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SB26-028 • 2026

Removal of Wind Energy from State Energy Goals

The bill removes wind energy as an eligible renewable energy resource under Colorado's renewable energy standard and removes wind energy generation from consideration for the state's clean energy targ

Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Sen. R. Pelton
Last action
2026-02-18
Official status
Senate Committee on Transportation & Energy Postpone Indefinitely
Effective date
Not listed

Plain English Breakdown

The official source material does not specify if there are requirements for updating existing rules or providing additional regulatory authority.

Removing Wind Energy from State Goals

This bill removes wind energy as a renewable resource under Colorado's clean energy standards and goals.

What This Bill Does

  • Removes wind energy from the list of eligible renewable resources in Colorado’s renewable energy standard.
  • Excludes wind energy generation when setting state clean energy targets.

Who It Names or Affects

  • Electric utilities and providers in Colorado
  • State agencies responsible for setting renewable energy standards

Terms To Know

Renewable Energy Resources
Energy sources that are naturally replenished, such as solar or wind power.
Clean Energy Targets
Goals set by the state to reduce carbon emissions and increase use of renewable energy.

Limits and Unknowns

  • The bill does not specify what happens to existing wind energy projects.
  • It is unclear how this change will affect Colorado's overall clean energy goals.
  • The effective date depends on whether a referendum petition is filed against the act.

Bill History

  1. 2026-02-18 Senate

    Senate Committee on Transportation & Energy Postpone Indefinitely

  2. 2026-01-14 Senate

    Introduced In Senate - Assigned to Transportation & Energy

Official Summary Text

The bill removes wind energy as an eligible renewable energy resource under Colorado's renewable energy standard and removes wind energy generation from consideration for the state's clean energy targets.
(Note: This summary applies to this bill as introduced.)

Current Bill Text

Read the full stored bill text 
Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0344.01 Christopher McMichael x4775 SENATE BILL 26-028
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING REMOVAL OF WIND GE NERATION AS A CLEAN ENERGY101
SOURCE RELATED TO THE STATE'S CLEAN ENERGY GOALS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill removes wind energy as an eligible renewable energy
resource under Colorado's renewable energy standard and removes wind
energy generation from consideration for the state's clean energy targets.
Be it enacted by the General Assembly of the State of Colorado:1
SENATE SPONSORSHIP
Pelton R.,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
SECTION 1. In Colorado Revised Statutes, 40-2-124, amend1
(1)(a)(VII) as follows:2
40-2-124. Renewable energy standards - qualifying retail and3
wholesale utilities - definitions - net metering - legislative declaration4
- rules.5
(1) Each provider of retail electric service in the state of Colorado,6
other than municipally owned utilities that serve forty thousand customers7
or fewer, is a qualifying retail utility. Each qualifying retail utility, with8
the exception of cooperative electric associations that have voted to9
exempt themselves from commission jurisdiction pursuant to section10
40-9.5-104 and municipally owned utilities, is subject to the rules11
established under this article 2 by the commission. No additional12
regulatory authority is provided to the commission other than that13
specifically contained in this section. In accordance with article 4 of title14
24, the commission shall revise or clarify existing rules to establish the15
following:16
(a) Definitions of eligible energy resources that can be used to17
meet the standards. "Eligible energy resources" means recycled energy,18
renewable energy resources, and renewable energy storage. In addition,19
resources using coal mine methane and synthetic gas produced by20
pyrolysis of waste materials are eligible energy resources if the21
commission determines that the electricity generated by those resources22
is greenhouse gas neutral. The commission shall determine, following an23
evidentiary hearing, the extent to which such electric generation24
technologies utilized in an optional pricing program may be used to25
comply with this standard. A fuel cell using hydrogen derived from an26
eligible energy resource is also an eligible electric generation technology.27
SB26-028-2-
Fossil and nuclear fuels and their derivatives are not eligible energy1
resources. As used in this section:2
(VII) "Renewable energy resources" means solar, wind,3
geothermal, biomass that is greenhouse gas neutral, new hydroelectricity4
with a nameplate rating of ten megawatts or less, and hydroelectricity in5
existence on January 1, 2005, with a nameplate rating of thirty megawatts6
or less and that does not require the construction of any new dams or7
reservoirs. Notwithstanding any other provision of this subsection8
(1)(a)(VII), a biomass electric generation facility that was in existence on9
or before January 1, 2021, or that has a nameplate rating of ten megawatts10
or less, shall be considered a renewable energy resource.11
SECTION 2. In Colorado Revised Statutes, 40-2-125.5, add12
(2)(b)(III) as follows:13
40-2-125.5. Carbon dioxide em ission reducti ons - goal to14
eliminate by 2050 - legislative declaration - interim targets -15
submission and approval of plans - definitions - cost recovery -16
reports - rules.17
(2) Definitions. As used in this section, unless the context18
otherwise requires:19
(b) (III) "C LEAN ENERGY RESOURCE " DOES NOT INCLUDE WIND20
ENERGY.21
SECTION 3. Act subject to petition - effective date -22
applicability. (1) This act takes effect at 12:01 a.m. on the day following23
the expiration of the ninety-day period after final adjournment of the24
general assembly (August 12, 2026, if adjournment sine die is on May 13,25
2026); except that, if a referendum petition is filed pursuant to section 126
(3) of article V of the state constitution against this act or an item, section,27
SB26-028-3-
or part of this act within such period, then the act, item, section, or part1
will not take effect unless approved by the people at the general election2
to be held in November 2026 and, in such case, will take effect on the3
date of the official declaration of the vote thereon by the governor.4
(2) This act applies to clean energy plans filed and renewable5
energy credits applied for on or after the applicable effective date of this6
act.7
SB26-028-4-