Summary: Bills and regulatory actions related to climate policy and air quality since 2019 are listed below. Many of these were reviewed by the CCLC. The first link under each item is a short summary written by CCLC; the second link is to the full bill, report or executive order.
2025
Polis Administration Unveils Nation Leading Carbon Management Roadmap
Colorado’s New Model Low Energy and Carbon Code Will Cut Energy Costs, Improve Indoor Air Quality, and Enhance Resiliency
HB25-1006 – School District Solar Garden Lease Term
HB25-1006 | School District Solar Garden Lease Term
HB25-1006 | School District Solar Garden Lease Term
Current law limits to 10 years the time a school district can lease district property not needed for its purposes. The act allows a school district to lease district property for any term of years for purposes of a solar field, energy storage system, or affordable housing. If a board of education of a school district leases or rents property for the purposes of an affordable housing project, the board of education shall develop a policy that defines affordable housing for the project.HB25-1040 – Adding Nuclear Energy as a Clean Energy Resource
HB25-1040 | Adding Nuclear Energy as a Clean Energy Resource
HB25-1040 | Adding Nuclear Energy as a Clean Energy Resource
The statutory definition of “clean energy” determines which energy projects are eligible for clean energy project financing at the county and city and county level. The statutory definition of “clean energy resource” determines which energy resources may be used by a qualifying retail utility to meet the 2050 clean energy target. The act updates the 2 statutory definitions to include nuclear energy; except that, for property valuations made for tax purposes, the act exempts from the definition of “clean energy resource” nuclear energy.
HB25-1059 – Food Waste Reduction in Public Schools
HB25-1059 | Food Waste Reduction in Public Schools
HB25-1059 | Food Waste Reduction in Public Schools
The act encourages each local education provider to adopt a policy to reduce food waste in school cafeterias and food preparation facilities (policy). The policy may address food waste diversion and aversion initiatives, including composting, donation of excess food to local nonprofits, or share table programs that permit students to return whole food or beverage items for redistribution to other students. A local education provider that implements a policy shall comply with all applicable sanitation and health requirements, including protocols to prevent student exposure to allergens, and shall require school personnel to complete related safety training.
Current law establishes the Colorado circular communities enterprise (enterprise) to award grants and other funding and to provide technical assistance to certain entities throughout the state that pursue a circular economy for waste management, including waste diversion and aversion. The act requires the enterprise to consider reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs.
The act extends limited immunity from civil and criminal liability to school personnel and local education providers that supervise food and beverage redistribution in accordance with policies that include share tables.
HB25-1096 – Automated Permits for Clean Energy Technology
HB25-1096 | Automated Permits for Clean Energy Technology
HB25-1096 | Automated Permits for Clean Energy Technology
The act makes updates to the streamlined solar permitting and inspection grant program (grant program). The grant program provides funding for the adoption and implementation of automated permitting and inspection software. The act clarifies that funding from the grant program may be used by a recipient for eligible expenses for up to 3 years after the grantee implements the automated permitting and inspection software. The act also permits the Colorado energy office (office) to spend up to 9% of the money remaining in the grant program’s cash fund as of September 1, 2025, for paying the direct and indirect costs of the office in administering the grant program.
HB25-1113 – Limit Turf in New Residential Development
HB25-1113 | Limit Turf in New Residential Development
HB25-1113 | Limit Turf in New Residential Development
In the 2024 regular legislative session, the general assembly enacted Senate Bill 24-005, concerning the conservation of water in the state through the prohibition of certain landscaping practices, which:
- Prohibits a local entity, on and after January 1, 2026, from installing, planting, or placing, or allowing any person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable property within the local entity’s jurisdiction; and
- Requires a local entity, on or before January 1, 2026, to enact or amend its laws regulating new development projects and redevelopment projects on applicable property in accordance with the new requirements.
The act expands the definition of “applicable property” to include a multifamily residential housing premises property that includes more than 12 dwelling units (applicable residential real property).
The act prohibits a local entity, on and after January 1, 2028, from installing, planting, or placing, or allowing a person to install, plant, or place, any nonfunctional turf, nonfunctional artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on applicable properties that include multifamily residential housing premises property.
The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects to regulate the installation of nonfunctional turf and include consideration of applicable residential real property.
The act also requires each local entity with land use planning and zoning authority to enact or amend, on or before January 1, 2028, its laws regulating new development projects and redevelopment projects within the local entity’s jurisdiction to regulate the installation of turf to reduce irrigation water demand for all residential real property that is not applicable residential real property. Local entities must also regulate the installation of turf when enacting or amending its laws on and after January 1, 2028, to reduce irrigation water demand for all residential real property that is not applicable residential real property.
HB25-1161 – Labeling Gas-Fueled Stoves
HB25-1161 | Labeling Gas-Fueled Stoves
HB25-1161 | Labeling Gas-Fueled Stoves
The act requires the department of public health and environment (department) to establish a page on the department’s public website with credible, evidence-based information on the health impacts of gas-fueled stoves.
The act prohibits a retailer from selling, attempting to sell, or offering to sell, in a store, a new gas-fueled stove to a consumer in the state unless a yellow adhesive label on the display model for the gas-fueled stove bears the phrase “Understand the air quality implications of having an indoor gas stove.” Following this phrase, the adhesive label must include a website link or a quick response (QR) code or other machine-readable code that a potential consumer may use to access the web page established by the department with information on the health impacts of gas-fueled stoves.
Before transacting an online sale of a new gas-fueled stove to an address in the state, a retailer is required to post the content of the adhesive label on the internet website where the online sale occurs.
The act specifies that a retailer that violates the requirements of the act commits a deceptive trade practice under the “Colorado Consumer Protection Act”.
HB25-1165 – Geologic Storage Enterprise & Geothermal Resources
HB25-1165 | Geologic Storage Enterprise & Geothermal Resources
HB25-1165 | Geologic Storage Enterprise & Geothermal Resources
The act creates the geologic storage stewardship enterprise (enterprise) in the department of natural resources (department) for the purpose of:
- Determining the amount of annual stewardship fees;
- Funding the long-term stewardship of geologic storage facilities in the state;
- Funding the plugging, abandoning, reclaiming, and, as necessary, remediating of orphaned geologic storage facilities in the state if the energy and carbon management commission (commission), after notice and a hearing, determines that available financial assurance is insufficient; and
- Ensuring that costs associated with long-term stewardship of geologic storage facilities are borne by geologic storage operators in the form of stewardship fees.
The act creates the geologic storage stewardship enterprise board (enterprise board) to administer the enterprise.
The act requires each geologic storage operator to pay an annual stewardship fee for each ton of injection carbon dioxide that the geologic storage operator injects in the state. The commission collects the stewardship fee on the enterprise’s behalf. All money collected as stewardship fees is credited to the geologic storage stewardship enterprise cash fund (fund), which is created in the act. Money in the fund is continuously appropriated to the enterprise. The enterprise shall adopt rules as necessary to implement the act and the commission may adopt rules to implement its collection of stewardship fees on behalf of the enterprise.
The willful violation of a commission rule, regulation, permit, or order concerning class VI injection wells used for injecting carbon dioxide for underground storage is a misdemeanor subject to a fine of $5,000 to $7,000 per day for each act of violation.
To approve a geologic storage operator’s request to close a site, the commission must first determine that the geologic storage operator has contributed money to the fund. Upon the commission’s approval of a site closure:
- Ownership of the injection carbon dioxide and ownership of any remaining facilities transfer to the state without payment of additional compensation;
- Except in specified circumstances, the geologic storage operator is released from all regulatory liability associated with the continued storage of the injection carbon dioxide and the long-term stewardship of the associated geologic storage facility; and
- The enterprise undertakes long-term stewardship of the injection carbon dioxide and any associated geologic storage facility.
The act makes several updates to laws concerning the administration of underground geothermal resources, including:
- Clarifying that “nontributary groundwater” does not include “designated groundwater”, as these terms are defined in current law;
- Exempting certain geothermal operations from needing a well permit from the state engineer;
- Requiring the state engineer to notify the operator of a prior geothermal operation of an application for a proposed well, and allowing the operator the opportunity to request a hearing if the application causes concern for material injury to the prior geothermal operation;
- Renaming the state board of examiners of water well construction and pump installation contractors as the “state board of examiners of water well and ground heat exchanger contractors” (state board of examiners);
- Establishing that the authority to regulate shallow geothermal operations is shared by the state engineer and the state board of examiners; and
- Regulating ground heat exchanger contractors in the same manner that currently exists for water well construction contractors and pump installation contractors.
HB25-1166 – Efforts to Reduce Food Waste
HB25-1166 | Efforts to Reduce Food Waste
HB25-1166 | Efforts to Reduce Food Waste
The act requires the department of public health and environment (department), to the extent that funding is available as part of the department’s green business network, to:
- Provide annual training that includes food waste prevention and reduction strategies;
- Develop a food waste reduction guidance document (document);
- Place the document on the department’s public website; and
- Update the document at least annually.
The act suggests means by which retail food establishments may donate or resell safe food.
The act states that, on and after January 1, 2026, grocery stores are encouraged to:
- Clearly display the ingredients of items of prepared food; and
- Use “best if used or frozen by” dates rather than “sell by” dates upon prepared items of food.
Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to:
- Faith-based organizations that donate food; and
- Food donations to faith-based organizations and individuals.
The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death.
HB25-1175 – Smart Meter Opt-In Program
HB25-1175 | Smart Meter Opt-In Program
HB25-1175 | Smart Meter Opt-In Program
Under current law, an investor-owned qualifying retail utility serving more than 500,000 customers (utility) may install advanced metering infrastructure (smart meter) at a customer’s residential property without the property owner’s permission unless the customer opts out of having the smart meter installed.
The act requires a utility that deploys smart meters on or after September 1, 2025, to submit a customer communication plan to the public utilities commission on or before December 31, 2025. The customer communication plan must include the information related to the utility’s plan for:
- The deployment of smart meters;
- Communicating with residential customers before the installation of smart meters on the customer’s property, which communication must be sent 90, 60, and 30 days before the smart meter is installed;
- Communicating with residential customers regarding the customer’s right to not have a smart meter installed and to receive a noncommunicating meter instead; and
- Communicating with a new residential customer about whether the property already has a smart meter installed and the customer’s right to have a noncommunicating meter installed instead.
A utility that plans to install a smart meter at a residential customer’s property shall make reasonable efforts to notify the customer before arriving at the customer’s property.
A utility that installs or plans to install smart meters shall:
- Maintain a phone line and public website with information regarding the customer’s right to not have the smart meter installed and have a noncommunicating meter installed instead, if requested;
- Only install smart meters that comply with federal communications commission requirements for radio frequency; and
- Establish and maintain a public website that includes information regarding customer data privacy and radio frequency communications in relation to smart meters.
HB25-1177 – Utility Economic Development Rate Tariff Adjustments
HB25-1177 | Utility Economic Development Rate Tariff Adjustments
HB25-1177 | Utility Economic Development Rate Tariff Adjustments
Under current law, an investor-owned electric utility (utility) may apply to the public utilities commission (commission) for approval to charge certain commercial or industrial customers of the utility an economic development rate (economic development rate), which is a reduced rate offered to a commercial or industrial customer that locates or expands their operations in Colorado, that adds at least 3 megawatts of new load at a single location within the utility’s service territory, and that demonstrates certain other requirements to the satisfaction of the utility (qualifying commercial or industrial customer).
The act makes adjustments to the requirements for an economic development rate by:
- Requiring that an approved economic development rate not increase costs of electric service for other customers;
- Clarifying that an approved economic development rate does not relieve a utility of its obligation to achieve compliance with greenhouse gas emission reduction requirements;
- Authorizing a utility to apply to the commission for an expansion of the maximum duration of the economic development rate from 10 years to 25 years;
- Expanding the maximum load at a single location of a qualifying commercial or industrial customer for an individual project that does not require commission approval from 20 megawatts to 40 megawatts; and
- Updating the application process required for seeking approval of an economic development rate by requiring that the commission:
- Approve or deny an application within 120 days after a notice period of 14 business days after the application was filed; except that, if the load is more than 150 megawatts, the commission shall approve or deny the application within 210 days after the notice period; and
- Consider the broader economic benefits associated with the application for other classes of utility customers and for the surrounding community.
HB25-1197 – Sale of Electrical Assisted Bicycles Requirements
HB25-1197 | Sale of Electrical Assisted Bicycles Requirements
HB25-1197 | Sale of Electrical Assisted Bicycles Requirements
The act:
- Requires that a seller of an electrical assisted bicycle must make certain disclosures to the purchaser regarding the characteristics of the electrical assisted bicycle;
- Requires that, on or after January 1, 2027, a manufacturer or distributor of a new electrical assisted bicycle must label each electrical assisted bicycle with the highest class or each of the classes in which the electrical assisted bicycle is capable of operation;
- Prohibits a person from selling or offering to sell a vehicle that is not an electrical assisted bicycle if the vehicle is falsely labeled as an electrical assisted bicycle. A violation is a deceptive trade practice under the “Colorado Consumer Protection Act”.
- Prohibits a person from advertising, offering for sale, or selling a vehicle that is not an electrical assisted bicycle by using certain words associated with electrical assisted bicycles without providing a disclosure that the vehicle is not in fact an electrical assisted bicycle. A violation is a deceptive trade practice under the “Colorado Consumer Protection Act”.
- Requires that a lithium-ion battery or a second-use lithium-ion battery (battery) that is part of or intended for use in an electrical assisted bicycle must be certified by an accredited testing laboratory for compliance with certain battery standards and that the certification or name of the accredited testing laboratory must be included on the packaging or documentation for the battery or on the battery itself; and
- Clarifies that a multiple mode electrical assisted bicycle must meet all the requirements applicable to each respective class of electrical assisted bicycle for which the multiple mode electrical assisted bicycle provides for operation.
Currently, “electrical assisted bicycle” is defined as having to conform to one of 3 classes based on the highest achievable speed and type of motor of the electrical assisted bicycle. The act amends the existing definition of “electrical assisted bicycle” to clarify that the following vehicles are not an electrical assisted bicycle:
- A vehicle that is modified so that it no longer meets the requirements for any electrical assisted bicycle class; or
- A vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured so as not to meet all the requirements of an electrical assisted bicycle class.
The act also defines “multiple mode electrical assisted bicycle” to account for electrical assisted bicycles that are capable of switching between different classes.
HB25-1234 – Utility Consumer Protection
HB25-1234 | Utility Consumer Protection
HB25-1234 | Utility Consumer Protection
The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order.
If an individual applies for assistance under the program and the individual’s application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant’s utility service for no more than 60 days while the customer’s application is pending review.
HB25-1245 – Heating Ventilation and Air Conditioning Improvement Projects in Schools
HB25-1245 | Heating Ventilation and Air Conditioning Improvement Projects in Schools
HB25-1245 | Heating Ventilation and Air Conditioning Improvement Projects in Schools
The act requires a school district, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money from the “Infrastructure Investment and Jobs Act” cash fund.
The requirements established in the act concern:
- Ventilation verification assessments, which include assessments of an HVAC system’s filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, and operational controls ;
- The preparation of HVAC assessment reports;
- The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements, suggest pathways to reduce emissions, and estimate associated costs;
- HVAC adjustments, repairs, upgrades, and replacements; and
- The preparation of HVAC verification reports, which must be maintained for at least 5 years and made available to the public upon request.
The act establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the act. A local education provider that undertakes HVAC infrastructure improvements using money from the “Infrastructure Investment and Jobs Act” cash fund must do so using only contractors on the certified contractor list established by the department of labor and employment, unless the local education provider determines that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.
HB25-1267 – Support for Statewide Energy Strategies
HB25-1267 | Support for Statewide Energy Strategies
HB25-1267 | Support for Statewide Energy Strategies
The act requires the director of the division of oil and public safety in the department of labor and employment (division) to adopt rules concerning retail electric vehicle charging that set forth minimum standards relating to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote consistency in the marketplace by July 1, 2026, and to enforce the rules beginning July 1, 2027.
The act broadens the allowable uses of money in the electric vehicle grant fund within the Colorado energy office to include:
- Operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric motor vehicles, including covering the administrative costs of this work; and
- Support for the development and enforcement of retail electric vehicle charging rules by the division.
The act also broadens the allowable uses of money in the community impact cash fund within the department of public health and environment to include environmental equity and cumulative impact analyses.
The act also requires the community access enterprise within the Colorado energy office to reduce the amount of the community access retail delivery fee that it imposes as necessary to ensure that the enterprise does not collect more than $100 million in total fee revenue prior to June 30, 2026.
For the 2025-26 state fiscal year, $225,320 is appropriated to the department of labor and employment for use by the division for personal services and operating expenses. This appropriation is from reappropriated funds received from the office of the governor that are continuously appropriated to the Colorado energy office from the electric vehicle grant fund.
HB25-1269 – Building Decarbonization Measures
HB25-1269 | Building Decarbonization Measures
HB25-1269 | Building Decarbonization Measures
The act updates energy use benchmarking and performance standard requirements for owners of certain buildings (covered building owners), including:
- A requirement to meet 2040 performance standards, as adopted by the air quality control commission (commission), in consultation with the Colorado energy office (office) and in consideration of recommendations made by a task force convened by the office;
- Authorizing an alternative compliance mechanism for covered building owners to comply with certain performance standards; and
- Updating civil penalties owed for a violation of the benchmarking requirements to an amount up to $577 for a first violation and up to $2,300 for each subsequent violation and, on and after January 1, 2030, updating civil penalties owed for a violation of the performance standard requirements to an amount up to $2,300 for every 30 days that the covered building owner is in violation and up to $5,800 for every 30 days for a subsequent violation. The commission shall adopt rules to annually adjust the penalty amounts for inflation.The act also creates a building decarbonization enterprise (enterprise) to provide financial assistance, technical assistance, and other programmatic assistance to covered building owners to effectively and efficiently implement building decarbonization measures, including energy efficiency measures, electrification measures, energy upgrades, and participation in utility on-bill repayment programs. The enterprise is authorized to impose and collect from covered building owners an annual building decarbonization fee to cover the enterprise’s costs in providing the financial, technical, and programmatic assistance. The fees are credited to the building decarbonization enterprise cash fund (cash fund) for use by the enterprise to implement the act.The act clarifies that a local government is not required to adopt an energy code solely as a result of having adopted a wildfire resiliency code.For state fiscal year 2025-26, $3 million is appropriated from the cash fund to the office of the governor for use by the office for the enterprise’s implementation of the act.
HB25-1280 – Advanced Leak Detection Technology Rules
HB25-1280 | Advanced Leak Detection Technology Rules
HB25-1280 | Advanced Leak Detection Technology Rules
In 2021, Senate Bill 21-108 “Concerning gas pipeline safety” was enacted, requiring the public utilities commission (commission) to adopt rules related to gas pipeline safety and repair, including rules related to advanced leak detection technology. The act requires the commission to adopt the rules regarding advanced leak detection technology on or before November 1, 2025.
HB25-1281 – Title Register & Drive Kei Vehicles
HB25-1281 | Title Register & Drive Kei Vehicles
HB25-1281 | Title Register & Drive Kei Vehicles
A kei vehicle is the smallest road-legal, 4-wheeled vehicle in Japan and is imported into the United States as a used vehicle. The act defines a kei vehicle as a motor vehicle for the purposes of the “Uniform Motor Vehicle Law” and the “Certificate of Title Act”. These acts govern issuing a certificate of title, registering a motor vehicle, and the rules of the road for motor vehicles. The act authorizes a kei vehicle to operate on the roads and requires a kei vehicle to be issued a certificate of title, be registered, and obey motor vehicle traffic laws.
Driving a kei vehicle on a roadway that has a speed limit greater than 55 miles per hour or on a limited-access highway is prohibited.
For emissions testing, a kei vehicle is tested not using a dynamometer but using a 2-speed idle test. The vehicle must pass the emissions standards for the year it was manufactured.
The department of revenue, the Colorado state patrol, and the agents or contractors of these agencies may not require a vehicle to have an inspection because it is a kei vehicle or has the design or manufacturing parameters of a kei vehicle. And a kei vehicle may not be declared not roadworthy because of its design or manufacturing parameters.
Kei vehicles are included in the motor vehicle dealer and powersports vehicle dealer statutes, and this requires a person to be licensed as a dealer to sell kei vehicles at retail.
HB25-1292 – Transmission Lines in State Highway Rights-of-Way
HB25-1292 | Transmission Lines in State Highway Rights-of-Way
HB25-1292 | Transmission Lines in State Highway Rights-of-Way
The act allows a transmission developer to co-locate longitudinally high voltage transmission lines within a state highway right-of-way (right-of-way), according to a process developed by rule by the department of transportation (department). Upon the request of a transmission developer, the department is required to provide to the transmission developer the best available information on potential future state highway development projects that could impact the placement of a high voltage line within a right-of-way. If the department and a transmission developer agree that a site may be suitable for high voltage line development and preconstruction requirements are approved, the transmission developer is required to provide a constructability, access, and maintenance report that includes mitigation strategies for potential impacts of the proposed high voltage line.
Beginning on January 1, 2027, a transmission developer is required to make a report with the following information available on a public-facing website within 30 days of filing for a local permit for the construction or development of high voltage lines:
- A description of the analysis undertaken for route selection;
- An evaluation of the economic impacts, engineering considerations, and reliability of the electric system; and
- Information demonstrating that, in assessing potential sites for the placement of high voltage lines, a transmission developer has considered or is considering development sites in the following order of priority: First, existing utility corridors; second, rights-of-way; and last, new utility corridors.
A transmission developer is not required to select an existing utility corridor or a right-of-way for development of high voltage lines. A transmission developer seeking to locate a high voltage line within a right-of-way within the exterior boundaries of an Indian reservation is required to obtain the written consent of the applicable tribal government. A transmission developer is required to compensate the department for its co-location of high voltage lines in a right-of-way, either through a public-private initiative or by paying surcharges as established by the department by rule.
The act also requires the Colorado electric transmission authority, through a public-private partnership and in collaboration with the department, the Colorado energy office, the Colorado public utilities commission, and other state agencies, including the division of parks and wildlife, to study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development and to publish and share with specified state agencies a report on the findings of the study.
The act also aligns the definition of a real estate appraiser with federal law.
SB25-005 – Worker Protection Collective Bargaining
SB25-005 | Worker Protection Collective Bargaining
SB25-005 | Worker Protection Collective Bargaining
The act eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process.
VETOED by Governor 5/16/2025
SB25-015 – Wildfire Information & Resource Center Website
SB25-015 | Wildfire Information & Resource Center Website
SB25-015 | Wildfire Information & Resource Center Website
The act requires the division of fire prevention and control, which hosts the wildfire information and resource center website and provides information regarding active wildfires on the website, to include hyperlinks to websites that display emergency information and wildfire updates for each county in Colorado and to coordinate with county governments in order to provide the hyperlinks.
SB25-026 – Adjusting Certain Tax Expenditures
SB25-026 | Adjusting Certain Tax Expenditures
SB25-026 | Adjusting Certain Tax Expenditures
The act adjusts several tax expenditures and adds purpose statements to other tax expenditures as follows:
- Section 1 of the act disallows the income tax credit for unsalable alcohol after December 31, 2025, and repeals the credit on December 31, 2030;
- Section 2 extends the 10% of purchase price income tax credit for income tax years commencing before January 1, 2025, for a purchaser who installs an energy storage system in a residential dwelling to include subsequent income tax years commencing before January 1, 2027, and extends the repeal of the credit from January 1, 2028, to January 1, 2030.
- By amending a definition of “agricultural compounds” that is incorporated into the definition of “wholesale sale” used for purposes of the sales and use tax statutes, section 3 exempts from sales and use tax soil conditioners, plant amendments, plant growth regulators, mulches, compost, soil used for aboveground production of agricultural commodities, manure, fish for non-stocking purposes, fish embryos, and fish eggs beginning January 1, 2026;
- Section 4 states that the purpose of the insolvency assessments paid insurance premium tax credit is to offset the cost for an insurer paying required assessments into the life and health insurance protection association and that the credit’s effectiveness is measured by how many eligible insurers claim the credit and the amount claimed relative to payments into the life and health insurance protection association;
- Sections 5 and 6 state that the purpose of the state refund income tax subtraction is to avoid re-taxing a taxpayer’s state income tax refund when a state refund is required to be included as income on the taxpayer’s federal return pursuant to the internal revenue code and that the effectiveness of the deduction is measured by the number of taxpayers claiming the deduction and the total amount of state refunds claimed as subtractions from Colorado taxable income;
- Section 7 states that the purpose of the dyed special fuels and off-road fuel tax excise tax exemption is to entirely exclude dyed diesel or kerosene from the special fuels excise tax where the dyed fuel is used for specified off-road purposes or by governmental entities and that the effectiveness of the exemption is measured by the number of taxpayers claiming the exemption and the amount of tax that would have been paid without the exemption;
- Section 8 states that the purpose of the off-road fuel use refund is to compensate taxpayers who buy and pay the tax on otherwise taxable fuels for the purpose of using the fuels for specified non-taxable purposes under federal law and that the effectiveness of the refund is measured by the number of taxpayers claiming a refund and the amount of tax that was already collected and is refunded;
- Section 9 states that the purpose of the wholesale sale exemption from sales tax is to ensure that sales tax is levied and collected only on a final end sale to a retail consumer and not on wholesale sales and that the effectiveness of the wholesale exemption from sales tax is measured by the number of taxpayers claiming the wholesale exemption from tax and the amount of tax liability not paid;
- Section 10 extends the availability of the biotechnology sales and use tax refund by 1 year to include calendar years beginning before January 1, 2027; and
- Section 11 clarifies that the temporary property tax valuation for assessment reduction for qualified-senior primary residence real property is available whether or not the state has sufficient excess revenues to pay for it.
For the 2025-26 state fiscal year, $13,137 is appropriated from the general fund to the department of revenue for implementation of the act.
SB25-030 – Increase Transportation Mode Choice Reduce Emissions
SB25-030 | Increase Transportation Mode Choice Reduce Emissions
SB25-030 | Increase Transportation Mode Choice Reduce Emissions
The act requires the department of transportation (department), no later than July 1, 2026, and in coordination with local governments and transit agencies, to create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access on state highways and rights-of-way that are controlled and maintained by the department.
No later than July 1, 2026, metropolitan planning organizations must create a transit and active transportation project inventory that identifies gaps in transit, bicycle, and pedestrian infrastructure and access within the network of regionally significant roadways and rights-of-way that are typically subject to planning and programming by the metropolitan planning organization.
No later than October 31, 2026, the department and the metropolitan planning organizations must present a report to the transportation legislation review committee on the transit and active transportation project inventories (inventories) created, including an assessment of existing and potential funding sources for the projects listed in the inventories. The department and metropolitan planning organizations must update the inventories as part of the planning processes for the regional and statewide transportation plans and must use the inventories to inform those plans, other transit service plans, and transportation improvement programs.
No later than July 1, 2026, the department must develop clear definitions for roadway capacity investments and state-of-good-repair investments.
No later than December 31, 2025, a local government with a population of 5,000 or more that is within a metropolitan planning organization must submit to its metropolitan planning organization all planned transit, bicycle, and pedestrian projects included in any transportation, capital, or other plan. The act also allows a local government to:
- Adopt goals for the share of total trips within a specified geographic area completed using certain transportation methods;
- Submit local transportation demand management strategies to its metropolitan planning organization; and
- Collaborate with the department, its metropolitan planning organization, and transit agencies to identify unfinished transit, bicycle, and pedestrian projects in certain transit areas and to prioritize such projects based on each project’s potential to increase transportation mode choice, project vulnerable road users, reduce vehicle miles traveled and greenhouse gas emissions, and improve access to nondriving transportation options in disproportionately impacted communities.
The act also clarifies that the Moffat tunnel improvement district is controlled and managed by the department of transportation rather than the department of local affairs.
SB25-037 – Coal Transition Grants
SB25-037 | Coal Transition Grants
SB25-037 | Coal Transition Grants
The act requires the office of just transition (office) in the department of labor and employment to prioritize awarding funding to support tier one and tier 2 coal transition communities experiencing socioeconomic impacts of coal closures and for opportunities for economic diversification, local community input, feasibility studies of specific proposed projects, and needs assessments. The office is required to use money appropriated to the just transition cash fund after July 1, 2025, to support programs that support targeted investment in coal transition communities by collaborating with coal transition communities and eligible entities, state and regionally recognized governmental and economic development entities, employee organizations that represent coal transition workers, and workers who are not affiliated with employee organizations to implement the most effective projects and programs for those communities.
The act requires the office to annually report to the joint budget committee and at the annual “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” hearings of the senate local government and housing committee and the house transportation, housing, and local government committee about the grants awarded by the office during the preceding state fiscal year, their recipients, and the purpose for which they were awarded.
A public entity may invest public funds only as allowed by law. The act specifies that the investment of a payment or settlement to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station is not subject to these investment limitations.
The act allows the executive director of the department of local affairs to establish a policy preference for awarding up to 70% of the money credited to the local government severance tax fund to just transition communities for a 3-year period beginning January 1, 2026.
The act extends the deadline for the submittal by the director of the Colorado energy office of the findings and conclusions of assessments of advanced energy solutions in the northwestern and west end of Montrose county and in southeastern Colorado from July 1, 2025 to December 19, 2025, and makes the requirement that the findings and conclusion be submitted contingent on the director having sufficient federal money to support the submittal.
SB25-039 – Agricultural Buildings Exempt from Energy Use Requirements
SB25-039 | Agricultural Buildings Exempt from Energy Use Requirements
SB25-039 | Agricultural Buildings Exempt from Energy Use Requirements
Under current law, owners of certain large buildings (covered buildings) are required to annually collect and report each covered building’s energy use to the Colorado energy office.
The act clarifies that agricultural buildings are not covered buildings, and therefore, owners of agricultural buildings are exempt from the energy use collecting and reporting requirements. The act defines an agricultural building as a building or structure used to house agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process. Agricultural implements include certain agricultural equipment and do not include implements that are primarily for rent or sale.
The act permits an owner of an agricultural building to submit for an affirmative exemption from any requirement to report benchmarking data and for an exemption to remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building. For the duration of an exemption, the owner of an agricultural building is required to certify, upon request, the exemption status of an exempt building.
SB25-055 – Youth Involvement in Environmental Justice
SB25-055 | Youth Involvement in Environmental Justice
SB25-055 | Youth Involvement in Environmental Justice
The environmental justice advisory board in the department of public health and environment (advisory board) advises the environmental justice ombudsperson, develops recommendations related to adverse environmental effects on disproportionately impacted communities, and supports the implementation of a grant program to finance environmental mitigation projects. The act adds to the advisory board a voting youth member and a nonvoting youth member, which members are between 14 and 21 years of age.
The act also requires the Colorado energy office (office), on or before December 31, 2025, to develop and post on its website best practices for the adoption and financing of clean energy resources in schools. The office is required to periodically update the best practices and post the updates on its website.
SB25-161 – Transit Reform
SB25-161 | Transit Reform
The act makes the following changes for the purpose of improving the performance of the regional transportation district (RTD):
- Authorizes RTD to enter into a service partnership agreement with a local government, institution of higher education, business or housing entity, or special district to expand services within RTD’s service territory or beyond the boundaries of RTD as authorized by law;
- Requires RTD, in discharging its responsibilities, to:
- Align with statewide greenhouse gas reduction targets, “Transportation Vision 2035” goals, and mode choice targets;
- Create worker retention goals;
- Adhere to the requirements of “General Directive 24-1: Required Actions Regarding Assaults on Transit Workers”, issued on September 25, 2024, by the federal transit administration of the United States department of transportation; and
- Develop performance measures to evaluate its progress in aligning with state climate goals and achieving its worker retention goals;
- Requires RTD to report to the transportation legislation review committee (TLRC) on or before December 15, 2025, on RTD’s 5-year financial forecast, debt capacity, and use of agency reserve accounts;
- Requires RTD, in coordination with the department of transportation, the Denver regional council of governments, and local governments within RTD’s service territory, to create a 10-year strategic plan no later than September 30, 2026, and a comprehensive operational analysis no less frequently than every 5 years beginning on April 10, 2026, and to report quarterly to the RTD board of directors regarding the plan and analysis. RTD is also required to annually report to the TLRC on its progress in delivering the projects identified in the 10-year strategic plan and the comprehensive operational analysis.
- Requires RTD, in conjunction with the creation of its 10-year strategic plan, to study or contract with a third party to study and identify opportunities to increase funding to achieve the goals, measures, and targets identified in the 10-year strategic plan;
- Requires RTD to create, maintain, and publish on its website information and dashboards related to capital projects, ridership and service information, planned service changes, workforce statistics, and transit safety;
- Requires RTD to update its service policies and standards, its equitable transit-oriented development policy, and its service buy-up policy, to create specific communication protocols, and to implement parking and transportation demand management strategies and policies;
- Requires RTD to report to the governor, general assembly, the TLRC, and the RTD board by December 2025 on its work to achieve the transportation expansion routes identified in the transportation expansion plan, including the north lines. If RTD has not completed and begun service by January 1, 2029, on the fixed guideway mass transit system proposed in the transportation expansion plan, RTD is required to report to the governor and the transportation committees of the general assembly every 6 months until service begins.
- Requires RTD to periodically notify the Denver regional council of governments and the department of local affairs of any known infrastructure gaps that exist within a transit center of a transit-oriented community within RTD’s service territory;
- Requires RTD to modernize, advertise, and conduct outreach about its EcoPass programs and to report to the transportation committees of the general assembly about its efforts;
- Clarifies the powers and duties of the RTD board of directors; and
- Prohibits write-in candidates for the RTD board of directors.
The act also requires other entities to analyze opportunities for the improvement of transit services by:
- Requiring certain residential and mixed-use developments to survey their residents about their interest in having the development provide annual pre-paid RTD transit passes via the EcoPass program, if the development does not already provide bulk-purchased EcoPasses. If a majority of residents express interest in bulk-purchased EcoPasses, the development is required to enroll in the EcoPass program for its residents.
- Requiring the transportation commission, on or before March 31, 2026, to develop and publish best practices and technical assistance materials concerning the creation of regional transportation authorities to increase funding for transit and to provide additional transit services within the state; and
- Creating an RTD accountability committee within the Colorado energy office that consists of 15 appointed members, including 14 voting members and one ex officio nonvoting member, whose work is intended to build upon the work of the previous RTD accountability committee created in 2020. On or before January 30, 2026, the committee is required to provide recommendations to the transportation committees of the general assembly concerning:
- The governance structure and compensation of the RTD board and executive leadership;
- Paratransit services within RTD;
- The representation of local governments and state agencies within RTD; and
- RTD’s labor and workforce standards and workforce retention.
The act also makes changes to the information that an eligible entity is required to provide to the clean transit enterprise after being awarded money from the local transit operations cash fund.
For the 2025-26 state fiscal year, $146,720 is appropriated from the general fund to the office of the governor for use by the Colorado energy office for program administration.
SB25-163 – Battery Stewardship Programs
SB25-163 | Battery Stewardship Programs
SB25-163 | Battery Stewardship Programs
The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries.
On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization.
The act specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person.
A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted by the department to the general assembly on or before March 1, 2028.
On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The act also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports.
A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department’s cost of implementing, administering, and enforcing the act’s requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule.
On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that:
- Identify the producer of the batteries; and
- Include certain information to ensure the proper collection and recycling of the batteries.
Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill.
The department will enforce violations of the act’s requirements pursuant to the enforcement process for the state hazardous waste management program.
SB25-181 – Sunset Just Transition Advisory Committee
SB25-181 | Sunset Just Transition Advisory Committee
SB25-181 | Sunset Just Transition Advisory Committee
The act continues the just transition advisory committee (advisory committee) until September 1, 2030. Prior to its repeal, the department of regulatory agencies will conduct a sunset review of the advisory committee.
The act requires the just transition office in the department of labor and employment (office) to consult with the advisory committee on issues related to the impact of facility closures and job layoffs in coal-related industries in a manner that best ensures continued economic stability and prosperity for impacted workers and communities during and after the transition away from coal as an economic driver. The office is also directed to develop and implement plans to maximize the economic stability and prosperity of coal workers and communities.
When the general assembly created the advisory committee in 2019, the advisory committee was required to develop a draft just transition plan (plan) before July 1, 2020. The act repeals obsolete references to the development of the plan and requires the director of the office to update the plan as needed.
The act increases the number of coal transition workers appointed to the advisory committee from 3 to 5 and requires that at least one advisory committee member works at a coal mine and at least one member works at an electric utility.
SB25-182 – Embodied Carbon Reduction
SB25-182 | Embodied Carbon Reduction
SB25-182 | Embodied Carbon Reduction
Embodied carbon is the carbon associated with greenhouse gas emissions arising from the production, construction, use, and end-of-life of products or systems used in the construction of buildings, roads, and other infrastructure.
Section 1 of the act adds embodied carbon improvements to the list of new energy improvements that are eligible for property-assessed clean energy financing provided by the Colorado new energy improvement district. An embodied carbon improvement is one or more installations or modifications to real property using eligible materials that result in the reduction of the installation’s or modification’s embodied carbon emissions.
Section 2 modifies the industrial clean energy tax credit so that embodied carbon investments are greenhouse gas emissions reduction improvements that, if certified, are eligible for the credit for a portion of the capital costs incurred in placing them in service. An embodied carbon investment is one that results in a 15% or greater reduction in cradle-to-gate embodied emissions of eligible materials when compared to the eligible materials’ cradle-to-gate baseline.
SB25-306 – Performance Audits of Certain State Agencies
SB25-306 | Performance Audits of Certain State Agencies
SB25-306 | Performance Audits of Certain State Agencies
The act requires the state auditor to conduct or cause to be conducted performance audits (audits) of the air pollution control division in the department of public health and environment and the division of unemployment insurance in the department of labor and employment (divisions). The audits will determine whether each of the divisions effectively and efficiently performs and fulfills its statutory obligations. In addition, as part of the audits, the state auditor is required to:
- Determine whether a division complies with statute and its statutory purpose;
- Assess the impact of a division’s processes on providing access to program benefits and, for the labor and employment division audit only, identify any division processes that may be unnecessary, unreasonable, or cause delays;
- Determine whether a division’s staffing and funding levels are sufficient for it to efficiently and effectively perform its statutory duties and responsibilities, which, in for the air pollution control division audit only, must include assessment of how funding or staffing changes made at the state level might impact local governments; and
- Determine whether a division requested and was appropriated additional resources and whether the approval or denial of such a request impacted program implementation and timing of implementation.
The initial audit of the air pollution control division must begin and be completed in calendar year 2026, with an additional audit occurring in calendar year 2031. The initial audit of the division of unemployment insurance must begin and be completed in calendar year 2027, with an additional audit occurring in calendar year 2032. Upon completion of an audit, the state auditor is required to submit a written audit report to the legislative audit committee.
2024
Governor Polis Greenhouse Gas Pollution Reduction Roadmap 2.0
HB24-1346 Energy & Carbon Management Regulation
HB24-1346 | Energy & Carbon Management Regulation
HB24-1346 | Energy & Carbon Management Regulation
The bill expands the following energy and carbon management law areas to include geologic storage operations and direct air capture facilities: Enforcement and civil penalty procedures; Use of the ECMC cash fund by the commission; Mitigation of adverse environmental impacts by the commission or an operator; and State agency and local government authority over oil and gas development.
The ECMC is required to adopt rules related to the permitting and regulation of direct air capture facilities. When reviewing an application for a direct air capture facility, the commission must consider whether a setback of the DAC facility from certain areas is necessary and reasonable to protect and minimize adverse impacts.
The bill also establishes that: Ownership of pore space necessary for geologic storage (air pockets in the dirt) is vested in the owner of the overlying surface estate; The order to pool pore space for CCS must include terms and conditions that are just and reasonable and establish a plan for operations of the geologic storage unit (plan). An order is effective only if the plan has been approved by those persons that collectively own at least 75% of the pore space. The bill also allows a local government to request that the director of the commission appoint a technical review board to assist a local government in analyzing and answering any technical questions regarding the local government’s land use regulations.
The bill also requires the CDPHE to develop CO2 accounting procedures for CCS and DAC. The ECMC and the CDPHE must also work collaboratively to address air emissions from direct air capture facilities and geologic storage operations.
HB24-1370 Reduce Cost of Use of Natural Gas
HB24-1370 Reduce Cost of Use of Natural Gas
HB24-1370 Reduce Cost of Use of Natural Gas
The bill requires the Colorado energy office to issue a request for information by December 1, 2024, to solicit interest from local governments that are served by a dual-fuel utility (utility) in becoming a gas planning priority community (community). A gas planning priority community is defined in the bill as a local government in which constituents have gas service provided by a dual-fuel utility that formally indicates an interest in working with the utility to mutually explore opportunities for neighborhood-scale alternatives projects.
A neighborhood-scale alternatives project geographically targets decommissioning of a portion of the gas distribution system or avoids expanding the gas distribution system in order to serve new construction projects and provides substitute energy service to buildings within the project area that is cost-effective and reduces future greenhouse gas emissions required to serve buildings.
The Colorado energy office and the utility must also file a draft agreement between the utility and a proposed community to identify and pursue a neighborhood-scale alternatives project. The commission must approve or modify the list of proposed communities by June 30, 2025. The bill requires the utility to work with an approved community to rank neighborhood-scale alternatives projects and, before June 1, 2026, to submit at least one neighborhood-scale alternatives project in each community to the commission for approval or an explanation of why no neighborhood-scale alternatives project will be pursued in a community. The commission must allow the utility to recover costs incurred from the implementation of a neighborhood-scale alternatives project.
SB24-207 Access to Distributed Generation
SB24-207 Access to Distributed Generation
SB24-207 Access to Distributed Generation
Before February 1, 2027, Xcel and Black Hills must make an additional 50 megawatts of inclusive community solar capacity available, plus any unclaimed capacity left over from the previous allocation cycle, and all other utilities must make an additional 4 megawatts of inclusive community solar available.
Must also reserve at least 51% of its capacity for income-qualified subscribers; Not allocate more than 40% of the new facility’s capacity to a single subscriber; and Supply to a subscriber of the new facility no more than 120% of the expected average annual total consumption of electricity by the subscriber. Also provides low-income customers at least 25% of the value of the community solar bill credit; 30% of the value of the community solar bill credit if the new facility receives federal tax credits from the federal “Inflation Reduction Act of 2022” for the specific purpose of being located in an energy community; and 50% of the value of the community solar bill credit if the new facility receives federal tax credits from the federal “Inflation Reduction Act of 2022” specifically for providing income-qualified households with utility bill assistance.
Xcel/Black Hills must acquire 50 megawatts of distributed generation paired with energy storage by June 1, 2026, and an additional 50 megawatts of distributed generation paired with energy storage between January 1, 2027, and June 1, 2027.
SB24-212 Local Govs Renewable Energy Projects
SB24-212 Local Govs Renewable Energy Projects
SB24-212 Local Govs Renewable Energy Projects
The bill requires the energy and carbon management commission in the department of natural resources, at the request of a local government or tribal government, to provide technical support concerning: The development of local codes governing wind, solar, energy storage, and energy transmission projects (renewable energy projects); or The review of proposed renewable energy projects.
For all renewable energy projects, at the request of an owner or operator of a renewable energy facility (facility owner), local government, or tribal government, the division of parks and wildlife shall provide the facility owner, local government, or tribal government a set of best management practices for renewable energy projects. The best management practices may be incorporated into project plans at the discretion of the facility owner, local government, or tribal government. The division shall also identify project-specific habitat impacts and high-priority habitats based on the best available science.
The bill requires the Colorado energy office, in cooperation with the department of local affairs and the department of natural resources, to develop a repository of model codes and ordinances for renewable energy projects for the purpose of providing conceptual frameworks that local governments and tribal governments may consider and adapt to suit local circumstances and address local energy resources. On or before September 30, 2025, the Colorado energy office must submit to the general assembly a report that evaluates local government processes to determine whether reasonable pathways for renewable energy siting exist in areas with suitable wind and solar resources.
SB24-218 Modernize Energy Distribution Systems
SB24-218 Modernize Energy Distribution Systems
SB24-218 Modernize Energy Distribution Systems
The bill requires the office of future of work to create a grant program, in coordination with the Colorado energy office, for lineworker apprenticeship programs.
The bill also requires an investor-owned electric utility that serves 500,000 customers or more in the state (qualifying retail utility) to upgrade the qualifying retail utility’s distribution systems as necessary to support the: Achievement of the state’s beneficial and transportation electrification and decarbonization goals; and Implementation of federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations (decarbonization targets and standards).
A qualifying retail utility is required to identify interconnection and load hosting capacity for distributed energy resources for disproportionately impacted communities within its service territory.
Current law requires certain utilities to file a distribution system plan (plan) with the commission. The bill also requires the plans of a qualifying retail utility to create sufficient hosting capacity across its electrical distribution system to support the implementation of the decarbonization targets and standards and certain other laws, rules, plans, and policies.
In developing a plan, a qualifying retail utility must consult with and provide compensated opportunities to disproportionately impacted communities.
No later than February 1, 2025, a qualifying retail utility is required to create and file with the commission an application to implement a virtual power plant program, including a tariff for performance-based compensation for a qualified virtual power plant. The virtual power plant program and tariff must include and implement certain requirements. A qualifying retail utility may apply to recover certain business costs to facilitate a virtual power plant program through the grid modernization adjustment clause.
By January 1, 2025, a qualifying retail utility is required to file a plan with the commission to implement programs for the undergrounding of utility distribution infrastructure (undergrounding) in nonfranchised areas in the state using 1% of an area’s gross electric revenues from the prior year. A qualifying retail utility must also consider the public benefit of undergrounding in its plans.
SB24-229 Ozone Mitigation Measures
SB24-229 Ozone Mitigation Measures
SB24-229 Ozone Mitigation Measures
Requires the CDPHE to propose rules to the air quality control commission (commission) to reduce certain emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations in certain areas of the state by 50% by 2030 relative to 2017 NOx emission levels between May-September and must begin to consider NOx by 9/30/24.
Requires the division to prepare an annual air quality enforcement benchmark report to summarize the division’s statewide enforcement actions, including civil penalties assessed.
Authorizes the director of the energy and carbon management commission (ECMC) to hire at least 2 community liaisons to serve as dedicated resources for disproportionately impacted communities.
The bill expands the ECMC’s enforcement authority to include revoking an operator’s license to conduct oil and gas operations and expands the types of violations that are subject to suspension of all of the operator’s permits and certificates of clearance and the operator’s license to conduct oil and gas operations to include violations resulting in a penalty of $1,000,000 or more, violations that cause a major adverse impact, as defined by the ECMC by rule, and violations that cause death or serious bodily injury.
Section 13 expands the scope of the orphaned wells mitigation enterprise to help finance the plugging, reclamation, and remediation of marginal wells and wells in DICs that are at the highest risk of becoming orphaned.
SB24-230 Oil & Gas Production Fee
SB24-230 Oil & Gas Production Fee
SB24-230 Oil & Gas Production Fee
The bill requires the clean transit enterprise (enterprise) to impose an O&G production fee for clean transit (production fee for clean transit) to be paid quarterly by every producer of oil and gas in the state (producer). The production fee for clean transit applies to all oil and gas produced by the producer in the state on and after July 1, 2025.
The state treasurer must first credit the costs to the department of revenue for administering the production fees for clean transit and then credit the remaining production fees for clean transit in the following manner: 70% to the local transit operations cash fund to be used for expanding local transit service and prioritizing transit improvements in certain communities; 10% to the local transit grant program cash fund to be used for providing competitive grants to certain eligible entities for expenses associated with providing public transportation; and 20% to the rail funding program cash fund to be used for passenger rail projects and service.
The bill also requires the regional transportation district to prioritize completion of the northwest rail line to Longmont and the north lines of the transportation expansion plan adopted by the regional transportation board (plan).
The bill also requires the division of parks and wildlife (division) to impose a production fee for wildlife and land remediation.
2023
HB23-1210 Carbon Management
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.
- “Carbon management” is defined by the act as any combination of carbon dioxide removal, carbon storage, carbon capture, and carbon utilization.
- The act ensures that carbon management projects, except for agricultural, forestry, and enhanced oil recovery projects, are eligible for money under the industrial and manufacturing operations clean air grant program.
- The act also requires the Colorado energy office (office), in collaboration with the office of economic development and the department of public health and environment, to contract with an organization for the development of a carbon management roadmap for the state. The office is required to ensure that the roadmap functions in concert with other state targets, teams, and documents related to greenhouse gas and carbon. The roadmap must include: Specified economic sectors; necessary infrastructure to support carbon management; specified types of policies and incentives; identification of the state agency best positioned to carry out a potential policy regime of carbon management; public interest, legislative, and administrative policy recommendations; and criteria for carbon management project selection.
HB23-1233 Electric Vehicle Charging And Parking Requirements
HB23-1233 | Electric Vehicle Charging And Parking Requirements
HB23-1233 | Electric Vehicle Charging And Parking Requirements
Requiring the state electrical board to adopt rules facilitating electric vehicle charging at multifamily buildings.
- Adds multiunit buildings to those that must comply with the solar/EV ready code to comply with EV infrastructure.
- No property taxes on Charging Stations until 2030
- Allows for charging stations along interstate highways.
HB23-1247 Assess Advanced Energy Solutions In Rural Colorado
HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado
HB23-1247 | Assess Advanced Energy Solutions In Rural Colorado
- Concerning a requirement that the Colorado Energy Office (CEO) conduct studies to assess advanced energy solutions in rural Colorado.
- AES defined as geothermal, SMR Nuclear, Fracked Gas CCS, long-term storage, wind/solar + storage and ‘other firm energy’ sources.
- Final bill added wind and solar + storage to the study, and includes the impacts on DI Communities and electricity costs as a factor.
- Includes the pursuit of added transmission capacity in Southern Colorado, particularly in the San Luis Valley and SE Plains.
HB23-1252 Thermal Energy
HB23-1252 | Thermal Energy
Concerning the implementation of measures to advance thermal energy service.
- Authorizes the CEO to award grants for retrofitting existing buildings for installation of a geothermal system for heating and cooling and for generating geothermal energy through direct air capture (DAC) technology under the geothermal electricity generation grant that the office administers.
- Section 4 adds thermal energy as an eligible clean heat resource for helping to meet clean heat targets.
- Utilities that serve more than 500,000 customers are required to propose pilot thermal energy network projects for the commission’s review and approval.
- This really reduces the reliance—if implemented—on fracked gas for heating/cooling, and offers a grid-independent 24/7/265 HVAC environment for large buildings.
- Gives the ECMC control. State tax credits for implementation in HB23-1272
HB23-1272 Tax Policy That Advances Decarbonization
HB23-1272 | Tax Policy That Advances Decarbonization
HB23-1272 | Tax Policy That Advances Decarbonization
Tax credits for EVs & med/heavy duty trucks; for industrial facilities to reduce GHGs, for geothermal energy projects, for heat pumps, for e-bikes, and for sustainable aviation fuel; and decreasing the tax credit for oil and gas production to pay for it all.
- State tax credit of $5,000 beginning now for the purchase or lease of an electric vehicle under $80K for and $12K for light trucks/SUVs through 2025 in surplus years
- Extra $2,500 for EV purchase under $35K beginning 1/1/24 (to attract low-income buyers).
- E-bikes get $1,000 credit + $100 for equipment (like locks/helmuts) + $300 for cargo bike
- Air/Ground Heat pumps and heat pump water heaters 10% credit reduced to end 1/1/24 instead of 1/1/25. Starting 1/1/24 air drops to $1,500 through 2025 then steps down; ground drops to $3K then steps down, heat pump water heaters drop to $500.
- Multi-unit or campus get a credit based on per ton capacity up to 100 tons and incudes geothermal.
- 30% industrial GHG reduction tax credit up to $1M (specific methods on page 19/20) includes hydrogen, CC, biomethane, storage, CDR & DAC, as long as it reduces emissions by at least 20%
- Geothermal systems up to $35M and for electricity generation using geothermal up to $.003/KwH up to $1M
- Sustainable aviation fuel facilities get 30% 2024-2027 then steps down until 2033
- Discount on Class A/B fleet vehicles of 50% or 60% of purchase price depending on weight
- The bill decreases the tax credit for oil and gas production from 87.5% to 75%, then steps down. Requires a study on permanent changes to their severance (the amount they pay to extract fossil fuels) tax structure.
HB23-1281 Advance The Use Of Clean Hydrogen
HB23-1281 | Advance The Use Of Clean Hydrogen
HB23-1281 | Advance The Use Of Clean Hydrogen
Concerning measures to advance the use of clean hydrogen in the state.
- Designed to support utilities’ use of hydrogen for storage and electricity creation instead of fracked gas and buying LNG on the spot market
- Requires Cumulative Impacts analysis including comparing to alternative renewables including lifetime GHGs
- Looks for ways to sell green (as oppose to ‘clean’) hydrogen
HB23-1294 Pollution Prevention Measures
HB23-1294 | Pollution Prevention Measures
HB23-1294 | Pollution Prevention Measures
Concerning measures to protect communities (particularly those in the nonattainmemt zone) from pollution. | Gutted, then amended some more. Critically important provisions remain, which include
- The Commission shall review, consider, and include addressable impacts to climate, public health, the environment, air quality, water quality, noise, odor, wildlife, and biological resources, and to Disproportionally Impacted Communities (DICs) as defined in CRS Section 24-4-109 (2)(b)(II).
- Impacts to Climate means quantification of emissions of greenhouse gases, as defined in CRS Section 25-7-140 (6), that occur from sources that are controlled or owned by the Operator and reasonably foreseeable truck traffic at an oil and gas location.
SB23-016 Greenhouse Gas Emission Reduction Measures
SB23-016 - Greenhouse Gas Emission Reduction Measures
SB23-016 - Greenhouse Gas Emission Reduction Measures
- Requires insurance companies to do climate risk disclosures;
- Requires an annual climate risk assessment from PERA;
- Expands ability to add electricity transmission equipment and sets penalties for bad customer service of interconnected equipment (Solar and EV);
- provides 30% discount on electric lawn equipment; see CCUS for more, and:
- Adds a 65% reduction in GHGs over 2005 levels by 2035, 75% by 2040 and 95% by 2045 benchmark, and ups the 90% by 2050 to 100%
SB23-092 Agricultural Producers Use Of Agrivoltaics
SB23-092 | Agricultural Producers Use Of Agrivoltaics
SB23-092 | Agricultural Producers Use Of Agrivoltaics
Concerning opportunities for voluntary emission reductions in agriculture. | In support of the use of agrivoltaics, which is the integration of solar energy generation facilities with agricultural activities.
- On or before 9/1/23 convene a study with Dept of Ag (CDA), the Colorado energy office (CEO), and the division of parks and wildlife (DPW), to evaluate the opportunities and challenges associated with agrivoltaics in the state. By 2/15/24, the task force is required to present the results of the study to Ag legislative committees.
- The Colorado water conservation board (CWCB) , in consultation with the state engineer, the Colorado energy office, and the Colorado water institute, to study the feasibility of using aquavoltaics, which are solar energy generation facilities placed over, or floating on, irrigation canals or reservoirs.
- Requires the DPW to consult on the impacts on wildlife.
- Exempts personal property acquired for agrivoltaics (like drip irrigation and alternative farm equipment) from personal property tax.
SB23-198 Clean Energy Plans
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.
- Ensures the entire utility sector (not just investor owned utilities) will actually achieve 80% reduction in GHGs by 2030
- Gives them state assistance if the plans they submit don’t meet the state’s goals
SB23-285 Energy And Carbon Management Regulation In Colorado
SB23-285 | Energy And Carbon Management Regulation In Colorado
SB23-285 | Energy And Carbon Management Regulation In Colorado
Concerning energy and carbon management regulation in Colorado, and, in connection therewith, changing the name of the oil and gas conservation commission (COGCC) to the energy and carbon management commission (ECMC) and broadening the commission’s regulatory authority to include the regulation of certain geothermal resource operations and intrastate underground natural gas storage facilities.
2022
HB22-1244 Public Protections From Toxic Air Contaminants
HB22-1244 | Public Protections From Toxic Air Contaminants
HB22-1244 | Public Protections From Toxic Air Contaminants
The bill creates a new program to regulate a subset of air pollutants, referred to as “toxic air contaminants”, which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (AQCC) designates by rule as a toxic air contaminant based on its adverse health effects.
- Beginning no later than January 1, 2024, the division will develop at least six long-term sites for monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state.
- Beginning no later than July 1, 2027, the commission will identify by rule toxic air contaminants that may pose a risk of harm to public health in the state (high-risk toxic air contaminants) and adopt health-based standards and emissions limitations (airborne toxic control measures) for high-risk toxic air contaminants.
- On or before July 1, 2032, and at least every 5 years thereafter, the commission will review the health-based standards and airborne toxic control measures to determine if the commission should: Identify any additional high-risk toxic air contaminants; and Adjust the existing health-based standards and airborne toxic control measures.
- Beginning on July 1, 2027, when applying for a new or modified air pollution permit that is subject to the new source review requirements of the federal “Clean Air Act”, the owner or operator of a stationary source of pollution must submit an analysis of the impacts of the stationary source’s emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. The division may only approve the application if the division determines, based on the analysis, that the source’s emissions will not contribute to an increase in concentrations in the ambient air at or in excess of a health-based standard.
- Beginning on July 1, 2027, to protect public health and the environment, the division may reopen any existing air pollution permits and require the owner or operator of a stationary source of pollution to submit to the division an analysis of the impacts of the stationary source’s emissions of toxic air contaminants on concentrations of toxic air contaminants in the ambient air. If the division determines, based on the analysis, that the source’s emissions contribute to concentrations in the ambient air at or in excess of a health-based standard, the division may require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions no longer contribute to concentrations in the ambient air at or in excess of a health-based standard.
HB22-1249 Electric Grid Resilience And Reliability Roadmap
HB22-1249 | Electric Grid Resilience And Reliability Roadmap
HB22-1249 | Electric Grid Resilience And Reliability Roadmap
Concerning the creation of a roadmap for improving electric grids in the state. The bill requires
- The Colorado Energy Office to develop a grid resilience and reliability roadmap (roadmap) for improving the resilience and reliability of electric grids in the state, which must include
- guidance on how microgrids may be used to harden the grid,
- improve grid resilience and reliability, and
- help serve communities’ electricity needs independent of the grid.
HB22-1345 PFAS Consumer Protection including bans in 2024
HB22-1345 | PFAS Consumer Protection including bans in 2024
HB22-1345 | PFAS Consumer Protection including bans in 2024
Establishes a regulatory scheme that collects information from product manufacturers regarding the use of perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals) in their products and phases out the sale or distribution of products that contain intentionally added PFAS chemicals.
- Requires manufacturers of products that are sold or distributed in the state and that contain intentionally added PFAS chemicals to provide written notification to CDPHE.
- A manufacturer submitting the notification to the executive director must pay a fee established by the executive director. The fee will be credited to the perfluoroalkyl and polyfluoroalkyl substances cash fund (fund).
- Bans PFAS starting 2024 on Carpets or rugs; Cookware; Cosmetics; Fabric treatments; Food packaging; Juvenile products; Oil and gas products; Textile furnishings; and Upholstered furniture. Regulates fire fighting foam.
HB22-1348 | Oversight of Chemicals Used in Fracking
HB22-1348 | Oversight of Chemicals Used in Fracking
HB22-1348 | Oversight of Chemicals Used in Fracking
The bill establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information)
- Ensures harmful PFAS chemicals are not used downhole in Colorado oil and gas wells.
- Expands reporting: Operators will be required to disclose information about chemicals used in all
downhole aspects of oil and gas operations, including drilling, well deepening, underground
injections. - COGCC needs to select or develop a website for public disclosure of information outlined in the bill.
- Limits secrecy claims: The bill requires chemical manufacturers and operators to disclose individual
chemicals used, but allows manufacturers to maintain confidentiality of proprietary product
mixtures. - Pre-disclosure: The bill requires disclosure to neighbors, local governments, and the public before the chemicals are used.
HB22-1355 Recycling Producer Responsibility
HB22-1355 | Recycling Producer Responsibility
HB22-1355 | Recycling Producer Responsibility
On or before June 1, 2023, the executive director of the Colorado department of public health and environment must designate a nonprofit organization to implement and manage a statewide program that provides recycling services in the state.
- The program is funded by annual dues paid by producers of products that use covered materials.
- Covered materials are defined as packaging materials and paper products that are sold or distributed in the state.
- The bill creates the producer responsibility program for statewide recycling advisory board that consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state.
HB22-1361 Oil And Gas Reporting
HB22-1361 | Oil And Gas Reporting
HB22-1361 | Oil And Gas Reporting
Concerning measures to enhance oversight of oil and gas operations within the state.
- For a random sample and industry-wide figures, compares Production reported to COGCC against production reported to Dept of Revenue for tax purposes;
- Compares estimated emissions when filing for permit against actual emissions reported to CDPHE (to help inform future permitting decisions);
- Reports on overall Enforcement implementation including paperwork (like well integrity testing) violations that might affect public health, the environment, or wildlife, as well as fines levied for spills/accidents/etc.
HB22-1362 Building GHGs Emissions
HB22-1362 | Building GHGs Emissions
HB22-1362 | Building GHGs Emissions
The bill requires the Colorado energy office to identify by 2025:
- Model electric and solar ready code language; Model low energy and carbon code language; and Model green code language for implementation by 2030.
- The bill creates 2 primary grant programs: The building electrification for public buildings grant program to provide grants ($3M) for the installation of high-efficiency electric heating equipment; and The high-efficiency electric heating and appliances grant program ($10M) for the installation of high-efficiency electric heating equipment in multiple structures within a neighborhood; and
- $12 million to the clean air building investments fund for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program.
SB22-193 Air Quality Improvement Investments
SB22-193 | Air Quality Improvement Investments
SB22-193 | Air Quality Improvement Investments
- Authorizes $25 million for the Clean Air Grant Program to lower industrial emissions;
- $65 million to replace diesel school buses with clean, electric buses;
- $15 million to replace and/or electrify the dirtiest trucks on the road;
- $12 million to increase access to e-bikes;
- $7 million to increase aerial and ground monitoring so we can catch leaks quickly and find egregious cases of pollution that must be addressed.
SB22-198 Orphaned Oil And Gas Wells Enterprise
SB22-198 | Orphaned Oil And Gas Wells Enterprise
SB22-198 | Orphaned Oil And Gas Wells Enterprise
- Creates the Orphaned Well Mitigation Enterprise, imposing and collecting mitigation fees from Operators;
- Funding the plugging, reclaiming, and remediating of orphaned wells in the state; and
- Ensuring that the costs associated with the plugging, reclaiming, and remediating of orphaned wells are borne by operators in the form of mitigation fees
SB22-206 Disaster Preparedness And Recovery Resources
SB22-206 | Disaster Preparedness And Recovery Resources
SB22-206 | Disaster Preparedness And Recovery Resources
Provides loans and grants to homeowners, owners of residential rental property, businesses, governmental entities, and other organizations working to rebuild after a disaster emergency. Loans and grants may be used to:
- Subsidize costs to repair or rebuild a homeowner’s primary residence that are insufficiently covered by the homeowner’s insurance or by federal assistance programs, including costs to rebuild to advanced fire resistance standards and to replant climate ready trees and vegetation;
- Repair or reconstruct housing stock in areas that are experiencing a shortage of available housing by housing authorities and nonprofit organizations working to repair or reconstruct housing stock, or by owners of rental housing who agree to requirements to provide affordable rent;
- Rebuild neighborhoods planned to resist the impacts of natural disasters;
- Provide operating capital to a business experiencing a loss or interruption of business or to pay to repair or replace damaged business property and inventory; or
- Reimburse governmental entities for costs associated with a declared disaster that are not covered by available federal assistance, including costs associated with disaster management, fee waivers for building permits, infrastructure repairs, and replacement of lost revenue.
The state treasurer is required to transfer $15 million to the fund after the effective date of the bill. The money in the fund is continuously appropriated to the division for the rebuilding program. The sustainable rebuilding program’s purpose is to provide loans and grants to homeowners, owners of residential rental property, and businesses that are rebuilding after a wildfire or other natural disaster to cover costs associated with building high performing, energy efficient, and resilient homes and structures. The Colorado energy office or an administrator is required to establish policies for administering the sustainable rebuilding program, including application requirements, eligibility requirements for homeowners and businesses, maximum assistance levels, loan terms, and any specific criteria for the allowable uses of the loans and grants.
The loans and grants may be used to:
- Install high-efficiency heat pumps for heating space or water;
- Achieve advanced energy certifications, including from Energy Star, the Passive House Institute U.S., the United States department of energy zero energy ready homes, or other similar programs;
- Achieve net zero energy or net zero carbon buildings with the addition of renewable energy generation;
- Assist with the costs of installing battery storage and electric vehicle charging stations;
- Cover the incremental costs of building to the most recent energy standard adopted by a local jurisdiction compared to the earlier version of the jurisdiction’s energy code; and
- Support other similar uses identified by the office.
The state treasurer is required to transfer $20 million to the fund after the effective date of the bill to create the office of climate preparedness in the governor’s office. The office is required to coordinate disaster recovery efforts for the governor’s office as well as the development and implementation of the statewide climate preparedness roadmap (roadmap) that the office is also charged with preparing and publishing.
The office of climate preparedness may establish interagency and intergovernmental task forces and community advisory groups to inform and support the work of the office. The office may promote community engagement and information sharing and further efforts to implement the recommendations of the roadmap. No later than December 1, 2023, the office of climate preparedness is required to prepare and publish and, every 3 years thereafter, update the roadmap. The roadmap must integrate and include information from all existing state plans that address climate mitigation, adaptation, resiliency, and recovery. The roadmap must build upon this previous body of work, seek to align existing plans, and identify any gaps in policy, planning, or resources. The roadmap must identify strategies for how the state will grow in population and continue to develop in a manner that meets certain goals specified in the bill.
2021
Governor Polis report on Greenhouse Gas Pollution Reduction Roadmap
Polis report on Greenhouse Gas Pollution Reduction Roadmap
Polis report on Greenhouse Gas Pollution Reduction Roadmap
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- Details a pathway for Colorado to achieve its goals specified in HB19-1261 (Colorado’s Climate Action Plan): a 25% reduction in greenhouse gas emissions by 2025, a 50% reduction by 2030, and a 90% reduction by 2050 (from 2005 levels).
- Underscores the importance of accelerating the transition toward renewable energy for electricity generation, and making deep reductions to methane pollution from the oil and gas industry.
- Emphasizes the importance of reducing methane emissions from landfills and sewage plants, and promoting waste diversion.
- Highlights the need for electrification in the building and transportation spaces, stating that virtually all vehicles on the road in Colorado will need to be electric by 2050.
- Includes a GHG Pollution Reduction Planning Standard to curb greenhouse gas emissions from the transportation sector, improve air quality and limit smog, and provide more travel options.
HB21-1189 Regulate Air Toxics
HB21-1189 Regulate Air Toxics
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- Requires Fenceline Monitoring at certain facilities emitting air toxics like benzene, hydrogen cyanide, and hydrogen sulfide.
- Funds a new mobile air monitoring van to perform community monitoring around the facilities.
HB21-1266 Environmental Justice Disproportionate Impacted Community
HB21-1266 Environmental Justice Disproportionate Impacted Community
HB21-1266 Environmental Justice Disproportionate Impacted Community
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- Creates: the Environmental Justice Action Task Force in the Department of Public Health and Environment (CDPHE); an ombuds position at CDPHE to serve as an advocate for disproportionately impacted communities; and the community impact cash fund to provide grants for environmental mitigation projects in disproportionately impacted communities.
- Requires the Air Quality Control Commission to engage with disproportionately impacted communities to propose recommendations to the General Assembly regarding addressing environmental justice issues.
- Obligates utilities that own or operate generation to file clean energy plans to reduce GHG emission and other air pollutants at least 80% below 2005 levels by 2030.
- Directs the AQCC to develop rules to reduce GHG emissions from the oil and gas industry by at least 60% below 2005 levels by 2030 and from the industrial sector by at least 20% below 2005 levels by 2030.
- Requires the AQCC to adopt small fees on large GHG emitters to adequately fund the climate work of the air division.
- Modernizes the statutory mission of theColorado energy Office to remove promotion of fossil fuels and highlight reduction of GHG emissions from multiple sectors.
HB21-1269 Public Utilities Commission Study of Community Choice Energy
HB21-1269 Public Utilities Commission Study Of Community Choice Energy
HB21-1269 Public Utilities Commission Study Of Community Choice Energy
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- Directs the PUC to conduct a study on the viability of the wholesale, opt-out model of community choice energy (CCE) in Colorado. CCE is defined as a mechanism that allows cities and counties to combine their purchasing power and choose alternative electricity suppliers, while the incumbent investor-owned utility continues to own and operate the transmission and distribution system.
- Evaluates the impacts of CCE on resource adequacy and reliability and include an analysis of the potential impacts on achieving the state climate and clean energy goals.
HB21-1290 Additional Funding For Just Transition
HB21-1290 Additional Funding For Just Transition
HB21-1290 Additional Funding For Just Transition
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- Transfers $8 million to the just transition cash fund and $7 million to a newly created coal transition worker assistance program account in the fund.
- Requires the Office of Just Transition to spend at least 70% of the money transferred to the fund in state fiscal year FY 2021-22 and any remaining money in state FY 2022-23 to implement the final just transition plan for Colorado and to provide supplemental funding for existing state programs that the office identifies as the most effective vehicles for targeted investment in coal transition communities.
SB21-246 Electric Utility Promote Beneficial Electrification
SB21-246 Electric Utility Promote Beneficial Electrification
SB21-246 Electric Utility Promote Beneficial Electrification
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- Requires regulated electric utilities to file plans to promote the use of energy-efficient electric equipment in place of less efficient fossil fuel-based systems through the use of rebates and incentives.
- Directs the Public Utilities Commission (PUC) to establish targets based on all cost effective electrification.
- Requires the PUC to use a cost effectiveness test that includes the social cost of carbon and methane, using a discount rate of no more than 2.5%.
- Implements labor standards for some commercial beneficial electrification projects.
SB21-261 Public Utilities Commission Encourage Renewable Energy Generation
SB21-261 Public Utilities Commission Encourage Renewable Energy Generation
SB21-261 Public Utilities Commission Encourage Renewable Energy Generation
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- Makes several changes to onsite solar in Colorado, that are designed to expand access to solar or to allow customers to increase the amount of solar that they can use.
- Creates a program that allows a utility customer to build solar and to sell that solar to another customer.
- Allows a customer to size a behind the meter solar PV system to meet up to 200% of the customer’s load (an increase from the current 120%) and to to size their PV system based on expected load as compared to the past year’s load. (This would allow a home or business owner to buy a PV system sized for the customer’s increased electric usage from an EV or electrifying space or water heating.)
- Allows a customer to carry forward credit from all excess generation that is not used in the month that it is generated.
- Creates a standard offer program for customer owned solar, which makes it easier for customers to connect solar, and limits the size of this program to 0.25 percent of the utility’s retail sales from the previous year.
SB21-264 Adopt Programs Reduce Greenhouse Gas Emissions Utilities
SB21-264 Adopt Programs Reduce Greenhouse Gas Emissions Utilities
SB21-264 Adopt Programs Reduce Greenhouse Gas Emissions Utilities
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- Sets GHG reduction requirements of 4% by 2025 and 22% reduction by 2030 from a 2015 baseline for gas utilities.
- Requires investor owned gas utilities (GDU) to file a “Clean Heat Plan” with the Public Utilities Commission (PUC) to meet reduction targets.
- Obligates municipal utilities to meet emissions reduction targets.
- Requires the PUC to initiate a rulemaking to implement the legislation.
- Requires the Air Quality Control Commission (AQCC) to develop rules for recovered methane credits.
SB21-272 Measures To Modernize The Public Utilities Commission
SB21-272 Measures To Modernize The Public Utilities Commission
SB21-272 Measures To Modernize The Public Utilities Commission
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- Raises the cap on annual fees collected from regulated public utilities.
Directs the PUC to adopt rules to improve equity and prioritize disproportionately impacted communities in matters that come before the PUC.
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- Requires rulemaking mandating that qualifying retail utilities retire renewable energy credits to reach Colorado’s clean energy and climate goals.
- Requires rules to establish fixed rates for net metering.
- Requires consideration of two versions of net present value of revenue requirement projections to community solar garden subscribers on their electric bills.
- Requires inclusion of the social cost of carbon dioxide with regard to a resource plan portfolio’s net present value of revenue requirements.
2020
HB20-1143 Environmental Justice And Projects Increase Environmental Fines
HB20-1143 Environmental Justice And Projects Increase Environmental Fines
HB20-1143 Environmental Justice And Projects Increase Environmental Fines
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- Raises the maximum fine to $47,357 per day for air quality violations and $54,833 per day for water quality violations
- Direct the air quality control commission and the water quality control commission in the department of public health and environment to annually adjust the maximum fine based on changes in the consumer price index.
- Makes more stringent penalties for criminal pollution of state waters, making criminally negligent or reckless violation a misdemeanor and increases the maximum daily penalty to $25,000, imprisonment of up to 364 days, or both; and makes knowing or intentional violation a class 5 felony and increases the maximum daily penalty to $50,000, imprisonment of up to 3 years, or both.
HB20-1265 Increase Public Protection Air Toxics Emissions
HB20-1265 Increase Public Protection Air Toxics Emissions
HB20-1265 Increase Public Protection Air Toxics Emissions
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- Defines “covered air toxics” as hydrogen cyanide, hydrogen sulfide, and benzene; defines a “covered facility” as a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic for the year 2017: for hydrogen cyanide, 10,000 pounds; for hydrogen sulfide, 5,000 pounds; and for benzene, 1,000 pounds; and defines “incidents” as unauthorized emissions of an air pollutant from a covered facility.
- Mandates that each covered facility: conduct outreach to representatives of the community surrounding the covered facility to discuss communications regarding the occurrence of an incident; use reverse-911 to communicate with, and make data available to, the community surrounding the covered facility regarding the occurrence of an incident; implement reverse-911 within 6 months; and pay all costs associated with its use of reverse-911.
SB20-030 Consumer Protections For Utility Customers
SB20-030 Consumer Protections For Utility Customers
SB20-030 Consumer Protections For Utility Customers
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- Directs the PUC to open rulemaking proceedings to prescribe standard practices for disconnection due to nonpayment, including the provision of resources to support customers in multiple languages, as appropriate to the geographic areas served; standard terms for repayment plans to cure delinquencies; and a prohibition on remote disconnection without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises.
- Requires that for any change in a public utility’s rate design, the change of design must be revenue-neutral and creates a presumption that a change of design that has a disproportionate impact on low-income residential customers compared to other residential customers is presumed to be contrary to the public interest.
- Raises the income threshold for eligibility for a medical exemption from tiered electricity rates from 250% of the federal poverty level (FPL) to 400% of the FPL.
SB20-167 Electric Motor Vehicle Manufacture and Dealer
SB20-167 Electric Motor Vehicle Manufacture and Dealer
SB20-167 Electric Motor Vehicle Manufacture and Dealer
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- Creates a new exception to previous law, which prohibited a motor vehicle manufacturer from owning, operating, or controlling any motor vehicle dealer or used motor vehicle dealer in Colorado.
- Allows a manufacturer to own, operate, or control a motor vehicle dealer if the manufacturer makes only electric motor vehicles and has no franchised dealers of the same line-make.
SB20-204: Additional Resources To Protect Air Quality
SB20-204 Additional Resources To Protect Air Quality
SB20-204 Additional Resources To Protect Air Quality
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- Creates the air quality enterprise, which will conduct air quality modeling, monitoring, data assessment, and research; implement emission mitigation projects; and provide its data to the Division of Administration and the Air Quality Control Commission to facilitate the administration of the state’s air quality laws.
- Establish enterprise fees in an amount that reflects the value of the services the enterprise provides, including: a fee per ton of air pollutant; a fee for services performed for third parties for air quality modeling, monitoring, assessment, or research; and a fee for emission mitigation project services. The fees are then credited to the newly created air quality enterprise cash fund.
Public Utilities Commission: Xcel Energy 2020 Transportation Electrification Plan
PUC 2020 decision on Xcel Energy 2020 Transportation Electrification Plan
PUC 2020 decision on Xcel Energy 2020 Transportation Electrification Plan
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- Commits to spending $102 million over three years to build charging stations, incentivize homeowners to install charging equipment and provide support for converting school buses, government and business fleets to electric.
- Adds $5 million to the utility’s plan by offering rebates of $50,000 or less geared toward low-income buyers to get more electric vehicles on the road.
Air Quality Control Commission, Regulation 22: GHG Reporting and Emission Reduction Requirements
AQCC Regulation 22: GHG Reporting and Emission Reduction Requirements
AQCC Regulation 22: GHG Reporting and Emission Reduction Requirements
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- Establishes an economy-wide GHG reporting rule for Colorado. Part B contains GHG mitigation measures, such as phase-out dates for hydrofluorocarbon (HFCs); and also includes subsequently adopted mitigation requirements.
- Requires that certain emitters, including oil and gas operators, cement plants, steel producers, electronics manufacturers and some municipal solid waste landfills, report their data to Colorado in addition to the EPA.
- Requires additional sources, such as electric services providers or utilities, natural gas distribution companies, industrial waste landfills, industrial wastewater treatment plants and active underground coal mines to report their emissions data to the AQCC.
2019
HB19-1003: Community Solar Gardens Modernization Act
HB19-1003 Community Solar Gardens Modernization Act
HB19-1003 Community Solar Gardens Modernization Act
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- Amends the current statute authorizing community solar gardens (CSGs).
- Increases the maximum size of a CSG from 2 megawatts to 5 megawatts.
- Removes requirement that a CSG subscriber’s identified physical location be in the same county as, or a county adjacent to, that of the CSG, while retaining the requirement that it be within the service territory of the same electric utility.
HB19-1231: New Appliance Energy And Water Efficiency Standards
HB19-1231 New Appliance Energy And Water Efficiency Standards
HB19-1231 New Appliance Energy And Water Efficiency Standards
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- Updates and adopts standards for new equipment sold in Colorado and requires that certain appliances, plumbing fixtures and other products sold for residential or commercial use meet energy efficiency and water efficiency standards that will be phased in over 3 years.
- Makes the sale of a non-complying product punishable through a civil enforcement action by the Attorney General.
HB19-1261: Climate Action Plan To Reduce Pollution
HB19-1261 Climate Action Plan To Reduce Pollution
HB19-1261 Climate Action Plan To Reduce Pollution
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- Sets Colorado statewide goals to reduce greenhouse gas emissions – from 2005 levels – by at least 26% by 2025, 50% by 2030, and 90% by 2050.
- Directs the Air Quality Control Commission (AQCC) to implement policies and rules to reduce greenhouse gas pollution, and take into account the benefits of compliance and the equitable distribution of those benefits, the costs of compliance, opportunities to incentivize clean energy in transitioning communities, and the potential to enhance the resilience of Colorado’s communities and natural resources to climate impacts.
- Directs the AQCC to consult with the Public Utilities Commission (PUC) with regard to rules that affect the providers of retail electricity in Colorado.
HB19-1314: Just Transition From Coal-based Electrical Energy Economy
HB19-1314 Just Transition From Coal-based Electrical Energy Economy
HB19-1314 Just Transition From Coal-based Electrical Energy Economy
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- Creates the Just Transition Office in the Division of Employment and Training in the Department of Labor and Employment.
- Provides benefits to coal transition workers to enable them to support themselves and their families and access education and training for high-quality jobs.
- Provides grants to eligible entities in coal transition communities that seek to create a more diversified, equitable and vibrant economic future for those communities.
- Requires an electric utility that proposes to retire a coal-fueled electric generating facility to submit to the office a workforce transition plan at least 90 days before the retirement of the facility.
SB19-077: Electric Motor Vehicles Public Utility Services
SB19-077: Electric Motor Vehicles Public Utility Services
SB19-077: Electric Motor Vehicles Public Utility Services
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- Authorizes a public utility to provide charging stations as a regulated or unregulated service.
- Requires utilities to file an application for a program to support transportation electrification every 3 years starting in 2020 that may include investments or incentives, rates or programs, and customer outreach and education.
- Provides guidance to the PUC on utility EV program evaluation.
SB19-096 Collect Long-term Climate Change Data
SB19-096 Collect Long-term Climate Change Data
SB19-096 Collect Long-term Climate Change Data
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- Requires the Air Quality Control Commission (AQCC) to collect greenhouse gas emissions data from greenhouse gas-emitting entities.
- Requires the AQCC to report on the data, including a forecast of future emissions, and propose a draft rule to address the emissions by July 1, 2020.
(2019) AQCC Regulation 20: Colorado Low Emission Automobile Regulation (CLEAR)
AQCC Regulation 20: Colorado Low Emission Automobile Regulation
AQCC Regulation 20: Colorado Low Emission Automobile Regulation
Requires vehicle manufacturers to meet minimum zero emission vehicle (ZEV) sales requirements for light-duty vehicles in Colorado, beginning with the 2023 model year.
(2023) AQCC Regulation 3: Stationary Source Permitting and Air Pollutant Emission Notice Requirements https://drive.google.com/file/d/1bqOmG7SQ7yU8VIo6HoZT52vvt9OJ-QG2/view
(2023) AQCC Regulation 7: Control of Emissions from Oil & Gas Greenhouse Operations https://cdphe.colorado.gov/oil-and-gas-greenhouse-gas-intensity-program
2024 Executive Memo:
Governor Polis’s Directive to Colorado Department of Health & Environment and Energy & Carbon Management Commission on ‘Improving Air Quality: Governor Polis Directs State Agencies to Take New & Comprehensive Steps to Help Build Upon Administration’s Landmark Clean Air Efforts, Cut Pollution Including Ozone’ https://www.colorado.gov/governor/news/improving-air-quality-governor-polis-directs-state-agencies-take-new-comprehensive-steps-help
2019 Executive Order:
Governor Polis’s Executive Order ‘Supporting a Transition to Zero-Emission Vehicles’ https://www.colorado.gov/governor/sites/default/files/inline-files/b_2019-002_supporting_a_transition_to_zero_emissions_vehicles.pdf?usp=sharing
2008 Executive Order:
Governer Ritter’s Executive Order ‘Reducing Greenhouse Gas Emissions in Colorado’
Governor Ritter 2008 Executive Order on GHG Emissions
Governor Ritter 2008 Executive Order on GHG Emissions
- The first comprehensive action by a Colorado governor in response to climate change
- Offered a visionary, sector-by-sector analysis of policy directions to reduce GHG emissions
- Initiated a variety of quantitative GHG goals and educational programs to build towards future goals by mandatory reporting from the PUC, CDPHE and the AQCC