The bill modifies the community solar garden property tax exemption, which exempts the percentage of alternating current electricity capacity of a community solar garden that is attributed to subscribers who are tax exempt, by: Extending the exemption for 5 more property tax years ( section 1 of the bill); and Expanding the exemption to apply to a community solar garden that is a solar energy facility, which is assessed statewide ( section 2 ). For the period that the exemption is extended, the state will reimburse local governments for the lost property tax revenues that result from the newly expanded credit. These payments will be made from the sustainable energy tax policy fund, which consists of the increased revenue as a result of changes to the coal tax made in sections 4 and 5 , and the general fund if there is insufficient money in the fund. In years when the state is required to refund excess state revenues under section 20 of article X of the state constitution (TABOR), the reimbursements to the counties are a TABOR refund mechanism. This refund mechanism only applies after the refunds made to counties for the reimbursements for the senior homestead exemption ( sections 1 and 6 ). Locally assessed solar energy facilities are valued by assessors using valuation procedures developed by the property tax administrator (administrator). Currently, the administrator is required to utilize a cost approach to valuation for all renewable energy facilities. This valuation currently involves a "tax factor" based on a 20-year period. Section 2 extends this period by 10 years and specifies that after the 30 years, a tax factor is not applied and the taxable value shall not exceed the depreciated value floor calculated using the cost basis method. Under section 3 , the administrator will be required to utilize the income approach used for solar energy facilities for a renewable energy facility that would qualify as a solar energy facility if it generated more energy, so that all similar facilities will be valued in the same manner. For purposes of the severance tax on coal, beginning July 1, 2021, section 4 eliminates the quarterly exemption on the first 300,000 tons of coal and the credit for coal produced from underground mines and for the production of lignitic coal. Prior to June 30, 2026, the additional severance tax that results from these changes will be credited to the sustainable energy policy fund, and thereafter it is allocated like other severance tax revenue (section 5).(Note: This summary applies to this bill as introduced.)
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The bill creates the offense of unlawful storage of a firearm if a person stores a firearm in a manner that the person knows, or should know: That a juvenile can gain access to the firearm without the permission of the juvenile's parent or guardian; or A resident of the premises is ineligible to possess a firearm under state or federal law. Unlawful storage of a firearm is a class 2 misdemeanor. The bill requires licensed firearms dealers to provide with each firearm, at the time of a firearm sale or transfer, a locking device capable of securing the firearm. Transferring a firearm without a locking device is an unclassified misdemeanor punishable by a maximum $500 fine. The bill requires the state court administrator to annually report to the general assembly about the number of charges related to safe firearms storage, and the disposition of those charges. The bill requires the department of public health and environment to develop and implement a firearms storage education campaign to educate the public about the safe storage of firearms and state requirements related to firearms safety and storage. The bill creates the firearms safe storage education campaign fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue certifies to the revisor of statutes that there is a space available on the form and the fund is next in the queue. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill directs the public utilities commission (PUC) to approve utilities' applications to build new transmission facilities if the PUC finds that the new facilities would assist the utilities in meeting the state's clean energy goals established in 2019. Applications are deemed approved if the PUC does not deny them within 180 days after completion and public notice of the application. Section 2 directs the PUC, as part of its ongoing docket regarding evaluation of the benefits of a regional transmission organization, to undertake and, by December 31, 2020, to complete a review of existing and potential additional energy resource zones for renewable resource generation development areas within Colorado. The purposes of the study are to: Identify planned electric transmission lines (lines) and renewable resource generation development areas within Colorado that have potential to support competition among renewable energy developers for development of renewable resource generation projects; Evaluate opportunities to support transitions in electricity generation by evaluating renewable resource generation opportunities located in communities with substantial economic activity and employment in the fossil fuel industry; and Identify opportunities for the development of renewable resources: For export to consumers outside of Colorado and the potential to use new and existing transmission capacity for export; and To be interconnected to the transmission system in a manner that promotes a reliable and integrated transmission system and shifts the state away from inefficient, radial transmission development. Section 2 also amends the existing statute to narrow the scope of the PUC's docket inquiry, including only consideration of regional transmission organizations and removing references to energy imbalance markets, power pools, and joint tariffs. If a potential line in Colorado has been submitted to the PUC as part of an electric resource plan based on the inclusion of planned lines in the report the PUC is required to submit as part of its docket inquiry, pursuant to existing requirements for transmission plan reporting, or under a regional transmission plan required by another applicable federal regional transmission planning requirement, section 2 allows bidders in an electric resource plan to rely on the planned line for interconnection in their proposals made pursuant to utility resource plans. Under section 2, the PUC is directed to review clean energy project bids without such bids being burdened by the cost of planned lines. If the development of such lines would result in cost-effective generation being developed to meet the state's clean energy goals, then the PUC shall direct public utilities to submit those lines for approval and construction in order to meet the state's 2030 clean energy goals and beyond. The federal energy regulatory commission requires each public utility transmission provider to participate in a regional transmission planning process to produce a regional transmission plan. If construction of a line in Colorado has been approved in a regional transmission plan or by another applicable federal regional transmission planning requirement, section 3 affords an incumbent electric utility owning the existing transmission facilities to which the line will connect up to 180 days after the line has been approved to give written notice to the PUC that the incumbent electric utility intends to construct, own, and maintain the line. If the incumbent electric utility does not provide notice to the PUC, the incumbent electric utility surrenders its right of first refusal to construct, own, and maintain the line. If the incumbent electric utility provides the notice, the incumbent electric utility, if it is subject to the PUC's regulation, shall, within 24 months after filing the notice, file an application with the PUC for a certificate of public convenience and necessity to construct the line. The right of first refusal is conditioned on the incumbent electric utility having joined a regional transmission organization and exercising the right of first refusal within ten years thereafter. (Note: This summary applies to this bill as introduced.)
The department of personnel (department) is required to establish a maximum acceptable global warming potential for each category of eligible materials used in a public project. The bill specifies which building materials are eligible materials. The department is required to set the maximum acceptable global warming potential at the industry average of facility-specific global warming potential emissions for that material and to express it as a number that states the maximum acceptable facility-specific global warming potential for each category of eligible materials. The department is required to submit a report to the general assembly regarding the method it used to develop the maximum global warming potential for each category of eligible materials and may make periodic downward adjustments to the number to reflect industry improvements. For invitations for bid for public projects issued after a certain date, the contractor that is awarded the contract is required to submit to the contracting agency of government a current facility-specific environmental product declaration for each eligible material proposed to be used in the public project. A contracting agency of government is required to include in a specification for bids for a public project that the facility-specific global warming potential for any eligible material that will be used in the project shall not exceed the maximum acceptable global warming potential for that material determined by the department. A contractor that is awarded a contract for a public project is prohibited from installing any eligible material on the project until the contractor submits a facility-specific environmental product declaration for that material. The bill specifies that in administering the requirements of the bill, an agency of government is required to strive to achieve a continuous reduction of greenhouse gas emissions over time. The department is required to submit a report to the general assembly regarding the implementation of the bill. The bill includes the facility-specific global warming potential for each eligible material that will be used in the project and the cost of avoided emissions for the project in the factors to be considered when making an award determination for a competitive sealed best value bid. (Note: This summary applies to this bill as introduced.)
The bill requires the public utilities commission to adopt by rule, no later than July 31, 2021, renewable natural gas programs for large natural gas utilities (those that have at least 200,000 250,000 customer accounts in Colorado) and small natural gas utilities (those that have fewer than 200,000 250,000 customer accounts in Colorado). Municipally owned natural gas utilities may, but need not, participate in a renewable natural gas program. The rules must include reporting requirements and a process for natural gas utilities to fully recover prudently incurred costs associated with the large and small renewable natural gas programs. "Renewable natural gas" is defined to mean any of the following products processed to meet pipeline quality standards or transportation fuel-grade requirements or delivered by an alternative energy carrier : Biogas that is blended with, or substituted for, geologic natural gas; Hydrogen gas derived from renewable energy sources; or Methane gas derived from any combination of biogas; hydrogen gas or carbon oxides derived from renewable energy sources; waste carbon dioxide; coalbed methane resulting from human activity; naturally occurring coalbed deposits; a municipal solid waste landfill; waste tire or municipal solid waste pyrolysis; or biogas recovery from manure management systems and anaerobic digesters ; or the decomposition of organic food waste . If a large natural gas utility's total incremental annual cost to meet the targets of the large renewable natural gas program exceeds 5% 2% of the large natural gas utility's total revenue requirement for a particular year, the large natural gas utility shall not make additional qualified investments under the large renewable natural gas program for that year without approval from the commission. The bill establishes the following portfolio targets for the percentage of gas purchased by large natural gas utilities that is renewable natural gas: By January 1, 2025, at least 5% must be renewable natural gas; By January 1, 2030, at least 10% must be renewable natural gas; and On and after January 1, 2035, at least 15% must be renewable natural gas. Small natural gas utilities may opt in to the small renewable natural gas program as established by the commission by rule. The rule must include tradeable credits and a rate cap limiting the small natural gas utility's costs of procuring renewable natural gas from third parties and qualified investments in renewable natural gas infrastructure. The bill appropriates $83,555 from the fixed utilities cash fund to the department of regulatory agencies for use by the public utilities commission to implement the bill. (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.)
The bill limits the use of a mobile electronic device while driving to adult drivers who use the mobile electronic device through a hands-free accessory. The bill establishes penalties of $50 and 2 points for a first violation, $100 and 2 points for a second violation, $200 and 4 points for a third or subsequent violation, and $300 and 4 points if the violation involves text messaging. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act amends the statutes that regulate the types and amounts of investments a domestic insurer may make, including investments in bonds and other evidences of indebtedness. Section 1 of the act clarifies the types of indebtedness that may be invested in and allows the domestic insurer to invest in the debts of an issuer that is in default in the payment of interest on the debt. Preexisting law allows a domestic insurer to invest in first-priority mortgage loans in the United States and Canada. In connection with this, section 2: Authorizes investment in lower-priority loans if the holder of the lower-priority loan holds the first-priority loan; Repeals the requirement that the mortgaged land have a building, be used for agriculture or pasture, or be income-producing; Expands the requirement that improvements to the land have fire insurance to a requirement that these improvement have casualty insurance; and Authorizes domestic insurers to acquire mortgage loans for land located in other foreign jurisdictions that have a sovereign debt rating of "1" from the securities valuation office of the National Association of Insurance Commissioners if these assets do not exceed 10% of the domestic insurer's investments. Preexisting law allows a domestic insurer to invest in real estate for income. In connection with this, section 3 broadens the current definition of "real estate", which covers fee simple ownership and leasehold estates, to include all interests in property, including mineral estates. Preexisting law allows a domestic insurer to invest in preferred or common stock in businesses within the United States and Canada. In connection with this, section 4: Broadens current law to allow investment in equity interests of businesses other than preferred or common stock, but limits the aggregate value of all equity interests that may be admitted assets to 10% of the company's admitted assets; Repeals the requirement that the business not be in arrears as to dividends for the last 3 years; Repeals the requirement that any sinking fund for preferred stock must be current; Repeals the requirement that a corporation had net earnings available for dividends on its outstanding common stock in each of the 3 fiscal years immediately preceding the date of acquisition; Repeals the requirement that common stock must be registered on a national securities exchange or regularly traded on a national or regional basis; Exempts mutual funds, open-end index funds, or exchange-traded index funds from a prohibition on investing, in one company, more than 2% of the insurer's assets in common stock or 5% of these assets in any stock; Limits the amount of equity that is not listed on a nationally registered securities exchange or securities market to 5% of the domestic insurer's assets; and Authorizes a domestic insurer to invest in equity interests in businesses created in other foreign jurisdictions that have a sovereign debt rating of "1" from the securities valuation office of the National Association of Insurance Commissioners if these assets do not exceed 3% of the domestic insurer's investments. Preexisting law allows a domestic insurer to invest in money market mutual funds. Section 9 requires the funds to comply with certain federal regulations and requires government-backed funds to meet certain standards of the National Association of Insurance Commissioners. (Note: This summary applies to this bill as enacted.)
The act specifies that a local government master plan that contains a water supply element must include water conservation policies, to be determined by the local government, which may include goals specified in the state water plan and policies that require implementation of water conservation and other state water plan goals as a condition of development approvals. The act authorizes the department of local affairs to hire and employ a full-time employee to provide educational resources and assistance to local governments that include water conservation policies in their master plans. $26,215 is appropriated from the general fund to the department of local affairs for use by the division of local government to implement the act, which amount is allocated as follows: $24,066 for personal services, including an additional 0.5 FTE; and $2,149 for operating expenses.(Note: This summary applies to this bill as enacted.)
Preexisting law prohibits, with certain exceptions, a motor vehicle manufacturer from owning, operating, or controlling any motor vehicle dealer or used motor vehicle dealer in Colorado. The act creates a new exception that 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. (Note: This summary applies to this bill as enacted.)
The act establishes Frances Xavier Cabrini day as a state legal holiday on the first Monday in October and repeals Columbus day. (Note: This summary applies to this bill as enacted.)