Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0838.01 Richard Sweetman x4333
SENATE BILL 24-212
Senate Committees House Committees
Transportation & Energy
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO FACI LITATE THE CONSTRUCTION OF101
RENEWABLE ENERGY PROJECTS , AND, IN CONNECTION
102
THEREWITH, MAKING AN APPROPRIATION .103
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,
SENATE
3rd Reading Unamended
May 1, 2024
SENATE
Amended 2nd Reading
April 30, 2024
SENATE SPONSORSHIP
Hansen and Fenberg, Priola, Buckner, Cutter, Fields, Jaquez Lewis, Michaelson Jenet,
Winter F.
HOUSE SPONSORSHIP
Brown and McCormick,
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. energy storage, and energy transmission projects
(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 AND DEVELOPMENT OF A
10
SKILLED RENEWABLE ENERGY WORKFORCE ARE NEEDED IN ORDER TO11
MAKE PROGRESS ON THE STATE'S GREENHOUSE GAS EMISSION REDUCTION12
GOALS WHILE ALSO PROTECTING PUBLIC HEALTH , SAFETY, WELFARE, AND13
212-2- THE ENVIRONMENT, INCLUDING WILDLIFE RESOURCES;1
(b) T
HE PROTECTION OF HEALTHY, INTACT ECOSYSTEMS RESULTS2
IN RESILIENT LANDS AND WATERS THAT CAN BE UTILIZED AS3
NATURE-BASED SOLUTIONS TO MITIGATE SOME IMPACTS OF CLIMATE4
CHANGE;5
(c) C
OLORADO WILL LIKELY NEED TO TRIPLE WIND ENERGY6
CAPACITY AND QUINTUPLE SOLAR ENERGY CAPACITY BY THE YEAR 20407
IN ORDER TO MEET THE STATE'S GREENHOUSE GAS EMISSION REDUCTION8
GOALS DESCRIBED IN SECTION 25-7-102; AND9
(d) T
HE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES AND10
TRANSMISSION WILL GENERATE COST SAVINGS FOR ELECTRICITY11
CONSUMERS, PROVIDE ECONOMIC OPPORTUNITY AND WORKFORCE
12
DEVELOPMENT, PROVIDE MORE STABLE ENERGY PRICES BY REDUCING13
DEPENDENCE ON COMMODITIES WITH VARIABLE PRICES , REDUCE HARMFUL14
AIR POLLUTION, IMPROVE PUBLIC HEALTH, INCREASE ENERGY SECURITY,15
AND BRING ECONOMIC BENEFITS TO LANDOWNERS AND LOCAL16
COMMUNITIES.17
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS THAT :18
(a) A
FAIR AND CONSISTENT APPROACH TO THE SITING AND19
PERMITTING OF SOLAR, WIND, STORAGE, AND TRANSMISSION PROJECTS20
WILL ENCOURAGE NEEDED ENERGY -BASED ECONOMIC DEVELOPMENT21
ACROSS THE STATE; AND22
(b) A
FAIR AND CONSISTENT APPROACH TO SITING AND PERMITTING23
IS NECESSARY TO:24
(I) R
EDUCE POLLUTION AND ACHIEVE THE STATE 'S CLIMATE25
GOALS;26
(II) P
ROVIDE FOR ECONOMIC PROSPERITY FOR LANDOWNERS AND27
212
-3- LOCAL COMMUNITIES THROUGH INFRASTRUCTURE AND WORKFORCE1
DEVELOPMENT;2
(III) A
CHIEVE ENERGY AFFORDABILITY BY UNLOCKING LOWER3
PRICED AND MORE COST-PREDICTABLE RENEWABLE ENERGY ;4
(IV) E
NSURE THE SECURITY OF THE STATE'S ENERGY SUPPLY; AND5
(V) E
NABLE JOB CREATION.6
29-20-403. Definitions. A
S USED IN THIS PART 4, UNLESS THE7
CONTEXT OTHERWISE REQUIRES :8
(1) "B
RUNOT AGREEMENT" MEANS THE AGREEMENT OF
9
S
EPTEMBER 13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 18
10
S
TAT. 36 (1874).
11
(2) "B
RUNOT AREA" MEANS THE LAND RELINQUISHED AND
12
CONVEYED BY THE CONFEDERATED BANDS OF THE UTE NATION TO THE13
U
NITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE
14
U
NITED STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG
15
AS THE GAME LASTS AND THE INDIANS ARE AT PEACE WITH THE WHITE16
PEOPLE".17
(3) "COLORADO ENERGY OFFICE " OR "OFFICE" MEANS THE18
C
OLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.19
(4)
"COMMERCIAL ENERGY STORAGE FACILITY " MEANS20
COMMERCIALLY AVAILABLE TEC HNOLOGY THAT IS CAPABLE OF RETAINING21
ENERGY, STORING THE ENERGY FOR A PERIOD OF TIME, AND DELIVERING22
THE ENERGY AFTER STORAGE BY CHEMICAL MEANS .23
(5) "COMMERCIAL ENERGY TRANSMISSION FACILITY " MEANS ALL24
STRUCTURES, EQUIPMENT, AND REAL PROPERTY NECESSARY TO TRANSFER25
ELECTRICITY AT SYSTEM BULK SUPPLY VOLTAGE OF ONE HUNDRED26
KILOVOLTS OR MORE.27
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-4- (6) "COMMERCIAL SOLAR ENERGY FACILITY " MEANS ANY DEVICE1
OR ASSEMBLY OF DEVICES THAT:2
(a) I
S GROUND INSTALLED;3
(b) H
AS AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT
OF4
TOTAL NAMEPLATE GENERATING CAPACITY ; AND5
(c) U
SES SOLAR ENERGY TO GENERATE ELECTRICITY FOR THE6
PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALE AND NOT PRIMARILY7
FOR CONSUMPTION ON THE PROPERTY ON WHICH THE DEVICE OR DEVICES8
RESIDE.9
(7)
"COMMERCIAL WIND ENERGY FACILITY " MEANS A WIND10
ENERGY CONVERSION FACILITY WITH A TOTAL NAMEPLATE GENERATING11
CAPACITY OF ONE-HALF MEGAWATT OR GREATER.12
(8) "DIVISION OF PARKS AND WILDLIFE" OR "DIVISION" MEANS THE13
DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION 33-9-104.14
(9) "ENERGY AND CARBON MANAGEMENT COMMISSION " MEANS15
THE ENERGY AND CARBON MANAGEMENT COMMISSION CREATED IN16
SECTION 34-60-104.3.17
(10) "FACILITY" MEANS:18
(a) A
COMMERCIAL WIND ENERGY FACILITY ;19
(b) A
COMMERCIAL SOLAR ENERGY FACILITY ;20
(c) A
COMMERCIAL ENERGY STORAGE FACILITY ; OR21
(d) A
COMMERCIAL ENERGY TRANSMISSION FACILITY .22
(11)
"FACILITY OWNER" MEANS:23
(a) A
PERSON WITH A DIRECT OWNERSHIP INTEREST IN A FACILITY,24
REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING RIGHTS25
AND PERMITS FOR THE FACILITY OR OTHERWISE PLANNING FOR THE26
CONSTRUCTION AND OPERATION OF THE FACILITY ; OR27
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-5- (b) DURING THE TIME A FACILITY IS BEING DEVELOPED, A PERSON1
THAT IS ACTING AS A DEVELOPER OF THE FACILITY BY ACQUIRING2
NECESSARY RIGHTS, PERMITS, AND APPROVALS OR BY PLANNING FOR THE3
CONSTRUCTION AND OPERATION OF THE FACILITY , REGARDLESS OF4
WHETHER THE PERSON WILL OWN OR OPERATE THE FACILITY .5
(12) "HIGH-PRIORITY HABITAT" HAS THE MEANING SET FORTH IN6
SECTION 34-60-132.7
(13) "LABOR ORGANIZATION " MEANS A BONA FIDE LABOR8
ORGANIZATION WITHIN THE MEANING OF 29 U.S.C. SEC. 152 OF THE9
FEDERAL "NATIONAL LABOR RELATIONS ACT", PUB.L. 74-198, THAT10
REPRESENTS OR SEEKS TO REPRESENT WORKERS ENGAGED IN THE11
CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF COVERED12
RENEWABLE ENERGY PROJECTS OR WORKING IN THE SUPPLY CHAIN FOR13
SUCH PROJECTS.14
(14) "RENEWABLE ENERGY PROJECT " OR "PROJECT" MEANS A15
PROJECT TO ESTABLISH A FACILITY.16
(15) "TRIBAL 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
code repository - report - repeal. (1) (a) A
T THE REQUEST OF A LOCAL22
GOVERNMENT OR A TRIBAL GOVERNMENT , THE DIRECTOR OF THE ENERGY23
AND CARBON MANAGEMENT COMMISSION SHALL PROVIDE TECHNICAL24
SUPPORT TO THE LOCAL GOVERNMENT OR TRIBAL GOVERNMENT25
CONCERNING:26
(I) T
HE DEVELOPMENT OF LOCAL CODES GOVERNING RENEWABLE27
212
-6- 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
(c) I
N ITS ANNUAL PRESENTATION TO THE LEGISLATIVE
7
COMMITTEES OF REFERENCE PURSUANT TO SECTION 2-7-203, THE8
DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE INFORMATION9
INDICATING HOW MANY LOCAL AND TRIBAL GOVERNMENTS REQUESTED10
SUPPORT FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION , AS11
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, DURING THE12
PRECEDING YEAR.13
(2) A
T
THE REQUEST OF A FACILITY OWNER, LOCAL GOVERNMENT,14
OR TRIBAL GOVERNMENT , THE DIVISION OF PARKS AND WILDLIFE SHALL15
PROVIDE THE FACILITY OWNER , LOCAL GOVERNMENT , OR TRIBAL16
GOVERNMENT A SET OF BEST MANAGEMENT PRACTICES TO AVOID ,17
MINIMIZE, AND MITIGATE WILDLIFE IMPACTS OF RENEWABLE ENERGY18
PROJECTS. THE BEST MANAGEMENT PRACTICES MAY BE INCORPORATED19
INTO PROJECT PLANS AT THE DISCRETION OF THE FACILITY OWNER , LOCAL20
GOVERNMENT, OR TRIBAL GOVERNMENT. THE DIVISION SHALL IDENTIFY21
HIGH-PRIORITY HABITATS FOR RENEWABLE ENERGY PROJECTS BASED ON22
THE BEST AVAILABLE SCIENCE. THE DIVISION SHALL UPDATE ITS LIST OF23
HIGH-PRIORITY HABITATS AT LEAST ANNUALLY AND MAKE THE LIST24
PUBLICLY AVAILABLE. A FACILITY OWNER, LOCAL GOVERNMENT , OR25
TRIBAL GOVERNMENT MAY CONSIDER THE HIGH -PRIORITY HABITATS IN26
PLANNING, SITING, PERMITTING, AND DEVELOPING RENEWABLE ENERGY27
212
-7- PROJECTS.1
(3) O
N OR BEFORE JUNE 30, 2025, THE COLORADO ENERGY OFFICE,2
IN COOPERATION WITH THE DEPARTMENT OF LOCAL AFFAIRS AND THE3
DEPARTMENT OF NATURAL RESOURCES , SHALL DEVELOP A REPOSITORY OF4
CODES AND ORDINANCES THAT SUPPORT RENEWABLE ENERGY PROJECTS
5
FOR THE PURPOSE OF PROVIDING CONCEPTUAL FRAMEWORKS THAT LOCAL6
GOVERNMENTS AND TRIBAL GOVERNMENTS MAY CONSIDER AND ADAPT TO7
SUIT LOCAL CIRCUMSTANCES AND ADDRESS LOCAL ENERGY RESOURCES .8
(4) (a) O
N OR BEFORE SEPTEMBER 30, 2025, THE COLORADO9
ENERGY OFFICE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY . THE10
OFFICE SHALL COLLABORATE WITH PRIVATE LANDOWNERS AND
OTHER11
STATE AGENCIES, INCLUDING THE DEPARTMENT OF NATURAL RESOURCES ,12
IN DEVELOPING THE REPORT. THE REPORT MUST:13
(I) E
VALUATE AND ASSESS LOCAL GOVERNMENT PROCESSES FOR
14
THE SITING OF COMMERCIALLY VIABLE RENEWABLE ENERGY PROJECTS ;15
(II) I
DENTIFY AREAS OF LOWER AND LOWEST ENVIRONMENTAL
16
AND HABITAT CONFLICT FOR THE DEVELOPMENT OF RENEWABLE ENERGY17
PROJECTS AND RECOMMEND OPTIONS FOR STREAMLINING DEVELOPMENT18
IN THESE AREAS; AND19
(III) E
VALUATE WILDLIFE MITIGATION, DECOMMISSIONING, AND
20
COMMUNITY BENEFITS AGREEMENTS OR POTENTIAL AGREEMENTS THAT21
REFLECT DISCUSSION BETWEEN KEY COMMUNITY STAKEHOLDERS ,22
INCLUDING RATE-PAYER, ENVIRONMENTAL, AND LABOR ORGANIZATIONS.23
(b) I
N PREPARING THE REPORT , THE OFFICE SHALL PROVIDE24
OPPORTUNITIES FOR MUNICIPAL AND
COUNTY GOVERNMENTS, RENEWABLE25
ENERGY PROJECT DEVELOPERS , CONSERVATION ORGANIZATIONS , AND26
LABOR ORGANIZATIONS TO PROVIDE INPUT AND SHALL ALLOW27
212
-8- OPPORTUNITY FOR PUBLIC COMMENT BEFORE THE FINAL REPORT IS1
COMPLETED.2
(c) T
HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.3
29-20-405. Consultation with tribal government required -
4
Brunot agreement of 1874. F
OR PROJECTS PROPOSED AFTER JUNE 30,
5
2024,
A LOCAL GOVERNMENT SHALL NOT GRANT A DEVELOPMENT PERMIT
6
FOR THE CONSTRUCTION OF A FACILITY IN ANY AREA THAT IS INCLUDED7
WITHIN THE BRUNOT AREA UNLESS THE LOCAL GOVERNMENT FIRST8
CONSULTS WITH THE TRIBAL GOVERNMENTS OF THE UTE MOUNTAIN UTE9
T
RIBE AND THE SOUTHERN UTE INDIAN TRIBE CONCERNING THE
10
POTENTIAL IMPACTS TO HUNTING , FISHING, AND GATHERING RIGHTS11
RELATED TO THE CONSTRUCTION OF THE FACILITY .12
SECTION 2. Appropriation. (1) For the 2024-25 state fiscal13
year, $307,991 is appropriated to the department of natural resources.14
This appropriation is from the wildlife cash fund created in section15
33-1-112 (1)(a), C.R.S. To implement this act, the department may use16
this appropriation as follows:17
(a) $304,297 for the division of parks and wildlife for wildlife18
operations, which amount is based on an assumption that the division will19
require an additional 2.5 FTE; and20
(b) $3,694 for the executive director's office for vehicle lease21
payments.22
(2) For the 2024-25 state fiscal year, $95,490 is appropriated to23
the department of natural resources for use by the energy and carbon24
management commission. This appropriation is from the energy and25
carbon management cash fund created in section 34-60-122 (5)(a),26
C.R.S., and is based on an assumption that the commission will require27
212
-9- an additional 0.8 FTE. To implement this act, the commission may use1
this appropriation for program costs. 2
SECTION 3. Safety clause. The general assembly finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety or for appropriations for5
the support and maintenance of the departments of the state and state6
institutions.7
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-10-