Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 16-0646.01 Nicole Myers x4326 HOUSE BILL 16-1207 HOUSE SPONSORSHIP Rosenthal, SENATE SPONSORSHIP (None), House Committees Senate Committees Finance A BILL FOR AN ACT Concerning a requirement that the public employees' retirement association invest a certain percentage of moneys in renewable energy companies. 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.) Beginning January 1, 2017, and in each calendar year thereafter, the public employees' retirement association (association) is required to ensure that, of the moneys that are not already invested by the association and that the association will invest during the applicable calendar year, at least one percent of such moneys are invested in renewable energy companies. If the association is unable to invest one percent of such moneys in renewable energy companies in any calendar year, the association is required to explain why it was unable to satisfy the requirement in the comprehensive annual financial report prepared by the association. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 24-51-206, add (4) as follows: 24-51-206. Investments - definitions. (4) (a) Notwithstanding the provisions of subsection (1) of this section, in the calendar year beginning January 1, 2017, and in each calendar year thereafter, the association shall ensure that, of the moneys that are not already invested by the association and that the association will invest during the applicable calendar year, at least one percent of such moneys are invested in renewable energy companies. If, in any calendar year, the association is unable to invest one percent of moneys in renewable energy companies in the manner specified in this paragraph (a), the association shall include an explanation of the reasons that it was unable to satisfy such requirement in the comprehensive annual financial report prepared by the association for the applicable calendar year. (b) As used in this subsection (4), unless the context otherwise requires: (I) "Renewable energy" means any eligible energy resources pursuant to section 40-2-124 (1) (a), C.R.S. (II) "Renewable energy company" means an entity that satisfies all investment criteria and requirements for investments by the association and that either produces renewable energy in an amount that is equal to or that exceeds sixty percent of the total energy produced by the entity on an annual basis or that has the primary purpose of manufacturing equipment or a product or providing a service that makes the production of renewable energy possible. 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 10, 2016, if adjournment sine die is on May 11, 2016); 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.