Colorado 2023 Regular Session Status: Enacted 3 D cosponsors

SB 23-198 — Clean Energy Plans

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 17, 2023. Enacted.

Signed by Governor Jared Polis (Democratic) on June 05, 2023.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Current law requires that certain entities submit a plan (clean energy plan) to the division of administration (division) in the department of public health and environment (department) and the public utilities commission (PUC) to reduce the entity's greenhouse gas emissions associated with the entity's electricity sales and to achieve at least an 80% reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales by 2030 relative to 2005 levels (2030 clean energy target). In addition to meeting the 2030 clean energy target, the act requires that any clean energy plan submitted to the division on or after January 1, 2024, achieve at least a 46% reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels if the achievement of the 46% reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost of no more than 2.5% of the entity's system costs (new clean energy plan requirements). As part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity that submits a clean energy plan to the division before January 1, 2024, is required to model: At least one portfolio that achieves the 2030 clean energy target; and At least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and the 2030 clean energy target. The act also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on: The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail electricity customers; and The greenhouse gas emissions from each resource that generates electricity and that is owned by the entity if the applicable greenhouse gas emissions are not otherwise required to be included in another entity's clean energy plan. The act also requires the division to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division, for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC, must: Calculate the percentage of reduction in greenhouse gas emissions achieved by December 31, 2027, relative to 2005 levels; and Determine whether each entity has obtained all of the resources necessary to achieve the 2030 clean energy target. If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the division determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the greenhouse gas emissions by the entity to ensure that the entity achieves the 2030 clean energy target and the division shall amend any of the entity's operating permits for sources of greenhouse gas emissions to ensure that the entity achieves the 2030 clean energy target. The act also requires: If a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts and emits greenhouse gases directly into the atmosphere to submit a clean energy plan to the division that covers all greenhouse gas emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf or submit a joint clean energy plan with another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for greenhouse gas emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets. No later than March 31, 2026, any entity that is required to submit a clean energy plan may inform the division in writing of any challenges that the entity is encountering in achieving the 2030 clean energy target (challenges). If an entity informs the division of any challenges, the division and the Colorado energy office must hold at least one stakeholder meeting in 2026 to discuss the challenges. If the entity informs the division that the entity is still encountering challenges after the stakeholder meeting, no later than December 31, 2026, the division shall report the challenges to the general assembly. The act defines "cooperative retail electric utility" as a retail electric utility that has: Indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative (cooperative retail electric utility) provider. A cooperative retail electric utility must submit a clean energy plan to the division no later than 24 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that the cooperative retail electric utility meets the new clean energy plan requirements and the 2030 clean energy target. Upon the request of the cooperative retail electric utility, certain entities must provide any emissions data in their possession that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. The act also defines "wholesale power marketer" as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies 300,000 megawatt-hours or more of electricity to entities in the state annually (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The greenhouse gas emissions associated with the retail electric utility's operations are not otherwise required to be included in another entity's clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer meets the new clean energy plan requirements and the 2030 clean energy target. A wholesale power marketer that supplies electricity to any entity must, upon request of the entity, provide any emissions data in its possession that is necessary for the entity to develop and submit a clean energy plan to the division. The act also defines "new electric utility" as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility meets the new clean energy plan requirements and the 2030 clean energy target. For the 2023-24 state fiscal year, the act appropriates $276,384 from the general fund to the department for the following uses: $189,420 for use by the air pollution control division for personal services related to stationary sources; $23,520 for use by the air pollution control division for operating expenses related to stationary sources; and $63,444 for legal services. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

23 added · 20 removed

Plain-language change summary

The changes made in the amendment to SB 23-198 include the addition of a note indicating that the bill includes all amendments adopted in the House of Introduction. Additionally, specific references to the legislative officers and the Governor have been removed, along with a reminder to consult the legislative status sheet for the latest updates on the bill's status. These changes streamline the presentation of the bill and clarify its legislative journey.

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First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
23-0897.01 Sarah Lozano x3858 SENATE BILL 23-198 SENATE SPONSORSHIP Winter F., HOUSE SPONSORSHIP Weissman, Senate Committees House Committees Transportation & Energy Appropriations A BILL FOR AN ACT C ONCERNINGTHEVERIFICATIONOFCLEANENERGYPLANSTOENSURE THAT THE PLANS ACHIEVE THE STATE S GREENHOUSE GAS EMISSION REDUCTION TARGETS , AND , IN CONNECTION THEREWITH ,MAKING AN APPROPRIATION .
23-0897.01 Sarah Lozano x3858 SENATE BILL 23-198 SENATE SPONSORSHIP Winter F.
Bill Summary (Note:
and Cutter, Coleman, Exum, Fields, Gonzales, Hansen, Jaquez Lewis, Marchman, Moreno, Priola, Sullivan HOUSE SPONSORSHIP Weissman, Senate Committees House Committees Transportation & Energy Appropriations A BILL FOR AN ACT C ONCERNINGTHEVERIFICATIONOFCLEANENERGYPLANSTOENSURE THAT THE PLANS ACHIEVE THE STATE 'S GREENHOUSE GAS EMISSION REDUCTION TARGETS , AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill 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.) Current law requires that certain entities submit a plan (clean g energyplan) to the divisionof administrationinthedepartment of public d health and environment (division) and the public utilities commission e 2 T R 2 A 2 1 Shading denotes HOUSE amendment.
Bill Summary e n 3 (Note:
This summary applies to this bill as introduced and does E m 0 T U , notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill N g 2 passes third reading in the house of introduction, a bill summary that S a r applies to the reengrossed version of this bill will be available at R A r http://leg.colorado.gov.) 3 Current law requires that certain entities submit a plan (clean energyplan) to the divisionof administrationinthedepartment of public I health and environment (division) and the public utilities commission E H T S A O Shading denotes HOUSE amendment.
E d i Capital letters or bold & italic numbers indicate new material to be added to existing law.
S Capital letters or bold & italic numbers indicate new material to be added to existing law.
e A A (PUC)toreducetheentity'sgreenhousegasemissionsassociatedwiththe entity's electricity sales and to achieve at least an 80% reduction in greenhousegasemissionscausedbytheentity'sColoradoretailelectricity sales by 2030 relative to 2005 levels (2030 clean energy target).
O S (PUC)toreducetheentity'sgreenhousegasemissionsassociatedwiththe entity's electricity sales and to achieve at least an 80% reduction in greenhousegasemissionscausedbytheentity'sColoradoretailelectricity sales by 2030 relative to 2005 levels (2030 clean energy target).
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Amendments

1 amendment

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Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Sent to the Governor

  4. Signed by the Speaker of the House

  5. House Third Reading Passed - No Amendments

  6. House Second Reading Special Order - Passed - No Amendments

  7. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  8. House Committee on Energy & Environment Refer Unamended to Appropriations

  9. Senate Third Reading Passed - No Amendments

  10. Introduced In House - Assigned to Energy & Environment

  11. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  12. Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

  13. Senate Committee on Transportation & Energy Refer Amended to Appropriations

  14. Introduced In Senate - Assigned to Transportation & Energy

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 0 co-sponsors · 98 not signed on · 17 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (98)

98 members have not signed on to this bill.

Show all 98 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 46 Yea · 19 Nay
Party YeaNayPresentNot Voting
Democrat 33000
Unaffiliated 13700
Republican 01200
Total 461900
% of votes cast 71%29%0%0%
How each member voted (65)
Member Party Vote
Armagost — Nay
Bird — Yea
Bockenfeld — Nay
Dickson — Yea
Epps — Yea
Evans — Nay
Gonzales-Gutierrez — Yea
Herod — Yea
Holtorf — Nay
Lynch — Nay
McLachlan — Yea
Ortiz — Yea
Parenti — Yea
Pugliese — Nay
Sharbini — Yea
Vigil — Yea
Winter T. — Nay
Young — Yea
Michaelson Jenet — Yea
deGruy Kennedy — Yea
Alex Valdez Democrat Yea
Andrew Boesenecker Democrat Yea
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Cathy Kipp Democrat Yea
Eliza Hamrick Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Iman Jodeh Democrat Yea
Javier Mabrey Democrat Yea
Jennifer Bacon Democrat Yea
Jenny Willford Democrat Yea
Judy Amabile Democrat Yea
Julie McCluskie Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Lindsey Daugherty Democrat Yea
Lorena Garcia Democrat Yea
Mandy Lindsay Democrat Yea
Marc Snyder Democrat Yea
Matthew Martinez Democrat Yea
Meg Froelich Democrat Yea
Meghan Lukens Democrat Yea
Mike Weissman Democrat Yea
Monica Duran Democrat Yea
Naquetta Ricks Democrat Yea
Regina English Democrat Yea
Sheila Lieder Democrat Yea
Steven Woodrow Democrat Yea
Tammy Story Democrat Yea
Tisha Mauro Democrat Yea
William Lindstedt Democrat Yea
Anthony Hartsook Republican Nay
Brandi Bradley Republican Nay
Ken DeGraaf Republican Nay
Lisa Frizell Republican Nay
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Nay
Mary Bradfield Republican Nay
Matt Soper Republican Nay
Rick Taggart Republican Nay
Ron Weinberg Republican Nay
Scott Bottoms Republican Nay
Stephanie Luck Republican Nay

Official roll call →

BILL

Passed 23 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 0401
Democrat 13000
Unaffiliated 10700
Total 231101
% of votes cast 66%31%0%3%
How each member voted (35)
Member Party Vote
Buckner — Yea
Fields — Yea
Gardner — Nay
Ginal — Yea
Hansen — Yea
Lundeen — Nay
Moreno — Yea
Pelton B. — Nay
Pelton R. — Nay
Priola — Yea
Smallwood — Nay
Will — Nay
Zenzinger — Yea
President — Yea
Jaquez Lewis — Yea
Van Winkle — Nay
Winter F. — Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Julie Gonzales Democrat Yea
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
Barbara Kirkmeyer Republican Nay
Cleave Simpson Republican Nay
Janice Rich Republican Nay
Larry Liston Republican Not Voting
Mark Baisley Republican Nay

Official roll call →

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 23-198 do?
Current law requires that certain entities submit a plan (clean energy plan) to the division of administration (division) in the department of public health and environment (department) and the public utilities commission (PUC) to reduce the entity's greenhouse gas emissions associated with the entity's electricity sales and to achieve at least an 80% reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales by 2030 relative to 2005 levels (2030 clean energy target). In addition to meeting the 2030 clean energy target, the act requires that any clean energy plan submitted to the division on or after January 1, 2024, achieve at least a 46% reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels if the achievement of the 46% reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost of no more than 2.5% of the entity's system costs (new clean energy plan requirements). As part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity that submits a clean energy plan to the division before January 1, 2024, is required to model: At least one portfolio that achieves the 2030 clean energy target; and At least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and the 2030 clean energy target. The act also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on: The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail electricity customers; and The greenhouse gas emissions from each resource that generates electricity and that is owned by the entity if the applicable greenhouse gas emissions are not otherwise required to be included in another entity's clean energy plan. The act also requires the division to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division, for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC, must: Calculate the percentage of reduction in greenhouse gas emissions achieved by December 31, 2027, relative to 2005 levels; and Determine whether each entity has obtained all of the resources necessary to achieve the 2030 clean energy target. If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the division determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the greenhouse gas emissions by the entity to ensure that the entity achieves the 2030 clean energy target and the division shall amend any of the entity's operating permits for sources of greenhouse gas emissions to ensure that the entity achieves the 2030 clean energy target. The act also requires: If a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts and emits greenhouse gases directly into the atmosphere to submit a clean energy plan to the division that covers all greenhouse gas emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf or submit a joint clean energy plan with another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for greenhouse gas emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets. No later than March 31, 2026, any entity that is required to submit a clean energy plan may inform the division in writing of any challenges that the entity is encountering in achieving the 2030 clean energy target (challenges). If an entity informs the division of any challenges, the division and the Colorado energy office must hold at least one stakeholder meeting in 2026 to discuss the challenges. If the entity informs the division that the entity is still encountering challenges after the stakeholder meeting, no later than December 31, 2026, the division shall report the challenges to the general assembly. The act defines "cooperative retail electric utility" as a retail electric utility that has: Indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative (cooperative retail electric utility) provider. A cooperative retail electric utility must submit a clean energy plan to the division no later than 24 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that the cooperative retail electric utility meets the new clean energy plan requirements and the 2030 clean energy target. Upon the request of the cooperative retail electric utility, certain entities must provide any emissions data in their possession that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. The act also defines "wholesale power marketer" as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies 300,000 megawatt-hours or more of electricity to entities in the state annually (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The greenhouse gas emissions associated with the retail electric utility's operations are not otherwise required to be included in another entity's clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer meets the new clean energy plan requirements and the 2030 clean energy target. A wholesale power marketer that supplies electricity to any entity must, upon request of the entity, provide any emissions data in its possession that is necessary for the entity to develop and submit a clean energy plan to the division. The act also defines "new electric utility" as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility meets the new clean energy plan requirements and the 2030 clean energy target. For the 2023-24 state fiscal year, the act appropriates $276,384 from the general fund to the department for the following uses: $189,420 for use by the air pollution control division for personal services related to stationary sources; $23,520 for use by the air pollution control division for operating expenses related to stationary sources; and $63,444 for legal services. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
Who sponsors SB 23-198?
SB 23-198 is sponsored by William Lindstedt (Democrat), Mike Weissman (Democrat), Lisa Cutter (Democrat), and Faith Winter.
What is the current status of SB 23-198?
This bill has been enacted into law. Introduced March 17, 2023. Enacted.
Where can I track SB 23-198?
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