2016 Colorado Revised Statutes
Title 24 - Government - State
Principal Departments
Article 33 - Department of Natural Resources
Part 1 - Department of Natural Resources
§ 24-33-115. Reenergize Colorado program - powers and duties of executive director - repeal

(1) In addition to all other powers and duties conferred upon the executive director by law, the executive director is hereby authorized and directed to work with the Colorado energy office, the state board of land commissioners, public utilities, and other state and federal agencies as necessary to initiate the reenergize Colorado program. The purposes of the program are:

(a) To maximize the ability of the division of parks and wildlife, also referred to in this section as the "division", to achieve energy self-sufficiency using eligible energy resources, as defined in section 40-2-124, C.R.S., with the goal of generating or offsetting one hundred percent of the division's electrical energy consumption using eligible energy resources on land owned, leased, or controlled by the division by the year 2020; and

(b) To demonstrate best practices in the efficient deployment of eligible energy resources to meet the electrical energy needs of the division in a manner consistent with its goal and mission and the outdoor experience of visitors to Colorado's public lands.

(2) Notwithstanding section 40-2-124 (1) (c) (II) (B), (1) (e) (II), or (1) (e) (III), C.R.S., or any rule or order of the public utilities commission to the contrary, for the purpose of enabling the division to achieve a net zero reliance on electricity generated from nonrenewable sources for all of its property, whether contiguous or noncontiguous, a qualifying retail utility may, on a case-by-case or project-by-project basis:

(a) Waive any existing limits on the net metering of electricity generated on contiguous property constituting the customer's site;

(b) Waive any existing limits on generating capacity or customer service entrance capacity if the customer proposes to make any necessary upgrades to its service entrance capacity at its own expense; and

(c) Have the right of first refusal to purchase, and the right not to purchase, electricity from customer-sited renewable energy generating equipment that is sized to supply more than one hundred twenty percent of the average annual consumption of electricity by the customer at that site. If the qualifying retail utility exercises its option to purchase excess generation under this paragraph (c), it may claim renewable energy credits based on such purchases.

(3) To achieve the goals set forth in this section, the executive director may use performance contracting, available cash funds, public-private partnerships with reliable third parties, loan and grant programs funded or administered by any state or federal agency, including revolving loan programs, and any available loan or bonding mechanisms established by Colorado law.

(4) Nothing in this section shall be construed:

(a) To permit any state agency to make retail sales of electric energy or to transmit or distribute electric energy between or among state agencies or properties; or

(b) To limit, expand, alter, or otherwise affect any right conferred by any other law upon a public utility subject to article 3, 3.5, or 9.5 of title 40, C.R.S., to assess fees for the use of its facilities.

(5) This section is repealed, effective July 1, 2020.