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 is: (a) 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.
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