HOUSE BILL 25-1040
BY REPRESENTATIVE(S) Valdez and Winter T., Barron, Bird, Brooks,
Caldwell, DeGraaf, Duran, Gonzalez R., Johnson, Keltie, Lieder, Lindstedt,
Marshall, Paschal, Pugliese, Richardson, Rutinel, Soper, Weinberg, Woog;
also SENATOR(S) Roberts and Liston, Baisley, Bright, Carson, Catlin,
Frizell, Hinrichsen, Kirkmeyer, Kolker, Lundeen, Marchman, Mullica,
Pelton B., Pelton R., Rich, Rodriguez.
C
ONCERNING THE INCLUSION OF NUCLEAR ENERGY AS A SOURCE OF CLEAN
ENERGY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(a) Colorado's estimated electricity peak demand is projected to
double in the next 5 years;
(b) The current path to eliminating greenhouse gas emissions in
Colorado includes only the use of wind, geothermal, and solar power and
battery storage;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) Providing more options for generating electricity in Colorado
will lead to a less expensive and a more reliable path to eliminating
greenhouse gas emissions;
(d) Advanced nuclear energy can produce higher quantities of clean
energy with a smaller land footprint than other clean energy sources;
(e) Small modular nuclear reactors can replace coal power plants
while maintaining the number of jobs in the communities in which the coal
power plants are located;
(f) New designs for advanced nuclear reactors are being developed
by entrepreneurial companies in the United States seeking to increase the
value of nuclear technology within our energy system. It is estimated that
the designs will be commercially operational this decade and will be ready
for large-scale deployment by the 2030s to help meet domestic and global
clean energy needs.
(g) The development of a small modular reactor can create up to 900
jobs lasting up to 4 years, as well as up to 300 permanent jobs;
(h) Advancements in policy at the federal level, such as the
bipartisan "Atomic Energy Advancement Act", H.R. 6544, will improve
regulatory oversight of nuclear energy by prioritizing workforce training,
environmental protections, and public safety, while reducing reliance on
fossil fuels; and
(i) Through recycling methods, up to 96% of the reusable material
in spent fuel can be recycled.
(2) The general assembly further finds that:
(a) Coloradans care about clean energy; to that end, nuclear energy:
(I) Is currently the single largest source of carbon-free electricity
generation in the United States and around the world, with 94 nuclear
reactors in the United States alone generating about 50% of the country's
carbon-free electricity;
(II) Does not produce carbon dioxide, thus offsetting carbon
PAGE 2-HOUSE BILL 25-1040 emissions; and
(III) Should be included in the statutory definitions of "clean
energy" and "clean energy resource";
(b) In adding nuclear energy to the statutory definitions of "clean
energy" and "clean energy resource", Colorado can continue to spearhead
energy innovations that align with the state's goals of keeping energy
affordable;
(c) On its own, nuclear energy has a 92.7% capacity factor, which
refers to the percentage of time that an electricity-generating source is able
to generate electricity, and is a much higher capacity factor than for all other
generation sources;
(d) Because nuclear energy has such a high capacity factor, utilizing
nuclear energy as a source of clean energy will help Colorado prevent future
blackouts and brownouts;
(e) Nuclear energy can be utilized in conjunction with existing clean
energy sources to lower energy costs for Coloradans and maintain a reliable
source of electricity;
(f) Adding nuclear energy to the statutory definitions of "clean
energy" and "clean energy resource" will attract continued public and
private research funding for innovations in clean energy technology;
(g) Due to current funding levels, nuclear reactor designs that help
decarbonize hard-to-reach industries and locations already exist; and
(h) New innovations such as microreactors would benefit rural areas
by keeping the energy source serving those areas local.
(3) Therefore, the general assembly declares that it is in the best
interest of Colorado to add nuclear energy to the statutory definitions of
"clean energy" and "clean energy resource".
SECTION 2. In Colorado Revised Statutes, 30-20-1202, amend (2)
as follows:
PAGE 3-HOUSE BILL 25-1040 30-20-1202. Definitions. As used in this part 12, unless the context
otherwise requires:
(2) "Clean energy" means energy derived from biomass, as defined
in section 40-2-124 (1)(a)(I); C.R.S., geothermal energy; solar energy; small
hydroelectricity; and NUCLEAR ENERGY, INCLUDING NUCLEAR ENERGY
PROJECTS AWARDED FUNDING THROUGH THE
UNITED STATES DEPARTMENT
OF ENERGY
'S ADVANCED NUCLEAR REACTOR PROGRAMS ; wind energy; as
well as any AND hydrogen derived from any of the foregoing OTHER
ENERGY SOURCES LISTED IN THIS SUBSECTION
(2).
SECTION 3. In Colorado Revised Statutes, 40-2-125.5, amend
(2)(b) as follows:
40-2-125.5. Carbon dioxide emission reductions - goal to
eliminate by 2050 - legislative declaration - interim targets - submission
and approval of plans - definitions - cost recovery - reports - rules.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(b) (I) "Clean energy resource" means any electricity-generating
technology that generates or stores electricity without emitting carbon
dioxide into the atmosphere.
(II) "Clean energy resources" include
RESOURCE" INCLUDES, without
limitation:
(A) Eligible energy resources as defined in section 40-2-124 (1)(a);
AND
(B) NUCLEAR ENERGY, INCLUDING NUCLEAR ENERGY PROJECTS
AWARDED FUNDING THROUGH THE
UNITED STATES DEPARTMENT OF
ENERGY
'S ADVANCED NUCLEAR REACTOR PROGRAMS .
SECTION 4. In Colorado Revised Statutes, 39-4-101, amend (2.4)
as follows:
39-4-101. Definitions. As used in this article 4, unless the context
otherwise requires:
PAGE 4-HOUSE BILL 25-1040 (2.4) (a) EXCEPT AS PROVIDED IN SUBSECTION (2.4)(b) OF THIS
SECTION
, "clean energy resource" has the same meaning as set forth in
section 40-2-125.5 (2)(b).
(b) "C
LEAN ENERGY RESOURCE ", FOR PURPOSES OF PROPERTY
TAXATION UNDER THIS SECTION
, DOES NOT INCLUDE NUCLEAR ENERGY .
SECTION 5. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 25-1040 November 2026 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 25-1040