Colorado 2025 2025 Regular Session

Colorado House Bill HB1267 Engrossed / Bill

Filed 04/17/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0727.04 Rebecca Bayetti x4348
HOUSE BILL 25-1267
House Committees Senate Committees
Energy & Environment
Appropriations
A BILL FOR AN ACT
C
ONCERNING SUPPORT FOR STATEWIDE ENERGY STRATEGIES , AND, IN101
CONNECTION THEREWITH , MODIFYING THE ELECTRIC VEHICLE102
GRANT FUND WITHIN THE COLORADO ENERGY 
      OFFICE,103
ALLOWING THE COMMUNITY ACCESS ENTERPRISE TO REDUCE104
THE RETAIL DELIVERY FEE IT IMPOSES , REGULATING RETAIL105
ELECTRIC VEHICLE CHARGING , AND MAKING AN106
APPROPRIATION.107
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
HOUSE
Amended 2nd Reading
April 17, 2025
HOUSE SPONSORSHIP
Paschal and McCormick,
SENATE SPONSORSHIP
Winter F. and Amabile,
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. The bill requires the director of the division of oil and public safety
in the department of labor and employment to adopt rules concerning
retail electric vehicle charging by July 1, 2026, and to enforce the rules
beginning July 1, 2027. The bill also broadens the allowable uses of
money in the electric vehicle grant fund within the Colorado energy office
to include:
! Operational and policy work to support electric vehicle
adoption, electric vehicle charging, and affordable, clean
electricity for electric motor vehicles, including covering
the administrative costs of this work; and
! Support for the development and enforcement of retail
electric vehicle charging rules by the division of oil and
public safety.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-20-102, add (5) as2
follows:3
8-20-102.  Duties of director of division of oil and public safety4
- rules. (5)  T
HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY5
SHALL ADOPT AND ENFORCE RULES CONCERNING RETAIL ELECTRIC6
VEHICLE CHARGING AS OUTLINED IN SECTION 8-20-107.7
SECTION 2. In Colorado Revised Statutes, add 8-20-107 as8
follows:9
8-20-107.  Retail electric vehicle charging - rules - definitions.10
(1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11
REQUIRES:12
(a)  "D
EPARTMENT" MEANS THE DEPARTMENT OF LABOR AND13
EMPLOYMENT.14
(b)  "D
IRECTOR" MEANS THE DIRECTOR OF THE DIVISION.15
(c)  "D
IVISION" MEANS THE DIVISION OF OIL AND PUBLIC SAFETY IN16
THE DEPARTMENT.17
1267-2- (d)  "RETAIL ELECTRIC VEHICLE CHARGING " MEANS A PUBLICLY1
ACCESSIBLE ELECTRIC VEHICLE CHARGING STATION WHERE A CHARGE FOR2
SERVICE IS BASED WHOLLY OR PARTIALLY ON THE QUANTITY OF3
ELECTRICITY DISPENSED IN VEHICLE FUEL APPLICATIONS .4
(2) (a) (I)  O
N OR BEFORE JULY 1, 2026, THE DIRECTOR SHALL5
ADOPT RULES CONCERNING RETAIL ELECTRIC VEHICLE CHARGING . THE6
RULES MUST SET FORTH MINIMUM STANDARDS RELATING TO7
SPECIFICATIONS AND TOLERANCES FOR RETAIL ELECTRIC VEHICLE8
CHARGING EQUIPMENT AND MET HODS OF RETAIL SALE AT PUBLICLY9
ACCESSIBLE ELECTRIC VEHICLE CHARGING STATIONS TO PROMOTE10
CONSISTENCY IN THE MARKETPLACE .11
(II)  T
HE DIRECTOR SHALL CONSULT WITH THE DIRECTOR OF THE12
C
OLORADO ENERGY OFFICE, CREATED IN SECTION 24-38.5-101, BEFORE13
INITIATING A RULE-MAKING PROCEEDING ON OR MODIFYING RULES14
CONCERNING RETAIL ELECTRIC VEHICLE CHARGING .15
(b)  T
HE DIVISION SHALL BEGIN ENFORCING THE RULES REQUIRED16
BY THIS SUBSECTION (2) ON JULY 1, 2027, FOR ALL RETAIL ELECTRIC17
VEHICLE CHARGING STATIONS INSTALLED ON OR AFTER JULY 1, 2026.18
R
ETAIL ELECTRIC VEHICLE CHARGING STATIONS INSTALLED BEFORE JULY19
1,
 2026, MUST COMPLY WITH THE SCHEDULE OUTLINED IN THE RULES . THE20
DIRECTOR MAY MODIFY THE RULES AT THE DIRECTOR 'S DISCRETION,21
UTILIZING A PUBLIC STAKEHOLDER PROCESS AND PROVIDING ADVANCE22
NOTICE FOR ANY PROPOSED MODIFICATIONS .23
(c)  E
ACH RULE REQUIRED BY THIS SUBSECTION (2) MUST BE24
REASONABLY NECESSARY FOR THE PROTECTION OF THE HEALTH , WELFARE,25
AND SAFETY OF THE PUBLIC AND PERSONS USING RETAIL ELECTRIC26
VEHICLE CHARGING STATIONS , AND THE RULES MUST SUBSTANTIALLY27
1267
-3- CONFORM WITH THE GENERALLY ACCEPTED STANDARDS OF SAFETY1
CONCERNING ELECTRIC VEHICLE CHARGING . THE DIRECTOR SHALL ADOPT2
THE RULES IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24.3
(3)  THIS SECTION DOES NOT APPLY TO RETAIL ELECTRIC VEHICLE4
CHARGING STATIONS THAT ARE OWNED, MAINTAINED, OR USED BY A5
PUBLIC UTILITY AS DESCRIBED IN SECTION 40-1-103.6
SECTION 3. In Colorado Revised Statutes, 24-38.5-103, amend7
(1)(a)(I)(B); and add (1)(a)(I)(D) and (1)(a)(I)(E) as follows:8
24-38.5-103.  Electric vehicle grant fund - creation -9
administration - legislative declaration. (1) (a) (I)  There is created in10
the state treasury the electric vehicle grant fund, referred to in this section11
as the "fund". The Colorado energy office shall use the fund to:12
(B)  Cover the administrative costs of providing grants pursuant to13
subsection (1)(a)(I)(A) of this section; and14
(D)  S
UPPORT OR DIRECTLY ENGAGE IN OPERATIONAL AND POLICY15
WORK TO SUPPORT ELECTRIC VEHICLE ADOPTION , ELECTRIC VEHICLE16
CHARGING, AND AFFORDABLE , CLEAN ELECTRICITY FOR ELECTRIC17
VEHICLES, INCLUDING COVERING THE ADMINISTRATIVE COSTS OF THIS18
WORK; AND19
(E)  S
UPPORT THE DEVELOPMENT AND ENFORCEMENT OF RETAIL20
ELECTRIC VEHICLE CHARGING RULES BY THE DIVISION OF OIL AND PUBLIC21
SAFETY IN THE DEPARTMENT OF LABOR AND EMPLOYMENT .22
SECTION 4. In Colorado Revised Statutes, 24-38.5-303, amend23
(7)(c)(II); and add (7)(c)(III) as follows:24
24-38.5-303. Community access enterprise - creation - board25
- powers and duties - fund - fee - transparency and reporting.26
(7) (c) (II)  The enterprise is authorized to adjust the amount of the27
1267
-4- community access retail delivery fee for retail deliveries of tangible1
personal property purchased during a state fiscal year. only if the2
department of revenue adjusts the amount of the retail delivery fee3
imposed by section 43-4-218 (3) for retail deliveries of tangible personal4
property purchased during the state fiscal year. 5
(7) (c) (III) (A) NOTWITHSTANDING SUBSECTION (7)(c)(I) OF THIS6
SECTION, IF IMPOSING THE COMMUNITY ACCESS RETAIL DELIVERY FEE IN7
ANY AMOUNT WOULD CAUSE THE ENTERPRISE TO RECEIVE MORE THAN ONE8
HUNDRED MILLION DOLLARS IN TOTAL FEE REVENUE IN ITS FIRST FIVE9
FISCAL YEARS, WHICH FIVE-YEAR PERIOD FOR THE PURPOSE OF SECTION10
24-77-108 ENDS ON JUNE 30, 2026, THE ENTERPRISE SHALL IMPOSE THE11
COMMUNITY ACCESS RETAIL DELIVERY FEE IN A LOWER AMOUNT FOR ALL12
OR A PORTION OF A STATE FISCAL YEAR. ANY REDUCTION IN THE AMOUNT13
OF THE FEE IMPOSED PURSUANT TO THIS SUBSECTION (7)(c)(III) DOES NOT14
REDUCE THE MAXIMUM AMOUNT OF THE FEE THAT THE ENTERPRISE MAY15
IMPOSE IN ANY SUBSEQUENT STATE FISCAL YEAR .16
(B) NOTWITHSTANDING SUBSECTION (7)(c)(I) OF THIS SECTION, IF17
THE ENTERPRISE IMPOSES A LOWER FEE AMOUNT PURSUANT TO THIS18
SUBSECTION (7)(c)(III), THE ENTERPRISE SHALL NOTIFY THE DEPARTMENT19
OF REVENUE OF THE LOWER AMOUNT OF THE COMMUNITY ACCESS RETAIL20
DELIVERY FEE TO BE COLLECTED NO LATER THAN THIRTY DAYS AFTER THE21
DATE OF THE DECISION OF THE GOVERNING BOARD TO LOWER THE FEE AND22
THE DEPARTMENT OF REVENUE SHALL PUBLISH THE LOWER AMOUNT ON23
THE FIRST OF THE MONTH FOLLOWING NOTIFICATION FROM THE24
ENTERPRISE OF THE LOWER FEE AMOUNT, BUT NOT LATER THAN SIXTY25
DAYS FOLLOWING SUCH NOTIFICATION .26
SECTION 5. Appropriation. (1) For the 2025-26 state fiscal27
1267
-5- year, $225,320 is appropriated to the department of labor and employment1
for use by the division of oil and public safety. This appropriation is from2
reappropriated funds received from the office of the governor that is3
continuously appropriated to the Colorado energy office from the electric4
vehicle grant fund created in section 24-38.5-103 (1)(a)(I), C.R.S. To5
implement this act, the division may use this appropriation as follows:6
(a) $87,844 for personal services, which amount is based on an7
assumption that the division will require an additional 1.2 FTE; and8
(b) $137,476 for operating expenses.9
SECTION 6. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2026 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
1267
-6-