Section 2 of the act defines clean hydrogen (clean hydrogen) as hydrogen that is: Derived from a clean energy resource that uses water as the source of hydrogen; or Produced through a process that results in lifecycle greenhouse gas emissions rates that are less than 1.5 kilograms of carbon dioxide equivalent per kilogram of hydrogen, as set forth in applicable federal law. Section 2 also requires, no later than September 1, 2023, the public utilities commission (commission) to initiate an investigatory proceeding to consider issues related to projects that result in the production of clean hydrogen by an investor-owned utility (clean hydrogen projects). Section 2 also requires, no later than December 1, 2024, the commission to adopt rules that establish clean hydrogen project requirements, including, if the commission determines cost recovery for clean hydrogen projects is appropriate, rules that require an investor-owned utility to present a clean hydrogen project to the commission for the commission's approval, unless the Colorado energy office (office) files a notice with the commission stating that the federal department of energy has extended or otherwise altered the deadline for funding of a project that is part of an application for federal funding by various entities that may include the production, transport, and use of clean hydrogen (hydrogen hub project). Section 2 also requires that, in reviewing a clean hydrogen project application, the commission consider whether it is in the public interest for an investor-owned utility to invest in a clean hydrogen project, the potential contribution of the clean hydrogen project in meeting the state's greenhouse gas emission reduction goals, and various other issues. If the clean hydrogen project is proposed to be sited in an area that would affect a disproportionately impacted community, the commission shall analyze the applicant's cumulative impacts analysis and determine whether the clean hydrogen project will have a positive effect on the disproportionately impacted community. Section 2 also requires that an investor-owned utility provide notice to the commission of any application for federal funding as part of a hydrogen hub project. Section 2 also requires an investor-owned utility that operates a clean hydrogen project approved by the commission to submit an annual report that reports various details about the clean hydrogen project to the commission. If the clean hydrogen project includes the use or consumption of clean hydrogen by the investor-owned utility, the investor-owned utility shall also report the lifecycle greenhouse gas emissions rates of the clean hydrogen project separately by each production facility and use. For income tax years commencing on or after January 1, 2024, but before January 1, 2033, section 3 creates a state income tax credit in specified amounts per kilogram of clean hydrogen used for hard to decarbonize end uses, for operating a heavy-duty vehicle, or for aviation (tax credit). Any taxpayer seeking to claim the tax credit must first apply for and receive a tax credit certificate from the office. The tax credit may be claimed for an amount not to exceed $250,000 in a tax year. For the 2023-24 state fiscal year, the act appropriates $360,758 from the public utilities commission fixed utility fund to the department of regulatory agencies for the following uses: $241,532 for use by the commission for personal services; $24,060 for use by the commission for operating expenses; and $95,166, which is reappropriated to the department of law to provide legal services to the department of regulatory agencies. For the 2023-24 state fiscal year, the act appropriates $12,861 from the general fund to the department of revenue, which is reappropriated to the department of personnel for the purchase of document management services. APPROVED by Governor May 22, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
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The act creates new and modifies existing state income tax credits to maximize federal government funding for taxpayers engaged in semiconductor and advanced manufacturing in Colorado. Specifically, the act creates a refund mechanism, available from fiscal year 2023-24 through fiscal year 2028-29, that allows a taxpayer engaged in semiconductor or advanced manufacturing to apply for conditional approval of one or more types of income tax credits based on a specified project in the state and includes the maximum amount of credit for which the taxpayer may claim a refund of 80% (refund mechanism). The income tax credit types that may be the basis for such a refund are: The 3 enterprise zone credits for qualified investments, business facility employees, and expenditures for research and experimental activities; The Colorado job growth incentive income tax credit; and 3 semiconductor manufacturing zone (CHIPS zone) credits for qualified investments, business facility employees, and expenditures for research and experimental activities, the zones for which are created in the act. Semiconductor and advanced manufacturers must apply to the Colorado economic development commission (commission) for a refund certificate approving their project and setting the maximum amount of income tax credits that the manufacturer may claim as the basis for a refund in connection with the project. In reviewing applications, the commission must prioritize taxpayers engaged in semiconductor or advanced manufacturing that have received or applied to receive matching funds under the "American Rescue Plan Act of 2021", the "Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022" (CHIPS Act), or other similar federal legislation. The CHIPS zone tax credit program created by the act is similar to the enterprise zone tax credit program in that a local government may propose an area for designation as a CHIPS zone, which designation may promote the local economy through incentivizing businesses to locate in the area. A taxpayer located in a CHIPS zone may be eligible to claim an income tax credit under existing enterprise zone statutes for the taxpayer's qualified investments, business facility employees, or research and experimental activities. However, the tax benefits of CHIPS zones are only available to taxpayers engaged in semiconductor manufacturing, as that term is defined under the CHIPS Act. All CHIPS zone tax credits must be precertified by the CHIPS zone administrator. All such credits may be used to offset a taxpayer's income tax liability or carried forward for a period not to exceed 12 years. Or, if the credits are included in a refund certificate approved by the commission pursuant to the refund mechanism, they may be used to claim a refund of 80% of the total amount of the credits. CHIPS zones may be modified or terminated at the discretion of the commission beginning in income tax year 2023 and through income tax year 2040; however, all CHIPS zones will terminate as a matter of law on December 31, 2040. The act creates, within the office of economic development (office), a temporary task force comprised of state legislators, representatives of the office, and citizens with industry experience to study the effectiveness of financial incentives and other resources intended to attract and promote the development of advanced manufacturing and other science, technology, engineering, or math (STEM) companies in Colorado during the 2023 legislative interim. The task force is required to report its findings to the general assembly and the governor by a specified date. The act amends the law regarding confidential taxpayer information to allow the department of revenue to disclose pertinent information to the office as necessary to administer the CHIPS zone tax credit program. For th 2023-24 state fiscal year, $300,1098 is appropriated from the general fund to the department of revenue and $117,583 is appropriated from the general fund to the office of the governor for implementation of the act. APPROVED by Governor May 20, 2023 EFFECTIVE May 20, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the biochar in oil and gas well plugging working advisory group (work group) in the oil and gas conservation commission (commission). The act also requires Colorado state university (university) to conduct various studies and laboratory work on the use of biochar in the plugging of oil and gas wells and, no later than June 1, 2024, report the results of the studies and laboratory work to the work group. If, based on the report, the work group determines that a pilot program to study the use of biochar in the plugging of oil and gas wells would have a positive impact on the state, the work group must direct the university to make recommendations regarding the development of a pilot program. No later than December 1, 2024, the university must submit a draft report of its recommendations to the work group. No later than December 15, 2024, the university shall, in consultation with the work group, create a final report and submit the final report to the director of the commission. For the 2023-24 state fiscal year, the act appropriates $370,140 from the oil and gas conservation and environmental response fund (fund) to the department of higher education for use by the board of governors of the university for the work group. For the 2023-24 state fiscal year, the act appropriates $5,600 from the fund to the department of natural resources for use by the commission for program costs related to the act. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
The act requires that, on or before January 1, 2024, the commissioner of agriculture adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides and authorizing only licensed dealers to sell them. Products containing neonicotinoid active ingredients used in academic research are exempted from the limited-use pesticide designation, as are the following products that contain neonicotinoid active ingredients and for which the product label includes an intended use as: A pet care product; A veterinary product; An indoor pest control product; A personal care product used for preventing, destroying, repelling, or mitigating lice; A product used in structural insulation; A preserved wood product or product used in the manufacturing of wood preservatives; A bait product; or An insect strip. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
The bill requires the Colorado water conservation board (CWCB) to perform a comprehensive literature review of existing research on the challenges and opportunities of desalination facilities in California or Mexico. The literature review must include a summary of the current status of research on desalination, including quantification of certain costs of and benefits that could be realized from the construction and perpetual operation of one or more water desalination facilities in California or Mexico, or both. On or before July 1, 2025, the CWCB must complete the study and submit a report of the CWCB's findings and recommendations to: The Colorado legislative committees of reference that consider water matters; The governor; and The bureau of reclamation in the federal department of the interior. For the 2023-24 state fiscal year, the bill appropriates $50,000 from the Colorado water conservation board construction fund to the department of natural resources for use by the CWCB to pay operating expenses. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill authorizes an individual to move from one corner of public land to another corner of public land where 2 public parcels meet 2 private parcels and share a common border, without being liable for criminal or civil trespass, if: 2 parcels of public land touch so that the individual can reasonably step from one parcel of public land to the other parcel of public land, or if there's a fence, could make the step as if there were not a fence; The individual moves over private land only as much as necessary to cross from one parcel of public land to the other; The individual does not step on or stand on the privately owned land or touch a fence on or other improvement to the privately owned land, but the individual may use mechanical means to move over the privately owned land; and The individual does not use a vehicle other than a wheelchair to cross over the private land. This authorization does not apply to the following: Moving over an improvement to public land that is designed to be occupied by individuals; Entering public land to use it in a way that violates the law; Moving over public land that the governing entity has prohibited the general public from entering or has controlled access to. Section 1 also prohibits a landowner from erecting an improvement to such a corner that is more than 54 inches high within 4 feet of the corner. Section 2 requires a court to dismiss a trespass tort if the defendant has complied with section 1. A successful defendant is awarded costs, including attorney fees. Section 3 instructs the parks and wildlife commission to promulgate rules codifying the actions allowed in section 1. The division of parks and wildlife will publicize the rules.(Note: This summary applies to this bill as introduced.)
The bill adds a public utility to the definition of "person" in the "Colorado Consumer Protection Act" (Act). In doing so, the bill affords consumers protections against any public utility that violates the Act and subjects a public utility to enforcement actions instituted by the attorney general or district attorneys as authorized by the Act.(Note: This summary applies to this bill as introduced.)
The act transfers responsibility for regulating recovery residences from the department of public health and environment to the department of health and human services. Upon admission of a client to a recovery residence, the recovery residence must obtain a signed program agreement from the client regarding the requirements the client must meet to reside at the recovery residence. The residence must also create a relapse plan that must be implemented if the client returns to the use of alcohol or drugs. The act requires a recovery residence to implement a client discharge and transfer policy to discharge or transfer a client from a recovery residence in certain circumstances. The policy must be approved by the recovery residence's certifying body before a discharge or transfer may occur. A recovery residence may discharge or transfer a client with 24-hours' notice in certain circumstances and immediately discharge or transfer a client if the client is found in possession of alcohol or drugs. The act requires that prior to discharging a client from a recovery residence, the recovery residence shall provide the client with referrals to treatment or support services, alternative housing options, and recommendations for follow-up care. A recovery residence shall make its code of conduct, drug screening policy, and discharge and transfer policy accessible in all common areas of the residence and may not discriminate based on age, gender, race, or any other basis prohibited by law when determining whether to discharge or transfer a client. The act requires the certifying body to establish a grievance and appeal process for clients to use when they believe they have been wrongfully discharged or transferred from a recovery residence. The act allows a certified recovery residence or client that is adversely affected or aggrieved by a decision made by the certifying body to appeal the decision to the Colorado department of personnel and administration, office of administrative courts. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act: Eliminates the requirement that a local government hold an election before providing or before operating a facility to provide cable television, telecommunications, or broadband internet services to subscribers; Eliminates the requirement that a local government hold an election to enter into a private partnership to allow a private provider to use local government facilities in connection with the private provider offering cable television service, telecommunications service, broadband internet service, or middle mile infrastructure; and Specifies that a local government may provide middle mile infrastructure, which is broadband infrastructure that does not connect directly to an end-user location. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The bill specifies that a city may authorize the operation of an overdose prevention center within the city's jurisdiction for the purpose of saving the lives of persons at risk of preventable overdoses. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)