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, and regulating
Page 1, Line 106retail electric vehicle charging.
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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 the department.
Page 2, Line 12(d) "Retail electric vehicle charging" means a publicly
Page 2, Line 13accessible electric vehicle charging station where a charge for
Page 3, Line 1service is based wholly or partially on the quantity of electricity dispensed in vehicle fuel applications.
Page 3, Line 2(2) (a) (I) On or before July 1, 2026, the director shall
Page 3, Line 3adopt rules concerning retail electric vehicle charging. The
Page 3, Line 4rules must set forth minimum standards relating to
Page 3, Line 5specifications and tolerances for retail electric vehicle
Page 3, Line 6charging equipment and methods of retail sale at publicly
Page 3, Line 7accessible electric vehicle charging stations to promote consistency in the marketplace.
Page 3, Line 8(II) The director shall consult with the director of the
Page 3, Line 9Colorado energy office, created in section 24-38.5-101, before
Page 3, Line 10initiating a rule-making proceeding on or modifying rules concerning retail electric vehicle charging.
Page 3, Line 11(b) The division shall begin enforcing the rules required
Page 3, Line 12by this subsection (2) on July 1, 2027, for all retail electric
Page 3, Line 13vehicle charging stations installed on or after July 1, 2026.
Page 3, Line 14Retail electric vehicle charging stations installed before July
Page 3, Line 151, 2026, must comply with the schedule outlined in the rules. The
Page 3, Line 16director may modify the rules at the director's discretion,
Page 3, Line 17utilizing a public stakeholder process and providing advance notice for any proposed modifications.
Page 3, Line 18(c) Each rule required by this subsection (2) must be
Page 3, Line 19reasonably necessary for the protection of the health, welfare,
Page 3, Line 20and safety of the public and persons using retail electric
Page 3, Line 21vehicle charging stations, and the rules must substantially
Page 3, Line 22conform with the generally accepted standards of safety
Page 3, Line 23concerning electric vehicle charging. The director shall adopt the rules in accordance with article 4 of title 24.
Page 4, Line 1(3) This section does not apply to retail electric vehicle
Page 4, Line 2charging stations that are owned, maintained, or used by a public utility as described in section 40-1-103.
Page 4, Line 3SECTION 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 424-38.5-103. Electric vehicle grant fund - creation -
Page 4, Line 5administration - legislative declaration. (1) (a) (I) There is created in
Page 4, Line 6the 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 7(B) Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section;
andPage 4, Line 8(D) Support or directly engage in operational and policy
Page 4, Line 9work to support electric vehicle adoption, electric vehicle
Page 4, Line 10charging, and affordable, clean electricity for electric
Page 4, Line 11vehicles, including covering the administrative costs of this work; and
Page 4, Line 12(E) Support the development and enforcement of retail
Page 4, Line 13electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.
Page 4, Line 14SECTION 4. In Colorado Revised Statutes, 24-38.5-303, amend (7)(c)(II); and add (7)(c)(III) as follows:
Page 4, Line 1524-38.5-303. Community access enterprise - creation - board
Page 4, Line 16- powers and duties - fund - fee - transparency and reporting.
Page 4, Line 17(7) (c) (II) The enterprise is authorized to adjust the amount of the
Page 4, Line 18community access retail delivery fee for retail deliveries of tangible
Page 4, Line 19personal property purchased during a state fiscal year.
only if thePage 5, Line 1
department of revenue adjusts the amount of the retail delivery feePage 5, Line 2
imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal yearPage 5, Line 3(7) (c) (III) (A) Notwithstanding subsection (7)(c)(I) of this
Page 5, Line 4section, if imposing the community access retail delivery fee in
Page 5, Line 5any amount would cause the enterprise to receive more than one
Page 5, Line 6hundred million dollars in total fee revenue in its first five
Page 5, Line 7fiscal years, which five-year period for the purpose of section
Page 5, Line 824-77-108 ends on June 30, 2026, the enterprise shall impose the
Page 5, Line 9community access retail delivery fee in a lower amount for all
Page 5, Line 10or a portion of a state fiscal year. Any reduction in the amount
Page 5, Line 11of the fee imposed pursuant to this subsection (7)(c)(III) does not
Page 5, Line 12reduce the maximum amount of the fee that the enterprise may impose in any subsequent state fiscal year.
Page 5, Line 13(B) Notwithstanding subsection (7)(c)(I) of this section, if
Page 5, Line 14the enterprise imposes a lower fee amount pursuant to this
Page 5, Line 15subsection (7)(c)(III), the enterprise shall notify the department
Page 5, Line 16of revenue of the lower amount of the community access retail
Page 5, Line 17delivery fee to be collected no later than thirty days after the
Page 5, Line 18date of the decision of the governing board to lower the fee and
Page 5, Line 19the department of revenue shall publish the lower amount on
Page 5, Line 20the first of the month following notification from the
Page 5, Line 21enterprise of the lower fee amount, but not later than sixty days following such notification.
Page 5, Line 22SECTION 5. Act subject to petition - effective date. This act
Page 5, Line 23takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 24ninety-day period after final adjournment of the general assembly; except
Page 6, Line 1that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 6, Line 2of the state constitution against this act or an item, section, or part of this
Page 6, Line 3act within such period, then the act, item, section, or part will not take
Page 6, Line 4effect unless approved by the people at the general election to be held in
Page 6, Line 5November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.