137 | | - | PAGE 3-SENATE BILL 24-214 AGENCIES; |
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| 58 | + | agencies; |
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| 59 | + | ! Assisting state agencies in installing energy-efficient |
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| 60 | + | equipment and fixtures; |
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| 61 | + | ! Assisting state agencies in meeting building performance |
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| 62 | + | standards such as those administered by the Colorado |
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| 63 | + | energy office; |
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| 64 | + | ! Coordinating and assisting in planning and constructing |
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| 65 | + | state agencies' electric vehicle charging infrastructure and |
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| 66 | + | ensuring utilization of such infrastructure; |
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| 67 | + | ! Instituting water reduction initiatives, including but not |
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| 68 | + | limited to the installation of water-conserving fixtures and |
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| 69 | + | plants on state property; |
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| 70 | + | ! Assisting state agencies in transitioning from gas-powered |
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| 71 | + | to electric equipment; |
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| 72 | + | ! Implementing statewide waste diversion practices to |
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| 73 | + | increase state agencies' recycling rates; |
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| 74 | + | ! Developing commuting opportunities for state employees |
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| 75 | + | that reduce greenhouse gas emissions and other pollution; |
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| 76 | + | ! Assisting state agencies in developing training programs to |
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| 77 | + | educate state employees on sustainable practices; and |
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| 78 | + | ! Conducting other activities as directed by the general |
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| 79 | + | assembly or the governor. |
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| 80 | + | The bill creates the state agency sustainability revolving fund |
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| 81 | + | (revolving fund) and directs the state treasurer to transfer $540,230 from |
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| 82 | + | the general fund to the revolving fund. The bill specifies that the office |
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| 83 | + | of sustainability may use the money in the revolving fund for the purposes |
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| 84 | + | of operating the office and replacing the state's gas- and diesel-powered |
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| 85 | + | equipment located in ozone nonattainment areas as designated by the U.S. |
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| 86 | + | environmental protection agency. |
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| 87 | + | In addition, the bill requires the office of sustainability to review |
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| 88 | + | and coordinate state agencies' applications for elective pay funding |
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| 89 | + | available under the federal "Inflation Reduction Act of 2022" (act), and |
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| 90 | + | 214 |
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| 91 | + | -2- to work with the office of the state controller to coordinate central |
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| 92 | + | submissions of elective pay applications by advising and assisting state |
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| 93 | + | agencies in submitting and centrally filing those applications and by |
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| 94 | + | providing technical assistance to state agencies on elective pay. |
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| 95 | + | The bill also creates the inflation reduction act elective pay cash |
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| 96 | + | fund (cash fund), which consists of money received by the department |
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| 97 | + | pursuant to the elective pay provisions of the act, all of which must be |
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| 98 | + | deposited into the cash fund to be used for the purposes of the office. |
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| 99 | + | Section 2 specifies that the office of sustainability is a type 2 entity |
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| 100 | + | under the administrative organization act. |
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| 101 | + | Section 3 makes several clarifications regarding the geothermal |
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| 102 | + | energy grant program (grant program), including specifying that: |
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| 103 | + | ! The grant program applies to both heating-only and |
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| 104 | + | combined heating and cooling systems; |
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| 105 | + | ! At least 25% of the grant money must be awarded to |
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| 106 | + | eligible entities from or projects in low-income, |
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| 107 | + | disproportionately impacted, or just transition communities; |
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| 108 | + | and |
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| 109 | + | ! The Colorado energy office may utilize grant program |
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| 110 | + | money to support education, outreach, and engagement |
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| 111 | + | with the general public and relevant stakeholders to |
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| 112 | + | facilitate the growth of the geothermal sector and |
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| 113 | + | awareness of relevant state programs in Colorado. |
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| 114 | + | Section 4 extends the deadline for the energy code board to |
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| 115 | + | develop a model low energy and carbon code and specifies that the model |
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| 116 | + | low energy and carbon code can include appendices and resources to the |
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| 117 | + | international energy conservation code. |
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| 118 | + | Section 5 decreases the amount of money the Colorado energy |
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| 119 | + | office can issue in grants to local governments to support their adoption |
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| 120 | + | and enforcement of the 2021 international energy conservation code, an |
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| 121 | + | electric ready and solar ready code, and a low energy and carbon code by |
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| 122 | + | $125,000 and increases the amount the treasurer is required to transfer |
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| 123 | + | into the energy fund to $275,000. |
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| 124 | + | Section 6 clarifies that, for purposes of the industrial clean energy |
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| 125 | + | tax credit, an industrial study includes a pre-front-end or front-end |
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| 126 | + | engineering design study that meets or exceeds the standards established |
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| 127 | + | by the Colorado energy office or any other industrial studies as outlined |
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| 128 | + | in program standards, and that an owner includes a project developer. |
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| 129 | + | Section 6 also increases the amount of the credit that can be claimed to |
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| 130 | + | $8 million, and specifies that an owner that claims the industrial clean |
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| 131 | + | energy tax credit cannot, for the same greenhouse gas emission reduction |
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| 132 | + | improvements, claim the enterprise zone investment tax credit or receive |
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| 133 | + | grant money under the industrial and manufacturing operations clean air |
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| 134 | + | grant program. |
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| 135 | + | Section 7 clarifies several definitions related to the tax credit for |
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| 136 | + | 214 |
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| 137 | + | -3- expenditures made in connection with a geothermal energy project and |
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| 138 | + | adds several definitions. Section 7 also adds tribal governments as |
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| 139 | + | eligible taxpayers pursuant to the tax credit. |
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| 140 | + | Section 8 adds tribal governments as qualified entities pursuant to |
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| 141 | + | the geothermal electricity generation production tax credit, and requires |
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| 142 | + | the Colorado energy office to annually review and evaluate the |
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| 143 | + | effectiveness of the tax credit. |
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| 144 | + | Section 9 clarifies the definition of "air-source heat pump system" |
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| 145 | + | pursuant to the heat pump technology and thermal energy network tax |
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| 146 | + | credit and allows the Colorado energy office to review and modify more |
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| 147 | + | credit amounts and create certificate maximums related to the heat pump |
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| 148 | + | technology and thermal energy network tax credit. |
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| 149 | + | Section 10 clarifies that certain provisions related to the clean |
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| 150 | + | hydrogen tax credit are subject to rules adopted by the public utilities |
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| 151 | + | commission. |
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| 152 | + | Section 11 advances the deadline by which the treasurer must |
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| 153 | + | repay all administrative costs to the industrial and manufacturing |
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| 154 | + | operations clean air grant program cash fund, the geothermal energy grant |
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| 155 | + | fund, the community access to electric bicycles cash fund, and the |
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| 156 | + | electrifying school buses grant program cash fund to June 30, 2024. |
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| 157 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 158 | + | SECTION 1. In Colorado Revised Statutes, add part 23 to article2 |
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| 159 | + | 30 of title 24 as follows:3 |
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| 160 | + | PART 234 |
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| 161 | + | OFFICE OF SUSTAINABILITY5 |
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| 162 | + | 24-30-2301. Legislative declaration. T |
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| 163 | + | HE GENERAL ASSEMBLY6 |
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| 164 | + | HEREBY FINDS AND DECLARES THAT :7 |
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| 165 | + | (1) T |
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| 166 | + | HE STATE SHOULD BE A LEADER IN SUSTAINABILITY AND8 |
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| 167 | + | SHOULD OFFER SUSTAINABLE PRACTICES TO STATE AGENCIES AS A CORE9 |
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| 168 | + | ADMINISTRATIVE SERVICE;10 |
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| 169 | + | (2) R |
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| 170 | + | EDUCING THE STATE'S OPERATING AND ENERGY COSTS11 |
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| 171 | + | SUPPORTS A VIBRANT AND DIVERSE ECONOMY AND SAVES TAXPAYERS12 |
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| 172 | + | MONEY;13 |
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| 173 | + | (3) E |
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| 174 | + | NSURING STATE COMPLIANCE WITH ENVIRONMENTAL14 |
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| 175 | + | 214-4- MANDATES IS CRITICAL TO THE FUTURE OF OUR STATE AND OUR NATION ;1 |
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| 176 | + | (4) S |
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| 177 | + | USTAINABLE STATE AGENCY OPERATIONS CONSERVE WATER2 |
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| 178 | + | AND OFFSET THE ESTIMATED FUTURE WATER NEEDS OF UP TO SEVEN3 |
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| 179 | + | HUNDRED FORTY THOUSAND ADDITIONAL ACRE FEET AS OUTLINED IN THE4 |
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| 180 | + | 2023 |
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| 181 | + | COLORADO WATER PLAN ADOPTED BY THE COLORADO WATER5 |
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| 182 | + | CONSERVATION BOARD; AND6 |
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| 183 | + | (5) C |
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| 184 | + | OORDINATING SUSTAINABLE PRACTICES IS BEST7 |
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| 185 | + | ACCOMPLISHED THROUGH THE CREATION OF AN OFFICE FOCUSED ON THE8 |
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| 186 | + | STATE'S OPERATIONS, CAPITAL CONSTRUCTION PROJECTS , AND9 |
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| 187 | + | PROCUREMENT.10 |
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| 188 | + | 24- 30- 2302. Definitions. A |
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| 189 | + | S USED IN THIS PART 23, UNLESS THE11 |
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| 190 | + | CONTEXT OTHERWISE REQUIRES :12 |
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| 191 | + | (1) "D |
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| 192 | + | EPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL .13 |
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| 193 | + | (2) "ELECTIVE PAY APPLICATION" MEANS ANY APPLICATION FOR14 |
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| 194 | + | ELECTIVE PAY FUNDING AVAILABLE UNDER THE FEDERAL "INFLATION15 |
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| 195 | + | REDUCTION ACT OF 2022", PUB.L. 117-169, 136 STAT. 1818 (2022).16 |
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| 196 | + | (3) "ENVIRONMENTALLY PREFERABLE PRODUCTS OR SERVICES "17 |
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| 197 | + | MEANS PRODUCTS OR SERVICES THAT CREATE FEWER OR LESS SEVERE18 |
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| 198 | + | NEGATIVE IMPACTS ON THE NATURAL ENVIRONMENT WHEN COMPARED TO19 |
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| 199 | + | SIMILAR PRODUCTS OR SERVICES.20 |
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| 200 | + | (4) "OFFICE" MEANS THE OFFICE OF SUSTAINABILITY CREATED IN21 |
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| 201 | + | SECTION 24-30-2303 (1).22 |
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| 202 | + | (5) "STATE AGENCY" MEANS A PRINCIPAL DEPARTMENT AS23 |
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| 203 | + | DEFINED IN SECTION 24-1-110 AND ANY DIVISION, OFFICE, BOARD,24 |
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| 204 | + | COMMISSION, OR ENTERPRISE WITHIN A PRINCIPAL DEPARTMENT; EXCEPT25 |
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| 205 | + | THAT "STATE AGENCY" DOES NOT INCLUDE AN INSTITUTION OF HIGHER26 |
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| 206 | + | EDUCATION AS DEFINED IN SECTION 23-18-102 (7).27 |
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| 207 | + | 214 |
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| 208 | + | -5- (6) "SUSTAINABILITY" MEANS THE MINIMIZATION OF NEGATIVE1 |
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| 209 | + | IMPACTS ON THE NATURAL ENVIRONMENT , WHICH INCLUDE BUT ARE NOT2 |
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| 210 | + | LIMITED TO EMISSIONS OF GREENHOUSE GASES , CLIMATE CHANGE,3 |
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| 211 | + | INCREASED WATER CONSUMPTION OR WATER WASTE , POLLUTION,4 |
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| 212 | + | NONRENEWABLE ENERGY USAGE , AND OVER-CONSUMPTION OR WASTE OF5 |
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| 213 | + | RESOURCES.6 |
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| 214 | + | (7) "SUSTAINABLE PRACTICE" MEANS A PRACTICE THAT INCREASES7 |
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| 215 | + | SUSTAINABILITY BY REDUCING ONE OR MORE NEGATIVE IMPACTS ON THE8 |
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| 216 | + | NATURAL ENVIRONMENT .9 |
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| 217 | + | 24-30-2303. Office of sustainability - creation - duties. (1) T |
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| 218 | + | HE10 |
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| 219 | + | OFFICE OF SUSTAINABILITY IS HEREBY CREATED IN THE DEPARTMENT . THE11 |
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| 220 | + | OFFICE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND12 |
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| 221 | + | EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER13 |
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| 222 | + | THE DEPARTMENT. THE OFFICE SHALL WORK WITH STATE AGENCIES |
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| 223 | + | TO14 |
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| 224 | + | IMPLEMENT SUSTAINABLE PRACTICES .15 |
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| 225 | + | (2) T |
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| 226 | + | HE POWERS, DUTIES, AND FUNCTIONS OF THE OFFICE INCLUDE:16 |
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| 227 | + | (a) P |
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| 228 | + | ROVIDING LEADERSHIP TO AND REQUIRING ACCOUNTABILITY17 |
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| 229 | + | FROM STATE AGENCIES REGARDING ONGOING SUSTAINABILITY18 |
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| 230 | + | INITIATIVES;19 |
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| 231 | + | (b) D |
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| 232 | + | EVELOPING BASELINE METRICS AND GOALS FOR THE20 |
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| 233 | + | REDUCTION OF NEGATIVE ENVIRONMENTAL IMPACTS AND TRACKING STATE21 |
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| 234 | + | AGENCIES' PERFORMANCE TOWARD ACHIEVING THOSE GOALS ;22 |
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| 235 | + | (c) T |
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| 236 | + | RACKING THE AMOUNT OF MONEY THE STATE SAVES AS A23 |
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| 237 | + | RESULT OF IMPLEMENTING SUSTAINABLE PRACTICES ;24 |
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| 238 | + | (d) S |
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| 239 | + | EEKING AND APPLYING FOR FEDERAL FUNDING AND OTHER25 |
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| 240 | + | GRANT OPPORTUNITIES THAT WOULD SUPPORT STATE AGENCIES '26 |
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| 241 | + | SUSTAINABLE PRACTICES;27 |
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| 242 | + | 214 |
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| 243 | + | -6- (e) ASSISTING STATE AGENCIES IN IMPLEMENTING SUSTAINABLE1 |
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| 244 | + | PROCUREMENT METHODS AND INTRODUCING OPTIONS FOR2 |
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| 245 | + | ENVIRONMENTALLY PREFERABLE PR ODUCTS OR SERVICES TO STATE3 |
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| 246 | + | AGENCIES;4 |
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287 | | - | HE OFFICE OF |
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288 | | - | SUSTAINABILITY IS CREATED IN SECTION |
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289 | | - | 24-30-2303. THE OFFICE IS A TYPE |
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290 | | - | 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND |
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291 | | - | PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT OF |
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292 | | - | PERSONNEL |
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293 | | - | . |
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294 | | - | SECTION 3. In Colorado Revised Statutes, add article 7.7 to title |
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295 | | - | 6 as follows: |
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296 | | - | ARTICLE 7.7 |
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297 | | - | Standards for Construction Projects |
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298 | | - | PAGE 6-SENATE BILL 24-214 that Receive State Financial Assistance |
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299 | | - | 6-7.7-101. Legislative declaration. (1) T |
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300 | | - | HE GENERAL ASSEMBLY |
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301 | | - | FINDS THAT |
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302 | | - | : |
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303 | | - | (a) A |
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304 | | - | PPLIANCES CERTIFIED BY THE ENERGY STAR PROGRAM MEET |
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305 | | - | STRICT ENERGY EFFICIENCY AND PERFORMANCE GUIDELINES SET BY THE |
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306 | | - | FEDERAL ENVIRONMENTAL PROTECTION AGENCY AND THE |
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307 | | - | UNITED STATES |
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308 | | - | DEPARTMENT OF ENERGY AND CAN SAVE AN ESTIMATED TWENTY TO THIRTY |
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309 | | - | PERCENT MORE ENERGY THAN APPLIANCES THAT ARE NOT CERTIFIED BY THE |
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310 | | - | ENERGY STAR PROGRAM; |
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311 | | - | (b) N |
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312 | | - | EW BUILDING CONSTRUCTION PROJECTS THAT USE TAXPAYER |
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313 | | - | DOLLARS TO PURCHASE EQUIPMENT SHOULD ENSURE THAT THE EQUIPMENT |
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314 | | - | HAS LOWER LIFETIME COSTS TO OPERATE AND MAINTAIN |
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315 | | - | ; |
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316 | | - | (c) M |
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317 | | - | ANY PROJECTS THAT RECEIVE STATE FINANCIAL ASSISTANCE |
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318 | | - | AIM TO ASSIST VULNERABLE LOWER |
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319 | | - | -INCOME HOUSEHOLDS, AND INSTALLING |
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320 | | - | APPLIANCES CERTIFIED BY THE |
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321 | | - | ENERGY STAR PROGRAM COULD LOWER THE |
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322 | | - | COSTS OF THE ENERGY BILLS OF THESE HOUSEHOLDS OVER TIME |
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323 | | - | ; AND |
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324 | | - | (d) SAVING ENERGY IS CRUCIAL IN: |
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325 | | - | (I) A |
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326 | | - | VOIDING THE MOST SERIOUS EFFECTS OF CLIMATE CHANGE AND |
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327 | | - | PRESERVING |
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328 | | - | COLORADO'S WAY OF LIFE, THE HEALTH OF COMMUNITIES, AND |
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329 | | - | THE NATURAL ENVIRONMENT |
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330 | | - | ; |
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331 | | - | (II) A |
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332 | | - | CHIEVING THE STATEWIDE GREENHOUSE GAS EMISSION |
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333 | | - | REDUCTION GOALS |
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334 | | - | ; AND |
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335 | | - | (III) REDUCING COSTS FOR COLORADANS. |
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336 | | - | (2) T |
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337 | | - | HE GENERAL ASSEMBLY THEREFORE DETERMINES AND |
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338 | | - | DECLARES THAT IT IS IN THE PUBLIC INTEREST OF THE HEALTH AND |
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339 | | - | ENVIRONMENT OF THE STATE TO REQUIRE THAT NEW BUILDING |
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340 | | - | CONSTRUCTION PROJECTS THAT RECEIVE STATE FINANCIAL ASSISTANCE USE |
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341 | | - | COVERED ENERGY |
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342 | | - | -CONSUMING PRODUCTS THAT ARE CERTIFIED BY THE |
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343 | | - | ENERGY STAR PROGRAM. |
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344 | | - | 6-7.7-102. Definitions. A |
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345 | | - | S USED IN THIS ARTICLE 7.7, UNLESS THE |
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346 | | - | PAGE 7-SENATE BILL 24-214 CONTEXT OTHERWISE REQUIRES : |
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347 | | - | (1) "C |
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348 | | - | OVERED ENERGY -CONSUMING PRODUCT " MEANS AN |
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349 | | - | APPLIANCE |
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350 | | - | , DEVICE, OR PIECE OF EQUIPMENT THAT IS: |
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351 | | - | (a) P |
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352 | | - | OWERED BY ELECTRICITY OR FUEL; |
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353 | | - | (b) D |
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354 | | - | ESIGNED TO PERFORM ONE OR MORE SPECIFIC TASKS INSIDE A |
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355 | | - | RESIDENTIAL OR COMMERCIAL BUILDING |
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356 | | - | , SUCH AS COOKING, WASHING, |
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357 | | - | DRYING, HEATING, COOLING, PROVIDING DOMESTIC HOT WATER , PRINTING, |
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358 | | - | OR DIGITAL ENTERTAINMENT; AND |
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359 | | - | (c) COVERED WITHIN THE SCOPE OF THE ENERGY STAR PROGRAM. |
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360 | | - | (2) "E |
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361 | | - | NERGY STAR PROGRAM" MEANS THE FEDERAL PROGRAM |
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362 | | - | AUTHORIZED BY |
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363 | | - | 42 U.S.C. SEC. 6294a, AS AMENDED. |
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364 | | - | (3) "S |
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365 | | - | OCIAL COST OF CARBON" MEANS THE SOCIAL COST OF CARBON |
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366 | | - | DIOXIDE EMISSIONS DEVELOPED BY THE PUBLIC UTILITIES COMMISSION |
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367 | | - | PURSUANT TO SECTION |
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368 | | - | 40-3.2-106. |
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369 | | - | (4) "S |
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370 | | - | TATE FINANCIAL ASSISTANCE" MEANS ALLOCATIONS FROM THE |
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371 | | - | GENERAL FUND OR OTHER LEGISLATIVE ALLOCATIONS |
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372 | | - | , STATE TAXPAYER |
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373 | | - | FUNDS |
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374 | | - | , REBATES, GRANTS, OR LOANS PROVIDED OR ADMINISTERED BY THE |
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375 | | - | STATE |
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376 | | - | . |
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377 | | - | 6-7.7-103. Energy-efficiency standards for certain building |
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378 | | - | construction projects that receive state financial assistance - record |
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379 | | - | retention requirements - waivers - exemptions - standardized resources |
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380 | | - | - enforcement - civil penalties. (1) O |
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381 | | - | N AND AFTER JANUARY 1, 2025, |
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382 | | - | EXCEPT AS SET FORTH IN SUBSECTION (3) OR (4) OF THIS SECTION, RECIPIENTS |
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383 | | - | OF STATE FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION |
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384 | | - | PROJECTS THAT INCLUDE THE SPECIFICATION |
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385 | | - | , PROVISION, OR PURCHASE OF |
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386 | | - | COVERED ENERGY |
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387 | | - | -CONSUMING PRODUCTS SHALL USE COVERED |
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388 | | - | ENERGY |
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389 | | - | -CONSUMING PRODUCTS CERTIFIED BY THE ENERGY STAR PROGRAM. |
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390 | | - | (2) O |
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391 | | - | N AND AFTER JANUARY 1, 2025, A STATE AGENCY THAT |
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392 | | - | PROVIDES OR ADMINISTERS STATE FINANCIAL ASSISTANCE FOR A NEW |
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393 | | - | BUILDING CONSTRUCTION PROJECT SHALL |
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394 | | - | : |
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395 | | - | PAGE 8-SENATE BILL 24-214 (a) INCLUDE THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION |
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396 | | - | IN THE STATE AGENCY |
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397 | | - | 'S CRITERIA OR GUIDANCE FOR APPLYING FOR OR |
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398 | | - | RECEIVING STATE FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION |
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399 | | - | PROJECTS |
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400 | | - | ; |
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401 | | - | (b) R |
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402 | | - | EQUEST AN ATTESTATION SIGNED BY A RECIPIENT OF STATE |
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403 | | - | FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION PROJECTS THAT |
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404 | | - | DECLARES THAT |
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405 | | - | : |
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406 | | - | (I) T |
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407 | | - | HE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION HAVE |
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408 | | - | BEEN OR WILL BE FOLLOWED |
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409 | | - | ; OR |
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410 | | - | (II) THE RECIPIENT OF THE STATE FINANCIAL ASSISTANCE IS |
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411 | | - | REQUESTING A WAIVER PURSUANT TO SUBSECTION |
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412 | | - | (3) OF THIS SECTION; AND |
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413 | | - | (c) RESPOND TO WAIVER REQUESTS RECEIVED PURSUANT TO |
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414 | | - | SUBSECTION |
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415 | | - | (3) OF THIS SECTION. |
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416 | | - | (3) A |
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417 | | - | STATE AGENCY THAT PROVIDES OR ADMINISTERS STATE |
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418 | | - | FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION PROJECTS MAY |
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419 | | - | ISSUE A STANDARDIZED WAIVER FROM THE REQUIREMENTS OF SUBSECTION |
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420 | | - | (1) OF THIS SECTION FOR A NEW BUILDING CONSTRUCTION PROJECT IF THE |
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421 | | - | RECIPIENT DEMONSTRATES |
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422 | | - | , THROUGH EVIDENCE AND ATTESTATION FROM A |
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423 | | - | LICENSED PROFESSIONAL ENGINEER OR DESIGN PROFESSIONAL |
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424 | | - | , THAT: |
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425 | | - | (a) N |
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426 | | - | O COVERED ENERGY-CONSUMING PRODUCT CERTIFIED BY THE |
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427 | | - | ENERGY STAR PROGRAM AND THAT MEETS THE FUNCTI ONAL REQUIREMENTS |
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428 | | - | OF THE PROJECT IS REASONABLY AVAILABLE TO THE APPLICANT |
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429 | | - | ; OR |
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430 | | - | (b) TAKING ENERGY COST SAVINGS AND THE SOCIAL COST OF |
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431 | | - | CARBON INTO ACCOUNT |
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432 | | - | , NO COVERED ENERGY -CONSUMING PRODUCT |
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433 | | - | CERTIFIED BY THE |
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434 | | - | ENERGY STAR PROGRAM IS COST-EFFECTIVE OVER THE |
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435 | | - | LIFE OF THE PRODUCT |
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436 | | - | . |
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437 | | - | (4) T |
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438 | | - | HE FOLLOWING NEW BUILDING CONSTRUCTION PROJECTS ARE |
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439 | | - | EXEMPT FROM THE REQUIREMENTS OF THIS SECTION |
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440 | | - | : |
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441 | | - | (a) P |
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442 | | - | ROJECTS THAT HAVE PASSED THE DESIGN PHASE BEFORE |
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443 | | - | JANUARY 1, 2025, AND WOULD REQUIRE SIGNIFICANT REDESIGN TO INCLUDE |
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444 | | - | A COVERED ENERGY |
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445 | | - | -CONSUMING PRODUCT CERTIFIED BY THE ENERGY STAR |
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446 | | - | PAGE 9-SENATE BILL 24-214 PROGRAM; AND |
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447 | | - | (b) PROJECTS THAT HAVE RECEIVED A PERMIT FROM A LOCAL |
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448 | | - | GOVERNMENT FOR THE USE OF A COVERED ENERGY |
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449 | | - | -CONSUMING PRODUCT |
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450 | | - | BEFORE |
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451 | | - | JANUARY 1, 2025. |
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452 | | - | (5) I |
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453 | | - | F THE ATTORNEY GENERAL , BY A PREPONDERANCE OF THE |
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454 | | - | EVIDENCE |
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455 | | - | , BELIEVES THAT A PERSON HAS VIOLATED OR CAUSED ANOTHER |
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456 | | - | PERSON TO VIOLATE SUBSECTION |
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457 | | - | (1) OF THIS SECTION, THE ATTORNEY |
---|
458 | | - | GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK THE |
---|
459 | | - | ASSESSMENT OF A CIVIL PENALTY OF UP TO THE TOTAL AMOUNT OF STATE |
---|
460 | | - | FINANCIAL ASSISTANCE RECEIVED BY THE VIOLATOR ON OR AFTER |
---|
461 | | - | JANUARY |
---|
462 | | - | 1, 2025, WHICH AMOUNT MUST BE TRANSMI TTED TO THE STATE TREASURER , |
---|
463 | | - | WHO SHALL CREDIT THE AMOUNT TO THE ENERGY FUND CREATED IN SECTION |
---|
464 | | - | 24-38.5-102.4 (1)(a)(I). |
---|
465 | | - | SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend |
---|
466 | | - | (5)(j) as follows: |
---|
467 | | - | 6-7.5-105. Standards - effective dates - repeal. (5) On and after |
---|
468 | | - | January 1, 2026, a person shall not sell, offer to sell, lease, or offer to lease |
---|
469 | | - | any of the following new products in Colorado unless the efficiency of the |
---|
470 | | - | new product meets or exceeds the following efficiency standards, as |
---|
471 | | - | applicable: |
---|
472 | | - | (j) (I) E |
---|
473 | | - | XCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(j)(II) OF |
---|
474 | | - | THIS SECTION |
---|
475 | | - | , residential windows, residential doors, and residential |
---|
476 | | - | skylights included in the scope of the Energy Star program product |
---|
477 | | - | specification for residential windows, doors, and skylights must satisfy the |
---|
478 | | - | northern climate zone qualification criteria of that specification; except that |
---|
479 | | - | residential windows and doors that are custom designed for a historically |
---|
480 | | - | designated building and required in order to maintain the historic nature or |
---|
481 | | - | character of such a building are not required to satisfy such criteria. |
---|
482 | | - | (II) T |
---|
483 | | - | HE EXECUTIVE DIRECTOR MAY CONSULT WITH THE COLORADO |
---|
484 | | - | ENERGY OFFICE TO EVALUATE THE STANDARD SET FORTH IN SUBSECTION |
---|
485 | | - | (5)(j)(I) OF THIS SECTION FOR RESIDENTIAL WINDOWS, RESIDENTIAL DOORS, |
---|
486 | | - | AND RESIDENTIAL SKYLIGHTS. IF THE EXECUTIVE DIRECTOR DETERMINES |
---|
487 | | - | THAT THE STANDARD CANNOT REASONABLY BE MET BY M ANUFACTURERS OF |
---|
488 | | - | RESIDENTIAL WINDOWS |
---|
489 | | - | , RESIDENTIAL DOORS, AND RESIDENTIAL SKYLIGHTS, |
---|
490 | | - | PAGE 10-SENATE BILL 24-214 THEN THE EXECUTIVE DIRECTOR SHALL SET AN ALTERNATIVE STANDARD |
---|
491 | | - | WHICH MAY BE APPLIED INSTEAD OF THE STANDARD SET FORTH IN |
---|
492 | | - | SUBSECTION |
---|
493 | | - | (5)(j)(I) OF THIS SECTION AND THE EXECUTIVE DIRECTOR SHALL |
---|
494 | | - | DISPLAY THE ALTERNATIVE STANDARD ON THE PUBLIC WEBSITE OF THE |
---|
495 | | - | COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT NO LATER |
---|
496 | | - | THAN |
---|
497 | | - | JUNE 1, 2025. WHEN DECIDING WHETHER THE STANDARD SET FORTH |
---|
498 | | - | IN SUBSECTION |
---|
499 | | - | (5)(j)(I) OF THIS SECTION CAN REASONABLY BE MET , THE |
---|
500 | | - | EXECUTIVE DIRECTOR SHALL TAKE INTO ACCOUNT THE FOLLOWING FACTORS |
---|
501 | | - | : |
---|
502 | | - | (A) I |
---|
503 | | - | MPACTS ON NET CONSUMER COSTS ; AND |
---|
504 | | - | (B) SUPPLY CHAIN CONSTRAINTS. |
---|
505 | | - | SECTION 5. In Colorado Revised Statutes, 24-38.5-116, amend |
---|
506 | | - | (6)(b)(II) as follows: |
---|
507 | | - | 24-38.5-116. Industrial and manufacturing operations clean air |
---|
508 | | - | grant program - creation - eligibility - fund created - gifts, grants, or |
---|
509 | | - | donations - transfer - legislative declaration - definitions - reporting - |
---|
510 | | - | repeal. (6) (b) (II) For state fiscal years 2023-24 and 2024-25, the office |
---|
511 | | - | and, subject to annual appropriation, the department of revenue may expend |
---|
512 | | - | money from the fund for the administration and implementation of the |
---|
513 | | - | industrial clean energy tax credit created in section 39-22-551 and the tax |
---|
514 | | - | credit for sustainable aviation fuel production facility created in section |
---|
515 | | - | 39-22-556. The office shall keep an accounting of all money expended from |
---|
516 | | - | the fund pursuant to this subsection (6)(b)(II) for purposes of calculating the |
---|
517 | | - | repayment of the administrative costs required by section 39-29-108 |
---|
518 | | - | (2)(e)(II) SECTION 24-38.5-120 (3). |
---|
519 | | - | SECTION 6. In Colorado Revised Statutes, 24-38.5-118, amend |
---|
520 | | - | (3)(b), (4)(a) introductory portion, (4)(b)(I), (7)(d), and (8)(b); repeal |
---|
521 | | - | (4)(a)(I); and add (8)(d) as follows: |
---|
522 | | - | 24-38.5-118. Geothermal energy grant program - creation - |
---|
523 | | - | procedures - fund - report - definitions - legislative declaration - repeal. |
---|
524 | | - | (3) Creation of grant program. There is hereby created within the office |
---|
525 | | - | the geothermal energy grant program to provide grants to building owners, |
---|
526 | | - | developers, local governments, geothermal installers, contractors, |
---|
527 | | - | communities, gas or electric service public utilities, or other entities |
---|
528 | | - | approved by the office for: |
---|
529 | | - | PAGE 11-SENATE BILL 24-214 (b) The installation of geothermal equipment for use as the primary |
---|
530 | | - | heating or HEATING-ONLY OR COMBINED HEATING AND cooling systems in |
---|
531 | | - | new construction or to retrofit existing buildings; or |
---|
532 | | - | (4) Grants - limitations - qualifications. The grant program |
---|
533 | | - | consists of three types of grants: |
---|
534 | | - | (a) The single-structure geothermal grant, which is awarded to |
---|
535 | | - | applicants that are constructing a new building or retrofitting an existing |
---|
536 | | - | building, including a single-family or multifamily residence, and installing |
---|
537 | | - | a geothermal system for use as the primary |
---|
538 | | - | HEATING-ONLY OR COMBINED |
---|
539 | | - | heating and cooling system for the building. A single-structure geothermal |
---|
540 | | - | grant is subject to the following limitations and qualifications: |
---|
| 368 | + | HE OFFICE13 |
---|
| 369 | + | OF SUSTAINABILITY IS CREATED IN SECTION 24-30-2303. THE OFFICE IS A14 |
---|
| 370 | + | TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS15 |
---|
| 371 | + | POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE16 |
---|
| 372 | + | DEPARTMENT OF PERSONNEL .17 |
---|
| 373 | + | SECTION 3. In Colorado Revised Statutes, add article 7.7 to title18 |
---|
| 374 | + | 6 as follows:19 |
---|
| 375 | + | ARTICLE 7.720 |
---|
| 376 | + | Standards for Construction Projects21 |
---|
| 377 | + | that Receive State Financial Assistance22 |
---|
| 378 | + | 6-7.7-101. Legislative declaration. (1) THE GENERAL ASSEMBLY23 |
---|
| 379 | + | FINDS THAT:24 |
---|
| 380 | + | (a) APPLIANCES CERTIFIED BY THE ENERGY STAR PROGRAM MEET25 |
---|
| 381 | + | STRICT ENERGY EFFICIENCY AND PERFORMANCE GUIDELINES SET BY THE26 |
---|
| 382 | + | FEDERAL ENVIRONMENTAL PROTECTION AGENCY AND THE UNITED STATES27 |
---|
| 383 | + | 214 |
---|
| 384 | + | -10- DEPARTMENT OF ENERGY AND CAN SAVE AN ESTIMATED TWENTY TO1 |
---|
| 385 | + | THIRTY PERCENT MORE ENERGY THAN APPLIANCES THAT ARE NOT2 |
---|
| 386 | + | CERTIFIED BY THE ENERGY STAR PROGRAM;3 |
---|
| 387 | + | (b) NEW BUILDING CONSTRUCTION PROJECTS THAT USE TAXPAYER4 |
---|
| 388 | + | DOLLARS TO PURCHASE EQUIPMENT SHOULD ENSURE THAT THE EQUIPMENT5 |
---|
| 389 | + | HAS LOWER LIFETIME COSTS TO OPERATE AND MAINTAIN ;6 |
---|
| 390 | + | (c) MANY PROJECTS THAT RECEIVE STATE FINANCIAL ASSISTANCE7 |
---|
| 391 | + | AIM TO ASSIST VULNERABLE LOWER -INCOME HOUSEHOLDS, AND8 |
---|
| 392 | + | INSTALLING APPLIANCES CERTIFIED BY THE ENERGY STAR PROGRAM9 |
---|
| 393 | + | COULD LOWER THE COSTS OF THE ENERGY BILLS OF THESE HOUSEHOLDS10 |
---|
| 394 | + | OVER TIME; AND11 |
---|
| 395 | + | (d) SAVING ENERGY IS CRUCIAL IN:12 |
---|
| 396 | + | (I) AVOIDING THE MOST SERIOUS EFFECTS OF CLIMATE CHANGE13 |
---|
| 397 | + | AND PRESERVING COLORADO'S WAY OF LIFE, THE HEALTH OF14 |
---|
| 398 | + | COMMUNITIES, AND THE NATURAL ENVIRONMENT ;15 |
---|
| 399 | + | (II) ACHIEVING THE STATEWIDE GREENHOUSE GAS EMISSION16 |
---|
| 400 | + | REDUCTION GOALS; AND17 |
---|
| 401 | + | (III) REDUCING COSTS FOR COLORADANS.18 |
---|
| 402 | + | (2) THE GENERAL ASSEMBLY THEREFORE DETERMINES AND19 |
---|
| 403 | + | DECLARES THAT IT IS IN THE PUBLIC INTEREST OF THE HEALTH AND20 |
---|
| 404 | + | ENVIRONMENT OF THE STATE TO REQUIRE THAT NEW BUILDING21 |
---|
| 405 | + | CONSTRUCTION PROJECTS THAT RECEIVE STATE FINANCIAL ASSISTANCE22 |
---|
| 406 | + | USE COVERED ENERGY-CONSUMING PRODUCTS THAT ARE CERTIFIED BY23 |
---|
| 407 | + | THE ENERGY STAR PROGRAM.24 |
---|
| 408 | + | 6-7.7-102. Definitions. AS USED IN THIS ARTICLE 7.7, UNLESS THE25 |
---|
| 409 | + | CONTEXT OTHERWISE REQUIRES :26 |
---|
| 410 | + | (1) "COVERED ENERGY-CONSUMING PRODUCT" MEANS AN27 |
---|
| 411 | + | 214 |
---|
| 412 | + | -11- APPLIANCE, DEVICE, OR PIECE OF EQUIPMENT THAT IS:1 |
---|
| 413 | + | (a) POWERED BY ELECTRICITY OR FUEL;2 |
---|
| 414 | + | (b) DESIGNED TO PERFORM ONE OR MORE SPECIFIC TASKS INSIDE3 |
---|
| 415 | + | A RESIDENTIAL OR COMMERCIAL BUILDING, SUCH AS COOKING, WASHING,4 |
---|
| 416 | + | DRYING, HEATING, COOLING, PROVIDING DOMESTIC HOT WATER, PRINTING,5 |
---|
| 417 | + | OR DIGITAL ENTERTAINMENT; AND6 |
---|
| 418 | + | (c) COVERED WITHIN THE SCOPE OF THE ENERGY STAR PROGRAM.7 |
---|
| 419 | + | (2) "ENERGY STAR PROGRAM" MEANS THE FEDERAL PROGRAM8 |
---|
| 420 | + | AUTHORIZED BY 42 U.S.C. SEC. 6294a, AS AMENDED.9 |
---|
| 421 | + | (3) "SOCIAL COST OF CARBON" MEANS THE SOCIAL COST OF10 |
---|
| 422 | + | CARBON DIOXIDE EMISSIONS DEVELOPED BY THE PUBLIC UTILITIES11 |
---|
| 423 | + | COMMISSION PURSUANT TO SECTION 40-3.2-106.12 |
---|
| 424 | + | (4) "STATE FINANCIAL ASSISTANCE" MEANS ALLOCATIONS FROM13 |
---|
| 425 | + | THE GENERAL FUND OR OTHER LEGISLATIVE ALLOCATIONS , STATE14 |
---|
| 426 | + | TAXPAYER FUNDS, REBATES, GRANTS, OR LOANS PROVIDED OR15 |
---|
| 427 | + | ADMINISTERED BY THE STATE.16 |
---|
| 428 | + | 6-7.7-103. Energy-efficiency standards for certain building17 |
---|
| 429 | + | construction projects that receive state financial assistance - record18 |
---|
| 430 | + | retention requirements - waivers - exemptions - standardized19 |
---|
| 431 | + | resources - enforcement - civil penalties. (1) ON AND AFTER JANUARY20 |
---|
| 432 | + | 1, 2025, EXCEPT AS SET FORTH IN SUBSECTION (3) OR (4) OF THIS SECTION,21 |
---|
| 433 | + | RECIPIENTS OF STATE FINANCIAL ASSISTANCE FOR NEW BUILDING22 |
---|
| 434 | + | CONSTRUCTION PROJECTS THAT INCLUDE THE SPECIFICATION, PROVISION,23 |
---|
| 435 | + | OR PURCHASE OF COVERED ENERGY-CONSUMING PRODUCTS SHALL USE24 |
---|
| 436 | + | COVERED ENERGY-CONSUMING PRODUCTS CERTIFIED BY THE ENERGY25 |
---|
| 437 | + | STAR PROGRAM.26 |
---|
| 438 | + | (2) ON AND AFTER JANUARY 1, 2025, A STATE AGENCY THAT27 |
---|
| 439 | + | 214 |
---|
| 440 | + | -12- PROVIDES OR ADMINISTERS STATE FINANCIAL ASSISTANCE FOR A NEW1 |
---|
| 441 | + | BUILDING CONSTRUCTION PROJECT SHALL :2 |
---|
| 442 | + | (a) INCLUDE THE REQUIREMENTS OF SUBSECTION (1) OF THIS3 |
---|
| 443 | + | SECTION IN THE STATE AGENCY'S CRITERIA OR GUIDANCE FOR APPLYING4 |
---|
| 444 | + | FOR OR RECEIVING STATE FINANCIAL ASSISTANCE FOR NEW BUILDING5 |
---|
| 445 | + | CONSTRUCTION PROJECTS;6 |
---|
| 446 | + | (b) REQUEST AN ATTESTATION SIGNED BY A RECIPIENT OF STATE7 |
---|
| 447 | + | FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION PROJECTS8 |
---|
| 448 | + | THAT DECLARES THAT:9 |
---|
| 449 | + | (I) THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION HAVE10 |
---|
| 450 | + | BEEN OR WILL BE FOLLOWED; OR11 |
---|
| 451 | + | (II) THE RECIPIENT OF THE STATE FINANCIAL ASSISTANCE IS12 |
---|
| 452 | + | REQUESTING A WAIVER PURSUANT TO SUBSECTION (3) OF THIS SECTION;13 |
---|
| 453 | + | AND14 |
---|
| 454 | + | (c) RESPOND TO WAIVER REQUESTS RECEIVED PURSUANT TO15 |
---|
| 455 | + | SUBSECTION (3) OF THIS SECTION.16 |
---|
| 456 | + | (3) A STATE AGENCY THAT PROVIDES OR ADMINISTERS STATE17 |
---|
| 457 | + | FINANCIAL ASSISTANCE FOR NEW BUILDING CONSTRUCTION PROJECTS MAY18 |
---|
| 458 | + | ISSUE A STANDARDIZED WAIVER FROM THE REQUIREMENTS OF SUBSECTION19 |
---|
| 459 | + | (1) OF THIS SECTION FOR A NEW BUILDING CONSTRUCTION PROJECT IF THE20 |
---|
| 460 | + | RECIPIENT DEMONSTRATES, THROUGH EVIDENCE AND ATTESTATION FROM21 |
---|
| 461 | + | A LICENSED PROFESSIONAL ENGINEER OR DESIGN PROFESSIONAL , THAT:22 |
---|
| 462 | + | (a) NO COVERED ENERGY-CONSUMING PRODUCT CERTIFIED BY THE23 |
---|
| 463 | + | ENERGY STAR PROGRAM AND THAT MEETS THE FUNCTIONAL24 |
---|
| 464 | + | REQUIREMENTS OF THE PROJECT IS REASONABLY AVAILABLE TO THE25 |
---|
| 465 | + | APPLICANT; OR26 |
---|
| 466 | + | (b) TAKING ENERGY COST SAVINGS AND THE SOCIAL COST OF27 |
---|
| 467 | + | 214 |
---|
| 468 | + | -13- CARBON INTO ACCOUNT, NO COVERED ENERGY-CONSUMING PRODUCT1 |
---|
| 469 | + | CERTIFIED BY THE ENERGY STAR PROGRAM IS COST-EFFECTIVE OVER THE2 |
---|
| 470 | + | LIFE OF THE PRODUCT.3 |
---|
| 471 | + | (4) THE FOLLOWING NEW BUILDING CONSTRUCTION PROJECTS ARE4 |
---|
| 472 | + | EXEMPT FROM THE REQUIREMENTS OF THIS SECTION :5 |
---|
| 473 | + | (a) PROJECTS THAT HAVE PASSED THE DESIGN PHASE BEFORE6 |
---|
| 474 | + | JANUARY 1, 2025, AND WOULD REQUIRE SIGNIFICANT REDESIGN TO7 |
---|
| 475 | + | INCLUDE A COVERED ENERGY-CONSUMING PRODUCT CERTIFIED BY THE8 |
---|
| 476 | + | ENERGY STAR PROGRAM; AND9 |
---|
| 477 | + | (b) PROJECTS THAT HAVE RECEIVED A PERMIT FROM A LOCAL10 |
---|
| 478 | + | GOVERNMENT FOR THE USE OF A COVERED ENERGY-CONSUMING PRODUCT11 |
---|
| 479 | + | BEFORE JANUARY 1, 2025.12 |
---|
| 480 | + | (5) IF THE ATTORNEY GENERAL , BY A PREPONDERANCE OF THE13 |
---|
| 481 | + | EVIDENCE, BELIEVES THAT A PERSON HAS VIOLATED OR CAUSED ANOTHER14 |
---|
| 482 | + | PERSON TO VIOLATE SUBSECTION (1) OF THIS SECTION, THE ATTORNEY15 |
---|
| 483 | + | GENERAL MAY BRING A CIVIL ACTION ON BEHALF OF THE STATE TO SEEK16 |
---|
| 484 | + | THE ASSESSMENT OF A CIVIL PENALTY OF UP TO THE TOTAL AMOUNT OF17 |
---|
| 485 | + | STATE FINANCIAL ASSISTANCE RECEIVED BY THE VIOLATOR ON OR AFTER18 |
---|
| 486 | + | JANUARY 1, 2025, WHICH AMOUNT MUST BE TRANSMITTED TO THE STATE19 |
---|
| 487 | + | TREASURER, WHO SHALL CREDIT THE AMOUNT TO THE ENERGY FUND20 |
---|
| 488 | + | CREATED IN SECTION 24-38.5-102.4 (1)(a)(I).21 |
---|
| 489 | + | SECTION 4. In Colorado Revised Statutes, 6-7.5-105, amend22 |
---|
| 490 | + | (5)(j) as follows:23 |
---|
| 491 | + | 6-7.5-105. Standards - effective dates - repeal. (5) On and after24 |
---|
| 492 | + | January 1, 2026, a person shall not sell, offer to sell, lease, or offer to25 |
---|
| 493 | + | lease any of the following new products in Colorado unless the efficiency26 |
---|
| 494 | + | of the new product meets or exceeds the following efficiency standards,27 |
---|
| 495 | + | 214 |
---|
| 496 | + | -14- as applicable:1 |
---|
| 497 | + | (j) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5)(j)(II)2 |
---|
| 498 | + | OF THIS SECTION, residential windows, residential doors, and residential3 |
---|
| 499 | + | skylights included in the scope of the Energy Star program product4 |
---|
| 500 | + | specification for residential windows, doors, and skylights must satisfy5 |
---|
| 501 | + | the northern climate zone qualification criteria of that specification;6 |
---|
| 502 | + | except that residential windows and doors that are custom designed for7 |
---|
| 503 | + | a historically designated building and required in order to maintain the8 |
---|
| 504 | + | historic nature or character of such a building are not required to satisfy9 |
---|
| 505 | + | such criteria.10 |
---|
| 506 | + | (II) THE EXECUTIVE DIRECTOR MAY CONSULT WITH THE11 |
---|
| 507 | + | COLORADO ENERGY OFFICE TO EVALUATE THE STANDARD SET FORTH IN12 |
---|
| 508 | + | SUBSECTION (5)(j)(I) OF THIS SECTION FOR RESIDENTIAL WINDOWS,13 |
---|
| 509 | + | RESIDENTIAL DOORS, AND RESIDENTIAL SKYLIGHTS. IF THE EXECUTIVE14 |
---|
| 510 | + | DIRECTOR DETERMINES THAT THE STANDARD CANNOT REASONABLY BE15 |
---|
| 511 | + | MET BY MANUFACTURERS OF RESIDENTIAL WINDOWS , RESIDENTIAL DOORS,16 |
---|
| 512 | + | AND RESIDENTIAL SKYLIGHTS. THEN THE EXECUTIVE DIRECTOR SHALL SET17 |
---|
| 513 | + | AN ALTERNATIVE STANDARD WHICH MAY BE APPLIED INSTEAD OF THE18 |
---|
| 514 | + | STANDARD SET FORTH IN SUBSECTION (5)(j)(I) OF THIS SECTION AND THE19 |
---|
| 515 | + | EXECUTIVE DIRECTOR SHALL DISPLAY THE ALTERNATIVE STANDARD ON20 |
---|
| 516 | + | THE PUBLIC WEBSITE OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH21 |
---|
| 517 | + | AND ENVIRONMENT NO LATER THAN JUNE 1, 2025. WHEN DECIDING22 |
---|
| 518 | + | WHETHER THE STANDARD SET FORTH IN SUBSECTION (5)(j)(I) OF THIS23 |
---|
| 519 | + | SECTION CAN REASONABLY BE MET, THE EXECUTIVE DIRECTOR SHALL24 |
---|
| 520 | + | TAKE INTO ACCOUNT THE FOLLOWING FACTORS :25 |
---|
| 521 | + | (A) IMPACTS ON NET CONSUMER COSTS ; AND26 |
---|
| 522 | + | (B) SUPPLY CHAIN CONSTRAINTS.27 |
---|
| 523 | + | 214 |
---|
| 524 | + | -15- SECTION 5. In Colorado Revised Statutes, 24-38.5-116, amend1 |
---|
| 525 | + | (6)(b)(II) as follows:2 |
---|
| 526 | + | 24-38.5-116. Industrial and manufacturing operations clean3 |
---|
| 527 | + | air grant program - creation - eligibility - fund created - gifts, grants,4 |
---|
| 528 | + | or donations - transfer - legislative declaration - definitions -5 |
---|
| 529 | + | reporting - repeal. (6) (b) (II) For state fiscal years 2023-24 and6 |
---|
| 530 | + | 2024-25, the office and, subject to annual appropriation, the department7 |
---|
| 531 | + | of revenue may expend money from the fund for the administration and8 |
---|
| 532 | + | implementation of the industrial clean energy tax credit created in section9 |
---|
| 533 | + | 39-22-551 and the tax credit for sustainable aviation fuel production10 |
---|
| 534 | + | facility created in section 39-22-556. The office shall keep an accounting11 |
---|
| 535 | + | of all money expended from the fund pursuant to this subsection (6)(b)(II)12 |
---|
| 536 | + | for purposes of calculating the repayment of the administrative costs13 |
---|
| 537 | + | required by section 39-29-108 (2)(e)(II) SECTION 24-38.5-120 (3).14 |
---|
| 538 | + | SECTION 6. In Colorado Revised Statutes, 24-38.5-118, amend15 |
---|
| 539 | + | (3)(b), (4)(a) introductory portion, (4)(b)(I), (7)(d), and (8)(b); repeal16 |
---|
| 540 | + | (4)(a)(I); and add (8)(d) as follows:17 |
---|
| 541 | + | 24-38.5-118. Geothermal energy grant program - creation -18 |
---|
| 542 | + | procedures - fund - report - definitions - legislative declaration -19 |
---|
| 543 | + | repeal. (3) Creation of grant program. There is hereby created within20 |
---|
| 544 | + | the office the geothermal energy grant program to provide grants to21 |
---|
| 545 | + | building owners, developers, local governments, geothermal installers,22 |
---|
| 546 | + | contractors, communities, gas or electric service public utilities, or other23 |
---|
| 547 | + | entities approved by the office for:24 |
---|
| 548 | + | (b) The installation of geothermal equipment for use as the25 |
---|
| 549 | + | primary heating or HEATING-ONLY OR COMBINED HEATING AND cooling26 |
---|
| 550 | + | systems in new construction or to retrofit existing buildings; or27 |
---|
| 551 | + | 214 |
---|
| 552 | + | -16- (4) Grants - limitations - qualifications. The grant program1 |
---|
| 553 | + | consists of three types of grants:2 |
---|
| 554 | + | (a) The single-structure geothermal grant, which is awarded to3 |
---|
| 555 | + | applicants that are constructing a new building or retrofitting an existing4 |
---|
| 556 | + | building, including a single-family or multifamily residence, and5 |
---|
| 557 | + | installing a geothermal system for use as the primary |
---|
| 558 | + | HEATING-ONLY OR6 |
---|
| 559 | + | COMBINED heating and cooling system for the building. A single-structure7 |
---|
| 560 | + | geothermal grant is subject to the following limitations and qualifications:8 |
---|
542 | | - | construction or retrofitting of no more than one hundred residential |
---|
543 | | - | buildings; |
---|
544 | | - | (b) The community district heating grant, which is awarded to |
---|
545 | | - | support ground-source, water-source, or multisource thermal systems that |
---|
546 | | - | serve more than a single building. Applicants may apply for grants for a |
---|
547 | | - | scoping study, a detailed design study, projects, or a combination of these |
---|
548 | | - | options. Teams consisting of building owners, geothermal installers, public |
---|
549 | | - | utilities, political subdivisions of Colorado, consultants, developers, or other |
---|
550 | | - | entities approved by the office are eligible to submit a proposal for a |
---|
551 | | - | scoping study or a detailed design study. To qualify for a grant for the |
---|
552 | | - | project, an applicant must successfully complete a study and show proof of |
---|
553 | | - | a viable project. A community district heating grant is subject to the |
---|
554 | | - | following limitations and qualifications: |
---|
555 | | - | (I) Up to one hundred thousand dollars per project to conduct a |
---|
556 | | - | scoping study to determine if a community thermal system would help |
---|
557 | | - | lower greenhouse gas emissions and provide a reasonable-cost approach to |
---|
558 | | - | PRIMARY HEATING-ONLY OR COMBINED heating and cooling a group of |
---|
559 | | - | buildings; |
---|
560 | | - | (7) Fund. (d) For state fiscal years 2023-24 and 2024-25, the office |
---|
561 | | - | and, subject to annual appropriation, the department of revenue may expend |
---|
562 | | - | money in the fund for the administration and implementation of the tax |
---|
563 | | - | credit for expenditures made in connection with a geothermal energy project |
---|
564 | | - | PAGE 12-SENATE BILL 24-214 created in section 39-22-552, the geothermal electricity generation |
---|
565 | | - | production tax credit created in section 39-22-553, and the heat pump |
---|
566 | | - | technology and thermal energy network tax credit created in section |
---|
567 | | - | 39-22-554. The office shall keep an accounting of all money expended from |
---|
568 | | - | the fund pursuant to this subsection (7)(d) for purposes of calculating the |
---|
569 | | - | repayment of the administrative costs required by section 39-29-108 |
---|
570 | | - | (2)(e)(II) SECTION 24-38.5-120 (3). |
---|
571 | | - | (8) (b) The office shall award grants from the fund in accordance |
---|
572 | | - | with the following parameters: THE OFFICE SHALL AWARD AT LEAST |
---|
573 | | - | TWENTY |
---|
574 | | - | -FIVE PERCENT OF THE GRANT MONEY AWARDED FOR |
---|
575 | | - | SINGLE |
---|
576 | | - | -STRUCTURE GEOTHERMAL GRANTS TO ELIGIBLE ENTITIES FROM OR |
---|
577 | | - | PROJECTS IN LOW |
---|
578 | | - | -INCOME, DISPROPORTIONATELY IMPACTED , OR JUST |
---|
579 | | - | TRANSITION COMMUNITIES |
---|
580 | | - | . |
---|
581 | | - | (I) Up to forty percent of the total money in the fund may be |
---|
582 | | - | awarded through grants to support the development of geothermal |
---|
583 | | - | electricity generation and resource development, which may include |
---|
584 | | - | hydrogen generation produced from geothermal energy; |
---|
585 | | - | (II) Up to eighty percent of the total money in the fund may be |
---|
586 | | - | awarded as single-structure geothermal grants, and one-fourth of the grant |
---|
587 | | - | money awarded under this subsection (8)(b)(II) must be awarded to eligible |
---|
588 | | - | entities from or projects in low-income, disproportionately impacted, or just |
---|
589 | | - | transition communities, as those communities are defined by the office; and |
---|
590 | | - | (III) Up to twenty-five percent of the total money in the fund may |
---|
591 | | - | be awarded as community district heating grants, which may include: |
---|
592 | | - | (A) Single-owner campuses; |
---|
593 | | - | (B) Medical campuses; |
---|
594 | | - | (C) Residential campuses; |
---|
595 | | - | (D) Multi-owner nodes; and |
---|
596 | | - | (E) Public or private college or university campuses. |
---|
597 | | - | (d) THE OFFICE MAY USE GRANT PROGRAM MONEY TO SUPPORT |
---|
598 | | - | EDUCATION |
---|
599 | | - | , OUTREACH, AND ENGAGEMENT WITH THE GENERAL PUBLIC AND |
---|
600 | | - | PAGE 13-SENATE BILL 24-214 RELEVANT STAKEHOLDERS TO FACILITATE THE GROWTH OF THE |
---|
601 | | - | GEOTHERMAL SECTOR IN |
---|
602 | | - | COLORADO. |
---|
603 | | - | SECTION 7. In Colorado Revised Statutes, 24-38.5-120, amend |
---|
604 | | - | (3) and (4) as follows: |
---|
605 | | - | 24-38.5-120. Decarbonization tax credits administration cash |
---|
606 | | - | fund - definitions - repeal. (3) (a) Subject to annual appropriation by the |
---|
607 | | - | general assembly, for state fiscal years 2023-24 through 2034-35, the office |
---|
608 | | - | and the department may expend money from the fund for direct and indirect |
---|
609 | | - | costs associated with the implementation and administration of the |
---|
610 | | - | decarbonization tax credits. |
---|
| 562 | + | 9 |
---|
| 563 | + | construction or retrofitting of no more than one hundred residential10 |
---|
| 564 | + | buildings;11 |
---|
| 565 | + | (b) The community district heating grant, which is awarded to12 |
---|
| 566 | + | support ground-source, water-source, or multisource thermal systems that13 |
---|
| 567 | + | serve more than a single building. Applicants may apply for grants for a14 |
---|
| 568 | + | scoping study, a detailed design study, projects, or a combination of these15 |
---|
| 569 | + | options. Teams consisting of building owners, geothermal installers,16 |
---|
| 570 | + | public utilities, political subdivisions of Colorado, consultants,17 |
---|
| 571 | + | developers, or other entities approved by the office are eligible to submit18 |
---|
| 572 | + | a proposal for a scoping study or a detailed design study. To qualify for19 |
---|
| 573 | + | a grant for the project, an applicant must successfully complete a study20 |
---|
| 574 | + | and show proof of a viable project. A community district heating grant is21 |
---|
| 575 | + | subject to the following limitations and qualifications:22 |
---|
| 576 | + | (I) Up to one hundred thousand dollars per project to conduct a23 |
---|
| 577 | + | scoping study to determine if a community thermal system would help24 |
---|
| 578 | + | lower greenhouse gas emissions and provide a reasonable-cost approach25 |
---|
| 579 | + | to |
---|
| 580 | + | PRIMARY HEATING-ONLY OR COMBINED heating and cooling a group of26 |
---|
| 581 | + | buildings;27 |
---|
| 582 | + | 214 |
---|
| 583 | + | -17- (7) Fund. (d) For state fiscal years 2023-24 and 2024-25, the1 |
---|
| 584 | + | office and, subject to annual appropriation, the department of revenue2 |
---|
| 585 | + | may expend money in the fund for the administration and implementation3 |
---|
| 586 | + | of the tax credit for expenditures made in connection with a geothermal4 |
---|
| 587 | + | energy project created in section 39-22-552, the geothermal electricity5 |
---|
| 588 | + | generation production tax credit created in section 39-22-553, and the6 |
---|
| 589 | + | heat pump technology and thermal energy network tax credit created in7 |
---|
| 590 | + | section 39-22-554. The office shall keep an accounting of all money8 |
---|
| 591 | + | expended from the fund pursuant to this subsection (7)(d) for purposes of9 |
---|
| 592 | + | calculating the repayment of the administrative costs required by section10 |
---|
| 593 | + | 39-29-108 (2)(e)(II) SECTION 24-38.5-120 (3).11 |
---|
| 594 | + | (8) (b) The office shall award grants from the fund in accordance12 |
---|
| 595 | + | with the following parameters: THE OFFICE SHALL AWARD AT LEAST13 |
---|
| 596 | + | TWENTY-FIVE PERCENT OF THE GRANT MONEY AWARDED FOR14 |
---|
| 597 | + | SINGLE-STRUCTURE GEOTHERMAL GRANTS TO ELIGIBLE ENTITIES FROM OR15 |
---|
| 598 | + | PROJECTS IN LOW-INCOME, DISPROPORTIONATELY IMPACTED , OR JUST16 |
---|
| 599 | + | TRANSITION COMMUNITIES. 17 |
---|
| 600 | + | (I) Up to forty percent of the total money in the fund may be18 |
---|
| 601 | + | awarded through grants to support the development of geothermal19 |
---|
| 602 | + | electricity generation and resource development, which may include20 |
---|
| 603 | + | hydrogen generation produced from geothermal energy;21 |
---|
| 604 | + | (II) Up to eighty percent of the total money in the fund may be22 |
---|
| 605 | + | awarded as single-structure geothermal grants, and one-fourth of the grant23 |
---|
| 606 | + | money awarded under this subsection (8)(b)(II) must be awarded to24 |
---|
| 607 | + | eligible entities from or projects in low-income, disproportionately25 |
---|
| 608 | + | impacted, or just transition communities, as those communities are26 |
---|
| 609 | + | defined by the office; and27 |
---|
| 610 | + | 214 |
---|
| 611 | + | -18- (III) Up to twenty-five percent of the total money in the fund may1 |
---|
| 612 | + | be awarded as community district heating grants, which may include:2 |
---|
| 613 | + | (A) Single-owner campuses;3 |
---|
| 614 | + | (B) Medical campuses;4 |
---|
| 615 | + | (C) Residential campuses;5 |
---|
| 616 | + | (D) Multi-owner nodes; and6 |
---|
| 617 | + | (E) Public or private college or university campuses.7 |
---|
| 618 | + | (d) T |
---|
| 619 | + | HE OFFICE MAY USE GRANT PROGRAM MONEY TO SUPPORT8 |
---|
| 620 | + | EDUCATION, OUTREACH, AND ENGAGEMENT WITH THE GENERAL PUBLIC9 |
---|
| 621 | + | AND RELEVANT STAKEHOLDERS TO FACILITATE THE GROWTH OF THE10 |
---|
| 622 | + | GEOTHERMAL SECTOR IN COLORADO.11 |
---|
| 623 | + | SECTION |
---|
| 624 | + | 7. In Colorado Revised Statutes, 24-38.5-120, amend12 |
---|
| 625 | + | (3) and (4) as follows:13 |
---|
| 626 | + | 24-38.5-120. Decarbonization tax credits administration cash14 |
---|
| 627 | + | fund - definitions - repeal. (3) (a) Subject to annual appropriation by the15 |
---|
| 628 | + | general assembly, for state fiscal years 2023-24 through 2034-35, the16 |
---|
| 629 | + | office and the department may expend money from the fund for direct and17 |
---|
| 630 | + | indirect costs associated with the implementation and administration of18 |
---|
| 631 | + | the decarbonization tax credits.19 |
---|
738 | | - | cooking |
---|
739 | | - | in multiple residential or commercial buildings located in close proximity, |
---|
740 | | - | OR FOR OTHER ELECTRIC EQUIPMENT AS DETERMINED BY THE COLORADO |
---|
741 | | - | ENERGY OFFICE |
---|
742 | | - | ; |
---|
743 | | - | SECTION 11. In Colorado Revised Statutes, 24-38.5-506, amend |
---|
744 | | - | (2)(b) as follows: |
---|
745 | | - | 24-38.5-506. Community access to electric bicycles cash fund - |
---|
746 | | - | creation - gifts, grants, or donations - transfer. (2) (b) For state fiscal |
---|
747 | | - | years 2023-24 and 2024-25, the office and, subject to annual appropriation, |
---|
748 | | - | the department of revenue may expend money in the fund for the |
---|
749 | | - | administration and implementation of the electric bicycle tax credit created |
---|
750 | | - | in section 39-22-555. The office shall keep an accounting of all money |
---|
751 | | - | expended from the fund pursuant to this subsection (2)(b) for purposes of |
---|
752 | | - | calculating the repayment of the administrative costs required by section |
---|
753 | | - | 39-29-108(2)(e)(II) SECTION 24-38.5-120 (3). |
---|
754 | | - | SECTION 12. In Colorado Revised Statutes, 25-7-1405, amend |
---|
755 | | - | (2)(b) as follows: |
---|
756 | | - | 25-7-1405. Electrifying school buses grant program cash fund |
---|
757 | | - | - creation - gifts, grants, and donations - transfer. (2) (b) For state fiscal |
---|
758 | | - | years 2023-24 and 2024-25, and subject to annual appropriation, the |
---|
759 | | - | Colorado energy office, created in section 24-38.5-101, and the department |
---|
760 | | - | of revenue may expend money from the fund for the administration and |
---|
761 | | - | implementation of the innovative motor vehicles and innovative trucks tax |
---|
762 | | - | credits created in sections 39-22-516.7 and 39-22-516.8 and for the specific |
---|
763 | | - | ownership tax rate reduction for electric medium-duty and heavy-duty |
---|
764 | | - | trucks that are part of a fleet as set forth in section 42-3-107(1)(a)(IV). The |
---|
765 | | - | office shall keep an accounting of all money expended from the fund |
---|
766 | | - | PAGE 17-SENATE BILL 24-214 pursuant to this subsection (2)(b) for purposes of calculating the repayment |
---|
767 | | - | of the administrative costs required by section 39-29-108(2)(e)(II) SECTION |
---|
768 | | - | 24-38.5-120 (3). |
---|
769 | | - | SECTION 13. In Colorado Revised Statutes, add part 16 to article |
---|
770 | | - | 7 of title 25 as follows: |
---|
771 | | - | PART 16 |
---|
772 | | - | AFFORDABLE APPLIANCES FOR A HEALTHY COMMUNITY |
---|
773 | | - | 25-7-1601. Legislative declaration. (1) T |
---|
774 | | - | HE GENERAL ASSEMBLY |
---|
775 | | - | FINDS AND DETERMINES THAT |
---|
776 | | - | : |
---|
777 | | - | (a) R |
---|
778 | | - | ISING TEMPERATURES ARE INCREASING THE DEMAND FOR AIR |
---|
779 | | - | CONDITIONERS |
---|
780 | | - | ; |
---|
781 | | - | (b) C |
---|
782 | | - | OMMON TYPES OF AIR CONDITIONERS CAN ALSO PROVIDE |
---|
783 | | - | WINTER HEATING IF THEY ARE CONFIGURED AS HEAT PUMPS |
---|
784 | | - | , WHICH ARE A |
---|
785 | | - | MORE ENVIRONMENTALLY FRIENDLY OPTION THAN OTHER TYPES OF |
---|
786 | | - | HEATING |
---|
787 | | - | , VENTILATION, AND AIR CONDITIONING SYSTEMS; |
---|
788 | | - | (c) T |
---|
789 | | - | HE "INFLATION REDUCTION ACT OF 2022", THE STATE, AND |
---|
790 | | - | UTILITIES ARE OPENING UP OPPORTUNITIES TO MAKE THIS TECHNOLOGY LESS |
---|
791 | | - | EXPENSIVE THAN COOLING |
---|
792 | | - | -ONLY SYSTEMS; AND |
---|
793 | | - | (d) COLORADO SHOULD BE PREPARED TO TAKE ADVANTAGE OF NEW |
---|
794 | | - | OPPORTUNITIES TO THE MAXIMUM EXTENT TO CREATE A MORE AFFORDABLE |
---|
795 | | - | AND ENVIRONMENTALLY FRIENDLY HOUSING MARKET AND HEATING |
---|
796 | | - | , |
---|
797 | | - | VENTILATION, AND AIR CONDITIONING INDUSTRY. |
---|
798 | | - | (2) T |
---|
799 | | - | HE GENERAL ASSEMBLY , THEREFORE, DETERMINES AND |
---|
800 | | - | DECLARES THAT IT IS IN THE PUBLIC INTEREST FOR THE HEALTH AND |
---|
801 | | - | ENVIRONMENT OF THE STATE TO REQUIRE THAT THE |
---|
802 | | - | COLORADO ENERGY |
---|
803 | | - | OFFICE CONDUCT A STUDY OF THE TECHNICAL VIABILITY |
---|
804 | | - | , ECONOMIC |
---|
805 | | - | CONDITIONS |
---|
806 | | - | , AND WORKFORCE READINESS OF STANDARDS FOR CONFIGURING |
---|
807 | | - | NEW RESIDENTIAL AIR CONDITIONERS AS HEAT PUMPS |
---|
808 | | - | . |
---|
809 | | - | 25-7-1602. Definitions. A |
---|
810 | | - | S USED IN THIS PART 16, UNLESS THE |
---|
811 | | - | CONTEXT OTHERWISE REQUIRES |
---|
812 | | - | : |
---|
813 | | - | (1) "A |
---|
814 | | - | IR CONDITIONER" MEANS AN ELECTRICALLY POWERED |
---|
815 | | - | PAGE 18-SENATE BILL 24-214 MECHANICAL DEVICE THAT USES THE REFRIGERATION CYCLE TO COOL AN |
---|
816 | | - | INTERIOR HABITABLE SPACE |
---|
817 | | - | . |
---|
818 | | - | (2) "A |
---|
819 | | - | PPLICABLE AIR CONDITIONER" MEANS AN AIR CONDITIONER |
---|
820 | | - | THAT IS |
---|
821 | | - | : |
---|
822 | | - | (a) N |
---|
823 | | - | EW; |
---|
824 | | - | (b) P |
---|
825 | | - | OWERED BY A SINGLE-PHASE CURRENT; |
---|
826 | | - | (c) D |
---|
827 | | - | ESIGNED AND INTENDED FOR RESIDENTIAL USE ; |
---|
828 | | - | (d) D |
---|
829 | | - | ESIGNED AND INTENDED FOR PERMANENT INSTALLATION ; AND |
---|
830 | | - | (e) NOT DESIGNED OR INTENDED TO BE WINDOW MOUNTED . |
---|
831 | | - | (3) "H |
---|
832 | | - | EAT PUMP" MEANS AN ELECTRICALLY POWERED MECHANICAL |
---|
833 | | - | DEVICE THAT USES THE REFRIGERATION CYCLE TO TRANSFER THERMAL |
---|
834 | | - | ENERGY FROM ONE LOCATION TO ANOTHER |
---|
835 | | - | . |
---|
836 | | - | (4) "HVAC" |
---|
837 | | - | MEANS A HEATING , VENTILATION, AND AIR |
---|
838 | | - | CONDITIONING SYSTEM |
---|
839 | | - | . |
---|
840 | | - | (5) "O |
---|
841 | | - | FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN |
---|
| 752 | + | cooking13 |
---|
| 753 | + | in multiple residential or commercial buildings located in close proximity,14 |
---|
| 754 | + | OR FOR OTHER ELECTRIC EQUIPMENT AS DETERMINED BY THE COLORADO15 |
---|
| 755 | + | ENERGY OFFICE;16 |
---|
| 756 | + | SECTION 11. In Colorado Revised Statutes, 24-38.5-506,17 |
---|
| 757 | + | amend (2)(b) as follows:18 |
---|
| 758 | + | 24-38.5-506. Community access to electric bicycles cash fund19 |
---|
| 759 | + | - creation - gifts, grants, or donations - transfer. (2) (b) For state fiscal20 |
---|
| 760 | + | years 2023-24 and 2024-25, the office and, subject to annual21 |
---|
| 761 | + | appropriation, the department of revenue may expend money in the fund22 |
---|
| 762 | + | for the administration and implementation of the electric bicycle tax23 |
---|
| 763 | + | credit created in section 39-22-555. The office shall keep an accounting24 |
---|
| 764 | + | of all money expended from the fund pursuant to this subsection (2)(b)25 |
---|
| 765 | + | for purposes of calculating the repayment of the administrative costs26 |
---|
| 766 | + | required by section 39-29-108(2)(e)(II) SECTION 24-38.5-120 (3).27 |
---|
| 767 | + | 214 |
---|
| 768 | + | -23- SECTION 12. In Colorado Revised Statutes, 25-7-1405, amend1 |
---|
| 769 | + | (2)(b) as follows:2 |
---|
| 770 | + | 25-7-1405. Electrifying school buses grant program cash fund3 |
---|
| 771 | + | - creation - gifts, grants, and donations - transfer. (2) (b) For state4 |
---|
| 772 | + | fiscal years 2023-24 and 2024-25, and subject to annual appropriation, the5 |
---|
| 773 | + | Colorado energy office, created in section 24-38.5-101, and the6 |
---|
| 774 | + | department of revenue may expend money from the fund for the7 |
---|
| 775 | + | administration and implementation of the innovative motor vehicles and8 |
---|
| 776 | + | innovative trucks tax credits created in sections 39-22-516.7 and9 |
---|
| 777 | + | 39-22-516.8 and for the specific ownership tax rate reduction for electric10 |
---|
| 778 | + | medium-duty and heavy-duty trucks that are part of a fleet as set forth in11 |
---|
| 779 | + | section 42-3-107(1)(a)(IV). The office shall keep an accounting of all12 |
---|
| 780 | + | money expended from the fund pursuant to this subsection (2)(b) for13 |
---|
| 781 | + | purposes of calculating the repayment of the administrative costs required14 |
---|
| 782 | + | by section 39-29-108(2)(e)(II) SECTION 24-38.5-120 (3).15 |
---|
| 783 | + | SECTION 13. In Colorado Revised Statutes, add part 16 to16 |
---|
| 784 | + | article 7 of title 25 as follows:17 |
---|
| 785 | + | PART 1618 |
---|
| 786 | + | AFFORDABLE APPLIANCES FOR A HEALTHY COMMUNITY19 |
---|
| 787 | + | 25-7-1601. Legislative declaration. (1) THE GENERAL ASSEMBLY20 |
---|
| 788 | + | FINDS AND DETERMINES THAT:21 |
---|
| 789 | + | (a) RISING TEMPERATURES ARE INCREASING THE DEMAND FOR AIR22 |
---|
| 790 | + | CONDITIONERS;23 |
---|
| 791 | + | (b) COMMON TYPES OF AIR CONDITIONERS CAN ALSO PROVIDE24 |
---|
| 792 | + | WINTER HEATING IF THEY ARE CONFIGURED AS HEAT PUMPS , WHICH ARE25 |
---|
| 793 | + | A MORE ENVIRONMENTALLY FRIENDLY OPTION THAN OTHER TYPES OF26 |
---|
| 794 | + | HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS;27 |
---|
| 795 | + | 214 |
---|
| 796 | + | -24- (c) THE "INFLATION REDUCTION ACT OF 2022", THE STATE, AND1 |
---|
| 797 | + | UTILITIES ARE OPENING UP OPPORTUNITIES TO MAKE THIS TECHNOLOGY2 |
---|
| 798 | + | LESS EXPENSIVE THAN COOLING-ONLY SYSTEMS; AND3 |
---|
| 799 | + | (d) COLORADO SHOULD BE PREPARED TO TAKE ADVANTAGE OF4 |
---|
| 800 | + | NEW OPPORTUNITIES TO THE MAXIMUM EXTENT TO CREATE A MORE5 |
---|
| 801 | + | AFFORDABLE AND ENVIRONMENTALLY FRIENDLY HOUSING MARKET AND6 |
---|
| 802 | + | HEATING, VENTILATION, AND AIR CONDITIONING INDUSTRY.7 |
---|
| 803 | + | (2) THE GENERAL ASSEMBLY , THEREFORE, DETERMINES AND8 |
---|
| 804 | + | DECLARES THAT IT IS IN THE PUBLIC INTEREST FOR THE HEALTH AND9 |
---|
| 805 | + | ENVIRONMENT OF THE STATE TO REQUIRE THAT THE COLORADO ENERGY10 |
---|
| 806 | + | OFFICE CONDUCT A STUDY OF THE TECHNICAL VIABILITY , ECONOMIC11 |
---|
| 807 | + | CONDITIONS, AND WORKFORCE READINESS OF STANDARDS FOR12 |
---|
| 808 | + | CONFIGURING NEW RESIDENTIAL AIR CONDITIONERS AS HEAT PUMPS .13 |
---|
| 809 | + | 25-7-1602. Definitions. AS USED IN THIS PART 16, UNLESS THE14 |
---|
| 810 | + | CONTEXT OTHERWISE REQUIRES :15 |
---|
| 811 | + | (1) "AIR CONDITIONER" MEANS AN ELECTRICALLY POWERED16 |
---|
| 812 | + | MECHANICAL DEVICE THAT USES THE REFRIGERATION CYCLE TO COOL AN17 |
---|
| 813 | + | INTERIOR HABITABLE SPACE.18 |
---|
| 814 | + | (2) "APPLICABLE AIR CONDITIONER" MEANS AN AIR CONDITIONER19 |
---|
| 815 | + | THAT IS:20 |
---|
| 816 | + | (a) NEW;21 |
---|
| 817 | + | (b) POWERED BY A SINGLE-PHASE CURRENT;22 |
---|
| 818 | + | (c) DESIGNED AND INTENDED FOR RESIDENTIAL USE ;23 |
---|
| 819 | + | (d) DESIGNED AND INTENDED FOR PERMANENT INSTALLATION ; AND24 |
---|
| 820 | + | (e) NOT DESIGNED OR INTENDED TO BE WINDOW MOUNTED .25 |
---|
| 821 | + | (3) "HEAT PUMP" MEANS AN ELECTRICALLY POWERED26 |
---|
| 822 | + | MECHANICAL DEVICE THAT USES THE REFRIGERATION CYCLE TO TRANSFER27 |
---|
| 823 | + | 214 |
---|
| 824 | + | -25- THERMAL ENERGY FROM ONE LOCATION TO ANOTHER .1 |
---|
| 825 | + | (4) "HVAC" MEANS A HEATING, VENTILATION, AND AIR2 |
---|
| 826 | + | CONDITIONING SYSTEM.3 |
---|
| 827 | + | (5) "OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN4 |
---|
| 828 | + | SECTION 24-38.5-101 (1).5 |
---|
| 829 | + | (6) "RESIDENTIAL" MEANS ONE- AND TWO-FAMILY DWELLINGS6 |
---|
| 830 | + | AND TOWNHOUSES, AS DEFINED IN THE MOST RECENT EDITION OF THE7 |
---|
| 831 | + | INTERNATIONAL RESIDENTIAL CODE.8 |
---|
| 832 | + | 25-7-1603. Colorado energy office - study - accelerated9 |
---|
| 833 | + | adoption of heat pump technology. (1) ON OR BEFORE AUGUST 1, 2024,10 |
---|
| 834 | + | THE OFFICE SHALL COMMENCE A STUDY WITH TARGETED STAKEHOLDER11 |
---|
| 835 | + | INPUT TO EXPLORE HOW TO ACCELERATE ADOPTION OF HEAT PUMP12 |
---|
| 836 | + | TECHNOLOGY IN COLORADO THROUGH A TECHNICAL STANDARD FOR13 |
---|
| 837 | + | APPLICABLE AIR CONDITIONERS.14 |
---|
| 838 | + | (2) IN CONDUCTING THE STUDY, THE OFFICE SHALL:15 |
---|
| 839 | + | (a) FOCUS ON A STATEWIDE POINT-OF-SALE STANDARD ON NEW16 |
---|
| 840 | + | AND REPLACEMENT AIR CONDITIONERS ;17 |
---|
| 841 | + | (b) CONSIDER EQUIPMENT PERFORMANCE IN DIFFERENT CLIMATE18 |
---|
| 842 | + | ZONES AND CONDITIONS;19 |
---|
| 843 | + | (c) CONSULT WITH STAKEHOLDERS FROM MANUFACTURERS ,20 |
---|
| 844 | + | DISTRIBUTORS, CONTRACTORS, HEAT PUMP EXPERTS, GREEN BUILDERS,21 |
---|
| 845 | + | ENVIRONMENTAL JUSTICE GROUPS, AND UTILITIES SERVING RETAIL22 |
---|
| 846 | + | CUSTOMERS;23 |
---|
| 847 | + | (d) USE DATA AND FINDINGS FROM RECENT PUBLIC UTILITY24 |
---|
| 848 | + | PROCEEDINGS TO ACCELERATE DATA COLLECTION FOR THE STUDY ;25 |
---|
| 849 | + | (e) DETERMINE THE REQUIREMENTS FOR SUCCESSFUL26 |
---|
| 850 | + | IMPLEMENTATION OF A STATEWIDE POINT -OF-SALE STANDARD; AND27 |
---|
| 851 | + | 214 |
---|
| 852 | + | -26- (f) MAKE RECOMMENDATIONS ON HOW THE STATE CAN ADDRESS1 |
---|
| 853 | + | ANY ASSOCIATED NEEDS OR GAPS BEFORE A STATEWIDE POINT-OF-SALE2 |
---|
| 854 | + | STANDARD TAKES EFFECT.3 |
---|
| 855 | + | (3) IN CONDUCTING THE STUDY , THE OFFICE SHALL ASSESS AND4 |
---|
| 856 | + | DETERMINE:5 |
---|
| 857 | + | (a) UP-FRONT COST GAPS AND ONGOING COSTS AND COST SAVINGS6 |
---|
| 858 | + | FOR RESIDENTIAL HOMES FROM IMPLEMENTATION OF A STATEWIDE7 |
---|
| 859 | + | POINT-OF-SALE STANDARD;8 |
---|
| 860 | + | (b) WHETHER AND WHERE FEDERAL, STATE, LOCAL, AND UTILITY9 |
---|
| 861 | + | INCENTIVES CAN COVER ANY IDENTIFIED COST GAPS, AND MAKE10 |
---|
| 862 | + | RECOMMENDATIONS FOR WHAT, IF ANY, NEW INCENTIVES MAY BE NEEDED11 |
---|
| 863 | + | FOR INCOME-QUALIFIED HOUSEHOLDS;12 |
---|
| 864 | + | (c) ANY TECHNICAL LIMITATIONS, AND POTENTIAL REMEDIES FOR13 |
---|
| 865 | + | THOSE LIMITATIONS, FOR A STATEWIDE POINT-OF-SALE STANDARD;14 |
---|
| 866 | + | (d) SYSTEM CONFIGURATION OPTIONS FOR COLD-TEMPERATURE15 |
---|
| 867 | + | PERFORMANCE;16 |
---|
| 868 | + | (e) NECESSARY CUSTOMER INFORMATION REGARDING17 |
---|
| 869 | + | COLD-TEMPERATURE PERFORMANCE ;18 |
---|
| 870 | + | (f) WHAT, IF ANY, EXCEPTIONS OR EXEMPTIONS MAY BE19 |
---|
| 871 | + | NECESSARY FOR A STATEWIDE POINT-OF-SALE STANDARD AND HOW SUCH20 |
---|
| 872 | + | EXCEPTIONS OR EXEMPTIONS COULD BE ADMINISTERED ;21 |
---|
| 873 | + | (g) POTENTIAL IMPROVEMENTS TO THE STATE INCOME TAX CREDIT22 |
---|
| 874 | + | CREATED IN SECTION 39-22-554;23 |
---|
| 875 | + | (h) SUPPLY CHAIN STATUS;24 |
---|
| 876 | + | (i) CONTRACTOR TRAINING NEEDS ; AND25 |
---|
| 877 | + | (j) QUALITY ASSURANCE MEASURES .26 |
---|
| 878 | + | (4) THE OFFICE SHALL DELIVER THE STUDY RESULTS TO THE27 |
---|
| 879 | + | 214 |
---|
| 880 | + | -27- CHAIRS OF THE TRANSPORTATION AND ENERGY COMMITTEE OF THE1 |
---|
| 881 | + | SENATE AND THE ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE2 |
---|
| 882 | + | OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, ACCORDING TO3 |
---|
| 883 | + | THE FOLLOWING SCHEDULE :4 |
---|
| 884 | + | (a) ON OR BEFORE JANUARY 1, 2025, THE OFFICE SHALL DELIVER5 |
---|
| 885 | + | A PROGRESS REPORT;6 |
---|
| 886 | + | (b) ON OR BEFORE MARCH 1, 2025, THE OFFICE SHALL DELIVER7 |
---|
| 887 | + | INTERIM RESULTS AND LEGISLATIVE RECOMMENDATIONS ; AND8 |
---|
| 888 | + | (c) ON OR BEFORE JUNE 1, 2025, THE OFFICE SHALL DELIVER THE9 |
---|
| 889 | + | FINAL STUDY AND FINAL LEGISLATIVE RECOMMENDATIONS .10 |
---|
| 890 | + | 25-7-1604. Repeal of part. THIS PART 16 IS REPEALED, EFFECTIVE11 |
---|
| 891 | + | JULY 1, 2030.12 |
---|
| 892 | + | SECTION 14. In Colorado Revised Statutes, 32-9-119.8, amend13 |
---|
| 893 | + | (3) as follows:14 |
---|
| 894 | + | 32-9-119.8. Provision of retail and commercial goods and15 |
---|
| 895 | + | services at district transfer facilities - residential and other uses at16 |
---|
| 896 | + | district transfer facilities permitted - definitions. (3) Any person17 |
---|
| 897 | + | obtaining the use of any portion of a transfer facility for the provision of18 |
---|
| 898 | + | retail or commercial goods or services or for the provision of residential19 |
---|
| 899 | + | uses or other uses shall be required to compensate the district by payment20 |
---|
| 900 | + | of rent at fair market value, or, at the discretion of the district, by the21 |
---|
| 901 | + | provision of services or capital improvements to facilities used in transit22 |
---|
| 902 | + | services, alone or in combination with rental payments. such that the total23 |
---|
| 903 | + | benefit to the district is not less than the fair market rental value of the24 |
---|
| 904 | + | property used by the person.25 |
---|
| 905 | + | SECTION 15. In Colorado Revised Statutes, 39-22-551, amend26 |
---|
| 906 | + | (2)(e) introductory portion, (2)(i), (2)(j), (3)(a)(II), and (3)(c) as follows:27 |
---|
| 907 | + | 214 |
---|
| 908 | + | -28- 39-22-551. Industrial clean energy tax credit - tax preference1 |
---|
| 909 | + | performance statement - definitions - report - repeal. (2) Definitions.2 |
---|
| 910 | + | As used in this section, unless the context otherwise requires:3 |
---|
| 911 | + | (e) "Greenhouse gas emissions reduction improvements" means4 |
---|
| 912 | + | improvements that help to measurably reduce greenhouse gas emissions.5 |
---|
| 913 | + | "Greenhouse gas emissions reduction improvements" also means MAY6 |
---|
| 914 | + | INCLUDE one or more of the following equipment purchases,7 |
---|
| 915 | + | improvements, and retrofits:8 |
---|
| 916 | + | (i) "Industrial study" means an energy and emissions audit, a9 |
---|
| 917 | + | feasibility study, |
---|
| 918 | + | A PRE-FRONT-END or front-end engineering design study10 |
---|
| 919 | + | that meets or exceeds the standards established by the office, |
---|
| 920 | + | OR ANY11 |
---|
| 921 | + | OTHER INDUSTRIAL STUDIES AS OUTLINED IN PROGRAM ST ANDARDS12 |
---|
| 922 | + | ADOPTED BY THE OFFICE.13 |
---|
| 923 | + | (j) "Owner" means a person |
---|
| 924 | + | OR DEVELOPER OF A PROJECT TO BE14 |
---|
| 925 | + | IMPLEMENTED AT A QUALIFIED INDUSTRIAL FACILITY subject to tax under15 |
---|
| 926 | + | this article 22 who applies for and claims the credit allowed by this16 |
---|
| 927 | + | section.17 |
---|
| 928 | + | (3) Availability of credit and amount. (a) For income tax years18 |
---|
| 929 | + | commencing on or after January 1, 2024, but prior to January 1, 2033,19 |
---|
| 930 | + | there shall be allowed a credit with respect to the income taxes imposed20 |
---|
| 931 | + | pursuant to this article 22 to the owner of a qualified industrial facility in21 |
---|
| 932 | + | an amount equal to:22 |
---|
| 933 | + | (II) The applicable percentage of the capital costs paid by the23 |
---|
| 934 | + | owner, not including the cost for design, and approved by the office for24 |
---|
| 935 | + | certified greenhouse gas emissions reduction improvements that are25 |
---|
| 936 | + | placed in service during the tax year in which the credit is claimed; except26 |
---|
| 937 | + | that the credit must be claimed in an amount that is not less than27 |
---|
| 938 | + | 214 |
---|
| 939 | + | -29- seventy-five thousand dollars and does not exceed five EIGHT million1 |
---|
| 940 | + | dollars.2 |
---|
| 941 | + | (c) An owner that claims the credit allowed by this section cannot,3 |
---|
| 942 | + | claim the credit allowed by section 39-30-104 with respect to the4 |
---|
| 943 | + | greenhouse gas emissions reduction improvements or receive grant5 |
---|
| 944 | + | money under the industrial and manufacturing operations clean air grant6 |
---|
| 945 | + | program created in section 24-38.5-116 (3)(a) FOR THE SAME7 |
---|
| 946 | + | GREENHOUSE GAS EMISSION REDUCTION IMPROVEMENTS :8 |
---|
| 947 | + | (I) C |
---|
| 948 | + | LAIM THE CREDIT ALLOWED BY SECTION 39-30-104; OR 9 |
---|
| 949 | + | (II) R |
---|
| 950 | + | ECEIVE GRANT MONEY UNDER THE I NDUSTRIAL AND10 |
---|
| 951 | + | MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN11 |
---|
| 952 | + | SECTION 24-38.5-116 (3)(a).12 |
---|
843 | | - | 24-38.5-101 (1). |
---|
844 | | - | (6) "R |
---|
845 | | - | ESIDENTIAL" MEANS ONE- AND TWO-FAMILY DWELLINGS AND |
---|
846 | | - | TOWNHOUSES |
---|
847 | | - | , AS DEFINED IN THE MOST RECENT EDITION OF THE |
---|
848 | | - | INTERNATIONAL RESIDENTIAL CODE. |
---|
849 | | - | 25-7-1603. Colorado energy office - study - accelerated adoption |
---|
850 | | - | of heat pump technology. (1) O |
---|
851 | | - | N OR BEFORE AUGUST 1, 2024, THE OFFICE |
---|
852 | | - | SHALL COMMENCE A STUDY WITH TARGETED STAKEHOLDER INPUT TO |
---|
853 | | - | EXPLORE HOW TO ACCELERATE ADOPTION OF HEAT PUMP TECHNOLOGY IN |
---|
854 | | - | COLORADO THROUGH A TECHNICAL STANDARD FOR APPLICABLE AIR |
---|
855 | | - | CONDITIONERS |
---|
856 | | - | . |
---|
857 | | - | (2) I |
---|
858 | | - | N CONDUCTING THE STUDY, THE OFFICE SHALL: |
---|
859 | | - | (a) F |
---|
860 | | - | OCUS ON A STATEWIDE POINT-OF-SALE STANDARD ON NEW AND |
---|
861 | | - | PAGE 19-SENATE BILL 24-214 REPLACEMENT AIR CONDITIONERS ; |
---|
862 | | - | (b) C |
---|
863 | | - | ONSIDER EQUIPMENT PERFORMANCE IN DIFFERENT CLIMATE |
---|
864 | | - | ZONES AND CONDITIONS |
---|
865 | | - | ; |
---|
866 | | - | (c) C |
---|
867 | | - | ONSULT WITH STAKEHOLDERS FROM MANUFACTURERS , |
---|
868 | | - | DISTRIBUTORS, CONTRACTORS, HEAT PUMP EXPERTS, GREEN BUILDERS, |
---|
869 | | - | ENVIRONMENTAL JUSTICE GROUPS , AND UTILITIES SERVING RETAIL |
---|
870 | | - | CUSTOMERS |
---|
871 | | - | ; |
---|
872 | | - | (d) U |
---|
873 | | - | SE DATA AND FINDINGS FROM RECENT PUBLIC UTILITY |
---|
874 | | - | PROCEEDINGS TO ACCELERATE DATA COLLECTION FOR THE STUDY |
---|
875 | | - | ; |
---|
876 | | - | (e) D |
---|
877 | | - | ETERMINE THE REQUIREMENTS FOR SUCCESSFUL |
---|
878 | | - | IMPLEMENTATION OF A STATEWIDE POINT |
---|
879 | | - | -OF-SALE STANDARD; AND |
---|
880 | | - | (f) MAKE RECOMMENDATIONS ON HOW THE STATE CAN ADDRESS |
---|
881 | | - | ANY ASSOCIATED NEEDS OR GAPS BEFORE A STATEWIDE POINT |
---|
882 | | - | -OF-SALE |
---|
883 | | - | STANDARD TAKES EFFECT |
---|
884 | | - | . |
---|
885 | | - | (3) I |
---|
886 | | - | N CONDUCTING THE STUDY , THE OFFICE SHALL ASSESS AND |
---|
887 | | - | DETERMINE |
---|
888 | | - | : |
---|
889 | | - | (a) U |
---|
890 | | - | P-FRONT COST GAPS AND ONGOING COSTS AND COST SAVINGS |
---|
891 | | - | FOR RESIDENTIAL HOMES FROM IMPLEMENTATION OF A STATEWIDE |
---|
892 | | - | POINT |
---|
893 | | - | -OF-SALE STANDARD; |
---|
894 | | - | (b) W |
---|
895 | | - | HETHER AND WHERE FEDERAL , STATE, LOCAL, AND UTILITY |
---|
896 | | - | INCENTIVES CAN COVER ANY IDENTIFIED COST GAPS |
---|
897 | | - | , AND MAKE |
---|
898 | | - | RECOMMENDATIONS FOR WHAT |
---|
899 | | - | , IF ANY, NEW INCENTIVES MAY BE NEEDED |
---|
900 | | - | FOR INCOME |
---|
901 | | - | -QUALIFIED HOUSEHOLDS; |
---|
902 | | - | (c) A |
---|
903 | | - | NY TECHNICAL LIMITATIONS, AND POTENTIAL REMEDIES FOR |
---|
904 | | - | THOSE LIMITATIONS |
---|
905 | | - | , FOR A STATEWIDE POINT-OF-SALE STANDARD; |
---|
906 | | - | (d) S |
---|
907 | | - | YSTEM CONFIGURATION OPTIONS FOR COLD -TEMPERATURE |
---|
908 | | - | PERFORMANCE |
---|
909 | | - | ; |
---|
910 | | - | (e) N |
---|
911 | | - | ECESSARY CUSTOMER INFORMATION REGARDING |
---|
912 | | - | COLD |
---|
913 | | - | -TEMPERATURE PERFORMANCE ; |
---|
914 | | - | PAGE 20-SENATE BILL 24-214 (f) WHAT, IF ANY, EXCEPTIONS OR EXEMPTIONS MAY BE NECESSARY |
---|
915 | | - | FOR A STATEWIDE POINT |
---|
916 | | - | -OF-SALE STANDARD AND HOW SUCH EXCEPTIONS OR |
---|
917 | | - | EXEMPTIONS COULD BE ADMINISTERED |
---|
918 | | - | ; |
---|
919 | | - | (g) P |
---|
920 | | - | OTENTIAL IMPROVEMENTS TO THE STATE INCOME TAX CREDIT |
---|
921 | | - | CREATED IN SECTION |
---|
922 | | - | 39-22-554; |
---|
923 | | - | (h) S |
---|
924 | | - | UPPLY CHAIN STATUS; |
---|
925 | | - | (i) C |
---|
926 | | - | ONTRACTOR TRAINING NEEDS ; AND |
---|
927 | | - | (j) QUALITY ASSURANCE MEASURES . |
---|
928 | | - | (4) T |
---|
929 | | - | HE OFFICE SHALL DELIVER THE STUDY RESULTS TO THE CHAIRS |
---|
930 | | - | OF THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE |
---|
931 | | - | ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF |
---|
932 | | - | REPRESENTATIVES |
---|
933 | | - | , OR ANY SUCCESSOR COMMITTEES , ACCORDING TO THE |
---|
934 | | - | FOLLOWING SCHEDULE |
---|
935 | | - | : |
---|
936 | | - | (a) O |
---|
937 | | - | N OR BEFORE JANUARY 1, 2025, THE OFFICE SHALL DELIVER A |
---|
938 | | - | PROGRESS REPORT |
---|
939 | | - | ; |
---|
940 | | - | (b) O |
---|
941 | | - | N OR BEFORE MARCH 1, 2025, THE OFFICE SHALL DELIVER |
---|
942 | | - | INTERIM RESULTS AND LEGISLATIVE RECOMMENDATIONS |
---|
943 | | - | ; AND |
---|
944 | | - | (c) ON OR BEFORE JUNE 1, 2025, THE OFFICE SHALL DELIVER THE |
---|
945 | | - | FINAL STUDY AND FINAL LEGISLATIVE RECOMMENDATIONS |
---|
946 | | - | . |
---|
947 | | - | 25-7-1604. Repeal of part. T |
---|
948 | | - | HIS PART 16 IS REPEALED, EFFECTIVE |
---|
949 | | - | JULY 1, 2030. |
---|
950 | | - | SECTION 14. In Colorado Revised Statutes, 32-9-119.8, amend |
---|
951 | | - | (3) as follows: |
---|
952 | | - | 32-9-119.8. Provision of retail and commercial goods and |
---|
953 | | - | services at district transfer facilities - residential and other uses at |
---|
954 | | - | district transfer facilities permitted - definitions. (3) Any person |
---|
955 | | - | obtaining the use of any portion of a transfer facility for the provision of |
---|
956 | | - | retail or commercial goods or services or for the provision of residential |
---|
957 | | - | uses or other uses shall be required to |
---|
958 | | - | compensate the district by payment |
---|
959 | | - | PAGE 21-SENATE BILL 24-214 of rent at fair market value, or, at the discretion of the district, by the |
---|
960 | | - | provision of services or capital improvements to facilities used in transit |
---|
961 | | - | services, alone or in combination with rental payments. such that the total |
---|
962 | | - | benefit to the district is not less than the fair market rental value of the |
---|
963 | | - | property used by the person. |
---|
964 | | - | SECTION 15. In Colorado Revised Statutes, 39-22-551, amend |
---|
965 | | - | (2)(e) introductory portion, (2)(i), (2)(j), (3)(a)(II), and (3)(c) as follows: |
---|
966 | | - | 39-22-551. Industrial clean energy tax credit - tax preference |
---|
967 | | - | performance statement - definitions - report - repeal. (2) Definitions. |
---|
968 | | - | As used in this section, unless the context otherwise requires: |
---|
969 | | - | (e) "Greenhouse gas emissions reduction improvements" means |
---|
970 | | - | improvements that help to measurably reduce greenhouse gas emissions. |
---|
971 | | - | "Greenhouse gas emissions reduction improvements" also means |
---|
972 | | - | MAY |
---|
973 | | - | INCLUDE |
---|
974 | | - | one or more of the following equipment purchases, improvements, |
---|
975 | | - | and retrofits: |
---|
976 | | - | (i) "Industrial study" means an energy and emissions audit, a |
---|
977 | | - | feasibility study, |
---|
978 | | - | A PRE-FRONT-END or a front-end engineering design study |
---|
979 | | - | that meets or exceeds the standards established by the office, |
---|
980 | | - | OR ANY OTHER |
---|
981 | | - | INDUSTRIAL STUDIES AS OUTLINED IN PROGRAM STANDARDS ADOPTED BY |
---|
982 | | - | THE OFFICE |
---|
983 | | - | . |
---|
984 | | - | (j) "Owner" means a person |
---|
985 | | - | OR DEVELOPER OF A PROJECT TO BE |
---|
986 | | - | IMPLEMENTED AT A QUALIFIED INDUSTRIAL FACILITY |
---|
987 | | - | subject to tax under |
---|
988 | | - | this article 22 who applies for and claims the credit allowed by this section. |
---|
989 | | - | (3) Availability of credit and amount. (a) For income tax years |
---|
990 | | - | commencing on or after January 1, 2024, but prior to January 1, 2033, there |
---|
991 | | - | shall be allowed a credit with respect to the income taxes imposed pursuant |
---|
992 | | - | to this article 22 to the owner of a qualified industrial facility in an amount |
---|
993 | | - | equal to: |
---|
994 | | - | (II) The applicable percentage of the capital costs paid by the owner, |
---|
995 | | - | not including the cost for design, and approved by the office for certified |
---|
996 | | - | greenhouse gas emissions reduction improvements that are placed in service |
---|
997 | | - | during the tax year in which the credit is claimed; except that the credit |
---|
998 | | - | must be claimed in an amount that is not less than seventy-five thousand |
---|
999 | | - | PAGE 22-SENATE BILL 24-214 dollars and does not exceed five EIGHT million dollars. |
---|
1000 | | - | (c) An owner that claims the credit allowed by this section cannot, |
---|
1001 | | - | claim the credit allowed by section 39-30-104 with respect to the |
---|
1002 | | - | greenhouse gas emissions reduction improvements or receive grant money |
---|
1003 | | - | under the industrial and manufacturing operations clean air grant program |
---|
1004 | | - | created in section 24-38.5-116 (3)(a) FOR THE SAME GREENHOUSE GAS |
---|
1005 | | - | EMISSION REDUCTION IMPROVEMENTS |
---|
1006 | | - | : |
---|
1007 | | - | (I) C |
---|
1008 | | - | LAIM THE CREDIT ALLOWED BY SECTION 39-30-104; OR |
---|
1009 | | - | (II) RECEIVE GRANT MONEY UNDER THE INDUSTRIAL AND |
---|
1010 | | - | MANUFACTURING OPERATIONS CLEAN AIR GRANT PROGRAM CREATED IN |
---|
1011 | | - | SECTION |
---|
1012 | | - | 24-38.5-116 (3)(a). |
---|
1013 | | - | SECTION 16. In Colorado Revised Statutes, 39-22-552, amend |
---|
1014 | | - | (1)(a), (2)(e), (2)(f) introductory portion, (2)(f)(VIII), and (2)(f)(IX); and |
---|
1015 | | - | add (2)(f)(X), (2)(f.5), (2)(h), (2)(i), and (2)(j) as follows: |
---|
1016 | | - | 39-22-552. Tax credit for expenditures made in connection with |
---|
1017 | | - | a geothermal energy project - tax preference performance statement - |
---|
1018 | | - | definitions - repeal. (1) (a) In accordance with section 39-21-304(1), |
---|
1019 | | - | which requires each bill that creates a new tax expenditure to include a tax |
---|
1020 | | - | preference performance statement as part of a statutory legislative |
---|
1021 | | - | declaration, the general assembly finds and declares that the purpose of the |
---|
1022 | | - | tax credit provided in this section is to induce certain designated behavior |
---|
1023 | | - | by taxpayers and to provide a reduction in income tax liability for certain |
---|
1024 | | - | businesses or individuals by providing a financial incentive for the |
---|
1025 | | - | development of |
---|
1026 | | - | THERMAL ENERGY NETWORKS , electricity generation from |
---|
1027 | | - | geothermal sources. |
---|
1028 | | - | (2) Definitions. As used in this section, unless the context otherwise |
---|
1029 | | - | requires: |
---|
1030 | | - | (e) "Eligible taxpayer" means a person engaged in a trade or |
---|
1031 | | - | business that is subject to tax pursuant to this article 22, or a person or |
---|
1032 | | - | political subdivision of this state that is exempt from tax pursuant to section |
---|
1033 | | - | 39-22-112 (1), that makes a qualified expenditure ANY OF THE FOLLOWING |
---|
1034 | | - | PEOPLE OR ENTITIES THAT MAKE A QUALIFIED EXPENDITURE |
---|
1035 | | - | : |
---|
1036 | | - | PAGE 23-SENATE BILL 24-214 (I) A PERSON ENGAGED IN A TRADE OR BUSINESS THAT IS SUBJECT TO |
---|
1037 | | - | TAX PURSUANT TO THIS ARTICLE |
---|
1038 | | - | 22; |
---|
| 954 | + | 16. In Colorado Revised Statutes, 39-22-552, amend13 |
---|
| 955 | + | (1)(a), (2)(e), (2)(f) introductory portion, (2)(f)(VIII), and (2)(f)(IX); and14 |
---|
| 956 | + | add (2)(f)(X), (2)(f.5), (2)(h), (2)(i), and (2)(j) as follows:15 |
---|
| 957 | + | 39-22-552. Tax credit for expenditures made in connection16 |
---|
| 958 | + | with a geothermal energy project - tax preference performance17 |
---|
| 959 | + | statement - definitions - repeal. (1) (a) In accordance with section18 |
---|
| 960 | + | 39-21-304(1), which requires each bill that creates a new tax expenditure19 |
---|
| 961 | + | to include a tax preference performance statement as part of a statutory20 |
---|
| 962 | + | legislative declaration, the general assembly finds and declares that the21 |
---|
| 963 | + | purpose of the tax credit provided in this section is to induce certain22 |
---|
| 964 | + | designated behavior by taxpayers and to provide a reduction in income23 |
---|
| 965 | + | tax liability for certain businesses or individuals by providing a financial24 |
---|
| 966 | + | incentive for the development of |
---|
| 967 | + | THERMAL ENERGY NETWORKS , electricity25 |
---|
| 968 | + | generation from geothermal sources. |
---|
| 969 | + | 26 |
---|
| 970 | + | (2) Definitions. As used in this section, unless the context27 |
---|
| 971 | + | 214 |
---|
| 972 | + | -30- otherwise requires:1 |
---|
| 973 | + | 2 |
---|
| 974 | + | (e) "Eligible taxpayer" means a person engaged in a trade or3 |
---|
| 975 | + | business that is subject to tax pursuant to this article 22, or a person or4 |
---|
| 976 | + | political subdivision of this state that is exempt from tax pursuant to5 |
---|
| 977 | + | section 39-22-112 (1), that makes a qualified expenditure ANY OF THE6 |
---|
| 978 | + | FOLLOWING PEOPLE OR ENTITIES THAT MAKE A QUALIFIED EXPENDITURE :7 |
---|
| 979 | + | (I) A |
---|
| 980 | + | PERSON ENGAGED IN A TRADE OR BUSINESS THAT IS SUBJECT8 |
---|
| 981 | + | TO TAX PURSUANT TO THIS ARTICLE 22;9 |
---|
1110 | | - | RIBAL GOVERNMENT " MEANS A FEDERALLY RECOGNIZED |
---|
1111 | | - | INDIAN TRIBE, INCLUDING ITS BUSINESS OPERATIONS AND WHOLLY -OWNED |
---|
1112 | | - | ENTITIES |
---|
1113 | | - | , WITH RESERVATION LANDS WITHIN THE STATE OF COLORADO OR |
---|
1114 | | - | OPERATING WITHIN THE STATE |
---|
1115 | | - | . |
---|
1116 | | - | (3) For income tax years commencing on or after January 1, 2024, |
---|
1117 | | - | but before January 1, 2033, a qualified entity is allowed a credit against the |
---|
1118 | | - | income taxes imposed by this article 22 in an amount equal to three |
---|
1119 | | - | one-thousandths of a dollar per kilowatt hour of geothermal electricity that |
---|
1120 | | - | is produced by the qualified entity in the state in the tax year. In order to |
---|
1121 | | - | claim the credit, the qualified entity shall apply for and receive a tax credit |
---|
1122 | | - | certificate from the office pursuant to subsection (4) of this section. except |
---|
1123 | | - | that the office may not issue a tax credit certificate to a qualified entity |
---|
1124 | | - | totaling more than one million dollars per income tax year. |
---|
1125 | | - | PAGE 25-SENATE BILL 24-214 (3.5) THE OFFICE SHALL ANNUALLY REVIEW AND EVALUATE THE |
---|
1126 | | - | EFFECTIVENESS OF THE TAX CREDIT AND MAY MODIFY THE AMOUNTS SET |
---|
1127 | | - | FORTH IN SUBSECTION |
---|
1128 | | - | (3) OF THIS SECTION. THE OFFICE SHALL MAINTAIN |
---|
1129 | | - | THE CURRENT APPLICABLE TAX CREDIT ON ITS WEBSITE AND SHALL PROVIDE |
---|
1130 | | - | THE APPLICABLE TAX CREDIT IN WRITING TO THE DEPARTMENT NO LATER |
---|
1131 | | - | THAN |
---|
1132 | | - | DECEMBER 31, 2024, AND EACH DECEMBER 31 THEREAFTER THROUGH |
---|
1133 | | - | DECEMBER 31, 2031. |
---|
1134 | | - | SECTION 18. In Colorado Revised Statutes, 39-22-554, amend |
---|
1135 | | - | (2)(a)(I)(C), (2)(g)(I)(C), (2)(g)(I)(D), (2)(p)(I)(C), (2)(p)(I)(D), |
---|
1136 | | - | (2)(q)(I)(C), (2)(q)(I)(D), (3)(c)(I) introductory portion, (3)(d)(II), (3)(e), |
---|
1137 | | - | (5)(a)(II), (5)(a)(V), and (5)(d)(II)(A); repeal (2)(a)(I)(B), (2)(a)(III), |
---|
1138 | | - | (2)(g)(III), (2)(g)(IV), (2)(p)(III), (2)(q)(III), and (5)(a)(III); and add |
---|
1139 | | - | (2)(a)(I)(D), (2)(a)(I)(E), (2)(c.5), (2)(d.5), (2)(g)(I)(E), (2)(i.5), |
---|
1140 | | - | (2)(p)(I)(E), (2)(q)(I)(E), and (5)(a)(III.5) as follows: |
---|
1141 | | - | 39-22-554. Heat pump technology and thermal energy network |
---|
1142 | | - | tax credit - tax preference performance statement - definitions - repeal. |
---|
1143 | | - | (2) Definitions. As used in this section, unless the context otherwise |
---|
1144 | | - | requires: |
---|
1145 | | - | (a) (I) "Air-source heat pump system" means a system that: |
---|
1146 | | - | (B) Has a variable speed compressor; and |
---|
1147 | | - | (C) Is listed in the Air-conditioning, Heating, and Refrigeration |
---|
1148 | | - | Institute directory of certified product performance as a matched system; |
---|
1149 | | - | (D) C |
---|
1150 | | - | ONFORMS TO ALL APPLICABLE MUNICIPAL , STATE, AND |
---|
1151 | | - | FEDERAL CODES |
---|
1152 | | - | , STANDARDS, REGULATIONS, AND CERTIFICATIONS; AND |
---|
1153 | | - | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S |
---|
1154 | | - | SPECIFICATIONS |
---|
1155 | | - | . |
---|
1156 | | - | (III) "Air-source heat pump system" includes mechanical and |
---|
1157 | | - | electrical equipment central to the operation of an air-source heat pump, |
---|
1158 | | - | including an upgraded electrical panel if necessary. |
---|
1159 | | - | (c.5) "COLD-CLIMATE HEAT PUMP" MEANS A TYPE OF AIR-SOURCE |
---|
1160 | | - | HEAT PUMP SYSTEM THAT |
---|
1161 | | - | : |
---|
1162 | | - | PAGE 26-SENATE BILL 24-214 (I) MEETS THE QUALIFICATION CRITERIA OF THE FEDERAL |
---|
1163 | | - | ENVIRONMENTAL PROTECTION AGENCY |
---|
1164 | | - | 'S ENERGY STAR PROGRAM'S |
---|
1165 | | - | COLD |
---|
1166 | | - | -CLIMATE HEAT PUMP DESIGNATION OR MEETS THE HIGHEST TIER OF |
---|
1167 | | - | THE |
---|
1168 | | - | CONSORTIUM FOR ENERGY EFFICIENCY'S NORTHERN AIR-SOURCE HEAT |
---|
1169 | | - | PUMP SPECIFICATIONS |
---|
1170 | | - | , NOT INCLUDING AN ADVANCED TIER ; |
---|
1171 | | - | (II) I |
---|
1172 | | - | S INSTALLED WITH CONTROLS THAT SET A CROSSOVER |
---|
1173 | | - | TEMPERATURE SPECIFIED BY GUIDELINES ESTABLISHED BY THE OFFICE |
---|
1174 | | - | PURSUANT TO SUBSECTION |
---|
1175 | | - | (7) OF THIS SECTION; |
---|
1176 | | - | (III) C |
---|
1177 | | - | ONFORMS TO ALL APPLICABLE MUNICIPAL , STATE, AND |
---|
1178 | | - | FEDERAL CODES |
---|
1179 | | - | , STANDARDS, REGULATIONS, AND CERTIFICATIONS; |
---|
1180 | | - | (IV) I |
---|
1181 | | - | S INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S |
---|
1182 | | - | SPECIFICATIONS |
---|
1183 | | - | ; AND |
---|
1184 | | - | (V) IS LISTED IN THE AIR-CONDITIONING, HEATING, AND |
---|
1185 | | - | REFRIGERATION INSTITUTE DIRECTORY OF CERTIFIED PRODUCT |
---|
1186 | | - | PERFORMANCE AS A MATCHED SYSTEM |
---|
1187 | | - | . |
---|
1188 | | - | (d.5) "C |
---|
1189 | | - | ROSSOVER TEMPERATURE " MEANS THE POINT THAT A |
---|
1190 | | - | HEAT |
---|
1191 | | - | -PUMP-BASED HVAC SYSTEM SWITCHES EITHER PARTIALLY OR FULLY |
---|
1192 | | - | FROM THE HEAT PUMP TO A SUPPLEMENTARY HEATING SOURCE |
---|
1193 | | - | . |
---|
1194 | | - | (g) (I) "Ground-source heat pump system" means a system that: |
---|
1195 | | - | (C) Has blowers that are variable speed, |
---|
1196 | | - | high-efficiency motors that |
---|
1197 | | - | meet or exceed efficiency levels listed in the National Electrical |
---|
1198 | | - | Manufacturers Association MG 1-1993 publication; and |
---|
1199 | | - | (D) Complies with all state and local drinking water guidelines and |
---|
1200 | | - | regulations and public water system requirements; |
---|
1201 | | - | AND |
---|
1202 | | - | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S |
---|
1203 | | - | SPECIFICATIONS |
---|
1204 | | - | . |
---|
1205 | | - | (III) "Ground-source heat pump system" includes mechanical and |
---|
1206 | | - | electrical equipment central to the operation of a ground-source heat pump, |
---|
1207 | | - | including an upgraded electrical panel if necessary. |
---|
1208 | | - | PAGE 27-SENATE BILL 24-214 (IV) "Ground-source heat pump system" may include a heat |
---|
1209 | | - | exchanger for water heating. |
---|
1210 | | - | (i.5) "HEAT PUMP" MEANS AN ELECTRICALLY POWERED MECHANICAL |
---|
1211 | | - | DEVICE THAT USES THE REFRIGERATION CYCLE TO TRANSFER THERMAL |
---|
1212 | | - | ENERGY FROM ONE LOCATION TO ANOTHER |
---|
1213 | | - | . |
---|
1214 | | - | (p) (I) "Variable refrigerant flow heat pump system" means a system |
---|
1215 | | - | that: |
---|
1216 | | - | (C) Has blowers that are variable speed, high-efficiency motors that |
---|
1217 | | - | meet or exceed efficiency levels listed in the National Electrical |
---|
1218 | | - | Manufacturers Association MGI-1993 |
---|
1219 | | - | MG 1-1993 publication; and |
---|
1220 | | - | (D) Complies with all state and local drinking water guidelines and |
---|
1221 | | - | regulations and public water system and wastewater system requirements; |
---|
1222 | | - | AND |
---|
1223 | | - | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S |
---|
1224 | | - | SPECIFICATIONS |
---|
1225 | | - | . |
---|
1226 | | - | (III) "Variable refrigerant flow system" includes mechanical and |
---|
1227 | | - | electrical equipment central to the operation of a variable refrigerant flow |
---|
1228 | | - | system. |
---|
1229 | | - | (q) (I) "Water-source heat pump system" means a system that: (C) Has blowers that are variable speed, |
---|
1230 | | - | high-efficiency motors that |
---|
1231 | | - | meet or exceed efficiency levels listed in the National Electrical |
---|
1232 | | - | Manufacturers Association MG 1-1993 publication; and |
---|
1233 | | - | (D) Complies with all state and local drinking water guidelines and |
---|
1234 | | - | regulations and public water system and wastewater system requirements; |
---|
1235 | | - | AND |
---|
1236 | | - | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S |
---|
1237 | | - | SPECIFICATIONS |
---|
1238 | | - | . |
---|
1239 | | - | (III) "Water-source heat pump system" includes mechanical and |
---|
1240 | | - | electrical equipment central to the operation of a water-source heat pump. |
---|
1241 | | - | PAGE 28-SENATE BILL 24-214 (3) (c) Subject to the modifications set forth in subsection (3)(d) of |
---|
1242 | | - | this section and the annual review required pursuant to subsection (3)(e) of |
---|
1243 | | - | this section and except as otherwise provided in subsection (3)(f) of this |
---|
1244 | | - | section, the amount of the credit allowed pursuant to this section is |
---|
1245 | | - | calculated as follows: |
---|
1246 | | - | (I) For the installation of an air-source heat pump system or |
---|
1247 | | - | FOR a |
---|
1248 | | - | variable refrigerant flow heat |
---|
1249 | | - | PUMP system: |
---|
1250 | | - | (d) Notwithstanding the amounts set forth in subsection (3)(c) of this |
---|
1251 | | - | section, the amount of the credit allowed by this section may be modified |
---|
1252 | | - | as follows: |
---|
1253 | | - | (II) For a nonresidential building, the amount of the credit is the |
---|
1254 | | - | amount of the credit permitted pursuant to subsection (3)(c) of this section |
---|
1255 | | - | multiplied by the number of increments of four tons of heating capacity; up |
---|
1256 | | - | to a maximum of one hundred tons; and |
---|
1257 | | - | (e) The office shall annually review and evaluate the effectiveness |
---|
1258 | | - | of the tax credits and may, |
---|
1259 | | - | FOR THE SUBSEQUENT TAX YEAR : |
---|
1260 | | - | (I) Modify the amounts set forth in subsection (3)(c) of this section; |
---|
1261 | | - | AND |
---|
1262 | | - | (II) ESTABLISH, MODIFY, OR REMOVE LIMITS ON THE CREDITS |
---|
1263 | | - | CALCULATED PURSUANT TO SUBSECTION |
---|
1264 | | - | (3)(d) OF THIS SECTION. |
---|
1265 | | - | (5) (a) The office shall create, and update at least annually, a list |
---|
1266 | | - | containing the names and contact information of eligible taxpayers. To |
---|
1267 | | - | become an eligible taxpayer, and be included on the list described in this |
---|
1268 | | - | subsection (5), a taxpayer shall demonstrate to the office that the taxpayer |
---|
1269 | | - | and any of its employees who will be installing heat pump technology or |
---|
1270 | | - | thermal energy networks: |
---|
1271 | | - | (II) Are knowledgeable of |
---|
1272 | | - | AND AGREE TO FOLLOW the relevant |
---|
1273 | | - | system requirements set forth in subsections (2)(a), (2)(c.5), (2)(g), (2)(h), |
---|
1274 | | - | (2)(i), (2)(m), (2)(n), (2)(p), and (2)(q) of this section; |
---|
1275 | | - | (III) Will install heat pump technology and thermal energy networks |
---|
1276 | | - | in accordance with the national electric code and manufacturer's |
---|
1277 | | - | PAGE 29-SENATE BILL 24-214 specifications; |
---|
1278 | | - | (III.5) HAVE RECEIVED TRAINING PURSUANT TO THE GUIDELINES |
---|
1279 | | - | ISSUED BY THE OFFICE PURSUANT TO SUBSECTION |
---|
1280 | | - | (7) OF THIS SECTION; |
---|
1281 | | - | (V) Will meet any additional standards established by the office in |
---|
1282 | | - | its guidelines. including, if applicable, the 2021 international energyconservation code. |
---|
1283 | | - | (d) (II) (A) The office shall annually PERIODICALLY examine a |
---|
1284 | | - | sample of the eligible taxpayers on the list described in this subsection (5) |
---|
1285 | | - | to substantiate that the eligible taxpayers are meeting the office's standards |
---|
1286 | | - | and properly claiming the credit allowed by this section. Every eligible |
---|
1287 | | - | taxpayer shall produce the books and records described in subsection |
---|
1288 | | - | (5)(d)(I) of this section for examination at any time by the office. |
---|
1289 | | - | SECTION 19. In Colorado Revised Statutes, 39-22-557, amend |
---|
1290 | | - | (2)(d) and (3)(c)(I) as follows: |
---|
1291 | | - | 39-22-557. Clean hydrogen tax credit - qualified uses - tax |
---|
1292 | | - | preference performance statement - definitions - legislative declaration |
---|
1293 | | - | - repeal. (2) As used in this section, unless the context otherwise requires: |
---|
1294 | | - | (d) "Lifecycle greenhouse gas emissions rate" means lifecycle |
---|
1295 | | - | greenhouse gas emissions, as defined in 26 U.S.C. sec. 45V (c)(1)(A), as |
---|
1296 | | - | amended, measured in accordance with any applicable federal internal |
---|
1297 | | - | revenue service regulations or guidance, subject to the rules adopted by the |
---|
1298 | | - | public utilities commission pursuant to section 40-2-138 (3)(a)(I) |
---|
1299 | | - | SECTION |
---|
1300 | | - | 40-2-138 (3)(a)(II). |
---|
1301 | | - | (3) (c) (I) For income tax years commencing on and after January |
---|
1302 | | - | 1, 2024, but before January 1, 2026, and not before the public utilities |
---|
1303 | | - | commission adopts rules pursuant to section 40-2-138 (3)(a)(I), |
---|
1304 | | - | SECTION |
---|
1305 | | - | 40-2-138 (3)(a)(II), the office shall not issue a tax credit certificate to a taxpayer indicating eligibility for a tax credit for an amount exceeding one million dollars in a tax year. |
---|
1306 | | - | SECTION 20. In Colorado Revised Statutes, 39-29-108, repeal |
---|
1307 | | - | (2)(e)(II), (2)(e)(III)(A), and (2)(e)(III)(C) as follows: |
---|
1308 | | - | PAGE 30-SENATE BILL 24-214 39-29-108. Allocation of severance tax revenues - definitions - |
---|
1309 | | - | repeal. (2) (e) (II) The state treasurer shall credit a portion of the discrete |
---|
1310 | | - | increased amount of severance tax for oil and gas production in the amount |
---|
1311 | | - | attributable to administrative costs to the respective cash funds so that all |
---|
1312 | | - | administrative costs are repaid to the respective cash funds on or before July |
---|
1313 | | - | 1, 2025. |
---|
1314 | | - | (III) As used in this subsection (2)(e), unless the context otherwise |
---|
1315 | | - | requires: |
---|
1316 | | - | (A) "Administrative costs" means the amount of money expended |
---|
1317 | | - | from the respective cash funds by the Colorado energy office and the |
---|
1318 | | - | department of revenue for the administration and implementation of certain |
---|
1319 | | - | income tax credits and a temporary specific ownership tax rate reduction for |
---|
1320 | | - | electric medium-duty and heavy-duty trucks that are part of a fleet as |
---|
1321 | | - | provided for in sections 24-38.5-116 (6)(b)(II), 24-38.5-118 (7)(d), |
---|
1322 | | - | 24-38.5-506 (2)(a)(II), and 25-7-1405 (2)(b). |
---|
1323 | | - | (C) "Respective cash funds" means the industrial and manufacturing |
---|
1324 | | - | operations clean air grant program cash fund created in section 24-38.5-116 |
---|
1325 | | - | (6), the geothermal energy grant fund created in section 24-38.5-118 (7), the |
---|
1326 | | - | community access to electric bicycles cash fund created in section |
---|
1327 | | - | 24-38.5-506, or the electrifying school buses grant program cash fund |
---|
1328 | | - | created in section 25-7-1405. |
---|
1329 | | - | SECTION 21. In Colorado Revised Statutes, 24-38.5-115, amend |
---|
1330 | | - | (2)(a) and (5)(f) as follows: |
---|
1331 | | - | 24-38.5-115. Sustainable rebuilding program - fund - creation |
---|
1332 | | - | - policies - report - definitions. (2) (a) The office shall, in consultation |
---|
1333 | | - | with the department of local affairs, establish the sustainable rebuilding |
---|
1334 | | - | program as a loan and grant program in accordance with the requirements |
---|
1335 | | - | of this section and the policies established by the office pursuant to |
---|
1336 | | - | subsection (4) of this section. The program may provide loans and grants |
---|
1337 | | - | from the fund to eligible homeowners and eligible businesses seeking |
---|
1338 | | - | assistance to rebuild high-efficiency |
---|
1339 | | - | homes and buildings after a disaster |
---|
1340 | | - | emergency declared by the governor pursuant to section 24-33.5-704 (4), |
---|
1341 | | - | WITH THE PROGRAM GIVING PRIORITY TO ELIGIBLE HOMEOWNERS AND |
---|
1342 | | - | ELIGIBLE BUSINESSES SEEKING ASSISTANCE TO REBUILD HIGH |
---|
1343 | | - | -EFFICIENCY |
---|
1344 | | - | HOMES AND BUILDINGS |
---|
1345 | | - | . |
---|
1346 | | - | PAGE 31-SENATE BILL 24-214 (5) Loans and grants received from the program may be used: |
---|
1347 | | - | (f) For other similar uses as determined by the office, |
---|
1348 | | - | INCLUDING |
---|
1349 | | - | PROVIDING LOANS OR GRANTS PURSUANT TO SECTION |
---|
1350 | | - | 24-32-134 (5). |
---|
1351 | | - | SECTION 22. In Colorado Revised Statutes, 40-3.2-108, amend |
---|
1352 | | - | (10) introductory portion as follows: |
---|
1353 | | - | 40-3.2-108. Clean heat targets - legislative declaration - |
---|
1354 | | - | definitions - plans - rules - reports. (10) No later than December 1, 2024, |
---|
1355 | | - | DECEMBER 1, 2025, the commission, in consultation with the division, shall |
---|
1356 | | - | determine mass-based greenhouse gas emission reduction targets for clean |
---|
1357 | | - | heat plans for 2035. In establishing these targets, the commission shall: |
---|
1358 | | - | SECTION 23. In Colorado Revised Statutes, add 40-3.2-110 as |
---|
1359 | | - | follows: |
---|
1360 | | - | 40-3.2-110. Requirements related to heat pumps - definitions. |
---|
1361 | | - | (1) A |
---|
1362 | | - | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES , |
---|
1363 | | - | " |
---|
1364 | | - | HEAT PUMP" MEANS AN ELECTRICALLY POWERED DEVICE THAT USES THE |
---|
1365 | | - | REFRIGERATION CYCLE TO TRANSFER THERMAL ENERGY FROM ONE |
---|
1366 | | - | LOCATION TO ANOTHER |
---|
1367 | | - | . |
---|
1368 | | - | (2) O |
---|
1369 | | - | N OR BEFORE AUGUST 1, 2027, AN INVESTOR-OWNED UTILITY |
---|
1370 | | - | THAT PROVIDES ELECTRIC OR THERMAL ENERGY SHALL |
---|
1371 | | - | , WITHIN A GENERAL |
---|
1372 | | - | RATE CASE REQUEST |
---|
1373 | | - | , SUBMIT TO THE COMMISSION A PROPOSAL FOR A |
---|
1374 | | - | VOLUNTARY RATE OR RATES FOR ENERGY SUPPLIED TO RESIDENTIAL |
---|
1375 | | - | CUSTOMERS WHO UTILIZE A HEAT PUMP AS THEIR PRIMARY HEATING SOURCE |
---|
1376 | | - | , |
---|
1377 | | - | WHICH VOLUNTARY RATE OR RATES : |
---|
1378 | | - | (a) M |
---|
1379 | | - | AY BE NEW RATES , NEW OR EXISTING RIDERS , OR |
---|
1380 | | - | INCORPORATED INTO AN EXISTING TIME |
---|
1381 | | - | -OF-USE RATE; |
---|
1382 | | - | (b) I |
---|
1383 | | - | F COST-JUSTIFIED, ARE DESIGNED TO LOWER THE AVERAGE |
---|
1384 | | - | MONTHLY ENERGY BILL OF RESIDENTIAL CUSTOMERS WHO UTILIZE A HEAT |
---|
1385 | | - | PUMP AS THEIR PRIMARY HEATING SOURCE |
---|
1386 | | - | ; AND |
---|
1387 | | - | (c) AVOID CROSS-SUBSIDIES FROM OTHER CUSTOMERS . |
---|
1388 | | - | SECTION 24. In Session Laws of Colorado 2023, section 4 of |
---|
1389 | | - | PAGE 32-SENATE BILL 24-214 chapter 219, amend (1) as follows: |
---|
1390 | | - | Section 4. Appropriation. (1) For the 2023-24 state fiscal year, |
---|
1391 | | - | $370,140 is appropriated to the department of higher education. This |
---|
1392 | | - | appropriation is from the oil and gas conservation and environmental |
---|
1393 | | - | response fund created in section 34-60-122 (5)(a), C.R.S., and is based on |
---|
1394 | | - | an assumption that the department will require an additional 3.0 FTE. To |
---|
1395 | | - | implement this act, the department may use this appropriation for the board |
---|
1396 | | - | of governors of the Colorado state university system for the biochar in oil |
---|
1397 | | - | and gas well plugging working advisory group. A |
---|
1398 | | - | NY MONEY APPROPRIATED |
---|
1399 | | - | IN THIS SECTION THAT IS NOT EXPENDED PRIOR TO |
---|
1400 | | - | JULY 1, 2024, IS FURTHER |
---|
1401 | | - | APPROPRIATED TO THE DEPARTMENT OF HIGHER EDUCATION FOR THE |
---|
1402 | | - | 2024-25 STATE FISCAL YEAR FOR THE SAME PURPOSE . |
---|
1403 | | - | SECTION 25. Appropriation - adjustments to 2024 long bill. |
---|
1404 | | - | (1) To implement this act, cash funds appropriations from various sources |
---|
1405 | | - | of cash funds made in the annual general appropriation act for the 2024-25 |
---|
1406 | | - | state fiscal year to the department of revenue are decreased as follows: |
---|
1407 | | - | Executive Director's Office, Administration and Support |
---|
1408 | | - | Personal services $424,001 |
---|
1409 | | - | Operating expenses $64,770 |
---|
1410 | | - | Taxation Business Group, Administration |
---|
1411 | | - | Tax administration IT system (GenTax) support $765,934 |
---|
1412 | | - | Taxation Business Group, Taxation Services |
---|
1413 | | - | Personal services $470,940 |
---|
1414 | | - | Operating expenses $36,925 |
---|
1415 | | - | Document management $7,590 |
---|
1416 | | - | (2) To implement this act, cash funds appropriations from the |
---|
1417 | | - | decarbonization tax credits administration cash fund created in section |
---|
1418 | | - | 24-38.5-120 (2), C.R.S., made in the annual general appropriation act for |
---|
1419 | | - | PAGE 33-SENATE BILL 24-214 the 2024-25 state fiscal year to the department of revenue are increased as |
---|
1420 | | - | follows: |
---|
1421 | | - | Executive Director's Office, Administration and Support |
---|
1422 | | - | Personal services $424,001 |
---|
1423 | | - | Operating expenses $64,770 |
---|
1424 | | - | Taxation Business Group, Administration |
---|
1425 | | - | Tax administration IT system (GenTax) support $765,934 |
---|
1426 | | - | Taxation Business Group, Taxation Services |
---|
1427 | | - | Personal services $470,940 |
---|
1428 | | - | Operating expenses $36,925 |
---|
1429 | | - | Document management $7,590 |
---|
1430 | | - | SECTION 26. Appropriation. For the 2024-25 state fiscal year, |
---|
1431 | | - | $1,058,596 is appropriated to the office of the governor for use by the |
---|
1432 | | - | Colorado energy office. This appropriation consists of $100,000 from the |
---|
1433 | | - | general fund and $958,596 from the decarbonization tax credits |
---|
1434 | | - | administration cash fund created in section 24-38.5-120 (2), C.R.S., and is |
---|
1435 | | - | based on an assumption that the office will require an additional 3.1 FTE. |
---|
1436 | | - | To implement this act, the office may use this appropriation for program |
---|
1437 | | - | administration. |
---|
1438 | | - | SECTION 27. Safety clause. The general assembly finds, |
---|
1439 | | - | determines, and declares that this act is necessary for the immediate |
---|
1440 | | - | PAGE 34-SENATE BILL 24-214 preservation of the public peace, health, or safety or for appropriations for |
---|
1441 | | - | the support and maintenance of the departments of the state and state |
---|
1442 | | - | institutions. |
---|
1443 | | - | ____________________________ ____________________________ |
---|
1444 | | - | Steve Fenberg Julie McCluskie |
---|
1445 | | - | PRESIDENT OF SPEAKER OF THE HOUSE |
---|
1446 | | - | THE SENATE OF REPRESENTATIVES |
---|
1447 | | - | ____________________________ ____________________________ |
---|
1448 | | - | Cindi L. Markwell Robin Jones |
---|
1449 | | - | SECRETARY OF CHIEF CLERK OF THE HOUSE |
---|
1450 | | - | THE SENATE OF REPRESENTATIVES |
---|
1451 | | - | APPROVED________________________________________ |
---|
1452 | | - | (Date and Time) |
---|
1453 | | - | _________________________________________ |
---|
1454 | | - | Jared S. Polis |
---|
1455 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
1456 | | - | PAGE 35-SENATE BILL 24-214 |
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| 1048 | + | RIBAL GOVERNMENT" MEANS A FEDERALLY RECOGNIZED5 |
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| 1049 | + | I |
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| 1050 | + | NDIAN TRIBE, INCLUDING ITS BUSINESS OPERATIONS AND WHOLLY -OWNED6 |
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| 1051 | + | ENTITIES, WITH RESERVATION LANDS WITHIN THE STATE OF COLORADO OR7 |
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| 1052 | + | OPERATING WITHIN THE STATE.8 |
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| 1053 | + | (3) For income tax years commencing on or after January 1, 2024,9 |
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| 1054 | + | but before January 1, 2033, a qualified entity is allowed a credit against10 |
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| 1055 | + | the income taxes imposed by this article 22 in an amount equal to three11 |
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| 1056 | + | one-thousandths of a dollar per kilowatt hour of geothermal electricity12 |
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| 1057 | + | that is produced by the qualified entity in the state in the tax year. In order13 |
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| 1058 | + | to claim the credit, the qualified entity shall apply for and receive a tax14 |
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| 1059 | + | credit certificate from the office pursuant to subsection (4) of this section.15 |
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| 1060 | + | except that the office may not issue a tax credit certificate to a qualified |
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| 1061 | + | 16 |
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| 1062 | + | entity totaling more than one million dollars per income tax year.17 |
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| 1063 | + | (3.5) T |
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| 1064 | + | HE OFFICE SHALL ANNUALLY REVIEW AND EVALUATE THE18 |
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| 1065 | + | EFFECTIVENESS OF THE TAX CREDIT AND MAY MODIFY THE AMOUNTS SET19 |
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| 1066 | + | FORTH IN SUBSECTION (3) OF THIS SECTION. THE OFFICE SHALL MAINTAIN20 |
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| 1067 | + | THE CURRENT APPLICABLE TAX CREDIT |
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| 1068 | + | ON ITS WEBSITE AND SHALL21 |
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| 1069 | + | PROVIDE THE APPLICABLE TAX CREDIT IN WRITING TO THE DEPARTMENT22 |
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| 1070 | + | NO LATER THAN DECEMBER 31, 2024, AND EACH DECEMBER 3123 |
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| 1071 | + | THEREAFTER THROUGH DECEMBER 31, 2031.24 |
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| 1072 | + | SECTION 18. In Colorado Revised Statutes, 39-22-554, amend25 |
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| 1073 | + | (2)(a)(I)(C), (2)(g)(I)(C), (2)(g)(I)(D), (2)(p)(I)(C), (2)(p)(I)(D),26 |
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| 1074 | + | (2)(q)(I)(C), (2)(p)(I)(D), (2)(q)(I)(D), (3)(c)(I) introductory portion,27 |
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| 1075 | + | 214 |
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| 1076 | + | -33- (3)(d)(II), (3)(e), (5)(a)(II), (5)(a)(V), and (5)(d)(II)(A); repeal1 |
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| 1077 | + | (2)(a)(I)(B), (2)(a)(III), (2)(g)(III), (2)(g)(IV), (2)(p)(III), (2)(q)(III), and2 |
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| 1078 | + | (5)(a)(III); and add (2)(a)(I)(D), (2)(a)(I)(E), (2)(c.5), (2)(d.5),3 |
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| 1079 | + | (2)(g)(I)(E), (2)(i.5), (2)(q)(I)(E), and (5)(a)(III.5) as follows: 4 |
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| 1080 | + | 39-22-554. Heat pump technology and thermal energy5 |
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| 1081 | + | network tax credit - tax preference performance statement -6 |
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| 1082 | + | definitions - repeal. (2) Definitions. As used in this section, unless the7 |
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| 1083 | + | context otherwise requires:8 |
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| 1084 | + | (a) (I) "Air-source heat pump system" means a system that:9 |
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| 1085 | + | (B) Has a variable speed compressor; and10 |
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| 1086 | + | (C) Is listed in the Air-conditioning, Heating, and Refrigeration11 |
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| 1087 | + | Institute directory of certified product performance as a matched system;12 |
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| 1088 | + | (D) CONFORMS TO ALL APPLICABLE MUNICIPAL, STATE, AND13 |
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| 1089 | + | FEDERAL CODES, STANDARDS, REGULATIONS, AND CERTIFICATIONS; AND14 |
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| 1090 | + | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S15 |
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| 1091 | + | SPECIFICATIONS.16 |
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| 1092 | + | (III) "Air-source heat pump system" includes mechanical and17 |
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| 1093 | + | electrical equipment central to the operation of an air-source heat pump,18 |
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| 1094 | + | including an upgraded electrical panel if necessary.19 |
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| 1095 | + | (c.5) "COLD-CLIMATE HEAT PUMP" MEANS A TYPE OF AIR-SOURCE20 |
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| 1096 | + | HEAT PUMP SYSTEM THAT:21 |
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| 1097 | + | (I) MEETS THE QUALIFICATION CRITERIA OF THE FEDERAL22 |
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| 1098 | + | ENVIRONMENTAL PROTECTION AGENCY'S ENERGY STAR PROGRAM'S23 |
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| 1099 | + | COLD-CLIMATE HEAT PUMP DESIGNATION OR MEETS THE HIGHEST TIER OF24 |
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| 1100 | + | THE CONSORTIUM FOR ENERGY EFFICIENCY'S NORTHERN AIR-SOURCE25 |
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| 1101 | + | HEAT PUMP SPECIFICATIONS, NOT INCLUDING AN ADVANCED TIER ;26 |
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| 1102 | + | (II) IS INSTALLED WITH CONTROLS THAT SET A CROSSOVER27 |
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| 1103 | + | 214 |
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| 1104 | + | -34- TEMPERATURE SPECIFIED BY GUIDELINES ESTABLISHED BY THE OFFICE1 |
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| 1105 | + | PURSUANT TO SUBSECTION (7) OF THIS SECTION;2 |
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| 1106 | + | (III) CONFORMS TO ALL APPLICABLE MUNICIPAL, STATE, AND3 |
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| 1107 | + | FEDERAL CODES, STANDARDS, REGULATIONS, AND CERTIFICATIONS;4 |
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| 1108 | + | (IV) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S5 |
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| 1109 | + | SPECIFICATIONS; AND6 |
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| 1110 | + | (V) IS LISTED IN THE AIR-CONDITIONING, HEATING, AND7 |
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| 1111 | + | REFRIGERATION INSTITUTE DIRECTORY OF CERTIFIED PRODUCT8 |
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| 1112 | + | PERFORMANCE AS A MATCHED SYSTEM .9 |
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| 1113 | + | (d.5) "CROSSOVER TEMPERATURE" MEANS THE POINT THAT A10 |
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| 1114 | + | HEAT-PUMP-BASED HVAC SYSTEM SWITCHES EITHER PARTIALLY OR11 |
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| 1115 | + | FULLY FROM THE HEAT PUMP TO A SUPPLEMENTARY HEATING SOURCE .12 |
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| 1116 | + | (g) (I) "Ground-source heat pump system" means a system that:13 |
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| 1117 | + | (C) Has blowers that are variable speed, high-efficiency motors14 |
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| 1118 | + | that meet or exceed efficiency levels listed in the National Electrical15 |
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| 1119 | + | Manufacturers Association MG 1-1993 publication; and16 |
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| 1120 | + | (D) Complies with all state and local drinking water guidelines17 |
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| 1121 | + | and regulations and public water system requirements; AND18 |
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| 1122 | + | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S19 |
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| 1123 | + | SPECIFICATIONS.20 |
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| 1124 | + | (III) "Ground-source heat pump system" includes mechanical and21 |
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| 1125 | + | electrical equipment central to the operation of a ground-source heat22 |
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| 1126 | + | pump, including an upgraded electrical panel if necessary.23 |
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| 1127 | + | (IV) "Ground-source heat pump system" may include a heat24 |
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| 1128 | + | exchanger for water heating.25 |
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| 1129 | + | (i.5) "HEAT PUMP" MEANS AN ELECTRICALLY POWERED26 |
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| 1130 | + | MECHANICAL DEVICE THAT USES THE REFRIGERATION CYCLE TO TRANSFER27 |
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| 1131 | + | 214 |
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| 1132 | + | -35- THERMAL ENERGY FROM ONE LOCATION TO ANOTHER .1 |
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| 1133 | + | (p) (I) "Variable refrigerant flow heat pump system" means a2 |
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| 1134 | + | system that:3 |
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| 1135 | + | (C) Has blowers that are variable speed, high-efficiency motors4 |
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| 1136 | + | that meet or exceed efficiency levels listed in the National Electrical5 |
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| 1137 | + | Manufacturers Association MGI-1993 MG 1-1993 publication; and6 |
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| 1138 | + | (D) Complies with all state and local drinking water guidelines7 |
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| 1139 | + | and regulations and public water system and wastewater system8 |
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| 1140 | + | requirements; AND9 |
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| 1141 | + | (E) IS INSTALLED IN ACCORDANCE WITH THE MANUFACTURER 'S10 |
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| 1142 | + | SPECIFICATIONS.11 |
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| 1143 | + | (III) "Variable refrigerant flow system" includes mechanical and12 |
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| 1144 | + | electrical equipment central to the operation of a variable refrigerant flow13 |
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| 1145 | + | system.14 |
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| 1146 | + | (q) (I) "Water-source heat pump system" means a system that:15 |
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| 1147 | + | (C) Has blowers that are variable speed, high-efficiency motors16 |
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| 1148 | + | that meet or exceed efficiency levels listed in the National Electrical17 |
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| 1149 | + | Manufacturers Association MG 1-1993 publication; and18 |
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| 1150 | + | (D) Complies with all state and local drinking water guidelines19 |
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| 1151 | + | and regulations and public water system and wastewater system20 |
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| 1152 | + | requirements; AND21 |
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| 1153 | + | (E) IS INSTALLED IN ACCORDANCE WITH THE M ANUFACTURER'S22 |
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| 1154 | + | SPECIFICATIONS.23 |
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| 1155 | + | (III) "Water-source heat pump system" includes mechanical and24 |
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| 1156 | + | electrical equipment central to the operation of a water-source heat pump.25 |
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| 1157 | + | (3) (c) Subject to the modifications set forth in subsection (3)(d)26 |
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| 1158 | + | of this section and the annual review required pursuant to subsection27 |
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| 1159 | + | 214 |
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| 1160 | + | -36- (3)(e) of this section and except as otherwise provided in subsection (3)(f)1 |
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| 1161 | + | of this section, the amount of the credit allowed pursuant to this section2 |
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| 1162 | + | is calculated as follows:3 |
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| 1163 | + | (I) For the installation of an air-source heat pump system or FOR4 |
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| 1164 | + | a variable refrigerant flow heat PUMP system:5 |
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| 1165 | + | (d) Notwithstanding the amounts set forth in subsection (3)(c) of6 |
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| 1166 | + | this section, the amount of the credit allowed by this section may be7 |
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| 1167 | + | modified as follows:8 |
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| 1168 | + | (II) For a nonresidential building, the amount of the credit is the9 |
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| 1169 | + | amount of the credit permitted pursuant to subsection (3)(c) of this10 |
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| 1170 | + | section multiplied by the number of increments of four tons of heating11 |
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| 1171 | + | capacity; up to a maximum of one hundred tons; and12 |
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| 1172 | + | (e) The office shall annually review and evaluate the effectiveness13 |
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| 1173 | + | of the tax credits and may, FOR THE SUBSEQUENT TAX YEAR :14 |
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| 1174 | + | (I) Modify the amounts set forth in subsection (3)(c) of this15 |
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| 1175 | + | section; AND16 |
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| 1176 | + | (II) ESTABLISH, MODIFY, OR REMOVE LIMITS ON THE CREDITS17 |
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| 1177 | + | CALCULATED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION.18 |
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| 1178 | + | (5) (a) The office shall create, and update at least annually, a list19 |
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| 1179 | + | containing the names and contact information of eligible taxpayers. To20 |
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| 1180 | + | become an eligible taxpayer, and be included on the list described in this21 |
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| 1181 | + | subsection (5), a taxpayer shall demonstrate to the office that the taxpayer22 |
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| 1182 | + | and any of its employees who will be installing heat pump technology or23 |
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| 1183 | + | thermal energy networks:24 |
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| 1184 | + | (II) Are knowledgeable of AND AGREE TO FOLLOW the relevant25 |
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| 1185 | + | system requirements set forth in subsections (2)(a), (2)(c.5), (2)(g), (2)(h),26 |
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| 1186 | + | (2)(i), (2)(m), (2)(n), (2)(p), and (2)(q) of this section;27 |
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| 1187 | + | 214 |
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| 1188 | + | -37- (III) Will install heat pump technology and thermal energy1 |
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| 1189 | + | networks in accordance with the national electric code and manufacturer's2 |
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| 1190 | + | specifications;3 |
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| 1191 | + | (III.5) HAVE RECEIVED TRAINING PURSUANT TO THE GUIDELINES4 |
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| 1192 | + | ISSUED BY THE OFFICE PURSUANT TO SUBSECTION (7) OF THIS SECTION;5 |
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| 1193 | + | (V) Will meet any additional standards established by the office6 |
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| 1194 | + | in its guidelines. including, if applicable, the 2021 international energy7 |
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| 1195 | + | conservation code.8 |
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| 1196 | + | (d) (II) (A) The office shall annually PERIODICALLY examine a9 |
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| 1197 | + | sample of the eligible taxpayers on the list described in this subsection (5)10 |
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| 1198 | + | to substantiate that the eligible taxpayers are meeting the office's11 |
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| 1199 | + | standards and properly claiming the credit allowed by this section. Every12 |
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| 1200 | + | eligible taxpayer shall produce the books and records described in13 |
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| 1201 | + | subsection (5)(d)(I) of this section for examination at any time by the14 |
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| 1202 | + | office.15 |
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| 1203 | + | 16 |
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| 1204 | + | SECTION 19. In Colorado Revised Statutes, 39-22-557, amend17 |
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| 1205 | + | (2)(d) and (3)(c)(I) as follows:18 |
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| 1206 | + | 39-22-557. Clean hydrogen tax credit - qualified uses - tax19 |
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| 1207 | + | preference performance statement - definitions - legislative20 |
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| 1208 | + | declaration - repeal. (2) As used in this section, unless the context21 |
---|
| 1209 | + | otherwise requires:22 |
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| 1210 | + | (d) "Lifecycle greenhouse gas emissions rate" means lifecycle23 |
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| 1211 | + | greenhouse gas emissions, as defined in 26 U.S.C. sec. 45V (c)(1)(A), as24 |
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| 1212 | + | amended, measured in accordance with any applicable federal internal25 |
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| 1213 | + | revenue service regulations or guidance, subject to the rules adopted by26 |
---|
| 1214 | + | the public utilities commission pursuant to section 40-2-138 (3)(a)(I)27 |
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| 1215 | + | 214 |
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| 1216 | + | -38- SECTION 40-2-138 (3)(a)(II).1 |
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| 1217 | + | (3) (c) (I) For income tax years commencing on and after January2 |
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| 1218 | + | 1, 2024, but before January 1, 2026, and not before the public utilities3 |
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| 1219 | + | commission adopts rules pursuant to section 40-2-138 (3)(a)(I), SECTION4 |
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| 1220 | + | 40-2-138 (3)(a)(II), the office shall not issue a tax credit certificate to a5 |
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| 1221 | + | taxpayer indicating eligibility for a tax credit for an amount exceeding6 |
---|
| 1222 | + | one million dollars in a tax year.7 |
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| 1223 | + | SECTION 20. In Colorado Revised Statutes, 39-29-108, repeal8 |
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| 1224 | + | (2)(e)(II), (2)(e)(III)(A), and (2)(e)(III)(C) as follows:9 |
---|
| 1225 | + | 39-29-108. Allocation of severance tax revenues - definitions10 |
---|
| 1226 | + | - repeal. (2) (e) (II) The state treasurer shall credit a portion of the11 |
---|
| 1227 | + | discrete increased amount of severance tax for oil and gas production in12 |
---|
| 1228 | + | the amount attributable to administrative costs to the respective cash13 |
---|
| 1229 | + | funds so that all administrative costs are repaid to the respective cash14 |
---|
| 1230 | + | funds on or before July 1, 2025.15 |
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| 1231 | + | (III) As used in this subsection (2)(e), unless the context otherwise16 |
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| 1232 | + | requires:17 |
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| 1233 | + | (A) "Administrative costs" means the amount of money expended18 |
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| 1234 | + | from the respective cash funds by the Colorado energy office and the19 |
---|
| 1235 | + | department of revenue for the administration and implementation of20 |
---|
| 1236 | + | certain income tax credits and a temporary specific ownership tax rate21 |
---|
| 1237 | + | reduction for electric medium-duty and heavy-duty trucks that are part of22 |
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| 1238 | + | a fleet as provided for in sections 24-38.5-116 (6)(b)(II), 24-38.5-11823 |
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| 1239 | + | (7)(d), 24-38.5-506 (2)(a)(II), and 25-7-1405 (2)(b).24 |
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| 1240 | + | (C) "Respective cash funds" means the industrial and25 |
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| 1241 | + | manufacturing operations clean air grant program cash fund created in26 |
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| 1242 | + | section 24-38.5-116 (6), the geothermal energy grant fund created in27 |
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| 1243 | + | 214 |
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| 1244 | + | -39- section 24-38.5-118 (7), the community access to electric bicycles cash1 |
---|
| 1245 | + | fund created in section 24-38.5-506, or the electrifying school buses grant2 |
---|
| 1246 | + | program cash fund created in section 25-7-1405.3 |
---|
| 1247 | + | SECTION 21. In Colorado Revised Statutes, 24-38.5-115,4 |
---|
| 1248 | + | amend (2)(a) and (5)(f) as follows:5 |
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| 1249 | + | 24-38.5-115. Sustainable rebuilding program - fund - creation6 |
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| 1250 | + | - policies - report - definitions. (2) (a) The office shall, in consultation7 |
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| 1251 | + | with the department of local affairs, establish the sustainable rebuilding8 |
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| 1252 | + | program as a loan and grant program in accordance with the requirements9 |
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| 1253 | + | of this section and the policies established by the office pursuant to10 |
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| 1254 | + | subsection (4) of this section. The program may provide loans and grants11 |
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| 1255 | + | from the fund to eligible homeowners and eligible businesses seeking12 |
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| 1256 | + | assistance to rebuild high-efficiency homes and buildings after a disaster13 |
---|
| 1257 | + | emergency declared by the governor pursuant to section 24-33.5-704 (4),14 |
---|
| 1258 | + | WITH THE PROGRAM GIVING PRIORITY TO ELIGIBLE HOMEOWNERS AND15 |
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| 1259 | + | ELIGIBLE BUSINESSES SEEKING ASSISTANCE TO REBUILD HIGH-EFFICIENCY16 |
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| 1260 | + | HOMES AND BUILDINGS.17 |
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| 1261 | + | (5) Loans and grants received from the program may be used:18 |
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| 1262 | + | (f) For other similar uses as determined by the office, INCLUDING19 |
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| 1263 | + | PROVIDING LOANS OR GRANTS PURSUANT TO SECTION 24-32-134 (5).20 |
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| 1264 | + | SECTION 22. In Colorado Revised Statutes, 40-3.2-108, amend21 |
---|
| 1265 | + | (10) introductory portion as follows:22 |
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| 1266 | + | 40-3.2-108. Clean heat targets - legislative declaration -23 |
---|
| 1267 | + | definitions - plans - rules - reports. (10) No later than December 1,24 |
---|
| 1268 | + | 2024, DECEMBER 1, 2025, the commission, in consultation with the25 |
---|
| 1269 | + | division, shall determine mass-based greenhouse gas emission reduction26 |
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| 1270 | + | targets for clean heat plans for 2035. In establishing these targets, the27 |
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| 1271 | + | 214 |
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| 1272 | + | -40- commission shall:1 |
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| 1273 | + | SECTION 23. In Colorado Revised Statutes, add 40-3.2-110 as2 |
---|
| 1274 | + | follows:3 |
---|
| 1275 | + | 40-3.2-110. Requirements related to heat pumps - definitions.4 |
---|
| 1276 | + | (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5 |
---|
| 1277 | + | REQUIRES, "HEAT PUMP" MEANS AN ELECTRICALLY POWERED DEVICE THAT6 |
---|
| 1278 | + | USES THE REFRIGERATION CYCLE TO TRANSFER THERMAL ENERGY FROM7 |
---|
| 1279 | + | ONE LOCATION TO ANOTHER .8 |
---|
| 1280 | + | (2) ON OR BEFORE AUGUST 1, 2027, AN INVESTOR-OWNED UTILITY9 |
---|
| 1281 | + | THAT PROVIDES ELECTRIC OR THERMAL ENERGY SHALL, WITHIN A10 |
---|
| 1282 | + | GENERAL RATE CASE REQUEST, SUBMIT TO THE COMMISSION A PROPOSAL11 |
---|
| 1283 | + | FOR A VOLUNTARY RATE OR RATES FOR ENERGY SUPPLIED TO RESIDENTIAL12 |
---|
| 1284 | + | CUSTOMERS WHO UTILIZE A HEAT PUMP AS THEIR PRIMARY HEATING13 |
---|
| 1285 | + | SOURCE, WHICH VOLUNTARY RATE OR RATES :14 |
---|
| 1286 | + | (a) MAY BE NEW RATES, NEW OR EXISTING RIDERS, OR15 |
---|
| 1287 | + | INCORPORATED INTO AN EXISTING TIME -OF-USE RATE;16 |
---|
| 1288 | + | (b) IF COST-JUSTIFIED, ARE DESIGNED TO LOWER THE AVERAGE17 |
---|
| 1289 | + | MONTHLY ENERGY BILL OF RESIDENTIAL CUSTOMERS WHO UTILIZE A HEAT18 |
---|
| 1290 | + | PUMP AS THEIR PRIMARY HEATING SOURCE ; AND19 |
---|
| 1291 | + | (c) AVOID CROSS-SUBSIDIES FROM OTHER CUSTOMERS .20 |
---|
| 1292 | + | SECTION 24. In Session Laws of Colorado 2023, section 4 of21 |
---|
| 1293 | + | chapter 219, amend (1) as follows:22 |
---|
| 1294 | + | Section 4. Appropriation. (1) For the 2023-24 state fiscal year,23 |
---|
| 1295 | + | $370,140 is appropriated to the department of higher education. This24 |
---|
| 1296 | + | appropriation is from the oil and gas conservation and environmental25 |
---|
| 1297 | + | response fund created in section 34-60-122 (5)(a), C.R.S., and is based on26 |
---|
| 1298 | + | an assumption that the department will require an additional 3.0 FTE. To27 |
---|
| 1299 | + | 214 |
---|
| 1300 | + | -41- implement this act, the department may use this appropriation for the1 |
---|
| 1301 | + | board of governors of the Colorado state university system for the biochar2 |
---|
| 1302 | + | in oil and gas well plugging working advisory group. A |
---|
| 1303 | + | NY MONEY |
---|
| 1304 | + | 3 |
---|
| 1305 | + | APPROPRIATED IN THIS SECTION THAT IS NOT EXPENDED PRIOR TO JULY 1,4 |
---|
| 1306 | + | 2024, |
---|
| 1307 | + | IS FURTHER APPROPRIATED TO THE DEPARTMENT OF HIGHER |
---|
| 1308 | + | 5 |
---|
| 1309 | + | EDUCATION FOR THE 2024-25 STATE FISCAL YEAR FOR THE SAME PURPOSE.6 |
---|
| 1310 | + | SECTION 25. Appropriation - adjustments to 2024 long bill.7 |
---|
| 1311 | + | (1) To implement this act, cash funds appropriations from various8 |
---|
| 1312 | + | sources of cash funds made in the annual general appropriation act for the9 |
---|
| 1313 | + | 2024-25 state fiscal year to the department of revenue are decreased as10 |
---|
| 1314 | + | follows:11 |
---|
| 1315 | + | Executive Director's Office, Administration and Support12 |
---|
| 1316 | + | Personal services $424,00113 |
---|
| 1317 | + | Operating expenses $64,77014 |
---|
| 1318 | + | Taxation Business Group, Administration15 |
---|
| 1319 | + | Tax administration IT system (GenTax) support$765,93416 |
---|
| 1320 | + | Taxation Business Group, Taxation Services17 |
---|
| 1321 | + | Personal services $470,94018 |
---|
| 1322 | + | Operating expenses $36,92519 |
---|
| 1323 | + | Document management $7,59020 |
---|
| 1324 | + | (2) To implement this act, cash funds appropriations from the21 |
---|
| 1325 | + | decarbonization tax credits administration cash fund created in section22 |
---|
| 1326 | + | 24-38.5-120 (2), C.R.S., made in the annual general appropriation act for23 |
---|
| 1327 | + | the 2024-25 state fiscal year to the department of revenue are increased24 |
---|
| 1328 | + | as follows:25 |
---|
| 1329 | + | Executive Director's Office, Administration and Support26 |
---|
| 1330 | + | Personal services $424,00127 |
---|
| 1331 | + | 214 |
---|
| 1332 | + | -42- Operating expenses $64,7701 |
---|
| 1333 | + | Taxation Business Group, Administration2 |
---|
| 1334 | + | Tax administration IT system (GenTax) support$765,9343 |
---|
| 1335 | + | Taxation Business Group, Taxation Services4 |
---|
| 1336 | + | Personal services $470,9405 |
---|
| 1337 | + | Operating expenses $36,9256 |
---|
| 1338 | + | Document management $7,5907 |
---|
| 1339 | + | SECTION 26. Appropriation. For the 2024-25 state fiscal year,8 |
---|
| 1340 | + | $1,058,596 is appropriated to the office of the governor for use by the9 |
---|
| 1341 | + | Colorado energy office. This appropriation consists of $100,000 from the10 |
---|
| 1342 | + | general fund and $958,596 from the decarbonization tax credits11 |
---|
| 1343 | + | administration cash fund created in section 24-38.5-120 (2), C.R.S., and12 |
---|
| 1344 | + | is based on an assumption that the office will require an additional 3.113 |
---|
| 1345 | + | FTE. To implement this act, the office may use this appropriation for14 |
---|
| 1346 | + | program administration.15 |
---|
| 1347 | + | SECTION 27. Safety clause. The general assembly finds,16 |
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| 1348 | + | determines, and declares that this act is necessary for the immediate17 |
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| 1349 | + | preservation of the public peace, health, or safety or for appropriations for18 |
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| 1350 | + | the support and maintenance of the departments of the state and state19 |
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| 1351 | + | institutions.20 |
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| 1352 | + | 214 |
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| 1353 | + | -43- |
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