House Committee of Reference Report
Committee on Energy & Environment
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March 11, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1268 be amended as follows, and as so amended, be referred to the Committee of the Whole 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 5 to article
Page 1, Line 420 of title 29 as follows:
Page 1, Line 5PART 5
Page 1, Line 6SITING OF RENEWABLE ENERGY PROJECTS
Page 1, Line 729-20-501. Definitions.
Page 1, Line 8As used in this part 5, unless the context otherwise
Page 1, Line 9requires:
Page 1, Line 10(1) "Brownfield site" has the meaning set forth in section
Page 1, Line 1130-31-103 (3).
Page 1, Line 12(2) "Brunot agreement" means the agreement of
Page 1, Line 13September 13, 1873, ratified by act of April 29, 1874, ch. 136, 18
Page 1, Line 14Stat. 36 (1874).
Page 1, Line 15(3) "Brunot area" means the land relinquished and
Page 1, Line 16conveyed by the confederated bands of the Ute nation to the
Page 1, Line 17United States in the Brunot agreement and upon which the
Page 1, Line 18United States agreed to permit the Ute Indians to hunt "so long
Page 1, Line 19as the game lasts and the Indians are at peace with the white
Page 1, Line 20people."
Page 1, Line 21(4) "Closed landfill" has the meaning set forth in section
Page 1, Line 2230-20-124 (1)(c).
Page 1, Line 23(5) "Developer" means a person responsible for developing
Page 1, Line 24an eligible project.
Page 1, Line 25(6) "Eligible project" means undertakings and activities
Page 1, Line 26related to the development of renewable energy or energy
Page 1, Line 27storage system infrastructure, which undertakings and
Page 2, Line 1activities are related to an eligible site and may include
Page 2, Line 2acquisition of land and other property; demolition and removal
Page 2, Line 3of buildings and improvements; site preparation, cleanup, and
Page 2, Line 4remediation; and installation of renewable energy or energy
Page 2, Line 5storage system infrastructure.
Page 2, Line 6(7) "Eligible site" means:
Page 2, Line 7(a) A brownfield site;
Page 2, Line 8(b) Mining operation affected land and mining operation
Page 2, Line 9affected land for which the life of the mine has been terminated;
Page 2, Line 10(c) A closed landfill;
Page 2, Line 11(d) Land affected by an oil and gas operation for which
Page 2, Line 12all oil and gas infrastructure has been decommissioned and the
Page 2, Line 13site is eligible for final reclamation, as determined by the
Page 2, Line 14director of the energy and carbon management commission
Page 2, Line 15under the "Energy and Carbon Management Act", article 60 of
Page 2, Line 16title 34; or
Page 2, Line 17(e) Land that is:
Page 2, Line 18(I) Designated by the United States environmental
Page 2, Line 19protection agency under the federal "Comprehensive
Page 2, Line 20Environmental Response, Compensation, and Liability Act of
Page 2, Line 211980", 42 U.S.C. sec. 9601 et seq.;
Page 2, Line 22(II) Designated by the United States environmental
Page 2, Line 23protection agency under the corrective action program of the
Page 2, Line 24federal "Resource Conservation and Recovery Act of 1976", 42
Page 2, Line 25U.S.C. sec. 6901 et seq.; or
Page 2, Line 26(III) Regulated by the department of public health and
Page 2, Line 27environment under the "Voluntary Clean-up and
Page 2, Line 28Redevelopment Act", part 3 of article 16 of title 25.
Page 2, Line 29(8) "Energy storage system" has the meaning set forth in
Page 2, Line 30section 40-2-130 (2)(a).
Page 2, Line 31(9) "Life of the mine":
Page 2, Line 32(a) With respect to a mining operation for the extraction
Page 2, Line 33of minerals, has the meaning set forth in section 34-32-103 (6); or
Page 2, Line 34(b) With respect to a mining operation for the extraction
Page 2, Line 35of construction materials, has the meaning set forth in section
Page 2, Line 3634-32.5-103 (11).
Page 2, Line 37(10) "Local government" means a statutory or home rule
Page 2, Line 38city, town, county, or city and county.
Page 2, Line 39(11) "Local permitting entity" means the governing body
Page 2, Line 40of a local government or an agency of a local government with
Page 2, Line 41permitting authority over land uses.
Page 2, Line 42(12) "Mining operation affected land and mining operation
Page 2, Line 43affected land for which the life of the mine has been
Page 3, Line 1terminated":
Page 3, Line 2(a) With respect to a mining operation for the extraction
Page 3, Line 3of minerals, has the same meaning as "affected land" as defined
Page 3, Line 4in section 34-32-103 (1.5); or
Page 3, Line 5(b) With respect to a mining operation for the extraction
Page 3, Line 6of construction materials, has the same meaning as "affected
Page 3, Line 7land" as defined in section 34-32.5-103 (1).
Page 3, Line 8(13) (a) "Renewable energy" means useful electric,
Page 3, Line 9thermal, or mechanical energy:
Page 3, Line 10(I) That is:
Page 3, Line 11(A) Converted directly or indirectly from resources of
Page 3, Line 12continuous energy flow; or
Page 3, Line 13(B) Perpetually replenished; and
Page 3, Line 14(II) The utilization of which is sustainable indefinitely.
Page 3, Line 15(b) "Renewable energy" includes solar, wind, and
Page 3, Line 16geothermal energy.
Page 3, Line 17(14) "Renewable energy reinvestment area" means one or
Page 3, Line 18more eligible sites that a local permitting entity designates as
Page 3, Line 19an appropriate location for the siting of eligible projects and
Page 3, Line 20for which costs associated with a project may be financed or
Page 3, Line 21reimbursed through tax increment revenue pursuant to section
Page 3, Line 2230-31-109 or 31-25-107.
Page 3, Line 23(15) (a) "Utility" means an electric utility in the state.
Page 3, Line 24(b) "Utility" includes:
Page 3, Line 25(I) An investor-owned electric utility;
Page 3, Line 26(II) A cooperative electric association formed pursuant
Page 3, Line 27to article 9.5 of title 40;
Page 3, Line 28(III) A municipally owned utility; and
Page 3, Line 29(IV) A wholesale electric cooperative as defined in
Page 3, Line 30section 40-2-136 (3)(c).
Page 3, Line 3129-20-502. Renewable energy reinvestment areas - designation
Page 3, Line 32by a local permitting entity - consultation with tribal governments.
Page 3, Line 33(1) (a) A local permitting entity may designate one or
Page 3, Line 34more eligible sites within its jurisdiction as a renewable energy
Page 3, Line 35reinvestment area for the siting of eligible projects.
Page 3, Line 36(b) Except as provided in subsection (2) of this section, to
Page 3, Line 37designate one or more eligible sites as a renewable energy
Page 3, Line 38reinvestment area, a local permitting entity must:
Page 3, Line 39(I) Compile and make publicly available relevant
Page 3, Line 40documentation demonstrating that the site is an eligible site;
Page 3, Line 41(II) Consult with the division of parks and wildlife
Page 3, Line 42created in section 33-9-104 (1) regarding the wildlife and habitat
Page 3, Line 43impacts of constructing eligible projects on the site, including
Page 4, Line 1impacts to state and federally listed species and species and
Page 4, Line 2habitats of conservation concern;
Page 4, Line 3(III) (A) Hold one or more public hearings regarding the
Page 4, Line 4designation of the site or sites as a renewable energy
Page 4, Line 5reinvestment area; or
Page 4, Line 6(B) Designate the eligible site or sites as part of a new
Page 4, Line 7urban renewal plan or a substantial modification to an existing
Page 4, Line 8urban renewal plan pursuant to section 31-25-107 or as part of
Page 4, Line 9a new county revitalization plan or a substantial modification
Page 4, Line 10to an existing county revitalization plan pursuant to section
Page 4, Line 1130-31-109;
Page 4, Line 12(IV) Ensure that outreach to and engagement of
Page 4, Line 13disproportionately impacted communities regarding the
Page 4, Line 14designation of a renewable energy reinvestment area within the
Page 4, Line 15jurisdiction of the local permitting entity is substantially
Page 4, Line 16consistent with the process set forth in section 24-4-109 (3)
Page 4, Line 17regarding the designation; and
Page 4, Line 18(V) Ensure that designated eligible projects can be
Page 4, Line 19permitted and constructed pursuant to an administrative
Page 4, Line 20approval process through which the project is approved,
Page 4, Line 21approved with conditions, or denied by local government
Page 4, Line 22administrative staff based solely on its compliance with
Page 4, Line 23objective standards. A local permitting entity shall designate
Page 4, Line 24at least one point of contact to coordinate the local
Page 4, Line 25government review process and communicate with the eligible
Page 4, Line 26project applicant.
Page 4, Line 27(2) A local permitting entity shall not designate an
Page 4, Line 28eligible site:
Page 4, Line 29(a) Within the Southern Ute Indian Tribe reservation as a
Page 4, Line 30renewable energy reinvestment area unless the local
Page 4, Line 31government first consults with the tribal government of the
Page 4, Line 32Southern Ute Indian Tribe; and
Page 4, Line 33(b) Within the Brunot area as a renewable energy
Page 4, Line 34reinvestment area unless the local government first consults
Page 4, Line 35with the tribal governments of the Ute Mountain Ute Tribe and
Page 4, Line 36the Southern Ute Indian Tribe concerning the potential impacts
Page 4, Line 37to hunting, fishing, and gathering rights related to designation
Page 4, Line 38of the eligible site.
Page 4, Line 3929-20-503. Information for siting eligible projects in
Page 4, Line 40renewable energy reinvestment areas - requests from local
Page 4, Line 41governments or developers.
Page 4, Line 42Upon a request by a local government or a developer for
Page 4, Line 43information regarding the designated renewable energy
Page 5, Line 1reinvestment area, a utility shall acknowledge the request
Page 5, Line 2within thirty days after the request is made and provide the
Page 5, Line 3requestor readily available information.
Page 5, Line 429-20-504. Saving clause. Nothing in this part 5 shall be
Page 5, Line 5construed to authorize the construction, operation, or
Page 5, Line 6expansion of an eligible project in a renewable energy
Page 5, Line 7reinvestment area if the project would otherwise be prohibited
Page 5, Line 8or disallowed under applicable federal or state environmental
Page 5, Line 9statutes, rules, or regulations, including statutes, rules, or
Page 5, Line 10regulations governing the identification, assessment,
Page 5, Line 11remediation, or reuse of a brownfield site.
Page 5, Line 12SECTION 2. In Colorado Revised Statutes, add 24-38.5-126 as
Page 5, Line 13follows:
Page 5, Line 1424-38.5-126. Development guidance for renewable energy
Page 5, Line 15development in renewable energy reinvestment areas - definition.
Page 5, Line 16(1) On or before September 1, 2027, the Colorado energy
Page 5, Line 17office shall:
Page 5, Line 18(a) Publish on the Colorado energy office's website an
Page 5, Line 19outline of the general process for siting, permitting, and
Page 5, Line 20developing renewable energy projects in renewable energy
Page 5, Line 21reinvestment areas; and
Page 5, Line 22(b) Consolidate relevant technical and informational
Page 5, Line 23resources for renewable energy development in renewable
Page 5, Line 24energy reinvestment areas.
Page 5, Line 25(2) The Colorado energy office shall periodically review
Page 5, Line 26and update the information provided pursuant to subsection (1)
Page 5, Line 27of this section on the office's website.
Page 5, Line 28(3) As used in this section, unless the context otherwise
Page 5, Line 29requires, "renewable energy reinvestment area" has the meaning
Page 5, Line 30set forth in section 29-20-501 (14).
Page 5, Line 31SECTION 3. In Colorado Revised Statutes, 31-25-103, add (3.6)
Page 5, Line 32and (6.3) as follows:
Page 5, Line 3331-25-103. Definitions.
Page 5, Line 34As used in this part 1, unless the context otherwise requires:
Page 5, Line 35(3.6) "Eligible project" has the meaning set forth in
Page 5, Line 36section 29-20-501 (6).
Page 5, Line 37(6.3) "Renewable energy reinvestment area" has the
Page 5, Line 38meaning set forth in section 29-20-501 (14).
Page 5, Line 39SECTION 4. In Colorado Revised Statutes, 31-25-105, amend
Page 5, Line 40(1)(l); and add (1)(m) as follows:
Page 5, Line 4131-25-105. Powers of an authority.
Page 5, Line 42(1) Every authority has all the powers necessary or convenient to
Page 5, Line 43carry out and effectuate the purposes and provisions of this part 1,
Page 6, Line 1including, but not limited to, the following powers in addition to others
Page 6, Line 2granted in this part 1:
Page 6, Line 3(l) To rent or to provide by any other means suitable quarters for
Page 6, Line 4the use of the authority or to accept the use of such quarters as may be
Page 6, Line 5furnished by the municipality or any other public body, and to equip such
Page 6, Line 6quarters with such furniture, furnishings, equipment, records, and
Page 6, Line 7supplies as the authority may deem necessary to enable it to exercise its
Page 6, Line 8powers under this part 1; and
Page 6, Line 9(m) Pursuant to section 31-25-107 (9)(a)(II), to authorize
Page 6, Line 10the distribution of tax increment revenue to finance costs
Page 6, Line 11needed for one or more eligible projects sited in a renewable
Page 6, Line 12energy reinvestment area.
Page 6, Line 13SECTION 5. In Colorado Revised Statutes, 31-25-107, add
Page 6, Line 14(1)(c)(IV), (7.3), and (9)(j) as follows:
Page 6, Line 1531-25-107. Approval of urban renewal plans by local
Page 6, Line 16governing body - renewable energy reinvestment areas - definitions.
Page 6, Line 17(1) (c) (IV) An urban renewal plan or a substantial
Page 6, Line 18modification to an existing urban renewal plan approved
Page 6, Line 19pursuant to this section must include:
Page 6, Line 20(A) A map depicting the boundaries of any renewable
Page 6, Line 21energy reinvestment area included in the urban renewal plan or
Page 6, Line 22substantial modification; and
Page 6, Line 23(B) A description of the eligible projects and eligible
Page 6, Line 24project costs to be financed or reimbursed with tax increment
Page 6, Line 25revenue within each renewable energy reinvestment area
Page 6, Line 26included in the urban renewal plan or substantial modification.
Page 6, Line 27(7.3) An urban renewal plan or a substantial modification
Page 6, Line 28to an existing urban renewal plan may include one or more
Page 6, Line 29eligible projects located within a renewable energy
Page 6, Line 30reinvestment area regardless of whether the renewable energy
Page 6, Line 31reinvestment area is located within or is contiguous to the
Page 6, Line 32boundaries of the urban renewal area.
Page 6, Line 33(9) (j) (I) A renewable energy reinvestment area included
Page 6, Line 34in an urban renewal plan pursuant to this section shall be
Page 6, Line 35deemed part of the urban renewal area for all purposes set
Page 6, Line 36forth in this part 1.
Page 6, Line 37(II) An urban renewal authority may use tax increment
Page 6, Line 38revenue generated from any portion of the urban renewal area
Page 6, Line 39approved pursuant to this section to finance or reimburse costs
Page 6, Line 40incurred to carry out eligible projects within the urban
Page 6, Line 41renewal area, including within a renewable energy
Page 6, Line 42reinvestment area included in the urban renewal area.
Page 6, Line 43SECTION 6. In Colorado Revised Statutes, 30-31-103, add (9.5)
Page 7, Line 1and (13.5) as follows:
Page 7, Line 230-31-103. Definitions.
Page 7, Line 3As used in this article 31, unless the context otherwise requires:
Page 7, Line 4(9.5) "Eligible project" has the meaning set forth in
Page 7, Line 5section 29-20-501 (6).
Page 7, Line 6(13.5) "Renewable energy reinvestment area" has the
Page 7, Line 7meaning set forth in section 29-20-501 (14).
Page 7, Line 8SECTION 7. In Colorado Revised Statutes, 30-31-105, add (5)
Page 7, Line 9as follows:
Page 7, Line 1030-31-105. Powers of an authority.
Page 7, Line 11(5) Pursuant to section 30-31-109 (13)(a)(II), an authority
Page 7, Line 12may distribute tax increment revenue to finance costs incurred
Page 7, Line 13to carry out one or more eligible projects sited in a renewable
Page 7, Line 14energy reinvestment area.
Page 7, Line 15SECTION 8. In Colorado Revised Statutes, 30-31-109, amend
Page 7, Line 16(1)(d); and add (1)(c)(IV) and (13)(j) as follows:
Page 7, Line 1730-31-109. Approval of county revitalization plans by local
Page 7, Line 18governing body - renewable energy reinvestment areas - definitions.
Page 7, Line 19(1) (c) (IV) A county revitalization plan or a substantial
Page 7, Line 20modification to an existing county revitalization plan may
Page 7, Line 21include one or more eligible projects located within a
Page 7, Line 22renewable energy reinvestment area regardless of whether the
Page 7, Line 23renewable energy reinvestment area is located within or is
Page 7, Line 24contiguous to the boundaries of the county revitalization area.
Page 7, Line 25(d) (I) A county revitalization plan that is approved or
Page 7, Line 26substantially modified must include a legal description of the county
Page 7, Line 27revitalization area, including the legal description of any agricultural land
Page 7, Line 28proposed for inclusion within the county revitalization area pursuant to
Page 7, Line 29subsection (1)(c)(II) of this section.
Page 7, Line 30(II) A county revitalization plan or a substantial
Page 7, Line 31modification to an existing county revitalization plan approved
Page 7, Line 32pursuant to this section must include:
Page 7, Line 33(A) A map depicting the boundaries of any renewable
Page 7, Line 34energy reinvestment area included in the county revitalization
Page 7, Line 35plan or substantial modification; and
Page 7, Line 36(B) A description of the eligible projects and eligible
Page 7, Line 37project costs to be financed or reimbursed with tax increment
Page 7, Line 38revenue within each renewable energy reinvestment area
Page 7, Line 39included in the county revitalization plan or substantial
Page 7, Line 40modification.
Page 7, Line 41(13) (j) (I) A renewable energy reinvestment area included
Page 7, Line 42in a county revitalization plan pursuant to this section shall be
Page 7, Line 43deemed part of the county revitalization area for all purposes
Page 8, Line 1set forth in this article 31.
Page 8, Line 2(II) A county revitalization authority may use tax
Page 8, Line 3increment revenue generated from any portion of the county
Page 8, Line 4revitalization area approved pursuant to this section to finance
Page 8, Line 5or reimburse costs incurred to carry out eligible projects within
Page 8, Line 6the county revitalization area, including within a renewable
Page 8, Line 7energy reinvestment area included in the county revitalization
Page 8, Line 8area.
Page 8, Line 9SECTION 9. Act subject to petition - effective date. This act
Page 8, Line 10takes effect at 12:01 a.m. on the day following the expiration of the
Page 8, Line 11ninety-day period after final adjournment of the general assembly (August
Page 8, Line 1212, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 8, Line 13referendum petition is filed pursuant to section 1 (3) of article V of the
Page 8, Line 14state constitution against this act or an item, section, or part of this act
Page 8, Line 15within such period, then the act, item, section, or part will not take effect
Page 8, Line 16unless approved by the people at the general election to be held in
Page 8, Line 17November 2026 and, in such case, will take effect on the date of the
Page 8, Line 18official declaration of the vote thereon by the governor.".