HB 23-1233 CO

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Became Law

Section 2 of the act requires the state electrical board (board) to adopt rules requiring compliance, starting March 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to comply with the electric vehicle (EV) power transfer infrastructure requirements. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern. Sections 3 and 4 expand the prohibition against a landlord of rental property or a management association (association) of a common interest community from unreasonably prohibiting the installation of EV charging equipment in the leased premises or a unit in the common interest community (unit) to also apply to an assigned or a deeded parking space for the leased premises or unit, to parking spaces accessible to both the tenant or unit owner and other tenants or unit owners, and to commercial rental property.A landlord or association must also allow an EV or a plug-in hybrid vehicle to park on the premises. Colorado law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require a local government, when counting minimum parking spaces, to count: Any parking space that is served by an EV charging station as at least one standard automobile parking space; and Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces. Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations or restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle unless the ordinance or resolution addresses a bona fide safety concern. The decision is subject to judicial review. Sections 10 and 11 give local governments that have electrical, elevator and escalator, and plumbing codes adopted by reference to state codes the option to not adopt certain energy efficiency codes when their electrical, elevator and escalator, and plumbing codes are automatically updated because the state has updated these codes. Section 12 exempts, until 2030, EV charging systems from the levy and collection of property tax. Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 13 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. In addition, the department of transportation may develop these types of projects along state highways. Section 14 defines the phrase "disproportionately impacted community" for state government to include communities in which: The proportion of households that are below 200% of the federal poverty level is greater than 40%; The proportion of households that spend more than 30% of household income on housing is greater than 50%; The proportion of the population that identifies as people of color is greater than 40%; The proportion of the population that is linguistically isolated is greater than 20%; The population has a history of being subject to environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities; The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation, may act cumulatively to affect health and the environment and may contribute to persistent disparities; The community is a mobile home park; or The community is located on the Southern Ute or Ute Mountain Ute Indian reservation. All statewide agencies are required to use the definition of disproportionately impacted community, but the agencies are given flexibility in applying the definition. APPROVED by Governor May 23, 2023 EFFECTIVE May 23, 2023(Note: This summary applies to this bill as enacted.)

• Tisha Mauro Democratic · primary
• Alex Valdez Democratic · primary
• Kevin Priola · primary
• Faith Winter · primary

1. May 23, 2023 Governor Signed · executive
2. May 17, 2023 Sent to the Governor · executive
3. May 17, 2023 Signed by the President of the Senate · upper
4. May 17, 2023 Signed by the Speaker of the House · lower
5. May 4, 2023 House Considered Senate Amendments - Result was to Concur - Repass · lower
6. May 3, 2023 House Considered Senate Amendments - Result was to Laid Over Daily · lower
7. May 2, 2023 Senate Third Reading Passed with Amendments - Floor · upper
8. May 1, 2023 Senate Second Reading Special Order - Passed with Amendments - Floor · upper
9. Apr 28, 2023 Senate Second Reading Special Order - Laid Over Daily - No Amendments · upper
10. Apr 24, 2023 Senate Second Reading Laid Over Daily - No Amendments · upper
11. Apr 21, 2023 Senate Second Reading Laid Over to 04/24/2023 - No Amendments · upper
12. Apr 19, 2023 Senate Committee on Transportation & Energy Refer Unamended to Senate Committee of the Whole · upper
13. Apr 14, 2023 Introduced In Senate - Assigned to Transportation & Energy · upper
14. Apr 11, 2023 House Third Reading Passed - No Amendments · lower
15. Apr 10, 2023 House Second Reading Special Order - Passed with Amendments - No Amendments · lower
16. Apr 3, 2023 House Second Reading Laid Over Daily - No Amendments · lower
17. Mar 29, 2023 House Committee on Energy & Environment Refer Amended to House Committee of the Whole · lower
18. Mar 8, 2023 Introduced In House - Assigned to Energy & Environment · lower