Colorado Bills

Section 1 of the bill provides a nonstatutory legislative declaration about the changes in law set forth in section 2 of the bill. Section 2 directs the public utilities commission to adopt rules by which it will evaluate applications filed by Colorado's investor-owned natural gas utilities to acquire interests in natural gas reserves, which at a minimum must establish criteria for asset evaluation and application review and administration; except that an investor-owned utility's costs associated with any approved application may not be recovered through base rates. Section 3 adds a legislative declaration about the Colorado oil and gas commission's notice to operators to require operators in the state to identify and inspect flowlines within one thousand feet of a building unit to ensure and document integrity of flowlines statewide and to verify that any existing flowline that is not in active use be properly abandoned. This section also requires the commission to regularly report progress to the general assembly. Section 4 requires, as part of the electric resource planning process, each qualifying retail utility in Colorado to submit to the public utilities commission a proposal for a distribution resource plan. The section also requires the commission to review the proposal and either approve, modify and approve, or reject the plan for the qualifying retail utility. Section 5 repeals the wind for schools grant program. Section 6 repeals the renewable energy and energy efficiency for schools loan program. Section 7 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 8 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 9 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; Repeals certain programs for which the office is responsible; and Requires the director of the office and the executive director of the department of natural resources, or their designees, to convene stakeholders for one or more meetings before November 1, 2017, to identify voluntary methods to address funding shortfalls associated with the long-term management of abandoned oil and gas facilities. Section 10 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 11 adds 4 years of funding for the innovative energy fund from the general fund and removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 12 clarifies that the electric vehicle grant fund may be used to offset costs associated with charging stations for electric vehicles. Section 13 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 14 repeals the green building incentive pilot program. Section 15 repeals the 'Colorado Clean Energy Finance Program Act'. Section 16 removes the office's responsibility to maintain a list of solar installers, the requirement for a builder to offer that list to customers, and the requirement for the office to offer training on solar installations. Section 17 removes a requirement for a 2018 study by the office on alternative fuel truck emissions. Section 18 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 19 removes the office as the administrator of the Colorado carbon fund special license plate. Section 20 increases the registration fee on electric motor vehicles and the portion of the fee that is earmarked for the highway users tax fund to offset the reduced gas tax collected as a result of the vehicle's increased efficiency. Current law authorizes a homeowner to finance certain energy efficiency improvements to the home through a loan pursuant to the property assessed clean energy program (PACE). PACE requires an applicant to file a title commitment on the home and a hearing must be held in order to seek a voluntary subordination of existing liens to PACE's junior lien. Sections 21 through 24 exempt a homeowner from the title commitment and hearing requirements if the owner is not seeking to subordinate the priority of existing liens and clarifies that housing authorities can use PACE as a completely voluntary assessment. Sections 25 and 26 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill enacts the 'Interstate Physical Therapy Licensure Compact Act' that allows physical therapists and physical therapist assistants licensed or certified in a compact member state to obtain a license or certificate to practice physical therapy in Colorado. The bill authorizes the physical therapy board to obtain fingerprints from applicants for a license or certification for the purposes of a fingerprint-based criminal history record check. The compact requires that the physical therapy board participate in the compact's data system and notify the compact commission of any adverse action taken by the board. Physical therapists and physical therapy assistants are subject to the requirements of the 'Michael Skolnik Medical Transparency Act of 2010'. $12,386 is appropriated to the department of regulatory agencies for use by the division of professions and occupations for implementation of the bill. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database. The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur. (Note: This summary applies to this bill as introduced.)

The bill authorizes the operation of a marijuana membership club (club) only if the local jurisdiction has authorized clubs. A club must meet the following qualifications: All members and employees of the club must be 21 years of age or older; The club's employees must be Colorado residents; The club cannot sell or serve alcohol; The club cannot be a retail food establishment; A club owner shall not sell marijuana on the premises; and A club owner shall not permit the sale or exchange of marijuana for remuneration on the premises. The bill prohibits the open and public consumption of marijuana and defines the terms 'open and public', 'openly', and 'publicly'. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

On and after July 1, 2017, section 4 of the bill requires 10% of the net revenue generated by existing state sales and use taxes to be credited to the highway users tax fund, paid to the state highway fund for allocation to the department of transportation (CDOT), and spent by CDOT first to make payments due on any transportation revenue notes (TRANs) issued, subject to voter approval, as required by section 7 and, to the extent not needed for that purpose, for highway purposes or highway-related capital improvements as specified in section 6. Section 7 requires the submission of a ballot question to the voters of the state at the November 2017 statewide election, which, if approved, requires the executive director of CDOT to issue TRANs in a maximum principal amount of $3.5 billion and with a maximum repayment cost of $5.5 billion. TRANs must have a maximum repayment term of 20 years and must be paid first from the net state sales and use tax revenue paid to the state highway fund and allocated to CDOT by section 4 and thereafter from any legally available money under the control of the transportation commission. Section 8 requires TRANs proceeds to be used only to provide sufficient funding for the completion of economically and regionally significant state highway system projects throughout the state, including a specific list of projects. Section 2 eliminates required statutory transfers from the general fund to the capital construction fund and the highway users tax fund for state fiscal years 2017-18, 2018-19, and 2019-20. Section 3 requires CDOT rules that govern the consideration of contractor bids for CDOT projects to require consideration of all bids submitted by prequalified contractors and prohibit shortlisting. Section 5 requires CDOT, with respect to any transportation projects for which it awards a competitively bid contract on or after July 1, 2018, to report on its public website within 30 days of the contract award and maintain on its website for at least one year thereafter all information, excluding specific corporate financial information, from all bidders submitted in response to its invitation for bids for the project.(Note: This summary applies to this bill as introduced.)

The bill requires the state treasurer to deposit $1 million of the proceeds from the tax on insurance policy premiums in the local firefighter safety and disease prevention fund for each of the 3 fiscal years commencing on or after July 1, 2017. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill continues the general fund transfer to the clean and renewable energy fund for one year. Section 2 adds one year of funding for the innovative energy fund from the general fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)