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 11-1083
      
      
      BY REPRESENTATIVE(S) Swerdfeger, Brown, Coram, Gardner B., Joshi,
      Liston, Looper, Massey, Ramirez, Sonnenberg, Soper, Szabo, Acree,
      Barker, Baumgardner, Becker, Casso, Conti, Duran, Ferrandino, Fields,
      Fischer, Kerr J., Labuda, Murray, Nikkel, Pace, Priola, Scott, Stephens,
      Summers, Todd, Vigil, Wilson, McNulty, Beezley, DelGrosso, Holbert,
      Hullinghorst, Lee, Peniston, Schafer S., Vaad;
      also SENATOR(S) Giron and Grantham, Aguilar, Bacon, Boyd, Brophy,
      Guzman, Harvey, Heath, Jahn, King K., King S., Mitchell, Morse, Newell,
      Nicholson, Renfroe, Roberts, Scheffel, Schwartz, Shaffer B., Spence,
      Steadman, Tochtrop, White, Williams S.
      
      
      Concerning the consideration of new hydroelectricity projects,
           and, in connection therewith, allowing the public utilities
           commission to consider hydroelectricity and pumped
           hydroelectricity for the generation of electricity.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  40-2-123 (3.2), 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 - definitions -
      legislative declaration - repeal.  (3.2)  In its consideration of generation
      acquisitions for electric utilities, the commission may give the fullest
      possible consideration, at a utility's request, to the cost-effective
      implementation of new energy technologies for the generation of electricity
      from:
      
           (c)  Hydroelectricity and pumped hydroelectricity, taking
      into account the associated costs and benefits.  For purposes of
      this paragraph (c):
      
           (I)  "Hydroelectricity" means the generation and delivery
      to the interconnection meter of any source of electrical or
      mechanical energy by harnessing the kinetic energy of water that
      is:
      
           (A)  A new facility that is an addition to water
      infrastructure such as a reservoir, ditch, or pipeline that existed
      before January 1, 2011, and does not result in any change in the
      quantity or timing of diversions or releases for purposes of peak
      power generation; or
      
           (B)  A new facility that is placed into production as part of
      new water infrastructure such as a reservoir, ditch, or pipeline
      constructed on or after January 1, 2011, and operated for primary
      beneficial uses of water other than solely for production of
      electricity.
      
           (II)  "Pumped hydroelectricity" means electricity that is
      generated during periods of high electrical demand from water
      that has been pumped during periods of low electrical demand
      from a lower-elevation reservoir to a higher-elevation reservoir
      taking into account the potential benefits or impacts of the
      proposed facility on fishery health.
      
           SECTION 2.  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 (August
      10, 2011, if adjournment sine die is on May 11, 2011); 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 2012
      and shall take effect on the date of the official declaration of the vote
      thereon by the governor.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO