SENATE BILL 23-092
BY SENATOR(S) Simpson and Hansen, Bridges, Buckner, Coleman,
Cutter, Exum, Fields, Gonzales, Hinrichsen, Jaquez Lewis, Marchman,
Mullica, Pelton B., Pelton R., Priola, Roberts, Will, Winter F., Fenberg;
also REPRESENTATIVE(S) McCormick and Soper, Amabile, Bird,
Brown, Dickson, English, Hamrick, Herod, Joseph, Lindsay, Marshall,
Martinez, Mauro, Michaelson Jenet, Parenti, Ricks, Snyder, Story, Titone,
Valdez, Velasco, McCluskie.
C
ONCERNING OPPORTUNITIES FOR VOLUNTARY EMISSION REDUCTIONS IN
AGRICULTURE
, 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, 33-1-110, add (9) as
follows:
33-1-110. Duties of the director of the division - habitat
partnership council, program, committee - created - duties. (9) T
HE
DIRECTOR OR THE DIRECTOR
'S DESIGNEE SHALL PROVIDE CONSULTATION
REGARDING THE IMPACTS OF THE FOLLOWING RESEARCH PROJECTS ON
WILDLIFE
:
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. (a) RESEARCH PROJECTS FOR WHICH THE AGRICULTURAL DROUGHT
AND CLIMATE RESILIENCE OFFICE AWARDS MONEY TO STUDY THE USE OF
AGRIVOLTAICS PURSUANT TO SECTION
35-1-114; AND
(b) A FEASIBILITY STUDY THROUGH WHICH THE COLORADO WATER
CONSERVATION BOARD
, CREATED IN SECTION 37-60-102, STUDIES THE USE
OF FLOATOVOLTAICS PURSUANT TO SECTION
37-60-115 (12).
SECTION 2. In Colorado Revised Statutes, 35-1-114, amend
(1)(c)(II), (2), and (3); and add (4) as follows:
35-1-114. Agricultural drought and climate resilience office -
creation - grants for agrivoltaic demonstration and research projects
- rules - definitions. (1) Legislative declaration. The general assembly
hereby:
(c) Declares that:
(II) The agricultural drought and climate resilience office can best
address and mitigate agricultural climate-related issues on a wide scale by
providing support to and assisting bona fide
agricultural producers in
implementing practices that minimize the impacts of climate change.
(2) Office created. (a) (I) There is hereby created in the department
the agricultural drought and climate resilience office. referred to in this
section as the "office". The office may provide voluntary technical
assistance, nonregulatory programs, and incentives,
INCLUDING GRANTS,
that increase the ability to anticipate, prepare for, mitigate, adapt to, and
respond to hazardous events, trends, or disturbances related to drought or
the climate.
(II) I
N AWARDING GRANTS IN ACCORDANCE WITH THE
COMMISSIONER
'S RULES ADOPTED PURSUANT TO SUBSECTION (3) OF THIS
SECTION
, THE OFFICE SHALL GIVE STRONG CONSIDERATION TO GRANT
APPLICATIONS THAT PROPOSE USING GRANT MONEY TO CONDUCT A NEW OR
ONGOING DEMONSTRATION OR RESEARCH PROJECT AS A MEANS TO STUDY
THE POTENTIAL
, BENEFITS, AND TRADEOFFS OF AGRIVOLTAICS IN THE STATE.
A
NY AGRIVOLTAIC STUDY AWARDED A GRANT PURSUANT TO THIS
SUBSECTION
(2)(a)(II) MUST INCLUDE FINDINGS ON THE ADDITIONAL COSTS ,
PAGE 2-SENATE BILL 23-092 INCLUDING THE ADDITIONAL CAPITAL AND ONGOING MAINTENANCE COSTS ,
FOR THE USE OF AGRIVOLTAICS AS COMPARED TO TRADITIONAL
PHOTOVOLTAICS
. THE ADDITIONAL COSTS MUST BE QUANTIFIED ON BOTH A
DOLLAR
-PER-MEGAWATT AND A DOLLAR -PER-MEGAWATT-HOUR BASIS.
(b) The office shall advise the commissioner, the Colorado
agricultural value-added development board created in section 35-75-203,
other state agencies, and the governor on the impact to agriculture of
drought and climate policies and programs.
(c) The commissioner shall appoint the head of the office.
(3) (a) Rules. The commissioner may promulgate rules necessary for
the administration of the office's assistance, programs, and incentives,
including grants,
CONSISTENT WITH THIS SUBSECTION (3). Before
promulgating the rules, the commissioner shall convene a stakeholder
group, including representatives of organizations whose membership
consists of agricultural producers engaged in the production of the top ten
agricultural commodities produced in Colorado, and
members of the state
conservation board created in section 35-70-103 (1)(a),
AND
REPRESENTATIVES OF THE SOLAR ENERGY DEVELOPMENT INDUSTRY
. The
stakeholder group shall advise the commissioner as to the needs of the
agriculture industry to respond to and mitigate the impacts of climate
change on agricultural production For the purpose of this section, "bona fide
agricultural producer" means an agricultural producer that receives a
majority of the producer's annual income from agriculture, an agricultural
producer that spends more than one thousand forty hours per year engaged
in agricultural production, or a Colorado business that processes agricultural
products AND SOLUTIONS FROM THE SOLAR ENERGY DEVELOPMENT
INDUSTRY ON PROVIDING FEASIBLE SOLUTIONS FOR PRODUCING ELECTRICITY
ON AGRICULTURAL LANDS WHILE CONTRIBUTING ECOLOGICAL AND
AGRICULTURAL BENEFITS
.
(b) Assistance, programs, and incentives. (I) Except for a
program,
ASSISTANCE, INCENTIVE, or support administered by the office to
address immediate needs as a result of disaster, including wildfire and
drought, or a program that was in existence on January 1, 2021,
(a) a program, ASSISTANCE, INCENTIVE, OR SUPPORT administered by
the office must be designed to benefit bona fide agricultural producers
PAGE 3-SENATE BILL 23-092 actively engaged in agriculture INCLUDE NEW OR ONGOING DEMONSTRATION
OR RESEARCH PROJECTS TO DEMONSTRATE OR STUDY THE USE OF
AGRIVOLTAICS TO
:
(A) H
ELP PREPARE FOR AND MITIGATE THE IMPACTS THAT CLIMATE
CHANGE OR DROUGHT HAVE ON AGRICULTURE
;
(B) R
EDUCE ENERGY COSTS IN AGRICULTURE ;
(C) I
MPROVE THE ECONOMIC RESILIENCE OF AGRICULTURAL
PRODUCERS
;
(D) M
INIMIZE NEGATIVE ENVIRONMENTAL IMPACTS OF
PHOTOVOLTAIC ENERGY PRODUCTION FACILITIES ON SOIL HEALTH
, NATIVE
VEGETATION
, STATE AND FEDERAL LISTED SPECIES, WILDLIFE MIGRATION
CORRIDORS
, AND THE SPECIES, HABITATS, AND ECOSYSTEMS THAT ARE OF
THE GREATEST CONSERVATION NEED
; AND
(E) PROVIDE OTHER STATEWIDE ENVIRONMENTAL BENEFITS , AS
IDENTIFIED BY THE OFFICE
.
(II) Grants awarded by the office must pay for implementation of
practices to address and mitigate the impacts of climate change or drought
ON AGRICULTURE or to provide direct adaptation support for impacted
agricultural communities, including mental health resources, conflict
resolution assistance, and risk-management guidance. A grant award may
pay no more than five percent of administrative expenses incurred by a bona
fide AN agricultural producer to implement the practices.
(b) (III) The department shall, at least thirty days before opening the
grant application process, make available, on its website, information
related to the grant program available
to bone fide agricultural producers.
(c) (IV) A grant authorized pursuant to this section must receive
final approval by the commission before a final award can be issued. and
(d) (V) The department shall post on its website all applications for
grant awards. Within fifteen days after awarding a grant, the department
shall post on its website the name of the individual or entity receiving a
grant, the amount of the grant awarded, the project or projects to be funded
PAGE 4-SENATE BILL 23-092 by the grant, and the duration of the grant award.
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
GRIVOLTAICS" MEANS ONE OR MORE SOLAR ENERGY
GENERATION FACILITIES DIRECTLY INTEGRATED WITH AGRICULTURAL
ACTIVITIES
, INCLUDING CROP PRODUCTION, GRAZING, ANIMAL HUSBANDRY,
APIARIES, COVER CROPPING TO IMPROVE SOIL HEALTH OR INSECT HABITAT
BENEFITS OR CARBON SEQUESTRATION
, OR PRODUCTION OF AGRICULTURAL
COMMODITIES FOR SALE IN THE RETAIL OR WHOLESALE MARKET
.
(b) "O
FFICE" MEANS THE AGRICULTURAL DROUGHT AND CLIMATE
RESILIENCE OFFICE CREATED IN SUBSECTION
(2) OF THIS SECTION.
SECTION 3. In Colorado Revised Statutes, add 35-1-120 as
follows:
35-1-120. Study of greenhouse gas reduction and carbon
sequestration opportunities in agriculture and agricultural land
management - definitions - reporting - rules. (1) (a) (I) I
N ACCORDANCE
WITH SUBSECTION
(1)(a)(II) OF THIS SECTION, THE COMMISSIONER OR THE
COMMISSIONER
'S DESIGNEE SHALL CONDUCT A STUDY TO EXAMINE
GREENHOUSE GAS REDUCTION AND CARBON SEQUESTRATION OPPORTUNITIES
IN THE AGRICULTURAL SECTOR AND IN AGRICULTURAL LAND MANAGEMENT
IN THE STATE
, INCLUDING:
(A) S
OIL HEALTH MANAGEMENT PRACTICES , INCLUDING COVER
CROPPING
, MANURE MANAGEMENT , SOIL AMENDMENTS , ROTATIONAL
GRAZING
, RANGELAND MANAGEMENT , LOW- AND NO-TILL PRACTICES, AND
HEDGE GROWS
;
(B) T
HE USE OF DRY DIGESTERS; AND
(C) AN INVESTIGATION INTO THE POTENTIAL FOR CREATING AND
OFFERING A CERTIFIED GREENHOUSE GAS OFFSET PROGRAM AND CREDIT
INSTRUMENTS TO PROVIDE FUNGIBLE GREENHOUSE GAS OFFSETS FOR
AGRICULTURAL PRODUCERS AND IN AGRICULTURAL LAND MANAGEMENT
.
(II) T
HE COMMISSIONER OR COMMISSIONER 'S DESIGNEE SHALL
PAGE 5-SENATE BILL 23-092 CONDUCT THE STUDY IN CONSULTATION WITH THE COLORADO ENERGY
OFFICE CREATED IN SECTION
24-38.5-101, THE AIR QUALITY CONTROL
COMMISSION CREATED IN SECTION
25-7-104 (1), THE NATURAL AND
WORKING LANDS TASK FORCE CONVENED BY THE DEPARTMENT OF NATURAL
RESOURCES
, THE COLORADO STATE FOREST SERVICE , AND AN INSTITUTION
OF HIGHER EDUCATION WITH EXPERTISE IN CLIMATE CHANGE MITIGATION
,
ADAPTATION BENEFITS, AND OTHER ENVIRONMENTAL BENEFITS RELATED TO
AGRICULTURAL RESEARCH
.
(b) (I) A
NY CERTIFIED GREENHOUSE GAS OFFSET PROGRAM AND
CREDIT INSTRUMENTS OFFERED MUST REFLECT REAL
, ADDITIONAL,
QUANTIFIABLE, PERMANENT, VERIFIABLE, AND ENFORCEABLE REDUCTIONS
IN GREENHOUSE GAS EMISSIONS THAT ARE EQUIVALENT TO THE OFFSETS
PROVIDED AND MUST NOT REQUIRE AGRICULTURAL PRODUCERS
'
PARTICIPATION.
(II) G
REENHOUSE GAS OFFSETS DEVELOPED FOR AGRICULTURAL
PRODUCERS AND IN AGRICULTURAL LAND MANAGEMENT IN ACCORDANCE
WITH THIS SECTION
:
(A) M
AY BE INCORPORATED INTO THE AIR QUALITY CONTROL
COMMISSION
'S RULES, INCLUDING RULES ADOPTED UNDER SECTION 25-7-105
(1)(e),
AND, SPECIFICALLY, RULES CONCERNING COORDINATION WITH OTHER
JURISDICTIONS PURSUANT TO THE AUTHORITY GRANTED IN
, AND THE
CONSIDERATIONS REQUIRED UNDER
, SECTION 25-7-105 (1)(e)(V);
(B) M
AY BE USED AS COMPLIANCE INSTRUMENTS BY A SOURCE
REGULATED UNDER ARTICLE
7 OF TITLE 25, WITH EMISSION REDUCTION
OBLIGATIONS ESTABLISHED BY THE AIR QUALITY CONTROL COMMISSION
THAT ENSURE THAT THE ANNUAL
, OVERALL, ABSOLUTE EMISSIONS FROM THE
SOURCE
, SECTOR, OR GROUP OF SOURCES DECLINE CONSISTENT WITH THE
STATEWIDE GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN
SECTION
25-7-102 (2)(g); EXCEPT THAT, IF THE SOURCE IS LOCATED IN A
DISPROPORTIONATELY IMPACTED COMMUNITY
, THE COMMISSION SHALL
ESTABLISH BY RULE AN ANNUAL
, ABSOLUTE EMISSION REDUCTION
OBLIGATION SPECIFIC TO THE SOURCE
;
(C) M
UST NOT BE AVAILABLE AS AN INSTRUMENT FOR EMISSIONS
REDUCTION COMPLIANCE UNDER SECTION
25-7-105 (1)(e)(V) UNLESS THE
COMMISSION HAS ADOPTED RULES ESTABLISHING AN ANNUAL
, ABSOLUTE
PAGE 6-SENATE BILL 23-092 EMISSION REDUCTION OBLIGATION FOR THE RELEVANT SECTOR THAT IS
CONSISTENT WITH THE STATEWIDE GREENHOUSE GAS EMISSION REDUCTION
GOALS
.
(c) T
HE STUDY MUST IDENTIFY POLICY MECHANISMS TO AVOID THE
IMPACTS THAT THE USE OF GREENHOUSE GAS OFFSETS BY REGULATED
SOURCES COULD HAVE ON DISPROPORTIONATELY IMPACTED COMMUNITIES
.
(2) T
HE COMMISSIONER OR THE COMMISSIONER 'S DESIGNEE SHALL
SUBMIT TO THE GENERAL ASSEMBLY
:
(a) A
REPORT SUMMARIZING THE PROGRESS ON THE STUDY ON OR
BEFORE
OCTOBER 1, 2024; AND
(b) A FINAL REPORT ON THE STUDY ON OR BEFORE OCTOBER 1, 2025.
T
HE FINAL REPORT MUST INCLUDE ANY LEGISLATIVE , REGULATORY, OR
OTHER RECOMMENDATIONS FOR DESIGNING AND IMPLEMENTING
GREENHOUSE GAS REDUCTION AND CARBON SEQUESTRATION OPPORTUNITIES
FOR THE AGRICULTURAL SECTOR AND IN AGRICULTURAL LAND MANAGEMENT
IN THE STATE
.
(3) (a) (I) U
PON CONCLUSION OF THE STUDY, WITH REGARD TO ANY
RECOMMENDATIONS IN THE STUDY THAT DO NOT REQUIRE LEGISLATIVE
CHANGES
, THE COMMISSIONER, IN CONSULTATION WITH THE COLORADO
ENERGY OFFICE AND THE AIR QUALITY CONTROL COMMISSION
, MAY ADOPT
RULES TO IMPLEMENT THE RECOMMENDATIONS
.
(II) A
NY RULES ADOPTED PURSUANT TO THIS SUBSECTION (3)(a)
MUST NOT MANDATE PARTICIPATION BY AGRICULTURAL PRODUCERS IN ANY
GREENHOUSE GAS OFFSET PROGRAM OR ANY OTHER GREENHOUSE GAS
REDUCTION AND CARBON SEQUESTRATI ON PROGRAMS OR MECHANISMS
DEVELOPED IN RULE
, BUT THE RULES MAY PROVIDE INCENTIVES TO
AGRICULTURAL PRODUCERS FOR THEIR VOLUNTARY PARTICIPATION IN ANY
PROGRAM OR MECHANISM DEVELOPED IN RULE PURSUANT TO THIS
SUBSECTION
(3)(a).
(b) I
F THE COMMISSIONER ADOPTS RULES PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, THE DEPARTMENT SHALL INCLUDE A SUMMARY OF
THE RULES AS PART OF THE DEPARTMENT
'S REGULATORY AGENDA THAT IT
FILES PURSUANT TO SECTION
2-7-203 (4) AND THAT IS INCLUDED IN THE
PAGE 7-SENATE BILL 23-092 DEPARTMENT'S "SMART ACT" PRESENTATION THAT IMMEDIATELY FOLLOWS
THE ADOPTION OF THE RULES
.
(4) N
OTHING IN THIS SECTION REQUIRES THE AIR QUALITY CONTROL
COMMISSION TO ADOPT RULES FOR GREENHOUSE GAS EMISSION OFFSETS OR
CREDIT MECHANISMS OR TO ACCEPT ANY GREEN HOUSE GAS EMISSION
OFFSETS OR CREDIT MECHANISMS AS COMPLIANCE INSTRUMENTS FOR
EMISSION REDUCTION COMPLIANCE OR VERIFICATION
.
(5) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "A
NAEROBIC DIGESTER" MEANS A SEALED, OXYGEN-FREE TANK
INTO WHICH FEEDSTOCK
, SUCH AS FOOD WASTE , ANIMAL MANURE, OR
WASTEWATER SLUDGE
, IS PLACED FOR ANAEROBIC DIGESTION BY
MICROORGANISMS
. AN ANAEROBIC DIGESTER CAN BE USED AS A MEANS OF
WASTE DISPOSAL OR ENERGY PRODUCTION
.
(b) "D
ISPROPORTIONATELY IMPACTED COMMUNITIES " HAS THE
MEANING SET FORTH IN SECTION
24-4-109 (2)(b)(II).
(c) "D
RY DIGESTER" MEANS AN ANAEROBIC DIGESTER THAT
PROCESSES FEEDSTOCK WITH A LOW MOISTURE CONTENT
.
SECTION 4. In Colorado Revised Statutes, 37-60-115, add (12) as
follows:
37-60-115. Water studies - rules - reports - definitions - repeal.
(12) (a) Study. (I) T
HE BOARD, IN CONSULTATION WITH THE STATE
ENGINEER
, THE COLORADO ENERGY OFFICE , AND THE INSTITUTE, SHALL
CONDUCT A STUDY TO DETERMINE THE FEASIBILITY OF THE USE OF
FLOATOVOLTAICS AS A MEANS OF INCREASING THE BENEFICIAL
CONSUMPTIVE USE OF STATE WATERS BY REDUCING EVAPORATION FROM
,
AND LOWERING TEMPERATURES OF , IRRIGATION CANALS AND RESERVOIRS
UPON WHICH FLOATOVOLTAIC INFRASTRUCTURE IS PLACED
. IN STUDYING
THE FEASIBILITY OF USING FLOATOVOLTAICS
, THE BOARD SHALL ENSURE
THAT ANY FLOATOVOLTAIC INFRASTRUCTURE USED IN THE STUDY DOES NOT
INTERFERE WITH INSTREAM FLOWS
, AS DESCRIBED IN SECTION 37-92-102 (3),
OR WITH WATER RIGHTS OWNERS' ABILITY TO DIVERT WATER FOR BENEFICIAL
USE
.
PAGE 8-SENATE BILL 23-092 (II) THE BOARD MAY CONTRACT WITH THE INSTITUTE , A THIRD
PARTY
, OR BOTH, TO DESIGN, CARRY OUT, AND ANALYZE THE RESULTS OF
THE STUDY REQUIRED IN THIS SUBSECTION
(12)(a). IF THE BOARD DEEMS
APPROPRIATE
, THE STUDY MUST BE CONDUCTED IN CONSIDERATION OF AND
RELIANCE ON RELEVANT STUDIES COMPLETED IN THE STATE AND
NATIONALLY
.
(b) Report. O
N OR BEFORE JANUARY 1, 2025, THE BOARD SHALL
SUBMIT A REPORT OF THE FINDINGS AND CONCLUSIONS OF THE STUDY TO THE
HOUSE OF REPRESENTATIVES AGRICULTURE
, WATER, AND NATURAL
RESOURCES COMMITTEE AND THE SE NATE AGRICULTURE AND NATURAL
RESOURCES COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES .
(c) A
S USED IN THIS SUBSECTION (12), UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(I) "B
ENEFICIAL USE" HAS THE MEANING SET FORTH IN SECTION
37-92-103 (4).
(II) "D
IVERT" HAS THE MEANING SET FORTH IN SECTION 37-92-103
(7).
(III) "F
LOATOVOLTAICS" MEANS ONE OR MORE SOLAR ENERGY
GENERATION FACILITIES PLACED OVER
, NEAR, OR FLOATING ON IRRIGATION
CANALS OR RESERVOIRS IN THE STATE
.
(IV) "I
NSTITUTE" MEANS THE COLORADO WATER INSTITUTE
CREATED IN SECTION
23-31-801.
(V) "W
ATER RIGHT" HAS THE MEANING SET FORTH IN SECTION
37-92-103 (12).
(VI) "W
ATERS OF THE STATE" HAS THE MEANING SET FORTH IN
SECTION
37-92-103 (13).
SECTION 5. In Colorado Revised Statutes, 39-3-122, add (3) and
(4) as follows:
39-3-122. Agricultural equipment used in production of
agricultural products - CEA facilities - exemption - definition. (3) O
N
PAGE 9-SENATE BILL 23-092 AND AFTER JANUARY 1, 2024, BUT BEFORE JANUARY 2, 2029, PERSONAL
PROPERTY IS EXEMPTED FROM THE LEVY AND COLLECTION OF PROPERTY TAX
IF THE PROPERTY IS MACHINERY OR EQUIPMENT THAT IS PART OF A SOLAR
ENERGY GENERATING SYSTEM THAT IS USED FOR AGRIVOLTAICS
, AND IF THE
PROPERTY
:
(a) I
NCORPORATES NOVEL DESIGNS , TECHNOLOGIES, OR
CONFIGURATIONS THAT SIGNIFICANTLY EXPAND THE POTENTIAL FOR
AGRICULTURAL ACTIVITIES
, INCLUDING BY:
(I) E
LEVATING THE BOTTOM EDGE HEIGHT OF THE PANELS AT LEAST
SIX FEET ABOVE THE GROUND
;
(II) U
TILIZING TRANSLUCENT PANELS OR PANELS WITH TUBULAR OR
OTHER INNOVATIVE PANEL GEOMETRY THAT SUPPORTS AGRIVOLTAICS
;
(III) I
NCORPORATING ALTERNATIVE SOLAR TRACKING ALGORITHMS
THAT ARE TAILORED TO OPTIMIZE VEGETATIVE GROWTH
;
(IV) I
NCORPORATING EXTENDED ROW OR PANEL SPACING IN A
MANNER THAT ENABLES AGRICULTURAL ACTIVITIES
;
(V) I
NCORPORATING MODIFIED WIRE MANAGEMENT SYSTEMS THAT
SUPPORT LIVESTOCK
, INCLUDING RAISING, LOWERING, OR BURYING WIRING;
(VI) I
NCORPORATING INNOVATIVE PHOTOVOLTAIC RACKING
STRUCTURES
, INCLUDING TENSIONED WIRE RACKING SYSTEMS ,
SUSPENSION-BASED SYSTEMS, OR OTHER DYNAMIC PHOTOVOLTAIC RACKING
SYSTEMS OR ARRANGEMENTS
;
(VII) I
NCORPORATING AGRICULTURAL INFRASTRUCTURE THAT IS
TYPICALLY FOUND ON A FARM OR RANCH OPERATION
, SUCH AS
AGRICULTURAL FENCES
, WATER SOURCES AND DISTRIBUTION , WATER
TROUGHS AND TANKS
, CORRALS, LIVESTOCK PENS, OR PRODUCE HANDLING
EQUIPMENT
; OR
(VIII) INCORPORATING AGRICULTURAL STRUCTURES THAT ARE
TYPICALLY FOUND ON AN AGRICULTURAL OPERATION
, SUCH AS A TRACTOR
SHED
, A BARN, OR STRUCTURES FOR EQUIPMENT STORAGE , PRODUCE
WASHING
, STORAGE, PROCESSING, OR CHILLING AND PACKAGING;
PAGE 10-SENATE BILL 23-092 (b) IS CONSTRUCTED IN A MANNER THAT MINIMIZES SOIL
COMPACTION UNDERNEATH AND IN BETWEEN PANELS
; AND
(c) IS CONSTRUCTED TO INCORPORATE DESIGN STRATEGIES THAT ARE
PLANNED WITH THE INTENT TO MINIMIZE THE NEGATIVE ENVIRONMENTAL
IMPACT OF PHOTOVOLTAIC ENERGY PRODUCTION FACILITIES ON
ECOSYSTEMS
, NATIVE VEGETATION, STATE AND FEDERALLY LISTED SPECIES,
WILDLIFE MIGRATION CORRIDORS , AND THE SPECIES, HABITATS, AND
ECOSYSTEMS OF GREATEST CONSERVATION NEED
.
(4) A
S USED IN THIS SECTION, "AGRIVOLTAICS" HAS THE MEANING
SET FORTH IN SECTION
35-1-114 (4)(a).
SECTION 6. In Colorado Revised Statutes, 39-4-101, amend (3.5)
as follows:
39-4-101. Definitions. As used in this article 4, unless the context
otherwise requires:
(3.5) (a) "Solar energy facility" means a new facility first placed in
production on or after January 1, 2009, that uses real and personal property,
including but not limited to
one or more solar energy devices, as defined in
section 38-32.5-100.3 (2), leaseholds, and easements, to generate and,
EXCEPT AS PROVIDED IN SUBSECTION (3.5)(b) OF THIS SECTION, deliver to the
interconnection meter any source of electrical, thermal, or mechanical
energy in excess of two megawatts by harnessing the radiant energy of the
sun, including any connected device for which the primary purpose is to
store energy, and that is not primarily designed to supply electricity for
consumption on site.
(b) "S
OLAR ENERGY FACILITY " INCLUDES FACILITIES FOR
AGRIVOLTAICS
, AS DEFINED IN SECTION 35-1-114 (4)(a), AND FOR
FLOATOVOLTAICS
, AS DEFINED IN SECTION 37-60-115 (12)(c)(III).
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$611,870 General Fund is appropriated to the department of agriculture for
use by the commissioner's office and administrative services. To implement
this act, the office may use this appropriation as follows:
(a) $24,370 for personal services, which amount is based on an
PAGE 11-SENATE BILL 23-092 assumption that the office will require an additional 0.3 FTE;
(b) $87,500 for operating expenses; and
(c) $500,000 for agrivoltaics grants.
SECTION 8. 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
unless approved by the people at the general election to be held in
PAGE 12-SENATE BILL 23-092 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 13-SENATE BILL 23-092