2017 Bill List


HB17-1018 Extend Voter Approval Window For RTA Regional Transportation Authority Mill Levy 
Sponsors: D. Mitsch Bush | L. Liston / B. Gardner
Summary:

Current law authorizes a regional transportation authority to seek voter approval for a uniform mill levy of up to 5 mills on all taxable property within its territory, but the authorization is scheduled to repeal on January 1, 2019. The bill extends the authorization until January 1, 2029.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 3/1/2017 Governor Signed
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1116 Continue Low-income Household Energy Assistance 
Sponsors: M. Hamner | T. Exum / B. Martinez Humenik
Summary:

Current law provides that the department of human services low-income energy assistance fund, the energy outreach Colorado low-income energy assistance fund, and the Colorado energy office low-income energy assistance fund receive conditional funding from the severance tax operational fund through the state fiscal year commencing July 1, 2018. The bill extends the conditional funding through the state fiscal year commencing July 1, 2023.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/22/2017 Sent to the Governor
Position: Support
News:
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(2) in senate calendar.

HB17-1225 Electric Regional Transmission Organization Hearing 
Sponsors: C. Hansen / R. Baumgardner
Summary:

A regional transmission organization is an independent electric transmission operator that provides wholesale transmission services to more than one provider of retail or wholesale electric service within a defined geographic region by pooling together a number of transmission assets into a single electricity transmission market from which participating retail electric service providers may purchase wholesale transmission services.

The bill directs the transportation legislation review committee to conduct a hearing during the 2017 interim on the effects that participation by retail electric service providers in a regional transmission organization would have on retail or wholesale electric service providers, their ratepayers, and Colorado's market for renewable energy. The hearing must take place on or before December 1, 2017.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/28/2017 Senate Committee on Legislative Council Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1227 Electric Demand-side Management Program Extension 
Sponsors: F. Winter | P. Lawrence / K. Priola | S. Fenberg
Summary:

To promote demand-side management programs for electricity, the public utilities commission (commission) was authorized in 2007 to establish the following electricity goals for investor-owned electric utilities to achieve by 2018:

  • A demonstrated reduction of peak demand by at least 5% of the retail peak demand level in 2006; and
  • Demonstrated energy savings of at least 5% compared to the energy sales in 2006.

The bill extends the programs to 2028 and requires the commission to set goals of at least 5% peak demand reduction and 5% energy savings by 2028 for demand-side management programs implemented during 2019 through 2028 when compared to 2018 numbers.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/18/2017 Governor Signed
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1232 Public Utilities Alternative Fuel Motor Vehicles 
Sponsors: J. Danielson / K. Priola
Summary:

In an existing provision that authorizes resellers of electricity and natural gas to provide motor vehicle charging or fueling stations as unregulated services, the bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery.

The bill allows a utility to apply to build facilities to support alternative fuel vehicles. Standards are set for approval. When a facility is built, the rate and charges for the services:

  • May allow a return on any investment made by an electric public utility at the weighted average cost of capital at the electric public utility's most recent rate of return on equity approved by the public utilities commission (commission);
  • May allow a return on any investment made by a natural gas public utility at the utility's weighted average cost of capital at the public utility's most recent rate of return on equity approved by the commission; and
  • Must be recovered from all customers of an electric or natural gas public utility in a manner that is similar to the recovery of distribution system investments.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1242 New Transportation Infrastructure Funding Revenue 
Sponsors: D. Mitsch Bush | C. Duran / R. Baumgardner | K. Grantham
Summary:

Section 17 of the bill requires a ballot question to be submitted to the voters of the state at the November 2017 statewide election that seeks approval for the state to temporarily impose additional state sales and use taxes for 20 years beginning January 1, 2018, and to issue up to a specified amount of transportation revenue anticipation notes (TRANs) for the purpose of funding specified state transportation projects. If the voters approve the temporary additional sales and use taxes and the issuance of TRANs, the new sales and use tax revenue and TRANs proceeds generated are allocated, pursuant to sections 7, 14, 15, 16, and 19, solely for transportation funding purposes as follows:

  • $375 million of the new sales and use tax revenue annually and all TRANs proceeds to the state highway fund for use by the department of transportation (CDOT) to repay the TRANs and to fund qualified federal aid transportation projects, including multimodal capital projects, that are designated for tier 1 funding as ten-year development program projects on CDOT's 2017 development program project list until all of the projects are fully funded, for tier 2 funding for such projects thereafter, and for maintenance, including rapid response maintenance, of state highways; and
  • Of the remaining new sales and use tax revenue:
  • 70% to counties and municipalities in equal total amounts; and
  • 30% to a multimodal transportation options fund created in section 22.

If the voters approve the ballot question:

  • Sections 5 and 8 respectively impose additional state sales and use taxes at a rate of 0.62% and exempt the sale, storage, use, and consumption of aviation fuels from the additional taxes. Section 9 ensures that revenue generated by the new taxes that is attributable to sales of marijuana and marijuana products is used for transportation purposes by exempting such revenue from the existing requirement that state sales and use tax revenue attributable to such sales by credited to the marijuana tax cash fund.
  • Section 17 requires the transportation commission to covenant that amounts it allocates on an annual basis to pay TRANs shall be paid: First, from $50 million of any legally available money under its control other than the new sales and use tax revenue; next, from the new sales and use tax revenue; and last, if necessary, from any other legally available money under its control any amount needed for payment of the TRANs until the TRANs are fully repaid;
  • The new sales and use tax revenue allocations to counties and municipalities are further allocated, pursuant to sections 15 and 16, to each county and municipality in accordance with certain existing statutory formulas used to allocate highway users tax fund (HUTF) money to each county and municipality;
  • Section 10 repeals an existing late vehicle registration fee.
  • Section 12 requires CDOT to evaluate options for more flexible use of high-occupancy vehicle and high-occupancy toll lanes and to report to the transportation legislation review committee (TLRC) regarding the evaluation no later than August 1, 2018.
  • Section 14 repeals the existing statutory requirement that at least 10% of the sales and use tax net revenue and other general fund revenue that may be transferred or appropriated to the HUTF and subsequently credited to the state highway fund must be expended for transit purposes or transit-related capital improvements and limits the use of new state sales and use tax revenue for toll highways;
  • Section 22 creates a transportation options account and a pedestrian and active transportation account in the fund and requires the transportation commission to designate the percentages of fund revenue to be credited to each account subject to the limitations that for any given fiscal year no more than 75% of the revenue may be credited to the transportation options account and at least 25% of the revenue must be credited to the pedestrian and active transportation account;
  • Section 22 also creates a multimodal transportation options committee of gubernatorial and legislative appointees representing transit agencies, transportation planning organizations, and local governments and the executive director of CDOT or the executive director's designee as a type 1 agency within CDOT for the purpose of allocating the money in the transportation options account of the fund for transportation options projects throughout the state. Under the supervision and guidance of the committee, section 11 requires the transit and rail division of CDOT to solicit, receive, and evaluate proposed transportation options projects and propose funding for interregional transportation options projects. Any transportation options project receiving funding from either account of the fund must also be funded by at least an equal total amount of local government, regional transportation authority, or transit agency funding; except that small local governments and transit agencies may provide 20% matching money.
  • Section 22 also requires CDOT to allocate the money in the pedestrian and active transportation account of the fund for projects for transportation infrastructure that is designed for users of nonmotorized mobility-enhancing equipment and persons with disabilities who use motorized wheelchairs, scooters, or functionally similar assistive technology;
  • Section 3 eliminates transfers of general fund revenue to the HUTF that are scheduled under current law to be made for state fiscal years 2017-18, 2018-19, and 2019-20;
  • Section 21 reduces the state road safety surcharges imposed on motor vehicles weighing 10,000 pounds or less are reduced for the same period during which the rates of the state sales and use taxes are increased. The resulting reduction in state fee revenue is taken entirely from the share of such fee revenue that is kept by the state so that county and municipal allocations of such revenue are not reduced.
  • Section 18 requires CDOT to annually report to the joint budget committee, legislative audit committee, house transportation and energy committee, and senate transportation committee regarding its use of TRANs proceeds and to post the reports and certain user-friendly project-specific information on its website; and
  • Section 20 creates a transportation revenue anticipation notes citizen oversight committee is created to provide oversight of the expenditure by the department of the proceeds of additional TRANs. The committee must annually report to the TLRC regarding its activities and findings.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/25/2017 Senate Committee on Finance Postpone Indefinitely
Position:
News: Fix Colorado Roads breaks down transportation bill
Calendar Notification: NOT ON CALENDAR

HB17-1256 Oil And Gas Facilities Distance From School Property 
Sponsors: M. Foote / I. Aguilar | M. Jones
Summary:

As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/12/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1275 Increase Solid Waste Diversion 
Sponsors: F. Winter / K. Priola
Summary:

The bill directs the department of public health and environment and the Colorado office of economic development to assist in increasing waste diversion in Colorado by establishing diversion goals, encouraging and requiring data collection and reporting by counties and landfills, respectively, and providing technical assistance to counties and landfills regarding the data collection and reporting.

The bill appropriates $38,011 and .04 FTE to the office and $70,264 and 0.8 FTE to the department for implementation of the act.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/1/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1285 Refinance Water Pollution Control Program 
Sponsors: D. Mitsch Bush | P. Lawrence / J. Cooke | C. Jahn
Summary:

Current law finances the state's water quality program with a mix of general fund money and fees that are paid by sources that discharge pollutants into the state's waters. Section 2 of the bill raises the fees and establishes goals for future adjustments of the ratio of revenue from fees and the general fund as follows:

  • Commerce and industry sector: 50% general fund and 50% cash funds;
  • Construction sector: 20% general fund and 80% cash funds;
  • Municipal separate storm sewer: 50% general fund and 50% cash funds;
  • Pesticides sector: 94% general fund and 6% cash funds;
  • Public and private utilities sector: 50% general fund and 50% cash funds; and
  • Water quality certifications sector: 5% general fund and 95% cash funds.

Section 3 adjusts the reporting by the department of public health and environment on the uses of these funds. Section 5 transfers $809,107 from the water quality improvement fund to the general fund and further allocates that money to the commerce and industry, municipal separate storm sewer, and public and private utilities sector funds. Sections 6 through 13 make a variety of appropriations and adjustments to the 2017 long bill. Section 14 makes the fee increases take effect July 1, 2018.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/24/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1299 Transportation Legislation Review Committee Interim Hearing Electric Utility Energy Storage 
Sponsors: J. Coleman | C. Hansen / K. Donovan | S. Fenberg
Summary:

The bill directs the transportation legislation review committee (TLRC) to conduct a hearing during the 2017 interim on the potential economic benefits and costs of energy storage systems (e.g., batteries, heat sinks, pumped storage hydroelectric systems) that an electric utility may incorporate into its electric resource acquisition plans.

The hearing must take place on or before December 1, 2017.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/26/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

HB17-1323 PUC Ethics Add Consumer Protection 
Sponsors: D. Esgar / J. Cooke | L. Garcia
Summary:

Section 2 of the bill prohibits a person from serving on the public utilities commission if he or she:

  • Has, within the immediately preceding 4 years, served as an officer or director of a regulated utility; or
  • Has or acquires any official relation to, or financial interest in, a regulated utility. 'Financial interest' does not include passive ownership of stocks through a mutual fund or similar vehicle.

Section 3 encourages the director of the commission to assign employees to temporary training and development sessions with other state agencies, particularly those with which the commission has frequent interaction, to improve the employees' substantive expertise and familiarity with the operations of those agencies. Section 3 also requires the director to keep audio records of the commission's proceedings and make them publicly available online.

In addition, section 3 expressly authorizes the executive director of the department of regulatory agencies (of which the commission is a part) to request that the state auditor conduct performance audits of the commission and its staff and operations.

Section 5 directs the commission to adopt rules concerning conflicts of interest, incompatible activities, and ex parte communications to govern the conduct of commission members, staff, and administrative law judges.

Sections 1 and 4 make conforming amendments.

Section 6 appropriates $22,812 to the department of regulatory agencies for legal services.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/4/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1339 Colorado Energy Impact Assistance Act 
Sponsors: C. Hansen | D. Esgar / M. Jones | A. Kerr
Summary:

The bill, known as the 'Colorado Energy Impact Assistance Act', authorizes any investor-owned 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 a power plant occurs. 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 a specified percentage 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. 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.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/3/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1348 Prohibit HOV High Occupancy Vehicle 3 Requirement North I-25 Express Lanes 
Sponsors: S. Lebsock / R. Scott
Summary:

The bill specifies that on and after July 1, 2018, the use of any north interstate highway 25 express lane that is operated or managed by the high-performance transportation enterprise or by a partner of the transportation enterprise under the terms of a public-private partnership is free for any motor vehicle that is occupied by 2 or more individuals, including the driver.
(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/4/2017 House Committee on Transportation & Energy Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1362 Plan For Addressing Statewide Infrastructure Needs 
Sponsors: D. Mitsch Bush / R. Baumgardner | N. Todd
Summary:

The bill requires the transportation legislation review committee to meet at least once together with the capital development committee in the course of the committees' regular business to discuss a plan to address critical statewide infrastructure needs and how such critical needs should be funded.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/4/2017 Senate Committee on Finance Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1363 Exempt New Energy Requirement If Not Subordinate Lien 
Sponsors: C. Hansen / B. Martinez Humenik
Summary:

Current law authorizes a homeowner to finance certain energy efficiency improvements to the home through a loan pursuant to the property assessed clean energy (PACE) program. The program requires an applicant to file a title commitment on the home and a hearing must be held in order to seek a voluntary subordination of existing liens to the program's junior lien.

The bill exempts a homeowner from the title commitment and hearing requirements if the owner or lender is not seeking to subordinate the priority of existing liens.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/22/2017 Sent to the Governor
Position:
News:
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(28) in senate calendar.

HB17-1366 Measurable Goals Deadlines Colorado Climate Action Plan 
Sponsors: J. Arndt | F. Winter / J. Kefalas
Summary:

The bill requires:

  • The state climate action plan to include specific, measurable goals, the achievement of which will both reduce Colorado's greenhouse gas emissions and increase Colorado's adaptive capability to respond to climate change, along with associated near-term, mid-term, and long-term deadlines to achieve the goals; and
  • The annual climate report to the general assembly to include an analysis of the progress made in meeting the measurable goals and deadlines specified in the plan.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/8/2017 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

HB17-1372 Oil Gas Operators Disclose Pipe Location Development Plans 
Sponsors: S. Lebsock | M. Foote
Summary:

The bill requires an oil and gas operator to give electronic notice, in a format and by a deadline established by the Colorado oil and gas conservation commission by rule, of the location of each flow line, gathering pipeline, and transmission pipeline installed, owned, or operated by the operator to the director of the commission and each local government within whose jurisdiction the subsurface facility is located. The commission shall post the information on its website in a searchable database.

The commission recently promulgated several rules to implement 2 of the recommendations of the governor's oil and gas task force. The bill also codifies some of the essential elements of one of the 2 recommendations, with the following modifications: The rules require operators to share their development plans with municipalities where the proposed operations will occur; and the bill adds counties where the proposed operations will occur.


(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/10/2017 House Second Reading Special Order - Laid Over Daily - No Amendments
Position:
News:
Calendar Notification: Wednesday, May 10 2017
SPECIAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.

HB17-1373 General Fund Transfers For CO Colorado Energy Office Cash Funds 
Sponsors: J. Bridges | C. Hansen / D. Moreno
Summary:

Section 1 of the bill continues the general fund transfer to the clean and renewable energy fund for one year.

Section 2 adds one year of funding for the innovative energy fund from the general fund.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/9/2017 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-022 Rural Economic Advancement Of Colorado Towns 
Sponsors: K. Donovan
Summary:

The bill authorizes the executive director of the department of local affairs (department) or the executive director's designee to coordinate the provision of nonmonetary resources to assist with job retention or creation in a rural community experiencing a significant economic event, such as a plant closure or layoffs, including industry-wide layoffs, that has a significant, quantifiable impact on jobs within that community.

The bill also authorizes the executive director of the department or the executive director's designee to award money to qualifying rural communities experiencing a significant economic event and creates the rural economic advancement of Colorado towns fund (fund), to be administered by the executive director of the department for grant-making purposes over the next 3 years. For the 2017-18, 2018-19, and 2019-20 state fiscal years, $500,000 is transferred each year from the general fund to the fund and the money in the fund is continuously appropriated to the department.


(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 2/14/2017 Senate Committee on Finance Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-089 Allow Electric Utility Customers Install Energy Storage Equipment 
Sponsors: S. Fenberg
Summary:

The bill declares that consumers of electricity have a right to install and use electricity storage systems on their property, and this will enhance the reliability and efficiency of the electric grid, save money, and reduce the need for additional electric generation facilities.

The bill directs the Colorado public utilities commission to adopt rules under which:

  • Residential and small commercial consumers can install electricity storage systems with a discharge rate of up to 25 kilowatts (kW) alternating current (AC) for later use or to provide backup in case of an outage;
  • The utility and interconnection approval process for photovoltaic plus storage systems must be simple and streamlined, subject to electrical code and safety requirements but not more complex than existing approval requirements for photovoltaic installations;
  • A utility whose customer installs electricity storage must use only a single revenue meter unless the storage system exceeds a discharge rate of 25 kW AC; and
  • Any applicable standby charges, minimum charges, additional meter charges, or other fees or charges are identical as between customers with electricity storage systems and those without.
    (Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 2/8/2017 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Position: Actively Support
News:
Calendar Notification: NOT ON CALENDAR

SB17-105 Consumer Right To Know Electric Utility Charges 
Sponsors: L. Garcia / D. Esgar | K. Becker
Summary:

The bill requires an investor-owned electric utility to file with the public utilities commission (commission) for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. An investor-owned electric utility shall file the comprehensive billing format pursuant to a schedule determined by the commission. The comprehensive billing format must include the following:

  • A line-item representation of all monthly charges and credits applied to the customer and an indication whether the charges have increased from the prior month as a result of increased fuel costs;
  • For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month;
  • The rate and usage for the current month and each of the previous 12 months, as shown in a bar graph or other visual format; and
  • For customers to which demand rates apply, a listing of the demand charge, aggregated data about the demand during the billing period, and, if the customer is a residential customer, a calculation of the amount that the customer would have been billed had standard residential rates applied.

The bill also requires each investor-owned utility to provide its customers, on a biannual basis, with an insert that indicates, as a percentage, each fuel source used in power generation and purchased for the utility.

The bill sets forth procedures for the commission's review of a filed comprehensive billing format and provides that once a comprehensive billing format has been approved by the commission, the investor-owned utility need not refile it unless changes have been made to it.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/1/2017 Signed by the Speaker of the House
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB17-145 Electric Utility Distribution Grid Resource Acquisition Plan 
Sponsors: S. Fenberg / M. Foote
Summary:

The bill directs specified electric utilities to prepare, and the Colorado public utilities commission to review, proposals to integrate distributed energy resources into their plans to acquire new infrastructure. 'Distributed energy resources' is defined to include renewable distributed generation facilities, such as rooftop solar, energy storage facilities, electric vehicles, and other features of an improved and diversified electrical grid architecture. The commission may approve the plans as submitted or modify them in ways that improve system reliability, reduce costs, or increase the benefits to ratepayers.


(Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 2/15/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position: Support
News:
Calendar Notification: NOT ON CALENDAR

SB17-179 Fee Limits For Solar Energy Device Installations 
Sponsors: A. Kerr | B. Gardner / L. Herod | L. Sias
Summary:

The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other fees that counties, municipalities, or the state may charge for installing solar energy devices or systems.

The bill also clarifies that the statutory limitations on the amount of fees applies to any related or associated fees, not just to permit or plan review fees.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 4/28/2017 Governor Signed
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-188 Repeal Income Tax Credit Innovative Motor Vehicles 
Sponsors: V. Marble
Summary:

The bill repeals the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases entered into on or after January 1, 2018.

For the 2017-18 state fiscal year and each fiscal year thereafter through the 2020-21 state fiscal year, the bill requires the state controller to credit an amount of tax revenue estimated to be retained by the repeal of the income tax credits to the highway users tax fund.

The bill requires the secretary of state to submit a ballot question, to be treated as a proposition, at the statewide election to be held in November 2017 asking the voters:

  • To increase state tax revenue by a specified amount in each fiscal year through the 2020-21 state fiscal year by the repeal of the income tax credit for innovative motor vehicles and the income tax credit for innovative trucks;
  • To credit the resulting estimated tax revenue to the highway users tax fund; and
  • To allow an estimate of the resulting tax revenue to be collected and spent notwithstanding any limitations in section 20 of article X of the state constitution (TABOR).
    (Note: This summary applies to this bill as introduced.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 4/24/2017 Senate Second Reading Laid Over to 05/11/2017 - No Amendments
Position: Oppose
News:
Calendar Notification: NOT ON CALENDAR

SB17-252 Utility Cost-saving Contract For Local Governments 
Sponsors: J. Tate / J. Coleman | L. Liston
Summary:

Current law allows boards of political subdivisions to enter into energy cost-savings contracts for utility cost savings. Utility cost savings are defined in law to include an installation, modification, or service that is designed to reduce energy consumption and related operating costs in buildings and other facilities.

The bill specifies that the boards may also enter into energy cost-savings contracts for increasing meter accuracy, which is defined as a utility cost-savings measure.

The bill also changes the definition of 'operation and maintenance cost savings' to clarify that the calculation must be made on a net basis.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/11/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-267 Sustainability Of Rural Colorado 
Sponsors: J. Sonnenberg | L. Guzman / J. Becker | K. Becker
Summary:

Section 16 of the bill repeals the existing hospital provider fee program, effective July 1, 2017, and section 17 creates a new Colorado healthcare affordability and sustainability enterprise (CHASE) within the department of health care policy and financing (HCPF), effective July 1, 2017, to charge and collect a healthcare affordability and sustainability fee that functions similarly to the repealed hospital provider fee. Because CHASE is an enterprise for purposes of the Taxpayer's Bill of Rights (TABOR), its revenue does not count against the state fiscal year spending limit (Referendum C cap).

Section 17 of the bill also requires CHASE to seek any federal waiver necessary to fund and, in cooperation with HCPF and hospitals, support the implementation, no earlier than October 1, 2019, of a health care delivery system reform incentive payments program. Sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 make conforming amendments, with section 32 extensively modifying FY 2017-18 appropriations to reflect the repeal of the hospital provider fee program and the creation of CHASE. Section 34 specifies that the effective date of sections 2, 3, 6, 7, 11, 13, 15 through 20, 22, and 32 of the bill is July 1, 2017, and that those sections do not take effect if the centers for medicare and medicaid services determine that they do not comply with federal law.

Section 11 of the bill permanently reduces the Referendum C cap by reducing the FY 2017-18 cap by $200 million and specifying that the base amount for calculating the cap for all future state fiscal years is the reduced FY 2017-18 cap. As is the case under current law, the reduced cap is annually adjusted for inflation, the percentage change in state population, the qualification or disqualification of enterprises, and debt service changes.

Section 24 of the bill specifies that for any state fiscal year commencing on or after July 1, 2017, for which revenue in excess of the reduced Referendum C cap is required to be refunded in accordance with TABOR, reimbursement for the property tax exemptions for qualifying seniors and disabled veterans that is paid by the state to local governments for the property tax year that commenced during the state fiscal year is a refund of such excess state revenue. The exemptions continue to be allowed at current levels and the state continues to reimburse local governments for local property tax revenue lost as a result of the exemptions regardless of whether or not there are excess state revenues. Section 27 prioritizes the new TABOR refund mechanism ahead of the existing temporary state income tax rate reduction refund mechanism as the first mechanism used to refund excess state revenue.

Section 12 of the bill requires the state, on or after July 1, 2018, to execute lease-purchase agreements, including associated certificates of participation (COPs), for up to $2 billion of eligible facilities identified collaboratively by the state architect, the office of state planning and budgeting (OSPB), and state institutions of higher education for the purpose of generating funding for capital construction projects and transportation projects. The lease-purchase agreements must be issued in increments of up to $500 million in FYs 2018-19, 2019-20, 2020-21, and 2021-22. The first $120 million of lease-purchase agreement proceeds from the FY 2018-19 issuance must be used to fund capital construction projects with most of that amount being dedicated for funding of level I, II, and III controlled maintenance projects. The first $120 million of lease-purchase agreement proceeds from the FY 2019-20 issuance must be used for capital construction projects as prioritized by the capital development committee. Remaining proceeds are credited to the state highway fund and are required by section 31 to be expended to fund state strategic transportation project investment program projects that are designated for tier 1 funding as 10-year development program projects on the department's development program project list, with at least 25% of such proceeds being expended to fund projects that are located in rural counties. At least 10% of such proceeds must be expended for transit purposes or for transit-related capital improvements.

The maximum term of the lease-purchase agreements is 20 years, and the maximum total annual repayment amount for lease-purchase agreements is $150 million. Lease-purchase agreements must be paid, subject to annual appropriation by the general assembly or annual allocation by the transportation commission, first from up to $9 million from the general fund or any other legally available source of money, next from up to $50 million of legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements, and last from up to $85 million from the general fund or any other legally available source of money.

Sections 5 and 8 of the bill specify that an academic facility is not eligible for controlled maintenance funding if it is acquired or constructed, or, if it is an auxiliary facility repurposed for use as an academic facility, solely from a state institution of higher education's cash and operated and maintained from such cash funds and if the acceptance of construction or repurposing occurs on or after July 1, 2018.

Section 29 of the bill, in accordance with previously granted voter approval, increases the rate of the retail marijuana sales tax, which is currently 10% and is scheduled under current law to decrease to 8%, to 15%, effective July 1, 2017. Section 30 holds local governments that currently receive an allocation of 15% of state retail marijuana sales tax revenue based on the current tax rate of 10% (i.e. the amount attributable to a 1.5% tax rate) harmless by specifying that on and after July 1, 2017, they receive an allocation of 10% of state retail marijuana sales tax revenue based on the new rate of 15% (i.e., the same amount attributable to a 1.5% tax rate).

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state FY 2017-18:

  • 28.15% less $30 million stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • $30 million is credited to the state public school fund and distributed to rural school districts as specified in section 4.

Of the 90% of the state retail marijuana sales tax revenue that the state retains for state fiscal year 2018-19 and for each succeeding state fiscal year:

  • 15.56% stays in the general fund;
  • 71.85% is credited to the marijuana tax cash fund; and
  • 12.59% is credited to the state public school fund and distributed to all school districts as specified in section 4.

Section 4 of the bill requires the $30 million of state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2017-18 to be appropriated to the department of education and allocated 55% to large rural school districts and 45% to small rural school districts and then distributed to the large and small rural school districts on a per pupil basis. Section 4 requires all of the state retail marijuana sales tax revenue that is transferred to the state public school fund for FY 2018-19 and for each subsequent fiscal year to be distributed to all school districts and institute charter schools as part of the state share of total program funding. On and after July 1, 2017, section 28 offsets a portion of the state retail marijuana sales tax rate increase by exempting retail sales of marijuana upon which the state retail marijuana sales tax is imposed from the 2.9% general state sales tax and section 23 makes a conforming amendment to ensure that local governments can continue to impose their local general sales taxes on retail sales of marijuana.

Section 9 of the bill requires each principal department of state government, other than the departments of education and transportation, that submits an annual budget request to the OSPB, when submitting its budget request for FY 2018-19 to the OSPB, to request a total budget for the department that is at least 2% lower than its actual budget for the FY 2017-18. The OSPB must strongly consider the budget reduction proposals made by each principal department when preparing the annual executive budget proposals to the general assembly for the governor and must seek to ensure that the executive budget proposal for each department for FY 2018-19 is at least 2% lower than the department's actual budget for FY 2017-18.

Section 10 of the bill eliminates FY 2018-19 and FY 2019-20 general fund transfers to the highway user tax fund required by current law. The eliminated transfers are in the amounts of $160 million on June 30, 2019, and $160 million on June 30, 2020.

Section 14 of the bill specifies that on and after January 1, 2018, for pharmacy and for hospital outpatient services, including urgent care centers and facilities and emergency services provided under the 'Colorado Medical Assistance Act', HCPF rules that specify the amount of copayments for such services must require the recipient to pay:

  • For pharmacy, at least double the average amount paid by recipients in state fiscal year 2015-16; or
  • For hospital outpatient services, at least double the amount required to be paid as specified in the rules as of January 1, 2017; except that
  • For both pharmacy and hospital outpatient services, the amount required to be paid by the recipient may not exceed any specified maximum dollar amount allowed by federal law or regulations as of January 1, 2017.

Section 21 of the bill requires HCPF, within 120 days of the enactment of the federal 'Advancing Care for Exceptional Kids Act' (ACE Kids Act) and subject to available appropriations, to seek any federal approval necessary to fund, in cooperation with hospitals that meet the specified requirements, the implementation of an enhanced pediatric health home for children with complex medical conditions. HCPF must comply with ACE Kids Act requirements for its participation.

Section 25 of the bill terminates an existing temporary income tax credit for business personal property taxes paid that is available only for income tax years commencing before January 1, 2020, one year early so that it is available only for income tax years commencing before January 1, 2019. Section 26 replaces the terminated temporary credit with a more generous permanent income tax credit for business personal property taxes paid on up to $18,000 of the total actual value of a taxpayer's business personal property.

Section 1 of the bill makes a legislative declaration that all provisions of Senate Bill 17-267 relate to and serve and are necessarily and properly connected to the General Assembly's purpose of ensuring and perpetuating the sustainability of rural Colorado.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/19/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.

SB17-271 Investor-owned Utility Cost Recovery Transparency 
Sponsors: J. Cooke / D. Pabon
Summary:

The bill requires the public utilities commission (commission) to open a nonadjudicatory proceeding to evaluate investor-owned gas or electric utilities' policies and procedures for load extension of service,including allocation of costs and identification of variables that affect construction and implementation time lines for extension of service. Gas-only investor-owned utilities are not subject to the commission's nonadjudicatory proceeding.

Upon completion of its evaluation, the commission shall issue a decision containing recommendations for investor-owned utilities' implementation of service extension. Within 90 days after the conclusion of the commission's nonadjudicatory proceeding, the commission may promulgate rules consistent with its findings.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/18/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-278 Prohibit Nuisance Exhibition Motor Vehicle Exhaust 
Sponsors: D. Coram / J. Ginal
Summary:

The bill prohibits engaging in a nuisance exhibition of motor vehicle exhaust, which is the act of knowingly blowing black smoke through one or more exhaust pipes attached to a motor vehicle with a gross vehicle weight rating of 14,000 pounds or less in a manner that obstructs or obscures the view of another driver, a bicyclist, or a pedestrian. A person who violates the prohibition commits a class A traffic infraction, punishable by a fine of $100.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments:
Status History: Status History
Status: 5/15/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: NOT ON CALENDAR

SB17-301 Energy-related Statutes 
Sponsors: R. Scott | V. Marble / L. Saine | K. Becker
Summary:

Section 1 of the bill provides a nonstatutory legislative declaration about the changes in law set forth in section 2 of the bill.

Section 2 directs the public utilities commission to adopt rules by which it will evaluate applications filed by Colorado's investor-owned natural gas utilities to acquire interests in natural gas reserves, which at a minimum must establish criteria for asset evaluation and application review and administration; except that an investor-owned utility's costs associated with any approved application may not be recovered through base rates.

Section 3 adds a legislative declaration about the Colorado oil and gas commission's notice to operators to require operators in the state to identify and inspect flowlines within one thousand feet of a building unit to ensure and document integrity of flowlines statewide and to verify that any existing flowline that is not in active use be properly abandoned. This section also requires the commission to regularly report progress to the general assembly.

Section 4 requires, as part of the electric resource planning process, each qualifying retail utility in Colorado to submit to the public utilities commission a proposal for a distribution resource plan. The section also requires the commission to review the proposal and either approve, modify and approve, or reject the plan for the qualifying retail utility.

Section 5 repeals the wind for schools grant program.

Section 6 repeals the renewable energy and energy efficiency for schools loan program.

Section 7 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating.

Section 8 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals.

Section 9 :

  • Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote;
  • Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments;
  • Repeals certain programs for which the office is responsible; and
  • Requires the director of the office and the executive director of the department of natural resources, or their designees, to convene stakeholders for one or more meetings before November 1, 2017, to identify voluntary methods to address funding shortfalls associated with the long-term management of abandoned oil and gas facilities.

Section 10 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities.

Section 11 adds 4 years of funding for the innovative energy fund from the general fund and removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development.

Section 12 clarifies that the electric vehicle grant fund may be used to offset costs associated with charging stations for electric vehicles.

Section 13 repeals the office's authority to submit a proposal for credentialing photovoltaic installers.

Section 14 repeals the green building incentive pilot program.

Section 15 repeals the 'Colorado Clean Energy Finance Program Act'.

Section 16 removes the office's responsibility to maintain a list of solar installers, the requirement for a builder to offer that list to customers, and the requirement for the office to offer training on solar installations.

Section 17 removes a requirement for a 2018 study by the office on alternative fuel truck emissions.

Section 18 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state.

Section 19 removes the office as the administrator of the Colorado carbon fund special license plate.

Section 20 increases the registration fee on electric motor vehicles and the portion of the fee that is earmarked for the highway users tax fund to offset the reduced gas tax collected as a result of the vehicle's increased efficiency.

Current law authorizes a homeowner to finance certain energy efficiency improvements to the home through a loan pursuant to the property assessed clean energy program (PACE). PACE requires an applicant to file a title commitment on the home and a hearing must be held in order to seek a voluntary subordination of existing liens to PACE's junior lien. Sections 21 through 24 exempt a homeowner from the title commitment and hearing requirements if the owner is not seeking to subordinate the priority of existing liens and clarifies that housing authorities can use PACE as a completely voluntary assessment.

Sections 25 and 26 make conforming amendments.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Notes:

Fiscal Note

Amendments: Amendments
Status History: Status History
Status: 5/11/2017 Senate Considered House Amendments - Result was to Adhere
Position:
News:
Calendar Notification: Wednesday, May 10 2017
THIRD READING OF BILLS - FINAL PASSAGE
(8) in house calendar.

SJM17-005 Reduce Energy Subsidies 
Sponsors: M. Jones / M. Foote
Summary: *** No bill summary available ***
Fiscal Notes:
Amendments:
Status History: Status History
Status: 4/26/2017 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely
Position:
News:
Calendar Notification: NOT ON CALENDAR

SJR17-043 Attorney General Sue Environmental Protection Agency For Gold King Mine Spill 
Sponsors: D. Coram / B. McLachlan
Summary: *** No bill summary available ***
Fiscal Notes:
Amendments: Amendments
Status History: Status History
Status: 5/15/2017 Signed by the President of the Senate
Position:
News:
Calendar Notification: Wednesday, May 10 2017
CONSIDERATION OF RESOLUTION(S)
(6) in house calendar.