A Bill for an Act
Page 1, Line 101Concerning removal of wind generation as a clean energy
Page 1, Line 102source related to the state's clean energy goals.
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 removes wind energy as an eligible renewable energy resource under Colorado's renewable energy standard and removes wind energy generation from consideration for the state's clean energy targets.
Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 1SECTION 1. In Colorado Revised Statutes, 40-2-124, amend
Page 2, Line 2(1)(a)(VII) as follows:
Page 2, Line 340-2-124. Renewable energy standards - qualifying retail and
Page 2, Line 4wholesale utilities - definitions - net metering - legislative declaration
Page 2, Line 5- rules.
Page 2, Line 6(1) Each provider of retail electric service in the state of Colorado,
Page 2, Line 7other than municipally owned utilities that serve forty thousand customers
Page 2, Line 8or fewer, is a qualifying retail utility. Each qualifying retail utility, with
Page 2, Line 9the exception of cooperative electric associations that have voted to
Page 2, Line 10exempt themselves from commission jurisdiction pursuant to section
Page 2, Line 1140-9.5-104 and municipally owned utilities, is subject to the rules
Page 2, Line 12established under this article 2 by the commission. No additional
Page 2, Line 13regulatory authority is provided to the commission other than that
Page 2, Line 14specifically contained in this section. In accordance with article 4 of title
Page 2, Line 1524, the commission shall revise or clarify existing rules to establish the
Page 2, Line 16following:
Page 2, Line 17(a) Definitions of eligible energy resources that can be used to
Page 2, Line 18meet the standards. "Eligible energy resources" means recycled energy,
Page 2, Line 19renewable energy resources, and renewable energy storage. In addition,
Page 2, Line 20resources using coal mine methane and synthetic gas produced by
Page 2, Line 21pyrolysis of waste materials are eligible energy resources if the
Page 2, Line 22commission determines that the electricity generated by those resources
Page 2, Line 23is greenhouse gas neutral. The commission shall determine, following an
Page 2, Line 24evidentiary hearing, the extent to which such electric generation
Page 2, Line 25technologies utilized in an optional pricing program may be used to
Page 2, Line 26comply with this standard. A fuel cell using hydrogen derived from an
Page 2, Line 27eligible energy resource is also an eligible electric generation technology.
Page 3, Line 1Fossil and nuclear fuels and their derivatives are not eligible energy
Page 3, Line 2resources. As used in this section:
Page 3, Line 3(VII) "Renewable energy resources" means solar,
wind,Page 3, Line 4geothermal, biomass that is greenhouse gas neutral, new hydroelectricity
Page 3, Line 5with a nameplate rating of ten megawatts or less, and hydroelectricity in
Page 3, Line 6existence on January 1, 2005, with a nameplate rating of thirty megawatts
Page 3, Line 7or less and that does not require the construction of any new dams or
Page 3, Line 8reservoirs. Notwithstanding any other provision of this subsection
Page 3, Line 9(1)(a)(VII), a biomass electric generation facility that was in existence on
Page 3, Line 10or before January 1, 2021, or that has a nameplate rating of ten megawatts
Page 3, Line 11or less, shall be considered a renewable energy resource.
Page 3, Line 12SECTION 2. In Colorado Revised Statutes, 40-2-125.5, add
Page 3, Line 13(2)(b)(III) as follows:
Page 3, Line 1440-2-125.5. Carbon dioxide emission reductions - goal to
Page 3, Line 15eliminate by 2050 - legislative declaration - interim targets -
Page 3, Line 16submission and approval of plans - definitions - cost recovery -
Page 3, Line 17reports - rules.
Page 3, Line 18(2) Definitions. As used in this section, unless the context
Page 3, Line 19otherwise requires:
Page 3, Line 20(b) (III) "Clean energy resource" does not include wind
Page 3, Line 21energy.
Page 3, Line 22SECTION 3. Act subject to petition - effective date -
Page 3, Line 23applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 3, Line 24the expiration of the ninety-day period after final adjournment of the
Page 3, Line 25general assembly (August 12, 2026, if adjournment sine die is on May 13,
Page 3, Line 262026); except that, if a referendum petition is filed pursuant to section 1
Page 3, Line 27(3) of article V of the state constitution against this act or an item, section,
Page 4, Line 1or part of this act within such period, then the act, item, section, or part
Page 4, Line 2will not take effect unless approved by the people at the general election
Page 4, Line 3to be held in November 2026 and, in such case, will take effect on the
Page 4, Line 4date of the official declaration of the vote thereon by the governor.
Page 4, Line 5(2) This act applies to clean energy plans filed and renewable
Page 4, Line 6energy credits applied for on or after the applicable effective date of this
Page 4, Line 7act.