SB 182

SENATE BILL 26-182
BY SENATOR(S) Snyder and Simpson, Carson, Frizell, Kirkmeyer, Liston,
Pelton B., Pelton R., Coleman;
also REPRESENTATIVE(S) Caldwell and Paschal, Barron, Bradfield,
Clifford, Duran, English, Flanell, Gonzalez R., Keltie, Marshall, Slaugh,
Weinberg, Winter T.
CONCERNING AN UPDATED CLEAN ENERGY PLAN FROM A MUNICIPALLY
     OWNED UTILITY.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. In Colorado Revised Statutes, 25-7-105, amend (1)
introductory portion and ( 1)( e)(VIII)(F); and add ( 1)( e)(VIIl.5)(I),
(l)(e)(XI.l), and (l)(e)(XI.2) as follows:
      25-7-105. Duties of commission - technical secretary - rules -
report - legislative declaration - definitions - repeal.
        (1) Except as provided in sections 25-7-130 and 25-7-131, the
commission shall promulgate ADOPT rules that are consistent with the
legislative declaration set forth in section 25-7-102 and necessary for the
proper implementation and administration of this article 7, including:
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
       ( e) (VIII) (F) A clean energy plan voluntarily filed by a cooperative
electric association that has voted to exempt itself from regulation by the
public utilities commission pursuant to article 9.5 of title 40 or by a
municipal utility shall be deemed approved by the public utilities
commission as filed if: The division in consultation with the public utilities
commission, publicly verifies that the plan demonstrates that, by 2030, the
cooperative electric association or municipal utility will achieve at least an
eighty percent reduction in greenhouse gas emissions caused by the entity's
Colorado retail electricity sales relative to 2005 levels; and the clean energy
plan has previously been approved by a vote of the entity's governing body.
Voluntary submission of a clean ene1gy plan by a cooperative electtic
association 01 municipal utility does not alte1 the entity's I egulatory status
with respect to the public utilities commission, including under article 9.5
of title 40.
       (VIIl.5) (I) NOTWITHSTANDING ANY OTHER REQUIREMENT OF THIS
SUBSECTION     (l)(e),   A   MUNICIPALLY     OWNED     UTILITY    THAT    HAS
ENCOUNTERED CHALLENGES IN ACHIEVING THE GREENHOUSE GAS EMISSION
REDUCTION PERCENTAGES IN A PREVIOUSLY FILED CLEAN ENERGY PLAN MAY
SUBMIT TO THE DIVISION, NO LATER THAN DECEMBER 31, 2026, AN UPDATED
CLEAN ENERGY PLAN THAT HAS BEEN APPROVED BY A VOTE OF THE
MUNICIPALLY      OWNED       UTILITY'S   GOVERNING       BODY    AND     THAT
DEMONSTRATES THAT THE MUNICIPALLY OWNED UTILITY WILL ACHIEVE AN
EIGHTY PERCENT REDUCTION IN GREENHOUSE GAS EMISSIONS CAUSED BY
THE MUNICIPALLY OWNED UTILITY'S COLORADO RETAIL ELECTRICITY SALES,
RELATIVE TO 2005 LEVELS, BY THE EARLIEST DATE POSSIBLE ON OR AFTER
DECEMBER 31, 2029, BUT NO LATER THAN DECEMBER 31, 2032.
       (Xl.1) A MUNICIPALLY OWNED UTILITY THAT SUBMITS AN UPDATED
CLEAN ENERGY PLAN PURSUANT TO SUBSECTION ( 1)( e)(VIIl.5)(I) OF THIS
SECTION MUST:
       (A) ENSURE THAT THE UPDATED CLEAN ENERGY PLAN SUBMITTED TO
THE DIVISION CONTAINS A DETAILED GENERATION AND TRANSMISSION PLAN
THAT IS NOT GENERICALLY CLASSIFIED AS "TO BE DETERMINED", BUT THAT
INCLUDES THE AMOUNT AND TYPES OF RESOURCES ANTICIPATED TO BE
NEEDED TO ACHIEVE AN EIGHTY PERCENT REDUCTION IN GREENHOUSE GAS
EMISSIONS, THE ANTICIPATED DELIVERY AREAS WHERE NEW GENERATION
WOULD BE PROCURED, AND THE ANTICIPATED LOCATION AND CAPACITY OF
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ANY NEW TRANSMISSION THAT WOULD NEED TO BE BUILT OR ACQUIRED
THROUGH THE REGIONAL TRANSMISSION ORGANIZATION OF WHICH THE
MUNICIPALLY OWNED UTILITY IS A MEMBER;
       (B)   BEGINNING JANUARY 1, 2028, AND CONTINUING EACH YEAR
UNTIL DECEMBER 31, 203 3, ANNUALLY REPORT TO THE DIVISION AND MAKE
PUBLICLY AVAILABLE ON THE MUNICIPALLY OWNED UTILITY'S WEBSITE: THE
MUNICIPALLY OWNED UTILITY'S PROGRESS IN PLANNING FORAND ACQUIRING
THE NECESSARY GENERATION AND TRANSMISSION RESOURCES IDENTIFIED IN
ITS UPDATED CLEAN ENERGY PLAN, THE MUNICIPALLY OWNED UTILITY'S
GREENHOUSE GAS EMISSION REDUCTIONS RELATIVE TO 2005 LEVELS, AND AN
UPDATED LOADS AND RESOURCES TABLE THAT INCLUDES ANY CHANGES TO
FORECASTED DEMAND FROM THE FORECAST USED IN THE UPDATED CLEAN
ENERGY PLAN; AND
       (C) NO LATER THAN DECEMBER 31, 2032, AND NOTWITHSTANDING
ANY OTHER RULES OF THE COMMISSION SETTING A TIMELINE FOR CESSATION
OF BURNING COAL, CEASE BURNING COAL AT ANY COAL-FIRED GENERA TING
UNIT OWNED, OPERATED, OR BOTH BY THE MUNICIPALLY OWNED UTILITY.
       (Xl.2) (A)   AN UPDATED CLEAN ENERGY PLAN SUBMITTED BY A
MUNICIPALLY OWNED UTILITY PURSUANT TO SUBSECTION (l)(e)(VIll.5)(1)
OF THIS SECTION SHALL BE PUBLICLY VERIFIED BY THE DIVISION CONSISTENT
WITH THE REQUIREMENTS OF SUBSECTION ( 1 )( e )(VIII)(F) OF THIS SECTION.
       (B) THE DATES ASSOCIATED WITH THE REQUIREMENTS SET FORTH IN
SUBSECTIONS (l)(e)(VIII)(C), (l)(e)(VIII)(F), AND (l)(e)(VIll.3) OF THIS
SECTION MUST BE CONSTRUED TO ALIGN WITH THE REVISED DATES IN
SUBSECTION (1 )( e )(VIll.5)(1) OF THIS SECTION FOR ANY UPDATED CLEAN
ENERGY PLAN SUBMITTED BY A MUNICIPALLY OWNED UTILITY PURSUANT TO
SUBSECTION (l)(e)(VIll.5)(1) OF THIS SECTION.
       SECTION 2. In Colorado Revised Statutes, 31-15-707, add (2) as
follows:
      31-15-707.    Municipally owned utilities - powers of a
municipality - greenhouse gas emission reduction goals.
       (2) THE GOVERNING BODY OF A MUNICIPALLY OWNED UTILITY THAT
SUBMITSANUPDATEDCLEANENERGYPLANPURSUANTTOSECTION25-7-105
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(l)(e)(VIll.5)(1) SHALL INSTRUCT THE MUNICIPALLY OWNED UTILITY TO
SEEK TO:
       (a) ACHIEVE A NINETY-FIVE PERCENT REDUCTION IN GREENHOUSE
GAS EMISSIONS CA USED BY THE MUNICIPALLY OWNED UTILITY'S COLORADO
RETAIL ELECTRICITY SALES BY DECEMBER 31, 2039, RELATIVE TO 2005
LEVELS, WITHOUT IMPAIRING THE MUNICIPALLY OWNED UTILITY'S ABILITY
TO MAINTAIN THE ELECTRIC RELIABILITY STANDARDS OF A REGIONAL
TRANSMISSION ORGANIZATION OF WHICH THE MUNICIPALLY OWNED UTILITY
IS A MEMBER; AND
     (b) REDUCE, BETWEEN THE DATE AN EIGHTY PERCENT REDUCTION IN
GREENHOUSE GAS EMISSIONS IS ACHIEVED AND DECEMBER 31, 2035, ANY
CUMULATIVE GREENHOUSE GAS EMISSIONS RES ULTING FROM THE UPDATED
CLEAN ENERGY PLAN RELATIVE TO THE MUNICIPALLY OWNED UTILITY'S
ORIGINAL CLEAN ENERGY PLAN, WITHOUT IMPAIRING THE MUNICIPALLY
OWNED UTILITY'S ABILITY TO MAINTAIN THE ELECTRIC RELIABILITY
STANDARDS OF A REGIONAL TRANSMISSION ORGANIZATION OF WHICH THE
MUNICIPALLY OWNED UTILITY IS A MEMBER.
       SECTION 3. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 4-SENATE BILL 26-182
the support and maintenance of the departments of the state and state
insti tuti ons.
James Rashad Coleman, Sr.
PRESIDENT OF
                                         ~~e
                                         SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
  ther van Mourik  V~ ~  ssa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
      APPROVED Oh       \\'l~Jt{ l'V\1 2-\ <' 202-h 1Lf ( I :3<7oii,,,,
                                (Da e and ime)
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