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Legislative Year: 2023 Change

Bill Detail: HB23-1281

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Title Advance The Use Of Clean Hydrogen
Status Governor Signed (05/22/2023)
Bill Subjects
  • Energy
House Sponsors B. Titone (D)
S. Vigil (D)
Senate Sponsors K. Priola (D)
L. Cutter (D)
House Committee Energy and Environment
Senate Committee Finance
Date Introduced 04/03/2023

Section 2 of the bill defines clean hydrogen (clean hydrogen) as
hydrogen that is:
  • Derived from a clean energy resource that uses water as the
source of hydrogen; or
  • Produced through a process that results in lifecycle
greenhouse gas emissions rates that are less than 1.5
kilograms of carbon dioxide equivalent per kilogram of
hydrogen, as set forth in applicable federal law.
Section 2 also directs the public utilities commission (commission)
to establish a stand-alone application, review, and approval process for
investor-owned utility projects that result in the production of clean
hydrogen (clean hydrogen project). For a clean hydrogen project to be
approved by the commission, an investor-owned utility must submit an
application to the commission demonstrating that the clean hydrogen
project involves collaboration between the investor-owned utility and a
state or federal agency. Any application for a clean hydrogen project must
  • Best practices utilized by the investor-owned utility to
reduce air emissions and environmental impacts, conduct
leak detection monitoring, and increase public safety;
  • If the investor-owned utility's clean hydrogen production
facilities are located in a disproportionately impacted
community, a cumulative impact analysis that evaluates
past, present, and future impacts; and
  • An assessment of the annual volume of water used in
electrolysis of water to produce clean hydrogen for the
clean hydrogen project.
Section 2 also requires the commission to allow an investor-owned
utility to sell clean hydrogen to third parties under a clean hydrogen tariff.
For income tax years commencing on or after January 1, 2024, but
before January 1, 2033, section 3 creates a state income tax credit in
specified amounts per kilogram of clean hydrogen used for industrial
operations, for operating a heavy-duty vehicle, or for aviation (tax credit).
Any taxpayer seeking to claim the tax credit must first apply for and
receive a tax credit certificate from the Colorado energy office.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (07/18/2023) (most recent)  
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