Following is the bill summary for the week 10 ending March 17, 2023.

 let’s get to last week’s new bills! Six weeks to go, folks, and with the budget being finalized, it’s gonna be a slugfest to grab any available ‘leftover’ timing for some of the biggest climate bills of the session.  Also, since you may have missed it, here’s Governor Polis’s Press Conference on clean energy legislation, and his Executive Order on reining in ozone pollution and NOx in the O&G Industry. Also, check out COGCC’s Legislative Proposal and Produced Water Consortium info.  Sigh.

NEW BILLS THIS WEEK

⭐️ = CCLC Legislation Committee Championed
Click on the bill number to access more details

HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado | Concerning a requirement that the Colorado energy office conduct studies to assess advanced energy solutions in rural Colorado. | SPONSORS: Reps Lukens/Winter, Sens Roberts/Pelton | SUMMARY: The actual nuclear study bill designed to help our sistren and brethren in the coal towns of Colorado to transition to bleeding edge energy solutions like SMRs, “clean” hydrogen, CCS with fracked gas (BOO!), and long-term storage and utilizing the transmission capacity available from the retiring coal plants. It’s a study bill, but it’s never too early or late to remind our colleagues in the legislature that greenwashing is planet-destroying, and that the best way to capture and store carbon is not to burn it in the first place.

SB23-191 | Colorado Department Of Public Health And Environment Organics Diversion Study | Concerning a study regarding diversion of organic materials from landfills. | SPONSORS: Sen Cutter, Reps Joseph/Kipp | SUMMARY:  So much of our landfill methane is from rotting food, so let’s stop doing that, m-kay?

SB23-192 | Sunset Pesticide Applicators’ Act | Concerning implementing recommendations contained in the 2022 sunset report by the department of regulatory agencies regarding the act. | SPONSORS: Sens Priola/Roberts, Reps Kipp/McLachlan | SUMMARY: What are you doing with pesticides, and what are you doing without pesticides?

SB23-198 | Clean Energy Plans | Concerning the verification of clean energy plans to ensure that the plans achieve the state’s greenhouse gas emission reduction targets. | SPONSORS: Sen Winter, Rep Weissman | SUMMARY: You submit a Clean Energy Plan, and You submit a Clean Energy Plan, and Everyone submits a Clean Energy Plan—even if you don’t exist yet—and there are consequences if you don’t! (Hooray for consequences. How refreshing!)

For actual bill summaries, check the Bill Details section.

HEARING SCHEDULE

To testify—in person, via zoom, or in writing, click here.
LSB = Legislative Services Building, across the street at 200 E 14th Ave

House Local Gov & Housing, Tues March 21, 2:00 pm | SCR 352

HEARING ITEMSPONSORS
HB23-1095Prohibited Provisions In Rental AgreementsRep. S. Woodrow, Rep. M. Lindsay, Sen. N. Hinrichsen, Sen. F. Winter
HB23-1062Metropolitan District Tax For Parks And RecreationRep. T. Mauro, Sen. N. Hinrichsen
HB23-1099Portable Screening Report For Residential LeasesRep. S. Vigil, Rep. M. Weissman, Sen. R. Fields, Sen. T. Exum
SB23-178Water-wise Landscaping In Homeowners’ Association CommunitiesSen. S. Jaquez Lewis, Sen. P. Will, Rep. K. McCormick

Senate T&E, Wed March 22, 1:30 pm | SCR 352

HEARING ITEMSPONSORS
HB23-1022Registration Of Vehicles In Rental FleetsRep. M. Froelich, Rep. R. Weinberg, Sen. J. Bridges, Sen. J. Rich
SB23-186Oil And Gas Commission Study Methane Seepage Raton BasinSen. R. Pelton, Sen. F. Winter, Rep. T. Winter, Rep. J. Willford
HB23-1039Electric Resource Adequacy ReportingRep. S. Bird, Sen. R. Rodriguez, Sen. F. Winter

House E&E, THU March 23, 1:30 pm | LSB-A

HEARING ITEMSPONSORS
HB23-1242Water Conservation In Oil And Gas OperationsRep. A. Boesenecker, Rep. J. Joseph, Sen. L. Cutter
HB23-1216Natural Gas Pipeline SafetyRep. T. Story
HB23-1233Electric Vehicle Charging And Parking RequirementsRep. T. Mauro, Rep. A. Valdez, Sen. K. Priola, Sen. F. Winter
HB23-1221Water Quality Data StandardsRep. M. Soper, Rep. T. Mauro, Sen. C. Simpson

Senate T&E, Mon March 27 | 1:30 pm | SCR 352

HEARING ITEMSPONSORS
SB23-187Public Utilities Commission Administrative Fee Setting Transportation ServicesSen. F. Winter, Sen. R. Rodriguez

Senate Ag, Thu March 23, 2023, 1:30 pm | SCR 352

HEARING ITEMSPONSORS
SB23-191Colorado Department Of Public Health And Environment Organics Diversion StudySen. L. Cutter, Rep. J. Joseph, Rep. C. Kipp
SB23-1772023 Colorado Water Conservation Board Water Projects AppropriationsSen. D. Roberts, Sen. C. Simpson
SB23-185Sunset Noxious Weed Advisory CommitteeSen. J. Marchman, Sen. R. Pelton, Rep. M. Lukens, Rep. M. Catlin
HB23-1094Extend Agricultural Workforce Development ProgramRep. M. Lukens, Rep. M. Catlin, Sen. D. Roberts, Sen. R. Pelton

Energy & Environment, Thu April 6, 1:30 pm | LSB A

HEARING ITEMSPONSORS
HB23-1080Reliable Alternative Energy SourcesRep. T. Winter, Sen. B. Pelton
HB23-1247Assess Advanced Energy Solutions In Rural ColoradoRep. M. Lukens, Rep. T. Winter, Sen. D. Roberts, Sen. R. Pelton

BILL STATUS REPORT

  • HB23-1005 – New Energy Improvement Program Changes | PASSED!
  • HB23-1018 – Timber Industry Incentives | Passed 2 Committees, onto Approps
  • HB23-1039 – Electric Resource Adequacy Reporting | Passed House, assigned to Senate T&E
  • ⭐️ HB23-1069 | Study Biochar In Plugging Of Oil And Gas Wells | Concerning the creation of the biochar in oil and gas well plugging working advisory group to make recommendations for the development of a pilot program to study the use of biochar in the plugging of oil and gas wells. | SUPPORT Amended  | Passed Committee Amended
  • ⭐️ HB23-1074 | Study Workforce Transitions To Other Industries | Concerning a study regarding (O&G) workforce transitions to other industries.| SUPPORT Amended | Passed House, assigned to Senate Bus Affairs & Labor
  • HB23-1080 | Reliable Alternative Energy Sources | Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and increasing capacity of pumped hydro to 400MW | OPPOSE |
  • HB23-1101 | Ozone Season Transit Grant Program Flexibility | Concerning increasing the flexibility of the ozone season transit grant program | PASSED!
  • HB23-1220 | Study Republican River Groundwater Economic Impact | Concerning a study regarding the economic impact of the elimination of large-capacity groundwater withdrawal within the Republican river basin.
  • HB23-1134 | Require Electric Options In Home Warranties | Concerning requiring a home warranty service contract to allow a homeowner to replace any of certain gas-fueled devices with electric or to receive the retail cash value of the gas-fueled device. | PASSED!
  • HB23-1137 | Solar Garden Net Metering Credits Stabilization | Concerning measures to stabilize net metering credits calculated for an electric retail utility’s purchase of electric output from a community solar garden. | PASSED!
  • ⭐️ HB23-1161 | Environmental Standards For Appliances | Concerning environmental standards for certain products. | SUPPORT | Passed Committee
  • HB23-1210 | Carbon Management | Concerning carbon management, and, in connection therewith, ensuring that carbon management projects are eligible for grants under the industrial and manufacturing operations clean air grant program and providing for the creation of a carbon management roadmap. | OPPOSE | Passed Committee
  • HB23-1216 | Natural Gas Pipeline Safety | Concerning measures to promote safety in the distribution of natural gas. | Hearing House E&E 03/23
  • HB23-1221 | Water Quality Data Standards | Concerning data standards for the determination of a total maximum daily load for state waters.
  • HB23-1233 | Electric Vehicle Charging And Parking Requirements | Concerning energy efficiency, and, in connection therewith, requiring the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings. | SUPPORT |
  • HB23-1234 | Streamlined Solar Permitting And Inspection Grants | Concerning the streamlined solar permitting and inspection grant program.
  • HB23-1240 | Sales Use Tax Exemption Wildfire Disaster Construction | Concerning a sales and use tax exemption for construction and building materials used for repairing and rebuilding residential structures damaged or destroyed by a declared wildfire disaster in 2020, 2021, or 2022
  • ⭐️ HB23-1242 | Water Conservation In Oil And Gas Operations | Concerning water used in oil and gas operations. | SUPPORT |
  • HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado | Concerning a requirement that the Colorado energy office conduct studies to assess advanced energy solutions in rural Colorado.
  • SB23-186 | Oil And Gas Commission Study Methane Seepage Raton Basin | Concerning methane seepage in the Raton basin of Colorado, and, in connection therewith, requiring the Colorado oil and gas conservation commission to complete a study and establish a new regulatory category. | SUPPORT | 
  • SB23-005 – Forestry And Wildfire Mitigation Workforce | Passed Committee, in Senate Approps
  • SB23-010 – (Permanent) Water Resources And Agriculture Review Committee | PASSED!
  • SB23-016 – Greenhouse Gas Emission Reduction Measures | SUPPORT with amendments | Passed Senate Finance Amended, onto Approps
  • SB23-032 – Wildfire Detection Technology Pilot Program | Passed Committee, onto Approps
  • ⭐️ SB23-092 | Agricultural Producers Use Of Agrivoltaics | Concerning opportunities for voluntary emission reductions in agriculture. | SUPPORT
  • SB23-139 | State Severance Tax Trust Fund Allocation | Concerning the appropriation of money from the severance tax operational fund to the wildfire mitigation capacity development fund, and, in connection therewith, making an appropriation. | PASSED!
  • SB23-143 | Retail Delivery Fees | Concerning the administration of the existing retail delivery fees collected by the department of revenue. | Passed Senate, onto House Finance
  • SB23-161 | Financing To Purchase Firefighting Aircraft | Concerning state funding to finance the purchase of a firefighting aircraft to respond to wildfires. | Passed Finance, onto Approps
  • SB23-166 | Establishment Of A Wildfire Resiliency Code Board | Concerning the establishment of a wildfire resiliency code board, and adopt model codes and within the wildland-urban interface (WUI). | Passed Committee, onto Approps
  • SB23-177 | CO Water Projects Appropriations | Concerning the funding of Colorado Water Conservation Board Projects, and in connection therewith, making an (enormous) appropriation
  • SB23-178 | Water-wise Landscaping In Homeowners’ Association Communities | Concerning removing barriers to water-wise landscaping in common interest communities.
  • SB23-187 | Public Utilities Commission Administrative Fee Setting Transportation Services | Concerning fees paid to the PUC by operators of transportation services in the state, and, in connection therewith, requiring the public utilities commission to establish fees administratively.
  • SB23-191 | Colorado Department Of Public Health And Environment Organics Diversion Study | Concerning a study regarding diversion of organic materials from landfills.
  • SB23-192 | Sunset Pesticide Applicators’ Act | Concerning implementing recommendations contained in the 2022 sunset report by the department of regulatory agencies regarding the act.
  • SB23-198 | Clean Energy Plans | Concerning the verification of clean energy plans to ensure that the plans achieve the state’s greenhouse gas emission reduction targets.

(44 climate/energy/environmental bills introduced; 6 passed; 5 championed by the CCLC Legislation Committee)

DEAD BILLS THIS SESSION

  • HB23-1010 – Task Force On High-altitude Water Storage | PI’d (Postponed Indefinitely aka Failed in Committee)
  • HB23-1092 | Limiting Use of State Money | Concerning limitations on the use of state money, and, in connection therewith, requiring the public employees’ retirement association (PERA) to prohibit government contracts with entities that engage in economic boycotts, and invest money eligible for investment solely on financial factors. | OPPOSE | PI’d
  • HB23-1127 | Customer’s Right To Use Energy | Concerning a guarantee of a customer’s right to use (fracked gas) energy. | OPPOSE | PI’d
  • HB23-1154 | Ballot Issue Greenhouse Gas Emissions Report | Concerning requirements for ballot initiatives to include the projected environmental impact report, requiring the title of the initiative to reflect the findings of the report, and include findings in the ballot information booklet entry for such initiatives. | PI’d by the Sponsor
  • HB23-1163 | Revoke Carbon Dioxide Status As A Pollutant | Concerning a prohibition against classifying carbon dioxide as a pollutant. | OPPOSE | PI’d
  • HB23-1166 | Repeal Retail Delivery Fees | Concerning the elimination of retail delivery fees | PI’d
  • HB23-1085 | Rural County and Municipality Energy Efficient Building Codes | Concerning the requirements for rural areas to adopt energy efficient building codes, by extending the compliance periods. | Hearing House E&E 2/23 | PI’d at the sponsor’s request
  • SB23-026 | Financial Institution Discrimination Environmental Criteria | PI’d
  • SB23-079 | Nuclear Energy As A Clean Energy Resource | Concerning the inclusion of nuclear energy as a source of clean energy.| OPPOSE | PI’d

(9 bills have failed)

BILL DETAILS

WEEK 10

HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado | Concerning a requirement that the Colorado energy office conduct studies to assess advanced energy solutions in rural Colorado. | SPONSORS: Reps Lukens/Winter, Sens Roberts/Pelton | SUMMARY: The bill requires the director of the Colorado energy office to conduct studies to assess the use of advanced energy solutions in rural Colorado. One study must consider ways to assist northwestern and west end of Montrose county Colorado as it transitions to producing advanced firm dispatchable energy resources. The other study must consider the potential for the development of new energy resources(INCLUDING GEOTHERMAL, “CLEAN” HYDROGEN, ADVANCED NUCLEAR, CARBON CAPTURE NATURAL GAS POWER PLANTS, AND LONG DURATION STORAGE.) in southeastern Colorado. Targeted to the San Luis Valley, Nucla, Naturita, Montrose, Craig, and Hayden with focus on transferring coal-worker skills. The bill specifies information that the director is required to consider in both studies by 7/1/25.

SB23-191 | Colorado Department Of Public Health And Environment Organics Diversion Study | Concerning a study regarding diversion of organic materials from landfills. | SPONSORS: Sen Cutter, Reps Joseph/Kipp | SUMMARY: The bill requires the CDPHE to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills and report by 8/1/24. The study must: Incorporate and utilize data from existing Colorado studies and other states; Explore how to leverage existing organics diversion pilot projects in Colorado; Evaluate the environmental benefits of diversion of organic materials from landfills; identify the infrastructure needed; Create actionable parameters for local governments to use; Create a timeline to effectively and equitably phase in diversion; Outline and recommend policies and regulations that would enable diversion of organic materials from landfills; and Identify opportunities for end-market development of organic materials diverted from landfills. The bill authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study.

SB23-192 | Sunset Pesticide Applicators’ Act | Concerning implementing recommendations contained in the 2022 sunset report by the department of regulatory agencies regarding the act. | SPONSORS: Sens Priola/Roberts, Reps Kipp/McLachlan | SUMMARY: The bill implements some of the recommendations of the department of regulatory agencies: Continue the act for 11 years, until September 1, 2034; updates the statutory definition of “use” to align with the federal definition adopted by the federal environmental protection agency; increases the maximum civil penalty for a violation of the act from $1,000 to $2,500 for the first violation, which results in the possibility of a maximum civil penalty of $5,000 for a second violation; requires the commissioner to establish an online complaint process; limits the number of terms that members of the advisory committee may serve to 2 terms, but allows a member representing the Colorado state university agricultural experiment station or the CDPHE to serve on the advisory committee for unlimited terms during the duration of the member’s employment with CSU or CDPHE; and places language in statutes governing local governments that mirrors the language in the act requiring a local government that adopts an ordinance or resolution about pesticides to submit information to the commissioner about the ordinance or resolution.

SB23-198 | Clean Energy Plans | Concerning the verification of clean energy plans to ensure that the plans achieve the state’s greenhouse gas emission reduction targets. | SPONSORS: Sen Winter, Rep Weissman | SUMMARY:  If an entity’s current clean energy plan does not achieve the 2027 clean energy target, the entity must submit a revised clean energy plan to CDPHE by 12/31/24. The CDPHE shall, in consultation with the PUC, verify that the revised clean energy plan meets the 2027 clean energy target. The bill also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity’s 2005 baseline greenhouse gas emissions, estimated 2027 GHG emissions, and estimated 2030 GHG emissions on: The GHG emissions from each resource that is used to supply electricity to the entity’s retail electricity customers; and The GHG emissions from each resource that generates electricity and that is owned by the entity if the applicable GHG emissions are not otherwise required to be included in another entity’s clean energy plan. The bill also requires the CDPHE to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division must: Calculate the percentage of reduction in GHG emissions for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC; and

Determine whether each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC has obtained all of the resources necessary to achieve the 2030 clean energy target.

If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the CDPHE determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the GHG emissions by the entity to ensure that the entity achieves the 2030 clean energy target and that direct the division to amend any of the entity’s operating permits for sources of GHG emissions to ensure that the entity achieves the 2030 clean energy target.

The bill also requires: If a utility’s Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts to submit a clean energy plan to the division that covers all GHG emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for GHG emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for GHG emissions associated with electricity utility transactions in organized markets.

The bill defines “cooperative retail electric utility” as a retail electric utility that has: Indicated an intent to submit or, after January 1, 2021, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting source other than the wholesale generation and transmission cooperative (cooperative retail electric utility). A cooperative retail electric utility must submit a clean energy plan to the division no later than 18 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that any cooperative retail electric utility’s clean energy plan achieves the 2027 clean energy target and the 2030 clean energy target. The bill also defines “wholesale power marketer” as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The GHG emissions associated with the retail electric utility’s operations are not otherwise required to be included in another entity’s clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer achieves the 2027 clean energy target and the 2030 clean energy target. The bill also defines “new electric utility” as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the GHG emissions by the new electric utility to ensure that the new electric utility achieves the 2027 clean energy target and the 2030 clean energy target.

WEEK 9

HB23-1233 | Electric Vehicle Charging And Parking Requirements | Concerning energy efficiency, and, in connection therewith, requiring the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings, limiting the ability of the state electrical board to prohibit the installation of electric vehicle charging stations, forbidding private prohibitions on electric vehicle charging and parking, requiring local governments to count certain spaces served by an electric vehicle charging station for minimum parking requirements, forbidding local governments from prohibiting the installation of electric vehicle charging stations, exempting electric vehicle chargers from business personal property tax, and authorizing electric vehicle charging systems along highway rights-of-way. | SPONSORS: Reps Mauro/Valdez, Sens Priola/Winter | SUMMARY: Section 2 of the bill requires the state electrical board (board) to adopt rules requiring compliance, starting January 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to be electric vehicle (EV) capable and EV ready and to have EV supply equipment installed. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern.

Current law prohibits a landlord from unreasonably prohibiting the installation of EV charging equipment in the leased premises. This prohibition applies only to residential rental property. Section 3 broadens this prohibition to apply to an assigned or a deeded parking space for the leased premises, to parking spaces accessible to both the tenant and other tenants, and to commercial rental property. Section 3 also requires a landlord to allow an EV or a plug-in hybrid vehicle to park on the premises. 

Current law prohibits, when a person owns a unit in a common interest community, such as a condominium, the association that manages the community (association) from unreasonably prohibiting the installation of EV charging equipment in the unit. Section 4 broadens this prohibition to apply to assigned or deeded parking spaces for the unit or parking spaces accessible to both the unit owner and other unit owners. Section 4 also requires a common interest community to allow an EV or a plug-in hybrid vehicle to park at the premises.

Current law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require the local government, when counting minimum parking spaces, to count:

  • Any parking space that is served by an EV charging station as at least one standard automobile parking space; and
  • Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces.

Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations unless the ordinance or resolution addresses a bona fide safety concern.Section 10 exempts, until 2030, EV charging systems from the levy and collection of property tax.

Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 11 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. 

HB23-1234 | Streamlined Solar Permitting And Inspection Grants | Concerning the streamlined solar permitting and inspection grant program. | SPONSORS: Reps Brown/Soper, Sen Roberts (Bi-Partisan) | SUMMARY: The bill creates the streamlined solar permitting and inspection grant program (program). The program will grant money to local governments to implement free automated permitting and inspection software. To support the implementation of free automated permitting and inspection software by local governments, the state treasurer will transfer one million dollars from the general fund to the program in fiscal year 2022-23. The money is continuously appropriated.

The bill requires the Colorado energy office (office) to administer the program by developing procedures to award money to applicants, establishing a process for applicants to apply for money, requiring applicants to demonstrate expected costs to implement the automated permitting and inspection software, and beginning to approve applicants no later than June 30, 2024. A grantee must implement the free automated permitting software within 180 days of receipt of grant money. Grantees are required to report to the office the implementation status of the free automated permitting software one year after being granted the money and each year thereafter for 4 years. The office is required to report to the house of representatives energy and environment committee, the senate transportation committee, and the joint budget committee the progress of the grant program yearly beginning on January 1, 2025, and continuing until the repeal of the program on July 1, 2034.

HB23-1240 | Sales Use Tax Exemption Wildfire Disaster Construction | Concerning a sales and use tax exemption for construction and building materials used for repairing and rebuilding residential structures damaged or destroyed by a declared wildfire disaster in 2020, 2021, or 2022. | SPONSORS: Reps Brown/Amabile, Sen Fenberg | SUMMARY: Section 1 of the bill creates a state sales and use tax exemption for construction and building materials purchased on or after January 1, 2020, but before July 1, 2025, to be used directly in rebuilding or repairing a residential structure damaged or destroyed by a declared wildfire disaster in calendar year 2020, 2021, or 2022 (wildfire rebuild exemption).

A homeowner, or a contractor employed by a homeowner, may obtain a wildfire rebuild exemption certificate from the local government authorized to issue a building permit in the area in which the residential structure to be repaired or rebuilt is located. To be qualified, a homeowner must certify that:

  • The homeowner was the owner of each residential structure to be repaired or rebuilt at the time the structure was damaged or destroyed by the declared wildfire disaster; and
  • The replacement cost for each residential structure to be repaired or rebuilt exceeds the homeowner’s coverage under any homeowner’s insurance policy associated with the structure.

To claim the exemption, the qualified homeowner, or contractor employed by such homeowner, must provide a copy of the wildfire rebuild exemption certificate to each retailer from which the homeowner or contractor purchases exempt construction or building materials. If a qualified homeowner, or contractor employed by such homeowner, has paid state sales or use tax on the purchase of exempt construction or building materials on or after January 1, 2020, but before July 1, 2025, then the person who made the purchase may apply to the department of revenue for a refund pursuant to existing sales and use tax refund procedures. Alternatively, if the purchaser-contractor has not been granted a refund, the homeowner for whom the exempt materials were purchased may apply for a refund by establishing certain existing statutory requirements are met.

Sections 2 and 3 include the wildfire rebuild exemption among other exemptions available to state-collected and administered local sales and use tax jurisdictions, including statutory cities and counties, for adoption at their discretion.

⭐️HB23-1242 | Water Conservation In Oil And Gas Operations | Concerning water used in oil and gas operations. | SPONSORS: Boesenecker/Joseph, Sen Cutter | SUMMARY: The bill requires an oil and gas operator in the state (operator), on or before January 31, 2024, and at least annually thereafter, to report information to the COGCC regarding the operator’s use of water entering, utilized at, or exiting each of the operator’s oil and gas locations. The bill also requires the commission to adopt rules requiring that: 

  • When issuing an operator a new or renewed oil and gas permit on or after June 1, 2024, the commission include as a condition of the permit a requirement that the operator use a decreasing percentage of fresh water and a corresponding increasing percentage of recycled or reused water in the operator’s oil and gas operations; and
  • Each oil and gas operator, on and after January 1, 2024, report on a monthly basis to the commission about the daily vehicle miles traveled for any trucks hauling water to, within, or from the operator’s oil and gas operations in the state.

From the information reported to the commission under the bill, the commission is required to:

  • Include the information as part of the commission’s annual reporting on cumulative impacts of oil and gas operations;
  • Report to the division of administration (division) in the department of public health and environment, on a per-incident basis, any indication of technologically enhanced naturally occurring radioactive material or PFAS chemicals present in produced water; and
  • On a quarterly basis, submit a cumulative report to the CDPHE and CDOT on reported vehicle miles traveled and public roads traveled. 

SB23-186 | Oil And Gas Commission Study Methane Seepage Raton Basin | Concerning methane seepage in the Raton basin of Colorado, and, in connection therewith, requiring the Colorado oil and gas conservation commission to complete a study and establish a new regulatory category. | SPONSORS: Sens Pelton/Winter, Reps Winter/Willford (Bi-partisan) | SUMMARY: The bill requires the Colorado oil and gas conservation commission (commission), in consultation with local governments, to perform a study that:

  • Recognizes best management practices for capturing methane seepage in the Raton basin;
  • Confirms the high quality of water resulting from such methane capture operations; and
  • Confirms the high potential to preserve and make beneficial use of such water.

The commission must complete the study and submit it to legislative committees of reference by December 1, 2023.

The bill also requires the commission to implement a regulatory category for methane recovery in the Raton basin, which category includes consideration of enforcement, financial assurance, flow lines, forms, operator guidance, orphan well programs, rules, and policies and allows for beneficial uses deemed prudent by local governments. 

SB23-187 | Public Utilities Commission Administrative Fee Setting Transportation Services | Concerning fees paid to the public utilities commission by operators of transportation services in the state, and, in connection therewith, requiring the public utilities commission to establish fees administratively. | SPONSORS: Sens Winter/Rodriguez | SUMMARY: Current law requires that, if the uncommitted reserves in the motor carrier fund (fund) exceed 10% of the fund’s expenditures, the amount of the uncommitted reserves in the fund that are attributable to the registration fees paid by motor carriers and other transportation providers required to register with the United States department of transportation under the unified carrier registration system must be transferred from the fund to the motor carrier safety fund. Section 1 of the bill adjusts the amount of uncommitted reserves that triggers the transfer from 10% to 16.5%.

Under current law, various fees imposed on motor carriers are either specified in statute or set administratively by the public utilities commission (commission). Sections 2 and 3 remove the statutorily set fees and instead authorize the commission to set the motor carrier fees administratively.Section 4 requires, on and after January 1, 2024, that the commission establish transportation network company permit fees administratively. The commission may adopt rules establishing different tiers of permit fees for distinct types of transportation network companies based on the commission’s consideration of market factors.

Week 8

HB23-1220 | Study Republican River Groundwater Economic Impact | Concerning a study regarding the economic impact of the elimination of large-capacity groundwater withdrawal within the Republican river basin, and, in connection therewith, requiring the Colorado water center to conduct the study and report its findings and conclusions to certain legislative committees. | SPONSORS: Reps Holthorf/McCormick (bi-partisan) | SUMMARY: The bill requires the Colorado water center (center) in the Colorado state university to study the anticipated economic effects of the forced elimination of groundwater withdrawals within and surrounding the Colorado portion of the Republican river basin that could occur if Colorado fails to comply with the resolution. The center is required to prepare a progress report and, on or before January 1, 2026, a final report of the center’s findings and conclusions from the study and to post both reports on the center’s website. The center must present the progress and final reports to certain legislative committees.

HB23-1221 | Water Quality Data Standards | Concerning data standards for the determination of a total maximum daily load for state waters. | SPONSORS: Reps Soper/Mauro, Sen Simpson | SUMMARY: The bill requires the division of administration in the department of public health and environment, on and after January 1, 2024, to use quality-assured data to determine the maximum amount of a pollutant that can be discharged daily into state waters without exceeding applicable water quality standards.

SB23-139 | State Severance Tax Trust Fund Allocation | Concerning the appropriation of money from the severance tax operational fund to the wildfire mitigation capacity development fund, and, in connection therewith, making an appropriation. | SPONSORS: Sens Zenziger/Kirkmeyer, Reps Sirota/Bockenfeld (Bi-partisan) | SUMMARY: Joint Budget Committee. The bill authorizes the general assembly to appropriate up to $10 million from the severance tax operational fund (operational fund) to the wildfire mitigation capacity development fund (wildfire fund) for fiscal year 2022-23 and makes a corresponding appropriation. The bill authorizes the general assembly to appropriate up to $5 million from the operational fund to the wildfire fund beginning in fiscal year 2023-24 and in each fiscal year thereafter. Such appropriations may be made only if less than 100% of the money available in the operational fund is used for current core programs.

SB23-177 | CO Water Projects Appropriations | Concerning the funding of Colorado Water Conservation Board Projects, and in connection therewith, making an (enormous) appropriation | SPONSORS: Sens Roberts/Simpson (Bi-partisan) | SUMMARY: The bill appropriates the following amounts for the 2023-24 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:

  • Continuation of the satellite monitoring system, $380,000;
  • Continuation of the floodplain map modernization program, $500,000;
  • Continuation of the weather modification permitting program, $500,000;
  • Continuation of the watershed restoration program, $500,000;
  • Continuation of the Colorado Mesonet project, $150,000
  • Continuation of the weather forecasting partnership project, $1,000,000;
  • Support for the division of water resources mobile field data collection application project, $800,000;
  • Continuation of the reservoir enlargement assessment project, $1,000,000;
  • Support for the central Colorado water conservancy district augmentation efficiency project, $3,000,000; and
  • Support for the state water plan action advancement project, $2,000,000.

The bill directs the state treasurer to transfer the following amounts on July 1, 2023, from the severance tax perpetual base fund to the CWCB construction fund, and appropriates those amounts from the CWCB construction fund to the CWCB for the following projects:

  • Continuation of the Platte river recovery implementation program, $19,000,000;
  • Support for the upper Colorado river endangered fish recovery program and the San Juan river basin recovery implementation program, $15,000,000; and
  • Additional and continued support for the Frying Pan – Arkansas project, $20,000,000.

The bill directs the state treasurer to transfer the following amounts from the CWCB construction fund on July 1, 2023:

  • $2,000,000 to restore the fish and wildlife resources fund;
  • Up to $2,000,000 to the CWCB litigation fund; and
  • $2,000,000 to the water plan implementation cash fund for continuation of the water plan implementation grant program.
  • Section 17 appropriates $10,600,000 of sports betting revenues from the water plan implementation cash fund and $2,000,000 from the CWCB construction fund to the CWCB to fund grants that will help implement the state water plan.
  • Section 18 appropriates $8,000,000 from the wildlife cash fund to the division of parks and wildlife to purchase up to 924 acre-feet of orphan shares from the CWCB as part of the Chatfield reservoir reallocation project.

SB23-178 | Water-wise Landscaping In Homeowners’ Association Communities | Concerning removing barriers to water-wise landscaping in common interest communities. | SPONSORS: Sens Jaquez Lewis/Will, Rep McCormick | SUMMARY: The bill states that an association’s guidelines or rules must: Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner’s property; Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner’s property; Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and Not prohibit vegetable gardens in the front, back, or side yard of a unit owner’s property. The bill also requires an association to permit the installation of at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping and emphasize drought-tolerant and native plants. The bill allows a unit owner who is affected by an association’s violation of the new requirements to bring a civil action to restrain further violation and to recover damages in an amount equal to actual damages plus $500, plus any other damages, costs, and reasonable attorney fees.

Week 7 Bills

HB23-1216 | Natural Gas Pipeline Safety | Concerning measures to promote safety in the distribution of natural gas. | SPONSOR: Rep Story | SUMMARY: The bill requires the PUC gas pipeline safety rules, on or before March 1, 2024, for: The inspection of gas meters and service regulators no more often than every 36 months; and the re/installation of service regulators so that any vents are at least 12 inches above ground. Also requiring a gas distributor: Provide written notice to the customer, within 90 days after the installation of the customer-owned service line, who’s responsible for the maintenance; and Obtain a signed copy of the written notice from the customer.

Week 6 Bills

⭐️ HB23-1210 | Carbon Management | Concerning carbon management, and, in connection therewith, ensuring that carbon management projects are eligible for grants under the industrial and manufacturing operations clean air grant program and providing for the creation of a carbon management roadmap. | SPONSORS: Rep Dickson, Sen Hansen | SUMMARY: The CCUS train is leaving the station, whether it’s viable, or cost-effective, or not.  This bill prohibits EOR (Enhanced Oil Recovery) from inclusion in any future funding opportunities, but encourages companies to pursue carbon capture—including DAC—and the use of CO2 pipelines, and requires the Energy Office to create a CCUS Roadmap for the legislature in 2025. There’s a lot to like and a lot to dislike about this bill, so here are the gory details:

Specifically, the roadmap will examine: (I) CONSTRUCTION; (II) AGRICULTURE; (III) FOREST MANAGEMENT; (IV) MINE RECLAMATION; (V) INDUSTRIAL MANUFACTURING; (VI) CEMENT AND CONCRETE; (VII) FOOD AND BEVERAGE; AND (VIII) EXISTING OIL AND GAS INFRASTRUCTURE AND WORKFORCE; (b) THE NECESSARY INFRASTRUCTURE TO SUPPORT CARBON MANAGEMENT, SUCH AS: (I) THE BEST RESERVOIRS FOR CARBON DIOXIDE STORAGE; (II) EXISTING CARBON DIOXIDE PIPELINES AND HOW THOSE PIPELINES CAN BEST BE CONNECTED WITH PIPELINES NEEDED FOR INDUSTRIAL CARBON MANAGEMENT TO MINIMIZE RISK, INCLUDING RISK TO DISPROPORTIONATELY IMPACTED COMMUNITIES; AND (III) INFRASTRUCTURE THAT ALLOWS ACCESS TO CLEAN ENERGY RESOURCES FOR CARBON MANAGEMENT PROJECTS THAT WOULD: (A) ATTRACT COMPANIES TO DEVELOP OR DEPLOY CARBON MANAGEMENT IN THE STATE; B) ENCOURAGE THE DEVELOPMENT OF NEW CARBON MANAGEMENT TECHNOLOGIES; (C) SUPPORT THE EXPANSION OF CARBON MANAGEMENT COMPANIES IN THE STATE; (D) CATALYZE PRIVATE INVESTMENT AND MARKET DEVELOPMENT IN CARBON MANAGEMENT BY APPLYING GAP FUNDING OR OTHER SUPPORT FOR CARBON MANAGEMENT PROJECTS INVOLVING PRIVATE SECTOR PROVIDERS AND BUYERS; AND (E) FOSTER CARBON MANAGEMENT PROJECTS IN THE STATE. Fortunately it has provisions to restrict any efforts that have impacts on public health or DI Communities, or benefit habitual offenders or violators of air permits. Unfortunately, and it bears repeating, this roadmap has no requirement to evaluate cost effectiveness or even viability of the technology. 

SB23-143 | Retail Delivery Fees | Concerning the administration of the existing retail delivery fees collected by the department of revenue. | SPONSORS: Sens Fenberg/Van Winkle | SUMMARY: In short, the bill allows retailers to include the delivery fee in the price rather than add it as a separate line item, lightens the load of delivery fees for small and new businesses, and exempts delivery fees that would be higher than the merchandise itself.

SB23-161 | Financing To Purchase Firefighting Aircraft | Concerning state funding to finance the purchase of a firefighting aircraft to respond to wildfires. | SPONSORS: Sens Fenberg/Will, Reps Lynch/McCluskie (Bi-partisan) SUMMARY: Spending another $80M on another fire hawk helicopter because it’s easier to justify money spent on the symptoms of climate change than the cause.

SB23-166 | Establishment Of A Wildfire Resiliency Code Board | Concerning the establishment of a wildfire resiliency code board, and adopt model codes and within the wildland-urban interface (WUI). | SPONSORS: Sens Cutter/Exum, Reps Froelich/Velasco | SUMMARY: The bill establishes a wildfire resiliency code board in the department of public safety for ensuring community safety from and reducing the risk of wildfires to people and property. The board will adopt codes and standards for the hardening of structures and parcels in the wildland-urban interface in Colorado, including defining the WUI and identify areas of the state that are within it; Adopt minimum codes and standards based on best practices to reduce the risk to life and property from the effects of wildfires; Identify hazards and types of buildings, entities, and defensible space around structures to which the codes apply; and establish a process for a governing body to petition the board for a modification to the codes and establish the criteria and process for the board to grant or deny an appeal from a decision of the board on a petition for modification. The bill also creates a cash fund and continuously appropriates the money in the fund to the department to implement the provisions of the bill.

Week 4 bills (no week 5 bills)

HB23-1127 | Customer’s Right To Use Energy | Concerning a guarantee of a customer’s right to use (fracked gas) energy. | SPONSORS: Rep Winter (not to be confused with Sen Faith Winter!), Sen Paisley | SUMMARY: The ban on the ban of fracked gas hookups is back! The annual clap trap about how we can all have solar, plus micro wind turbines and miniature hydroelectric dams to power our homes, and oh, also fracked gas. | OPPOSE | Postponed Indefinitely

HB23-1163 | Revoke Carbon Dioxide Status As A Pollutant | Concerning a prohibition against classifying carbon dioxide as a pollutant. | SPONSORS: Rep ‘what’s the frequency Kenneth’ DeGraaf, Bottoms, Winter (not that one!) | SUMMARY: Bunch of Leg Dec BS regarding the ‘minimal’ negative effects of carbon dioxide in the atmosphere as a contributor to greenhouse gases in comparison to other, ‘more harmful’ emissions (Here’s a parody clip of John McLaughlin yelling “Wrong!”) Prohibits the classification of carbon dioxide as a pollutant in the state…and any/all regulations AND must not include the regulation of carbon dioxide emissions as a pollutant. Any portion of an executive agency rule that treats carbon dioxide emissions as a pollutant is void. (My grandfather had an expression that seems apt here: “This ain’t worth the power and lead to blow it up.”) | OPPOSE |

HB23- 1148 | Temp Prohibition On Rule-making After Rule Adopted | Concerning certain limitations on an executive agency’s ability to engage in additional rule-making within a specified period of time following the agency’s adoption of a rule. | SPONSORS: Rep Evans, Sen Pelton B. | SUMMARY: The bill prohibits an executive rule-making agency, on or after September 1, 2023, from amending an existing rule or adopting a new rule concerning the same subject matter as the existing rule for the 3 years following the existing rule’s adoption. The following rules are exempt from the 3-year prohibition period: Rules required by state statute, federal statute, or federal regulation; Imperatively necessary for the preservation of public health, safety, or welfare and for which compliance with the 3-year prohibition would be contrary to the public interest; Temporary or emergency rules, which remain effective for 120 days or less; and Rules that a member of the regulated community petitions to be amended and for which the rule-making agency grants the petition. (This bill if passed would prevent the second half of the 2023 Ozone SIP from going forward, which would mean we’re not addressing NOx emissions, a chemical required to form ozone. Also no GHGs fee schedule rulemaking because we regulated GHGs in the midstream sector last month, and so much more. No Cumulative Impacts rulemaking at the COGCC because we began that in 2021 but did next to nothing. Still, no more rulemaking for you! And the impacts go on and on.) | OPPOSE |

HB23-1166 | Repeal Retail Delivery Fees | Concerning the elimination of retail delivery fees | SPONSORS: Rep Pugliese, Sen Will | SUMMARY:  As authorized by current law, retail delivery fees are imposed on each retail delivery by {…a bunch of state fees as created by previous statute or the SustainableTransportation bill SB21-260) and we’re gonna repeal ‘em effective instantly. 

HB23-1134 | Require Electric Options In Home Warranties | Concerning mandatory provisions in home warranty service contracts, and, in connection therewith, requiring a home warranty service contract to include terms allowing a homeowner to replace any of certain gas-fueled devices with a device that operates on electricity or to receive an amount that is equivalent to the retail cash value of the gas-fueled device. | SPONSORS: Reps Joseph/Kipp, Sen Cutter | SUMMARY: The bill requires that, on and after January 1, 2024, every home warranty service contract that provides coverage for the replacement of any of certain gas-fueled appliances must include terms: Allowing the homeowner to replace the gas-fueled appliance with an electric one; describing minimum efficiency and performance standards for each gas-fueled appliance and for electric replacements; and allowing the homeowner to receive an equivalent cash value of a gas-fueled appliance in lieu of a replacement appliance. | Passed Committee

HB23-1137 | Solar Garden Net Metering Credits Stabilization | Concerning measures to stabilize net metering credits calculated for an electric retail utility’s purchase of electric output from a community solar garden. | SPONSORS: Reps Lukens/Valdez, Sens Hansen/Roberts | SUMMARY: Current law requires an electric retail utility (utility) to offer a net metering credit as the means of purchasing output from a community solar garden (CSG) located within the utility’s service territory and establishes the means of calculating the net metering credit. The bill maintains that calculation if the credits change annually. However, if the CSG indicates to the utility that the CSG’s subscribers’ bill credits are fixed, the bill provides a different calculation for determining the net metering credit. Can’t attach fees to riders on the bill. | Passed Committee

HB23-1154 | Ballot Issue Greenhouse Gas Emissions Report | Concerning requirements for ballot initiatives to include the projected environmental impact report, requiring the title of the initiative to reflect the findings of the report, and include findings in the ballot information booklet entry for such initiatives. | SPONSOR: Rep Valdez | SUMMARY: The Concerning statement says it all.

⭐️ HB23-1161 | Environmental Standards For Appliances | Concerning environmental standards for certain products. | SPONSORS: Reps Kipp/Willford, Sen Cutter | SUMMARY: Sections 1 through 7 of the bill expand the appliances and fixtures that are subject to the standards and update the standards. (…lots more commercial and residential appliances than the last bill.) Includes important appliances like electric water heaters, air purifiers, gas fireplaces. Requires CDPHE to keep appliance standards up to date every 5 years. If you get caught selling disapproved appliances your fine goes to the Energy Office. Eliminates mercury in lighting (particularly fluorescent tubes). Authorizes inspections. | SUPPORT |

⭐️ SB23-092 | Agricultural Producers Use Of Agrivoltaics | Concerning opportunities for voluntary emission reductions in agriculture. | SPONSORS: Sens Simpson/Hansen, Reps McCormick/Soper (Wonderfully Bi-partisan in both houses) |  SUMMARY: In support of the use of agrivoltaics, the bill authorizes the agricultural drought and climate resilience office (office) to award grants for new or ongoing demonstration or research projects that demonstrate or study the use of agrivoltaics. Authorizes the Colorado water conservation board (board) to finance a project to study the feasibility of using aquavoltaics, which are solar energy generation facilities placed over, or floating on, irrigation canals or reservoirs. Amends the statutory definition of “solar energy facility”, used in determining the valuation of public utilities for property tax purposes, to include agrivoltaics and aquavoltaics.Requires the commissioner of agriculture and energy office, the air quality control commission, and an institution of higher education to examine GHGs reduction and carbon sequestration opportunities in Ag. This bill is not a mandate. | SUPPORT |

Week 3 Bills

HB23-1096 | Wildfire Resilient Homes | Concerning the promotion of wildfire resilient houses. | SPONSORS: Rep. Snyder | SUMMARY: The bill expands the wildfire mitigation grant program to allow grant recipients to expend grant money on programs for houses built/rebuilt in areas of high risk of wildfires. The forest service is required to promote wildfire resistant housing strategies and publish their ongoing efforts.

HB23-1101 | Ozone Season Transit Grant Program Flexibility | Concerning support for transit, and, in connection therewith, increasing the flexibility of the ozone season transit grant program and increasing opportunities for transit agency participation in regional transportation planning. | SPONSORS: Reps. Vigil/Bacon, Sen Winter. | SUMMARY: Section 1 of the bill increases the flexibility of the ozone season transit grant program by: Allowing an eligible transit agency to designate a different period of the calendar year for its “ozone season”; retain any grant money that it does not spend in the year for use in a subsequent year; an eligible transit agency may use grant money to expand free services or free routes or increase the frequency of service on routes for which free service is already offered; and Allowing the regional transportation district to use grant money to cover the full costs, rather than up to 80% of the costs. Fund $3M for a transit assoc and $11M for a trans district | Passed House E&E

SB23-079 | Nuclear Energy As A Clean Energy Resource | Concerning the inclusion of nuclear energy as a source of clean energy. | SPONSORS: Sen Liston also Baisley/Gardner/Kirkmeyer/Lundeen/Pelton B./Pelton R./Rich/Simpson/Van Winkle/Will | SUMMARY: “Clean energy” means energy derived from biomass, geothermal energy; solar energy; small hydroelectricity; NUCLEAR ENERGY; and wind energy, as well as any hydrogen derived from any of the foregoing ENERGY SOURCES LISTED IN THIS SUBSECTION. “Clean energy resource” means any electricity-generating technology that generates or stores electricity without emitting carbon dioxide into the atmosphere. (I’m amused that virtually every Republican Senator has signed on as a cosponsor right out of the gate!) | OPPOSE

Week 2 Bills

⭐️ HB23-1069 | Study Biochar In Plugging Of Oil And Gas Wells | Concerning the creation of the biochar in oil and gas well plugging working advisory group to make recommendations for the development of a pilot program to study the use of biochar in the plugging of oil and gas wells. SPONSORS: Rep McCormick, Sen Cutter | SUMMARY: The bill creates the biochar in oil and gas well plugging working advisory group (work group) in the COGCCoil and gas conservation commission (commission). The work group must submit a draft report to the commission detailing its recommendations for the pilot program. After coordinating with the commission to develop a final report, the work group must present the report to the transportation and Senate T&E/House E&E by 1/1/24. | SUPPORT with amendments accepted by the sponsor |

⭐️ HB23-1074 | Study Workforce Transitions To Other Industries | Concerning a study regarding workforce transitions to other industries. | SPONSORS: Reps Dickson/Amabile | SUMMARY: The bill requires a study of workforce transitions in Colorado’s economy. The workforce transitions study (study) must: Evaluate the skill transferability of workers in the oil and gas industry and in occupations in Colorado that are facing the most disruption due to automation; Explore training availability, skills needed, and transition strategies; and Provide recommendations for programs and policies to prepare the workforce for these transitions to Senate BLT/House BAL by 1/124. | SUPPORT with amendments accepted by the sponsor | Passed Committee

HB23-1075 | Wildfire Evacuation And Clearance Time Modeling | Concerning evacuation and clearance time modeling in wildfire risk areas of the state. SPONSORS: Rep Snyder SUMMARY: The bill directs the office of emergency management (office) to provide resources and technical assistance to conduct evacuation and clearance time modeling and to publish the results to an interactive website. On and after July 1, 2026, each local and interjurisdictional emergency management agency that has jurisdiction in a wildfire risk area must perform evacuation and clearance time modeling and include the information in the emergency management plan for its area. On 1/1/24 requires that proposed developments of a certain size, a developer must perform evacuation and clearance time modeling for the proposed development and submit the information to the local government that will consider the application for a development permit for approval. A local government cannot approve an application for a development permit submitted on or after that date unless the application includes the evacuation and clearance time modeling and the local government determines that it is adequate for the proposed development.

HB23-1080 | Reliable Alternative Energy Sources | Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and specifying the maximum nameplate capacity of a generation unit for pumped hydroelectricity that qualifies as recycled energy under the renewable energy standard. | SPONSORS: Rep Winter, Sen Pelton | SUMMARY: Concerning alternative energy sources, and, in connection therewith, requiring a feasibility study for the use of small modular nuclear reactors as a source of carbon-free energy and specifying the maximum nameplate capacity of a generation unit for pumped hydroelectricity that qualifies as recycled energy under the renewable energy standard. Requires a study on the feasibility of using small modular nuclear reactors as a carbon-free energy source in the state (feasibility study) by 7/1/25. Also for pumped hydro only, increases nameplate capacity to 400MW from 15MW. | OPPOSE |

HB23-1085 | Rural County and Municipality Energy Efficient Building Codes | Concerning modification of the requirements for local governments in rural areas to adopt energy efficient building codes, and, in connection therewith, amending the definition of a rural county, defining a rural municipality, and extending the energy efficient building code compliance periods for both. SPONSORS: Rep Martinez, Sen Simpson | SUMMARY: A rural county, which is defined as a county with a population of less than 30,000 people, is permitted to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training, and extends the compliance periods:

  • An energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed by the energy board is not required prior to July 1, 2030, instead of being required concurrently with any county code building code update occurring on or after July 1, 2023, and before July 1, 2026;
  • An energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the energy board is not required prior to July 1, 2032, instead of being required concurrently with any county code building code update occurring on or after July 1, 2026; and
  • An energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code is not required prior to July 1, 2025, instead of being required concurrently with any county code building code adoption or update occurring before July 1, 2023.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.

HB23-1092 | Limitating Use of State Money | Concerning limitations on the use of state money, and, in connection therewith, requiring the public employees’ retirement association to make investments solely on financial factors, prohibiting certain government contracts with entities that engage in economic boycotts, and requiring the state treasurer to invest money eligible for investment solely on financial factors. SPONSOR: Bockenfeld | SUMMARY: The bill prohibits state money from being used to further certain social, political, or ideological interests beyond what controlling state and federal law require. Requires PERA to make investments solely on financial factors and prohibiting PERA from investing in an entity with a stated purpose to further certain social, political, or ideological interests beyond what federal and state law require (nonfinancial commitment). Requires a government contract to include a verification that a company entering into a government contract does not, and will not during the term of the contract, engage in an economic boycott of another company to further certain social, political, or ideological interests. Prohibits a person from penalizing a financial institution for complying with the non-economic boycott verification requirement. Requires the state treasurer to make investments solely on financial factors, prohibits the state treasurer from investing in entities with a stated nonfinancial commitment, and gives the attorney general authority to enforce these investment requirements. | OPPOSE | PI’D

Week 1 bills

HB23-1005 – New Energy Improvement Program Changes | Concerning changes to the new energy improvement program, and, in connection therewith, adding resiliency improvements and water efficiency improvements to the program, modifying the new energy improvement district’s notice requirements, and removing the district’s hearing requirement. | SPONSORS: Rep Wilford/Titone, Sen Jaquez Lewis |  SUMMARY: Amends the Commercial Property Assessed Clean Energy program (C-PACE) to also apply to the district to finance resiliency improvements and water efficiency improvements. Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner’s eligible real property. | Passed the House

HB23-1010 – Task Force On High-altitude Water Storage | Concerning a task force to study the feasibility of high-altitude water storage in Colorado. | SPONSORS: Rep McLachlan, Sens Bridges/Simpson (Bipartisan) | SUMMARY: The bill creates a task force to study the feasibility of implementing water storage in the form of snow in high-altitude areas of the state (task force). The task force must submit a report to the water resources and agriculture review committee on or before June 1, 2024, which report will include the feasibility of implementing high-altitude water storage in Colorado; issues considered by the task force; and any legislative proposals. | Postponed Indefinitely (PI’d)

HB23-1018 – Timber Industry Incentives | Concerning incentives to promote the timber industry in Colorado, and, in connection therewith, creating an internship program in the Colorado state forest service and creating a state income tax credit for the purchase of qualifying items used in timber production and forest health. | SPONSORS: Rep Lynch, Sen Simpson | SUMMARY: The bill creates the timber, forest health, and wildfire mitigation industries workforce development program (program) in the state forest service. The program provides partial reimbursement to timber businesses and forest health or wildfire mitigation entities for the costs of hiring interns. Beginning on or after January 1, 2023-2028, a timber business may claim a credit against state income tax for 20% of the cost of certain equipment, vehicles, and equipment infrastructure. The total aggregate credit in any one income tax year is limited to $10,000.

HB23-1039 – Electric Resource Adequacy Reporting – Concerning a requirement that electric load-serving entities periodically report about the adequacy of their electric resources. | SPONSORS: Rep Bird, Sens Rodriguez/Winter | SUMMARY: Annually beginning April 1, 2024, an entity providing retail or wholesale electricity services in the state must file an annual report detailing the adequacy of its electric resources to the PUC. PUC must aggregate and deliver a report to the CEO (Colorado Energy Office) by July 1 each year, who will create a statewide resource report. Won’t apply to those active in an RTO (Regional Transmission Org) or ISO (Independent System Operator) or voluntary regional resources adequacy reporting program. | SUPPORT | Passed House E&E

SB23-005 – Forestry And Wildfire Mitigation Workforce – Concerning measures to expand the forestry workforce, develop educational materials for high school students about career opportunities in forestry and wildfire mitigation; creating a workforce development program to help fund internships; authorizing the expansion and creation of forestry programs in the community college system and at Colorado mountain college; and recruit wildland fire prevention and mitigation educators. SPONSORS: Sens Jaquez Lewis/Cutter | SUMMARY: Directs the Colorado state forest service to develop educational materials relating to career opportunities in forestry/wildfire mitigation for high school guidance counselors. Creates the timber, forest health, and wildfire mitigation industries workforce development program in the SFS. Authorizes the expansion of existing forestry programs, including wildfire mitigation, and the creation of a new forestry program within the community college system. Directs the state board for community colleges to increase the number of teachers. | Passed Senate Ag

SB23-010 – Water Resources And Agriculture Review Committee | Concerning the water resources and agriculture review committee. | SPONSORS: Sens Bridges/Simpson, Rep McLachlan (bipartisan) | SUMMARY:  The bill makes the water resources and agriculture review committee permanent, and removes limitations on the number of meetings and the number of field trips the committee may hold, plus requires the committee to meet at least 4 times during each calendar year. | Passed Senate Ag

SB23-016 – Greenhouse Gas Emission Reduction Measures | Concerning measures to promote reductions in greenhouse gas emissions in Colorado. | SPONSORS: Sen Hansen, Reps McCormick/Sirota | SUMMARY: Section 1 of the bill requires that, beginning in 2024, each $100M+ insurance company must complete the NAIC’s “Insurer Climate Risk Disclosure Survey”. Section 2 requires the public employees’ retirement association (PERA) board, on or before June 1, 2024, to ensure voting decisions are supportive of the statewide greenhouse gas (GHG) emission reduction goals, and include in annual report a description of climate-related investment risks, impacts, and strategies. Section 4 adds wastewater thermal energy equipment to the definition of “pollution control equipment” and to the definition of “clean heat resource” for inclusion in its clean heat plan filed with the PUC. Section 6 updates the statewide GHG emission reduction goals to add a 65% reduction goal for 2035, an 80% reduction goal for 2040, a 90% reduction goal for 2045 and converts the current 90% by 2050 goal to 100%. Section 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG. Section 8 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered yard/lawn equipment for purchases made in income tax years 2024 through 2026. Section 9 determines the calculation if a CSG’s (Community Solar Garden) net meter bill credits change annually. Sections 10 through 12 incorporate projects to renovate or recondition existing utility transmission lines into the “Colorado Electric Transmission Authority Act”, allowing the CETA to finance and renovate, rebuild, or recondition existing transmission lines and requires expedited land use decisions. | SUPPORT (with amendments) | Passed Senate T&E

SB23-026 – Financial Institution Discrimination Environmental Criteria | Concerning prohibiting discrimination by financial institutions based on environmental criteria. | SPONSOR: Sen R Pelton | SUMMARY: The bill prohibits financial institutions that do business in the state from discriminating against any person based on environmental criteria. A financial institution’s violation of this prohibition is an unfair or deceptive trade practice. (Prevents banks from refusing to fund heavy polluting activities). | OPPOSE | Postponed Indefinitely (PI’d = failed in Committee)

SB23-032 – Wildfire Detection Technology Pilot Program | Concerning the establishment of a wildfire detection technology system pilot program, and, in connection therewith, making an appropriation. | SPONSORS: Sens Simpson/Ginal, Rep Lynch (bipartisan) | SUMMARY: The bill requires the center of excellence for advanced technology aerial firefighting (center of excellence) in  the department of public safety to establish one or more remote camera technology pilot programs., which may use artificial intelligence and must use remote pan-tilt-zoom cameras and associated tools to provide a live feed of information that can detect, locate, and confirm ignition in the wildland-urban interface. The center of excellence must report to the wildfire matters review committee on the system’s effectiveness and potential for more widespread use in the state.

Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training. | Passed Senate Ag

By Jan Rose, Legislative Analyst and Spokesperson