Senate Committee of Reference Report
Committee on Transportation & Energy
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April 16, 2025
After consideration on the merits, the Committee recommends the following:
SB25-280 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add part 8 to article
Page 1, Line 448.5 of title 24 as follows:
Page 1, Line 5PART 8
Page 1, Line 6DATA CENTER DEVELOPMENT
Page 1, Line 7AND INCENTIVES
Page 1, Line 824-48.5-801. Short title. The short title of this part 8 is the
Page 1, Line 9"Colorado Data Center Development and Incentive Program
Page 1, Line 10Act".
Page 1, Line 1124-48.5-802. Legislative declaration. (1) The general
Page 1, Line 12assembly finds, determines, and declares that:
Page 1, Line 13(a) Colorado's continued economic growth and
Page 1, Line 14technological advancement depend on the development of
Page 1, Line 15modern digital infrastructure that can support emerging
Page 1, Line 16technologies while ensuring grid reliability, affordability of
Page 1, Line 17electric service for all customers, and environmental
Page 1, Line 18sustainability;
Page 1, Line 19(b) Colorado faces interrelated challenges in:
Page 1, Line 20(I) Achieving its clean energy and greenhouse gas
Page 1, Line 21reduction goals while maintaining grid system reliability;
Page 1, Line 22(II) Modernizing critical electrical grid infrastructure
Page 1, Line 23to support increasing electrification;
Page 1, Line 24(III) Ensuring equitable economic development across
Page 1, Line 25urban, suburban, and rural communities; and
Page 1, Line 26(IV) Maintaining economic competitiveness in an evolving
Page 1, Line 27technological landscape;
Page 2, Line 1(c) The Colorado electric transmission authority has
Page 2, Line 2identified critical transmission capacity needs requiring
Page 2, Line 3approximately four and one-half billion dollars in
Page 2, Line 4infrastructure investment through 2045, with significant
Page 2, Line 5requirements for grid modernization, reliability enhancement,
Page 2, Line 6and renewable and clean energy integration;
Page 2, Line 7(d) Data centers represent a transformative opportunity
Page 2, Line 8to:
Page 2, Line 9(I) Accelerate grid modernization through strategic
Page 2, Line 10investment contributions into transmission and distribution
Page 2, Line 11infrastructure;
Page 2, Line 12(II) Create high-wage employment opportunities across
Page 2, Line 13the state, particularly in areas transitioning from traditional
Page 2, Line 14energy economies; and
Page 2, Line 15(III) Strengthen local tax bases while driving
Page 2, Line 16technological innovation;
Page 2, Line 17(e) Colorado's existing tax structure does not
Page 2, Line 18adequately reflect the unique operational characteristics and
Page 2, Line 19infrastructure requirements of modern data center
Page 2, Line 20development;
Page 2, Line 21(f) The state's current tax framework creates unintended
Page 2, Line 22barriers to critical digital infrastructure investment,
Page 2, Line 23particularly regarding:
Page 2, Line 24(I) Large-scale capital investment in technological
Page 2, Line 25equipment;
Page 2, Line 26(II) Ongoing grid infrastructure modernization; and
Page 2, Line 27(III) Renewable and clean energy deployment;
Page 2, Line 28(g) Data centers represent a distinct class of
Page 2, Line 29infrastructure that:
Page 2, Line 30(I) Requires significant up-front capital investment;
Page 2, Line 31(II) Drives substantial grid modernization;
Page 2, Line 32(III) Creates high-wage technology employment; and
Page 2, Line 33(IV) Generates long-term economic benefits;
Page 2, Line 34(h) Under Colorado's current tax framework, the state
Page 2, Line 35risks losing billions of dollars in potential investment over the
Page 2, Line 36next decade despite significant competitive advantages in
Page 2, Line 37climate, workforce, and renewable and clean resources;
Page 2, Line 38(i) Neighboring states have established comprehensive
Page 2, Line 39incentive programs that place Colorado at a competitive
Page 2, Line 40disadvantage;
Page 2, Line 41(j) Colorado's unique geographic and resource
Page 2, Line 42advantages create opportunities for leadership in sustainable
Page 2, Line 43data center development;
Page 3, Line 1(k) Emerging large load customers have the potential to
Page 3, Line 2drive significant investment in Colorado's energy
Page 3, Line 3infrastructure;
Page 3, Line 4(l) A targeted and transparent resource acquisition
Page 3, Line 5framework can enable utilities to efficiently serve these
Page 3, Line 6customers while preserving affordability, protecting existing
Page 3, Line 7ratepayers, and meeting the state's decarbonization and grid
Page 3, Line 8reliability goals; and
Page 3, Line 9(m) The general assembly equally supports the use of
Page 3, Line 10unionized and nonunionized labor to perform any of the
Page 3, Line 11necessary work in connection with data center development and
Page 3, Line 12the implementation of a targeted and transparent resource
Page 3, Line 13acquisition framework.
Page 3, Line 14(2) The general assembly further finds and declares that
Page 3, Line 15a structured, performance-based approach to data center
Page 3, Line 16development will:
Page 3, Line 17(a) Accelerate grid modernization through private
Page 3, Line 18investment;
Page 3, Line 19(b) Ensure responsible development that benefits local
Page 3, Line 20communities;
Page 3, Line 21(c) Advance multiple state policy objectives;
Page 3, Line 22(d) Create high-wage technology jobs;
Page 3, Line 23(e) Strengthen local tax bases, particularly in rural
Page 3, Line 24areas; and
Page 3, Line 25(f) Enhance Colorado's position as a leader in
Page 3, Line 26technological innovation.
Page 3, Line 2724-48.5-803. Definitions. As used in this part 8, unless the
Page 3, Line 28context otherwise requires:
Page 3, Line 29(1) "Certification" means recognition granted to a data
Page 3, Line 30center by the office pursuant to section 24-48.5-807, upon
Page 3, Line 31determination that the data center meets the requirements
Page 3, Line 32specified in section 24-48.5-805.
Page 3, Line 33(2) "Certified data center" means a data center that has
Page 3, Line 34received certification from the office pursuant to section
Page 3, Line 3524-48.5-807.
Page 3, Line 36(3) "Commission" means the Colorado public utilities
Page 3, Line 37commission created in section 40-2-101.
Page 3, Line 38(4) "Data center" means a facility with one or more
Page 3, Line 39buildings including corresponding electrical infrastructure
Page 3, Line 40that:
Page 3, Line 41(a) Houses information technology equipment used for
Page 3, Line 42data processing, data storage, or telecommunications; and
Page 3, Line 43(b) Has a primary function of delivering information
Page 4, Line 1technology services including:
Page 4, Line 2(I) Providing data storage, processing, and transport
Page 4, Line 3services;
Page 4, Line 4(II) Supporting the delivery of cloud computing services;
Page 4, Line 5(III) Providing network connectivity services; and
Page 4, Line 6(IV) Supporting artificial intelligence, machine learning,
Page 4, Line 7or similar computational services.
Page 4, Line 8(5) "Data center operator" means any person or entity
Page 4, Line 9that:
Page 4, Line 10(a) Owns, leases, or operates a data center in Colorado;
Page 4, Line 11(b) Is a client or collocation tenant or licensee of a data
Page 4, Line 12center, including entities that lease, rent, or otherwise enter
Page 4, Line 13into a contractual agreement for the use of data center space
Page 4, Line 14or services; or
Page 4, Line 15(c) Co-locates information technology equipment within
Page 4, Line 16a qualifying data center facility.
Page 4, Line 17(6) "Data center tenant" means a client or co-location
Page 4, Line 18tenant or licensee of a data center, including an entity that
Page 4, Line 19leases, rents or otherwise enters into a contractual agreement
Page 4, Line 20for the use of data center space or services, or otherwise
Page 4, Line 21co-locates information technology equipment within a
Page 4, Line 22qualifying data center facility.
Page 4, Line 23(7) "Department" means the department of revenue.
Page 4, Line 24(8) "Energy office" means the Colorado energy office
Page 4, Line 25created in section 24-38.5-101.
Page 4, Line 26(9) "Office" means the office of economic development
Page 4, Line 27created in section 24-48.5-101.
Page 4, Line 28(10) "Program" means the data center development
Page 4, Line 29incentive program created in this part 8.
Page 4, Line 30(11) "Qualified purchase" means the purchase, on or after
Page 4, Line 31July 1, 2025, or the effective date of this part 8,whichever is
Page 4, Line 32later, of:
Page 4, Line 33(a) Information technology infrastructure including:
Page 4, Line 34(I) Computer equipment or software used in the operation
Page 4, Line 35of or for the benefit of the certified data center;
Page 4, Line 36(II) Software servers, routers, connections, monitoring
Page 4, Line 37and security systems, and other enabling machinery, equipment,
Page 4, Line 38software, and hardware, regardless of whether the property is
Page 4, Line 39affixed to or incorporated into real property;
Page 4, Line 40(III) Data storage systems; and
Page 4, Line 41(IV) Network infrastructure;
Page 4, Line 42(b) Data center infrastructure and transmission and
Page 4, Line 43generation system assets including:
Page 5, Line 1(I) Environmental control systems;
Page 5, Line 2(II) On-site energy storage systems;
Page 5, Line 3(III) On-site renewable and clean energy systems; and
Page 5, Line 4(IV) Building materials for data center construction;
Page 5, Line 5(c) Mechanical and power distribution systems; or
Page 5, Line 6(d) Other equipment and systems essential to data center
Page 5, Line 7operations.
Page 5, Line 8(12) "Renewable and clean energy" means electricity
Page 5, Line 9generated from:
Page 5, Line 10(a) Sources qualifying as eligible energy resources
Page 5, Line 11pursuant to sections 30-20-1202 (2) and 40-2-124, including but
Page 5, Line 12not limited to:
Page 5, Line 13(I) Solar;
Page 5, Line 14(II) Wind;
Page 5, Line 15(III) Geothermal;
Page 5, Line 16(IV) Biomass;
Page 5, Line 17(V) Hydroelectric;
Page 5, Line 18(VI) Recycled energy;
Page 5, Line 19(VII) Battery energy storage systems;
Page 5, Line 20(VIII) Nuclear energy; and
Page 5, Line 21(IX) Coal mine methane when the commission determines
Page 5, Line 22it is captured in a manner that conforms with environmental
Page 5, Line 23regulations;
Page 5, Line 24(b) Other clean energy resources as determined by the
Page 5, Line 25commission, including:
Page 5, Line 26(I) Green hydrogen; and
Page 5, Line 27(II) Other emerging zero-carbon technologies; or
Page 5, Line 28(c) Any combination of resources specified in this
Page 5, Line 29subsection (12).
Page 5, Line 3024-48.5-804. Data center development incentive program.
Page 5, Line 31(1) The data center development incentive program is created
Page 5, Line 32in the office to facilitate efficient data center development by
Page 5, Line 33allowing tax relief to a data center operator that owns or
Page 5, Line 34operates a data center or to a participating data center tenant
Page 5, Line 35of a data center that obtains certification pursuant to this part
Page 5, Line 368.
Page 5, Line 37(2) The office shall administer the program and
Page 5, Line 38coordinate with the commission and the energy office as
Page 5, Line 39necessary to maximize the effectiveness of the program.
Page 5, Line 40(3) The office shall perform an evaluation of the program
Page 5, Line 41in 2031 to evaluate the effectiveness of the program and to
Page 5, Line 42determine if any modifications to the program are required.
Page 5, Line 43(4) (a) The office shall receive and evaluate applications
Page 6, Line 1that are submitted by data center operators to obtain the
Page 6, Line 2following:
Page 6, Line 3(I) Certification for a data center, which allows the data
Page 6, Line 4center operator a sales and use tax exemption for qualified
Page 6, Line 5purchases in connection with the data center pursuant to
Page 6, Line 6sections 24-48.5-808 and 39-26-735; and
Page 6, Line 7(II) A benefit extension pursuant to section 24-48.5-814 for
Page 6, Line 8a data center that has obtained certification.
Page 6, Line 9(b) To obtain certification for a data center or to obtain
Page 6, Line 10a benefit extension, a data center operator must file a
Page 6, Line 11completed application with the office pursuant to section
Page 6, Line 1224-48.5-806.
Page 6, Line 13(3) The office shall begin processing applications for
Page 6, Line 14certification as specified in section 24-48.5-807 within one
Page 6, Line 15hundred eighty days after the effective date of this part 8. The
Page 6, Line 16office shall complete its review of any application that is
Page 6, Line 17submitted on or before December 31, 2034, pursuant to the
Page 6, Line 18policies, procedures, and guidelines established pursuant to this
Page 6, Line 19part 8.
Page 6, Line 20(4) If the office approves a data center for certification,
Page 6, Line 21the office shall use the reports that a data center operator is
Page 6, Line 22required to submit to the office pursuant to section 24-48.5- 809
Page 6, Line 23to monitor the certified data center to ensure that the certified
Page 6, Line 24data center remains in compliance with program requirements.
Page 6, Line 25(5) The office shall issue state sales and use tax
Page 6, Line 26exemption certificates required for a data center operator that
Page 6, Line 27obtains certification or a certified data center benefit
Page 6, Line 28extension to claim the sales and use tax exemption allowed in
Page 6, Line 29sections 24-48.5-808 and 39-26-735.
Page 6, Line 30(6) In implementing the program, the office shall
Page 6, Line 31facilitate efficient data center development by establishing
Page 6, Line 32clear qualification criteria and consistently administering a
Page 6, Line 33predictable application, review, and approval process for data
Page 6, Line 34center certification pursuant to this part 8.
Page 6, Line 35(7) The office may create and modify policies, procedures,
Page 6, Line 36and guidelines as necessary to implement the program and the
Page 6, Line 37tax and other benefits that may be claimed pursuant to this part
Page 6, Line 388.
Page 6, Line 3924-48.5-805. Certification - data center operators - minimum
Page 6, Line 40requirements. (1) To qualify for data center certification
Page 6, Line 41pursuant to this part 8, a data center operator or a data center
Page 6, Line 42operator collectively with its participating data center
Page 6, Line 43tenants shall commit to:
Page 7, Line 1(a) Making a minimum capital investment of two hundred
Page 7, Line 2fifty million dollars in data center qualifying purchases within
Page 7, Line 3sixty months of obtaining data center certification;
Page 7, Line 4(b) Creating, within sixty months of the data center's
Page 7, Line 5receipt of a final certificate of occupancy for the first phase of
Page 7, Line 6the data center project, and maintaining twenty-five new
Page 7, Line 7full-time equivalent jobs with an average compensation of at
Page 7, Line 8least one hundred ten percent of the county average wage in
Page 7, Line 9the county in which the data center will be located;
Page 7, Line 10(c) Verifying that the data center will not result in
Page 7, Line 11unreasonable cost impacts to other utility ratepayers. This
Page 7, Line 12requirement may be satisfied by:
Page 7, Line 13(I) Securing approval of the data center through the
Page 7, Line 14targeted resource acquisition framework described in section
Page 7, Line 1540-2-140 for jurisdictional utilities;
Page 7, Line 16(II) Providing a letter or statement from the host utility,
Page 7, Line 17a municipal utility's governing board, or a relevant regulatory
Page 7, Line 18entity confirming that the utility infrastructure costs
Page 7, Line 19associated with the data center are reasonably allocated and
Page 7, Line 20are not expected to cause unjustified rate increases for other
Page 7, Line 21customers;
Page 7, Line 22(III) Providing documentation of a proposed
Page 7, Line 23interconnection agreement, electric service agreement, or
Page 7, Line 24similar agreement that identifies required utility
Page 7, Line 25infrastructure upgrades and confirms that the data center
Page 7, Line 26operator has agreed or will agree to cover its fair share of
Page 7, Line 27costs in accordance with the utility's policy; or
Page 7, Line 28(IV) Another pathway identified through the rulemaking
Page 7, Line 29for large new loads pursuant to section 40-2-141.
Page 7, Line 30(d) implementing Water stewardship measures that
Page 7, Line 31optimize operational water management through one or more of
Page 7, Line 32the following:
Page 7, Line 33(I) Implementation of closed-loop cooling systems;
Page 7, Line 34(II) Use of available recycled water sources or water
Page 7, Line 35rights previously reserved for retiring thermal power units; or
Page 7, Line 36(III) Deployment of water-efficient technologies;
Page 7, Line 37(e) provide Certification under one of the following
Page 7, Line 38standards within twenty-four months of the data center's
Page 7, Line 39receipt of a final certificate of occupancy:
Page 7, Line 40(I) LEED for data centers at silver level or higher;
Page 7, Line 41(II) Energy Star certification;
Page 7, Line 42(III) Green Globes certification;
Page 7, Line 43(IV) ISO 50001 energy management certification;
Page 8, Line 1(V) ISO 14001 standard for environmental management
Page 8, Line 2systems; or
Page 8, Line 3(VI) Other equivalent standards approved by the office;
Page 8, Line 4or
Page 8, Line 5(f) Consulting with the department of natural resources
Page 8, Line 6regarding wildlife areas, wildfire and urban interface, and
Page 8, Line 7water.
Page 8, Line 8(g) Breaking ground on the data center within sixty
Page 8, Line 9months of obtaining certification;
Page 8, Line 10(h) Complying with the craft labor requirements in part
Page 8, Line 113 of article 92 of this title 24, if the data center is an energy
Page 8, Line 12sector public works project, as defined in section 24-92-303 (5);
Page 8, Line 13(i) Complying with the apprenticeship utilization
Page 8, Line 14requirements in section 24-92-115 and the prevailing wage
Page 8, Line 15requirements in part 2 of article 92 of this title 24 as if the data
Page 8, Line 16center satisfied the criteria for a public project as described in
Page 8, Line 17sections 24-92-115 (1) and 24-92-203 (1); and
Page 8, Line 18(j) Committing to satisfying the data center requirements
Page 8, Line 19after certification specified in section 24-48.5-812.
Page 8, Line 20(2) Upon receipt of an application for certification from
Page 8, Line 21a data center operator, the office shall review the application
Page 8, Line 22pursuant to section 24-48.5-807. If the office approves the data
Page 8, Line 23center for certification, the data center operator becomes
Page 8, Line 24eligible, as of the date of certification, for the benefits specified
Page 8, Line 25in section 24-48.5-808.
Page 8, Line 2624-48.5-806. Application process - data center operators -
Page 8, Line 27requirements. (1) A data center operator seeking certification
Page 8, Line 28for a data center pursuant to this part 8 must submit an
Page 8, Line 29application to the office, in a form and manner determined by the
Page 8, Line 30office, that includes the following:
Page 8, Line 31(a) Information about the data center for which the data
Page 8, Line 32center operator is seeking certification including:
Page 8, Line 33(I) The identity and qualifications of the data center
Page 8, Line 34operator to own or operate a data center;
Page 8, Line 35(II) Evidence of site control or a pathway to site control;
Page 8, Line 36(III) A proposed development timeline and phasing;
Page 8, Line 37(IV) An estimated timeline for capital investments in data
Page 8, Line 38center construction and equipment reaching a minimum of two
Page 8, Line 39hundred fifty million dollars within thirty-six months of the
Page 8, Line 40data center being placed in service or receipt of a final
Page 8, Line 41certificate of occupancy;
Page 8, Line 42(V) An estimated job creation plan by the data center
Page 8, Line 43operator or by the data center operator collectively with its
Page 9, Line 1participating data center tenants showing at least twenty-five
Page 9, Line 2new full-time equivalent positions, within sixty months after
Page 9, Line 3the data center's receipt of a final certificate of occupancy for
Page 9, Line 4the first phase of the data center project, with compensation of
Page 9, Line 5at least one hundred ten percent of the county average wage
Page 9, Line 6for the county in which the data center will be located; and
Page 9, Line 7(VI) An environmental sustainability plan for the data
Page 9, Line 8center that includes:
Page 9, Line 9(A) A facility certification commitment, including LEED,
Page 9, Line 10Energy Star, Green Globes, ISO 50001, ISO 14001, or the
Page 9, Line 11equivalent; and
Page 9, Line 12(B) Consultation with department of natural resources;
Page 9, Line 13(b) The identity of the utility or utilities that will serve
Page 9, Line 14the data center; and
Page 9, Line 15(c) Local government documentation in connection with
Page 9, Line 16the data center including:
Page 9, Line 17(I) Documentation of the status of the application from
Page 9, Line 18the local governmental entity that will provide the permit for
Page 9, Line 19the data center, if available;
Page 9, Line 20(II) A description of applicable local incentives; and
Page 9, Line 21(III) The status of local permits and approvals.
Page 9, Line 2224-48.5-807. Application review and certification process.
Page 9, Line 23(1) The office shall review all applications submitted pursuant
Page 9, Line 24to section 24-48.5-806. The office shall determine whether an
Page 9, Line 25application is complete within thirty days after the office's
Page 9, Line 26receipt of the application. Within ninety days of determining
Page 9, Line 27that an application is complete, the office shall conduct a full
Page 9, Line 28application review.
Page 9, Line 29(2) If the office determines that an application is deficient,
Page 9, Line 30the office shall provide written notification to the applicant
Page 9, Line 31that identifies the specific deficiencies. The office shall allow
Page 9, Line 32thirty days for the applicant to cure any deficiencies in the
Page 9, Line 33application and complete a review of the revised application
Page 9, Line 34within thirty days after receipt.
Page 9, Line 35(3) The office shall approve an application for
Page 9, Line 36certification for a data center if it has met or will meet all of
Page 9, Line 37the application criteria in section 24-48.5-805.
Page 9, Line 38(4) The office may reject an application only if:
Page 9, Line 39(a) The office finds that the data center operator
Page 9, Line 40materially misrepresented facts in the application;
Page 9, Line 41(b) The office finds that the data center operator failed
Page 9, Line 42to provide required documentation after the office provided an
Page 9, Line 43opportunity to cure pursuant to subsection (2) of this section; or
Page 10, Line 1(c) The office determines that the applicant does not meet
Page 10, Line 2minimum certification requirements under section 24-48.5-805.
Page 10, Line 3(5) Before rejecting any application that meets the
Page 10, Line 4minimum investment and job creation thresholds set forth in
Page 10, Line 5section 24-48.5-805 (1)(a), the office must:
Page 10, Line 6(a) Provide the applicant an opportunity to address the
Page 10, Line 7office's concerns; and
Page 10, Line 8(b) Explore alternative paths to approval with conditions
Page 10, Line 9if possible.
Page 10, Line 10(6) The office may revoke certification that it has
Page 10, Line 11awarded pursuant to this section if the office determines that
Page 10, Line 12the data center operator:
Page 10, Line 13(a) Has failed to make substantial progress toward
Page 10, Line 14satisfying the requirements specified in section 24-48.5-805
Page 10, Line 15within two years of the data center being placed in service or
Page 10, Line 16receipt of a final certificate of occupancy;
Page 10, Line 17(b) Has materially changed the data center in a way that
Page 10, Line 18would have disqualified it from certification; or
Page 10, Line 19(c) Has failed to maintain compliance with the criteria
Page 10, Line 20that formed the basis of approval.
Page 10, Line 2124-48.5-808. Certification benefits - state sales and use tax
Page 10, Line 22exemption. (1) (a) A data center that has obtained certification
Page 10, Line 23is eligible for a one-hundred-percent state sales and use tax
Page 10, Line 24exemption on qualified purchases pursuant to section 39-26-735.
Page 10, Line 25(b) A data center that obtains certification and is eligible
Page 10, Line 26to claim a state sales and use tax exemption pursuant to
Page 10, Line 27subsection (1)(a) of this section is eligible for the exemption for
Page 10, Line 28twenty years from the date that the data center received
Page 10, Line 29certification, so long as the data center:
Page 10, Line 30(I) Maintains the qualifying employment levels specified
Page 10, Line 31in section 24-48.5-805 (1)(b); and
Page 10, Line 32(II) Submits annual compliance reports to the office as
Page 10, Line 33required in section 24-48.5-809 (2).
Page 10, Line 3424-48.5-809. Certified data center - qualification - compliance
Page 10, Line 35reports. (1) The office shall issue a state sales and use tax
Page 10, Line 36exemption certificate to a data center operator that has
Page 10, Line 37obtained certification for a data center as evidence that the
Page 10, Line 38data center operator is eligible for a one-hundred-percent sales
Page 10, Line 39and use tax exemption for qualified purchases pursuant to
Page 10, Line 40sections 24-48.5-808 and 39-26-735. The sales and use tax
Page 10, Line 41exemption certificate must specify that the data center
Page 10, Line 42operator is entitled to the sales and use tax exemption for
Page 10, Line 43twenty years, beginning on the date that the certificate is
Page 11, Line 1issued. A state sales and use tax exemption certificate is
Page 11, Line 2nontransferable. The office shall certify to the department of
Page 11, Line 3revenue the name of each data center operator that receives a
Page 11, Line 4state sales and use tax exemption certificate and other
Page 11, Line 5relevant information relating to the sales and use tax
Page 11, Line 6exemption.
Page 11, Line 7(2) A data center operator of a data center that has
Page 11, Line 8obtained certification shall submit an annual compliance report
Page 11, Line 9to the office, in a form and manner to be determined by the
Page 11, Line 10office, to verify that the data center operator is making timely
Page 11, Line 11progress in satisfying the requirements of section 24-48.5-805
Page 11, Line 12and is on track to satisfy the requirements within the periods
Page 11, Line 13specified in that section. A data center operator shall submit
Page 11, Line 14the report required in this subsection (2) to maintain
Page 11, Line 15certification. The data center operator shall include in the
Page 11, Line 16report the total amount of the sales and use tax exemption
Page 11, Line 17claimed each year and any other information requested by the
Page 11, Line 18office.
Page 11, Line 19(3) If the office revokes the certification pursuant to
Page 11, Line 20section 24-48.5-807 (6), the data center operator is required to
Page 11, Line 21pay the entire amount of the sales and use tax on any qualified
Page 11, Line 22purchase for which the sales and use tax exemption was claimed
Page 11, Line 23pursuant to this part 8.
Page 11, Line 2424.48.5-810. Targeted resource acquisition framework.
Page 11, Line 25(1) Before submitting an application for certification for a data
Page 11, Line 26center, a data center operator shall:
Page 11, Line 27(a) Conduct and document a preliminary consultation
Page 11, Line 28with the electric utility that will provide electricity for the
Page 11, Line 29data center regarding interconnection feasibility, capacity, and
Page 11, Line 30infrastructure requirements; and
Page 11, Line 31(b) Obtain a written feasibility assessment from the
Page 11, Line 32utility that will provide electricity for the data center
Page 11, Line 33including a timeline of service.
Page 11, Line 34(2) A data center customer of the utility that will
Page 11, Line 35provide electricity may enter into a generation contract with
Page 11, Line 36an independent power producer if the electric utility is unable
Page 11, Line 37to provide initial energization within thirty-six months of the
Page 11, Line 38execution of a service agreement or fails to provide
Page 11, Line 39seventy-five percent of such power within thirty months of the
Page 11, Line 40execution of a service agreement.
Page 11, Line 41(3) For a data center located in the service territory of
Page 11, Line 42a municipally-owned utility, a data center operator shall
Page 11, Line 43comply with a substantially similar process to the process
Page 12, Line 1established in section 40-2-140.
Page 12, Line 2(4) A data center operator shall include the
Page 12, Line 3documentation of the consultation and the written feasibility
Page 12, Line 4assessment obtained pursuant to subsection (1) of this section in
Page 12, Line 5the data center operator's application to the office.
Page 12, Line 6(5) A data center operator is responsible for paying for
Page 12, Line 7all costs that the utility will incur for the planning and
Page 12, Line 8feasibility assessment to provide electricity to the new data
Page 12, Line 9center.
Page 12, Line 1024-48.5-811. Local government authority and coordination.
Page 12, Line 11This part 8 does not limit local government authority regarding
Page 12, Line 12the regulation of data centers, including taxation, incentives,
Page 12, Line 13land use, permitting, and nuisance, which regulation may
Page 12, Line 14include consideration of environmental sustainability. In
Page 12, Line 15addition, this part 8 does not restrict additional local
Page 12, Line 16incentives including utility incentives in the case of a
Page 12, Line 17municipally-owned utility. This part 8 does not require local
Page 12, Line 18governments to participate in the program.
Page 12, Line 1924-48.5-812. Data center requirements after certification -
Page 12, Line 20community benefit requirements - workforce development -
Page 12, Line 21economic development integration. (1) A data center that has
Page 12, Line 22obtained certification shall participate in at least one state
Page 12, Line 23workforce development program, including:
Page 12, Line 24(a) Partnerships with local educational institutions
Page 12, Line 25including:
Page 12, Line 26(I) Technical training programs;
Page 12, Line 27(II) Apprenticeship initiatives;
Page 12, Line 28(III) Career pathway development; and
Page 12, Line 29(IV) Science, technology, engineering, and math (STEM)
Page 12, Line 30education support; and
Page 12, Line 31(b) Local workforce initiatives including:
Page 12, Line 32(I) Job training programs;
Page 12, Line 33(II) Skills development workshops;
Page 12, Line 34(III) Professional certification support; and
Page 12, Line 35(IV) Career advancement opportunities.
Page 12, Line 36(2) A data center that has obtained certification shall
Page 12, Line 37participate in economic development integration by:
Page 12, Line 38(a) Participating in regional economic planning;
Page 12, Line 39(b) Supporting supply chain development;
Page 12, Line 40(c) Enabling technology cluster formation; and
Page 12, Line 41(d) Fostering innovation ecosystem growth.
Page 12, Line 42(3) A data center that has obtained certification shall:
Page 12, Line 43(a) Comply with the apprenticeship utilization
Page 13, Line 1requirements in section 24-92-115 and the prevailing wage
Page 13, Line 2requirements in part 2 of article 92 of this title 24 as if the data
Page 13, Line 3center satisfied the criteria for a public project as described in
Page 13, Line 4sections 24-92-115 (1) and 24-92-203 (1); and
Page 13, Line 5(b) Comply with the craft labor requirements in part 3 of
Page 13, Line 6article 92 of this title 24, if the data center is an energy sector
Page 13, Line 7public works project as defined in section 24-92-303 (5).
Page 13, Line 824-48.5-813. Preservation of existing data center certification.
Page 13, Line 9(1) A data center that is certified prior to January 1, 2035, is
Page 13, Line 10required to comply with the following requirements to maintain
Page 13, Line 11its certification:
Page 13, Line 12(a) Maintain all commitments through its twenty-year
Page 13, Line 13benefit period;
Page 13, Line 14(b) Retain eligibility for extensions pursuant to section
Page 13, Line 1524-48.5-814;
Page 13, Line 16(c) Continue compliance obligations; and
Page 13, Line 17(d) Submit the performance reports required in section
Page 13, Line 1824-48.5-809 (2).
Page 13, Line 1924-48.5-814. Benefit extension and modification - duration -
Page 13, Line 20extension eligibility - extension terms. (1) A data center operator
Page 13, Line 21that has obtained certification for a data center may apply to
Page 13, Line 22the office for an extension of the certification benefits. To be
Page 13, Line 23eligible for a benefit extension, a data center operator must
Page 13, Line 24demonstrate that:
Page 13, Line 25(a) The certified data center has made additional grid
Page 13, Line 26enhancement investments in a total amount of at least five
Page 13, Line 27million dollars during the initial twenty-year benefit period;
Page 13, Line 28(b) The certified data center has created at least ten new
Page 13, Line 29qualifying jobs in addition to the jobs that the data center
Page 13, Line 30operator is required to create pursuant to section 24-48.5-805;
Page 13, Line 31(c) The certified data center continues to comply with
Page 13, Line 32environmental requirements; and
Page 13, Line 33(d) The certified data center has satisfied its community
Page 13, Line 34benefit commitments pursuant to section 24-48.5-812.
Page 13, Line 35(2) A certified data center that is approved for a benefit
Page 13, Line 36extension pursuant to this section is eligible for:
Page 13, Line 37(a) An additional ten years of eligibility to claim the
Page 13, Line 38sales and use tax exemption allowed pursuant to this part 8; and
Page 13, Line 39(b) The ability of the certified data center to maintain the
Page 13, Line 40requirements of its certification.
Page 13, Line 4124-48.5-815. Program cost recovery. (1) (a) To recover the
Page 13, Line 42direct costs of establishing and implementing the program, the
Page 13, Line 43office may:
Page 14, Line 1(I) Establish and collect a nonrefundable application fee
Page 14, Line 2not to exceed ten thousand dollars for each application for
Page 14, Line 3certification submitted pursuant to this part 8; and
Page 14, Line 4(II) Establish and collect a nonrefundable certification
Page 14, Line 5fee not to exceed twenty thousand dollars for each
Page 14, Line 6certification awarded pursuant to this part 8.
Page 14, Line 7(b) The office shall deposit all fees collected pursuant to
Page 14, Line 8subsection (1)(a) of this section into the Colorado economic
Page 14, Line 9development fund created in section 24-46-105.
Page 14, Line 10(2) The office shall:
Page 14, Line 11(a) Set the amount of any fees established pursuant to
Page 14, Line 12subsection (1) of this section at the minimum amount necessary
Page 14, Line 13to offset the office's direct costs of implementing its
Page 14, Line 14responsibilities under this part 8; and
Page 14, Line 15(b) Review the fees annually and adjust the amounts as
Page 14, Line 16necessary to ensure that the fees do not exceed the direct costs
Page 14, Line 17of implementation.
Page 14, Line 18SECTION 2. In Colorado Revised Statutes, add 40-2-140 and
Page 14, Line 1940-2-141 as follows:
Page 14, Line 2040-2-140. Targeted resource acquisition - emerging large load
Page 14, Line 21customers - process - funding. (1) Eligibility for targeted resource
Page 14, Line 22acquisition. A utility regulated under the commission's resource
Page 14, Line 23planning authority may submit to the commission a targeted
Page 14, Line 24resource acquisition application describing how the utility
Page 14, Line 25intends to meet energy and capacity needs created by one or
Page 14, Line 26more emerging large load customers. Emerging large load
Page 14, Line 27customers must:
Page 14, Line 28(a) Have projected load requirements of at least one
Page 14, Line 29hundred megawatts, either individually or in the aggregate,
Page 14, Line 30through co-located customers;
Page 14, Line 31(b) Enter into a contractual agreement with the utility,
Page 14, Line 32which agreement includes:
Page 14, Line 33(I) Minimum demand, duration, and billing commitments;
Page 14, Line 34or
Page 14, Line 35(II) Participation in any applicable large load tariff
Page 14, Line 36intended to balance load factor;
Page 14, Line 37(c) Agree to exit fee provisions that address early
Page 14, Line 38departure or reduced demand, including but not limited to a
Page 14, Line 39three-year exit fee structure to ensure revenue stability;
Page 14, Line 40(d) Provide appropriate credit securitization; and
Page 14, Line 41(e) Demonstrate site control and submit signed
Page 14, Line 42development agreements to the utility.
Page 14, Line 43(2) Resource acquisition process. (a) Prior to filing a
Page 15, Line 1targeted resource acquisition application under this section, a
Page 15, Line 2utility may issue a competitive solicitation to identify potential
Page 15, Line 3resources to serve the emerging load.
Page 15, Line 4(b) As part of the targeted resource acquisition
Page 15, Line 5application, the utility may propose system assets funded in
Page 15, Line 6whole or in part by the emerging large-load customer. All such
Page 15, Line 7assets must:
Page 15, Line 8(I) Operate as system assets for the benefit of all
Page 15, Line 9customers;
Page 15, Line 10(II) Provide net additional clean or renewable energy
Page 15, Line 11resources as described in part 8 of article 48.5 of title 24,
Page 15, Line 12beyond what is already required under the renewable
Page 15, Line 13energy standard established in section 40-2-124; and
Page 15, Line 14(III) Maintain alignment with the resource eligibility and
Page 15, Line 15emissions reduction objectives of the renewable energy
Page 15, Line 16standard and other applicable clean energy laws.
Page 15, Line 17(c) Any resources proposed in the targeted resource
Page 15, Line 18acquisition application must have sufficient cumulative
Page 15, Line 19accredited capacity, as determined by the utility, to meet the
Page 15, Line 20needs of the emerging large load within the required
Page 15, Line 21interconnection time frame, which time frame may be phased as
Page 15, Line 22the load scales.
Page 15, Line 23(d) The utility must:
Page 15, Line 24(I) Use the request for proposal documents most recently
Page 15, Line 25approved by the commission, with customization allowed to
Page 15, Line 26reflect the specific solicitation and avoid cost shifts to other
Page 15, Line 27customers; and
Page 15, Line 28(II) Be permitted to bring forward recent bids received
Page 15, Line 29within the past two years if the bid prices remain generally
Page 15, Line 30consistent with the previously submitted terms.
Page 15, Line 31(e) The utility must include an updated emissions
Page 15, Line 32workbook that reflects:
Page 15, Line 33(I) Total megawatt-hours and associated emissions
Page 15, Line 34attributable to the emerging load; and
Page 15, Line 35(II) Separate reporting for each discrete emerging load in
Page 15, Line 36the case of co-located arrangements, to the extent practicable.
Page 15, Line 37(f) Approval of a targeted resource acquisition
Page 15, Line 38application under this section creates a presumption of prudence
Page 15, Line 39for all infrastructure or resource investments necessary to
Page 15, Line 40serve the emerging load.
Page 15, Line 41(g) The standard of review for the targeted resource
Page 15, Line 42acquisition application is whether the proposed acquisition and
Page 15, Line 43associated infrastructure are in the public interest.
Page 16, Line 1(h) The utility need not obtain a certificate of public
Page 16, Line 2convenience and necessity pursuant to section 40-5-102 for
Page 16, Line 3specific resources identified in and approved through the
Page 16, Line 4application.
Page 16, Line 5(i) The commission shall act on the application within one
Page 16, Line 6hundred twenty days of filing. The period for other persons to
Page 16, Line 7intervene in the matter is ten days.
Page 16, Line 8(3) Funding and cost recovery. (a) A utility may include
Page 16, Line 9pre-funding commitments from the emerging large load
Page 16, Line 10customer for pre-development and early construction costs of
Page 16, Line 11resources or infrastructure, including transmission and
Page 16, Line 12distribution.
Page 16, Line 13(b) The costs may be entirely borne by the emerging large
Page 16, Line 14load customer, but the utility may also propose partial
Page 16, Line 15reimbursement through an existing cost-recovery mechanism.
Page 16, Line 16(c) (I) The commission shall approve the reimbursement if
Page 16, Line 17the acquired resources or infrastructure provide system-wide
Page 16, Line 18benefits.
Page 16, Line 19(II) Costs associated with approved resources may be
Page 16, Line 20recovered through an adjustment clause until included in the
Page 16, Line 21rate base in a future rate case. Transmission costs may be
Page 16, Line 22recovered through a transmission adjustment clause and
Page 16, Line 23distribution costs may be recovered through a grid
Page 16, Line 24modernization adjustment clause.
Page 16, Line 25(4) Advanced energy technologies fund. (a) A utility may
Page 16, Line 26propose the creation of a fund for advanced energy
Page 16, Line 27technologies, to which fund customers that necessitate
Page 16, Line 28emerging new large loads may contribute voluntarily.
Page 16, Line 29(b) A utility may use the fund to:
Page 16, Line 30(I) Cover pre-development and early construction costs
Page 16, Line 31for system resources and infrastructure;
Page 16, Line 32(II) Support utility exploration or deployment of clean
Page 16, Line 33firm dispatchable technologies;
Page 16, Line 34(III) Allow customers that necessitate emerging new
Page 16, Line 35large loads to benefit from clean firm capacity located near
Page 16, Line 36their operations in exchange for their contributions; and
Page 16, Line 37(IV) Mitigate or allocate technology performance risk
Page 16, Line 38associated with advanced resources, subject to the commission's
Page 16, Line 39review and approval.
Page 16, Line 40(c) If an emerging large new load project does not
Page 16, Line 41materialize, money that is contributed to the fund may be used
Page 16, Line 42to offset infrastructure costs for the benefit of other
Page 16, Line 43customers or reallocated to finance clean firm resource
Page 17, Line 1development.
Page 17, Line 240-2-141. Rule-making for large new loads. (1) On or before
Page 17, Line 3June 30, 2027, the commission shall begin a rule-making
Page 17, Line 4procedure to establish oversight, reporting requirements, and
Page 17, Line 5cost allocation principles related to investor-owned utilities
Page 17, Line 6serving large load customers. At a minimum, the rules must:
Page 17, Line 7(a) Define a large load customer as a customer
Page 17, Line 8interconnecting at transmission-level service with an estimated
Page 17, Line 9demand of at least one hundred megawatts, or such other
Page 17, Line 10threshold as determined by the commission through
Page 17, Line 11rule-making;
Page 17, Line 12(b) Establish processes to evaluate and monitor the
Page 17, Line 13impacts and opportunities associated with large load customers,
Page 17, Line 14including:
Page 17, Line 15(I) System investments and upgrades needed to
Page 17, Line 16accommodate the load;
Page 17, Line 17(II) The potential to enhance system reliability and grid
Page 17, Line 18flexibility;
Page 17, Line 19(III) Opportunities to reduce transmission and distribution
Page 17, Line 20line losses, improve voltage support, and alleviate congestion;
Page 17, Line 21(IV) Opportunities to serve large load customers with
Page 17, Line 22zero-emission resources, including continuous clean energy
Page 17, Line 23supply options and curtailed renewable tariffs; and
Page 17, Line 24(V) The impact of serving large load customers on the
Page 17, Line 25utility's ability to meet its clean energy targets under approved
Page 17, Line 26clean energy plans, and avoid delays in achieving beneficial
Page 17, Line 27electrification, housing, or resilience objectives;
Page 17, Line 28(c) Require utilities to report regarding:
Page 17, Line 29(I) Payments, contracts, or financial contributions made
Page 17, Line 30by large load customers;
Page 17, Line 31(II) System investments resulting from interconnection of
Page 17, Line 32large load customers; and
Page 17, Line 33(III) The manner in which the investments align with
Page 17, Line 34renewable energy standard requirements set forth in section
Page 17, Line 3540-2-124 and grid modernization objectives;
Page 17, Line 36(d) Establish principles to ensure that rate structures
Page 17, Line 37and tariffs:
Page 17, Line 38(I) Are just and reasonable for all customers;
Page 17, Line 39(II) Avoid cost shifts to nonparticipating customers;
Page 17, Line 40(III) Promote rate stability;
Page 17, Line 41(IV) Ensure that utilities can fully recover investments
Page 17, Line 42from a large load customer if the customer reduces usage or
Page 17, Line 43ceases operations, including, as appropriate, through minimum
Page 18, Line 1contract lengths, termination fees, reasonable up-front
Page 18, Line 2payments directly tied to utility investments or upgrades
Page 18, Line 3necessary to serve the load, or minimum demand or
Page 18, Line 4infrastructure-related charges; and
Page 18, Line 5(V) Enable consideration of customer-specific tariffs or
Page 18, Line 6enable clean and renewable power tariffs;
Page 18, Line 7(e) Encourage utility planning and customer integration
Page 18, Line 8practices that maximize the value of new load for grid stability,
Page 18, Line 9emissions reductions, and equitable cost recovery;
Page 18, Line 10(f) Ensure a transparent process for stakeholder
Page 18, Line 11participation in utility proceedings involving large load
Page 18, Line 12interconnections; and
Page 18, Line 13(g) Support economic and business development in the
Page 18, Line 14state.
Page 18, Line 15(2) Each investor-owned utility shall submit an annual
Page 18, Line 16report to the commission summarizing:
Page 18, Line 17(a) New or anticipated large load interconnections;
Page 18, Line 18(b) Infrastructure investments and their status;
Page 18, Line 19(c) Tariff structures and cost recovery mechanisms; and
Page 18, Line 20(d) Impacts on emissions, renewable energy compliance,
Page 18, Line 21and system resilience.
Page 18, Line 22(3) The commission shall establish standards for
Page 18, Line 23maintaining confidentiality of proprietary or competitive
Page 18, Line 24business information.
Page 18, Line 25(4) (a) Rules adopted under this section must complement
Page 18, Line 26and not conflict with existing requirements under sections
Page 18, Line 2740-2-124, 40-2-125.5, and 40-3-101, and support Colorado's clean
Page 18, Line 28energy, economic development, and grid reliability goals.
Page 18, Line 29(b) Any incremental cost of serving a large load
Page 18, Line 30customer that is paid directly by the customer is excluded from
Page 18, Line 31the maximum rate impact calculation used in evaluating a retail
Page 18, Line 32utility's clean energy plan under section 40-2-125.5.
Page 18, Line 33(5) Prior to the adoption of final rules under this section,
Page 18, Line 34the commission shall consider the principles outlined in this
Page 18, Line 35section in any electric resource planning or infrastructure
Page 18, Line 36proceeding involving a large load customer, including pending
Page 18, Line 37second-stage rate case filings initiated prior to the effective
Page 18, Line 38date of this section.
Page 18, Line 39SECTION 3. In Colorado Revised Statutes, 29-2-105, add
Page 18, Line 40(1)(d)(V) as follows:
Page 18, Line 4129-2-105. Contents of sales tax ordinances and proposals.
Page 18, Line 42(1) The sales tax ordinance or proposal of any incorporated town, city,
Page 18, Line 43or county adopted pursuant to this article 2 shall be imposed on the sale
Page 19, Line 1of tangible personal property at retail or the furnishing of services, as
Page 19, Line 2provided in subsection (1)(d) of this section. Any countywide or
Page 19, Line 3incorporated town or city sales tax ordinance or proposal shall include the
Page 19, Line 4following provisions:
Page 19, Line 5(d) (V) The exemption for sales of information technology
Page 19, Line 6infrastructure, data center infrastructure, mechanical
Page 19, Line 7systems, or other equipment essential to data center operations
Page 19, Line 8as specified in section 29-26-735 (3).
Page 19, Line 9SECTION 4. In Colorado Revised Statutes, add 39-26-735 as
Page 19, Line 10follows:
Page 19, Line 1139-26-735. Certified data centers - qualified purchases -
Page 19, Line 12information technology infrastructure - data center infrastructure -
Page 19, Line 13electric grid enhancement equipment - tax preference performance
Page 19, Line 14statement - legislative declaration - definitions. (1) (a) In
Page 19, Line 15accordance with section 39-21-304 (1), which requires each bill
Page 19, Line 16that creates a new tax expenditure to include a tax preference
Page 19, Line 17performance statement as part of a statutory legislative
Page 19, Line 18declaration, the general assembly finds and declares that the
Page 19, Line 19purposes of the tax expenditure created in subsection (3) of this
Page 19, Line 20section are to:
Page 19, Line 21(I) Improve industry competitiveness, specifically in data
Page 19, Line 22center development and electric grid modernization; and
Page 19, Line 23(II) Provide tax relief to certain businesses, specifically
Page 19, Line 24data center operators that own or operate a certified data
Page 19, Line 25center in the state.
Page 19, Line 26(b) The general assembly and the state auditor shall
Page 19, Line 27measure the effectiveness of the tax expenditure in achieving
Page 19, Line 28the purposes specified in subsection (1)(a) of this section based on
Page 19, Line 29the number of certified data centers that are constructed and
Page 19, Line 30placed in service in the state and the number and value of the
Page 19, Line 31exemptions claimed pursuant to this section. The Colorado
Page 19, Line 32office of economic development shall provide the state auditor
Page 19, Line 33with any available information that would assist the state
Page 19, Line 34auditor's analysis.
Page 19, Line 35(2) As used in this section, unless the context otherwise
Page 19, Line 36requires:
Page 19, Line 37(a) "Certified data center" means a data center that has
Page 19, Line 38obtained certification from the Colorado office of economic
Page 19, Line 39development pursuant to part 8 of article 48.5 of title 24.
Page 19, Line 40(b) "State sales and use tax exemption certificate" means
Page 19, Line 41a certificate issued by the Colorado office of economic
Page 19, Line 42development to a certified data center pursuant to part 8 of
Page 19, Line 43article 48.5 of title 24.
Page 20, Line 1(3) Beginning January 1, 2026, all sales, storage, and use
Page 20, Line 2of information technology infrastructure, data center
Page 20, Line 3infrastructure, mechanical systems, or other equipment
Page 20, Line 4essential to data center operations as described in section
Page 20, Line 524-48.5-803 (12) that will be used in connection with a certified
Page 20, Line 6data center that has a state sales and use tax exemption
Page 20, Line 7certificate is exempt from taxation under parts 1 and 2 of this
Page 20, Line 8article 26.
Page 20, Line 9(4) Notwithstanding section 39-21-304 (4), the exemption
Page 20, Line 10allowed pursuant to this section continues indefinitely.
Page 20, Line 11SECTION 5. Applicability. This act applies to data centers for
Page 20, Line 12which building or the purchase of equipment or regulated resource
Page 20, Line 13acquisitions commence on or after the effective date of this act.
Page 20, Line 14SECTION 6. Safety clause. The general assembly finds,
Page 20, Line 15determines, and declares that this act is necessary for the immediate
Page 20, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 20, Line 17the support and maintenance of the departments of the state and state
Page 20, Line 18institutions.".