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Legislative Review Committee Agenda
January 22, 2018
3:00-4:00
Commons Conference Room, City Hall, 300 LaPorte Ave., Building A
1. Approval of minutes from December 11, 2017 Meeting (3 minutes)
Attached: December 11th Minutes
2. Agenda Review (3 minutes)
3. Update from Bowditch and Cassell (10 minutes)
4. Bill Review (35 minutes)
• Bill Report can be found here (also attached in packets)
• Bill review:
o Recommended support
o Recommended oppose
o Recommended monitor
o Bills of priority for lobbyists
* note: there is no bill tracker attached to this agenda, we will populate the bill tracker at this meeting
5. Standi ng agenda item: CC4CA update (3 minute s)
• Verbal update, no memo attached
6. Other business (5 minutes)
• NLC trip, suggested visits
1
Legislative Review Committee
Meeting Minutes
December 11 , 2017 3:00 p.m.
Commons Conference Room
Councilmembers Present: Ken Summers, Ray Martinez, and Bob Overbeck
Staff Present: Jeanne Sanford , Ginny Sawyer, Jeff Mihelich, Tyler Marr, Carrie Daggett, Lindsay
Ex, Lisa Rosintoski
Others Present: Senator John Kefalas, Representative Jeni Arndt, Kevin Jones, Dale Adamy
The meeting came to order at 3:03 pm.
Approval of Minutes
LRC approved the minutes of the November 13th meeting unanimously (Martinez motion,
Overbeck second).
Preview of 2018 Legislative Session
• Sawyer shared the City’s recently approved Legislative Policy Agenda and plan for 2018
session to utilize a bill tracker and review bills every two weeks with the Legislative
Review Committee
• Senator Kefalas shared that he plans to introduce bills related to human trafficking of
minors (safe harbor law), emergency department disclosure (pre-screening and post-
screening disclosure), and improving the quality and coordination of care related to
suicide and opioid abuse (step-down process). He is also contemplating bills related to
work -force development including employment first for those with developmental
disabilities and also affordable housing and manufactured housing.
o He ser ves on the health and human services, and local government committees
o He also serves on the capital development committee and the health exchange
oversight group, and the behavioral health transformation council
• Representative Arndt shared that she prioritizes bills to run that originate from her
district, her year -round committees, the Department of Ag, and lastly special interest
groups. She plans to introduce 21 bills. Topics will be related to molybdenum levels and
studying the impacts on higher levels in the water stream, technologically enhanced
radiological materials and related regulations (TNORM), reusable water for toilet
flushing, and edible crops and abilit y to use non -potable water
o Representative Arndt is Chair of the Ag, Livestock committee, co-chair of water
impact committee, and serves on the business committee and statutory review
committee
o Also serves as advisor to the commission on higher ed
• Councilmember Martinez asked what Senator Kefalas had in mind related to
developmental disabilities. The Senator shared one example of ensuring the job coaches
have the proper trainings/certifications to help those with disabilities. Additionally,
potentially adding more resources for the state to collect better data.
2
• Councilmember Martinez asked if the suicide prevention/opioid abuse bill was intended
to address both issues together or separately. Senator Kefalas explained that he hopes to
transfer certain educational principles tried in Massachusetts to looking at both suicide
prevention and opioid abuse in Colorado.
• Councilmember Overbeck inquired about tie-ins between what’s being done in Larimer
County related to suicide and the potential bill. Senator Kefalas said the plan is to tie-in
principles and that his plan aligns well. Councilmember Overbeck shared bout a session
he recently attended related to new views and trainings pertaining to substance abuse.
• Councilmember Overbeck also asked if his plan with the workforce development bill is
to encourage entities like the City to hire people with developmental disabilities. The
Senator said he envisioned a review of HR policies to align with new research and best
practices.
• Senator Kefalas shared that an upcoming conversation will again be around
transportation infrastructure and what kind of dedicated revenues should be allocated. He
also foretold six bills coming out of the opioid study committee.
• Representative Arndt believes that the upcoming session will be very political and that
the Special Session earlier this year did not kick things off to a strong start. She also
shared that there is an abnormally large number of term-limited legislators or those
seeking other office.
• Jennifer Cassell gave a presentation overviewing a general idea of what to expect in the
2018 session. Some key highlights were:
o Expectation is that being an election year, things will be extremely partisan.
o State budget will continue to be tight, though there is about 6% growth in the state
budget.
o Governor’s budget focused largely on education, corrections department, the
Colorado Energy Office, and increasing the rainy day fund from 6.5% to 7.0%
o Major legislative issues include the PERA $32 billion shortfall, housing,
broadband, marijuana, records privacy, and public safety
Other Business
• LRC members indicated that Monday’s are working well. It was requested that the time
be moved up to 2:30 or 2:45.
• Kevin Gertig shared a potential letter to the delegation related to the Water Security
Division of the EPA. All hazards training, resiliency planning, etc. all relate to the Water
Security Division and the funding is important to these efforts. Councilmembers
requested that staff reach out to the delegation to see where they stand on this issue and
take further action if needed from there.
Adjourned at 4:18 PM
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HB18-1022 DOR Department Of Revenue Issue Sales Tax Request For Information
Comment:
Position:
Calendar
Notification:
Thursday, January 18 2018 Business Affairs and Labor 1:30 p.m. Room LSB-A (1) in house calendar.
News:
Sponsors:L. Sias | T. Kraft-Tharp / T. Neville | C. Jahn
Summary:Sales and Use Tax Simplification Task Force. The bill requires the department of revenue to issue a request for
information for an electronic sales and use tax simplification system that the state or any local government that levies
a sales or use tax, including a home rule municipality and county, could choose to use that would provide
administrative simplification to the state and local sales and use tax system. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In House - Assigned to Business Affairs and Labor Fiscal Notes Status:Fiscal note currently unavailable
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Status History:Status History
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HB18-1054 Affordable Housing Plastic Shopping Bag Tax
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
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News:
Sponsors:P. Rosenthal / L. Court
Summary:Contingent on prior voter approval, if a store that meets certain criteria provides any plastic shopping bags to a
customer, then the store is required to collect a tax of 25 cents from the customer. The tax is the same regardless of
the number of bags provided as part of a transaction, but does not apply if the customer is enrolled in the federal
supplemental nutrition assistance program. The store is required to remit the tax revenue to the department of
revenue (department) after keeping 1% of the taxes to cover the store's collection and remittance expenses. The
department may require a store to make returns and payments electronically.
To comply with the Taxpayer's Bill of Rights (TABOR), a ballot issue about the plastic shopping bag tax is
referred to the voters at the November 2018 election. If the voters reject the tax, then the entire article containing the
tax is repealed. If the voters approve the tax, then the tax will be imposed beginning January 1, 2019.
The tax revenue is deposited in the general fund via the old age pension fund. Then, an amount equal to the
department's administrative expenses is transferred to the newly created plastic shopping bag tax administration cash
fund and the remainder of the tax revenue is deposited in the housing development grant fund. The division of
housing in the department of local affairs is required to use the money in the housing development grant fund for the
existing purposes of the fund, which is to improve, preserve, or expand the supply of affordable housing in Colorado.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In House - Assigned to Local Government + Finance + Appropriations Fiscal Notes Status:Fiscal note currently unavailable
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Comments:
Status History:Status History
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HB18-1061 No Encryption Of Dispatch Radio Communications
Comment:
Position:
Calendar
Notification:
Thursday, January 18 2018 State, Veterans, & Military Affairs
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Upon Adjournment Room LSB-A (2) in house calendar.
News:
Sponsors:K. Van Winkle
Summary:The bill states that each entity of the state government and each entity of the government of each city, county, and
city and county (government entity) shall broadcast its dispatch radio communications without encryption such that
the communications may be monitored by commercially available radio receivers and scanners; except that:
A government entity may encrypt tactical radio communications or investigative radio communications so
long as the encryption is necessary to preserve the tactical integrity of an operation, protect the safety of law
enforcement officers or other emergency responders, or prevent the destruction of property; and
An investigative unit of a government entity engaged in the investigation of criminal conduct or potential
criminal conduct may encrypt its radio communications.
Any government entity that encrypts any of its dispatch radio communications shall disclose on its public website
and make available for public inspection a list of its radio communication channels, a description of the functions
allocated to those channels, and an indication of which of the channels are always encrypted or sometimes encrypted.
In describing the functions of the channels, the government entity shall indicate whether each channel is used for
tactical radio communications or investigative radio communications.
Any person has standing to bring an action for injunctive relief in district court against any sheriff, chief of
police, fire chief, or other administrative head of any government entity for an allegedly unlawful encryption of
dispatch radio communications.
Any person who monitors dispatch radio communications of a government entity for the purpose of
perpetrating or attempting to perpetrate criminal activity or assisting another person in the furtherance of criminal
activity commits a class 3 misdemeanor.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In House - Assigned to State, Veterans, & Military Affairs Fiscal Notes Status:Fiscal note currently unavailable
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Status History:Status History
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1/17/2018 Bill Reports | State Bill Colorado
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HB18-1067 Right To Rest Act
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:J. Salazar | J. Melton
Summary:The bill creates the 'Colorado Right to Rest Act', which establishes basic rights for persons experiencing
homelessness, including, but not limited to, the right to use and move freely in public spaces, to rest in public spaces,
to eat or accept food in any public space where food is not prohibited, to occupy a legally parked vehicle, and to have
a reasonable expectation of privacy of one's property. The bill does not create an obligation for a provider of services
for persons experiencing homelessness to provide shelter or services when none are available. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In House - Assigned to Local Government Fiscal Notes Status:Fiscal note currently unavailable
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Status History:Status History
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HB18-1072 Red Light Camera Repeal
Comment:
Position:
Calendar
Notification:
Wednesday, February 14 2018 House Transportation & Energy 1:30 p.m. Room 0112 (1) in house calendar.
News:
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Sponsors:S. Humphrey / T. Neville
Summary:The bill repeals the authorization for the state, a county, a city and county, or a municipality to use automated vehicle
identification systems (including red light cameras) to identify violators of traffic regulations and issue citations
based on photographic evidence and creates a prohibition on such activity.
The bill repeals the authorization for the department of public safety to use an automated vehicle
identification system to detect speeding violations within a highway maintenance, repair, or construction zone. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In House - Assigned to Transportation & Energy Fiscal Notes Status:Fiscal note currently unavailable
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Comments:
Status History:Status History
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SB18-001 Transportation Infrastructure Funding
Comment:
Position:
Calendar
Notification:
Tuesday, January 23 2018 SENATE TRANSPORTATION COMMITTEE 2:00 PM SCR 352 (1) in senate calendar.
News:
Sponsors:R. Baumgardner | J. Cooke / T. Carver | P. Buck
Summary:In 1999, the voters of the state authorized the executive director of the department of transportation (executive
director) to issue transportation revenue anticipation notes (TRANs) in a maximum principal amount of $1.7 billion
and with a maximum repayment cost of $2.3 billion in order to provide financing to accelerate the construction of
qualified federal aid transportation projects. The executive director issued the TRANs as authorized, and the TRANs
have been fully repaid.
Section 8 of the bill requires the transportation commission (commission) to submit a ballot question to the
voters of the state at the November 2018 statewide election, which, if approved:
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Would authorize the executive director to issue additional TRANs in a maximum principal amount of $3.5
billion and with a maximum repayment cost of $5 billion; and
Would, in conjunction with sections 3, 4, and 7, repeal current law, enacted by Senate Bill 17-267, that
requires the state treasurer to execute lease-purchase agreements of up to $1.88 billion for the purpose of funding
high-priority qualified federal aid transportation projects.
The additional TRANs must have a maximum repayment term of 20 years, and the certificate, trust indenture, or
other instrument authorizing their issuance must provide that the state may pay them in full before the end of the
specified payment term without penalty. Additional TRANs must otherwise generally be issued subject to the same
requirements and for the same purposes as the original TRANs; except that the commission must pledge to annually
allocate from legally available money under its control any money needed for payment of the notes until the notes are
fully repaid. Section 9 requires TRANs proceeds not otherwise pledged for TRANs payments to be credited to the
state highway fund.
On and after July 1, 2018, section 5 requires 10% of state sales and use tax net revenue to be credited to the
state highway fund and used first to make TRANs payments. Section 6 specifies that state sales and use tax net
revenue credited to the state highway fund that is not expended to make TRANs payments and TRANs net proceeds
credited to the state highway fund must be used only for qualified federal aid transportation projects that are included
in the strategic transportation project investment program of the department of transportation (CDOT) and designated
for tier 1 funding as 10-year development program projects on CDOT's development program project list. At least
25% of the TRANs net proceeds must be used for projects in counties with populations of 50,000 or less and at least
10% of the TRANs net proceeds must be used for transit purposes or transit-related capital improvements. Section 7
requires CDOT to include specified information about the state sales and use tax net revenue and TRANs net
proceeds in its annual report to the senate transportation committee and the house transportation and energy
committee. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to Transportation Fiscal Notes Status:Fiscal note currently unavailable
Analyze This
Comments:
Status History:Status History
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SB18-003 Colorado Energy Office
Comment:
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Position:
Calendar
Notification:
Thursday, January 18 2018 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 1:30 PM SCR 357 (3) in senate calendar.
News:
Sponsors:R. Scott
Summary:Section 1 of the bill repeals the wind for schools grant program.
Section 2 repeals the renewable energy and energy efficiency for schools loan program.
Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air
quality control commission to support the increased use of woody biomass in bio-heating.
Section 4 removes the office's involvement in grants with the Colorado energy research institute for the
development of a central resource for building trade professionals.
Section 5 specifies that the director of the Colorado energy office is appointed by the governor, with the
consent of the senate.
Section 6 :
Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote;
Amends the office's requirement to develop and encourage increased utilization of energy curricula, and
expands the collaborative groups to include the energy industry and executive departments; and
Repeals certain programs for which the office is responsible.
Section 7 renames the clean and renewable energy fund as the energy fund and continues the general fund transfer to
the energy fund for 4 years and adds the authority to spend the money in the fund for educating the general public on
energy issues and opportunities.
Section 8 adds 4 years of funding for the innovative energy fund from the general fund and removes the
requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy
efficiency projects and policy development.
Section 9 repeals the office's authority to submit a proposal for credentialing photovoltaic installers.
Section 10 repeals the green building incentive pilot program.
Section 11 repeals the 'Colorado Clean Energy Finance Program Act'.
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Section 12 removes the office's responsibility to maintain a list of solar installers, the requirement for a
builder to offer that list to customers, and the requirement for the office to offer training on solar installations.
Section 13 removes an obsolete section of law pertaining to a computer system for tracking the movement of
gasoline or special fuel in the state.
Section 14 removes the office as the administrator of the Colorado carbon fund special license plate.
Section 15 makes conforming amendments. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status:Fiscal impact for this bill
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Comments:
Status History:Status History
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SB18-006 Recording Fee To Fund Attainable Housing
Comment:
Position:
Calendar
Notification:
Wednesday, January 31 2018 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 357 (2) in senate calendar.
News:
Sponsors:R. Zenzinger / F. Winter
Summary:Currently, each county clerk and recorder collects a surcharge of one dollar for each document received for recording
or filing in his or her office. The surcharge is in addition to any other fees permitted by statute. Section 2 of the bill
allows counties to impose an increased surcharge in the amount of $5 for documents received for recording or filing
on or after January 1, 2019.
In a county that has elected to collect the increased surcharge of $5, out of each $5 collected, the bill requires
the clerk to retain one dollar to be used to defray the costs of an electronic or core filing system in accordance with
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existing law. The bill requires the clerk to transmit the other $4 collected to the state treasurer, who is to credit the
same to the statewide attainable housing investment fund (fund).
Section 3 creates the fund in the Colorado housing and finance authority (authority). The bill specifies the
source of money to be deposited into the fund and that the authority is to administer the fund. The bill directs that, of
the money transmitted to the fund by the state treasurer, on an annual basis, not less than 25% of such amount must
be expended for the purpose of supporting new or existing programs that provide financial assistance to persons in
households with an income of up to 80% of the area median income for the purpose of allowing such persons to
finance, purchase, or rehabilitate single family residential homes as well as to provide financial assistance to any
nonprofit entity and political subdivision that makes loans to persons in such households to enable such persons to
finance, purchase, or rehabilitate single family residential homes.
Section 3 also requires the authority to submit a report, no later than June 1 of each year, specifying the use of
the fund during the prior calendar year to the governor and to the senate and house finance committees.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to State, Veterans, & Military Affairs Fiscal Notes Status:Fiscal impact for this bill
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Comments:
Status History:Status History
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SB18-007 Affordable Housing Tax Credit
Comment:
Position:
Calendar
Notification:
Tuesday, January 23 2018 SENATE FINANCE COMMITTEE 2:00 PM SCR 357 (1) in senate calendar.
News:
Sponsors:J. Tate | L. Guzman / J. Becker | C. Duran
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Summary:The bill changes the name of the existing low-income housing tax credit to the affordable housing tax credit. This
change is reflected in sections 1 and 3 of the bill.
Section 2 extends the period during which the Colorado housing and finance authority may allocate
affordable housing tax credits from December 31, 2019, to December 31, 2024. (Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to Finance Fiscal Notes Status:Fiscal note currently unavailable
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Comments:
Status History:Status History
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SB18-009 Allow Electric Utility Customers Install Energy Storage Equipment
Comment:
Position:
Calendar
Notification:
Thursday, January 25 2018 SENATE AGRICULTURE, NATURAL RESOURCES, & ENERGY COMMITTEE 1:30 PM SCR 357 (1) in senate calendar.
News:
Sponsors:K. Priola | S. Fenberg
Summary:The bill declares that consumers of electricity have a right to install, interconnect, and use electricity storage systems
on their property, and that this will enhance the reliability and efficiency of the electric grid, save money, and reduce
the need for additional electric generation facilities.
The bill directs the Colorado public utilities commission to adopt rules governing the installation,
interconnection, and use of customer-sited distributed electricity storage systems.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy
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Fiscal Notes Status:Fiscal note currently unavailable
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Comments:
Status History:Status History
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SB18-045 Repeal Architectural Paint Stewardship Act
Comment:
Position:
Calendar
Notification:
Thursday, January 25 2018 SENATE FINANCE COMMITTEE Upon Adjournment SCR 357 (1) in senate calendar.
News:
Sponsors:K. Lundberg / K. Ransom
Summary:The bill repeals the 'Architectural Paint Stewardship Act', which act requires architectural paint producers to create
paint stewardship programs for the recycling of architectural paint and to fund the paint stewardship programs by
charging assessments on retailers and distributors, who are then required to add the amount of the assessments to the
purchase price of containers of architectural paint sold in Colorado.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to Finance Fiscal Notes Status:Fiscal note currently unavailable
Analyze This
Comments:
Status History:Status History
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SB18-048 Protect Act Local Government Authority Oil & Gas Facilities
Comment:
Position:
Calendar
Notification:
Monday, January 29 2018 SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE 1:30 PM SCR 357 (2) in senate calendar.
News:
Sponsors:M. Jones / M. Foote
Summary:Section 1 of the bill specifies that the short title of the act is the 'Protect Act'.
Current law specifies that local governments have powers, commonly called 'House Bill 1041' powers, which
are a type of land use authority, over oil and gas mineral extraction areas only if the Colorado oil and gas
conservation commission has designated a specific area as an area of state interest; sections 3 and 4 repeal that
limitation.
Section 5 includes specific authority to regulate the siting of oil and gas facilities in counties' existing land
use authority. Section 6 makes the same changes with regard to municipalities' existing land use authority.
Sections 7 and 8 specify that the Colorado oil and gas conservation commission's authority to regulate oil
and gas operations, including the siting of oil and gas facilities, does not exempt an oil and gas facility from a local
government's siting authority and that an oil and gas operator must ensure that the location of an oil and gas facility
complies with city, town, county, or city and county siting regulations.
Sections 5, 6, and 8 specify that, notwithstanding any other provision of law, the governing body of a
municipality and a board of county commissioners may, in order to protect the public safety, health, and welfare of
the citizens of the local government, plan, zone, and refuse to allow oil and gas operations.
(Note: This summary applies to this bill as introduced.)
Status:1/10/2018 Introduced In Senate - Assigned to State, Veterans, & Military Affairs Fiscal Notes Status:Fiscal impact for this bill
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Comments:
Status History:Status History
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SB18-064 Require 100% Renewable Energy By 2035
Comment:
Position:
Calendar
Notification:
NOT ON CALENDAR
News:
Sponsors:M. Jones / M. Foote
Summary:The bill updates the renewable energy standard to require that all electric utilities, including cooperative electric
associations and municipally owned utilities, derive their energy from 100% renewable sources by 2035. The bill
also:
Removes recycled energy from the types of energy sources eligible for meeting the renewable energy
standard;
Allows a utility to obtain energy efficiency credits equal in value to renewable energy credits based on any
energy efficiency upgrades made for a low-income residential customer;
Removes multipliers used for counting certain renewable energy generated; and
Phases out the system of tradable renewable energy credits so that renewable energy generated after 2035 is
not eligible for renewable energy credits. (Note: This summary applies to this bill as introduced.)
Status:1/12/2018 Introduced In Senate - Assigned to Agriculture, Natural Resources, & Energy Fiscal Notes Status:Fiscal note currently unavailable
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Comments:
Status History:Status History
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