HOUSE 3rd Reading Unamended May 9, 2011 HOUSE Amended 2nd Reading May 5, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0463.02 Esther van Mourik HOUSE BILL 11-1312 HOUSE SPONSORSHIP Becker, SENATE SPONSORSHIP Hodge, House Committees Senate Committees Agriculture, Livestock, & Natural Resources Appropriations A BILL FOR AN ACT Concerning the reorganization of the governor's energy office, and making an appropriation in connection therewith. 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: Changes the name of the governor's energy office to the Colorado energy office; Requires that any regional representatives of the Colorado energy office, as it existed prior to July 1, 2011, that helped engage municipalities, consumers, businesses, and others with the energy programs of the office be combined with any regional or business development representatives employed by the Colorado office of economic development and limited to one representative for each of 6 distinct regions of the state; Requires the director of the Colorado energy office to reduce the number of full-time equivalent employees of the office by 25% no later than the end of the 2011-12 state fiscal year; As part of the reorganization, changes the mission of the newly named Colorado energy office to: Promoting economic development in Colorado through energy-market advances that create jobs; Encouraging Colorado-based clean and innovative energy solutions that include traditional and renewable energy sources; Increasing energy security; Lowering long-term consumer costs; and Protecting the environment; and Changes the name of the clean energy fund to the energy innovation fund and aligns the purposes of that fund with the new mission of the Colorado energy office. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 11-59.7-103 (13), Colorado Revised Statutes, is amended, and the said 11-59.7-103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 11-59.7-103. Definitions. As used in this article, unless the context otherwise requires: (8.5) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101 (1), C.R.S. (13) "Governor's energy office" means the governor's energy office created in section 24-38.5-101 (1), C.R.S. SECTION 2. 11-59.7-107, Colorado Revised Statutes, is amended to read: 11-59.7-107. Qualified energy conservation bond volume cap. (1) The qualified energy conservation bond volume cap shall be administered by the governor's Colorado energy office pursuant to this section. The governor's Colorado energy office shall allocate the qualified energy conservation bond volume cap to the state and large local governments in accordance with federal law for the purpose of financing or refinancing projects approved by the governor's Colorado energy office. The qualified energy conservation bond volume cap for calendar year 2009 shall be allocated by the thirtieth day following June 2, 2009. The qualified energy conservation bond volume cap for each subsequent calendar year shall be allocated on or before February 15 of the calendar year. (2) The state may reallocate any portion of the qualified energy conservation bond volume cap allocated or reallocated to the state pursuant to this section to any public entity for the purpose of financing or refinancing projects approved by the governor's Colorado energy office. (3) Any portion of the qualified energy conservation bond volume cap for a calendar year that is allocated to a large local government pursuant to subsection (1) of this section that has not been used on bonds issued or a lease-purchase agreement entered into or for which a contract to purchase bonds or instruments evidencing interests in a lease-purchase agreement has not been entered into on or before November 10 of the calendar year shall, on November 11 of the calendar year, automatically revert to the governor's Colorado energy office. If a contract to purchase has been entered into on or before November 10 of the calendar year but the related bonds or lease-purchase agreement are not issued or entered into on or before November 30 of the calendar year, the volume cap shall automatically revert to the governor's Colorado energy office on December 1 of the calendar year. The governor's Colorado energy office may reallocate to any public entity for the purpose of financing or refinancing a project approved by the office, or carry forward pursuant to subsection (4) of this section, any volume cap that reverts to the office pursuant to this subsection (3). Any volume cap that is reallocated to a public entity pursuant to this subsection (3) that has not been used on bonds issued or a lease-purchase agreement entered into by noon, prevailing Denver time, on December 31 of a calendar year shall, at 12:01 p.m., prevailing Denver time, on December 31 of the calendar year, automatically revert to the governor's Colorado energy office. (4) The governor's Colorado energy office shall carry forward to the next calendar year any portion of the qualified energy conservation bond volume cap that has not been used on bonds issued or a lease-purchase agreement entered into by the end of a calendar year. In selecting projects for the purpose of allocating qualified energy conservation bond volume cap, the governor's Colorado energy office shall prioritize projects that are ready to be financed or refinanced and that are most consistent with the purpose of this article described in section 11-59.7-102 (1) (b). The governor's Colorado energy office shall allocate qualified energy conservation bond volume cap in a manner consistent with federal law and the purpose of this article described in section 11-59.7-102 (1) (b) and to minimize the qualified energy conservation bond volume cap that has not been used on bonds issued or a lease-purchase agreement entered into on or before the expiration of the qualified energy conservation bond program. The governor's Colorado energy office may allocate qualified energy conservation bond volume cap to the state pursuant to this section in anticipation of the enactment by the general assembly of legislation authorizing a lease-purchase agreement. The state, any large local government, or any other public entity to which qualified energy conservation bond volume cap has been allocated pursuant to this section may, at any time, relinquish the volume cap to the governor's Colorado energy office. Any volume cap relinquished may be reallocated by the governor's Colorado energy office to any public entity to finance or refinance a project approved by the office or may be carried forward to the next calendar year. The department of local affairs, in consultation with the governor's Colorado energy office, may promulgate rules in accordance with article 4 of title 24, C.R.S., regarding the manner in which the qualified energy conservation bond volume cap will be allocated. SECTION 3. The introductory portion to 11-59.7-111 (1), Colorado Revised Statutes, is amended to read: 11-59.7-111. Reporting requirements. (1) A public entity that issues or enters into a stimulus obligation authorized by the allocation or reallocation of volume cap to the public entity pursuant to section 11-59.7-106, 11-59.7-107, 11-59.7-108, or 11-59.7-109, by the public school capital construction assistance board, the governor's Colorado energy office, the commission on higher education, or the department of local affairs, as applicable, shall deliver a report to the entity that allocated or reallocated the volume cap within thirty days after the stimulus obligation is issued or entered into. The report shall include the following information and any other information requested by the entity that allocated or reallocated the volume cap: SECTION 4. 22-43.7-107 (2) (d), Colorado Revised Statutes, is amended to read: 22-43.7-107. Public school facility construction guidelines - establishment by board - use. (2) The public school facility construction guidelines shall identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations: (d) Building performance standards and guidelines, including but not limited to green building and energy efficiency criteria as specified in executive order D0012 07, "Greening of State Government: Detailed Implementation", issued by the governor on April 16, 2007, or any subsequent executive orders or other policy directives concerning green building and energy efficiency criteria issued by the governor or the governor's Colorado energy office; SECTION 5. 22-89-103 (1), Colorado Revised Statutes, is amended to read: 22-89-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Governor's "Colorado energy office" means the governor's Colorado energy office created in section 24-38.5-101, C.R.S. SECTION 6. 22-89-104 (1) and (2) (a), Colorado Revised Statutes, are amended to read: 22-89-104. Wind for schools grant program - created - applications. (1) There is hereby created the wind for schools grant program to fund wind for schools projects at qualified schools. A qualified school may, with the written authorization of the local board of education, apply to the governor's Colorado energy office, in accordance with procedures and deadlines adopted by the office, to receive moneys through the grant program. The office shall administer the grant program as provided in this article and pursuant to policies adopted by the office. (2) (a) The governor's Colorado energy office shall adopt policies specifying when a qualified school may request a grant and the procedure for making the request. SECTION 7. 22-89-105, Colorado Revised Statutes, is amended to read: 22-89-105. Wind for schools grant program - policies - awarding grants. (1) The governor's Colorado energy office shall adopt policies for the implementation of the wind for schools grant program. At a minimum, the policies shall specify the procedures for applying for a grant, the form of the grant application, the information to be provided by the applicant, and the criteria for awarding grants. (2) (a) The governor's Colorado energy office shall review each grant application received from a qualified school pursuant to section 22-89-104 and shall make a determination as to whether the grant should be awarded and, except as provided in paragraph (c) of this subsection (2), the amount of the grant. If the office determines an application is missing any information required by the office's policy to be included with the application, the office may contact the applicant to obtain the missing information. (b) In awarding grants pursuant to this article, the governor's Colorado energy office shall consider, at a minimum, whether a qualified school: (I) Would reduce its electricity costs by the implementation of a wind for schools project; and (II) Has a plan in place to incorporate the implementation of a wind for schools project into its educational curriculum. (c) A qualified school shall not receive an aggregate amount of grants pursuant to this article that exceeds five thousand dollars. (3) The governor's Colorado energy office shall use at least fifty thousand dollars for the implementation of this grant program from the existing resources of the office. The minimum funding requirement for the implementation of this grant program may be met in one or more fiscal years. The office shall not submit a request for an appropriation or a supplemental appropriation for this purpose. SECTION 8. 22-92-103 (3), Colorado Revised Statutes, is amended, and the said 22-92-103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 22-92-103. Definitions. As used in this article, unless the context otherwise requires: (1.5) "Colorado energy office" or "office" means the Colorado energy office created in section 24-38.5-101, C.R.S., or any successor office. (3) "Governor's energy office" or "office" means the governor's energy office created in section 24-38.5-101, C.R.S., or any successor office. SECTION 9. 22-92-104 (1), Colorado Revised Statutes, is amended to read: 22-92-104. Renewable energy and energy efficiency for schools loan program - created - applications - permissible uses of loans. (1) There is hereby created the renewable energy and energy efficiency for schools loan program to fund renewable energy projects and energy-efficient bus projects at qualified school districts. A qualified school district may, with the written authorization of the school district board of education, apply to the governor's Colorado energy office, in accordance with procedures and deadlines established by rules promulgated by the state board of education pursuant to section 22-92-105, to receive moneys through the loan program. The office shall administer the loan program as provided in this article and pursuant to the policies adopted by the office. SECTION 10. The introductory portion to 22-92-105 (1) and 22-92-105 (2), (3), and (4), Colorado Revised Statutes, are amended to read: 22-92-105. Renewable energy and energy efficiency for schools loan program - rules - awarding loans. (1) On or before October 15, 2009, the state board of education, in consultation with the governor's Colorado energy office, shall promulgate rules establishing policies and procedures for the administration of the renewable energy and energy efficiency for schools loan program. At a minimum, the rules shall include: (2) (a) The governor's Colorado energy office shall review each loan application received from a qualified school district pursuant to section 22-92-104 (1), evaluate the renewable energy project or energy-efficient bus project described therein, and make a recommendation to the state treasurer as to whether to award the loan and the amount of the loan. If the office determines an application is missing any information required by the office's policy to be included with the application, the office may contact the applicant to obtain the missing information. (b) In reviewing loan applications for renewable energy projects and energy-efficient bus projects pursuant to paragraph (a) of this subsection (2), the governor's Colorado energy office shall consider, at a minimum, whether a qualified school district would reduce its energy costs by the implementation of the renewable energy project or energy-efficient bus project that is the subject of each loan application. (3) The state treasurer is authorized to require each qualified school district that receives a loan from the loan program to pay to the governor's Colorado energy office a fee that reflects the direct and indirect costs incurred by the state treasurer in administering loans pursuant to section 22-92-107. If the state treasurer elects to impose a fee pursuant to this subsection (3), he or she shall notify the governor's Colorado energy office and the state board of education of the decision to impose the fee. A fee imposed pursuant to this subsection (3) may be imposed on a regularly scheduled basis to be determined by the state treasurer. A qualified school district that receives a loan from the loan program shall be required to pay the fee until the loan is repaid in full. (4) If the state treasurer elects to impose a fee as part of the loan application process pursuant to subsection (3) of this section, the governor's Colorado energy office shall forward all moneys received as fees to the state treasurer. SECTION 11. 22-92-107 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read: 22-92-107. Loans from public school fund authorized. (1) As authorized under the provisions of section 3 of article IX of the state constitution, the state treasurer may make loans to school districts to assist them in providing necessary buildings, land, and equipment, including renewable energy projects and energy-efficient bus projects as described in this article. Loans made pursuant to this article shall not be subject to the provisions of section 24-36-113, C.R.S., that require the state treasurer to secure the maximum rate of interest on investments of state moneys. The procedures for the making of loans shall be determined by the state treasurer subject to the following: (a) No loan shall be authorized for any renewable energy project or energy-efficient bus project that has not been evaluated by the governor's Colorado energy office pursuant to section 22-92-105 (2) (a). (b) No loan shall be authorized in an amount exceeding the amount recommended by the governor's Colorado energy office pursuant to section 22-92-105 (2) (a) unless the governor's Colorado energy office approves the change in the loan amount. SECTION 12. 23-31-313 (7) (b), Colorado Revised Statutes, is amended to read: 23-31-313. Healthy forests - vibrant communities - funds created. (7) Enhanced economic opportunities. In order to support local business development and job creation through the implementation of forest treatments, the forest service shall: (b) Work with the governor's Colorado energy office created in section 24-38.5-101, C.R.S., and the air quality control commission created in section 25-7-104, C.R.S., to support the appropriately increased use of woody biomass in bio-heating. SECTION 13. 23-41-114 (4) (b) (VI) (A), Colorado Revised Statutes, is amended to read: 23-41-114. Colorado energy research institute - creation. (4) The institute shall conduct: (b) The following specific research and educational programs designed to meet the information needs of the department of natural resources, other agencies of the state's executive branch, the legislature, and the public: (VI) (A) To provide grants through the governor's Colorado energy office created in section 24-38.5-101, C.R.S., for the development of a central resource for building trade professionals, including contractors, engineers, architects, and designers, for the purpose of increasing available tools and education to advance energy-efficient design and construction. SECTION 14. 24-33-114 (1) and (5), Colorado Revised Statutes, are amended to read: 24-33-114. Renewable resource generation development areas - inventory of resources - fund - definitions - repeal. (1) The governor's Colorado energy office or its designee shall identify renewable resource generation development areas on land owned, leased, or otherwise controlled by the division of parks and outdoor recreation in the department of natural resources, also referred to in this section as the "division", that have the potential to support the development of renewable resource generation projects. (5) Definitions. As used in this section, unless the context otherwise requires, "governor's "Colorado energy office" or "office" means the governor's Colorado energy office created in section 24-38.5-101, or any successor office created within the office of the governor for the purpose of promoting renewable energy. SECTION 15. The introductory portion to 24-33-115 (1), Colorado Revised Statutes, is amended to read: 24-33-115. Reenergize Colorado program - powers and duties of executive director - repeal. (1) In addition to all other powers and duties conferred upon the executive director by law, the executive director is hereby authorized and directed to work with the governor's Colorado energy office, the state board of land commissioners, public utilities, and other state and federal agencies as necessary to initiate the reenergize Colorado program. The purposes of the program are: SECTION 16. 24-38.5-101, Colorado Revised Statutes, is amended to read: 24-38.5-101. Colorado energy office - creation. (1) There is hereby created within the office of the governor the governor's Colorado energy office, the head of which shall be the director of the governor's Colorado energy office. The director of the office shall be assisted by a deputy director and a staff to fulfill the office's mission to lead Colorado to a new energy economy by advancing energy efficiency and renewable, clean energy resources to: (a) Promote economic development in Colorado through energy-market advances that create jobs; (b) Encourage Colorado-based clean and innovative energy solutions that include traditional and renewable energy sources in order to encourage a balanced energy portfolio; (c) Increase energy security; (d) Lower long-term consumer costs; and (e) Protect the environment. (2) Staff of the governor's energy office shall include but not be limited to Any regional representatives to help of the governor's energy office, as it existed prior to July 1, 2011, that helped engage municipalities, consumers, businesses, and others with the energy programs of the office The regional representatives shall expedite programs and serve as a local resource to communities throughout Colorado shall be combined with any regional or business development representatives employed by the Colorado office of economic development and shall be limited as specified in section 24-48.5-101 (5.5). The Colorado energy office shall be responsible for the salaries and other associated costs of three full-time equivalent employees combined with any regional or business development representatives employed by the Colorado office of economic development as specified in this subsection (2) and section 24-48.5-101 (5.5). (3) The director of the Colorado energy office shall reduce the number of full-time equivalent employees of the Colorado energy office, as such full-time equivalent employees existed prior to July 1, 2011, by twenty-five percent no later than the end of the 2011-12 state fiscal year, and by an additional fifteen percent no later than the end of the 2012-13 state fiscal year. SECTION 17. The introductory portion to 24-38.5-102 (1) and 24-38.5-102 (1) (a), (1) (e), (1) (o), and (2), Colorado Revised Statutes, are amended to read: 24-38.5-102. Colorado energy office - duties and powers. (1) The governor's Colorado energy office shall: (a) Work with communities, utilities, private and public organizations, and individuals to promote renewable energy, such as wind, solar, and geothermal, and energy efficiency technologies and to promote cleaner technologies by utilizing traditional, Colorado-sourced energy; (e) Advance innovative energy efficiency and renewable energy throughout the state as specified in section 24-75-1201; (o) Collaborate with the department of higher education to develop renewable energy curricula that will serve the work force needs of renewable energy industries. Such collaboration may include research institutions, state colleges, community colleges, and trade organizations in an effort to develop a means by which the state may address all facets of work force demands in the new energy economy developing a balanced energy portfolio. Institutions may also partner in the development of curricula with organizations that have existing curricula and training programs on renewable energy. For the purposes of this paragraph (o), "renewable energy" shall have the same meaning as set forth in section 40-1-102 (11), C.R.S. (2) The director of the governor's Colorado energy office shall serve as chairperson of the board of directors of the Colorado clean energy development authority as specified in article 9.7 of title 40, C.R.S. SECTION 18. 24-38.5-103 (2), Colorado Revised Statutes, is amended to read: 24-38.5-103. Electric vehicle grant fund - creation - administration. (2) The governor's Colorado energy office is authorized to seek and accept gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly. Any moneys in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. SECTION 19. 24-38.5-104 (2), Colorado Revised Statutes, is amended to read: 24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (2) If the governor, by executive order, appoints a committee to study the desirability of credentialing of solar installers, the committee, or the governor's Colorado energy office on the committee's behalf, is specifically authorized to submit a proposal for such credentialing to the department of regulatory agencies pursuant to section 24-34-104.1 (2). In addition, the committee may study and make recommendations concerning the scope-of-work provisions of section 40-2-128, C.R.S., specifically including enforcement of the supervision and worker ratio requirements of section 40-2-128 (1) (c) and (1) (d), C.R.S. SECTION 20. 24-38.5-105 (1) (a) and (1) (b), Colorado Revised Statutes, are amended to read: 24-38.5-105. Clean energy improvement debt reserve fund - authorization - use. (1) (a) The clean energy improvement debt reserve fund is hereby created in the state treasury. The principal of the fund shall consist of up to ten million dollars of legally available moneys from nonstate sources under the control of the governor's Colorado energy office, which the state treasurer shall promptly credit to the fund if instructed in writing to do so by the director of the governor's Colorado energy office, and any fees paid to the state treasurer in accordance with subparagraph (II) of paragraph (b) of this subsection (1). All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund, and all unexpended and unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund. The fund is hereby continuously appropriated to the state treasurer, who may expend moneys from the fund solely for the purposes of paying principal and interest on bonds issued by a local improvement district or other special district as specified in paragraph (c) of this subsection (1) and defraying any direct and indirect costs incurred by the state treasurer in executing duties required by this section. (b) (I) If the governor's Colorado energy office instructs the state treasurer to credit moneys from nonstate sources to the clean energy improvement debt reserve fund, with prior written authorization from the director of the governor's Colorado energy office and the state treasurer and after agreeing to pay fees to be credited to the fund to the state treasurer as specified in subparagraph (II) of this paragraph (b), a local improvement district or other special district that imposes special assessments on real property and issues bonds payable from the revenues generated by the special assessments to generate the moneys needed to pay the up-front costs of making renewable energy improvements or clean energy improvements as authorized by part 6 of article 20 of title 30, C.R.S., or any other provision of law may rely on the clean energy improvement debt reserve fund as a backup source of moneys that may be used, after the depletion of any district debt service reserve fund, for the payment of principal and interest owed to holders of the district's bonds. (II) A local improvement district or other district that issues bonds and that wishes to rely on the clean energy improvement debt reserve fund as a backup source of moneys for the payment of principal and interest owed to holders of the bonds shall enter into a written agreement with the governor's Colorado energy office to pay to the state treasurer for crediting to the fund such fees for the privilege of relying on the fund as the governor's Colorado energy office may require. Fees to be paid by a district as required by the governor's Colorado energy office shall be deemed to be a portion of the amount of the interest rate savings resulting from more favorable financing terms attributable to the reliance upon the fund. The governor's Colorado energy office may, in its discretion, require that fees be paid on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, in an amount equal to a number of basis points of the principal amount of the bonds outstanding as of each calculation date agreed upon by the office and the district. SECTION 21. 24-38.5-106 (2), Colorado Revised Statutes, is amended to read: 24-38.5-106. Financing of capital projects to make state government more energy efficient - lease-purchase agreements - legislative declaration - definition. (2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the governor's Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the governor's Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The governor's Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the governor's Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects. (b) Notwithstanding the provisions of paragraph (a) of this subsection (2), any projects on the prioritized list proposed by the governor's Colorado energy office and approved by the office of state planning and budgeting for buildings or facilities operated and maintained by the department of transportation shall be deemed to be finally approved and shall be included on the prioritized list submitted to the capital development committee for informational purposes only. SECTION 22. 24-38.7-102 (6), Colorado Revised Statutes, is amended to read: 24-38.7-102. Definitions. As used in this part 1, unless the context otherwise requires: (6) "Office" means the governor's Colorado energy office. SECTION 23. 24-38.7-103 (2) (b), Colorado Revised Statutes, is amended to read: 24-38.7-103. Colorado energy office - powers and duties - program - fund created. (2) (b) The program fund and the accounts of the program fund shall consist of such moneys as the general assembly may appropriate thereto from the clean energy innovation fund created in section 24-75-1201 (1) C.R.S., and any gifts, grants, or donations that may be made to the program fund. In accordance with section 24-36-113 (1) (a), which requires the state treasurer, in making investments, to use prudence and care to preserve the principal and to secure the maximum rate of interest consistent with safety and liquidity, if the general assembly chooses not to appropriate moneys to the program fund or to the accounts of the program fund, nothing in this article shall be deemed to require the state treasurer to credit any moneys to the program fund or the accounts of the program fund. All interest and income earned on the deposit and investment of moneys in the program fund and the accounts of the program fund shall be used for the loan buy-down account and the loan loss reserve account. Moneys in the loan buy-down account and loan loss reserve account of the program fund shall remain in the accounts and shall not be transferred to the general fund or any other fund at the end of any fiscal year. SECTION 24. 24-38.7-202 (3), Colorado Revised Statutes, is amended to read: 24-38.7-202. Definitions. As used in this part 2, unless the context otherwise requires: (3) "Office" means the governor's Colorado energy office. SECTION 25. 24-38.9-103 (2), Colorado Revised Statutes, is amended to read: 24-38.9-103. Green jobs Colorado advisory council - creation - appointments. (2) The council shall consist of seventeen members, seven of whom shall be appointed by the executive director of the department of labor and employment, who shall appoint at least one member from each of the following: A nonprofit organization, a community or junior college, a clean technology industry association, a business organization, an investor-owned utility, a rural electric association, and a labor organization. The members appointed by the executive director shall possess relevant experience related to green jobs or green job training. Four legislative members of the council shall be appointed as follows: One member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the president of the senate, one member shall be appointed by the minority leader of the house of representatives, and one member shall be appointed by the minority leader of the senate. The remaining six members shall be the director of the governor's Colorado energy office, the director of the Colorado office of economic development, the executive director of the department of human services, the executive director of the department of local affairs, the chair of the Colorado workforce development council or its successor, and the executive director of the department of labor and employment, or their respective designees. SECTION 26. 24-38.9-106, Colorado Revised Statutes, is amended to read: 24-38.9-106. Funding. The pilot program may be funded by the use of federal moneys received by the department of labor and employment for the purposes of the pilot program and by the use of moneys from the governor's Colorado energy office. SECTION 27. 24-47.5-103 (1), Colorado Revised Statutes, is amended to read: 24-47.5-103. Funding - appropriations contingent on receipt of federal grant moneys - repeal. (1) For the state fiscal year commencing on July 1, 2006, and in each of the state fiscal years commencing on July 1, 2007, and July 1, 2008, the general assembly shall appropriate two million dollars from the operational account of the severance tax trust fund as specified in section 39-29-109.3 (2) (g), C.R.S., to the governor's energy office created in section 24-38.5-101, as said office existed prior to July 1, 2011, for distribution to the authority for the purposes specified in section 24-47.5-102; except that, if grants of federal moneys equal to or exceeding the amount of state moneys appropriated pursuant to this article have not been received by June 30, 2012, the unexpended and unencumbered balance of said appropriation shall revert to the operational account of the severance tax trust fund. SECTION 28. 24-48.5-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 24-48.5-101. Colorado office of economic development - creation. (5.5) Staff of the Colorado office of economic development shall include but not be limited to regional or business development representatives to help engage municipalities, consumers, businesses, and others with the programs of the office and of the Colorado energy office. The regional or business development representatives shall expedite programs and serve as a local resource to communities throughout Colorado, but shall be limited to one representative for each of six distinct regions of the state. The regions shall be determined by the Colorado office of economic development in collaboration with the Colorado energy office. The Colorado energy office created in section 24-38.5-101 shall be responsible for the salaries and other associated costs of three full-time equivalent employees serving as regional or business development representatives pursuant to this subsection (5.5). SECTION 29. 24-75-1201, Colorado Revised Statutes, as 24-75-1201 (1) (a) was amended by Senate Bill 11-159, is amended to read: 24-75-1201. Energy innovation fund - creation - use of fund - definitions. (1) (a) The clean energy innovation fund is hereby created in the state treasury. The principal of the fund shall consist of moneys transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from moneys received by the governor's Colorado energy office pursuant to section 39-29-109.3 (2) (f), C.R.S., in accordance with section 40-8.7-112 (3) (g), C.R.S., moneys received pursuant to the federal "American Recovery and Reinvestment Act of 2009", Pub.L. 111-5, or any amendments thereto, or from revenue contracts, court settlement funds, supplemental environmental program funds, repayment or return of funds from eligible public depositories, and gifts, grants, and donations, and any other moneys received by the governor's Colorado energy office. Interest and income earned on the deposit and investment of moneys in the clean energy innovation fund shall be credited to the fund. Moneys in the fund at the end of any state fiscal year shall remain in the fund and shall not be credited to the state general fund or any other fund. (b) For purposes of this section part 12: (I) "governor's "Colorado energy office" means the governor's Colorado energy office created in section 24-38.5-101. (II) "Innovative energy" means an existing, new, or emerging technology that: (A) Enables the use of a local fuel source; (B) Establishes a more efficient or environmentally beneficial use of energy; or (C) Helps to create energy independence or energy security for the state. (2) (a) All moneys in the clean energy innovation fund are continuously shall be annually appropriated by the general assembly to the governor's Colorado energy office for the purposes of advancing innovative energy efficiency and renewable energy throughout the state. (b) The governor's Colorado energy office may expend moneys from the clean energy innovation fund: (I) To overcome market barriers facing emerging and cost-effective energy technologies; (II) To promote robust research, development, commercialization, and financing of innovative energy technologies; (III) To educate the general public on energy issues and opportunities; (I) (IV) To attract renewable innovative energy industry investment in the state; (II) (V) To assist in technology transfer into the marketplace for newly developed innovative energy efficiency and renewable energy technologies; (III) (VI) To provide market incentives for the purchase and distribution of innovative energy efficient and renewable energy products; (IV) (VII) To assist in the implementation of innovative energy efficiency projects throughout the state; (V) (VIII) To aid governmental agencies in innovative energy efficiency government initiatives; (VI) (IX) To facilitate widespread implementation of renewable innovative energy technologies; and (VII) (X) In any other manner that serves the purposes of advancing innovative energy efficiency and renewable energy throughout the state. (c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the clean energy innovation fund may also be used by the governor's Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this part 12. The governor's Colorado energy office shall consider the following information in determining whether to make a grant or loan: (A) The amount of the grant or loan; (B) The quantified impact on energy demand or amount of clean innovative energy production generated as a result of the grant or loan; (C) The potential economic impact of the grant or loan; and (D) The public benefits expected to result from the grant or loan. (II) The governor's Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102. SECTION 30. 24-103-207.5 (5) (a) (III), Colorado Revised Statutes, is amended to read: 24-103-207.5. Purchasing preference for environmentally preferable products - definitions. (5) (a) Any bidder that seeks to qualify for the preference created by subsection (2) of this section shall provide documentation to the governmental body inviting the bid that the products offered by the bidder are environmentally preferable. This requirement may be satisfied by submission of any of the following: (III) A reference to a nationally recognized third-party certification entity that has certified the product as environmentally preferable on the basis of a valid life-cycle analysis. The governor's Colorado energy office or successor office shall maintain a list of certification entities. SECTION 31. 25-16.5-105 (1) (m) (I), Colorado Revised Statutes, is amended to read: 25-16.5-105. Powers and duties of advisory board - repeal. (1) The advisory board shall have the following powers and duties: (m) (I) In accordance with the provisions of subparagraph (II) of this paragraph (m), to submit an annual report to the department of local affairs, the department, the governor's Colorado energy office created in section 24-38.5-101, C.R.S., and the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment. SECTION 32. 25-16.5-105.5 (2) (c) (III), Colorado Revised Statutes, is amended to read: 25-16.5-105.5. Pollution prevention advisory board assistance committee - appointments - membership - definitions. (2) (c) The members appointed to the committee shall include representatives of industry, nonprofit and community organizations, state agencies, and local governments in accordance with the following: (III) One member of the committee shall be a representative of the governor's Colorado energy office created in section 24-38.5-101, C.R.S. SECTION 33. 30-28-211 (2) (b) and (2) (c), Colorado Revised Statutes, are amended to read: 30-28-211. Energy efficient building codes - legislative declaration - definitions. (2) As used in this section, unless the context otherwise requires: (b) "Energy code" means, at a minimum, the 2003 international energy conservation code, or any successor edition, published by the international code council or any other code determined by the governor's Colorado energy office created in section 24-38.5-101, C.R.S., to be more appropriate for local conditions. (c) "Office" means the governor's Colorado energy office created in section 24-38.5-101, C.R.S. SECTION 34. 31-15-602 (2) (b) and (2) (c), Colorado Revised Statutes, are amended to read: 31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (2) As used in this section, unless the context otherwise requires: (b) "Energy code" means, at a minimum, the 2003 international energy conservation code, or any successor edition, published by the international code council or any other code determined by the governor's Colorado energy office created in section 24-38.5-101, C.R.S., to be more appropriate for local conditions. (c) "Office" means the governor's Colorado energy office created in section 24-38.5-101, C.R.S. SECTION 35. 32-20-104 (2) (a) (I) (A), Colorado Revised Statutes, is amended to read: 32-20-104. Colorado new energy improvement district - creation - board - meetings - quorum - expenses - records. (2) (a) The district shall be governed by a board of directors, which shall exercise the powers of the district, shall, by a majority vote of a quorum of its members, select from its membership a chair and a vice-chair, and shall be composed of nine members, including: (I) The following two ex officio members or their designees: (A) The director of the governor's Colorado energy office created in section 24-38.5-101 (1), C.R.S.; and SECTION 36. 34-63-105 (2), Colorado Revised Statutes, is amended to read: 34-63-105. Geothermal resource leasing fund. (2) After the executive director of the department of local affairs has allocated sufficient revenues from the fund to adequately address the needs specified in paragraph (a) of subsection (1) of this section, the executive director shall, in consultation with the governor's Colorado energy office created in section 24-38.5-101, C.R.S., allocate revenues from the fund by competitive grants for the promotion of the development of geothermal energy resources. SECTION 37. 36-1-147.5 (4), Colorado Revised Statutes, is amended to read: 36-1-147.5. Leasing arrangements for renewable energy resources development - legislative declaration - definitions - repeal. (4) The state board of land commissioners shall collaborate with the governor's Colorado energy office as created in section 24-38.5-101, C.R.S., to ensure that potential renewable energy resource developers are aware of any lands identified by the board as being suitable for development of renewable energy resources. SECTION 38. 38-35.7-106 (2), (3), (4), and (5), Colorado Revised Statutes, are amended to read: 38-35.7-106. Solar prewire option - solar consultation. (2) Every person that builds a new single-family detached residence for sale, whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the governor's Colorado energy office. (3) The governor's Colorado energy office shall maintain and update, as appropriate, a master list of Colorado solar installers and shall make the master list available, upon request, to any person that requests a copy. The governor's Colorado energy office may specify qualifications for businesses to be included in the master list and shall make the master list available on its official web site. (4) Providing the master list of solar installers prepared by the governor's Colorado energy office to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer. (5) The governor's Colorado energy office or its designees shall offer periodic training sessions on residential photovoltaic solar generation systems or solar thermal systems to persons that build new single-family detached residences. The governor's Colorado energy office may assess and collect from participants a registration fee, not to exceed the actual costs of providing such training. SECTION 39. 39-27-109.7, Colorado Revised Statutes, is amended to read: 39-27-109.7. Data collection services. In order to track the movement of gasoline or special fuel within this state and thereby facilitate and expedite the collection of excise taxes imposed pursuant to this part 1, the executive director of the department of revenue may enter into a contract with one or more private entities for the provision of a computer-based program to monitor and track the data that licensees are required to report to the department pursuant to this part 1. Such computer-based program shall be funded solely with moneys from the highway users tax fund; except that, for the state fiscal year 2009-10, up to thirty-seven thousand six hundred thirty dollars for the computer-based program to monitor and track exempt dyed diesel fuel that is blended with biodiesel fuel after withdrawal at a terminal rack or refinery rack pursuant to section 39-27-102.5 (2) (a) may be funded by moneys received by the governor's Colorado energy office created in section 24-38.5-101, C.R.S., from the United States department of energy. SECTION 40. 39-29-109.3 (2) (f) (V) (A) and (4) (c) (I) (A), Colorado Revised Statutes, are amended to read: 39-29-109.3. Operational account of the severance tax trust fund - repeal. (2) Subject to the requirements of subsections (3) and (4) of this section, if the general assembly chooses not to spend up to one hundred percent of the moneys in the operational account as specified in subsection (1) of this section, the state treasurer shall transfer the following: (f) For providing energy-related assistance to low-income households as specified in section 40-8.7-112, C.R.S.: (V) (A) For the state fiscal year commencing July 1, 2012, thirteen million dollars as follows: Twenty-five percent to the department of human services low-income energy assistance fund created in section 40-8.7-112 (1), C.R.S.; twenty-five percent to the energy outreach Colorado low-income energy assistance fund created in section 40-8.7-112 (2) (a), C.R.S.; and fifty percent to the governor's Colorado energy office low-income energy assistance fund created in section 40-8.7-112 (3) (a), C.R.S. (4) (c) (I) Except as provided in paragraph (b) of this subsection (4), the state treasurer shall make the transfers specified in paragraph (f) of subsection (2) of this section as follows: (A) The transfers to the governor's Colorado energy office low-income energy assistance fund shall be made on July 1; SECTION 41. 39-29-109.5 (1) (a), (1) (a.5), and (2) and the introductory portion to 39-29-109.5 (3), Colorado Revised Statutes, are amended to read: 39-29-109.5. Interest differential - public school energy efficiency fund - creation - uses - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Fund" means the public school energy efficiency fund created in subsection (2) of this section. "Colorado energy office" means the Colorado energy office created in section 24-38.5-101, C.R.S. (a.5) "Governor's energy office" means the governor's energy office as created in section 24-38.5-101, C.R.S. "Fund" means the public school energy efficiency fund created in subsection (2) of this section. (2) On December 1, 2007, and the first day of every third month thereafter up to and including September 1, 2010, the legislative council staff shall calculate the interest differential earned during the prior calendar quarter and notify the state treasurer of such amount. Upon receiving notice, the treasurer shall transfer an amount equal to the interest differential from the severance tax funds to the public school energy efficiency fund, which is hereby created in the state treasury; except that the total transfer to the fund for any state fiscal year shall not exceed one million five hundred thousand dollars. Moneys in the fund are hereby continuously appropriated to the governor's Colorado energy office for the purposes set forth in subsection (3) of this section. All income and interest derived from the deposit and investment of the moneys in the fund shall be credited to the fund. (3) The governor's Colorado energy office shall use moneys appropriated from the fund to establish and manage a program to improve energy efficiency in public schools. In administering the program, the office shall give consideration to whether a public school or school district is located in an area socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation under this article. The program shall include the following features: SECTION 42. 40-2-123 (2) (j), Colorado Revised Statutes, is amended to read: 40-2-123. New energy technologies - consideration by commission - incentives - demonstration projects - definitions - legislative declaration - repeal. (2) (j) In order to reduce the cost to Colorado consumers of an IGCC project, the department of public health and environment, the governor's office of economic development, and the governor's Colorado energy office may provide public utilities with reasonable assistance in seeking and obtaining financial and other support and sponsorship for a project from the United States congress, the United States department of energy, and other appropriate federal and state agencies and institutions. To obtain this assistance, the utility may provide to these state agencies copies of its IGCC project proposal. The governor's Colorado energy office shall manage and distribute to the utility some or all of any funds provided by the state of Colorado or by the United States government to the state of Colorado for purposes of study or development of an IGCC project. SECTION 43. 40-4-118 (2) (a) (I) and (5), Colorado Revised Statutes, are amended to read: 40-4-118. Colorado smart grid task force - fund - definition - reports - repeal. (2) Membership. (a) The task force consists of eleven members as follows: (I) The director of the governor's Colorado energy office, created in section 24-38.5-101, C.R.S., or his or her designee, who shall convene the task force and who is authorized to contract with a mediator or other third party to facilitate accomplishment of the task force's duties; (5) Funding. (a) The governor's Colorado energy office may accept private gifts, grants, and donations for the purpose of providing support to the task force to perform its responsibilities specified in this section. Any such gifts, grants, and donations shall be held in a separate account within the clean energy innovation fund created in section 24-75-1201, C.R.S., and shall be available to the office and the task force only for the purpose of carrying out the task force's duties under this section. The account shall also consist of moneys appropriated and transferred to the account. Any unexpended or unencumbered moneys remaining in the account as of January 1, 2015, shall revert to the clean energy innovation fund to be used by the governor's Colorado energy office. (b) It is the intent of the general assembly that the governor's Colorado energy office not be required to solicit gifts, grants, or donations from any source for the purposes of this section and that no general fund moneys be used to pay for grants awarded pursuant to this section or for any expenses of the task force. (c) If, by June 1, 2010, moneys in the fund account created pursuant to paragraph (a) of this subsection (5) have not reached an amount sufficient to pay the expenses of the task force, the task force shall not meet nor undertake any other duties pursuant to this section, and the governor's Colorado energy office shall return to each grantor or donor an amount equal to such grantor's or donor's contribution. The interest, if any, earned from the investment of moneys in the account shall be transferred to the general fund. SECTION 44. 40-6-108 (2) (b), Colorado Revised Statutes, is repealed as follows: 40-6-108. Complaints - service - notice of hearing. (2) (b) Any public utility giving notice of a proposed gas or electric tariff shall serve such notice upon the governor's energy office or its successor agency. The office shall be granted leave to intervene as a matter of right, upon a timely filing of a petition or other pleading in accordance with this section, in adjudicatory matters affecting gas or electric utilities; except that the office shall not be a party to any individual complaint between a utility and an individual. SECTION 45. 40-8.5-103.5 (4) (b), Colorado Revised Statutes, is amended to read: 40-8.5-103.5. Commission created - duties. (4) (b) The commission may seek and receive public and private funding to assist in the conduct of the assessment and review required by paragraph (a) of this subsection (4), including but not limited to assistance from the existing resources of the department of human services created in section 24-1-120, C.R.S., the governor's Colorado energy office created in section 24-38.5-101, C.R.S., and energy outreach Colorado, a Colorado nonprofit corporation, as described in section 40-8.7-103 (4). SECTION 46. 40-8.7-110 (1.5), Colorado Revised Statutes, is amended to read: 40-8.7-110. Reports. (1.5) To the extent applicable, the organization shall include in the report the information required by paragraphs (b) and (c) of subsection (1) of this section for moneys received from the governor's Colorado energy office pursuant to section 40-8.7-112 (2) (a). SECTION 47. 40-8.7-112 (2) and (3) (a), the introductory portions to 40-8.7-112 (3) (b) and (3) (d), 40-8.7-112 (3) (e), the introductory portion to 40-8.7-112 (3) (f), and 40-8.7-112 (3) (g) and (4) (d), Colorado Revised Statutes, are amended, and the said 40-8.7-112 (4) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 40-8.7-112. Department of human services low-income energy assistance fund - creation - energy outreach Colorado low-income energy assistance fund - creation - Colorado energy office low-income energy assistance fund - creation - definitions. (2) (a) There is hereby created in the state treasury the energy outreach Colorado low-income energy assistance fund, which shall be administered by the governor's Colorado energy office and shall consist of all moneys transferred by the state treasurer as specified in section 39-29-109.3 (2) (f), C.R.S. All moneys in the fund are continuously appropriated to the governor's Colorado energy office for distribution to the organization to be used for the purposes set forth in this subsection (2). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund. (b) The organization shall use moneys it receives from the governor's Colorado energy office pursuant to paragraph (a) of this subsection (2) to provide direct bill payment assistance to low-income households when the department of human services is not accepting client applications for the program specified in section 26-1-109, C.R.S. Bill payments shall be paid to each utility as vendor payments. The organization may use up to five percent of the moneys for administration of the direct bill payment assistance in accordance with generally accepted accounting principles. (c) The organization shall hold and administer all moneys it receives from the governor's Colorado energy office pursuant to paragraph (a) of this subsection (2) in a separately identifiable account, the use of which shall be restricted to the purposes set forth in paragraph (b) of this subsection (2). The organization shall maintain its books and records pertaining to any moneys received from the governor's Colorado energy office in accordance with generally accepted accounting principles. If the organization commingles the moneys with other assets of the organization for investment purposes, the organization shall maintain accurate accounts of the investment moneys and shall credit or charge a pro rata portion of all investment earnings, gains, or losses to the account that holds the moneys received from the governor's Colorado energy office pursuant to paragraph (a) of this subsection (2). (d) The organization shall develop an annual budget for the direct bill payment assistance program to determine the allocation of the moneys received from the governor's Colorado energy office pursuant to paragraph (a) of this subsection (2). (e) The organization shall include information related to any moneys received from the governor's Colorado energy office pursuant to paragraph (a) of this subsection (2) in the report it prepares pursuant to section 40-8.7-110. (3) (a) There is hereby created in the state treasury the governor's Colorado energy office low-income energy assistance fund, which shall be administered by the governor's Colorado energy office and shall consist of all moneys transferred by the treasurer as specified in section 39-29-109.3 (2) (f), C.R.S. All moneys in the fund are continuously appropriated to the governor's Colorado energy office to be used for the purposes set forth in this subsection (3). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund. (b) The governor's Colorado energy office shall use moneys it receives pursuant to paragraph (a) of this subsection (3) for a program to provide home energy efficiency improvements for low-income households, which shall include any of the following services: (d) In carrying out the program to improve the home energy efficiency of low-income households, the governor's Colorado energy office shall: (e) The governor's Colorado energy office may use up to five percent of the moneys transferred pursuant to paragraph (a) of this subsection (3) for planning, overseeing, and evaluating the program to improve the home energy efficiency of low-income households. The governor's Colorado energy office shall not hire additional state employees using these moneys to implement the program but may contract with nonprofit organizations, for-profit organizations, and governmental entities as is necessary to carry out the program. (f) For any fiscal year in which moneys are expended as part of the program to improve the home energy efficiency of low-income households, the governor's Colorado energy office shall prepare and submit to the general assembly an annual report that specifies: (g) If the governor's energy office, as it existed prior to July 1, 2011, cannot use all of the moneys it receives for the state fiscal year commencing July 1, 2008, pursuant to paragraph (a) of this subsection (3) for the program described in paragraph (b) of this subsection (3), at the end of the fiscal year the state treasurer shall transfer the moneys that the governor's energy office cannot use to the clean energy fund created in section 24-75-1201 (1), C.R.S., as said fund existed prior to July 1, 2011. (4) For purposes of this section, unless the context otherwise requires: (a.5) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101, C.R.S. (d) "Governor's energy office" means the governor's energy office created in section 24-38.5-101, C.R.S. SECTION 48. 40-9.7-103 (8.5), Colorado Revised Statutes, is amended, and the said 40-9.7-103 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 40-9.7-103. Definitions. As used in this article, unless the context otherwise requires: (5.1) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101, C.R.S. (8.5) "Governor's energy office" means the governor's energy office as created in section 24-38.5-101, C.R.S. SECTION 49. 40-9.7-104 (2) (a) (IV), Colorado Revised Statutes, is amended to read: 40-9.7-104. Colorado clean energy development authority - creation - board membership. (2) The authority shall be governed by a board of directors, which shall exercise the powers of the authority and shall be composed of nine members, including: (a) The following four ex officio members of the executive branch of state government or their designees: (IV) The director of the governor's Colorado energy office, who shall serve as the chairperson of the board. SECTION 50. 42-1-303 (1), Colorado Revised Statutes, is amended to read: 42-1-303. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Governor's "Colorado energy office" or "office" means the governor's Colorado energy office created in section 24-38.5-101, C.R.S. SECTION 51. The introductory portion to 42-1-304 (1), Colorado Revised Statutes, is amended to read: 42-1-304. Green truck grant program - created. (1) There is hereby created in the governor's Colorado energy office the green truck grant program to provide grants to qualified recipients for reductions in truck emissions and energy usage by: SECTION 52. 42-3-228, Colorado Revised Statutes, is repealed. SECTION 53. Appropriation. The general assembly anticipates that, for the fiscal year beginning July 1, 2011, the governor - lieutenant governor - state planning and budgeting, economic development programs division, for global business development, will receive the sum of two hundred thirty-seven thousand one hundred sixty-four dollars ($237,164) in federal funds and 3.0 FTE for the implementation of this act. Although these funds are not appropriated in this act, they are noted for the purpose of indicating the assumptions used relative to these funds. SECTION 54. Effective date. This act shall take effect July 1, 2011. SECTION 55. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.