Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0201.01 Thomas Morris x4218 HOUSE BILL 12-1102 HOUSE SPONSORSHIP Swalm, Balmer, Holbert, Soper SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning a cap on increases in electrical utility rates arising from implementation of the "Clean Air - Clean Jobs Act". 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.) House Bill 10-1365 created the "Clean Air - Clean Jobs Act" (act), which directs rate-regulated electric utilities (utilities) to create plans to achieve reduced emissions from coal-fired power plants (plans). The act specifies the extent to which costs in implementing plans are recoverable by utilities. This bill directs the public utilities commission to establish a maximum retail rate impact of 1% of the annual total base rate electric bill for each customer, beginning in 2013 and ending in 2023. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-3.2-207, add (7) as follows: 40-3.2-207. Cost recovery - legislative declaration - repeal. (7) (a) Notwithstanding any provision of this section pertaining to cost recovery, the commission shall establish a maximum retail rate impact for this section of one percent of the annual total base rate electric bill for each customer, beginning in 2013 and ending in 2023. (b) This subsection (7) is repealed, effective July 1, 2024. SECTION 2. Act subject to petition - effective date. This act takes 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 7, 2012, if adjournment sine die is on May 9, 2012); 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 will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.