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Clean Energy Laws

It's the end of September and we are hot on the trail of funding out of Washington DC.  It's massive what is going on with The Green New Deal.  Below are a few buckets of money, tax incentives, human capital incentives and more.  We are updating ones that become law as soon as we are notified.  We hope that this information will be a springboard to a long lasting relationship with our customers, our vendors, and our strategic partners.  Onward....

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Major Climate Movers:  Colorado, Hawaii, Oregon, United Nations, New York City, China, Costa Rica 

12 Colorado Clean Energy Laws Shaping Our Future

While we are not on top of the vast array of laws that are changing around the world, we are however trying to stay on top of a few laws that affect our great State of Colorado. ANEW has been on the ground at the capital working with legislatures to help shape where Micro-Grid technology drops in to the new state laws adopted in the spring of 2019. Governor Polis with bipartisan support adopted 12 new laws that collectively commit our state to eliminating carbon based energies harvested from the state while converting over to 100% renewable energy by 2040. We have a 20-year plan here in Colorado and see other States moving in lockstep. The New York City Carbon Challenge and the The State of Hawaii have large movements charging forward. California, New Mexico, Oregon and Washington State are working to do the same. As those laws are made public, we will try to track, follow, and promote their progress. It has been moving slowly, yet in 2021, we now know that the speed of adoption will increase in velocity! We have seen major environmental laws that stopped us in our tracks during the previous  Administration. The Obama Clean Air Act laws were clipped resulting in a major commitment by the US federal government to convert all federal facilities and vehicle fleets convert to renewable energy by 2020. It's unfortunate, yet we are now 100% optimistic that we will get the USA back on track soon.  Governor Polis is signing Colorado renewable new laws into action.

      •     State of Green based in Denmark, championed many of the United Climate Change efforts  
      •     The Rocky Mountain Institute (RMI) and NREL are governmental and non-profit organizations that influence Colorado law
      •     The electric transportation corridor being built from New Mexico to Wyoming will be a large EV power charging connector grid
      •     As carbon based jobs are displaced, retraining is a big part of a successful transition
      •     Solar Gardens are commercial grade energy generators that require supplemental wind support
      •     Utility companies will have oversight on all Micro-Grid connectivities
      •     ANEW is working on multiple Micro-Grid upgrades to these Bills to support Micro-Grid adoption
      •     Green Cities are signing up to support Colorado laws at the local scale 

SB19-239 - Address Impacts Of Transportation Changes 

Sponsors: Faith Winter, Jeff Bridges

Committees: Transportation & Energy

Bill Summary:

This concerns the means of addressing the impacts of technological and business model changes related to commercial vehicles and, in connection therewith, requiring the Department of Transportation to convene and consult with a stakeholder group to examine impacts of new transportation technologies and business models, identify means of addressing impacts, and report findings and make recommendations to the general assembly.

HB19-1159 - Modify Innovative Motor Vehicle Income Tax Credits

Sponsors: Sonya Jaquez Lewis , Matt Gray , Jessie Danielson

Committees: Energy & Environment, Finance, Appropriations, Finance

Bill Summary:

Income tax - credit - innovative motor vehicles. The act modifies the amounts of and extends the number of available years of the existing income tax credits for the purchase or lease of an electric motor vehicle, a plug-in hybrid electric motor vehicle and an original equipment manufacturer electric truck and plug-in hybrid electric truck.

HB19-1198 - Electric Vehicle Grant Fund

Sponsors: Alex Valdez , Donald Valdez , Jeff Bridges , Kevin Priola

Committees: Transportation & Environment Transportation & Energy

Bill Summary:

Electric vehicle grant fund - administration. The act modifies the Statute governing the electric vehicle grant fund (fund) as follows:

  • Allows the fund to be used to administer grants for the installation of charging stations for electric vehicles;
  • Allows the fund to prioritize the grants it will provide based on criteria defined by the Colorado Energy office;
  • Allows the fund to be used to fully fund the installation of charging stations and offset station operating costs; and
  • Requires the money in the fund to be continuously appropriated to the Colorado Energy office.

HB19-1298 - Electric Motor Vehicle Charging Station Parking 

Sponsors: Jovan Melton , Kevin Priola

Committees: Transportation & Motor Vehicles

Bill Summary:

Dedicated electric vehicle charging stations - misuse - penalties. The Act authorizes the owner of a plug-in electric motor vehicle charging station to install a sign that identifies the station. If the sign is installed, a person is prohibited from: Parking in the space if the vehicle is not an electric vehicle; and using a dedicated charging station for parking if the electric vehicle is not charging.

An electric vehicle is rebuttably presumed to not be charging if the electric vehicle is parked in a charging station and is not electrically connected to the charger for longer than 30 minutes. A person may park an electric vehicle at a charging station after the electric vehicle is fully charged in a parking lot. The penalty for a violation is a $150 fine and a $32 surcharge.

HB19-1037 - Colorado Energy Impact Assistance Act 

Sponsors: Faith Winter

Committees: Business & Economic Development Energy

Bill Summary:

Concerning energy asset management and, in connection therewith, authorizing the issuance of low-cost ratepayer-backed bonds and creating the Colorado Energy impact assistance authority to mitigate the impacts of power plant retirements on Colorado workers and communities.

HB19-1003 - Community Solar Gardens Modernization Act

Sponsors: Mike Foote, Tammy Story

Committees: Business & Economic Development,  Energy

Bill Summary:

Electric utilities - solar energy - community solar gardens - allowable size and location - standards for construction and installation of components. The act amends the current Statute authorizing the creation of Community Solar Gardens (CSGs) by:

  • Increasing the maximum size of a CSG from 2 megawatts to 5 megawatts, with the option for the Public Utilities Commission (PUC) to authorize construction of a CSG up to 10 megawatts beginning July 1, 2023;
  • Removing the requirement that a CSG subscriber's identified physical location be in the same county as, or a county adjacent to, that of the CSG, while retaining the requirement that it be within the service territory of the same investor-owned utility; and
  • Requiring all photovoltaic electrical work on a CSG of greater than 2 megawatts to be supervised by a licensed master electrician, licensed journeyman electrician, or licensed residential wireman, and comply with all applicable electrical codes and standards. If an investor-owned utility owns all or part of a CSG, the utility is required to use either its own employees or a contractor whose employees have access to specified apprenticeship programs to operate and maintain the CSG.

From 2020, all photovoltaic electrical work for installations of at least 300 kilowatts has had to be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentices and must comply with all applicable electrical codes and standards. 

The PUC shall determine the conditions under which a subscriber to a CSG may choose to retain or sell the renewable energy credits attributable to the subscriber's participation in the CSG. 

SB19-096 - Collect Long-term Climate Change Data

Sponsors: Kerry Donovan , Jeff Bridges

Committees: Natural Resources & Environment

Bill Summary:

Concerning the collection of greenhouse gas emissions data to facilitate the implementation of measures that would most cost-effectively allow the state to meet its greenhouse gas emissions reduction goals and, in connection therewith, making an appropriation.

SB19-077 - Electric Motor Vehicles Public Utility Services

Sponsors: Kevin Priola, Angela WilliamsChris Hansen

Committees: Transportation & Motor Vehicles

Bill Summary:

Concerning measures that affect the development of infrastructure used by electric motor vehicles, and, in connection therewith, establishing a process at the Colorado Public Utilities Commission whereby a public utility may undertake implementation of an electric motor vehicle infrastructure program within the area covered by the utility's certificate of public convenience and necessity.

HB19-1314 - Just Transition From Coal-based Electrical Energy Economy - Go ladies! 

Sponsors: KC Becker, Rochelle Galino, Faith Winter, Kerry Donovan

Committees: Labor & Employment

Bill Summary:

Just transition support for coal-related jobs - office created - advisory committee - just transition plan - workforce transition plan - report - sunset review - appropriation. The act creates the just transition office in the division of employment and training in the department of labor and employment. A Just Transition Advisory Committee will develop a draft Just Transition plan and the director of the office will submit a final Just Transition plan to the governor and general assembly, regarding proposed:

  • Benefits to be given to coal transition workers to enable them to support themselves and their families and to access and complete education and training, resulting in being hired for high-quality jobs;
  • Grants to be awarded to eligible entities in coal transition communities that seek to create a more diversified, equitable, and vibrant economic future for those communities; and
  • Sources of funding.

The Just Transition Advisory Committee is scheduled for repeal in 2025, subject to sunset review. An electric utility that proposes the accelerated retirement of a coal-fueled electric generating facility shall submit to the office and the affected community a workforce transition plan at least 6-months before the retirement of the facility. The director shall submit a report to the general assembly by January 1, 2024, containing recommended legislative changes to the act. $155,758 is appropriated from the general fund to the department of labor and employment and $920 from the general fund to the general assembly for the implementation of the act.

HB19-1262 - Climate Action Plan To Reduce Pollution

Sponsors: Faith Winter, Angela Williams

Committees: Transportation & Energy

Bill Summary: 

Concerning means of addressing the impacts of technological and business model changes related to commercial vehicles, and, in connection therewith, requiring the Department of Transportation to convene and consult with a stakeholder group to examine impacts of new transportation technologies and business models, identify means of addressing impacts, and report findings and make recommendations to the general assembly.

SB19-239 - Address Impacts Of Transportation Changes 

Sponsors: Faith Winter, Jeff Bridges

Committees: Natural Resources & Environment

Bill Summary:

Air pollution - statewide greenhouse gas pollution abatement - air quality control commission - rules - appropriation. Section 1 of the act states that Colorado shall have statewide goals to reduce 2025 greenhouse gas emissions by at least 26%, 2030 greenhouse gas emissions by at least 50%, and 2050 greenhouse gas emissions by at least 90% of the levels of statewide greenhouse gas emissions that existed in 2005. Section 3 specifies considerations that the air quality control commission is to take into account in implementing policies and promulgating rules to reduce greenhouse gas pollution, including the benefits of compliance and the equitable distribution of those benefits, the costs of compliance, opportunities to incentivize clean energy in transitioning communities, and the potential to enhance the resilience of Colorado's communities and natural resources to climate impacts. The commission will consult with the public utilities commission with regard to rules that affect the providers of retail electricity in Colorado. The commission shall not mandate an electric public utility to reduce its emissions by 2030 more than is required by a clean energy plan filed with the public utilities commission if the plan demonstrates an 80% reduction from 2005 statewide green gas emission levels by 2030. A clean energy plan voluntarily filed by a cooperative electric association that has exempted itself from the public utilities commission's jurisdiction or a municipally owned utility with the public utilities commission is deemed approved if the plan demonstrates an 80% reduction by 2030. $281,588 is appropriated from the general fund to the department of public health and environment to implement the act, of which $93,267 is reappropriated to the department of law. (Note: This summary applies to this bill as enacted.)

HB19-1260 - Building Energy Codes 

Sponsors: Cathy Kipp, Alex Valdez, Faith Winter, Kevin Priola

Committees: Local Government

Bill Summary:

Building regulations - energy efficient building code standards required - reporting. The Act requires local jurisdictions to adopt one of the 3 most recent versions of the International Energy Conservation Code at a minimum, upon updating any other building code and encourages local jurisdictions to update the Colorado Energy Office on any changes to the jurisdictions' building and energy codes. (Note: This summary applies to this Bill as enacted.)

HB21-1324 - Promote Innovative And Clean Energy Technologies

Sponsors: Rod Pelton , Dylan Roberts, Robert Rodriguez, Dennis Hisey

Committees: Energy and Environment/ State, Veterans, and Military Affairs


Bill Summary:

Concerning measures to facilitate the use of innovative energy technologies by investor-owned utilities in Colorado, and, in connection therewith, authorizing the public utilities commission to review and approve investor-owned utilities' applications for low-emission innovative energy technologies based on meeting specified criteria.


The bill replaces the integrated gasification combined cycle (IGCC) program, which was repealed in 2019, with a mechanism by which an investor-owned utility seeking to implement an innovative energy technology project may apply to the public utilities commission to acquire resources that demonstrate the use of low- and zero-emission resources and other innovative energy technologies such as advanced renewable energy and storage.

SB21-230 - Transfer to Colorado Energy Office Energy Fund

Sponsors:Chris Hansen , Faith Winter , Alex Valdez, Tracey Bernett

Committees: Transportation and Energy/Energy and Environment/Appropriations


Bill Summary:

The bill directs the state treasurer to make an immediate, one-time transfer of $40 million from the general fund to the energy fund administered by the Colorado energy office (CEO). The CEO may use the money for its ongoing programs plus the following enumerated purposes:

  • Making grants to the Colorado Clean Energy Fund and the Colorado new energy improvement district totaling up to $30 million and $3 million, respectively;

  • Increasing the amounts available through residential energy upgrade loans by up to $2 million; and

Providing up to $5 million in additional funding to the charge ahead Colorado program administered by the CEO.

SB19-236 - Sunset Public Utilities Commission

Sponsors: Leroy Garcia, Stephen Fenberg, Chris Hansen, KC Becker

Committees: Energy

Bill Summary: 

Public utilities commission - continuation under sunset law - distribution system planning - workforce transition planning - clean energy plan - wholesale electric cooperative electric resource plan - vehicle booting regulation - energy impact bonds - rules - appropriation. 

The Act implements the recommendations of the Department of Regulatory Agencies' 2018 sunset review and report on the public utilities commission (commission) by:

  • Authorizing the commission to promulgate rules to delegate routine, administrative transportation matters to staff and clarifying that the commission provides initial review of each case submitted for adjudication and determines whether it wishes to retain the case or to assign it to an administrative law judge or to an individual commissioner;
  • Providing for alternate forms of communication that a public utility may utilize to notify its customers of rate changes, including text message and e-mail, and requiring the public utility to post notice of the rate change on its public website, including a reference to the docket numbers of relevant rules or adjudicatory matters;
  • Transferring the administration of the legal services offset fund from the Department of Law to the Department of Regulatory Agencies;
  • Making technical changes regarding criminal history record checks and telecommunications;
  • Repealing a requirement that an electric utility, as part of the electric utility's plan for acquisition of renewable resources, purchase a certain amount of energy from community solar gardens in 2011 through 2013, but delaying the repeal until 2043 to keep the legislation in place until contracts entered into pursuant to the requirement have likely all expired;
  • Repealing the requirement that the commission, in considering electric utilities' proposals for generation acquisition, give consideration to proposals to propose, fund, and construct integrated gasification combined cycle generation facilities; and
  • Clarifying that the commission may impose a civil penalty for a violation of railroad crossing safety regulations.

The act also:

  • Directs the commission to promulgate rules to require an investor-owned utility to file with the commission, for the commission's approval, a distribution system plan regarding the utility's anticipated distribution system investments;
  • Requires an investor-owned utility, when submitting a filing to the commission that includes a proposed retirement of an electric generating facility, to include in the filing a workforce transition plan that provides estimates of workforce transitions that will occur as a result of retiring the electric generating facility;
  • Directs the commission to conduct an investigation of financial performance-based incentives and performance-based metric tracking to identify mechanisms for aligning utility operations and investments with various public benefit goals, including safety, cost efficiency, and emissions reduction. The commission must report the findings of its investigation to the general assembly 18 months after the act's passage;
  • Requires the commission to open a nonadjudicatory proceeding to conduct a survey of public utility retail rates and to consider recommendations for providing rate relief in geographic areas with retail rates that are materially greater than the state average;
  • Directs the commission to require a wholesale electric cooperative to submit to the commission an application for approval of an integrated or electric resource plan;
  • Declares the rights of retail electric utility customers to generate, consume, store, and export electricity from eligible energy resources through distributed generation;
  • Requires a qualifying retail utility to submit a plan, and allows any other electric utility to voluntarily submit a plan, to the commission as part of its ongoing resource acquisition planning process to seek approval from the commission on how the qualifying retail utility plans to address clean energy targets established in the act. A utility implementing a clean energy plan may recover its cost of implementation through electricity rates, as approved by the commission.
  • Directs the commission to evaluate the cost of carbon dioxide emissions in certain proceedings related to a public utility subject to the commission's jurisdiction and to promulgate rules to require those public utilities, when submitting filings, to include the cost of carbon dioxide emissions related to the evaluation of electric generation resources. Starting in 2020, the commission is required to establish a base cost of carbon dioxide emissions in an amount not less than $46 and shall modify the cost thereafter based on escalation rates established by a federal interagency working group.
  • Authorizes the commission to regulate vehicle booting companies, which are private entities in the business of immobilizing motor vehicles through use of a boot, through issuance of permits and enforcement mechanisms including inspections, imposition of a civil penalty, and revocation of a permit; and
  • Adopts the "Colorado Energy Impact Bond Act", under which electric utilities may finance the retirement of fossil-fuel-powered generation facilities and the transition to renewable energy sources by issuing low-cost corporate securities. The securities are subject to commission approval and required to have a rating of at least AA or Aa2, must have a scheduled maturity date of 32 years or less, and are repayable through electricity rates as part of the costs of implementing a clean energy plan.

The Act continues the functions of the commission for 7 years, until 2026. $907,566 is appropriated for state fiscal year 2019-20 to the Department of Regulatory Agencies for use by the commission for personal services, operating expenses, and the purchase of legal services. The money is appropriated from the public utilities commission fixed utilities fund. Additionally, $163,820 is appropriated to the Department of Public Health and environment from the general fund.

2017 Hawaii 2050 Sustainability Plan

This new program will implement the sustainability priority guidelines and principles enacted through Act 181, Session Laws of Hawaii 2011. The development of this sustainability planning and coordination program began in June 2017, to liaise among state and other government agencies, as well as private or non-profit organizations, on various sustainability initiatives being performed statewide. This program is responsible for establishing broad work plans for state initiatives that promote sustainability, including developing programmatic priorities and budgets, conducting program analyses, making sustainable policy recommendations, and preparing sustainability or initiative reports. Planning Act, they include: 

1.    Encouraging a balanced economic, social, community, and environmental priorities;
2.    Encouraging planning that respects and promotes living within the natural resources and limits of the State;
3.    Promoting a diversified and dynamic economy;
4.    Encouraging respect for the host culture;
5.    Promoting decisions based on meeting the needs of the present without compromising the needs of future generations;
6.    Considering the principles of the ahupua'a system; Social/Cultural Equality, Economic Growth Environmental Protection;
7.    Emphasizing that everyone, including individuals, families, communities, businesses and government, has the responsibility for achieving a sustainable Hawaii.

A small country with big ownership in climate change

The United Nations Framework Convention on Climate Change (UNFCCC) was introduced in 1992 in an effort to control the emission of greenhouse gases that contribute to global climate change. Denmark lead the way. State of Green has been part of drafting materials adopted at IPCCC, Copenhagen, Kyoto, Cancun, Paris. Unfortunately the Trump Administration pulled the USA out but we can now look forward to getting the band back together soon.

State of Green is a non-profit, public-private partnership from Denmark. We foster relations with international stakeholders interested in discussing their challenges and bring into play relevant Danish competencies and technologies that enable the green transition. Lack of clean, affordable energy and integrated energy systems; scarcity of clean water; rapidly growing mega-cities and unsustainable use of resources. These are four of the major global challenges the world is grappling with today. Despite being a small country, Denmark wishes to actively help solve global challenges. By sharing the accumulated Danish knowledge, experience and solutions with the rest of the world, State of Green seeks to stimulate debate, spur partnerships and inspire others. We believe that through collaboration and dialogue, we can accelerate the global green transition together. State of Green has played a significant role in shaping international climate change laws. The United Nations depends on input from State of Green. 

New NYC Laws on The Horizon

The Carbon Challenge is a voluntary leadership initiative and public-private partnership between the Mayor's Office of Sustainability and leaders in the private, institutional, and non-profit sectors who have committed to reduce their greenhouse gas emissions by 30% or more over ten years. The Mayor's Office provides support, resources, and recognition as participants pursue different energy efficiency improvements, efficient on-site generation, and sustainability initiatives.

Over 100 participants have taken the NYC Carbon Challenge pledge, including the City's largest universities, hospitals, commercial owners and tenants, residential property management firms, hotels, and retail organizations.21 participants have already met the 30 percent goal, and 19 universities, hospitals, and commercial offices have expanded their commitment to a 50 percent or greater reduction by 2025. Others have made even greater commitments: in 2019, We Work was the first Carbon Challenge participant to commit to a full 100% reduction in emissions.

Altogether, participants have cut their annual emissions by 580,000 metric tons of carbon and are collectively saving almost $190 million annually in lower energy costs. By the end of the program, current participants are projected to reduce citywide emissions by nearly 1,500,000 metric tons of carbon dioxide equivalent– the equivalent of taking more than 300,000 cars off the roads – and result in an estimated $700 million in energy cost savings.  (Here is a link to all the NYC Carbon Challenge participants we are connecting with.)

Click Here!