As used in this part 12, unless the context otherwise
requires:
(1) Barrel means forty-two United States gallons at sixty degrees
Fahrenheit at atmospheric pressure.
(1.5) Battery electric motor vehicle means a motor vehicle that is powered
exclusively by a rechargeable battery pack that can be recharged by being plugged
into an external source of electricity and that has no secondary source of
propulsion.
(2) Board means the governing board of the enterprise.
(3) Commission means the transportation commission created in section
43-1-106 (1).
(4) Department means the department of transportation created in section
24-1-128.7.
(5) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(6) Electric motor vehicle means a battery electric motor vehicle, a
hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle.
(7) Electric motor vehicle charging infrastructure means electric vehicle
charging systems and other electrical equipment installed on site to support
electric motor vehicle charging, including but not limited to battery energy storage
systems.
(7.3) Eligible entity means a local government, local or regional transit
district, regional transportation authority serving one or more counties, or nonprofit
organization that provides public transit.
(7.7) Eligible operating expenses means all operating expenses required
for public transportation, including employee wages and benefits, materials, fuels,
supplies, facilities, rental of facilities, and any other expenditure that directly
supports the expansion of transit service.
(8) Enterprise means the clean transit enterprise created in section 43-4-1203 (1)(a).
(9) Fund means the clean transit enterprise fund created in section 43-4-1203 (5).
(9.5) Gas has the meaning set forth in section 34-60-103 and includes
natural gas liquids.
(9.7) Gas spot price means the Henry Hub natural gas spot price as
reported by the United States energy information administration or a successor
price index selected by the energy and carbon management commission created in
section 34-60-104.3.
(10) Hydrogen fuel cell motor vehicle means a motor vehicle that is
powered by electricity produced from a fuel cell that uses hydrogen gas as fuel.
(11) Inflation means the average annual percentage change in the United
States department of labor, bureau of labor statistics, consumer price index for
Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable
predecessor or successor index, for the five years ending on the last December 31
before a state fiscal year for which an inflation adjustment to be made to the clean
transit retail delivery fee imposed pursuant to section 43-4-1203 (7) begins.
(11.3) MCF means one thousand cubic feet.
(11.7) MMBTU means one million British thermal units.
(12) Motor vehicle has the same meaning as set forth in section 42-1-102
(58). The term does not include a personal delivery device.
(12.5) Oil has the meaning set forth in section 34-60-103.
(12.7) Oil spot price means the west Texas intermediate spot price as
reported by the United States energy information administration or a successor
price index selected by the energy and carbon management commission.
(13) Personal delivery device means an autonomously operated robot that:
(a) Is designed and manufactured for the purpose of transporting tangible
personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians;
(b) Weighs no more than five hundred fifty pounds, excluding any tangible
personal property being transported; and
(c) Operates at speeds of less than ten miles per hour when on sidewalks,
crosswalks, and other public rights-of-way that are typically used by pedestrians.
(14) Plug-in hybrid electric motor vehicle means a motor vehicle that is
powered by both a rechargeable battery pack that can be recharged by being
plugged into an external source of electricity and a secondary source of propulsion
such as an internal combustion engine.
(14.3) Producer has the meaning set forth in section 34-60-103.
(14.5) Production fee amounts means:
(a) For oil, if the average oil spot price for the calendar quarter in which the
production fee for clean transit is being assessed is:
(I) Forty dollars per barrel of oil or less, an amount determined by the
enterprise, with a maximum amount of four cents per barrel of oil;
(II) Greater than forty dollars but less than or equal to fifty dollars per barrel
of oil, an amount determined by the enterprise, with a maximum amount of twelve
cents per barrel of oil;
(III) Greater than fifty dollars but less than or equal to sixty dollars per barrel
of oil, an amount determined by the enterprise, with a maximum amount of twenty-four cents per barrel of oil; and
(IV) Greater than sixty dollars per barrel of oil, an amount determined by the
enterprise, which amount must only increase at a maximum rate of twelve cents for
each ten dollars, or fraction of ten dollars, by which the average oil spot price
exceeds sixty dollars per barrel of oil; and
(b) For gas, if the average gas spot price for the calendar quarter in which
the production fee for clean transit is being assessed is:
(I) One dollar and forty cents per MMBTU of gas or less, an amount
determined by the enterprise, with a maximum amount of 0.16 cents per MCF of
gas;
(II) Greater than one dollar and forty cents but less than or equal to one
dollar and eighty cents per MMBTU of gas, an amount determined by the
enterprise, with a maximum amount of 0.64 cents per MCF of gas;
(III) Greater than one dollar and eighty cents but less than or equal to two
dollars and twenty cents per MMBTU of gas, an amount determined by the
enterprise, with a maximum amount of 1.12 cents per MCF of gas; and
(IV) Greater than two dollars and twenty cents per MMBTU of gas, an
amount determined by the enterprise, which amount must only increase at a
maximum rate of 0.48 cents for each forty cents, or fraction of forty cents, by which
the average gas spot price exceeds two dollars and twenty cents per MMBTU of
gas.
(14.7) Production fee for clean transit or production fees for clean transit
means the production fee for clean transit imposed by the enterprise pursuant to
section 43-4-1204 (1).
(14.9) Production fee for wildlife and land remediation or production fees
for wildlife and land remediation means the production fee for wildlife and land
remediation imposed by the division of parks and wildlife pursuant to section 33-61-103.
(15) Retail delivery has the same meaning as set forth in section 43-4-218
(2)(e).
(16) Retailer has the same meaning as set forth in section 39-26-102 (8).
(17) Repealed.
(18) Tangible personal property has the same meaning as set forth in
section 39-26-102 (15).
(19) Transit means mass transit, as defined in section 43-1-102 (4).
(20) Zero emissions motor vehicle means a battery electric motor vehicle
or a hydrogen fuel cell motor vehicle.