Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0948.01 Jennifer Berman x3286SENATE BILL 12-178
                   SENATE SPONSORSHIP
 Giron,
 
                    HOUSE SPONSORSHIP
 Swerdfeger,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the removal of enhanced credits for purchase of
            in-state eligible energy resources from the renewable
            energy standard.
       
       
                           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 removes from the renewable energy standard in-state
       preferences with respect to:
                 Wholesale distributed generation;
                 The one and one-quarter kilowatt-hour multiplier for each
                 kilowatt-hour of electricity generated from eligible energy
                 resources other than retail distributed generation;
                 The one and one-half kilowatt-hour multiplier for
                 community-based projects; and
                 Policies to provide incentives to qualifying retail utilities to
                 invest in eligible energy resources.
       
       
       
       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) (VI), (1) (c) (III), (1) (c) (VI) introductory
       portion, and (1) (f) introductory portion 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 is provided to 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 are not eligible
       energy resources. For purposes of this section:
            (VI)  "Wholesale distributed generation" means a renewable
       energy resource in Colorado with a nameplate rating of thirty megawatts
       or less and that does not qualify as retail distributed generation.
            (c)  Electric resource standards:
            (III)  Each kilowatt-hour of electricity generated from eligible
       energy resources, in Colorado, other than retail distributed generation
       shall be counted and eligible energy resources beginning
       operation on or after January 1, 2015, counts as one and
       one-quarter kilowatt-hours for the purposes of compliance with this
       standard.
            (VI)  Each kilowatt-hour of electricity generated from eligible
       energy resources at a community-based project shall be counted as one
       and one-half kilowatt-hours. For purposes of this subparagraph (VI),
       "community-based project" means a project: located in Colorado:
            (f)  Policies for the recovery of costs incurred with respect to these
       standards for qualifying retail utilities that are subject to rate regulation
       by the commission. These policies shall must provide incentives to
       qualifying retail utilities to invest in eligible energy resources. in the state
       of Colorado. Such The policies shall must include:
            SECTION 2.  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.