NOTE: The governor signed this measure on 5/1/2015.
      
      
      SENATE BILL 15-046
      
      
      BY SENATOR(S) Grantham, Aguilar, Baumgardner, Carroll, Cooke,
      Crowder, Donovan, Garcia, Guzman, Heath, Hodge, Jahn, Johnston,
      Kefalas, Lambert, Lundberg, Marble, Martinez Humenik, Merrifield,
      Newell, Roberts, Scheffel, Scott, Sonnenberg, Todd, Ulibarri, Woods,
      Cadman;
      also REPRESENTATIVE(S) Moreno, Arndt, Becker J., Becker K., Brown,
      Conti, Coram, Duran, Esgar, Garnett, Ginal, Hamner, Klingenschmitt,
      Lebsock, Lee, Lontine, Melton, Mitsch Bush, Pabon, Pettersen, Priola,
      Ransom, Saine, Salazar, Tate, Thurlow, Willett, Williams, Wilson,
      Windholz, Winter, Young, Hullinghorst.
      
      
      Concerning reducing the cost of attainment of renewable energy
           standards by electric utilities that are not
           investor-owned, and, in connection therewith, allowing
           purchases of electricity from community solar gardens by
           cooperative electric associations to qualify as retail
           distributed generation.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-2-124, amend (1)
      (c) (II) (A); and add (1) (c) (II) (A.5) 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:
      
           (c)  Electric resource standards:
      
           (II) (A)  Of the amounts of distributed generation in
      sub-subparagraphs (C), (D), and (E) of subparagraph (I), sub-subparagraph
      (D) of subparagraph (V), and subparagraph (V.5) of this paragraph (c), at
      least one-half must be derived from retail distributed generation; except
      that this sub-subparagraph (A) does not apply to a qualifying retail utility
      that is a municipal utility.
      
           (A.5)  Notwithstanding sub-subparagraph (A) of this
      subparagraph (II), a qualifying retail utility that is a cooperative
      electric association may subtract industrial retail sales from
      total retail sales in calculating its minimum retail distributed
      generation requirement.
      
           SECTION 2.  In Colorado Revised Statutes, 40-2-127, add (2) (b)
      (I) (C) as follows:
      
           40-2-127.  Community energy funds - community solar gardens
      - definitions - rules - legislative declaration. (2)  Definitions. As used in
      this section, unless the context otherwise requires:
      
           (b)  In addition:
      
           (I) (C)  Notwithstanding any provision of this section or
      section 40-2-124 to the contrary, a community solar garden
      constitutes retail distributed generation for purposes of a
      cooperative electric association's compliance with the applicable
      renewable energy standard under section 40-2-124.
      
           SECTION 3.  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
      5, 2015, if adjournment sine die is on May 6, 2015); 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 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ____________________________  ____________________________
      Bill L. Cadman                Dickey Lee Hullinghorst
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO