Amendments for SB23-092
Senate Journal, April 14
Amend printed bill, page 3, line 10, strike "(2)" and substitute "(1)(c)(II), (2),".
Page 3, strike line 14 and substitute "- rules - definitions. (1) Legislative
declaration. The general assembly hereby:
(c) Declares that:
(II) The agricultural drought and climate resilience office can best
address and mitigate agricultural climate-related issues on a wide scale by
providing support to and assisting bona fide agricultural producers in
implementing practices that minimize the impacts of climate change.
(2) Office created. (a) (I) There is hereby created".
Page 3, strike line 26 and substitute "STUDY THE POTENTIAL, BENEFITS, AND
TRADEOFFS OF AGRIVOLTAICS IN THE STATE. ANY AGRIVOLTAIC STUDY
AWARDED A GRANT PURSUANT TO THIS SUBSECTION (2)(a)(II) MUST INCLUDE
FINDINGS ON THE ADDITIONAL COSTS, INCLUDING THE ADDITIONAL CAPITAL AND
ONGOING MAINTENANCE COSTS, FOR THE USE OF AGRIVOLTAICS AS COMPARED
TO TRADITIONAL PHOTOVOLTAICS. THE ADDITIONAL COSTS MUST BE
QUANTIFIED ON BOTH A DOLLAR-PER-MEGAWATT AND A
DOLLAR-PER-MEGAWATT-HOUR BASIS.".
Page 4, strike lines 11 and 12 and substitute "agricultural commodities
produced in Colorado, and members of the state conservation board created in
section 35-70-103 (1)(a), AND REPRESENTATIVES OF THE SOLAR ENERGY
DEVELOPMENT INDUSTRY. The stakeholder".
Page 4, line 15, strike "production. For" and substitute "production For".
Page 4, strike line 20 and substitute "agricultural products AND SOLUTIONS
FROM THE SOLAR ENERGY DEVELOPMENT INDUSTRY ON PROVIDING FEASIBLE
SOLUTIONS FOR PRODUCING ELECTRICITY ON AGRICULTURAL LANDS WHILE
CONTRIBUTING ECOLOGICAL AND AGRICULTURAL BENEFITS.".
Page 4, strike lines 26 and 27 and substitute "by the office must be designed to
benefit bona fide agricultural producers actively engaged in agriculture INCLUDE
NEW OR ONGOING".
Page 5, strike line 5 and substitute:
"(B) REDUCE ENERGY COSTS IN AGRICULTURE;
(C) IMPROVE THE ECONOMIC RESILIENCE OF AGRICULTURAL
PRODUCERS;
(D) MINIMIZE NEGATIVE ENVIRONMENTAL IMPACTS OF PHOTOVOLTAIC
ENERGY PRODUCTION FACILITIES ON SOIL HEALTH, NATIVE VEGETATION, STATE
AND FEDERAL LISTED SPECIES, WILDLIFE MIGRATION CORRIDORS, AND THE
SPECIES, HABITATS, AND ECOSYSTEMS THAT ARE OF THE GREATEST
CONSERVATION NEED; AND".
Reletter succeeding sub-subparagraph accordingly.
Page 5, lines 13 and 14, strike "a bona fide" and substitute "bona fide AN".
Page 5, line 17, strike "BONA fide" and substitute "fide".
Page 5, strike lines 26 and 27.
Page 6, strike lines 1 through 12 and substitute:
"(4) Task force. (a) ON OR BEFORE SEPTEMBER 1, 2023, THE OFFICE
SHALL CONVENE AN AGRIVOLTAICS TASK FORCE TO CONDUCT A STUDY IN
CONSULTATION WITH THE DEPARTMENT, THE COLORADO ENERGY OFFICE
CREATED IN SECTION 24-38.5-101 (1), AND THE DIVISION OF PARKS AND
WILDLIFE IN THE DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION
33-9-104 (1) TO EVALUATE THE OPPORTUNITIES AND CHALLENGES ASSOCIATED
WITH AGRIVOLTAICS IN THE STATE, INCLUDING:
(I) THE TECHNICAL, OPERATIONAL, ENVIRONMENTAL, OR FINANCIAL
BARRIERS TO AN EXPANSION OF THE ADOPTION OF AGRIVOLTAICS IN THE STATE;
AND
(II) POTENTIAL STATE-LEVEL POLICIES AND PROGRAMS TO MINIMIZE THE
BARRIERS.
(b) ON OR BEFORE FEBRUARY 15, 2024, THE TASK FORCE SHALL
PRESENT THE RESULTS OF THE STUDY, INCLUDING ANY RECOMMENDATIONS FOR
LEGISLATION, TO THE JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES
AGRICULTURE, WATER, AND NATURAL RESOURCES COMMITTEE AND THE SENATE
AGRICULTURE AND NATURAL RESOURCES COMMITTEE, OR THEIR SUCCESSOR
COMMITTEES.".
Page 6, line 18, strike "FOR SOIL HEALTH" and substitute "TO IMPROVE SOIL
HEALTH OR INSECT HABITAT".
Page 6, strike lines 21 through 27.
Page 7, strike line 1.
Reletter succeeding paragraph accordingly.
Page 7, strike line 14 and substitute:
"(A) SOIL HEALTH MANAGEMENT PRACTICES, INCLUDING COVER
CROPPING, MANURE MANAGEMENT, SOIL AMENDMENTS, ROTATIONAL GRAZING,
RANGELAND MANAGEMENT, LOW- AND NO-TILL PRACTICES, AND HEDGE GROWS;
(B) THE USE OF DRY DIGESTERS; AND".
Reletter succeeding sub-subparagraph accordingly.
Page 7, line 22, after "(1)," insert "THE NATURAL AND WORKING LANDS TASK
FORCE CONVENED BY THE DEPARTMENT OF NATURAL RESOURCES, THE
COLORADO STATE FOREST SERVICE,".
Page 8, strike lines 7 and 8 and substitute "WITH THIS SECTION:
(A) MAY BE INCORPORATED INTO THE AIR QUALITY CONTROL".
Page 8, strike lines 13 through 18 and substitute:
"(B) MAY BE USED AS COMPLIANCE INSTRUMENTS BY A SOURCE
REGULATED UNDER ARTICLE 7 OF TITLE 25, WITH EMISSION REDUCTION
OBLIGATIONS ESTABLISHED BY THE AIR QUALITY CONTROL COMMISSION THAT
ENSURE THAT THE ANNUAL, OVERALL, ABSOLUTE EMISSIONS FROM THE SOURCE,
SECTOR, OR GROUP OF SOURCES DECLINE CONSISTENT WITH THE STATEWIDE
GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN SECTION 25-7-102
(2)(g), PROVIDED THAT THE SOURCE IS LOCATED IN A DISPROPORTIONATELY
IMPACTED COMMUNITY. THE COMMISSION SHALL ESTABLISH BY RULE AN
ANNUAL, ABSOLUTE EMISSION REDUCTION OBLIGATION SPECIFIC TO THE
SOURCE.
(C) MUST NOT BE AVAILABLE AS AN INSTRUMENT FOR EMISSIONS
REDUCTION COMPLIANCE UNDER SECTION 25-7-105 (1)(e)(V) UNLESS THE
COMMISSION HAS ADOPTED RULES ESTABLISHING AN ANNUAL, ABSOLUTE
EMISSION REDUCTION OBLIGATION FOR THE RELEVANT SECTOR THAT IS
CONSISTENT WITH THE STATEWIDE GREENHOUSE GAS EMISSION REDUCTION
GOALS.".
Page 8, line 19, strike "MITIGATE" and substitute "AVOID".
Page 8, line 21, strike "HAS" and substitute "COULD HAVE".
Page 9, after line 23 insert:
"(4) NOTHING IN THIS SECTION REQUIRES THE AIR QUALITY CONTROL
COMMISSION TO ADOPT RULES FOR GREENHOUSE GAS EMISSION OFFSETS OR
CREDIT MECHANISMS OR TO ACCEPT ANY GREENHOUSE GAS EMISSION OFFSETS
OR CREDIT MECHANISMS AS COMPLIANCE INSTRUMENTS FOR EMISSION
REDUCTION COMPLIANCE OR VERIFICATION.".
Renumber succeeding subsection accordingly.
Page 10, strike lines 10 through 12 and substitute:
"37-60-115. Water studies - rules - reports - definitions - repeal.
(12) (a) Study. (I) THE BOARD, IN CONSULTATION WITH THE STATE ENGINEER,
THE COLORADO ENERGY OFFICE, AND THE INSTITUTE, SHALL CONDUCT A STUDY
TO DETERMINE THE FEASIBILITY OF THE USE OF AQUAVOLTAICS".
Page 10, strike lines 16 through 22 and substitute "AQUAVOLTAIC
INFRASTRUCTURE IS PLACED. IN STUDYING THE FEASIBILITY OF USING
AQUAVOLTAICS, THE".
Page 10, after line 26 insert:
"(II) THE BOARD MAY CONTRACT WITH THE INSTITUTE, A THIRD PARTY,
OR BOTH, TO DESIGN, CARRY OUT, AND ANALYZE THE RESULTS OF THE STUDY
REQUIRED IN THIS SUBSECTION (12)(a). IF THE BOARD DEEMS APPROPRIATE, THE
STUDY MUST BE CONDUCTED IN CONSIDERATION OF AND RELIANCE ON
RELEVANT STUDIES COMPLETED IN THE STATE AND NATIONALLY.
(b) Report. ON OR BEFORE JANUARY 1, 2025, THE BOARD SHALL
SUBMIT A REPORT OF THE FINDINGS AND CONCLUSIONS OF THE STUDY TO THE
HOUSE OF REPRESENTATIVES AGRICULTURE, WATER, AND NATURAL RESOURCES
COMMITTEE AND THE SENATE AGRICULTURE AND NATURAL RESOURCES
COMMITTEE, OR THEIR SUCCESSOR COMMITTEES.".
Reletter succeeding paragraph accordingly.
Page 11, after line 8 insert:
"(IV) "INSTITUTE" MEANS THE COLORADO WATER INSTITUTE CREATED
IN SECTION 23-31-801.".
Renumber succeeding subparagraphs accordingly.
Page 11, after line 12 insert:
"SECTION 5. In Colorado Revised Statutes, 39-3-122, add (3) and (4)
as follows:
39-3-122. Agricultural equipment used in production of
agricultural products - CEA facilities - exemption - definition. (3) ON AND
AFTER JANUARY 1, 2024, BUT BEFORE JANUARY 2, 2029, PERSONAL PROPERTY
IS EXEMPTED FROM THE LEVY AND COLLECTION OF PROPERTY TAX IF THE
PROPERTY IS MACHINERY OR EQUIPMENT THAT IS PART OF A SOLAR ENERGY
GENERATING SYSTEM THAT IS USED FOR AGRIVOLTAICS, AND IF THE PROPERTY:
(a) INCORPORATES NOVEL DESIGNS, TECHNOLOGIES, OR
CONFIGURATIONS THAT SIGNIFICANTLY EXPAND THE POTENTIAL FOR
AGRICULTURAL ACTIVITIES, INCLUDING BY:
(I) ELEVATING THE BOTTOM EDGE HEIGHT OF THE PANELS AT LEAST SIX
FEET ABOVE THE GROUND;
(II) UTILIZING TRANSLUCENT PANELS;
(III) INCORPORATING ALTERNATIVE SOLAR TRACKING ALGORITHMS
THAT ARE TAILORED TO OPTIMIZE VEGETATIVE GROWTH; OR
(IV) INCORPORATING EXTENDED ROW OR PANEL SPACING IN A MANNER
THAT ENABLES AGRICULTURAL ACTIVITIES;
(b) IS CONSTRUCTED IN A MANNER THAT MINIMIZES SOIL COMPACTION
UNDERNEATH AND IN BETWEEN PANELS; AND
(c) IS CONSTRUCTED TO INCORPORATE DESIGN STRATEGIES THAT
MINIMIZE THE NEGATIVE ENVIRONMENTAL IMPACT OF PHOTOVOLTAIC ENERGY
PRODUCTION FACILITIES ON ECOSYSTEMS, NATIVE VEGETATION, STATE AND
FEDERALLY LISTED SPECIES, WILDLIFE MIGRATION CORRIDORS, AND THE
SPECIES, HABITATS, AND ECOSYSTEMS OF GREATEST CONSERVATION NEED.
(4) AS USED IN THIS SECTION, "AGRIVOLTAICS" HAS THE MEANING SET
FORTH IN SECTION 35-1-114 (5)(a).".
Renumber succeeding sections accordingly.
Page 12, line 1, strike "(4)(a)," and substitute "(5)(a),".
Page 12, line 2, strike "(12)(d)(I)," and substitute "(12)(c)(I),".
Page 12, after line 4 insert:
"SECTION 7. In Colorado Revised Statutes, 39-27-102, amend (12)
as follows:
39-27-102. Tax imposed on gasoline and special fuel - deposits -
penalties. (12) On and after January 1, 2022, no A supplier, distributor,
importer, or terminal operator may SHALL NOT sell gasoline or special fuel on
a tax-deferred or tax-exempt basis, except as provided in section 39-27-102.5
OR 39-27-103.7.
SECTION 8. In Colorado Revised Statutes, add 39-27-103.7 as
follows:
39-27-103.7. Exemption on tax imposed for certain special fuels and
blended special fuels - invoice requirements - certification - definitions.
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "BIODIESEL" MEANS FUEL COMPOSED OF MONO-ALKYL ESTERS OF
LONG-CHAIN FATTY ACIDS DERIVED FROM VEGETABLE OILS OR ANIMAL FATS
THAT:
(I) MEETS THE REGISTRATION REQUIREMENTS THAT THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY ESTABLISHES FOR FUEL OR FUEL
ADDITIVES UNDER SECTION 211 OF THE FEDERAL "CLEAN AIR ACT", 42 U.S.C.
SEC. 7545, AS AMENDED;
(II) MEETS THE MOST CURRENT SPECIFICATIONS FOR ASTM D6751,
WHICH IS THE "STANDARD SPECIFICATION FOR BIODIESEL FUEL BLEND STOCK
(B100) FOR MIDDLE DISTILLATE FUELS";
(III) IS INTENDED FOR USE IN ENGINES DESIGNED TO RUN ON
CONVENTIONAL, PETROLEUM-DERIVED DIESEL FUEL; AND
(IV) IS DERIVED FROM AGRICULTURAL PRODUCTS, VEGETABLE OILS,
RECYCLED GREASES, BIOMASS, OR ANIMAL FATS, OR FROM THE WASTES OF
THOSE PRODUCTS OR FATS.
(b) "RENEWABLE DIESEL" MEANS DIESEL FUEL CONFORMING TO THE
SPECIFICATIONS OF ASTM D975, WHICH IS THE "STANDARD SPECIFICATION FOR
DIESEL FUEL OIL, BIODIESEL BLEND (B0-B5)", THAT IS A HYDROCARBON OIL
MADE FROM NONPETROLEUM FEEDSTOCKS.
(2) (a) THE TAX IMPOSED ON SPECIAL FUEL PURSUANT TO SECTION
39-27-102 (1)(a)(II)(B) DOES NOT APPLY TO THE PORTION OF A BLENDED
BIODIESEL FUEL OR BLENDED RENEWABLE DIESEL FUEL THAT IS EQUAL TO THE
VOLUME OF BIODIESEL OR RENEWABLE DIESEL THAT IS BLENDED IN WITH THE
TAXABLE PETROLEUM-BASED DIESEL FUEL, AS DEMONSTRATED BY PROOF OF
THE CERTIFICATION REQUIRED PURSUANT TO SUBSECTION (4) OF THIS SECTION.
(b) A LICENSED FUEL DISTRIBUTOR THAT IS RESPONSIBLE FOR PAYING
STATE EXCISE TAX ON THE UNDERLYING DIESEL PORTION OF THE FUEL IS
ELIGIBLE FOR THE TAX EXEMPTION SET FORTH IN THIS SUBSECTION (2).
(3) (a) THE VOLUME OF BIODIESEL OR RENEWABLE DIESEL MUST BE
IDENTIFIED ON A SALES INVOICE FOR EACH SALES TRANSACTION AND MUST
CONTINUE TO BE IDENTIFIED ON EACH SALES INVOICE UNTIL THE BLENDED
BIODIESEL OR BLENDED RENEWABLE DIESEL FUEL PRODUCT IS SOLD TO THE END
USER.
(b) A SALES INVOICE MUST:
(I) IDENTIFY A BIODIESEL, RENEWABLE DIESEL, BIODIESEL BLEND, OR
RENEWABLE DIESEL BLEND BY A COMMONLY ACCEPTED COMMERCIAL OR
INDUSTRY NAME FOR THE BLENDED SPECIAL FUEL PRODUCT BEING SOLD, SUCH
AS B100 FOR BIODIESEL OR B20 FOR A BIODIESEL BLEND THAT CONTAINS
EIGHTY PERCENT TAXABLE PETROLEUM-BASED DIESEL FUEL AND TWENTY
PERCENT BIODIESEL;
(II) LIST THE VOLUME IN GALLONS, ROUNDED TO THE NEAREST WHOLE
GALLON, OR THE PERCENTAGE, ROUNDED TO THE NEAREST WHOLE PERCENTAGE,
OF THE FOLLOWING CONTAINED IN THE BLENDED SPECIAL FUEL PRODUCT:
(A) BIODIESEL OR RENEWABLE DIESEL; AND
(B) TAXABLE PETROLEUM-BASED DIESEL FUEL; AND
(III) INCLUDE THE AMOUNT OF TAX PER GALLON THAT APPLIES TO THE
BIODIESEL BLEND OR RENEWABLE DIESEL BLEND.
(4) (a) A BLENDER MUST PROVIDE TO A PURCHASER OF BIODIESEL,
RENEWABLE DIESEL, BLENDED BIODIESEL, OR BLENDED RENEWABLE DIESEL A
CERTIFICATE, INVOICE, BILL OF SALE, OR OTHER WRITTEN STATEMENT THAT
PROVIDES THE INFORMATION REQUIRED PURSUANT TO SUBSECTION (3)(b) OF
THIS SECTION AND THE FOLLOWING ADDITIONAL INFORMATION:
(I) THE NAME OF THE SELLER;
(II) THE NAME OF THE PURCHASER; AND
(III) THE DATE OF TRANSFER OF THE BLENDED SPECIAL FUEL PRODUCT.
(b) ANY PERSON CLAIMING THE TAX EXEMPTION PURSUANT TO
SUBSECTION (2) OF THIS SECTION MUST MAINTAIN THE CERTIFICATION RECORDS
REGARDING THE BIODIESEL, RENEWABLE DIESEL, BLENDED BIODIESEL, OR
BLENDED RENEWABLE DIESEL FUEL PRODUCT FOR AT LEAST FOUR YEARS.".
Renumber succeeding section accordingly.
Senate Journal, April 21
After consideration on the merits, the Committee recommends that SB23-092 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 12, before line 5 insert:
"SECTION 6. Appropriation. (1) For the 2023-24 state fiscal year,
$4,516,267 General Fund is appropriated to the department of agriculture for
use by the commissioner's office and administrative services.To implement this
act, the office may use this appropriation as follows:
(a) $412,680 for personal services, which amount is based on an
assumption that the office will require an additional 1.0 FTE;
(b) $186,665 for operating expenses;
(c) $3,862,422 for agrivoltaics grants; and
(e) $54,500 for the task force.
(2) Any money appropriated in subsection 1 of this section not expended
prior to July 1, 2024, is further appropriated to the office for the same purpose
until expended or June 30, 2026, whichever comes first.
(3) For the 2023-24 state fiscal year, $30,322 General Fund is
appropriated to the department of revenue. To implement this act, the
department may use this appropriation as follows:
(a) $7,392 for use by taxations services for personal services; and
(b) $22,930 for tax administration IT system (GenTax) support.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "AGRICULTURE." and substitute "AGRICULTURE, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
Senate Journal, April 21
SB23-092 by Senator(s) Simpson and Hansen; also Representative(s) McCormick and Soper--
Concerning opportunities for voluntary emission reductions in agriculture.
Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, April 14, page(s) 841-845 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 21, page(s) 996-997 and placed in members' bill files.)
Amendment No. 3(L.012), by Senator Hansen.
Amend the Agriculture and Natural Resources Committee Report, dated April
13, 2023, page 3, after line 1 insert:
"(b) THE TASK FORCE MUST INCLUDE ONE OR MORE REPRESENTATIVES
OF EACH OF THE FOLLOWING:
(I) AGRICULTURAL PRODUCERS AND AGRICULTURAL ASSOCIATIONS;
(II) UTILITIES;
(III) DEVELOPERS, OWNERS, OPERATORS, OR OTHER BUSINESSES
CRITICAL TO THE CREATION OR MANAGEMENT OF SOLAR ENERGY FACILITIES;
(IV) A RESEARCH INSTITUTION OR NATIONAL LAB, LOCATED IN THE
STATE, THAT HAS AGRIVOLTAIC EXPERIENCE;
(V) ENVIRONMENTAL ADVOCACY ORGANIZATIONS IN THE STATE; AND
(VI) INDEPENDENT POWER PRODUCERS.".
Reletter succeeding paragraph accordingly.
Amendment No. 4(L.013), by Senator Hansen.
Amend the Agriculture and Natural Resources Committee Report, dated April
13, 2023, page 6, strike lines 6 through 38.
Page 7, strike lines 1 to 6 and substitute:
""SECTION 7. In Colorado Revised Statutes, 39-27-102.5, add (11)
as follows:
39-27-102.5. Exemptions on tax imposed - ex-tax purchases -
definitions - repeal. (11) (a) AS USED IN THIS SUBSECTION (11), UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(I) "BIODIESEL" MEANS A FUEL COMPRISED OF MONO-ALKYL ESTERS OF
LONG-CHAIN FATTY ACIDS GENERALLY DERIVED FROM VEGETABLE OILS OR
ANIMAL FATS, DESIGNATED AS B100, AND MEETS THE REQUIREMENTS OF ASTM
D6751, WHICH IS THE "STANDARD SPECIFICATION FOR BIODIESEL FUEL BLEND
STOCK (B100) FOR MIDDLE DISTILLATE FUELS".
(II) "RENEWABLE DIESEL" MEANS A HYDROCARBON DIESEL VEHICLE
FUEL PRODUCED FROM NONPETROLEUM RENEWABLE RESOURCES SUCH AS
VEGETABLE OILS, INCLUDING SOY, CORN, AND CANOLA, ANIMAL OR POULTRY
FAT, USED COOKING OIL, MUNICIPAL SOLID WASTE, AND WASTEWATER SLUDGE
AND OILS. "RENEWABLE DIESEL" MEETS OR EXCEEDS ALL MINIMUM STANDARDS
SET FORTH IN ASTM D975, WHICH IS THE "STANDARD SPECIFICATION FOR
DIESEL FUEL". "RENEWABLE DIESEL" IS NOT BIODIESEL.
(b) (I) ON AND AFTER JANUARY 1, 2024, THROUGH DECEMBER 31,
2029, BIODIESEL AND RENEWABLE DIESEL BLENDS IN AMOUNTS OF FIVE PERCENT
(B5) BIODIESEL OR RENEWABLE DIESEL OR GREATER ARE EXEMPT FROM THE
EXCISE TAX IMPOSED PURSUANT TO THIS PART 1. IN THE CASE OF A BLENDED
SPECIAL FUEL THAT CONTAINS BIODIESEL OR RENEWABLE DIESEL, THE TAX
IMPOSED UNDER SECTION 39-27-102 (1)(a)(II)(B) IS REDUCED BY THE
PROPORTION THAT THE GALLONS OF BIODIESEL OR RENEWABLE DIESEL BEAR TO
THE TOTAL GALLONS OF BLENDED SPECIAL FUEL.".
Page 7, line 7, strike "(b)" and substitute "(II)".
Page 7, strike line 10 and substitute "(11)(b)".
Page 7, line 11, strike "(3) (a)" and substitute "(c) (I)".
Page 7, strike lines 16 and 17 and substitute:
"(II) A SALES INVOICE MUST:
(A) IDENTIFY A BIODIESEL, RENEWABLE DIESEL, BIODIESEL BLEND,".
Page 7, strike lines 23 through 31 and substitute:
"(B) LIST THE VOLUME IN GALLONS, ROUNDED TO THE NEAREST WHOLE
GALLON, OR THE PERCENTAGE, ROUNDED TO THE NEAREST WHOLE PERCENTAGE,
OF THE BIODIESEL OR RENEWABLE DIESEL OR TAXABLE PETROLEUM-BASED
DIESEL FUEL CONTAINED IN THE BLENDED SPECIAL FUEL PRODUCT.
(C) INCLUDE THE AMOUNT OF TAX PER GALLON THAT APPLIES TO THE
BIODIESEL BLEND OR RENEWABLE DIESEL BLEND.
(d) (I) A BLENDER MUST PROVIDE TO A PURCHASER OF BIODIESEL,"
Page 7, line 35, strike "(3)(b)" and substitute "(11)(c)(II)".
Page 7, strike lines 37 through 42 and substitute:
"(A) THE NAME OF THE SELLER;
(B) THE NAME OF THE PURCHASER; AND
(C) THE DATE OF TRANSFER OF THE BLENDED SPECIAL FUEL PRODUCT.
(II) ANY PERSON CLAIMING THE TAX EXEMPTION PURSUANT TO
SUBSECTION (11)(b) OF THIS SECTION MUST MAINTAINS THE CERTIFICATION".
Page 8, strike line 2 and substitute:
"FOUR YEARS.
(e) ON OR BEFORE SEPTEMBER 15, 2024, AND ON OR BEFORE
SEPTEMBER 15 FOR EACH YEAR THEREAFTER THROUGH 2029, THE DEPARTMENT
SHALL REPORT TO THE STATE TREASURER ON THE AMOUNT OF SPECIAL FUEL TAX
REVENUE LOST DUE TO THE TAX EXEMPTION SET FORTH IN THIS SUBSECTION (11)
IN THE PREVIOUS STATE FISCAL YEAR.
(f) THIS SUBSECTION (11) IS REPEALED, EFFECTIVE SEPTEMBER 1, 2030.
SECTION 8. In Colorado Revised Statutes, 24-75-219, add (7)(i) as
follows:
24-75-219. Transfers - transportation - capital construction -
definitions - repeal. (7) In addition to any other transfers required by this
section:
(i) (I) ON OCTOBER 1, 2024, AND ON OCTOBER 1 OF EACH YEAR
THEREAFTER THROUGH 2029, THE STATE TREASURER SHALL TRANSFER FROM
THE GENERAL FUND TO THE HIGHWAY USERS TAX FUND, CREATED IN SECTION
43-4-201, THE AMOUNT OF MONEY THAT THE DEPARTMENT OF REVENUE
REPORTS TO THE STATE TREASURER PURSUANT TO SECTION 39-27-102.5 (11)(e).
(II) THIS SUBSECTION (7)(i) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2030.
SECTION 9. In Colorado Revised Statutes, 43-4-205, amend (6.7) as
follows:
43-4-205. Allocation of fund. (6.7) Money transferred from the
general fund to the highway users tax fund pursuant to section 24-75-219
(5)(b.5) AND (7)(i) must be allocated and expended in accordance with the
formula specified in subsection (6)(b) of this section.".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 3
42 SB23-092 be amended as follows, and as so amended, be referred to
43 the Committee on Appropriations with favorable
44 recommendation:
45
46 Amend reengrossed bill, page 10, strike lines 6 and 7 and substitute "IN
47 SECTION 25-7-102 (2)(g); EXCEPT THAT, IF THE SOURCE IS LOCATED IN A
48 DISPROPORTIONATELY IMPACTED COMMUNITY, THE COMMISSION SHALL".
49
50 Page 14, strike lines 11 through 13 and substitute:
51
52 "(II) UTILIZING TRANSLUCENT PANELS OR PANELS WITH TUBULAR
53 OR OTHER INNOVATIVE PANEL GEOMETRY THAT SUPPORTS AGRIVOLTAICS;
54
1 (III) INCORPORATING ALTERNATIVE SOLAR TRACKING ALGORITHMS
2 THAT ARE TAILORED TO OPTIMIZE VEGETATIVE GROWTH;".
3
4 Page 14, after line 15 insert:
5
6 "(V) INCORPORATING MODIFIED WIRE MANAGEMENT SYSTEMS
7 THAT SUPPORT LIVESTOCK, INCLUDING RAISING, LOWERING, OR BURYING
8 WIRING;
9 (VI) INCORPORATING INNOVATIVE PHOTOVOLTAIC RACKING
10 STRUCTURES, INCLUDING TENSIONED WIRE RACKING SYSTEMS,
11 SUSPENSION-BASED SYSTEMS, OR OTHER DYNAMIC PHOTOVOLTAIC
12 RACKING SYSTEMS OR ARRANGEMENTS;
13 (VII) INCORPORATING AGRICULTURAL INFRASTRUCTURE THAT IS
14 TYPICALLY FOUND ON A FARM OR RANCH OPERATION, SUCH AS
15 AGRICULTURAL FENCES, WATER SOURCES AND DISTRIBUTION, WATER
16 TROUGHS AND TANKS, CORRALS, LIVESTOCK PENS, OR PRODUCE HANDLING
17 EQUIPMENT; AND
18 (VIII) INCORPORATING AGRICULTURAL STRUCTURES THAT ARE
19 TYPICALLY FOUND ON AN AGRICULTURAL OPERATION, SUCH AS A TRACTOR
20 SHED, BARN, OR STRUCTURES FOR EQUIPMENT STORAGE, PRODUCE
21 WASHING, STORAGE, PROCESSING, OR CHILLING AND PACKAGING.".
22
23 Page 14, line 19, before "MINIMIZE" insert "ARE PLANNED WITH THE
24 INTENT TO".
25
26 Page 19, after line 1 insert:
27
28 "SECTION 10. In Colorado Revised Statutes, 43-4-217, amend
29 (6)(a) as follows:
30 43-4-217. Additional funding - road usage fees - rules -
31 legislative declaration - definitions. (6) (a) A distributor is not required
32 to pay the road usage fee imposed by subsection (3) or (4) of this section
33 or the bridge and tunnel impact fee imposed as authorized by section
34 43-4-805 (5)(g.5), if the distributor would otherwise be liable for the
35 excise tax on the gasoline or special fuel subject to the fee but is allowed
36 to sell the gasoline or special fuel without payment of the applicable
5 37 excise tax pursuant to section 39-27-102 (1)(b)(II) or section 39-27-102.
38 (2)(b) SECTION 39-27-102.5.".
39
40 Renumber succeeding sections accordingly.
House Journal, May 6
5 SB23-092 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Strike the Agriculture, Water, and Natural Resources Committee Report,
10 dated May 3, 2023, and substitute:
11
12 "Amend reengrossed bill, page 3, line 11, strike "and (5)".
13
14 Page 6, strike lines 23 through 27.
15
16 Strike page 7 and substitute:
17
18 "(4) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE".
19
20 Page 14, line 25, strike "(5)(a)." and substitute "(4)(a).".
21
22 Page 15, line 14, strike "(5)(a)," and substitute "(4)(a),".
23
24 Page 15, strike lines 18 through 27.
25
26 Strike pages 16 through 18.
27
28 Page 19, strike line 1.
29
30 Renumber succeeding sections accordingly.
31
32 Page 19, line 3, strike "$4,516,267" and substitute "$611,870".
33
34 Page 19, line 7, strike "$412,680" and substitute "$24,370".
35
36 Page 19, line 8, strike "1.0 FTE;" and substitute "0.3 FTE;"
37
38 Page 19, line 9, strike "$186,665 for operating expenses;" and substitute
39 "$87,500 for operating expenses; and".
40
41 Page 19, strike line 10 and substitute "(c) $500,000 for agrivoltaics
42 grants.".
43
44 Page 19, strike line 11 through 14.
45
46 Renumber succeeding subsection accordingly.".
47
48
House Journal, May 7
36 Amendment No. 1, Appropriations Report, dated May 6, 2023, and placed
37 in member's bill file; Report also printed in House Journal, May 6, 2023.
38
39 Amendment No. 2, Agriculture, Water & Natural Resources Report, dated
40 May 3, 2023, and placed in member's bill file; Report also printed in
41 House Journal, May 3, 2023.
42
43 Amendment No. 3, by Representative McCormick:
44
45 Amend the Appropriations Committee Report, dated May 6, 2023, page
46 2, strike lines 5 and 6 and substitute:
47
48 "Page 19 of the reengrossed bill, strike lines 11 through 19.".".
49
50 Amendment No. 4, by Representative Soper:
51
52 Amend reengrossed bill, page 3, line 9, strike "AQUAVOLTAICS" and
53 substitute "FLOATOVOLTAICS".
54
55
1 Page 12, line 16, strike "AQUAVOLTAICS" and substitute
2 "FLOATOVOLTAICS".
3
4 Page 12, line 19, strike "AQUAVOLTAIC" and substitute "FLOATOVOLTAIC".
5
6 Page 12, line 20, strike "AQUAVOLTAICS," and substitute
7 "FLOATOVOLTAICS,".
8
9 Page 12, line 21, strike "AQUAVOLTAIC" and substitute "FLOATOVOLTAIC".
10
11 Page 13, strike lines 11 through 13.
12
13 Renumber succeeding subparagraphs accordingly.
14
15 Page 13, after line 17 insert:
16
17 "(III) "FLOATOVOLTAICS" MEANS ONE OR MORE SOLAR ENERGY
18 GENERATION FACILITIES PLACED OVER, NEAR, OR FLOATING ON IRRIGATION
19 CANALS OR RESERVOIRS IN THE STATE.".
20
21 Renumber succeeding subparagraphs accordingly.
22
23 Page 15, strike lines 15 through 17 and substitute "FLOATOVOLTAICS, AS
24 DEFINED IN SECTION 37-60-115 (12)(c)(III).".
25
26 Amendment No. 5, by Representative McCormick:
27
28 Amend reengrossed bill, page 10, strike lines 6 and 7 and substitute "IN
29 SECTION 25-7-102 (2)(g); EXCEPT THAT, IF THE SOURCE IS LOCATED IN A
30 DISPROPORTIONATELY IMPACTED COMMUNITY, THE COMMISSION SHALL".
31
32 Page 14, strike lines 11 through 13 and substitute:
33
34 "(II) UTILIZING TRANSLUCENT PANELS OR PANELS WITH TUBULAR
35 OR OTHER INNOVATIVE PANEL GEOMETRY THAT SUPPORTS AGRIVOLTAICS;
36 (III) INCORPORATING ALTERNATIVE SOLAR TRACKING ALGORITHMS
37 THAT ARE TAILORED TO OPTIMIZE VEGETATIVE GROWTH;".
38
39 Page 14, after line 15 insert:
40
41 "(V) INCORPORATING MODIFIED WIRE MANAGEMENT SYSTEMS
42 THAT SUPPORT LIVESTOCK, INCLUDING RAISING, LOWERING, OR BURYING
43 WIRING;
44 (VI) INCORPORATING INNOVATIVE PHOTOVOLTAIC RACKING
45 STRUCTURES, INCLUDING TENSIONED WIRE RACKING SYSTEMS,
46 SUSPENSION-BASED SYSTEMS, OR OTHER DYNAMIC PHOTOVOLTAIC
47 RACKING SYSTEMS OR ARRANGEMENTS;
48 (VII) INCORPORATING AGRICULTURAL INFRASTRUCTURE THAT IS
49 TYPICALLY FOUND ON A FARM OR RANCH OPERATION, SUCH AS
50 AGRICULTURAL FENCES, WATER SOURCES AND DISTRIBUTION, WATER
51 TROUGHS AND TANKS, CORRALS, LIVESTOCK PENS, OR PRODUCE HANDLING
52 EQUIPMENT; OR
53
1 (VIII) INCORPORATING AGRICULTURAL STRUCTURES THAT ARE
2 TYPICALLY FOUND ON AN AGRICULTURAL OPERATION, SUCH AS A TRACTOR
3 SHED, A BARN, OR STRUCTURES FOR EQUIPMENT STORAGE, PRODUCE
4 WASHING, STORAGE, PROCESSING, OR CHILLING AND PACKAGING;".
5
6 Page 14, line 19, before "MINIMIZE" insert "ARE PLANNED WITH THE
7 INTENT TO".
8
9 As amended, ordered revised and placed on the Calendar for Third
10 Reading and Final Passage.
11