Section 24-38.5-303 - Community access enterprise - creation - board - powers and duties - fund - fee - transparency and reporting(1) The community access enterprise is hereby created in the Colorado energy office. The enterprise is and operates as a government-owned business within the office to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties set forth in this section.(2)(a) The governing board of the enterprise consists of seven members as follows: (I) The governor shall appoint four members with the advice and consent of the senate for terms of the length specified in subsection (2)(b) of this section. Of the four, at least one of the members must represent disproportionately impacted communities; at least one of the members must represent the interests of the automobile industry including manufacturers and dealers, the electric vehicle charging and fueling businesses, or owners or operators of motor vehicle fleets; and at least one of the members must represent a business or organization that supports electric alternatives to motor vehicles. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments to the board no later than October 1, 2021.(II) The director of the Colorado energy office or the director's designee;(III) The executive director of the department of public health and environment or the executive director's designee; and(IV) The executive director of the department of transportation or the executive director's designee.(b) The members of the board appointed by the governor serve for terms of four years; except that two of the members initially appointed shall serve for initial terms of three years. A member who is appointed by the governor to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve.(c) Members of the board serve without compensation but must be reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this part 3.(3) The business purpose of the enterprise is to support the widespread adoption of electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles, in an equitable manner by directly investing in transportation infrastructure, making grants or providing rebates or other financing options to fund the construction of electric motor vehicle charging infrastructure throughout the state, and incentivizing the acquisition and use of electric motor vehicles and electric alternatives to motor vehicles in communities, including but not limited to disproportionately impacted communities, and by owners of older, less fuel efficient, and higher polluting vehicles. To allow the enterprise to accomplish this business purpose and fully exercise its powers and duties through the board, the enterprise may: (a) Impose a community access retail delivery fee as authorized by subsection (7) of this section;(b) Invest in transportation infrastructure programs as authorized by subsection (8) of this section; and(c) Issue revenue bonds payable from the revenue and other available money of the enterprise.(4) 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 ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.(5)(a) The community access enterprise fund is hereby created in the state treasury. The fund consists of community access retail delivery fee revenue credited to the fund pursuant to subsection (7) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the enterprise and may be expended to provide grants and rebates, pay its reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3.(b) The Colorado energy office may transfer money from the energy fund created in section 24-38.5-102.4 to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the Colorado energy office to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the community access enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the community access enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the community access enterprise initial expenses fund to the fund. The community access enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the energy fund for the principal amount of any loan from the energy fund made by the Colorado energy office plus interest at a rate set by the Colorado energy office. Upon receipt of such reimbursement, the Colorado energy office shall instruct the state treasurer to transfer from the energy fund to the general fund the amount needed to fully repay the amount of any general fund money appropriated to the energy fund for the purpose of funding the loan made pursuant to this subsection (5)(b) plus the interest included in the reimbursement.(6) In addition to any other powers and duties specified in this section, the board has the following general powers and duties: (a) To adopt bylaws for the regulation of its affairs and the conduct of its business;(b) To acquire, hold title to, and dispose of real and personal property;(c) In consultation with the director of the Colorado energy office or the director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose;(d) To contract with any public or private entity including state agencies, consultants, and the attorney general's office for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts.(e) To seek, accept, and expend gifts, grants, donations, or other payments from private or public sources for the purposes of this part 3 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.(f) To publish grant and similar program processes by which the enterprise accepts applications, the criteria used for evaluating applications, and a list of grantees pursuant to subsection (8) of this section;(g) To promulgate rules for the sole purpose of setting the amount of the community access retail delivery fee at or below the maximum amount authorized in this section; and(h) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.(7)(a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, a community access retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the community access retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the community access retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).(b) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the enterprise shall impose the community access retail delivery fee in a maximum amount of six and nine-tenths cents.(c)(I) Except as otherwise provided in subsection (7)(c)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the community access retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the community access retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.(II) The enterprise is authorized to adjust the amount of the community access retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.(8) In furtherance of its business purpose, and subject to the requirements set forth in this subsection (8), the enterprise is authorized to implement grant, loan, or rebate programs for the following purposes:(a) To fund the construction of electric motor vehicle charging infrastructure including but not limited to:(I) Public, workplace, transportation network company, and multifamily electric vehicle chargers;(II) Electric vehicle chargers for communities, including but not limited to disproportionately impacted communities;(III) Electric vehicle chargers for medium-duty electric motor vehicles and heavy-duty electric motor vehicles, including electrified refrigerated trailers;(IV) Infrastructure needs to support the powering of hydrogen fuel cell motor vehicles; and(V) Networks and plazas of direct current charging infrastructure that offer fast charging for electric motor vehicles;(b) To provide inexpensive and accessible electric alternatives to motor vehicles such as electrical assisted bicycles and electric scooters;(c) To support the adoption of electric motor vehicles in communities, including but not limited to disproportionately impacted communities, including by incentivizing replacement of high-emitting motor vehicles with electric motor vehicles; and(d) To provide incentives for transportation network companies and companies that rent motor vehicles to transportation network company drivers for use in providing transportation network company services to increase access to overnight charging capability for drivers.(9) The enterprise shall contract with the air pollution control division of the department of public health and environment to develop proposed rules for the consideration of the air quality control commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department of transportation when developing the rules.(10)(a) To ensure transparency and accountability, the enterprise shall:(I) No later than June 1, 2022, publish and post on its website a ten-year plan that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.(II) Create, maintain, and regularly update on its website a public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;(III) Engage regularly regarding its projects and activities with the public, specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest groups that are likely to be interested in the projects and activities; and(IV) Prepare an annual report regarding its activities and funding and present the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10)(a)(IV) to the specified legislative committees continues indefinitely.(b) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", contained in part 4 of article 6 of this title 24, and the "Colorado Open Records Act", part 2 of article 72 of this title 24.(c) For purposes of the "Colorado Open Records Act", part 2 of article 72 of this title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.(d) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.Amended by 2023 Ch. 153,§ 3, eff. 7/1/2023.Added by 2021 Ch. 250, § 6, eff. 6/17/2021.