First Regular Session Sixty-seventh General Assembly STATE OF COLORADO INTRODUCED LLS NO. 09-0357.01 Thomas Morris HOUSE BILL 09-1098 HOUSE SPONSORSHIP Baumgardner, Gardner C., King S., Murray, Sonnenberg, Tipton, Waller SENATE SPONSORSHIP Brophy and Kopp, House Committees Senate Committees Transportation & Energy Appropriations A BILL FOR AN ACT Concerning the streamlining of approval requirements for clean coal electric generation projects. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates the approval coordination council (council) in the public utilities commission by a type 2 transfer. Directs the council to initiate approval coordination procedures upon submission of a request by the sponsor of a clean coal electric generation technology project. Requires the sponsor to file with the council and serve upon all governmental entities involved in approving the project a description of the project and a list of the governmental entities involved and to pay the costs associated with the council's coordination. Directs the commission to streamline the procedural steps required for approval of a certificate of public convenience and necessity and for cost recovery of clean coal electric generation technology projects. Directs the air quality control commission, water quality control commission, state board of health, and solid and hazardous waste commission in the department of public health and environment to streamline the procedural steps required for issuance of permits for clean coal electric generation technology projects. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 40-2-123 (2), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 40-2-123. New energy technologies - consideration by commission - incentives - demonstration projects - approval coordination council - cash fund created - definitions - legislative declaration. (2) (n) (I) There is hereby created in the office of the commission the approval coordination council, referred to in this paragraph (n) as the council. The council shall exercise its powers and perform its duties and functions specified in this paragraph (n) under the commission as if the council were transferred to the commission by a type 2 transfer as such transfer is defined in section 24-1-105, C.R.S. (II) Sponsors of advanced coal electric generation technology projects, including an IGCC or other clean coal technology project, that require permits or approvals from the commission and local, state, or federal governmental entities, including, specifically, the department of public health and environment, or that require compliance with a jurisdictional requirement of the commission and local, state, or federal government, may elect to utilize the coordination process authorized by this paragraph (n). No project sponsor shall be compelled to utilize the process authorized by this paragraph (n). (III) Upon receipt of a written request from a project sponsor, the council shall initiate project coordination procedures that result in a commitment by the sponsor to pay for the specified costs of the governmental participants. After submission of its request but before beginning project coordination procedures, the sponsor shall pay to the council a filing fee in an amount determined by the council to cover its direct and indirect costs in providing project coordination procedures. The council shall establish and publish hourly rates for coordination charges performed by the council in connection with applications filed under this article. Within thirty days after the final approval or denial of a project, the council shall bill the sponsor for the council's direct and indirect costs in accordance with the hourly rate structure established pursuant to this paragraph (n). The council's charges shall be billed against the filing fee paid pursuant to this paragraph (n), but such charges shall not exceed the amount of the filing fee. If the council bills charges in an amount less than the filing fee, the council shall return any unused balance of the filing fee to the sponsor after the final determination in the matter has been made. The council shall transmit such fee to the state treasurer, who shall deposit it in the approval coordination council cash fund, which fund is hereby created in the state treasury. All moneys credited to the fund and unexpended at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund. Moneys in the fund shall be appropriated solely to the council to pay for its costs in providing project coordination procedures. Project coordination procedures shall require the sponsor to perform at least the following activities: (A) File with the council a project statement containing accurate information relating to the nature, location, size, and duration of the project; (B) File with the council a list containing the names and addresses of all local, state, and federal governmental entities that the sponsor reasonably expects to be involved in a process requiring public input with regard to the project; and (C) Serve the project statement upon each local, state, and federal governmental entity contained in the list filed with the council. (IV) Upon completion of the procedures required pursuant to subparagraph (III) of this paragraph (n), the council shall: (A) Establish, to the extent possible, a list of all applicable requirements identified by the sponsor that will be the subject of the agreement between the sponsor and the council; (B) Establish a timetable for completion of the public input, permit compliance, and approval requirements in coordination with the governmental entities involved; (C) Organize and manage meetings involving the sponsor and all involved governmental entities; and (D) Take any other action that will facilitate the timely approval or denial of permits, approvals, or licenses required of the sponsor for the commencement of the project. (V) Failure of the sponsor to utilize the process established in this paragraph (n) shall not be grounds or rationale for the denial or conditioning of any permit, license, approval, or other action requested by the sponsor from any governmental entity involved in the permitting or licensing process. (VI) Nothing in this paragraph (n) shall confer any additional powers or jurisdiction upon any participating governmental entity. (VII) The commission shall, to the extent feasible, streamline the procedural steps required for approval of a certificate of public convenience and necessity and for cost recovery for advanced coal electric generation technology projects, including an IGCC or other clean coal technology project. SECTION 2. 25-6.5-102, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 25-6.5-102. Requirements for environmental rules - publication - approval coordination. (8) Each relevant commission shall: (a) Cooperate with the approval coordination council created in section 40-2-123 (2) (n), C.R.S.; and (b) To the extent feasible, streamline the procedural steps required for permit issuance for an advanced coal electric generation technology project, including an IGCC or other clean coal technology project, as those terms are used in section 40-2-123, C.R.S. SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.