Amendments for SB17-301

Senate Journal, May 3
After consideration on the merits, the Committee recommends that SB17-301 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.

Amend printed bill, page 4, line 8, strike "COLORADO-BASED".

Page 5, strike lines 4 and 5.

Renumber succeeding subparagraphs accordingly.

Page 5, strike line 18-27.

Page 6, strike lines 1 through 3.

Page 6, lines 5 and 6, strike "PRODUCTION AND GATHERING RESOURCES
AND INCLUDE THEM IN ITS RATE BASE" and substitute "RESERVES AT
SHAREHOLDER RISK".

Page 6, lines 8 and 9, strike "PRODUCTION AND GATHERING RESOURCE"
and substitute "RESERVE".

Page 6, lines 18 and 19, strike "PRODUCTION AND GATHERING
RESOURCES" and substitute "RESERVES".

Page 6, line 27, strike "PRODUCTION" and substitute "RESERVE.".

Page 7, strike line 1.

Page 7, line 7, strike "IN WHOLE OR IN PART".

Page 7, strike lines 9 through 13.

Renumber succeeding subparagraphs accordingly.

Page 7, strike lines 19 through 27.

Page 8, strike lines 1 and 2 and substitute:

"(4) (a) THE COMMISSION SHALL APPROVE AN APPLICATION IF THE
APPLICATION ENHANCES AN".

Page 8, line 5, strike "PLAN" and substitute "APPLICATION".

Page 8, line 10, strike "PRODUCTION AND GATHERING RESOURCES" and
substitute "RESERVES".

Page 8, line 15, strike "NOT BE" and substitute "ONLY BE" and strike
"UNLESS" and substitute "IF".

Page 8, line 17, strike "AFFECTED." and substitute "AFFECTED BY THE
REMOVAL.".

Page 8, lines 18 and 19, strike "NATURAL GAS PRODUCTION AND
GATHERING ASSETS COSTS OF SERVICE" and substitute "THE COST OF
ACQUIRING NATURAL GAS RESERVES".

Page 8, strike lines 26 and 27 and substitute "PORTFOLIO.".

Page 9, strike lines 1 through 3.

Page 9, before line 4 insert:

"(d) AN INVESTOR-OWNED UTILITY'S COSTS ASSOCIATED WITH
ANY APPROVED APPLICATION MAY NOT BE RECOVERED THROUGH ANY
RATE ADJUSTMENT.
SECTION 3. In Colorado Revised Statutes, add 40-2-126.5 as
follows:
40-2-126.5. Distribution facilities - improvements to
distribution grid - planning - approval - definitions. (1) AS USED IN
THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "DISTRIBUTED ENERGY RESOURCES" MEANS DISTRIBUTED
GENERATION, AS DEFINED IN SECTION 40-2-124 (1)(a)(III), AS WELL AS
DEMAND RESPONSE PROGRAMS AND DISTRIBUTED ENERGY STORAGE.
(b) "DISTRIBUTION RESOURCE PLAN" MEANS A PLAN FOR:
(I) DISTRIBUTION GRID UPGRADES AND INVESTMENTS; AND
(II) FORECASTING OF DISTRIBUTED GENERATION DEMAND AND
PENETRATION, AND INVESTMENTS TO ACCOMMODATE THAT DEMAND AND
PENETRATION.
(c) "QUALIFYING RETAIL UTILITY" MEANS INVESTOR-OWNED
ELECTRIC UTILITIES SERVING MORE THAN FIVE HUNDRED THOUSAND
CUSTOMERS IN COLORADO AND DOES NOT INCLUDE MUNICIPALLY-OWNED
ELECTRIC UTILITIES OR COOPERATIVE ELECTRIC ASSOCIATIONS.
(2) AS PART OF THE ELECTRIC RESOURCE PLANNING PROCESS,
EACH QUALIFYING RETAIL UTILITY IN COLORADO SHALL SUBMIT TO THE
COMMISSION A PROPOSAL FOR A DISTRIBUTION RESOURCE PLAN.
(3) THE COMMISSION SHALL REVIEW EACH QUALIFYING RETAIL
UTILITY'S DISTRIBUTION RESOURCE PLAN PROPOSAL AND APPROVE,
MODIFY AND APPROVE, OR REJECT A DISTRIBUTION RESOURCE PLAN FOR
THE QUALIFYING RETAIL UTILITY.
(4) AFTER APPROVAL OF A QUALIFYING RETAIL UTILITY'S
DISTRIBUTION RESOURCE PLAN, THE QUALIFYING RETAIL UTILITY'S
EXPENDITURES FOR DISTRIBUTION INFRASTRUCTURE NECESSARY TO
EFFECTUATE THE PLAN MAY BE PROPOSED AND CONSIDERED AS PART OF
THE NEXT GENERAL RATE CASE FOR THE QUALIFYING RETAIL UTILITY. THE
COMMISSION MAY APPROVE THESE EXPENDITURES IF IT CONCLUDES THAT
RATEPAYERS WOULD REALIZE NET BENEFITS AND THE ASSOCIATED COSTS
ARE JUST AND REASONABLE. THE COMMISSION SHALL ALSO ADOPT
CRITERIA, BENCHMARKS, AND ACCOUNTABILITY MECHANISMS TO
EVALUATE THE SUCCESS OF ANY INVESTMENT AUTHORIZED PURSUANT TO
A DISTRIBUTION RESOURCE PLAN.".

Renumber succeeding sections accordingly.

Page 56, line 7, strike "IS" and substitute "OR PRIVATE THIRD PARTY
THAT IS FINANCING THE IMPROVEMENTS ARE".

page 57, after line 14 insert:

"SECTION 25. No appropriation. The general assembly has
determined that section 2 of this act can be implemented within existing
appropriations, and therefore no separate appropriation of state money is
necessary to carry out the purposes of section 2 of this act.".

Renumber succeeding section accordingly.


Health &
Human
Services

Senate Journal, May 4
After consideration on the merits, the Committee recommends that SB17-301 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 24, line 27, strike "SIX HUNDRED" and substitute
"ONE HUNDRED".

Page 26, line 19, strike "FIVE HUNDRED THOUSAND".


Finance


Senate Journal, May 5
After consideration on the merits, the Committee recommends that SB17-301 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend the Agriculture, Natural Resources, and Energy Committee
Report, dated May 3, 2017, page 4, line 1, strike "act."." and substitute
"act.".

Page 4 of the committee report, after line 1 insert:

"SECTION 26. Appropriation - adjustments to 2017 long bill.
To implement this act, the general fund appropriation made in the annual
general appropriation act for the 2017-18 state fiscal year to the office of
the governor for use by the Colorado energy office for program
administration is decreased by $70,000.".".

Page 1 of the printed bill, line 101, strike "STATUTES." and substitute
"STATUTES, AND, IN CONNECTION THEREWITH, REDUCING AN
APPROPRIATION.".


Appro-
priations


Senate Journal, May 8
SB17-301 by Senator(s) Scott and Marble; also Representative(s) Becker J.--Concerning energy-
related statutes.

Amendment No. 1, Agriculture, Natural Resources, & Energy Committee Amendment.
(Printed in Senate Journal, May 3, page(s) 1053-1054 and placed in members' bill files.)

Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, May 4, page 1077 and placed in members' bill files.)

Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, May 5, page 1083 and placed in members' bill files.)

Amendment No. 4(L.016), by Senator Scott.

Amend printed bill, page 53, line 6, strike "(25)(a)" and substitute
"(25)(a); and add (26)".

Page 53, line 9, after "2014," and substitute "THROUGH DECEMBER 31,
2017,".

Page 53, lines 10 and 11, strike "fifty EIGHTY-FIVE" and substitute "fifty".

Page 53, line 13, strike "thirty SIXTY-FIVE" and substitute "thirty".

Page 53, after line 16 insert:

"(26) (a) (I) BEGINNING JANUARY 1, 2017, IN ADDITION TO ANY
OTHER FEE IMPOSED BY THIS SECTION, COUNTY CLERKS AND RECORDERS
SHALL ANNUALLY COLLECT A FEE OF NINETY-FIVE DOLLARS AT THE TIME
OF REGISTRATION ON EVERY BATTERY ELECTRIC MOTOR VEHICLE.
COUNTY CLERKS AND RECORDERS SHALL TRANSMIT THE FEE TO THE
STATE TREASURER, WHO SHALL CREDIT SIXTY-FIVE DOLLARS OF EACH FEE
TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43-4-201, AND
THIRTY DOLLARS OF EACH FEE TO THE ELECTRIC VEHICLE GRANT FUND
CREATED IN SECTION 24-38.5-103.
(II) BEGINNING JANUARY 1, 2017, IN ADDITION TO ANY OTHER FEE
IMPOSED BY THIS SECTION, COUNTY CLERKS AND RECORDERS SHALL
ANNUALLY COLLECT A FEE OF SIXTY-FIVE DOLLARS AT THE TIME OF
REGISTRATION ON EVERY PLUG-IN HYBRID ELECTRIC MOTOR VEHICLE.
COUNTY CLERKS AND RECORDERS SHALL TRANSMIT THE FEE TO THE
STATE TREASURER, WHO SHALL CREDIT THIRTY-FIVE DOLLARS OF EACH
FEE TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION 43-4-201,
AND THIRTY DOLLARS OF EACH FEE TO THE ELECTRIC VEHICLE GRANT
FUND CREATED IN SECTION 24-38.5-103.
(b) THE DEPARTMENT OF REVENUE SHALL CREATE AN ELECTRIC
VEHICLE DECAL, WHICH A COUNTY CLERK AND RECORDER SHALL GIVE TO
EACH PERSON WHO PAYS THE FEE CHARGED UNDER THIS SUBSECTION (26).
THE DECAL MUST BE ATTACHED TO THE UPPER RIGHT-HAND CORNER OF
THE FRONT WINDSHIELD ON THE MOTOR VEHICLE FOR WHICH IT WAS
ISSUED. IF THERE IS A CHANGE OF VEHICLE OWNERSHIP, THE DECAL IS
TRANSFERABLE TO THE NEW OWNER.
(c) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(I) "BATTERY ELECTRIC MOTOR VEHICLE" MEANS A MOTOR
VEHICLE THAT:
(A) CAN BE RECHARGED FROM ANY EXTERNAL SOURCE OF
ELECTRICITY, WHERE THE ELECTRICITY IS STORED IN A RECHARGEABLE
BATTERY PACK THAT PROPELS OR CONTRIBUTES TO PROPEL THE VEHICLE'S
DRIVE WHEELS;
(B) DOES NOT HAVE AN ENGINE CAPABLE OF RUNNING ON A
LIQUID FUEL SUCH AS GASOLINE, COMPRESSED NATURAL GAS, OR DIESEL
FUEL; AND
(C) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE
MILES PER HOUR.
(II) "PLUG-IN ELECTRIC MOTOR VEHICLE" MEANS A MOTOR
VEHICLE THAT:
(A) CAN BE RECHARGED FROM ANY EXTERNAL SOURCE OF
ELECTRICITY, WHERE THE ELECTRICITY IS STORED IN A RECHARGEABLE
BATTERY PACK THAT PROPELS OR CONTRIBUTES TO PROPEL THE VEHICLE'S
DRIVE WHEELS;
(B) HAS AN ENGINE CAPABLE OF RUNNING ON A LIQUID FUEL SUCH
AS GASOLINE, COMPRESSED NATURAL GAS, OR DIESEL FUEL; AND
(C) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE
MILES PER HOUR.".


Amendment No. 5(L.038), by Senator Marble.

Amend printed bill, page 9, after line 3 insert:

"SECTION 3. In Colorado Revised Statutes, 34-60-106, add
(18) as follows:
34-60-106. Additional powers of commission - rules -
legislative declaration. (18) (a) THE GENERAL ASSEMBLY HEREBY FINDS
AND DECLARES THAT:
(I) THE COMMISSION HAS ISSUED A NOTICE TO OPERATORS TO
REQUIRE OPERATORS IN THE STATE TO IDENTIFY AND INSPECT FLOWLINES
WITHIN ONE THOUSAND FEET OF A BUILDING UNIT TO ENSURE AND
DOCUMENT INTEGRITY OF FLOWLINES STATEWIDE AND TO VERIFY THAT
ANY EXISTING FLOWLINE THAT IS NOT IN ACTIVE USE, REGARDLESS OF
WHEN IT WAS INSTALLED OR TAKEN OUT OF SERVICE, IS ABANDONED
PURSUANT TO 2 CCR 404-1, RULE 1103, AS THE RULE WAS IN EFFECT ON
THE EFFECTIVE DATE OF THIS SUBSECTION (18). THIS PROCESS IS BEING
DONE IN TWO PHASES. THE FIRST PHASE EMPHASIZES THE IDENTIFICATION
AND INSPECTION OF FLOWLINES WITHIN ONE THOUSAND FEET OF A
BUILDING UNIT, THE DOCUMENTATION OF INTEGRITY OF THOSE
FLOWLINES, AND THE PROPER ABANDONMENT OF ANY FLOWLINE
STATEWIDE THAT IS NOT IN ACTIVE USE. THE SECOND PHASE IS TO INSPECT
AND DOCUMENT FLOWLINE INTEGRITY FOR ALL EXISTING FLOWLINES
STATEWIDE.
(II) THE GENERAL ASSEMBLY SUPPORTS THIS NOTICE TO
OPERATORS ISSUED BY THE COMMISSION. IT IS IMPORTANT FOR THE
LEGISLATURE TO KEEP APPRISED OF THE PROGRESS AND RESULTS OF THIS
EFFORT TO ENSURE THAT IT IS DIRECTED AT A MEANINGFUL AND
IMMEDIATE RESPONSE THAT ENHANCES UNDERSTANDING AND SAFETY
WITH RESPECT TO UNDERGROUND FLOWLINES NEAR RESIDENTIAL
DEVELOPMENTS.
(b) NOTWITHSTANDING SECTION 24-1-136 (11), THE COMMISSION
SHALL REPORT PROGRESS OF THE EFFORT DESCRIBED IN THIS SUBSECTION
(18) TO THE GENERAL ASSEMBLY THIRTY DAYS AFTER THE ENACTMENT OF
THIS SUBSECTION (18) AND EVERY THIRTY DAYS THEREAFTER UNTIL THE
PROCESS OF ENSURING INTEGRITY OF THE FLOWLINES AND DOCUMENTING
THAT PROCESS IS COMPLETED.".

Renumber succeeding sections accordingly.


Amendment No. 6(L.030), by Senator Scott.

Amend printed bill, page 26, after line 27 insert:

"SECTION 10. In Colorado Revised Statutes, 24-38.5-103,
amend (1)(a) introductory portion as follows:
24-38.5-103. Electric vehicle grant fund - creation -
administration - legislative declaration. (1) (a) There is hereby
created in the state treasury the electric vehicle grant fund, referred to in
this section as the "fund". The fund shall be used to provide grants to
state agencies, public universities, public transit agencies, local
governments, landlords of multi-family apartment buildings, private
nonprofit or for-profit corporations, and the unit owners' associations of
common interest communities as defined in article 33.3 of title 38,
C.R.S., to install recharging TO OFFSET COSTS ASSOCIATED WITH
CHARGING stations for electric vehicles. The grants shall be prioritized
based upon:".

Renumber succeeding sections accordingly.


Amendment No. 7(L.043), by Senator Scott.

Amend the Agriculture, Natural Resources, and Energy Committee
Report, dated May 3, 2017, page 1, strike line 1 and substitute:

"Amend printed bill, page 4, strike lines 3 through 27 and substitute:

"ownership of natural gas reserves - rules. THE COMMISSION SHALL
ADOPT RULES BY WHICH IT WILL EVALUATE APPLICATIONS FILED BY
COLORADO'S INVESTOR-OWNED NATURAL GAS UTILITIES TO ACQUIRE
INTERESTS IN NATURAL GAS RESERVES. THE RULE-MAKING MUST
COMMENCE ON OR BEFORE AUGUST 1, 2017, AND FOLLOW THE
REQUIREMENTS SET FORTH IN THE "STATE ADMINISTRATION PROCEDURE
ACT", ARTICLE 4 OF TITLE 24. THE RULES MUST, AT MINIMUM, ESTABLISH
CRITERIA FOR ASSET EVALUATION AND APPLICATION REVIEW AND
ADMINISTRATION; EXCEPT THAT AN INVESTOR-OWNED UTILITY'S COSTS
ASSOCIATED WITH ANY APPROVED APPLICATION MAY NOT BE RECOVERED
THROUGH ANY RATE ADJUSTMENT.".

Strike pages 5 through 8 of the bill.

Page 9 of the bill, strike lines 1 through 3.".

Page 1 of the committee report, strike lines 2 through 15.

Page 2 of the committee report, strike lines 1 through 18 and lines 20
through 22.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)


Senate Journal, May 8
SB17-301 by Senator(s) Scott and Marble; also Representative(s) Becker J.--Concerning energy-
related statutes.

Senator Fenberg moved to amend the Report of the Committee of the Whole to show that
the following Fenberg floor amendment, (L.044) to SB17-301, did pass.

Amend printed bill, page 9, after line 3 insert:

"SECTION 3. In Colorado Revised Statutes, add 40-2-130 as
follows:
40-2-130. Distributed resources - distributed electricity
storage systems - rules. (1) ON OR BEFORE DECEMBER 31, 2017, THE
PUBLIC UTILITIES COMMISSION SHALL INITIATE A RULE-MAKING
PROCEEDING TO ADOPT RULES GOVERNING THE INSTALLATION AND USE
OF CUSTOMER-SITED DISTRIBUTED ELECTRICITY STORAGE SYSTEMS BY
CUSTOMERS OF UTILITIES SUBJECT TO REGULATION BY THE COMMISSION.
IN CONDUCTING THE RULE-MAKING PROCEEDING, THE COMMISSION SHALL
CONSIDER AND STRIVE TO USE AS A GUIDE, AT A MINIMUM:
(a) ANY AVAILABLE, AGREED-UPON GUIDANCE FROM RELEVANT
STAKEHOLDER WORKING GROUP DISCUSSIONS;
(b) THE EXTENT TO WHICH UTILITY APPROVAL PROCESSES AND
INTERCONNECTION REVIEWS OF DISTRIBUTED ELECTRICITY STORAGE
SYSTEMS CAN BE KEPT AS SIMPLE, STREAMLINED, AND AFFORDABLE FOR
CUSTOMERS AS POSSIBLE;
(c) METHODS TO ENSURE BASIC SAFETY BY INCORPORATING
COMPLIANCE WITH EXISTING SAFETY, ELECTRICAL, OR BUILDING CODES
AS AN ALTERNATIVE TO IMPOSING DUPLICATIVE INSPECTION AND
CERTIFICATION REQUIREMENTS; AND
(d) LESS COSTLY ALTERNATIVES TO THE INSTALLATION OF
ADDITIONAL CUSTOMER-SITED METERS. SUCH ALTERNATIVES MAY
INCLUDE REASONABLE ESTIMATION METHODOLOGIES, USE OF
DISTRIBUTION-LEVEL METERS FOR AGGREGATING DATA, USE OF A SINGLE
REVENUE METER, AND USE OF PAST CONSUMPTION AND LOAD DATA OR
MODELING TO ACCOUNT FOR AN ELECTRICITY STORAGE CUSTOMER'S LOAD
OR AMOUNT OF EXPORTED ENERGY.".

Renumber succeeding sections accordingly.


Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 17 NO 18 EXCUSED 0 ABSENT 0
Aguilar Y Garcia Y Kerr Y Scott N
Baumgardner N Gardner N Lambert N Smallwood N
Cooke N Guzman Y Lundberg N Sonnenberg N
Coram N Hill N Marble N Tate N
Court Y Holbert N Martinez Humenik N Todd Y
Crowder N Jahn Y Merrifield Y Williams A. Y
Donovan Y Jones Y Moreno Y Zenzinger Y
Fenberg Y Kagan Y Neville T. N President N
Fields Y Kefalas Y Priola N


Senate Journal, May 9
SB17-301 by Senator(s) Scott and Marble; also Representative(s) Becker K. and Saine--Concerning
energy-related statutes, and, in connection therewith, reducing an appropriation.

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

Third Reading Amendment No. 1(L.045), by Senator Scott.

Amend engrossed bill, page 4, line 14, strike "ANY RATE ADJUSTMENT."
and substitute "BASE RATES.".

Page 51, line 27, strike "2017," and substitute "2018,".

Page 52, line 9, strike "2017," and substitute "2018,".



House Journal, May 9
40 SB17-301 be amended as follows, and as so amended, be referred to
41 the Committee on Finance with favorable
42 recommendation:
43
44 Amend reengrossed bill, page 3, strike lines 2 through 15.
45
46 Strike pages 4 through 18.
47
48 Page 19, strike lines 1 through 24.
49
50 Renumber succeeding sections accordingly.
51
52 Page 20, strike lines 22 through 24 and substitute:
53
54 "SECTION 3. In Colorado Revised Statutes, 24-38.5-102, repeal
55 (1)(g) as follows:".
56
1 Page 20, strike line 27.
2
3 Page 21, strike lines 1 through 5 and lines 9 through 27.
4
5 Page 22, strike line 1.
6
7 Page 22, line 4, strike "Energy" and substitute "Clean and renewable
8 energy".
9
10 Page 22, line 5, strike "clean and renewable" and substitute "clean and
11 renewable".
12
13 Page 22, line 17, strike "clean and renewable" and substitute "clean and
14 renewable".
15
16 Page 22, line 25 before "ENERGY" insert "CLEAN AND RENEWABLE".
17
18 Page 23, line 2, strike "clean and renewable" and substitute "clean and
19 renewable".
20
21 Page 23, line 7, strike "clean and renewable" and substitute "clean and
22 renewable".
23
24 Page 23, line 24, strike "and (2)(c)(II)".
25
26 Page 24, strike lines 21 through 27.
27
28 Strike page 25.
29
30 Renumber succeeding sections accordingly.
31
32 Page 31, strike lines 3 through 27.
33
34 Strike pages 32 through 49.
35
36 Page 50, strike lines 1 through 6.
37
38 Renumber succeeding sections accordingly.
39
40 Page 51, strike lines 15 through 27.
41
42 Strike page 52.
43
44 Page 53, strike lines 1 through 20.
45
46 Renumber succeeding sections accordingly.
47
48 Page 56, strike lines 15 through 27.
49
50 Strike page 57.
51
52 Page 58, strike line 1.
53
54 Renumber succeeding section accordingly.

House Journal, May 9
13 Amendment No. 1, Judiciary Report, dated May 9, 2017, and placed in
14 member's bill file; Report also printed in House Journal, May 9, 2017.
15
16 Amendment No. 2, by Representative(s) Becker KC.
17
18 Amend reengrossed bill, page 24, line 13, strike "clean and renewable"
19 and substitute "clean and renewable".
20
21 Page 1, lines 101 and 102, strike "STATUTES, AND, IN CONNECTION
22 THEREWITH, REDUCING AN APPROPRIATION." and substitute
23 "STATUTES.".
24
25 As amended, ordered revised and placed on the Calendar for Third
26 Reading and Final Passage.
27
28