Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-0881.01 Kate Meyer           HOUSE BILL 10-1282
                    HOUSE SPONSORSHIP
 King S., 
 
                   SENATE SPONSORSHIP
 Penry, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the imposition of a moratorium on the closure of
            coal-solar power plants.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill imposes a moratorium on the closing of any coal-solar
       power plants until July 1, 2012.  "Coal-solar power plant" is defined as an
       investor-owned, coal-fired electric generation facility that integrates solar
       thermal technology.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Legislative declaration.  (1)  The general assembly
       hereby finds, determines, and declares that, while the public utilities
       commission of the state of Colorado is vested with broad authority to
       regulate public utilities in the state, that authority, being conferred by and
       subject to constitutional and statutory direction, is not absolute.
            (2)  The general assembly further finds and declares that:
            (a)  Approximately half of America's electricity comes from coal
       and, in Colorado, coal provides more than two-thirds of the state's electric
       power capacity;
            (b)  It would be impossible for America to meet its current energy
       needs without coal-powered electricity generation;
            (c)  Coal is an abundant fuel source that is found in thirty-eight
       states, including Colorado, and America's two hundred fifty billion tons
       of recoverable coal reserves are estimated to be sufficient to meet
       domestic demand for more than two hundred years;
            (d)  Coal is an increasingly clean fuel, with coal-based electricity
       generation now seventy-five percent cleaner than it was thirty-five years
       ago;
            (e)  Coal is a major economic engine for Colorado, with the coal
       industry providing thousands of jobs in the state, serving as a source of
       economic development for rural communities, and generating tens of
       millions of dollars in royalty fees and severance taxes that state, federal,
       and local governments depend on to provide critical community services;
            (f)  Solar-assisted power facilities pilot ways to make coal
       technologies even cleaner and more efficient; and
            (g)  The closure of coal-solar power plants at this time will destroy
       jobs and reduce energy generation at a time when both Colorado and
       America need more of both.  Therefore, it is declared to be in the public
       interest to require such facilities to remain operational for the near future.
            SECTION 2.  Article 4 of title 40, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SECTION to read:
            40-4-118.  Moratorium on closure of coal-solar power plants
       - definition - repeal.  (1)  Notwithstanding any provision of law,
       commission or court rule, order, or decision to the contrary,
       there is hereby imposed a moratorium on closing any coal-solar
       power plant, regardless of whether the closure of any such
       plant has been approved by the commission.
            (2)  As used in this section, "coal-solar power plant" means
       an investor-owned, coal-fired electric generation facility that
       augments or is being equipped to augment coal with
       concentrated solar power.
            (3)  This section is repealed, effective July 1, 2012.
            SECTION 3.  Act subject to petition - effective date -
       applicability.  (1)   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 (August 11, 2010, if adjournment sine die is on
       May 12, 2010); except that, if a referendum petition is filed pursuant to
       section 1 (3) of article V of the state constitution against this act or an
       item, section, or part of this act within such period, then the act, item,
       section, or part shall not take effect unless approved by the people at the
       general election to be held in November 2010 and shall take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  The provisions of this act shall apply to coal-solar power plant
       closures that are scheduled to occur on or after the applicable effective
       date of this act.