Colorado 2024 Regular Session

Colorado Senate Bill SB212 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-0838.01 Richard Sweetman x4333
1	8		SENATE BILL 24-212
2		-	BY SENATOR(S) Hansen and Fenberg, Priola, Buckner, Cutter, Fields,
3		-	Jaquez Lewis, Michaelson Jenet, Winter F.;
4		-	also REPRESENTATIVE(S) Brown and McCormick, Amabile, Bacon,
5		-	Bird, Boesenecker, Daugherty, deGruy Kennedy, Duran, Froelich,
6		-	Hamrick, Jodeh, Joseph, Kipp, Lindsay, McLachlan, Ortiz, Rutinel, Snyder,
7		-	Titone, Valdez, Vigil, Weissman, Willford, McCluskie
8		-	.
	9	+	Senate Committees House Committees
	10	+	Transportation & Energy Transportation, Housing & Local Government
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO FACILITATE THE CONSTRUCTION OF RENEWABLE
11		-	ENERGY PROJECTS
12		-	, AND, IN CONNECTION THEREWITH, MAKING AN
13		-	APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add part 4 to article 20
18		-	of title 29 as follows:
19		-	PART 4
20		-	RENEWABLE ENERGY PROJECTS
	14	+	ONCERNING MEASURES TO FACI LITATE THE CONSTRUCTION OF101
	15	+	RENEWABLE ENERGY PROJECTS , AND, IN CONNECTION
	16	+	102
	17	+	THEREWITH, MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill requires the energy and carbon management commission
	26	+	in the department of natural resources, at the request of a local
	27	+	government or tribal government, to provide technical support
	28	+	concerning:
	29	+	! The development of local codes governing wind, solar,
	30	+	HOUSE
	31	+	Amended 2nd Reading
	32	+	May 7, 2024
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	May 1, 2024
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	April 30, 2024
	39	+	SENATE SPONSORSHIP
	40	+	Hansen and Fenberg, Priola, Buckner, Cutter, Fields, Jaquez Lewis, Michaelson Jenet,
	41	+	Winter F.
	42	+	HOUSE SPONSORSHIP
	43	+	Brown and McCormick,
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. energy storage, and energy transmission projects
	47	+	(renewable energy projects); or
	48	+	! The review of proposed renewable energy projects.
	49	+	For all renewable energy projects, at the request of an owner or
	50	+	operator of a renewable energy facility (facility owner), local government,
	51	+	or tribal government, the division of parks and wildlife shall provide the
	52	+	facility owner, local government, or tribal government a set of best
	53	+	management practices for renewable energy projects. The best
	54	+	management practices may be incorporated into project plans at the
	55	+	discretion of the facility owner, local government, or tribal government.
	56	+	The division shall also identify project-specific habitat impacts and
	57	+	high-priority habitats based on the best available science.
	58	+	The bill requires the Colorado energy office, in cooperation with
	59	+	the department of local affairs and the department of natural resources,
	60	+	to develop a repository of model codes and ordinances for renewable
	61	+	energy projects for the purpose of providing conceptual frameworks that
	62	+	local governments and tribal governments may consider and adapt to suit
	63	+	local circumstances and address local energy resources. On or before
	64	+	September 30, 2025, the Colorado energy office must submit to the
	65	+	general assembly a report that evaluates local government processes to
	66	+	determine whether reasonable pathways for renewable energy siting exist
	67	+	in areas with suitable wind and solar resources.
	68	+	Be it enacted by the General Assembly of the State of Colorado:1
	69	+	SECTION 1. In Colorado Revised Statutes, add part 4 to article2
	70	+	20 of title 29 as follows:3
	71	+	PART 44
	72	+	RENEWABLE ENERGY PROJECTS5
21	73		29-20-401. Short title. T
22		-	HE SHORT TITLE OF THIS PART 4 IS THE
23		-	"RENEWABLE ENERGY PROJECTS ACT".
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. 29-20-402. Legislative declaration. (1) T HE GENERAL ASSEMBLY
32		-	FINDS THAT
33		-	:
	74	+	HE SHORT TITLE OF THIS PART 4 IS THE6
	75	+	"R
	76	+	ENEWABLE ENERGY PROJECTS ACT".7
	77	+	29-20-402. Legislative declaration. (1) T
	78	+	HE GENERAL ASSEMBLY8
	79	+	FINDS THAT:9
34	80		(a) N
35	81		EW RENEWABLE ENERGY PROJECTS AND DEVELOPMENT OF A
36		-	SKILLED RENEWABLE ENERGY WORKFORCE ARE NEEDED IN ORDER TO MAKE
37		-	PROGRESS ON THE STATE
38		-	'S GREENHOUSE GAS EMISSION REDUCTION GOALS
39		-	WHILE ALSO PROTECTING PUBLIC HEALTH
40		-	, SAFETY, WELFARE, AND THE
41		-	ENVIRONMENT
42		-	, INCLUDING WILDLIFE RESOURCES;
	82	+	10
	83	+	SKILLED RENEWABLE ENERGY WORKFORCE ARE NEEDED IN ORDER TO11
	84	+	MAKE PROGRESS ON THE STATE'S GREENHOUSE GAS EMISSION REDUCTION12
	85	+	GOALS WHILE ALSO PROTECTING PUBLIC HEALTH , SAFETY, WELFARE, AND13
	86	+	212-2- THE ENVIRONMENT, INCLUDING WILDLIFE RESOURCES;1
43	87		(b) T
44		-	HE PROTECTION OF HEALTHY, INTACT ECOSYSTEMS RESULTS IN
45		-	RESILIENT LANDS AND WATERS THAT CAN BE UTILIZED AS NATURE
46		-	-BASED
47		-	SOLUTIONS TO MITIGATE SOME IMPACTS OF CLIMATE CHANGE
48		-	;
	88	+	HE PROTECTION OF HEALTHY, INTACT ECOSYSTEMS RESULTS2
	89	+	IN RESILIENT LANDS AND WATERS THAT CAN BE UTILIZED AS3
	90	+	NATURE-BASED SOLUTIONS TO MITIGATE SOME IMPACTS OF CLIMATE4
	91	+	CHANGE;5
49	92		(c) C
50		-	OLORADO WILL LIKELY NEED TO TRIPLE WIND ENERGY CAPACITY
51		-	AND QUINTUPLE SOLAR ENERGY CAPACITY BY THE YEAR
52		-	2040 IN ORDER TO
53		-	MEET THE STATE
54		-	'S GREENHOUSE GAS EMISSION REDUCTION GOALS
55		-	DESCRIBED IN SECTION
56		-	25-7-102;
	93	+	OLORADO WILL LIKELY NEED TO TRIPLE WIND ENERGY6
	94	+	CAPACITY AND QUINTUPLE SOLAR ENERGY CAPACITY BY THE YEAR 20407
	95	+	IN ORDER TO MEET THE STATE'S GREENHOUSE GAS EMISSION REDUCTION8
	96	+	GOALS DESCRIBED IN SECTION 25-7-102;
	97	+	9
57	98		(d) T
58		-	HE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES AND
59		-	TRANSMISSION WILL GENERATE COST SAVINGS FOR ELECTRICITY
60		-	CONSUMERS
61		-	, PROVIDE ECONOMIC OPPORTUNITY AND WORKFORCE
62		-	DEVELOPMENT
63		-	, PROVIDE MORE STABLE ENERGY PRICES BY REDUCING
64		-	DEPENDENCE ON COMMODITIES WITH VARIABLE PRICES
65		-	, REDUCE HARMFUL
66		-	AIR POLLUTION
67		-	, IMPROVE PUBLIC HEALTH, INCREASE ENERGY SECURITY, AND
68		-	BRING ECONOMIC BENEFITS TO LANDOWNERS AND LOCAL COMMUNITIES
69		-	; AND
70		-	(e) THERE MAY BE OPPORTUNITIES TO STREAMLINE AND EXPEDITE
71		-	PERMITTING OF RENEWABLE ENERGY PROJECTS IN STRATEGIC AREAS
72		-	.
	99	+	HE DEVELOPMENT OF RENEWABLE ENERGY RESOURCES AND10
	100	+	TRANSMISSION WILL GENERATE COST SAVINGS FOR ELECTRICITY11
	101	+	CONSUMERS, PROVIDE ECONOMIC OPPORTUNITY AND WORKFORCE
	102	+	12
	103	+	DEVELOPMENT, PROVIDE MORE STABLE ENERGY PRICES BY REDUCING13
	104	+	DEPENDENCE ON COMMODITIES WITH VARIABLE PRICES , REDUCE HARMFUL14
	105	+	AIR POLLUTION, IMPROVE PUBLIC HEALTH, INCREASE ENERGY SECURITY,15
	106	+	AND BRING ECONOMIC BENEFITS TO LANDOWNERS AND LOCAL16
	107	+	COMMUNITIES; AND17
	108	+	(e) THERE MAY BE OPPORTUNITIES TO STREAMLINE AND EXPEDITE18
	109	+	PERMITTING OF RENEWABLE ENERGY PROJECTS IN STRATEGIC AREAS .19
	110	+	20
73	111		29-20-403. Definitions. A
74		-	S USED IN THIS PART 4, UNLESS THE
75		-	CONTEXT OTHERWISE REQUIRES
76		-	:
	112	+	S USED IN THIS PART 4, UNLESS THE21
	113	+	CONTEXT OTHERWISE REQUIRES :22
77	114		(1) "B
78		-	RUNOT AGREEMENT" MEANS THE AGREEMENT OF SEPTEMBER
79		-	13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 18 STAT. 36 (1874).
	115	+	RUNOT AGREEMENT" MEANS THE AGREEMENT OF
	116	+	23
	117	+	S
	118	+	EPTEMBER 13, 1873, RATIFIED BY ACT OF APRIL 29, 1874, CH. 136, 18
	119	+	24
	120	+	S
	121	+	TAT. 36 (1874).
	122	+	25
80	123		(2) "B
81	124		RUNOT AREA" MEANS THE LAND RELINQUISHED AND
82		-	CONVEYED BY THE CONFEDERATED BANDS OF THE
83		-	UTE NATION TO THE
84		-	UNITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE UNITED
85		-	STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG AS THE
86		-	GAME LASTS AND THE
87		-	INDIANS ARE AT PEACE WITH THE WHITE PEOPLE ".
88		-	PAGE 2-SENATE BILL 24-212 (3) "COLORADO ENERGY OFFICE " OR "OFFICE" MEANS THE
89		-	COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.
90		-	(4) "C
91		-	OMMERCIAL ENERGY STORAGE FACILITY " MEANS
92		-	COMMERCIALLY AVAILABLE TECHNOLOGY THAT IS CAPABLE OF RETAINING
93		-	ENERGY
94		-	, STORING THE ENERGY FOR A PERIOD OF TIME, AND DELIVERING THE
95		-	ENERGY AFTER STORAGE BY CHEMICAL MEANS
96		-	.
97		-	(5) "C
98		-	OMMERCIAL ENERGY TRANSMISSION FACILITY " MEANS ALL
99		-	STRUCTURES
100		-	, EQUIPMENT, AND REAL PROPERTY NECESSARY TO TRANSFER
101		-	ELECTRICITY AT SYSTEM BULK SUPPLY VOLTAGE OF ONE HUNDRED
102		-	KILOVOLTS OR MORE
103		-	.
104		-	(6) "C
105		-	OMMERCIAL SOLAR ENERGY FACILITY " MEANS ANY DEVICE OR
106		-	ASSEMBLY OF DEVICES THAT
107		-	:
	125	+	26
	126	+	CONVEYED BY THE CONFEDERATED BANDS OF THE UTE NATION TO THE27
	127	+	212
	128	+	-3- UNITED STATES IN THE BRUNOT AGREEMENT AND UPON WHICH THE1
	129	+	U
	130	+	NITED STATES AGREED TO PERMIT THE UTE INDIANS TO HUNT "SO LONG
	131	+	2
	132	+	AS THE GAME LASTS AND THE INDIANS ARE AT PEACE WITH THE WHITE3
	133	+	PEOPLE".4
	134	+	(3) "COLORADO ENERGY OFFICE " OR "OFFICE" MEANS THE5
	135	+	C
	136	+	OLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.6
	137	+	(4)
	138	+	"COMMERCIAL ENERGY STORAGE FACILITY " MEANS7
	139	+	COMMERCIALLY AVAILABLE TEC HNOLOGY THAT IS CAPABLE OF RETAINING8
	140	+	ENERGY, STORING THE ENERGY FOR A PERIOD OF TIME, AND DELIVERING9
	141	+	THE ENERGY AFTER STORAGE BY CHEMICAL MEANS .10
	142	+	(5) "COMMERCIAL ENERGY TRANSMISSION FACILITY " MEANS ALL11
	143	+	STRUCTURES, EQUIPMENT, AND REAL PROPERTY NECESSARY TO TRANSFER12
	144	+	ELECTRICITY AT SYSTEM BULK SUPPLY VOLTAGE OF ONE HUNDRED13
	145	+	KILOVOLTS OR MORE.14
	146	+	(6) "COMMERCIAL SOLAR ENERGY FACILITY " MEANS ANY DEVICE15
	147	+	OR ASSEMBLY OF DEVICES THAT:16
108	148		(a) I
109		-	S GROUND INSTALLED;
	149	+	S GROUND INSTALLED;17
110	150		(b) H
111		-	AS AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT OF
112		-	TOTAL NAMEPLATE GENERATING CAPACITY
113		-	; AND
114		-	(c) USES SOLAR ENERGY TO GENERATE ELECTRICITY FOR THE
115		-	PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALE AND NOT PRIMARILY FOR
116		-	CONSUMPTION ON THE PROPERTY ON WHICH THE DEVICE OR DEVICES RESIDE
117		-	.
118		-	(7) "C
119		-	OMMERCIAL WIND ENERGY FACILITY " MEANS A WIND ENERGY
120		-	CONVERSION FACILITY WITH A TOTAL NAMEPLATE GENERATING CAPACITY
121		-	OF ONE
122		-	-HALF MEGAWATT OR GREATER .
123		-	(8) "D
124		-	IVISION OF PARKS AND WILDLIFE" OR "DIVISION" MEANS THE
125		-	DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION
126		-	33-9-104.
127		-	(9) "E
128		-	NERGY AND CARBON MANAGEMENT COMMISSION " MEANS THE
129		-	ENERGY AND CARBON MANAGEMENT COMMISSION CREATED IN SECTION
130		-	34-60-104.3.
131		-	(10) "F
132		-	ACILITY" MEANS:
	151	+	AS AT LEAST FIVE MEGAWATTS ALTERNATING CURRENT
	152	+	OF18
	153	+	TOTAL NAMEPLATE GENERATING CAPACITY ; AND19
	154	+	(c) U
	155	+	SES SOLAR ENERGY TO GENERATE ELECTRICITY FOR THE20
	156	+	PRIMARY PURPOSE OF WHOLESALE OR RETAIL SALE AND NOT PRIMARILY21
	157	+	FOR CONSUMPTION ON THE PROPERTY ON WHICH THE DEVICE OR DEVICES22
	158	+	RESIDE.23
	159	+	(7)
	160	+	"COMMERCIAL WIND ENERGY FACILITY " MEANS A WIND24
	161	+	ENERGY CONVERSION FACILITY WITH A TOTAL NAMEPLATE GENERATING25
	162	+	CAPACITY OF ONE-HALF MEGAWATT OR GREATER.26
	163	+	(8) "DIVISION OF PARKS AND WILDLIFE" OR "DIVISION" MEANS THE27
	164	+	212
	165	+	-4- DIVISION OF PARKS AND WILDLIFE CREATED IN SECTION 33-9-104.1
	166	+	(9) "ENERGY AND CARBON MANAGEMENT COMMISSION " MEANS2
	167	+	THE ENERGY AND CARBON MANAGEMENT COMMISSION CREATED IN3
	168	+	SECTION 34-60-104.3.4
	169	+	(10) "FACILITY" MEANS:5
133	170		(a) A
134		-	COMMERCIAL WIND ENERGY FACILITY ;
135		-	PAGE 3-SENATE BILL 24-212 (b) A COMMERCIAL SOLAR ENERGY FACILITY ; OR
136		-	(c) A COMMERCIAL ENERGY STORAGE FACILITY .
137		-	(11) "F
138		-	ACILITY OWNER" MEANS:
	171	+	COMMERCIAL WIND ENERGY FACILITY ;6 (b) A COMMERCIAL SOLAR ENERGY FACILITY ; OR7
	172	+	(c) A COMMERCIAL ENERGY STORAGE FACILITY .8
	173	+	(11) "FACILITY OWNER" MEANS:9
139	174		(a) A
140		-	PERSON WITH A DIRECT OWNERSHIP INTEREST IN A FACILITY ,
141		-	REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING RIGHTS
142		-	AND PERMITS FOR THE FACILITY OR OTHERWISE PLANNING FOR THE
143		-	CONSTRUCTION AND OPERATION OF THE FACILITY
144		-	; OR
145		-	(b) DURING THE TIME A FACILITY IS BEING DEVELOPED , A PERSON
146		-	THAT IS ACTING AS A DEVELOPER OF THE FACILITY BY ACQUIRING
147		-	NECESSARY RIGHTS
148		-	, PERMITS, AND APPROVALS OR BY PLANNING FOR THE
149		-	CONSTRUCTION AND OPERATION OF THE FACILITY
150		-	, REGARDLESS OF WHETHER
151		-	THE PERSON WILL OWN OR OPERATE THE FACILITY
152		-	.
153		-	(12) "H
154		-	IGH-PRIORITY HABITAT" HAS THE MEANING SET FORTH IN
155		-	SECTION
156		-	34-60-132.
157		-	(13) "L
158		-	ABOR ORGANIZATION " MEANS A BONA FIDE LABOR
159		-	ORGANIZATION WITHIN THE MEANING OF
160		-	29 U.S.C. SEC. 152 OF THE FEDERAL
161		-	"NATIONAL LABOR RELATIONS ACT", PUB.L. 74-198, THAT REPRESENTS OR
162		-	SEEKS TO REPRESENT WORKERS ENGAGED IN THE CONSTRUCTION
163		-	,
164		-	OPERATIONS, AND MAINTENANCE OF COVERED RENEWABLE ENERGY
165		-	PROJECTS OR WORKING IN THE SUPPLY CHAIN FOR SUCH PROJECTS
166		-	.
167		-	(14) "L
168		-	OCAL GOVERNMENT " MEANS A MUNICIPAL OR COUNTY
169		-	GOVERNMENT OF A COMMUNITY IN WHICH A RENEWABLE ENERGY PROJECT
170		-	IS PROPOSED TO BE LOCATED
171		-	.
172		-	(15) "R
173		-	ENEWABLE ENERGY PROJECT " OR "PROJECT" MEANS A
174		-	PROJECT TO ESTABLISH A FACILITY
175		-	.
176		-	(16) "T
177		-	RIBAL GOVERNMENT" MEANS THE TRIBAL GOVERNMENT OF
178		-	THE
179		-	UTE MOUNTAIN UTE TRIBE OR THE SOUTHERN UTE INDIAN TRIBE.
180		-	29-20-404. Technical support for renewable energy projects -
181		-	duties of energy and carbon management commission - duties of
182		-	division of parks and wildlife - duties of Colorado energy office - code
183		-	PAGE 4-SENATE BILL 24-212 repository - report - repeal. (1) (a) A T THE REQUEST OF A LOCAL
184		-	GOVERNMENT OR A TRIBAL GOVERNMENT
185		-	, THE DIRECTOR OF THE ENERGY
186		-	AND CARBON MANAGEMENT COMMISSION SHALL PROVIDE TECHNICAL
187		-	SUPPORT TO THE LOCAL GOVERNMENT OR TRIBAL GOVERNMENT
188		-	CONCERNING
189		-	:
	175	+	PERSON WITH A DIRECT OWNERSHIP INTEREST IN A FACILITY,10
	176	+	REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING RIGHTS11
	177	+	AND PERMITS FOR THE FACILITY OR OTHERWISE PLANNING FOR THE12
	178	+	CONSTRUCTION AND OPERATION OF THE FACILITY ; OR13
	179	+	(b) D
	180	+	URING THE TIME A FACILITY IS BEING DEVELOPED, A PERSON14
	181	+	THAT IS ACTING AS A DEVELOPER OF THE FACILITY BY ACQUIRING15
	182	+	NECESSARY RIGHTS, PERMITS, AND APPROVALS OR BY PLANNING FOR THE16
	183	+	CONSTRUCTION AND OPERATION OF THE FACILITY , REGARDLESS OF17
	184	+	WHETHER THE PERSON WILL OWN OR OPERATE THE FACILITY .18
	185	+	(12)
	186	+	"HIGH-PRIORITY HABITAT" HAS THE MEANING SET FORTH IN19
	187	+	SECTION 34-60-132.20
	188	+	(13) "LABOR ORGANIZATION " MEANS A BONA FIDE LABOR21
	189	+	ORGANIZATION WITHIN THE MEANING OF 29 U.S.C. SEC. 152 OF THE22
	190	+	FEDERAL "NATIONAL LABOR RELATIONS ACT", PUB.L. 74-198, THAT23
	191	+	REPRESENTS OR SEEKS TO REPRESENT WORKERS ENGAGED IN THE24
	192	+	CONSTRUCTION, OPERATIONS, AND MAINTENANCE OF COVERED25
	193	+	RENEWABLE ENERGY PROJECTS OR WORKING IN THE SUPPLY CHAIN FOR26
	194	+	SUCH PROJECTS.27
	195	+	212
	196	+	-5- (14) "LOCAL GOVERNMENT " MEANS A MUNICIPAL OR COUNTY1
	197	+	GOVERNMENT OF A COMMUNITY IN WHICH A RENEWABLE ENERGY PROJECT2
	198	+	IS PROPOSED TO BE LOCATED.3
	199	+	(15) "RENEWABLE ENERGY PROJECT " OR "PROJECT" MEANS A4
	200	+	PROJECT TO ESTABLISH A FACILITY.5
	201	+	(16) "TRIBAL GOVERNMENT" MEANS THE TRIBAL GOVERNMENT OF6
	202	+	THE UTE MOUNTAIN UTE TRIBE OR THE SOUTHERN UTE INDIAN TRIBE.7
	203	+	29-20-404. Technical support for renewable energy projects8
	204	+	- duties of energy and carbon management commission - duties of9
	205	+	division of parks and wildlife - duties of Colorado energy office - 10
	206	+	code repository - report - repeal. (1) (a) A
	207	+	T THE REQUEST OF A LOCAL11
	208	+	GOVERNMENT OR A TRIBAL GOVERNMENT , THE DIRECTOR OF THE ENERGY12
	209	+	AND CARBON MANAGEMENT COMMISSION SHALL PROVIDE TECHNICAL13
	210	+	SUPPORT TO THE LOCAL GOVERNMENT OR TRIBAL GOVERNMENT14
	211	+	CONCERNING:15
190	212		(I) T
191		-	HE DEVELOPMENT OF LOCAL CODES GOVERNING RENEWABLE
192		-	ENERGY PROJECTS
193		-	; OR
194		-	(II) THE REVIEW OF RENEWABLE ENERGY PROJECTS FOR WHICH A
195		-	LOCAL GOVERNMENT OR A TRIBAL GOVERNMENT RECEIVES AN APPLICATION
196		-	FOR LAND USE APPROVAL AFTER
197		-	JUNE 30, 2024.
	213	+	HE DEVELOPMENT OF LOCAL CODES GOVERNING RENEWABLE16
	214	+	ENERGY PROJECTS; OR17
	215	+	(II) THE REVIEW OF RENEWABLE ENERGY PROJECTS FOR WHICH A18
	216	+	LOCAL GOVERNMENT OR A TRIBAL GOVERNMENT RECEIVES AN19
	217	+	APPLICATION FOR LAND USE APPROVAL AFTER JUNE 30, 2024.20
198	218		(b) W
199		-	HEN PROVIDING TECHNICAL SUPPORT AS DESCRIBED IN
200		-	SUBSECTION
201		-	(1)(a) OF THIS SECTION, THE DIRECTOR OF THE ENERGY AND
202		-	CARBON MANAGEMENT COMMISSION MAY COLLABORATE WITH OTHER STATE
203		-	AGENCIES
204		-	.
	219	+	HEN PROVIDING TECHNICAL SUPPORT AS DESCRIBED IN21
	220	+	SUBSECTION (1)(a) OF THIS SECTION, THE DIRECTOR OF THE ENERGY AND22
	221	+	CARBON MANAGEMENT COMMISSION MAY COLLABORATE WITH OTHER23
	222	+	STATE AGENCIES.24
205	223		(c) I
206		-	N ITS ANNUAL PRESENTATION TO THE LEGISLATIVE COMMITTEES
207		-	OF REFERENCE PURSUANT TO SECTION
208		-	2-7-203, THE DEPARTMENT OF
209		-	NATURAL RESOURCES SHALL INCLUDE INFORMATION INDICATING HOW MANY
210		-	LOCAL AND TRIBAL GOVERNMENTS REQUESTED SUPPORT FROM THE ENERGY
211		-	AND CARBON MANAGEMENT COMMISSION
212		-	, AS DESCRIBED IN SUBSECTION
213		-	(1)(a) OF THIS SECTION, DURING THE PRECEDING YEAR.
214		-	(2) (a) A
215		-	T THE REQUEST OF A FACILITY OWNER, LOCAL GOVERNMENT,
216		-	OR TRIBAL GOVERNMENT , THE DIVISION OF PARKS AND WILDLIFE SHALL
217		-	PROVIDE THE FACILITY OWNER
218		-	, LOCAL GOVERNMENT , OR TRIBAL
219		-	GOVERNMENT A SET OF BEST MANAGEMENT PRACTICES TO AVOID
220		-	, MINIMIZE,
221		-	AND MITIGATE WILDLIFE IMPACTS OF RENEWABLE ENERGY PROJECTS .
222		-	(b) T
223		-	HE BEST MANAGEMENT PRACTICES AVAILABLE AT THE TIME OF
224		-	APPLICATION WITH A LOCAL GOVERNMENT OR TRIBAL GOVERNMENT FOR
225		-	LAND USE APPROVAL OF A RENEWABLE ENERGY PROJECT MAY BE
226		-	INCORPORATED INTO PROJECT PLANS AT THE DISCRETION OF THE FACILITY
227		-	OWNER
228		-	.
	224	+	N ITS ANNUAL PRESENTATION TO THE LEGISLATIVE
	225	+	25
	226	+	COMMITTEES OF REFERENCE PURS UANT TO SECTION 2-7-203, THE26
	227	+	DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE INFORMATION27
	228	+	212
	229	+	-6- INDICATING HOW MANY LOCAL AND TRIBAL GOVERNMENTS REQUESTED1
	230	+	SUPPORT FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION , AS2
	231	+	DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, DURING THE3
	232	+	PRECEDING YEAR.4
	233	+	5
	234	+	(2) (a) AT THE REQUEST OF A FACILITY OWNER , LOCAL6
	235	+	GOVERNMENT, OR TRIBAL GOVERNMENT, THE DIVISION OF PARKS AND7
	236	+	WILDLIFE SHALL PROVIDE THE FACILITY OWNER, LOCAL GOVERNMENT, OR8
	237	+	TRIBAL GOVERNMENT A SET OF BEST MANAGEMENT PRACTICES TO AVOID,9
	238	+	MINIMIZE, AND MITIGATE WILDLIFE IMPACTS OF RENEWABLE ENERGY10
	239	+	PROJECTS.11
	240	+	(b) THE BEST MANAGEMENT PRACTICES AVAILABLE AT THE TIME12
	241	+	OF APPLICATION WITH A LOCAL GOVERNMENT OR TRIBAL GOVERNMENT13
	242	+	FOR LAND USE APPROVAL OF A RENEWABLE ENERGY PROJECT MAY BE14
	243	+	INCORPORATED INTO PROJECT PLANS AT THE DISCRETION OF THE FACILITY15
	244	+	OWNER.16
	245	+	(c) THE BEST MANAGEMENT PRACTICES MAY BE CONSIDERED AS17
	246	+	CONDITIONS OF APPROVAL BY A LOCAL GOVERNMENT OR TRIBAL18
	247	+	GOVERNMENT WITH LAND USE AUTHORITY OR REGULATORY AUTHORITY19
	248	+	OVER A PROJECT FOR A RENEWABLE ENERGY PROJECT FOR WHICH THE20
	249	+	LOCAL GOVERNMENT OR TRIBAL GOVERNMENT RECEIVES AN APPLICATION21
	250	+	FOR LAND USE APPROVAL AFTER JUNE 30, 2024.22
	251	+	(d) THE DIVISION OF PARKS AND WILDLIFE SHALL IDENTIFY23
	252	+	HIGH-PRIORITY HABITATS FOR RENEWABLE ENERGY PROJECTS BASED ON24
	253	+	THE BEST AVAILABLE SCIENCE AND SHALL UPDATE THE LIST OF25
	254	+	HIGH-PRIORITY HABITATS AT LEAST ANNUALLY AND MAKE THE LIST26
	255	+	PUBLICLY AVAILABLE. A FACILITY OWNER, LOCAL GOVERNMENT, OR27
	256	+	212
	257	+	-7- TRIBAL GOVERNMENT MAY CONSIDER THE HIGH-PRIORITY HABITATS IN1
	258	+	PLANNING, SITING, PERMITTING, AND DEVELOPING RENEWABLE ENERGY2
	259	+	PROJECTS.3
	260	+	(3) O
	261	+	N OR BEFORE JUNE 30, 2025, THE COLORADO ENERGY OFFICE,4
	262	+	IN COOPERATION WITH THE DEPARTMENT OF LOCAL AFFAIRS AND THE5
	263	+	DEPARTMENT OF NATURAL RESOURCES , SHALL DEVELOP A REPOSITORY OF6
	264	+	CODES AND ORDINANCES THAT SUPPORT RENEWABLE ENERGY PROJECTS
	265	+	7
	266	+	AND COMMERCIAL ENERGY TRANSMISSION FACILITIES FOR THE PURPOSE8
	267	+	OF PROVIDING CONCEPTUAL FRAMEWORKS THAT LOCAL GOVERNMENTS9
	268	+	AND TRIBAL GOVERNMENTS MAY CONSIDER AND ADAPT TO SUIT LOCAL10
	269	+	CIRCUMSTANCES AND ADDRESS LOCAL ENERGY RESOURCES .11
	270	+	(4) (a) O
	271	+	N OR BEFORE SEPTEMBER 30, 2025, THE COLORADO12
	272	+	ENERGY OFFICE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY . THE13
	273	+	OFFICE SHALL COLLABORATE WITH
	274	+	OTHER STATE AGENCIES, INCLUDING14
	275	+	THE DEPARTMENT OF NATURAL RESOURCES , IN DEVELOPING THE REPORT.15
	276	+	T
	277	+	HE REPORT MUST:16
	278	+	(I) E
	279	+	VALUATE AND ASSESS LOCAL GOVERNMENT PROCESSES FOR
	280	+	17
	281	+	THE SITING OF COMMERCIALLY VIABLE RENEWABLE ENERGY PROJECTS18
	282	+	AND COMMERCIAL ENERGY TRANSMISSION FACILITIES ; AND19
	283	+	(II) EVALUATE THE IMPACT OF RENEWABLE ENERGY PROJECTS AND20
	284	+	COMMERCIAL ENERGY TRANSMISSION FACILITIES ON WILDLIFE RESOURCES ;21
	285	+	THE USE OF WILDLIFE MITIGATION, DECOMMISSIONING, AND COMMUNITY22
	286	+	BENEFIT AGREEMENTS; AND THE RANGE OF FEES IMPOSED BY LOCAL23
	287	+	GOVERNMENTS.24
	288	+	(b) IN PREPARING THE REPORT , THE OFFICE SHALL PROVIDE25
	289	+	OPPORTUNITIES FOR MUNICIPAL AND COUNTY GOVERNMENTS ; RENEWABLE26
	290	+	ENERGY PROJECT DEVELOPERS; CONSERVATION ORGANIZATIONS; LOCAL27
	291	+	212
	292	+	-8- STAKEHOLDERS, INCLUDING PROPERTY OWNERS; TRIBAL GOVERNMENTS;1
	293	+	ELECTRIC UTILITIES; AND LABOR ORGANIZATIONS TO PROVIDE INPUT AND2
	294	+	SHALL ALLOW OPPORTUNITY FOR PUBLIC COMMENT BEFORE THE FINAL3
	295	+	REPORT IS COMPLETED.4
229	296		(c) T
230		-	HE BEST MANAGEMENT PRACTICES MAY BE CONSIDERED AS
231		-	CONDITIONS OF APPROVAL BY A LOCAL GOVERNMENT OR TRIBAL
232		-	GOVERNMENT WITH LAND USE AUTHORITY OR REGULATORY AUTHORITY
233		-	PAGE 5-SENATE BILL 24-212 OVER A PROJECT FOR A RENEWABLE ENERGY PROJECT FOR WHICH THE LOCAL
234		-	GOVERNMENT OR TRIBAL GOVERNMENT RECEIVES AN APPLICATION FOR
235		-	LAND USE APPROVAL AFTER
236		-	JUNE 30, 2024.
237		-	(d) T
238		-	HE DIVISION OF PARKS AND WILDLIFE SHALL IDENTIFY
239		-	HIGH
240		-	-PRIORITY HABITATS FOR RENEWABLE ENERGY PROJECTS BASED ON THE
241		-	BEST AVAILABLE SCIENCE AND SHALL UPDATE THE LIST OF HIGH
242		-	-PRIORITY
243		-	HABITATS AT LEAST ANNUALLY AND MAKE THE LIST PUBLICLY AVAILABLE
244		-	.
245		-	A
246		-	FACILITY OWNER, LOCAL GOVERNMENT, OR TRIBAL GOVERNMENT MAY
247		-	CONSIDER THE HIGH
248		-	-PRIORITY HABITATS IN PLANNING, SITING, PERMITTING,
249		-	AND DEVELOPING RENEWABLE ENERGY PROJECTS .
250		-	(3) O
251		-	N OR BEFORE JUNE 30, 2025, THE COLORADO ENERGY OFFICE,
252		-	IN COOPERATION WITH THE DEPARTMENT OF LOCAL AFFAIRS AND THE
253		-	DEPARTMENT OF NATURAL RESOURCES
254		-	, SHALL DEVELOP A REPOSITORY OF
255		-	CODES AND ORDINANCES THAT SUPPORT RENEWABLE ENERGY PROJECTS AND
256		-	COMMERCIAL ENERGY TRANSMISSION FACILITIES FOR THE PURPOSE OF
257		-	PROVIDING CONCEPTUAL FRAMEWORKS THAT LOCAL GOVERNMENTS AND
258		-	TRIBAL GOVERNMENTS MAY CONSIDER AND ADAPT TO SUIT LOCAL
259		-	CIRCUMSTANCES AND ADDRESS LOCAL ENERGY RESOURCES
260		-	.
261		-	(4) (a) O
262		-	N OR BEFORE SEPTEMBER 30, 2025, THE COLORADO ENERGY
263		-	OFFICE SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY
264		-	. THE OFFICE
265		-	SHALL COLLABORATE WITH OTHER STATE AGENCIES
266		-	, INCLUDING THE
267		-	DEPARTMENT OF NATURAL RESOURCES
268		-	, IN DEVELOPING THE REPORT. THE
269		-	REPORT MUST
270		-	:
271		-	(I) E
272		-	VALUATE AND ASSESS LOCAL GOVERNMENT PROCESSES FOR THE
273		-	SITING OF COMMERCIALLY VIABLE RENEWABLE ENERGY PROJECTS AND
274		-	COMMERCIAL ENERGY TRANSMISSION FACILITIES
275		-	; AND
276		-	(II) EVALUATE THE IMPACT OF RENEWABLE ENERGY PROJECTS AND
277		-	COMMERCIAL ENERGY TRANSMISSION FACILITIES ON WILDLIFE RESOURCES
278		-	;
279		-	THE USE OF WILDLIFE MITIGATION, DECOMMISSIONING, AND COMMUNITY
280		-	BENEFIT AGREEMENTS
281		-	; AND THE RANGE OF FEES IMPOSED BY LOCAL
282		-	GOVERNMENTS
283		-	.
284		-	(b) I
285		-	N PREPARING THE REPORT , THE OFFICE SHALL PROVIDE
286		-	OPPORTUNITIES FOR MUNICIPAL AND COUNTY GOVERNMENTS
287		-	; RENEWABLE
288		-	ENERGY PROJECT DEVELOPERS
289		-	; CONSERVATION ORGANIZATIONS ; LOCAL
290		-	PAGE 6-SENATE BILL 24-212 STAKEHOLDERS, INCLUDING PROPERTY OWNERS ; TRIBAL GOVERNMENTS ;
291		-	ELECTRIC UTILITIES; AND LABOR ORGANIZATIONS TO PROVIDE INPUT AND
292		-	SHALL ALLOW OPPORTUNITY FOR PUBLIC COMMENT BEFORE THE FINAL
293		-	REPORT IS COMPLETED
294		-	.
295		-	(c) T
296		-	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.
	297	+	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JULY 1, 2026.5
297	298		29-20-405. Consultation with tribal government required -
298		-	Brunot agreement of 1874. F
299		-	OR RENEWABLE ENERGY PROJECTS FOR WHICH
300		-	A LOCAL GOVERNMENT RECEIVES AN APPLICATION FOR LAND USE APPROVAL
301		-	AFTER
302		-	JUNE 30, 2024, A LOCAL GOVERNMENT SHALL NOT GRANT A
303		-	DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A FACILITY IN ANY AREA
304		-	THAT IS INCLUDED WITHIN THE
305		-	BRUNOT AREA UNLESS THE LOCAL
306		-	GOVERNMENT FIRST CONSULTS WITH THE TRIBAL GOVERNMENTS OF THE
307		-	UTE
308		-	MOUNTAIN UTE TRIBE AND THE SOUTHERN UTE INDIAN TRIBE CONCERNING
309		-	THE POTENTIAL IMPACTS TO HUNTING
310		-	, FISHING, AND GATHERING RIGHTS
311		-	RELATED TO THE CONSTRUCTION OF THE FACILITY
312		-	.
313		-	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
314		-	$307,991 is appropriated to the department of natural resources. This
315		-	appropriation is from the wildlife cash fund created in section 33-1-112
316		-	(1)(a), C.R.S. To implement this act, the department may use this
317		-	appropriation as follows:
318		-	(a) $304,297 for the division of parks and wildlife for wildlife
319		-	operations, which amount is based on an assumption that the division will
320		-	require an additional 2.5 FTE; and
321		-	(b) $3,694 for the executive director's office for vehicle lease
322		-	payments.
323		-	(2) For the 2024-25 state fiscal year, $95,490 is appropriated to the
324		-	department of natural resources for use by the energy and carbon
325		-	management commission. This appropriation is from the energy and carbon
326		-	management cash fund created in section 34-60-122 (5)(a), C.R.S., and is
327		-	based on an assumption that the commission will require an additional 0.8
328		-	FTE. To implement this act, the commission may use this appropriation for
329		-	program costs.
330		-	SECTION 3. Safety clause. The general assembly finds,
331		-	PAGE 7-SENATE BILL 24-212 determines, and declares that this act is necessary for the immediate
332		-	preservation of the public peace, health, or safety or for appropriations for
333		-	the support and maintenance of the departments of the state and state
334		-	institutions.
335		-	____________________________ ____________________________
336		-	Steve Fenberg
337		-	Julie McCluskie
338		-	PRESIDENT OF SPEAKER OF THE HOUSE
339		-	THE SENATE OF REPRESENTATIVES
340		-	____________________________ ____________________________
341		-	Cindi L. Markwell Robin Jones
342		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
343		-	THE SENATE OF REPRESENTATIVES
344		-	APPROVED________________________________________
345		-	(Date and Time)
346		-	_________________________________________
347		-	Jared S. Polis
348		-	GOVERNOR OF THE STATE OF COLORADO
349		-	PAGE 8-SENATE BILL 24-212
	299	+	6
	300	+	Brunot agreement of 1874. FOR RENEWABLE ENERGY PROJECTS FOR7
	301	+	WHICH A LOCAL GOVERNMENT RECEIVES AN APPLICATION FOR LAND USE8
	302	+	APPROVAL AFTER JUNE 30, 2024, A LOCAL GOVERNMENT SHALL NOT9
	303	+	GRANT A DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A FACILITY IN10
	304	+	ANY AREA THAT IS INCLUDED WITHIN THE BRUNOT AREA UNLESS THE11
	305	+	LOCAL GOVERNMENT FIRST CONSULTS WITH THE TRIBAL GOVERNMENTS OF12
	306	+	THE UTE MOUNTAIN UTE TRIBE AND THE SOUTHERN UTE INDIAN TRIBE13
	307	+	CONCERNING THE POTENTIAL IMPACTS TO HUNTING , FISHING, AND14
	308	+	GATHERING RIGHTS RELATED TO THE CONSTRUCTION OF THE FACILITY .15
	309	+	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal16
	310	+	year, $307,991 is appropriated to the department of natural resources.17
	311	+	This appropriation is from the wildlife cash fund created in section18
	312	+	33-1-112 (1)(a), C.R.S. To implement this act, the department may use19
	313	+	this appropriation as follows:20
	314	+	(a) $304,297 for the division of parks and wildlife for wildlife21
	315	+	operations, which amount is based on an assumption that the division will22
	316	+	require an additional 2.5 FTE; and23
	317	+	(b) $3,694 for the executive director's office for vehicle lease24
	318	+	payments.25
	319	+	(2) For the 2024-25 state fiscal year, $95,490 is appropriated to26
	320	+	the department of natural resources for use by the energy and carbon27
	321	+	212
	322	+	-9- management commission. This appropriation is from the energy and1
	323	+	carbon management cash fund created in section 34-60-122 (5)(a),2
	324	+	C.R.S., and is based on an assumption that the commission will require3
	325	+	an additional 0.8 FTE. To implement this act, the commission may use4
	326	+	this appropriation for program costs. 5
	327	+	SECTION 3. Safety clause. The general assembly finds,6
	328	+	determines, and declares that this act is necessary for the immediate7
	329	+	preservation of the public peace, health, or safety or for appropriations for8
	330	+	the support and maintenance of the departments of the state and state9
	331	+	institutions.10
	332	+	212
	333	+	-10-