DENVER — After two failed attempts in prior legislative sessions, a bill that will change the way Colorado approaches nuclear energy has passed the House of Representatives with bipartisan support and now heads to the Senate for consideration.
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 passed out of the House Energy and Environment Committee, which Valdez chairs, on a 8-5 bipartisan vote, and out of the full House by 43-18-4. The bill didn’t escape amendments, however, with two added in committee and another on second reading on the House floor.
The legislature’s seal of approval is important as 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.
The three amendments were:
- Clarifying how federal regulation would advance Colorado’s clean energy priorities.
- Allowing public utilities to recover up to $15 million from the state for studies regarding potential sites, facility designs, and other activities related to the development of nuclear energy.
- Cleaning up grammatical errors.
Going nuclear
Amy Oliver-Cooke, director of energy and environmental policy work at the Independence Institute,* who has been working to add a nuclear option to Colorado’s energy portfolio for more than a decade testified in committee that nuclear is not only important “because it provides clean, reliable, and safe energy, but also because of its critical role in national security.”
“China currently operates 56 nuclear reactors with a total capacity of 54.3 gigawatts (GW) and has 30 more reactors under construction, adding 32.5 GW of capacity,” she said. “… nuclear power is experiencing a long-overdue renaissance in the United States.”
Closer to home, Cooke noted that in addition to the 28 states already utilizing nuclear power, Illinois recently lifted a four-decade moratorium on new nuclear construction, and Wyoming is emerging as a nuclear energy leader in the Mountain West, with approval for a 35,000-square-foot training facility and TerraPower’s advanced nuclear reactor receiving key state permits.
“As power demand increases and grid reliability declines, more states are turning to nuclear energy as a solution. Unfortunately, Colorado is getting left behind,” Cooke said.
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, Fort St. Vrain was a first of its kind high-temperature gas reactor, a much different type than today, and not used since.
This was the first time (after nearly identical previous attempts in 2023 and 2024 failed) that Democrats have been on the bill as prime sponsors.
The bill now goes to the Senate, where it was assigned to the Transportation and Energy Committee. No hearing date has been set.
Cooke is hopeful this is the year that Colorado goes nuclear, adding it is more important than ever to add the energy source to Colorado’s portfolio. In fact, Gov. Jared Polis has admitted his electrification plan is driving up the cost of energy.
“Colorado’s current energy policies send mixed signals,” she said. “For years, the state pursued a 100 percent wind, solar, and battery goal by 2040. However, the Colorado Energy Office report from 2024 concluded that this strategy is the most expensive way to decarbonize and barely meets reliability standards.”
*Independence Institute is the publisher of Complete Colorado.
