First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-0872.01 Pierce Lively x2059 SENATE BILL 25-182 Senate Committees House Committees Transportation & Energy Appropriations 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 3rd Reading Unamended April 17, 2025 SENATE Amended 2nd Reading April 15, 2025 SENATE SPONSORSHIP Ball and Simpson, Amabile, Bridges, Cutter, Daugherty, Exum, Kipp, Winter F. HOUSE SPONSORSHIP Brown and Weinberg, 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. Legislative declaration. (1) The general assembly 2 finds and declares that nothing in Senate Bill 25-182 impacts the ability3 of a local governmental entity to review or approve eligible materials for4 installations or modifications to real property.5 SECTION 2. In Colorado Revised Statutes, 32-20-103, amend6 the introductory portion and (7); and add (4.5) as follows:7 32-20-103. Definitions. As used in this article ARTICLE 20, unless8 the context otherwise requires:9 (4.5) "E MBODIED CARBON IMPROVEMENT " MEANS ONE OR MORE10 INSTALLATIONS OR MODIFICATIONS TO REAL PROPERTY USING ELIGIBLE 11 MATERIALS, AS DEFINED IN SECTION 24-92-118 (2)(b), THAT RESULT IN12 THE REDUCTION OF THE INSTALLATION 'S OR MODIFICATION'S EMBODIED13 EMISSIONS AS ESTABLISHED IN POLICIES CREATED BY THE COLORADO14 ENERGY OFFICE, CREATED IN SECTION 24-38.5-101, AND IN CONSULTATION15 WITH THE OFFICE OF THE STATE ARCHITECT.16 (7) "New energy improvement" means one or more on-site energy17 efficiency improvements, EMBODIED CARBON IMPROVEMENTS , renewable18 energy improvements, resiliency improvements, or water efficiency19 improvements made to eligible real property that will reduce the energy20 consumption of or add energy produced from renewable energy sources21 with regard to any portion of the eligible real property.22 SECTION 3. In Colorado Revised Statutes, 39-22-551, amend23 182-2- (2)(e) introductory portion and (2)(e)(XVIII); and add (2)(e)(XVIII.5) as1 follows:2 39-22-551. Industrial clean energy tax credit - tax preference3 performance statement - definitions - report - repeal. (2) Definitions.4 As used in this section, unless the context otherwise requires:5 (e) "Greenhouse gas emissions reduction improvements" means6 improvements that help to measurably reduce greenhouse gas emissions.7 "Greenhouse gas emissions reduction improvements" may include one or8 more of the following equipment purchases, improvements, and retrofits9 RETROFITS, OR INVESTMENTS:10 (XVIII) Material substitutions within industrial processes to11 reduce industrial process greenhouse gas emissions by a minimum of12 fifteen percent when compared to existing production practices; and13 (XVIII.5) F OR INCOME TAX YEARS COMMENCING ON OR AFTER14 J ANUARY 1, 2026, EMBODIED CARBON INVESTMENTS , WHICH ARE 15 INVESTMENTS IN THE PRODUCTION OF ELIGIBLE MATERIALS , AS DEFINED16 IN SECTION 24-92-118 (2)(b), THAT RESULT IN THE REDUCTION OF THE17 ELIGIBLE MATERIALS' CRADLE-TO-GATE EMBODIED EMISSIONS , AS18 ESTABLISHED IN POLICIES CREATED BY THE COLORADO ENERGY OFFICE,19 CREATED IN SECTION 24-38.5-101, AND IN CONSULTATION WITH THE20 OFFICE OF THE STATE ARCHITECT. TO QUALIFY AS AN EMBODIED CARBON21 INVESTMENT, AN INVESTMENT MUST RESULT IN A FIFTEEN PERCENT OR22 GREATER REDUCTION IN CRADLE -TO-GATE EMBODIED EMISSIONS OF THE23 ELIGIBLE MATERIALS WHEN COMPARED TO THE ELIGIBLE MATERIALS '24 CRADLE-TO-GATE BASELINE AS ESTABLISHED IN STANDARDS AND25 GUIDELINES CREATED BY THE COLORADO ENERGY OFFICE AND IN26 CONSULTATION WITH THE OFFICE OF THE STATE ARCHITECT . A27 182 -3- CRADLE-TO-GATE MEASUREMENT OR BASELINE CONSIDERS THE LIFE CYCLE1 STAGES FOR A PRODUCT INCLUDING , BUT NOT LIMITED TO, THE RAW2 MATERIAL EXTRACTION AND PROCESSING RELATED TO THE PRODUCT , AND3 THE TRANSPORT TO THE MANUFACTURER AND MANUFACTURING OF THE4 PRODUCT.5 SECTION 4. Act subject to petition - effective date. This act6 takes effect at 12:01 a.m. on the day following the expiration of the7 ninety-day period after final adjournment of the general assembly; except8 that, if a referendum petition is filed pursuant to section 1 (3) of article V9 of the state constitution against this act or an item, section, or part of this10 act within such period, then the act, item, section, or part will not take11 effect unless approved by the people at the general election to be held in12 November 2026 and, in such case, will take effect on the date of the13 official declaration of the vote thereon by the governor.14 182 -4-