Calendar Notification of Your Bill Dossier

Bill HB10-1001 - NOT ON CALENDAR

Bill HB10-1042 - NOT ON CALENDAR

Bill HB10-1149 - NOT ON CALENDAR

Bill HB10-1158 - NOT ON CALENDAR

Bill HB10-1174 - NOT ON CALENDAR

Bill HB10-1185 - NOT ON CALENDAR

Bill HB10-1187 - NOT ON CALENDAR

Bill HB10-1292 - NOT ON CALENDAR

Bill HB10-1329 - NOT ON CALENDAR

Bill HB10-1350 - NOT ON CALENDAR

Bill HB10-1396 - NOT ON CALENDAR

Bill SB10-029 - NOT ON CALENDAR

Bill SB10-074 - NOT ON CALENDAR

Bill SB10-082 - NOT ON CALENDAR

Bill SB10-095 - NOT ON CALENDAR

Bill SB10-096 - NOT ON CALENDAR

Bill SB10-164 - NOT ON CALENDAR

Bill SB10-165 - NOT ON CALENDAR

Bill SB10-174 - NOT ON CALENDAR


BILL HB10-1001



Existing law creates a renewable energy portfolio standard (RPS) under which certain electric utilities are required to generate an increasing percentage of their electricity from renewable sources, in a series of increments from 3% in 2007 to 20% in 2020 and thereafter. The bill boosts these RPS percentages to achieve 30% renewable generation by 2020 and requires a portion of the RPS to be met through a subset of renewable generation, "distributed generation" (DG), which does not require additional transmission facilities to connect to the grid. Section 1 of the bill directs the Colorado public utilities commission (PUC) to consider employment and economic factors when evaluating proposed new electric generation resource acquisitions by utilities, including the use of "best value" employment metrics such as the availability of training programs and the wages, health benefits, and pensions that workers will earn. Section 2 defines terms, increases the RPS percentages, and, within each RPS percentage, replaces an existing carve-out for solar generation with a larger carve-out for DG (which includes customer-sited solar generation). Section 2 also directs the PUC to monitor compliance with the DG carve-out by issuing a new series of renewable energy credits (RECs) and by redesignating RECs already earned, when appropriate. Finally, section 2 limits the existing 1.25 multiplier for in-state renewable electric generation to utility-scale projects only. Section 3 gives the PUC discretion to incrementally reduce the existing standard rebate offer (which utilities must pay as an incentive for new customer-sited renewable generation facilities such as rooftop solar panels) from $2 to some lesser amount if the PUC finds that the market no longer requires this level of subsidy. In addition, section 3 requires that the rebate offer for DG systems decline based on market conditions, as determined by the PUC, but allows the PUC to adopt performance-based incentives for DG systems. Section 4 allows a utility to develop and own, as part of its rate base, up to 50% of the DG capacity it acquires from power purchase agreements and new construction if the cost is reasonably comparable to current market cost. Section 4 also requires the PUC to allow a utility cost recovery for the construction of new DG on a par with the cost recovery allowed for new coal-fired facilities. For large DG facilities of one megawatt or more, section 4 directs the PUC to require registration with a regional system for tracking renewable energy generation. Effective January 1, 2012, sections 4 and 7 require new DG installations funded wholly or partly through ratepayer incentives and rebates to be installed by licensed electricians or apprentices, where appropriate, and supervised by persons who are certified by the North American board of certified energy practitioners (NABCEP) or another nationally recognized organization designated by the PUC. Finally, section 4 specifies that DG program expenditures be allocated 10% to wholesale and 90% to retail, with residential and nonresidential retail receiving a proportionate share based on the utility's customer profile. The utility may retain its costs of administering DG programs, not to exceed 5% annually. Section 5 expressly authorizes any committee formed by executive order for the purpose of studying the desirability of regulating solar installers to submit a request for sunrise review by the department of regulatory agencies under the state's sunrise and sunset law. Sections 5 and 6 require that for projects funded by federal or state grants or by clean energy loans made through the state's clean energy finance program, the licensing and NABCEP requirements apply beginning July 1, 2011. Section 8 defines special terms used in sections 4 to 7.

Status
01/13/2010 Introduced In House - Assigned to Transportation & Energy
01/13/2010 Introduced In House - Assigned to Transportation & Energy + Appropriations
02/05/2010 House Committee on Transportation & Energy Refer Amended to Appropriations
02/09/2010 House Committee on Appropriations Refer Amended to House Committee of the Whole
02/11/2010 House Second Reading Passed with Amendments
02/12/2010 House Third Reading Passed
02/16/2010 Introduced In Senate - Assigned to Local Government and Energy
02/16/2010 Introduced In Senate - Assigned to Local Government and Energy + Appropriations
03/02/2010 Senate Committee on Local Government and Energy Refer Unamended to Appropriations
03/04/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
03/04/2010 Senate Second Reading Special Order - Passed with Amendments
03/05/2010 Senate Third Reading Passed
03/08/2010 House Considered Senate Amendments - Result was to Concur - Repass
03/18/2010 Signed by the Speaker of the House
03/22/2010 Signed by the President of the Senate
03/22/2010 Sent to the Governor
03/22/2010 Governor Action - Signed

Amendment

House Journal, February 8
5 HB10-1001 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, strike everything below the enacting clause and
10 substitute:
11
12 "SECTION 1. The introductory portion to 40-2-124 (1) and 40-2-
13 124 (1) (a), (1) (c) (I), (1) (c) (II), (1) (c) (III), (1) (c) (IV), and (1) (c)
14 (VIII), Colorado Revised Statutes, are amended to read:
15
16 40-2-124. Renewable energy standard - definitions - net
17 metering - legislative declaration. (1) Each provider of retail electric
18 service in the state of Colorado, other than municipally owned utilities
19 that serve forty thousand customers or less FEWER, shall be considered a
20 qualifying retail utility. Each qualifying retail utility, with the exception
21 of cooperative electric associations that have voted to exempt themselves
22 from commission jurisdiction pursuant to section 40-9.5-104 and
23 municipally owned utilities, shall be subject to the rules established under
24 this article by the commission. No additional regulatory authority of the
25 commission other than that specifically contained in this section is
26 provided or implied. In accordance with article 4 of title 24, C.R.S., on
27 or before October 1, 2007, the commission shall revise or clarify existing
28 rules to establish the following:
29
30 (a) Definitions of eligible energy resources that can be used to
31 meet the standards. "Eligible energy resources" means recycled energy
32 and renewable energy resources. "Renewable energy resources" means
33 solar, wind, geothermal, biomass, new hydroelectricity with a nameplate
34 rating of ten megawatts or less, and hydroelectricity in existence on
35 January 1, 2005, with a nameplate rating of thirty megawatts or less. The
36 commission shall determine, following an evidentiary hearing, the extent
37 to which such electric generation technologies utilized in an optional
38 pricing program may be used to comply with this standard. A fuel cell
39 using hydrogen derived from an eligible energy resource is also an
40 eligible electric generation technology. Fossil and nuclear fuels and their
41 derivatives are not eligible energy resources. For purposes of this section:
42
43 (I) "Biomass" means:
44
45 (A) Nontoxic plant matter consisting of agricultural crops or their
46 byproducts, urban wood waste, mill residue, slash, or brush;
47
48 (B) Animal wastes and products of animal wastes; or
49
50 (C) Methane produced at landfills or as a by-product of the
51 treatment of wastewater residuals.
52
53 (II) "DISTRIBUTED RENEWABLE ELECTRIC GENERATION" OR
54 "DISTRIBUTED GENERATION" MEANS:
55
56 (A) RETAIL DISTRIBUTED GENERATION; AND
1 (B) WHOLESALE DISTRIBUTED GENERATION.
2
3 (II) (III) "Recycled energy" means energy produced by a
4 generation unit with a nameplate capacity of not more than fifteen
5 megawatts that converts the otherwise lost energy from the heat from
6 exhaust stacks or pipes to electricity and that does not combust additional
7 fossil fuel. "Recycled energy" does not include energy produced by any
8 system that uses energy, lost or otherwise, from a process whose primary
9 purpose is the generation of electricity, including, without limitation, any
10 process involving engine-driven generation or pumped hydroelectricity
11 generation.
12
13 (IV) "RENEWABLE ENERGY RESOURCES" MEANS SOLAR, WIND,
14 GEOTHERMAL, BIOMASS, NEW HYDROELECTRICITY WITH A NAMEPLATE
15 RATING OF TEN MEGAWATTS OR LESS, AND HYDROELECTRICITY IN
16 EXISTENCE ON JANUARY 1, 2005, WITH A NAMEPLATE RATING OF THIRTY
17 MEGAWATTS OR LESS.
18
19 (V) "RETAIL DISTRIBUTED GENERATION" MEANS A RENEWABLE
20 ENERGY RESOURCE THAT IS LOCATED ON THE SITE OF A CUSTOMER'S
21 FACILITIES AND IS INTERCONNECTED ON THE CUSTOMER'S SIDE OF THE
22 UTILITY METER. IN ADDITION, RETAIL DISTRIBUTED GENERATION SHALL
23 PROVIDE ELECTRIC ENERGY PRIMARILY TO SERVE THE CUSTOMER'S LOAD
24 AND SHALL BE SIZED TO SUPPLY NO MORE THAN ONE HUNDRED TWENTY
25 PERCENT OF THE AVERAGE ANNUAL CONSUMPTION OF ELECTRICITY BY THE
26 CUSTOMER AT THAT SITE. FOR PURPOSES OF THIS SUBPARAGRAPH (V), THE
27 CUSTOMER'S "SITE" INCLUDES ALL CONTIGUOUS PROPERTY OWNED OR
28 LEASED BY THE CUSTOMER WITHOUT REGARD TO INTERRUPTIONS IN
29 CONTIGUITY CAUSED BY EASEMENTS, PUBLIC THOROUGHFARES,
30 TRANSPORTATION RIGHTS-OF-WAY, OR UTILITY RIGHTS-OF-WAY.
31
32 (VI) "WHOLESALE DISTRIBUTED GENERATION" MEANS A
33 RENEWABLE ENERGY RESOURCE IN COLORADO WITH A NAMEPLATE
34 RATING OF THIRTY MEGAWATTS OR LESS AND THAT DOES NOT QUALIFY AS
35 RETAIL DISTRIBUTED GENERATION.
36
37 (c) Electric resource standards:
38
39 (I) Except as provided in subparagraph (V) of this paragraph (c),
40 the electric resource standards shall require each qualifying retail utility
41 to generate, or cause to be generated, electricity from eligible energy
42 resources in the following minimum amounts:
43
44 (A) Three percent of its retail electricity sales in Colorado for the
45 year 2007;
46
47 (B) Five percent of its retail electricity sales in Colorado for the
48 years 2008 through 2010;
49
50 (C) Ten TWELVE percent of its retail electricity sales in Colorado
51 for the years 2011 through 2014, WITH DISTRIBUTED GENERATION
52 EQUALING AT LEAST ONE PERCENT OF ITS RETAIL ELECTRICITY SALES IN
53 2011 AND 2012 AND ONE AND ONE-FOURTH PERCENT OF ITS RETAIL
54 ELECTRICITY SALES IN 2013 AND 2014;
55
56 (D) Fifteen TWENTY percent of its retail electricity sales in
1 Colorado for the years 2015 through 2019, WITH DISTRIBUTED
2 GENERATION EQUALING AT LEAST ONE AND THREE-FOURTHS PERCENT OF
3 ITS RETAIL ELECTRICITY SALES IN 2015 AND 2016 AND TWO PERCENT OF
4 ITS RETAIL ELECTRICITY SALES IN 2017, 2018, AND 2019; and
5
6 (E) Twenty THIRTY percent of its retail electricity sales in
7 Colorado for the years 2020 and thereafter, WITH DISTRIBUTED
8 GENERATION EQUALING AT LEAST THREE PERCENT OF ITS RETAIL
9 ELECTRICITY SALES.
10
11 (II) (A) Of the amounts OF DISTRIBUTED GENERATION in SUB-
12 SUBPARAGRAPHS (C), (D), AND (E) OF subparagraph (I) of this paragraph
13 (c), at least four percent shall be derived from solar electric generation
14 technologies. At least one-half of this four percent shall be derived from
15 solar electric technologies located on-site at customers' facilities RETAIL
16 DISTRIBUTED GENERATION.
17
18 (B) Solar generating equipment located on-site at customers'
19 facilities shall be sized to supply no more than one hundred twenty
20 percent of the average annual consumption of electricity by the consumer
21 at that site. For purposes of this sub-subparagraph (B), the consumer's
22 "site" shall include all contiguous property owned or leased by the
23 consumer, without regard to interruptions in contiguity caused by
24 easements, public thoroughfares, transportation rights-of-way, or utility
25 rights-of-way.
26
27 (C) DISTRIBUTED GENERATION AMOUNTS IN THE ELECTRIC
28 RESOURCE STANDARD FOR THE YEARS 2015 AND THEREAFTER MAY BE
29 CHANGED BY THE COMMISSION FOR THE PERIOD AFTER DECEMBER 31,
30 2014, IF THE COMMISSION FINDS, UPON APPLICATION BY A QUALIFYING
31 RETAIL UTILITY, THAT THESE PERCENTAGE REQUIREMENTS ARE NO LONGER
32 IN THE PUBLIC INTEREST. IF SUCH A FINDING IS MADE, THE COMMISSION
33 MAY SET THE LOWER DISTRIBUTED GENERATION REQUIREMENTS, IF ANY,
34 THAT SHALL APPLY AFTER DECEMBER 31, 2014. IF THE COMMISSION FINDS
35 THAT THE PUBLIC INTEREST REQUIRES AN INCREASE IN THE DISTRIBUTED
36 GENERATION REQUIREMENTS, THE COMMISSION SHALL REPORT ITS
37 FINDINGS TO THE GENERAL ASSEMBLY.
38
39 (III) Each kilowatt-hour of electricity generated from eligible
40 energy resources in Colorado, OTHER THAN RETAIL DISTRIBUTED
41 GENERATION, shall be counted as one and one-quarter kilowatt-hours for
42 the purposes of compliance with this standard.
43
44 (IV) To the extent that the ability of a qualifying retail utility to
45 acquire eligible energy resources is limited by a requirements contract
46 with a wholesale electric supplier, the qualifying retail utility shall acquire
47 the maximum amount allowed by the contract. For any shortfalls to the
48 amounts established by the commission pursuant to subparagraph (I) of
49 this paragraph (c), the qualifying retail utility shall acquire an equivalent
50 amount of either renewable energy credits; documented and verified
51 energy savings through energy efficiency and conservation programs; or
52 a combination of both. Any contract entered into by a qualifying retail
53 utility after December 1, 2004, shall not conflict with this article SECTION.
54
55 (VIII) Each kilowatt-hour of Electricity from eligible energy
56 resources may take advantage of SHALL BE SUBJECT TO only one of the
1 methods for counting kilowatt-hours set forth in subparagraphs (III), (VI),
2 and (VII) of this paragraph (c).
3
4 SECTION 2. The introductory portion to 40-2-124 (1) and 40-2-
5 124 (1) (e) (I), Colorado Revised Statutes, are amended, and the said 40-
6 2-124 (1) (e) is further amended BY THE ADDITION OF THE
7 FOLLOWING NEW SUBPARAGRAPHS, to read:
8
9 40-2-124. Renewable energy standard - definitions - net
10 metering - legislative declaration. (1) Each provider of retail electric
11 service in the state of Colorado, other than municipally owned utilities
12 that serve forty thousand customers or less FEWER, shall be considered a
13 qualifying retail utility. Each qualifying retail utility, with the exception
14 of cooperative electric associations that have voted to exempt themselves
15 from commission jurisdiction pursuant to section 40-9.5-104 and
16 municipally owned utilities, shall be subject to the rules established under
17 this article by the commission. No additional regulatory authority of the
18 commission other than that specifically contained in this section is
19 provided or implied. In accordance with article 4 of title 24, C.R.S., on
20 or before October 1, 2007, the commission shall revise or clarify existing
21 rules to establish the following:
22
23 (e) A standard rebate offer program, under which:
24
25 (I) (A) Each qualifying retail utility, except for cooperative
26 electric associations and municipally owned utilities, shall make available
27 to its retail electricity customers a standard rebate offer of a minimum of
28 two dollars SPECIFIED AMOUNT per watt for the installation of eligible
29 solar electric generation on customers' premises up to a maximum of one
30 hundred kilowatts per installation.
31
32 (B) Such THE STANDARD REBATE offer shall allow the customer's
33 retail electricity consumption to be offset by the solar electricity
34 generated. To the extent that solar electricity generation exceeds the
35 customer's consumption during a billing month, such excess electricity
36 shall be carried forward as a credit to the following month's consumption.
37 To the extent that solar electricity generation exceeds the customer's
38 consumption during a calendar year, the customer shall be reimbursed by
39 the qualifying retail utility at its average hourly incremental cost of
40 electricity supply over the prior twelve-month period unless the customer
41 makes a one-time election, in writing, to request that the excess electricity
42 be carried forward as a credit from month to month indefinitely until the
43 customer terminates service with the qualifying retail utility, at which
44 time no payment shall be required from the qualifying retail utility for any
45 remaining excess electricity supplied by the customer. The qualifying
46 retail utility shall not apply unreasonably burdensome interconnection
47 requirements in connection with this standard rebate offer. Electricity
48 generated under this program shall be eligible for the qualifying retail
49 utility's compliance with this article.
50
51 (I.5) THE AMOUNT OF THE STANDARD REBATE OFFER SHALL BE
52 TWO DOLLARS PER WATT; EXCEPT THAT THE COMMISSION MAY SET THE
53 REBATE AT A LOWER AMOUNT IF THE COMMISSION DETERMINES, BASED
54 UPON A QUALIFYING RETAIL UTILITY'S RENEWABLE RESOURCE PLAN OR
55 APPLICATION, THAT MARKET CHANGES SUPPORT THE CHANGE.
56
1 SECTION 3. The introductory portion to 40-2-124 (1) and 40-2-
2 124 (1) (f) (IV), (1) (g) (I), (1) (g) (III), (1) (g) (IV), and (1) (i), Colorado
3 Revised Statutes, are amended, and the said 40-2-124 (1) (f) is further
4 amended BY THE ADDITION OF A NEW SUBPARAGRAPH, to read:
5
6 40-2-124. Renewable energy standard - definitions - net
7 metering - legislative declaration. (1) Each provider of retail electric
8 service in the state of Colorado, other than municipally owned utilities
9 that serve forty thousand customers or less FEWER, shall be considered a
10 qualifying retail utility. Each qualifying retail utility, with the exception
11 of cooperative electric associations that have voted to exempt themselves
12 from commission jurisdiction pursuant to section 40-9.5-104 and
13 municipally owned utilities, shall be subject to the rules established under
14 this article by the commission. No additional regulatory authority of the
15 commission other than that specifically contained in this section is
16 provided or implied. In accordance with article 4 of title 24, C.R.S., on
17 or before October 1, 2007, the commission shall revise or clarify existing
18 rules to establish the following:
19
20 (f) Policies for the recovery of costs incurred with respect to these
21 standards for qualifying retail utilities that are subject to rate regulation
22 by the commission. These policies shall provide incentives to qualifying
23 retail utilities to invest in eligible energy resources in the state of
24 Colorado. Such policies shall include:
25
26 (IV) Considering, when the qualifying retail utility applies for a
27 certificate of public convenience and necessity under section 40-5-101,
28 rate recovery mechanisms that provide for earlier and timely recovery of
29 costs prudently and reasonably incurred by the qualifying retail utility in
30 developing, constructing, and operating the eligible energy resource,
31 including:
32
33 (A) Rate adjustment clauses until the costs of the eligible energy
34 resource can be included in the utility's base rates; and
35
36 (B) A current return on the utility's capital expenditures during
37 construction at the utility's weighted average cost of capital, including its
38 most recently authorized rate of return on equity, during the construction,
39 startup, and operation phases of the eligible energy resource;
40
41 (VII) A REQUIREMENT THAT ALL DISTRIBUTED RENEWABLE
42 ELECTRIC GENERATION FACILITIES WITH A NAMEPLATE RATING OF ONE
43 MEGAWATT OR MORE BE REGISTERED WITH A RENEWABLE ENERGY
44 GENERATION INFORMATION TRACKING SYSTEM DESIGNATED BY THE
45 COMMISSION.
46
47 (g) Retail rate impact rule:
48
49 (I) (A) Except as otherwise provided in subparagraph (IV) of this
50 paragraph (g), for each qualifying utility, the commission shall establish
51 a maximum retail rate impact for this section of two percent of the total
52 electric bill annually for each customer. The retail rate impact shall be
53 determined net of new alternative sources of electricity supply from
54 noneligible energy resources that are reasonably available at the time of
55 the determination.
56
1 (B) If the retail rate impact does not exceed the maximum impact
2 permitted by this paragraph (g), the qualifying utility may acquire more
3 than the minimum amount of eligible energy resources and renewable
4 energy credits required by this section. AT THE REQUEST OF THE
5 QUALIFYING RETAIL UTILITY AND UPON THE COMMISSION'S APPROVAL, THE
6 QUALIFYING RETAIL UTILITY MAY ADVANCE FUNDS FROM YEAR TO YEAR
7 TO AUGMENT THE AMOUNTS COLLECTED FROM RETAIL CUSTOMERS UNDER
8 THIS PARAGRAPH (g) FOR THE ACQUISITION OF MORE ELIGIBLE ENERGY
9 RESOURCES. SUCH FUNDS SHALL BE REPAID FROM FUTURE RETAIL RATE
10 COLLECTIONS, WITH INTEREST CALCULATED AT THE QUALIFYING RETAIL
11 UTILITY'S AFTER-TAX WEIGHTED AVERAGE COST OF CAPITAL, SO LONG AS
12 THE RETAIL RATE IMPACT DOES NOT EXCEED TWO PERCENT OF THE TOTAL
13 ANNUAL ELECTRIC BILL FOR EACH CUSTOMER.
14
15 (C) AS BETWEEN RESIDENTIAL AND NONRESIDENTIAL RETAIL
16 DISTRIBUTED GENERATION, THE COMMISSION SHALL DIRECT THE UTILITY
17 TO ALLOCATE ITS EXPENDITURES ACCORDING TO THE PROPORTION OF THE
18 UTILITY'S REVENUE DERIVED FROM EACH OF THESE CUSTOMER GROUPS;
19 EXCEPT THAT THE UTILITY MAY ACQUIRE RETAIL DISTRIBUTED
20 GENERATION AT LEVELS THAT DIFFER FROM THESE GROUP ALLOCATIONS
21 BASED UPON MARKET RESPONSE TO THE UTILITY'S PROGRAMS.
22
23 (III) Subject to the maximum retail rate impact permitted by this
24 paragraph (g), the qualifying retail utility shall have the discretion to
25 determine, in a nondiscriminatory manner, the price it will pay for
26 renewable energy credits from on-site customer facilities that are no
27 larger than one FIVE hundred kilowatts.
28
29 (IV) (A) For cooperative electric associations, the maximum retail
30 rate impact for this section is one percent of the total electric bill annually
31 for each customer.
32
33 (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH
34 (g), THE COMMISSION MAY ENSURE THAT CUSTOMERS WHO INSTALL
35 DISTRIBUTED GENERATION CONTINUE TO CONTRIBUTE, IN A
36 NONDISCRIMINATORY FASHION, THEIR FAIR SHARE TO THEIR UTILITY'S
37 RENEWABLE ENERGY PROGRAM FUND OR EQUIVALENT RENEWABLE
38 ENERGY SUPPORT MECHANISM EVEN IF SUCH CONTRIBUTION RESULTS IN A
39 CHARGE THAT EXCEEDS TWO PERCENT OF SUCH CUSTOMERS' ANNUAL
40 ELECTRIC BILLS.
41
42 (i) Rules necessary for the administration of this article including
43 enforcement mechanisms necessary to ensure that each qualifying retail
44 utility complies with this standard, and provisions governing the
45 imposition of administrative penalties assessed after a hearing held by the
46 commission pursuant to section 40-6-109. The commission shall exempt
47 a qualifying retail utility from administrative penalties for an individual
48 compliance year if the utility demonstrates that the retail rate impact cap
49 described in paragraph (g) of this subsection (1) has been reached and the
50 utility has not achieved full compliance with paragraph (c) of this
51 subsection (1). THE QUALIFYING RETAIL UTILITY'S ACTIONS UNDER AN
52 APPROVED COMPLIANCE PLAN SHALL CARRY A REBUTTABLE PRESUMPTION
53 OF PRUDENCE. Under no circumstances shall the costs of administrative
54 penalties be recovered from Colorado retail customers.
55
56 SECTION 4. Article 2 of title 40, Colorado Revised Statutes, is
1 amended BY THE ADDITION OF THE FOLLOWING NEW
2 SECTIONS to read:
3
4 40-2-128. Solar photovoltaic installations - supervision by
5 certified practitioners - qualifications of electrical contractors.
6 (1) EFFECTIVE JANUARY 1, 2012, FOR ALL PHOTOVOLTAIC INSTALLATIONS
7 FUNDED WHOLLY OR PARTIALLY THROUGH RATEPAYER-FUNDED
8 INCENTIVES AS PART OF THE RENEWABLE ENERGY STANDARD ADJUSTMENT
9 ALLOWED UNDER SECTION 40-2-124:
10
11 (a) (I) THE PERFORMANCE OF ALL PHOTOVOLTAIC ELECTRICAL
12 WORK, THE INSTALLATION OF PHOTOVOLTAIC MODULES, AND THE
13 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT SHALL
14 BE SUBJECT TO ON-SITE SUPERVISION BY A CERTIFIED PHOTOVOLTAIC
15 ENERGY PRACTITIONER AS DESIGNATED BY THE NORTH AMERICAN BOARD
16 OF CERTIFIED ENERGY PRACTITIONERS (NABCEP) OR ANOTHER
17 NATIONALLY RECOGNIZED PROFESSIONAL ORGANIZATION DESIGNATED BY
18 THE COLORADO STATE ELECTRICAL BOARD BY RULE. UPON THE INITIAL
19 APPLICATION FOR FUNDING OR IN THE INITIAL CONTRACT PROPOSAL, THE
20 APPLICANT SHALL ASSUME RESPONSIBILITY FOR EMPLOYING OR
21 CONTRACTING WITH ONE OR MORE CERTIFIED ENERGY PRACTITIONERS TO
22 SUPERVISE THE INSTALLATION AND AS NECESSARY TO MAINTAIN THE
23 THREE-TO-ONE RATIO REQUIRED BY PARAGRAPHS (b) AND (c) OF THIS
24 SUBSECTION (1), INCLUDING DURING ANY OFF-SITE, PRE-INSTALLATION
25 ASSEMBLY. APPROVAL OF THE PAYMENT OF ANY INCENTIVES FOR THE
26 WORK SHALL BE CONDITIONED UPON THE APPLICANT'S SUPPLYING THE
27 NAME AND CERTIFICATION NUMBER OF EACH CERTIFIED ENERGY
28 PRACTITIONER WHO ACTUALLY PROVIDED ON-SITE SUPERVISION OR WAS
29 PRESENT TO MAINTAIN THE THREE-TO-ONE RATIO REQUIRED BY
30 PARAGRAPHS (c) AND (d) OF THIS SUBSECTION (1).
31
32 (II) NEITHER THE COMMISSION NOR THE UTILITY SHALL HAVE
33 RESPONSIBILITY FOR MONITORING OR ENFORCING COMPLIANCE WITH THIS
34 SECTION. IT SHALL BE THE RESPONSIBILITY OF THE APPLICANT TO OBTAIN
35 THE INFORMATION REQUIRED BY SUBPARAGRAPH (I) OF THIS PARAGRAPH
36 (a), AND IT SHALL BE THE RESPONSIBILITY OF THE QUALIFYING RETAIL
37 UTILITY TO OBTAIN FROM THE APPLICANT AND RETAIN, FOR AT LEAST ONE
38 YEAR AFTER COMPLETION OF THE INSTALLATION, COPIES OF ALL
39 DOCUMENTATION SUBMITTED BY THE APPLICANT IN CONNECTION WITH
40 THE INSTALLATION.
41
42 (b) ALL WORK PERFORMED ON THE ALTERNATING-CURRENT SIDE
43 OF THE INVERTER WILL BE PERFORMED BY AN ELECTRICAL CONTRACTOR
44 WHO EMPLOYS A LICENSED JOURNEYMAN ELECTRICIAN OR A LICENSED
45 RESIDENTIAL WIREMAN WHO WILL PERFORM THE WORK. ALL ELECTRICAL
46 WORK THAT PERTAINS TO ARTICLE 23 OF TITLE 12, C.R.S., WILL BE
47 PERFORMED BY AN ELECTRICAL APPRENTICE REGISTERED WITH THE
48 APPROPRIATE STATE REGULATORY AGENCY, A LICENSED JOURNEYMAN
49 ELECTRICIAN, OR A LICENSED RESIDENTIAL WIREMAN. THE APPROPRIATE
50 RATIO OF NO LESS THAN ONE JOURNEYMAN OR RESIDENTIAL WIREMAN FOR
51 EVERY THREE ELECTRICAL APPRENTICES WILL BE MAINTAINED.
52
53 (c) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
54 MORE THAN FIVE HUNDRED KILOWATTS:
55
56 (I) DURING ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF
1 THE NUMBER OF PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO
2 ARE NEITHER LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL
3 APPRENTICES TO THE NUMBER OF PERSONS WHO ARE CERTIFIED AS
4 PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1) SHALL NEVER
5 EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH LICENSED AND
6 CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF MEASURING THIS
7 RATIO; AND
8
9 (II) THERE SHALL BE AT LEAST ONE ON-SITE SUPERVISOR WHO IS
10 CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
11 DURING THE FOLLOWING STAGES; EXCEPT THAT, IF AT ANY TIME DURING
12 ANY OF THE FOLLOWING STAGES, THERE ARE MORE THAN TWELVE PERSONS
13 ON THE WORK SITE WHO ARE NEITHER LICENSED ELECTRICIANS NOR
14 REGISTERED ELECTRICAL APPRENTICES AND WHO ARE NOT CERTIFIED AS
15 PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1), THERE SHALL BE AT
16 LEAST TWO PERSONS WHO ARE CERTIFIED AS PROVIDED IN PARAGRAPH (a)
17 OF THIS SUBSECTION (1) PRESENT ON THE WORK SITE AND PROVIDING
18 DIRECT SUPERVISION:
19
20 (A) THE INSTALLATION OF PHOTOVOLTAIC MODULES;
21
22 (B) THE INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING
23 EQUIPMENT; AND
24
25 (C) ANY PHOTOVOLTAIC ELECTRICAL WORK.
26
27 (d) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
28 FIVE HUNDRED KILOWATTS OR LESS:
29
30 (I) THE RATIO OF THE NUMBER OF PERSONS WHO ARE ASSISTING
31 WITH THE WORK AND WHO ARE NEITHER LICENSED ELECTRICIANS NOR
32 REGISTERED ELECTRICAL APPRENTICES TO THE NUMBER OF PERSONS WHO
33 ARE CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS SUBSECTION (1)
34 SHALL NEVER EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH
35 LICENSED AND CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF
36 MEASURING THIS RATIO, DURING THE FOLLOWING STAGES:
37
38 (A) THE INSTALLATION OF PHOTOVOLTAIC MODULES;
39
40 (B) THE INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING
41 EQUIPMENT; AND
42
43 (C) ANY PHOTOVOLTAIC ELECTRICAL WORK; AND
44
45 (II) THERE SHALL BE, AT ALL TIMES, AT LEAST ONE ON-SITE
46 SUPERVISOR WHO IS CERTIFIED AS PROVIDED IN PARAGRAPH (a) OF THIS
47 SUBSECTION (1).
48
49 (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
50 REQUIRES:
51
52 (a) (I) "PHOTOVOLTAIC ELECTRICAL WORK" MEANS WIRING,
53 GROUNDING, OR REPAIRING ELECTRICAL APPARATUS AND EQUIPMENT IN
54 A PHOTOVOLTAIC DISTRIBUTED GENERATION SYSTEM.
55
56 (II) "PHOTOVOLTAIC ELECTRICAL WORK" INCLUDES THE PRE-
1 INSTALLATION ASSEMBLY OF PHOTOVOLTAIC MODULES TO PHOTOVOLTAIC
2 MODULE MOUNTING EQUIPMENT FOR INSTALLATION ON-SITE.
3
4 (III) "PHOTOVOLTAIC ELECTRICAL WORK" DOES NOT INCLUDE SITE
5 PREPARATION, TRENCHING OR EXCAVATING, HAULING, OR OTHER WORK
6 THAT IS NOT SPECIFICALLY DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF
7 THIS PARAGRAPH (a).
8
9 (b) "PHOTOVOLTAIC MODULE" MEANS THE MODULE OR PANEL
10 THAT GENERATES ELECTRICITY THROUGH A PHOTOVOLTAIC PROCESS.
11
12 (c) "PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT" MEANS THE
13 RACKING, MOUNTING, APPARATUS, EQUIPMENT, OR STRUCTURE THAT
14 PHYSICALLY SUPPORTS AND SECURES ONE OR MORE PHOTOVOLTAIC
15 MODULES IN PLACE OR TO A ROOF, WALL, FOUNDATION, OR PEDESTAL.
16
17 40-2-129. New resource acquisitions - factors in determination
18 - local employment - "best value" metrics. WHEN EVALUATING
19 ELECTRIC RESOURCE ACQUISITIONS, THE COMMISSION SHALL CONSIDER, ON
20 A QUALITATIVE BASIS, FACTORS THAT AFFECT EMPLOYMENT AND THE
21 LONG-TERM ECONOMIC VIABILITY OF COLORADO COMMUNITIES. TO THIS
22 END, THE COMMISSION SHALL REQUIRE UTILITIES TO REQUEST THE
23 FOLLOWING INFORMATION REGARDING "BEST VALUE" EMPLOYMENT
24 METRICS: THE AVAILABILITY OF TRAINING PROGRAMS, INCLUDING
25 TRAINING THROUGH APPRENTICESHIP PROGRAMS REGISTERED WITH THE
26 UNITED STATES DEPARTMENT OF LABOR, OFFICE OF APPRENTICESHIP AND
27 TRAINING; EMPLOYMENT OF COLORADO WORKERS AS COMPARED TO
28 IMPORTATION OF OUT-OF-STATE WORKERS; LONG-TERM CAREER
29 OPPORTUNITIES; AND INDUSTRY- STANDARD WAGES, HEALTH CARE, AND
30 PENSION BENEFITS. WHEN A UTILITY PROPOSES TO CONSTRUCT NEW
31 FACILITIES OF ITS OWN, THE UTILITY SHALL SUPPLY SIMILAR INFORMATION
32 TO THE COMMISSION.
33
34 SECTION 5. Article 38.5 of title 24, Colorado Revised Statutes,
35 is amended BY THE ADDITION OF A NEW SECTION to read:
36
37 24-38.5-104. Photovoltaic installer qualifications - cooperation
38 with department of regulatory agencies. (1) EFFECTIVE JULY 1, 2011,
39 ALL PHOTOVOLTAIC INSTALLATIONS FUNDED WHOLLY OR PARTIALLY
40 THROUGH STATE OR FEDERAL GRANTS, INCLUDING GRANTS UNDER THE
41 FEDERAL "AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009",
42 PUB.L. 111-5, SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
43 SECTION 40-2-128, C.R.S.
44
45 (2) IF THE GOVERNOR, BY EXECUTIVE ORDER, APPOINTS A
46 COMMITTEE TO STUDY THE DESIRABILITY OF CREDENTIALING OF SOLAR
47 INSTALLERS, THE COMMITTEE, OR THE GOVERNOR'S ENERGY OFFICE ON THE
48 COMMITTEE'S BEHALF, IS SPECIFICALLY AUTHORIZED TO SUBMIT A
49 PROPOSAL FOR SUCH CREDENTIALING TO THE DEPARTMENT OF
50 REGULATORY AGENCIES PURSUANT TO SECTION 24-34-104.1 (2). IN
51 ADDITION, THE COMMITTEE MAY STUDY AND MAKE RECOMMENDATIONS
52 CONCERNING THE SCOPE-OF-WORK PROVISIONS OF SECTION 40-2-128,
53 SPECIFICALLY INCLUDING ENFORCEMENT OF THE SUPERVISION AND
54 WORKER RATIO REQUIREMENTS OF SECTION 40-2-128 (1) (c) AND (1) (d).
55
56 SECTION 6. 24-38.7-104, Colorado Revised Statutes, is
1 amended BY THE ADDITION OF A NEW SUBSECTION to read:
2
3 24-38.7-104. Program administrator - training and
4 certification of contractors - reporting. (2.5) (a) EFFECTIVE JULY 1,
5 2011, THE ISSUANCE OF A CLEAN ENERGY LOAN UNDER THIS ARTICLE FOR
6 THE INSTALLATION OF SOLAR PHOTOVOLTAIC EQUIPMENT SHALL BE
7 CONDITIONED UPON THE BORROWER'S CERTIFICATION THAT:
8
9 (I) THE PERFORMANCE OF ALL PHOTOVOLTAIC ELECTRICAL WORK,
10 THE INSTALLATION OF PHOTOVOLTAIC MODULES, AND THE INSTALLATION
11 OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT SHALL BE SUBJECT TO
12 ON-SITE SUPERVISION BY A CERTIFIED PHOTOVOLTAIC ENERGY
13 PRACTITIONER AS DESIGNATED BY THE NORTH AMERICAN BOARD OF
14 CERTIFIED ENERGY PRACTITIONERS (NABCEP) OR ANOTHER NATIONALLY
15 RECOGNIZED PROFESSIONAL ORGANIZATION DESIGNATED BY THE
16 COLORADO STATE ELECTRICAL BOARD BY RULE. UPON THE INITIAL
17 APPLICATION FOR FUNDING OR IN THE INITIAL CONTRACT PROPOSAL, THE
18 APPLICANT SHALL ASSUME RESPONSIBILITY FOR EMPLOYING OR
19 CONTRACTING WITH ONE OR MORE CERTIFIED ENERGY PRACTITIONERS TO
20 SUPERVISE THE INSTALLATION AND AS NECESSARY TO MAINTAIN THE
21 THREE-TO-ONE RATIO REQUIRED BY SUBPARAGRAPHS (II) AND (III) OF THIS
22 PARAGRAPH (a), INCLUDING DURING ANY OFF-SITE, PRE-INSTALLATION
23 ASSEMBLY. FINAL PAYMENT FOR THE WORK SHALL BE CONDITIONED UPON
24 THE APPLICANT'S SUPPLYING THE NAME AND CERTIFICATION NUMBER OF
25 EACH CERTIFIED ENERGY PRACTITIONER WHO ACTUALLY PROVIDED ON-
26 SITE SUPERVISION OR WAS PRESENT TO MAINTAIN THE THREE-TO-ONE
27 RATIO REQUIRED BY SUBPARAGRAPHS(III) AND (IV) OF THIS SUBSECTION
28 (1).
29
30 (II) ALL WORK PERFORMED ON THE ALTERNATING-CURRENT SIDE
31 OF THE INVERTER WILL BE PERFORMED BY AN ELECTRICAL CONTRACTOR
32 WHO EMPLOYS A LICENSED JOURNEYMAN ELECTRICIAN OR A LICENSED
33 RESIDENTIAL WIREMAN WHO WILL PERFORM THE WORK. ALL ELECTRICAL
34 WORK THAT PERTAINS TO ARTICLE 23 OF TITLE 12, C.R.S., WILL BE
35 PERFORMED BY AN ELECTRICAL APPRENTICE REGISTERED WITH THE
36 APPROPRIATE STATE REGULATORY AGENCY, A LICENSED JOURNEYMAN
37 ELECTRICIAN, OR A LICENSED RESIDENTIAL WIREMAN. THE APPROPRIATE
38 RATIO OF NO LESS THAN ONE JOURNEYMAN OR RESIDENTIAL WIREMAN FOR
39 EVERY THREE ELECTRICAL APPRENTICES WILL BE MAINTAINED.
40
41 (III) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
42 MORE THAN FIVE HUNDRED KILOWATTS:
43
44 (A) DURING ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF
45 THE NUMBER OF PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO
46 ARE NEITHER LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL
47 APPRENTICES TO THE NUMBER OF PERSONS WHO ARE CERTIFIED AS
48 PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) SHALL NEVER
49 EXCEED THREE TO ONE, AND A PERSON WHO IS BOTH LICENSED AND
50 CERTIFIED SHALL NOT COUNT DOUBLE FOR PURPOSES OF MEASURING THIS
51 RATIO; AND
52
53 (B) THERE SHALL BE AT LEAST ONE ON-SITE SUPERVISOR WHO IS
54 CERTIFIED AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a)
55 DURING THE INSTALLATION OF PHOTOVOLTAIC MODULES, THE
56 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT, AND
1 ANY PHOTOVOLTAIC ELECTRICAL WORK; EXCEPT THAT, IF AT ANY TIME
2 DURING ANY OF THESE STAGES, THERE ARE MORE THAN TWELVE PERSONS
3 ON THE WORK SITE WHO ARE NEITHER LICENSED ELECTRICIANS NOR
4 REGISTERED ELECTRICAL APPRENTICES AND WHO ARE NOT CERTIFIED AS
5 PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH (a), THERE SHALL BE
6 AT LEAST TWO PERSONS WHO ARE CERTIFIED AS PROVIDED IN
7 SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) PRESENT ON THE WORK SITE
8 AND PROVIDING DIRECT SUPERVISION:
9
10 (IV) ON A SYSTEM WITH A DIRECT CURRENT DESIGN CAPACITY OF
11 FIVE HUNDRED KILOWATTS OR LESS:
12
13 (A) DURING THE INSTALLATION OF PHOTOVOLTAIC MODULES, THE
14 INSTALLATION OF PHOTOVOLTAIC MODULE MOUNTING EQUIPMENT, AND
15 ANY PHOTOVOLTAIC ELECTRICAL WORK, THE RATIO OF THE NUMBER OF
16 PERSONS WHO ARE ASSISTING WITH THE WORK AND WHO ARE NEITHER
17 LICENSED ELECTRICIANS NOR REGISTERED ELECTRICAL APPRENTICES TO
18 THE NUMBER OF PERSONS WHO ARE CERTIFIED AS PROVIDED IN PARAGRAPH
19 (a) OF THIS SUBSECTION (1) SHALL NEVER EXCEED THREE TO ONE, AND A
20 PERSON WHO IS BOTH LICENSED AND CERTIFIED SHALL NOT COUNT DOUBLE
21 FOR PURPOSES OF MEASURING THIS RATIO; AND
22
23 (B) THERE SHALL BE, AT ALL TIMES, AT LEAST ONE ON-SITE
24 SUPERVISOR WHO IS CERTIFIED AS PROVIDED IN SUBPARAGRAPH (I) OF THIS
25 PARAGRAPH (a).
26
27 (b) AS USED IN THIS SUBSECTION (2.5), THE TERMS
28 "PHOTOVOLTAIC ELECTRICAL WORK" AND "PHOTOVOLTAIC MODULE
29 MOUNTING EQUIPMENT" SHALL HAVE THE MEANINGS SET FORTH IN
30 SECTION 40-2-128, C.R.S.
31
32 SECTION 7. 40-2-109.5, Colorado Revised Statutes, is amended
33 BY THE ADDITION OF A NEW SUBSECTION to read:
34
35 40-2-109.5. Incentives for distributed generation - definition.
36 (3) EFFECTIVE JANUARY 1, 2012, ALL PHOTOVOLTAIC INSTALLATIONS
37 FUNDED WHOLLY OR PARTIALLY THROUGH FINANCIAL INCENTIVES UNDER
38 THIS SECTION SHALL BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
39 SECTION 40-2-128.
40
41 SECTION 8. Act subject to petition - effective date. This act
42 shall take effect at 12:01 a.m. on the day following the expiration of the
43 ninety-day period after final adjournment of the general assembly (August
44 11, 2010, if adjournment sine die is on May 12, 2010); except that, if a
45 referendum petition is filed pursuant to section 1 (3) of article V of the
46 state constitution against this act or an item, section, or part of this act
47 within such period, then the act, item, section, or part shall not take effect
48 unless approved by the people at the general election to be held in
49 November 2010 and shall take effect on the date of the official
50 declaration of the vote thereon by the governor.".
51
52 Page 1, line 106, strike "FIVE" and substitute "THREE".
53
54




BILL HB10-1042
Administration of Stationary Source Air Permits


Section 1 of the bill adds a requirement that the air quality control commission (commission) make an annual public report about stationary industrial sources permits. Consistent with the federal "Clean Air Act", section 2 of the bill exempts small non-Title V sources of air pollution from needing operating permits under the large Title V source permitting category. Current law requires a person granted a construction permit to provide 30 days' advance notice to the division of administration (division) prior to starting the operations for which the permit was granted. Section 3 revises this notice requirement, allowing a newly permitted entity to notify the division within 15 days after the start-up of its permitted operations. Section 3 also deletes a requirement that the commission annually review all permits that required 5 or more hours of professional staff time to process. The open burning law limits the type of materials that can be burned outside and requires a permit to burn approved materials. Section 4 increases the civil penalty from $100 to $1,500 for a violation of the open burning law by a person who conducts a burn for noncommercial purposes without a permit.

Status
01/13/2010 Introduced In House - Assigned to Health and Human Services
01/13/2010 Introduced In House - Assigned to Health and Human Services + Finance
01/28/2010 House Committee on Health and Human Services Refer Unamended to Finance
02/10/2010 House Committee on Finance Refer Amended to House Committee of the Whole
02/17/2010 House Second Reading Laid Over to 02/19/2010
02/19/2010 House Second Reading Passed with Amendments
02/22/2010 House Third Reading Passed
02/24/2010 Introduced In Senate - Assigned to Health and Human Services
02/24/2010 Introduced In Senate - Assigned to Health and Human Services + Finance
03/25/2010 Senate Committee on Health and Human Services Refer Unamended to Finance
04/01/2010 Senate Committee on Finance Refer Amended to Senate Committee of the Whole
04/07/2010 Senate Second Reading Laid Over Daily
04/13/2010 Senate Second Reading Passed
04/14/2010 Senate Third Reading Passed
04/29/2010 Sent to the Governor
04/29/2010 Signed by the Speaker of the House
04/30/2010 Signed by the President of the Senate
04/30/2010 Sent to the Governor
05/06/2010 Governor Action - Signed

Amendment

House Journal, February 19
1 Amendment No. 1, Finance Report, dated February 10, 2010, and placed
2 in member’s bill file; Report also printed in House Journal, February 11,
3 page 304.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7

Senate Journal, April 5
After consideration on the merits, the Committee recommends that HB10-1042 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, strike lines 22 through 27.

Page 4, strike lines 1 through 18 and substitute:

"SECTION 3. Repeal. 25-7-114.5 (14), Colorado Revised
Statutes, is repealed as follows:

25-7-114.5. Application review - public participation.
(14) The commission shall designate a member of the air pollution".


Health &
Human
Services





BILL HB10-1149


The bill updates state radiation control laws as follows: Section 1 of the bill defines the terms "radiation machine", "radioactive", and "state board", changes the defined term "ionizing radiation" to "radiation", and reorganizes existing definitions. Sections 2 and 3 update various language, including references to radiation. Section 4:
* Includes radiation machines among the items for which the state board of health (state board) must promulgate rules;
* Repeals specific provisions containing standards for mammographer rules and deeming a person who possesses a federally issued license to have an identical state-issued license;
* Adds certain application fees to the services for which the state board may establish a fee schedule;
* Requires the state board to set fees for radiation control services at an amount sufficient to reimburse the state for the entire cost of those services, rather than a partial reimbursement;
* Repeals specific rule-making mandates to the state board to establish minimum specifications of radiation machines and radiation machine inspectors and procedures for radiation machine inspection;
* Repeals provisions that prohibit any person not approved by the state board from performing mammographies; and
* Repeals the authorization to the state board to contract for audit inspections of radiation machines. Section 5 adds, as grounds for an injunction, a violation of a license or registration issued under the state radiation control laws. Section 6:
* Makes the attorney general, rather than a district or county attorney, the authority from whom the department of public health and environment (department) may request commencement of a civil action against a person for nonpayment of fees for radiation control services and credits civil penalties collected as penalty for such nonpayment to the general fund;
* Subjects persons violating radiation control laws to an administrative penalty of up to $15,000 per violation per day;
* Requires the department to conduct an exit meeting with an alleged violator if an alleged violation is discovered during the course of an on-site inspection;
* Sets forth factors that the department must consider when determining the amount of an administrative penalty for a violation of radiation control laws;
* Allows the department to enter into settlement agreements regarding resolved penalties and claims under radiation control laws and permits the agreements to include payment of moneys to state or local agencies for environmentally beneficial purposes;
* Repeals provisions regarding orders for abatement; and
* Allows the department to issue a cease-and-desist order under certain conditions and describes procedures and standards for a stay of the order. Section 7:
* Clarifies which minerals are exempt from the radiation control laws that set forth prohibited acts, violations, and penalties; and
* Repeals the exemptions from paying fees for licenses for radioactive materials. Section 8 repeals current law governing provisional licenses, under which such licenses are deemed issued in certain circumstances, and instead places the creation and issuance of provisional licenses within the discretion of the state board.

Status
01/20/2010 Introduced In House - Assigned to Health and Human Services
01/20/2010 Introduced In House - Assigned to Health and Human Services + Appropriations
02/25/2010 House Committee on Health and Human Services Refer Amended to Appropriations
03/12/2010 House Committee on Appropriations Refer Unamended to House Committee of the Whole
03/16/2010 House Second Reading Laid Over Daily
03/17/2010 House Second Reading Passed with Amendments
03/18/2010 House Third Reading Passed
03/23/2010 Introduced In Senate - Assigned to Health and Human Services
03/23/2010 Introduced In Senate - Assigned to Health and Human Services + Finance
04/01/2010 Senate Committee on Health and Human Services Refer Amended to Finance
04/13/2010 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
04/19/2010 Senate Second Reading Passed with Amendments
04/20/2010 Senate Third Reading Passed
04/22/2010 House Considered Senate Amendments - Result was to Laid Over Daily
04/28/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/20/2010 Signed by the President of the Senate
05/20/2010 Signed by the Speaker of the House
05/24/2010 Signed by the President of the Senate
05/24/2010 Sent to the Governor
05/26/2010 Governor Action - Signed

Amendment

House Journal, February 26
51 HB10-1149 be amended as follows, and as so amended, be referred to
52 the Committee on Appropriations with favorable
53 recommendation:
54
55 Amend printed bill, page 9, line 14, strike "schedule" and substitute
56 "schedule, IN ACCORDANCE WITH SECTION 24-4-103, C.R.S.,".
1 Page 9, line 17, strike "BOARD;" and substitute "BOARD, WHICH FEES
2 SHALL BE PAID BY THE APPLICANTS OR SERVICE COMPANIES;".
3
4 Page 10, line 1, before "DIRECT" insert "ACTUAL".
5
6 Page 15, line 2, before "cease-and-desist" insert "rules - ".
7
8 Page 16, strike lines 6 and 7 and substitute "SEND".
9
10 Page 16, line 11, strike "and" and substitute "and".
11
12 Page 16, line 13, strike "violated; AND" and substitute "violated.".
13
14 Page 16, strike lines 14 through 27.
15
16 Page 17, strike lines 1 though 23.
17
18 Page 18, line 5, strike "violation, and" and substitute "violation and".
19
20 Page 18, line 6, strike everything after "CORRECTIVE" and substitute
21 "MEASURES.".
22 Page 18, strike line 7.
23
24 Page 18, strike line 14 and substitute:
25
26 "(IV) AFTER CONSIDERATION OF ANY".
27
28 Page 18, line 16, strike "VIOLATION, AND, IF" and substitute "VIOLATION.".
29
30 Page 18, strike lines 17 and 18 and substitute "ANY REMAINING
31 CORRECTIVE MEASURES THAT ARE NECESSARY, AND ANY ADMINISTRATIVE
32 PENALTY DETERMINED TO BE APPROPRIATE, WILL BE INCORPORATED INTO
33 AN ADMINISTRATIVE ORDER.
34
35 (c.3) IN DETERMINING THE AMOUNT OF ANY ADMINISTRATIVE
36 PENALTY, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING FACTORS:
37
38 (A) THE SERIOUSNESS OF THE VIOLATION;
39
40 (B) WHETHER THE VIOLATION WAS INTENTIONAL, RECKLESS, OR
41 NEGLIGENT;
42
43 (C) THE IMPACT ON, OR THREAT TO, THE PUBLIC HEALTH OR THE
44 ENVIRONMENT AS A RESULT OF THE VIOLATION;
45
46 (D) THE DEGREE OF RECALCITRANCE, IF ANY, ON THE PART OF THE
47 VIOLATOR;
48
49 (E) WHETHER THE VIOLATOR IS A RECIDIVIST;
50
51 (F) THE ECONOMIC BENEFIT REALIZED BY THE VIOLATOR AS A
52 RESULT OF THE VIOLATION;
53
54 (G) THE VIOLATOR'S VOLUNTARY, TIMELY, AND COMPLETE
55 DISCLOSURE OF THE VIOLATION, IF PRIOR TO THE DEPARTMENT'S
56 KNOWLEDGE OF THE VIOLATION, AND IF ALL REPORTS REQUIRED PURSUANT
1 TO STATE ENVIRONMENTAL CONTROL LAWS HAVE BEEN SUBMITTED AS
2 REQUIRED;
3
4 (H) THE VIOLATOR'S FULL AND PROMPT COOPERATION WITH THE
5 DEPARTMENT FOLLOWING DISCLOSURE OR DISCOVERY OF A VIOLATION,
6 INCLUDING, WHEN APPROPRIATE, ENTERING INTO AND IMPLEMENTING, IN
7 GOOD FAITH, A LEGALLY ENFORCEABLE AGREEMENT WITH THE
8 DEPARTMENT TO UNDERTAKE COMPLIANCE AND REMEDIATION EFFORTS;
9
10 (I) THE EXISTENCE OF A COMPREHENSIVE REGULATORY
11 COMPLIANCE PROGRAM OR AN AUDIT PROGRAM THAT THE VIOLATOR
12 ADOPTED IN GOOD FAITH AND IN A TIMELY MANNER, WHICH PROGRAM
13 INCLUDES MEASURES DETERMINED BY THE DEPARTMENT TO BE SUFFICIENT
14 TO IDENTIFY AND PREVENT FUTURE NONCOMPLIANCE; AND
15
16 (J) ANY OTHER AGGRAVATING OR MITIGATING CIRCUMSTANCE.
17
18 (c.5) IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, C.R.S., AND
19 BASED UPON THE FACTORS ENUMERATED IN PARAGRAPH (c.3) OF THIS
20 SUBSECTION (5), THE STATE BOARD SHALL ADOPT RULES FOR
21 DETERMINING ADMINISTRATIVE PENALTIES IMPOSED UNDER THIS
22 SUBSECTION (5).
23
24 (c.7) THE DEPARTMENT MAY COMPROMISE, MITIGATE, OR REMIT
25 AN ADMINISTRATIVE PENALTY IMPOSED PURSUANT TO THIS SUBSECTION
26 (5). THE DEPARTMENT MAY ENTER INTO A SETTLEMENT AGREEMENT
27 REGARDING ANY PENALTY OR CLAIM RESOLVED UNDER THIS PART 1. THE
28 SETTLEMENT AGREEMENT MAY INCLUDE THE PAYMENT OR CONTRIBUTION
29 OF MONEYS TO STATE OR LOCAL AGENCIES FOR OTHER ENVIRONMENTALLY
30 BENEFICIAL PURPOSES.".
31
32 Page 18, strike line 27 and substitute "CIRCUMSTANCES WARRANT,".
33
34 Page 21, line 14, strike "(b.5)" and substitute "(c.3)".
35
36 Page 22, line 18, strike "including such as are OR MINERALS" and
37 substitute "including such as are".
38
39 Page 23, strike lines 2 through 22.
40
41 Renumber succeeding section accordingly.
42
43

Senate Journal, April 5
After consideration on the merits, the Committee recommends that HB10-1149 be
amended as follows, and as so amended, be referred to the Committee on Finance with
favorable recommendation.
Amend reengrossed bill, page 17, line 6, strike "LETTER" and substitute
"LETTER, WITHIN THIRTY DAYS AFTER THE DATE OF THE INFORMAL
CONFERENCE OR THE RECEIPT OF A WRITTEN RESPONSE, WHICHEVER IS
LATER,".

Page 17, strike line 12 and substitute "PENALTY, THE DEPARTMENT SHALL
CONSIDER THE FACTORS IN SUBPARAGRAPHS (I) THROUGH (X) OF THIS
PARAGRAPH (c.3). THE FACTORS CONTAINED IN SUBPARAGRAPHS (VII),
(VIII), AND (IX) OF THIS PARAGRAPH (c.3) ARE MITIGATING FACTORS AND
MAY BE APPLIED, WITH OTHER FACTORS, TO REDUCE ANY ADMINISTRATIVE
PENALTY. SUCH FACTORS ARE:".

Page 17, line 13, strike "(A)" and substitute "(I)".

Page 17, line 14, strike "(B)" and substitute "(II)".

Page 17, line 16, strike "(C)" and substitute "(III)".

Page 17, line 18, strike "(D)" and substitute "(IV)".

Page 17, line 20, strike "(E)" and substitute "(V)".

Page 17, line 21, strike "(F)" and substitute "(VI)".

Page 17, line 23, strike "(G)" and substitute "(VII)".

Page 18, line 1, strike "(H)" and substitute "(VIII)".

Page 18, line 6, strike "(I)" and substitute "(IX)".

Page 18, line 11, strike "(J)" and substitute "(X)".


Health &
Human
Services




BILL HB10-1158


The bill clarifies the ownership of the right to use wind flowing across real property within this state, and specifies that, for purposes of determining the priority of uses between a severed mineral interest and a severed wind interest, the first interest severed is dominant.

Status
01/20/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
02/09/2010 House Committee on Agriculture, Livestock, & Natural Resources Postpone Indefinitely


BILL HB10-1174


Under current law, oil and gas producers and interest owners are permitted to claim a credit against the state severance tax on oil and gas for property taxes paid. Section 2 of the bill reduces the amount of the credit by 50% for a 2-year period beginning on January 1, 2011. Section 3 of the bill requires the additional severance tax revenue paid to the state as a result of the reduction in the amount of the credit to be deposited in the following cash funds:
* 90% to the teacher retention cash fund, which is created in section 1 of the bill; and
* 10% to the small business credit cash fund, which is created in section 2 of the bill. The department of education must distribute moneys in the teacher retention cash fund to school districts and the state charter school institute for further distribution to public schools to be used for teacher retention. This money will be in addition to any other school funding. The Colorado economic development commission shall use the moneys in the small business credit cash fund for the purpose of increasing the availability of credit to small businesses as part of the Colorado credit reserve program administered by the Colorado housing and finance authority.

Status
01/22/2010 Introduced In House - Assigned to Business Affairs and Labor
02/09/2010 House Committee on Business Affairs and Labor Postpone Indefinitely


BILL HB10-1185


Section 1 of the bill changes the date by which a person is required to pay the environmental response surcharge or fee for odorized liquefied petroleum gas and fuel products from the twenty-fifth day to the twenty-sixth day of each calendar month. Current law provides that, beginning July 1, 2012, if the available Waller balance of the petroleum storage tank fund exceeds $8,000,000, no environmental response surcharge shall be imposed. Section 1 extends that date to July 1, 2018. Section 2 extends the date until which moneys in the petroleum storage tank fund may be used to pay for costs related to petroleum storage tank facility inspections and meter calibrations until July 1, 2018.

Status
01/22/2010 Introduced In House - Assigned to Transportation & Energy
02/02/2010 House Committee on Transportation & Energy Refer Amended to House Committee of the Whole
02/05/2010 House Second Reading Laid Over Daily
02/08/2010 House Second Reading Passed with Amendments
02/09/2010 House Third Reading Passed
02/17/2010 Introduced In Senate - Assigned to Transportation
03/11/2010 Senate Committee on Transportation Refer Unamended - Consent Calendar to Senate Committee of the Whole
03/16/2010 Senate Second Reading Passed
03/17/2010 Senate Third Reading Laid Over Daily
03/18/2010 Senate Third Reading Passed
03/29/2010 Signed by the Speaker of the House
03/30/2010 Signed by the President of the Senate
03/31/2010 Sent to the Governor
04/12/2010 Governor Action - Signed

Amendment

House Journal, February 3
27 HB10-1185 be amended as follows, and as so amended, be referred to
28 the Committee of the Whole with favorable
29 recommendation:
30
31 Amend printed bill, page 2, line 2, strike "(a) and" and substitute "(a),"
32 and before "Colorado" insert "and (2),".
33
34 Page 2, line 11, strike "on or" and substitute "on or".
35
36 Page 2, strike line 12 and substitute "before the twenty-fifth day of each
37 calendar month, either".
38
39 Page 3, after line 3 insert:
40
41 "(2) The FEE OR surcharge imposed by subsection (1) of this
42 section shall be collected, administered, and enforced in the same manner
43 as the fuel taxes imposed pursuant to the provisions of article 27 of title
44 39, C.R.S., and the same penalty and interest provisions shall apply.".




BILL HB10-1187


This bill establishes when a gas and electric public utility (public utility) may recover from a customer certain costs to remediate environmental contamination incurred when providing service to that customer. "Gas and electric public utility" is defined as an investor-owned public utility that is the sole available provider of either gas or electric services to a Colorado customer in the area where the customer's property is located. For commercial customers requesting new gas or electric service or relocation of existing utility facilities:
* The customer may perform the necessary work in which case the public utility may neither charge the customer nor retain any moneys paid to the public utility by the customer for such work;
* The customer can identify a mutually acceptable alternative alignment on which to install or relocate the facilities, if the customer can demonstrate, through a phase I or phase II site assessment, that environmental contamination is not reasonably likely to be present on the alternative alignment; or
* The customer can reimburse the public utility for managing and disposing of the environmental contamination; except that, if the nature or extent of environmental contamination warrants, the public utility may require the customer to perform that work. If a dispute about the presence, nature, or extent of environmental contamination arises, the public utility must provide reasonable evidence of the contamination. The public utilities commission must adopt rules regarding procedures to hear such disputes on an expedited basis. The public utilities commission may establish a uniform fee paid by all of the public utility's customers to recover the actual costs of addressing environmental contamination of public rights-of-way and other locations for which recovery of such costs is not otherwise authorized.

Status
01/22/2010 Introduced In House - Assigned to Transportation & Energy
04/20/2010 House Committee on Transportation & Energy Committee Vote - Tie Vote
05/12/2010 House Committee on Transportation & Energy Postpone Indefinitely


BILL HB10-1292


In connection with conditions that may be imposed on land-use approvals by local governments under statutory provisions governing the regulatory impairment of property rights, the bill addresses the construction of the requirement prohibiting a local government from imposing any discretionary condition upon a land-use approval unless the condition is based upon duly adopted standards that are sufficiently specific to ensure that the condition is imposed in a rational and consistent manner. The bill clarifies that the phrase "any discretionary condition" refers back to the constitutionally based conditions found in a previous provision and, accordingly, does not create an independent cause of action under the statute.

Status
02/05/2010 Introduced In House - Assigned to Local Government
02/23/2010 House Committee on Local Government Refer Amended to House Committee of the Whole
02/26/2010 House Second Reading Laid Over Daily
03/01/2010 House Second Reading Passed with Amendments
03/02/2010 House Third Reading Laid Over Daily
03/03/2010 House Third Reading Passed
03/09/2010 Introduced In Senate - Assigned to Local Government and Energy
03/18/2010 Senate Committee on Local Government and Energy Refer Unamended to Senate Committee of the Whole
03/23/2010 Senate Second Reading Laid Over Daily
03/25/2010 Senate Second Reading Laid Over to 03/29/2010
03/29/2010 Senate Second Reading Laid Over to 05/13/2010

Amendment

House Journal, February 24
5 HB10-1292 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 15, strike "10-____," and substitute
10 "10-1292,".
11
12




BILL HB10-1329


Section 1 of the bill adds a definition of the term "commission", which means the solid and hazardous waste commission (commission) in the department of public health and environment (department), to the definitions section of the laws pertaining to hazardous waste sites. Section 2:
* Requires the commission to establish and impose, by July 1, 2011, a solid waste user fee on persons disposing of Pommer, Riesberg, Solano, Tyler, Vigil solid waste at an attended solid waste disposal site;
* Specifies criteria for determination of the fee and the destinations to which portions of the fee shall be sent;
* Repeals, on the date that the new fee takes effect or on July 1, 2011, whichever occurs first, current provisions relating to solid waste user fees; and
* Extends from July 1, 2010, to July 1, 2017, the future repeal date of the solid waste user fee laws. Section 3 requires 100% of the state-imposed solid waste user fees that are collected by attended solid waste disposal sites to be credited to those sites if, and to the extent that, the sites are also subject to local government solid waste disposal fees for hazardous substance response activities at sites listed on the national priority list under the federal "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" (federal act). Section 4 authorizes the state treasurer to make the following one-time transfers from the hazardous substance response fund for the state fiscal year commencing on July 1, 2010:
* Up to $400,000 to the solid waste management fund, for use by the department in connection with its solid waste management activities; and
* Up to $550,000 to the department of law, to be used in connection with the department of law's duties under the federal act.

Status
02/08/2010 Introduced In House - Assigned to Finance
02/24/2010 House Committee on Finance Refer Amended to House Committee of the Whole
03/01/2010 House Second Reading Passed with Amendments
03/02/2010 House Third Reading Laid Over Daily
03/03/2010 House Third Reading Passed
03/09/2010 Introduced In Senate - Assigned to Health and Human Services
03/09/2010 Introduced In Senate - Assigned to Health and Human Services + Finance
03/09/2010 Introduced In Senate - Assigned to Health and Human Services + Finance + Appropriations
03/17/2010 Senate Committee on Health and Human Services Refer Unamended to Finance
03/23/2010 Senate Committee on Finance Refer Unamended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/30/2010 Senate Second Reading Special Order - Passed with Amendments
05/03/2010 Senate Third Reading Passed
05/04/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/25/2010 Signed by the President of the Senate
05/25/2010 Signed by the Speaker of the House
05/25/2010 Sent to the Governor
06/07/2010 Governor Action - Signed

Amendment

House Journal, February 25
21 HB10-1329 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend printed bill, page 3, line 1, strike "AND" and substitute "OR" and
26 strike "THE" and substitute "JULY 1, 2010,".
27
28 Page 3, strike line 2.
29
30 Page 3, line 3, strike "TO THIS SECTION," and strike "IMPOSE" and
31 substitute "PROMULGATE RULES THAT ESTABLISH".
32
33 Page 6, after line 21 insert:
34
35 "SECTION 5. 30-20-115, Colorado Revised Statutes, is amended
36 to read:
37
38 30-20-115. Solid wastes disposal site and facility fund - tax -
39 fees. (1) Any governing body having jurisdiction is authorized to
40 establish a solid wastes disposal site and facility fund. The governing
41 body having jurisdiction may levy a solid wastes disposal site and facility
42 tax, in addition to any other tax authorized by law, on the taxable property
43 within such A county or municipality, the proceeds of which shall be
44 deposited to the credit of said fund and appropriated to pay the cost of
45 land, labor, equipment, and services needed in the operation of solid
46 wastes disposal sites and facilities and for any other solid wastes
47 management purpose in or on behalf of that county or municipality. Any
48 governing body having jurisdiction is also authorized, after a public
49 hearing, to fix, modify, and collect service charges from users of solid
50 wastes disposal sites and facilities or transfer stations for the purpose of
51 financing solid wastes management in that county or municipality. In the
52 event that a countywide solid waste disposal site and facility tax has been
53 imposed with the consent of a majority of the voters in the county, that
54 tax may continue to be collected countywide and may accrue to the
55 county's solid waste disposal site and facility fund, notwithstanding any
56 subsequent taxes as may be levied by any municipalities within the county
1 under this section.
2
3 (2) (a) NOTHING IN SUBSECTION (1) OF THIS SECTION SHALL BE
4 CONSTRUED TO AUTHORIZE ANY GOVERNING BODY HAVING JURISDICTION
5 TO COLLECT SERVICE CHARGES FROM USERS OF ANY PRIVATELY OWNED OR
6 OPERATED SITE AND FACILITY THAT IS FOR THE PRIMARY PURPOSE OF
7 PROCESSING, RECLAIMING, OR RECYCLING:
8
9 (I) RECYCLABLE MATERIALS;
10
11 (II) EXCLUDED SCRAP METAL;
12
13 (III) AUTO PARTS; OR
14
15 (IV) SCRAP THAT IS COMPOSED OF WORN OUT METAL OR A METAL
16 PRODUCT THAT HAS OUTLIVED ITS ORIGINAL USE, COMMONLY REFERRED
17 TO AS OBSOLETE SCRAP.
18
19 (b) NOTHING IN THIS SUBSECTION (2) SHALL BE CONSTRUED TO
20 PROHIBIT ANY GOVERNING BODY HAVING JURISDICTION FROM LEVYING OR
21 COLLECTING SERVICE CHARGES FROM USERS OF A SOLID WASTES DISPOSAL
22 SITE AND FACILITY AT WHICH RECYCLING OCCURS.".
23
24 Renumber succeeding section accordingly.
25
26




BILL HB10-1350


The bill requires any entity that receives public moneys for the purpose of economic development to file an annual report, along with a filing fee, to the Colorado economic development commission (commission). The also bill specifies the contents of the report and requires the commission to include any reports received in its annual presentation to the general assembly. If the commission finds, in its discretion, that a recipient of an economic incentive has not complied with the requirements of the incentive, the commission has the authority to recapture any public moneys expended on the economic incentive.

Status
02/17/2010 Introduced In House - Assigned to Finance
04/21/2010 House Committee on Finance Refer Amended to House Committee of the Whole
04/26/2010 House Second Reading Laid Over Daily
04/27/2010 House Second Reading Passed with Amendments
04/28/2010 House Third Reading Laid Over Daily
04/29/2010 House Third Reading Passed
04/30/2010 Introduced In Senate - Assigned to Finance
05/04/2010 Senate Committee on Finance Refer Amended to Senate Committee of the Whole
05/07/2010 Senate Second Reading Lost with Amendments

Amendment

House Journal, April 27
49 Amendment No. 1, Finance Report, dated April 21, 2010, and placed in
50 member’s bill file; Report also printed in House Journal, April 22,
51 page 1381.
52
53 Amendment No. 2, by Representative(s) Ferrandino.
54
55 Amend the Finance Committee Report, dated April 21, 2010, page 2,
56 after line 6 insert:
1 "(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
2 BY FEBRUARY 1, 2011, THE GOVERNOR'S ENERGY OFFICE SHALL CONDUCT
3 A STUDY OF ALL SO-CALLED "GREEN" JOBS CREATED THROUGH TAX
4 INCENTIVES.".
5
6 Reletter succeeding paragraph accordingly.
7
8 Amendment No. 3, by Representative(s) Pace.
9
10 Amend printed bill, page 1, strike lines 101 and 102 and substitute:
11
12 "CONCERNING REQUIREMENTS FOR CONDUCTING A STUDY BY THE
13 OFFICE OF ECONOMIC DEVELOPMENT IN THE OFFICE OF THE
14 GOVERNOR TO ESTABLISH A PLAN FOR TRACKING CERTAIN JOB
15 CREATION ACTIVITIES BY RECIPIENTS OF CERTAIN ECONOMIC
16 DEVELOPMENT INCENTIVES, AND, IN CONNECTION THEREWITH,
17 CREATING A PLAN FOR TRACKING JOB RETENTION AND
18 REQUIRING THE OFFICE OF ECONOMIC DEVELOPMENT TO
19 COLLECT AND REPORT INFORMATION REGARDING THE NUMBER
20 OF JOBS CREATED AND MEDIAN AND AVERAGE SALARIES OF
21 THOSE JOBS IN THE ANNUAL REPORT FILED PURSUANT TO LAW.".
22
23 As amended, ordered engrossed and placed on the Calendar for Third
24 Reading and Final Passage.
25

Senate Journal, May 5
After consideration on the merits, the Committee recommends that HB10-1350 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, line 7, after "CREATED" insert "OR
RETAINED".

Page 3, strike lines 11 through 14.

Reletter succeeding paragraph accordingly.

Page 3, line 15, strike "SUBPARAGRAPH" and substitute "SUBSECTION".


Finance





BILL HB10-1396


Currently, several income tax and sales and use tax credits are available to qualified taxpayers through the "Urban and Rural Enterprise Zone Act" (act). The bill eliminates the credits available through the act as of January 1, 2011. Specifically, the bill limits the following income tax credits Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. allowed pursuant to the act to income tax years commencing prior to January 1, 2011: The credit for contributions to enterprise zone administrators to implement economic development plans, the credit for investment in property that is used solely and exclusively in an enterprise zone for at least a year, the credit for an investment made in a qualified job training program, the credit for hiring new business facility employees, the credit for expenditures in research and experimental activities for the purpose of carrying out trade or business, and the credit for an expenditure to rehabilitate a vacant building. In addition, beginning on January 1, 2011, the bill eliminates the sales and use tax exemption for purchases of machinery or machine tools to be used solely and exclusively in an enterprise zone.

Status
04/05/2010 Introduced In House - Assigned to Finance
04/07/2010 House Committee on Finance Lay Over Unamended - Amendment(s) Failed
04/28/2010 House Committee on Finance Postpone Indefinitely


BILL SB10-029
State Government Efficiencies


The bill creates efficiencies and cost savings in state and local government by:
* Eliminating all duties of the office of the executive director of the department of local affairs and directing those duties and appropriations to the lieutenant governor;
* Implementing a 2-year statewide hiring freeze that will require the governor or his or her designee to sign off on all new hires. All new hires must meet the test of being critical to protecting the life, health, or safety of Colorado residents. The governor shall provide the general assembly a monthly report of each new hire made in that month.
* Eliminating all bonuses paid to any state employee for 2 years;
* Reducing the personnel budget of the governor's office, the executive directors' offices, and the directors of each principal department's offices to 2005-06 fiscal year levels;
* Reducing by 3% the number of all full-time equivalent state employees paid in whole or in part with general fund dollars within 5 years;
* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding the consolidation of existing boards and commissions;
* Authorizing the governor to repeal the Colorado commission on higher education and to direct any necessary responsibilities and appropriations to the lieutenant governor;
* Requiring the governor to report in writing to the general assembly by April 1, 2010, regarding which agencies and departments perform similar or redundant functions and should be consolidated;
* Limiting the governor's energy office to spending no more than 10% of its total budget on personnel;
* Requiring that all executive branch expenditures on professional organization dues and memberships be made from gifts, grants, or donations and not from any general fund or cash fund appropriation, except from cash funds established for the purpose of receiving gifts, grants, and donations;
* Requiring the state school board to strongly encourage school districts to create boards of cooperative services where feasible for the purpose of enabling 2 or more school districts to cooperate in furnishing services authorized by law and for consolidating central administrative services;
* Requiring that all actions performed by an existing or newly created board of cooperative services that result in cost savings to the member school districts, as compared to the cost of the school districts performing the same actions individually, to be calculated, and requiring each member school district to remit to the state general fund an amount equal to 50% of the savings realized by the member school district. However, such amount shall not exceed the amount the member school district received as its state share of total program funding for the applicable budget year.
* Requiring the governor to reduce by 10% the pay of all full-time equivalent state employees earning $125,000 or more annually, except employees of state institutions of higher education;
* Requiring the controller to transfer from the general fund to the newly created general fund overflow reserve fund an amount that he or she calculates to be the equivalent of the total amount of general fund moneys appropriated in all bills that are vetoed by the governor, including any general fund line item appropriation in the general appropriation act that is line-item vetoed by the governor;
* Removing the requirement that motor vehicles have a front license plate.

Status
01/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs
01/13/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs + Appropriations
03/31/2010 Senate Committee on State, Veterans & Military Affairs Witness Testimony and/or Committee Discussion Only
04/14/2010 Senate Committee on State, Veterans & Military Affairs Witness Testimony and/or Committee Discussion Only
04/19/2010 Senate Committee on State, Veterans & Military Affairs Refer Amended to Appropriations
04/30/2010 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
04/30/2010 Senate Second Reading Special Order - Passed with Amendments
05/03/2010 Senate Third Reading Lost


BILL SB10-074
Encourage Natural Gas


The bill declares that there exists a perverse disincentive against investor-owned electric utilities' use of natural gas for fuel, as opposed to coal, and that this disincentive should be corrected by allowing all or part of a utility's long-term supply contract for Colorado natural gas to be accounted for as a capital cost, on which the utility is permitted to make a prescribed rate of return through customer charges. The bill directs the public utilities commission (PUC) to convene a rule-making proceeding to determine how much of the cost of these long-term natural gas supply contracts may be capitalized. It limits the amount capitalized to the equivalent of the supply contract costs approved for the Comanche III coal-fired plant, and requires the PUC to begin its rule-making by July 1, 2010.

Status
01/15/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
03/11/2010 Senate Committee on Agriculture and Natural Resources Postpone Indefinitely


BILL SB10-082
Repeal Term Limits for Southern Ute Environmental Commission


The bill repeals the term limits applicable to the members of the Southern Ute Indian tribe/state of Colorado environmental commission and repeals a moot condition relating to the repeal of the commission.

Status
01/15/2010 Introduced In Senate - Assigned to Health and Human Services
02/04/2010 Senate Committee on Health and Human Services Refer Unamended - Consent Calendar to Senate Committee of the Whole
02/09/2010 Senate Second Reading Laid Over Daily
02/15/2010 Senate Second Reading Passed
02/16/2010 Senate Third Reading Passed
02/17/2010 Introduced In House - Assigned to Health and Human Services
03/08/2010 House Committee on Health and Human Services Refer Amended to House Committee of the Whole
03/12/2010 House Second Reading Laid Over Daily
03/15/2010 House Second Reading Laid Over Daily
03/16/2010 House Second Reading Passed with Amendments
03/17/2010 House Third Reading Passed
03/18/2010 Senate Considered House Amendments - Result was to Concur - Repass
04/23/2010 Signed by the President of the Senate
04/23/2010 Signed by the Speaker of the House
04/23/2010 Sent to the Governor
04/29/2010 Governor Action - Signed

Amendment

House Journal, March 9
39 SB10-082 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 2, line 16, strike "Repeal. 25-7-1309 (1)
44 (c)," and substitute "25-7-1309 (1),".
45
46 Page 2, line 17, strike "repealed as follows:" and substitute " amended to
47 read:".
48
49 Page 2, after line 19 insert:
50
51 "(a) Termination of the intergovernmental agreement by either the
52 tribe or the state; OR
53
54 (b) Enactment of an explicit repeal by the general assembly, acting
55 by separate bill. or".
56
1 JUDICIARY
2 After consideration on the merits, the Committee recommends the
3 following:
4




BILL SB10-095


(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://www.leg.state.co.us/billsummaries.) The bill repeals the substantive provisions of Senate Bill 09-003, thus restoring the laws regarding the automobile inspection and readjustment program (AIR program) and designation of collector's items motor vehicles to the manner in which they existed as of May 2009. Specifically, the bill:
* Moves Larimer and Weld counties from the enhanced emissions program of the AIR program back to the basic emissions program of the AIR program;
* Restores the geographical boundaries of the counties included in the AIR program to those in existence prior to the passage of Senate Bill 09-003;
* Withdraws from the air quality control commission (commission) in the department of public health and environment (department) the authorization to review and adjust the boundaries of the AIR program area;
* Reinstates the definition of "collector's items" to mean a motor vehicle at least 25 years old;
* Resets from 1975 to 1959 the latest model year at which a collector's item motor vehicle is excluded from the emissions testing process;
* Restores the ability of the commission, upon recommendation from the division of administration in the department, to exempt from the requirement that certification of emissions control be obtained in order to register a collector's item motor vehicle of model year 1970 or older; and
* Repeals the provision of Senate Bill 09-003 that prevents a collector's item motor vehicle from being registered as such after being sold or transferred to a new owner.

Status
01/20/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs
02/10/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely


BILL SB10-096


The bill declares that utility customers have a right to transparency in their utility bills, and therefore requires investor-owned gas and electric utilities to include in customer bills or bill inserts, at least 4 times per year, information about:
* For electric utilities, the types of fuels used to generate electricity, the percentage of the utility's electricity attributable to each, the load profile for each, and the total cost of generating electricity per kilowatt-hour for each fuel type;
* For gas and electric utilities, all ancillary costs associated with providing gas or electricity to the customer, including the costs of underground natural gas storage, natural gas pipeline expansions, and new electric transmission infrastructure. The bill specifies that the utilities' costs of revising the format of their current utility bills to provide the additional information may be recovered through rates.

Status
01/20/2010 Introduced In Senate - Assigned to Local Government and Energy
02/02/2010 Senate Committee on Local Government and Energy Lay Over Unamended - Amendment(s) Failed
02/09/2010 Senate Committee on Local Government and Energy Postpone Indefinitely


BILL SB10-164


The bill requires the legislative audit committee to appoint a task force (LAC task force) to review executive branch departments and make recommendations related to the executive branch departments' programs in order to identify redundancies, abuse, fraud, and cost savings and to specify other efficiency measures. The LAC task force must report to the legislative audit committee by August 5, 2011, and the legislative audit committee must then recommend to the general assembly such legislation regarding the findings and recommendations of the LAC task force as may be necessary. The bill also requires the committee on legal services to appoint a task force (COLS task force) to review the state's regulatory system and make recommendations related to regulatory advantages or disadvantages, the number of businesses current regulated, and the cost of regulatory compliance. The COLS task force must report to the committee on legal services by August 5, 2011, and the committee on legal services must then recommend to the general assembly such legislation regarding the findings and recommendations of the COLS task force as may be necessary.

Status
02/04/2010 Introduced In Senate - Assigned to State, Veterans & Military Affairs
02/17/2010 Senate Committee on State, Veterans & Military Affairs Postpone Indefinitely


BILL SB10-165


House Bill 09-1303 imposed new requirements on oil and gas wells, including permitting by the state engineer and substitute water supply plans. Section 1 of the bill specifies that, except for coal bed methane wells, no well permit is required if the nontributary ground water being removed will not be beneficially used or beneficially used only for uses allowed under the "Oil and Gas Conservation Act". Sections 2 and 3 extend the well permitting and substitute water supply plan compliance deadlines for oil and gas wells, including coal bed methane wells, from March 31, 2010, to August 1, 2010.

Status
02/05/2010 Introduced In Senate - Assigned to Agriculture and Natural Resources
02/17/2010 Senate Committee on Agriculture and Natural Resources Refer Amended to Senate Committee of the Whole
02/19/2010 Senate Second Reading Special Order - Passed with Amendments
02/22/2010 Senate Third Reading Passed
02/23/2010 Introduced In House - Assigned to Agriculture, Livestock, & Natural Resources
03/02/2010 House Committee on Agriculture, Livestock, & Natural Resources Refer Amended to House Committee of the Whole
03/05/2010 House Second Reading Passed with Amendments
03/08/2010 House Third Reading Passed
03/09/2010 Senate Considered House Amendments - Result was to Concur - Repass
03/18/2010 Signed by the President of the Senate
03/18/2010 Signed by the Speaker of the House
03/18/2010 Sent to the Governor
03/22/2010 Governor Action - Signed

Amendment

Senate Journal, February 18
After consideration on the merits, the Committee recommends that SB10-165 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, strike line 2 and substitute:
"SECTION 1. The introductory portion to 37-90-137 (7) and
37-90-137 (7) (a) and (7) (b), Colorado Revised Statutes, are".

Page 2, line 7, strike "ground water" and substitute "ground water
GROUNDWATER".

Page 2, strike lines 10 through 15 and substitute "be IS required unless
the nontributary ground water GROUNDWATER being removed will be
beneficially used. EXCEPT FOR COAL BED METHANE WELLS, NO WELL
PERMIT IS REQUIRED IF THE NONTRIBUTARY GROUNDWATER BEING
REMOVED WILL BE USED ONLY FOR USES ANCILLARY TO OR DIRECTLY
ASSOCIATED WITH THE MINING OF MINERALS, INCLUDING: INJECTION INTO
A PROPERLY PERMITTED DISPOSAL WELL; EVAPORATION OR PERCOLATION
IN A PROPERLY PERMITTED PIT; DISPOSAL AT A PROPERLY PERMITTED
COMMERCIAL FACILITY; ROADSPREADING OR REUSE FOR ENHANCED
RECOVERY, DRILLING, OR OTHER APPROVED USE IN ACCORDANCE WITH
THE "OIL AND GAS CONSERVATION ACT", ARTICLE 60 OF TITLE 34,
C.R.S., AND THE RULES PROMULGATED UNDER THAT ACT; DISCHARGE
INTO STATE WATERS IN ACCORDANCE WITH THE "COLORADO WATER
QUALITY CONTROL ACT", ARTICLE 8 OF TITLE 25, C.R.S., AND THE RULES
PROMULGATED UNDER THAT ACT; EVAPORATION AT A PROPERLY
PERMITTED CENTRALIZED EXPLORATION AND PRODUCTION WASTE
MANAGEMENT FACILITY; OR PROVIDING AN ALTERNATIVE DOMESTIC
WATER SUPPLY TO SURFACE OWNERS WITHIN THE OIL AND GAS FIELD IN
ACCORDANCE WITH THE "OIL AND GAS CONSERVATION ACT" AND THE
RULES PROMULGATED UNDER THAT ACT; and

(b) In the issuance of any well permit pursuant to this subsection
(7), the provisions of subsection (4) of this section shall DOES not apply
The provisions of AND subsections (1), (2), and (3) of this section shall
apply; except that, in considering whether the permit shall issue, the
requirement that the state engineer find that there is unappropriated water
available for withdrawal and the six-hundred-foot spacing requirement
in subsection (2) of this section shall DO not apply. The state engineer
shall allow the rate of withdrawal stated by the applicant to be necessary
to dewater the mine; except that, if the state engineer finds that the
proposed dewatering will cause material injury to the vested water rights
of others, the applicant may propose, and the permit shall contain, terms
and conditions which THAT will prevent such injury. The reduction of
hydrostatic pressure level or water level alone does not constitute
material injury. THE ISSUANCE OF A PERMIT UNDER THIS SUBSECTION (7)
DOES NOT CONFER AN ADJUDICATED NONTRIBUTARY GROUNDWATER
RIGHT.".

Page 3, line 6, after the period add "FOR AN OIL AND GAS WELL IN
EXISTENCE ON THE EFFECTIVE DATE OF THIS SUBSECTION (2), AS
AMENDED, FOR WHICH A WELL PERMIT IS REQUIRED BY THIS SECTION, A
WELL PERMIT APPLICATION SHALL BE SUBMITTED TO THE STATE ENGINEER
ON OR BEFORE APRIL 30, 2010. FOR AN OIL AND GAS WELL TO BE
CONSTRUCTED BETWEEN THE EFFECTIVE DATE OF THIS SUBSECTION (2),
AS AMENDED, AND AUGUST 1, 2010, FOR WHICH A WELL PERMIT IS
REQUIRED BY THIS SECTION, A WELL PERMIT APPLICATION SHALL BE
SUBMITTED TO THE STATE ENGINEER ON OR BEFORE JUNE 15, 2010. ALL
OIL AND GAS WELLS TO BE CONSTRUCTED AFTER AUGUST 1, 2010, FOR
WHICH A WELL PERMIT IS REQUIRED BY THIS SECTION SHALL HAVE A WELL
PERMIT PRIOR TO PRODUCING GROUNDWATER.".

Page 3, line 15, after the period insert "UNTIL JULY 31, 2010, COAL BED
METHANE WELLS MAY CONTINUE TO OPERATE WITHOUT A SUBSTITUTE
WATER SUPPLY PLAN IF THE OIL AND GAS OPERATOR SUBMITS A REQUEST
FOR APPROVAL OF A SUBSTITUTE WATER SUPPLY PLAN PURSUANT TO THIS
SUBSECTION (11) BY APRIL 30, 2010.".


Agriculture
and Natural
Resources

House Journal, March 3
39 SB10-165 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 2, strike lines 14 and 15 and substitute
44 "GROUNDWATER BEING REMOVED TO FACILITATE OR PERMIT THE MINING
45 OF MINERALS WILL NOT BE SOLD OR TRADED FOR PROFIT AND WILL BE
46 USED ONLY TO FACILITATE OR PERMIT THE MINING OF MINERALS,
47 INCLUDING:".
48
49 Page 2, strike lines 19 through 21 and substitute "ENHANCED RECOVERY,
50 DRILLING, WELL STIMULATION, WELL MAINTENANCE, PRESSURE CONTROL,
51 PUMP OPERATIONS, DUST CONTROL ON-SITE OR OFF-SITE, PIPELINE AND
52 EQUIPMENT TESTING, EQUIPMENT WASHING, OR FIRE SUPPRESSION;".
53
54 Page 3, line 1, after "ACT;" insert "OR".
55
56 Page 3, strike lines 3 through 6 and substitute "MANAGEMENT FACILITY;
1 and".
2
3 Page 3, strike lines 20 and 21 and substitute "injury. PERMITTING
4 DETERMINATIONS PURSUANT TO THIS SUBSECTION (7) NEITHER CONFER A
5 WATER RIGHT NOR PRECLUDE DETERMINATION OF A WATER RIGHT BY THE
6 WATER COURT.".
7
8

House Journal, March 5
51 Amendment No. 1, Agriculture, Livestock, & Natural Resources Report,
52 dated March 2, 2010, and placed in member’s bill file; Report also
53 printed in House Journal, March 3, pages 650-651.
54
55
1 Amendment No. 2, by Representative(s) Hullinghorst.
2
3 Amend the Agriculture, Livestock, and Natural Resources Committee
4 Report, dated March 2, 2010, page 1, line 3, strike "NOT BE SOLD OR
5 TRADED FOR PROFIT AND WILL".
6
7 Page 1, line 4, after "ONLY" insert "BY OPERATORS WITHIN THE GEOLOGIC
8 BASIN WHERE THE GROUNDWATER IS REMOVED".
9
10 As amended, ordered revised and placed on the Calendar for Third
11 Reading and Final Passage.
12
13




BILL SB10-174


Section 5 of the bill defines "direct use" as the utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity. Sections 1 and 2 of the bill allow municipalities and counties to designate geothermal development as an activity of state interest under House Bill 74-1041, except for the direct use of such resources. Sections 3 and 4 allocate federal mineral lease revenues derived from geothermal resource development to the geothermal resource leasing fund and authorize the executive director of the department of local affairs to distribute the revenues:
* To state agencies, school districts, and political subdivisions of the state affected by the development and production of geothermal resources primarily for use by such entities in planning for and providing facilities and services necessitated by such development and production; and
* Secondarily to such entities, in consultation with the governor's energy office, for the promotion of the development of geothermal energy resources. Section 6 specifies that the property right to the following types of geothermal resources are an incident of the ownership of the overlying surface:
* Nontributary groundwater; and
* Not nontributary groundwater. Section 7 adopts the reasonable accommodation doctrine regarding relations between surface owners and geothermal resource developers. Section 8 specifies that a permit from the state engineer is not required for the direct use of a horizontal, closed-loop geoexchange system that does not use a geothermal fluid, as established by the state engineer by rule. Section 9 specifies that "material injury" includes an alteration in the temperature of water only if the alteration adversely affects a valid, prior geothermal right. Sections 10 through 12 require geothermal energy facilities to be valued for the purpose of property taxation in the same manner in which wind or solar energy facilities are valued.

Status
02/26/2010 Introduced In Senate - Assigned to Local Government and Energy
03/09/2010 Senate Committee on Local Government and Energy Refer Amended to Senate Committee of the Whole
03/12/2010 Senate Second Reading Laid Over Daily
03/16/2010 Senate Second Reading Passed with Amendments
03/17/2010 Senate Third Reading Laid Over Daily
03/18/2010 Senate Third Reading Passed with Amendments
03/19/2010 Introduced In House - Assigned to Local Government
04/06/2010 House Committee on Local Government Refer Unamended to House Committee of the Whole
04/09/2010 House Second Reading Passed
04/12/2010 House Third Reading Passed
04/20/2010 Signed by the President of the Senate
04/20/2010 Signed by the Speaker of the House
04/21/2010 Sent to the Governor
04/30/2010 Governor Action - Signed

Amendment

Senate Journal, March 10
After consideration on the merits, the Committee recommends that SB10-174 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 5, line 20, strike "GROUNDWATER." and
substitute "GROUNDWATER, AS THAT TERM IS DEFINED IN SECTION
37-90-103.".


Local
Government
and Energy

Senate Journal, March 18
SB10-174 by Senator(s) Schwartz, Gibbs, Whitehead; also Representative(s) Massey and Scanlan--
Concerning the regulation of the development of geothermal resources.

A majority of those elected to the Senate having voted in the affirmative, Senator
Schwartz was given permission to offer a third reading amendment.

Third Reading Amendment No.1,(L.008) , by Senator Schwartz.

Amend engrossed bill, page 7, strike lines 23 through 27.

Page 8, strike lines 1 through 8.

Renumber succeeding sections accordingly.


The amendment was passed on the following roll call vote: