Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0838.01 Richard Sweetman x4333
SENATE BILL 24-212
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING MEASURES TO FACI LITATE THE CONSTRUCTION OF101
RENEWABLE ENERGY PROJECTS .102
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 requires the energy and carbon management commission
in the department of natural resources, at the request of a local
government or tribal government, to provide technical support
concerning:
! The development of local codes governing wind, solar,
energy storage, and energy transmission projects
SENATE SPONSORSHIP
Hansen and Fenberg, Priola
HOUSE SPONSORSHIP
(None),
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. (renewable energy projects); or
! The review of proposed renewable energy projects.
For all renewable energy projects, at the request of an owner or
operator of a renewable energy facility (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 for renewable energy projects. The best
management practices may be incorporated into project plans at the
discretion of the facility owner, local government, or tribal government.
The division shall also identify project-specific habitat impacts and
high-priority habitats based on the best available science.
The bill requires the Colorado energy office, in cooperation with
the department of local affairs and the department of natural resources,
to develop a repository of model codes and ordinances for renewable
energy projects 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. On or before
September 30, 2025, the Colorado energy office must submit to the
general assembly a report that evaluates local government processes to
determine whether reasonable pathways for renewable energy siting exist
in areas with suitable wind and solar resources.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 4 to article2
20 of title 29 as follows:3
PART 44
RENEWABLE ENERGY PROJECTS5
29-20-401. Short title. T
HE SHORT TITLE OF THIS PART 4 IS THE6
"R
ENEWABLE ENERGY PROJECTS ACT".7
29-20-402. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
FINDS THAT:9
(a) N
EW RENEWABLE ENERGY PROJECTS ARE NEEDED IN ORDER TO10
MAKE PROGRESS ON THE STATE'S GREENHOUSE GAS EMISSION REDUCTION11
GOALS WHILE ALSO PROTECTING PUBLIC HEALTH , SAFETY, WELFARE, AND12
THE ENVIRONMENT, INCLUDING WILDLIFE RESOURCES;13
SB24-212-2- (b) THE PROTECTION OF HEALTHY, INTACT ECOSYSTEMS RESULTS1
IN RESILIENT LANDS AND WATERS THAT CAN BE UTILIZED AS2
NATURE-BASED SOLUTIONS TO MITIGATE SOME IMPACTS OF CLIMATE3
CHANGE;4
(c) C
OLORADO WILL LIKELY NEED TO TRIPLE WIND ENERGY5
CAPACITY AND QUINTUPLE SOLAR ENERGY CAPACITY BY THE YEAR 20406
IN ORDER TO MEET THE STATE'S GREENHOUSE GAS EMISSION REDUCTION7
GOALS DESCRIBED IN SECTION 25-7-102; AND8
(d) T
HE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES AND9
TRANSMISSION WILL GENERATE COST SAVINGS FOR ELECTRICITY10
CONSUMERS, PROVIDE MORE STABLE ENERGY PRICES BY REDUCING11
DEPENDENCE ON COMMODITIES WITH VARIABLE PRICES , REDUCE HARMFUL12
AIR POLLUTION, IMPROVE PUBLIC HEALTH, INCREASE ENERGY SECURITY,13
AND BRING ECONOMIC BENEFITS TO LANDOWNERS AND LOCAL14
COMMUNITIES.15
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS THAT :16
(a) A
FAIR AND CONSISTENT APPROACH TO THE SITING AND17
PERMITTING OF SOLAR, WIND, STORAGE, AND TRANSMISSION PROJECTS18
WILL ENCOURAGE NEEDED ENERGY -BASED ECONOMIC DEVELOPMENT19
ACROSS THE STATE; AND20
(b) A
FAIR AND CONSISTENT APPROACH TO SITING AND PERMITTING21
IS NECESSARY TO:22
(I) R
EDUCE POLLUTION AND ACHIEVE THE STATE 'S CLIMATE23
GOALS;24
(II) P
ROVIDE FOR ECONOMIC PROSPERITY FOR LANDOWNERS AND25
LOCAL COMMUNITIES THROUGH INFRASTRUCTURE DEVELOPMENT ;26
(III) A
CHIEVE ENERGY AFFORDABILITY BY UNLOCKING LOWER27
SB24-212
-3- PRICED AND MORE COST-PREDICTABLE RENEWABLE ENERGY ;1
(IV) E
NSURE THE SECURITY OF THE STATE'S ENERGY SUPPLY; AND2
(V) E
NABLE JOB CREATION.3
29-20-403. Definitions. A
S USED IN THIS PART 4, UNLESS THE4
CONTEXT OTHERWISE REQUIRES :5
(1) "C
OLORADO ENERGY OFFICE " OR "OFFICE" MEANS THE6
C
OLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.7
(2) "C
OMMERCIAL SOLAR ENERGY FACILITY " MEANS ANY DEVICE8
OR ASSEMBLY OF DEVICES THAT:9
(a) I
S GROUND INSTALLED;10
(b) H
AS AT LEAST FIVE MEGAWATTS OF TOTAL NAMEPLATE11
GENERATING CAPACITY; AND12
(c) U
SES SOLAR ENERGY TO GENERATE ELECTRICITY FOR THE13
PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALE AND NOT PRIMARILY14
FOR CONSUMPTION ON THE PROPERTY ON WHICH THE DEVICE OR DEVICES15
RESIDE.16
(3) "C
OMMERCIAL WIND ENERGY FACILITY " MEANS A WIND17
ENERGY CONVERSION FACILITY WITH A TOTAL NAMEPLATE GENERATING18
CAPACITY OF FIVE HUNDRED KILOWATTS OR GREATER .19
(4) "D
IVISION OF PARKS AND WILDLIFE" OR "DIVISION" MEANS THE20
DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION 33-9-104.21
(5) "E
NERGY AND CARBON MANAGEMENT COMMISSION " MEANS22
THE ENERGY AND CARBON M ANAGEMENT COMMISSION CREATED IN23
SECTION 34-60-104.3.24
(6) "F
ACILITY" MEANS:25
(a) A
COMMERCIAL WIND ENERGY FACILITY ;26
(b) A
COMMERCIAL SOLAR ENERGY FACILITY ;27
SB24-212
-4- (c) A COMMERCIAL ENERGY STORAGE FACILITY ; OR1
(d) A
COMMERCIAL ENERGY TRANSMISSION FACILITY .2
(7) "F
ACILITY OWNER" MEANS:3
(a) A
PERSON WITH A DIRECT OWNERSHIP INTEREST IN A FACILITY,4
REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING RIGHTS5
AND PERMITS FOR THE FACILITY OR OTHERWISE PLANNING FOR THE6
CONSTRUCTION AND OPERATION OF THE FACILITY ; OR7
(b) D
URING THE TIME A FACILITY IS BEING DEVELOPED, A PERSON8
THAT IS ACTING AS A DEVELOPER OF THE FACILITY BY ACQUIRING9
NECESSARY RIGHTS, PERMITS, AND APPROVALS OR BY PLANNING FOR THE10
CONSTRUCTION AND OPERATION OF THE FACILITY , REGARDLESS OF11
WHETHER THE PERSON WILL OWN OR OPERATE THE FACILITY .12
(8) "H
IGH-PRIORITY HABITAT" HAS THE MEANING SET FORTH IN13
SECTION 34-60-132.14
(9) "R
ENEWABLE ENERGY PROJECT " OR "PROJECT" MEANS A15
PROJECT TO ESTABLISH A FACILITY.16
(10) "T
RIBAL GOVERNMENT" MEANS THE TRIBAL GOVERNMENT OF17
THE UTE MOUNTAIN UTE TRIBE OR THE SOUTHERN UTE INDIAN TRIBE.18
29-20-404. Technical support for renewable energy projects19
- duties of energy and carbon management commission - duties of20
division of parks and wildlife - duties of Colorado energy office -21
model code repository - report - repeal. (1) (a) A
T THE REQUEST OF A22
LOCAL GOVERNMENT OR A TRIBAL GOVERNMENT , THE DIRECTOR OF THE23
ENERGY AND CARBON MANAGEMENT COMMISSION SHALL PROVIDE24
TECHNICAL SUPPORT TO THE LOCAL GOVERNMENT OR TRIBAL25
GOVERNMENT CONCERNING :26
(I) T
HE DEVELOPMENT OF LOCAL CODES GOVERNING RENEWABLE27
SB24-212
-5- ENERGY PROJECTS; OR1
(II) T
HE REVIEW OF PROPOSED RENEWABLE ENERGY PROJECTS .2
(b) W
HEN PROVIDING TECHNICAL SUPPORT AS DESCRIBED IN3
SUBSECTION (1)(a) OF THIS SECTION, THE DIRECTOR OF THE ENERGY AND4
CARBON MANAGEMENT COMMISSION MAY COLLABORATE WITH OTHER5
STATE AGENCIES.6
(2) F
OR ALL PROJECTS, AT THE REQUEST OF A FACILITY OWNER ,7
LOCAL GOVERNMENT , OR TRIBAL GOVERNMENT, THE DIVISION OF PARKS8
AND WILDLIFE SHALL PROVIDE THE FACILITY OWNER , LOCAL9
GOVERNMENT, OR TRIBAL GOVERNMENT A SET OF BEST M ANAGEMENT10
PRACTICES FOR RENEWABLE ENERGY PROJECTS . THE BEST MANAGEMENT11
PRACTICES MAY BE INCORPORATED INTO PROJECT PLANS AT THE12
DISCRETION OF THE FACILITY OWNER , LOCAL GOVERNMENT, OR TRIBAL13
GOVERNMENT. THE DIVISION SHALL IDENTIFY PROJECT-SPECIFIC HABITAT14
IMPACTS AND HIGH-PRIORITY HABITATS BASED ON THE BEST AVAILABLE15
SCIENCE. THE DIVISION SHALL UPDATE ITS LIST OF HIGH -PRIORITY16
HABITATS AT LEAST ANNUALLY AND MAKE THE LIST PUBLICLY AVAILABLE .17
A
FACILITY OWNER, LOCAL GOVERNMENT, OR TRIBAL GOVERNMENT MAY18
CONSIDER THE HIGH -PRIORITY HABITATS IN PLANNING , SITING,19
PERMITTING, AND DEVELOPING RENEWABLE ENERGY PROJECTS .20
(3) O
N OR BEFORE JUNE 30, 2025, THE COLORADO ENERGY OFFICE,21
IN COOPERATION WITH THE DEPARTMENT OF LOCAL AFFAIRS AND THE22
DEPARTMENT OF NATURAL RESOURCES , SHALL DEVELOP A REPOSITORY OF23
MODEL CODES AND ORDINANCES FOR RENEWABLE ENERGY PROJECTS FOR24
THE PURPOSE OF PROVIDING CONCEPTUAL FRAMEWORKS THAT LOCAL25
GOVERNMENTS AND TRIBAL GOVERNMENTS MAY CONSIDER AND ADAPT TO26
SUIT LOCAL CIRCUMSTANCES AND ADDRESS LOCAL ENERGY RESOURCES .27
SB24-212
-6- (4) (a) ON OR BEFORE SEPTEMBER 30, 2025, THE COLORADO1
ENERGY OFFICE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY . THE2
OFFICE SHALL COLLABORATE WITH OTHER STATE AGENCIES , INCLUDING3
THE DEPARTMENT OF NATURAL RESOURCES , IN DEVELOPING THE REPORT.4
T
HE REPORT MUST:5
(I) E
VALUATE AND ASSESS LOCAL GOVERNMENT PROCESSES TO6
DETERMINE WHETHER REASONABLE PATHWAYS FOR THE SITING OF7
RENEWABLE ENERGY PROJECTS EXIST IN AREAS WITH SUITABLE WIND AND8
SOLAR RESOURCES;9
(II) I
DENTIFY AREAS OF LOWER AND LOWEST CONFLICT FOR THE10
DEVELOPMENT OF RENEWABLE ENERGY PROJECTS AND RECOMMEND11
OPTIONS FOR STREAMLINING DEVELOPMENT IN THESE AREAS ; AND12
(III) E
VALUATE WILDLIFE MITIGATION, DECOMMISSIONING, AND13
COMMUNITY BENEFITS AGREEMENTS .14
(b) I
N PREPARING THE REPORT , THE OFFICE SHALL PROVIDE15
OPPORTUNITIES FOR COUNTY GOVERNMENTS , RENEWABLE ENERGY16
PROJECT DEVELOPERS, AND CONSERVATION ORGANIZATIONS TO PROVIDE17
INPUT AND SHALL ALLOW OPPORTUNITY FOR PUBLIC COMMENT BEFORE18
THE FINAL REPORT IS COMPLETED.19
(c) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.20
29-20-405. Consultation with tribal government required -21
Brunot agreement of 1874. A
LOCAL GOVERNMENT SHALL NOT GRANT22
A DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A FACILITY IN ANY23
AREA THAT IS INCLUDED WITHIN THE LANDS PROVIDED FOR THE USE OF24
THE UTE MOUNTAIN UTE AND SOUTHERN UTE INDIAN TRIBES BY THE25
FEDERAL GOVERNMENT PURSUANT TO THE BRUNOT AGREEMENT OF 187426
UNLESS THE LOCAL GOVERNMENT FIRST CONSULTS WITH THE TRIBAL27
SB24-212
-7- GOVERNMENTS OF THE UTE MOUNTAIN UTE AND SOUTHERN UTE INDIAN1
TRIBES CONCERNING THE CONSTRUCTION OF THE FACILITY .2
SECTION 2. Act subject to petition - effective date. This act3
takes effect at 12:01 a.m. on the day following the expiration of the4
ninety-day period after final adjournment of the general assembly; except5
that, if a referendum petition is filed pursuant to section 1 (3) of article V6
of the state constitution against this act or an item, section, or part of this7
act within such period, then the act, item, section, or part will not take8
effect unless approved by the people at the general election to be held in9
November 2024 and, in such case, will take effect on the date of the10
official declaration of the vote thereon by the governor.11
SB24-212
-8-