work on a construction or renovation project that:
SECTION 7. In Colorado Revised Statutes, 40-3.2-108, amend
(2)(c)(V); and add (2)(c)(V.8) and (2)(u) as follows:
40-3.2-108. Clean heat targets - legislative declaration -
definitions - plans - rules - reports. (2) Definitions. As used in this
section, unless the context otherwise requires:
(c) "Clean heat resource" means any one or a combination of:
(V) Pyrolysis of tires if the pyrolysis meets a recovered methane
protocol; and
(V.8) WASTEWATER THERMAL ENERGY ; AND
(u) "WASTEWATER THERMAL ENERGY " MEANS A SYSTEM THAT USES
PAGE 9-SENATE BILL 23-016 THERMAL ENERGY IN WASTEWATER , TO HEAT OR COOL A SPACE, OR FOR ANY
OTHER USEFUL THERMAL PURPOSE THAT REDUCES GREENHOUSE GAS
EMISSIONS FROM THE COMBUSTION OF GAS IN CUSTOMER END USES
.
SECTION 8. In Colorado Revised Statutes, 25-7-102, amend
(2)(g) as follows:
25-7-102. Legislative declaration. (2) It is further declared that:
(g) (I) Accordingly, Colorado shall strive to increase renewable
energy generation and eliminate statewide greenhouse gas pollution by the
middle of the twenty-first century and have goals of achieving, at a
minimum:
(A) A twenty-six percent reduction in statewide greenhouse gas
pollution by 2025;
(B) A fifty percent reduction in statewide greenhouse gas pollution
by 2030;
(C) A
SIXTY-FIVE PERCENT REDUCTION IN STATEWIDE GREENHOUSE
GAS POLLUTION BY
2035;
(D) A
SEVENTY-FIVE PERCENT REDUCTION IN STATEWIDE
GREENHOUSE GAS POLLUTION BY
2040;
(E) A
NINETY PERCENT REDUCTION IN STATEWIDE GREENHOUSE GAS
POLLUTION BY
2045; and
(F) A ninety
ONE HUNDRED percent reduction in statewide
greenhouse gas pollution by 2050.
(II) The reductions identified in this subsection (2)(g) are measured
relative to 2005 statewide greenhouse gas pollution levels.
SECTION 9. In Colorado Revised Statutes, 34-60-106, amend
(9)(a) and (9)(b)(I); and add (9)(c), (9)(d), (9)(e), (9.3), (9.5), and (9.7) as
follows:
34-60-106. Additional powers of commission - rules - definitions
PAGE 10-SENATE BILL 23-016 - repeal. (9) (a) (I) Notwithstanding section 34-60-120 or any other
provision of law
AND SUBJECT TO SUBSECTION (9)(a)(II) OF THIS SECTION,
the commission, as to class II
AND CLASS VI injection wells classified in 40
CFR 144.6, may perform all acts for the purpose
PURPOSES of protecting
underground sources of drinking water in accordance with state programs
authorized by
THE FEDERAL "SAFE DRINKING WATER ACT", 42 U.S.C. sec.
300f et seq., and regulations under those sections, as amended,
AND
ENSURING THE SAFE AND EFFECTIVE SEQUESTRATION OF GREE NHOUSE GASES
IN A VERIFIABLE MANNER THAT MEETS
COLORADO'S SHORT- AND
LONG
-TERM GREENHOUSE GAS EMISSION REDUCTION GOALS , AS SET FORTH
IN SECTION
25-7-102 (2)(g).
(II) I
N PERFORMING ACTS FOR THE PURPOSE OF ENSURING THE SAFE
AND EFFECTIVE SEQUESTRATION OF GREENHOUSE GASES PURSUANT TO
SUBSECTION
(9)(a)(I) OF THIS SECTION, THE COMMISSION SHALL ACT IN
ACCORDANCE WITH SUBSECTION
(9)(c) OF THIS SECTION AND ONLY AFTER
THE GOVERNOR AND THE COMMISSION HAVE MADE AN AFFIRMATIVE
DETERMINATION THAT THE STATE HAS SUFFICIENT RESOURCES NECESSARY
TO ENSURE THE SAFE AND EFFECTIVE REGULATION OF THE SEQUESTRATION
OF GREENHOUSE GASES IN ACCORDANCE WITH THE FINDINGS FROM THE
COMMISSION
'S STUDY CONDUCTED PURSUANT TO SUBSECTION (9)(b) OF THIS
SECTION
.
(b) The commission shall:
(I) Conduct a study to evaluate what resources are needed to ensure
the safe and effective regulation of the sequestration of greenhouse gases
as that term is defined in section 25-7-140 (6), and to identify and assess the
applicable resources that the commission or other state agencies have; and
(c) (I) T
HE COMMISSION MAY SEEK CLASS VI INJECTION WELL
PRIMACY UNDER THE FEDERAL
"SAFE DRINKING WATER ACT", 42 U.S.C.
SEC. 300f ET SEQ., AS AMENDED, AFTER THE COMMISSION:
(A) D
ETERMINES IT HAS THE NECESSARY RESOURCES FOR THE
APPLICATION OUTLINED IN THE COMMISSION
'S STUDY PERFORMED PURSUANT
TO SUBSECTION
(9)(b) OF THIS SECTION; AND
(B) HOLDS A PUBLIC HEARING ON THE MATTER .
PAGE 11-SENATE BILL 23-016 (II) THE COMMISSION MAY ISSUE AND ENFORCE PERMITS AS
NECESSARY FOR THE PURPOSE SET FORTH IN THIS SUBSECTION
(9)(c) AFTER
THE COMMISSION MAKES THE DETERMINATION AND HOLDS THE HEARING SET
FORTH IN SUBSECTION
(9)(c)(I) OF THIS SECTION AND THE COMMISSION AND
THE GOVERNOR SATISFY THE REQUIREMENTS SET FORTH IN SUBSECTION
(9)(a) OF THIS SECTION.
(III) (A) I
F THE CLASS VI INJECTION WELL IS PROPOSED TO BE SITED
IN AN AREA THAT WOULD AFFECT A DISPROPORTIONATELY IMPACTED
COMMUNITY
, THE COMMISSION SHALL WEIGH THE GEOLOGIC STORAGE
OPERATOR
'S SUBMITTED CUMULATIVE IMPACTS ANALYSIS AND DETERMINE
WHETHER
, ON BALANCE, THE CLASS VI INJECTION WELL WILL HAVE A
POSITIVE EFFECT ON THE DISPROPORTIONATELY IMPACTED COMMUNITY
. A
PROPOSAL THAT WILL HAVE NEGATIVE NET CUMULATIVE IMPACTS ON ANY
DISPROPORTIONATELY IMPACTED COMMUNITY MUST BE DENIED
. THE
COMMISSION
'S DECISION MUST INCLUDE A PLAIN LANGUAGE SUMMARY OF ITS
DETERMINATION
.
(B) T
HE COMMISSION MAY AMEND BY RULE THE CUMULATIVE
EFFECTS ANALYSIS AND REQUIREMENTS SET FORTH IN THIS SUBSECTION
(9)(c)(III) IF THE COMMISSION FINDS THE ANALYSIS AND REQUIREMENTS TO
BE INCONSISTENT WITH
, OR INCOMPLETE WITH RESPECT TO , THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY
'S REQUIREMENTS FOR CLASS VI
PRIMACY.
(C) A
S USED IN THIS SUBSECTION (9)(c)(III), "CUMULATIVE IMPACTS"
MEANS THE EFFECT ON PUBLIC HEALTH AND THE ENVIRONMENT , INCLUDING
THE EFFECT ON AIR QUALITY
, WATER QUALITY, THE CLIMATE, NOISE, ODOR,
WILDLIFE, AND BIOLOGICAL RESOURCES , CAUSED BY THE INCREMENTAL
IMPACT THAT A PROPOSED NEW OR MODIFIED CLASS
VI INJECTION WELL
WOULD HAVE WHEN ADDED TO THE IMPACTS FROM OTHER PAST
, PRESENT,
AND REASONABLY FORESEEABLE FUTURE DEVELOPMENT OF ANY TYPE ON
THE AFFECTED AREA
, INCLUDING AN AIRSHED OR WATERSHED , OR ON A
DISPROPORTIONATELY IMPACTED COMMUNITY
.
(IV) (A) T
HE COMMISSION SHALL REQUIRE EACH OPERATOR OF A
CLASS
VI INJECTION WELL TO PROVIDE ADEQUATE FINANCIAL ASSURANCE
DEMONSTRATING THAT THE OPERATOR IS FINANCIALLY CAPABLE OF
FULFILLING EVERY OBLIGATION IMPOSED ON THE OPERATOR UNDER THIS
ARTICLE
60 AND UNDER RULES THAT THE COMMISSION ADOPTS PURSUANT TO
PAGE 12-SENATE BILL 23-016 THIS ARTICLE 60.
(B) T
HE FINANCIAL ASSURANCE REQUIRED UNDER THIS SUBSECTION
(9)(c)(IV) MUST COVER THE COST OF CORRECTIVE ACTION , INJECTION WELL
PLUGGING
, POST-INJECTION SITE CARE, SITE CLOSURE, AND ANY EMERGENCY
AND REMEDIAL RESPONSE
.
(C) T
HE COMMISSION SHALL ADOPT RULES REQUIRING THAT THE
FINANCIAL ASSURANCE COVER THE COST OF OBLIGATIONS THAT ARE IN
ADDITION TO THE OBLIGATIONS LISTED IN SUBSECTION
(9)(c)(IV)(B) OF THIS
SECTION IF THE ADDITIONAL OBLIGATIONS ARE REASONABLY ASSOCIATED
WITH CLASS
VI INJECTION WELLS AND LOCATIONS.
(D) A
N OPERATOR SHALL MAINTAIN THE FINANCIAL ASSURANCE
REQUIRED UNDER THIS SUBSECTION
(9)(c)(IV) OR UNDER ANY RULES
ADOPTED PURSUANT TO THIS SUBSECTION
(9)(c)(IV) UNTIL THE COMMISSION
APPROVES SITE CLOSURE
, AS SPECIFIED IN RULES ADOPTED BY THE
COMMISSION
. COMMISSION APPROVAL OF A SITE CLOSURE DOES NOT
OTHERWISE MODIFY AN OPERATOR
'S RESPONSIBILITY TO COMPLY WITH
APPLICABLE LAWS
.
(E) F
INANCIAL ASSURANCE PROVIDED UNDER THIS SUBSECTION
(9)(c)(IV) MAY BE IN THE FORM OF A SURETY BOND , INSURANCE, OR ANY
OTHER INSTRUMENT THAT THE COMMISSION
, BY RULE, DEEMS
SATISFACTORY
.
(d) I
N ISSUING AND ENFORCING PERMITS PURSUANT TO SUBSECTION
(9)(c) OF THIS SECTION, THE COMMISSION SHALL ENSURE , AFTER A PUBLIC
HEARING
, THAT:
(I) T
HE PERMITTING OF A CLASS VI INJECTION WELL COMPLIES WITH
A LOCAL GOVERNMENT
'S SITING OF THE PROPOSED CLASS VI INJECTION WELL
LOCATION
;
(II) T
HE PROPOSED NEW OR MODIFIED CLASS VI INJECTION WELL HAS
RECEIVED AN APPLICABLE AIR PERMIT FROM THE DIVISION OF
ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
;
(III) T
HE OPERATOR OF THE CLASS VI INJECTION WELL HAS RECEIVED
PAGE 13-SENATE BILL 23-016 THE CONSENT OF ANY SURFACE OWNER OR OWNERS OF THE LAND WHERE THE
SURFACE DISTURBANCE WILL OCCUR AND HAS PROVIDED THE COMMISSION
A WRITTEN CONTRACTUAL AGREEMENT THAT THE SURFACE OWNER OR
OWNERS HAVE EXECUTED
; AND
(IV) THE COMMISSION HAS EVALUATED AND ADDRESSED ANY CLASS
VI INJECTION WELL IMPACTS FROM THE PROPOSED CLASS VI INJECTION WELL
ON THE AFFECTED AREA TO ENSURE THE TERMS AND CONDITIONS OF ANY
PERMIT ISSUED UNDER THIS SECTION ARE SUFFICIENT TO ENSURE THAT ANY
CLASS
VI INJECTION WELL IMPACTS ARE AVOIDED , MINIMIZED TO THE
EXTENT PRACTICABLE
, AND, TO THE EXTENT THAT ANY CLASS VI INJECTION
WELL IMPACTS REMAIN
, THAT THE IMPACTS ARE MITIGATED . THE
COMMISSION SHALL PROVIDE A PLAIN LANGUAGE SUMMARY OF HOW THE
NEGATIVE IMPACTS ARE AVOIDED OR
, IF NOT AVOIDED, MINIMIZED AND
MITIGATED AND
, IF ANY, THE NEGATIVE IMPACTS THAT CANNOT BE
MITIGATED
.
(e) A
S USED IN THIS SUBSECTION (9), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I) "C
LASS VI INJECTION WELL IMPACTS" MEANS THE EFFECT ON THE
PUBLIC HEALTH AND THE ENVIRONMENT
, INCLUDING AIR, WATER AND SOIL,
AND THE CLIMATE, CAUSED BY THE INCREMENTAL IMPACT THAT A PROPOSED
NEW OR SIGNIFICANTLY MODIFIED CLASS
VI INJECTION WELL AND
ASSOCIATED INFRASTRUCTURE WOULD HAVE WHEN ADDED TO THE IMPACTS
FROM OTHER DEVELOPMENT IN THE AFFECTED AREA
.
(II) "C
ORRECTIVE ACTION" HAS THE MEANING SET FORTH IN 40 CFR
146.81.
(III) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(IV) "G
REENHOUSE GAS" HAS THE MEANING SET FORTH IN SECTION
25-7-140 (6).
(V) "P
OST-INJECTION SITE CARE" HAS THE MEANING SET FORTH IN 40
CFR
146.81.
(VI) "S
ITE CLOSURE" HAS THE MEANING SET FORTH IN 40 CFR
PAGE 14-SENATE BILL 23-016 146.81.
(9.3) (a) T
HE COMMISSION, IN CONSULTATION WITH THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
, MAY ADOPT RULES TO
ESTABLISH A PROCESS TO CERTIFY THE QUANTITY AND DEMONSTRATED
SECURITY OF CARBON DIOXIDE STORED IN A CLASS
VI INJECTION WELL.
(b) T
HE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
, SHALL EVALUATE THE RISK OF CLASS VI
INJECTION WELLS BY DETERMINING THE LIKELIHOOD AND SEVERITY OF AN
INCIDENT INVOLVING A CLASS
VI INJECTION WELL, THE POTENTIAL FOR
EXPOSURE FROM SUCH INCIDENT
, AND THE OVERALL EFFECT THAT SUCH
INCIDENT COULD HAVE ON THE PUBLIC HEALTH
, SAFETY, AND WELFARE AND
ON THE ENVIRONMENT
.
(9.5) (a) O
N OR BEFORE FEBRUARY 1, 2024, THE COMMISSION, IN
CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
, SHALL CONDUCT A STUDY TO BETTER UNDERSTAND THE
SAFETY OF CLASS
VI INJECTION WELLS, THE POTENTIAL FOR CARBON DIOXIDE
RELEASES FROM THE WELLS
, AND METHODS TO LIMIT THE LIKELIHOOD OF A
CARBON DIOXIDE RELEASE FROM A CLASS
VI INJECTION WELL OR CARBON
DIOXIDE PIPELINE OR SEQUESTRATION FACILITY
. THE STUDY MUST INCLUDE:
(I) A
N EVALUATION OF THE POTENTIAL AIR QUALITY IMPACTS OF
CAPTURE TECHNOLOGY AT A CARBON DIOXIDE SOURCE FACILITY
;
(II) C
ARBON DIOXIDE PIPELINE SAFETY CONSIDERATIONS , INCLUDING
COMPUTER MODELING TO SIMULATE CARBON DIOXIDE LEAKS FROM PIPELINES
OF VARYING DIAMETERS AND LENGTHS
;
(III) A
PPROPRIATE SAFETY PROTOCOLS IN THE OPERATION AND
MAINTENANCE OF A CLASS
VI INJECTION WELL;
(IV) M
ETHODS FOR DETERMINING THE STABILITY OF UNDERGROUND
CARBON DIOXIDE STORAGE AND ESTIMATES OF THE TIME NEEDED FOR
CARBON DIOXIDE PLUME STABILIZATION
; AND
(V) RECOMMENDATIONS FOR SAFETY MEASURES TO PROTECT
COMMUNITIES FROM CARBON DIOXIDE RELEASES
, SUCH AS HAZARD ZONES,
PUBLIC NOTIFICATION SYSTEMS , SETBACKS, ADDITIONAL MONITORING
PAGE 15-SENATE BILL 23-016 REQUIREMENTS, OR OTHER MEASURES.
(b) O
N OR BEFORE MARCH 1, 2024, THE COMMISSION SHALL PRESENT
ITS FINDINGS AND CONCLUSIONS FROM THE STUDY
, INCLUDING ANY
RECOMMENDATIONS FOR LEGISLATION
, TO THE HOUSE OF REPRESENTATIVES
ENERGY AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION
AND ENERGY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES . THE
COMMISSION SHALL NOT PERMIT A CLASS
VI INJECTION WELL IN THE STATE
UNTIL THE STUDY HAS BEEN COMPLETED AND PRESENTED TO THE GENERAL
ASSEMBLY
.
(c) A
CLASS VI INJECTION WELL SHALL NOT BE LOCATED WITHIN TWO
THOUSAND FEET OF A RESIDENCE
, SCHOOL, OR COMMERCIAL BUILDING. THE
COMMISSION MAY ADJUST THE TWO
-THOUSAND-FOOT SETBACK BY RULE
AFTER STUDYING AND EVALUATING THE SEVERITY OF IMPACTS ARISING
FROM FOUR OR MORE CLASS
VI INJECTION WELLS THAT HAVE BEEN IN PLACE
IN THE STATE FOR AT LEAST FOUR YEARS
.
(9.7) (a) T
HE COMMISSION MAY CONDUCT A STUDY TO DETERMINE
IF THE STATE SHOULD SEEK REGULATORY PRIMACY UNDER THE FEDERAL
"SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS AMENDED,
FOR ALL SUBSURFACE INJECTION CLASSES INCLUDED WITHIN THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY
'S UNDERGROUND INJECTION
CONTROL PROGRAM
, WHICH STUDY MUST INCLUDE RECOMMENDATIONS ON
THE APPROPRIATE ADMINISTRATIVE STRUCTURE AND IDENTIFICATION OF
OTHER STATE AGENCIES THAT ARE NECESSARY TO IMPLEMENT A SAFE AND
EFFECTIVE PROGRAM
.
(b) I
F THE COMMISSION CONDUCTS THE STUDY PURSUANT TO
SUBSECTION
(9.7)(a) OF THIS SECTION, THE COMMISSION SHALL, ON OR
BEFORE
DECEMBER 1, 2024:
(I) C
OMPLETE A REPORT SUMMARIZING THE FINDINGS , CONCLUSIONS,
AND RECOMMENDATIONS FROM THE STUDY ;
(II) P
OST A COPY OF THE COMPLETED REPORT ON THE COMMISSION 'S
WEBSITE
; AND
(III) SUBMIT COPIES OF THE COMPLETED REPORT TO THE HOUSE OF
REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE AND THE
PAGE 16-SENATE BILL 23-016 SENATE TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR
COMMITTEES
.
(c) T
HIS SUBSECTION (9.7) IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 10. In Colorado Revised Statutes, 38-30-168, amend
(1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:
38-30-168. Unreasonable restrictions on renewable energy
generation devices - definitions. (1) (b) As used in this section,
"renewable energy generation device" means:
(II) A wind-electric generator that meets the interconnection
standards established in rules promulgated by the public utilities
commission pursuant to section 40-2-124; or
(III) A geothermal energy device; OR
(IV) A HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-732
(2)(c).
SECTION 11. In Colorado Revised Statutes, 38-33.3-106.7, amend
(1)(b)(VI) as follows:
38-33.3-106.7. Unreasonable restrictions on energy efficiency
measures - definitions. (1) (b) As used in this section, "energy efficiency
measure" means a device or structure that reduces the amount of energy
derived from fossil fuels that is consumed by a residence or business located
on the real property. "Energy efficiency measure" is further limited to
include only the following types of devices or structures:
(VI) A heat pump
SYSTEM, AS DEFINED IN SECTION 39-26-732 (2)(c).
SECTION 12. In Colorado Revised Statutes, add 39-22-550 as
follows:
39-22-550. Tax credit for reducing emissions from certain lawn
equipment - report - legislative declaration - tax preference
performance statement - definitions - repeal. (1) (a) T
HE GENERAL
ASSEMBLY FINDS AND DECLARES THAT
:
PAGE 17-SENATE BILL 23-016 (I) GASOLINE-POWERED LAWN EQUIPMENT , SUCH AS LAWN MOWERS,
LEAF BLOWERS, TRIMMERS, AND SNOWBLOWERS, EMITS HIGH LEVELS OF AIR
POLLUTANTS
, INCLUDING NITROGEN OXIDES AND VOLATILE ORGANIC
COMPOUNDS THAT
, TOGETHER, FORM OZONE AND PARTICULATE MATTER ;
(II) R
EPLACING SUCH GASOLINE-POWERED LAWN EQUIPMENT WITH
ELECTRIC
-POWERED LAWN EQUIPMENT CAN REDUCE OZONE POLLUTION ; AND
(III) THE PURPOSE OF THE TAX CREDIT IN SUBSECTION (3) OF THIS
SECTION IS TO INCENTIVIZE THE VOLUNTARY TRANSITION FROM
GASOLINE
-POWERED TO ELECTRIC-POWERED LAWN EQUIPMENT .
(b) 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 FURTHER FINDS AND
DECLARES THAT
:
(I) T
HE GENERAL LEGISLATIVE PURPOSE OF THE TAX CREDIT
ALLOWED BY SUBSECTION
(3) OF THIS SECTION IS TO INDUCE CERTAIN
DESIGNATED BEHAVIORS BY TAXPAYERS
, SPECIFICALLY THE PURCHASE OF
ELECTRIC
-POWERED LAWN EQUIPMENT ; AND
(II) IN ORDER TO ALLOW THE GENERAL ASSEMBLY AND THE STATE
AUDITOR TO MEASURE THE EFFECTIVENESS OF THE TAX CREDIT
, THE
DEPARTMENT OF REVENUE SHALL SUBMIT TO THE GENERAL ASSEMBLY AND
THE STATE AUDITOR AN ANNUAL REPORT IN ACCORDANCE WITH SUBSECTION
(5) OF THIS SECTION DETAILING THE SALES OF NEW , ELECTRIC-POWERED
LAWN EQUIPMENT
, AS REPORTED BY TAXPAYERS CLAIMING THE TAX CREDIT
AUTHORIZED UNDER SUBSECTION
(3) OF THIS SECTION.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "L
AWN EQUIPMENT" MEANS A LAWN MOWER , LEAF BLOWER,
TRIMMER, OR SNOWBLOWER.
(b) "P
URCHASE PRICE" HAS THE MEANING SET FORTH IN SECTION
39-26-102 (7).
PAGE 18-SENATE BILL 23-016 (c) "QUALIFIED RETAILER" MEANS A RETAILER THAT SELLS LAWN
EQUIPMENT AND
:
(I) H
OLDS A STATE SALES TAX LICENSE;
(II) H
AS TIMELY FILED A MONTHLY SALES TAX RETURN SHOWING A
TAX LIABILITY FOR AT LEAST TWELVE MONTHS
;
(III) H
AS PAID THE TAXES DUE ON THE MONTHLY SALES TAX RETURN ;
AND
(IV) HAS REGISTERED WITH THE DEPARTMENT OF REVENUE
PURSUANT TO SUBSECTION
(3)(d)(III) OF THIS SECTION.
(d) "R
ETAILER" HAS THE MEANING SET FORTH IN SECTION 39-26-102
(8).
(e) "R
ETAIL SALE" HAS THE MEANING SET FORTH IN SECTION
39-26-102 (9).
(3) (a) F
OR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
1, 2024, BUT BEFORE JANUARY 1, 2027, A RETAILER QUALIFIED PURSUANT
TO SUBSECTION
(3)(d)(III) OF THIS SECTION IS ALLOWED A TAX CREDIT
AGAINST THE TAX IMPOSED PURS UANT TO THIS ARTICLE
22 IN AN AMOUNT
EQUAL TO THIRTY
-THREE PERCENT OF THE AGGREGATE PURCHASE PRICE FOR
ALL RETAIL SALES OF NEW
, ELECTRIC-POWERED LAWN EQUIPMENT THAT THE
QUALIFIED RETAILER SOLD IN THE STATE DURING THE TAX YEAR
.
(b) I
N ORDER TO QUALIFY FOR THE TAX CREDIT ALLOWED UNDER
THIS SUBSECTION
(3), THE QUALIFIED RETAILER SHALL PROVIDE TO THE
PURCHASER
, AT THE TIME OF THE RETAIL SALE OF NEW, ELECTRIC-POWERED
LAWN EQUIPMENT
, A DISCOUNT ON THE PURCHASE PRICE OF THE LAWN
EQUIPMENT EQUAL TO THIRTY PERCENT OF THE PURCHASE PRICE AND SHALL
SHOW THE DISCOUNT AS A SEPARATE ITEM ON THE RECEIPT OR INVOICE
PROVIDED TO THE PURCHASER
.
(c) T
O DETERMINE WHETHER A QUALIFIED RETAILER SOLD NEW ,
ELECTRIC-POWERED LAWN EQUIPMENT IN THIS STATE , THE RULES OF SECTION
39-26-104 (3)(a) APPLY.
PAGE 19-SENATE BILL 23-016 (d) THE QUALIFIED RETAILER MAY RETAIN FROM THE CREDIT
ALLOWED IN THIS SECTION AN ADMINISTRATIVE FEE NOT TO EXCEED THREE
PERCENT OF THE PURCHASE PRICE OF THE NEW
, ELECTRIC-POWERED LAWN
EQUIPMENT SOLD
.
(e) (I) T
HE QUALIFIED RETAILER SHALL ELECTRONICALLY SUBMIT A
REPORT TO THE DEPARTMENT OF REVENUE
, ON A QUARTERLY BASIS AND IN
THE FORM AND MANNER REQUIRED BY THE DEPARTMENT
, THAT DETAILS THE
NUMBER OF PIECES OF NEW
, ELECTRIC-POWERED LAWN EQUIPMENT SOLD BY
THE QUALIFIED RETAILER IN THE REPORTING PERIOD FOR WHICH THE
QUALIFIED RETAILER PROVIDED A DISCOUNT AS DESCRIBED IN SUBSECTION
(3)(b) OF THIS SECTION. THE DEPARTMENT MAY REQUIRE THE QUALIFIED
RETAILER TO INCLUDE ADDITIONAL INFORMATION IN THE REPORT
.
(II) B
EFORE SELLING A PIECE OF NEW, ELECTRIC-POWERED LAWN
EQUIPMENT FOR WHICH A RETAILER INTENDS TO CLAIM A CREDIT PURSUANT
TO THIS SECTION
, THE RETAILER SHALL REGISTER AS A QUALIFIED RETAILER
BY FILING WITH THE DEPARTMENT OF REVENUE A REGISTRATION STATEMENT
IN THE FORM AND MANNER THAT THE DEPARTMENT PRESCRIBES
.
(4) I
F A CREDIT AUTHORIZED BY THIS SECTION EXCEEDS THE INCOME
TAX DUE ON THE INCOME OF THE QUALIFIED RETAILER FOR THE TAXABLE
YEAR
, THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE
REFUNDED TO THE QUALIFIED RETAILER
.
(5) P
URSUANT TO SECTION 39-21-304 (3), NOTWITHSTANDING
SECTION
24-1-136 (11)(a)(I), AND FOR THE PURPOSE OF PROVIDING DATA
THAT ALLOWS THE GENERAL ASSEMBLY AND THE STATE AUDITOR TO
MEASURE THE EFFECTIVENESS OF THE TAX CREDIT CREATED IN SUBSECTION
(3) OF THIS SECTION, THE DEPARTMENT OF REVENUE , ON OR BEFORE
JANUARY 1, 2025, AND ON OR BEFORE JANUARY 1 OF EACH YEAR
THEREAFTER THROUGH
JANUARY 1, 2028, SHALL SUBMIT TO THE GENERAL
ASSEMBLY AND THE STATE AUDITOR A REPORT DETAILING THE SALES OF
NEW
, ELECTRIC-POWERED LAWN EQUIPMENT , AS REPORTED BY A QUALIFIED
RETAILER CLAIMING THE TAX CREDIT AUTHORIZED UNDER SUBSECTION
(3)
OF THIS SECTION. THE TAX CREDIT ESTABLISHED IN THIS SECTION MEETS ITS
PURPOSE IF SALES OF NEW
, GASOLINE-POWERED LAWN EQUIPMENT ARE
SIGNIFICANTLY REDUCED WITHIN FIVE YEARS AFTER THE TAX CREDIT
BECOMES EFFECTIVE
, AS DETERMINED BY THE GENERAL ASSEMBLY AND THE
STATE AUDITOR PURSUANT TO SECTION
39-21-304 (3).
PAGE 20-SENATE BILL 23-016 (6) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2033.
SECTION 13. In Colorado Revised Statutes, 39-29-110, amend
(9)(b) as follows:
39-29-110. Local government severance tax fund - creation -
administration - definitions - repeal. (9) (b) This subsection (9) is
repealed, effective July 1, 2023 JULY 1, 2025.
SECTION 14. In Session Laws of Colorado 2021, amend section
3 of chapter 225, (HB 21-1253), as follows:
Section 3. Appropriation. For the 2020-21 state fiscal year,
$5,000,000 is appropriated to the department of local affairs for use by the
division of local government. This appropriation is from the local
government severance tax fund created in section 39-29-110 (1)(a)(I),
C.R.S. To implement this act, the division of local government may use this
appropriation for grants for renewable and clean energy implementation
projects that meet the division's eligibility criteria for funding under the
department's renewable and clean energy initiative program. Any money
appropriated in this section not expended prior to July 1, 2021
JULY 1, 2025,
is further appropriated to the division of local government for the 2021-22
and 2022-23 state fiscal years for the same purpose UNTIL THE MONEY IS
FULLY EXPENDED
.
SECTION 15. In Colorado Revised Statutes, 40-1-102, amend
(1.3); and add (1.4), (8.2), and (8.3) as follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40,
unless the context otherwise requires:
(1.3) "Charge" includes any consideration, however denominated,paid or provided by a retail cooperative electric association to a wholesale
electric cooperative in connection with an agreement by which the retail
cooperative electric association terminates a wholesale electric service
contract with the wholesale electric cooperative "CERTIFICATE OF
COMPLETION
" MEANS AN ATTESTATION THAT AN INTERCONNECTION
CUSTOMER SUBMITS TO A PUBLIC UTILITY TO CONFIRM THAT A RETAIL
DISTRIBUTED GENERATION RESOURCE HAS BEEN PROPERLY INSPECTED OR
OTHERWISE CERTIFIED TO MEET THE SAFE OPERATION REQUIREMENTS OF A
PAGE 21-SENATE BILL 23-016 LOCAL GOVERNMENT 'S BUILDING CODE ENFORCEMENT AUTHORITY .
(1.4) "C
HARGE" INCLUDES ANY CONSIDERATION , HOWEVER
DENOMINATED
, PAID OR PROVIDED BY A RETAIL COOPERATIVE ELECTRIC
ASSOCIATION TO A WHOLESALE ELECTRIC COOPERATIVE IN CONNECTION
WITH AN AGREEMENT BY WHICH THE RETAIL COOPERATIVE ELECTRIC
ASSOCIATION TERMINATES A WHOLESALE ELECTRIC SERVICE CONTRACT
WITH THE WHOLESALE ELECTRIC COOPERATIVE
.
(8.2) "I
NTERCONNECTION AGREEMENT " MEANS AN AGREEMENT
BETWEEN A PUBLIC UTILITY AND AN INTERCONNECTION CUSTOMER TO
INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE TO THE
UTILITY SYSTEM
.
(8.3) (a) "I
NTERCONNECTION CUSTOMER " MEANS AN ENTITY THAT
PROPOSES TO INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE
ON THE DISTRIBUTION SYSTEM OF A PUBLIC UTILITY
.
(b) "I
NTERCONNECTION CUSTOMER " INCLUDES AN AFFILIATE OR A
SUBSIDIARY OF A PUBLIC UTILITY THAT PROPOSES TO INTERCONNECT A
RETAIL DISTRIBUTED GENERATION RESOURCE TO THE PUBLIC UTILITY
'S
SYSTEM
.
SECTION 16. In Colorado Revised Statutes, 40-2-126, add (2.5)
as follows:
40-2-126. Transmission facilities - biennial review - energy
resource zones - definitions - plans - approval - cost recovery -
powerline trail consideration. (2.5) I
N REVIEWING A PLAN THAT AN
ELECTRIC UTILITY SUBMITS PURSUANT TO SUBSECTION
(2)(b) OF THIS
SECTION
, THE COMMISSION SHALL CONSIDER THE NEED FOR EXPANDED
TRANSMISSION CAPACITY IN THE STATE
, INCLUDING THE ABILITY TO EXPAND
CAPACITY THROUGH THE CONSTRUCTION OF NEW TRANSMISSION LINES
,
IMPROVEMENTS TO EXISTING TRANSMISSION LINES , AND CONNECTIONS TO
ORGANIZED WHOLESALE MARKETS
, AS DEFINED IN SECTION 40-5-108 (1)(a).
SECTION 17. In Colorado Revised Statutes, 40-2-114, amend
(2)(a)(III) as follows:
40-2-114. Disposition of fees collected - telecommunications
PAGE 22-SENATE BILL 23-016 utility fund - fixed utility fund - appropriation. (2) (a) Money in the
funds created in subsection (1) of this section shall be expended only to
defray the full amount determined by the general assembly for:
(III) With regard only to expenditures from the public utilities
commission fixed utility fund created in subsection (1)(b) of this section,
the administrative expenses, not to exceed five hundred thousand dollars
annually, incurred by the Colorado electric transmission authority in
carrying out its duties under article 42 of this title 40. The Colorado electric
transmission authority shall remit to the
PUBLIC UTILITIES COMMISSION fixed
utility fund any amounts it receives in excess of its actual administrative
expenses plus a fifteen
FIFTY percent reserve margin.
SECTION 18. In Colorado Revised Statutes, amend 40-2-135 as
follows:
40-2-135. Retail distributed generation - customers' rights -
rules. (1) A retail electric utility customer is entitled to generate, consume,
store, and export electricity produced from eligible energy resources to the
electric grid through the use of customer-sited retail distributed generation,
as defined in section 40-2-124 (1)(a)(VIII), subject to reliability standards,
interconnection rules, and procedures, as determined by the commission.
(2) (a) A
RETAIL ELECTRIC UTILITY VIOLATES THIS SECTION IF THE
UTILITY FAILS TO PROVIDE REASONABLE
, GOOD FAITH, AND TIMELY SERVICE
TO AN INTERCONNECTION CUSTOMER AND SUCH VIOLATION MAY RESULT IN
COMMISSION ACTION
, INCLUDING THE ASSESSMENT OF MONETARY FINES
AGAINST THE RETAIL ELECTRIC UTILITY
. IF A RETAIL ELECTRIC UTILITY FAILS
TO PROVIDE TIMELY SERVICE AND ADHERE TO TIMELINES THAT THE
COMMISSION ESTABLISHES AS PART OF THE COMMISSION
'S INTERCONNECTION
RULES
, THE RETAIL ELECTRIC UTILITY MAY BE SUBJECT TO PENALTIES OF UP
TO TWO THOUSAND DOLLARS PER DAY FOR EACH DAY THAT THE VIOLATION
OCCURRED
.
(b) T
HE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
PENALTY AMOUNT SET FORTH IN SUBSECTION
(2)(a) OF THIS SECTION BASED
ON THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT
OF LABOR
'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE
DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS PAID BY ALL URBAN
CONSUMERS
, OR ITS SUCCESSOR INDEX.
PAGE 23-SENATE BILL 23-016 (c) (I) FOR A RETAIL DISTRIBUTED GENERATION RESOURCE THAT IS
TWENTY
-FIVE KILOWATTS OR LESS, A PUBLIC UTILITY SHALL PROVIDE AN
INTERCONNECTION CUSTOMER AN EXECUTED INTERCONNECTION
AGREEMENT NO MORE THAN THIRTY BUSINESS DAYS AFTER RECEIVING
PAYMENT OF AN INTERCONNECTION FEE FROM THE INTERCONNECTION
CUSTOMER
.
(II) F
OLLOWING THE CONSTRUCTION OF A RETAIL DISTRIBUTED
GENERATION RESOURCE
, A PUBLIC UTILITY MUST PROVIDE
INTERCONNECTION OF THE CUSTOMER
'S RETAIL DISTRIBUTED GENERATION
RESOURCE NO MORE THAN THIRTY BUSINESS DAYS AFTER THE
INTERCONNECTION CUSTOMER SUBMITS TO THE PUBLIC UTILITY A
CERTIFICATE OF COMPLETION
.
(III) I
F THE SUM OF A PUBLIC UTILITY'S COMPLIANCE WITH THESE
TIMES SET FORTH IN THIS SUBSECTION
(2)(c) EXCEEDS SIXTY DAYS, THE
PUBLIC UTILITY MAY BE SUBJECT TO PENALTIES CONSISTENT WITH THIS
SUBSECTION
(2).
(d) A
PUBLIC UTILITY IS NOT SUBJECT TO PENALTIES UNDER THIS
SUBSECTION
(2) IF THE PUBLIC UTILITY CAN DEMONSTRATE THAT :
(I) T
HE INTERCONNECTION CUSTOMER FAILED TO TIMELY REMEDY
ANY MATERIAL DEFECTS IN THE COMPLETION OF THE INTERCONNECTION
CUSTOMER
'S APPLICATION FOR INTERCONNECTION AND THE PUBLIC UTILITY
IDENTIFIED THE DEFECTS DURING ITS REVIEW OF THE APPLICATION
;
(II) T
HE RETAIL DISTRIBUTED GENERATION RESOURCE CANNOT BE
SAFELY INTERCONNECTED TO THE PUBLIC UTILITY
'S SYSTEM IN A MANNER
CONSISTENT WITH THE COMMISSION
'S INTERCONNECTION RULES; OR
(III) OTHER EXTENUATING CIRCUMSTANCES CAUSED A DELAY IN
INTERCONNECTION
.
(3) (a) A
N INTERCONNECTION CUSTOMER MAY FILE A COMPLAINT
WITH THE COMMISSION IN ACCORDANCE WITH SECTION
40-6-108 ALLEGING
THAT A PUBLIC UTILITY HAS VIOLATED SUBSECTION
(2) OF THIS SECTION.
(b) I
N CONSIDERING A COMPLAINT FILED PURSUANT TO THIS
SUBSECTION
(3), THE COMMISSION MAY ORDER THE PUBLIC UTILITY TO
PAGE 24-SENATE BILL 23-016 REFUND INTERC ONNECTION STUDY FEES CHARGED TO THE
INTERCONNECTION CUSTOMER
. IF A PUBLIC UTILITY IS ORDERED TO REFUND
SUCH INTERCONNECTION STUDY FEES
, SUCH REFUND IS NOT AN EXPENSE
THAT THE PUBLIC UTILITY MAY RECOVER FROM ITS RATEPAYERS
.
(4) T
HE COMMISSION SHALL ONLY ASSESS THE PENALTIES SET FORTH
IN SUBSECTION
(2)(a) OF THIS SECTION AGAINST A PUBLIC UTILITY IF:
(a) A
N INTERCONNECTION CUSTOMER OR COMMISSION STAFF HAS
FILED
, AND THE COMMISSION HAS ADJUDICATED , A COMPLAINT PURSUANT TO
SECTION
40-6-108; AND
(b) THE PUBLIC UTILITY HAS A TARIFF ON FILE WITH THE COMMISSION
THAT PROVIDES INCENTIVES AND PENALTIES TO PROVIDE INTERCONNECTION
SERVICE AND THE PUBLIC UTILITY HAS EXCEEDED THE TIMELINES
ESTABLISHED IN THE TARIFF FILING
.
(5) I
N JURISDICTIONS THAT ALLOW INTERCONNECTION WITHOUT A
PUBLIC UTILITY PRESENT
, AN INTERCONNECTION CUSTOMER MAY INSTALL
ALL NECESSARY METERING EQUIPMENT AND ENERGIZE THE SYSTEM
FOLLOWING INSTALLATION IF
:
(a) T
HE INTERCONNECTION CUSTOMER HAS AN INTERCONNECTION
AGREEMENT WITH A PUBLIC UTILITY AND A CERTIFICATE OF COMPLETION
FROM A LOCAL GOVERNMENT
'S BUILDING CODE ENFORCEMENT AUTHORITY ;
AND
(b) THE INSTALLATION AND ENERGIZING WORK IS OVERSEEN BY A
LICENSED MASTER ELECTRICIAN
.
(6) A
PUBLIC UTILITY MAY RECOVER ITS PRUDENTLY INCURRED
COSTS TO FACILITATE A TIMELY INTERCONNECTION
, WHICH COSTS MAY
INCLUDE THE COST OF EQUIPMENT THAT THE PUBLIC UTILITY PROCURES FOR
FUTURE UPGRADES NEEDED TO INTERCONNECT RETAIL DISTRIBUTED
GENERATION RESOURCES
. A PUBLIC UTILITY MAY RECOVER THE COSTS OF
ANY SUCH EQUIPMENT INVENTORY AS CAPITAL WORK IN PROGRESS IF THE
INVENTORY IS PROJECTED TO BE USED WITHIN FIVE YEARS OF ITS
PROCUREMENT AND WITH A RETURN AT THE MOST RECENTLY AUTHORIZED
WEIGHTED AVERAGE COST OF CAPITAL
.
PAGE 25-SENATE BILL 23-016 SECTION 19. In Colorado Revised Statutes, 40-5-107, add (2.5)
as follows:
40-5-107. Electric vehicle programs - service connection cost
recovery - definitions - repeal. (2.5) A
N ELECTRIC PUBLIC UTILITY MAY
RECOVER ITS PRUDENTLY INCURRED COSTS TO FACILITATE A TIMELY
ELECTRIC VEHICLE CHARGING SERVICE CONNECTION
, WHICH COSTS MAY
INCLUDE THE COSTS OF EQUIPMENT THAT THE ELECTRIC PUBLIC UTILITY
PROCURES FOR FUTURE UPGRADES NEEDED TO PROVIDE SERVICE
CONNECTIONS FOR ELECTRIC VEHICLE CHARGING
. AN ELECTRIC PUBLIC
UTILITY MAY RECOVER THE COSTS OF ANY SUCH EQUIPMENT INVENTORY AS
CAPITAL WORK IN PROGRESS IF THE INVENTORY IS PROJECTED TO BE USED
WITHIN THREE YEARS OF ITS PROCUREMENT AND WITH A RETURN AT THE
MOST RECENTLY AUTHORIZED WEIGHTED AVERAGE COST OF CAPITAL
.
SECTION 20. In Colorado Revised Statutes, 40-7-105, amend (1);
and add (1.5) and (4) as follows:
40-7-105. Violations - penalty - separate offenses - rules. (1) Any
public utility which
THAT violates or fails to comply with any provision of
the state constitution or of articles 1 to 7 of this title TITLE 40 or which THAT
fails, omits, or neglects to obey, observe, or comply with any order, decision, decree, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an order for the payment of money, in a case in which a penalty has not been provided for such
THE public
utility, is subject to a penalty of not more than two TWENTY thousand dollars
for each PER offense FOR EACH DAY THAT THE OFFENSE CONTINUES .
(1.5) (a) A
NY PROPOSED PENALTY IS SUBJECT TO A FINDING BY THE
COMMISSION OF CUSTOMER HARM THAT IS COMMENSURATE WITH THE
AMOUNT OF THE PENALTY LEVIED
. IN DETERMINING THE AMOUNT OF A
PENALTY OR WHETHER ANY PENALTY IS LEVIED
, THE COMMISSION SHALL
ALSO CONSIDER FACTORS INCLUDING
:
(I) T
HE SIZE OF THE UTILITY;
(II) F
ACTORS INFLUENCING THE VIOLATION ;
(III) T
HE UTILITY'S PREVIOUS HISTORY OF ANY SIMILAR VIOLATIONS;
PAGE 26-SENATE BILL 23-016 (IV) REMEDIAL MEASURES; AND
(V) ANY OTHER FACTORS THAT MAY MITIGATE ANY HARM TO
CUSTOMERS
.
(b) T
HE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
MAXIMUM PER
-DAY PENALTY AMOUNT SET FORTH IN SUBSECTION (1) OF THIS
SECTION BASED ON THE ANNUAL PERCENTAGE CHANGE IN THE
UNITED
STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER
PRICE INDEX FOR THE
DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS
PAID BY ALL URBAN CONSUMERS
, OR ITS SUCCESSOR INDEX.
(4) A
NY PENALTY THAT THE COMMISSION ASSESSES AGAINST A
UTILITY UNDER THIS SECTION IS NOT RECOVERABLE AS AN EXPENSE P AYABLE
BY THE UTILITY
'S RATEPAYERS.
SECTION 21. In Colorado Revised Statutes, 40-3.2-108, amend
(2)(a)(II) and (2)(p) introductory portion as follows:
40-3.2-108. Clean heat targets - legislative declaration -
definitions - plans - rules - reports. (2) Definitions. As used in this
section, unless the context otherwise requires:
(a) "Biomethane":
(II) Includes biomethane recovered from manure management
systems or anaerobic digesters,
INCLUDING FROM OPERATIONS FOR DAIRY
COWS
, BEEF CATTLE, POULTRY, SWINE, OR SHEEP, that has been processed to
meet pipeline quality.
(p) "Recovered methane protocol" means a documented set of
procedures and requirements established by the air quality control
commission to quantify ongoing greenhouse gas emission reductions or
greenhouse gas removal enhancements achieved by a recovered methane
project and to calculate the project baseline. A
RECOVERED METHANE
PROTOCOL THAT THE AIR QUALITY CONTROL COMMISSION ADOPTS FOR
BIOMETHANE FROM MANURE MANAGEMENT SYSTEMS MUST ALLOW FOR THE
USE OF MANURE FROM BEEF CATTLE OPERATIONS
. THE AIR QUALITY
CONTROL COMMISSION MAY ALSO ADOPT A RECOVERED METHANE PROTOCOL
THAT IS SPECIFIC TO MANURE MANAGEMENT FROM BEEF CATTLE
PAGE 27-SENATE BILL 23-016 OPERATIONS. A recovered methane protocol must:
SECTION 22. In Colorado Revised Statutes, 40-42-102, amend
(14) as follows:
40-42-102. Definitions. As used in this article 42, unless the context
otherwise requires:
(14) "Project" means an undertaking by the authority to finance or
to:
(a) Plan, acquire, maintain, and operate eligible facilities located
partly or entirely within Colorado;
OR
(b) RENOVATE, REBUILD, OR RECONDITION EXISTING ELIGIBLE
FACILITIES
, THAT ARE LOCATED PARTLY OR ENTIRELY WITHIN COLORADO
AND ARE APPROVED THROUGH A LOCAL GOVERNMENT
'S LAND-USE
APPLICATION PROCESS
, TO UPGRADE AND OPTIMIZE THE EXISTING FACILITIES.
SECTION 23. In Colorado Revised Statutes, 40-42-104, add (4.5)
as follows:
40-42-104. General and specific powers and duties of the
authority. (4.5) O
N AND AFTER JULY 1, 2024, THE AUTHORITY SHALL
OPERATE ON A FISCAL YEAR THAT ALIGNS WITH THE STATE FISCAL YEAR
.
SECTION 24. In Colorado Revised Statutes, 40-42-107, amend (1)
introductory portion as follows:
40-42-107. Labor standards - apprenticeship - supervision.
(1) The authority shall ensure that, in any construction, expansion,
RENOVATION, REBUILDING, RECONDITIONING, or maintenance of facilities
undertaken in Colorado pursuant to this article 42, all labor is performed
either by the employees of an electric utility, or
by qualified contractors, or
BY both, and that, except as otherwise provided in subsection (3) of this
section, an electric utility
DOES not use a contractor unless:
SECTION 25. In Colorado Revised Statutes, add 40-42-109 as
follows:
PAGE 28-SENATE BILL 23-016 40-42-109. Study on expanding transmission capacity -
reporting - repeal. (1) T
HE AUTHORITY SHALL EXPEND MONEY FROM THE
OPERATIONAL FUND CREATED IN SECTION
40-42-106 TO STUDY THE NEED
FOR EXPANDED TRANSMISSION CAPACITY IN THE STATE
, INCLUDING:
(a) T
HE ABILITY TO EXPAND CAPACITY THROUGH THE CONSTRUCTION
OF NEW TRANSMISSION LINES
, IMPROVEMENTS TO EXISTING TRANSMISSION
LINES
, AND CONNECTIONS TO ORGANIZED WHOLESALE MARKETS , AS DEFINED
IN SECTION
40-5-108 (1)(a);
(b) W
HETHER AND HOW EXPANDED TRANSMISSION CAPACITY WILL :
(I) I
MPROVE THE SYSTEM RELIABILITY OF THE ELECTRIC GRID AND
PROVIDE OPTIMAL UTILIZATION OF ELECTRICITY FLOWS IN THE STATE
;
(II) S
UPPORT THE STATE'S EMISSION REDUCTION GOALS SET FORTH
IN SECTION
25-7-102 (2)(g);
(III) S
UPPORT THE STATE'S FORECASTED ELECTRICITY NEEDS; AND
(IV) REDUCE LAND IMPACTS BY USING EXISTING RIGHTS -OF-WAY,
INCLUDING FOR LARGE CAPACITY TRANSMISSION LINES ; CO-LOCATING
MULTIPLE TRANSMISSION LINES
; RECONDUCTORING TRANSMISSION LINES ;
AND STRATEGICALLY SITING NEW TRANSMISSION CORRIDORS .
(2) T
HE AUTHORITY SHALL PREPARE :
(a) A
N INITIAL REPORT OF THE STUDY , INCLUDING ANY
RECOMMENDATIONS
, AND PRESENT THE INITIAL REPORT TO THE COMMISSION
ON OR BEFORE
SEPTEMBER 1, 2024; AND
(b) A FINAL REPORT OF THE STUDY , INCLUDING ANY
RECOMMENDATIONS
, AND PRESENT THE FINAL REPORT TO THE JOINT
COMMITTEE OF THE HOUSE OF REPRESENTATIVES ENERGY AND
ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION AND ENERGY
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES, ON OR BEFORE JANUARY 31,
2025.
(3) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
PAGE 29-SENATE BILL 23-016 SECTION 26. In Colorado Revised Statutes, 29-20-104, amend
(1)(h) introductory portion, (1)(h)(II), (2)(b), and (2)(c); and add (2)(d) as
follows:
29-20-104. Powers of local governments - definition. (1) Except
as expressly provided in section 29-20-104.5, the power and authority
granted by this section does not limit any power or authority presently
exercised or previously granted. Each local government within its respective
jurisdiction has the authority to plan for and regulate the use of land by:
(h) Regulating the surface impacts of oil and gas operations
AND
CLASS
VI INJECTION WELLS in a reasonable manner to address matters
specified in this subsection (1)(h) and to protect and minimize adverse
impacts to public health, safety, and welfare and the environment. Nothing
in this subsection (1)(h) is intended to alter, expand, or diminish the
authority of local governments to regulate air quality under section
25-7-128. For purposes of this subsection (1)(h), "minimize adverse
impacts" means, to the extent necessary and reasonable, to protect public
health, safety, and welfare and the environment by avoiding adverse
impacts from oil and gas operations
AND CLASS VI INJECTION WELLS and
minimizing and mitigating the extent and severity of those impacts that
cannot be avoided. The following matters are covered by this subsection
(1)(h):
(II) The location and siting of oil and gas facilities and oil and gas
locations, as those terms are defined in section 34-60-103 (6.2) and (6.4)
AND THE LOCATION AND SITING OF CLASS VI INJECTION WELLS;
(2) To implement the powers and authority granted in subsection
(1)(h) of this section, a local government within its respective jurisdiction
has the authority to:
(b) Impose fines for leaks, spills, and emissions; and
(c) Impose fees on operators or owners to cover the reasonably
foreseeable direct and indirect costs of permitting and regulation and the
costs of any monitoring and inspection program necessary to address the
impacts of development and to enforce local governmental requirements;
AND
PAGE 30-SENATE BILL 23-016 (d) IMPOSE FEES TO ENHANCE EMERGENCY PREPAREDNESS AND
EMERGENCY RESPONSE CAPABILITIES IF A CARBON DIOXIDE RELEASE
OCCURS
. ALLOWABLE EXPENDITURES OF THE FEES COLLECTED INCLUDE :
(I) P
REPARING EMERGENCY RESPONSE PLANS FOR A CARBON DIOXIDE
RELEASE
;
(II) P
URCHASING ELECTRIC EMERGENCY RESPONSE VEHICLES ;
(III) D
EVELOPING OR MAINTAINING A TEXT MESSAGE OR OTHER
EMERGENCY COMMUNICATION ALERT SYSTEM
;
(IV) P
URCHASING DEVICES THAT ASSIST IN THE DETECTION OF A
CARBON DIOXIDE RELEASE
;
(V) E
QUIPMENT FOR FIRST RESPONDERS , LOCAL RESIDENTS, AND
MEDICAL FACILITIES THAT ASSIST IN THE PREPARATION FOR
, DETECTION OF,
OR RESPONSE TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC OR
HAZARDOUS MATERIALS
; AND
(VI) TRAINING AND TRAINING MATERIALS FOR FIRST RESPONDERS ,
LOCAL RESIDENTS, BUSINESSES, AND OTHER LOCAL ENTITIES TO PREPARE FOR
AND RESPOND TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC OR
HAZARDOUS MATERIALS
.
SECTION 27. In Colorado Revised Statutes, 29-20-108, add (7) as
follows:
29-20-108. Local government regulation - location, construction,
or improvement of major electrical or natural gas facilities - powerline
trail notification - expedited review for certain transmission line
projects - legislative declaration - definitions. (7) A
LOCAL GOVERNMENT
SHALL EXPEDITE
, AS PRACTICABLE, ITS REVIEW OF A LAND USE APPLICATION
WITH REGARD TO A PROPOSED PROJECT TO RENOVATE
, REBUILD, OR
RECONDITION A TRANSMISSION LINE IN ACCORDANCE WITH SECTION
40-42-104 (3)(c).
SECTION 28. In Colorado Revised Statutes, 25-7-105, amend
(1)(e)(II) as follows:
PAGE 31-SENATE BILL 23-016 25-7-105. Duties of commission - technical secretary - rules -
legislative declaration - definitions. (1) Except as provided in sections
25-7-130 and 25-7-131, the commission shall promulgate rules that are
consistent with the legislative declaration set forth in section 25-7-102 and
necessary for the proper implementation and administration of this article
7, including:
(e) (II) Consistent with section 25-7-102 (2)(g), the commission
shall timely promulgate implementing rules and regulations. The
implementing rules may take into account other relevant laws and rules, as
well as voluntary actions taken by local communities and the private sector,
to enhance efficiency and cost-effectiveness, and shall be revised as
necessary over time to ensure timely progress toward the 2025, 2030, 2035,
2040, 2045, and 2050 goals. The implementing rules shall
MUST provide for
ongoing tracking of emission sources that adversely affect
disproportionately impacted communities and are subject to rules
implemented pursuant to this subsection (1)(e) and must include strategies
designed to achieve reductions in harmful air pollution affecting those
communities.
SECTION 29. Appropriation. (1) For the 2023-24 state fiscal
year, $338,270 is appropriated to the department of natural resources for use
by the oil and gas conservation commission. This appropriation is from the
oil and gas conservation and environmental response fund created in section
34-60-122 (5)(a), C.R.S. To implement this act, the commission may use
this appropriation as follows:
(a) $317,122 for program costs, which amount is based on an
assumption that the commission will require an additional 3.2 FTE; and
(b) $21,148 for legal services.
(2) For the 2023-24 state fiscal year, $14,706 is appropriated to the
department of public health and environment for use by the air pollution
control division. This appropriation is from the general fund, and is based
on an assumption that the division will require an additional 0.2 FTE. To
implement this act, the division may use this appropriation for personal
services related to stationary sources.
(3) For the 2023-24 state fiscal year, $21,148 is appropriated to the
PAGE 32-SENATE BILL 23-016 department of law. This appropriation is from reappropriated funds received
from the department of natural resources under subsection (1)(b) of this
section and is based on an assumption that the department of law will
require an additional 0.1 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
natural resources.
SECTION 30. 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
within such period, then the act, item, section, or part will not take effect
PAGE 33-SENATE BILL 23-016 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.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 34-SENATE BILL 23-016