Clean Energy Permitting Processes

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-033 LLS NO. 26-0550.01 Sarah Lozano x3858 SENATE SPONSORSHIP Liston, HOUSE SPONSORSHIP Winter T., Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT CONCERNING CLEAN ENERGY PERMITTING PROCESSES, AND, IN CONNECTION THEREWITH, CREATING THE COLORADO CLEAN ENERGY PERMITTING COORDINATION OFFICE.

Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill 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.) 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 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

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.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds that:

(a) Colorado's continued prosperity, affordability, environmental stewardship, and public health depend on the timely, reliable, safe, and community-supported deployment of clean and abundant energy resources, including resources that provide firm, dispatchable, and resilient power;

(b) Colorado is experiencing and anticipates further accelerated demand for electricity and energy services driven by economic growth, electrification, advanced manufacturing, and data-intensive industries, which accelerated demand requires deliberate and coordinated planning for new generation, storage, transmission, and enabling infrastructure;

(c) Colorado communities deserve early, meaningful, accessible, and ongoing engagement regarding the siting and permitting of major clean energy facilities and associated infrastructure, including clear information about benefits, impacts, timelines, and safety and emergency preparedness;

(d) Communities hosting clean energy facilities may realize significant benefits, including high-quality jobs, workforce pathways, expanded tax bases, and supply chain development, but also may face impacts that require mitigation, planning, and sustained partnership;

(e) Colorado's coal transition communities and communities with brownfield sites have unique opportunities and needs and should be prioritized for planning support, reuse of existing infrastructure, and job-creating investment;

(f) Safety and emergency preparedness are fundamental to public trust. For nuclear energy facilities, the federal government retains primary authority for licensing and radiological safety, and Colorado's role is coordination, preparedness, training, and public communication consistent with federal law.

(g) Grid reliability and security, including physical security, cybersecurity, fuel assurance, and security of long-term operations, must be incorporated early into permitting readiness and community benefit planning.

(2) Therefore, it is the intent of the general assembly to establish statewide processes and structures that: (a) Improve coordination and predictability of clean energy permitting; (b) Set minimum community engagement and benefit evaluation requirements; (c) Prioritize coal transition communities and brownfield site redevelopment;

(d) Strengthen safety and emergency preparedness;

(e) Support grid reliability and security; and

(f) Ensure communities are at the forefront of consideration to bring clean and abundant energy sources to Colorado for a prosperous and environmentally sustainable future for all.

SECTION 2. In Colorado Revised Statutes, add part 6 to article 38.5 of title 24 as follows:

PART 6 COLORADO CLEAN ENERGY PERMITTING COORDINATION OFFICE 24-38.5-601. Definitions.

AS USED IN THIS PART 6, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(2) "BROWNFIELD SITE" HAS THE MEANING SET FORTH IN 42 U.S.C. SEC. 9601 (39), AS AMENDED.

(3) "CLEAN ENERGY RESOURCE" HAS THE MEANING SET FORTH IN SECTION 40-2-125.5 (2)(b)(II).

COORDINATION MEETING" MEANS THE COORDINATION MEETING DESCRIBED IN SECTION 24-38.5-603 (1).

"APPLICATION

(4) "COAL TRANSITION COMMUNITY" HAS THE MEANING SET FORTH IN SECTION 8-83-502 (1).

(5) "COVERED CLEAN ENERGY PROJECT" OR "PROJECT" MEANS A PROJECT FOR THE CONSTRUCTION, EXPANSION, REPOWERING, OR MATERIAL MODIFICATION OF A CLEAN ENERGY RESOURCE FACILITY, INCLUDING ASSOCIATED INTERCONNECTION AND ON-SITE ENABLING FACILITIES.

(6) "HOST COMMUNITY" MEANS A LOCAL GOVERNMENT:

(a) WITH JURISDICTION OVER A COVERED CLEAN ENERGY PROJECT;

OR

(b) THAT THE OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT DETERMINES IS LIKELY TO EXPERIENCE DIRECT AND SIGNIFICANT IMPACTS FROM THE COVERED CLEAN ENERGY PROJECT DUE TO PROXIMITY, THE USE OF ACCESS ROUTES, OR CONSTRUCTION-RELATED IMPACTS, INCLUDING ROAD CLOSURES AND NOISE IMPACTS.

(7) "LOCAL GOVERNMENT" MEANS A CITY, COUNTY, CITY AND COUNTY, SPECIAL DISTRICT, OR OTHER POLITICAL SUBDIVISION OF THE STATE.

(8) "MATERIAL MODIFICATION" MEANS A CHANGE TO A PROJECT FACILITY OR SITE THAT IS REASONABLY LIKELY TO RESULT IN A SIGNIFICANT CHANGE IN:

(a) NAMEPLATE GENERATING CAPACITY OR THERMAL OUTPUT;

(b) INFRASTRUCTURE;

(c) ASSUMPTIONS; OR THE FACILITY OR SITE FOOTPRINT OR ON-SITE SAFETY-RELATED SYSTEMS OR EMERGENCY PLANNING

(d) TRANSPORTATION, CONSTRUCTION, OR OPERATIONAL IMPACTS TO A HOST COMMUNITY.

(9) "OFFICE" MEANS THE COLORADO CLEAN ENERGY PERMITTING COORDINATION OFFICE CREATED IN SECTION 24-38.5-602 (1).

(10) "PERMITTING AUTHORITY" MEANS A STATE AGENCY, BOARD, COMMISSION, DEPARTMENT, OFFICE, OR DIVISION THAT ISSUES, DENIES, CONDITIONS, AUTHORIZATION, LEASE, RIGHT-OF-WAY, OR APPROVAL APPLICABLE TO A COVERED CLEAN ENERGY PROJECT.

OR ENFORCES A STATE PERMIT , CERTIFICATION,

(11) "PUBLIC DASHBOARD" MEANS A PUBLIC DASHBOARD FOR AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT, AS DESCRIBED IN SECTION 24-38.5-610 (1).

24-38.5-602. Colorado clean energy permitting coordination office - creation - duties.

(1) THERE IS CREATED IN THE COLORADO ENERGY OFFICE THE COLORADO CLEAN ENERGY PERMITTING COORDINATION OFFICE. (2) THE DIRECTOR OF THE COLORADO ENERGY OFFICE SHALL APPOINT THE DIRECTOR OF THE OFFICE.

(3) THE OFFICE SHALL:

(a) SERVE AS A SINGLE POINT OF CONTACT FOR OWNERS OR OPERATORS GOVERNMENTS, AND PERMITTING AUTHORITIES;

(b) OF A COVERED CLEAN ENERGY PROJECT, LOCAL ASSIST IN COORDINATING PERMIT APPLICATIONS FOR A COVERED CLEAN ENERGY PROJECT;

(c) MAINTAIN PUBLIC DASHBOARDS;

(d) PROVIDE TECHNICAL ASSISTANCE TO PERMITTING AUTHORITIES, LOCAL GOVERNMENTS, LOCAL PERMITTING OFFICES, AND FEDERALLY RECOGNIZED TRIBAL GOVERNMENTS;

(e) DEVELOP MODEL COMMUNITY BENEFIT AGREEMENT TERMS PURSUANT TO SECTION 24-38.5-606 (3); AND

(f) COORDINATE WITH WORKFORCE AND ECONOMIC DEVELOPMENT PARTNERS.

(4) THE AUTHORITY GRANTED TO THE OFFICE PURSUANT TO THIS PART 6 DOES NOT PREEMPT THE AUTHORITY OF A PERMITTING AUTHORITY, LOCAL GOVERNMENT, OR FEDERALLY RECOGNIZED TRIBE AND DOES NOT SUPERSEDE FEDERAL JURISDICTION OVER NUCLEAR FACILITY LICENSING AND RADIOLOGICAL SAFETY REGULATIONS.

24-38.5-603. Application coordination meeting - coordinated permitting schedule.

(1) AT THE REQUEST OF AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT OR HOST COMMUNITY, THE OFFICE SHALL CONVENE A MEETING TO COORDINATE THE FILING OF APPLICATIONS FOR PERMITS FOR THE COVERED CLEAN ENERGY PROJECT, WHICH MEETING MAY ALSO INCLUDE RELEVANT PERMITTING AUTHORITIES AND LOCAL GOVERNMENTS, FEDERALLY RECOGNIZED TRIBAL GOVERNMENTS, AND UTILITIES, AS APPLICABLE.

(2) FOLLOWING AN APPLICATION COORDINATION MEETING, THE OFFICE SHALL PREPARE A COORDINATED PERMITTING SCHEDULE FOR THE COVERED CLEAN ENERGY PROJECT THAT IDENTIFIES, TO THE EXTENT KNOWN, THE FEDERAL, STATE, AND LOCAL GOVERNMENT PERMITS AND APPROVALS LIKELY TO BE REQUIRED, KEY INFORMATION NEEDS, ANTICIPATED REVIEW MILESTONES, AND OPPORTUNITIES FOR CONCURRENT REVIEW BY PERMITTING AUTHORITIES AND OTHER PARTIES REVIEWING PERMIT APPLICATIONS.

(3) TO THE GREATEST EXTENT PRACTICABLE AND CONSISTENT WITH APPLICABLE LAW, IN REVIEWING AN APPLICATION FOR A COVERED CLEAN ENERGY PROJECT, PERMITTING AUTHORITIES SHALL COORDINATE THEIR REVIEWS, SHARE NONCONFIDENTIAL INFORMATION WITH EACH OTHER, AND IDENTIFY A SINGLE POINT OF CONTACT. A COORDINATED PERMITTING SCHEDULE IS INFORMATIONAL AND DOES NOT MODIFY APPLICABLE LAW.

(4) THE OFFICE MAY:

(a) FACILITATE ISSUE RESOLUTION AMONG THE PARTIES PARTICIPATING IN AN APPLICATION COORDINATION MEETING AND OTHER PARTIES INVOLVED IN THE REVIEW OF PERMIT APPLICATIONS FOR A COVERED CLEAN ENERGY PROJECT; AND (b) PROVIDE TECHNICAL ASSISTANCE ON PROCESS AND SEQUENCING FOR A PROJECT.

THE OFFICE SHALL NOT DIRECT THE OUTCOME OF ANY PERMITTING DECISION.

24-38.5-604. Local government and tribal participation - best practices.

(1) A LOCAL GOVERNMENT OR FEDERALLY RECOGNIZED TRIBAL GOVERNMENT MAY PARTICIPATE IN ACTIVITIES DESCRIBED IN THIS PART 6 ON A VOLUNTARY BASIS.

THE OFFICE SHALL MODEL BEST PRACTICES FOR LOCAL PERMITTING COORDINATION, INCLUDING STANDARDS FOR TRANSPARENT SCHEDULES, CONSOLIDATED PUBLIC INFORMATION, AND ALIGNMENT OF ENGAGEMENT PROCESSES WHERE FEASIBLE.

(3) NOTHING IN THIS PART 6 LIMITS OR EXPANDS LOCAL LAND USE AUTHORITY OR TRIBAL SOVEREIGNTY.

24-38.5-605. Community engagement plans.

(1) EFFECTIVE JULY 1, 2027, AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT SHALL SUBMIT A COMMUNITY ENGAGEMENT PLAN TO THE OFFICE AND TO THE RELEVANT PERMITTING AUTHORITY OR AUTHORITIES. A PERMITTING AUTHORITY MAY DEEM AN APPLICATION INCOMPLETE UNTIL A COMMUNITY ENGAGEMENT PLAN IS SUBMITTED TO THE PERMITTING AUTHORITY.

(2) (a) UNLESS GRANTED AN EXTENSION PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT SHALL SUBMIT A COMMUNITY ENGAGEMENT PLAN TO THE OFFICE AND TO THE APPLICABLE PERMITTING AUTHORITY OR AUTHORITIES AT LEAST NINETY DAYS BEFORE THE OWNER OR OPERATOR SUBMITS THE FIRST STATE PERMIT APPLICATION FOR THE COVERED CLEAN ENERGY PROJECT.

(b) THE OFFICE MAY GRANT AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT AN EXTENSION TO SUBMIT A COMMUNITY ENGAGEMENT PLAN FOR GOOD CAUSE SHOWN.

(3) AT A MINIMUM, A COMMUNITY ENGAGEMENT PLAN MUST:

(a) IDENTIFY HOST COMMUNITIES;

(b) DESCRIBE AT LEAST TWO PUBLIC MEETINGS THAT THE OWNER OR OPERATOR OF THE COVERED CLEAN ENERGY PROJECT HAS CONDUCTED OR WILL BE CONDUCTING, WHICH MEETINGS MUST BE AT ACCESSIBLE TIMES AND LOCATIONS, ALLOW REMOTE ACCESS, AND PROVIDE DISABILITY ACCOMMODATIONS;

(c) DESCRIBE THE OWNER OR OPERATOR'S PLAN TO PROVIDE TIMELY INFORMATION ABOUT THE PROJECT THROUGH A WEBSITE AND A QUESTION-AND-RESPONSE MECHANISM THROUGH THE WEBSITE;

(d) IDENTIFY A COMMUNITY LIAISON; AND (e) DESCRIBE HOW COMMUNITY ENGAGEMENT WILL BE DOCUMENTED AND SUMMARIZED BY THE OWNER OR OPERATOR.

24-38.5-606. Community benefit agreements.

(1) EFFECTIVE JULY 1, 2027, AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT SHALL PREPARE A COMMUNITY BENEFIT AGREEMENT AND SUBMIT THE COMMUNITY BENEFIT AGREEMENT TO THE OFFICE AND TO THE PARTIES PARTICIPATING IN THE APPLICATION COORDINATION MEETING, IF ANY.

(2) AT A MINIMUM, A COMMUNITY BENEFIT AGREEMENT MUST ADDRESS THE FOLLOWING CONCERNING THE PROJECT:

(a) JOBS AND WORKFORCE DEVELOPMENT;

(b) TAX AND FISCAL IMPACTS;

(c) SUPPLY CHAIN NEEDS AND COLORADO PROCUREMENT OPPORTUNITIES;

(d) COMMUNITY IMPACTS AND MITIGATION, INCLUDING HOUSING AND TRANSPORTATION IMPACTS DURING CONSTRUCTION;

(e) LONG-TERM OPERATIONS, MAINTENANCE, DECOMMISSIONING, AND SITE RESTORATION CONCEPTS; AND

(f) SAFETY AND EMERGENCY PREPAREDNESS SUPPORT.

(3) THE OFFICE SHALL DEVELOP MODEL COMMUNITY BENEFIT AGREEMENT TERMS FOR A COVERED CLEAN ENERGY PROJECT, WHICH THE OFFICE SHALL POST ON THE COVERED CLEAN ENERGY PROJECT'S PUBLIC DASHBOARD OR THE OFFICE'S WEBSITE IF THE COVERED CLEAN ENERGY PROJECT DOES NOT HAVE A PUBLIC DASHBOARD.

(4) FOR COVERED CLEAN ENERGY PROJECTS LOCATED IN COAL TRANSITION COMMUNITIES OR ON BROWNFIELD SITES OR FOR WHICH THE OWNER OR OPERATOR SEEKS STATE FINANCIAL ASSISTANCE, THE OWNER OR OPERATOR OF THE PROJECT SHALL NEGOTIATE IN GOOD FAITH TOWARD EXECUTING A SIGNED COMMUNITY BENEFIT AGREEMENT WITH HOST COMMUNITIES.

A COMMUNITY BENEFIT AGREEMENT MAY ADDRESS, AS APPLICABLE, LOCAL BUSINESS OPPORTUNITIES, INCLUDING OPPORTUNITIES FOR SMALL AND DIVERSE BUSINESSES; WORKFORCE STANDARDS AND PATHWAYS, INCLUDING APPRENTICESHIP UTILIZATION AND TARGETED HIRING;

INVESTMENTS AND MITIGATION; EMERGENCY MANAGEMENT SUPPORT; AND MEASURABLE REPORTING COMMITMENTS.

WORKER SAFETY TRAINING EXPECTATIONS;

COMMUNITY

(6) NOTHING IN THIS SECTION REQUIRES A PERMITTING AUTHORITY TO DENY A PERMIT SOLELY BECAUSE A COMMUNITY BENEFIT AGREEMENT HAS NOT BEEN EXECUTED, BUT THE PERMITTING AUTHORITY MAY CONSIDER THE LACK OF AN EXECUTED COMMUNITY BENEFIT AGREEMENT TO THE EXTENT THE PERMITTING AUTHORITY IS OTHERWISE AUTHORIZED BY LAW TO CONSIDER COMMUNITY IMPACTS AND MITIGATION.

Coal community and brownfield priority - inventory.

(1) THE OFFICE SHALL 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.

(2) ON OR BEFORE DECEMBER 1, 2027, THE OFFICE SHALL PUBLISH ON THE OFFICE'S WEBSITE 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. THE INVENTORY IS INFORMATIONAL AND DOES NOT DESIGNATE OR COMPEL A LOCATION FOR THE SITING OF A COVERED CLEAN ENERGY PROJECT.

24-38.5-608. Safety and emergency preparedness plans.

(1) EFFECTIVE JULY 1, 2027, AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT SHALL:

(a) DEVELOP AND SUBMIT TO THE OFFICE A SAFETY AND EMERGENCY PREPAREDNESS PLAN PROPORTIONATE TO PROJECT TYPE, SCALE, AND RISK; AND (b) COORDINATE WITH RELEVANT LOCAL EMERGENCY MANAGEMENT AGENCIES AND THE DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT CREATED IN SECTION IMPLEMENTING THE SAFETY AND EMERGENCY PREPAREDNESS PLAN.

24-33.5-1603 IN

(2) A SAFETY AND EMERGENCY PREPAREDNESS PLAN DEVELOPED BY AN OWNER OR OPERATOR OF A NUCLEAR ENERGY PROJECT MUST DESCRIBE COMPLIANCE WITH FEDERAL LICENSING AND EMERGENCY PLANNING PROCESSES, TRAINING AND EXERCISE NEEDS FOR LOCAL FIRST RESPONDERS PROTOCOLS, AND PROPOSED SUPPORT FOR LOCAL PREPAREDNESS CAPABILITY.

AND EMERGENCY MANAGERS , COMMUNICATIONS THE OFFICE SHALL POST A SAFETY AND EMERGENCY PREPAREDNESS PLAN SUBMITTED TO THE OFFICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION ON THE COVERED CLEAN ENERGY PROJECT'S PUBLIC DASHBOARD OR THE OFFICE'S WEBSITE IF THE COVERED CLEAN ENERGY PROJECT DOES NOT HAVE A PUBLIC DASHBOARD.

(4) NOTHING IN THIS PART 6 SUPERSEDES THE AUTHORITY OF THE FEDERAL NUCLEAR REGULATORY COMMISSION OR OTHER FEDERAL AGENCIES WITH JURISDICTION OVER NUCLEAR FACILITY LICENSING, SAFETY, OR SECURITY.

Grid reliability and security statement - coordination with public utilities commission and utilities.

(1) EFFECTIVE NOVEMBER 1, 2027, AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT SHALL SUBMIT TO THE OFFICE A GRID RELIABILITY AND SECURITY STATEMENT DESCRIBING INTERCONNECTION STATUS, EXPECTED CONTRIBUTION TO GRID RELIABILITY AND RESILIENCE, CYBERSECURITY AND PHYSICAL SECURITY PRACTICES APPROPRIATE TO CRITICAL MAINTENANCE PLANNING.

INFRASTRUCTURE, AND LONG-TERM OPERATIONS AND

(2) THE OFFICE SHALL COORDINATE WITH THE PUBLIC UTILITIES COMMISSION AND UTILITIES AS APPROPRIATE TO ALIGN PERMITTING READINESS WITH GRID RELIABILITY NEEDS.

24-38.5-610. Public dashboard - annual report - metrics.

THE OFFICE SHALL DEVELOP AND MAINTAIN A PUBLIC DASHBOARD ON THE OFFICE'S WEBSITE FOR AN OWNER OR OPERATOR OF A COVERED CLEAN ENERGY PROJECT THAT RECEIVES A COORDINATED PERMITTING SCHEDULE PURSUANT TO SECTION 24-38.5-603 (2) OR THAT RECEIVES STATE TECHNICAL ASSISTANCE FROM THE OFFICE.

NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR BEFORE DECEMBER 1, 2027, AND ON OR BEFORE EACH DECEMBER 1 THEREAFTER, THE OFFICE SHALL SUBMIT AN ANNUAL REPORT TO THE ENERGY REPRESENTATIVES AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE, OR ANY SUCCESSOR COMMITTEES, SUMMARIZING PROGRAM METRICS, COMMUNITY ENGAGEMENT LESSONS LEARNED, COAL COMMUNITY AND BROWNFIELD SITE READINESS ACTIVITIES, GRID RELIABILITY AND SECURITY STATEMENTS SUBMITTED TO THE OFFICE PURSUANT TO SECTION PREPAREDNESS COORDINATION ACTIVITIES, AND RECOMMENDATIONS FOR IMPROVEMENTS.

AND ENVIRONMENT COMMITTEE OF THE HOUSE OF 24-38.5-609 (1), SAFETY AND EMERGENCY 24-38.5-611. Repeal of part - sunset review.

(1) THIS PART 6 IS REPEALED, EFFECTIVE SEPTEMBER 1, 2031.

(2) BEFORE THE REPEAL, THIS PART 6 IS SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.

SECTION 3. In Colorado Revised Statutes, 24-34-104, add (32)(a)(XVI) as follows:

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal. (32) (a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2031: (XVI) THE COLORADO CLEAN ENERGY PERMITTING COORDINATION OFFICE CREATED IN SECTION 24-38.5-602 (1).

SECTION 4.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to covered clean energy projects proposed on or after the applicable effective date of this act.