Colorado Capitol Watch
border Logo hdr_right_bottom

Bill Tracker

based on: Profile: 2018 CREA Active Legislation

 
 
Loading... Please Wait
You have 28 bills in your selected Profile
download download to spreadsheet
download download to doc

Notes about this profile:


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 driver’s 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 applies to private truck drivers 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 will 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, advocates for the legislation, 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.    

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 have established a Colorado climate leadership awards program for individuals or organizations.     

CREA Analysis

 This bill would have established a Colorado Climate Leadership Award for organizations and individual leadership in response to climate change. The award requirements were based on objective scientific criteria designed to measure the actual or anticipated effect of actions intended to reduce greenhouse gases and emissions. 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 required 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 specified that the Department would not request appropriations to conduct this research, but may apply for grants or donations to complete the report. 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

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

CREA Analysis

 This bill will require incumbent providers who appeal a grant by the broadband deployment board to provide equal or faster service than the speeds indicated in the original 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. The bill is meant to hold incumbent providers accountable when they invoke the right of first right of refusal. 

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 have required builders of new residences to offer home buyers the option to have electric vehicle charging stations in new builds.     

CREA Analysis

Under current law, builders must offer a solar prewire option to homebuyers of newly constructed residences.  This bill would have made a similar requirement for new builders to offer the option of installing charging stations for electric vehicles. The bill also specified that builders would need to accommodate for ease of future installation of necessary wiring for such a system. 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 that is available and would allow the broadband board to allocate CAF II funds for broadband deployment projects approved by the state broadband board.    

CREA Analysis

New York is the only state that has successfully applied for a state waiver for Connect America Fund (CAF) dollars. This bill directs the 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 board, the board would then be allowed to allocate the federal funds.  This bill also requires that the broadband board may coordinate with the FCC to comply with conditions established by the FCC in granting the petition. When New York was granted a waiver and awarded funds, the FCC put restrictions on who could apply for CAF funds in that 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 their waiver, Verizon had already turned down the federal funds, but in Colorado, CenturyLink accepted the money when the CAF funds were dispersed that year.    

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

 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. 

CREA Analysis

The purpose of HB 18-1128 is to clarify and expand the current protections for personal identifying information, to require remedial measures to be taken in the event of a security breach, and to establish similar requirements for governmental agencies. The bill requires co-ops to develop policies for the protection and disposal of personal identifying information that is “maintained” by the co-op during the course of business. Co-ops should review policies in light of the new requirements in the bill. Co-ops should take appropriate steps to comply with the requirements of HB18-1128 as they apply to security breaches. Most co-ops already have policies in place for such events but may want to compare existing policies to the requirements of HB18-1128.    

Position
Senate SponsorsL. Court (D)
K. Lambert (R)
House SponsorsC. Wist (R)
J. Bridges (D)
StatusGovernor Signed (05/29/2018)
Hearing Date

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

This bill directs the Colorado PUC to establish rules for the procurement of energy storage systems by an investor owned electric utility. 

CREA Analysis

This bill applies to investor-owned utilities only. 

This bill directs the PUC to establish rules on or before February 1, 2019 for  procurement of energy storage systems. Utilities will be able to file applications for rate-based projects by May 1, projects cannot exceed 15 MW. The bill requires the PUC to create rules that ensure any storage system project added to the electric grid will not compromise the security, safety, or reliability of the electric grid or any part of the grid, further the process developed by the PUC must also not interfere with any competitive bidding, resource acquisition or ongoing proceedings.

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. The bill includes criteria for the PUC to consider for an application approval. The criteria include 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)
StatusGovernor Signed (06/01/2018)
Hearing Date

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

This bill authorizes investor-owned electric utilities (IOUs) to offer economic development rates to “qualifying commercial or industrial customers.” These are utility customers that agree to locate new operations in Colorado or expand existing operations that add at least 3 megawatts of load at a single location. The bill 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

Even though this bill only applies to IOUs only, CREA worked with stakeholders to amend the legislation, to ensure co-op concerns were considered when this bill was going through the process. To qualify for the economic development rates, these users must demonstrate that the cost of electricity is a critical consideration in their decision where to locate or expand their business and that the availability of lower rates is a substantial factor. The rates may be offered for up to 10 years. The bill authorizes the expansion of a voluntary renewable energy program or service offering as necessary to meet the needs of a commercial or industrial customer that makes a capital investment of $250 million or more, requires the expansion to remain as a customer of a utility, or is a new customer. Utilities that offer economic development rates shall not cross-subsidize the economic development rates by raising rates on other customers, and a utility bears the burden of proof on this issue in any proceeding before the commission. 

Position
Senate SponsorsJ. Tate (R)
House SponsorsY. Willett (R)
M. Gray (D)
StatusGovernor Signed (06/01/2018)
Hearing Date

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

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

CREA Analysis

The bill would have required 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.” This bill was postponed indefinitely in Senate State Affairs on a party-line vote. 

This was a messaging bill intended to inspire the Democratic base. CREA did not engage as the legislation was not going to pass. However, this type of legislation could come up again in 2019, if there is a Democratic majority in both chambers of the legislation this type of legislation is more likely to be successful. 

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 have adopted 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. 

CREA Analysis

This bill set greenhouse gas emission reduction goals for the state and charged the Colorado Resiliency and Recovery Office in DOLA to assess costs and state resiliency related to climate change. The bill would have required 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. Information would have included drought, wildfire, and flood events to analyze the results based on regional and Colorado-specific climatic conditions currently and for the future. The bill was postponed indefinitely in Senate State Affairs on a party-line vote. 

Another example of a messaging bill intended to inspire the Democratic base. This type of legislation could come up again in 2019.  If there is a Democratic majority in both chambers of the legislation this type of legislation is more likely to be successful.  

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

The bill would have placed requirements on internet service providers to follow net neutrality standards or forego High-Cost Support Mechanism funding. 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. 

CREA Analysis

This bill would have made internet service providers ineligible for state broadband grant funds if a provider were to block lawful internet content, applications, services, or devices unless consistent with reasonable network management practices, engage in paid prioritization of internet content, regulate network traffic by throttling bandwidth, or impair or degrade lawful internet traffic, and does not provide transparency of its reasonable network management practices. Internet Service Providers were opposed to this bill. 

The bill set 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 have allowed a governmental body to contract with an internet service provider that would not engage in any of the above practices. The bill was amended with more specific instructions on how to check for net-neutrality and instructions on reviewing FTC and FCC websites to see if the agencies have issued rules on net-neutrality. Had this bill passed, it would have impacted broadband grant recipients if grant recipients were found to be in violation of the net-neutrality conditions outlined in the bill. 

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 would have established 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 approved a regional transmission plan. 

CREA Analysis

This bill would have established 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 days  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. Plans for the regional transmission plan were impacted when Xcel announced it would not participate in the plans. The 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

This bill would have created 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 would have created an interim committee to review energy legislation. The committee would have been comprised of 10 members: five members from the Senate and five members from the House. The At at least four members would have been required to come from the Western slope or represent a legislative district in which the majority of the population is on the West slope. The 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

The bill updates the Colorado Emergency Act to include provisions related specifically to establishing the roles and responsibilities of state and local agencies in all stages of emergency management, in particular to recovery, mitigation, and resiliency. The bill continues the Colorado Resiliency Office by codifying in the Department of Local Affairs (DOLA).  The office is to create and maintain resiliency and community recovery program by coordinating with state and local agencies. The bill requires 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 office is eligible for grant funds. The bill relocates existing statute regarding Expert Emergency Response Committee within Title 24 and adds the executive director of DOLA (or designee) to the committee. The goal of this bill is to update emergency points of contacts that need to be notified in a state of emergency.

For co-ops this means that the emergency point of contact at a co-op needs to be designated and contact information shared appropriately with the Colorado Resiliency Office for their emergency contact database which will be updated regularly.    

Position
Senate SponsorsJ. Kefalas (D)
J. Cooke (R)
House SponsorsJ. Singer (D)
H. McKean (R)
StatusGovernor Signed (05/24/2018)
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 the Air Quality Control Commission (AQCC) and Air Pollution division. The bill was amended to 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.

Position
Senate SponsorsR. Scott (R)
C. Jahn (D)
House SponsorsK. Becker (D)
H. McKean (R)
StatusGovernor Signed (05/18/2018)
Hearing Date

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

This bill would have allowed an eligible community to negotiate a “collaboration agreement” with the investor owned utility that provides electric, natural gas or steam services in the community. The agreement is an energy and innovation collaboration and would have been subject to approval by the PUC. 

CREA Analysis

This bill applied to IOUs only and the bill specified that eligible communities must be within the certificated service territory of an IOU. The collaboration agreement could have included provisions that promoted innovation, economic development, and increased use of eligible energy resources. The bill would have allowed for communities to propose new, expanded, or modified utility plans as appropriate to achieve the goals of the collaboration agreement. The plans could not interfere with reliability or safety of services provided by the IOU and could not shift costs to customers who are not located in the eligible community or who are not participating in the agreement. The PUC had the authority to approve plans for the collaboration agreements. The bill was amended with clarifying language requested by the PUC and removed the solar garden tax exemption. The bill passed the House 60-5 but was postponed indefinitely in at the request of the bill sponsor. Sen. Cooke did say this was an issue he was interested in exploring in the next legislative session.    

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 phases in additional funding from the High-Cost Support Mechanism (HCSM) to support broadband deployment grants and make changes to the broadband board membership and grant application process. 

CREA Analysis

The bill will use the FCC definition of high-speed internet access of broadband, 25x3, to define unserved areas. This sets a higher standard for what constitutes an unserved area and enables co-ops to apply for broadband fund dollars in more cases. Applications for broadband grants serving areas with speeds less than 10x1 are prioritized in the bill. The bill limits the use of state broadband grants in unserved areas already receiving federal funds so long as those areas are built out within two years to the FCC definition of minimum speeds. The bill changes the number of voting members representing the broadband industry to seven and adjusts the formula that incumbent providers receive from the high cost support mechanism (HCSM). It also repeals the PUC oversight of the HCSM on September 1, 2024, following a sunset review. In Colorado, CenturyLink received about $30 million of the $35 million that went into the HCSM in FY2016-17. Beginning in 2019, 60 percent will be transferred to a broadband fund. That figure will increase each consecutive year until the funds are completely rerouted. It is estimated that the fund could reach as much as $150 million within the next five years.

This was a legislative victory for the Governor and leadership in both chambers of the General Assembly. CREA worked with stakeholders to amend the legislation to be in the best interests of the cooperative members with broadband subsidiaries and those coops looking to enter the market. 

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 adds nuclear and hydroelectric power as energy sources the office should promote. CEO is required to go before the Joint Budget Committee each year for funding requests, as other departments are required to do    

CREA Analysis

This bill was similar to the Colorado Energy Office reauthorization that failed during the final days of the 2017 session. It repealed many of the programs under the Colorado Energy Office that were funded by America Recovery and Reinvestment Act (ARRA) but that are currently obsolete. During testimony last year, representatives from CEO testified that when the ARRA dollars ran out the programs stopped, this bill eliminated the programs. This bill increased the scope of the Colorado Energy Office to be more inclusive of all forms of energy – not only renewable resources.  The bill was amended to require the department to go before the Joint Budget Committee every year as other departments are required to do. 

Position
Senate SponsorsR. Scott (R)
House SponsorsJ. Becker (R)
C. Hansen (D)
StatusGovernor Signed (06/01/2018)
Hearing Date

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

This bill will provide resources and job training to areas that have faced a significant economic event such as a plant closure or layoffs. The bill allows the Department of Local Affairs to assist rural communities with resources and to coordinate nonmonetary resources and services to help with economic development and revitalization.     

CREA Analysis

This bill had been introduced before by Senator Donovan and has died in previous sessions. The bill directs the state to help the Department of Local Affairs to help rural communities coordinate resources in the event of a significant economic event. A significant economic event would include industry-wide layoffs that have a substantial impact on the number of jobs within a rural community. A rural community is defined 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    

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. 

CREA Analysis

This bill applies to investor-owned utilities only. This bill is a modified version of similar legislation Senator Fenberg ran in 2017, that CREA opposed. The bill was amended 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 PUC may authorize metering requirements for certain large energy storage systems as determined by the commission.     

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 would have repealed the income tax credits for innovative motor vehicles and innovative trucks for purchase and leases after January 1, 2019.     

CREA Analysis

Similar legislation was introduced last year but died in the Senate. In 2017, the Colorado Oil & Gas Association, Colorado Auto dealers, CACI, Conservation Colorado, Tesla Motors, the Denver Chamber all opposed the legislation. 

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 has 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. 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 have required 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

This was another messaging bill the Senate sponsor did not expect to pass but was meant to drive interest from the Democratic base and environmental community. During the Senate Agriculture, Natural Resources and Energy committee hearing, Senator Donovan offered an amendment that would have allowed co-ops to apply for an extension if their renewable objectives could not be met in the legislative time frame. Another amendment was offered to count waste heat as a renewable resource. However, this bill was postponed indefinitely 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 (CAF).  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 for 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 this would be a one-time effort.    

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

CREA Analysis

This bill would have required the Department of Public Health and Environment to report on greenhouse gases on a bi-annual basis. The report would have collected data on greenhouse gas emissions and carbon dioxide emissions. The goal of the legislation was to make the data available, so the state could quantify emission treads, track progress and identify areas where changes could be made so the state can be on target to reducing emission goals set out by the Governor. This bill was postponed indefinitely in Senate State Affairs on a party-line vote. This is an issue that could come up in the next legislative session. 

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

Senate Bill 18-167 revises the current Colorado “call before you dig” law. As of August 8, 2018, SB18-167 creates a true “one-call” system for both excavators and owner-operators of underground facilities and imposes additional accountability requirements if companies do not follow the call before you dig system. SB18-167 phases out the current two-tier system by January 2021. After that time, all underground facility owners and operators will be full members of the Colorado 811 notification system. 

CREA Analysis

SB18-167 modifies existing definitions of terms used in the current “one call” law and adds newly defined terms.  One of the most significant changes to the defined terms is the “agriculture” exemption from the definition of the term “excavation.” Ranchers and farmers are exempt from the requirements of the one-call law if a proposed excavation involves routine ranching or farming activities, surface land clearing, or routine maintenance of existing irrigation facilities or existing fence lines.

One of the new requirements of the one-call law relates to “subsurface utility engineering-required projects.” These are projects that involve a construction contract with a governmental entity that will require an excavation more than two feet deep and have a contiguous area of one thousand square feet or more. If a project meets these criteria, the designing engineer is required to notify the notification association, and underground facility owners (i.e., electric co-ops) are required to provide facility location records within ten days after receiving the request. The purpose of this new requirement is to require the exchange of information at the design stage of certain projects, not just immediately before excavation.

SB18-167 requires facility owners or operators to locate underground facilities within two business days of receiving notice of a proposed excavation by the notification association. The markings used for the locates are to be approved by a safety commission that is created by the bill. Owners or operators are also required to provide information about the size and type of facility and sketches or photographs of the facilities as required by the safety commission.

One of the important features of SB18-167 is the creation of the “underground damage prevention safety commission,” a 15-person board that is comprised of representatives from local governments, facility owners and operators, excavators, and the Chief Executive Officer of Colorado 811, among others. The safety commission is empowered to develop best practices to prevent damage to underground utilities and to review complaints of alleged violations and impose fines or other penalties.

When reviewing a complaint of an alleged violation, the safety commission is required to appoint a review committee to assess the complaints. If the review committee recommends a fine, a unanimous vote is required.

Effective January 1, 2021, each member of the notification association (all underground facility owners and operators, including electric cooperatives) are required to provide general information regarding all locations of any underground facilities that the member owns or operates for excavation notification purposes only. Co-op contact information must be updated annually with Colorado 811 and Colorado 811 is required to maintain the information in a manner that will ensure confidentiality and security of the information. Specialized details of critical infrastructure is exempt from the Colorado Opens Record Act.  The bill also requires that all new underground facilities installed on or after January 1, 2020, must be electronically locatable.    

Position
Senate SponsorsR. Scott (R)
K. Donovan (D)
House SponsorsF. Winter (D)
L. Saine (R)
StatusGovernor Signed (05/25/2018)
Hearing Date

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

This bill would have established a process at the Colorado PUC through DORA to allow public utilities to implement alternative fuel motor vehicle infrastructure programs.     

CREA Analysis

This bill would have allowed a regulated utility to apply to the Colorado PUC to build alternative fuel vehicle infrastructure. The bill was postponed indefinitely on party-line vote in Senate State Affairs.

The bill would have allowed a regulated utility to get 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. The proposal would have all participating IOU ratepayers subsidizing infrastructure for owners of alternative fuel vehicles. 

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 have repealed provisions of SB13-252 and worked to reduce the cost of compliance with Colorado's Renewable Energy Standard    

CREA Analysis

This bill would have repealed parts of SB13-252 including: 

  • The increase in the renewable portfolio standard for cooperative electric associations serving 100,000 or more meters, returning the standard to 10%
  • 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 would have repealed 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 staff and lobbyists reached out to the bill’s sponsors and to Senate leadership to urge additional discussions and to postpone the bill at this time. As a result, this 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
back to top
 
border   border
 
Copyright © 2018 State Capitol Watch