House Bill 25-1267 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning support for statewide energy strategies, and, in

• Page 1, Line 102connection therewith, modifying the electric vehicle

• Page 1, Line 103grant fund within the Colorado energy office,

• Page 1, Line 104allowing the community access enterprise to reduce

• Page 1, Line 105the retail delivery fee it imposes, regulating retail

• Page 1, Line 106electric vehicle charging, and making an

• Page 1, Line 107appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill requires the director of the division of oil and public safety in the department of labor and employment to adopt rules concerning retail electric vehicle charging by July 1, 2026, and to enforce the rules beginning July 1, 2027. The bill also broadens the allowable uses of money in the electric vehicle grant fund within the Colorado energy office to include:

• Operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric motor vehicles, including covering the administrative costs of this work; and
• Support for the development and enforcement of retail electric vehicle charging rules by the division of oil and public safety.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 8-20-102, add (5) as follows:

• Page 2, Line 38-20-102.  Duties of director of division of oil and public safety

• Page 2, Line 4- rules. (5)  The director of the division of oil and public safety

• Page 2, Line 5shall adopt and enforce rules concerning retail electric vehicle charging as outlined in section 8-20-107.

• Page 2, Line 6SECTION 2.  In Colorado Revised Statutes, add 8-20-107 as follows:

• Page 2, Line 78-20-107.  Retail electric vehicle charging - rules - definitions.

• Page 2, Line 8(1)  As used in this section, unless the context otherwise requires:

• Page 2, Line 9(a)  "Department" means the department of labor and employment.

• Page 2, Line 10(b)  "Director" means the director of the division.

• Page 2, Line 11(c)  "Division" means the division of oil and public safety in

• Page 2, Line 12the department.

• Page 3, Line 1(d)  "Retail electric vehicle charging" means a publicly

• Page 3, Line 2accessible electric vehicle charging station where a charge for

• Page 3, Line 3service is based wholly or partially on the quantity of electricity dispensed in vehicle fuel applications.

• Page 3, Line 4(2) (a) (I)  On or before July 1, 2026, the director shall

• Page 3, Line 5adopt rules concerning retail electric vehicle charging. The

• Page 3, Line 6rules must set forth minimum standards relating to

• Page 3, Line 7specifications and tolerances for retail electric vehicle

• Page 3, Line 8charging equipment and methods of retail sale at publicly

• Page 3, Line 9accessible electric vehicle charging stations to promote consistency in the marketplace.

• Page 3, Line 10(II)  The director shall consult with the director of the

• Page 3, Line 11Colorado energy office, created in section 24-38.5-101, before

• Page 3, Line 12initiating a rule-making proceeding on or modifying rules concerning retail electric vehicle charging.

• Page 3, Line 13(b)  The division shall begin enforcing the rules required

• Page 3, Line 14by this subsection (2) on July 1, 2027, for all retail electric

• Page 3, Line 15vehicle charging stations installed on or after July 1, 2026.

• Page 3, Line 16Retail electric vehicle charging stations installed before July

• Page 3, Line 171, 2026, must comply with the schedule outlined in the rules. The

• Page 3, Line 18director may modify the rules at the director's discretion,

• Page 3, Line 19utilizing a public stakeholder process and providing advance notice for any proposed modifications.

• Page 3, Line 20(c)  Each rule required by this subsection (2) must be

• Page 3, Line 21reasonably necessary for the protection of the health, welfare,

• Page 3, Line 22and safety of the public and persons using retail electric

• Page 3, Line 23vehicle charging stations, and the rules must substantially

• Page 4, Line 1conform with the generally accepted standards of safety

• Page 4, Line 2concerning electric vehicle charging. The director shall adopt the rules in accordance with article 4 of title 24.

• Page 4, Line 3(3)  This section does not apply to retail electric vehicle

• Page 4, Line 4charging stations that are owned, maintained, or used by a public utility as described in section 40-1-103.

• Page 4, Line 5SECTION 3.  In Colorado Revised Statutes, 24-38.5-103, amend (1)(a)(I)(B); and add (1)(a)(I)(D) and (1)(a)(I)(E) as follows:

• Page 4, Line 624-38.5-103.  Electric vehicle grant fund - creation -

• Page 4, Line 7administration - legislative declaration. (1) (a) (I)  There is created in

• Page 4, Line 8the state treasury the electric vehicle grant fund, referred to in this section as the "fund". The Colorado energy office shall use the fund to:

• Page 4, Line 9(B)  Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section; and

• Page 4, Line 10(D)  Support or directly engage in operational and policy

• Page 4, Line 11work to support electric vehicle adoption, electric vehicle

• Page 4, Line 12charging, and affordable, clean electricity for electric

• Page 4, Line 13vehicles, including covering the administrative costs of this work; and

• Page 4, Line 14(E)  Support the development and enforcement of retail

• Page 4, Line 15electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.

• Page 4, Line 16SECTION 4.  In Colorado Revised Statutes, 24-38.5-303, amend (7)(c)(II); and add (7)(c)(III) as follows:

• Page 4, Line 1724-38.5-303.  Community access enterprise - creation - board

• Page 4, Line 18- powers and duties - fund - fee - transparency and reporting.

• Page 4, Line 19(7) (c) (II)  The enterprise is authorized to adjust the amount of the

• Page 5, Line 1community access retail delivery fee for retail deliveries of tangible

• Page 5, Line 2personal property purchased during a state fiscal year. only if the

• Page 5, Line 3department of revenue adjusts the amount of the retail delivery fee

• Page 5, Line 4imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year .

• Page 5, Line 5(7) (c) (III) (A)  Notwithstanding subsection (7)(c)(I) of this

• Page 5, Line 6section, if imposing the community access retail delivery fee in

• Page 5, Line 7any amount would cause the enterprise to receive more than one

• Page 5, Line 8hundred million dollars in total fee revenue in its first five

• Page 5, Line 9fiscal years, which five-year period for the purpose of section

• Page 5, Line 1024-77-108 ends on June 30, 2026, the enterprise shall impose the

• Page 5, Line 11community access retail delivery fee in a lower amount for all

• Page 5, Line 12or a portion of a state fiscal year. Any reduction in the amount

• Page 5, Line 13of the fee imposed pursuant to this subsection (7)(c)(III) does not

• Page 5, Line 14reduce the maximum amount of the fee that the enterprise may impose in any subsequent state fiscal year.

• Page 5, Line 15(B)  Notwithstanding subsection (7)(c)(I) of this section, if

• Page 5, Line 16the enterprise imposes a lower fee amount pursuant to this

• Page 5, Line 17subsection (7)(c)(III), the enterprise shall notify the department

• Page 5, Line 18of revenue of the lower amount of the community access retail

• Page 5, Line 19delivery fee to be collected no later than thirty days after the

• Page 5, Line 20date of the decision of the governing board to lower the fee and

• Page 5, Line 21the department of revenue shall publish the lower amount on

• Page 5, Line 22the first of the month following notification from the

• Page 5, Line 23enterprise of the lower fee amount, but not later than sixty days following such notification.

• Page 5, Line 24SECTION 5.  Appropriation. (1)  For the 2025-26 state fiscal

• Page 6, Line 1year, $225,320 is appropriated to the department of labor and employment

• Page 6, Line 2for use by the division of oil and public safety. This appropriation is from

• Page 6, Line 3reappropriated funds received from the office of the governor that is

• Page 6, Line 4continuously appropriated to the Colorado energy office from the electric

• Page 6, Line 5vehicle grant fund created in section 24-38.5-103 (1)(a)(I), C.R.S. To implement this act, the division may use this appropriation as follows:

• Page 6, Line 6(a) $87,844 for personal services, which amount is based on an assumption that the division will require an additional 1.2 FTE; and

• Page 6, Line 7(b) $137,476 for operating expenses.

• Page 6, Line 8SECTION 6.  Act subject to petition - effective date. This act

• Page 6, Line 9takes effect at 12:01 a.m. on the day following the expiration of the

• Page 6, Line 10ninety-day period after final adjournment of the general assembly; except

• Page 6, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 6, Line 12of the state constitution against this act or an item, section, or part of this

• Page 6, Line 13act within such period, then the act, item, section, or part will not take

• Page 6, Line 14effect unless approved by the people at the general election to be held in

• Page 6, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.