Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0544.01 Duane Gall x4335     HOUSE BILL 14-1138
                    HOUSE SPONSORSHIP
 Humphrey and Saine,  Priola, Buck, Coram, Joshi, Lawrence
 
                   SENATE SPONSORSHIP
 Tochtrop,  Grantham, Rivera, Herpin, Marble
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation & Energy
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the expansion of the types of hydroelectricity
            among the eligible energy resources under Colorado's
            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 amends the definition of "renewable energy resources"that
       can be used to meet the state's renewable energy standard to include
       hydroelectricity and pumped hydroelectricity.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 40-2-124, amend (1)
       (a) (VII); and add (1) (a) (IV.5) and (1) (a) (IV.7) as follows:
            40-2-124.  Renewable energy standards - qualifying retail and
       wholesale utilities - 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, 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, is subject to the rules established under
       this article by the commission. No additional regulatory authority is
       provided to the commission other than that specifically contained in this
       section. 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. In addition, resources using coal mine
       methane and synthetic gas produced by pyrolysis of municipal solid waste
       are eligible energy resources if the commission determines that the
       electricity generated by those resources is greenhouse gas neutral. 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:
            (IV.5)   "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.
            (IV.7)  "Pumped hydroelectricity" means hydroelectricity
       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.
            (VII)  "Renewable energy resources" means solar, wind,
       geothermal, biomass, new hydroelectricity with a nameplate rating of ten
       megawatts or less, and hydroelectricity in existence on January 1, 2005,
       with a nameplate rating of thirty megawatts or less pumped
       hydroelectricity, and hydroelectricity.
            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
       6, 2014, if adjournment sine die is on May 7, 2014); 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 2014 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.