Amendments for SB19-077

Senate Journal, February 28
After consideration on the merits, the Committee recommends that SB19-077 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. Legislative declaration. (1) The general
assembly finds and declares that:
(a) Widespread adoption of electric vehicles is necessary to
diversify the transportation fuel mix, improve national security, and
protect air quality;
(b) The number of electric vehicles registered in Colorado has
doubled over the last three years, and, with expanded infrastructure
investment, future growth is projected to accelerate;
(c) This growth will be assisted by investments in infrastructure
necessary to maximize the benefits of the expanding electric vehicle
market;
(d) Widespread adoption of electric vehicles requires that public
utilities increase access to electricity as transportation fuel, including for
low- and moderate-income and underserved communities;
(e) Widespread adoption of electric vehicles should provide
consumers with fuel cost savings and electric utility customers with
potential cost-saving benefits;
(f) Widespread adoption of electric vehicles should stimulate
innovation, competition, and increased choices in charging equipment
and networks and should also attract private capital investments and
create high-quality jobs in Colorado; and
(g) Widespread adoption of electric vehicles should improve an
electric public utility's electrical system efficiency and operational
flexibility, including the ability of the electric public utility to integrate
variable renewable energy generation resources and to make use of
off-peak generation resources.
SECTION 2. In Colorado Revised Statutes, 40-1-103.3, amend
(2) and (6) as follows:
40-1-103.3. Alternative fuel vehicles - definition. (2) For the
purposes of articles 1 to 7 of this title TITLE 40, persons generating
electricity for use in alternative fuel vehicle charging or fueling facilities
as authorized by subsection (4) of this section, persons reselling
electricity supplied by a public utility, or persons reselling compressed or
liquefied natural gas, liquefied petroleum gas, or any component parts or
by-products to governmental entities or to the public for use as fuel in
alternative fuel vehicles or buying electricity stored in such vehicles for
resale are not subject to regulation as a public utility. Electric and natural
gas public utilities may provide the services described in this subsection
(2) as unregulated OR REGULATED services. and NATURAL GAS PUBLIC
UTILITIES MAY PROVIDE these SERVICES AS unregulated services. may not
be subsidized by the regulated services of the electric or natural gas
public utility.
(6) The regulated expenditures and investments made by a public
utility to accommodate alternative fuel vehicle charging and fueling
facilities are equal in priority to all other infrastructure necessary to serve
any customer of the public utility in its service territory, but are
subordinate to the safety and reliability obligations of the utility A PUBLIC
UTILITY MAY RECOVER THE COSTS OF DISTRIBUTION SYSTEM
INVESTMENTS TO ACCOMMODATE ALTERNATIVE FUEL VEHICLE
CHARGING, SUBJECT TO EVALUATION AND COST RECOVERY PROVISIONS
THAT ARE COMPARABLE TO OTHER REGULATED INVESTMENTS IN THE
DISTRIBUTION GRID; EXCEPT THAT DISTRIBUTION SYSTEM INVESTMENTS
THAT ARE A COMPONENT OF A TRANSPORTATION ELECTRIFICATION PLAN
SUBMITTED IN ACCORDANCE WITH SECTION 40-5-107 ARE SUBJECT TO
SECTIONS 40-3-116 AND 40-5-107.
SECTION 3. In Colorado Revised Statutes, add 40-3-116 as
follows:
40-3-116. Electric vehicle programs - rates. (1) THE RATES
AND CHARGES SCHEDULE FOR SERVICES PROVIDED BY A PROGRAM
CREATED UNDER SECTION 40-5-107 MAY ALLOW:
(a) A RETURN ON ANY INVESTMENT MADE UNDER SECTION
40-5-107 BY AN ELECTRIC UTILITY AT THE ELECTRIC UTILITY'S MOST
RECENT RATE OF RETURN ON EQUITY APPROVED BY THE COMMISSION,
INCLUDING BY ALLOWING A UTILITY TO EARN A RATE OF RETURN ON
REBATES PROVIDED TO CUSTOMERS THROUGH A TRANSPORTATION
ELECTRIFICATION PROGRAM;
(b) RATE RECOVERY MECHANISMS THAT ALLOW EARLIER, AS
DETERMINED BY THE COMMISSION, RECOVERY OF COSTS, INCLUDING THE
USE OF RATE ADJUSTMENT CLAUSES; AND
(c) PERFORMANCE-BASED INCENTIVE RETURNS OR SIMILAR
INVESTMENT INCENTIVES.
SECTION 4. In Colorado Revised Statutes, add 40-5-107 as
follows:
40-5-107. Electric vehicle programs - repeal. (1) (a) NO LATER
THAN MAY 15, 2020, AND ON OR BEFORE MAY 15 EVERY THREE YEARS
THEREAFTER, AN ELECTRIC UTILITY SHALL FILE WITH THE COMMISSION AN
APPLICATION FOR A PROGRAM FOR REGULATED ACTIVITIES TO SUPPORT
WIDESPREAD TRANSPORTATION ELECTRIFICATION WITHIN THE AREA
COVERED BY THE UTILITY'S CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY.
(b) TO COMPLY WITH THIS SUBSECTION (1), AN APPLICATION MUST
SEEK TO MINIMIZE OVERALL COSTS AND MAXIMIZE OVERALL BENEFITS
AND MAY INCLUDE:
(I) INVESTMENTS OR INCENTIVES TO FACILITATE THE DEPLOYMENT
OF CUSTOMER-OWNED OR UTILITY-OWNED CHARGING INFRASTRUCTURE,
INCLUDING CHARGING FACILITIES, MAKE-READY INFRASTRUCTURE, AND
ASSOCIATED ELECTRICAL EQUIPMENT THAT SUPPORT TRANSPORTATION
ELECTRIFICATION;
(II) INVESTMENTS OR INCENTIVES TO FACILITATE THE
ELECTRIFICATION OF PUBLIC TRANSIT AND OTHER VEHICLE FLEETS;
(III) RATE DESIGNS, OR PROGRAMS THAT ENCOURAGE VEHICLE
CHARGING THAT SUPPORTS THE OPERATION OF THE ELECTRIC GRID; AND
(IV) CUSTOMER EDUCATION, OUTREACH, AND INCENTIVE
PROGRAMS THAT INCREASE AWARENESS OF THE PROGRAMS AND OF THE
BENEFITS OF TRANSPORTATION ELECTRIFICATION AND ENCOURAGE
GREATER ADOPTION OF ELECTRIC VEHICLES.
(2) WHEN CONSIDERING TRANSPORTATION ELECTRIFICATION
PROGRAMS AND DETERMINING COST RECOVERY FOR INVESTMENTS AND
OTHER EXPENDITURES RELATED TO PROGRAMS PROPOSED BY AN ELECTRIC
UTILITY UNDER SUBSECTION (1) OF THIS SECTION, THE COMMISSION MAY
CONSIDER WHETHER THE INVESTMENTS AND OTHER EXPENDITURES ARE:
(a) REASONABLY EXPECTED TO IMPROVE THE USE OF THE
ELECTRIC GRID, INCLUDING IMPROVED INTEGRATION OF RENEWABLE
ENERGY;
(b) REASONABLY EXPECTED TO INCREASE ACCESS TO THE USE OF
ELECTRICITY AS A TRANSPORTATION FUEL;
(c) DESIGNED TO ENSURE SYSTEM SAFETY AND RELIABILITY;
(d) (I) REASONABLY EXPECTED TO CONTRIBUTE TO MEETING AIR
QUALITY STANDARDS AND REDUCING STATEWIDE EMISSIONS OF
GREENHOUSE GASES BY FORTY PERCENT BELOW 2005 LEVELS BY 2030
AND EIGHTY PERCENT BELOW 2005 LEVELS BY 2050.
(II) THIS SUBSECTION (2)(d) IS REPEALED, EFFECTIVE JULY 1,
2031.
(e) REASONABLY EXPECTED TO STIMULATE INNOVATION,
COMPETITION, AND INCREASED CONSUMER CHOICES IN ELECTRIC VEHICLE
CHARGING AND RELATED INFRASTRUCTURE AND SERVICES; ATTRACT
PRIVATE CAPITAL INVESTMENTS; AND UTILIZE HIGH-QUALITY JOBS AND
SKILLED WORKER TRAINING PROGRAMS AS DEFINED IN SECTION 8-83-303;
(f) TRANSPARENT, INCORPORATING PUBLIC REPORTING
REQUIREMENTS TO INFORM DESIGN AND COMMISSION POLICY; AND
(g) REASONABLY EXPECTED TO PROVIDE ACCESS FOR
LOW-INCOME CUSTOMERS, IN THE TOTALITY OF THE UTILITY'S
TRANSPORTATION ELECTRIFICATION PROGRAMS, WHILE GIVING DUE
CONSIDERATION TO THE IMPACT ON LOW-INCOME CUSTOMERS.
(3) (a) ELECTRIC VEHICLE INFRASTRUCTURE ELECTRICAL WORK
ON THE CUSTOMER SIDE OF THE UTILITY METER, INCLUDING THE
INSTALLATION OF THE CHARGING STATION APPARATUS AND RELATED
HARDWARE, MUST:
(I) BE PERFORMED BY A LICENSED MASTER ELECTRICIAN,
LICENSED JOURNEYMAN ELECTRICIAN, LICENSED RESIDENTIAL WIREMAN,
OR PROPERLY SUPERVISED ELECTRICAL APPRENTICE AS EACH TERM IS
DEFINED IN SECTION 12-23-101; AND
(II) COMPLY WITH ARTICLE 23 OF TITLE 12, INCLUDING SECTIONS
12-23-105 AND 12-23-110.5, AND ALL APPLICABLE RULES OF THE STATE
ELECTRICAL BOARD.
(b) FOR ALL ELECTRIC VEHICLE INFRASTRUCTURE OR CHARGING
STATIONS OWNED BY THE UTILITY, THE UTILITY SHALL USE UTILITY
EMPLOYEES OR QUALIFIED CONTRACTORS IF THE CONTRACTORS'
EMPLOYEES HAVE ACCESS TO AN APPRENTICESHIP PROGRAM AS DEFINED
IN SECTION 8-83-303 (2). THIS APPRENTICESHIP REQUIREMENT DOES NOT
APPLY TO:
(I) THE DESIGN, PLANNING, OR ENGINEERING OF THE
INFRASTRUCTURE;
(II) MANAGEMENT FUNCTIONS TO OPERATE THE
INFRASTRUCTURE; OR
(III) ANY WORK INCLUDED IN A WARRANTY.
SECTION 5. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.".


House Journal, April 10
50 SB19-077 be amended as follows, and as so amended, be referred to
51 the Committee of the Whole with favorable
52 recommendation:
53
54 Amend reengrossed bill, page 4, lines 5 and 6, strike "A PUBLIC UTILITY"
55 and substitute "AN ELECTRIC PUBLIC UTILITY".
1 Page 4, line 13, after the period add "THE COMMISSION SHALL CONSIDER
2 REVENUES FROM ELECTRIC VEHICLES IN THE UTILITY'S SERVICE TERRITORY
3 IN EVALUATING THE RETAIL RATE IMPACT. THE RETAIL RATE IMPACT FROM
4 THE DEVELOPMENT OF ELECTRIC VEHICLE INFRASTRUCTURE MUST NOT
5 EXCEED ONE-HALF OF ONE PERCENT OF THE TOTAL ANNUAL REVENUE
6 REQUIREMENTS OF THE UTILITY.".
7
8 Page 4, lines 20 and 21 strike "ELECTRIC UTILITY'S MOST RECENT RATE OF
9 RETURN ON EQUITY" and substitute "ELECTRIC PUBLIC UTILITY'S WEIGHTED
10 AVERAGE COST OF CAPITAL, INCLUDING THE MOST RECENT RATE OF
11 RETURN ON EQUITY,".
12
13 Page 5, after line 2 insert:
14 "(2) BY MAY 15, 2020, AN ELECTRIC UTILITY MUST SUBMIT TO THE
15 COMMISSION A PROPOSAL FOR A SPECIFIC RATE CLASS FOR COMMERCIAL
16 AND INDUSTRIAL FACILITIES USED TO CHARGE ELECTRIC VEHICLES.".
17
18 Strike "ELECTRIC UTILITY" and substitute "ELECTRIC PUBLIC UTILITY" on:
19 Page 4, line 20; Page 5, line 7; Page 6, lines 3 and 4.

House Journal, April 17
51 Amendment No. 1, Transportation & Local Government Report, dated
52 April 9, 2019, and placed in member's bill file; Report also printed in
53 House Journal, April 10, 2019.
54
1 Amendment No. 2, by Representative(s) Valdez A.
2
3 Amend the Transportation and Local Government Committee Report,
4 dated April 9, 2019, page 1, strike lines 14 through 16 and substitute:
5
6 ""(2) BY MAY 15, 2020, AN ELECTRIC PUBLIC UTILITY SHALL
7 SUBMIT TO THE COMMISSION A PROPOSAL FOR A SPECIFIC RATE OR RATES
8 FOR ELECTRICITY SUPPLIED TO COMMERCIAL AND INDUSTRIAL FACILITIES
9 USED TO CHARGE ELECTRIC VEHICLES THAT ENCOURAGE VEHICLE
10 CHARGING AND THAT SUPPORT THE OPERATION OF THE ELECTRIC GRID.".".
11
12 As amended, ordered revised and placed on the Calendar for Third
13 Reading and Final Passage.
14
15