First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0872.01 Pierce Lively x2059 SENATE BILL 25-182 Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT C ONCERNING ENCOURAGING THE RE DUCTION OF EMBODIED CARBON .101 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 .) Embodied carbon is the carbon associated with greenhouse gas emissions arising from the production, construction, use, and end-of-life of products or systems used in the construction of buildings, roads, and other infrastructure. An embodied carbon improvement is a real property installation or modification that is completed in a manner that generates relatively less embodied carbon. Section 1 of the bill adds embodied carbon improvements to the list of new energy improvements that are eligible for property-assessed SENATE SPONSORSHIP Ball, HOUSE SPONSORSHIP Brown, 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. clean energy financing provided by the Colorado new energy improvement district. Section 2 modifies the industrial clean energy tax credit so that embodied carbon improvements are greenhouse gas emissions reduction improvements. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 32-20-103, amend2 the introductory portion and (7); and add (4.5) as follows:3 32-20-103. Definitions. As used in this article ARTICLE 20, unless4 the context otherwise requires:5 (4.5) "E MBODIED CARBON IMPROVEMENT " MEANS ONE OR MORE6 INSTALLATIONS OR MODIFICATIONS TO REAL PROPERTY THAT7 CUMULATIVELY RESULT IN THE REDUCTION OF THE GLOBAL WARMING8 POTENTIAL AS ESTABLISHED IN POLICIES CREATED BY THE COLORADO9 ENERGY OFFICE CREATED IN SECTION 24-38.5-101.10 (7) "New energy improvement" means one or more on-site energy11 efficiency improvements, EMBODIED CARBON IMPROVEMENTS , renewable12 energy improvements, resiliency improvements, or water efficiency13 improvements made to eligible real property that will reduce the energy14 consumption of or add energy produced from renewable energy sources15 with regard to any portion of the eligible real property.16 SECTION 2. In Colorado Revised Statutes, 39-22-551, amend17 (2)(e)(XVIII); and add (2)(e)(XVIII.5) as follows:18 39-22-551. Industrial clean energy tax credit - tax preference19 performance statement - definitions - report - repeal. (2) Definitions.20 As used in this section, unless the context otherwise requires:21 (e) "Greenhouse gas emissions reduction improvements" means22 improvements that help to measurably reduce greenhouse gas emissions.23 SB25-182-2- "Greenhouse gas emissions reduction improvements" may include one or1 more of the following equipment purchases, improvements, and retrofits:2 (XVIII) Material substitutions within industrial processes to3 reduce industrial process greenhouse gas emissions by a minimum of4 fifteen percent when compared to existing production practices; and5 (XVIII.5) F OR INCOME TAX YEARS COMMENCING ON OR AFTER6 J ANUARY 1, 2025, EMBODIED CARBON IMPROVEMENTS , WHICH ARE7 INSTALLATIONS OR MODIFICATIONS TO REAL PROPERTY THAT8 CUMULATIVELY RESULT IN THE REDUCTION OF THE GLOBAL WARMING9 POTENTIAL OF THE INSTALLATION OR MODIFICATION , AS ESTABLISHED IN10 POLICIES CREATED BY THE COLORADO ENERGY OFFICE , CREATED IN11 SECTION 24-38.5-101. TO QUALIFY AS AN EMBODIED CARBON12 IMPROVEMENT, AN IMPROVEMENT MUST HAVE A GLOBAL WARMING13 POTENTIAL AT LEAST FIFTEEN PERCENT LESS THAN IF THE SAME14 IMPROVEMENT WERE CONSTRUCTED ACCORDING TO A BASELINE15 ESTABLISHED BY DEPARTMENT POLICY .16 SECTION 3. Act subject to petition - effective date. This act17 takes effect at 12:01 a.m. on the day following the expiration of the18 ninety-day period after final adjournment of the general assembly; except19 that, if a referendum petition is filed pursuant to section 1 (3) of article V20 of the state constitution against this act or an item, section, or part of this21 act within such period, then the act, item, section, or part will not take22 effect unless approved by the people at the general election to be held in23 November 2026 and, in such case, will take effect on the date of the24 official declaration of the vote thereon by the governor.25 SB25-182 -3-