Bill Tracker

The commercial property assessed clean energy program
(C-PACE) is part of the new energy improvement program. C-PACE
allows owners of eligible real property to apply to the Colorado new
energy improvement district (district) to finance certain energy efficiency
improvements. The bill allows owners to also apply to the district to
finance resiliency improvements and water efficiency improvements.
Additionally, when the district approves a C-PACE application, an
owner consents to the district levying a special assessment on an owner's
eligible real property. Current law requires the district to notify district
members and existing lienholders about the special assessment and the
availability of a hearing to resolve any complaints or objections. After a
hearing, current law further requires the district to pass a resolution
resolving any complaints or objections. The bill eliminates the
requirements for the district to give notice about a hearing, conduct a
hearing, and pass a resolution resolving complaints or objections. Instead
of notifying district members and existing lienholders about the
availability of a hearing, the bill requires the district to send a notice of
assessment, which specifies the amount of the special assessment to be
levied on the eligible real property, explains that the special assessment
constitutes a lien against the eligible real property, and explains that the
district is not a party to any private financing agreements.

Wildfire Matters Review Committee. The bill creates the timber,
forest health, and wildfire mitigation industries workforce development
program (program) in the state forest service. The program provides
partial reimbursement to timber businesses and forest health or wildfire
mitigation entities for the costs of hiring interns. The forest service must
adopt rules, policies, and procedures for the program, including criteria
for an internship to qualify, best practices for recruiting and selecting
interns to increase representation of historically underrrepresented
communities in the industries, the criteria to use in selecting qualified
interns, the required educational experience for an intern, and
administrative requirements for the program.
For income tax years beginning on or after January 1, 2023, but
before January 1, 2028, a business involved in forestry, logging, the
timber trade, the production of wood and secondary products, or forest
health and wildfire mitigation activities in Colorado may claim a credit
against state income tax for 20% of the cost incurred by the taxpayer in
purchasing certain equipment, vehicles, and equipment infrastructure. The
total aggregate credit in any one income tax year is limited to $10,000.
Any amount of the credit that exceeds the taxpayer's income tax liability
is not refundable but may be carried forward for up to 5 years.

On or before April 1, 2024, and on or before April 1 of each year
thereafter, an entity with an obligation to provide retail or wholesale
electricity services in the state (load-serving entity) must file with the
entity responsible for approving the resource plans or rates of the
load-serving entity (regulatory oversight entity) an annual report detailing
the adequacy of its electric resources (resource adequacy annual report).
On or before April 30, 2024, and on or before April 30 of each
year thereafter, each regulatory oversight entity must submit any resource
adequacy annual reports to the Colorado energy office. On or before July
1, 2024, and on or before July 1 of each year thereafter, the Colorado
energy office must aggregate the resource adequacy annual reports
received from the regulatory oversight entities into a statewide resource
adequacy aggregate annual report.
If a load-serving entity participates in an active organized
wholesale market, which is a regional transmission organization or an
independent system operator established for the purpose of coordinating
and managing the dispatch and transmission of electricity on a multistate
or regional basis, or, if the load-serving entity is participating in a
voluntary regional resource adequacy reporting program, the load-serving
entity's obligation to provide a resource adequacy annual report
terminates on the date that the load-serving entity begins participating in
an organized wholesale market or in the year following the submission of
a compliance report required by the program.

The bill creates the biochar in oil and gas well plugging working
advisory group (work group) in the oil and gas conservation commission
(commission). The work group's purpose is to make recommendations for
the development of a pilot program to study the use of biochar in the
plugging of oil and gas wells.
No later than September 1, 2023, the work group must submit a
draft report to the commission detailing its recommendations for the pilot
program. After coordinating with the commission to develop a final
report, no later than February 1, 2024, the work group must present the
report to the transportation and energy committee of the senate and the
energy and environment committee of the house of representatives.

Section 1 of the bill requires the director of the Colorado energy
office or the director's designee (director) to conduct or cause to be
conducted a study on the feasibility of using small modular nuclear
reactors as a carbon-free energy source in the state (feasibility study). On
or before July 1, 2025, the director is required to submit the director's
findings and conclusions of the feasibility study to the legislative
committees with jurisdiction over energy matters.
Current law defines recycled energy for purposes of the renewable
energy standard as energy produced by a generation unit with a nameplate
capacity of not more than 15 megawatts. For pumped hydroelectricity
generation only, section 2 specifies that the energy be produced by a
generation unit with a nameplate capacity of not more than 400
megawatts.

Section 1 of the bill increases the flexibility of the ozone season
transit grant program by:
  • Allowing an eligible transit agency that operates in an area
in which ozone levels are typically highest during a
different period than June 1 to August 31 of a calendar year
to designate a different period of the calendar year for its
ozone season;
  • Allowing a grant recipient to retain any grant money that it
does not spend in the year in which it is received for use in
a subsequent year;
  • Clarifying that a grant recipient may use grant money for
reasonable marketing expenses incurred to raise awareness
of free service and increase ridership;
  • Clarifying that an eligible transit agency may use grant
money to expand free services or free routes or increase the
frequency of service on routes for which free service is
already offered; and
  • Allowing the regional transportation district to use grant
money to cover the full costs, rather than up to 80% of the
costs, of providing at least 30 days of free transit on all
services that it offers.
On and after September 1, 2023, section 3 requires the governing
body of the transportation planning organization for each transportation
planning region to include at least one voting representative of a transit
agency that provides transit service in the transportation planning region.
The representative must be appointed by the transit agency or, if multiple
transit agencies provide service in the transportation planning region, by
agreement of the transit agencies. Section 2 defines the term
transportation planning organization as used in section 3.

The bill requires that, on and after January 1, 2024, every home
warranty service contract that provides coverage for the replacement of
any of certain gas-fueled appliances must include terms:
  • Allowing the homeowner to replace the gas-fueled
appliance with a similar device of the homeowner's
choosing that operates on electricity rather than gas;
  • Describing minimum efficiency and performance standards
for each gas-fueled appliance and for electric replacements;
and
  • Allowing the homeowner to receive an equivalent cash
value of a gas-fueled appliance in lieu of a replacement
appliance.

Current law allows a legislative measure to include a greenhouse
gas emissions report (report) prepared by the nonpartisan staff of the
legislative council that indicates whether the legislative measure is likely
to cause a net increase, decrease, or indeterminate amount of greenhouse
gas pollution in the 10-year period following its enactment. A report must
consider new sources of emissions, increases or decreases in existing
sources of emissions, and any impact on sequestration of emissions. The
department of natural resources, the Colorado energy office, and other
state agencies with relevant subject matter expertise are required to
cooperate with and provide information, if requested, to the legislative
council staff to assist in the preparation of a report.
The bill requires the director of research of the legislative council
(director) to prepare a preliminary report that requires an analysis on
whether a properly submitted initiative has a net change in greenhouse
gas emissions that directly impacts the following sectors:
  • Electric power;
  • Natural gas and oil systems;
  • Transportation;
  • Residential, commercial, or industrial fuel use;
  • Industrial processes;
  • Coal mining and abandoned mines;
  • Waste management;
  • Land use, land use change, or forestry; and
  • Agriculture.
The director is required to provide proponents of the proposed
initiative, or their representatives, and the secretary of state with the
preliminary report no later than the time of the title board meeting at
which the proposed initiated measure is to be considered.
The bill requires the ballot title of a measure that has a net increase
in greenhouse gas emissions as indicated by the preliminary report to
begin with Shall there be an increase in greenhouse gas emissions....
The ballot title of a measure that has a net decrease in greenhouse gas
emissions as indicated by the preliminary report must begin with Shall
there be a decrease in greenhouse gas emissions....
If it is determined in the preliminary report that the proposed
initiative is likely to directly cause a net increase or decrease, excluding
any de minimis net changes, in greenhouse gas pollution in the 10-year
period following the potential enactment of the initiative, staff of the
legislative council are required to prepare a full report. The department
of natural resources, the Colorado energy office, and other state agencies
with relevant subject matter expertise are required to assist the staff of the
legislative council with information in preparation of the report if
requested.
Proponents may file a motion for a rehearing with the secretary of
state within 7 days after the title board sets the initiative's title on the
grounds that the preliminary report is misleading or prejudicial. The title
board may modify the preliminary report based on information presented
at the rehearing. If the title board modifies the report, the secretary of
state shall provide the director with a copy of the amended report and the
director shall post the new version of the report on the legislative
council's website.
The bill further requires the ballot information booklet to include
any required preliminary report for any statewide measure and provide
information on how to obtain the full greenhouse gas emissions report if
one is available.

Current law establishes water and energy efficiency standards
(standards) for certain appliances and fixtures sold in Colorado. Sections
1 through 7 of the bill expand the appliances and fixtures that are subject
to the standards and update the standards.
Specifically, section 4 updates standards for certain appliances and
fixtures that are sold in Colorado on and after certain dates, including:
  • Certain faucets and urinals;
  • Certain lamps;
  • Commercial hot food holding cabinets;
  • Portable electric spas;
  • Residential ventilating fans; and
  • Spray sprinkler bodies.
Section 4 also creates new standards for certain appliances and
other fixtures that are sold in Colorado on and after January 1, 2024,
including:
  • Air purifiers;
  • Commercial ovens;
  • Electric storage water heaters;
  • Electric vehicle supply equipment;
  • Gas fireplaces;
  • Irrigation controllers;
  • Tub spout diverters and showerhead tub spout diverter
combinations; and
  • Certain residential windows, residential doors, and
residential skylights.
Section 4 also removes standards for air compressors, general
service lamps, and uninterruptible power supplies.
Section 5 requires the executive director of the department of
public health and environment (executive director) to promulgate rules on
or before January 1, 2026, and every 5 years thereafter:
  • Adopting a more recent version of any standard; and
  • Establishing standards for appliances and other devices that
are not subject to the standards if certain conditions are
met.
Section 6 exempts manufacturers of products subject to the
standards from having to demonstrate that a product complies with the
law if the product appears in the state appliance standards database
maintained by the Northeast Energy Efficiency Partnerships, or a
successor organization. Section 6 also requires the executive director to
conduct periodic, unannounced inspections of major distributors or
retailers, including online retailers, of new products in order to determine
compliance with the standards.
Under current law, any person who sells or offers to sell in the
state any new consumer product that is required to meet an efficiency
standard but that the person knows does not meet that standard is subject
to a civil penalty of not more than $2,000 for each violation, which
amount is credited to the general fund. Section 7 credits any penalties
imposed to the energy fund created in the Colorado energy office rather
than to the general fund and specifies that each transaction or online
for-sale product listing constitutes a separate violation.
Section 8 establishes the Clean Lighting Act to phase out the
sale of general-purpose fluorescent light bulbs that contain mercury. With
certain exceptions:
  • On and after January 1, 2024, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any new compact fluorescent lamp with a screw- or
bayonet-type base; and
  • On and after January 1, 2025, a person shall not
manufacture, distribute, sell, or offer for sale in Colorado
any linear fluorescent lamp or any compact fluorescent
lamp with a pin-type base.
Section 9 establishes standards for heating and water heating
appliances. With certain exceptions, on and after January 1, 2025, a
person shall not manufacture, distribute, sell, offer for sale, lease, or offer
for lease in Colorado any new water heater, boiler, or fan-type central
furnace unless the emissions of the product do not exceed certain limits
on emissions. On or before January 1, 2029, the air quality control
commission in the department of public health and environment must
promulgate rules lowering the emission limits. Section 9 also requires
manufacturers to use certain testing protocols, display certain information
on each product, and demonstrate compliance through one of various
described means.
Sections 8 and 9 both require the executive director to conduct
periodic, unannounced inspections of major distributors or retailers,
including online retailers, of new products to determine compliance and
to report violations to the attorney general. If the attorney general has
probable cause to believe that a violation occurred, the attorney general
may bring a civil action on behalf of the state to seek the imposition of
civil penalties, and any civil penalties are to be deposited in the energy
fund.

Section 1 of the bill makes legislative findings regarding the
minimal negative effects of carbon dioxide in the atmosphere as a
contributor to greenhouse gases in comparison to other, more harmful
emissions.
Section 2 prohibits the classification of carbon dioxide as a
pollutant in the state and establishes that, notwithstanding any other law
to the contrary, state statute, executive agency rules, and any regulations
of local governments or other political subdivisions of the state must not
include the regulation of carbon dioxide emissions as a pollutant. Any
portion of an executive agency rule that treats carbon dioxide emissions
as a pollutant is void.

Carbon management is defined by the bill as any combination of
carbon dioxide removal, carbon storage, carbon capture, and carbon
utilization. The bill ensures that carbon management projects, except for
agricultural, forestry, and enhanced oil recovery projects, are eligible for
money under the industrial and manufacturing operations clean air grant
program.
The bill also requires the Colorado energy office (office) and the
office of economic development to contract with an organization for the
development of a carbon management roadmap for the state. After
receiving a draft of the roadmap, the office will solicit feedback on the
roadmap and the contracted organization will use that feedback to update
the roadmap. The office will present the updated roadmap to the relevant
committees in the general assembly and then later update the general
assembly on the implementation of the roadmap.

The bill requires the public utilities commission's (commission)
gas pipeline safety rules, on or before March 1, 2024, to address
requirements for:
  • The inspection of gas meters and service regulators no
more often than every 36 months and the recorded
documentation of each inspection; and
  • The installation or reinstallation of service regulators so
that any vents associated with the service regulators are at
least 12 inches above ground level or 12 inches above any
anticipated precipitation, whichever is higher.
The bill requires the commission to promulgate rules, on or before
March 1, 2024, to establish a process for determining whether an owner
or operator of a natural gas distribution system (owner or operator) or a
customer is responsible for the maintenance and repairs of the portion of
the service line, if installed on or after August 14, 1995, and before
March 1, 2024, that extends from the gas meter to the customer's primary
residential or commercial structure that is serviced with natural gas
(customer-owned service line).
The bill also requires the commission to promulgate rules, on or
before March 1, 2024, requiring an owner or operator that distributes gas
to a customer-owned service line installed on or after March 1, 2024, to:
  • Provide written notice to the customer, within 90 days after
the installation of the customer-owned service line,
informing the customer whether the owner or operator or
the customer is responsible for the maintenance and repairs
of the customer-owned service line; and
  • Obtain a signed copy of the written notice from the
customer.
An owner or operator that fails to obtain a signed copy of the
written notice must repair and maintain the customer-owned service line
for the lifetime of the customer-owned service line.

Section 2 of the bill requires the state electrical board (board) to
adopt rules requiring compliance, starting January 1, 2024, with the
provisions of the model electric ready and solar ready code that require
multifamily buildings to be electric vehicle (EV) capable and EV ready
and to have EV supply equipment installed. The board is precluded from
adopting rules that prohibit the installation or use of EV charging stations
unless the rules address a bona fide safety concern.
Current law prohibits a landlord from unreasonably prohibiting the
installation of EV charging equipment in the leased premises. This
prohibition applies only to residential rental property. Section 3 broadens
this prohibition to apply to an assigned or a deeded parking space for the
leased premises, to parking spaces accessible to both the tenant and other
tenants, and to commercial rental property. Section 3 also requires a
landlord to allow an EV or a plug-in hybrid vehicle to park on the
premises.
Current law prohibits, when a person owns a unit in a common
interest community, such as a condominium, the association that manages
the community (association) from unreasonably prohibiting the
installation of EV charging equipment in the unit. Section 4 broadens this
prohibition to apply to assigned or deeded parking spaces for the unit or
parking spaces accessible to both the unit owner and other unit owners.
Section 4 also requires a common interest community to allow an EV or
a plug-in hybrid vehicle to park at the premises.
Current law grants a local government the ability to regulate
parking, and this regulation includes requiring that buildings meet
minimum parking standards. Sections 5, 6, and 7 require the local
government, when counting minimum parking spaces, to count:
  • Any parking space that is served by an EV charging station
as at least one standard automobile parking space; and
  • Any van-accessible parking space that is wheelchair
accessible and served by an EV charging station as at least
2 standard automobile parking spaces.
Sections 8 and 9 prohibit local governments from adopting an
ordinance or a resolution that prohibits the installation or use of EV
charging stations unless the ordinance or resolution addresses a bona fide
safety concern.
Section 10 exempts, until 2030, EV charging systems from the
levy and collection of property tax.
Federal law prohibits the construction of automotive service
stations or other commercial establishments for serving motor vehicle
users along interstate highway rights-of-way, including rest areas. Due to
this prohibition, the state cannot construct EV charging systems along
interstate highway rights-of-way, including rest areas, in the state.
Section 11 specifies that, when the federal law no longer prohibits the
construction of EV charging systems along interstate highway
rights-of-way, the department of transportation may collaborate with
public or private entities to develop projects for the construction of EV
charging systems along interstate highway rights-of-way.

The bill requires an oil and gas operator in the state (operator), on
or before January 31, 2024, and at least annually thereafter, to report
information to the Colorado oil and gas conservation commission
(commission) regarding the operator's use of water entering, utilized at,
or exiting each of the operator's oil and gas locations.
The bill also requires the commission to adopt rules requiring that:
  • When issuing an operator a new or renewed oil and gas
permit on or after June 1, 2024, the commission include as
a condition of the permit a requirement that the operator
use a decreasing percentage of fresh water and a
corresponding increasing percentage of recycled or reused
water in the operator's oil and gas operations; and
  • Each oil and gas operator, on and after January 1, 2024,
report on a monthly basis to the commission about the daily
vehicle miles traveled for any trucks hauling water to,
within, or from the operator's oil and gas operations in the
state.
From the information reported to the commission under the bill,
the commission is required to:
  • Include the information as part of the commission's annual
reporting on cumulative impacts of oil and gas operations;
  • Report to the division of administration (division) in the
department of public health and environment, on a
per-incident basis, any indication of technologically
enhanced naturally occurring radioactive material or PFAS
chemicals present in produced water; and
  • On a quarterly basis, submit a cumulative report to the
division and the department of transportation on reported
vehicle miles traveled and public roads traveled.

The bill requires the director of the Colorado energy office or the
director's designee (director) to conduct studies to assess the use of
advanced energy solutions in rural Colorado. One study must consider
ways to assist northwestern and west end of Montrose county Colorado
as it transitions to producing advanced firm dispatchable energy
resources. The other study must consider the potential for the
development of new energy resources in southeastern Colorado. The bill
specifies information that the director is required to consider in both
studies.
On or before July 1, 2025, the director is required to submit the
director's findings and conclusions of both studies to the legislative
committees with jurisdiction over energy matters.

Section 2 of the bill authorizes the Colorado energy office to
award grants for retrofitting existing buildings for installation of a
geothermal system for heating and cooling under the single-structure
geothermal grant that the office administers and for generating
geothermal energy through direct air capture technology under the
geothermal electricity generation grant that the office administers.
Section 3 establishes labor standards for thermal energy public
projects that a state agency or a state institution of higher education
procures.
In Colorado, a gas distribution utility providing gas service to more
than 90,000 retail customers is required to file with the public utilities
commission (commission) a clean heat plan, which is a plan
demonstrating how the utility will use clean heat resources to meet clean
heat targets for reducing carbon dioxide and methane emissions. Section
4 adds thermal energy as an eligible clean heat resource for helping to
meet clean heat targets.
Section 5 authorizes a gas utility that is regulated by the
commission to apply for review and approval of the use of thermal energy
networks in the gas utility's service area. A gas utility that is regulated by
the commission and that serves more than 500,000 customers is required
to propose pilot thermal energy network projects for the commission's
review and approval. The commission shall initiate a proceeding on or
before January 1, 2025, to determine if rule-making or legislative changes
are needed to facilitate the development of thermal energy in the state.
Section 6 repeals the Geothermal Heat Suppliers Act, which act
requires geothermal heat suppliers to obtain operating permits from the
commission.

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
include:
  • 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.

Section 2 of the bill removes the requirement that the air quality
control commission (AQCC) promulgate rules setting the conditions and
limitations for periods of start-up, shutdown, or malfunction of a source
of air pollution (source) that justify temporary relief from an emission
control regulation.
Current law provides that a person shall not permit the emission
of air pollutants at a nonresidential structure unless an air pollution
emission notice has been filed with the division of administration in the
department of public health and environment (division). Section 5 adds
the requirements that any:
  • Relevant permits have been approved by the division; and
  • Applicable period of review by the federal environmental
protection agency has been completed.
Section 6 removes the prohibition against the AQCC adopting
rules covering indirect sources that are more stringent than applicable
federal law.
Section 6 also requires the division, in evaluating a construction
permit application for a source that includes new oil and gas operations,
to:
  • Aggregate emissions from a proposed or modified oil and
gas system; and
  • Consider emissions from exploration and preproduction
activities if a proposed or modified oil and gas system is in
an ozone nonattainment area and if the activities will be
conducted beginning May 1 and ending August 31 of any
year (ozone season).
Section 8 clarifies that only the filing of a renewable operating
permit application can operate as a defense to an enforcement action for
operating without a permit during the time period that the division or the
AQCC is reviewing the permit application.
Current law requires the division or the AQCC to give public
notice of certain construction permit applications or renewable operating
permit applications and of certain public hearings through a newspaper
publication or another method that ensures effective public notice.
Current law also requires the division to maintain a copy of a construction
permit application and applicable preliminary analysis or a notice of
public hearing with the county clerk and recorder of the county where the
applicable project is located. Section 8 also removes the newspaper
publication option and the county clerk and recorder filing requirements
and provides for alternative methods of giving public notice, including
posting information about the application or any public hearings on the
division's or the AQCC's website.
Current law requires the division or AQCC to make a finding that
a source or activity will meet all applicable emission control regulations,
including ambient air quality standards (AAQS), before granting a permit
for the source or activity. Section 8 also requires that, beginning January
1, 2024, for at least any source or activity that has the potential to emit
levels of air contaminants above certain modeling thresholds, the division
or AQCC must base any finding that the source or activity will not cause
or contribute to an exceedance of applicable AAQS on air quality
modeling.
Section 8 also allows the division, after an investigation into
whether an activity meets the requirements of a construction permit, to
propose additional terms and conditions of the construction permit.
With respect to a complaint alleging or the division's own belief
regarding a violation or noncompliance (violation), section 9 requires the
division to:
  • Cause a diligent investigation into the violation to be made
unless the complaint clearly appears to be frivolous or
trivial or the complainant withdraws the complaint;
  • Notify the owner or operator of the applicable air pollution
source of the complaint or the division's belief of an
alleged violation within 30 days after the complaint was
filed or the division discovered the alleged violation;
  • Consider all relevant evidence that it acquires when
investigating the alleged violation; and
  • Determine whether a violation occurred within 90 days
after the division gives notice that it has commenced an
investigation on the matter.
If the division determines that a violation has occurred, current law
requires the division to issue a compliance order unless the responsible
party gives timely notice that the violation occurred during a period of
start-up, shutdown, or malfunction. Section 9 removes the exception for
periods of start-up, shutdown, or malfunction.
Section 9 also requires, if a hearing is requested after the receipt
of a compliance order, the commission to provide at least 45 days' notice
to any complainant that submitted a complaint alleging the applicable
violation.
Section 9 also allows a complainant to submit a request for a
hearing within 20 calendar days after receipt of a determination by the
division that no violation occurred.
Current law provides that any noncompliance that occurs during
a period of start-up, shutdown, or malfunction exempts the owner or
operator of a source from the duty to pay penalties related to that
noncompliance. Section 9 removes this provision.
Section 9 also allows a person, with respect to certain clean air
regulations, to commence a civil action (action) against an alleged
violator for a current or past violation of the regulation. A person shall
not commence an action until at least 60 days after a notice has been
provided to the executive director of the department, the director of the
division, and the alleged violator. Except for violations of an ongoing or
recurring nature, any action that is not commenced within 5 years after
the discovery of the alleged violation is time barred.
Current law requires the division to consider certain factors in
determining the amount of a civil penalty to assess for a violation.
Section 10 requires the division to also consider the impact of the
violation on safety and wildlife and biological resources and the severity
of the violation.
Current law provides that any action related to an alleged violation
of air quality laws that is not commenced within 5 years after the
occurrence of the alleged violation is time barred. Section 11 excludes
actions commenced to address a failure to obtain a permit from this
statute of limitation.
Section 12 creates new electrification requirements and emissions
standards for stationary engines used in oil and gas operations.
Section 13 creates new control measures that must be included in
any state implementation plan for ozone adopted by the AQCC until a
serious, severe, or extreme ozone nonattainment area in the state is
redesignated as a maintenance area by the federal environmental
protection agency.
Section 15 requires the district court, in a suit against a person that
has violated a state law, rule, or order related to oil and gas, to award the
initial complaining party any costs of litigation incurred by the initial
complaining party if the court determines that the award is appropriate.
Section 16 allows any person to submit a complaint to the oil and
gas conservation commission (COGCC) alleging a violation of a state
law, rule, or order related to oil and gas. Upon receipt of the complaint,
the COGCC or the director of the COGCC is required to promptly
commence and complete an investigation into the violation alleged by the
complaint, unless the complaint clearly appears on its face to be trivial or
the complainant withdraws the complaint.
Section 17 requires the COGCC to evaluate and address adverse
cumulative impacts on the environment and disproportionately impacted
communities for each permit application for a new or substantially
modified oil and gas location through a cumulative impact analysis.

Wildfire Matters Review Committee. Section 1 of the bill
directs the Colorado state forest service (state forest service) to consult
with other entities to develop educational materials relating to career
opportunities in forestry and wildfire mitigation for distribution to high
school guidance counselors to provide to high school students.
Section 2 creates the timber, forest health, and wildfire mitigation
industries workforce development program (development program) in the
state forest service. The development program provides partial
reimbursement to timber businesses and forest health or wildfire
mitigation entities for the costs of hiring interns.
Section 3 requires the state treasurer, on June 30, 2023, and on
June 30 each year thereafter, to transfer $1 million from the general fund
to the wildfire mitigation capacity development fund for allowable uses
of the fund.
Sections 4, 5, and 6 authorize the expansion of existing forestry
programs, including wildfire mitigation, and the creation of a new
forestry program within the community college system and at Colorado
mountain college (forestry programs). The bill provides for the
acquisition of a harvesting simulator to train students, which may be
shared among the forestry programs. The bill includes funding for the
forestry programs within the community college system and at Colorado
mountain college through limited purpose fee-for-service contracts and
grants.
Section 7 directs the state board for community colleges and
occupational education (board) to administer the recruitment of wildland
fire prevention and mitigation educators program (recruiting program) to
increase the number of qualified educators at community colleges, area
technical colleges, and local district colleges that deliver a wildfire
prevention and mitigation program or course. The bill appropriates
$250,000 from the general fund for the 2023-24 and for the 2024-25 state
fiscal years for the recruiting program.
1

Section 1 of the bill requires that, beginning in 2024, each
insurance company issued a certificate of authority to transact insurance
business that reports more than $100 million on its annual schedule T
filing with the National Association of Insurance Commissioners (NAIC)
must participate in and complete the NAIC's Insurer Climate Risk
Disclosure Survey or successor survey or reporting mechanism.
Section 2 requires the public employees' retirement association
(PERA) board, on or before June 1, 2024, to adopt proxy voting
procedures that ensure that the board's voting decisions align with, and
are supportive of, the statewide greenhouse gas (GHG) emission
reduction goals.
Section 3 requires PERA to include as part of its annual
investment stewardship report, which report is posted on the PERA
board's website, a description of climate-related investment risks,
impacts, and strategies.
Section 4 adds wastewater thermal energy equipment to the
definition of pollution control equipment, which equipment may be
certified by the division of administration (division) in the department of
public health and environment (CDPHE). Similarly, section 5 adds
wastewater thermal energy to the definition of clean heat resource,
which resource a gas distribution utility includes in its clean heat plan
filed with the public utilities commission.
Section 6 updates the statewide GHG emission reduction goals to
add a 65% reduction goal for 2035, an 80% reduction goal for 2040, and
a 90% reduction goal for 2045 when compared to 2005 GHG pollution
levels. Section 6 also increases the 2050 GHG emission reduction goal
from 90% of 2005 GHG pollution levels to 100%.
Section 7 gives the oil and gas conservation commission
(COGCC) authority over class VI injection wells used for sequestration
of GHG if the governor and COGCC determine, in accordance with a
study that the COGCC conducted in 2021, that the state has sufficient
resources to ensure the safe and effective regulation of the sequestration
of GHG. If the governor and the COGCC determine there are sufficient
resources, the COGCC may seek primacy under the federal Safe
Drinking Water Act and, when granted, may issue and enforce permits
for class VI injection wells. The COGCC shall require, as part of its
regulation of class VI injection wells, that operators of the wells maintain
adequate financial assurance until the COGCC approves the closure of a
class VI injection well site.
Section 8 establishes a state income tax credit in an amount equal
to 30% of the purchase price for new, electric-powered lawn equipment
for purchases made in income tax years 2024 through 2026. A seller of
new, electric-powered lawn equipment that demonstrates that it provided
a purchaser a 30% discount from the purchase price of new,
electric-powered lawn equipment may claim the tax credit.
Current law requires an electric retail utility (utility) to offer a net
metering credit as the means of purchasing output from a community
solar garden (CSG) located within the utility's service territory and
establishes the means of calculating the net metering credit. Section 9
maintains that calculation if the CSG indicates to the utility that the CSG's
subscribers' bill credits change annually. If the CSG indicates to the utility
that the CSG's subscribers' bill credits remain fixed, however, section 9
provides a different calculation for determining the net metering credit.
Sections 10 through 12 incorporate projects to renovate or
recondition existing utility transmission lines into the Colorado Electric
Transmission Authority Act, allowing the Colorado electric transmission
authority to finance and renovate, rebuild, or recondition existing
transmission lines in order to update and optimize the transmission lines.
Section 13 requires a local government to expedite its review of
a land use application that proposes a project to renovate, rebuild, or
recondition existing transmission lines.
Section 14 makes a conforming amendment regarding the updated
statewide GHG emission reduction goals set forth in section 6.

Wildfire Matters Review Committee. The bill requires the center
of excellence for advanced technology aerial firefighting (center of
excellence) in the division of fire prevention and control in the
department of public safety to establish one or more remote camera
technology pilot programs. The program may include the use of artificial
intelligence technologies. The center of excellence must acquire or
contract for a system of remote pan-tilt-zoom cameras and associated
tools to provide a live feed of information that can detect, locate, and
confirm ignition in the wildland-urban interface. The center of excellence
may acquire or contract for artificial intelligence technologies to assist in
the detection, containment, and monitoring of wildfires. The center of
excellence must report to the wildfire matters review committee on the
system's effectiveness and potential for more widespread use in the state.
The bill appropriates $2 million from the general fund to implement the
program.

The bill updates statutory definitions of clean energy and clean
energy resource to include nuclear energy.

The bill establishes a wildfire resiliency code board (board) in the
division of fire prevention and control (division) within the department
of public safety (department) for the purposes of ensuring community
safety from and more resiliency to wildfires by reducing the risk of
wildfires to people and property through the adoption of statewide codes
and standards. The board consists of 21 appointed voting members with
specific government or industry qualifications and 3 non-voting members.
The board is required to promulgate rules concerning the adoption and
administration of codes and standards for the hardening of structures and
parcels in the wildland-urban interface in Colorado, including rules that:
  • Define the wildland-urban interface and identify areas of
the state that are within it;
  • Adopt minimum codes and standards based on best
practices to reduce the risk to life and property from the
effects of wildfires;
  • Identify hazards and types of buildings, entities, and
defensible space around structures to which the codes
apply; and
  • Establish a process for a governing body to petition the
board for a modification to the codes and establish the
criteria and process for the board to grant or deny an appeal
from a decision of the board on a petition for modification.
The bill also creates the wildfire resiliency code board cash fund
and continuously appropriates the money in the fund to the department to
implement the provisions of the bill.
The bill requires a governing body with jurisdiction in an area
within the wildland-urban interface to adopt and enforce a code that
meets or exceeds the minimum standards of the codes adopted by the
board. Enforcement of the codes is done in accordance with the rules and
regulations for code enforcement adopted by the governing body. If the
governing body does not have rules and regulations for code enforcement,
the governing body may request support from the division to enforce the
code.

The bill requires the Colorado oil and gas conservation
commission (commission), in consultation with local governments, to
perform a study that:
  • Recognizes best management practices for capturing
methane seepage in the Raton basin;
  • Confirms the high quality of water resulting from such
methane capture operations; and
  • Confirms the high potential to preserve and make
beneficial use of such water.
The commission must complete the study and submit it to
legislative committees of reference by December 1, 2023.
The bill also requires the commission to implement a regulatory
category for methane recovery in the Raton basin, which category
includes consideration of enforcement, financial assurance, flow lines,
forms, operator guidance, orphan well programs, rules, and policies and
allows for beneficial uses deemed prudent by local governments.

Current law requires that certain entities submit a plan (clean
energy plan) to the division of administration in the department of public
health and environment (division) and the public utilities commission
(PUC) to reduce the entity's greenhouse gas emissions associated with the
entity's electricity sales and to achieve at least an 80% reduction in
greenhouse gas emissions caused by the entity's Colorado retail electricity
sales by 2030 relative to 2005 levels (2030 clean energy target). In
addition to meeting the 2030 clean energy target, the bill requires that any
clean energy plan submitted to the division must also achieve at least a
46% reduction in greenhouse gas emissions caused by the entity's
Colorado electricity sales by 2027 relative to 2005 levels (2027 clean
energy target). If an entity's current clean energy plan does not achieve
the 2027 clean energy target, the entity must, no later than December 31,
2024, submit a revised clean energy plan to the division. The division
shall, in consultation with the PUC, verify that the revised clean energy
plan meets the 2027 clean energy target.
The bill also requires any entity that submits a clean energy plan
to the division on or after July 1, 2023, to base the entity's 2005 baseline
greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and
estimated 2030 greenhouse gas emissions on:
  • The greenhouse gas emissions from each resource that is
used to supply electricity to the entity's retail electricity
customers; and
  • The greenhouse gas emissions from each resource that
generates electricity and that is owned by the entity if the
applicable greenhouse gas emissions are not otherwise
required to be included in another entity's clean energy
plan.
The bill also requires the division to independently confirm or
calculate the data it uses in verifying a clean energy plan submitted to the
division on or after July 1, 2023, and allow the public to access and
provide comments about the data prior to the verification of a clean
energy plan.
No later than June 1, 2028, the division must:
  • Calculate the percentage of reduction in greenhouse gas
emissions for each entity that is required to submit a clean
energy plan and does not have its electric resource planning
process regulated by the PUC; and
  • Determine whether each entity that is required to submit a
clean energy plan and does not have its electric resource
planning process regulated by the PUC has obtained all of
the resources necessary to achieve the 2030 clean energy
target.
If the division determines that an entity has not obtained all of the
resources necessary to achieve the 2030 clean energy target, no later than
December 31, 2028, the entity must submit a report to the division
identifying the resources that it has procured to achieve the 2030 clean
energy target (report).
If the entity does not submit the report on or before December 31,
2028, or if the division determines from the report that an entity has not
obtained all of the resources necessary to achieve the 2030 clean energy
target, the air quality control commission (AQCC) shall adopt rules that
limit the greenhouse gas emissions by the entity to ensure that the entity
achieves the 2030 clean energy target and that direct the division to
amend any of the entity's operating permits for sources of greenhouse gas
emissions to ensure that the entity achieves the 2030 clean energy target.
The bill also requires:
  • If a utility's Colorado electricity sales between January 1,
2022, and December 31, 2022, are equal to or greater than
300,000 megawatt-hours, the utility to submit a clean
energy plan to the division; and
  • The owner of an electric generating unit that has a
nameplate capacity equal to or larger than 50 megawatts to
submit a clean energy plan to the division that covers all
greenhouse gas emissions from the unit that are not
otherwise required to be included in the clean energy plan
of another entity.
Any entity required to submit a clean energy plan to the division
may designate another entity to submit a clean energy plan on its behalf
or submit a joint clean energy plan with another entity.
No later than October 1, 2024, the division shall submit a report to
the general assembly that includes certain data regarding which electric
utilities have submitted clean energy plans to the division and the
electricity generation resources that are responsible for greenhouse gas
emissions in the state.
No later than December 31, 2024, the division shall issue guidance
specifying the manner in which the division will track and account for
greenhouse gas emissions associated with electricity utility transactions
in organized markets.
The bill defines cooperative retail electric utility as a retail
electric utility that has:
  • Indicated an intent to submit or, after January 1, 2021, has
submitted a clean energy plan; and
  • Provided a non-conditional notice that it is withdrawing
from a wholesale generation and transmission cooperative
after January 1, 2021, or enters into a partial requirements
contract with a wholesale generation and transmission
cooperative to obtain more than 5% of its firm capacity
supply from a greenhouse-gas-emitting source other than
the wholesale generation and transmission cooperative
(cooperative retail electric utility).
A cooperative retail electric utility must submit a clean energy plan
to the division no later than 18 months after ceasing to be a member of a
wholesale generation and transmission cooperative or after the date that
a partial requirements contract begins. The division shall verify, in
consultation with the PUC, that any cooperative retail electric utility's
clean energy plan achieves the 2027 clean energy target and the 2030
clean energy target.
The bill also defines wholesale power marketer as an entity
operating in the state that supplies wholesale capacity or energy to a retail
electric utility located in the state (wholesale power marketer).
A wholesale power marketer must submit a clean energy plan with
the division if, on or after July 1, 2023:
  • The wholesale power marketer sells, provides, arranges for,
or contracts for the delivery of capacity or energy to a retail
electric utility in the state; and
  • The greenhouse gas emissions associated with the retail
electric utility's operations are not otherwise required to be
included in another entity's clean energy plan.
The division must verify, in consultation with the PUC, that any
clean energy plan submitted by a wholesale power marketer achieves the
2027 clean energy target and the 2030 clean energy target.
The bill also defines new electric utility as any new electric
utility that is incorporated, created, or otherwise formed on or after July
1, 2023, that:
  • Serves retail customers in the state; and
  • Sells 300,000 megawatt-hours or more of electricity in its
first year of operation (new electric utility).
A new electric utility must submit a clean energy plan to the
division no later than 2 years after being incorporated, created, or
otherwise formed. If a new electric utility does not submit a clean energy
plan to the division within this time, the AQCC shall adopt rules to reduce
the greenhouse gas emissions by the new electric utility to ensure that the
new electric utility achieves the 2027 clean energy target and the 2030
clean energy target.

Housing needs planning. The executive director of the
department of local affairs (director) shall, no later than December 31,
2024, and every 5 years thereafter, issue methodology for developing
statewide, regional, and local housing needs assessments. The statewide
housing needs assessment must determine existing statewide housing
stock and current and future housing needs. The regional housing needs
assessments must allocate the addressing of housing needs identified in
the statewide housing needs assessment to regions of the state. Similarly,
the local housing needs assessments must allocate the addressing of the
housing needs allocated in the regional housing needs assessment to
localities in the relevant region.
The director shall, no later than December 31, 2024, issue
guidance on creating a housing needs plan for both a rural resort job
center municipality and an urban municipality. Following this guidance,
no later than December 31, 2026, and every 5 years thereafter, a rural
resort job center municipality and an urban municipality shall develop a
housing needs plan and submit that plan to the department of local affairs
(department). A housing needs plan must include, among other things,
descriptions of how the plan was created, how the municipality will
address the housing needs it was assigned in the local housing needs
assessment, affordability strategies the municipality has selected to
address its local housing needs assessment, an assessment of
displacement risk and any strategies selected to address identified risks,
and how the locality will comply with other housing requirements in this
bill.
The director shall, no later than December 31, 2024, develop and
publish a menu of affordability strategies to address housing production,
preservation, and affordability. Rural resort job center municipalities and
urban municipalities shall identify at least 2 of these strategies that they
intend to implement in their housing plan, and urban municipalities with
a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and
publish a menu of displacement mitigation measures. This menu must,
among other things, provide guidance for how to identify areas at the
highest risk for displacement and identify displacement mitigation
measures that a locality may adopt. An urban municipality must identify
which of these measures it intends to implement in its housing plan to
address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report
that identifies strategic growth objectives that will incentivize growth in
transit-oriented areas and infill areas and guide growth at the edges of
urban areas. The multi-agency advisory committee shall, no later than
March 31, 2024, submit a report to the general assembly concerning the
strategic growth objectives.
The bill establishes a multi-agency advisory committee and
requires that committee to conduct a public comment and hearing process
on and provide recommendations to the director on:
  • Methodologies for developing statewide, regional, and
local housing needs assessments;
  • Guidance for creating housing needs plans;
  • Developing a menu of affordability strategies;
  • Developing a menu of displacement mitigation measures;
  • Identifying strategic growth objectives; and
  • Developing reporting guidance and templates.
A county or municipality within a rural resort region shall
participate in a regional housing needs planning process. This process
must encourage participating counties and municipalities to identify
strategies that, either individually or through intergovernmental
agreements, address the housing needs assigned to them. A report on this
process must be submitted to the department. Further, within 6 months of
completing this process, a rural resort job center municipality shall submit
a local housing needs plan to the department. Once a year, both rural
resort job centers and urban municipalities shall report to the department
on certain housing data.
A multi-agency group created in the bill and the division of local
government within the department shall provide assistance to localities
in complying with the requirements of this bill. This assistance must
include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an
accessory dwelling unit model code that, among other things, requires
accessory dwelling units to be allowed as a use by right in any part of a
municipality where the municipality allows single-unit detached
dwellings as a use by right. The committee shall provide
recommendations to the director for promulgating this model code. In
developing these recommendations, the committee shall conduct a public
comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit
model code, the municipality shall adhere to accessory dwelling unit
minimum standards established in the bill and by the department. These
minimum standards, among other things, must require a municipality to:
  • Allow accessory dwelling units as a use by right in any part
of the municipality where the municipality allows
single-unit detached dwellings as a use by right;
  • Only adopt or enforce local laws concerning accessory
dwelling units that use objective standards and procedures;
  • Not adopt, enact, or enforce local laws concerning
accessory dwelling units that are more restrictive than local
laws concerning single-unit detached dwellings; and
  • Not apply standards that make the permitting, siting, or
construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing
model code that, among other things, requires middle housing to be
allowed as a use by right in any part of a rural resort job center
municipality or a tier one urban municipality where the municipality
allows single-unit detached dwellings as a use by right. The committee
shall provide recommendations to the director for promulgating this
model code. In developing these recommendations, the committee shall
conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the middle housing model code, the
municipality shall adhere to middle housing minimum standards
established in the bill and by the department. These minimum standards,
among other things, must require a municipality to:
  • Allow middle housing as a use by right in certain areas;
  • Only adopt or enforce local laws concerning middle
housing that use objective standards and procedures;
  • Allow properties on which middle housing is allowed to be
split by right using objective standards and procedures;
  • Not adopt, enact, or enforce local laws concerning middle
housing that are more restrictive than local laws concerning
single-unit detached dwellings; and
  • Not apply standards that make the permitting, siting, or
construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a
transit-oriented area model code that, among other things, imposes
minimum residential density limits for multifamily residential housing
and mixed-income multifamily residential housing and allows these
developments as a use by right in the transit-oriented areas of tier one
urban municipalities. The committee shall provide recommendations to
the director for promulgating this model code. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Even if a tier one urban municipality does not adopt the
transit-oriented model code, the municipality shall adhere to middle
housing minimum standards established in the bill and by the department.
These minimum standards, among other things, must require a
municipality to:
  • Create a zoning district within a transit-oriented area in
which multifamily housing meets a minimum residential
density limit and is allowed as a use by right; and
  • Not apply standards that make the permitting, siting, or
construction of multifamily housing in transit-oriented
areas infeasible.
Key corridors. The director shall promulgate a key corridor model
code that applies to key corridors in rural resort job center municipalities
and tier one urban municipalities. The model code must, among other
things, include requirements for:
  • The percentage of units in mixed-income multifamily
residential housing that must be reserved for low- and
moderate-income households;
  • Minimum residential density limits for multifamily
residential housing; and
  • Mixed-income multifamily residential housing that must be
allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for
promulgating this model code. In developing these recommendations, the
committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the key corridor model code, the municipality
shall adhere to key corridor minimum standards promulgated by the
director and developed by the department. These minimum standards,
among other things, must identify a net residential zoning capacity for a
municipality and must require a municipality to:
  • Allow multifamily residential housing within key corridors
that meets the net residential zoning capacity as a use by
right;
  • Not apply standards that make the permitting, siting, or
construction of multifamily housing in certain areas
infeasible; and
  • Not adopt, enact, or enforce local laws that make satisfying
the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on
promulgating these minimum standards. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Adoption of model codes and minimum standards. A relevant
municipality shall adopt either the model code or local laws that satisfy
the minimum standards concerning accessory dwelling units, middle
housing, transit-oriented areas, and key corridors. Furthermore, a
municipality shall submit a report to the department demonstrating that
it has done so. If a municipality fails to adopt either the model code or
local laws that satisfy the minimum standards by a specified deadline, the
relevant model code immediately goes into effect, and municipalities
shall then approve any proposed projects that meet the standards in the
model code using objective procedures. However, a municipality may
apply to the department for a deadline extension for a deficiency in water
or wastewater infrastructure or supply.
Additional provisions. The bill also:
  • Requires the advisory committee on factory-built structures
and tiny homes to produce a report on the opportunities and
barriers in state law concerning the building of
manufactured homes, mobile homes, and tiny homes;
  • Removes the requirements that manufacturers of
factory-built structures comply with escrow requirements
of down payments and provide a letter of credit, certificate
of deposit issued by a licensed financial institution, or
surety bond issued by an authorized insurer;
  • Prohibits a planned unit development resolution or
ordinance for a planned unit with a residential use from
restricting accessory dwelling units, middle housing,
housing in transit-oriented areas, or housing in key
corridors in a way not allowed by this bill;
  • Prohibits a local government from enacting or enforcing
residential occupancy limits that differ based on the
relationships of the occupants of a dwelling;
  • Modifies the content requirements for a county and
municipal master plan, requires counties and municipalities
to adopt or amend master plans as part of an inclusive
process, and requires counties and municipalities to submit
master plans to the department;
  • Allows a municipality to sell and dispose of real property
and public buildings for the purpose of providing property
to be used as affordable housing, without requiring the sale
to be submitted to the voters of the municipality;
  • Requires the approval process for manufactured and
modular homes to be based on objective standards and
administrative review equivalent to the approval process
for site-built homes;
  • Prohibits a municipality from imposing more restrictive
standards on manufactured and modular homes than the
municipality imposes on site-built homes;
  • Prohibits certain municipalities from imposing minimum
square footage requirements for residential units in the
approval of residential dwelling unit construction permits;
  • Requires certain entities to submit to the Colorado water
conservation board (board) a completed and validated
water loss audit report pursuant to guidelines that the board
shall adopt;
  • Allows the board to make grants from the water efficiency
grant program cash fund to provide water loss audit report
validation assistance to covered entities;
  • Allows the board and the Colorado water resources and
power development authority to consider whether an entity
has submitted a required audit report in deciding whether
to release financial assistance to the entity for the
construction of a water diversion, storage, conveyance,
water treatment, or wastewater treatment facility;
  • Prohibits a unit owners' association from restricting
accessory dwelling units, middle housing, housing in
transit-oriented areas, or housing in key corridors;
  • Requires the department of transportation to ensure that the
prioritization criteria for any grant program administered
by the department are consistent with state strategic growth
objectives, so long as doing so does not violate federal law;
  • Requires any regional transportation plan that is created or
updated to address and ensure consistency with state
strategic growth objectives;
  • Requires that expenditures for local and state multimodal
projects from the multimodal transportation options fund
are only to be made for multimodal projects that the
department determines are consistent with state strategic
growth objectives; and
  • For state fiscal year 2023-24, appropriates $15,000,000
from the general fund to the housing plans assistance fund
and makes the department responsible for the accounting
related to the appropriation.
1

Joint Budget Committee. In order to allow the department of
military and veterans affairs (department) to impose charges for the
charging of electric vehicles using electric vehicle services equipment
(equipment) provided by the department at Colorado National Guard
facilities and to use the revenue to fund the ongoing operation of the
equipment, the bill:
  • Creates the electric vehicle service equipment fund (fund);
  • Requires all money received by the department from such
charges to be credited to the fund;
  • Authorizes the department to accept gifts, grants, and
donations to be credited to the fund;
  • Subject to annual appropriation, authorizes the department
to expend money from the fund to defray the costs
associated with operation of the equipment; and
  • Appropriates $50,000 from the fund to the department for
state fiscal year 2023-24.