Legislative Bill Tracking - 2019


HB19-1037 Colorado Energy Impact Assistance Act 
Calendar Notification: Monday, February 4 2019
Energy & Environment
1:30 p.m. Room 0112
(1) in house calendar.
Short Title: Colorado Energy Impact Assistance Act
Sponsors: C. Hansen
Summary:

The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of a power plant occurs. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers.

Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay a specified percentage of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility.

The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs.

Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers. In addition, when determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance.


(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Energy & Environment
Amendments:

HB19-1047 Metropolitan District Fire Protection Sales Tax 
Calendar Notification: Monday, January 28 2019
Rural Affairs & Agriculture
1:30 p.m. Room 0107
(1) in house calendar.
Short Title: Metropolitan District Fire Protection Sales Tax
Sponsors: B. Buentello
Summary:

A metropolitan district is a type of special district that provides at least 2 services from a list of specific services. One of the services that a metropolitan district is currently authorized to provide is fire protection. Currently, a metropolitan district is authorized to levy a property tax to provide services; however, the district can also levy a sales tax for safety protection, street improvement, and transportation purposes. Both property taxes and sales taxes require voter approval. The bill allows a metropolitan district to also levy a sales tax to provide fire protection in the areas of the district in which the sales tax is levied.
(Note: This summary applies to this bill as introduced.)

Status: 1/4/2019 Introduced In House - Assigned to Rural Affairs & Agriculture
Amendments:

HB19-1108 Nonresident Electors And Special Districts 
Calendar Notification: Thursday, January 31 2019
State, Veterans, & Military Affairs
1:30 p.m. Room LSB-A
(1) in house calendar.
Short Title: Nonresident Electors And Special Districts
Sponsors: L. Liston | E. Hooton / J. Tate
Summary:

Section 1 of the bill expands the definition of "eligible elector", as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state.

Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take.

Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector.

Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill. The bill only applies to a special district whose board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district.

A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district.

The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district.

The form used to register an eligible elector under the bill must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district.

Section 4 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.
(Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In House - Assigned to State, Veterans, & Military Affairs
Amendments:

SB19-006 Electronic Sales And Use Tax Simplification System 
Calendar Notification: NOT ON CALENDAR
Short Title: Electronic Sales And Use Tax Simplification System
Sponsors: A. Williams / T. Kraft-Tharp | K. Van Winkle
Summary:

Sales and Use Tax Simplification Task Force. The bill requires the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the department to involve stakeholders to develop the scope of work.

The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction.

The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years.


(Note: This summary applies to this bill as introduced.)

Status: 1/22/2019 Senate Committee on Finance Refer Amended - Consent Calendar to Senate Committee of the Whole
Amendments:

SB19-016 Severance Tax Operational Fund Distribution Methodology 
Calendar Notification: Wednesday, January 23 2019
THIRD READING OF BILLS - FINAL PASSAGE - CONSENT CALENDAR
(4) in senate calendar.
Short Title: Severance Tax Operational Fund Distribution Methodology
Sponsors: K. Donovan | D. Coram / D. Esgar | L. Saine
Summary:

Water Resources Review Committee. Money in the severance tax operational fund (operational fund) is primarily used for 2 purposes. The general assembly annually appropriates money from the operational fund for several core departmental programs, which were previously described as "tier-one programs". If money remains after these appropriations and after a reserve requirement for the core departmental programs is satisfied, then the state treasurer transfers money to an array of funds that support natural resources and energy grant programs, which were previously described as "tier-two programs".

There is also a requirement that the reserve include an amount equal to 15% of the maximum transfers to natural resources and energy grant programs required by law, and this reserve is used for the transfers, if necessary.

The bill changes the distribution of the money in the operational fund as follows:

  • Separates the reserve into the core reserve and the grant program reserve, while maintaining the overall purpose of each reserve;
  • Increases the maximum grant program reserve to 100% of the maximum transfers to the natural resources and energy grant programs required by law, which currently is equal to $36,378,072;
  • Requires the state treasurer to make the transfers to the natural resources and energy grant programs on August 15 after a fiscal year and to base the transfers on actual revenue as opposed to estimated revenue. Money from the grant program reserve may be used for these transfers; and
  • If all of the appropriations and transfers have been made and both reserves are full, then the state treasurer is required to transfer any money remaining in the operational fund to the severance tax perpetual base fund.
    (Note: This summary applies to this bill as introduced.)

Status: 12/26/2019 Introduced In Senate - Assigned to
Amendments:

SB19-024 Taxes Paid By Electronic Funds Transfers 
Calendar Notification: NOT ON CALENDAR
Short Title: Taxes Paid By Electronic Funds Transfers
Sponsors: J. Tate / J. Arndt | E. Hooton
Summary:

Statutory Revision Committee. The bill authorizes the executive director of the department of revenue (director) to require the remittance of severance taxes electronically and allows the department to promulgate rules governing such electronic payment.

The bill authorizes the director to require a taxpayer to remit sales taxes by electronic funds transfers at an earlier hour on the deadline day for making a return and paying the taxes due than taxpayers who remit sales taxes by other means.
(Note: This summary applies to this bill as introduced.)

Status: 12/26/2019 Introduced In Senate - Assigned to
Amendments:

SB19-053 California Motor Vehicle Emission Standards 
Calendar Notification: NOT ON CALENDAR
Short Title: California Motor Vehicle Emission Standards
Sponsors: J. Cooke
Summary:

The bill prohibits the air quality control commission from adopting motor vehicle emission standards that are more stringent than federal standards and from adopting the California motor vehicle emission standards and test procedures unless they are the same as the federal standards.
(Note: This summary applies to this bill as introduced.)

Status: 1/8/2019 Introduced In Senate - Assigned to Health & Human Services
Amendments:

SB19-077 Electric Motor Vehicles Public Utility Services 
Calendar Notification: NOT ON CALENDAR
Short Title: Electric Motor Vehicles Public Utility Services
Sponsors: K. Priola | A. Williams / C. Hansen
Summary:

Currently, public utilities may provide charging ports or fueling stations for motor vehicles as unregulated services. The bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery.

The bill allows a public utility to apply to the public utilities commission (commission) to build facilities to support electric vehicles. Standards are set for approval. When a facility is built, the rates and charges for the services:

  • May allow a return on any investment made by a public utility at the utility's weighted average cost of capital at the utility's most recent rate of return on equity approved by the commission; and
  • Must be recovered from all customers of a public utility in a manner that is similar to the recovery of distribution system investments.
    (Note: This summary applies to this bill as introduced.)

Status: 1/11/2019 Introduced In Senate - Assigned to Business, Labor, & Technology
Amendments:

SB19-083 Colorado Department Of Public Health And Environment Air Quality Control 
Calendar Notification: Wednesday, January 23 2019
SENATE HEALTH & HUMAN SERVICES COMMITTEE
Upon Adjournment LSB-B
(4) in senate calendar.
Short Title: Colorado Department Of Public Health And Environment Air Quality Control
Sponsors: R. Zenzinger / H. McKean
Summary:

Statutory Revision Committee. The bill:

  • Eliminates the requirement that the state board of health supervise certain air quality control programs; and
  • Removes statutory provisions relating to the air pollution variance board and the air quality hearings board.
    (Note: This summary applies to this bill as introduced.)

Status: 1/14/2019 Introduced In Senate - Assigned to Health & Human Services
Amendments: