Amendments for HB19-1003
House Journal, January 18
51 HB19-1003 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 2, after line 1 insert:
1 "SECTION 1. In Colorado Revised Statutes, 39-3-118.7, amend
2 (2) as follows:
3 39-3-118.7. Community solar garden - partial business
4 personal property tax exemption - definitions. (2) For property tax
5 years commencing on and after January 1, 2015, but before January 1,
6 2021 2026, there is exempt from the levy and collection of property tax
7 the percentage of alternating current electricity capacity of a community
8 solar garden that is attributed to residential or governmental subscribers,
9 or to subscribers that are organizations that have been granted property
10 tax exemptions pursuant to sections 39-3-106 to 39-3-113.5.".
11
12 Renumber succeeding sections accordingly.
13
14 Page 2, line 3, strike "(2)(b)(II)" and substitute "(2)(b)(II); and add (3.5)".
15
16 Page 2, line 9, strike "TEN" and substitute "FIVE".
17
18 Page 3, after line 2 insert:
19 "(3.5) Standards for construction and operation. THE
20 FOLLOWING REQUIREMENTS APPLY TO ANY COMMUNITY SOLAR GARDEN
21 EXCEEDING TWO MEGAWATTS:
22 (a) THE PERFORMANCE OF ALL PHOTOVOLTAIC ELECTRICAL WORK,
23 INCLUDING THE INSTALLATION OF PHOTOVOLTAIC MODULES,
24 INTERCONNECTION OF THE MODULES, GROUNDING OF THE MODULES, AND
25 THE CUSTOMER-SIDE POINT OF CONNECTION TO THE UTILITY GRID, IS
26 SUBJECT TO ON-SITE SUPERVISION BY A LICENSED MASTER ELECTRICIAN,
27 LICENSED JOURNEYMAN ELECTRICIAN, OR LICENSED RESIDENTIAL
28 WIREMAN, AS THOSE TERMS ARE DEFINED IN SECTION 12-23-101, AND
29 MUST COMPLY WITH ALL APPLICABLE REQUIREMENTS OF ARTICLE 23 OF
30 TITLE 12, INCLUDING SECTIONS 12-23-105 AND 12-23-110.5, AND ALL
31 APPLICABLE RULES OF THE STATE ELECTRICAL BOARD.
32 (b) THE INITIAL INSTALLATION OF ANY PHOTOVOLTAIC MODULE OR
33 OTHER ELECTRICAL EQUIPMENT LISTED IN SUBSECTION (3.5)(a) OF THIS
34 SECTION IS SUBJECT TO FINAL INSPECTION AND APPROVAL IN ACCORDANCE
35 WITH SECTION 12-23-116.
36 (c) IF A QUALIFYING RETAIL UTILITY OWNS ALL OR PART OF A
37 COMMUNITY SOLAR GARDEN, THE UTILITY SHALL USE ITS OWN EMPLOYEES
38 TO OPERATE AND MAINTAIN THE MODULES AND OTHER ELECTRICAL
39 EQUIPMENT THAT THE UTILITY OWNS.".
40
41
House Journal, February 27
20 HB19-1003 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend the Energy and Environment Committee Report, dated January
25 17, 2019, page 1, line 11, strike "39-3-113.5."." and substitute
26 "39-3-113.5.
27 SECTION 2. In Colorado Revised Statutes, 39-29-106, amend
28 (2)(b) as follows:
29 39-29-106. Tax on the severance of coal. (2) (b) On and after
30 July 1, 1999, TO AND INCLUDING JUNE 30, 2019, no tax provided for in
31 subsection (1) of this section shall be imposed on the first three hundred
32 thousand tons of coal produced in each quarter of the taxable year.".".
33
34 Page 2 of the committee report, after line 18 insert:
35
36 "Page 3 of the printed bill, strike lines 3 through 12 and substitute:
37
38 "SECTION 4. Safety clause. The general assembly hereby finds,
39 determines, and declares that this act is necessary for the immediate
40 preservation of the public peace, health, and safety.".".
41
42
House Journal, March 27
7 HB19-1003 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Strike the Appropriations Committee Report, dated February 28, 2019,
12 and substitute:
13
14 "Amend the Energy and Environment Committee Report, dated January
15 17, 2019, page 1, strike lines 1 through 12.
16
17 Page 1 of the Energy and Environment Committee Report, line 13, strike
18 "Page 2," and substitute "Amend printed bill, page 2,".
19
20 Page 2 of the Energy and Environment Committee Report, line 1, strike
21 the comma.
22
2 23 Page 2 of the Energy and Environment Committee Report, strike lines
24 through 4 and substitute "IS".".
25
26
House Journal, March 29
13 Amendment No. 1, Energy & Environment Report, dated January 17,
14 2019, and placed in member's bill file; Report also printed in House
15 Journal, January 18, 2019.
16
17 Amendment No. 2, Appropriations Report, dated March 27, 2019, and
18 placed in member's bill file; Report also printed in House Journal, March
19 27, 2019.
20
21 Amendment No. 3, by Representative(s) Hansen.
22
23 Amend the Appropriations Committee Report, dated March 27, 2019,
24 page 1, strike lines 7 through 10 and substitute:
25
26 "Page 2 of the Energy and Environment Committee Report, line 2, after
27 "THE" insert "ELECTRICAL".".".
28
29 As amended, ordered engrossed and placed on the Calendar for Third
30 Reading and Final Passage.
31
Senate Journal, April 17
After consideration on the merits, the Committee recommends that HB19-1003 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 2, after line 1 insert:
"SECTION 1. In Colorado Revised Statutes, 12-23-104, amend
(2)(f.5) as follows:
12-23-104. Board powers and duties - rules. (2) In addition to
all other powers and duties conferred or imposed upon the board by this
article, the board is authorized to:
(f.5) Regulate a licensed master electrician, journeyman
electrician, or residential wireman who, acting within his or her scope of
competence, supervises a solar photovoltaic installation pursuant to
section 40-2-128. C.R.S.; ON AND AFTER JANUARY 1, 2020, ALL
PHOTOVOLTAIC ELECTRICAL WORK FOR INSTALLATIONS OF AT LEAST
THREE HUNDRED KILOWATTS, INCLUDING THE INTERCONNECTION OF THE
MODULES, GROUNDING OF THE MODULES, ANY BALANCE OF SYSTEM
WIRING, AND THE CUSTOMER-SIDE POINT OF CONNECTION TO THE UTILITY
GRID, MUST BE PERFORMED BY A LICENSED MASTER ELECTRICIAN,
LICENSED JOURNEYMAN ELECTRICIAN, LICENSED RESIDENTIAL WIREMAN,
OR PROPERLY SUPERVISED ELECTRICAL APPRENTICES AND MUST COMPLY
WITH ALL APPLICABLE REQUIREMENTS OF THIS ARTICLE 23, INCLUDING
SECTIONS 12-23-105 AND 12-23-110.5, AND ALL APPLICABLE RULES OF
THE BOARD.".
Renumber succeeding sections accordingly.
Page 2, line 3, after "add" insert "(2)(b)(I)(D) and".
Page 2, line 9, strike "of two FIVE megawatts or less" and substitute "of
two megawatts or less WITHIN THE RANGE SPECIFIED UNDER SUBSECTION
(2)(b)(I)(D) OF THIS SECTION".
Page 2, after line 18 insert:
"(D) A COMMUNITY SOLAR GARDEN MUST HAVE A NAMEPLATE
RATING OF FIVE MEGAWATTS OR LESS; EXCEPT THAT THE COMMISSION
MAY, IN RULES ADOPTED PURSUANT TO SUBSECTION (3)(b) OF THIS
SECTION, APPROVE THE FORMATION OF A COMMUNITY SOLAR GARDEN
WITH A NAMEPLATE RATING OF UP TO TEN MEGAWATTS ON OR AFTER JULY
1, 2023.".
Page 3, strike lines 6 through 15.
Reletter succeeding paragraphs accordingly.
Page 3, strike line 17 and substitute "ASSOCIATED ELECTRICAL
EQUIPMENT".
Page 3, line 18, strike "SECTION".
Page 3, strike lines 24 through 27.
Strike page 4 and substitute:
"SECTION 3. In Colorado Revised Statutes, 40-2-128, amend
(1) introductory portion, (1)(a)(I)(D), and (1)(d) introductory portion; and
repeal (1)(c) as follows:
40-2-128. Solar photovoltaic installations - supervision by
certified practitioners - qualifications of electrical contractors.
(1) For all photovoltaic installations funded wholly or partially through
ratepayer-funded incentives as part of the renewable energy standard
adjustment allowed under section 40-2-124 WITH A DIRECT CURRENT
DESIGN CAPACITY OF LESS THAN THREE HUNDRED KILOWATTS:
(a) (I) (D) By submitting an initial application for funding or an
initial contract proposal, the applicant assumes responsibility for
employing or contracting with one or more certified energy practitioners
or licensed master electricians, licensed journeyman electricians, or
licensed residential wiremen to supervise the installation and as necessary
to maintain the three-to-one ratio required by paragraphs (b) and (c) of
this subsection (1) SUBSECTION (1)(b) OF THIS SECTION, including during
any off-site, preinstallation assembly. Payment of any incentives for the
work shall not be approved until the applicant supplies the name and
certification number of each certified energy practitioner or the license
number of each master electrician, journeyman electrician, or residential
wireman who actually provided on-site supervision or was present to
maintain the three-to-one ratio required by paragraphs (c) and (d) of this
subsection (1) SUBSECTION (1)(d) OF THIS SECTION.
(c) On a system with a direct current design capacity of more than
five hundred kilowatts:
(I) During any photovoltaic electrical work, the ratio of the
number of persons who are assisting with the work and who are neither
licensed electricians nor registered electrical apprentices to the number
of persons who are certified as provided in paragraph (a) of this
subsection (1) shall never exceed three to one, and a person who is both
licensed and certified shall not count double for purposes of measuring
this ratio; and
(II) There shall be at least one on-site supervisor who is certified
as provided in paragraph (a) of this subsection (1) during the following
stages; except that, if at any time during any of the following stages, there
are more than twelve persons on the work site who are neither licensed
electricians nor registered electrical apprentices and who are not certified
as provided in paragraph (a) of this subsection (1), there shall be at least
two persons who are certified as provided in paragraph (a) of this
subsection (1) present on the work site and providing direct supervision
of:
(A) The installation of photovoltaic modules;
(B) The installation of photovoltaic module mounting equipment;
and
(C) Any photovoltaic electrical work.
(d) On a system with a direct current design capacity of five
hundred kilowatts or less THAN THREE HUNDRED KILOWATTS:
SECTION 4. In Colorado Revised Statutes, 12-115-107, amend
as relocated by House Bill 19-1172 (2)(f) as follows:
12-115-107. Board powers and duties - rules - definition.
(2) In addition to all other powers and duties conferred or imposed upon
the board by this article 115, the board is authorized to:
(f) Regulate a licensed master electrician, journeyman electrician,
or residential wireman who, acting within his or her scope of
competence, supervises a solar photovoltaic installation pursuant to
section 40-2-128. ON AND AFTER JANUARY 1, 2020, ALL PHOTOVOLTAIC
ELECTRICAL WORK FOR INSTALLATIONS OF AT LEAST THREE HUNDRED
KILOWATTS, INCLUDING THE INTERCONNECTION OF THE MODULES,
GROUNDING OF THE MODULES, ANY BALANCE OF SYSTEM WIRING, AND
THE CUSTOMER-SIDE POINT OF CONNECTION TO THE UTILITY GRID, MUST
BE PERFORMED BY A LICENSED MASTER ELECTRICIAN, LICENSED
JOURNEYMAN ELECTRICIAN, LICENSED RESIDENTIAL WIREMAN, OR
PROPERLY SUPERVISED ELECTRICAL APPRENTICES AND MUST COMPLY
WITH ALL APPLICABLE REQUIREMENTS OF THIS ARTICLE 115, INCLUDING
SECTIONS 12-115-109 AND 12-115-115, AND ALL APPLICABLE RULES OF
THE BOARD.
SECTION 5. Act subject to petition - effective date.
(1) Except as otherwise provided in subsection (2) of this section, this
act takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 2, 2019, if adjournment sine die is on May 3, 2019); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2020 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
(2) Section 4 of this act takes effect only if House Bill 19-1172
becomes law, in which case section 4 takes effect October 1, 2019.".
Senate Journal, April 23
HB19-1003 by Representative(s) Hansen and Valdez A.; also Senator(s) Foote and Story--Concerning
community solar gardens.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 17, page 899 and placed in members' bill files.)
Amendment No. 2(L.029), by Senator Foote.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 2, strike line 1 and substitute:
"Page 2 of the reengrossed bill, strike line 3 and substitute "(2)(b)(I)(A),
(2)(b)(II), and (5)(b)(I); and add (2)(b)(I)(D) and (3.5) as follows:".".
Page 2 of the committee report, line 19, strike ""SECTION 3." and
substitute:
"(5) Purchases of the output from community solar gardens.
(b) (I) (A) The output from a community solar garden shall be sold only
to the qualifying retail utility serving the geographic area where the
community solar garden is located.
(B) Once a community solar garden is part of a qualifying retail
utility's plan for acquisition of renewable resources, as approved by the
commission, THE COMMISSION SHALL BY JANUARY 30, 2020, INITIATE A
PROCEEDING, OR CONSIDER IN AN ACTIVE PROCEEDING, TO DETERMINE
WHETHER the qualifying retail utility shall purchase all of the electricity
and renewable energy credits generated by the community solar garden
OR WHETHER A SUBSCRIBER MAY, UPON BECOMING A SUBSCRIBER,
CHOOSE TO RETAIN OR SELL TO THE QUALIFYING RETAIL UTILITY THE
SUBSCRIBER'S RENEWABLE ENERGY CREDITS.
(C) The amount of electricity and renewable energy credits
generated by each community solar garden shall be determined by a
production meter installed by the qualifying retail utility or third-party
system owner and paid for by the owner of the community solar garden.
SECTION 3.".
As amended, ordered revised and placed on the calendar for third reading and final
passage.
Senate Journal, April 24
HB19-1003 by Representative(s) Hansen and Valdez A.; also Senator(s) Foote and Story--Concerning
community solar gardens.
A majority of those elected to the Senate having voted in the affirmative, Senator Foote
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.026), by Senator Foote.
Amend revised bill, page 4, strike lines 10 through 13 and substitute:
"(b) FOLLOWING THE DEVELOPMENT OR ACQUISITION BY A
QUALIFYING RETAIL UTILITY OF A COMMUNITY SOLAR GARDEN IN WHICH
THE QUALIFYING RETAIL UTILITY RETAINS OWNERSHIP, THE QUALIFYING
RETAIL UTILITY SHALL EITHER USE ITS OWN EMPLOYEES TO OPERATE AND
MAINTAIN THE COMMUNITY SOLAR GARDEN OR CONTRACT FOR
OPERATION AND MAINTENANCE OF THE COMMUNITY SOLAR GARDEN BY
A CONTRACTOR WHOSE EMPLOYEES HAVE ACCESS TO AN APPRENTICESHIP
PROGRAM REGISTERED WITH THE UNITED STATES DEPARTMENT OF
LABOR'S OFFICE OF APPRENTICESHIP AND TRAINING OR WITH A STATE
APPRENTICESHIP COUNCIL RECOGNIZED BY THAT OFFICE; EXCEPT THAT
THIS APPRENTICESHIP REQUIREMENT DOES NOT APPLY TO:
(I) THE DESIGN, PLANNING, OR ENGINEERING OF THE
INFRASTRUCTURE;
(II) MANAGEMENT FUNCTIONS TO OPERATE THE
INFRASTRUCTURE; OR
(III) ANY WORK INCLUDED IN A WARRANTY.".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 25 NO 10 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble N Story Y
Cooke N Gardner N Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill N Rankin N Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward N
Donovan Y Holbert N Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood N President Y
Fields Y Lundeen N Sonnenberg N