Section 1 of the bill authorizes payments from an existing fund for administrative expenses of the public utilities commission (PUC) to defray the costs incurred by the department of public health and environment and any other state agencies in reviewing clean energy plans submitted under section 3 of the bill. Section 2 repeals laws that allow an electric utility to own, as rate-based property, new eligible energy resources without competitive bidding if certain conditions are satisfied. Section 3 supplements the existing renewable energy standards statute by establishing targets for the reduction of carbon dioxide emissions from electricity generation by utilities serving more than 500,000 customers, with the opportunity for other utilities to opt in. The targets are: By 2030, an 80% reduction in carbon dioxide emission levels compared to 2005 levels; and For 2050 and thereafter, a goal of a 100% reduction in carbon dioxide emission levels. Section 3 also directs qualifying retail utilities to submit plans to the PUC as part of their ongoing resource acquisition planning process to address the clean energy targets. A clean energy plan must detail the actions and investments the utility intends to undertake, including specifying the new resources and infrastructure proposed to be used; the anticipated effects of the plan on the safety, reliability, and resilience of the overall electric system; the methods proposed for measuring carbon dioxide reductions; and the costs of implementation, which must be reasonable. The approval process also includes participation by the division of administration within the department of public health and environment regarding the measurement of carbon dioxide emission reductions and predictions as to whether the clean energy plan will achieve the desired reductions. A utility implementing a clean energy plan may recover its costs of implementation through rates, as approved by the PUC, and own any generating resources and infrastructure necessary to effectuate the plan. The utility is required to use a competitive bidding process to fill the cumulative resource need identified in its next electric resource plan that includes a clean energy plan filed after January 1, 2020. Each utility that receives approval of a clean energy plan is required to report to the governor, the general assembly, the PUC, and the air quality control commission on a list of matters, including its progress in implementing the plan and in reducing carbon dioxide emissions. To address Colorado's relative lack of seamless integration into the national energy grid, the PUC is directed to open an investigatory proceeding to evaluate the costs and benefits associated with regional transmission organizations, energy imbalance markets, joint tariffs, and power pools. Section 4 strengthens an existing provision requiring electric resource acquisition decisions to be made with consideration of "best value" employment metrics and the use of Colorado labor by requiring a utility to obtain and provide to the PUC relevant documentation on these topics, including the availability of apprenticeship programs registered with the United States department of labor. Section 5 establishes a qualified right for a retail electric utility customer to generate, consume, store, and export to the grid any electricity produced from customer-sited renewable sources, also known as distributed generation. Section 6 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. These securities, known as Colorado energy impact bonds or "CO-EI bonds," are subject to PUC 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 rates as part of the costs of implementing a clean energy plan.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
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The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of an electric generating facility occurs. A utility that issues bonds in conjunction with the retirement of an electric generating facility may apply to the PUC for approval to replace the retired electric generating facility with cost-effective generation resources or energy storage facilities, the granting of which by the PUC is subject to specified requirements and limitations. A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers. Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay 15% of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility. The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs. Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers; except that, if the local advisory committee established by the authority as required by the bill determines that the disbursement of 50% of all transition assistance directly to Colorado workers would be excessive based on the amount of transition assistance available and the amount of need for such direct assistance and recommends that a lower percentage of all transition assistance be disbursed directly to Colorado workers, the authority may reduce the percentage of all transition assistance disbursed directly to Colorado workers below50% to any percentage not less than 30%. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
Public meetings - notice - online posting. Current law requires local governments to post notices of public meetings required by the state open meetings law in physical locations. The act allows a local government to post the notices on the local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. A local government that posts notices of public meetings on its website may continue to post the notices in a physical location, but is not required to do so.(Note: This summary applies to this bill as enacted.) Read More
Current law states that, with certain exceptions, a motor vehicle manufacturer may not own, operate, or control any motor vehicle dealer or used motor vehicle dealer in Colorado. The bill creates a new exception that allows the ownership, operation, or control of a motor vehicle dealer by an electric motor vehicle manufacturer that engages exclusively in the sale of electric motor vehicles of the same line-make as are manufactured by the electric motor vehicle manufacturer. An "electric motor vehicle" is a motor vehicle that operates entirely on electrical power, does not include a fuel combustion engine, and has at least 4 wheels in contact with the ground during normal operation. An "electric motor vehicle manufacturer" is an entity that manufactures and sells electric motor vehicles and does not manufacture or sell motor vehicles that are fully or partly powered by a fuel combustion engine. (Note: This summary applies to this bill as introduced.) Read More
Medicaid - PACE program funding - interim review of funding methodology - appropriation. The act directs the department of health care policy and financing (department) to negotiate the monthly contracted rate for PACE program services for the 2019-20 fiscal year, and each fiscal year thereafter, using an actuarially sound upper payment limit methodology that complies with federal law regarding PACE organizations. The act repeals provisions in statute directing the department to apply a grade of membership method in determining the upper payment limit methodology and tying the 2019-20 fiscal year appropriations to a new methodology or to the fiscal year 2016-17 appropriation. The act requires the department and PACE organizations to meet during the 2019 legislative interim to consider the appropriate funding methodology for PACE programs and other issues relating to PACE delivery models, administrative oversight and funding administrative services, and appropriations requests. For the 2019-20 state fiscal year, the act appropriates $6,755,479 to the department of health care policy and financing for medical assistance premiums for the PACE program, with the expectation of receiving the same amount in matching federal funds. (Note: This summary applies to this bill as enacted.) Read More
The bill requires the board of trustees (board) of the public employees' retirement association (PERA) to retain an organization with experience in public sector pension plans to conduct a study to analyze any climate-related financial risk to the total assets of PERA (fund). The board is required to administer a competitive selection process to solicit unbiased and independent third-party organizations with the necessary credentials to bid for the study and to enter into a contract with the selected organization. The organization selected by the board is required to include the following in its study: A comprehensive analysis of the climate-related financial risk of PERA's portfolio and the exposure of the fund to long-term risks; A summary of climate-related financial risk-related engagement activities undertaken; and A description of additional action that should be taken, or planned to be taken, by the board to address climate-related financial risk, including a list of proxy votes and shareholder proposals initiated by the board. The board is required to deliver a report to the general assembly detailing the findings of the organization's analysis. (Note: This summary applies to this bill as introduced.) Read More
Commission duties - funding formulas - 5-year reviews. The act requires the Colorado commission on higher education (commission) to conduct a review of the funding formula for institutions of higher education every 5 years and to submit a report on recommended changes to specified committees of the general assembly on or before November 1 of the year in which the review was conducted. It also specifies certain steps that the commission shall take in conducting the review.(Note: This summary applies to this bill as enacted.) Read More
The bill permits the issuance of a marriage license only to a person who is 18 years of age, unless the person is at least 16.5 years of age and emancipated through a court procedure. The bill creates a statutory procedure for the emancipation of minors. The court may issue an order for emancipation if the minor has attained 16.5 years of age at the time the order becomes effective, the order is in the minor's best interests, and the court determines that the minor has met the statutory requirements for emancipation, including but not limited to the ability to support himself or herself and to manage his or her own affairs. The court shall provide a minor with information about rights and responsibilities of emancipation and alternatives to emancipation and shall appoint an attorney to serve as guardian ad litem for the minor to investigate and report on the statutory criteria and the minor's best interests. The bill includes provisions relating to who may file a petition for an order of emancipation, the contents of the petition, and the hearing procedure and necessary court findings. As a result of the statutory procedure, an emancipated minor is considered to be 18 years of age and shall have all of the rights and responsibilities of a person who is 18 years of age; except that an emancipated minor is still subject to age restrictions relating to voting and possession of tobacco products. (Note: This summary applies to this bill as introduced.) Read More
Capital Development Committee. The bill creates the justice center maintenance fund that consists of money appropriated by the general assembly to the maintenance fund from the justice center cash fund to be used for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Capital Development Committee. The bill authorizes private entities to use the state telecommunications network through public-private partnerships considered, evaluated, and accepted by the chief information officer and relocates laws related to the state telecommunications network from the department of public safety's statutes to the statutes regarding telecommunications coordination within state government. The bill also specifies that any lease revenues from public-private partnerships must be credited 75% to the public safety communications trust fund for improvements to the state telecommunications network and 25% to the public school capital construction assistance fund for technology grants.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More