NOTE: The governor signed this measure on 5/3/2012.
      
      
      HOUSE BILL 12-1258
      
      
      BY REPRESENTATIVE(S) DelGrosso, Ferrandino, Fischer, Hamner,
      Jones, Kagan, Kerr A., Kerr J., Labuda, Lee, Levy, McCann, Pace,
      Schafer S., Scott, Singer, Solano, Todd, Vigil, Williams A., Wilson, Young;
      also SENATOR(S) Jahn, Carroll, Giron, Hodge, Newell, Schwartz, Spence,
      Steadman, Williams S.
      
      
      Concerning regulation of public utilities in terms of alternative
           fuel vehicles.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-1-102, amend (1);
      and add (1.5) as follows:
      
           40-1-102.  Definitions. As used in articles 1 to 7 of this title, unless
      the context otherwise requires:
      
           (1)  "Commission" means the public utilities commission of the state
      of Colorado "Alternative fuel vehicle" means any automobile,
      truck, motor bus, boat, airplane, train, tractor, or other type of
      motorized off-highway equipment or other self-propelled device
      or vessel that is capable of moving itself or being moved from
      place to place utilizing, in whole or in part, liquefied petroleum
      gas, natural gas, electricity, or a combination of natural gas and
      electricity as transportation fuel, whether or not the vehicle is
      used in agricultural, commercial, domestic, or industrial
      operations.
      
           (1.5)  "Commission" means the public utilities commission of
      the state of Colorado.
      
           SECTION 2.  In Colorado Revised Statutes, 40-1-103, repeal (4)
      as follows:
      
           40-1-103.  Public utility defined. (4)  For the purposes of articles
      1 to 7 of this title, persons selling compressed natural gas or its component
      parts or by-products to governmental entities or to the public for use as fuel
      in alternative fuel vehicles shall not be considered to be public utilities. As
      used in this subsection (4), "alternative fuel vehicle" means any automobile,
      truck, motor bus, or other self-propelled device or vessel which is capable
      of moving itself or being moved from place to place, whether or not it is
      used in agricultural, commercial, domestic, or industrial operations.
      
           SECTION 3.  In Colorado Revised Statutes, add 40-1-103.3 as
      follows:
      
           40-1-103.3.  Alternative fuel vehicles - definition. (1)  As used in
      this section, "property or premises", with respect to an electric,
      natural gas, or liquefied petroleum gas extension or connection
      of service, includes alternative fuel vehicle charging and fueling
      facilities in addition to buildings and other improvements.
      
           (2)  For the purposes of articles 1 to 7 of this title, persons
      generating electricity for use in alternative fuel vehicle
      charging or fueling facilities as authorized by subsection (4) of
      this section, persons reselling electricity supplied by a public
      utility, or persons reselling compressed or liquefied natural gas,
      liquefied petroleum gas, or any component parts or by-products
      to governmental entities or to the public for use as fuel in
      alternative fuel vehicles or buying electricity stored in such
      vehicles for resale are not subject to regulation as a public 
      utility. Electric and natural gas public utilities may provide the
      services described in this subsection (2) as unregulated services,
      and these unregulated services may not be subsidized by the
      regulated services of the electric or natural gas public utility.
      
           (3)  Owners or operators of property or premises containing
      an alternative fuel vehicle charging or fueling facility, or the
      owners or operators of the facility, shall purchase the
      electricity required for the facility from a public utility with the
      right to sell electricity to the property, premises, or facility
      except when the owners or operators of the property, premises, or
      facility generate electricity on the property or premises for use
      in alternative fuel vehicles as authorized by subsection (4) of this
      section.
      
           (4)  The owner or operator of a facility that generates
      electricity for use in alternative fuel vehicle charging or fueling
      facilities is not subject to regulation as a public utility, if:
      
           (a)  The electricity is generated on the property or premises
      where the charging or fueling facilities are located; and
      
           (b)  The electricity is generated from a renewable resource
      that:
      
           (I)  Qualifies as "retail distributed generation" as defined in
      section 40-2-124 (1) (a) (V), if located on the system of an entity
      subject to the requirements of section 40-2-124. The electric power
      requirements for the property pursuant to section 40-2-124 (1)
      include the demand for existing or proposed alternative fuel
      vehicle charging or fueling facilities in addition to buildings and
      other improvements.
      
           (II)  Complies with section 40-9.5-118, if located on the
      system of a cooperative electric association; or
      
           (III)  Complies with section 40-2-124 (7), if located on the
      system of a municipally owned utility.
      
           (5)  Sale of electricity or natural gas by a public utility to
      the owner or operator of an alternative fuel vehicle charging or
      fueling facility is a retail transaction.
      
           (6)  The regulated expenditures and investments made by a
      public utility to accommodate alternative fuel vehicle charging
      and fueling facilities are equal in priority to all other
      infrastructure necessary to serve any customer of the public
      utility in its service territory, but are subordinate to the safety
      and reliability obligations of the utility.
      
           SECTION 4.  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
      8, 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.
      
      
      
      
      ________________________________________________________
      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