Colorado 2024 Regular Session

Colorado Senate Bill SB208 Latest Draft

Bill / Introduced Version Filed 04/16/2024

                            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-