Amendments for SB19-236
Senate Journal, April 17
After consideration on the merits, the Committee recommends that SB19-236 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, lines 8 and 9, strike "AND THE DIVISION OF
PUBLIC UTILITIES ARE" and substitute "IS".
Page 4, lines 7 and 8, strike "AND THE DIVISION OF PUBLIC UTILITIES".
Page 4, strike lines 9 through 27.
Strike pages 5 and 6.
Page 7, strike lines 1 through 6.
Renumber succeeding sections accordingly.
Page 7, strike lines 24 through 27 and substitute:
"(1) THE COMMISSION SHALL PROMULGATE RULES ESTABLISHING THE
FILING OF A DISTRIBUTION SYSTEM PLAN. THE COMMISSION'S RULES MUST:
(a) DEFINE THE FOLLOWING TERMS:
(I) DISTRIBUTED ENERGY RESOURCES THAT INCLUDE:
(A) DISTRIBUTED RENEWABLE ELECTRIC GENERATION;
(B) ENERGY STORAGE SYSTEMS;
(C) MICROGRIDS;
(D) ENERGY EFFICIENCY MEASURES; AND
(E) DEMAND RESPONSE MEASURES; AND
(II) NON-WIRES ALTERNATIVES;
(b) DEVELOP A METHODOLOGY FOR EVALUATING THE NET
BENEFITS TO CUSTOMERS USING DISTRIBUTED ENERGY RESOURCES AS
NON-WIRES ALTERNATIVES;
(c) DIRECT EACH QUALIFYING RETAIL UTILITY TO FILE A
DISTRIBUTION SYSTEM PLAN THAT AT A MINIMUM INCLUDES:
(I) INFORMATION REGARDING:
(A) SYSTEM AND SUBSTATION HISTORICAL DATA;
(B) PEAK DEMAND;
(C) ADOPTION OF DISTRIBUTED ENERGY RESOURCES; AND
(D) DISTRIBUTION SYSTEM INVESTMENTS;
(II) A DESCRIPTION OF THE QUALIFYING RETAIL UTILITY'S
ANTICIPATED NEW DISTRIBUTION SYSTEM EXPANSION INVESTMENTS FOR
THE YEARS COVERED BY THE PLAN, INCLUDING A GENERAL DISCUSSION OF
THE QUALIFYING RETAIL UTILITY'S PROCESS TO EVALUATE THE PLAN'S
FEASIBILITY AND THE ECONOMIC IMPACTS OF POTENTIALLY USING
NON-WIRES ALTERNATIVES FOR THE PROJECTS. THE QUALIFYING RETAIL
UTILITY SHALL PROVIDE ESTIMATES OF THE YEAR IN WHICH PEAK DEMAND
GROWTH OR DISTRIBUTED ENERGY RESOURCE GROWTH MAY REQUIRE
THESE NEW NON-WIRES ALTERNATIVE PROJECTS;
(III) TO PROVIDE NEW ELECTRIC SERVICE TO ANY PLANNED NEW
NEIGHBORHOODS OR HOUSING DEVELOPMENTS EXPECTED TO INCLUDE
MORE THAN TEN THOUSAND NEW RESIDENCES, A DESCRIPTION OF THE
QUALIFYING RETAIL UTILITY'S CONSIDERATION OF NON-WIRES
ALTERNATIVES, POTENTIALLY INCLUDING ENERGY EFFICIENCY MEASURES
UNDER UTILITY PROGRAMS;
(IV) AN UPDATED LOAD FORECAST THAT INCLUDES ANY NEW
LOAD RESULTING FROM PROJECTED OR FORECASTED GROWTH FROM
BENEFICIAL ELECTRIFICATION PROGRAMS;
(V) A FORECAST OF THE GROWTH OF DISTRIBUTED ENERGY
RESOURCES FOR THE YEARS COVERED BY THE PLAN;
(VI) A HIGH-LEVEL SUMMARY OF ITS PLANNING PROCESS FOR
ADDRESSING CYBER AND PHYSICAL SECURITY RISKS. AS PART OF THE
SUMMARY, THE QUALIFYING RETAIL UTILITY NEED NOT REPORT ANY
CONFIDENTIAL, PROPRIETARY, OR OTHER INFORMATION IN THE PLAN THAT
COULD IN ANY WAY COMPROMISE OR DECREASE THE QUALIFYING RETAIL
UTILITY'S ABILITY TO PREVENT, MITIGATE, OR RECOVER FROM POTENTIAL
SYSTEM DISRUPTIONS CAUSED BY WEATHER EVENTS, PHYSICAL EVENTS,
OR CYBER ATTACKS.
(VII) ANY OTHER INFORMATION THAT THE COMMISSION DEEMS
RELEVANT.
(2) THE COMMISSION SHALL APPROVE A QUALIFYING RETAIL
UTILITY'S DISTRIBUTION SYSTEM PLAN IF THE COMMISSION FINDS THE
PLAN TO BE IN THE PUBLIC INTEREST.
(3) (a) IF A QUALIFYING RETAIL UTILITY IS REQUIRED TO SPEND ON
DISTRIBUTION INFRASTRUCTURE TO ACCOMPLISH ITS DISTRIBUTION
SYSTEM PLAN, THE COST MUST BE PROPOSED AND CONSIDERED BY THE
COMMISSION AS PART OF THE QUALIFYING RETAIL UTILITY'S NEXT
GENERAL RATE CASE.
(b) THE COMMISSION MAY PRESUME THAT ANY SPENDING OUTSIDE
THE ORDINARY COURSE OF BUSINESS THAT THE QUALIFYING RETAIL
UTILITY IDENTIFIES FOR DISTRIBUTION INFRASTRUCTURE IS PRUDENT IF
THE COMMISSION DETERMINES THAT THE QUALIFYING RETAIL UTILITY'S
RATEPAYERS WOULD REALIZE NET BENEFITS FROM THE DISTRIBUTION
INFRASTRUCTURE AND THAT THE ASSOCIATED COSTS ARE JUST AND
REASONABLE.
(c) TO EVALUATE THE SUCCESS OF ANY INVESTMENT AUTHORIZED
PURSUANT TO A QUALIFYING RETAIL UTILITY'S DISTRIBUTION SYSTEM
PLAN, THE COMMISSION MAY ADOPT CRITERIA, BENCHMARKS, OR
ACCOUNTABILITY MECHANISMS WITH WHICH THE QUALIFYING RETAIL
UTILITY MUST COMPLY.
(4) AS USED IN THIS SECTION, "QUALIFYING RETAIL UTILITY" HAS
THE MEANING DESCRIBED IN SECTION 40-2-124 (1); EXCEPT THAT THE
TERM DOES NOT MEAN A MUNICIPALLY OWNED UTILITY OR A
COOPERATIVE ELECTRIC ASSOCIATION.".
Strike page 8.
Page 9, strike lines 1 through 23.
Page 13, after line 8 insert:
"SECTION 7. In Colorado Revised Statutes, add 40-3-116 and
40-3-117 as follows:
40-3-116. Performance-based rate-making - investigation -
report - repeal. (1) THE COMMISSION SHALL CONDUCT AN
INVESTIGATION OF FINANCIAL PERFORMANCE-BASED INCENTIVES AND
PERFORMANCE-BASED METRIC TRACKING TO IDENTIFY MECHANISMS THAT
MAY SERVE TO ALIGN REGULATED UTILITY OPERATIONS, EXPENDITURES,
AND INVESTMENTS WITH PUBLIC BENEFIT GOALS INCLUDING SAFETY,
RELIABILITY, COST EFFICIENCY, EMISSIONS REDUCTIONS, AND EXPANSION
OF DISTRIBUTED ENERGY RESOURCES. THE INVESTIGATION, WHICH SHALL
BE CONDUCTED IN AN INVESTIGATORY PROCEEDING, MUST CONSIST OF A
REVIEW OF EXISTING AND POTENTIAL METRICS, INCLUDING FUTURE TEST
YEARS, AND CONSIDERATION OF NEW PERFORMANCE-BASED INCENTIVES.
(2) (a) WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE COMMISSION SHALL REPORT ITS FINDINGS TO THE
SENATE TRANSPORTATION AND ENERGY COMMITTEE AND THE HOUSE OF
REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE, OR THEIR
SUCCESSOR COMMITTEES. THE REPORT MUST INCLUDE THE FOLLOWING:
(I) A GENERAL DETERMINATION AS TO WHETHER A TRANSITION TO
PERFORMANCE-BASED METRICS REGULATION OF A REGULATED UTILITY
WOULD BE NET BENEFICIAL TO THE STATE, IN TERMS OF MEETING STATED
OBJECTIVES OF THE COMMISSION AND OTHER RELATED STATUTORY
REQUIREMENTS;
(II) ACTIONS THAT THE COMMISSION MAY PURSUE TO GUIDE THE
CHANGE TO A PERFORMANCE-BASED METRICS REGULATION;
(III) DIRECTIVES TO BE GIVEN TO UTILITIES;
(IV) A LIST OF TYPES OF FUTURE LITIGATED PROCEEDINGS WITHIN
WHICH THE REPORT COULD BE IMPLEMENTED; AND
(V) A PROPOSED TIMELINE FOR TRANSITION TO
PERFORMANCE-BASED METRICS REGULATION.
(b) THE REPORT MAY INCLUDE ANY RECOMMENDATIONS OF
LEGISLATION NEEDED TO FULLY REALIZE THE BENEFITS OF
PERFORMANCE-BASED METRICS REGULATION, INCLUDING IDENTIFYING
ANY EXISTING STATUTE THAT WOULD SERVE AS AN IMPEDIMENT TO
REALIZING THE FULL BENEFITS OF A TRANSITION TO PERFORMANCE-BASED
METRICS REGULATION AND SUGGESTED RECOMMENDED CHANGES TO THE
EXISTING STATUTE.
(3) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2021.
40-3-117. Utility wholesale and retail rates survey -
nonadjudicatory proceeding - report - repeal. (1) THE COMMISSION
SHALL OPEN A NONADJUDICATORY PROCEEDING TO CONDUCT A SURVEY
OF PUBLIC UTILITY WHOLESALE AND RETAIL RATES AND SPECIFICALLY
CONSIDER RECOMMENDATIONS THAT WOULD RESULT IN RATE RELIEF IN
CERTIFICATED UTILITY TERRITORIES WITH RETAIL RATES MATERIALLY
GREATER THAN THE STATE AVERAGE. THE COMMISSION SHALL
DETERMINE THE MINIMUM PERCENTAGE BY WHICH A RETAIL RATE THAT
EXCEEDS THE STATE AVERAGE RATE QUALIFIES AS A MATERIALLY
GREATER RATE.
(2) THE COMMISSION SHALL HOLD A PUBLIC HEARING WITHIN ANY
CERTIFICATED UTILITY TERRITORY DETERMINED TO HAVE A MATERIALLY
GREATER RETAIL RATE THAN THE STATE AVERAGE RATE.
(3) ON OR BEFORE FEBRUARY 1, 2021, THE COMMISSION SHALL
FILE A REPORT WITH THE HOUSE ENERGY AND ENVIRONMENT COMMITTEE
AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR
SUCCESSOR COMMITTEES, DESCRIBING THE SCOPE OF ANALYSIS
CONDUCTED, POTENTIAL SOLUTIONS CONSIDERED, AND ANY
RECOMMENDATIONS THAT COULD PROVIDE RATE RELIEF TO RATEPAYERS.
(4) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2021.".
Renumber succeeding sections accordingly.
Page 13, strike lines 11 through 27 and substitute:
"40-3.2-106. Costs of pollution in utility planning - definitions
- rules. (1) THE COMMISSION SHALL REQUIRE AN ELECTRIC PUBLIC
UTILITY SUBJECT TO COMMISSION JURISDICTION TO CONSIDER THE COST
OF CARBON DIOXIDE EMISSIONS, AS SET FORTH PURSUANT TO SUBSECTION
(4) OF THIS SECTION, WHEN DETERMINING THE COST, BENEFIT, OR NET
PRESENT VALUE OF ANY PLAN OR PROPOSAL SUBMITTED IN ONE OF THE
FOLLOWING PROCEEDINGS:
(a) ELECTRIC RESOURCE PLANS OR ANY UTILITY PLAN OR
APPLICATION THAT CONSIDERS OR PROPOSES THE ACQUISITION OF NEW
ELECTRIC GENERATING RESOURCES OR THE RETIREMENT OF EXISTING
UTILITY GENERATION;
(b) APPLICATIONS RELATED TO SECTION 40-2-124;
(c) APPLICATIONS RELATED TO SECTION 40-3.2-104; OR
(d) A PLAN OR APPLICATION FOR TRANSPORTATION
ELECTRIFICATION OR OTHER FORMS OF BENEFICIAL ELECTRIFICATION.
(2) IN A PROCEEDING LISTED IN SUBSECTION (1)(a) OF THIS
SECTION, A UTILITY SHALL:
(a) AT A MINIMUM, MODEL AN OPTIMIZATION OF A BASE CASE
PORTFOLIO OF RESOURCES USING THE COST OF CARBON DIOXIDE
EMISSIONS, AS SET FORTH PURSUANT TO SUBSECTION (4) OF THIS SECTION.
THE COST OF CARBON DIOXIDE EMISSIONS MUST APPLY TO THE
EVALUATION OF ALL EXISTING ELECTRIC GENERATION RESOURCES AND TO
ANY NEW RESOURCES EVALUATED OR PROPOSED AS PART OF THE
RESOURCE MODELING. THE COMMISSION MAY REQUIRE A UTILITY TO FILE
OR PROPOSE ADDITIONAL BASE CASES. FOR THE PURPOSE OF DEVELOPING
ADDITIONAL OPTIMIZED PORTFOLIOS OR FOR SCENARIO ANALYSIS, THE
COMMISSION MAY AMEND ITS RULES TO ALLOW A UTILITY TO USE OTHER
COSTS FOR CARBON DIOXIDE EMISSIONS IN ADDITION TO THE COST OF
CARBON DIOXIDE EMISSIONS SET FORTH PURSUANT TO SUBSECTION (4) OF
THIS SECTION.
(b) (I) PRESENT A CALCULATION OF THE NET PRESENT VALUE OF
REVENUE REQUIREMENT FOR THE RESOURCES IN EACH OPTIMIZED
PORTFOLIO. TO SHOW THE NET PRESENT VALUE OF REVENUE
REQUIREMENT THAT WOULD BE INCURRED BY THE UTILITY FOR
IMPLEMENTING THE PORTFOLIO, IN ADDITION TO PRESENTING THE FULL
NET PRESENT VALUE OF REVENUE REQUIREMENT THROUGH A
CALCULATION USING THE COST OF CARBON DIOXIDE EMISSIONS SET FORTH
PURSUANT TO SUBSECTION (4) OF THIS SECTION, THE UTILITY SHALL ALSO
PRESENT THE FULL NET PRESENT VALUE OF REVENUE REQUIREMENT
THROUGH A CALCULATION WITHOUT USING THE COST OF CARBON DIOXIDE
EMISSIONS SET FORTH PURSUANT TO SUBSECTION (4) OF THIS SECTION.
(II) IN ADDITION TO THE NET PRESENT VALUE OF REVENUE
REQUIREMENT CALCULATIONS REQUIRED IN SUBSECTION (2)(b)(I) OF THIS
SECTION, FOR EACH OPTIMIZED MODEL RUN THE UTILITY MUST PROVIDE
A PRESENT VALUE CALCULATION SHOWING THE NET PRESENT VALUE OF
THE TOTAL COST OF CARBON DIOXIDE EMISSIONS OF EACH PORTFOLIO,
CALCULATED BY MULTIPLYING THE TOTAL EMISSIONS OF THAT PORTFOLIO
BY THE COST OF CARBON DIOXIDE SET FORTH PURSUANT TO SUBSECTION
(4) OF THIS SECTION.
(3) IN APPROVING A RESOURCE PLAN, THE COMMISSION SHALL
CONSIDER:
(a) THE NET PRESENT VALUE OF THE COST OF CARBON DIOXIDE
EMISSIONS;
(b) THE NET PRESENT VALUE OF REVENUE REQUIREMENTS THAT
WOULD BE INCURRED BY THE UTILITY FOR IMPLEMENTING THE PORTFOLIO;
AND
(c) OTHER RELEVANT FACTORS, AS DETERMINED BY THE
COMMISSION.
(4) THE COMMISSION SHALL BASE THE COST OF CARBON DIOXIDE
EMISSIONS ON THE MOST RECENT ASSESSMENT OF THE SOCIAL COST OF
CARBON DIOXIDE DEVELOPED BY THE FEDERAL GOVERNMENT. STARTING
IN 2020, THE COMMISSION SHALL USE A SOCIAL COST OF CARBON DIOXIDE
OF NOT LESS THAN FORTY-SIX DOLLARS PER SHORT TON. THE COMMISSION
SHALL MODIFY THE COST OF CARBON DIOXIDE EMISSIONS BASED ON
ESCALATION RATES OF THE 2020 BASE COST BY AN AMOUNT THAT IS
EQUAL TO OR GREATER THAN THE CENTRAL VALUE ESCALATION RATES
ESTABLISHED IN THE TECHNICAL SUPPORT DOCUMENT. WHEN
CALCULATING THE COST OF CARBON DIOXIDE EMISSIONS FOR ANY
PROCEEDING LISTED IN SUBSECTION (1) OF THIS SECTION, THE
COMMISSION SHALL USE THE SAME DISCOUNT RATE AS THAT USED TO
DEVELOP THE FEDERAL SOCIAL COST OF CARBON DIOXIDE, AS SET FORTH
IN THE TECHNICAL SUPPORT DOCUMENT.
(5) THE COMMISSION SHALL APPLY A COST OF CARBON DIOXIDE
EMISSIONS TO THE NONENERGY BENEFITS FOR PROGRAMS THAT ARE
DEFINED TO BE BENEFICIAL ELECTRIFICATION.
(6) AS USED IN THIS SECTION:
(a) "BENEFICIAL ELECTRIFICATION" MEANS A UTILITY'S CHANGE
IN THE ENERGY SOURCE POWERING AN END USE FROM A NONELECTRIC
SOURCE TO AN ELECTRIC SOURCE, INCLUDING TRANSPORTATION, WATER
HEATING, SPACE HEATING, OR INDUSTRIAL PROCESSES, IF THE CHANGE:
(I) REDUCES SYSTEM COSTS FOR THE UTILITY'S CUSTOMERS;
(II) REDUCES NET CARBON DIOXIDE EMISSIONS; OR
(III) PROVIDES FOR A MORE EFFICIENT UTILIZATION OF GRID
RESOURCES.
(b) "TECHNICAL SUPPORT DOCUMENT" MEANS THE 2016
TECHNICAL SUPPORT DOCUMENT OF THE FEDERAL INTERAGENCY
WORKING GROUP ON SOCIAL COST OF GREENHOUSE GASES, ENTITLED
"TECHNICAL UPDATE OF THE SOCIAL COST OF CARBON FOR REGULATORY
IMPACT ANALYSIS - UNDER EXECUTIVE ORDER 12866".".
Strike page 14.
Page 15, strike lines 1 through 4.
Page 16, after line 26 insert:
"SECTION 11. In Colorado Revised Statutes, 40-6-109, amend
(1) as follows:
40-6-109. Hearings - orders - record - review - representation
of entities in nonadjudicatory proceedings. (1) At the time fixed for
any A hearing before the commission, any A commissioner, or an
administrative law judge, or, at the time to which the same HEARING may
have been continued, the applicant, petitioner, complainant; the person,
firm, or corporation complained of; and such persons, firms, or
corporations ANY PERSON, FIRM, OR CORPORATION as the commission
may allow to intervene and such persons, firms, or corporations as will
be THAT IS interested in or affected by any A COMMISSION order that may
be made by the commission in such THE proceeding and who shall have
THAT HAS become parties A PARTY to the proceeding shall be IS entitled
to be heard, examine and cross-examine witnesses, and introduce
evidence. AN INDIVIDUAL CUSTOMER OF A REGULATED UTILITY IS
AUTHORIZED TO INTERVENE IN A MATTER BEFORE THE COMMISSION THAT
AFFECTS THE CUSTOMER. A full and complete record of all proceedings
had before the commission, any A commissioner, or an administrative
law judge in any formal hearing and all testimony shall be taken down by
any A reporter appointed by the commission or RECORDED
ELECTRONICALLY as deemed appropriate by the commission, a
commissioner, or an administrative law judge, as applicable. recorded
electronically. All parties in interest shall be ARE entitled to be heard in
person or TO BE REPRESENTED by attorney.".
Renumber succeeding sections accordingly.
Trans-
portation &
Energy
Senate Journal, April 19
After consideration on the merits, the Committee recommends that SB19-236 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 26, after line 18 insert:
"SECTION 25. Appropriation. (1) For the 2019-20 state fiscal
year, $467,034 is appropriated to the department of regulatory agencies.
This appropriation consists of $369,433 from the public utilities
commission fixed utility fund created in section 40-2-114 (1)(b)(II),
C.R.S. and $97,601 from the public utilities commission motor carrier
fund created in section 40-2-110.5 (6), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $332,502, which consists of $243,381 from the public utilities
commission fixed utility fund and $89,121 from the public utilities
commission motor carrier fund, for use by the public utilities commission
for personal services, which amount is based on an assumption that the
commission will require an additional 4.0 FTE;
(b) $22,612, which consists of $14,132 from the public utilities
commission fixed utility fund and $8,480 from the public utilities
commission motor carrier fund, for use by the public utilities commission
for operating expenses; and
(c) $111,920 from the public utilities commission fixed utility
fund for the purchase of legal services.
(2) For the 2019-20 state fiscal year, $111,920 is appropriated to
the department of law. This appropriation is from reappropriated funds
received from the department of regulatory agencies under subsection
(1)(c) of this section and is based on an assumption that the department
of law will require an additional 0.6 FTE. To implement this act, the
department of law may use this appropriation to provide legal services
for the department of regulatory agencies.".
Renumber succeeding sections accordingly.
Page 1, line 104, strike "AGENCIES." and substitute "AGENCIES AND
MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, April 23
SB19-236 by Senator(s) Garcia and Fenberg, Foote, Winter; --Concerning the continuation of the
public utilities commission, and, in connection therewith, implementing the
recommendations contained in the 2018 sunset report by the department of regulatory
agencies.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 17, pages 908-912 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 19, page 961 and placed in members' bill files.)
Amendment No. 3(L.012), by Senator Foote.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 7, strike lines 19 through 37.
Strike page 8.
Amendment No. 4(L.011), by Senator Foote.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 5, line 17, after "RESOURCES" insert "AND HEATING
RESOURCES".
Page 5, line 29, after "RESOURCES" insert "AND HEATING RESOURCES".
Amendment No. 5(L.013), by Senator Fenberg.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 1, line 14, strike "SYSTEMS;" and substitute "SYSTEMS
CONNECTED TO THE DISTRIBUTION GRID;".
Page 2, strike lines 1 through 5 and substitute:
"(b) DEVELOP A METHODOLOGY FOR EVALUATING THE COSTS AND
NET BENEFITS OF USING DISTRIBUTED ENERGY RESOURCES AS NON-WIRES
ALTERNATIVES;
(c) DETERMINE A THRESHOLD FOR THE SIZE OF A NEW
DISTRIBUTION PROJECT, WHETHER IN DOLLARS, METERS, OR ANOTHER
FACTOR, AS DETERMINED BY THE COMMISSION, FOR WHEN A QUALIFYING
RETAIL UTILITY MUST CONSIDER IMPLEMENTATION OR USE OF NON-WIRES
ALTERNATIVES, POTENTIALLY INCLUDING ENERGY EFFICIENCY MEASURES
UNDER UTILITY PROGRAMS FOR NEW ELECTRIC SERVICE TO ANY PLANNED
NEW NEIGHBORHOODS OR HOUSING DEVELOPMENTS;
(d) DIRECT EACH QUALIFYING RETAIL UTILITY TO FILE A
DISTRIBUTION SYSTEM PLAN;
(e) DETERMINE WHAT SHALL BE INCLUDED IN A DISTRIBUTION
SYSTEM PLAN, WHICH AT A MINIMUM MUST INCLUDE THE FOLLOWING:".
Page 2, strike lines 11 through 19.
Renumber succeeding subparagraphs accordingly.
Page 2, strike line 39 and substitute:
"(VI) A PROPOSED COST-RECOVERY METHOD OR MECHANISM FOR
ANY NON-WIRES INVESTMENTS FOUND TO BE OUTSIDE THE ORDINARY
COURSE OF BUSINESS;
(VII) A DESCRIPTION OF THE QUALIFYING RETAIL UTILITY'S
ANTICIPATED NEW DISTRIBUTION SYSTEM EXPANSION INVESTMENTS FOR
THE YEARS COVERED BY THE PLAN;
(VIII) A PROCESS TO EVALUATE THE PLAN'S FEASIBILITY AND THE
ECONOMIC IMPACTS OF USING NON-WIRES ALTERNATIVES FOR CERTAIN
PROJECTS;
(IX) AN ESTIMATE OF THE YEAR IN WHICH PEAK DEMAND GROWTH
OR DISTRIBUTED ENERGY RESOURCE GROWTH WOULD MERIT ANALYSIS OF
NEW NON-WIRES ALTERNATIVE PROJECTS; AND
(X) ANY OTHER INFORMATION THAT THE COMMISSION DEEMS".
Page 3, strikes line 1 through 15 and substitute "UTILITY'S INVESTMENT
IN NON-WIRES ALTERNATIVES IF THE COMMISSION FINDS THE INVESTMENT
TO BE IN THE PUBLIC INTEREST.
(3) (a) THE COMMISSION SHALL DETERMINE WHETHER A
QUALIFYING RETAIL UTILITY'S RATEPAYERS WOULD REALIZE BENEFITS
FROM A NON-WIRES ALTERNATIVE INVESTMENT AND WHETHER THE
ASSOCIATED COSTS ARE JUST AND REASONABLE.
(b) TO EVALUATE THE SUCCESS OF ANY NON-WIRES ALTERNATIVE
INVESTMENT AUTHORIZED".
Amendment No. 6(L.010), by Senator Garcia.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 4, line 27, strike "wholesale and".
Page 4, strike line 28 and substitute "nonadjudicatory proceeding -
definition - report - repeal. (1) (a) THE COMMISSION".
Page 4, line 30, strike "WHOLESALE AND".
Page 4, after line 35 insert:
"(b) AS USED IN THIS SECTION, "PUBLIC UTILITY" DOES NOT
INCLUDE A COOPERATIVE ELECTRIC ASSOCIATION, AS DEFINED IN SECTION
40-9.5-102.".
Amendment No. 7(L.018), by Senator Cooke.
Amend printed bill, page 11, line 22, after "WEBSITE," insert "INCLUDING
A REFERENCE TO THE DOCKET NUMBERS OF RELEVANT RULES OR
ADJUDICATORY MATTERS,".
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, April 23
SB19-236 by Senator(s) Garcia and Fenberg, Foote, Winter; --Concerning the continuation of the
public utilities commission, and, in connection therewith, implementing the
recommendations contained in the 2018 sunset report by the department of regulatory
agencies.
Senator Cooke moved to amend the Report of the Committee of the Whole to show that
the following Cooke floor amendment, (L.019) to SB 19-236, did pass.
Amend printed bill, page 4, after line 27 insert:
"SECTION 4. In Colorado Revised Statutes, amend 40-1-101 as
follows:
40-1-101. Public utilities law - legislative declaration. (1)
Articles 1 to 7 of this title shall be TITLE 40 ARE known and may be cited
as the "Public Utilities Law" and shall apply to the public utilities and
public services described in said articles 1 to 7 and to the commission
referred to in article 2 of this title TITLE 40.
(2) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND
DECLARES THAT THE MISSION OF THE PUBLIC UTILITIES COMMISSION IS TO
ENSURE THAT POWER IS GENERATED AND DISTRIBUTED AT THE LEAST
COST TO CONSUMERS AND RATEPAYERS.".
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 16 NO 18 EXCUSED 1 ABSENT 0
Bridges N Foote N Marble Y Story N
Cooke Y Gardner Y Moreno E Tate Y
Coram Y Ginal N Pettersen N Todd N
Court N Gonzales N Priola Y Williams A. N
Crowder Y Hill Y Rankin Y Winter N
Danielson N Hisey Y Rodriguez N Woodward Y
Donovan N Holbert Y Scott Y Zenzinger N
Fenberg N Lee N Smallwood Y President N
Fields N Lundeen Y Sonnenberg Y
Senate Journal, April 23
SB19-236 by Senator(s) Garcia and Fenberg, Foote, Winter; --Concerning the continuation of the
public utilities commission, and, in connection therewith, implementing the
recommendations contained in the 2018 sunset report by the department of regulatory
agencies.
Senator Woodward moved to amend the Report of the Committee of the Whole to show
that the following Woodward floor amendment, (L.009) to SB 19-236, did pass.
Amend printed bill, page 3, line 3, before "(3)(b)" insert "(2) and".
Page 3, strike line 5 and substitute "termination - repeal of part. (2) No
more than two members of the public utilities commission shall be
affiliated with the same political party THE GOVERNOR SHALL APPOINT AT
LEAST ONE COMMISSIONER WHO IS AFFILIATED WITH ONE OF THE TWO
MAJOR POLITICAL PARTIES AND AT LEAST ONE COMMISSIONER WHO IS
AFFILIATED WITH THE OTHER OF THE TWO MAJOR POLITICAL PARTIES, and
any appointment to fill a vacancy shall be IS for the unexpired term. Each
commissioner shall MUST be a qualified elector of this state. The
governor shall designate one member of the commission as chair of the
commission. The commissioners shall devote their entire time to the
duties of their office to the exclusion of any other employment and shall
receive such compensation as is designated by law. A majority of the
commission shall constitute CONSTITUTES a quorum for the transaction
of its business.
(3) (b) (I) This part 1 is repealed, effective".
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 16 NO 18 EXCUSED 1 ABSENT 0
Bridges N Foote N Marble Y Story N
Cooke Y Gardner Y Moreno E Tate Y
Coram Y Ginal N Pettersen N Todd N
Court N Gonzales N Priola Y Williams A. N
Crowder Y Hill Y Rankin Y Winter N
Danielson N Hisey Y Rodriguez N Woodward Y
Donovan N Holbert Y Scott Y Zenzinger N
Fenberg N Lee N Smallwood Y President N
Fields N Lundeen Y Sonnenberg Y
Senate Journal, April 23
SB19-236 by Senator(s) Garcia and Fenberg, Foote, Winter; --Concerning the continuation of the
public utilities commission, and, in connection therewith, implementing the
recommendations contained in the 2018 sunset report by the department of regulatory
agencies.
Senator Scott moved to amend the Report of the Committee of the Whole to show that the
following Scott floor amendment, (L.015) to SB 19-236, did pass.
Amend the Transportation and Energy Committee Report, dated April
16, 2019, page 5, line 11, strike "AS SET FORTH" and substitute
"ESTABLISHED BY THE COMMISSION BY RULE".
Page 5, line 27, strike "AS SET FORTH" and substitute ""ESTABLISHED BY
THE COMMISSION BY RULE".
Page 6, strike lines 27 through 40 and substitute:
"(4) ON OR BEFORE SEPTEMBER 1, 2020, THE COMMISSION SHALL
DETERMINE THE COST OF CARBON DIOXIDE EMISSIONS BY RULE, AFTER
ENGAGING IN EXTENSIVE STAKEHOLDER OUTREACH INCLUDING
REPRESENTATIVES OF REGULATED UTILITIES, ELECTRIC RATEPAYERS, AND
OTHER INTERESTED GROUPS. THEREAFTER, THE COMMISSION MAY AMEND
THE COST OF CARBON DIOXIDE EMISSIONS BY RULE AFTER ENGAGING IN
A SIMILAR STAKEHOLDER OUTREACH.".
Page 7, strike lines 3 and 4 and substitute:
"(6) AS USED IN THIS SECTION, "BENEFICIAL ELECTRIFICATION"
MEANS A UTILITY'S CHANGE IN".
Page 7, line 8, strike "(I)" and substitute "(a)".
Page 7, line 9, strike "(II)" and substitute "(b)".
Page 7, line 10, strike "(III)" and substitute "(c)".
Page 7, strike lines 12 through 16.
Strike "SET FORTH" and substitute "ESTABLISHED BY THE COMMISSION BY
RULE"on: Page 5, line 36; and Page 6, lines 5, 8, and 16.
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 16 NO 18 EXCUSED 1 ABSENT 0
Bridges N Foote N Marble Y Story N
Cooke Y Gardner Y Moreno E Tate Y
Coram Y Ginal N Pettersen N Todd N
Court N Gonzales N Priola Y Williams A. N
Crowder Y Hill Y Rankin Y Winter N
Danielson N Hisey Y Rodriguez N Woodward Y
Donovan N Holbert Y Scott Y Zenzinger N
Fenberg N Lee N Smallwood Y President N
Fields N Lundeen Y Sonnenberg Y
House Journal, April 30
29 SB19-236 be amended as follows, and as so amended, be referred to
30 the Committee on Finance with favorable
31 recommendation:
32
33 Amend reengrossed bill, page 9, before line 13 insert:
34 "SECTION 6. In Colorado Revised Statutes, add 40-2-134 as
35 follows:
36 40-2-134. Retail distributed generation - customers' rights -
37 rules. A RETAIL ELECTRIC UTILITY CUSTOMER IS ENTITLED TO GENERATE,
38 CONSUME, STORE, AND EXPORT ELECTRICITY PRODUCED FROM ELIGIBLE
39 ENERGY RESOURCES TO THE ELECTRIC GRID THROUGH THE USE OF
40 CUSTOMER-SITED RETAIL DISTRIBUTED GENERATION, AS DEFINED IN
41 SECTION 40-2-124 (1)(a)(VIII), SUBJECT TO RELIABILITY STANDARDS,
42 INTERCONNECTION RULES, AND PROCEDURES, AS DETERMINED BY THE
43 COMMISSION.".
44
45 Renumber succeeding sections accordingly.
46
47
House Journal, May 1
18 SB19-236 be amended as follows, and as so amended, be referred to
19 the Committee on Appropriations with favorable
20 recommendation:
21
22 Amend reengrossed bill, page 4, lines 24 and 25, strike "40-2-132 and
23 40-2-133" and substitute "40-2-132, 40-2-133, and 40-2-134".
24
25 Page 9, after line 12 insert:
26 "40-2-134. Regional transmission investigation. THE
27 COMMISSION SHALL OPEN AN INVESTIGATORY PROCEEDING TO EVALUATE
28 AND CONSIDER THE COSTS AND BENEFITS ASSOCIATED WITH REGIONAL
29 TRANSMISSION ORGANIZATIONS, ENERGY IMBALANCE MARKETS, JOINT
30 TARIFFS, AND POWER POOLS.".
31
32 Page 12, line 23, strike "Utility" and substitute "Electric utility".
33
34 Page 12, line 26, before "PUBLIC" insert "ELECTRIC".
35
36 Page 13, line 1, after "CERTIFICATED" insert "ELECTRIC".
37
38 Page 13, strike lines 8 through 10.
39
40 Renumber succeeding subsections accordingly.
41
42 Page 14, line 2, strike "AND HEATING RESOURCES".
43
44 Page 14, lines 14 and 15, strike "AND HEATING RESOURCES".
45
46 Page 14, strike lines 17 through 22 and substitute "REQUIRE A UTILITY TO
47 FILE OR PROPOSE ADDITIONAL BASE CASES. THE UTILITY MAY PROPOSE,
48 AND THE COMMISSION SHALL CONSIDER, ALTERNATIVE OPTIMIZED
49 PORTFOLIOS OF RESOURCES IN ADDITION TO THE BASE CASE, UTILIZING
50 DIFFERENT LEVELS OF COSTS FOR CARBON DIOXIDE.".
51
52 Page 16, line 10, after the period add "NOTWITHSTANDING THE DISCOUNT
53 RATE USED TO DEVELOP THE SOCIAL COST OF CARBON DIOXIDE VALUE
54 OVER THE PLANNING PERIOD, THE COMMISSION SHALL CONTINUE TO
55 DISCOUNT ANY NET PRESENT VALUE ANALYSIS OF ANY OPTIMIZED
1 RESOURCE PORTFOLIO IN THE ELECTRIC RESOURCE PLANNING PROCESS
2 USING DISCOUNT RATES THAT THE COMMISSION DEEMS APPROPRIATE.".
3
4 Page 18, after line 22 insert:
5 "SECTION 11. In Colorado Revised Statutes, 40-6-109.5, amend
6 (1) and (4) as follows:
7 40-6-109.5. Hearings on applications - time limits for
8 decisions. (1) Whenever an application of any kind is filed with the
9 commission and is accompanied by the applicant's supporting testimony
10 or a detailed summary thereof OF THE SUPPORTING TESTIMONY, together
11 with exhibits, if any, the commission shall issue its decision on such THE
12 application no later than one hundred twenty days after the application is
13 deemed complete as prescribed by rules promulgated by the commission.
14 If the commission finds that additional time is required, it may, by
15 separate order, extend the time for decision by an additional period not to
16 exceed ninety ONE HUNDRED THIRTY days.
17 (4) The commission, in particular cases, under extraordinary
18 conditions and after notice and a hearing at which the existence of such
19 EXTRAORDINARY conditions is established, may extend the time limits
20 specified in subsections (1) and (2) of this section for a period not to
21 exceed an additional ninety ONE HUNDRED THIRTY days.
22 SECTION 12. In Colorado Revised Statutes, 40-6-111, amend
23 (1)(b) as follows:
24 40-6-111. Hearing on schedules - suspension - new rates -
25 rejection of tariffs. (b) Pending the hearing and decision thereon ON THE
26 HEARING, in the case of a public utility other than a rail carrier, such THE
27 rate, fare, toll, rental, charge, classification, contract, practice, rule, or
28 regulation shall MUST not go into effect; but the period of suspension of
29 such THE rate, fare, toll, rental, charge, classification, contract, practice,
30 rule, or regulation shall MUST not extend beyond one hundred twenty days
31 beyond the time when such THE rate, fare, toll, rental, charge,
32 classification, contract, practice, rule, or regulation would otherwise go
33 into effect unless the commission, in its discretion, and by separate order,
34 extends the period of suspension for a further period not exceeding ninety
35 ONE HUNDRED THIRTY days.".
36
37 Renumber succeeding sections accordingly.
38
39 Page 24, after line 1 insert:
40 "(5) THERE IS HEREBY CREATED IN THE STATE TREASURY THE
41 VEHICLE BOOTING CASH FUND, REFERRED TO IN THIS SECTION AS THE
42 "FUND", CONSISTING OF ANY FEE REVENUE COLLECTED BY THE
43 COMMISSION PURSUANT TO THIS PART 8 AND TRANSMITTED TO THE STATE
44 TREASURER FOR CREDIT INTO THE FUND AND ANY OTHER MONEY THAT THE
45 GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. THE
46 MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
47 COMMISSION FOR ITS IMPLEMENTATION OF THIS PART 8. THE STATE
48 TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
49 DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND.".
50
51
House Journal, May 1
38 SB19-236 be amended as follows, and as so amended, be referred to
39 the Committee of the Whole with favorable
40 recommendation:
41
42 Amend the House Finance Committee Report, dated May 1, 2019, page
43 1, after line 2 insert:
44
45 "Page 4 of the bill, line 27, strike "SHALL" and substitute "HAS THE
46 DISCRETION AND AUTHORITY TO".".
47
48 Page 3 of the report, after line 17 insert:
49
50 "Page 28 of the bill, strike lines 15 through 27.
51
52 Page 29 of the bill, strike lines 1 through 3 and substitute:
53
54 "SECTION 23. Appropriation. (1) For the 2019-20 state fiscal
55 year, $372,725 is appropriated to the department of regulatory agencies.
1 This appropriation is from the public utilities commission fixed utility
2 fund created in section 40-2-114 (1)(b)(II), C.R.S. To implement this act,
3 the department may use this appropriation as follows:
4 (a) $243,381 for use by the public utilities commission for personal
5 services, which amount is based on an assumption that the commission
6 will require an additional 2.5 FTE;
7 (b) $17,424 for use by the public utilities commission for operating
8 expenses; and".
9
10 Renumber succeeding sections accordingly.".
11
12
House Journal, May 2
10 Amendment No. 1, State, Veterans, & Military Affairs Report, dated
11 April 30, 2019, and placed in member's bill file; Report also printed in
12 House Journal, April 30, 2019.
13
14 Amendment No. 2, Finance Report, dated May 1, 2019, and placed in
15 member's bill file; Report also printed in House Journal, May 1, 2019.
16
17 Amendment No. 3, Appropriations Report, dated May 1, 2019, and placed
18 in member's bill file; Report also printed in House Journal, May 1, 2019.
19
20 Amendment No. 4, by Representative(s) Hansen.
21
22 Amend the Appropriations Committee Report, dated May 1, 2019, page
17 23 1, strike lines 2 through 5 and substitute "3 of the report, after line
24 insert:".
25
26 Amendment No. 5, by Representative(s) Hansen.
27
28 Amend the Finance Committee Report, dated May 1, 2019, page 1, strike
29 lines 1 through 8.
30
31 Page 1, line 9, strike "Page" and substitute "Amend reengrossed bill,
32 page".
33
34 Page 2, line 33, before "(b)" insert "(1)".
35
36 Amendment No. 6, by Representative(s) Becker and Hansen.
37
38 Amend reengrossed bill, page 4, after line 10 insert:
39 "SECTION 4. In Colorado Revised Statutes, 40-2-124, amend
40 (1) introductory portion; and repeal (1)(f)(I) as follows:
41 40-2-124. Renewable energy standards - qualifying retail and
42 wholesale utilities - definitions - net metering - legislative declaration.
43 (1) Each provider of retail electric service in the state of Colorado, other
44 than municipally owned utilities that serve forty thousand customers or
45 fewer, is a qualifying retail utility. Each qualifying retail utility, with the
46 exception of cooperative electric associations that have voted to exempt
104 47 themselves from commission jurisdiction pursuant to section 40-9.5-
48 and municipally owned utilities, is subject to the rules established under
49 this article ARTICLE 2 by the commission. No additional regulatory
50 authority is provided to the commission other than that specifically
51 contained in this section. In accordance with article 4 of title 24, C.R.S.,
52 the commission shall revise or clarify existing rules to establish the
53 following:
54 (f) Policies for the recovery of costs incurred with respect to these
55 standards for qualifying retail utilities that are subject to rate regulation
1 by the commission. These policies must provide incentives to qualifying
2 retail utilities to invest in eligible energy resources and must include:
3 (I) Allowing a qualifying retail utility to develop and own as
4 utility rate-based property up to twenty-five percent of the total new
5 eligible energy resources the utility acquires from entering into power
6 purchase agreements and from developing and owning resources after
7 March 27, 2007, if the new eligible energy resources proposed to be
8 developed and owned by the utility can be constructed at reasonable cost
9 compared to the cost of similar eligible energy resources available in the
10 market. The qualifying retail utility shall be allowed to develop and own
11 as utility rate-based property more than twenty-five percent but not more
12 than fifty percent of total new eligible energy resources acquired after
13 March 27, 2007, if the qualifying retail utility shows that its proposal
14 would provide significant economic development, employment, energy
15 security, or other benefits to the state of Colorado. The qualifying retail
16 utility may develop and own these resources either by itself or jointly with
17 other owners, and, if owned jointly, the entire jointly owned resource
18 shall count toward the percentage limitations in this subparagraph (I). For
19 the resources addressed in this subparagraph (I), the qualifying retail
20 utility shall not be required to comply with the competitive bidding
21 requirements of the commission's rules; except that nothing in this
22 subparagraph (I) shall preclude the qualifying retail utility from bidding
23 to own a greater percentage of new eligible energy resources than
24 permitted by this subparagraph (I). In addition, nothing in this
25 subparagraph (I) shall prevent the commission from waiving, repealing,
26 or revising any commission rule in a manner otherwise consistent with
27 applicable law.
28 SECTION 5. In Colorado Revised Statutes, add 40-2-125.5 as
29 follows:
30 40-2-125.5. Carbon dioxide emission reductions - goal to
31 eliminate by 2050 - legislative declaration - interim targets -
32 submission and approval of plans - definitions - cost recovery -
33 reports. (1) Legislative declaration. THE GENERAL ASSEMBLY FINDS
34 AND DECLARES THAT:
35 (a) IT IS A MATTER OF STATEWIDE IMPORTANCE TO PROMOTE THE
36 DEVELOPMENT OF COST-EFFECTIVE CLEAN ENERGY AND NEW
37 TECHNOLOGIES AND REDUCE THE CARBON DIOXIDE EMISSIONS FROM THE
38 COLORADO ELECTRIC GENERATING SYSTEM;
39 (b) THE CREATION OF A LOW-COST, RELIABLE, AND CLEAN
40 ELECTRICITY SYSTEM IS CRITICAL TO ACHIEVING THE LEVEL OF
41 GREENHOUSE GAS EMISSIONS NECESSARY TO AVOID THE WORST IMPACTS
42 OF CLIMATE CHANGE AND ADVANCING A ROBUST AND EFFICIENT
43 LOW-CARBON ECONOMY FOR THE STATE OF COLORADO AND THE NATION;
44 (c) TECHNOLOGY ADVANCEMENT HAS ALREADY ALLOWED
45 COLORADO TO ACHIEVE REDUCTIONS IN CARBON DIOXIDE EMISSIONS FROM
46 THE ELECTRIC UTILITY SECTOR, AND CONTINUED TECHNOLOGY
47 DEVELOPMENT IS KEY TO EXTEND PROGRESS TOWARD A RELIABLE,
48 LOW-COST, CLEAN ENERGY FUTURE;
49 (d) ALTERNATIVE FINANCING MECHANISMS MAY RESULT IN LOWER
50 COSTS TO ELECTRIC UTILITY CUSTOMERS; THEREFORE, IT IS HELPFUL TO
51 PROVIDE ALTERNATIVE FINANCING MECHANISMS THAT UTILITIES MAY USE
52 TO REDUCE THE TOTAL AMOUNT OF COSTS BEING INCLUDED IN CUSTOMER
53 RATES RESULTING FROM ACCELERATING THE RETIREMENT OF ELECTRIC
54 GENERATING FACILITIES; AND
55 (e) A BOLD CLEAN ENERGY POLICY WILL SUPPORT THIS PROGRESS
1 AND ALLOW COLORADANS TO ENJOY THE BENEFITS OF RELIABLE CLEAN
2 ENERGY AT AN AFFORDABLE COST.
3 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
4 OTHERWISE REQUIRES:
5 (a) "CLEAN ENERGY PLAN" MEANS A PLAN FILED BY A QUALIFYING
6 RETAIL UTILITY AS PART OF ITS ELECTRIC RESOURCE PLAN TO REDUCE THE
7 QUALIFYING RETAIL UTILITY'S CARBON DIOXIDE EMISSIONS ASSOCIATED
8 WITH ELECTRICITY SALES TO THE QUALIFYING RETAIL UTILITY'S
9 ELECTRICITY CUSTOMERS BY EIGHTY PERCENT FROM 2005 LEVELS BY
10 2030, AND THAT SEEKS TO ACHIEVE PROVIDING ITS CUSTOMERS WITH
11 ENERGY GENERATED FROM ONE-HUNDRED-PERCENT CLEAN ENERGY
12 RESOURCES BY 2050.
13 (b) "CLEAN ENERGY RESOURCE" MEANS ANY
14 ELECTRICITY-GENERATING TECHNOLOGY THAT GENERATES OR STORES
15 ELECTRICITY WITHOUT EMITTING CARBON DIOXIDE INTO THE ATMOSPHERE.
16 CLEAN ENERGY RESOURCES INCLUDE, WITHOUT LIMITATION, ELIGIBLE
17 ENERGY RESOURCES AS DEFINED IN SECTION 40-2-124 (1)(a).
18 (c) "QUALIFYING RETAIL UTILITY" MEANS A RETAIL UTILITY
19 PROVIDING ELECTRIC SERVICE TO MORE THAN FIVE HUNDRED THOUSAND
20 CUSTOMERS IN THIS STATE OR ANY OTHER ELECTRIC UTILITY THAT OPTS IN
21 PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION.
22 (3) Clean energy targets. (a) IN ADDITION TO THE OTHER
23 REQUIREMENTS OF THIS SECTION, A QUALIFYING RETAIL UTILITY SHALL
24 MEET THE FOLLOWING CLEAN ENERGY TARGETS:
25 (I) BY 2030, THE QUALIFYING RETAIL UTILITY SHALL REDUCE THE
26 CARBON DIOXIDE EMISSIONS ASSOCIATED WITH ELECTRICITY SALES TO THE
27 QUALIFYING RETAIL UTILITY'S ELECTRICITY CUSTOMERS BY EIGHTY
28 PERCENT FROM 2005 LEVELS.
29 (II) FOR THE YEARS 2050 AND THEREAFTER, OR SOONER IF
30 PRACTICABLE, THE QUALIFYING RETAIL UTILITY SHALL SEEK TO ACHIEVE
31 THE GOAL OF PROVIDING ITS CUSTOMERS WITH ENERGY GENERATED FROM
32 ONE-HUNDRED-PERCENT CLEAN ENERGY RESOURCES SO LONG AS DOING
33 SO IS TECHNICALLY AND ECONOMICALLY FEASIBLE, IN THE PUBLIC
34 INTEREST, AND CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
35 (III) THE QUALIFYING RETAIL UTILITY SHALL RETIRE RENEWABLE
36 ENERGY CREDITS ESTABLISHED UNDER SECTION 40-2-124 (1)(d), IN THE
37 YEAR GENERATED, BY ANY ELIGIBLE ENERGY RESOURCES USED TO COMPLY
38 WITH THE REQUIREMENTS OF THIS SECTION.
39 (b) ANY OTHER ELECTRIC PUBLIC UTILITY MAY OPT INTO THE FULL
40 TERMS OF THIS ENTIRE SECTION UPON NOTIFICATION TO THE COMMISSION.
41 (4) Submission and approval of plans. (a) THE FIRST ELECTRIC
42 RESOURCE PLAN THAT A QUALIFYING RETAIL UTILITY FILES WITH THE
43 COMMISSION AFTER JANUARY 1, 2020, MUST INCLUDE A CLEAN ENERGY
44 PLAN THAT WILL ACHIEVE THE CLEAN ENERGY TARGET SET FORTH IN
45 SUBSECTION (3)(a)(I) OF THIS SECTION AND MAKE PROGRESS TOWARD THE
46 ONE-HUNDRED-PERCENT CLEAN ENERGY GOAL SET FORTH IN SUBSECTION
47 (3)(a)(II) OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING:
48 (I) THE ELECTRIC RESOURCE PLAN CONTAINING THE CLEAN
49 ENERGY PLAN MUST UTILIZE A RESOURCE ACQUISITION PERIOD THAT
50 EXTENDS THROUGH 2030.
51 (II) THE CLEAN ENERGY PLAN SUBMITTED TO THE COMMISSION
52 MUST SET FORTH A PLAN OF ACTIONS AND INVESTMENTS BY THE
53 QUALIFYING RETAIL UTILITY PROJECTED TO ACHIEVE COMPLIANCE WITH
54 THE CLEAN ENERGY TARGETS IN SUBSECTIONS (3)(a)(I) AND (3)(a)(II) OF
55 THIS SECTION AND THAT RESULT IN AN AFFORDABLE, RELIABLE, AND
1 CLEAN ELECTRIC SYSTEM.
2 (III) IN THE ELECTRIC RESOURCE PLAN THAT INCLUDES THE CLEAN
3 ENERGY PLAN, THE QUALIFYING RETAIL UTILITY SHALL CLEARLY
4 DISTINGUISH BETWEEN THE SET OF RESOURCES NECESSARY TO MEET
5 CUSTOMER DEMANDS IN THE RESOURCE ACQUISITION PERIOD AND THE
6 ADDITIONAL CLEAN ENERGY PLAN ACTIVITIES THAT MAY BE UNDERTAKEN
7 TO MEET THE CLEAN ENERGY TARGET IN SUBSECTION (3)(a)(I) OF THIS
8 SECTION, WHICH MAY CREATE AN ADDITIONAL RESOURCE NEED FOR THE
9 CLEAN ENERGY PLAN. THESE ACTIVITIES MAY INCLUDE RETIREMENT OF
10 EXISTING GENERATING FACILITIES, CHANGES IN SYSTEM OPERATION, OR
11 ANY OTHER NECESSARY ACTIONS.
12 (IV) AFTER CONDUCTING ANY PROCUREMENT PROCESS PURSUANT
13 TO SUBSECTION (5)(b) OF THIS SECTION OR OTHERWISE, THE QUALIFYING
14 RETAIL UTILITY SHALL SET FORTH THE ACTIONS AND INVESTMENTS
15 REQUIRED TO FILL THE ADDITIONAL RESOURCE NEED IDENTIFIED FOR THE
16 CLEAN ENERGY PLAN TO SATISFY THE CLEAN ENERGY TARGET IN
17 SUBSECTION (3)(a)(I) OF THIS SECTION. THESE ACTIONS AND INVESTMENTS
18 MAY INCLUDE DEVELOPMENT OF NEW CLEAN ENERGY RESOURCES,
19 DEVELOPMENT OF NEW TRANSMISSION AND OTHER SUPPORTING
20 INFRASTRUCTURE, AND CLEAN ENERGY RESOURCE ACQUISITIONS. ANY
21 NEW TRANSMISSION DEVELOPMENT IS SUBJECT TO EXISTING COMMISSION
22 AND STAKEHOLDER TRANSMISSION PLANNING PROCESSES, AS APPLICABLE.
23 (V) THE CLEAN ENERGY PLAN MUST DESCRIBE THE EFFECT OF THE
24 ACTIONS AND INVESTMENTS INCLUDED IN THE CLEAN ENERGY PLAN ON
25 THE SAFETY, RELIABILITY, RENEWABLE ENERGY INTEGRATION, AND
26 RESILIENCE OF ELECTRIC SERVICE IN THE STATE OF COLORADO.
27 (VI) THE CLEAN ENERGY PLAN MUST SET FORTH THE PROJECTED
28 COST OF ITS IMPLEMENTATION AND ANTICIPATED REDUCTIONS IN CARBON
29 DIOXIDE AND OTHER EMISSIONS.
30 (VII) IF THE CLEAN ENERGY PLAN INCLUDES ACCELERATED
31 RETIREMENT OF ANY EXISTING GENERATING FACILITIES, THE CLEAN
32 ENERGY PLAN MUST INCLUDE WORKFORCE TRANSITION AND COMMUNITY
33 ASSISTANCE PLANS FOR UTILITY WORKERS IMPACTED BY ANY CLEAN
34 ENERGY PLAN AND A PLAN TO PAY COMMUNITY ASSISTANCE TO ANY
35 LOCAL GOVERNMENT OR SCHOOL DISTRICT, THE VOTERS OF WHICH HAVE
36 APPROVED PROJECTS THE COSTS OF WHICH ARE EXPECTED TO BE PAID FOR
37 FROM PROPERTY TAXES THAT ARE DIRECTLY IMPACTED BY THE
38 ACCELERATED RETIREMENT OF THE ELECTRIC GENERATING FACILITY IN AN
39 AMOUNT EQUAL TO THE COSTS OF THE VOTER-APPROVED PROJECTS THAT
40 WERE EXPECTED TO BE PAID FROM THE REVENUE SOURCES DIRECTLY
41 IMPACTED BY THE ACCELERATED RETIREMENT OF THE PROJECTS,
42 INCLUDING BUT NOT LIMITED TO THE PAYMENT OF BONDS, NOTES, OR
43 OTHER MULTIPLE-FISCAL YEAR OBLIGATIONS OR LEASE PURCHASE
44 AGREEMENTS THAT HAVE BEEN ISSUED OR ENTERED INTO TO PAY THE
45 COSTS OF SUCH PROJECTS. ANY PAYMENT OF COMMUNITY ASSISTANCE
46 SHALL BE REDUCED ON AN EQUIVALENT BASIS TO THE EXTENT THAT
47 PROPERTY TAX IS DERIVED FROM NEW ELECTRIC INFRASTRUCTURE
48 DEVELOPED IN THE SAME IMPACTED COMMUNITY. THE QUALIFYING RETAIL
49 UTILITY MAY PROPOSE A COST-RECOVERY MECHANISM TO RECOVER THE
50 PRUDENTLY INCURRED COSTS OF ANY WORKFORCE TRANSITION AND
51 COMMUNITY ASSISTANCE PLANS. THE WORKFORCE TRANSITION AND
52 COMMUNITY ASSISTANCE PLANS MUST INCLUDE, TO THE EXTENT FEASIBLE,
53 ESTIMATES OF:
54 (A) THE NUMBER OF WORKERS EMPLOYED BY THE UTILITY OR A
55 CONTRACTOR OF THE UTILITY AT THE ELECTRIC GENERATING FACILITY;
1 (B) THE TOTAL NUMBER OF EXISTING WORKERS WITH JOBS THAT
2 WILL BE RETAINED AND THE TOTAL NUMBER OF EXISTING WORKERS WITH
3 JOBS THAT WILL BE ELIMINATED DUE TO THE RETIREMENT OF THE
4 ELECTRIC GENERATING FACILITY;
5 (C) WITH RESPECT TO THE EXISTING WORKERS WITH JOBS THAT
6 WILL BE ELIMINATED DUE TO THE RETIREMENT OF THE ELECTRIC
7 GENERATING FACILITY, THE TOTAL NUMBER AND NUMBER BY JOB
8 CLASSIFICATION OF WORKERS FOR WHOM: EMPLOYMENT WILL END
9 WITHOUT BEING OFFERED OTHER EMPLOYMENT BY THE UTILITY; THE
10 WORKERS WILL RETIRE AS PLANNED, BE OFFERED EARLY RETIREMENT, OR
11 LEAVE VOLUNTARILY; THE WORKERS WILL BE RETAINED BY BEING
12 TRANSFERRED TO OTHER ELECTRIC GENERATING FACILITIES OR OFFERED
13 OTHER EMPLOYMENT BY THE UTILITY; AND THE WORKERS WILL BE
14 RETRAINED TO CONTINUE TO WORK FOR THE UTILITY IN A NEW JOB
15 CLASSIFICATION;
16 (D) IF THE UTILITY IS REPLACING THE ELECTRIC GENERATING
17 FACILITY BEING RETIRED WITH A NEW ELECTRIC GENERATING FACILITY:
18 THE NUMBER OF WORKERS FROM THE RETIRED ELECTRIC GENERATING
19 FACILITY THAT WILL BE OFFERED EMPLOYMENT AT THE NEW ELECTRIC
20 GENERATING FACILITY; AND THE NUMBER OF JOBS AT THE NEW ELECTRIC
21 GENERATING FACILITY THAT WILL BE OUTSOURCED TO SUBCONTRACTORS.
22 THE UTILITY SHALL DEVELOP A TRAINING OR APPRENTICESHIP PROGRAM,
23 UNDER THE TERMS OF AN APPLICABLE COLLECTIVE BARGAINING
24 AGREEMENT, IF ANY, FOR THE MAINTENANCE AND OPERATION OF ANY NEW
25 COMBINATION GENERATION AND STORAGE FACILITY OWNED BY THE
26 UTILITY THAT DOES NOT EMIT CARBON DIOXIDE, TO WHICH FACILITY
27 DISPLACED WORKERS MAY TRANSFER AS APPROPRIATE.
28 (VIII) IF THE MINIMUM AMOUNTS OF ELECTRICITY FROM ELIGIBLE
29 ENERGY RESOURCES SET FORTH IN SECTION 40-2-124 (1)(c) ARE
30 SATISFIED, A QUALIFYING RETAIL UTILITY MAY PROPOSE TO USE UP TO
124 31 ONE-HALF OF THE FUNDS COLLECTED ANNUALLY UNDER SECTION 40-2-
32 (1)(g), AS WELL AS ANY ACCRUED FUNDS, TO RECOVER THE INCREMENTAL
33 COST OF CLEAN ENERGY RESOURCES AND THEIR DIRECTLY RELATED
34 INTERCONNECTION FACILITIES. THE UTILITY MAY ACCOUNT FOR THESE
35 FUNDS IN CALCULATING THE COST OF THE PLAN.
36 (b) THE DIVISION OF ADMINISTRATION IN THE DEPARTMENT OF
37 PUBLIC HEALTH AND ENVIRONMENT SHALL PARTICIPATE IN ANY
38 PROCEEDING SEEKING APPROVAL OF A CLEAN ENERGY PLAN DEVELOPED
39 BY A QUALIFYING RETAIL UTILITY PURSUANT TO THIS SECTION. THE
40 DIVISION SHALL DESCRIBE THE METHODS OF MEASURING CARBON DIOXIDE
41 EMISSIONS AND SHALL VERIFY THE PROJECTED CARBON DIOXIDE EMISSION
42 REDUCTIONS AS A RESULT OF THE CLEAN ENERGY PLAN.
43 (c) AFTER CONSULTING WITH THE AIR QUALITY CONTROL
44 COMMISSION, THE DIVISION OF ADMINISTRATION SHALL DETERMINE
45 WHETHER A CLEAN ENERGY PLAN AS FILED UNDER THIS SECTION WILL
46 RESULT IN AN EIGHTY-PERCENT REDUCTION, RELATIVE TO 2005 LEVELS,
47 IN CARBON DIOXIDE EMISSIONS FROM THE QUALIFYING RETAIL UTILITY'S
48 COLORADO ELECTRICITY SALES BY 2030 AND IS OTHERWISE CONSISTENT
49 WITH ANY GREENHOUSE GAS EMISSION REDUCTION GOALS ESTABLISHED
50 BY THE STATE OF COLORADO. THE DIVISION SHALL PUBLISH, AND SHALL
51 REPORT TO THE PUBLIC UTILITIES COMMISSION, THE DIVISION'S
52 CALCULATION OF CARBON DIOXIDE EMISSION REDUCTIONS ATTRIBUTABLE
53 TO ANY APPROVED CLEAN ENERGY PLAN. NOTHING IN THE DIVISION'S
54 ENGAGEMENT IN THIS PROCESS SHALL BE CONSTRUED TO DIMINISH OR
55 OVERRIDE THE COMMISSION'S AUTHORITY UNDER THIS TITLE 40.
1 (d) THE COMMISSION SHALL APPROVE THE CLEAN ENERGY PLAN IF
2 THE COMMISSION FINDS IT TO BE IN THE PUBLIC INTEREST AND CONSISTENT
3 WITH THE CLEAN ENERGY TARGET IN SUBSECTION (3)(a)(I) OF THIS
4 SECTION, AND THE COMMISSION MAY MODIFY THE PLAN IF THE
5 MODIFICATION IS NECESSARY TO ENSURE THAT THE PLAN IS IN THE PUBLIC
6 INTEREST. IN EVALUATING WHETHER A CLEAN ENERGY PLAN SUBMITTED
7 TO THE COMMISSION IS IN THE PUBLIC INTEREST, THE COMMISSION SHALL
8 CONSIDER THE FOLLOWING FACTORS, AMONG OTHER RELEVANT FACTORS
9 AS DEFINED BY THE COMMISSION:
10 (I) REDUCTIONS IN CARBON DIOXIDE AND OTHER EMISSIONS THAT
11 WILL BE ACHIEVED THROUGH THE CLEAN ENERGY PLAN AND THE
12 ENVIRONMENTAL AND HEALTH BENEFITS OF THOSE REDUCTIONS;
13 (II) THE FEASIBILITY OF THE CLEAN ENERGY PLAN AND THE CLEAN
14 ENERGY PLAN'S IMPACT ON THE RELIABILITY AND RESILIENCE OF THE
15 ELECTRIC SYSTEM. THE COMMISSION SHALL NOT APPROVE ANY PLAN THAT
16 DOES NOT PROTECT SYSTEM RELIABILITY.
17 (III) WHETHER THE CLEAN ENERGY PLAN WILL RESULT IN A
18 REASONABLE COST TO CUSTOMERS, AS EVALUATED ON A NET PRESENT
19 VALUE BASIS. IN EVALUATING THE COST IMPACTS OF THE CLEAN ENERGY
20 PLAN, THE COMMISSION SHALL CONSIDER THE EFFECT ON CUSTOMERS OF
21 THE PROJECTED COSTS ASSOCIATED WITH THE PLAN AS SET FORTH IN
22 SUBSECTION (4)(a)(VI) OF THIS SECTION AS WELL AS ANY PROJECTED
23 SAVINGS ASSOCIATED WITH THE PLAN, INCLUDING PROJECTED AVOIDED
24 FUEL COSTS.
25 (e) IF THE COMMISSION FINDS THAT APPROVAL OF THE CLEAN
26 ENERGY PLAN IS NOT IN THE PUBLIC INTEREST, OR IF THE COMMISSION
27 MODIFIES THE PLAN, THE UTILITY MAY CHOOSE TO SUBMIT AN AMENDED
28 PLAN TO THE COMMISSION FOR APPROVAL IN LIEU OF HAVING NO PLAN OR
29 IMPLEMENTING THE MODIFIED PLAN. NO CLEAN ENERGY PLAN IS
30 EFFECTIVE WITHOUT COMMISSION APPROVAL, AND A QUALIFYING RETAIL
31 UTILITY SHALL NOT BE REQUIRED TO SUBMIT MORE THAN ONE PLAN FOR
32 COMMISSION APPROVAL.
33 (5) Regulatory matters. (a) Ensuring retail rate stability.
34 (I) THE COMMISSION SHALL ESTABLISH A MAXIMUM ELECTRIC RETAIL
35 RATE IMPACT OF ONE AND ONE-HALF PERCENT OF THE TOTAL ELECTRIC
36 BILL ANNUALLY FOR EACH CUSTOMER FOR IMPLEMENTATION OF THE
37 APPROVED ADDITIONAL CLEAN ENERGY PLAN ACTIVITIES, CONSISTENT
38 WITH THIS SUBSECTION (5). NOTHING IN THIS SUBSECTION (5)(a)
39 SUPERSEDES SUBSECTION (3)(a)(I) OF THIS SECTION.
40 (II) A QUALIFYING RETAIL UTILITY SHALL COLLECT REVENUES FOR
41 THE ADDITIONAL CLEAN ENERGY PLAN ACTIVITIES THROUGH A CLEAN
42 ENERGY PLAN REVENUE RIDER ASSESSED ON A PERCENTAGE BASIS ON ALL
43 RETAIL CUSTOMER BILLS, AS DEEMED PRUDENT BY THE COMMISSION. THE
44 REVENUE RIDER MAY BE ESTABLISHED AS EARLY AS THE YEAR FOLLOWING
45 APPROVAL OF A CLEAN ENERGY PLAN BY THE COMMISSION, AND THE
46 QUALIFYING RETAIL UTILITY MAY PROPOSE A COMMENCEMENT DATE AND
47 LEVEL NO GREATER THAN THE MAXIMUM ELECTRIC RETAIL RATE IMPACT.
48 THE REVENUE RIDER SHALL AFFORD THE QUALIFYING RETAIL UTILITY COST
49 RECOVERY TREATMENT UP TO THE MAXIMUM ELECTRIC RETAIL RATE
50 IMPACT UNTIL THE FIRST RATE CASE FOLLOWING THE FINAL
51 IMPLEMENTATION OF THE CLEAN ENERGY PLAN, AT WHICH TIME THE
52 REMAINING COSTS AND SAVINGS ASSOCIATED WITH THE CLEAN ENERGY
53 PLAN WILL BE INCORPORATED INTO BASE RATES. THE QUALIFYING RETAIL
54 UTILITY MAY PROPOSE TO ADJUST THE LEVEL OF THE RETAIL RATE RIDER
55 OVER TIME SO LONG AS IT DOES NOT EXCEED THE MAXIMUM RETAIL RATE
1 IMPACT AND AS DEEMED PRUDENT BY THE COMMISSION. NOTHING IN THIS
2 SUBSECTION (5) AFFECTS THE COMMISSION'S AUTHORITY TO EVALUATE
3 THE PRUDENCE OF COSTS ASSOCIATED WITH APPROVED CLEAN ENERGY
4 PLAN ACTIVITIES.
5 (III) THE CLEAN ENERGY PLAN REVENUE RIDER WILL BE UTILIZED
6 FOR COSTS OF A QUALIFYING RETAIL UTILITY'S CLEAN ENERGY PLAN
7 CAPITAL INVESTMENTS AND OPERATING AND RELATED EXPENSES,
8 EXCLUSIVE OF:
9 (A) FUEL AND TRANSMISSION COSTS;
10 (B) COSTS ASSOCIATED WITH THE CAPITAL INVESTMENTS AND
11 OPERATING AND RELATED EXPENSES WITHIN THE OVERALL APPROVED
12 RESOURCE PORTFOLIO NECESSARY TO FULLY SATISFY THE RESOURCE NEED
13 IDENTIFIED FOR THE ELECTRIC RESOURCE PLAN WITHOUT THE CLEAN
14 ENERGY PLAN;
15 (C) THE INCREMENTAL COSTS OF ELIGIBLE ENERGY RESOURCES
16 RECOVERED WITH FUNDS COLLECTED UNDER SECTION 40-2-124 (1)(g);
17 AND
18 (D) THE INCREMENTAL COSTS OF ANY CLEAN ENERGY RESOURCES
19 AND THEIR DIRECTLY RELATED INTERCONNECTION FACILITIES THAT,
20 SUBJECT TO COMMISSION APPROVAL, ARE RECOVERED WITH FUNDS
21 COLLECTED UNDER SECTION 40-2-124 (1)(g) IN ACCORDANCE WITH
22 SUBSECTION (4)(a)(VIII) OF THIS SECTION. SAVINGS ASSOCIATED WITH
23 THE PLAN WILL RETURN TO CUSTOMERS THROUGH EXISTING RATE RIDERS
24 AND BASE RATE ADJUSTMENTS.
25 (IV) THE CLEAN ENERGY PLAN REVENUE RIDER SHALL AFFORD
26 CUSTOMERS CERTAINTY ON THE MAXIMUM RATE IMPACT OF THE
27 APPROVED ADDITIONAL CLEAN ENERGY PLAN ACTIVITIES THROUGH AT
28 LEAST CALENDAR YEAR 2030. ANNUALLY, THE QUALIFYING RETAIL
29 UTILITY SHALL FILE A REPORT WITH THE COMMISSION INDICATING, AT A
30 MINIMUM:
31 (A) THE AMOUNT OF RIDER COLLECTIONS;
32 (B) THE REVENUE REQUIREMENT ASSOCIATED WITH THE APPROVED
33 ADDITIONAL CLEAN ENERGY PLAN ACTIVITIES TO BE PAID FOR FROM THE
34 RIDER COLLECTIONS;
35 (C) ANY POSITIVE OR NEGATIVE RIDER ACCOUNT BALANCE;
36 (D) INTEREST EXPENSE ASSOCIATED WITH THE REVENUE RIDER
37 BALANCE; AND
38 (E) ANY OTHER INFORMATION REQUIRED BY THE COMMISSION.
39 (V) IN THE FIRST RATE CASE FOLLOWING THE FINAL
40 IMPLEMENTATION OF THE CLEAN ENERGY PLAN, THE COMMISSION SHALL
41 CONDUCT A FINAL RECONCILIATION OF THE CLEAN ENERGY PLAN REVENUE
42 RIDER AND DETERMINE HOW TO ACCOUNT FOR ANY POSITIVE OR NEGATIVE
43 RIDER BALANCE. IN THE MANNER DETERMINED BY THE COMMISSION, ANY
44 REMAINING POSITIVE BALANCE SHALL BE RETURNED TO CUSTOMERS OR
45 USED TO REDUCE CUSTOMER RATES AND ANY NEGATIVE BALANCE SHALL
46 BE INCORPORATED INTO THE QUALIFYING RETAIL UTILITY'S RATES.
47 (b) THE QUALIFYING RETAIL UTILITY SHALL UTILIZE A
48 COMPETITIVE BIDDING PROCESS, AS DEFINED BY THE COMMISSION IN
49 RULES, TO PROCURE ANY ENERGY RESOURCES TO FILL THE CUMULATIVE
50 RESOURCE NEED DERIVED FROM THE ELECTRIC RESOURCE PLAN AND THE
51 CLEAN ENERGY PLAN IN SUBSECTION (4)(a)(III) OF THIS SECTION. THE
52 COMMISSION SHALL ALLOW THE QUALIFYING RETAIL UTILITY, INCLUSIVE
53 OF ANY OWNERSHIP BY ITS AFFILIATES, TO OWN A TARGET OF FIFTY
54 PERCENT OF THE ENERGY AND CAPACITY ASSOCIATED WITH THE CLEAN
55 ENERGY RESOURCES AND ANY OTHER ENERGY RESOURCES DEVELOPED OR
1 ACQUIRED TO MEET THE RESOURCE NEED, AS WELL AS ALL ASSOCIATED
2 INFRASTRUCTURE, IF THE COMMISSION FINDS THE COST OF UTILITY OR
3 AFFILIATE OWNERSHIP OF THE GENERATION ASSETS COMES AT A
4 REASONABLE COST AND RATE IMPACT. UTILITY OWNERSHIP MAY COME
5 FROM UTILITY OR AFFILIATE SELF-BUILDS, BUILD-TRANSFERS FROM
6 INDEPENDENT POWER PRODUCERS, OR SALES OF EXISTING ASSETS FROM
7 INDEPENDENT POWER PRODUCERS OR SIMILAR COMMERCIAL
8 ARRANGEMENTS.
9 (c) ANY ACTIONS, INCLUDING TRANSMISSION DEVELOPMENT,
10 TAKEN BY THE QUALIFYING RETAIL UTILITY SHALL BE PRESUMED PRUDENT
11 TO THE EXTENT THOSE ACTIONS ARE A PART OF AN APPROVED CLEAN
12 ENERGY PLAN.
13 (d) FOR THE PURPOSES OF THIS SECTION, THE CLEAN ENERGY
14 TARGET EVALUATION WILL BE BASED UPON THE QUALIFYING RETAIL
15 UTILITY'S ELECTRICITY SALES WITHIN ITS ELECTRIC SERVICE TERRITORY AS
16 IT EXISTED ON JANUARY 1, 2019. IN THE EVENT OF A SIGNIFICANT
17 ACQUISITION, THE QUALIFYING RETAIL UTILITY MAY FILE WITHIN ONE
18 YEAR AFTER THE ACQUISITION AN ADDITIONAL CLEAN ENERGY PLAN TO
19 ADDRESS THAT ACQUISITION, AND THE COMMISSION SHALL CONSIDER THE
20 ADDITIONAL CLEAN ENERGY PLAN CONSISTENT WITH THE GOALS OF THIS
21 SECTION.
22 (e) THE COMMISSION MAY, ON ITS OWN MOTION OR UPON
23 APPLICATION BY A QUALIFYING RETAIL UTILITY, AMEND AN APPROVED
24 CLEAN ENERGY PLAN IF AMENDMENT IS NECESSARY TO ENSURE THE
25 RELIABILITY AND RESILIENCE OF THE ELECTRIC SYSTEM. THE COMMISSION
26 MAY REQUIRE THE QUALIFYING RETAIL UTILITY TO PROVIDE SUCH
27 PERIODIC REPORTS ON THE RELIABILITY AND RESILIENCY OF THE ELECTRIC
28 SYSTEM AS IT MAY DEEM APPROPRIATE TO ENSURE THE CLEAN ENERGY
29 PLAN DOES NOT ADVERSELY IMPACT RELIABILITY OR RESILIENCY.
30 (f) (I) A CLEAN ENERGY PLAN VOLUNTARILY FILED BY A
31 MUNICIPAL UTILITY OR A COOPERATIVE ELECTRIC ASSOCIATION THAT HAS
32 VOTED TO EXEMPT ITSELF FROM REGULATION BY THE COMMISSION
33 PURSUANT TO ARTICLE 9.5 OF THIS TITLE 40 SHALL BE DEEMED APPROVED
34 BY THE COMMISSION AS FILED IF:
35 (A) THE DIVISION OF ADMINISTRATION, IN CONSULTATION WITH
36 THE COMMISSION, VERIFIES THAT THE PLAN DEMONSTRATES THAT, BY
37 2030, THE MUNICIPAL UTILITY OR COOPERATIVE ELECTRIC ASSOCIATION
38 WILL ACHIEVE AT LEAST AN EIGHTY PERCENT REDUCTION IN GREENHOUSE
39 GAS EMISSIONS CAUSED BY THE ENTITY'S COLORADO ELECTRICITY SALES
40 RELATIVE TO 2005 LEVELS; AND
41 (B) THE CLEAN ENERGY PLAN HAS PREVIOUSLY BEEN APPROVED
42 BY A VOTE OF THE ENTITY'S GOVERNING BODY.
43 (II) VOLUNTARY SUBMISSION OF A CLEAN ENERGY PLAN BY A
44 MUNICIPAL UTILITY OR A COOPERATIVE ELECTRIC ASSOCIATION DOES NOT
45 ALTER THE ENTITY'S REGULATORY STATUS WITH RESPECT TO THE
46 COMMISSION, INCLUDING UNDER ARTICLE 9.5 OF THIS TITLE 40.
47 (g) NOTHING IN THIS SUBSECTION (5) PRECLUDES THE USE OF
48 BONDS AS A MECHANISM FOR RECOVERING UTILITY CAPITAL IN A RETIRED
49 ELECTRIC GENERATING FACILITY.
50 (6) Reports. ONE YEAR AFTER APPROVAL OF ANY ELECTRIC
51 RESOURCE PLAN THAT INCORPORATES A CLEAN ENERGY PLAN, THE
52 QUALIFYING RETAIL UTILITY SHALL PREPARE A REPORT TO THE GOVERNOR,
53 THE GENERAL ASSEMBLY, THE PUBLIC UTILITIES COMMISSION, AND THE AIR
54 QUALITY CONTROL COMMISSION OUTLINING PROGRESS TOWARD THE
55 CLEAN ENERGY TARGETS SET FORTH IN THIS SECTION. THE REPORT MUST
1 SET FORTH THE CLEAN ENERGY RESOURCES DEVELOPED UNDER ANY CLEAN
2 ENERGY PLAN, THE COST AND CUSTOMER IMPACT OF THOSE CLEAN ENERGY
3 RESOURCES, THE EFFECT OF ANY APPROVED CLEAN ENERGY PLAN ON
4 SYSTEM RELIABILITY, AND ANY OTHER RELEVANT INFORMATION. THE
5 REPORT MUST ALSO IDENTIFY THE NEED FOR NEW OR ADDITIONAL
6 TECHNOLOGY DEVELOPMENT NECESSARY TO ACHIEVE THE CLEAN ENERGY
7 TARGETS OF THIS SECTION.
8 (7) Future electric resource plans. ANY ELECTRIC RESOURCE
9 PLAN SUBMITTED TO THE COMMISSION AFTER APPROVAL OF THE CLEAN
10 ENERGY PLAN MUST INCLUDE AN UPDATE ON THE PROGRESS MADE
11 TOWARD THE APPROVED CLEAN ENERGY PLAN, AS WELL AS ACTIONS AND
12 INVESTMENTS BY THE QUALIFYING RETAIL UTILITY PROJECTED TO ACHIEVE
13 COMPLIANCE WITH THE EMISSION REDUCTION TARGET IDENTIFIED IN
14 SUBSECTION (3)(a)(I) OF THIS SECTION AND MAKE PROGRESS TOWARD THE
15 ONE-HUNDRED-PERCENT CLEAN ENERGY GOAL SET FORTH IN SUBSECTION
16 (3)(a)(II) OF THIS SECTION. THE COMMISSION MAY SOLICIT INPUT FROM
17 THE DIVISION OF ADMINISTRATION FOR ASSISTANCE IN EVALUATING THE
18 EMISSION REDUCTIONS ASSOCIATED WITH ANY FUTURE ELECTRIC
19 RESOURCE PLAN AND CONSISTENT WITH THE CLEAN ENERGY TARGETS OF
20 THIS SECTION. THE COMMISSION SHALL REVIEW THE QUALIFYING RETAIL
21 UTILITY'S ACTIONS AND INVESTMENTS IN ACCORDANCE WITH THE
22 STANDARDS SET FORTH IN SUBSECTION (4)(d) OF THIS SECTION.
23 (8) Regional transmission investigation. THE COMMISSION
24 SHALL OPEN AN INVESTIGATORY PROCEEDING FOR PURPOSES OF
25 EVALUATING AND CONSIDERING THE COSTS AND BENEFITS ASSOCIATED
26 WITH REGIONAL TRANSMISSION ORGANIZATIONS, ENERGY IMBALANCE
27 MARKETS, JOINT TARIFFS, AND POWER POOLS.".
28
29 Renumber succeeding sections accordingly.
30
31 Page 4, after line 23 insert:
32
33 "SECTION 7. In Colorado Revised Statutes, amend 40-2-129 as
34 follows:
35 40-2-129. New resource acquisitions - factors in determination
36 - local employment - "best value" metrics. (1) (a) When evaluating
37 electric resource acquisitions and requests for a certificate of convenience
38 and necessity for construction or expansion of generating facilities,
39 including but not limited to pollution control or fuel conversion upgrades
40 and conversion of existing coal-fired plants to natural gas plants, the
41 commission shall consider, on a qualitative basis, factors that affect
42 employment and IN ALL DECISIONS INVOLVED IN ELECTRIC RESOURCE
43 ACQUISITION PROCESSES, BEST VALUE REGARDING EMPLOYMENT OF
44 COLORADO LABOR, AS DEFINED IN SECTION 8-17-101 (2)(a), AND POSITIVE
45 IMPACTS ON the long-term economic viability of Colorado communities.
46 To this end, the commission shall require utilities to request OBTAIN AND
47 PROVIDE TO THE COMMISSION the following information regarding "best
48 value" employment metrics: The availability of training programs,
49 including training through apprenticeship programs registered with the
50 United States department of labor, LABOR'S office of apprenticeship and
51 training OR BY STATE APPRENTICESHIP COUNCILS RECOGNIZED BY THAT
52 OFFICE; employment of Colorado workers LABOR as compared to
53 importation of out-of-state workers; long-term career opportunities; and
54 industry-standard wages, health care, and pension benefits. When a utility
55 proposes to construct new facilities of its own, the utility shall supply
1 similar information to the commission.
2 (b) ANY ELECTRIC RESOURCE ACQUISITION DECISION MUST BE
3 BASED IN PART ON REVIEW OF THE BEST VALUE EMPLOYMENT METRICS
4 CRITERIA SET FORTH IN ANY SOLICITATION DOCUMENT. THE COMMISSION
5 SHALL NOT APPROVE ANY ELECTRIC RESOURCE PLAN, ACQUISITION, OR
6 POWER PURCHASE AGREEMENT THAT FAILS TO EITHER:
7 (I) PROVIDE THE BEST VALUE EMPLOYMENT METRICS
8 DOCUMENTATION SPECIFIED IN THE SOLICITATION DOCUMENT; OR
9 (II) IN THE ALTERNATIVE, CERTIFY COMPLIANCE WITH OBJECTIVE
10 BEST VALUE EMPLOYMENT METRICS PERFORMANCE STANDARDS SET FORTH
11 IN THE SOLICITATION DOCUMENT.
12 (c) THE COMMISSION MAY WAIVE THE REQUIREMENTS OF THIS
13 SECTION IF A UTILITY AGREES TO USE A PROJECT LABOR AGREEMENT FOR
14 CONSTRUCTION OR EXPANSION OF A GENERATING FACILITY.
15 (2) FOLLOWING DEVELOPMENT OR ACQUISITION OF A GENERATING
16 FACILITY BY A UTILITY, FOR ALL GENERATING FACILITIES OWNED BY THE
17 UTILITY THAT DO NOT EMIT CARBON DIOXIDE, THE UTILITY SHALL USE
18 UTILITY EMPLOYEES OR QUALIFIED CONTRACTORS IF THE CONTRACTORS'
19 EMPLOYEES HAVE ACCESS TO AN APPRENTICESHIP PROGRAM REGISTERED
20 WITH THE UNITED STATES DEPARTMENT OF LABOR'S OFFICE OF
21 APPRENTICESHIP AND TRAINING OR BY A STATE APPRENTICESHIP COUNCIL
22 RECOGNIZED BY THAT OFFICE; EXCEPT THAT THIS APPRENTICESHIP
23 REQUIREMENT DOES NOT APPLY TO:
24 (a) THE DESIGN, PLANNING, OR ENGINEERING OF THE
25 INFRASTRUCTURE;
26 (b) MANAGEMENT FUNCTIONS TO OPERATE THE INFRASTRUCTURE;
27 OR
28 (c) ANY WORK INCLUDED IN A WARRANTY.
29 (3) THE PROVISIONS OF THIS SECTION REGARDING BEST VALUE
30 EMPLOYMENT METRICS DO NOT APPLY TO PROJECTS INVOLVING RETAIL
31 DISTRIBUTED GENERATION, AS DEFINED IN SECTION 40-2-124 (1)(a)(VIII)
32 OR 40-2-127(2)(b)(I)(B).".
33
34 Renumber succeeding sections accordingly.
35
36 Page 26, after line 21 insert:
37
38 "SECTION 22. In Colorado Revised Statutes, add article 41 to
39 title 40 as follows:
41 40 ARTICLE
41 Colorado Energy Impact Bond Act
42 40-41-101. Short title. THE SHORT TITLE OF THIS ARTICLE 41 IS
43 THE "COLORADO ENERGY IMPACT BOND ACT".
44 40-41-102. Definitions. AS USED IN THIS ARTICLE 41, UNLESS THE
45 CONTEXT OTHERWISE REQUIRES:
46 (1) "ADJUSTMENT MECHANISM" MEANS A FORMULA-BASED
47 MECHANISM FOR MAKING AUTOMATIC ADJUSTMENTS TO CO-EI CHARGES
48 AUTHORIZED IN A FINANCING ORDER AND FOR MAKING ANY ADJUSTMENTS
49 THAT ARE NECESSARY TO CORRECT FOR OVERCOLLECTION OR
50 UNDERCOLLECTION OF SUCH CHARGES OR OTHERWISE ENSURE THE TIMELY
51 AND COMPLETE PAYMENT OF THE CO-EI BONDS AND ALL FINANCING
52 COSTS.
53 (2) "ANCILLARY AGREEMENT" MEANS ANY BOND, INSURANCE
54 POLICY, LETTER OF CREDIT, RESERVE ACCOUNT, SURETY BOND, INTEREST
55 RATE LOCK OR SWAP ARRANGEMENT, HEDGING ARRANGEMENT, LIQUIDITY
1 OR CREDIT SUPPORT ARRANGEMENT, OR OTHER FINANCIAL ARRANGEMENT
2 ENTERED INTO IN CONNECTION WITH CO-EI BONDS THAT IS DESIGNED TO
3 PROMOTE THE CREDIT QUALITY AND MARKETABILITY OF THE CO-EI
4 BONDS OR TO MITIGATE THE RISK OF AN INCREASE IN INTEREST RATES.
5 (3) "ASSIGNEE" MEANS ANY PERSON TO WHICH AN INTEREST IN
6 CO-EI PROPERTY IS SOLD, ASSIGNED, TRANSFERRED, OR CONVEYED,
7 OTHER THAN AS SECURITY, AND ANY SUCCESSOR TO OR SUBSEQUENT
8 ASSIGNEE OF SUCH A PERSON.
9 (4) "BONDHOLDER" MEANS ANY HOLDER OR OWNER OF CO-EI
10 BONDS.
11 (5) "CO-EI BONDS" MEANS COLORADO ENERGY IMPACT BONDS
12 THAT ARE LOW-COST CORPORATE SECURITIES, SU
House Journal, May 2
52 SB19-236 be amended as follows, and as so amended, be referred to
53 the Committee of the Whole with favorable
54 recommendation:
55
1 Amend the Appropriations Committee Report, dated May 1, 2019, page
2 1, line 7, strike "3" and substitute "12".
3
4 Page 1 of the report, line 9, strike "$372,725" and substitute "$907,566".
5
6 Page 1 of the report, line 13, strike "$243,381" and substitute "$675,343".
7
8 Page 1 of the report, line 15, strike "2.5 FTE;" and substitute "7.5 FTE;".
9
10 Page 1 of the report, line 16, strike "$17,424" and substitute "$45,689".
11
12 Page 1 of the report, strike line 17 and substitute:
13
14 "expenses; and
15 (c) $186,534 for the purchase of legal services.
16 (2) For the 2019-20 state fiscal year, $186,534 is appropriated to
17 the department of law. This appropriation is from reappropriated funds
18 received from the department of regulatory agencies under subsection
19 (1)(c) of this section and is based on an assumption that the department
20 of law will require an additional 1.0 FTE. To implement this act, the
21 department of law may use this appropriation to provide legal services for
22 the department of regulatory agencies.".
23
24
House Journal, May 3
26 Amend revised bill, page 7, line 19, after "(c)" insert "(I)".
27
28 Page 7, after line 22 insert:
29
30 "(II) "QUALIFYING RETAIL UTILITY" DOES NOT INCLUDE A
31 MUNICIPALLY OWNED UTILITY.".
32
33 The amendment was declared passed by the following roll call vote:
34
35 YES 64 NO 0 EXCUSED 1 ABSENT
36 Arndt Y Exum E Landgraf Y Saine Y
37 Baisley Y Froelich Y Larson Y Sandridge Y
38 Beckman Y Galindo Y Lewis Y Singer Y
39 Benavidez Y Garnett Y Liston Y Sirota Y
40 Bird Y Geitner Y Lontine Y Snyder Y
41 Bockenfeld Y Gonzales-Gutierrez Y McCluskie Y Soper Y
42 Buck Y Gray Y McKean Y Sullivan Y
43 Buckner Y Hansen Y McLachlan Y Tipper Y
44 Buentello Y Herod Y Melton Y Titone Y
45 Caraveo Y Hooton Y Michaelson Jenet Y Valdez A. Y
46 Carver Y Humphrey Y Mullica Y Valdez D. Y
47 Catlin Y Jackson Y Neville Y Van Winkle Y
48 Coleman Y Jaquez Lewis Y Pelton Y Weissman Y
49 Cutter Y Kennedy Y Ransom Y Will Y
50 Duran Y Kipp Y Rich Y Williams D. Y
51 Esgar Y Kraft-Tharp Y Roberts Y Wilson Y
52 Speaker Y
53
1 As shown by the following roll call vote, a majority of all members
2 elected to the House voted in the affirmative, and Representative Hansen
3 was given permission to offer a Third Reading amendment:
4
5 YES 40 NO 24 EXCUSED 1 ABSENT
6 Arndt Y Exum E Landgraf N Saine N
7 Baisley N Froelich Y Larson N Sandridge N
8 Beckman N Galindo Y Lewis N Singer Y
9 Benavidez Y Garnett Y Liston N Sirota Y
10 Bird Y Geitner N Lontine Y Snyder Y
11 Bockenfeld N Gonzales-Gutierrez Y McCluskie Y Soper Y
12 Buck N Gray Y McKean N Sullivan Y
13 Buckner Y Hansen Y McLachlan Y Tipper Y
14 Buentello Y Herod Y Melton Y Titone Y
15 Caraveo Y Hooton Y Michaelson Jenet Y Valdez A. Y
16 Carver N Humphrey N Mullica Y Valdez D. N
17 Catlin N Jackson Y Neville Y Van Winkle N
18 Coleman Y Jaquez Lewis Y Pelton N Weissman Y
19 Cutter Y Kennedy Y Ransom N Will N
20 Duran Y Kipp Y Rich N Williams D. N
21 Esgar N Kraft-Tharp Y Roberts Y Wilson N
22 Speaker Y
23
24 Third Reading amendment No. 2, by Representative Hansen.
25
26 Amend revised bill, page 26, line 2, after "PROPOSED" insert
27 "ACCELERATED".
28
29 The amendment was declared passed by the following roll call vote:
30
31 YES 44 NO 20 EXCUSED 1 ABSENT
32 Arndt Y Exum E Landgraf N Saine N
33 Baisley Y Froelich Y Larson N Sandridge N
34 Beckman N Galindo Y Lewis N Singer Y
35 Benavidez Y Garnett Y Liston N Sirota Y
36 Bird Y Geitner N Lontine Y Snyder Y
37 Bockenfeld N Gonzales-Gutierrez Y McCluskie Y Soper Y
38 Buck Y Gray Y McKean N Sullivan Y
39 Buckner Y Hansen Y McLachlan Y Tipper Y
40 Buentello Y Herod Y Melton Y Titone Y
41 Caraveo Y Hooton Y Michaelson Jenet Y Valdez A. Y
42 Carver N Humphrey Y Mullica Y Valdez D. N
43 Catlin N Jackson Y Neville Y Van Winkle N
44 Coleman Y Jaquez Lewis Y Pelton N Weissman Y
45 Cutter Y Kennedy Y Ransom Y Will N
46 Duran Y Kipp Y Rich N Williams D. N
47 Esgar N Kraft-Tharp Y Roberts Y Wilson N
48 Speaker Y
49
50 As shown by the following roll call vote, a majority of all members
51 elected to the House voted in the affirmative, and Representative McKean
52 was given permission to offer a Third Reading amendment:
53
1 YES 38 NO 26 EXCUSED 1 ABSENT
2 Arndt Y Exum E Landgraf Y Saine Y
3 Baisley Y Froelich N Larson Y Sandridge Y
4 Beckman Y Galindo N Lewis Y Singer N
5 Benavidez Y Garnett Y Liston Y Sirota N
6 Bird Y Geitner Y Lontine N Snyder N
7 Bockenfeld Y Gonzales-Gutierrez N McCluskie Y Soper Y
8 Buck Y Gray Y McKean Y Sullivan N
9 Buckner N Hansen N McLachlan N Tipper N
10 Buentello N Herod N Melton Y Titone N
11 Caraveo N Hooton Y Michaelson Jenet N Valdez A. Y
12 Carver Y Humphrey Y Mullica Y Valdez D. Y
13 Catlin Y Jackson N Neville Y Van Winkle Y
14 Coleman N Jaquez Lewis N Pelton Y Weissman N
15 Cutter N Kennedy N Ransom Y Will Y
16 Duran N Kipp Y Rich Y Williams D. Y
17 Esgar Y Kraft-Tharp N Roberts Y Wilson Y
18 Speaker N
19
20 Third Reading amendment No. 3, by Representative McKean.
21
22 Amend reengrossed bill, page 3, after line 1 insert:
23 "SECTION 1. Short title. The short title of this act is the
24 "TURDUCKEN Act of 2019 (With a Slice of PUC-in Pie).".
25
26 Renumber succeeding sections accordingly.
27
28 The amendment was declared lost by the following roll call vote:
29
30 YES 30 NO 34 EXCUSED 1 ABSENT
31 Arndt Y Exum E Landgraf Y Saine Y
32 Baisley Y Froelich N Larson Y Sandridge Y
33 Beckman Y Galindo N Lewis Y Singer N
34 Benavidez Y Garnett N Liston Y Sirota N
35 Bird N Geitner Y Lontine N Snyder N
36 Bockenfeld Y Gonzales-Gutierrez N McCluskie N Soper Y
37 Buck Y Gray Y McKean Y Sullivan N
38 Buckner N Hansen N McLachlan N Tipper N
39 Buentello N Herod N Melton Y Titone N
40 Caraveo N Hooton Y Michaelson Jenet N Valdez A. N
41 Carver N Humphrey Y Mullica N Valdez D. Y
42 Catlin Y Jackson N Neville Y Van Winkle Y
43 Coleman N Jaquez Lewis N Pelton Y Weissman N
44 Cutter N Kennedy N Ransom Y Will Y
45 Duran N Kipp N Rich Y Williams D. Y
46 Esgar Y Kraft-Tharp N Roberts N Wilson Y
47 Speaker N
48
49 The question being, "Shall the bill, as amended, pass?".
50 A roll call vote was taken. As shown by the following recorded vote, a
51 majority of those elected to the House voted in the affirmative, and the
52 bill, as amended, was declared passed.
53
1 YES 40 NO 24 EXCUSED 1 ABSENT
2 Arndt Y Exum E Landgraf N Saine N
3 Baisley N Froelich Y Larson N Sandridge N
4 Beckman N Galindo Y Lewis N Singer Y
5 Benavidez Y Garnett Y Liston N Sirota Y
6 Bird Y Geitner N Lontine Y Snyder Y
7 Bockenfeld N Gonzales-Gutierrez Y McCluskie Y Soper N
8 Buck N Gray Y McKean N Sullivan Y
9 Buckner Y Hansen Y McLachlan Y Tipper Y
10 Buentello Y Herod Y Melton Y Titone Y
11 Caraveo Y Hooton Y Michaelson Jenet Y Valdez A. Y
12 Carver N Humphrey N Mullica Y Valdez D. Y
13 Catlin N Jackson Y Neville N Van Winkle N
14 Coleman Y Jaquez Lewis Y Pelton N Weissman Y
15 Cutter Y Kennedy Y Ransom N Will N
16 Duran Y Kipp Y Rich N Williams D. N
17 Esgar Y Kraft-Tharp Y Roberts Y Wilson N
18 Speaker Y
19 Co-sponsor(s) added: Representative(s) Arndt, Bird, Buentello, Cutter, Duran,
20 Kipp, McCluskie, Michaelson Jenet, Roberts, Sirota, Snyder, Tipper, Valdez A.