HOUSE
                       3rd Reading Unamended
       February 28, 2012       HOUSE
       Amended 2nd Reading
                     February 27, 2012Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 12-0184.01 Chuck Brackney x2295 HOUSE BILL 12-1160
                    HOUSE SPONSORSHIP
 Baumgardner, 
 
                   SENATE SPONSORSHIP
 Schwartz, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Agriculture, Livestock, & Natural Resources
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning methane gas captured from active and inactive
            coal mines.
       
       
                           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 adds methane gas captured from active and inactive coal
       mines to the definition of "biomass" for purposes of the renewable energy
       standard.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 40-2-124, amend (1)
       introductory portion, (1) (a) introductory portion, and (1) (a) (I) (C); and
       add (1) (a) (I.5) as follows:
            40-2-124.  Renewable energy standard - definitions - net
       metering - legislative declaration. (1)  Each provider of retail electric
       service in the state of Colorado, other than municipally owned utilities
       that serve forty thousand customers or fewer, shall be considered is a
       qualifying retail utility. Each qualifying retail utility, with the exception
       of cooperative electric associations that have voted to exempt themselves
       from commission jurisdiction pursuant to section 40-9.5-104 and
       municipally owned utilities, shall be is subject to the rules established
       under this article by the commission. No additional regulatory authority
       of the commission other than that specifically contained in this section is
       provided or implied. In accordance with article 4 of title 24, C.R.S., the
       commission shall revise or clarify existing rules to establish the
       following:
            (a)  Definitions of eligible energy resources that can be used to
       meet the standards. "Eligible energy resources" means recycled energy
       and renewable energy resources. The commission shall determine,
       following an evidentiary hearing, the extent to which such electric
       generation technologies utilized in an optional pricing program may be
       used to comply with this standard. A fuel cell using hydrogen derived
       from an eligible energy resource is also an eligible electric generation
       technology. Fossil and nuclear fuels and their derivatives, except for
       coal mine methane gas, are not eligible energy resources. For purposes
       of this section:
            (I)  "Biomass" means:
            (C)  Methane produced at landfills or as a by-product of the
       treatment of wastewater residuals or captured from active or
       inactive coal mines.
            (I.5)  "Coal mine methane gas" means the greenhouse gas
       methane captured from active and inactive coal mines, where it
       is determined that the methane is escaping to the atmosphere
       and under these circumstances for the purposes of this
       paragraph (a) is an eligible energy resource.
            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
       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.