5 Colo. Code Regs. § 1001-26-A-IV

Current through Register Vol. 47, No. 16, August 25, 2024

Section 5 CCR 1001-26-A-IV - [Effective 9/15/2024] Reporting Requirements

IV.A. Owners and operators of facilities or entities identified in Section III.A. must submit a report of all GHG emissions or supply in the previous calendar year. GHG emissions or supply must be reported utilizing Division-approved format or forms.

IV.A.1. The first report for owners and operators of facilities or entities required to report for calendar year 2020 pursuant to 40 CFR, Part 98 is due on or before March 31, 2021 (and by March 31 every year thereafter).

IV.A.2. Owners and operators of facilities or entities covered by Sections III.A.1 through III.A.5 must report to the Division even if their emissions are below the reporting thresholds of 40 CFR, Part 98 . The first report for owners and operators of facilities or entities under Sections III.A.1. through III.A.5. that were not required to submit a federal report for calendar year 2020 pursuant to 40 CFR, Part 98 is due on or before March 31, 2022 for calendar year 2021 (and by March 31 every year thereafter).

IV.A.3. Owners and operators of facilities or entities under Sections III.A.7. through III.A.9. may report for any year. GHG emissions reported under this Section IV.A.3. must be submitted by March 31 for the prior year.

IV.B. GHG reports submitted must include the following:

IV.B.1. Individual GHG constituents (in metric tons per year) and aggregated CO2e emissions.

IV.B.2. AIRS ID if assigned to a subject facility, along with the facility name, entity name or supplier name (as appropriate), and physical street address of the facility, entity or supplier, including the city, State, and zip code. If the facility does not have a physical street address, then the facility must provide the latitude and longitude representing the geographic centroid or center point of facility operations in decimal degree format. This must be provided in a comma-delimited "latitude, longitude" coordinate pair reported in decimal degrees to at least four digits to the right of the decimal point.

IV.B.3. NAICS code(s) that apply to the facility or supplier, including the primary NAICS code and any additional NAICS code(s).

IV.B.4. Year and months covered by the report.

IV.B.5. Date of submission.

IV.B.6. Certification statement signed and dated by a responsible official, or their designated representative, that identifies the individual's title and contact information and attests that the report being submitted is true, accurate and complete to the best of the certifying individual's knowledge.

IV.C. In addition to the information required under Section IV.B., electric service providers and electric utilities must also report the following information for the prior year using Division-approved forms by no later than June 30 of each year:

IV.C.1. Beginning June 30, 2022, data elements necessary for the Division to determine GHG emissions attributable to imported and exported electricity. The reporting requirements in Section IV.C.1. track emissions associated with imports and exports in order to attribute GHG emissions from electricity delivered to customers in the State of Colorado, and determine GHG emissions from electricity exported out of the state. Emissions from imports and exports also informs the development, assessment, and refinement of strategies to achieve the statewide greenhouse gas targets and may assist local organizations with GHG planning efforts.

IV.C.1.a. In reporting the requirements of this Section IV.C.1., the electric service provider or electric utility will:

IV.C.1.a.(i) Use the reporting form published by the Division to report annualized data in a consistent format.

IV.C.1.a.(ii) Use the most detailed data readily available for business purposes when determining the annual reported values including, but not limited to, short or long term contracts, internal tracking systems for energy transactions between counterparties or through organized markets, or for other regulatory reporting requirements to the Colorado Public Utilities Commission, US EPA, Energy Information Administration, or Federal Energy Regulatory Commission.

IV.C.1.a.(iii) Use the most specific data sources in the published form for assigning GHG emissions to imports and exports of unspecified energy, electricity acquired through contract obligations, market electricity purchased or sold from a pooled group of resources, or renewable energy for which a renewable energy credit is not included with the purchase or sale. Data sources may include defined contractual requirements, facility specific or portfolio GHG emissions factors, published balancing authority or regional emissions intensity factors, or other data sources approved in advance by the Division.

IV.C.1.a.(iv) Not be required to report duplicative information from generation facilities, wholesale utilities, and retail utilities under common ownership of an electric service provider or electric utility.

IV.C.1.b. The annual data elements to be reported pursuant to Section IV.C.1. include but are not limited to:

IV.C.1.b.(i) For each fossil fuel fired generation facility, the Total Gross Megawatt-hours (MWh) generated at the facility and Net MWh received by each entity with an ownership stake in the facility, which must be reported by the entity with operational control.

IV.C.1.b.(ii) For each electric utility or electric service provider, the following information, aggregated by Counterparty, where applicable:

IV.C.1.b.(ii)(A) For all imported electricity, the quantity of electricity, and associated GHG emissions, including the emissions factors and emissions-factor basis, imported directly from owned generation or contracted generation located outside the State of Colorado, the quantity of electricity and associated GHG emissions, including the emissions factors and emissions-factor basis, purchased at Transaction Points located outside the State of Colorado and imported into Colorado, and the quantity of electricity and associated GHG emissions, including the emissions factors and emissions-factor basis, sold from out of state generation at Transaction Points within the State of Colorado;

IV.C.1.b.(ii)(B) For all exported electricity, the quantity of electricity, and associated GHG emissions, including the emissions factors and emissions-factor basis, delivered to Transaction Points outside the State of Colorado; and

IV.C.1.b.(iii) For each wholesale or retail utility, the quantity of renewable energy credits including vintage year acquired and transferred through energy transactions, sold, or retired to meet Colorado renewable energy standards.

IV.C.2. The data elements necessary for the Division to track the progress of GHG reductions from plans that have been approved by the Public Utilities Commission, including but not limited to Clean Energy Plans filed in accordance with § 40-2-125.5, C.R.S. (May 30, 2019). Progress tracking after a plan has been approved will inform development, assessment, and refinement of strategies to achieve the statewide greenhouse gas targets. Data collection pursuant to this Section IV.C.2. begins on January 1 of the year following approval of a plan, and the first report is due no later than June 30 of the year following the first year of data collection and annually thereafter.

IV.C.2.a. In reporting the requirements of this Section IV.C.2., the electric service provider or electric utility will:

IV.C.2.a.(i) Use the annual reporting form published by the Division, which is to be consistent with the methods, forms, or reports used for filings to the Public Utilities Commission.

IV.C.2.a.(ii) Use references to information submitted to the Public Utilities Commission as support for data elements reported on the form in lieu of submitting duplicative information to the Division.

IV.C.2.b. The data elements that must be reported pursuant to Section IV.C.2. include, but are not limited to:

IV.C.2.b.(i) Calculations of percent CO2 and percent GHG reductions from the 2005 baseline emissions approved in the plan. For utilities that conduct both retail and wholesale sales, percent reduction calculations must be provided based on retail sales only as well as for total combined retail and wholesale sales.

IV.C.2.b.(ii) A statement of the GHG accounting methodology used in the approved plan and percent reduction calculations, and any changes to that methodology if they occur for the reporting year. If methodology changes occur, supporting data for both the reporting year and baseline year must be provided to verify the percent reduction calculations.

IV.C.2.b.(iii) Changes in service territory from that identified in the approved plan that may impact the baseline values and percent reduction calculations.

IV.C.2.b.(iv) Plan Revisions filed with the Public Utilities Commission that are awaiting approval.

IV.C.2.b.(v) The number of renewable energy credits used for compliance with a Clean Energy Plan with the same vintage as the reporting year, that are generated and retired during the year.

IV.D. Report Revisions Due to Substantive Errors

IV.D.1. A substantive error is an error that impacts the quantity of GHG emissions reported or otherwise prevents the reported data from being validated or verified.

IV.D.2. If one or more substantive errors as defined in Section IV.D.1. are discovered in a previously submitted GHG report by an entity responsible for preparing or submitting the report, or providing data for the report, the Division must be notified in writing of the errors within five (5) business days of discovery of the errors and a revised report that corrects the substantive errors must be submitted within forty-five (45) days of the discovery of the errors.

IV.D.3. If the Division identifies substantive errors in a submitted report, the Division may notify the entity responsible for the report of the errors and a revised report that corrects the substantive errors must be submitted within forty-five (45) days of the notification.

IV.D.4. The Division may provide reasonable extensions of the forty-five day (45) period for submission of a revised report on a case-by-case basis when requested in writing by the reporting entity. The extension request must include details on why the request is being made and the additional requested time needed to submit the revised report.

5 CCR 1001-26-A-IV

45 CR 01, January 10, 2022, effective 1/30/2022

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 24, December 25, 2022, effective 1/14/2023

46 CR 10, May 25, 2023, effective 6/14/2023

47 CR 16, August 25, 2024, effective 9/15/2024