Colorado 2025 Regular Session

Colorado House Bill HB1040 Compare Versions

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Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0358.01 Jennifer Berman x3286
1	8		HOUSE BILL 25-1040
2		-	BY REPRESENTATIVE(S) Valdez and Winter T., Barron, Bird, Brooks,
3		-	Caldwell, DeGraaf, Duran, Gonzalez R., Johnson, Keltie, Lieder, Lindstedt,
4		-	Marshall, Paschal, Pugliese, Richardson, Rutinel, Soper, Weinberg, Woog;
5		-	also SENATOR(S) Roberts and Liston, Baisley, Bright, Carson, Catlin,
6		-	Frizell, Hinrichsen, Kirkmeyer, Kolker, Lundeen, Marchman, Mullica,
7		-	Pelton B., Pelton R., Rich, Rodriguez.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Transportation & Energy
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING THE INCLUSION OF NUCLEAR ENERGY AS A SOURCE OF CLEAN
10		-	ENERGY
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds that:
16		-	(a) Colorado's estimated electricity peak demand is projected to
17		-	double in the next 5 years;
18		-	(b) The current path to eliminating greenhouse gas emissions in
19		-	Colorado includes only the use of wind, geothermal, and solar power and
20		-	battery storage;
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (c) Providing more options for generating electricity in Colorado
29		-	will lead to a less expensive and a more reliable path to eliminating
30		-	greenhouse gas emissions;
31		-	(d) Advanced nuclear energy can produce higher quantities of clean
32		-	energy with a smaller land footprint than other clean energy sources;
33		-	(e) Small modular nuclear reactors can replace coal power plants
34		-	while maintaining the number of jobs in the communities in which the coal
35		-	power plants are located;
36		-	(f) New designs for advanced nuclear reactors are being developed
37		-	by entrepreneurial companies in the United States seeking to increase the
38		-	value of nuclear technology within our energy system. It is estimated that
39		-	the designs will be commercially operational this decade and will be ready
40		-	for large-scale deployment by the 2030s to help meet domestic and global
41		-	clean energy needs.
42		-	(g) The development of a small modular reactor can create up to 900
43		-	jobs lasting up to 4 years, as well as up to 300 permanent jobs;
44		-	(h) Advancements in policy at the federal level, such as the
45		-	bipartisan "Atomic Energy Advancement Act", H.R. 6544, will improve
46		-	regulatory oversight of nuclear energy by prioritizing workforce training,
47		-	environmental protections, and public safety, while reducing reliance on
48		-	fossil fuels; and
49		-	(i) Through recycling methods, up to 96% of the reusable material
50		-	in spent fuel can be recycled.
51		-	(2) The general assembly further finds that:
52		-	(a) Coloradans care about clean energy; to that end, nuclear energy:
53		-	(I) Is currently the single largest source of carbon-free electricity
54		-	generation in the United States and around the world, with 94 nuclear
55		-	reactors in the United States alone generating about 50% of the country's
56		-	carbon-free electricity;
57		-	(II) Does not produce carbon dioxide, thus offsetting carbon
58		-	PAGE 2-HOUSE BILL 25-1040 emissions; and
59		-	(III) Should be included in the statutory definitions of "clean
60		-	energy" and "clean energy resource";
61		-	(b) In adding nuclear energy to the statutory definitions of "clean
62		-	energy" and "clean energy resource", Colorado can continue to spearhead
63		-	energy innovations that align with the state's goals of keeping energy
64		-	affordable;
65		-	(c) On its own, nuclear energy has a 92.7% capacity factor, which
66		-	refers to the percentage of time that an electricity-generating source is able
67		-	to generate electricity, and is a much higher capacity factor than for all other
68		-	generation sources;
69		-	(d) Because nuclear energy has such a high capacity factor, utilizing
70		-	nuclear energy as a source of clean energy will help Colorado prevent future
71		-	blackouts and brownouts;
72		-	(e) Nuclear energy can be utilized in conjunction with existing clean
73		-	energy sources to lower energy costs for Coloradans and maintain a reliable
74		-	source of electricity;
75		-	(f) Adding nuclear energy to the statutory definitions of "clean
76		-	energy" and "clean energy resource" will attract continued public and
77		-	private research funding for innovations in clean energy technology;
78		-	(g) Due to current funding levels, nuclear reactor designs that help
79		-	decarbonize hard-to-reach industries and locations already exist; and
80		-	(h) New innovations such as microreactors would benefit rural areas
81		-	by keeping the energy source serving those areas local.
82		-	(3) Therefore, the general assembly declares that it is in the best
83		-	interest of Colorado to add nuclear energy to the statutory definitions of
84		-	"clean energy" and "clean energy resource".
85		-	SECTION 2. In Colorado Revised Statutes, 30-20-1202, amend (2)
86		-	as follows:
87		-	PAGE 3-HOUSE BILL 25-1040 30-20-1202. Definitions. As used in this part 12, unless the context
88		-	otherwise requires:
89		-	(2) "Clean energy" means energy derived from biomass, as defined
90		-	in section 40-2-124 (1)(a)(I); C.R.S., geothermal energy; solar energy; small
91		-	hydroelectricity; and NUCLEAR ENERGY, INCLUDING NUCLEAR ENERGY
92		-	PROJECTS AWARDED FUNDING THROUGH THE
93		-	UNITED STATES DEPARTMENT
94		-	OF ENERGY
95		-	'S ADVANCED NUCLEAR REACTOR PROGRAMS ; wind energy; as
96		-	well as any AND hydrogen derived from any of the foregoing OTHER
97		-	ENERGY SOURCES LISTED IN THIS SUBSECTION
98		-	(2).
99		-	SECTION 3. In Colorado Revised Statutes, 40-2-125.5, amend
100		-	(2)(b) as follows:
101		-	40-2-125.5. Carbon dioxide emission reductions - goal to
102		-	eliminate by 2050 - legislative declaration - interim targets - submission
103		-	and approval of plans - definitions - cost recovery - reports - rules.
104		-	(2) Definitions. As used in this section, unless the context otherwise
105		-	requires:
106		-	(b) (I) "Clean energy resource" means any electricity-generating
107		-	technology that generates or stores electricity without emitting carbon
108		-	dioxide into the atmosphere.
109		-	(II) "Clean energy resources" include
110		-	RESOURCE" INCLUDES, without
111		-	limitation:
112		-	(A) Eligible energy resources as defined in section 40-2-124 (1)(a);
113		-	AND
114		-	(B) NUCLEAR ENERGY, INCLUDING NUCLEAR ENERGY PROJECTS
115		-	AWARDED FUNDING THROUGH THE
116		-	UNITED STATES DEPARTMENT OF
117		-	ENERGY
118		-	'S ADVANCED NUCLEAR REACTOR PROGRAMS .
119		-	SECTION 4. In Colorado Revised Statutes, 39-4-101, amend (2.4)
120		-	as follows:
121		-	39-4-101. Definitions. As used in this article 4, unless the context
122		-	otherwise requires:
123		-	PAGE 4-HOUSE BILL 25-1040 (2.4) (a) EXCEPT AS PROVIDED IN SUBSECTION (2.4)(b) OF THIS
124		-	SECTION
125		-	, "clean energy resource" has the same meaning as set forth in
126		-	section 40-2-125.5 (2)(b).
127		-	(b) "C
128		-	LEAN ENERGY RESOURCE ", FOR PURPOSES OF PROPERTY
129		-	TAXATION UNDER THIS SECTION
130		-	, DOES NOT INCLUDE NUCLEAR ENERGY .
131		-	SECTION 5. Act subject to petition - effective date. This act
132		-	takes effect at 12:01 a.m. on the day following the expiration of the
133		-	ninety-day period after final adjournment of the general assembly; except
134		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
135		-	of the state constitution against this act or an item, section, or part of this act
136		-	within such period, then the act, item, section, or part will not take effect
137		-	unless approved by the people at the general election to be held in
138		-	PAGE 5-HOUSE BILL 25-1040 November 2026 and, in such case, will take effect on the date of the official
139		-	declaration of the vote thereon by the governor.
140		-	____________________________ ____________________________
141		-	Julie McCluskie James Rashad Coleman, Sr.
142		-	SPEAKER OF THE HOUSE PRESIDENT OF
143		-	OF REPRESENTATIVES THE SENATE
144		-	____________________________ ____________________________
145		-	Vanessa Reilly Esther van Mourik
146		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
147		-	OF REPRESENTATIVES THE SENATE
148		-	APPROVED________________________________________
149		-	(Date and Time)
150		-	_________________________________________
151		-	Jared S. Polis
152		-	GOVERNOR OF THE STATE OF COLORADO
153		-	PAGE 6-HOUSE BILL 25-1040
	13	+	ONCERNING THE INCLUSION OF NUCLEAR ENERGY AS A SOURCE OF101
	14	+	CLEAN ENERGY.102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The statutory definition of "clean energy" determines which energy
	23	+	projects are eligible for clean energy project financing at the county and
	24	+	city and county level. The statutory definition of "clean energy resource"
	25	+	determines which energy resources may be used by a qualifying retail
	26	+	utility to meet the 2050 clean energy target. The bill updates the 2
	27	+	statutory definitions to include nuclear energy; except that for property
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 14, 2025
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	March 13, 2025
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 25, 2025
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	February 20, 2025
	40	+	HOUSE SPONSORSHIP
	41	+	Valdez and Winter T., Barron, Bird, Brooks, Caldwell, DeGraaf, Duran, Gonzalez R.,
	42	+	Johnson, Keltie, Lieder, Lindstedt, Marshall, Paschal, Pugliese, Richardson, Rutinel, Soper,
	43	+	Weinberg, Woog
	44	+	SENATE SPONSORSHIP
	45	+	Roberts and Liston, Baisley, Bright, Carson, Catlin, Frizell, Hinrichsen, Kirkmeyer,
	46	+	Kolker, Lundeen, Marchman, Mullica, Pelton B., Pelton R., Rich, Rodriguez
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. valuations made for tax purposes, the bill exempts from the definition of
	50	+	"clean energy resource" nuclear energy generated by a public utility.
	51	+	Be it enacted by the General Assembly of the State of Colorado:1
	52	+	SECTION 1. Legislative declaration. (1) The general assembly2
	53	+	finds that:3
	54	+	(a) Colorado's estimated electricity peak demand is projected to4
	55	+	double in the next 5 years;5
	56	+	(b) The current path to eliminating greenhouse gas emissions in6
	57	+	Colorado includes only the use of wind, geothermal, and solar power and7
	58	+	battery storage;8
	59	+	(c) Providing more options for generating electricity in Colorado9
	60	+	will lead to a less expensive and a more reliable path to eliminating10
	61	+	greenhouse gas emissions;11
	62	+	(d) Advanced nuclear energy can produce higher quantities of12
	63	+	clean energy with a smaller land footprint than other clean energy13
	64	+	sources;14
	65	+	(e) Small modular nuclear reactors can replace coal power plants15
	66	+	while maintaining the number of jobs in the communities in which the16
	67	+	coal power plants are located;17
	68	+	(f) New designs for advanced nuclear reactors are being18
	69	+	developed by entrepreneurial companies in the United States seeking to19
	70	+	increase the value of nuclear technology within our energy system. It is20
	71	+	estimated that the designs will be commercially operational this decade21
	72	+	and will be ready for large-scale deployment by the 2030s to help meet22
	73	+	domestic and global clean energy needs.23
	74	+	(g) The development of a small modular reactor can create up to24
	75	+	900 jobs lasting up to 4 years, as well as up to 300 permanent jobs;25
	76	+	1040-2- (h) Advancements in policy at the federal level, such as the1
	77	+	bipartisan "Atomic Energy Advancement Act", H.R. 6544, will improve2
	78	+	regulatory oversight of nuclear energy by prioritizing workforce training,3
	79	+	environmental protections, and public safety, while reducing reliance on4
	80	+	fossil fuels; and5
	81	+	(i) Through recycling methods, up to 96% of the reusable material6
	82	+	in spent fuel can be recycled.7
	83	+	(2) The general assembly further finds that:8
	84	+	(a) Coloradans care about clean energy; to that end, nuclear9
	85	+	energy:10
	86	+	(I) Is currently the single largest source of carbon-free electricity11
	87	+	generation in the United States and around the world, with 94 nuclear12
	88	+	reactors in the United States alone generating about 50% of the country's13
	89	+	carbon-free electricity;14
	90	+	(II) Does not produce carbon dioxide, thus offsetting carbon15
	91	+	emissions; and16
	92	+	(III) Should be included in the statutory definitions of "clean17
	93	+	energy" and "clean energy resource";18
	94	+	(b) In adding nuclear energy to the statutory definitions of "clean19
	95	+	energy" and "clean energy resource", Colorado can continue to spearhead20
	96	+	energy innovations that align with the state's goals of keeping energy21
	97	+	affordable;22
	98	+	(c) On its own, nuclear energy has a 92.7% capacity factor, which23
	99	+	refers to the percentage of time that an electricity-generating source is24
	100	+	able to generate electricity, and is a much higher capacity factor than for25
	101	+	all other generation sources;26
	102	+	(d) Because nuclear energy has such a high capacity factor,27
	103	+	1040
	104	+	-3- utilizing nuclear energy as a source of clean energy will help Colorado1
	105	+	prevent future blackouts and brownouts;2
	106	+	(e) Nuclear energy can be utilized in conjunction with existing3
	107	+	clean energy sources to lower energy costs for Coloradans and maintain4
	108	+	a reliable source of electricity;5
	109	+	(f) Adding nuclear energy to the statutory definitions of "clean6
	110	+	energy" and "clean energy resource" will attract continued public and7
	111	+	private research funding for innovations in clean energy technology;8
	112	+	(g) Due to current funding levels, nuclear reactor designs that help9
	113	+	decarbonize hard-to-reach industries and locations already exist; and10
	114	+	(h) New innovations such as microreactors would benefit rural11
	115	+	areas by keeping the energy source serving those areas local.12
	116	+	(3) Therefore, the general assembly declares that it is in the best13
	117	+	interest of Colorado to add nuclear energy to the statutory definitions of14
	118	+	"clean energy" and "clean energy resource".15
	119	+	SECTION 2. In Colorado Revised Statutes, 30-20-1202, amend16
	120	+	(2) as follows:17
	121	+	30-20-1202. Definitions. As used in this part 12, unless the18
	122	+	context otherwise requires:19
	123	+	(2) "Clean energy" means energy derived from biomass, as20
	124	+	defined in section 40-2-124 (1)(a)(I); C.R.S., geothermal energy; solar21
	125	+	energy; small hydroelectricity; and NUCLEAR ENERGY , INCLUDING22
	126	+	NUCLEAR ENERGY PROJECTS AWARDED FUNDING THROUGH THE UNITED23
	127	+	S
	128	+	TATES DEPARTMENT OF ENERGY 'S ADVANCED NUCLEAR REACTOR24
	129	+	PROGRAMS; wind energy; as well as any
	130	+	AND hydrogen derived from any25
	131	+	of the foregoing OTHER ENERGY SOURCES LISTED IN THIS SUBSECTION (2).26
	132	+	SECTION 3. In Colorado Revised Statutes, 40-2-125.5, amend27
	133	+	1040
	134	+	-4- (2)(b) as follows:1
	135	+	40-2-125.5. Carbon dioxide emission reductions - goal to2
	136	+	eliminate by 2050 - legislative declaration - interim targets -3
	137	+	submission and approval of plans - definitions - cost recovery -4
	138	+	reports - rules. (2) Definitions. As used in this section, unless the5
	139	+	context otherwise requires:6
	140	+	(b) (I) "Clean energy resource" means any electricity-generating7
	141	+	technology that generates or stores electricity without emitting carbon8
	142	+	dioxide into the atmosphere.9
	143	+	(II) "Clean energy resources" include RESOURCE" INCLUDES,10
	144	+	without limitation:11
	145	+	(A) Eligible energy resources as defined in section 40-2-12412
	146	+	(1)(a);
	147	+	AND13
	148	+	(B) N
	149	+	UCLEAR ENERGY, INCLUDING NUCLEAR ENERGY PROJECTS14
	150	+	AWARDED FUNDING THROUGH THE UNITED STATES DEPARTMENT OF15
	151	+	ENERGY'S ADVANCED NUCLEAR REACTOR PROGRAMS .16
	152	+	SECTION 4. In Colorado Revised Statutes, 39-4-101, amend17
	153	+	(2.4) as follows:18
	154	+	39-4-101. Definitions. As used in this article 4, unless the context19
	155	+	otherwise requires:20
	156	+	(2.4) (a) E
	157	+	XCEPT AS PROVIDED IN SUBSECTION (2.4)(b) OF THIS21
	158	+	SECTION, "clean energy resource" has the same meaning as set forth in22
	159	+	section 40-2-125.5 (2)(b).23
	160	+	(b) "CLEAN ENERGY RESOURCE ", FOR PURPOSES OF PROPERTY24
	161	+	TAXATION UNDER THIS SECTION, DOES NOT INCLUDE NUCLEAR ENERGY .25
	162	+	SECTION 5. Act subject to petition - effective date. This act26
	163	+	takes effect at 12:01 a.m. on the day following the expiration of the27
	164	+	1040
	165	+	-5- ninety-day period after final adjournment of the general assembly; except1
	166	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V2
	167	+	of the state constitution against this act or an item, section, or part of this3
	168	+	act within such period, then the act, item, section, or part will not take4
	169	+	effect unless approved by the people at the general election to be held in5
	170	+	November 2026 and, in such case, will take effect on the date of the6
	171	+	official declaration of the vote thereon by the governor.7
	172	+	1040
	173	+	-6-