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-