Sen. Chris Hansen

Energy Legislation Review Interim Study Committee. A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The bill specifically authorizes conservation easements to permit electric transmission lines that transmit renewable energy across the land subject to the easement if it is appropriate and consistent with the conservation purposes of the conservation easement.(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 customer accounts in Colorado) and small natural gas utilities (those that have fewer than 200,000 customer accounts in Colorado). 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: 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. If a large natural gas utility's total incremental annual cost to meet the targets of the large renewable natural gas program exceeds 5% 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 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. (Note: This summary applies to this bill as introduced.)

Telecommunications - assistance to customers with disabilities - talking book library - appropriation. The act authorizes the use of money in the Colorado telephone users with disabilities fund (fund) to support talking book library services for persons who are blind and physically disabled. $250,000 is appropriated from the fund to the department of regulatory agencies, which amount is reappropriated to the department of education for the Colorado talking book library. (Note: This summary applies to this bill as enacted.) Read More

Electric utilities - electric vehicles - charging ports and related infrastructure - cost recovery for investments - limitation on rate impact. The act authorizes electric public utilities to provide charging ports as regulated services and allows cost recovery. The retail rate impact from the development of electric vehicle infrastructure must not exceed one-half of one percent of the total annual revenue requirements of the utility. The act requires an electric public utility to apply to the public utilities commission to build facilities to support electric vehicles. Standards are set for approval. When a facility is built, the rates and charges for the services may allow: A return on any investment made by a public utility at the utility's weighted average cost of capital with the most recent rate of return on equity approved by the commission; For rate recovery mechanisms that allow earlier recovery of costs; and For performance-based incentive returns or similar investment incentives.(Note: This summary applies to this bill as enacted.) Read More

Impacts of new and emerging transportation technologies and business models - stakeholder group examination and policy recommendations report - department of transportation report and recommendations - rules. The act requires the department of transportation (CDOT) to convene and engage in robust consultation with a stakeholder group comprised of representatives of specified industries, workers, governmental entities, planning organizations, and interest groups that will potentially be affected by the adoption of new and emerging transportation technologies and business models. The stakeholder group is required to: Examine the economic, environmental, and transportation system impacts of the adoption of new and emerging transportation technologies and business models; Identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts; and Present to CDOT, no later than November 1, 2019, a report of policy recommendations regarding the impacts examined and means of addressing those impacts, potentially with funding from the imposition of fees on the use of a motor vehicle used for commercial purposes, as defined by the act. The report must identify potential fees that are structured and reasonably calculated to: Generate sufficient revenue for the state and local governments to mitigate specified impacts to the transportation system; Fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles; Defray the administrative costs of fee collection; Incentivize the adoption of zero-emissions vehicles for utilization as motor vehicles used for commercial purposes; and Incentivize multiple passenger ride sharing for motor vehicles used for commercial purposes and the use of such vehicles as a first and last mile solution for users of public transit. The act defines "motor vehicle used for commercial purposes": To include: A motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service; A motor vehicle that is rented out by a rental car company; and A motor vehicle that is used for residential delivery of goods; and To exclude: A motor vehicle used to deliver goods that is used only to deliver goods: To addresses other than residences; or That are delivered as freight; A motor vehicle that has a gross vehicle weight rating of more than fourteen thousand pounds; or A motor vehicle that is operated for the purpose of transporting passengers: Under a contract with the regional transportation district a regional transportation authority, or any other governmental or public entity; or By a common carrier other than a company that provides taxicab service. CDOT is required to report on the progress and policy recommendations of the stakeholder group, CDOT's preliminary plans and recommendations regarding the development and promulgation of rules, and any recommendations that CDOT has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". No later than October 1, 2020, within any statutory parameters established by the general assembly through legislation enacted during the 2020 legislative session, and giving strong consideration to the policy recommendations report provided by the stakeholder group, CDOT is required to promulgate rules to the extent necessary to effectively implement the act. If the general assembly does not impose fees on motor vehicles used for commercial purposes through legislation enacted during the 2020 legislative session and instead enacts legislation that authorizes CDOT or any CDOT enterprise to impose such fees, the rules may impose fees to the extent authorized by the legislation. During the 2020 legislative interim, CDOT must present a final written report regarding the stakeholder group, rule-making processes, and rules promulgated to the transportation legislation review committee. (Note: This summary applies to this bill as enacted.) Read More

Marriage of underage persons - issuance of marriage license - rights and conditions - appropriation. The act prohibits persons under 16 years of age from obtaining a marriage license. A person who is 16 or 17 years of age may only obtain a marriage license if a juvenile court determines that the underage party is capable of assuming the responsibilities of marriage and that the marriage would serve the underage party's best interests. Prior to making this determination, the court shall appoint a guardian ad litem for the underage party to investigate the underage party's circumstances and best interests and to file a report with the court addressing the factors listed in the act and stating a position regarding whether the issuance of a marriage license is in the underage party's best interests. The act authorizes the juvenile court to appoint a guardian ad litem for purposes of judicial consent for underage marriage. The act clarifies that an underage married person has certain rights under law, including the right to establish a separate domicile from the married person's parents; the right to file motions and petitions in the married person's own name; the right to enter into enforceable contracts, including leases for housing; and the right to consent to their own medical care. The act clarifies that both parties to a proxy marriage must be 18 years of age. The act prohibits complete social security numbers from appearing on marriage forms and certificates issued by county clerks and recorders and allows certain documents to prove the applicant's identity. For the 2019-20 state fiscal year, the act appropriates $59,850 from the general fund to the judicial department for use by the office of the child's representative for operating expenses and for court-appointed counsel. (Note: This summary applies to this bill as enacted.) Read More

Public utilities commission - continuation under sunset law - distribution system planning - workforce transition planning - clean energy plan - wholesale electric cooperative electric resource plan - vehicle booting regulation - energy impact bonds - rules - appropriation. The act implements the recommendations of the department of regulatory agencies' 2018 sunset review and report on the public utilities commission (commission) by: Authorizing the commission to promulgate rules to delegate routine, administrative transportation matters to staff and clarifying that the commission provides initial review of each case submitted for adjudication and determines whether it wishes to retain the case or to assign it to an administrative law judge or to an individual commissioner; Providing for alternate forms of communication that a public utility may utilize to notify its customers of rate changes, including text message and e-mail, and requiring the public utility to post notice of the rate change on its public website, including a reference to the docket numbers of relevant rules or adjudicatory matters; Transferring the administration of the legal services offset fund from the department of law to the department of regulatory agencies; Making technical changes regarding criminal history record checks and telecommunications; Repealing a requirement that an electric utility, as part of the electric utility's plan for acquisition of renewable resources, purchase a certain amount of energy from community solar gardens in 2011 through 2013, but delaying the repeal until 2043 to keep the legislation in place until contracts entered into pursuant to the requirement have likely all expired; Repealing the requirement that the commission, in considering electric utilities' proposals for generation acquisition, give consideration to proposals to propose, fund, and construct integrated gasification combined cycle generation facilities; and Clarifying that the commission may impose a civil penalty for a violation of railroad crossing safety regulations. The act also: Directs the commission to promulgate rules to require an investor-owned utility to file with the commission, for the commission's approval, a distribution system plan regarding the utility's anticipated distribution system investments; Requires an investor-owned utility, when submitting a filing to the commission that includes a proposed retirement of an electric generating facility, to include in the filing a workforce transition plan that provides estimates of workforce transitions that will occur as a result of retiring the electric generating facility; Directs the commission to conduct an investigation of financial performance-based incentives and performance-based metric tracking to identify mechanisms for aligning utility operations and investments with various public benefit goals, including safety, cost efficiency, and emissions reduction. The commission must report the findings of its investigation to the general assembly 18 months after the act's passage; Requires the commission to open a nonadjudicatory proceeding to conduct a survey of public utility retail rates and to consider recommendations for providing rate relief in geographic areas with retail rates that are materially greater than the state average; Directs the commission to require a wholesale electric cooperative to submit to the commission an application for approval of an integrated or electric resource plan; Declares the rights of retail electric utility customers to generate, consume, store, and export electricity from eligible energy resources through distributed generation; Requires a qualifying retail utility to submit a plan, and allows any other electric utility to voluntarily submit a plan, to the commission as part of its ongoing resource acquisition planning process to seek approval from the commission on how the qualifying retail utility plans to address clean energy targets established in the act. A utility implementing a clean energy plan may recover its cost of implementation through electricity rates, as approved by the commission. Directs the commission to evaluate the cost of carbon dioxide emissions in certain proceedings related to a public utility subject to the commission's jurisdiction and to promulgate rules to require those public utilities, when submitting filings, to include the cost of carbon dioxide emissions related to the evaluation of electric generation resources. Starting in 2020, the commission is required to establish a base cost of carbon dioxide emissions in an amount not less than $46 and shall modify the cost thereafter based on escalation rates established by a federal interagency working group. Authorizes the commission to regulate vehicle booting companies, which are private entities in the business of immobilizing motor vehicles through use of a boot, through issuance of permits and enforcement mechanisms including inspections, imposition of a civil penalty, and revocation of a permit; and Adopts the "Colorado Energy Impact Bond Act", under which electric utilities may finance the retirement of fossil-fuel-powered generation facilities and the transition to renewable energy sources by issuing low-cost corporate securities. The securities are subject to commission approval and required to have a rating of at least AA or Aa2, must have a scheduled maturity date of 32 years or less, and are repayable through electricity rates as part of the costs of implementing a clean energy plan. The act continues the functions of the commission for 7 years, until 2026. $907,566 is appropriated for state fiscal year 2019-20 to the department of regulatory agencies for use by the commission for personal services, operating expenses, and the purchase of legal services. The money is appropriated from the public utilities commission fixed utilities fund. Additionally, $163,820 is appropriated to the department of public health and environment from the general fund. (Note: This summary applies to this bill as enacted.) Read More

Air pollution - greenhouse gas emission reporting - air quality control commission - rules - appropriation. The act requires the air quality control commission in the department of public health and environment (department) to collect greenhouse gas emissions data from greenhouse gas-emitting entities and report on the data, including a forecast of future emissions. The commission will adopt rules by June 1, 2020, to require the reporting, and propose draft rules by July 1, 2020, to cost-effectively allow the state to meet its greenhouse gas emission reduction goals. The act also requires the division of administration in the department to update a statewide inventory of greenhouse gas emissions by sector and to post the findings of the inventory on the division's website through 2030. The act appropriates $265,589 to the department from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More

Electric utilities - solar energy - community solar gardens - allowable size and location - standards for construction and installation of components. The act amends the current statute authorizing the creation of community solar gardens (CSGs) by: Increasing the maximum size of a CSG from 2 megawatts to 5 megawatts, with the option for the public utilities commission (PUC) to authorize construction of a CSG up to 10 megawatts beginning July 1, 2023; Removing the 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 investor-owned utility; and Requiring all photovoltaic electrical work on a CSG of greater than 2 megawatts to be supervised by a licensed master electrician, licensed journeyman electrician, or licensed residential wireman, and comply with all applicable electrical codes and standards. If an investor-owned utility owns all or part of a CSG, the utility is required to use either its own employees or a contractor whose employees have access to specified apprenticeship programs to operate and maintain the CSG. Beginning in 2020, all photovoltaic electrical work for installations of at least 300 kilowatts must be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentices and must comply with all applicable electrical codes and standards. The PUC shall determine the conditions under which a subscriber to a CSG may choose to retain or sell the renewable energy credits attributable to the subscriber's participation in the CSG. Section 4 of the act is contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More

Registration - special license plates - Mesa Verde National Park. The act creates the Mesa Verde National Park license plate. To be issued the plate, an applicant must pay 2 one-time $25 fees and make a donation to a nonprofit organization selected by the department of revenue.(Note: This summary applies to this bill as enacted.) Read More