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Bill Tracker

based on: Profile: 2018 CREA Active Legislation

 
 
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Bill: HB18-1018
Title: Human Trafficking Commercial Driver's License
CREA Summary

As introduced, this bill requires the Department of Revenue, which houses the Division of Motor Vehicles, to create a program for training on the recognition, prevention, and reporting of human trafficking. 

The bill was amended to state that the department of revenue shall require new applicants for CDLs to pass this training.  

CREA Analysis

This bill requires education from the Department of Revenue and Division of Motor Vehicles to create and promote rules to educate about human trafficking for drivers getting a commercial drivers license.  Human trafficking often takes place at truck stops, the intent of this bill is aimed at that educating those drivers.  The bill includes education on human trafficking at all CDL schools, which would include co-op drivers who have to get a CDL. 

The measure would only apply to private truck driver training schools who are training new drivers to get their CDL. This legislation would not apply to any existing co-op drivers that have CDLs.

The training would become part of the existing curriculum so there would be no additional cost.  The materials are provided at no cost to the schools through existing organizations that combat human trafficking today.

According to the Colorado Motor Carriers Association, they did not want to create a new requirement for any existing CDL drivers toward renewing their licenses nor affect companies who may be training their employees as drivers.  Thus the measure is deliberately very narrow.

This bill passed the House 54-10, 1 excused with Becker J., Beckman, Everett, Humphrey, Leonard, Neville, P., Rankin, Ransom, Willett voting no. 

HB18-1018 passed the Senate 23-12 with Senators Baumgardner, Crowder, Gardner, Holbert, Jahn, Lambert, Lundberg, Marble, Neville T., Smallwood, Sonnenberg, & Tate voting no. 

Governor signed on April 12 

Position
Senate SponsorsR. Zenzinger (D)
J. Cooke (R)
House SponsorsT. Carver (R)
D. Jackson (D)
StatusGovernor Signed (04/12/2018)
Hearing Date

Bill: HB18-1080
Title: Climate Leadership Awards Program
CREA Summary

This bill would establish a Colorado climate leadership awards program for individuals or organizations. 

CREA Analysis

This bill would establish a Colorado Climate Leadership Award for organizations and individual leadership in response to climate change. The award requirements are based on objective scientific criteria designed to measure the actual or anticipated effect of actions intended to reduce greenhouse gases and emissions. The bill outlines rules for eligibility including Colorado residency. 

The bill was postponed indefinitely in House Transportation & Energy unanimously. 

Position
Senate Sponsors
House SponsorsE. Hooton (D)
StatusHouse Committee on Transportation & Energy Postpone Indefinitely (02/07/2018)
Hearing Date

Bill: HB18-1085
Title: Health Effects Industrial Wind Turbines
CREA Summary

This bill requires the Colorado Department of Public Health and Environment to research the potential health effects on humans and animals from noise or stray voltage generated by industrial wind energy turbines.  

CREA Analysis

The legislation requires a report from the Department of Public Health and Environment on the health effects from industrial wind turbines. Industrial sized wind turbines are defined as having the capacity to generate at least one and one-half megawatts of electricity.  The bill specifies that the Department would not request appropriations to conduct this research, but may apply for grants or donations to complete the report.  Although the bill sponsor specified in the bill the research would be conducted through grants and gifts, there is a fiscal note of $48,071 attached to this bill. 

This bill was postponed indefinitely in House Transportation & Energy Committee on a party-line vote.

Position
Senate Sponsors
House SponsorsP. Lundeen (R)
StatusHouse Committee on Transportation & Energy Postpone Indefinitely (02/08/2018)
Hearing Date

Bill: HB18-1099
Title: Broadband Deployment Level Playing Field
CREA Summary

This bill adds provisions to the criteria that the Broadband Deployment Board is required to develop for an incumbent telecommunications provider's exercise of a right of first refusal in an unserved area of the state.  

The current grant program for rural broadband allows incumbent providers to appeal an award. 

CREA Analysis

This bill would hold incumbent providers accountable when they invoke the right of first right of refusal. The legislation requires incumbent providers who appeal an awarded grant must provide equal or faster than the speeds indicated in the original broadband fund applicant's proposed project. The bill also requires that the cost per household in the area to be served is equal to or less than the cost per household indicated in the applicant's proposed project. 

This bill passed the House 61-2 with 1 excused, 1 vacancy

Passed the Senate 35-0

Governor signed on April 2. 

Position
Senate SponsorsD. Coram (R)
House SponsorsB. McLachlan (D)
M. Catlin (R)
StatusGovernor Signed (04/02/2018)
Hearing Date

Bill: HB18-1107
Title: Prewire Residence For Electric Vehicle Charging Port
CREA Summary

This bill would require builders of new residences offer buyers the option to have electric vehicle charging stations. 

CREA Analysis

Under current law, builders must offer a solar prewire option to homebuyers of newly constructed residences.  This bill would make a similar requirement for new builders to offer the option to install charging stations for electric vehicles. The bill also specifies that builders accommodate for ease of future installation of necessary wiring for such a system.  

When bill sponsor Rep. Weissman’s (D-Aurora) gave his remarks on the legislation at the hearing in House Transportation & Energy, he cited Gunnison County Rural Electric as an example of an electric utility promoting electric vehicles.

This bill passed the House 34-28, with 3 excused.  

HB18-1107 was postponed indefinitely in Senate Transportation on a party-line vote. 

Position
Senate SponsorsK. Priola (R)
House SponsorsM. Weissman (D)
StatusSenate Committee on Transportation Postpone Indefinitely (03/20/2018)
Hearing Date

Bill: HB18-1116
Title: Broadband Deployment Board Apply For Federal Funds
CREA Summary

This bill allows the Broadband Board to apply for federal funding of broadband deployment projects and programs. The bill allows the state to apply for a waiver from the FCC to apply for Connect America Fund phase 2 (CAF II) money and would allow the board to allocate CAF II money for broadband deployment projects approved by the state Broadband Board. These CAF II funds would be available in 2018. 

CREA Analysis

New York is the only state that has successfully applied for a state waiver for Connect America Fund (CAF) dollars. This bill would direct the state's broadband board to use the New York model and apply for CAF II dollars available in 2018. If the waiver is successful and money is granted to the Broadband Board, the board would then allocate the federal funds.  This bill also says that the Broadband Board may coordinate with the FCC to comply with conditions established by the FCC in granting the petition. The Broadband Board may establish requirements that meet the FCC conditions. 

When New York was granted a waiver and awarded funds, the FCC put restrictions on who could apply for CAF funds in the state. The FCC established that individual providers in  New York would have to go to through the state for the federal funding.  Additionally, when New York applied for this waiver, Verizon had turned down the federal funds, but in Colorado, CenturyLink accepted the money when the CAF funds were dispersed that year.    

This bill passed out of the House 47-16, one excused with Representatives: Beckman, Buck, Everett, Humphrey, Leonard, Lewis, Liston, Lundeen, Neville, Ransom, Saine, Sandridge, Sias, Van Winkle, Williams, D., Wist voting no.  

This bill passed the Senate 34-0. 

Governor signed on January 29

Position
Senate SponsorsD. Moreno (D)
House SponsorsB. Rankin (R)
StatusSent to the Governor (01/29/2018)
Hearing Date

Bill: HB18-1128
Title: Protections For Consumer Data Privacy
CREA Summary

This bill requires that private entities that maintain paper or electronic documents for personal identifying information develop written policy for destruction or proper disposal of that information. 

CREA Analysis

The bill requires each governmental and private entity in the state that maintains data containing personally identifying information to develop a written policy ensuring all unneeded records are destroyed and rendered unreadable; implement and maintain adequate security measures against data breaches; notify affected individuals if a breach has compromised their personal information no later than 30 days after the breach; and notify the Colorado Attorney General within 30 days if the breach is believed to have affected 500 or more people.

Record Disposal Policy – requires each governmental and covered entity that owns or maintains personal identifying information with paper or electronic documents develop a written policy for the disposal of records. When no longer needed policy must require destruction of records so that the identification information is unreadable

Governmental entities regulated by state or federal laws need to have disposal procedures by state or federal laws

Security Procedures – the covered entity that has information or uses a third party must implement and maintain reasonable security procedures to protect information from unauthorized access. The third party vendors must maintain and implement reasonable security procedures. 

If a co-op uses a third-party vendor like NISC, the co-op must require NISC to protect the information unless the co-op agrees to provide its own security protection.

Governmental entities must implement reasonable security measures and be in compliance with state & federal law

Breach notification – adds definitions related to the disclosure of a security breach and requires a covered or governmental entity to give written notice to those affected if a security breach as soon as possible, but no later than 30 days from the date of the breach. Bill includes what needs to be included in the notification and how to contact credit agencies and the Federal Trade Commission

Breach reporting to Attorney General – bill requires that the CO Attorney General must be notified if a security breach has impacted 500 or more state residents. Attorney General is authorized to investigate and prosecute the breach. The bill was amended in the Senate with clarifying language and to say the Attorney General can designate a contact/point person for the investigations and that the designated person's contact information may be made public. 

 The bill passed the House as amended, 61-0, with 4 excused 

The bill passed the Senate 33-0, 2 excused 

The bill was amended in the Senate and went back to the House where they concurred with the Senate amendments. The bill is now on the way to the Governor's office 

Position
Senate SponsorsL. Court (D)
K. Lambert (R)
House SponsorsC. Wist (R)
J. Bridges (D)
StatusSent to the Governor (05/18/2018)
Hearing Date

Bill: HB18-1270
Title: Public Utilities Commission Evaluation Of Energy Storage Systems
CREA Summary

Requires the Colorado public utilities commission (PUC) to consider whether to adopt rules for the procurement of energy storage in investor-owned utility resource acquisition plans; if the PUC decides rules are needed, the bill sets out criteria for the rules.

CREA Analysis

This bill applies to investor-owned utilities only. 

The bill was amended in the Senate to remove language that the IOUs had wanted to be included in the bill. The bill stalled as the stakeholders negotiated language. As amended, the bill directs the PUC by February 1, 2019 to consider whether to establish, by rule as part of the planning process, mechanisms for the procurement of energy storage systems by IOUs. The bill also specifies that these mechanisms must not affect any open proceedings, ongoing resource acquisitions, or competitive bidding processes existing on Feb. 1, 2018. On or before May 1, 2019 electric utilities may file applications for rate-based projects, not to exceed 15 megawatts of capacity for energy storage systems. 

This bill passed the House 62-0, 3 excused

Passed Senate 26-9 with Fields, Garcia, Guzman, Jones, Kerr, Marble, Merrifield, Todd, and Zenzinger voting no. 

The bill was repassed by both chambers after agreements on amendments were reached. The bill was amended to include criteria for the PUC to consider for application approval. The criteria includes language about looking at reduced or added generation integration costs, avoided or added costs to the electric utility for integration.  

Position
Senate SponsorsJ. Tate (R)
House SponsorsJ. Becker (R)
C. Hansen (D)
StatusHouse Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass (05/08/2018)
Hearing Date

Bill: HB18-1271
Title: Public Utilities Commission Electric Utilities Economic Development Rates
CREA Summary

Authorizes investor-owned electric utilities to offer economic development rates to “qualifying commercial or industrial customers” (utility customers that agree to locate new operations in Colorado or expand exising operations that add at least 3 megawatts of load at a single location) and requires the PUC to approve such rates so long as they fall within commission-approved tariffs and the addition or expansion of existing load at a single location is equal to or less than 20 megawatts; the bill also says that IOUs may seek commission approval to acquire additional renewable capacity and energy for certain commercial or industrial customers.

CREA Analysis

This bill applies to IOUs only. 

This bill would allow an IOU to seek approval from the PUC to provide discounted rates in order to either encourage increased production from existing qualified commercial or industrial customers or attract new qualified commercial or industrial customers to Colorado. 

CREA is working with stakeholders to amend this legislation. 

This bill passed the House 46-17, 2 excused

Passed Senate 29-4 with Senators, Hill, Marble, Smallwood, Grantham voting no

Headed to the Governor for a signature 

Position
Senate SponsorsJ. Tate (R)
House SponsorsY. Willett (R)
M. Gray (D)
StatusSigned by the President of the Senate (05/14/2018)
Hearing Date

Bill: HB18-1274
Title: Reduce Greenhouse Gas Emissions by 2050
CREA Summary

Requires that “on or before the year 2050, the statewide emissions of greenhouse gases shall be reduced in Colorado by at least eighty percent below the levels of greenhouse gas emissions that existed in the year 2005, and the reduced levels of greenhouse gas emissions shall be maintained at or below the reduced levels thereafter.”

CREA Analysis

This bill would require the state to establish policies to reduce greenhouse gas emissions by at least 80% by 2050, from 2005 levels. 

This bill passed the House on a party-line vote. 

This bill was postponed indefinitely in Senate State Affairs on a party-line vote. 

Position
Senate SponsorsA. Kerr (D)
House SponsorsK. Becker (D)
J. Bridges (D)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/11/2018)
Hearing Date

Bill: HB18-1297
Title: Climate Change Preparedness And Resiliency
CREA Summary

This bill would adopt goals to reduce greenhouse gasses by 26% by 2025 compared to 2005 levels and reduce carbon dioxide emissions from electrical generation 25% by 2025 and 30% by 2030 when compared with 2012 levels. The bill also requires that Colorado Resiliency and Recovery Office in DOLA collect data to calculate the economic costs of climate change, collect data regarding the economic and environmental impacts of not addressing climate change and develop a model to estimate the future impact of climate change in Colorado including drought, wildfire, floods and to analyze the results based on regional and Colorado-specific climatic conditions currently and for the future.  

CREA Analysis

 This bill sets greenhouse gas emission reduction goals and charges the Colorado Resiliency and Recovery Office in DOLA to assess costs and state resiliency related to climate change. The bill comes with a General Fund appropriation of $432,345 to the Department of Local Affairs. 

The bill was postponed indefinitely in Senate State Affairs on a party-line vote. 

Position
Senate SponsorsK. Donovan (D)
House SponsorsB. Pettersen (D)
F. Winter (D)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/01/2018)
Hearing Date

Bill: HB18-1312
Title: Open Internet Customer Protections In Colorado
CREA Summary

This bill would make internet providers ineligible for broadband grant funds if a provider were to

1) block lawful internet content, applications, services, or devices unless consistent with reasonable network management practices

2) engage in paid prioritization of internet content 

3) regulate network traffic by throttling bandwidth, or impair or degrade lawful internet traffic

4) does not provide transparency of its reasonable network management practices 

The bill also sets up a system for the attorney general's office to develop steps for consumers to file a complaint with the Federal Trade Commission (FTC) and would allow a governmental body to contract with an internet service provider that would not engage in any of the above practices. 

CREA Analysis

This bill addresses net-neutrality and would limit access to broadband fund dollars if an internet service provider does not practice net-neutrality. Net-neutrality is the principle that internet service providers should enable access to all content and applications regardless of the source, and without favoring or blocking particular products or websites.

Providers are opposed to this bill. 

The bill was amended with more specific instructions on how to check for net-neutrality and instructions on reviewing federal trade commission and FCC websites to see if the agencies have issued rules on net-neutrality. This could impact broadband grant recipients if net-neutrality is violated. 

This bill passed House State Affairs 6-3 on a party-line vote. 

Bill was postponed indefinitely in Senate State Affairs on a party-line vote. 

Position
Senate SponsorsK. Donovan (D)
House SponsorsC. Hansen (D)
L. Herod (D)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/23/2018)
Hearing Date

Bill: HB18-1345
Title: Electric Transmission Lines Right Of First Refusal
CREA Summary

This bill establishes a process for an incumbent electric utility to exercise the right of first refusal to construct an electric transmission line that has been approved for construction if FERC approves a regional transmission plan. Incumbent providers would have 180 after the date of approval to give a written notice to the PUC that they intend to construct and maintain the line. If they do not provide written notice within the timeframe they give up the right of first refusal. 

CREA Analysis

This bill establishes a process for an incumbent electric utility to exercise the right of first refusal to construct an electric transmission line that has been approved for construction if FERC approves a regional transmission plan. Tri-State has no issues. 

This bill was postponed indefinitely. 

Position
Senate SponsorsD. Coram (R)
D. Moreno (D)
House SponsorsJ. Arndt (D)
C. Hansen (D)
StatusHouse Committee on Transportation & Energy Postpone Indefinitely (04/26/2018)
Hearing Date

Bill: HB18-1382
Title: Create Energy Legislation Review Committee
CREA Summary

House Bill 18-1382 creates an interim energy legislation review committee to study energy development, grid security, energy supply, and transmission planning in addition to other issues that impact energy policy in the state. 

CREA Analysis

This bill creates an interim committee to review energy legislation. The committee would consist of 10 members with five members from the Senate and five members from the House. The bill provides that at least four members must be from the Western slope or represent a legislative district in which the majority of the population is on the West slope. 

 Bill was postponed indefinitely in Legislative Council on a party-line vote. 

Position
Senate Sponsors
House SponsorsC. Hansen (D)
StatusHouse Committee on Legislative Council Postpone Indefinitely (04/26/2018)
Hearing Date

Bill: HB18-1394
Title: Update Colorado Disaster Emergency Act
CREA Summary

The bill adds statutory definitions regarding emergency management, mitigation, recovery, resiliency, and response. Makes technical changes related to state and local emergency agencies and replaces outdated management terminology. 

CREA Analysis

Governor is authorized to convene a disaster policy group to coordinate decisions and advise the governor in the event of an emergency. The group is to include representatives from DOLA and state agencies involved in emergency response and recovery. 

The Bill continues the Colorado Resiliency Office by codifying in DOLA. The office is to create and maintain resiliency and community recovery program by coordinating with state and local agencies. The bill was amended in the Senate to require the Office of Resiliency to develop a plan to improve coordination among state agencies and local jurisdictions to support recovery efforts, provide technical assistance for implementation to local governments and state agencies and to develop targets for the success of the office's efforts. The House added language that the Colorado Resiliency office is subject to available grant funding. 

Bill relocates existing statute regarding Expert Emergency Response Committee within Title 24 and adds the executive director of DOLA (or designee) to the committee. 

This bill passed the House 50-14, 1 excused

Passed Senate 28-6 with Sens. Hill, Lambert, Marble, Sonnenberg, & Tate voting no.

The House concurred to Senate Amendments, the bill passed 

Position
Senate SponsorsJ. Kefalas (D)
J. Cooke (R)
House SponsorsJ. Singer (D)
H. McKean (R)
StatusSent to the Governor (05/18/2018)
Hearing Date

Bill: HB18-1400
Title: Increase Fees Stationary Sources Air Pollutants
CREA Summary

This bill increases the statutory fee caps for stationary sources of air pollutants by 25 percent. 

CREA Analysis

This bill was worked on during the interim, with Air Quality Control Commission (AQCC) and Air Pollution division. As introduced, the bill was not what industry stakeholders were expecting. The bill was amended in House Finance to say that the 2018-19 long bill significantly reduced the spending authority in the air pollution control stationary sources program and that the program will require a supplemental appropriation for 2018-19 and the department of public health will have to work with the JBC on fee caps. 

The amendment also includes language about a stakeholder process and mandatory reporting to committees of reference. The stakeholder group is required to present on improved billing practices, increased accounting transparency, implemented efficiency improvements, efficiency metrics 

The amendments were meant to get stakeholders impacted by the increases back to neutral or in support of the bill.  

The bill passed the House 57-7. 1 excused Reps. Everett, Foote, Humphrey, Leonard, Lewis, Saine, and Sandridge voting no. 

The bill passed the Senate 30-4 with Sens. Hill, Lambert, Lundberg, & Marble voting no. 

Position
Senate SponsorsR. Scott (R)
C. Jahn (D)
House SponsorsK. Becker (D)
H. McKean (R)
StatusSent to the Governor (05/16/2018)
Hearing Date

Bill: HB18-1428
Title: Authorize Utility Community Collaboration Contract
CREA Summary

This bill allows an eligible community to negotiate a collaboration agreement with the IOU that provides electric, natural gas or steam services. An agreement is an energy and innovation collaboration and is subject to approval by the PUC.  

 

CREA Analysis

This bill applies to IOUs only and eligible communities must be within the certificated service territory of an IOU. 

The collaboration agreement may include provisions that promote innovation, economic development, increased use of eligible energy resources, and may propose new, expanded, or modified utility plans as appropriate to achieve the goals of the collaboration agreement. The plans cannot interfere with reliability or safety of services provided by the utility, and will not shift costs to customers in the community. The PUC has the authority to approve plans for the collaboration agreements if conditions are met. 

The bill was amended with clarifying language requested by the PUC and removed the solar garden tax exemption. Language was included in the bill defining a community solar garden and the bill now includes an appropriation of $67,000 to DORA

The bill passed the House 60-5 with Everett, Humphrey, Lawrence, Neville P., and Williams, D., voting no

The bill was postponed indefinitely in Senate State affairs 5-0 - when Sen. Cooke presented the bill he said it was not quite ready for prime time because it was introduced late in the session requested for PI. Will likely bring next year 

Position
Senate SponsorsJ. Cooke (R)
House SponsorsK. Becker (D)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (05/07/2018)
Hearing Date

Bill: SB18-002
Title: Financing Rural Broadband Deployment
CREA Summary

The bill establishes the schedule for transferring funds from the HCSM to the broadband fund. The start date for the transfer is January 1, 2019.  The date in the introduced bill was selected to avoid conflict with a stipulated agreement between CenturyLink, Viearo, and the PUC. T

The amended bill changes the number of voting members representing the broadband industry to seven and finally, adjusts the formula that incumbent providers receive from the HCSM. 

This entire program is subject to the DORA Sunset Review process in 2023. The bill contains language to allow a single entity to be awarded multiple grants in the same year.

The bill was amended to use the FCC definition of high-speed internet or broadband, which is 25x3. To define unserved areas and was amended to say that application for broadband grants serving areas with speeds less than 10x1 will be prioritized.

As introduced, the definition of unserved area is being modified outside of municipal boundaries or is a city with a population of fewer than seven thousand five hundred inhabitants, and that a majority of households in a census block in an area lack access to broadband or satellite technology. The bill was amended to use household addresses to identify the unserved areas.    

CREA Analysis

This bill has the strong sponsorship with prime sponsors Senators Coram and Sonnenberg and Speaker Duran and Minority Leader Becker in the House.

Incumbent providers believe it is inappropriate for an area to receive funding from both DOLA and the broadband fund.  DOLA funds go to local governments and are intended for middle mile projects.  Incumbent providers believe local governments are going beyond middle mile projects and unfairly competing for retail consumers. 

SB18-002 passed the Senate 30-5 with Senators Marble, Smallwood, Lambert, Lundberg, and Holbert voting no

The bill was amended in the House to use the FCC definition of high-speed internet access of broadband, 25x3, to define unserved areas and was amended to say that application for broadband grants serving areas with speeds less than 10x1 will be prioritized. The bill was also amended to limit the use of state broadband grants in unserved areas already receiving federal funds so long as those areas are built our within two years to the FCC definition of minimum speeds. The amended bill changes the number of voting members representing the broadband industry to seven and finally, adjusts the formula that incumbent providers receive from the HCSM. 

Senate Bill 18-002 passed the House 50-10 with four excused and one vacancy. Representatives Buck, Everett, Humphrey, Leonard, Lundeen, Ransom, Saine, Sandridge, Van Winkle, and Williams, D. voted no on the bill. 

The governor signed on April 2

Position
Senate SponsorsJ. Sonnenberg (R)
D. Coram (R)
House SponsorsC. Duran (D)
K. Becker (D)
StatusGovernor Signed (04/02/2018)
Hearing Date

Bill: SB18-003
Title: Colorado Energy Office
CREA Summary

This bill provides general fund money to the Colorado Energy Office (CEO) and removes obsolete programs under the office.  The bill specifies the Governor appoints the head of CEO with the consent of the Senate and renames the clean and renewable energy fund to the energy fund continuing the general fund transfer to the energy fund for four years.  The bill was amended to eliminate the confirmation process and to go before the Joint Budget Committee every year for funding requests as the other departments are required to do.  

CREA Analysis

This bill is similar to the Colorado Energy Office reauthorization that failed during the final days of the 2017 session. It repeals many of the programs under the Colorado Energy Office that were funded by America Recovery and Reinvestment Act (ARRA). During testimony last year, representatives from CEO testified that when the ARRA dollars ran out the programs stopped, this bill eliminates those programs.  The legislation provides funding for CEO but is less than what the Executive Director is asking for, and funding in this bill does not fully fund the office.  

The bill was amended to eliminate the confirmation process and to go before the Joint Budget Committee every year for funding requests as the other departments are required to do.

Passed Senate 34-1, Jones voting no

This bill passed the House 48-14, with 3 excused, Representatives Buck, Esgar, Everett, Humphrey, Leonard, Lewis, Neville P., Ransom, Reyher, Saine, Sandridge, Van Winkle, Williams D., and Winkler voting no. 

On the way to the Governor's office. 

Position
Senate SponsorsR. Scott (R)
House SponsorsJ. Becker (R)
C. Hansen (D)
StatusSent to the Governor (05/03/2018)
Hearing Date

Bill: SB18-005
Title: Rural Economic Advancement Of Colorado Towns
CREA Summary

This bill would provide relief and job training to areas that have faced a significant economic event such as a plant closure or layoffs. A significant economic event would include industry-wide layoffs that have a substantial impact on the number of jobs within a rural community. Rural is defined in the bill as a county with a population of fewer than 50,000 or a municipality with a population fewer than 20,000 if the municipality is not contiguous to a municipality with a population of 20,000 or more.  As introduced, the legislation allows the Department of Local Affairs to award grant money up to $500,000 to rural communities experiencing a significant economic event.  These grants are for job assistance training and assistance. 

The bill was amended in committee to remove references to the grant money and grant awards; the bill allows the Department of Local Affairs to assist rural communities with job creation or retention. 

CREA Analysis

This bill has been introduced before by Senator Donovan and has died in previous sessions. 

As introduced this bill had a fiscal note and due to budget constraints legislation with fiscal notes rarely pass. Because the amended version of the bill removed references to any allocated money, his bill could have more momentum than in previous years. 

Republicans do not want to support legislation that may provide incentives for plant closures or coal mine closures and fear that this bill would provide incentives for companies that are already considering closing a plant in a rural area.  

This bill passed the Senate 22-13 with Senators Baumgardner, Cooke, Gardner, Hill, Holbert, Lambert, Lundberg, Marble, Martinez Humenik, Neville, Smallwood, Sonnenberg, and Tate voting no.  

This bill passed the House 36-22 with six excused and one vacancy

Governor signed March 22

Position
Senate SponsorsK. Donovan (D)
R. Scott (R)
House SponsorsD. Roberts (D)
StatusGovernor Signed (03/22/2018)
Hearing Date

Bill: SB18-009
Title: Allow Electric Utility Customers Install Energy Storage Equipment
CREA Summary

As introduced, this bill states that consumers of electricity have the right to install, interconnect, and use electricity storage on their property. The bill directs the Colorado Public Utilities Commission to adopt rules governing the installation, interconnection, and use of private electricity storage systems. This bill applies to investor-owned utilities only. 

The bill was amended in committee to substitute references of "electricity storage" to "energy storage." Energy storage means any commercially available, customer-sited system, including batteries and the batteries paired with on-site generation that is capable of retaining, storing, and delivering energy by chemical, thermal, mechanical or other means. 

The bill was also amended to state that the PUC may authorize metering requirements for certain large energy storage systems as determined by the commission.  

CREA Analysis

This bill is a modified version of Fenberg bill ran last year, and that CREA opposed. The legislation applies to investor-owned utilities only.  There is no language on the size of a battery; this could cause grid issues if there is a significantly oversized battery not regulated on the grid. 

The bill was amended in committee to substitute references of "electricity storage" to "energy storage."

SB18-009 passed out of the Senate 30-5 with Senators Baumgardner, Gardner, Holbert, Smallwood, and Sonneberg voting no.

SB18-009 passed the House 45-18 with one excused and one vacancy. Representatives Beckman, Buck, Covarrubias, Everett, Humphrey, Landgraf, Leonard, Lewis, Lundeen, Neville, P., Ransom, Reyher, Saine, Sandridge, Sias, Van Winkle, Willett, and Williams voted no.

Governor signed March 22 

Position
Senate SponsorsK. Priola (R)
S. Fenberg (D)
House SponsorsP. Lawrence (R)
F. Winter (D)
StatusGovernor Signed (03/22/2018)
Hearing Date

Bill: SB18-047
Title: Repeal Tax Credits Innovative Vehicles
CREA Summary

This bill repeals the income tax credits for innovative motor vehicles and innovated trucks for purchase and leases after January 1, 2019.  

This bill includes a fiscal note, and for FY 2018-9 the bill requires a General Fund appropriation of $16,000 to the Department of Revenue. 

CREA Analysis

Similar legislation was introduced last year but died in the Senate, laid over daily until after the session ended.  Last year, the Colorado Oil & Gas Association, Colorado Auto dealers, CACI, Conservation Colorado, Tesla Motors, the Denver Chamber all opposed the legislation. 

The current exemptions are $5,000 for light duty passenger motor vehicles, $7,000 light-duty trucks, $10,000 medium duty trucks, $20,000 heavy duty trucks 

Waste Management requested that CACI Energy & Environment Council oppose this bill, Waste Management invested in a large fleet of alternative fuel vehicles and this bill would risk that investment. CACI voted to oppose in their last Energy and Environment Council.

Passed the Senate 18-16, with Priola abstaining

The bill was postponed indefinitely in House Transportation on a party-line vote. 

Position
Senate SponsorsV. Marble (R)
House SponsorsL. Saine (R)
StatusHouse Committee on Transportation & Energy Postpone Indefinitely (04/18/2018)
Hearing Date

Bill: SB18-064
Title: Require 100% Renewable Energy By 2035
CREA Summary

This bill would require all electric utilities in Colorado to achieve 100% generation from renewable resources by the year 2035.  The bill phases out the use of REC's for compliance by the year 2035 as well.

 

CREA Analysis

During the Senate Agriculture, Natural Resources and Energy committee hearing, Senator Donovan offered an amendment to allow co-ops the opportunity to apply for an extension if renewable objectives could not be met in the timeframe of the legislation. Another amendment offered to count waste heat as a renewable resource.

This bill was postponed indefinitely on Feb. 1 in Senate Agriculture, Energy & Natural Resources on a party-line vote.  

Position
Senate SponsorsM. Jones (D)
House SponsorsM. Foote (D)
StatusSenate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely (02/01/2018)
Hearing Date

Bill: SB18-104
Title: Federal Funds For Rural Broadband Deployment
CREA Summary

This bill requires the Broadband Deployment Board to petition the FCC for a waiver to allow Colorado to apply for federal money for broadband deployment under the Connect America Fund.  This waiver would be for additional money available from CAF in years beyond 2018. 

CREA Analysis

This bill would require Colorado to apply for a waiver to get federal dollars from the Connect America Fund following the New York model. This bill differs from HB18-1116 in that it would require an application for different CAF funds that are available after 2018.  

The bill was amended to allow a "sunset" like provision. The amendment does not allow this to be an open-ended process, if the waiver is rejected by the FCC, then it would be a one-time effort. 

This bill passed the Senate 26-7 and 2 excused with Baumgardner, Cooke, Lundberg, Marble, Neville, T., Smallwood, and Sonnenberg voting no. 

The bill passed the House 44-17, with three excused and one vacancy with Representatives Buck, Carver, Everett, Humphrey, Landgraf, Leonard, Liston, Lundeen, Neville, Ransom, Reyher, Saine, Sias, Van Winkle and Wist voting no. 

The governor signed on April 2

Position
Senate SponsorsK. Donovan (D)
House SponsorsY. Willett (R)
B. McLachlan (D)
StatusGovernor Signed (04/02/2018)
Hearing Date

Bill: SB18-117
Title: Collect Long-term Climate Change Data
CREA Summary

This bill requires the Department of Public Health and Environment to collect and report on greenhouse gas emissions data. 

CREA Analysis

This bill requires the Department of Public Health and Environment to report on greenhouse gases. The first reporting requirements were established in 2008 by executive order and the next report is due in 2019.  An executive order passed by the Governor in July required reporting of greenhouse gas emissions and established goals including reducing carbon dioxide emissions from the electricity sector by 25% below 2005 levels by 2025 and 35% below 2012 levels by 2030 and reducing electricity sales by 2% by 2020 through cost-effective energy efficiency measures. 

This bill was postponed indefinitely in Senate State Affairs on a party-line vote

Position
Senate SponsorsK. Donovan (D)
House SponsorsC. Hansen (D)
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (02/13/2018)
Hearing Date

Bill: SB18-167
Title: Enforce Requirements 811 Locate Underground Facilities
CREA Summary

Current law requires a person to contact Colorado 811 before conducting an excavation to learn the location of underground facilities in the excavation area.  This bill makes an adjustment to current law for the state one-call system.  The bill creates a safety commission within the Colorado Department of Labor and Employment. The safety commission is tasked with rulemaking and enforcement authority for damage prevention law. The bill allows licensed engineers to submit location requests, not just excavators as required by current law. The bill would phase out the current Tier 1 and Tier 2 system by January 2021 and at that time all underground facility owners and operators would be full members of the notification association.  The bill also requires that all new underground facilities installed on or after January 1, 2020, must be electronically locatable when installed. 

CREA Analysis

As amended, the bill states that the Governor appoints 15 members of the safety commissioners subject to Senate confirmation.

The safety commission would be:

  • Three members of local governments, including one nominated by Colorado Counties, Inc., one nominated by Colorado Municipal League, one nominated by Special District Association.
  • One individual nominated by Colorado's energy industry 
  • One individual nominated by the Colorado Contractors Association
  • Two individuals nominated by excavator members of the notification association
  • One individual nominated by the American Council of Engineering Companies of Colorado 
  • One individual nominated by investor-owned utilities
  • One individual nominated by the Colorado Rural Electric Association 
  • One individual nominated by the Colorado Pipeline Association 
  • One individual nominated by the Colorado telecommunications and broadband industry 
  • One individual nominated by the Colorado Water Utility Council 
  • One individual nominated by the Department of Transportation
  • One individual nominated by the Commissioner of Agriculture who is actively engaged in farming or ranching. 

The bill was amended in the Senate Transportation Committee to expand the number of members on the safety commission and to include a seat on the safety commission nominated by CREA

Another amendment included an exemption for annual road maintenance that does not exceed six inches in depth and is conducted by a governmental agency on an existing unpaved road. This amendment addressed concerns that CCI and CAMU had with the legislation. The bill was also amended in the Civil Penalties section in include language that regarding the safety commission's enforcement authority "do not limit or restrict any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility.

SB18-167 was further amended to include a spot for an agriculture representative on the Safety Commission and the agriculture exemption was put back to what is in current law. The Safety Commission was also put changed to a type 2 transfer. Under a type 2 transfer, its statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, including the functions of budgeting, purchasing, and planning, are transferred to the principal department.

The bill passed the Senate 34-0, 1 excused 

Passed the House 63-1, 1 excused with Rep. Foote voting no. 

Position
Senate SponsorsR. Scott (R)
K. Donovan (D)
House SponsorsF. Winter (D)
L. Saine (R)
StatusSent to the Governor (05/15/2018)
Hearing Date

Bill: SB18-216
Title: Alternative Fuel Vehicles Public Utilities
CREA Summary

This bill establishes a process at the Colorado PUC to allow public utilities to implement alternative fuel motor vehicle infrastructure programs. 

CREA Analysis

This bill allows a regulated utility to apply to the Colorado PUC to build alternative fuel vehicle infrastructure and allows for cost recovery. This bill allows a return on investment made by an electric or 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 PUC 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. 

This bill was postponed indefinitely in Senate Transportation on a party-line vote 

Position
Senate SponsorsK. Priola (R)
A. Williams (D)
House Sponsors
StatusSenate Committee on Transportation Postpone Indefinitely (03/27/2018)
Hearing Date

Bill: SB18-246
Title: Renewable Energy Standard Repeal Senate Bill 13-252
CREA Summary

This bill would repeal provisions of SB13-252 and works to reduce the cost of compliance with Colorado's Renewable Energy Standard

CREA Analysis

This bill would repeal selected parts of SB13-252 including: 

SB13-252 increase in the renewable portfolio standard for cooperative electric associations serving 100,000 or more meters, returning the standard to 10%

SB13-252 expansion of the definition of eligible energy resources. The bill eliminates synthetic gas produced by pyrolysis of municipal waste, but the inclusion of coal mine methane is retained if the PUC should determine that methane is greenhouse gas neutral and preexisting hydroelectric generation facilities are added

The bill repeals the multiplier in the formula for calculation of renewable energy credits to accelerate the construction of new solar generation, repeals retail rate impacts of compliance and eliminates reporting requirements and portfolio standards for cooperative electric associations that sell wholesale electricity.

CREA reached out to sponsors and leadership to urge additional discussions and avoid a hearing at this time. The bill was postponed indefinitely at the sponsor's request. 

Position
Senate SponsorsJ. Cooke (R)
R. Scott (R)
House Sponsors
StatusSenate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/25/2018)
Hearing Date
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