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Colorado House Bill 1040: Bipartisan push tags nuclear as clean energy

DENVER — A bill introduced for the third consecutive legislative session, this time with bipartisan support, could change the way Coloradans approach energy use in the future.

House Bill 25-1040, sponsored in the House by Denver Democrat Alex Valdez and Pueblo Republican Ty Winter and in the Senate by Frisco Democrat Dylan Roberts and Colorado Springs Republican Larry Liston would add nuclear power to the state’s definition of “clean energy.”

The bill was introduced on Jan. 8 and assigned to the House Energy and Environment Committee, which Valdez chairs.

The designation is important as under current statute those forms of energy officially classified as clean energy are the only types eligible for what the bill summary refers to as “clean energy project financing” at the county and city level.

It also determines which energy resources may be used by a qualifying retail utility to meet Governor Polis’ lofty, and ever-increasingly expensive goal of net-zero greenhouse gas emissions by 2050.

If passed it would mark a major legislative shift on energy policy by majority Democrats, who have to this point avoided conversations about nuclear as a clean energy option.

A ‘vibe shift’ for nuclear

Jake Fogleman, co-host of Independence Institute’s* Colorado energy policy podcast said because of the state’s current policies defining what forms of energy utilities can use to meet the 2050 goal, if this bill fails to pass, it is going to tie their hands as the state’s power grid continues to take on more and more energy use.

This is the first time (after previous attempts in 2023 and 2024 failed) that Democrats have been on the bill as prime sponsors. All three bills have been nearly identical, but Fogleman said he believes there has been a shift in mindset as it becomes clear Colorado’s goal might not get met without nuclear energy use.

“I think there has been a vibe shift – even in Colorado – where Democrats are realizing that the sudden spike in electricity demand from (new electric mandates) is putting pressure on the grid,” Fogleman said. “An epiphany of ‘oh yes maybe we should include the most reliable form of energy in our portfolio.’”

Coloradans are not new to nuclear energy. Fort St. Vrain, which was south of Greeley and operated from 1974 to 1989, was decommissioned in 1991 after several years of multiple problems and concerns with its operation.

However, Fogleman points out that Fort St. Vrain was a first of its kind high-temperature gas reactor, a much different type than today, and not used since.

“The new light water reactors have been used without incident,” Fogleman said about the 92 nuclear reactor sites across the United States. “Fifty percent of the country’s carbon free energy is nuclear, and it makes up about 20 percent of total energy use.”

Fogleman also pointed out that even if the bill passes, it doesn’t mean a nuclear plant is coming to Colorado anytime soon, but it opens the door for when it becomes unavoidable.

“Statute defines clean energy as energy that does not produce greenhouse emissions, nuclear does not,” Fogleman said. “It is not dependent on the weather for production and is more reliable than natural gas and coal.  It is the most consistent power source.”

Weld County contingent

At least three members of the House Energy and Transportation Committee are already well-versed in Colorado’s growing energy needs. Rep. Dan Woog, R-Erie; Rep. Carlos Baron, R-Fort Lupton; and Rep. Ryan Gonzalez, R- Greeley are all likely to support the bill.

The three men all represent different portions of Weld County, a major Colorado energy production region, from the south edge of the county to Greeley, and all have constituents living in the area of the former Fort St. Vrain plant.

Fogleman is cautiously optimistic this could pass.

“The fact it does not have a fiscal note and two Dems as prime sponsors says it has good odds,” Fogleman said. “I think it makes it out of the House committee. We’ll see what happens when it comes to the floor. And that it will depend on what committee it gets assigned to in the Senate.”

*Independence Institute is the publisher of Complete Colorado.

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