Energy

In 2022, the general assembly enacted Senate Bill 22-110, concerning a requirement that a wind-powered energy generation facility be equipped with light mitigating technology (technology), to require an owner or operator of a new wind-powered energy generation facility (facility) to install technology at the facility and to obtain federal aviation administration (FAA) approval before installing the technology. An owner or operator of a facility can request from the governing body of the local government in which the facility is located an extension of up to 24 months to install the technology.     The act requires the owner or operator of a facility to also obtain federal communications commission (FCC) approval for installation of the technology and requires that a governing body of a local government grant an owner or operator of a facility an extension of time to install the technology if FAA, FCC, or other federal agency approval is delayed. The act also requires that an extension of time granted by the governing body of a local government is at least 24 months in duration.(Note: This summary applies to this bill as enacted.)

Current law requires certain entities to file, or allows certain entities to voluntarily file, a clean energy plan to achieve an 80% reduction in greenhouse gas emissions caused by the entity's electricity sales in Colorado by 2030, relative to 2005 levels (2030 emission reductions).     The act repeals current law stating that clean energy plans submitted by a cooperative electric association or a municipally owned utility under certain circumstances are deemed approved by the public utilities commission (commission) and requiring the division of administration in the department of public health and environment (division) to consult with the commission in verifying a clean energy plan submitted by a cooperative electric association or a municipally owned utility. The act also repeals current law stating that voluntary submission of a clean energy plan by a cooperative electric association or a municipally owned utility does not alter the entity's regulatory status with respect to the commission.     A municipally owned utility that has encountered challenges in achieving the 2030 emission reductions may submit to the division, no later than December 31, 2026, an updated clean energy plan that demonstrates achievement of the 2030 emission reductions by the earliest date possible on or after December 31, 2029, but no later than December 31, 2032.     A municipally owned utility that submits an updated clean energy plan to the division must:Provide a detailed generation and transmission plan to the division with the updated clean energy plan;Provide an annual report to the division beginning January 1, 2028, and continuing each year until December 31, 2033, that contains certain information related to the updated clean energy plan;Cease burning coal by December 31, 2032; andSeek to achieve certain additional reductions in greenhouse gas emissions without impairing the municipally owned utility's ability to maintain certain electric reliability standards.     The updated clean energy plan must be verified by the division.(Note: This summary applies to this bill as enacted.)

The bill requires the Colorado energy office (office) to serve as the state's permitting coordinator for nuclear energy projects. The office is required to:Coordinate with developers of nuclear energy projects (developers), stakeholders, and state and local permitting agencies throughout the permitting process and assist developers in navigating local, state, and federal regulations;Build administrative and coordination capacity to prepare for federal funding opportunities; andOn or before December 1, 2027, recommend to the public utilities commission (commission) factors for the commission to consider when approving the acquisition of a nuclear energy project or other clean firm resources and cost-recovery mechanisms for the development of nuclear energy projects.     The bill requires an investor-owned electric utility with more than 500,000 customers to:On or before August 1, 2027, solicit requests for information from communities and local governments interested in hosting a nuclear energy project and from potential development partners; andIdentify, in collaboration with other public utilities, local governments, and developers, potential sites for a nuclear energy project.     The bill states that an investor-owned electric utility may submit to the commission, and the commission is required to approve, an application to expend and recover up to $20 million to finance studies regarding potential sites, facility designs, and other activities related to the development of nuclear energy projects in the state. The bill requires the commission to issue an approval or denial of a petition from an investor-owned electric utility regarding a cost-recovery mechanism for a nuclear energy project no later than 6 months after receiving the petition.     The bill establishes a statewide goal of identifying at least one nuclear energy project site by 2035 and beginning construction of at least one nuclear energy project by 2040.(Note: This summary applies to this bill as introduced.)

The act authorizes a local government or a special district (local government) to enter into an agreement with one or more entities for the purpose of providing the local government with service from a thermal energy network. A local government that is authorized by law to issue bonds may issue bonds for the purpose of financing thermal energy infrastructure, interconnections, or customer connections within the jurisdiction of the local government.     The act increases the net electric generating capacity of a community geothermal garden from 5 megawatts to 25 megawatts.     The act requires the Colorado energy and carbon management commission (commission) and the Colorado geological survey to collect data and information related to geological resources in the state. The commission shall make recommendations to encourage safe and effective development of geothermal resources and report those recommendations to the general assembly on or before November 15, 2026.     The act requires investor-owned electric utilities (utilities) to identify small-scale geothermal projects and large-scale geothermal projects (geothermal projects). The utility must solicit proposals for the development of small-scale geothermal projects of up to 25 megawatts of net electric generating capacity and large-scale geothermal projects that are greater than 25 megawatts of net electric generating capacity. The utility shall submit applications for the development of the geothermal projects to the public utilities commission if the utility receives a bid in response to the request for proposals. The public utilities commission must review the application and approve, conditionally approve, deny, or modify the application within 120 days after receiving the application.(Note: This summary applies to this bill as enacted.)

The Colorado Clean Energy Fund (CCEF) is a nonprofit institution with experience administering clean energy financing programs and is the designated green bank for the federal environmental protection agency's region 8. The CCEF administers an on-bill repayment program (program) to help finance certain energy-related upgrades installed at a utility customer's premises that are associated with the utility meter. Under the program, in partnership with Colorado-based utilities, the CCEF finances energy-related upgrades that are then repaid through a customer's monthly utility bill payments.     The bill directs the state treasurer to, on August 15, 2026, execute a loan agreement with the CCEF for a low-interest loan of $50 million from the unclaimed property trust fund.The purpose of the loan is to capitalize and expand the CCEF's on-bill repayment program and to accelerate utility adoption of the program.     The Colorado energy office is required to review the design of the program before August 1, 2026. The bill specifies certain requirements for the program and for a utility to access the funding for the program, including requirements related to disclosures, notices, transfers of responsibility for an on-bill repayment obligation, and interest rates.     The CCEF is required to submit annual reports to the joint budget committee, the Colorado energy office, and the state treasurer detailing the deployment of the program.(Note: This summary applies to this bill as introduced.)

The bill requires the general assembly, starting in state fiscal year 2027-28, to appropriate certain amounts to the wildfire resilient homes grant program cash fund, which amounts must be based on the amount of money in the wildfire mitigation capacity development fund that is used to fund grants in the prior state fiscal year. In awarding home hardening grants through the wildfire resilient homes grant program, the division of fire prevention and control in the department of public safety is required to prioritize homeowners who are income qualified or who lack the ability to perform the home hardening work because of age, disability, or illness.(Note: This summary applies to this bill as introduced.)

Section 3 of the act defines 'advanced transmission technologies' as hardware or software technologies that increase the capacity, efficiency, reliability, or resiliency of an existing or new transmission facility.     Section 4 requires the Colorado public utilities commission (commission) to adopt rules requiring a regulated electric utility to consider advanced transmission technologies in the electric utility's 10-year transmission plan and to identify strategies to reduce the costs of, and obtain financing for, new transmission. The commission is directed to minimize duplication of transmission planning processes, technical studies, or analyses conducted through an applicable regional transmission organization or independent system operator.     Section 5 requires the Colorado electric transmission authority (authority) to, as much as practicable, engage and coordinate with formal subregional transmission planning organizations.     Under current law, the authority is required to annually submit a report of its activities, including a complete operating and financial statement covering the operations of the authority for the previous state fiscal year, to certain committees of reference of the general assembly. Section 6 requires that the annual report also include a description of the activities and accomplishments of the authority during the previous calendar year.     Section 7 adds a nonvoting seat to the authority's board of directors for the director of the commission or the director's designee.     Section 8 clarifies that a project that includes advanced transmission technologies and meets certain criteria is an energy sector public works project. Section 9 states that an energy sector public works project that includes advanced transmission technologies must meet applicable prevailing wage requirements and apprenticeship utilization requirements.(Note: This summary applies to this bill as enacted.)

Section 2 of the bill allows local governments and certain special districts authorized to impose property taxes (local taxing entities) to tax certain land and improvements thereon at different mill levy rates, provided that the mill levy rate for the improvements is less than or equal to the mill levy rate for the land. A local taxing entity may not impose different mill levy rates for agricultural land, land used for renewable energy production, land subject to a perpetual conservation easement, leaseholds and lands producing oil or gas, producing mines or nonproducing mining claims, or state-assessed land. Nothing in section 2 allows a local taxing entity to impose property taxes on the assessed value of land and the assessed value of improvements thereon at different mill levy rates in a manner that is not consistent with section 20 of article X of the state constitution or any statutory limitation on the local taxing entity's mill levy rates or total property tax revenue.      Section 3 requires boards of county commissioners and other local taxing entities to include with their certifications of all property tax levies the individual certification of any local taxing entity required by section 5 regarding the different mill levy rates used for land and improvements thereon by the local taxing entity.      Section 4 updates the tax and levy rate information required to be made publicly available to include the specific, different mill levy rates used for land and improvements thereon, if applicable.      Section 5 modifies the duty of local taxing entities to certify their property tax levy to the board of county commissioners to require any local taxing entity that imposes property taxes on the assessed value of land and the assessed value of improvements thereon at different rates, as allowed by section 2 , to specify those mill levy rates in the local taxing entity's certification of its levy.(Note: This summary applies to this bill as introduced.)

The act requires the division of administration in the department of public health and environment (division), no later than July 2029, to propose a final rule (rule) establishing certain limits on the emission of nitrogen oxides and sulfur dioxide (emission limits) from an electric generating unit (unit) that is owned or operated by an electric utility; is located in the state; and emitted 200 tons or more of nitrogen oxides, or sulfur dioxide, or both in calendar year 2024 (covered unit). The rule must require compliance with the emission limits as soon as practicable after December 31, 2034, and must not cover units that, before December 31, 2029, have ceased operations; burn natural gas, fuel oil, or both only; or have certain systems installed. A unit that operates after December 31, 2034, must install certain pollution controls and comply with the emission limits on or before December 31, 2034.     An owner or operator of a unit is required to provide quarterly emission reports showing compliance with the rule to the division. On August 1, 2029, the air quality control commission in the department of public health and environment (AQCC) must submit to the general assembly a list of any units that are subject to a federal order. If there are any units subject to a federal order, the AQCC must also submit to the general assembly recommendations on whether to amend the requirements for units subject to federal order.     An investor-owned utility or wholesale electric cooperative that is the owner or operator of a unit is required, beginning 150 days after the issuance of a federal order requiring the unit to remain operating after the unit was scheduled to retire (order) and continuing every 90 days until the order is no longer in effect, to file a report with the public utilities commission (commission) that contains certain information about the costs to operate the unit and the amount of electricity generated by the unit. The commission must make these reports publicly available. An investor-owned utility is also permitted to submit an application for a financing order to recover the costs of complying with an order.     Any decision by the commission approving or modifying a portfolio in an electric resource plan of an investor-owned utility serving more than 500,000 customers must approve an amount of accredited capacity that allows the investor-owned utility to reliably achieve certain retirement and carbon dioxide emission reduction requirements. This requirement applies to an investor-owned utility serving more than 500,000 customers until the division determines that the investor-owned utility has achieved certain carbon dioxide emission reductions or until the investor-owned utility has retired all covered units, whichever is later.(Note: This summary applies to this bill as enacted.)

Under current law, each subscriber to a community solar garden receives a net metering credit to their electric bill. The community solar subscriber organization can choose between a fixed bill credit or a bill credit that is adjusted annually. The act states that, on and after October 1, 2026, a subscriber organization may choose a fixed bill credit for the subscriber organization's income-qualified subscribers and a bill credit that changes annually for the subscriber organization's other customers. The public utility providing the bill credit must adjust the fixed bill credit annually to ensure that the credit remains aligned with changes in electricity rates over time.     A public utility is permitted under current law to recover its prudently incurred costs to facilitate a timely interconnection of a distributed energy resource. The act prohibits a public utility from requiring an interconnection customer to pay the costs associated with interconnection facilities and upgrades until 30 days before the public utility incurs the costs. The act allows a public utility to require an interconnection customer to provide security for the estimated full costs of interconnection at the time of mutual execution of an interconnection agreement.     The act requires a public utility with more than 500,000 customers in the state to, on or before August 15, 2026, convene a working group to accelerate distributed generation interconnection. The working group is tasked with discussing, if applicable, a cluster and batch study process for interconnection studies and a process for the public utility to accept a surety bond for interconnection upgrade work. The working group is also directed to discuss, and the public utility is required to implement, a process for third-party interconnection studies and upgrades.     On or before December 15, 2026, the public utility is required to file a notice with the public utilities commission (commission) that includes a report on any recommendations of the working group. The public utility is directed to make appropriate filings to implement any recommendations of the working group that require commission approval on or before January 1, 2027.     The act specifies that any interconnection upgrades and related utility construction work performed by a contracted third party must meet applicable safety, reliability, labor, and technical standards.     The act amends the definition of 'dispatchable distributed generation' and requires the commission to evaluate the size of off-site renewable distributed generation or storage facility and installation limitations as part of a future renewable energy standard compliance plan.(Note: This summary applies to this bill as enacted.)