NOTE: The governor signed this measure on 5/19/2015.
      
      
      HOUSE BILL 15-1377
      
      
      BY REPRESENTATIVE(S) Moreno and Becker J., Esgar, Lontine,
      Mitsch Bush, Pettersen, Salazar, Young;
      also SENATOR(S) Grantham and Donovan, Aguilar, Carroll, Crowder,
      Garcia, Guzman, Heath, Hodge, Johnston, Jones, Kefalas, Kerr, Lambert,
      Martinez Humenik, Merrifield, Newell, Roberts, Sonnenberg, Todd.
      
      
      Concerning the ability of cooperative electric associations to
           obtain renewable energy credits through the operation of
           shared retail distributed generation facilities.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 40-2-124, add (1) (c)
      (II) (D) 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) (D)  For purposes of a cooperative electric association's
      compliance with the retail distributed generation requirement
      set forth in sub-subparagraph (A) of this subparagraph (II), an
      electric generation facility constitutes retail distributed
      generation if it uses only renewable energy resources; has a
      nameplate rating of two megawatts or less; is located within the
      service territory of a cooperative electric association;
      generates electricity for the beneficial use of subscribers who
      are members of the cooperative electric association in the service
      territory in which the facility is located; and has at least four
      subscribers if the facility has a nameplate rating of fifty
      kilowatts or less and at least ten subscribers if the facility has
      a nameplate rating of more than fifty kilowatts. A subscriber's
      share of the production from the facility may not exceed one
      hundred twenty percent of the subscriber's average annual
      consumption. Each cooperative electric association may
      establish, in the manner it deems appropriate, the: Subscriber;
      subscription; pricing, including consideration of low-income
      members; metering; accounting; renewable energy credit
      ownership; and other requirements and terms associated with
      electric generation facilities described in this sub-subparagraph
      (D).
      
           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
      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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      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