House Committee of Reference Report
Committee on Energy & Environment
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April 30, 2026
After consideration on the merits, the Committee recommends the following:
SB26-142 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 6, strike lines 4 through 8 and substitute:
Page 1, Line 3"(4) A local government or a private entity on behalf of
Page 1, Line 4a local government, other than a private entity that is a utility
Page 1, Line 5regulated by the public utilities commission or an affiliate of a
Page 1, Line 6public utility, as defined in section 40-3-104.3 (4)(b), that
Page 1, Line 7operates, maintains, or manages a thermal energy network is
Page 1, Line 8not a considered a municipal".
Page 1, Line 9Page 6, line 11, after "(5) (a)" insert "(I)".
Page 1, Line 10Page 6, after line 19 insert:
Page 1, Line 11"(II) Nothing in this section shall be construed as
Page 1, Line 12impacting the statutory requirements related to the local
Page 1, Line 13government acquisition of electrical distribution
Page 1, Line 14infrastructure.".
Page 1, Line 15Page 8, after line 3 insert:
Page 1, Line 16"(10) (a) A public electric utility that has a certificate of
Page 1, Line 17public convenience and necessity issued by the public utilities
Page 1, Line 18commission to provide retail electric service in the territory
Page 1, Line 19where a thermal energy network facility is located has the
Page 1, Line 20exclusive right to provide electric service to the thermal
Page 1, Line 21energy network facility; except that this subsection (10) does
Page 1, Line 22not impact a customer's right to utilize retail distributed
Page 1, Line 23generation, as defined in section 40-2-124 (1)(a)(VIII).
Page 2, Line 1(b) Nothing in this section shall be construed as impacting
Page 2, Line 2the statutory requirements related to a public electric utility
Page 2, Line 3obtaining a certificate of public convenience and necessity
Page 2, Line 4issued by the public utilities commission.
Page 2, Line 5(11) (a) Emission reductions associated with a thermal
Page 2, Line 6energy network that is operating in accordance with this
Page 2, Line 7section and that is within the service territory of a public
Page 2, Line 8utility that is required to file a clean heat plan with the public
Page 2, Line 9utilities commission pursuant to section 40-3.2-108 shall be
Page 2, Line 10counted as part of the public utility's emission reduction
Page 2, Line 11calculations related to the utility's clean heat plan, even if the
Page 2, Line 12thermal energy network is constructed or operated without
Page 2, Line 13utility investment or participation.
Page 2, Line 14(b) The public utilities commission shall prohibit the
Page 2, Line 15double counting of emission reductions associated with a
Page 2, Line 16thermal energy network.
Page 2, Line 17(c) A local government that constructs, develops, or
Page 2, Line 18operates a thermal energy network shall notify the public
Page 2, Line 19utility that provides utility service to the location where the
Page 2, Line 20thermal energy network is located that the local government
Page 2, Line 21will construct, develop, or operate a thermal energy network
Page 2, Line 22prior to beginning construction of the thermal energy network
Page 2, Line 23in order to allow for coordination between the local
Page 2, Line 24government and the public utility related to the utility' clean
Page 2, Line 25heat plan, to the extent practicable.".