NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 10-1363
      
      
      BY REPRESENTATIVE(S) Scanlan, Liston, McFadyen, Apuan,
      Baumgardner, Curry, Fischer, Kerr J., King S., Labuda, Massey, Merrifield,
      Middleton, Pace, Priola, Tyler, Vaad, Vigil;
      also SENATOR(S) White, Boyd, Gibbs, Hodge, Johnston, Newell,
      Schwartz, Whitehead.
      
      
      Concerning incentives for the production of biogenic gas that was
           created as a result of human intervention.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  40-2-123, Colorado Revised Statutes, is amended BY
      THE ADDITION OF A NEW SUBSECTION to read:
      
           40-2-123.  New energy technologies - consideration by
      commission - incentives - demonstration projects - definitions -
      legislative declaration - repeal.  (3.3)  In its consideration of
      generation acquisitions for electric utilities, the commission may
      give the fullest possible consideration to the cost-effective
      implementation of new energy technologies for the generation of
      electricity from methane produced biogenically in geologic
      strata as a result of human intervention.
      
           SECTION 2.  40-9.7-103 (5) (b), Colorado Revised Statutes, is
      amended to read:
      
           40-9.7-103.  Definitions.  As used in this article, unless the context
      otherwise requires:
      
           (5)  "Clean energy" means any of the following fuels that are
      themselves manufactured or synthesized and energy derived from any of the
      following:
      
           (b)  Biomass resources such as biogas, including methane that
      has been produced biogenically in geologic strata as a result of
      human intervention and that does not involve additional land
      disturbance, agricultural or animal waste, small diameter timber or any
      timber harvested pursuant to a watershed protection project or forest health
      project, salt cedar, other nonnative invasive phreatophyte vegetation
      removed from river basins or watersheds in Colorado, landfill gas, and
      anaerobically digested waste biomass; except that biomass resources do not
      include energy generated by use of fossil fuel;
      
           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; and except that section 1
      of this act shall take effect only if House Bill 10-1001 is enacted and
      becomes law.
      
           (2)  The provisions of this act shall apply to conduct occurring on or
      after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO