SENATE BILL 24-212
BY SENATOR(S) Hansen and Fenberg, Priola, Buckner, Cutter, Fields,
Jaquez Lewis, Michaelson Jenet, Winter F.;
also REPRESENTATIVE(S) Brown and McCormick, Amabile, Bacon,
Bird, Boesenecker, Daugherty, deGruy Kennedy, Duran, Froelich,
Hamrick, Jodeh, Joseph, Kipp, Lindsay, McLachlan, Ortiz, Rutinel, Snyder,
Titone, Valdez, Vigil, Weissman, Willford, McCluskie
.
C
ONCERNING MEASURES TO FACILITATE THE CONSTRUCTION OF RENEWABLE
ENERGY PROJECTS
, 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 part 4 to article 20
of title 29 as follows:
PART 4
RENEWABLE ENERGY PROJECTS
29-20-401. Short title. T
HE SHORT TITLE OF THIS PART 4 IS THE
"RENEWABLE ENERGY PROJECTS ACT".
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. 29-20-402. Legislative declaration. (1) T HE GENERAL ASSEMBLY
FINDS THAT
:
(a) N
EW RENEWABLE ENERGY PROJECTS AND DEVELOPMENT OF A
SKILLED RENEWABLE ENERGY WORKFORCE ARE NEEDED IN ORDER TO MAKE
PROGRESS ON THE STATE
'S GREENHOUSE GAS EMISSION REDUCTION GOALS
WHILE ALSO PROTECTING PUBLIC HEALTH
, SAFETY, WELFARE, AND THE
ENVIRONMENT
, INCLUDING WILDLIFE RESOURCES;
(b) T
HE PROTECTION OF HEALTHY, INTACT ECOSYSTEMS RESULTS IN
RESILIENT LANDS AND WATERS THAT CAN BE UTILIZED AS NATURE
-BASED
SOLUTIONS TO MITIGATE SOME IMPACTS OF CLIMATE CHANGE
;
(c) C
OLORADO WILL LIKELY NEED TO TRIPLE WIND ENERGY CAPACITY
AND QUINTUPLE SOLAR ENERGY CAPACITY BY THE YEAR
2040 IN ORDER TO
MEET THE STATE
'S GREENHOUSE GAS EMISSION REDUCTION GOALS
DESCRIBED IN SECTION
25-7-102;
(d) T
HE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES AND
TRANSMISSION WILL GENERATE COST SAVINGS FOR ELECTRICITY
CONSUMERS
, PROVIDE ECONOMIC OPPORTUNITY AND WORKFORCE
DEVELOPMENT
, PROVIDE MORE STABLE ENERGY PRICES BY REDUCING
DEPENDENCE ON COMMODITIES WITH VARIABLE PRICES
, REDUCE HARMFUL
AIR POLLUTION
, IMPROVE PUBLIC HEALTH, INCREASE ENERGY SECURITY, AND
BRING ECONOMIC BENEFITS TO LANDOWNERS AND LOCAL COMMUNITIES
; AND
(e) THERE MAY BE OPPORTUNITIES TO STREAMLINE AND EXPEDITE
PERMITTING OF RENEWABLE ENERGY PROJECTS IN STRATEGIC AREAS
.
29-20-403. Definitions. A
S USED IN THIS PART 4, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "B
RUNOT AGREEMENT" MEANS THE AGREEMENT OF SEPTEMBER
13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 18 STAT. 36 (1874).
(2) "B
RUNOT AREA" MEANS THE LAND RELINQUISHED AND
CONVEYED BY THE CONFEDERATED BANDS OF THE
UTE NATION TO THE
UNITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE UNITED
STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG AS THE
GAME LASTS AND THE
INDIANS ARE AT PEACE WITH THE WHITE PEOPLE ".
PAGE 2-SENATE BILL 24-212 (3) "COLORADO ENERGY OFFICE " OR "OFFICE" MEANS THE
COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.
(4) "C
OMMERCIAL ENERGY STORAGE FACILITY " MEANS
COMMERCIALLY AVAILABLE TECHNOLOGY THAT IS CAPABLE OF RETAINING
ENERGY
, STORING THE ENERGY FOR A PERIOD OF TIME, AND DELIVERING THE
ENERGY AFTER STORAGE BY CHEMICAL MEANS
.
(5) "C
OMMERCIAL ENERGY TRANSMISSION FACILITY " MEANS ALL
STRUCTURES
, EQUIPMENT, AND REAL PROPERTY NECESSARY TO TRANSFER
ELECTRICITY AT SYSTEM BULK SUPPLY VOLTAGE OF ONE HUNDRED
KILOVOLTS OR MORE
.
(6) "C
OMMERCIAL SOLAR ENERGY FACILITY " MEANS ANY DEVICE OR
ASSEMBLY OF DEVICES THAT
:
(a) I
S GROUND INSTALLED;
(b) H
AS AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT OF
TOTAL NAMEPLATE GENERATING CAPACITY
; AND
(c) USES SOLAR ENERGY TO GENERATE ELECTRICITY FOR THE
PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALE AND NOT PRIMARILY FOR
CONSUMPTION ON THE PROPERTY ON WHICH THE DEVICE OR DEVICES RESIDE
.
(7) "C
OMMERCIAL WIND ENERGY FACILITY " MEANS A WIND ENERGY
CONVERSION FACILITY WITH A TOTAL NAMEPLATE GENERATING CAPACITY
OF ONE
-HALF MEGAWATT OR GREATER .
(8) "D
IVISION OF PARKS AND WILDLIFE" OR "DIVISION" MEANS THE
DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION
33-9-104.
(9) "E
NERGY AND CARBON MANAGEMENT COMMISSION " MEANS THE
ENERGY AND CARBON MANAGEMENT COMMISSION CREATED IN SECTION
34-60-104.3.
(10) "F
ACILITY" MEANS:
(a) A
COMMERCIAL WIND ENERGY FACILITY ;
PAGE 3-SENATE BILL 24-212 (b) A COMMERCIAL SOLAR ENERGY FACILITY ; OR
(c) A COMMERCIAL ENERGY STORAGE FACILITY .
(11) "F
ACILITY OWNER" MEANS:
(a) A
PERSON WITH A DIRECT OWNERSHIP INTEREST IN A FACILITY ,
REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING RIGHTS
AND PERMITS FOR THE FACILITY OR OTHERWISE PLANNING FOR THE
CONSTRUCTION AND OPERATION OF THE FACILITY
; OR
(b) DURING THE TIME A FACILITY IS BEING DEVELOPED , A PERSON
THAT IS ACTING AS A DEVELOPER OF THE FACILITY BY ACQUIRING
NECESSARY RIGHTS
, PERMITS, AND APPROVALS OR BY PLANNING FOR THE
CONSTRUCTION AND OPERATION OF THE FACILITY
, REGARDLESS OF WHETHER
THE PERSON WILL OWN OR OPERATE THE FACILITY
.
(12) "H
IGH-PRIORITY HABITAT" HAS THE MEANING SET FORTH IN
SECTION
34-60-132.
(13) "L
ABOR ORGANIZATION " MEANS A BONA FIDE LABOR
ORGANIZATION WITHIN THE MEANING OF
29 U.S.C. SEC. 152 OF THE FEDERAL
"NATIONAL LABOR RELATIONS ACT", PUB.L. 74-198, THAT REPRESENTS OR
SEEKS TO REPRESENT WORKERS ENGAGED IN THE CONSTRUCTION
,
OPERATIONS, AND MAINTENANCE OF COVERED RENEWABLE ENERGY
PROJECTS OR WORKING IN THE SUPPLY CHAIN FOR SUCH PROJECTS
.
(14) "L
OCAL GOVERNMENT " MEANS A MUNICIPAL OR COUNTY
GOVERNMENT OF A COMMUNITY IN WHICH A RENEWABLE ENERGY PROJECT
IS PROPOSED TO BE LOCATED
.
(15) "R
ENEWABLE ENERGY PROJECT " OR "PROJECT" MEANS A
PROJECT TO ESTABLISH A FACILITY
.
(16) "T
RIBAL GOVERNMENT" MEANS THE TRIBAL GOVERNMENT OF
THE
UTE MOUNTAIN UTE TRIBE OR THE SOUTHERN UTE INDIAN TRIBE.
29-20-404. Technical support for renewable energy projects -
duties of energy and carbon management commission - duties of
division of parks and wildlife - duties of Colorado energy office - code
PAGE 4-SENATE BILL 24-212 repository - report - repeal. (1) (a) A T THE REQUEST OF A LOCAL
GOVERNMENT OR A TRIBAL GOVERNMENT
, THE DIRECTOR OF THE ENERGY
AND CARBON MANAGEMENT COMMISSION SHALL PROVIDE TECHNICAL
SUPPORT TO THE LOCAL GOVERNMENT OR TRIBAL GOVERNMENT
CONCERNING
:
(I) T
HE DEVELOPMENT OF LOCAL CODES GOVERNING RENEWABLE
ENERGY PROJECTS
; OR
(II) THE REVIEW OF RENEWABLE ENERGY PROJECTS FOR WHICH A
LOCAL GOVERNMENT OR A TRIBAL GOVERNMENT RECEIVES AN APPLICATION
FOR LAND USE APPROVAL AFTER
JUNE 30, 2024.
(b) W
HEN PROVIDING TECHNICAL SUPPORT AS DESCRIBED IN
SUBSECTION
(1)(a) OF THIS SECTION, THE DIRECTOR OF THE ENERGY AND
CARBON MANAGEMENT COMMISSION MAY COLLABORATE WITH OTHER STATE
AGENCIES
.
(c) I
N ITS ANNUAL PRESENTATION TO THE LEGISLATIVE COMMITTEES
OF REFERENCE PURSUANT TO SECTION
2-7-203, THE DEPARTMENT OF
NATURAL RESOURCES SHALL INCLUDE INFORMATION INDICATING HOW MANY
LOCAL AND TRIBAL GOVERNMENTS REQUESTED SUPPORT FROM THE ENERGY
AND CARBON MANAGEMENT COMMISSION
, AS DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION, DURING THE PRECEDING YEAR.
(2) (a) A
T THE REQUEST OF A FACILITY OWNER, LOCAL GOVERNMENT,
OR TRIBAL GOVERNMENT , THE DIVISION OF PARKS AND WILDLIFE SHALL
PROVIDE THE FACILITY OWNER
, LOCAL GOVERNMENT , OR TRIBAL
GOVERNMENT A SET OF BEST MANAGEMENT PRACTICES TO AVOID
, MINIMIZE,
AND MITIGATE WILDLIFE IMPACTS OF RENEWABLE ENERGY PROJECTS .
(b) T
HE BEST MANAGEMENT PRACTICES AVAILABLE AT THE TIME OF
APPLICATION WITH A LOCAL GOVERNMENT OR TRIBAL GOVERNMENT FOR
LAND USE APPROVAL OF A RENEWABLE ENERGY PROJECT MAY BE
INCORPORATED INTO PROJECT PLANS AT THE DISCRETION OF THE FACILITY
OWNER
.
(c) T
HE BEST MANAGEMENT PRACTICES MAY BE CONSIDERED AS
CONDITIONS OF APPROVAL BY A LOCAL GOVERNMENT OR TRIBAL
GOVERNMENT WITH LAND USE AUTHORITY OR REGULATORY AUTHORITY
PAGE 5-SENATE BILL 24-212 OVER A PROJECT FOR A RENEWABLE ENERGY PROJECT FOR WHICH THE LOCAL
GOVERNMENT OR TRIBAL GOVERNMENT RECEIVES AN APPLICATION FOR
LAND USE APPROVAL AFTER
JUNE 30, 2024.
(d) T
HE DIVISION OF PARKS AND WILDLIFE SHALL IDENTIFY
HIGH
-PRIORITY HABITATS FOR RENEWABLE ENERGY PROJECTS BASED ON THE
BEST AVAILABLE SCIENCE AND SHALL UPDATE THE LIST OF HIGH
-PRIORITY
HABITATS AT LEAST ANNUALLY AND MAKE THE LIST PUBLICLY AVAILABLE
.
A
FACILITY OWNER, LOCAL GOVERNMENT, OR TRIBAL GOVERNMENT MAY
CONSIDER THE HIGH
-PRIORITY HABITATS IN PLANNING, SITING, PERMITTING,
AND DEVELOPING RENEWABLE ENERGY PROJECTS .
(3) O
N OR BEFORE JUNE 30, 2025, THE COLORADO ENERGY OFFICE,
IN COOPERATION WITH THE DEPARTMENT OF LOCAL AFFAIRS AND THE
DEPARTMENT OF NATURAL RESOURCES
, SHALL DEVELOP A REPOSITORY OF
CODES AND ORDINANCES THAT SUPPORT RENEWABLE ENERGY PROJECTS AND
COMMERCIAL ENERGY TRANSMISSION FACILITIES FOR THE PURPOSE OF
PROVIDING CONCEPTUAL FRAMEWORKS THAT LOCAL GOVERNMENTS AND
TRIBAL GOVERNMENTS MAY CONSIDER AND ADAPT TO SUIT LOCAL
CIRCUMSTANCES AND ADDRESS LOCAL ENERGY RESOURCES
.
(4) (a) O
N OR BEFORE SEPTEMBER 30, 2025, THE COLORADO ENERGY
OFFICE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY
. THE OFFICE
SHALL COLLABORATE WITH OTHER STATE AGENCIES
, INCLUDING THE
DEPARTMENT OF NATURAL RESOURCES
, IN DEVELOPING THE REPORT. THE
REPORT MUST
:
(I) E
VALUATE AND ASSESS LOCAL GOVERNMENT PROCESSES FOR THE
SITING OF COMMERCIALLY VIABLE RENEWABLE ENERGY PROJECTS AND
COMMERCIAL ENERGY TRANSMISSION FACILITIES
; AND
(II) EVALUATE THE IMPACT OF RENEWABLE ENERGY PROJECTS AND
COMMERCIAL ENERGY TRANSMISSION FACILITIES ON WILDLIFE RESOURCES
;
THE USE OF WILDLIFE MITIGATION, DECOMMISSIONING, AND COMMUNITY
BENEFIT AGREEMENTS
; AND THE RANGE OF FEES IMPOSED BY LOCAL
GOVERNMENTS
.
(b) I
N PREPARING THE REPORT , THE OFFICE SHALL PROVIDE
OPPORTUNITIES FOR MUNICIPAL AND COUNTY GOVERNMENTS
; RENEWABLE
ENERGY PROJECT DEVELOPERS
; CONSERVATION ORGANIZATIONS ; LOCAL
PAGE 6-SENATE BILL 24-212 STAKEHOLDERS, INCLUDING PROPERTY OWNERS ; TRIBAL GOVERNMENTS ;
ELECTRIC UTILITIES; AND LABOR ORGANIZATIONS TO PROVIDE INPUT AND
SHALL ALLOW OPPORTUNITY FOR PUBLIC COMMENT BEFORE THE FINAL
REPORT IS COMPLETED
.
(c) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.
29-20-405. Consultation with tribal government required -
Brunot agreement of 1874. F
OR RENEWABLE ENERGY PROJECTS FOR WHICH
A LOCAL GOVERNMENT RECEIVES AN APPLICATION FOR LAND USE APPROVAL
AFTER
JUNE 30, 2024, A LOCAL GOVERNMENT SHALL NOT GRANT A
DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A FACILITY IN ANY AREA
THAT IS INCLUDED WITHIN THE
BRUNOT AREA UNLESS THE LOCAL
GOVERNMENT FIRST CONSULTS WITH THE TRIBAL GOVERNMENTS OF THE
UTE
MOUNTAIN UTE TRIBE AND THE SOUTHERN UTE INDIAN TRIBE CONCERNING
THE POTENTIAL IMPACTS TO HUNTING
, FISHING, AND GATHERING RIGHTS
RELATED TO THE CONSTRUCTION OF THE FACILITY
.
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
$307,991 is appropriated to the department of natural resources. This
appropriation is from the wildlife cash fund created in section 33-1-112
(1)(a), C.R.S. To implement this act, the department may use this
appropriation as follows:
(a) $304,297 for the division of parks and wildlife for wildlife
operations, which amount is based on an assumption that the division will
require an additional 2.5 FTE; and
(b) $3,694 for the executive director's office for vehicle lease
payments.
(2) For the 2024-25 state fiscal year, $95,490 is appropriated to the
department of natural resources for use by the energy and carbon
management commission. This appropriation is from the energy and carbon
management cash fund created in section 34-60-122 (5)(a), C.R.S., and is
based on an assumption that the commission will require an additional 0.8
FTE. To implement this act, the commission may use this appropriation for
program costs.
SECTION 3. Safety clause. The general assembly finds,
PAGE 7-SENATE BILL 24-212 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 8-SENATE BILL 24-212