House Committee of Reference Report
Committee on Energy & Environment
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April 23, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1326 be amended as follows, and as so amended, be referred to the Committee on Finance with favorable recommendation:
Page 1, Line 1Amend printed bill, page 5, strike line 6 and substitute "September 1,
Page 1, Line 22033.".
Page 1, Line 3Page 5, line 8 strike "(38)(a)(II)" and substitute "(34)(a)(XIV)".
Page 1, Line 4Page 5, strike lines 16 through 18 and substitute:
Page 1, Line 5"(34) (a) The following agencies, functions, or both, are scheduled
Page 1, Line 6for repeal on September 1, 2033:
Page 1, Line 7(XIV) The Colorado public utilities commission created
Page 1, Line 8in".
Page 1, Line 9Page 5, strike lines 20 through 27.
Page 1, Line 10Page 6, strike lines 1 through 22.
Page 1, Line 11Renumber succeeding sections accordingly.
Page 1, Line 12Page 11, line 3, after "compliance" insert "each time that the
Page 1, Line 13division of administration verifies compliance with the clean
Page 1, Line 14energy targets".
Page 1, Line 15Page 11, line 5, strike "section." and substitute "section or is
Page 1, Line 16continuing to opt out of the requirements.".
Page 1, Line 17Page 12, strike lines 25 through 27.
Page 1, Line 18Page 13, strike lines 1 through 21 and substitute "definition - repeal.".
Page 2, Line 1Renumber succeeding subsections accordingly.
Page 2, Line 2Page 14, line 2, after the first "generation," insert "nonemitting clean
Page 2, Line 3firm generation,".
Page 2, Line 4Page 14, line 18, strike "(3)" and substitute "(2)".
Page 2, Line 5Page 23, strike lines 3 through 27.
Page 2, Line 6Page 24, strike lines 1 through 4.
Page 2, Line 7Renumber succeeding sections accordingly.
Page 2, Line 8Page 36, strike lines 4 through 27.
Page 2, Line 9Strike pages 37 through 40.
Page 2, Line 10Page 41, strike lines 1 through 5 and substitute:
Page 2, Line 11"SECTION 33. In Colorado Revised Statutes, 40-2-113, add
Page 2, Line 12(4) as follows:
Page 2, Line 1340-2-113. Collection of fees - limitation - filing fees.
Page 2, Line 14(4) (a) Except as provided in subsection (4)(b) of this
Page 2, Line 15section, the commission may set administratively a filing fee
Page 2, Line 16schedule for applications, petitions, registrations, formal
Page 2, Line 17complaints, and similar filings that are submitted to the
Page 2, Line 18commission that relate to communications services,
Page 2, Line 19telecommunications services, and basic emergency services.
Page 2, Line 20The purpose of the filing fees is to recover the commission's
Page 2, Line 21costs associated with regulatory activities that are not
Page 2, Line 22covered by the fees assessed pursuant to sections 40-2-112 and
Page 2, Line 2340-2-113.
Page 2, Line 24(b) Members of the public who file complaints and
Page 2, Line 25public utilities that are subject to the fees assessed pursuant
Page 2, Line 26to sections 40-2-112 and 40-2-113 are exempt from the filing
Page 2, Line 27fees set pursuant to subsection (4)(a) of this section.
Page 2, Line 28(c) The state treasurer shall credit all filing fees
Page 2, Line 29collected by the commission pursuant to this subsection (4) to
Page 2, Line 30the telecommunications utility fund created in section
Page 2, Line 3140-2-114 (1)(b)(I).
Page 2, Line 32SECTION 34. In Colorado Revised Statutes, 40-15-402,
Page 2, Line 33amend (1) as follows:
Page 3, Line 140-15-402. No regulation by the commission - no certificate
Page 3, Line 2required.
Page 3, Line 3(1) Nothing in articles 1 to 7 of this title title 40 or parts 2 and
Page 3, Line 43 of this article article 15 shall apply applies to deregulated services
Page 3, Line 5and products pursuant to this part 4; except that the filing fees set
Page 3, Line 6administratively by the commission pursuant to section
Page 3, Line 740-2-113 (4) apply to deregulated services and products.".
Page 3, Line 8Renumber succeeding sections accordingly.
Page 3, Line 9Page 41, line 16 strike "(5)(c)(III)" and substitute "(5)(c)(III); and add
Page 3, Line 10(5)(d.5), (6), and (7)".
Page 3, Line 11Page 42, after line 9 insert:
Page 3, Line 12"(d.5) The public utilities commission shall develop
Page 3, Line 13flyers or other informational documents to inform members
Page 3, Line 14of the public of the methods by which they may submit an
Page 3, Line 15informal complaint to the public utilities commission
Page 3, Line 16regarding penal communications services. Beginning January
Page 3, Line 171, 2027, each correctional facility shall post the documents in
Page 3, Line 18a conspicuous location where the documents may be viewed by
Page 3, Line 19visitors to the correctional facility.
Page 3, Line 20(6) The public utilities commission may adopt rules
Page 3, Line 21implementing this section, including rules:
Page 3, Line 22(a) Requiring penal communications service providers
Page 3, Line 23to report outages of penal communications services to the
Page 3, Line 24public utilities commission; and
Page 3, Line 25(b) Imposing penalties that comport with section
Page 3, Line 2640-7-113.5 (1) for a penal communications service provider's
Page 3, Line 27failure to comply with the requirements of this section that
Page 3, Line 28apply to penal communications service providers.
Page 3, Line 29(7) Nothing in this section is intended to establish
Page 3, Line 30public utilities commission authority over correctional
Page 3, Line 31facilities.".
Page 3, Line 32Page 43, after line 23 insert:
Page 3, Line 33"SECTION 39. In Colorado Revised Statutes, add 40-4-123 as
Page 3, Line 34follows:
Page 3, Line 3540-4-123. Electric utilities - interconnection information -
Page 3, Line 36disclosure for federal clean electricity investment credit
Page 3, Line 37compliance - definitions.
Page 4, Line 1(1) As used in this section, unless the context otherwise
Page 4, Line 2requires:
Page 4, Line 3(a) "Federal credit" means the federal clean
Page 4, Line 4electricity investment credit authorized under section 48E of
Page 4, Line 5the federal "Internal Revenue Code of 1986", 26 U.S.C. sec.
Page 4, Line 648E.
Page 4, Line 7(b) "Interconnection utility" means an investor-owned
Page 4, Line 8electric utility.
Page 4, Line 9(c) "Material assistance cost ratio" means the
Page 4, Line 10measurement of how much of a project's cost is from
Page 4, Line 11nonprohibited foreign entity sources and is calculated in
Page 4, Line 12accordance with 26 U.S.C. sec. 7701 (a)(52)(D) or any successor
Page 4, Line 13federal statute.
Page 4, Line 14(d) "Qualified interconnection property" has the
Page 4, Line 15meaning set forth in 26 U.S.C. sec. 48E (b)(4).
Page 4, Line 16(2) An interconnection utility shall, upon written
Page 4, Line 17request, provide a taxpayer claiming the federal credit any
Page 4, Line 18information or certifications reasonably necessary for a
Page 4, Line 19determination of compliance with applicable federal
Page 4, Line 20requirements, including the material assistance cost ratio.
Page 4, Line 21The information or certifications must include, to the extent
Page 4, Line 22it is available, information regarding the origin, cost, and
Page 4, Line 23constituent components of any property or equipment,
Page 4, Line 24including associated labor costs, that is required for
Page 4, Line 25calculating the material assistance cost ratio for qualified
Page 4, Line 26interconnection property.
Page 4, Line 27(3) An interconnection utility shall provide the
Page 4, Line 28information or certifications requested pursuant to
Page 4, Line 29subsection (2) of this section within a reasonable time frame
Page 4, Line 30and in sufficient detail to enable the taxpayer to perform the
Page 4, Line 31required calculations and certifications required under
Page 4, Line 32federal tax rules and guidance regarding the federal credit.
Page 4, Line 33SECTION 40. In Colorado Revised Statutes, add 40-2-132.7
Page 4, Line 34as follows:
Page 4, Line 3540-2-132.7. Energy planning proceedings - investigation to
Page 4, Line 36streamline - report - repeal.
Page 4, Line 37(1) On or before December 1, 2026, the commission shall
Page 4, Line 38open one or more miscellaneous proceedings to investigate
Page 4, Line 39potential barriers to and opportunities for streamlining
Page 4, Line 40energy planning proceedings, integrating gas and electric
Page 4, Line 41system planning, and maximizing the efficiency and
Page 4, Line 42effectiveness of customer programming. In conducting the
Page 4, Line 43miscellaneous proceedings, the commission shall identify and
Page 5, Line 1evaluate recommendations related to:
Page 5, Line 2(a) Revising the timing and order for key planning
Page 5, Line 3proceedings to achieve regulatory efficiency and reduce
Page 5, Line 4litigation costs while maintaining high standards of
Page 5, Line 5regulatory oversight;
Page 5, Line 6(b) Integrating gas and electric system planning as a
Page 5, Line 7means to reduce ratepayer costs and to advance federal,
Page 5, Line 8regional, state, and local air quality and decarbonization
Page 5, Line 9goals; and
Page 5, Line 10(c) Improving the cost-effectiveness and effectiveness
Page 5, Line 11of utility customer programs, including demand-side
Page 5, Line 12management, beneficial electrification, clean heat,
Page 5, Line 13customer-sited renewable energy and storage, and
Page 5, Line 14income-qualified service programs.
Page 5, Line 15(2) In evaluating potential barriers and opportunities
Page 5, Line 16for integrating gas and electric system planning pursuant to
Page 5, Line 17subsection (1)(b) of this section, the commission shall
Page 5, Line 18consider:
Page 5, Line 19(a) Implementing emerging forecasting and modeling
Page 5, Line 20practices to allow for optimization across gas and electric
Page 5, Line 21systems;
Page 5, Line 22(b) Aligning planning processes, forecasts, assumptions,
Page 5, Line 23programs, initiatives, or any combination thereof across gas,
Page 5, Line 24electric, and steam proceedings;
Page 5, Line 25(c) Facilitating secure data sharing between gas and
Page 5, Line 26electric utilities and with certain nonutility entities, such as
Page 5, Line 27governmental bodies and third-party providers;
Page 5, Line 28(d) Improving collaboration among utilities that have
Page 5, Line 29overlapping service territories;
Page 5, Line 30(e) Evaluating and implementing geographically
Page 5, Line 31targeted zonal electrification;
Page 5, Line 32(f) Evaluating and minimizing stranded asset risks; and
Page 5, Line 33(g) Modifying cost-recovery methods to reduce
Page 5, Line 34ratepayer risk or to align utility incentives with relevant
Page 5, Line 35public policy objectives such as reducing greenhouse gas
Page 5, Line 36emissions.
Page 5, Line 37(3) In conducting the miscellaneous proceedings
Page 5, Line 38pursuant to subsection (1) of this section, the commission
Page 5, Line 39shall solicit input from stakeholders through public
Page 5, Line 40workshops, written comments, and other forums.
Page 5, Line 41(4) (a) Based on the miscellaneous proceedings
Page 5, Line 42conducted pursuant to subsection (1) of this section, the
Page 5, Line 43commission shall produce a report identifying its findings,
Page 6, Line 1conclusions, and recommendations. The commission shall
Page 6, Line 2include any recommendations regarding legislative,
Page 6, Line 3regulatory, or operational actions needed to:
Page 6, Line 4(I) Improve regulatory efficiency and effectiveness,
Page 6, Line 5including through revising the timing and order of key
Page 6, Line 6planning proceedings;
Page 6, Line 7(II) Advance integrated gas and electric system
Page 6, Line 8planning; and
Page 6, Line 9(III) Deliver cost-effective, impactful, and streamlined
Page 6, Line 10utility customer programming to achieve public policy goals,
Page 6, Line 11including goals of reducing greenhouse gas emissions and
Page 6, Line 12increasing access to and the benefits of programming for
Page 6, Line 13income-qualified customers and disproportionately impacted
Page 6, Line 14communities.
Page 6, Line 15(b) Within the report, the commission shall also
Page 6, Line 16identify whether any of the recommendations made pursuant
Page 6, Line 17to subsection (4)(a) of this section would require or benefit
Page 6, Line 18from legislation to change statutory deadlines for specific
Page 6, Line 19planning proceedings, and, if so, the commission shall
Page 6, Line 20recommend the statutory changes needed.
Page 6, Line 21(5) On or before November 30, 2027, the commission
Page 6, Line 22shall submit the report to the house of representatives
Page 6, Line 23energy and environment committee, the house of
Page 6, Line 24representatives transportation, housing, and local
Page 6, Line 25government committee, and the senate transportation and
Page 6, Line 26energy committee, or their successor committees.
Page 6, Line 27(6) This section is repealed, effective January 1, 2029.".
Page 6, Line 28Renumber succeeding section accordingly.