Amendments for SB23-016
Senate Journal, January 26
After consideration on the merits, the Committee recommends that SB23-016 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 7, line 27, strike "GASES." and substitute "GASES IN A
VERIFIABLE MANNER THAT MEETS COLORADO'S SHORT- AND LONG-TERM
GREENHOUSE GAS EMISSION REDUCTION GOALS, AS SET FORTH IN SECTION
25-7-102 (2)(g).".
Page 13, after line 23 insert:
"SECTION 9. In Colorado Revised Statutes, 40-1-126, add (2.5) as
follows:
40-2-126. Transmission facilities - biennial review - energy resource
zones - definitions - plans - approval - cost recovery - powerline trail
consideration. (2.5) IN REVIEWING A PLAN THAT AN ELECTRIC UTILITY
SUBMITS PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, THE COMMISSION
SHALL CONSIDER THE NEED FOR EXPANDED TRANSMISSION CAPACITY IN THE
STATE, INCLUDING THE ABILITY TO EXPAND CAPACITY THROUGH THE
CONSTRUCTION OF NEW TRANSMISSION LINES, IMPROVEMENTS TO EXISTING
TRANSMISSION LINES, AND CONNECTIONS TO ORGANIZED WHOLESALE MARKETS,
AS DEFINED IN SECTION 40-5-108 (1)(a).".
Renumber succeeding sections accordingly.
Page 16, strike lines 19 through 27.
Page 17, strike lines 1 through 12.
Renumber succeeding sections accordingly.
Page 17, after line 21 insert:
"SECTION 12. In Colorado Revised Statutes, add 40-42-109 as
follows:
40-42-109. Study on expanding transmission capacity - reporting
- repeal. (1) THE AUTHORITY SHALL EXPEND MONEY FROM THE OPERATIONAL
FUND CREATED IN SECTION 40-42-106 TO STUDY THE NEED FOR EXPANDED
TRANSMISSION CAPACITY IN THE STATE, INCLUDING:
(a) THE ABILITY TO EXPAND CAPACITY THROUGH THE CONSTRUCTION
OF NEW TRANSMISSION LINES, IMPROVEMENTS TO EXISTING TRANSMISSION
LINES, AND CONNECTIONS TO ORGANIZED WHOLESALE MARKETS, AS DEFINED IN
SECTION 40-5-108 (1)(a);
(b) WHETHER AND HOW EXPANDED TRANSMISSION CAPACITY WILL:
(I) IMPROVE THE SYSTEM RELIABILITY OF THE ELECTRIC GRID AND
PROVIDE OPTIMAL UTILIZATION OF ELECTRICITY FLOWS IN THE STATE;
(II) SUPPORT THE STATE'S EMISSION REDUCTION GOALS SET FORTH IN
SECTION 25-7-102 (2)(g);
(III) SUPPORT THE STATE'S FORECASTED ELECTRICITY NEEDS; AND
(IV) REDUCE LAND IMPACTS BY USING EXISTING RIGHTS-OF-WAY,
INCLUDING FOR LARGE CAPACITY TRANSMISSION LINES; CO-LOCATING MULTIPLE
TRANSMISSION LINES; RECONDUCTORING TRANSMISSION LINES; AND
STRATEGICALLY SITING NEW TRANSMISSION CORRIDORS.
(2) THE AUTHORITY SHALL PREPARE:
(a) AN INITIAL REPORT OF THE STUDY, INCLUDING ANY
RECOMMENDATIONS, AND PRESENT THE INITIAL REPORT TO THE COMMISSION ON
OR BEFORE SEPTEMBER 1, 2024; AND
(b) A FINAL REPORT OF THE STUDY, INCLUDING ANY
RECOMMENDATIONS, AND PRESENT THE FINAL REPORT TO THE JOINT COMMITTEE
OF THE HOUSE OF REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE
AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR
SUCCESSOR COMMITTEES, ON OR BEFORE JANUARY 31, 2025.
(3) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.".
Renumber succeeding sections accordingly.
Senate Journal, February 22
Amend printed bill, page 4, strike lines 4 through 10.
Renumber succeeding sections accordingly.
Page 9, strike lines 4 through 6 and substitute "THAT THE PERMITTING OF A
CLASS VI INJECTION WELL:
(A) DOES NOT DISPROPORTIONATELY AFFECT THE HEALTH AND
WELL-BEING OF DISPROPORTIONATELY IMPACTED COMMUNITIES; AND
(B) COMPLIES WITH A LOCAL GOVERNMENT'S SITING OF THE PROPOSED
CLASS VI INJECTION WELL LOCATION.".
Page 10, after line 17 insert:
"SECTION 7. In Colorado Revised Statutes, 38-30-168, amend
(1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:
38-30-168. Unreasonable restrictions on renewable energy
generation devices - definitions. (1) (b) As used in this section, "renewable
energy generation device" means:
(II) A wind-electric generator that meets the interconnection standards
established in rules promulgated by the public utilities commission pursuant to
section 40-2-124; or
(III) A geothermal energy device; OR
(IV) A HEAT PUMP SYSTEM, AS DEFINED IN SECTION 39-26-732 (2)(c).
SECTION 8. In Colorado Revised Statutes, 38-33.3-106.7, amend
(1)(b)(VI) as follows:
38-33.3-106.7. Unreasonable restrictions on energy efficiency
measures - definitions. (1) (b) As used in this section, "energy efficiency
measure" means a device or structure that reduces the amount of energy derived
from fossil fuels that is consumed by a residence or business located on the real
property. "Energy efficiency measure" is further limited to include only the
following types of devices or structures:
(VI) A heat pump SYSTEM, AS DEFINED IN SECTION 39-26-732 (2)(c).".
Renumber succeeding sections accordingly.
Page 16, after line 7 insert:
"SECTION 11. In Colorado Revised Statutes, 40-3.2-108, amend
(2)(a)(II) and (2)(p) introductory portion as follows:
40-3.2-108. Clean heat targets - legislative declaration - definitions
- plans - rules - reports. (2) Definitions. As used in this section, unless the
context otherwise requires:
(a) "Biomethane":
(II) Includes biomethane recovered from manure management systems
or anaerobic digesters, INCLUDING FROM OPERATIONS FOR DAIRY COWS, BEEF
CATTLE, POULTRY, SWINE, OR SHEEP, that has been processed to meet pipeline
quality.
(p) "Recovered methane protocol" means a documented set of
procedures and requirements established by the air quality control commission
to quantify ongoing greenhouse gas emission reductions or greenhouse gas
removal enhancements achieved by a recovered methane project and to
calculate the project baseline. IF A RECOVERED METHANE PROTOCOL DOES NOT
EXIST FOR A SOURCE OF RECOVERED METHANE IDENTIFIED IN SUBSECTION (2)(n)
OF THIS SECTION, THE AIR QUALITY CONTROL COMMISSION SHALL ESTABLISH A
RECOVERED METHANE PROTOCOL THAT IS CONSISTENT WITH THE LEGISLATIVE
DECLARATION SET FORTH IN SUBSECTION (1) OF THIS SECTION. A recovered
methane protocol must:".
Renumber succeeding sections accordingly.
Page 16, strike line 17 and substitute "FACILITIES, THAT ARE LOCATED PARTLY
OR ENTIRELY WITHIN COLORADO AND ARE APPROVED THROUGH A LOCAL
GOVERNMENT'S LAND-USE APPLICATION PROCESS, TO".
Page 18, line 1, strike "EXPEDITE" and substitute "EXPEDITE, AS PRACTICABLE,".
Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB23-016 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 13, strike lines 24 through 27.
Strike pages 14 and 15.
Page 16, strike lines 1 through 7 and substitute:
"SECTION 9. In Colorado Revised Statutes, 40-2-114, amend
(2)(a)(III) as follows:
40-2-114. Disposition of fees collected - telecommunications utility
fund - fixed utility fund - appropriation. (2) (a) Money in the funds created
in subsection (1) of this section shall be expended only to defray the full amount
determined by the general assembly for:
(III) With regard only to expenditures from the public utilities
commission fixed utility fund created in subsection (1)(b) of this section, the
administrative expenses, not to exceed five hundred thousand dollars annually,
incurred by the Colorado electric transmission authority in carrying out its
duties under article 42 of this title 40. The Colorado electric transmission
authority shall remit to the PUBLIC UTILITIES COMMISSION fixed utility fund any
amounts it receives in excess of its actual administrative expenses plus a fifteen
FIFTY percent reserve margin.".
Page 18, after line 24 insert:
"SECTION 15. Appropriation. (1) For the 2023-24 state fiscal year,
$191,790 is appropriated to the department of natural resources for use by the
oil and gas conservation commission. This appropriation is from the oil and gas
conservation and environmental response fund created in section 34-60-122
(5)(a), C.R.S. To implement this act, the commission may use this appropriation
as follows:
(a) $151,142 for program costs, which amount is based on an
assumption that the commission will require an additional 1.6 FTE;
(b) $19,500 for the underground injection program; and
(c) $21,148 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $288,016 is appropriated to the
department of public health and environment for use by the air pollution control
division. This appropriation is from the general fund. To implement this act, the
division may use this appropriation as follows:
(a) $135,054 for personal services related to stationary sources, which
amount is based on an assumption that the subdivision will require an additional
1.4 FTE;
(b) $15,500 for operating expenses related to stationary sources; and
(c) $137,462 for the purchase of legal services.
(3) For the 2023-24 state fiscal year, $99,769 is appropriated to the
department of revenue. This appropriation is from the general fund. To
implement this act, the division may use this appropriation as follows:
(a) $44,327 for use by taxation services for personal services, which
amount is based on an assumption that the division will require an additional
0.7 FTE;
(b) $15,007 for use by taxation services for operating expenses; and
(c) $40,435 for use by administration for tax administration IT system
(GenTax) support.
(4) For the 2023-24 state fiscal year, $158,610 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the departments of natural resources and public health and environment
under subsections (1)(c) and (2)(c) of this section and is based on an assumption
that the department of law will require an additional 0.8 FTE. To implement
this act, the department of law may use this appropriation to provide legal
services for the departments of natural resources and public health and
environment.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "COLORADO." and substitute "COLORADO, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Appro-
priations
Senate Journal, April 13
SB23-016 by Senator(s) Hansen; also Representative(s) McCormick and Sirota--Concerning measures
to promote reductions in greenhouse gas emissions in Colorado.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, January 26, page(s) 102-103 and placed in members' bill files.)
Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, February 22, page(s) 272-273 and placed in members' bill
files.)
Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, April 6, page(s) 700-701 and placed in members' bill files.)
Amendment No. 4(L.019), by Senator Hansen.
Amend printed bill, page 13, after line 23 insert:
"SECTION 9. In Colorado Revised Statutes, 40-1-102, amend (1.3);
and add (1.4), (8.2), and (8.3) as follows:
40-1-102. Definitions. As used in articles 1 to 7 of this title 40, unless
the context otherwise requires:
(1.3) "Charge" includes any consideration, however denominated, paid
or provided by a retail cooperative electric association to a wholesale electric
cooperative in connection with an agreement by which the retail cooperative
electric association terminates a wholesale electric service contract with the
wholesale electric cooperative "CERTIFICATE OF COMPLETION" MEANS AN
ATTESTATION THAT AN INTERCONNECTION CUSTOMER SUBMITS TO A PUBLIC
UTILITY TO CONFIRM THAT A RETAIL DISTRIBUTED GENERATION RESOURCE HAS
BEEN PROPERLY INSPECTED OR OTHERWISE CERTIFIED TO MEET THE SAFE
OPERATION REQUIREMENTS OF A LOCAL GOVERNMENT'S BUILDING CODE
ENFORCEMENT AUTHORITY.
(1.4) "CHARGE" INCLUDES ANY CONSIDERATION, HOWEVER
DENOMINATED, PAID OR PROVIDED BY A RETAIL COOPERATIVE ELECTRIC
ASSOCIATION TO A WHOLESALE ELECTRIC COOPERATIVE IN CONNECTION WITH
AN AGREEMENT BY WHICH THE RETAIL COOPERATIVE ELECTRIC ASSOCIATION
TERMINATES A WHOLESALE ELECTRIC SERVICE CONTRACT WITH THE WHOLESALE
ELECTRIC COOPERATIVE.
(8.2) "INTERCONNECTION AGREEMENT" MEANS AN AGREEMENT
BETWEEN A PUBLIC UTILITY AND AN INTERCONNECTION CUSTOMER TO
INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE TO THE UTILITY
SYSTEM.
(8.3) (a) "INTERCONNECTION CUSTOMER" MEANS AN ENTITY THAT
PROPOSES TO INTERCONNECT A RETAIL DISTRIBUTED GENERATION RESOURCE ON
THE DISTRIBUTION SYSTEM OF A PUBLIC UTILITY.
(b) "INTERCONNECTION CUSTOMER" INCLUDES AN AFFILIATE OR A
SUBSIDIARY OF A PUBLIC UTILITY THAT PROPOSES TO INTERCONNECT A RETAIL
DISTRIBUTED GENERATION RESOURCE TO THE PUBLIC UTILITY'S SYSTEM.".
Renumber succeeding sections accordingly.
Page 16, after line 7 insert:
"SECTION 11. In Colorado Revised Statutes, amend 40-2-135 as
follows:
40-2-135. Retail distributed generation - customers' rights - rules.
(1) A retail electric utility customer is entitled to generate, consume, store, and
export electricity produced from eligible energy resources to the electric grid
through the use of customer-sited retail distributed generation, as defined in
section 40-2-124 (1)(a)(VIII), subject to reliability standards, interconnection
rules, and procedures, as determined by the commission.
(2) (a) A RETAIL ELECTRIC UTILITY VIOLATES THIS SECTION IF THE
UTILITY FAILS TO PROVIDE REASONABLE, GOOD FAITH, AND TIMELY SERVICE TO
AN INTERCONNECTION CUSTOMER AND SUCH VIOLATION MAY RESULT IN
COMMISSION ACTION, INCLUDING THE ASSESSMENT OF MONETARY FINES
AGAINST THE RETAIL ELECTRIC UTILITY. IF A RETAIL ELECTRIC UTILITY FAILS TO
PROVIDE TIMELY SERVICE AND ADHERE TO TIMELINES THAT THE COMMISSION
ESTABLISHES AS PART OF THE COMMISSION'S INTERCONNECTION RULES, THE
RETAIL ELECTRIC UTILITY MAY BE SUBJECT TO PENALTIES OF UP TO TWO
THOUSAND DOLLARS PER DAY FOR EACH DAY THAT THE VIOLATION OCCURRED.
(b) THE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
PENALTY AMOUNT SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION BASED ON
THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF
LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE
DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS PAID BY ALL URBAN
CONSUMERS, OR ITS SUCCESSOR INDEX.
(c) (I) FOR A RETAIL DISTRIBUTED GENERATION RESOURCE THAT IS
TWENTY-FIVE KILOWATTS OR LESS, A PUBLIC UTILITY SHALL PROVIDE AN
INTERCONNECTION CUSTOMER AN EXECUTED INTERCONNECTION AGREEMENT
NO MORE THAN THIRTY BUSINESS DAYS AFTER RECEIVING PAYMENT OF AN
INTERCONNECTION FEE FROM THE INTERCONNECTION CUSTOMER.
(II) FOLLOWING THE CONSTRUCTION OF A RETAIL DISTRIBUTED
GENERATION RESOURCE, A PUBLIC UTILITY MUST PROVIDE INTERCONNECTION
OF THE CUSTOMER'S RETAIL DISTRIBUTED GENERATION RESOURCE NO MORE
THAN THIRTY BUSINESS DAYS AFTER THE INTERCONNECTION CUSTOMER
SUBMITS TO THE PUBLIC UTILITY A CERTIFICATE OF COMPLETION.
(III) IF THE SUM OF A PUBLIC UTILITY'S COMPLIANCE WITH THESE TIMES
SET FORTH IN THIS SUBSECTION (2)(c) EXCEEDS SIXTY DAYS, THE PUBLIC
UTILITY MAY BE SUBJECT TO PENALTIES CONSISTENT WITH THIS SUBSECTION (2).
(d) A PUBLIC UTILITY IS NOT SUBJECT TO PENALTIES UNDER THIS
SUBSECTION (2) IF THE PUBLIC UTILITY CAN DEMONSTRATE THAT:
(I) THE INTERCONNECTION CUSTOMER FAILED TO TIMELY REMEDY ANY
MATERIAL DEFECTS IN THE COMPLETION OF THE INTERCONNECTION CUSTOMER'S
APPLICATION FOR INTERCONNECTION AND THE PUBLIC UTILITY IDENTIFIED THE
DEFECTS DURING ITS REVIEW OF THE APPLICATION;
(II) THE RETAIL DISTRIBUTED GENERATION RESOURCE CANNOT BE
SAFELY INTERCONNECTED TO THE PUBLIC UTILITY'S SYSTEM IN A MANNER
CONSISTENT WITH THE COMMISSION'S INTERCONNECTION RULES; OR
(III) OTHER EXTENUATING CIRCUMSTANCES CAUSED A DELAY IN
INTERCONNECTION.
(3) (a) AN INTERCONNECTION CUSTOMER MAY FILE A COMPLAINT WITH
THE COMMISSION IN ACCORDANCE WITH SECTION 40-6-108 ALLEGING THAT A
PUBLIC UTILITY HAS VIOLATED SUBSECTION (2) OF THIS SECTION.
(b) IN CONSIDERING A COMPLAINT FILED PURSUANT TO THIS SUBSECTION
(3), THE COMMISSION MAY ORDER THE PUBLIC UTILITY TO REFUND
INTERCONNECTION STUDY FEES CHARGED TO THE INTERCONNECTION
CUSTOMER. IF A PUBLIC UTILITY IS ORDERED TO REFUND SUCH
INTERCONNECTION STUDY FEES, SUCH REFUND IS NOT AN EXPENSE THAT THE
PUBLIC UTILITY MAY RECOVER FROM ITS RATEPAYERS.
(4) THE COMMISSION SHALL ONLY ASSESS THE PENALTIES SET FORTH IN
SUBSECTION (2)(a) OF THIS SECTION AGAINST A PUBLIC UTILITY IF:
(a) AN INTERCONNECTION CUSTOMER OR COMMISSION STAFF HAS FILED,
AND THE COMMISSION HAS ADJUDICATED, A COMPLAINT PURSUANT TO SECTION
40-6-108; AND
(b) THE PUBLIC UTILITY HAS A TARIFF ON FILE WITH THE COMMISSION
THAT PROVIDES INCENTIVES AND PENALTIES TO PROVIDE INTERCONNECTION
SERVICE AND THE PUBLIC UTILITY HAS EXCEEDED THE TIMELINES ESTABLISHED
IN THE TARIFF FILING.
(5) IN JURISDICTIONS THAT ALLOW INTERCONNECTION WITHOUT A
PUBLIC UTILITY PRESENT, AN INTERCONNECTION CUSTOMER MAY INSTALL ALL
NECESSARY METERING EQUIPMENT AND ENERGIZE THE SYSTEM FOLLOWING
INSTALLATION IF:
(a) THE INTERCONNECTION CUSTOMER HAS AN INTERCONNECTION
AGREEMENT WITH A PUBLIC UTILITY AND A CERTIFICATE OF COMPLETION FROM
A LOCAL GOVERNMENT'S BUILDING CODE ENFORCEMENT AUTHORITY; AND
(b) THE INSTALLATION AND ENERGIZING WORK IS OVERSEEN BY A
LICENSED MASTER ELECTRICIAN.
(6) A PUBLIC UTILITY MAY RECOVER ITS PRUDENTLY INCURRED COSTS
TO FACILITATE A TIMELY INTERCONNECTION, WHICH COSTS MAY INCLUDE THE
COST OF EQUIPMENT THAT THE PUBLIC UTILITY PROCURES FOR FUTURE
UPGRADES NEEDED TO INTERCONNECT RETAIL DISTRIBUTED GENERATION
RESOURCES. A PUBLIC UTILITY MAY RECOVER THE COSTS OF ANY SUCH
EQUIPMENT INVENTORY AS CAPITAL WORK IN PROGRESS IF THE INVENTORY IS
PROJECTED TO BE USED WITHIN FIVE YEARS OF ITS PROCUREMENT AND WITH A
RETURN AT THE MOST RECENTLY AUTHORIZED WEIGHTED AVERAGE COST OF
CAPITAL.
SECTION 12. In Colorado Revised Statutes, 40-7-105, amend (1); and
add (1.5) and (4) as follows:
40-7-105. Violations - penalty - separate offenses - rules. (1) Any
public utility which THAT violates or fails to comply with any provision of the
state constitution or of articles 1 to 7 of this title TITLE 40 or which THAT fails,
omits, or neglects to obey, observe, or comply with any order, decision, decree,
rule, direction, demand, or requirement of the commission or any part or
provision thereof, except an order for the payment of money, in a case in which
a penalty has not been provided for such THE public utility, is subject to a
penalty of not more than two TWENTY thousand dollars for each PER offense
FOR EACH DAY THAT THE OFFENSE CONTINUES.
(1.5) (a) ANY PROPOSED PENALTY IS SUBJECT TO A FINDING BY THE
COMMISSION OF CUSTOMER HARM THAT IS COMMENSURATE WITH THE AMOUNT
OF THE PENALTY LEVIED. IN DETERMINING THE AMOUNT OF A PENALTY OR
WHETHER ANY PENALTY IS LEVIED, THE COMMISSION SHALL ALSO CONSIDER
FACTORS INCLUDING:
(I) THE SIZE OF THE UTILITY;
(II) FACTORS INFLUENCING THE VIOLATION;
(III) THE UTILITY'S PREVIOUS HISTORY OF ANY SIMILAR VIOLATIONS;
(IV) REMEDIAL MEASURES; AND
(V) ANY OTHER FACTORS THAT MAY MITIGATE ANY HARM TO
CUSTOMERS.
(b) THE COMMISSION SHALL ADOPT RULES TO ANNUALLY ADJUST THE
MAXIMUM PER-DAY PENALTY AMOUNT SET FORTH IN SUBSECTION (1) OF THIS
SECTION BASED ON THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES
DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
INDEX FOR THE DENVER-AURORA-LAKEWOOD AREA FOR ALL ITEMS PAID BY ALL
URBAN CONSUMERS, OR ITS SUCCESSOR INDEX.
(4) ANY PENALTY THAT THE COMMISSION ASSESSES AGAINST A UTILITY
UNDER THIS SECTION IS NOT RECOVERABLE AS AN EXPENSE PAYABLE BY THE
UTILITY'S RATEPAYERS.".
Renumber succeeding sections accordingly.
Amendment No. 5(L.025), by Senator Hansen.
Amend printed bill, page 7, line 8, strike "EIGHTY" and substitute
"SEVENTY-FIVE".
Amendment No. 6(L.026), by Senator Hansen.
Amend printed bill, page 10, line 21, after "legislative declaration -", insert
"tax preference performance statement -".
Page 12, strike lines 3 through 6 and substitute:
"(c) "RETAILER" HAS THE MEANING SET FORTH IN SECTION 39-26-102
(8).
(d) "RETAIL SALE" HAS THE MEANING SET FORTH IN SECTION 39-26-102
(9).".
Page 12, line 8, strike "TAXPAYER" and substitute "RETAILER QUALIFIED
PURSUANT TO SUBSECTION (3)(d)(III) OF THIS SECTION".
Page 12, strike lines 24 through 27.
Page 13, strike lines 1 through 7 and substitute:
"(d) (I) THE QUALIFIED RETAILER SHALL ELECTRONICALLY SUBMIT A
REPORT TO THE DEPARTMENT OF REVENUE, ON A QUARTERLY BASIS AND IN THE
FORM AND MANNER REQUIRED BY THE DEPARTMENT, THAT DETAILS THE
NUMBER OF PIECES OF NEW, ELECTRIC-POWERED LAWN EQUIPMENT SOLD BY THE
QUALIFIED RETAILER IN THE REPORTING PERIOD FOR WHICH THE QUALIFIED
RETAILER PROVIDED A DISCOUNT AS DESCRIBED IN SUBSECTION (3)(b) OF THIS
SECTION. THE DEPARTMENT MAY REQUIRE THE QUALIFIED RETAILER TO
INCLUDE ADDITIONAL INFORMATION IN THE REPORT.
(II) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY 1,
2025, THE QUALIFIED RETAILER MAY ELECT ADVANCE PAYMENTS OF THE CREDIT
ALLOWED PURSUANT TO THIS SECTION AS SPECIFIED IN SECTION 39-22-629.
(III) BEFORE SELLING A PIECE OF NEW, ELECTRIC-POWERED LAWN
EQUIPMENT FOR WHICH A RETAILER INTENDS TO CLAIM A CREDIT PURSUANT TO
THIS SECTION, THE RETAILER SHALL REGISTER AS A QUALIFIED RETAILER BY
FILING WITH THE DEPARTMENT OF REVENUE A REGISTRATION STATEMENT IN THE
FORM AND MANNER THAT THE DEPARTMENT PRESCRIBES.
(4) IF A CREDIT AUTHORIZED BY THIS SECTION EXCEEDS THE INCOME
TAX DUE ON THE INCOME OF THE QUALIFIED RETAILER FOR THE TAXABLE YEAR,
THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE REFUNDED
TO THE QUALIFIED RETAILER.".
Page 13, line 16, strike "TAXPAYERS" and substitute "A QUALIFIED RETAILER".
Page 13, after line 23 insert:
"SECTION 9. In Colorado Revised Statutes, 39-22-629, amend as
added by House Bill 23-1272 (1)(a) as follows:
39-22-629. Advance payments of income tax credits - definitions -
repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Applicable credit" means the credits allowed in sections
39-22-516.7, 39-22-516.8, 39-22-549, and 39-22-553.".
Renumber succeeding sections accordingly.
Page 18, line 25, strike "This" and substitute "(1) Except as provided in
subsection (2) of this section, this".
Page 19, after line 6 insert:
"(2) Section 39-22-549 (3)(d)(II), Colorado Revised Statutes, as enacted
in section 8 of this act, and section 9 of this act take effect only if House Bill
23-1272 becomes law, in which case section 39-22-549 (3)(d)(II), Colorado
Revised Statutes, as enacted in section 8 of this act, and section 9 of this act
take effect on the effective date of this act or House Bill 23-1272, whichever is
later.".
Strike "TAXPAYER" and substitute "QUALIFIED RETAILER" on: Page 12, lines 12,
15, and 21.
Amendment No. 7(L.027), by Senator Hansen.
Amend the Finance Committee Report, dated February 21, 2023, page 2, strike
lines 24 through 29 and substitute "project and to calculate the project baseline.
A RECOVERED METHANE PROTOCOL THAT THE AIR QUALITY CONTROL
COMMISSION ADOPTS FOR BIOMETHANE FROM MANURE MANAGEMENT SYSTEMS
MUST ALLOW FOR THE USE OF MANURE FROM BEEF CATTLE OPERATIONS. THE
AIR QUALITY CONTROL COMMISSION MAY ALSO ADOPT A RECOVERED METHANE
PROTOCOL THAT IS SPECIFIC TO MANURE MANAGEMENT FROM BEEF CATTLE
OPERATIONS. A recovered methane protocol".
Amendment No. 8(L.028), by Senator Hansen.
Amend printed bill, page 6, line 8, strike "WASTEWATER TO GENERATE
ELECTRICITY," and substitute "WASTEWATER,".
Page 6, line 9, strike "PURPOSE." and substitute "PURPOSE THAT REDUCES
GREENHOUSE GAS EMISSIONS FROM THE COMBUSTION OF GAS IN CUSTOMER END
USES.".
Page 6, line 20, strike "WASTEWATER TO GENERATE ELECTRICITY," and
substitute "WASTEWATER,".
Page 6, line 21, strike "PURPOSE." and substitute "PURPOSE THAT REDUCES
GREENHOUSE GAS EMISSIONS FROM THE COMBUSTION OF GAS IN CUSTOMER END
USES.".
Amendment No. 9(L.029), by Senator Hansen.
Amend printed bill, page 4, after line 3 insert:
"SECTION 2. In Colorado Revised Statutes, 24-38.5-102 amend (1)
as follows:
24-38.5-102. Colorado energy office - duties and powers. (1) The
Colorado energy office shall:
(a) Work with communities, utilities, AND private and public
organizations and individuals to promote TO:
(I) SUPPORT ACHIEVING LEGISLATIVE GOALS TO REDUCE STATEWIDE
GREENHOUSE GAS POLLUTION, AS DEFINED IN SECTION 25-7-103 (22.5);
(II) MAKE PROGRESS TOWARD ELIMINATING GREENHOUSE GAS
POLLUTION FROM ELECTRICITY GENERATION, GAS UTILITIES, AND
TRANSPORTATION;
(I) (III) IMPLEMENT the renewable energy standard established in
section 40-2-124;
(II) Clean and (IV) SUPPORT THE DEPLOYMENT OF renewable energy,
such as wind, hydroelectricity, solar, CLEAN HYDROGEN, and geothermal;
(III) (V) EVALUATE, AND WHEN APPROPRIATE, SUPPORT THE
DEPLOYMENT OF cleaner energy sources such as biogas, biomass, and CLEAN
HYDROGEN, GEOTHERMAL, RECOVERED METHANE, RECOVERED HEAT, AND
ADVANCED nuclear;
(IV) Traditional energy sources such as oil and other petroleum
products, coal, propane, and natural gas;
(V) (VI) SUPPORT THE DEPLOYMENT OF energy efficiency AND ENERGY
LOAD MANAGEMENT technologies and practices;
(VI) Cleaner technologies by utilizing traditional, Colorado-sourced
energy;
(VII) New EVALUATE, AND WHERE APPROPRIATE, SUPPORT THE
DEPLOYMENT OF INNOVATIVE energy technologies as described in section
40-2-123; and
(VIII) SUPPORT THE DEPLOYMENT OF energy storage systems,
INCLUDING BOTH LONG-DURATION AND SHORT-DURATION ENERGY STORAGE;
(IX) SUPPORT THE IMPLEMENTATION OF CLEAN HEAT PLANS PURSUANT
TO SECTION 40-3.2-108;
(X) SUPPORT WIDESPREAD TRANSPORTATION ELECTRIFICATION;
(XI) SUPPORT BENEFICIAL ELECTRIFICATION, AS DEFINED IN SECTION
40-1-102 (1.2) IN THE BUILDING, INDUSTRIAL, AND OIL AND GAS SECTORS;
(XII) SUPPORT INDUSTRIAL EMISSIONS REDUCTIONS;
(XIII) SUPPORT POLLUTION REDUCTION THROUGH CARBON CAPTURE
AND SEQUESTRATION AND OTHER FORMS OF CARBON MANAGEMENT; AND
(XIV) SUPPORT SUSTAINABLE LAND-USE PATTERNS THAT REDUCE
ENERGY CONSUMPTION AND GREENHOUSE GAS POLLUTION.
(b) Develop programs to promote high performance REDUCE ENERGY
USE AND GREENHOUSE GAS POLLUTION FROM buildings for IN commercial and
residential markets;
(c) Make SUPPORT EFFORTS TO REDUCE GREENHOUSE GAS POLLUTION
BY state government more THROUGH energy efficient EFFICIENCY, LOAD
MANAGEMENT, RENEWABLE ENERGY, TRANSPORTATION ELECTRIFICATION, AND
CLEANER PROCUREMENT;
(d) Promote technology transfer and economic development;
(e) Advance innovative energy efficiency, renewable energy, and
efficiency throughout the state as specified in sections 24-38.5-102.4 and
24-38.5-102.5;
(f) to (i) Repealed.
(j) (e) Ensure that information explaining the requirements of SUPPORT
THE ADOPTION AND IMPLEMENTATION OF ADVANCED energy codes is available
THAT REDUCE ENERGY USE AND GREENHOUSE GAS EMISSIONS and provide
INFORMATION AND technical assistance concerning the implementation and
enforcement of energy codes to both counties and municipalities, INCLUDING
as specified in sections 30-28-211 (7) 24-38.5-103, 24-38.5-401, 24-38.5-402,
and 31-15-602 (7); C.R.S.;
(k) (f) Collaborate with the state board of land commissioners regarding
renewable energy resource development as specified in section 36-1-147.5 (4);
C.R.S.;
(l) (g) Provide home energy efficiency improvements for low-income
households, INCLUDING THROUGH THE WEATHERIZATION ASSISTANCE
PROGRAM, as specified in section 40-8.7-112 (3)(b); C.R.S., and prepare and
submit to the general assembly an annual report as specified in section
40-8.7-112 (3)(f), C.R.S.;
(m) Establish and manage a program to improve energy efficiency in
public schools as provided in section 39-29-109.5, C.R.S.;
(n) (I) Provide public utilities with reasonable assistance, if requested,
in seeking and obtaining support and sponsorship for an IGCC project and
manage and distribute to the utility some or all of any funds provided by the
state or by the United States government to the state for purposes of study or
development of an IGCC project.
(II) As used in this subsection (1)(n), "IGCC project" means an IGCC
facility that:
(A) Demonstrates the use of IGCC technology to generate electricity
using Colorado or other western coal;
(B) Does not exceed three hundred fifty megawatts nameplate capacity;
except that it may exceed this capacity if the Colorado energy office determines
that a larger size is necessary to obtain the benefits of federal cost sharing,
financial grants or tax benefits, or other financial opportunities or arrangements
benefitting the project, including opportunities to jointly develop the project
with other electric utilities;
(C) Demonstrates the capture and sequestration of a portion of the
project's carbon dioxide emissions;
(D) Includes methods and procedures to monitor the fate of the carbon
dioxide captured and sequestered from the facility; and
(E) Is located in Colorado.
(III) As used in this subsection (1)(n), "IGCC facility" means an
integrated gasification combined cycle generation facility that converts coal to
a gaseous fuel from which impurities are removed prior to combustion, uses the
gaseous fuel in a combustion turbine to produce electricity, and captures the
waste heat from the combustion turbine to drive a steam turbine to produce
more electricity. An IGCC facility may also use natural gas, in addition to
gasified coal, as a fuel in the combustion turbine.
(o) (h) Collaborate with stakeholders to develop and encourage
increased utilization of energy curricula, including science, technology,
engineering, and math curricula, that will serve the work force WORKFORCE
needs of all CLEAN energy industries. Such collaboration may include executive
departments, research institutions, state colleges, community colleges, industry,
and trade organizations in an effort to develop a means by which the state may
address all facets of work force WORKFORCE demands in developing a balanced
energy portfolio SUPPORTING A CLEAN ENERGY FUTURE. Institutions may also
partner in the development of curricula with organizations that have existing
energy curricula and training programs.
(p) (i) Annually report to the senate agriculture, natural resources,
TRANSPORTATION and energy committee and the house agriculture, livestock,
and natural resources ENERGY AND ENVIRONMENT committee, or their successor
committees;
(q) (j) Administer the electric vehicle grant fund CREATED IN SECTION
24-38.5-103 (1)(a) AND THE COMMUNITY ACCESS ENTERPRISE CREATED IN
SECTION 24-38.5-303 (1);
(r) and (s) Repealed.
(t) (k) Assist the executive director of the department of local affairs in
allocating revenues from the geothermal resource leasing fund to eligible
entities pursuant to section 34-63-105; C.R.S.;
(u) (l) Develop basic consumer education or guidance about leased
solar installation and purchased solar installation in consultation with industries
that offer these options to consumers; and
(v) (m) In consultation with the appropriate industries, develop basic
consumer education or guidance about purchased or, if available, leased
installation of a system that uses geothermal energy for water heating or space
heating or cooling in a single building or for space heating for more than one
building through a pipeline network.".
Renumber succeeding sections accordingly.
Amendment No. 10(L.032), by Senator Hansen.
Amend printed bill, page 6, after line 9 insert:
"SECTION 5. In Colorado Revised Statutes, 25-7-114.7, amend
(2)(a)(VII) as follows:
25-7-114.7. Emission fees - fund - rules - definition - repeal.
(2) (a) (VII) The commission shall establish, by rule, a fee per ton of
greenhouse gas, in the form of carbon dioxide equivalent, that was reported in
the most recent air pollutant emission notice on file with the division, OR THAT
WAS REPORTED TO THE DIVISION PURSUANT TO SECTION 25-7-140 (2)(a)(I), in
an amount that is sufficient to cover the indirect and direct costs required to
develop and administer the programs established pursuant to this article 7 that
pertain to emissions of greenhouse gas. The commission may set thresholds of
reported greenhouse gas below which no such fee shall be assessed. No more
frequently than annually, the commission may adjust the fee for greenhouse gas
by rule to cover the indirect and direct costs required to develop and administer
the programs established pursuant to this article 7 that pertain to emissions of
greenhouse gas.".
Renumber succeeding sections accordingly.
Amendment No. 11(L.039), by Senator Hansen.
Amend printed bill, page 13, after line 23 insert:
"SECTION 9. In Colorado Revised Statutes, 39-29-110, amend (9)(b)
as follows:
39-29-110. Local government severance tax fund - creation -
administration - definitions - repeal.
(9) (b) This subsection (9) is repealed, effective July 1, 2023 JULY 1,
2025.
SECTION 10. In Session Laws of Colorado 2021, amend section 3 of
chapter 225, (HB 21-1253), as follows:
Section 3. Appropriation. For the 2020-21 state fiscal year, $5,000,000
is appropriated to the department of local affairs for use by the division of local
government. This appropriation is from the local government severance tax
fund created in section 39-29-110 (1)(a)(I), C.R.S. To implement this act, the
division of local government may use this appropriation for grants for
renewable and clean energy implementation projects that meet the division's
eligibility criteria for funding under the department's renewable and clean
energy initiative program. Any money appropriated in this section not expended
prior to July 1, 2021 JULY 1, 2025, is further appropriated to the division of
local government for the 2021-22 and 2022-23 state fiscal years for the same
purpose UNTIL THE MONEY IS FULLY EXPENDED.".
Renumber succeeding sections accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 21
20 SB23-016 be amended as follows, and as so amended, be referred to
21 the Committee on Finance with favorable
22 recommendation:
23
24 Amend reengrossed bill, page 11, after line 18 insert:
25
26 "SECTION 6. In Colorado Revised Statutes, 25-7-142, amend
27 (8)(c)(I) introductory portion and (8)(c)(II) introductory portion as
28 follows:
29 25-7-142. Energy benchmarking - data collection and access
30 - utility requirements - task force - rules - reports - definitions -
31 legislative declaration - repeal. (8) (c) (I) If at least two-thirds of the
32 members appointed to the task force agree on recommendations pursuant
33 to subsection (8)(a)(I) of this section, and the director of the office in
34 consultation with the division determines that the recommendations meet
35 the greenhouse gas emission reduction requirements set forth in
36 subsection (8)(a)(II) of this section, the division shall, on or before
37 January 31, 2023, request that the commission publish a notice of
38 proposed rule-making to adopt rules to implement performance standards.
39 On or before June 1, 2023 SEPTEMBER 1, 2023, the commission, upon
40 careful consideration of the recommendations of the task force as
41 presented by the division, shall promulgate rules to establish performance
42 standards. The commission shall also adopt rules regarding waivers and
43 extensions of time regarding the performance standard requirements. The
44 commission's rules must include a provision that an owner of a public
45 building need only comply with performance standards with regard to
46 work on a construction or renovation project that:
47 (II) If two-thirds of the members of the task force cannot agree on
48 recommendations or if the director of the office in consultation with the
49 commission determines that the task force's recommendations do not meet
50 the greenhouse gas emission reduction requirements set forth in
51 subsection (8)(a)(II) of this section, the commission, on or before June 1,
52 2023 SEPTEMBER 1, 2023, shall, by rule, adopt performance standards that
53 meet the greenhouse gas emission reduction requirements set forth in
54 subsection (8)(a)(II) of this section. The commission shall also adopt
55 rules regarding waivers and extensions of time regarding the performance
1 standard requirements. The commission's rules must include a provision
2 that an owner of a public building need only comply with performance
3 standards with regard to work on a construction or renovation project
4 that:".
5
6 Renumber succeeding sections accordingly.
7
8 Page 12, line 27, strike "(9)(c) and (9)(d)" and substitute "(9)(c), (9)(d),
9 (9)(e), (9.3), and (9.5)".
10
11 Page 14, strike lines 15 through 21 and substitute "SUBSECTION (9)(a) OF
12 THIS SECTION.
13 (III) (A) IF THE CLASS VI INJECTION WELL IS PROPOSED TO BE
14 SITED IN AN AREA THAT WOULD AFFECT A DISPROPORTIONATELY
15 IMPACTED COMMUNITY, THE COMMISSION SHALL WEIGH THE GEOLOGIC
16 STORAGE OPERATOR'S SUBMITTED CUMULATIVE IMPACTS ANALYSIS AND
17 DETERMINE WHETHER, ON BALANCE, THE CUMULATIVE IMPACTS OF THE
18 CLASS VI INJECTION WELL, INCLUDING THE ECONOMIC IMPACTS AND ANY
19 REQUIRED MITIGATION MEASURES, WILL HAVE A POSITIVE EFFECT ON THE
20 DISPROPORTIONATELY IMPACTED COMMUNITY. A PROPOSAL THAT WILL
21 HAVE NEGATIVE NET CUMULATIVE IMPACTS ON ANY DISPROPORTIONATELY
22 IMPACTED COMMUNITY MUST BE DENIED. THE COMMISSION SHALL ADOPT
23 RULES TO GUIDE EACH COMMISSIONER'S EVALUATION OF CUMULATIVE
24 IMPACTS.
25 (B) THE COMMISSION MAY AMEND BY RULE THE CUMULATIVE
26 EFFECTS ANALYSIS AND REQUIREMENTS SET FORTH IN THIS SUBSECTION
27 (9)(c)(III) IF THE ANALYSIS AND REQUIREMENTS ARE FOUND TO BE
28 INCONSISTENT WITH OR INCOMPLETE WITH RESPECT TO THE COMMISSION'S
29 APPLICATION TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR
30 CLASS VI PRIMACY.".
31
32 Renumber succeeding subparagraph accordingly.
33
34 Page 15, line 7, strike "(9)(c)(III)(B)" and substitute "(9)(c)(IV)(B)".
35
36 Page 15, after line 20 insert:
37
38 "(d) IN ISSUING AND ENFORCING PERMITS PURSUANT TO
39 SUBSECTION (9)(c) OF THIS SECTION, THE COMMISSION SHALL ENSURE,
40 AFTER A PUBLIC HEARING, THAT:
41 (I) THE PERMITTING OF A CLASS VI INJECTION WELL COMPLIES
42 WITH A LOCAL GOVERNMENT'S SITING OF THE PROPOSED CLASS VI
43 INJECTION WELL LOCATION;
44 (II) THE PROPOSED NEW OR MODIFIED CLASS VI INJECTION WELL
45 HAS RECEIVED AN APPLICABLE AIR PERMIT FROM THE DIVISION OF
46 ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND
47 ENVIRONMENT;
48 (III) THE OPERATOR OF THE CLASS VI INJECTION WELL HAS
49 RECEIVED THE CONSENT OF ANY SURFACE OWNER OR OWNERS OF THE
50 LAND WHERE THE SURFACE DISTURBANCE WILL OCCUR AND HAS PROVIDED
51 THE COMMISSION A WRITTEN CONTRACTUAL AGREEMENT THAT THE
52 SURFACE OWNER OR OWNERS HAVE EXECUTED; AND
53 (IV) THE COMMISSION HAS DELIBERATED ON THE CUMULATIVE
54 IMPACTS OF THE PROPOSED CLASS VI INJECTION WELL. THE CUMULATIVE
55 IMPACT ANALYSIS MUST INCLUDE:
56
1 (A) ANY APPLICABLE AIR QUALITY MODELING REQUIRED BY
2 SECTION 25-7-111 (2);
3 (B) AN ANALYSIS OF THE NET IMPACT OF THE WELL ON
4 GREENHOUSE GAS EMISSIONS AND COPOLLUTANTS, INCLUDING
5 CONSIDERATION OF A NO-ACTION ALTERNATIVE AND OF NET CHANGES IN
6 LIFE CYCLE EMISSIONS; AND
7 (C) AN EVALUATION OF HOW NEGATIVE IMPACTS ARE AVOIDED OR,
8 IF NOT AVOIDED, HOW NEGATIVE IMPACTS ARE MINIMIZED AND MITIGATED
9 AND WHICH, IF ANY, NEGATIVE IMPACTS COULD NOT BE MITIGATED.".
10
11 Reletter succeeding paragraph accordingly.
12
13 Page 15, after line 24 insert:
14
15 "(II) "CUMULATIVE IMPACTS" MEANS THE EFFECT OF A PROPOSED
16 NEW OR MODIFIED CLASS VI INJECTION WELL ON THE ENVIRONMENT,
17 INCLUDING THE EFFECT ON AIR QUALITY, WATER QUALITY, CLIMATE,
18 NOISE, ODOR, WILDLIFE, BIOLOGICAL RESOURCES, AND PUBLIC HEALTH,
19 THAT IS CAUSED BY THE INCREMENTAL IMPACT THAT A NEW OR MODIFIED
20 CLASS VI INJECTION WELL HAS, WHEN ADDED TO THE IMPACTS FROM
21 OTHER PAST, PRESENT, AND REASONABLY FORESEEABLE FUTURE
22 DEVELOPMENT OF ANY TYPE, ON THE RELEVANT AREA, INCLUDING AN
23 AIRSHED OR WATERSHED, OR ON A DISPROPORTIONATELY IMPACTED
24 COMMUNITY.".
25
26 Renumber succeeding subparagraphs accordingly.
27
28 Page 16, after line 5 insert:
29
30 "(9.3) (a) THE COMMISSION, IN CONSULTATION WITH THE
31 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, SHALL DEVELOP AND
32 UTILIZE REGULATIONS FOR ANALYZING THE FULL LIFE CYCLE OF EMISSIONS
33 RELATED TO THE PERMITTING OF A PROPOSED NEW OR MODIFIED CLASS VI
34 INJECTION WELL. THE COMMISSION AND THE DEPARTMENT MAY REQUEST
35 FROM AN OPERATOR, AND ARE ENTITLED TO RECEIVE, ANY RELEVANT
36 DATA REQUIRED TO COMPLETE SUCH ANALYSIS.
37 (b) A LIFE CYCLE EMISSIONS ANALYSIS MUST INCLUDE
38 CONSIDERATION OF:
39 (I) THE DIRECT EMISSIONS FROM THE CONSTRUCTION AND
40 OPERATIONS OF THE CLASS VI INJECTION WELL;
41 (II) POTENTIAL LEAKAGE FROM THE CLASS VI INJECTION WELL
42 OVER ITS LIFETIME, IF APPLICABLE; AND
43 (III) THE SCOPE OF THE EMISSIONS FROM ENERGY INPUTS TO
44 CONSTRUCT OR OPERATE THE CLASS VI INJECTION WELL, BASED ON THE
45 MOST CURRENT ENERGY INPUTS AND CONSIDERATION OF EMISSION
46 INTENSITY FORECASTS, IF APPLICABLE.
47 (c) THE COMMISSION MAY ADOPT RULES TO ESTABLISH A PROCESS
48 TO CERTIFY THE QUANTITY OF CARBON DIOXIDE THAT WILL BE STORED IN
49 A PROPOSED NEW OR MODIFIED CLASS VI INJECTION WELL.
50 (d) THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT
51 OF PUBLIC HEALTH AND ENVIRONMENT, SHALL EVALUATE THE RISK OF
52 CLASS VI INJECTION WELLS BY DETERMINING THE LIKELIHOOD AND
53 SEVERITY OF AN INCIDENT INVOLVING A CLASS VI INJECTION WELL, THE
54 POTENTIAL FOR EXPOSURE FROM SUCH INCIDENT, AND THE OVERALL
55 EFFECT THAT SUCH INCIDENT COULD HAVE ON THE PUBLIC HEALTH,
56 SAFETY, AND WELFARE AND ON THE ENVIRONMENT.
1 (9.5) (a) ON OR BEFORE FEBRUARY 1, 2024, THE COMMISSION, IN
2 CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
3 ENVIRONMENT, SHALL CONDUCT A STUDY TO BETTER UNDERSTAND THE
4 SAFETY OF CLASS VI INJECTION WELLS, THE POTENTIAL FOR CARBON
5 DIOXIDE RELEASES FROM THE WELLS, AND METHODS TO LIMIT THE
6 LIKELIHOOD OF A CARBON DIOXIDE RELEASE FROM A CLASS VI INJECTION
7 WELL OR CARBON DIOXIDE PIPELINE OR SEQUESTRATION FACILITY. THE
8 STUDY MUST INCLUDE:
9 (I) AN EVALUATION OF THE POTENTIAL AIR QUALITY IMPACTS OF
10 CAPTURE TECHNOLOGY AT A CARBON DIOXIDE SOURCE FACILITY;
11 (II) CARBON DIOXIDE PIPELINE SAFETY CONSIDERATIONS,
12 INCLUDING COMPUTER MODELING TO SIMULATE CARBON DIOXIDE LEAKS
13 FROM PIPELINES OF VARYING DIAMETERS AND LENGTHS;
14 (III) APPROPRIATE SAFETY PROTOCOLS IN THE OPERATION AND
15 MAINTENANCE OF A CLASS VI INJECTION WELL;
16 (IV) METHODS FOR DETERMINING THE STABILITY OF
17 UNDERGROUND CARBON DIOXIDE STORAGE AND ESTIMATES OF THE TIME
18 NEEDED FOR CARBON DIOXIDE PLUME STABILIZATION; AND
19 (V) RECOMMENDATIONS FOR SAFETY MEASURES TO PROTECT
20 COMMUNITIES FROM CARBON DIOXIDE RELEASES, SUCH AS HAZARD ZONES,
21 PUBLIC NOTIFICATION SYSTEMS, SETBACKS, ADDITIONAL MONITORING
22 REQUIREMENTS, OR OTHER MEASURES.
23 (b) ON OR BEFORE MARCH 1, 2024, THE COMMISSION SHALL
24 PRESENT ITS FINDINGS AND CONCLUSIONS FROM THE STUDY, INCLUDING
25 ANY RECOMMENDATIONS FOR LEGISLATION, TO THE HOUSE OF
26 REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE AND THE
27 SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
28 COMMITTEES. THE COMMISSION SHALL NOT PERMIT A CLASS VI INJECTION
29 WELL IN THE STATE UNTIL THE STUDY HAS BEEN COMPLETED AND
30 PRESENTED TO THE GENERAL ASSEMBLY.
31 (c) A CLASS VI INJECTION WELL SHALL NOT BE LOCATED WITHIN
32 TWO THOUSAND FEET OF A RESIDENCE, SCHOOL, OR COMMERCIAL
33 BUILDING. THE COMMISSION MAY ADJUST THE TWO-THOUSAND-FOOT
34 SETBACK BY RULE AFTER STUDYING AND EVALUATING THE SEVERITY OF
35 IMPACTS ARISING FROM FOUR OR MORE CLASS VI INJECTION WELLS THAT
36 HAVE BEEN IN PLACE IN THE STATE FOR AT LEAST FOUR YEARS.".
37
38 Strike "(9)(c)(III)" and substitute "(9)(c)(IV)" on: Page 15, lines 2, 11, 12,
39 and 18.
House Journal, April 25
5 SB23-016 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend the Energy and Environment Committee Report, dated April 20,
10 2023, page 2, strike line 11 and substitute "(9)(e), (9.3), (9.5), and
11 (9.7)".".
12
13 Page 2, strike lines 18 through 20 and substitute "DETERMINE WHETHER,
14 ON BALANCE, THE CLASS VI INJECTION WELL WILL HAVE A POSITIVE
15 EFFECT ON THE".
16
17 Page 2, strike lines 28 through 30 and substitute "(9)(c)(III) IF THE
18 COMMISSION FINDS THE ANALYSIS AND REQUIREMENTS TO BE
19 INCONSISTENT WITH, OR INCOMPLETE WITH RESPECT TO, THE FEDERAL
20 ENVIRONMENTAL PROTECTION AGENCY'S REQUIREMENTS FOR".
21
22 Page 5, line 22, strike "YEARS."." and substitute "YEARS.
23 (9.7) (a) THE COMMISSION MAY CONDUCT A STUDY TO DETERMINE
24 IF THE STATE SHOULD SEEK REGULATORY PRIMACY UNDER THE FEDERAL
25 "SAFE DRINKING WATER ACT", 42 U.S.C. SEC. 300f ET SEQ., AS
26 AMENDED, FOR ALL SUBSURFACE INJECTION CLASSES INCLUDED WITHIN
27 THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S UNDERGROUND
28 INJECTION CONTROL PROGRAM, WHICH STUDY MUST INCLUDE
29 RECOMMENDATIONS ON THE APPROPRIATE ADMINISTRATIVE STRUCTURE
30 AND IDENTIFICATION OF OTHER STATE AGENCIES THAT ARE NECESSARY TO
31 IMPLEMENT A SAFE AND EFFECTIVE PROGRAM.
32 (b) IF THE COMMISSION CONDUCTS THE STUDY PURSUANT TO
33 SUBSECTION (9.7)(a) OF THIS SECTION, THE COMMISSION SHALL, ON OR
34 BEFORE DECEMBER 1, 2024:
35 (I) COMPLETE A REPORT SUMMARIZING THE FINDINGS,
36 CONCLUSIONS, AND RECOMMENDATIONS FROM THE STUDY;
37 (II) POST A COPY OF THE COMPLETED REPORT ON THE
38 COMMISSION'S WEBSITE; AND
39 (III) SUBMIT COPIES OF THE COMPLETED REPORT TO THE HOUSE OF
40 REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE AND THE
41 SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR SUCCESSOR
42 COMMITTEES.
43 (c) THIS SUBSECTION (9.7) IS REPEALED, EFFECTIVE JULY 1,
44 2025.".".
45
46 Amend reengrossed bill, page 18, after line 13 insert:
47
48 "(c) "QUALIFIED RETAILER" MEANS A RETAILER THAT SELLS LAWN
49 EQUIPMENT AND:
50 (I) HOLDS A STATE SALES TAX LICENSE;
51 (II) HAS TIMELY FILED A MONTHLY SALES TAX RETURN SHOWING
52 A TAX LIABILITY FOR AT LEAST TWELVE MONTHS;
53 (III) HAS PAID THE TAXES DUE ON THE MONTHLY SALES TAX
54 RETURN; AND
55 (IV) HAS REGISTERED WITH THE DEPARTMENT OF REVENUE
56 PURSUANT TO SUBSECTION (3)(d)(III) OF THIS SECTION.".
1 Reletter succeeding paragraphs accordingly.
2
3 Page 27, after line 7 insert:
4
5 "SECTION 19. In Colorado Revised Statutes, 40-5-107, add (2.5)
6 as follows:
7 40-5-107. Electric vehicle programs - service connection cost
8 recovery - definitions - repeal. (2.5) AN ELECTRIC PUBLIC UTILITY MAY
9 RECOVER ITS PRUDENTLY INCURRED COSTS TO FACILITATE A TIMELY
10 ELECTRIC VEHICLE CHARGING SERVICE CONNECTION, WHICH COSTS MAY
11 INCLUDE THE COSTS OF EQUIPMENT THAT THE ELECTRIC PUBLIC UTILITY
12 PROCURES FOR FUTURE UPGRADES NEEDED TO PROVIDE SERVICE
13 CONNECTIONS FOR ELECTRIC VEHICLE CHARGING. AN ELECTRIC PUBLIC
14 UTILITY MAY RECOVER THE COSTS OF ANY SUCH EQUIPMENT INVENTORY
15 AS CAPITAL WORK IN PROGRESS IF THE INVENTORY IS PROJECTED TO BE
16 USED WITHIN THREE YEARS OF ITS PROCUREMENT AND WITH A RETURN AT
17 THE MOST RECENTLY AUTHORIZED WEIGHTED AVERAGE COST OF
18 CAPITAL.".
19
20 Renumber succeeding sections accordingly.
21
22 Page 31, after line 7 insert:
23
24 "SECTION 25. In Colorado Revised Statutes, 29-20-104, amend
25 (1)(h) introductory portion, (1)(h)(II), (2)(b), and (2)(c); and add (2)(d)
26 as follows:
27 29-20-104. Powers of local governments - definition.
28 (1) Except as expressly provided in section 29-20-104.5, the power and
29 authority granted by this section does not limit any power or authority
30 presently exercised or previously granted. Each local government within
31 its respective jurisdiction has the authority to plan for and regulate the use
32 of land by:
33 (h) Regulating the surface impacts of oil and gas operations AND
34 CLASS VI INJECTION WELLS in a reasonable manner to address matters
35 specified in this subsection (1)(h) and to protect and minimize adverse
36 impacts to public health, safety, and welfare and the environment.
37 Nothing in this subsection (1)(h) is intended to alter, expand, or diminish
38 the authority of local governments to regulate air quality under section
39 25-7-128. For purposes of this subsection (1)(h), "minimize adverse
40 impacts" means, to the extent necessary and reasonable, to protect public
41 health, safety, and welfare and the environment by avoiding adverse
42 impacts from oil and gas operations AND CLASS VI INJECTION WELLS and
43 minimizing and mitigating the extent and severity of those impacts that
44 cannot be avoided. The following matters are covered by this subsection
45 (1)(h):
46 (II) The location and siting of oil and gas facilities and oil and gas
47 locations, as those terms are defined in section 34-60-103 (6.2) and (6.4)
48 AND THE LOCATION AND SITING OF CLASS VI INJECTION WELLS;
49 (2) To implement the powers and authority granted in subsection
50 (1)(h) of this section, a local government within its respective jurisdiction
51 has the authority to:
52 (b) Impose fines for leaks, spills, and emissions; and
53 (c) Impose fees on operators or owners to cover the reasonably
54 foreseeable direct and indirect costs of permitting and regulation and the
1 costs of any monitoring and inspection program necessary to address the
2 impacts of development and to enforce local governmental requirements;
3 AND
4 (d) IMPOSE FEES TO ENHANCE EMERGENCY PREPAREDNESS AND
5 EMERGENCY RESPONSE CAPABILITIES IF A CARBON DIOXIDE RELEASE
6 OCCURS. ALLOWABLE EXPENDITURES OF THE FEES COLLECTED INCLUDE:
7 (I) PREPARING EMERGENCY RESPONSE PLANS FOR A CARBON
8 DIOXIDE RELEASE;
9 (II) PURCHASING ELECTRIC EMERGENCY RESPONSE VEHICLES;
10 (III) DEVELOPING OR MAINTAINING A TEXT MESSAGE OR OTHER
11 EMERGENCY COMMUNICATION ALERT SYSTEM;
12 (IV) PURCHASING DEVICES THAT ASSIST IN THE DETECTION OF A
13 CARBON DIOXIDE RELEASE;
14 (V) EQUIPMENT FOR FIRST RESPONDERS, LOCAL RESIDENTS, AND
15 MEDICAL FACILITIES THAT ASSIST IN THE PREPARATION FOR, DETECTION
16 OF, OR RESPONSE TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC
17 OR HAZARDOUS MATERIALS; AND
18 (VI) TRAINING AND TRAINING MATERIALS FOR FIRST RESPONDERS,
19 LOCAL RESIDENTS, BUSINESSES, AND OTHER LOCAL ENTITIES TO PREPARE
20 FOR AND RESPOND TO THE RELEASE OF CARBON DIOXIDE OR OTHER TOXIC
21 OR HAZARDOUS MATERIALS.".
22
23 Renumber succeeding sections accordingly.
24
25
House Journal, April 26
49 Amend reengrossed bill, page 12, line 18, strike "AN" and substitute "A".
50
51 Page 19, after line 7 insert:
52
53
1 "(d) THE QUALIFIED RETAILER MAY RETAIN FROM THE CREDIT
2 ALLOWED IN THIS SECTION AN ADMINISTRATIVE FEE NOT TO EXCEED THREE
3 PERCENT OF THE PURCHASE PRICE OF THE NEW, ELECTRIC-POWERED LAWN
4 EQUIPMENT SOLD.".
5
6 Reletter succeeding paragraph accordingly.
7
8 Page 19, strike lines 17 through 21 and substitute:
9
10 "(II) BEFORE SELLING A PIECE OF NEW, ELECTRIC-POWERED
11 LAWN".
12
13 Page 21, strike lines 13 through 19.
14
15 Renumber succeeding sections accordingly.
16
17 Page 29, before line 22 insert:
18
19 "SECTION 22. In Colorado Revised Statutes, 40-42-104, add
20 (4.5) as follows:
21 40-42-104. General and specific powers and duties of the
22 authority. (4.5) ON AND AFTER JULY 1, 2024, THE AUTHORITY SHALL
23 OPERATE ON A FISCAL YEAR THAT ALIGNS WITH THE STATE FISCAL YEAR.".
24
25 Renumber succeeding sections accordingly.
26
27 Page 32, strike lines 11 through 27 and substitute:
28
29 "SECTION 26. Appropriation. (1) For the 2023-24 state fiscal
30 year, $338,270 is appropriated to the department of natural resources for
31 use by the oil and gas conservation commission. This appropriation is
32 from the oil and gas conservation and environmental response fund
33 created in section 34-60-122 (5)(a), C.R.S. To implement this act, the
34 commission may use this appropriation as follows:
35 (a) $317,122 for program costs, which amount is based on an
36 assumption that the commission will require an additional 3.2 FTE; and
37 (b) $21,148 for legal services.
38 (2) For the 2023-24 state fiscal year, $14,706 is appropriated to
39 the department of public health and environment for use by the air
40 pollution control division. This appropriation is from the general fund,
41 and is based on an assumption that the division will require an additional
42 0.2 FTE. To implement this act, the division may use this appropriation
43 for personal services related to stationary sources.
44 (3) For the 2023-24 state fiscal year, $34,052 is appropriated to
45 the department of revenue. This appropriation is from the general fund.
46 To implement this act, the department may use this appropriation as
47 follows:
48 (a) $7,392 for use by taxation services for operating expenses; and
49 (b) $26,660 for tax administration IT system (GenTax) support.
50 (4) For the 2023-24 state fiscal year, $21,148 is appropriated to
51 the department of law. This appropriation is from reappropriated funds
52 received from the department of natural resources under subsection (1)(b)
53 of this section and is based on an assumption that the department of law
1 will require an additional 0.1 FTE. To implement this act, the department
2 of law may use this appropriation to provide legal services for the
3 department of natural resources.".
4
5 Page 33, strike lines 1 through 21.
6
7 Page 33, strike line 23 and substitute "This act takes".
8
9 Page 34, strike lines 5 through 10.
10
11
House Journal, April 26
52 Amendment No. 2, Finance Report, dated April 24, 2023, and placed in
53 member's bill file; Report also printed in House Journal, April 25, 2023.
54
55
1 Amendment No. 3, Energy & Environment Report, dated April 20, 2023,
2 and placed in member's bill file; Report also printed in House Journal,
3 April 21, 2023.
4
5 Amendment No. 4, by Representative McCormick:
6
7 Amend the Appropriations Committee Report, dated April 26, 2023, page
8 2, strike lines 18 through 23.
9
10 Renumber succeeding subsection accordingly.
11
12 Amendment No. 5, by Representative McCormick:
13
14 Amend the Energy and Environment Committee Report, dated April 20,
15 2023, page 2, strike lines 23 through 25 and substitute "IMPACTED
16 COMMUNITY MUST BE DENIED. THE COMMISSION'S DECISION MUST
17 INCLUDE A PLAIN LANGUAGE SUMMARY OF ITS DETERMINATION.".
18
19 Page 3, strike lines 14 through 25 and substitute:
20
21 "(IV) THE COMMISSION HAS EVALUATED AND ADDRESSED ANY
22 CLASS VI INJECTION WELL IMPACTS FROM THE PROPOSED CLASS VI
23 INJECTION WELL ON THE AFFECTED AREA TO ENSURE THE TERMS AND
24 CONDITIONS OF ANY PERMIT ISSUED UNDER THIS SECTION ARE SUFFICIENT
25 TO ENSURE THAT ANY CLASS VI INJECTION WELL IMPACTS ARE AVOIDED,
26 MINIMIZED TO THE EXTENT PRACTICABLE, AND, TO THE EXTENT THAT ANY
27 CLASS VI INJECTION WELL IMPACTS REMAIN, THAT THE IMPACTS ARE
28 MITIGATED. THE COMMISSION SHALL PROVIDE A PLAIN LANGUAGE
29 SUMMARY OF HOW THE NEGATIVE IMPACTS ARE AVOIDED OR, IF NOT
30 AVOIDED, MINIMIZED AND MITIGATED AND, IF ANY, THE NEGATIVE
31 IMPACTS THAT CANNOT BE MITIGATED.".".
32
33 Amendment No. 6, by Representative McCormick:
34
35 Amend the Energy and Environment Committee Report, dated April 20,
36 2023, page 2, strike line 31 and substitute "CLASS VI PRIMACY.
37 (C) AS USED IN THIS SUBSECTION (9)(c)(III), "CUMULATIVE
38 IMPACTS" MEANS THE EFFECT ON PUBLIC HEALTH AND THE ENVIRONMENT,
39 INCLUDING THE EFFECT ON AIR QUALITY, WATER QUALITY, THE CLIMATE,
40 NOISE, ODOR, WILDLIFE, AND BIOLOGICAL RESOURCES, CAUSED BY THE
41 INCREMENTAL IMPACT THAT A PROPOSED NEW OR MODIFIED CLASS VI
42 INJECTION WELL WOULD HAVE WHEN ADDED TO THE IMPACTS FROM OTHER
43 PAST, PRESENT, AND REASONABLY FORESEEABLE FUTURE DEVELOPMENT
44 OF ANY TYPE ON THE AFFECTED AREA, INCLUDING AN AIRSHED OR
45 WATERSHED, OR ON A DISPROPORTIONATELY IMPACTED COMMUNITY.".".
46
47 Page 3, strike lines 27 through 37 and substitute:
48
49 "Page 15 of the reengrossed bill, after line 22 insert:
50
51 "(I) "CLASS VI INJECTION WELL IMPACTS" MEANS THE EFFECT ON
52 THE PUBLIC HEALTH AND THE ENVIRONMENT, INCLUDING AIR, WATER AND
53 SOIL, AND THE CLIMATE, CAUSED BY THE INCREMENTAL IMPACT THAT A
1 PROPOSED NEW OR SIGNIFICANTLY MODIFIED CLASS VI INJECTION WELL
2 AND ASSOCIATED INFRASTRUCTURE WOULD HAVE WHEN ADDED TO THE
3 IMPACTS FROM OTHER DEVELOPMENT IN THE AFFECTED AREA.".".
4
5 Page 4 of the report, strike lines 2 through 22 and substitute:
6
7 ""(9.3) (a) THE COMMISSION, IN CONSULTATION WITH THE
8 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, MAY ADOPT RULES
9 TO ESTABLISH A PROCESS TO CERTIFY THE QUANTITY AND DEMONSTRATED
10 SECURITY OF CARBON DIOXIDE STORED IN A CLASS VI INJECTION WELL.
11 (b) THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT".
12
13 As amended, ordered revised and placed on the Calendar for Third
14 Reading and Final Passage.
15