Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 24-1096.02 Richard Sweetman x4333 SENATE BILL 24-208 Senate Committees House Committees Finance A BILL FOR AN ACT C ONCERNING STANDARDIZATION OF ELECTRIC VEHICLE CHARGING101 STATIONS, AND, IN CONNECTION THEREWITH , ESTABLISHING THE102 ELECTRIC VEHICLE ENTERPRIS E AND THE ELECTRIC VEHICLE103 ENTERPRISE SPECIAL REVENUE FUND .104 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill creates the electric vehicle enterprise (enterprise) in the department of labor and employment (department). The business purpose of the enterprise is to synchronize electric vehicle charging protocols to SENATE SPONSORSHIP Priola and Winter F., HOUSE SPONSORSHIP Mauro and Rutinel, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. create consistency and transparency for electric vehicle charging consumers. The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than 10% of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise, the enterprise is not subject to section 20 of article X of the state constitution. The bill establishes a board of directors for the enterprise, including the board's membership, powers, and duties. The bill authorizes the enterprise to impose and collect a fee beginning July 1, 2025, to be paid by each electric vehicle charging station retailer based on the total number of retail electric vehicle charging stations operated by the retailer and the total number of power supply devices used at such stations. The bill creates the electric vehicle enterprise special revenue fund (fund) and continuously appropriates money in the fund to the enterprise to accomplish its duties. The bill requires the state treasurer, on July 1, 2024, to transfer $264,000 from the general fund to the fund and, on July 1, 2025, to transfer $160,000 from the general fund to the fund for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The money is transferred as a loan to the enterprise, to be paid in full not later than December 31, 2028, with interest. The bill requires the enterprise, in consultation with the Colorado energy office and the division of oil and public safety within the department, to promulgate rules establishing minimum standards related to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote equity in the marketplace. The department must begin enforcing the rules on July 1, 2025, for all electric vehicle charging stations installed before, on, or after July 1, 2025. For the purposes of existing laws concerning fuel products, the bill amends the definitions of the terms "fuel products" and "motor fuel" to include electricity when used to fuel electric vehicles. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 8-20-107 as2 follows:3 8-20-107. Electric vehicle enterprise - creation - board of4 SB24-208-2- directors - electric vehicle enterprise special revenue fund - duties of1 enterprise - registration fees - revenue bonds - rules - legislative2 declaration - definitions - repeal. (1) Legislative declaration. (a) T HE3 GENERAL ASSEMBLY FINDS THAT :4 (I) A S MORE ELECTRIC VEHICLES ENTER THE MARKETPLACE , THERE5 IS A DEMAND AND A NEED FOR MORE RETAIL ELECTRIC VEHICLE CHARGING6 STATIONS FOR ELECTRIC VEHICLE OWNERS AND DRIVERS ; AND7 (II) G IVEN THE RECENT INCREASES IN THE NUMBER AND TYPES OF8 ELECTRIC VEHICLE CHARGING STATIONS IN COLORADO, THERE IS A NEED9 FOR A STANDARDIZATION OF WEIGHTS AND MEASURES USED IN10 ASSOCIATION WITH ELECTRIC VEHICLE CHARGING TO ENSURE11 CONSISTENCY ACROSS THE INDUSTRY AND ACCURACY FOR CONSUMER12 CONFIDENCE AND CONVENIENCE .13 (b) T HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT :14 (I) T HE ELECTRIC VEHICLE ENTERPRISE CREATED IN THIS SECTION15 WILL BENEFIT COLORADO CONSUMERS BY ADDRESSING THE CURRENT16 LACK OF UNIFORMITY AMONG RETAIL ELECTRIC VEHICLE CHARGING17 STATIONS WITH REGARD TO WEIGHTS AND MEASURES ;18 (II) O N JULY 1, 2025, EACH ELECTRIC VEHICLE CHARGING STATION19 RETAILER WILL BEGIN PAYING A REGISTRATION FEE BASED ON THE TOTAL20 NUMBER OF RETAIL ELECTRIC VEHICLE CHARGING STATIONS OPERATED BY21 THE RETAILER AND THE TOTAL NUMBER OF POWER SUPPLY DEVICES USED22 AT SUCH STATIONS;23 (III) T HE ELECTRIC VEHICLE ENTERPRISE WILL PROMULGATE RULES24 TO SYNCHRONIZE ELECTRIC VEHICLE CHARGING PROTOCOLS AND CREATE25 CONSISTENCY AND TRANSPARENCY FOR ELECTRIC VEHICLE CHARGING26 CONSUMERS, WHICH DIRECTLY BENEFITS THE ELECTRIC VEHICLE27 SB24-208 -3- CHARGING STATION RETAILERS WHO PAY THE FEES . BY PROVIDING A1 DIRECT BENEFIT TO FEE PAYERS, THE ENTERPRISE OPERATES AS A BUSINESS2 IN ACCORDANCE WITH THE DETERMINATION OF THE COLORADO SUPREME3 COURT IN COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY OF ASPEN,4 418 P.3d 506 (COLO. 2018).5 (IV) T HE NEEDS AND OPERATIONS OF RETAIL ELECTRIC VEHICLE6 CHARGING STATIONS ARE UNIQUE ; THEREFORE, IT IS NECESSARY TO7 INCLUDE INDIVIDUALS REPRESENTING THE ELECTRIC VEHICLE INDUSTRY8 IN THE MEMBERSHIP OF THE ELECTRIC VEHICLE ENTERPRISE BOARD OF9 DIRECTORS;10 (V) S O LONG AS THE ELECTRIC VEHICLE ENTERPRISE QUALIFIES AS11 AN ENTERPRISE FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE12 CONSTITUTION, THE REVENUE FROM ELECTRIC VEHICLE CHARGING13 STATION FEES COLLECTED BY THE ENTERPRISE IS NOT STATE FISCAL YEAR14 SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE REVENUES,15 AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT COUNT16 AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED BY17 SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS18 STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G);19 AND20 (VI) C ONSISTENT WITH THE DETERMINATION OF THE COLORADO21 SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89622 P.2d 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT23 WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE24 CONSTITUTION, AND IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY25 THAT THE REVENUE THE ELECTRIC VEHICLE ENTERPRISE RECEIVES AS26 REGISTRATION FEES ARE FEES, NOT TAXES, BECAUSE THE FEE AMOUNTS27 SB24-208 -4- CREDITED TO THE ELECTRIC VEHICLE ENTERPRISE SPECIAL REVENUE FUND1 ARE:2 (A) F OR THE SPECIFIC PURPOSE OF ALLOWING THE ELECTRIC3 VEHICLE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE BUSINESS4 SERVICES SPECIFIED IN THIS SECTION THAT BENEFIT THE FEE PAYERS; AND5 (B) C OLLECTED AT RATES THAT ARE REASONABLY CALCULATED6 BASED ON THE COST OF THE BUSINESS SERVICES THE ENTERPRISE7 PROVIDES.8 (2) Definitions. A S USED IN THIS SECTION, UNLESS THE CONTEXT9 OTHERWISE REQUIRES:10 (a) "B OARD" MEANS THE BOARD OF DIRECTORS OF THE11 ENTERPRISE.12 (b) "C OLORADO ENERGY OFFICE" MEANS THE COLORADO ENERGY13 OFFICE CREATED IN SECTION 24-38.5-101.14 (c) "D EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND15 EMPLOYMENT.16 (d) "D IVISION OF OIL AND PUBLIC SAFETY" MEANS THE DIVISION OF17 OIL AND PUBLIC SAFETY CREATED IN SECTION 8-20-101.18 (e) "E LECTRIC VEHICLE CHARGING STATION " MEANS A LOCATION19 THAT FEATURES ONE OR MORE POWER SUPPLY DEVICES THAT SUPPLY20 ELECTRICAL POWER FOR RECHARGING PLUG -IN ELECTRIC VEHICLES.21 (f) "E LECTRIC VEHICLE CHARGING STATION RETAILER " MEANS A22 PERSON WHO OWNS, CONTROLS, OR OPERATES A RETAIL ELECTRIC VEHICLE23 CHARGING STATION.24 (g) "E NTERPRISE" MEANS THE ELECTRIC VEHICLE ENTERPRISE25 CREATED IN SUBSECTION (3) OF THIS SECTION.26 (h) "F UND" MEANS THE ELECTRIC VEHICLE ENTERPRISE SPECIAL27 SB24-208 -5- REVENUE FUND CREATED IN SUBSECTION (9) OF THIS SECTION.1 (i) "P OWER SUPPLY DEVICE" MEANS A DEVICE THAT ENABLES A2 CONSUMER TO CONNECT AND CHARGE AN ELECTRIC VEHICLE AT AN3 ELECTRIC VEHICLE CHARGING STATION .4 (j) "R ETAIL ELECTRIC VEHICLE CHARGING STATION " MEANS AN5 ELECTRIC VEHICLE CHARGING STATION AT WHICH AN ELECTRIC VEHICLE6 CHARGING STATION RETAILER CHARGES A FEE TO VEHICLE OWNERS OR7 OPERATORS FOR RECHARGING AN ELECTRIC VEHICLE .8 (3) (a) T HE ELECTRIC VEHICLE ENTERPRISE IS CREATED IN THE9 DEPARTMENT . THE ENTERPRISE IS AND OPERATES AS A10 GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT IN ORDER TO11 EXECUTE ITS BUSINESS PURPOSE AS SPECIFIED IN SUBSECTION (5) OF THIS12 SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES SET13 FORTH IN THIS SECTION.14 (b) T HE ENTERPRISE IS A TYPE 1 ENTITY, AS DEFINED IN SECTION15 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND16 FUNCTIONS UNDER THE DEPARTMENT .17 (c) T HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES18 OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT19 RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS20 THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL21 C OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT22 CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3), THE23 ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE24 CONSTITUTION.25 (4) (a) T HE BOARD OF DIRECTORS OF THE ENTERPRISE CONSISTS OF26 THE FOLLOWING FIVE MEMBERS :27 SB24-208 -6- (I) THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY OR1 THE DIRECTOR'S DESIGNEE;2 (II) T HE DIRECTOR OF THE COLORADO ENERGY OFFICE OR THE3 DIRECTOR'S DESIGNEE; AND4 (III) T HREE REPRESENTATIVES FROM THE ELECTRIC VEHICLE5 COMMUNITY TO BE APPOINTED BY THE GOVERNOR ON OR BEFORE6 S EPTEMBER 1, 2024, PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION.7 (b) T HE MEMBERS OF THE BOARD APPOINTED PURSUANT TO8 SUBSECTION (4)(a)(III) OF THIS SECTION SHALL EACH SERVE TERMS OF9 THREE YEARS; EXCEPT THAT:10 (I) O NE OF THE APPOINTED MEMBERS SHALL SERVE AN INITIAL11 TERM OF ONE YEAR; AND12 (II) O NE OF THE APPOINTED MEMBERS SHALL SERVE AN INITIAL13 TERM OF TWO YEARS.14 (c) E ACH MEMBER MAY SERVE AN UNLIMITED NUMBER OF TERMS .15 A MEMBER WHO IS APPOINTED TO FILL A VACANCY ON THE BOARD SHALL16 SERVE THE REMAINDER OF THE UNEXPIRED TERM OF THE FORMER MEMBER .17 (d) M EMBERS OF THE BOARD SERVE WITHOUT COMPENSATION BUT18 MUST BE REIMBURSED FROM MONEY IN THE FUND FOR ACTUAL AND19 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THE MEMBERS '20 DUTIES PURSUANT TO THIS SECTION.21 (5) T HE BUSINESS PURPOSE OF THE ENTERPRISE IS TO SYNCHRONIZE22 ELECTRIC VEHICLE CHARGING PROTOCOLS TO CREATE CONSISTENCY AND23 TRANSPARENCY FOR ELECTRIC VEHICLE CHARGING CONSUMERS . TO24 ALLOW THE ENTERPRISE TO ACCOMPLISH THIS PURPOSE AND FULLY25 EXERCISE ITS POWERS AND DUTIES THROUGH THE BOARD , THE ENTERPRISE26 MAY:27 SB24-208 -7- (a) IMPOSE AND COLLECT A FEE AS AUTHORIZED BY SUBSECTION1 (7) OF THIS SECTION; AND2 (b) I SSUE REVENUE BONDS PAYABLE FROM THE REVENUE AND3 OTHER AVAILABLE MONEY OF THE ENTERPRISE PURSUANT TO SUBSECTION4 (8) OF THIS SECTION.5 (6) I N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN6 THIS SECTION, THE BOARD HAS THE FOLLOWING GENERAL POWERS AND7 DUTIES:8 (a) T O SUPERVISE THE ELECTRIC VEHICLE ENTERPRISE ;9 (b) T O ACQUIRE, HOLD TITLE TO, AND DISPOSE OF REAL AND10 PERSONAL PROPERTY AS NECESSARY IN THE EXERCISE OF ITS POWERS AND11 PERFORMANCE OF ITS DUTIES;12 (c) T O CONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ;13 (d) T O REQUEST THE STATE TREASURER TO ACT AS ADVISOR TO14 THE ENTERPRISE TO ISSUE SUCH BONDS AND NOTES AS ARE NECESSARY TO15 MAINTAIN ADEQUATE BALANCES IN THE FUND ; AND16 (e) T O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY17 OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES18 GRANTED BY THIS SECTION.19 (7) I N FURTHERANCE OF ITS BUSINESS PURPOSE , BEGINNING JULY20 1, 2025, THE ENTERPRISE MAY IMPOSE AND COLLECT A FEE IN SUCH21 REASONABLE AMOUNT AS IS NECESSARY TO OFFSET THE DIRECT AND22 INDIRECT COSTS, INCLUDING THE COSTS FOR SALARIES AND OPERATING23 EXPENSES, INCURRED BY THE ENTERPRISE PURSUANT TO THIS ARTICLE 20.24 E ACH ELECTRIC VEHICLE CHARGING STATION RETAILER SHALL PAY THE25 FEE BASED ON THE TOTAL NUMBER OF RETAIL ELECTRIC VEHICLE26 CHARGING STATIONS OPERATED BY THE RETAILER AND THE TOTAL27 SB24-208 -8- NUMBER OF POWER SUPPLY DEVICES USED AT SUCH STATIONS .1 (8) T HE ENTERPRISE MAY ISSUE REVENUE BONDS FOR THE2 EXPENSES OF THE ENTERPRISE, WHICH BONDS MAY BE SECURED BY ANY3 REVENUES OF THE ENTERPRISE . REVENUE FROM THE BONDS ISSUED4 PURSUANT TO THIS SUBSECTION (8) SHALL BE DEPOSITED INTO THE FUND.5 (9) (a) T HE ELECTRIC VEHICLE ENTERPRISE SPECIAL REVENUE FUND6 IS CREATED IN THE STATE TREASURY . THE ENTERPRISE SHALL USE THE7 MONEY IN THE FUND FOR THE PURPOSES DESCRIBED IN THIS SECTION . THE8 FUND CONSISTS OF FEE REVENUE CREDITED TO THE FUND PURSUANT TO9 SUBSECTION (7) OF THIS SECTION; MONEY GENERATED FROM THE ISSUANCE10 OF REVENUE BONDS PURSUANT TO SUBSECTION (8) OF THIS SECTION;11 MONEY CREDITED TO THE FUND PURSUANT TO SUBSECTION (9)(b) OF THIS12 SECTION; MONETARY GIFTS, GRANTS, DONATIONS, OR OTHER PAYMENTS13 RECEIVED BY THE ENTERPRISE ; ANY FEDERAL MONEY THAT MAY BE14 CREDITED TO THE FUND; AND ANY OTHER MONEY THAT THE GENERAL15 ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND . THE STATE16 TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE17 DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND . MONEY18 IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR19 THE PURPOSES SET FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE 'S20 REASONABLE AND NECESSARY OPERATING EXPENSES , INCLUDING THE21 REPAYMENT OF ANY LOAN RECEIVED PURSUANT TO SUBSECTION (9)(b) OF22 THIS SECTION.23 (b) (I) O N JULY 1, 2024, THE STATE TREASURER SHALL TRANSFER24 TWO HUNDRED SIXTY -FOUR THOUSAND DOLLARS FROM THE GENERAL25 FUND TO THE FUND, AND ON JULY 1, 2025, THE STATE TREASURER SHALL26 TRANSFER ONE HUNDRED SIXTY THOUSAND DOLLARS FROM THE GENERAL27 SB24-208 -9- FUND TO THE FUND FOR THE PURPOSE OF DEFRAYING EXPENSES INCURRED1 BY THE ENTERPRISE BEFORE IT RECEIVES FEE REVENUE OR REVENUE BOND2 PROCEEDS. THE ENTERPRISE MAY ACCEPT AND EXPEND ANY OF THE3 MONEY TRANSFERRED, AND, NOTWITHSTANDING ANY STATE FISCAL RULE4 OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD5 OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION , SUCH6 TRANSFERS ARE A LOAN FROM THE DEPARTMENT TO THE ENTERPRISE THAT7 MUST BE REPAID AND ARE NOT A GRANT FOR PURPOSES OF SECTION 208 (2)(d) OF ARTICLE X OF THE STATE CONSTITUTION OR AS DEFINED IN9 SECTION 24-77-102 (7). ALL MONEY TRANSFERRED AS A LOAN TO THE10 ENTERPRISE IS CREDITED TO THE FUND OR TO AN ACCOUNT IN THE FUND .11 L OAN LIABILITIES THAT ARE RECORDED IN THE FUND BUT NOT REQUIRED12 TO BE PAID IN THE CURRENT FISCAL YEAR SHALL NOT BE CONSIDERED13 WHEN CALCULATING SUFFICIENT STATUTORY FUND BALANCE FOR14 PURPOSES OF SECTION 24-75-109.15 (II) N O LATER THAN DECEMBER 31, 2028, THE ENTERPRISE SHALL16 REPAY THE LOAN OF FOUR HUNDRED TWENTY -FOUR THOUSAND DOLLARS17 RECEIVED PURSUANT TO SUBSECTION (9)(b)(I) OF THIS SECTION,18 INCLUDING ACCUMULATED INTEREST . INTEREST ACCRUES ON THE MONEY19 BORROWED AT A RATE PER ANNUM ON THE MOST RECENTLY ISSUED20 TEN-YEAR UNITED STATES TREASURY NOTE, ROUNDED TO THE NEAREST21 ONE-TENTH OF ONE PERCENT , AS REPORTED BY THE "WALL STREET22 J OURNAL", BEGINNING JULY 1, 2025, AND CONTINUING UNTIL THE DATE23 UPON WHICH THE MONEY IS REPAID.24 (III) T HIS SUBSECTION (9)(b) IS REPEALED, EFFECTIVE JULY 1,25 2029.26 (10) (a) O N OR BEFORE JULY 1, 2025, THE ENTERPRISE SHALL27 SB24-208 -10- PROMULGATE RULES ESTABLISHING MINIMUM STANDARDS RELATED TO1 SPECIFICATIONS AND TOLERANCES FOR RETAIL ELECTRIC VEHICLE2 CHARGING EQUIPMENT AND METHODS OF RETAIL SALE AT PUBLICLY3 ACCESSIBLE ELECTRIC VEHICLE CHARGING STATIONS TO PROMOTE EQUITY4 IN THE MARKETPLACE . THE ENTERPRISE MAY CONTRACT WITH THE5 DIVISION OF OIL AND PUBLIC SAFETY AND THE COLORADO ENERGY OFFICE6 IN ORDER TO PROMULGATE THE RULES .7 (b) T HE DEPARTMENT SHALL BEGIN ENFORCING THE RULES ON8 J ULY 1, 2025, FOR ALL ELECTRIC VEHICLE CHARGING STATIONS INSTALLED9 BEFORE, ON, OR AFTER JULY 1, 2025.10 (c) E ACH RULE PROMULGATED PURSUANT TO THIS SUBSECTION11 (10) MUST SUPPORT THE ENTERPRISE 'S BUSINESS SERVICES, INCLUDING12 REMEDIATION SERVICES, IN A MANNER THAT MAINTAINS COMPLIANCE13 WITH THE FEDERAL AND STATE STATUTES , RULES, AND REGULATIONS14 GOVERNING AIR QUALITY.15 (11) T HE ENTERPRISE MAY ENGAGE THE SERVICES OF16 CONTRACTORS AND CONSULTANTS , INCLUDING THE DEPARTMENT AND THE17 ATTORNEY GENERAL 'S OFFICE, FOR PROFESSIONAL AND TECHNICAL18 ASSISTANCE AND ADVICE FOR THE PROVISION OF OTHER SERVICES19 RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE .20 SECTION 2. In Colorado Revised Statutes, 8-20-201, amend (2)21 and (4.5)(a) as follows:22 8-20-201. Definitions. As used in this part 2, unless the context23 otherwise requires:24 (2) "Fuel products" means all gasoline; aviation gasoline; aviation25 turbine fuel; diesel; jet fuel; fuel oil; biodiesel; biodiesel blends;26 kerosene; all alcohol blended fuels; liquefied petroleum gas; gas or27 SB24-208 -11- gaseous compounds, including hydrogen; natural gas, including1 compressed natural gas and liquefied natural gas; ELECTRICITY WHEN2 USED TO FUEL ELECTRIC VEHICLES; and all other volatile, flammable, or3 combustible liquids that are produced, compounded, and offered for sale4 or used for the purpose of generating heat, light, or power in internal5 combustion engines or fuel cells, for cleaning, or for any other similar6 usage.7 (4.5) (a) "Motor fuel" means:8 (I) Any liquid or gas used as fuel to generate power in engines or9 motors; AND10 (II) E LECTRICITY FOR RETAIL ELECTRIC VEHICLE CHARGING .11 SECTION 3. Safety clause. The general assembly finds,12 determines, and declares that this act is necessary for the immediate13 preservation of the public peace, health, or safety or for appropriations for14 the support and maintenance of the departments of the state and state15 institutions.16 SB24-208 -12-