Colorado Department of Labor and Employment Regulate Electricity for Electric Vehicles

The bill creates the electric vehicle enterprise (enterprise) in the department of labor and employment (department). The business purpose of the enterprise is to synchronize electric vehicle charging protocols to create consistency and transparency for electric vehicle charging consumers.

The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than 10% of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise, the enterprise is not subject to section 20 of article X of the state constitution.

The bill establishes a board of directors for the enterprise, including the board's membership, powers, and duties.

The bill authorizes the enterprise to impose and collect a fee beginning July 1, 2025, to be paid by each electric vehicle charging station retailer based on the total number of retail electric vehicle charging stations operated by the retailer and the total number of power supply devices used at such stations.

The bill creates the electric vehicle enterprise special revenue fund (fund) and continuously appropriates money in the fund to the enterprise to accomplish its duties.

The bill requires the state treasurer, on July 1, 2024, to transfer $264,000 from the general fund to the fund and, on July 1, 2025, to transfer $160,000 from the general fund to the fund for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The money is transferred as a loan to the enterprise, to be paid in full not later than December 31, 2028, with interest.

The bill requires the enterprise, in consultation with the Colorado energy office and the division of oil and public safety within the department, to promulgate rules establishing minimum standards related to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote equity in the marketplace. The department must begin enforcing the rules on July 1, 2025, for all electric vehicle charging stations installed before, on, or after July 1, 2025.

For the purposes of existing laws concerning fuel products, the bill amends the definitions of the terms "fuel products" and "motor fuel" to include electricity when used to fuel electric vehicles.

(Note: This summary applies to this bill as introduced.)