Amendments for SB22-118

Senate Journal, March 3
After consideration on the merits, the Committee recommends that SB22-118 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.

Amend printed bill, page 3, lines 2 and 3, strike "amend (1)(u); and add" and
substitute "add (1)(v) and".

Page 3, strike lines 6 through 13 and substitute:

"(v) 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.".

Page 3, line 14, strike "SHALL" and substitute "MAY".

Page 4, strike lines 12 through 14 and substitute:

"(II) "GEOTHERMAL ENERGY SYSTEM" MEANS A SYSTEM THAT USES
GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING IN
A SINGLE BUILDING, FOR SPACE HEATING FOR MORE THAN ONE BUILDING
THROUGH A PIPELINE NETWORK, OR FOR ELECTRICITY GENERATION.".

Page 4, line 26, strike "OR GEOTHERMAL EQUIPMENT, WHICH".

Page 4, strike line 27.

Page 5, strike lines 1 and 2 and substitute "OR EQUIPMENT USED AS PART OF A
SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE
HEATING OR COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE
THAN ONE BUILDING THROUGH A PIPELINE NETWORK, OR FOR ELECTRICITY
GENERATION.".

Page 5, strike lines 15 through 18 and substitute "solar or other alternative
electrical energy-producing improvements to serve that structure or other
structures on contiguous property under common ownership OR INSTALLATION
OF A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER HEATING OR SPACE
HEATING OR COOLING IN A SINGLE STRUCTURE.".

Page 6, line 7, strike "sources OR FOR GEOTHERMAL".

Page 6, strike lines 8 and 9 and substitute "sources, INCLUDING GEOTHERMAL
ENERGY USED FOR WATER HEATING OR SPACE HEATING OR COOLING IN A SINGLE
BUILDING, FOR SPACE HEATING FOR MORE THAN ONE BUILDING THROUGH A
PIPELINE NETWORK, OR FOR ELECTRICITY GENERATION.".

Page 7, strike lines 9 through 11 and substitute "AND "GEOTHERMAL ENERGY
SYSTEM" MEANS A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER
HEATING OR SPACE HEATING OR COOLING IN A SINGLE BUILDING, FOR SPACE
HEATING FOR MORE THAN ONE BUILDING THROUGH A PIPELINE NETWORK, OR
FOR ELECTRICITY GENERATION.".

Page 7, strike lines 22 through 24 and substitute "addition of a solar energy
device OR A DEVICE USED AS PART OF A SYSTEM THAT USES GEOTHERMAL
ENERGY FOR WATER HEATING OR SPACE HEATING OR COOLING to such".

Page 9, strike lines 3 through 5 and substitute "AND "GEOTHERMAL ENERGY
SYSTEM" MEANS A SYSTEM THAT USES GEOTHERMAL ENERGY FOR WATER
HEATING OR SPACE HEATING OR COOLING IN A SINGLE BUILDING, FOR SPACE
HEATING FOR MORE THAN ONE BUILDING THROUGH A PIPELINE NETWORK, OR
FOR ELECTRICITY GENERATION.".

Page 10, strike lines 7 and 8 and substitute "alternate energy sources,
INCLUDING GEOTHERMAL ENERGY USED FOR WATER HEATING OR SPACE
HEATING OR COOLING IN A SINGLE BUILDING, FOR SPACE HEATING FOR MORE
THAN ONE BUILDING THROUGH A PIPELINE NETWORK, OR FOR ELECTRICITY
GENERATION; however,".

Page 10, strike lines 13 through 27.

Page 11, strike lines 1 through 25.
Renumber succeeding sections accordingly.

Page 12, strike lines 9 through 27.

Strike pages 13 through 21.

Page 22, strike lines 1 through 24 and substitute:

"SECTION 11. In Colorado Revised Statutes, add 40-2-127.5 as
follows:
40-2-127.5. Community energy funds - community geothermal
gardens - rules - legislative declaration - definitions - repeal. (1) Legislative
declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT:
(a) LOCAL COMMUNITIES CAN BENEFIT FROM THE FURTHER
DEVELOPMENT OF RENEWABLE ENERGY, ENERGY EFFICIENCY, CONSERVATION,
AND ENVIRONMENTAL IMPROVEMENT PROJECTS, AND THE GENERAL ASSEMBLY
HEREBY ENCOURAGES ELECTRIC UTILITIES TO ESTABLISH COMMUNITY ENERGY
FUNDS FOR THE DEVELOPMENT OF SUCH PROJECTS;
(b) IT IS IN THE PUBLIC INTEREST THAT BROADER PARTICIPATION IN
GEOTHERMAL ELECTRIC GENERATION BY COLORADO RESIDENTS AND
COMMERCIAL ENTITIES BE ENCOURAGED BY THE DEVELOPMENT AND
DEPLOYMENT OF DISTRIBUTED GEOTHERMAL ELECTRIC GENERATING FACILITIES
KNOWN AS COMMUNITY GEOTHERMAL GARDENS, IN ORDER TO:
(I) PROVIDE COLORADO RESIDENTS AND COMMERCIAL ENTITIES WITH
THE OPPORTUNITY TO PARTICIPATE IN GEOTHERMAL ELECTRICITY GENERATION;
(II) ALLOW RENTERS, LOW-INCOME UTILITY CUSTOMERS, AND
AGRICULTURAL PRODUCERS TO OWN INTERESTS IN SUCH GEOTHERMAL
GENERATION FACILITIES;
(III) ALLOW INTERESTS IN SUCH GEOTHERMAL GENERATION FACILITIES
TO BE PORTABLE AND TRANSFERRABLE; AND
(IV) LEVERAGE COLORADO'S GEOTHERMAL ELECTRICITY GENERATING
CAPACITY THROUGH ECONOMIES OF SCALE.
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES, THE DEFINITIONS IN SECTION 40-2-124 APPLY, AND:
(a) (I) "COMMUNITY GEOTHERMAL GARDEN" MEANS A GEOTHERMAL
FACILITY THAT PRODUCES ELECTRICITY FROM THE EARTH'S HEAT WITH A
NAMEPLATE RATING WITHIN THE RANGE SPECIFIED UNDER SUBSECTION
(2)(b)(IV) OF THIS SECTION THAT IS LOCATED IN OR NEAR A COMMUNITY SERVED
BY A QUALIFYING RETAIL UTILITY WHERE THE BENEFICIAL USE OF THE
ELECTRICITY GENERATED BY THE FACILITY BELONGS TO THE SUBSCRIBERS TO
THE COMMUNITY GEOTHERMAL GARDEN. THERE MUST BE AT LEAST TEN
SUBSCRIBERS. THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MAY BE
THE QUALIFYING RETAIL UTILITY OR ANY OTHER FOR-PROFIT OR NONPROFIT
ENTITY OR ORGANIZATION, INCLUDING A SUBSCRIBER ORGANIZATION
ORGANIZED UNDER THIS SECTION, THAT CONTRACTS TO SELL THE OUTPUT FROM
THE COMMUNITY GEOTHERMAL GARDEN TO THE QUALIFYING RETAIL UTILITY.
A COMMUNITY GEOTHERMAL GARDEN IS DEEMED TO BE "LOCATED ON THE SITE
OF CUSTOMER FACILITIES".
(II) A COMMUNITY GEOTHERMAL GARDEN CONSTITUTES "RETAIL
DISTRIBUTED GENERATION" WITHIN THE MEANING OF SECTION 40-2-124.
(III) NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR SECTION
40-2-124 TO THE CONTRARY, A COMMUNITY GEOTHERMAL GARDEN
CONSTITUTES RETAIL DISTRIBUTED GENERATION FOR PURPOSES OF A
COOPERATIVE ELECTRIC ASSOCIATION'S COMPLIANCE WITH THE APPLICABLE
RENEWABLE ENERGY STANDARD UNDER SECTION 40-2-124.
(IV) A COMMUNITY GEOTHERMAL GARDEN MUST HAVE A NAMEPLATE
RATING OF FIVE MEGAWATTS OR LESS; EXCEPT THAT THE COMMISSION MAY, IN
RULES ADOPTED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, APPROVE
THE FORMATION OF A COMMUNITY GEOTHERMAL GARDEN WITH A NAMEPLATE
RATING OF UP TO TEN MEGAWATTS ON OR AFTER JULY 1, 2023.
(b) "SUBSCRIBER" MEANS A RETAIL CUSTOMER OF A QUALIFYING RETAIL
UTILITY WHO OWNS A SUBSCRIPTION AND WHO HAS IDENTIFIED ONE OR MORE
PHYSICAL LOCATIONS TO WHICH THE SUBSCRIPTION IS ATTRIBUTED. SUCH
PHYSICAL LOCATIONS MUST BE WITHIN THE SERVICE TERRITORY OF THE SAME
QUALIFYING RETAIL UTILITY AS THE COMMUNITY GEOTHERMAL GARDEN. THE
SUBSCRIBER MAY CHANGE FROM TIME TO TIME THE PREMISES TO WHICH THE
COMMUNITY GEOTHERMAL GARDEN ELECTRICITY GENERATION IS ATTRIBUTED,
SO LONG AS THE PREMISES ARE WITHIN THE SAME SERVICE TERRITORY.
(c) "SUBSCRIPTION" MEANS A PROPORTIONAL INTEREST IN GEOTHERMAL
ELECTRIC GENERATION FACILITIES INSTALLED AT A COMMUNITY GEOTHERMAL
GARDEN, TOGETHER WITH THE RENEWABLE ENERGY CREDITS ASSOCIATED WITH
OR ATTRIBUTABLE TO SUCH FACILITIES UNDER SECTION 40-2-124. EACH
SUBSCRIPTION MUST BE SIZED TO REPRESENT AT LEAST ONE KILOWATT OF THE
COMMUNITY GEOTHERMAL GARDEN'S GENERATING CAPACITY AND TO SUPPLY
NO MORE THAN ONE HUNDRED TWENTY PERCENT OF THE AVERAGE ANNUAL
CONSUMPTION OF ELECTRICITY BY EACH SUBSCRIBER AT THE PREMISES TO
WHICH THE SUBSCRIPTION IS ATTRIBUTED, WITH A DEDUCTION FOR THE AMOUNT
OF ANY EXISTING GEOTHERMAL FACILITIES AT SUCH PREMISES. SUBSCRIPTIONS
IN A COMMUNITY GEOTHERMAL GARDEN MAY BE TRANSFERRED OR ASSIGNED
TO A SUBSCRIBER ORGANIZATION OR TO ANY PERSON OR ENTITY WHO QUALIFIES
TO BE A SUBSCRIBER UNDER THIS SECTION.
(3) Subscriber organization - subscriber qualifications -
transferability of subscriptions. (a) THE COMMUNITY GEOTHERMAL GARDEN
MAY BE OWNED BY A SUBSCRIBER ORGANIZATION, WHOSE SOLE PURPOSE IS
BENEFICIALLY OWNING AND OPERATING A COMMUNITY GEOTHERMAL GARDEN.
THE SUBSCRIBER ORGANIZATION MAY BE ANY FOR-PROFIT OR NONPROFIT
ENTITY PERMITTED BY COLORADO LAW. THE COMMUNITY GEOTHERMAL
GARDEN MAY ALSO BE BUILT, OWNED, AND OPERATED BY A THIRD PARTY UNDER
CONTRACT WITH THE SUBSCRIBER ORGANIZATION.
(b) THE COMMISSION SHALL ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION, INCLUDING RULES TO FACILITATE THE FINANCING OF
SUBSCRIBER-OWNED COMMUNITY GEOTHERMAL GARDENS. THE RULES MUST
INCLUDE:
(I) MINIMUM CAPITALIZATION;
(II) THE SHARE OF A COMMUNITY GEOTHERMAL GARDEN'S GEOTHERMAL
ELECTRIC GENERATION FACILITIES THAT A SUBSCRIBER ORGANIZATION MAY AT
ANY TIME OWN IN ITS OWN NAME; AND
(III) AUTHORIZING SUBSCRIBER ORGANIZATIONS TO ENTER INTO LEASES,
SALE-AND-LEASEBACK TRANSACTIONS, OPERATING AGREEMENTS, AND OTHER
OWNERSHIP ARRANGEMENTS WITH THIRD PARTIES.
(c) IF A SUBSCRIBER CEASES TO BE A CUSTOMER AT THE PREMISES ON
WHICH THE SUBSCRIPTION IS BASED BUT, WITHIN A REASONABLE PERIOD AS
DETERMINED BY THE COMMISSION, BECOMES A CUSTOMER AT ANOTHER
PREMISES IN THE SERVICE TERRITORY OF THE QUALIFYING RETAIL UTILITY AND
WITHIN THE GEOGRAPHIC AREA SERVED BY THE COMMUNITY GEOTHERMAL
GARDEN, THE SUBSCRIPTION CONTINUES IN EFFECT BUT THE BILL CREDIT AND
OTHER FEATURES OF THE SUBSCRIPTION ARE ADJUSTED AS NECESSARY TO
REFLECT ANY DIFFERENCES BETWEEN THE NEW AND PREVIOUS PREMISES'
CUSTOMER CLASSIFICATION AND AVERAGE ANNUAL CONSUMPTION OF
ELECTRICITY.
(4) Standards for construction and operation. THE FOLLOWING
REQUIREMENTS APPLY TO ANY COMMUNITY GEOTHERMAL GARDEN EXCEEDING
TWO MEGAWATTS:
(a) THE INITIAL INSTALLATION OF ANY ELECTRICAL EQUIPMENT
ASSOCIATED WITH THE COMMUNITY GEOTHERMAL GARDEN IS SUBJECT TO FINAL
INSPECTION AND APPROVAL IN ACCORDANCE WITH SECTION 12-115-120.
(b) FOLLOWING THE DEVELOPMENT OR ACQUISITION BY A QUALIFYING
RETAIL UTILITY OF A COMMUNITY GEOTHERMAL GARDEN IN WHICH THE
QUALIFYING RETAIL UTILITY RETAINS OWNERSHIP, THE QUALIFYING RETAIL
UTILITY SHALL EITHER USE ITS OWN EMPLOYEES TO OPERATE AND MAINTAIN
THE COMMUNITY GEOTHERMAL GARDEN OR CONTRACT FOR OPERATION AND
MAINTENANCE OF THE COMMUNITY GEOTHERMAL GARDEN BY A CONTRACTOR
WHOSE EMPLOYEES HAVE ACCESS TO AN APPRENTICESHIP PROGRAM REGISTERED
WITH THE UNITED STATES DEPARTMENT OF LABOR'S OFFICE OF APPRENTICESHIP
OR WITH A STATE APPRENTICESHIP COUNCIL RECOGNIZED BY THAT OFFICE;
EXCEPT THAT 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.
(5) Community geothermal gardens not subject to regulation.
NEITHER THE OWNERS OF NOR THE SUBSCRIBERS TO A COMMUNITY
GEOTHERMAL GARDEN ARE CONSIDERED PUBLIC UTILITIES SUBJECT TO
REGULATION BY THE COMMISSION SOLELY AS A RESULT OF THEIR INTEREST IN
THE COMMUNITY GEOTHERMAL GARDEN. PRICES PAID FOR SUBSCRIPTIONS IN
COMMUNITY GEOTHERMAL GARDENS SHALL NOT BE SUBJECT TO REGULATION
BY THE COMMISSION.
(6) Purchases of the output from community geothermal gardens.
(a) (I) EACH QUALIFYING RETAIL UTILITY SHALL SET FORTH IN ITS PLAN FOR
ACQUISITION OF RENEWABLE RESOURCES A PLAN TO PURCHASE THE
ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED FROM ONE OR
MORE COMMUNITY GEOTHERMAL GARDENS OVER THE PERIOD COVERED BY THE
PLAN.
(IV) FOR EACH QUALIFYING RETAIL UTILITY'S COMPLIANCE YEARS
COMMENCING IN 2023 AND THEREAFTER, THE COMMISSION SHALL DETERMINE
THE MINIMUM AND MAXIMUM PURCHASES OF ELECTRICAL OUTPUT FROM NEWLY
INSTALLED COMMUNITY GEOTHERMAL GARDENS OF DIFFERENT OUTPUT
CAPACITY THAT THE QUALIFYING RETAIL UTILITY SHALL PLAN TO ACQUIRE. IN
ADDITION, AS NECESSARY, THE COMMISSION SHALL FORMULATE AND
IMPLEMENT POLICIES CONSISTENT WITH THIS SECTION THAT SIMULTANEOUSLY
ENCOURAGE:
(A) THE OWNERSHIP BY CUSTOMERS OF SUBSCRIPTIONS IN COMMUNITY
GEOTHERMAL GARDENS AND OF OTHER FORMS OF DISTRIBUTED GENERATION,
TO THE EXTENT THE COMMISSION FINDS THERE TO BE CUSTOMER DEMAND FOR
SUCH OWNERSHIP;
(B) OWNERSHIP IN COMMUNITY GEOTHERMAL GARDENS BY
RESIDENTIAL RETAIL CUSTOMERS AND AGRICULTURAL PRODUCERS, INCLUDING
LOW-INCOME CUSTOMERS, TO THE EXTENT THE COMMISSION FINDS THERE TO BE
DEMAND FOR SUCH OWNERSHIP;
(C) THE DEVELOPMENT OF COMMUNITY GEOTHERMAL GARDENS WITH
ATTRIBUTES THAT THE COMMISSION FINDS RESULT IN LOWER OVERALL TOTAL
COSTS FOR THE QUALIFYING RETAIL UTILITY'S CUSTOMERS;
(D) SUCCESSFUL FINANCING AND OPERATION OF COMMUNITY
GEOTHERMAL GARDENS OWNED BY SUBSCRIBER ORGANIZATIONS; AND
(E) THE ACHIEVEMENT OF THE GOALS AND OBJECTIVES OF SECTION
40-2-124.
(b) (I) (A) THE OUTPUT FROM A COMMUNITY GEOTHERMAL GARDEN
MUST BE SOLD ONLY TO THE QUALIFYING RETAIL UTILITY SERVING THE
GEOGRAPHIC AREA WHERE THE COMMUNITY GEOTHERMAL GARDEN IS LOCATED.
(B) ONCE A COMMUNITY GEOTHERMAL GARDEN IS PART OF A
QUALIFYING RETAIL UTILITY'S PLAN FOR ACQUISITION OF RENEWABLE
RESOURCES, AS APPROVED BY THE COMMISSION, THE COMMISSION SHALL
INITIATE A PROCEEDING, OR CONSIDER IN AN ACTIVE PROCEEDING, TO
DETERMINE WHETHER THE QUALIFYING RETAIL UTILITY MUST PURCHASE ALL OF
THE ELECTRICITY AND RENEWABLE ENERGY CREDITS GENERATED BY THE
COMMUNITY GEOTHERMAL GARDEN OR WHETHER A SUBSCRIBER MAY, UPON
BECOMING A SUBSCRIBER, CHOOSE TO RETAIN OR SELL TO THE QUALIFYING
RETAIL UTILITY THE SUBSCRIBER'S RENEWABLE ENERGY CREDITS.
(C) THE AMOUNT OF ELECTRICITY AND RENEWABLE ENERGY CREDITS
GENERATED BY EACH COMMUNITY GEOTHERMAL GARDEN IS DETERMINED BY A
PRODUCTION METER INSTALLED BY THE QUALIFYING RETAIL UTILITY OR
THIRD-PARTY SYSTEM OWNER AND PAID FOR BY THE OWNER OF THE COMMUNITY
GEOTHERMAL GARDEN.
(II) THE PURCHASE OF THE OUTPUT OF A COMMUNITY GEOTHERMAL
GARDEN BY A QUALIFYING RETAIL UTILITY TAKES THE FORM OF A NET METERING
CREDIT AGAINST THE QUALIFYING RETAIL UTILITY'S ELECTRIC BILL TO EACH
COMMUNITY GEOTHERMAL GARDEN SUBSCRIBER AT THE PREMISES SET FORTH
IN THE SUBSCRIBER'S SUBSCRIPTION. THE NET METERING CREDIT IS CALCULATED
BY MULTIPLYING THE SUBSCRIBER'S SHARE OF THE ELECTRICITY PRODUCTION
FROM THE COMMUNITY GEOTHERMAL GARDEN BY THE QUALIFYING RETAIL
UTILITY'S TOTAL AGGREGATE RETAIL RATE AS CHARGED TO THE SUBSCRIBER,
MINUS A REASONABLE CHARGE AS DETERMINED BY THE COMMISSION TO COVER
THE UTILITY'S COSTS OF DELIVERING TO THE SUBSCRIBER'S PREMISES THE
ELECTRICITY GENERATED BY THE COMMUNITY GEOTHERMAL GARDEN,
INTEGRATING THE GEOTHERMAL GENERATION WITH THE UTILITY'S SYSTEM, AND
ADMINISTERING THE COMMUNITY GEOTHERMAL GARDEN'S CONTRACTS AND NET
METERING CREDITS. THE COMMISSION SHALL ENSURE THAT THIS CHARGE DOES
NOT REFLECT COSTS THAT ARE ALREADY RECOVERED BY THE UTILITY FROM THE
SUBSCRIBER THROUGH OTHER CHARGES. IF, AND TO THE EXTENT THAT, A
SUBSCRIBER'S NET METERING CREDIT EXCEEDS THE SUBSCRIBER'S ELECTRIC BILL
IN ANY BILLING PERIOD, THE NET METERING CREDIT IS CARRIED FORWARD AND
APPLIED AGAINST FUTURE BILLS. THE QUALIFYING RETAIL UTILITY AND THE
OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST AGREE ON WHETHER
THE PURCHASE OF THE RENEWABLE ENERGY CREDITS FROM SUBSCRIBERS WILL
BE ACCOMPLISHED THROUGH A CREDIT ON EACH SUBSCRIBER'S ELECTRICITY
BILL OR BY A PAYMENT TO THE OWNER OF THE COMMUNITY GEOTHERMAL
GARDEN.
(c) THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN MUST
PROVIDE REAL-TIME PRODUCTION DATA TO THE QUALIFYING RETAIL UTILITY TO
FACILITATE INCORPORATION OF THE COMMUNITY GEOTHERMAL GARDEN INTO
THE UTILITY'S OPERATION OF ITS ELECTRIC SYSTEM AND TO FACILITATE THE
PROVISION OF NET METERING CREDITS.
(d) THE OWNER OF THE COMMUNITY GEOTHERMAL GARDEN IS
RESPONSIBLE FOR PROVIDING TO THE QUALIFYING RETAIL UTILITY, ON A
MONTHLY BASIS AND WITHIN REASONABLE PERIODS SET BY THE QUALIFYING
RETAIL UTILITY, THE PERCENTAGE SHARES THAT SHOULD BE USED TO
DETERMINE THE NET METERING CREDIT TO EACH SUBSCRIBER. IF THE
ELECTRICITY OUTPUT OF THE COMMUNITY GEOTHERMAL GARDEN IS NOT FULLY
SUBSCRIBED, THE QUALIFYING RETAIL UTILITY SHALL PURCHASE THE
UNSUBSCRIBED RENEWABLE ENERGY AND THE RENEWABLE ENERGY CREDITS AT
A RATE EQUAL TO THE QUALIFYING RETAIL UTILITY'S AVERAGE HOURLY
INCREMENTAL COST OF ELECTRICITY SUPPLY OVER THE IMMEDIATELY
PRECEDING CALENDAR YEAR.
(e) EACH QUALIFYING RETAIL UTILITY SHALL SET FORTH IN ITS PLAN
FOR ACQUISITION OF RENEWABLE RESOURCES A PROPOSAL FOR INCLUDING
LOW-INCOME CUSTOMERS AS SUBSCRIBERS TO A COMMUNITY GEOTHERMAL
GARDEN. THE UTILITY MAY GIVE PREFERENCE TO COMMUNITY GEOTHERMAL
GARDENS THAT HAVE LOW-INCOME SUBSCRIBERS.
(f) QUALIFYING RETAIL UTILITIES ARE ELIGIBLE FOR THE INCENTIVES
AND SUBJECT TO THE OWNERSHIP LIMITATIONS SET FORTH IN SECTION 40-2-124
(1)(f) FOR UTILITY INVESTMENTS IN COMMUNITY GEOTHERMAL GARDENS AND
MAY RECOVER THROUGH RATES A MARGIN, IN AN AMOUNT DETERMINED BY THE
COMMISSION, ON ALL ENERGY AND RENEWABLE ENERGY CREDITS PURCHASED
FROM COMMUNITY GEOTHERMAL GARDENS. SUCH INCENTIVE PAYMENTS ARE
EXCLUDED FROM THE COST ANALYSIS REQUIRED BY SECTION 40-2-124 (1)(g).
(6) NOTHING IN THIS SECTION WAIVES OR SUPERSEDES THE RETAIL RATE
IMPACT LIMITATIONS IN SECTION 40-2-124 (1)(g). UTILITY EXPENDITURES FOR
UNSUBSCRIBED ENERGY AND RENEWABLE ENERGY CREDITS GENERATED BY
COMMUNITY GEOTHERMAL GARDENS MUST BE INCLUDED IN THE CALCULATIONS
OF RETAIL RATE IMPACT REQUIRED BY THAT SECTION.
(7) Applicability to cooperative electric associations and
municipally owned utilities. THIS SECTION SHALL NOT APPLY TO COOPERATIVE
ELECTRIC ASSOCIATIONS OR TO MUNICIPALLY OWNED UTILITIES.
SECTION 12. In Colorado Revised Statutes, 25-7-105, amend
(1)(e)(VIII)(H) as follows:
25-7-105. Duties of commission - rules - legislative declaration -
definitions. (1) Except as provided in sections 25-7-130 and 25-7-131, the
commission shall promulgate rules that are consistent with the legislative
declaration set forth in section 25-7-102 and necessary for the proper
implementation and administration of this article 7, including:
(e) (VIII) (H) In verifying clean energy plans or a wholesale generation
and transmission cooperative electric resource plan submitted in accordance
with subsection (1)(e)(VIII)(I) of this section, the division shall prevent double
counting of emission reductions among utilities and shall consider electricity
generated by renewable energy resources as having zero greenhouse gas
emissions only if: The electricity is accompanied by any associated renewable
energy credit, and the renewable energy credit is retired on behalf of the utility's
customers in the year generated; or the electricity is generated by retail
distributed generation, as defined in sections 40-2-124 (1)(a)(VIII), and
40-2-127 (2)(b)(I)(A) and (2)(b)(I)(B), AND 40-2-127.5 (2)(a)(I) AND (2)(a)(II),
and the retail customer retains the renewable energy credit as part of a voluntary
renewable energy program.".

Renumber succeeding sections accordingly.
Page 23, strike lines 4 through 7 and substitute "a community solar garden, as
that term is defined in section 40-2-127 (2), C.R.S. If House Bill 10-1342 does
not take effect, there shall be no qualified community locations in the service
territories of investor-owned utilities. OR A COMMUNITY GEOTHERMAL GARDEN
AS THAT TERM IS DEFINED IN SECTION 42-2-127.5 (2).".

Page 23, strike lines 14 through 17 and substitute "a community solar garden
as that term is defined in section 40-2-127 (2), C.R.S. If House Bill 10-1342
does not take effect, there shall be no qualified community locations in the
service territories of investor-owned utilities. OR A COMMUNITY GEOTHERMAL
GARDEN AS THAT TERM IS DEFINED IN SECTION 42-2-127.5 (2).
SECTION 15. In Colorado Revised Statutes, 40-2-129, amend (3) as
follows:
40-2-129. New resource acquisitions - factors in determination -
local employment - "best value" metrics - performance audit. (3) The
provisions of this section regarding "best value" employment metrics do not
apply to projects involving retail distributed generation, as defined in section
40-2-124 (1)(a)(VIII), or 40-2-127 (2)(b)(I)(B), OR 40-2-127.5 (2)(b)(II).
SECTION 16. In Colorado Revised Statutes, 40-9.5-106, amend (2)
as follows:
40-9.5-106. Prohibited acts. (2) No cooperative electric association,
as to rates, charges, service, or facilities or as to any other matter, shall make or
grant any preference or advantage to any corporation or person or subject any
corporation or person to any prejudice or disadvantage. No cooperative electric
association shall establish or maintain any unreasonable difference as to rates,
charges, service, or facilities or as to any other matter, either between localities
or between any class of service. Notwithstanding section 40-6-108 (1)(b), any
complaint arising out of this subsection (2) signed by one or more customers of
such association shall be resolved by the public utilities commission in
accordance with the hearing and enforcement procedures established in articles
6 and 7 of this title. A cooperative electric association may approve any
reasonable rate, charge, service, classification, or facility that establishes a
graduated rate for increased energy consumption, for energy conservation and
energy efficiency purposes, by residential customers that is revenue-neutral for
the class, where revenue includes margins, expenses, riders, or charges as
approved by the cooperative electric association. The implementation of such
rate, charge, service, classification, or facility by a cooperative electric
association shall not be deemed to subject any person or corporation to any
prejudice, disadvantage, or undue discrimination. In adopting such rate, a
cooperative electric association shall give due consideration to the impact of
such rates on low-income customers. A cooperative electric association may
utilize a community energy fund as contemplated by section 40-2-127 SECTIONS
40-2-127 AND 40-2-127.5 for energy efficiency, energy conservation,
weatherization, and renewable energy purposes. A cooperative electric
association shall not apply such rate to consumers that have single meters that
record energy consumption for combined residential and agricultural uses.".


Education



Senate Journal, April 1
After consideration on the merits, the Committee recommends that SB22-118 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the State, Veterans, & Military Affairs Committee Report, dated March
3, 2022, page 4, line 22, strike "MEGAWATTS ON OR AFTER JULY 1, 2023." and
substitute "MEGAWATTS.".

Page 6, line 22, strike "SHALL" and substitute "MAY".

Page 6, line 27, strike "(IV)" and substitute "(II)".

Page 6, line 28, strike "2023" and substitute "2026".

Page 6, lines 32, strike "SHALL" and substitute "MAY" and strike "NECESSARY,"
and substitute "NECESSARY AND APPROPRIATE,".

Page 8, line 26, strike "EACH" and substitute "IF A QUALIFYING RETAIL UTILITY
INCLUDES A PLAN TO PURCHASE THE ELECTRICITY AND RENEWABLE ENERGY
CREDITS GENERATED BY ONE OR MORE COMMUNITY GEOTHERMAL GARDENS,
THEN THE".

Page 8, line 29, strike "GARDEN." and substitute "GARDEN, IF POSSIBLE.".

Amend printed bill, page 23, before line 18 insert:

"SECTION 17. Appropriation. For the 2022-23 state fiscal year,
$15,000 is appropriated to the office of the governor for use by the colorado
energy office. This appropriation is from the general fund. To implement this
act, the office may use this appropriation for program administration.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "ENERGY." and substitute "ENERGY, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations



House Journal, April 21
39 SB22-118 be amended as follows, and as so amended, be referred to
40 the Committee on Finance with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 22, line 18, strike "(2)(b)(II)" and substitute
44 "(2)(a)(II)".
45
46