Amendments for SB25-280
Senate Journal, April 17
After consideration on the merits, the Committee recommends that SB25-280 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add part 8 to article 48.5
of title 24 as follows:
PART 8
DATA CENTER DEVELOPMENT
AND INCENTIVES
24-48.5-801. Short title. THE SHORT TITLE OF THIS PART 8 IS THE
"COLORADO DATA CENTER DEVELOPMENT AND INCENTIVE PROGRAM ACT".
24-48.5-802. Legislative declaration. (1) THE GENERAL ASSEMBLY
FINDS, DETERMINES, AND DECLARES THAT:
(a) COLORADO'S CONTINUED ECONOMIC GROWTH AND TECHNOLOGICAL
ADVANCEMENT DEPEND ON THE DEVELOPMENT OF MODERN DIGITAL
INFRASTRUCTURE THAT CAN SUPPORT EMERGING TECHNOLOGIES WHILE
ENSURING GRID RELIABILITY, AFFORDABILITY OF ELECTRIC SERVICE FOR ALL
CUSTOMERS, AND ENVIRONMENTAL SUSTAINABILITY;
(b) COLORADO FACES INTERRELATED CHALLENGES IN:
(I) ACHIEVING ITS CLEAN ENERGY AND GREENHOUSE GAS REDUCTION
GOALS WHILE MAINTAINING GRID SYSTEM RELIABILITY;
(II) MODERNIZING CRITICAL ELECTRICAL GRID INFRASTRUCTURE TO
SUPPORT INCREASING ELECTRIFICATION;
(III) ENSURING EQUITABLE ECONOMIC DEVELOPMENT ACROSS URBAN,
SUBURBAN, AND RURAL COMMUNITIES; AND
(IV) MAINTAINING ECONOMIC COMPETITIVENESS IN AN EVOLVING
TECHNOLOGICAL LANDSCAPE;
(c) THE COLORADO ELECTRIC TRANSMISSION AUTHORITY HAS
IDENTIFIED CRITICAL TRANSMISSION CAPACITY NEEDS REQUIRING
APPROXIMATELY FOUR AND ONE-HALF BILLION DOLLARS IN INFRASTRUCTURE
INVESTMENT THROUGH 2045, WITH SIGNIFICANT REQUIREMENTS FOR GRID
MODERNIZATION, RELIABILITY ENHANCEMENT, AND RENEWABLE AND CLEAN
ENERGY INTEGRATION;
(d) DATA CENTERS REPRESENT A TRANSFORMATIVE OPPORTUNITY TO:
(I) ACCELERATE GRID MODERNIZATION THROUGH STRATEGIC
INVESTMENT CONTRIBUTIONS INTO TRANSMISSION AND DISTRIBUTION
INFRASTRUCTURE;
(II) CREATE HIGH-WAGE EMPLOYMENT OPPORTUNITIES ACROSS THE
STATE, PARTICULARLY IN AREAS TRANSITIONING FROM TRADITIONAL ENERGY
ECONOMIES; AND
(III) STRENGTHEN LOCAL TAX BASES WHILE DRIVING TECHNOLOGICAL
INNOVATION;
(e) COLORADO'S EXISTING TAX STRUCTURE DOES NOT ADEQUATELY
REFLECT THE UNIQUE OPERATIONAL CHARACTERISTICS AND INFRASTRUCTURE
REQUIREMENTS OF MODERN DATA CENTER DEVELOPMENT;
(f) THE STATE'S CURRENT TAX FRAMEWORK CREATES UNINTENDED
BARRIERS TO CRITICAL DIGITAL INFRASTRUCTURE INVESTMENT, PARTICULARLY
REGARDING:
(I) LARGE-SCALE CAPITAL INVESTMENT IN TECHNOLOGICAL
EQUIPMENT;
(II) ONGOING GRID INFRASTRUCTURE MODERNIZATION; AND
(III) RENEWABLE AND CLEAN ENERGY DEPLOYMENT;
(g) DATA CENTERS REPRESENT A DISTINCT CLASS OF INFRASTRUCTURE
THAT:
(I) REQUIRES SIGNIFICANT UP-FRONT CAPITAL INVESTMENT;
(II) DRIVES SUBSTANTIAL GRID MODERNIZATION;
(III) CREATES HIGH-WAGE TECHNOLOGY EMPLOYMENT; AND
(IV) GENERATES LONG-TERM ECONOMIC BENEFITS;
(h) UNDER COLORADO'S CURRENT TAX FRAMEWORK, THE STATE RISKS
LOSING BILLIONS OF DOLLARS IN POTENTIAL INVESTMENT OVER THE NEXT
DECADE DESPITE SIGNIFICANT COMPETITIVE ADVANTAGES IN CLIMATE,
WORKFORCE, AND RENEWABLE AND CLEAN RESOURCES;
(i) NEIGHBORING STATES HAVE ESTABLISHED COMPREHENSIVE
INCENTIVE PROGRAMS THAT PLACE COLORADO AT A COMPETITIVE
DISADVANTAGE;
(j) COLORADO'S UNIQUE GEOGRAPHIC AND RESOURCE ADVANTAGES
CREATE OPPORTUNITIES FOR LEADERSHIP IN SUSTAINABLE DATA CENTER
DEVELOPMENT;
(k) EMERGING LARGE LOAD CUSTOMERS HAVE THE POTENTIAL TO DRIVE
SIGNIFICANT INVESTMENT IN COLORADO'S ENERGY INFRASTRUCTURE;
(l) A TARGETED AND TRANSPARENT RESOURCE ACQUISITION
FRAMEWORK CAN ENABLE UTILITIES TO EFFICIENTLY SERVE THESE CUSTOMERS
WHILE PRESERVING AFFORDABILITY, PROTECTING EXISTING RATEPAYERS, AND
MEETING THE STATE'S DECARBONIZATION AND GRID RELIABILITY GOALS; AND
(m) THE GENERAL ASSEMBLY EQUALLY SUPPORTS THE USE OF
UNIONIZED AND NONUNIONIZED LABOR TO PERFORM ANY OF THE NECESSARY
WORK IN CONNECTION WITH DATA CENTER DEVELOPMENT AND THE
IMPLEMENTATION OF A TARGETED AND TRANSPARENT RESOURCE ACQUISITION
FRAMEWORK.
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT A
STRUCTURED, PERFORMANCE-BASED APPROACH TO DATA CENTER
DEVELOPMENT WILL:
(a) ACCELERATE GRID MODERNIZATION THROUGH PRIVATE
INVESTMENT;
(b) ENSURE RESPONSIBLE DEVELOPMENT THAT BENEFITS LOCAL
COMMUNITIES;
(c) ADVANCE MULTIPLE STATE POLICY OBJECTIVES;
(d) CREATE HIGH-WAGE TECHNOLOGY JOBS;
(e) STRENGTHEN LOCAL TAX BASES, PARTICULARLY IN RURAL AREAS;
AND
(f) ENHANCE COLORADO'S POSITION AS A LEADER IN TECHNOLOGICAL
INNOVATION.
24-48.5-803. Definitions. AS USED IN THIS PART 8, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "CERTIFICATION" MEANS RECOGNITION GRANTED TO A DATA
CENTER BY THE OFFICE PURSUANT TO SECTION 24-48.5-807, UPON
DETERMINATION THAT THE DATA CENTER MEETS THE REQUIREMENTS SPECIFIED
IN SECTION 24-48.5-805.
(2) "CERTIFIED DATA CENTER" MEANS A DATA CENTER THAT HAS
RECEIVED CERTIFICATION FROM THE OFFICE PURSUANT TO SECTION 24-48.5-807.
(3) "COMMISSION" MEANS THE COLORADO PUBLIC UTILITIES
COMMISSION CREATED IN SECTION 40-2-101.
(4) "DATA CENTER" MEANS A FACILITY WITH ONE OR MORE BUILDINGS
INCLUDING CORRESPONDING ELECTRICAL INFRASTRUCTURE THAT:
(a) HOUSES INFORMATION TECHNOLOGY EQUIPMENT USED FOR DATA
PROCESSING, DATA STORAGE, OR TELECOMMUNICATIONS; AND
(b) HAS A PRIMARY FUNCTION OF DELIVERING INFORMATION
TECHNOLOGY SERVICES INCLUDING:
(I) PROVIDING DATA STORAGE, PROCESSING, AND TRANSPORT SERVICES;
(II) SUPPORTING THE DELIVERY OF CLOUD COMPUTING SERVICES;
(III) PROVIDING NETWORK CONNECTIVITY SERVICES; AND
(IV) SUPPORTING ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR
SIMILAR COMPUTATIONAL SERVICES.
(5) "DATA CENTER OPERATOR" MEANS ANY PERSON OR ENTITY THAT:
(a) OWNS, LEASES, OR OPERATES A DATA CENTER IN COLORADO;
(b) IS A CLIENT OR COLLOCATION TENANT OR LICENSEE OF A DATA
CENTER, INCLUDING ENTITIES THAT LEASE, RENT, OR OTHERWISE ENTER INTO A
CONTRACTUAL AGREEMENT FOR THE USE OF DATA CENTER SPACE OR SERVICES;
OR
(c) CO-LOCATES INFORMATION TECHNOLOGY EQUIPMENT WITHIN A
QUALIFYING DATA CENTER FACILITY.
(6) "DATA CENTER TENANT" MEANS A CLIENT OR CO-LOCATION TENANT
OR LICENSEE OF A DATA CENTER, INCLUDING AN ENTITY THAT LEASES, RENTS OR
OTHERWISE ENTERS INTO A CONTRACTUAL AGREEMENT FOR THE USE OF DATA
CENTER SPACE OR SERVICES, OR OTHERWISE CO-LOCATES INFORMATION
TECHNOLOGY EQUIPMENT WITHIN A QUALIFYING DATA CENTER FACILITY.
(7) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE.
(8) "ENERGY OFFICE" MEANS THE COLORADO ENERGY OFFICE CREATED
IN SECTION 24-38.5-101.
(9) "OFFICE" MEANS THE OFFICE OF ECONOMIC DEVELOPMENT CREATED
IN SECTION 24-48.5-101.
(10) "PROGRAM" MEANS THE DATA CENTER DEVELOPMENT INCENTIVE
PROGRAM CREATED IN THIS PART 8.
(11) "QUALIFIED PURCHASE" MEANS THE PURCHASE, ON OR AFTER JULY
1, 2025, OR THE EFFECTIVE DATE OF THIS PART 8,WHICHEVER IS LATER, OF:
(a) INFORMATION TECHNOLOGY INFRASTRUCTURE INCLUDING:
(I) COMPUTER EQUIPMENT OR SOFTWARE USED IN THE OPERATION OF OR
FOR THE BENEFIT OF THE CERTIFIED DATA CENTER;
(II) SOFTWARE SERVERS, ROUTERS, CONNECTIONS, MONITORING AND
SECURITY SYSTEMS, AND OTHER ENABLING MACHINERY, EQUIPMENT,
SOFTWARE, AND HARDWARE, REGARDLESS OF WHETHER THE PROPERTY IS
AFFIXED TO OR INCORPORATED INTO REAL PROPERTY;
(III) DATA STORAGE SYSTEMS; AND
(IV) NETWORK INFRASTRUCTURE;
(b) DATA CENTER INFRASTRUCTURE AND TRANSMISSION AND
GENERATION SYSTEM ASSETS INCLUDING:
(I) ENVIRONMENTAL CONTROL SYSTEMS;
(II) ON-SITE ENERGY STORAGE SYSTEMS;
(III) ON-SITE RENEWABLE AND CLEAN ENERGY SYSTEMS; AND
(IV) BUILDING MATERIALS FOR DATA CENTER CONSTRUCTION;
(c) MECHANICAL AND POWER DISTRIBUTION SYSTEMS; OR
(d) OTHER EQUIPMENT AND SYSTEMS ESSENTIAL TO DATA CENTER
OPERATIONS.
(12) "RENEWABLE AND CLEAN ENERGY" MEANS ELECTRICITY
GENERATED FROM:
(a) SOURCES QUALIFYING AS ELIGIBLE ENERGY RESOURCES PURSUANT
TO SECTIONS 30-20-1202 (2) AND 40-2-124, INCLUDING BUT NOT LIMITED TO:
(I) SOLAR;
(II) WIND;
(III) GEOTHERMAL;
(IV) BIOMASS;
(V) HYDROELECTRIC;
(VI) RECYCLED ENERGY;
(VII) BATTERY ENERGY STORAGE SYSTEMS;
(VIII) NUCLEAR ENERGY; AND
(IX) COAL MINE METHANE WHEN THE COMMISSION DETERMINES IT IS
CAPTURED IN A MANNER THAT CONFORMS WITH ENVIRONMENTAL
REGULATIONS;
(b) OTHER CLEAN ENERGY RESOURCES AS DETERMINED BY THE
COMMISSION, INCLUDING:
(I) GREEN HYDROGEN; AND
(II) OTHER EMERGING ZERO-CARBON TECHNOLOGIES; OR
(c) ANY COMBINATION OF RESOURCES SPECIFIED IN THIS SUBSECTION
(12).
24-48.5-804. Data center development incentive program. (1) THE
DATA CENTER DEVELOPMENT INCENTIVE PROGRAM IS CREATED IN THE OFFICE
TO FACILITATE EFFICIENT DATA CENTER DEVELOPMENT BY ALLOWING TAX
RELIEF TO A DATA CENTER OPERATOR THAT OWNS OR OPERATES A DATA CENTER
OR TO A PARTICIPATING DATA CENTER TENANT OF A DATA CENTER THAT
OBTAINS CERTIFICATION PURSUANT TO THIS PART 8.
(2) THE OFFICE SHALL ADMINISTER THE PROGRAM AND COORDINATE
WITH THE COMMISSION AND THE ENERGY OFFICE AS NECESSARY TO MAXIMIZE
THE EFFECTIVENESS OF THE PROGRAM.
(3) THE OFFICE SHALL PERFORM AN EVALUATION OF THE PROGRAM IN
2031 TO EVALUATE THE EFFECTIVENESS OF THE PROGRAM AND TO DETERMINE
IF ANY MODIFICATIONS TO THE PROGRAM ARE REQUIRED.
(4) (a) THE OFFICE SHALL RECEIVE AND EVALUATE APPLICATIONS
THAT ARE SUBMITTED BY DATA CENTER OPERATORS TO OBTAIN THE
FOLLOWING:
(I) CERTIFICATION FOR A DATA CENTER, WHICH ALLOWS THE DATA
CENTER OPERATOR A SALES AND USE TAX EXEMPTION FOR QUALIFIED
PURCHASES IN CONNECTION WITH THE DATA CENTER PURSUANT TO SECTIONS
24-48.5-808 AND 39-26-735; AND
(II) A BENEFIT EXTENSION PURSUANT TO SECTION 24-48.5-814 FOR A
DATA CENTER THAT HAS OBTAINED CERTIFICATION.
(b) TO OBTAIN CERTIFICATION FOR A DATA CENTER OR TO OBTAIN A
BENEFIT EXTENSION, A DATA CENTER OPERATOR MUST FILE A COMPLETED
APPLICATION WITH THE OFFICE PURSUANT TO SECTION 24-48.5-806.
(3) THE OFFICE SHALL BEGIN PROCESSING APPLICATIONS FOR
CERTIFICATION AS SPECIFIED IN SECTION 24-48.5-807 WITHIN ONE HUNDRED
EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS PART 8. THE OFFICE SHALL
COMPLETE ITS REVIEW OF ANY APPLICATION THAT IS SUBMITTED ON OR BEFORE
DECEMBER 31, 2034, PURSUANT TO THE POLICIES, PROCEDURES, AND
GUIDELINES ESTABLISHED PURSUANT TO THIS PART 8.
(4) IF THE OFFICE APPROVES A DATA CENTER FOR CERTIFICATION, THE
OFFICE SHALL USE THE REPORTS THAT A DATA CENTER OPERATOR IS REQUIRED
TO SUBMIT TO THE OFFICE PURSUANT TO SECTION 24-48.5- 809
TO MONITOR THE CERTIFIED DATA CENTER TO ENSURE THAT THE CERTIFIED
DATA CENTER REMAINS IN COMPLIANCE WITH PROGRAM REQUIREMENTS.
(5) THE OFFICE SHALL ISSUE STATE SALES AND USE TAX EXEMPTION
CERTIFICATES REQUIRED FOR A DATA CENTER OPERATOR THAT OBTAINS
CERTIFICATION OR A CERTIFIED DATA CENTER BENEFIT EXTENSION TO CLAIM
THE SALES AND USE TAX EXEMPTION ALLOWED IN SECTIONS 24-48.5-808 AND
39-26-735.
(6) IN IMPLEMENTING THE PROGRAM, THE OFFICE SHALL FACILITATE
EFFICIENT DATA CENTER DEVELOPMENT BY ESTABLISHING CLEAR
QUALIFICATION CRITERIA AND CONSISTENTLY ADMINISTERING A PREDICTABLE
APPLICATION, REVIEW, AND APPROVAL PROCESS FOR DATA CENTER
CERTIFICATION PURSUANT TO THIS PART 8.
(7) THE OFFICE MAY CREATE AND MODIFY POLICIES, PROCEDURES, AND
GUIDELINES AS NECESSARY TO IMPLEMENT THE PROGRAM AND THE TAX AND
OTHER BENEFITS THAT MAY BE CLAIMED PURSUANT TO THIS PART
8.
24-48.5-805. Certification - data center operators - minimum
requirements. (1) TO QUALIFY FOR DATA CENTER CERTIFICATION PURSUANT
TO THIS PART 8, A DATA CENTER OPERATOR OR A DATA CENTER OPERATOR
COLLECTIVELY WITH ITS PARTICIPATING DATA CENTER TENANTS SHALL COMMIT
TO:
(a) MAKING A MINIMUM CAPITAL INVESTMENT OF TWO HUNDRED FIFTY
MILLION DOLLARS IN DATA CENTER QUALIFYING PURCHASES WITHIN SIXTY
MONTHS OF OBTAINING DATA CENTER CERTIFICATION;
(b) CREATING, WITHIN SIXTY MONTHS OF THE DATA CENTER'S RECEIPT
OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE DATA
CENTER PROJECT, AND MAINTAINING TWENTY-FIVE NEW FULL-TIME EQUIVALENT
JOBS WITH AN AVERAGE COMPENSATION OF AT LEAST ONE HUNDRED TEN
PERCENT OF THE COUNTY AVERAGE WAGE IN THE COUNTY IN WHICH THE DATA
CENTER WILL BE LOCATED;
(c) VERIFYING THAT THE DATA CENTER WILL NOT RESULT IN
UNREASONABLE COST IMPACTS TO OTHER UTILITY RATEPAYERS. THIS
REQUIREMENT MAY BE SATISFIED BY:
(I) SECURING APPROVAL OF THE DATA CENTER THROUGH THE
TARGETED RESOURCE ACQUISITION FRAMEWORK DESCRIBED IN SECTION
40-2-140 FOR JURISDICTIONAL UTILITIES;
(II) PROVIDING A LETTER OR STATEMENT FROM THE HOST UTILITY, A
MUNICIPAL UTILITY'S GOVERNING BOARD, OR A RELEVANT REGULATORY ENTITY
CONFIRMING THAT THE UTILITY INFRASTRUCTURE COSTS ASSOCIATED WITH THE
DATA CENTER ARE REASONABLY ALLOCATED AND ARE NOT EXPECTED TO CAUSE
UNJUSTIFIED RATE INCREASES FOR OTHER CUSTOMERS;
(III) PROVIDING DOCUMENTATION OF A PROPOSED INTERCONNECTION
AGREEMENT, ELECTRIC SERVICE AGREEMENT, OR SIMILAR AGREEMENT THAT
IDENTIFIES REQUIRED UTILITY INFRASTRUCTURE UPGRADES AND CONFIRMS
THAT THE DATA CENTER OPERATOR HAS AGREED OR WILL AGREE TO COVER ITS
FAIR SHARE OF COSTS IN ACCORDANCE WITH THE UTILITY'S POLICY; OR
(IV) ANOTHER PATHWAY IDENTIFIED THROUGH THE RULEMAKING FOR
LARGE NEW LOADS PURSUANT TO SECTION 40-2-141.
(d) IMPLEMENTING WATER STEWARDSHIP MEASURES THAT OPTIMIZE
OPERATIONAL WATER MANAGEMENT THROUGH ONE OR MORE OF THE
FOLLOWING:
(I) IMPLEMENTATION OF CLOSED-LOOP COOLING SYSTEMS;
(II) USE OF AVAILABLE RECYCLED WATER SOURCES OR WATER RIGHTS
PREVIOUSLY RESERVED FOR RETIRING THERMAL POWER UNITS; OR
(III) DEPLOYMENT OF WATER-EFFICIENT TECHNOLOGIES;
(e) PROVIDE CERTIFICATION UNDER ONE OF THE FOLLOWING
STANDARDS WITHIN TWENTY-FOUR MONTHS OF THE DATA CENTER'S RECEIPT OF
A FINAL CERTIFICATE OF OCCUPANCY:
(I) LEED FOR DATA CENTERS AT SILVER LEVEL OR HIGHER;
(II) ENERGY STAR CERTIFICATION;
(III) GREEN GLOBES CERTIFICATION;
(IV) ISO 50001 ENERGY MANAGEMENT CERTIFICATION;
(V) ISO 14001 STANDARD FOR ENVIRONMENTAL MANAGEMENT
SYSTEMS; OR
(VI) OTHER EQUIVALENT STANDARDS APPROVED BY THE OFFICE; OR
(f) CONSULTING WITH THE DEPARTMENT OF NATURAL RESOURCES
REGARDING WILDLIFE AREAS, WILDFIRE AND URBAN INTERFACE, AND WATER.
(g) BREAKING GROUND ON THE DATA CENTER WITHIN SIXTY MONTHS OF
OBTAINING CERTIFICATION;
(h) COMPLYING WITH THE CRAFT LABOR REQUIREMENTS IN PART 3 OF
ARTICLE 92 OF THIS TITLE 24, IF THE DATA CENTER IS AN ENERGY SECTOR PUBLIC
WORKS PROJECT, AS DEFINED IN SECTION 24-92-303 (5);
(i) COMPLYING WITH THE APPRENTICESHIP UTILIZATION REQUIREMENTS
IN SECTION 24-92-115 AND THE PREVAILING WAGE REQUIREMENTS IN PART 2 OF
ARTICLE 92 OF THIS TITLE 24 AS IF THE DATA CENTER SATISFIED THE CRITERIA
FOR A PUBLIC PROJECT AS DESCRIBED IN
SECTIONS 24-92-115 (1) AND 24-92-203 (1); AND
(j) COMMITTING TO SATISFYING THE DATA CENTER REQUIREMENTS
AFTER CERTIFICATION SPECIFIED IN SECTION 24-48.5-812.
(2) UPON RECEIPT OF AN APPLICATION FOR CERTIFICATION FROM A
DATA CENTER OPERATOR, THE OFFICE SHALL REVIEW THE APPLICATION
PURSUANT TO SECTION 24-48.5-807. IF THE OFFICE APPROVES THE DATA CENTER
FOR CERTIFICATION, THE DATA CENTER OPERATOR BECOMES ELIGIBLE, AS OF
THE DATE OF CERTIFICATION, FOR THE BENEFITS SPECIFIED IN SECTION
24-48.5-808.
24-48.5-806. Application process - data center operators -
requirements. (1) A DATA CENTER OPERATOR SEEKING CERTIFICATION
FOR A DATA CENTER PURSUANT TO THIS PART 8 MUST SUBMIT AN APPLICATION
TO THE OFFICE, IN A FORM AND MANNER DETERMINED BY THE
OFFICE, THAT INCLUDES THE FOLLOWING:
(a) INFORMATION ABOUT THE DATA CENTER FOR WHICH THE DATA
CENTER OPERATOR IS SEEKING CERTIFICATION INCLUDING:
(I) THE IDENTITY AND QUALIFICATIONS OF THE DATA CENTER OPERATOR
TO OWN OR OPERATE A DATA CENTER;
(II) EVIDENCE OF SITE CONTROL OR A PATHWAY TO SITE CONTROL;
(III) A PROPOSED DEVELOPMENT TIMELINE AND PHASING;
(IV) AN ESTIMATED TIMELINE FOR CAPITAL INVESTMENTS IN DATA
CENTER CONSTRUCTION AND EQUIPMENT REACHING A MINIMUM OF TWO
HUNDRED FIFTY MILLION DOLLARS WITHIN THIRTY-SIX MONTHS OF THE DATA
CENTER BEING PLACED IN SERVICE OR RECEIPT OF A FINAL CERTIFICATE OF
OCCUPANCY;
(V) AN ESTIMATED JOB CREATION PLAN BY THE DATA CENTER
OPERATOR OR BY THE DATA CENTER OPERATOR COLLECTIVELY WITH ITS
PARTICIPATING DATA CENTER TENANTS SHOWING AT LEAST TWENTY-FIVE NEW
FULL-TIME EQUIVALENT POSITIONS, WITHIN SIXTY MONTHS AFTER THE DATA
CENTER'S RECEIPT OF A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE
OF THE DATA CENTER PROJECT, WITH COMPENSATION OF AT LEAST ONE
HUNDRED TEN PERCENT OF THE COUNTY AVERAGE WAGE FOR THE COUNTY IN
WHICH THE DATA CENTER WILL BE LOCATED; AND
(VI) AN ENVIRONMENTAL SUSTAINABILITY PLAN FOR THE DATA
CENTER THAT INCLUDES:
(A) A FACILITY CERTIFICATION COMMITMENT, INCLUDING LEED,
ENERGY STAR, GREEN GLOBES, ISO 50001, ISO 14001, OR THE EQUIVALENT;
AND
(B) CONSULTATION WITH DEPARTMENT OF NATURAL RESOURCES;
(b) THE IDENTITY OF THE UTILITY OR UTILITIES THAT WILL SERVE THE
DATA CENTER; AND
(c) LOCAL GOVERNMENT DOCUMENTATION IN CONNECTION WITH THE
DATA CENTER INCLUDING:
(I) DOCUMENTATION OF THE STATUS OF THE APPLICATION FROM THE
LOCAL GOVERNMENTAL ENTITY THAT WILL PROVIDE THE PERMIT FOR THE DATA
CENTER, IF AVAILABLE;
(II) A DESCRIPTION OF APPLICABLE LOCAL INCENTIVES; AND
(III) THE STATUS OF LOCAL PERMITS AND APPROVALS.
24-48.5-807. Application review and certification process. (1) THE
OFFICE SHALL REVIEW ALL APPLICATIONS SUBMITTED PURSUANT TO SECTION
24-48.5-806. THE OFFICE SHALL DETERMINE WHETHER AN APPLICATION IS
COMPLETE WITHIN THIRTY DAYS AFTER THE OFFICE'S RECEIPT OF THE
APPLICATION. WITHIN NINETY DAYS OF DETERMINING THAT AN APPLICATION IS
COMPLETE, THE OFFICE SHALL CONDUCT A FULL APPLICATION REVIEW.
(2) IF THE OFFICE DETERMINES THAT AN APPLICATION IS DEFICIENT, THE
OFFICE SHALL PROVIDE WRITTEN NOTIFICATION TO THE APPLICANT THAT
IDENTIFIES THE SPECIFIC DEFICIENCIES. THE OFFICE SHALL ALLOW THIRTY DAYS
FOR THE APPLICANT TO CURE ANY DEFICIENCIES IN THE APPLICATION AND
COMPLETE A REVIEW OF THE REVISED APPLICATION WITHIN THIRTY DAYS AFTER
RECEIPT.
(3) THE OFFICE SHALL APPROVE AN APPLICATION FOR CERTIFICATION
FOR A DATA CENTER IF IT HAS MET OR WILL MEET ALL OF THE APPLICATION
CRITERIA IN SECTION 24-48.5-805.
(4) THE OFFICE MAY REJECT AN APPLICATION ONLY IF:
(a) THE OFFICE FINDS THAT THE DATA CENTER OPERATOR MATERIALLY
MISREPRESENTED FACTS IN THE APPLICATION;
(b) THE OFFICE FINDS THAT THE DATA CENTER OPERATOR FAILED TO
PROVIDE REQUIRED DOCUMENTATION AFTER THE OFFICE PROVIDED AN
OPPORTUNITY TO CURE PURSUANT TO SUBSECTION (2) OF THIS SECTION; OR
(c) THE OFFICE DETERMINES THAT THE APPLICANT DOES NOT MEET
MINIMUM CERTIFICATION REQUIREMENTS UNDER SECTION 24-48.5-805.
(5) BEFORE REJECTING ANY APPLICATION THAT MEETS THE MINIMUM
INVESTMENT AND JOB CREATION THRESHOLDS SET FORTH IN SECTION
24-48.5-805 (1)(a), THE OFFICE MUST:
(a) PROVIDE THE APPLICANT AN OPPORTUNITY TO ADDRESS THE
OFFICE'S CONCERNS; AND
(b) EXPLORE ALTERNATIVE PATHS TO APPROVAL WITH CONDITIONS IF
POSSIBLE.
(6) THE OFFICE MAY REVOKE CERTIFICATION THAT IT HAS AWARDED
PURSUANT TO THIS SECTION IF THE OFFICE DETERMINES THAT THE DATA CENTER
OPERATOR:
(a) HAS FAILED TO MAKE SUBSTANTIAL PROGRESS TOWARD SATISFYING
THE REQUIREMENTS SPECIFIED IN SECTION 24-48.5-805 WITHIN TWO YEARS OF
THE DATA CENTER BEING PLACED IN SERVICE OR RECEIPT OF A FINAL
CERTIFICATE OF OCCUPANCY;
(b) HAS MATERIALLY CHANGED THE DATA CENTER IN A WAY THAT
WOULD HAVE DISQUALIFIED IT FROM CERTIFICATION; OR
(c) HAS FAILED TO MAINTAIN COMPLIANCE WITH THE CRITERIA THAT
FORMED THE BASIS OF APPROVAL.
24-48.5-808. Certification benefits - state sales and use tax
exemption. (1) (a) A DATA CENTER THAT HAS OBTAINED CERTIFICATION IS
ELIGIBLE FOR A ONE-HUNDRED-PERCENT STATE SALES AND USE TAX EXEMPTION
ON QUALIFIED PURCHASES PURSUANT TO SECTION 39-26-735.
(b) A DATA CENTER THAT OBTAINS CERTIFICATION AND IS ELIGIBLE TO
CLAIM A STATE SALES AND USE TAX EXEMPTION PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION IS ELIGIBLE FOR THE EXEMPTION FOR TWENTY YEARS
FROM THE DATE THAT THE DATA CENTER RECEIVED CERTIFICATION, SO LONG AS
THE DATA CENTER:
(I) MAINTAINS THE QUALIFYING EMPLOYMENT LEVELS SPECIFIED IN
SECTION 24-48.5-805 (1)(b); AND
(II) SUBMITS ANNUAL COMPLIANCE REPORTS TO THE OFFICE AS
REQUIRED IN SECTION 24-48.5-809 (2).
24-48.5-809. Certified data center - qualification - compliance
reports. (1) THE OFFICE SHALL ISSUE A STATE SALES AND USE TAX EXEMPTION
CERTIFICATE TO A DATA CENTER OPERATOR THAT HAS OBTAINED CERTIFICATION
FOR A DATA CENTER AS EVIDENCE THAT THE DATA CENTER OPERATOR IS
ELIGIBLE FOR A ONE-HUNDRED-PERCENT SALES AND USE TAX EXEMPTION FOR
QUALIFIED PURCHASES PURSUANT TO SECTIONS 24-48.5-808 AND 39-26-735.
THE SALES AND USE TAX EXEMPTION CERTIFICATE MUST SPECIFY THAT THE
DATA CENTER OPERATOR IS ENTITLED TO THE SALES AND USE TAX EXEMPTION
FOR TWENTY YEARS, BEGINNING ON THE DATE THAT THE CERTIFICATE IS ISSUED.
A STATE SALES AND USE TAX EXEMPTION CERTIFICATE IS NONTRANSFERABLE.
THE OFFICE SHALL CERTIFY TO THE DEPARTMENT OF REVENUE THE NAME OF
EACH DATA CENTER OPERATOR THAT RECEIVES A STATE SALES AND USE TAX
EXEMPTION CERTIFICATE AND OTHER RELEVANT INFORMATION RELATING TO
THE SALES AND USE TAX EXEMPTION.
(2) A DATA CENTER OPERATOR OF A DATA CENTER THAT HAS OBTAINED
CERTIFICATION SHALL SUBMIT AN ANNUAL COMPLIANCE REPORT TO THE OFFICE,
IN A FORM AND MANNER TO BE DETERMINED BY THE OFFICE, TO VERIFY THAT
THE DATA CENTER OPERATOR IS MAKING TIMELY PROGRESS IN SATISFYING THE
REQUIREMENTS OF SECTION 24-48.5-805 AND IS ON TRACK TO SATISFY THE
REQUIREMENTS WITHIN THE PERIODS SPECIFIED IN THAT SECTION. A DATA
CENTER OPERATOR SHALL SUBMIT THE REPORT REQUIRED IN THIS SUBSECTION
(2) TO MAINTAIN CERTIFICATION. THE DATA CENTER OPERATOR SHALL INCLUDE
IN THE REPORT THE TOTAL AMOUNT OF THE SALES AND USE TAX EXEMPTION
CLAIMED EACH YEAR AND ANY OTHER INFORMATION REQUESTED BY THE OFFICE.
(3) IF THE OFFICE REVOKES THE CERTIFICATION PURSUANT TO SECTION
24-48.5-807 (6), THE DATA CENTER OPERATOR IS REQUIRED TO PAY THE ENTIRE
AMOUNT OF THE SALES AND USE TAX ON ANY QUALIFIED PURCHASE FOR WHICH
THE SALES AND USE TAX EXEMPTION WAS CLAIMED PURSUANT TO THIS PART 8.
24.48.5-810. Targeted resource acquisition framework. (1) BEFORE
SUBMITTING AN APPLICATION FOR CERTIFICATION FOR A DATA CENTER, A DATA
CENTER OPERATOR SHALL:
(a) CONDUCT AND DOCUMENT A PRELIMINARY CONSULTATION WITH
THE ELECTRIC UTILITY THAT WILL PROVIDE ELECTRICITY FOR THE DATA CENTER
REGARDING INTERCONNECTION FEASIBILITY, CAPACITY, AND INFRASTRUCTURE
REQUIREMENTS; AND
(b) OBTAIN A WRITTEN FEASIBILITY ASSESSMENT FROM THE UTILITY
THAT WILL PROVIDE ELECTRICITY FOR THE DATA CENTER INCLUDING A TIMELINE
OF SERVICE.
(2) A DATA CENTER CUSTOMER OF THE UTILITY THAT WILL PROVIDE
ELECTRICITY MAY ENTER INTO A GENERATION CONTRACT WITH AN
INDEPENDENT POWER PRODUCER IF THE ELECTRIC UTILITY IS UNABLE TO
PROVIDE INITIAL ENERGIZATION WITHIN THIRTY-SIX MONTHS OF THE EXECUTION
OF A SERVICE AGREEMENT OR FAILS TO PROVIDE SEVENTY-FIVE PERCENT OF
SUCH POWER WITHIN THIRTY MONTHS OF THE EXECUTION OF A SERVICE
AGREEMENT.
(3) FOR A DATA CENTER LOCATED IN THE SERVICE TERRITORY OF A
MUNICIPALLY-OWNED UTILITY, A DATA CENTER OPERATOR SHALL COMPLY WITH
A SUBSTANTIALLY SIMILAR PROCESS TO THE PROCESS ESTABLISHED IN SECTION
40-2-140.
(4) A DATA CENTER OPERATOR SHALL INCLUDE THE DOCUMENTATION
OF THE CONSULTATION AND THE WRITTEN FEASIBILITY ASSESSMENT OBTAINED
PURSUANT TO SUBSECTION (1) OF THIS SECTION IN THE DATA CENTER
OPERATOR'S APPLICATION TO THE OFFICE.
(5) A DATA CENTER OPERATOR IS RESPONSIBLE FOR PAYING FOR ALL
COSTS THAT THE UTILITY WILL INCUR FOR THE PLANNING AND FEASIBILITY
ASSESSMENT TO PROVIDE ELECTRICITY TO THE NEW DATA CENTER.
24-48.5-811. Local government authority and coordination. THIS
PART 8 DOES NOT LIMIT LOCAL GOVERNMENT AUTHORITY REGARDING THE
REGULATION OF DATA CENTERS, INCLUDING TAXATION, INCENTIVES, LAND USE,
PERMITTING, AND NUISANCE, WHICH REGULATION MAY INCLUDE
CONSIDERATION OF ENVIRONMENTAL SUSTAINABILITY. IN ADDITION, THIS PART
8 DOES NOT RESTRICT ADDITIONAL LOCAL INCENTIVES INCLUDING UTILITY
INCENTIVES IN THE CASE OF A MUNICIPALLY-OWNED UTILITY. THIS PART 8 DOES
NOT REQUIRE LOCAL GOVERNMENTS TO PARTICIPATE IN THE PROGRAM.
24-48.5-812. Data center requirements after certification -
community benefit requirements - workforce development - economic
development integration. (1) A DATA CENTER THAT HAS OBTAINED
CERTIFICATION SHALL PARTICIPATE IN AT LEAST ONE STATE WORKFORCE
DEVELOPMENT PROGRAM, INCLUDING:
(a) PARTNERSHIPS WITH LOCAL EDUCATIONAL INSTITUTIONS
INCLUDING:
(I) TECHNICAL TRAINING PROGRAMS;
(II) APPRENTICESHIP INITIATIVES;
(III) CAREER PATHWAY DEVELOPMENT; AND
(IV) SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH (STEM)
EDUCATION SUPPORT; AND
(b) LOCAL WORKFORCE INITIATIVES INCLUDING:
(I) JOB TRAINING PROGRAMS;
(II) SKILLS DEVELOPMENT WORKSHOPS;
(III) PROFESSIONAL CERTIFICATION SUPPORT; AND
(IV) CAREER ADVANCEMENT OPPORTUNITIES.
(2) A DATA CENTER THAT HAS OBTAINED CERTIFICATION SHALL
PARTICIPATE IN ECONOMIC DEVELOPMENT INTEGRATION BY:
(a) PARTICIPATING IN REGIONAL ECONOMIC PLANNING;
(b) SUPPORTING SUPPLY CHAIN DEVELOPMENT;
(c) ENABLING TECHNOLOGY CLUSTER FORMATION; AND
(d) FOSTERING INNOVATION ECOSYSTEM GROWTH.
(3) A DATA CENTER THAT HAS OBTAINED CERTIFICATION SHALL:
(a) COMPLY WITH THE APPRENTICESHIP UTILIZATION REQUIREMENTS IN
SECTION 24-92-115 AND THE PREVAILING WAGE REQUIREMENTS IN PART 2 OF
ARTICLE 92 OF THIS TITLE 24 AS IF THE DATA CENTER SATISFIED THE CRITERIA
FOR A PUBLIC PROJECT AS DESCRIBED IN SECTIONS 24-92-115 (1) AND 24-92-203
(1); AND
(b) COMPLY WITH THE CRAFT LABOR REQUIREMENTS IN PART 3 OF
ARTICLE 92 OF THIS TITLE 24, IF THE DATA CENTER IS AN ENERGY SECTOR PUBLIC
WORKS PROJECT AS DEFINED IN SECTION 24-92-303 (5).
24-48.5-813. Preservation of existing data center certification.
(1) A DATA CENTER THAT IS CERTIFIED PRIOR TO JANUARY 1, 2035, IS REQUIRED
TO COMPLY WITH THE FOLLOWING REQUIREMENTS TO MAINTAIN ITS
CERTIFICATION:
(a) MAINTAIN ALL COMMITMENTS THROUGH ITS TWENTY-YEAR BENEFIT
PERIOD;
(b) RETAIN ELIGIBILITY FOR EXTENSIONS PURSUANT TO SECTION
24-48.5-814;
(c) CONTINUE COMPLIANCE OBLIGATIONS; AND
(d) SUBMIT THE PERFORMANCE REPORTS REQUIRED IN SECTION
24-48.5-809 (2).
24-48.5-814. Benefit extension and modification - duration -
extension eligibility - extension terms. (1) A DATA CENTER OPERATOR THAT
HAS OBTAINED CERTIFICATION FOR A DATA CENTER MAY APPLY TO THE OFFICE
FOR AN EXTENSION OF THE CERTIFICATION BENEFITS. TO BE ELIGIBLE FOR A
BENEFIT EXTENSION, A DATA CENTER OPERATOR MUST DEMONSTRATE THAT:
(a) THE CERTIFIED DATA CENTER HAS MADE ADDITIONAL GRID
ENHANCEMENT INVESTMENTS IN A TOTAL AMOUNT OF AT LEAST FIVE MILLION
DOLLARS DURING THE INITIAL TWENTY-YEAR BENEFIT PERIOD;
(b) THE CERTIFIED DATA CENTER HAS CREATED AT LEAST TEN NEW
QUALIFYING JOBS IN ADDITION TO THE JOBS THAT THE DATA CENTER OPERATOR
IS REQUIRED TO CREATE PURSUANT TO SECTION 24-48.5-805;
(c) THE CERTIFIED DATA CENTER CONTINUES TO COMPLY WITH
ENVIRONMENTAL REQUIREMENTS; AND
(d) THE CERTIFIED DATA CENTER HAS SATISFIED ITS COMMUNITY
BENEFIT COMMITMENTS PURSUANT TO SECTION 24-48.5-812.
(2) A CERTIFIED DATA CENTER THAT IS APPROVED FOR A BENEFIT
EXTENSION PURSUANT TO THIS SECTION IS ELIGIBLE FOR:
(a) AN ADDITIONAL TEN YEARS OF ELIGIBILITY TO CLAIM THE SALES
AND USE TAX EXEMPTION ALLOWED PURSUANT TO THIS PART 8; AND
(b) THE ABILITY OF THE CERTIFIED DATA CENTER TO MAINTAIN THE
REQUIREMENTS OF ITS CERTIFICATION.
24-48.5-815. Program cost recovery. (1) (a) TO RECOVER THE DIRECT
COSTS OF ESTABLISHING AND IMPLEMENTING THE PROGRAM, THE OFFICE MAY:
(I) ESTABLISH AND COLLECT A NONREFUNDABLE APPLICATION FEE NOT
TO EXCEED TEN THOUSAND DOLLARS FOR EACH APPLICATION FOR
CERTIFICATION SUBMITTED PURSUANT TO THIS PART 8; AND
(II) ESTABLISH AND COLLECT A NONREFUNDABLE CERTIFICATION FEE
NOT TO EXCEED TWENTY THOUSAND DOLLARS FOR EACH CERTIFICATION
AWARDED PURSUANT TO THIS PART 8.
(b) THE OFFICE SHALL DEPOSIT ALL FEES COLLECTED PURSUANT TO
SUBSECTION (1)(a) OF THIS SECTION INTO THE COLORADO ECONOMIC
DEVELOPMENT FUND CREATED IN SECTION 24-46-105.
(2) THE OFFICE SHALL:
(a) SET THE AMOUNT OF ANY FEES ESTABLISHED PURSUANT TO
SUBSECTION (1) OF THIS SECTION AT THE MINIMUM AMOUNT NECESSARY TO
OFFSET THE OFFICE'S DIRECT COSTS OF IMPLEMENTING ITS RESPONSIBILITIES
UNDER THIS PART 8; AND
(b) REVIEW THE FEES ANNUALLY AND ADJUST THE AMOUNTS AS
NECESSARY TO ENSURE THAT THE FEES DO NOT EXCEED THE DIRECT COSTS OF
IMPLEMENTATION.
SECTION 2. In Colorado Revised Statutes, add 40-2-140 and 40-2-141
as follows:
40-2-140. Targeted resource acquisition - emerging large load
customers - process - funding. (1) Eligibility for targeted resource
acquisition. A UTILITY REGULATED UNDER THE COMMISSION'S RESOURCE
PLANNING AUTHORITY MAY SUBMIT TO THE COMMISSION A TARGETED
RESOURCE ACQUISITION APPLICATION DESCRIBING HOW THE UTILITY INTENDS
TO MEET ENERGY AND CAPACITY NEEDS CREATED BY ONE OR MORE EMERGING
LARGE LOAD CUSTOMERS. EMERGING LARGE LOAD CUSTOMERS MUST:
(a) HAVE PROJECTED LOAD REQUIREMENTS OF AT LEAST ONE HUNDRED
MEGAWATTS, EITHER INDIVIDUALLY OR IN THE AGGREGATE, THROUGH
CO-LOCATED CUSTOMERS;
(b) ENTER INTO A CONTRACTUAL AGREEMENT WITH THE UTILITY,
WHICH AGREEMENT INCLUDES:
(I) MINIMUM DEMAND, DURATION, AND BILLING COMMITMENTS; OR
(II) PARTICIPATION IN ANY APPLICABLE LARGE LOAD TARIFF INTENDED
TO BALANCE LOAD FACTOR;
(c) AGREE TO EXIT FEE PROVISIONS THAT ADDRESS EARLY DEPARTURE
OR REDUCED DEMAND, INCLUDING BUT NOT LIMITED TO A THREE-YEAR EXIT FEE
STRUCTURE TO ENSURE REVENUE STABILITY;
(d) PROVIDE APPROPRIATE CREDIT SECURITIZATION; AND
(e) DEMONSTRATE SITE CONTROL AND SUBMIT SIGNED DEVELOPMENT
AGREEMENTS TO THE UTILITY.
(2) Resource acquisition process. (a) PRIOR TO FILING A TARGETED
RESOURCE ACQUISITION APPLICATION UNDER THIS SECTION, A UTILITY MAY
ISSUE A COMPETITIVE SOLICITATION TO IDENTIFY POTENTIAL RESOURCES TO
SERVE THE EMERGING LOAD.
(b) AS PART OF THE TARGETED RESOURCE ACQUISITION APPLICATION,
THE UTILITY MAY PROPOSE SYSTEM ASSETS FUNDED IN WHOLE OR IN PART BY
THE EMERGING LARGE-LOAD CUSTOMER. ALL SUCH ASSETS MUST:
(I) OPERATE AS SYSTEM ASSETS FOR THE BENEFIT OF ALL CUSTOMERS;
(II) PROVIDE NET ADDITIONAL CLEAN OR RENEWABLE ENERGY
RESOURCES AS DESCRIBED IN PART 8 OF ARTICLE 48.5 OF TITLE 24, BEYOND
WHAT IS ALREADY REQUIRED UNDER THE RENEWABLE
ENERGY STANDARD ESTABLISHED IN SECTION 40-2-124; AND
(III) MAINTAIN ALIGNMENT WITH THE RESOURCE ELIGIBILITY AND
EMISSIONS REDUCTION OBJECTIVES OF THE RENEWABLE ENERGY STANDARD AND
OTHER APPLICABLE CLEAN ENERGY LAWS.
(c) ANY RESOURCES PROPOSED IN THE TARGETED RESOURCE
ACQUISITION APPLICATION MUST HAVE SUFFICIENT CUMULATIVE ACCREDITED
CAPACITY, AS DETERMINED BY THE UTILITY, TO MEET THE NEEDS OF THE
EMERGING LARGE LOAD WITHIN THE REQUIRED INTERCONNECTION TIME FRAME,
WHICH TIME FRAME MAY BE PHASED AS THE LOAD SCALES.
(d) THE UTILITY MUST:
(I) USE THE REQUEST FOR PROPOSAL DOCUMENTS MOST RECENTLY
APPROVED BY THE COMMISSION, WITH CUSTOMIZATION ALLOWED TO REFLECT
THE SPECIFIC SOLICITATION AND AVOID COST SHIFTS TO OTHER CUSTOMERS;
AND
(II) BE PERMITTED TO BRING FORWARD RECENT BIDS RECEIVED WITHIN
THE PAST TWO YEARS IF THE BID PRICES REMAIN GENERALLY CONSISTENT WITH
THE PREVIOUSLY SUBMITTED TERMS.
(e) THE UTILITY MUST INCLUDE AN UPDATED EMISSIONS WORKBOOK
THAT REFLECTS:
(I) TOTAL MEGAWATT-HOURS AND ASSOCIATED EMISSIONS
ATTRIBUTABLE TO THE EMERGING LOAD; AND
(II) SEPARATE REPORTING FOR EACH DISCRETE EMERGING LOAD IN THE
CASE OF CO-LOCATED ARRANGEMENTS, TO THE EXTENT PRACTICABLE.
(f) APPROVAL OF A TARGETED RESOURCE ACQUISITION APPLICATION
UNDER THIS SECTION CREATES A PRESUMPTION OF PRUDENCE FOR ALL
INFRASTRUCTURE OR RESOURCE INVESTMENTS NECESSARY TO SERVE THE
EMERGING LOAD.
(g) THE STANDARD OF REVI