Current law requires certain entities to file, or allows certain entities to voluntarily file, a clean energy plan to achieve an 80% reduction in greenhouse gas emissions caused by the entity's electricity sales in Colorado by 2030, relative to 2005 levels (2030 emission reductions). The act repeals current law stating that clean energy plans submitted by a cooperative electric association or a municipally owned utility under certain circumstances are deemed approved by the public utilities commission (commission) and requiring the division of administration in the department of public health and environment (division) to consult with the commission in verifying a clean energy plan submitted by a cooperative electric association or a municipally owned utility. The act also repeals current law stating that voluntary submission of a clean energy plan by a cooperative electric association or a municipally owned utility does not alter the entity's regulatory status with respect to the commission. A municipally owned utility that has encountered challenges in achieving the 2030 emission reductions may submit to the division, no later than December 31, 2026, an updated clean energy plan that demonstrates achievement of the 2030 emission reductions by the earliest date possible on or after December 31, 2029, but no later than December 31, 2032. A municipally owned utility that submits an updated clean energy plan to the division must:Provide a detailed generation and transmission plan to the division with the updated clean energy plan;Provide an annual report to the division beginning January 1, 2028, and continuing each year until December 31, 2033, that contains certain information related to the updated clean energy plan;Cease burning coal by December 31, 2032; andSeek to achieve certain additional reductions in greenhouse gas emissions without impairing the municipally owned utility's ability to maintain certain electric reliability standards. The updated clean energy plan must be verified by the division.(Note: This summary applies to this bill as enacted.)
The bill creates the Colorado clean energy permitting coordination office (office) in the Colorado energy office to provide coordination and technical assistance to owners or operators, local governments, and state permitting authorities regarding permitting for the construction, expansion, repowering, or material modification of a clean energy resource facility project (covered clean energy project).At the request of the owner or operator of a covered clean energy project (owner or operator) or a local government with jurisdiction over the covered clean energy project or that the owner or operator determines is likely to experience direct and significant impacts from the covered clean energy project (host community), the office must convene a meeting (application coordination meeting) to coordinate the filing of permit applications for the covered clean energy project that includes certain interested parties. Following an application coordination meeting, the office must prepare a coordinated permitting schedule for the covered clean energy project that identifies the permits and approvals likely to be required for the covered clean energy project and certain other information (coordinated permitting schedule).The office is required to develop and maintain a public dashboard (public dashboard) on the office's website for an owner or operator that receives a coordinated permitting schedule or that receives state technical assistance from the office.Effective July 1, 2027, at least 90 days before the owner or operator submits the first state permit application for a covered clean energy project, the owner or operator must submit a community engagement plan to the office and relevant state permitting authorities. A community engagement plan must identify host communities for the project and describe certain other community engagement efforts regarding the project.Effective July 1, 2027, an owner or operator must prepare a community benefit agreement and submit the community benefit agreement to the office and the parties participating in the covered clean energy project's application coordination meeting. The office is required to develop model community benefit agreement terms for a covered clean energy project and post the terms on the covered clean energy project's public dashboard or the office's website.The office is required to prioritize technical assistance and permitting readiness support for covered clean energy projects that repower or reuse retired or retiring fossil fuel generation sites, are located in coal transition communities, or are located on brownfield sites. On or before December 1, 2027, the office shall publish and update annually an inventory identifying coal plant and industrial sites and brownfield sites suitable for redevelopment for clean energy resource facilities and other key infrastructure considerations.Effective July 1, 2027, an owner or operator must develop and submit to the office a safety and emergency preparedness plan and coordinate with relevant local emergency management agencies and the Colorado division of homeland security and emergency management in implementing the safety and emergency preparedness plan. The office shall post a safety and emergency preparedness plan on the covered clean energy project's public dashboard or the office's website.Effective November 1, 2027, an owner or operator of a covered clean energy project must submit to the office a grid reliability and security statement. The office must coordinate with the public utilities commission and utilities as appropriate to align permitting readiness with grid reliability needs.On or before December 1, 2027, and on or before each December 1 thereafter, the office must submit a report to certain committees of the general assembly summarizing certain information about the functions of the office.(Note: This summary applies to this bill as introduced.)
The act establishes a first and preferred opportunity for available employment for coal transition workers in coal transition communities (hiring preference). A business entity located in a coal transition community that is engaged in the business of constructing or operating railroads, utilities, energy generation facilities, or advanced manufacturing facilities (covered business) is required to comply with the hiring preference. A covered business does not include the state government or a local government. A covered business is required to make good faith efforts to provide a hiring preference to a coal transition worker who meets the qualifications for an employment position (qualified coal transition worker). A covered business may hire an individual who is not a qualified coal transition worker only if a qualified coal transition worker did not apply for employment with the covered business, each qualified coal transition worker declined a job offer from a covered business, or a qualified coal transition worker's qualifications did not meet the qualifications of other candidates for the same job. If a qualified coal transition worker applies for employment with a covered business, the covered business is required to report specified information annually to the just transition office. The executive director is required to adopt policies and procedures to implement the act. A hiring preference does not apply if a covered business places an existing employee in another employment position with the covered business or to the extent that a hiring preference conflicts with the terms of a collective bargaining agreement that applies to the relationship between a covered business and its employees. Currently, a public entity is not allowed to invest public funds in certain types of investments, such as equity instruments, instruments convertible to equity, or equity interests, or to deposit public funds with any person except certain depository institutions, which are primarily banks. The act authorizes a public entity to deposit or invest, either directly or through an investment firm or other third party authorized by the public entity, public funds from a payment or settlement that the public entity has received to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station in any investment permitted by an investment policy approved by the public entity.(Note: This summary applies to this bill as enacted.)