Colorado Solar Energy Licensing Law

Colorado Code · 86 sections

The following is the full text of Colorado’s solar energy licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 12-115-103

12-115-103. Definitions. As used in this article 115, unless the context otherwise requires:

(1)  Apprentice means a person who is required to be registered as such

under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman.

(2)  Board means the state electrical board created in section 12-115-104.


(2.5)  Direct supervision means that the supervising licensed master

electrician, journeyman electrician, residential wireman, or photovoltaic installer is physically present at the same physical address where the apprentice is working.

(3)  Electric light, heat, and power means the standard types of electricity

that are regulated in accordance with the national electrical code, excluding chapter 8, communications systems.

(4)  Electrical contractor means any person, firm, copartnership,

corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor.

(5)  Electrical work means wiring for, installing, and repairing electrical

apparatus and equipment for electric light, heat, and power.

(6)  Journeyman electrician means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work.

(7)  Master electrician means a person having the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code.

(7.5)  NABCEP means the North American Board of Certified Energy

Practitioners.

(7.7)  NABCEP PV installation professional means an individual who is

certified by the NABCEP to install photovoltaic systems.

(8)  National electrical code means the code for the safe installation of

electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations.

(9)  Permanent state highway tunnel facilities means all permanent state

highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities.

(9.3)  Photovoltaic installer has the meaning set forth in section 40-2-128

(2)(a.5).

(9.5)  PV installation training means training concerning photovoltaic

systems installation practices described in the PV Installation Professional Job Task Analysis document published by the NABCEP.

(10)  Qualified state institution of higher education means:


(a)  One of the state institutions of higher education established under,

specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses;

(b)  The institution whose campus is established under and specified in

section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c)  The institution whose campus is established under and specified in

section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(11)  Residential wireman means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings.

(12)  Supervision means the management of a project to ensure that work

on the project is done correctly and according to the law.

(13)  Tiny home has the meaning set forth in section 24-32-3302 (35).


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

843, � 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, � 10, effective October 1. L. 2022: (13) added, (HB 22-1242), ch. 172, p. 1136, � 27, effective August 10. L. 2025: (2.5) and (3) amended and (7.5), (7.7), (9.3), and (9.5) added, (SB 25-165), ch. 370, p. 1996, � 1, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-101 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-115-107

12-115-107. Board powers and duties - rules - definitions. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.

(b)  A majority of the board shall constitute a quorum for the transaction of

all business.

(2)  In addition to all other powers and duties conferred or imposed upon the

board by this article 115, the board is authorized to:

(a) (I)  Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the

standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105.

(II)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.

(b)  Register apprentices and register and renew the registration of qualified

electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;

(c)  Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor;


(d)  Inspect and approve or disapprove the installation of electrical wiring,

renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:

(I)  An inverter-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a micro hydro system means a hydroelectric generation system that generates one hundred kilowatts or less.

(II)  An induction-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:

(A)  To a listing standard by a field evaluation body or nationally recognized

testing laboratory; or

(B)  By a professional engineer, by means of signing and stamping

documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.

(e)  Apply any hydroelectric energy provisions of an updated national

electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;

(f) (I)  Regulate a licensed master electrician, journeyman electrician,

residential wireman, or photovoltaic installer who, acting within their scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.

(II)   All photovoltaic electrical work for installations of at least three hundred

kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must:

(A)  Be performed by a licensed master electrician, a licensed journeyman

electrician, a licensed residential wireman, or properly supervised electrical apprentices; and

(B)  Comply with all applicable requirements of this article 115, including

sections 12-115-109 and 12-115-115, and all applicable rules of the board.

(III)  Only an electrical contractor or a photovoltaic installer may perform or

offer to perform photovoltaic electrical work for installations of less than three hundred kilowatts.

(f.5)  Regulate photovoltaic electrical work for installations of less than three

hundred kilowatts performed in accordance with section 40-2-128;

(g)  Review and approve or disapprove requests for exceptions to the national

electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;

(h)  Conduct investigations and hearings and gather evidence in accordance

with the provisions of sections 12-20-403 and 24-4-105;

(i)  Enter into reciprocal licensing agreements with the electrical board, or its

equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;

(j)  Find, upon holding a hearing, that an incorporated town or city, county,

city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);

(k)  Issue an order to cease and desist from issuing permits or performing

inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;

(l)  Apply to a court to enjoin an incorporated town or city, county, city and

county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.

(3) (a)  No later than September 1, 2023, the board shall promulgate rules

requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.

(b) (I)  If the rules adopted in accordance with this subsection (3) conflict with

a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.

(II)  If a provision of a local building or zoning code prevents a project or

development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.

(c) (I)  This subsection (3) applies to electrical permits for new construction of

or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.

(II)  The board and the department shall not enforce the rules promulgated

under subsection (3)(a) of this section before March 1, 2024.

(III)  If an electrical permit application is submitted to a local electrical

inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(IV)  If a site development plan application is submitted to a local government

and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(d) (I)  In promulgating the rules required under subsection (3)(a) of this

section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.

(II)  Within ninety days after any update made by the energy code board to

the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.

(III)  The rules promulgated under subsection (3)(a) of this section do not

supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.

(e)  Any installations or upgrades performed in accordance with the rules

promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections 12-115-109 and 12-115-115, and all rules of the board.

(f)  For all electric vehicle infrastructure or charging stations owned by an

electric utility, the utility shall comply with section 40-5-107 (3)(b).

(g)  As used in this subsection (3) and in subsection (4) of this section:


(I)  Electric vehicle charging system has the meaning set forth in section

38-12-601 (6)(a).

(II)  EV power transfer infrastructure means any system that is used to

charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.

(III)  Major renovations means renovations that change a minimum of fifty

percent or more of the parking area.

(IV)  Model electric ready and solar ready code means the code developed

by the energy code board under section 24-38.5-401 (5)(a) to make buildings electric ready as specified in section 24-38.5-401 (5)(b).

(4) (a)  Notwithstanding any authority granted to the board by this section,

the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.

(b)  Any rule promulgated by the board that prohibits the installation of

electric vehicle charging systems is subject to judicial review as authorized in article 4 of title 24.

(5) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Electrical installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed electrician under a registered electrical contractor.

(c)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 115 and must be performed by licensed electrical inspectors.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

846, � 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, � 4, effective October 1. L. 2022: (2)(a) amended, (HB 22-1362), ch. 301, p. 2178, � 2, effective June 2. L. 2023: (3) and (4) added, (HB 23-1233), ch. 245, p. 1317, � 2, effective May 23. L. 2025: (5) added, (SB 25-002), ch. 172, p. 713, � 3, effective May 8; (2)(f) amended (2)(f.5) added, (SB 25-165), ch. 370, p. 2000, � 5, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-104 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1003.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 12-115-110

12-115-110. License requirements - rules - continuing education - photovoltaic installer registration - repeal. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that:

(I)  The applicant is a graduate electrical engineer of an accredited college or

university and has one year of practical electrical experience in the construction industry;

(II)  The applicant is a graduate of an electrical trade school or community

college and has at least four years of practical experience in electrical work; or

(III)  The applicant has had at least one year of practical experience in

planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license.

(b)  Each applicant for a license as a master electrician must file an

application on forms prepared and furnished by the board, together with the application fee provided in section 12-115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant.

(2)  Journeyman electrician. (a)  An applicant for a journeyman electrician's

license shall furnish written evidence that the applicant has had the following:

(I)  Eight thousand hours over a period of at least four years' apprenticeship

in the electrical trade or eight thousand hours over a period of at least four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power;

(II)  Two thousand hours over a period of at least two years of the applicant's

experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and

(III)   During the last eight years of the applicant's training, apprenticeship, or

practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, completion of at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules adopted by the board, in collaboration with established industry training programs and industry representatives. The board may grant an applicant credit toward the training requirement in this subsection (2)(a)(III) for training that occurred before the last eight years of the applicant's training, apprenticeship, or practical experience if the applicant provides proof of completion of no less than four hours of additional training on the current or immediately previous edition of the national electrical code or the standards adopted by the board pursuant to section 12-115-107 (2)(a).

(b)  An applicant may substitute for required practical experience evidence of

academic training or practical experience in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that does not qualify under subsection (2)(b)(I) of this section, the board may provide work experience credit for the training or for substantially similar training established by rule.

(c)  Any application for a license and notice to the applicant shall be made

and given as provided for in the case of a master electrician's license.

(3)  Residential wireman. (a)  An applicant for a residential wireman's license

shall furnish written evidence that the applicant has at least two years of accredited training or four thousand hours over a period of at least two years of practical experience in wiring one-, two-, three-, and four-family dwellings.

(b)  An applicant may substitute for required practical experience evidence of

academic training in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board may provide work experience credit for the training according to a uniform ratio established by rule.

(c)  Any residential wireman's license issued under this section shall be

clearly marked as such across its face.

(4) (a)  The board shall provide for licensing examinations. Any examination

that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman.

(b)  All license and registration expiration and renewal schedules shall be in

accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117.

(c)  Licenses issued pursuant to this article 115 are subject to the renewal,

expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1).

(d) (I) (A)  Except as otherwise provided in subsection (4)(d)(I)(B) of this

section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement.

(B)  Subsection (4)(d)(I)(A) of this section does not apply to the first renewal

or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section.

(II)  On or before April 1, 2017, the board, in collaboration with established

industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.

(5) (a)  No person, firm, copartnership, association, or combination thereof

shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section.

(b)  If either the owner or the part owner of any firm, copartnership,

corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor.

(c)  If any person, firm, copartnership, corporation, association, or

combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor.

(d)  No holder of a master's license shall be named as the master electrician,

under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122.

(6) (a)  For the purposes of subsections (2)(a)(I) and (3)(a) of this section, in

addition to other means of earning practical experience, an applicant earns practical experience by working:

(I)  Two thousand hours as a NABCEP PV installation professional working for

or working as a photovoltaic installer;

(II)  Up to two thousand hours of practical experience working under the

supervision of a NABCEP PV installation professional working for or working as a photovoltaic installer, so long as the supervising NABCEP PV installation professional provides proof of the applicant's employment and an affidavit attesting that the applicant earned the hours working under the supervision of a NABCEP PV installation professional; or

(III)  Up to four thousand hours as a NABCEP PV installation professional

working for or working as a photovoltaic installer if the applicant submits additional documentation to the board, including payroll records, work orders, project descriptions, or other relevant materials that document significant solar industry work that qualifies as electrical hours. The board shall review the documentation and determine how many hours of practical experience the applicant earns beyond the two thousand hours permitted by subsection (6)(a)(I) of this section.

(b)  For every two hours that an applicant works as described in subsection

(6)(a)(II) or (6)(a)(III) of this section, the applicant earns one hour for the purposes of subsection (2)(a)(I) or (3)(a) of this section.

(7) (a)  A contractor that is operating as of September 1, 2025, and that

performs work as a photovoltaic installer pursuant to section 40-2-128 with at least one NABCEP-certified employee shall register as a photovoltaic installer with the board on or before December 31, 2026; except that a contractor may register with the board during a sixty-day grace period in accordance with section 12-20-202 (1)(e).

(b)  A contractor registering as a photovoltaic installer pursuant to this

subsection (7) shall designate an agent or agents for the purpose of registration with the board.

(c)  If none of the agents designated pursuant to subsection (7)(b) of this

section are affiliated with the contractor:

(I)  The contractor's registration as a photovoltaic installer with the board is

invalid; and

(II)  The contractor's registration is ineligible for reinstatement.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

849, � 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, � 13, effective October 1. L. 2025: (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), and (3)(b)(II) amended and (6) and (7) added, (SB 25-165), ch. 370, p. 1997, � 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-106 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-115-117

12-115-117. Fees. (1) As established pursuant to section 12-20-105, fees shall be charged by the board for the following:

(a)  Master electrician's license or permit;


(b)  Renewal of master electrician's license;


(c)  Journeyman electrician's license or permit;


(d)  Renewal of journeyman electrician's license;


(e)  Examination for master electrician;


(f)  Examination for journeyman electrician;


(g)  Electrical contractor registration;


(h)  Renewal of electrical contractor registration;


(i)  Residential wireman's license or permit;


(j)  Renewal of residential wireman's license;


(k)  Examination for residential wireman;


(l)  Apprentice registration; and


(m)  Photovoltaic installer registration.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

858, � 1, effective October 1. L. 2025: (1)(l) amended and (1)(m) added, (SB 25-165), ch. 370, p. 2001, � 6, effective August 6.

Editor's note: This section is similar to former � 12-23-112 as it existed prior

to 2019.

C.R.S. § 12-155-103

12-155-103. Definitions. As used in this article 155, unless the context otherwise requires:

(1)  Board means the state plumbing board created in section 12-155-104.


(1.2)  Colorado fuel gas code means a code adopted by rule of the board for

the inspection of plumbing fuel gas pipe installations.

(1.4)  Colorado plumbing code or the code means a code established by

the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply.

(1.6) (a)  Conservation means efficiency measures that meet national

guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including:

(I)  Water-efficient devices and fixtures; and


(II)  The use of locally produced materials, when practicable, to reduce

transportation impacts.

(b)  When conservation conflicts with safety, the board shall give primary

consideration to safety.

(c)  Nothing in this subsection (1.6) affects the board's authority to establish

the Colorado plumbing code as specified in section 12-155-106.

(2)  Gas piping means any arrangement of piping used to convey fuel gas,

supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. Gas piping or gas piping system does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40 or a public utility owned or acquired by a city or town pursuant to article 32 of title 31.

(3)  Journeyworker plumber means any person, other than a master

plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.

(4)  Master plumber means a person who has the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision of such in accordance with the standards and rules established by the board.

(5) to (7)  Repealed.


(8) (a)  Plumbing includes the following items located within the building or

extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all water conditioning appliances connected to the potable water system; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health-care facilities.

(b)  Notwithstanding subsection (8)(a) of this section, the following is not

included within the definition of plumbing:

(I)  Installations, extensions, improvements, remodeling, additions, and

alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32; or

(II)  Installations, extensions, improvements, remodeling, additions, and

alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or

(III)  Performance, location, construction, alteration, installation, and use of

on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.

(9)  Plumbing apprentice means any person, other than a master,

journeyworker, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.

(10)  Plumbing contractor means any person, firm, partnership, corporation,

association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ a full-time master plumber. Plumbing contractor does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal.

(11)  Potable water means water that is safe for drinking, culinary, and

domestic purposes and that meets the requirements of the department of public health and environment.

(12)  Qualified state institution of higher education means:


(a)  One of the state institutions of higher education established under,

specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on those campuses;

(b)  The institution whose campus is established under and specified in

section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c)  The institution whose campus is established under and specified in

section 23-20-101 (1)(d), but limited to current and future buildings owned or leased or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(13)  Residential plumber means any person, other than a master or

journeyworker plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.

(13.5)  Tiny home has the meaning set forth in section 24-32-3302 (35).


(14) (a)  Water conditioning contractor means a person that is not a

plumbing contractor and that:

(I)  Undertakes or offers to undertake for another the planning, laying out,

supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which dwellings must not extend more than two stories aboveground; and

(II)  Is required to be registered pursuant to section 12-155-108 (4).


(b)  Repealed.


(15) (a)  Water conditioning installer means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (5).


(b)  Repealed.


(16) (a)  Water conditioning principal means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, including the supervision of the work in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (6).


(b)  Repealed.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

987, � 1, effective October 1. L. 2022: (13.5) added, (HB 22-1242), ch. 172, p. 1137, � 29, effective August 10. L. 2024: (3), (9), (13), IP(14)(a), IP(15)(a), and IP(16)(a) amended and (14)(b), (15)(b), and (16)(b) repealed, (HB 24-1344), ch. 343, p. 2320, � 1, effective July 1; (3), (9), and (13) amended, (HB 24-1344), ch. 343, p. 2321, � 2, effective July 1, 2025. L. 2025: (1.2), (1.4), and (1.6) added with relocations and (5), (6), and (7) repealed, (HB 25-1306), ch. 204, pp. 925, 926, �� 1, 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-58-102 as it existed

prior to 2019.

(2)  Amendments to subsections (3), (9), and (13) by sections 1 and 2 of HB 24-1344 were harmonized, effective July 1, 2025.


(3)  Subsections (1.2), (1.4), and (1.6) are similar to former subsections (6), (5),

and (7), respectively, as they existed prior to 2025.

C.R.S. § 12-155-106

12-155-106. Colorado plumbing code - amendments - variances - Colorado fuel gas code. (1) In accordance with article 4 of title 24, the board shall establish a Colorado plumbing code, as defined in section 12-155-103 (1.4). The code must represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state.

(2)  Local governments are permitted to amend the code for their

jurisdictions as long as the amendments are at least equal to the minimum requirements set forth in the Colorado plumbing code.

(3)  If petitioned, the board shall annually hold public hearings to consider

amendments to the Colorado plumbing code.

(4)  The board is authorized to review and approve or disapprove requests for

exceptions to the code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised.

(4.5)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the Colorado plumbing code, the Colorado plumbing code prevails.

(5)  The board shall adopt a Colorado fuel gas code for the gas piping

installations inspection requirement of section 12-155-105 (1)(k).

(6) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to any activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Plumbing installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed plumber under a registered plumbing contractor.

(c)  The installation of gas piping on the service side must be completed by a

qualified gas piping installer.

(d)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 155 and must be performed by licensed plumbing inspectors.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

993, � 1, effective October 1. L. 2022: (4.5) added, (HB 22-1362), ch. 301, p. 2179, � 3, effective June 2. L. 2025: (6) added, (SB 25-002), ch. 172, p. 713, � 2, effective May 8; (1) amended, (HB 25-1306), ch. 204, p. 926, � 3, effective August 6.

Editor's note: This section is similar to former � 12-58-104.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 22-32-110

22-32-110. Board of education - specific powers - definitions. (1) In addition to any other power granted to a board of education of a school district by law, each board of education of a school district has the following specific powers, to be exercised in its judgment:

(a)  To take and hold in the name of the district so much real and personal

property located within or outside the territorial limits of the district as may be reasonably necessary for any purpose authorized by law;

(b)  To purchase on such terms, including but not limited to installment

purchase plans, as the board sees fit and necessary or to lease or rent, with or without an option to purchase, undeveloped or improved real property located within or outside the territorial limits of the district or equipment on such terms as the board sees fit for use as school sites, buildings, or structures, or for any school purpose authorized by law; to determine the location of each school site, building, or structure; and to construct, erect, repair, alter, and remodel buildings and structures;

(c)  To provide furniture, equipment, library books, and everything needed to

carry out the education program;

(d)  To construct, purchase, or remodel teacherages for the employees, or

any classification thereof, of the district;

(e)  To sell and convey district property which may not be needed within the

foreseeable future for any purpose authorized by law, upon such terms and conditions as it may approve; and to lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same. No finding that the property may not be needed within the foreseeable future shall be necessary if the property is sold and conveyed to a state agency or political subdivision of this state or if the board anticipates that the district will become the tenant of the property under a lease, with or without an option to purchase. A board of education of a school district may only include, by title, covenant, deed, or otherwise, a use restriction on the sale, conveyance, or lease of any district property pursuant to this subsection (1)(e) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.

(f) (I)  To rent or lease district property not needed for its purposes for terms

not exceeding ten years; or in the case of unimproved real property leased to a lessee that is a charter school as defined in section 22-30.5-403 (3), for a term not exceeding thirty years; in the case of a charter school using debt financing, for a term not exceeding the term of the debt financing, subject to all land use and building and zoning plans, codes, resolutions, and regulations, and to permit the use of district property by community organizations upon such terms and conditions as it may approve; or, in the case of a solar field, energy storage system, or an affordable housing project, for any term of years. A finding that the property is not needed for the district's purposes is unnecessary if the board anticipates that the district will become the subtenant of the property under a sublease, and under such circumstances the term of the lease may exceed ten years but may not exceed fifty years. A board of education of a school district may only include, in a lease or otherwise, a use restriction on the rental or lease of any district property pursuant to this subsection (1)(f) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.

(II)  If a board of education of a school district leases or rents property for the

purposes of an affordable housing project, the board of education shall develop a policy that defines affordable housing for the project.

(f.5)  Subject to prior approval by the commissioner of education as provided

in section 22-2-112 (5), to lease district property to a state institution of higher education for use by the institution for a term agreed to by the district and the institution. In addition to or in lieu of monetary lease payments, the board of education may agree to receive in-kind services provided by the institution to the district or its employees or graduates who reside within Colorado, such as reduced tuition rates and scholarships for the school district's employees or graduates who reside within Colorado. If the school district receives in-kind services as provided in this paragraph (f.5), the dollar value of the in-kind services that the school district receives must equal the dollar amount of the lease payment for which the in-kind service is substituted. No later than December 31, 2018, and no later than December 31 every three years thereafter, the school district shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report specifying the amount of bonded indebtedness incurred to build a building that is leased to an institution of higher education as provided in this paragraph (f.5), an accounting of the value of any in-kind services received, and the impact on the school district as a result of the lease.

(g)  To employ a chief executive officer to administer the affairs and the

programs of the district, pursuant to a contract;

(h)  To discharge or otherwise terminate the employment of any personnel. A

board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the power specified in this paragraph (h) to an innovation school, as defined in section 22-32.5-103 (3), or to a school in an innovation school zone, as defined in section 22-32.5-103 (4).

(i)  To reimburse employees of the district for expenses incurred in the

performance of their duties either within or without the territorial limits of the district;

(j)  To procure group life, health, or accident insurance covering employees of

the district pursuant to section 10-7-203, C.R.S.;

(k) (I)  To adopt written policies, rules, and regulations, not inconsistent with

law, that may relate to the efficiency, in-service training, professional growth, safety, official conduct, and welfare of the employees, or any classification thereof, of the district. The practices of employment, promotion, and dismissal shall be unaffected by the employee's religion, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, racial or ethnic background, national origin, ancestry, or participation in community affairs.

(II)  As used in this subsection (1)(k):


(A)  Protective hairstyle includes such hairstyles as braids, locs, twists,

tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(B)  Racial or ethnic background includes hair texture, hair type, hair length,

or a protective hairstyle that is commonly or historically associated with race.

(l)  To determine which schools of the district shall be operated and

maintained;

(m)  To fix the attendance boundaries of each school in the district;


(n)  To provide for the necessary expenses of the board in the exercise of its

powers and the performance of its duties; to maintain membership in established school board organizations; and to reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;

(o)  To provide textbooks to all school-age pupils enrolled in the public

schools. The use of such textbooks may be provided free of charge or for a reasonable rental fee for the use of some or all of the textbooks. The rental fee shall be based solely on the purchase price and normal life expectancy of each book rented.

(p)  To require pupils enrolled in the public schools of the district to possess

suitable supplies;

(q)  To procure supplies and equipment required to carry on the musical,

dramatic, athletic, and equivalent programs of the district;

(r)  To exclude from each school and school library any books, magazines,

papers, or other publications which, in the judgment of the board, are of immoral or pernicious nature;

(s)  To procure such insurance coverage on the building, structures, and

equipment owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(t)  To procure such casualty insurance coverage on the personal property

owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(u)  To procure public liability insurance covering the school district and the

directors and employees thereof;

(v)  To procure liability and property damage insurance on school vehicles, as

defined in section 42-1-102 (88.5), C.R.S., and to procure accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the school district pursuant to section 22-32-113, including injury received in the course of entering or alighting from any school vehicle or other means of transportation furnished by the school district;

(w)  To contract for the transportation of pupils enrolled in the public schools

of the district and to require any such contractor operating a bus or motor vehicle for such purpose to procure liability and property damage insurance on such bus or motor vehicle and pay all premiums for such insurance, without the right of contribution from the school district to the insurer;

(x)  To elect to have moneys belonging to the school district withdrawn from

the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;

(y)  To accept gifts, donations, or grants of any kind made to the district and

to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;

(z)  To cause a census to be taken of all persons resident within the district

who have not attained the age of twenty-one years, or any age group thereof, whenever determined by the board, notwithstanding any census theretofore or thereafter required to be taken by the state board of education;

(aa)  To authorize the use of facsimile signatures on teacher contracts, bonds,

and bond coupons by appropriate resolution;

(bb)  Repealed.


(cc)  To provide, in the discretion of the local board, out of federal grants

made available specifically for this purpose, special educational services and arrangements, such as dual enrollment, educational radio and television, and mobile educational services, for the benefit of educationally deprived children in the district who attend nonpublic schools, without the requirement of full-time public school attendance and without discrimination on the ground of race, color, religion, sex, or national origin;

(dd)  To provide, in the discretion of the local board, out of federal grants

made available specifically for this purpose, library resources which, for the purposes of this title, means books, periodicals, documents, magnetic tapes, films, phonograph records, and other related library materials and printed and published instructional materials for the use and benefit of all children in the district and the use of teachers to benefit all children in the district, both in the public and nonpublic schools, without charge and without discrimination on the ground of race, color, religion, sex, or national origin;

(ee)  To employ on a voluntary or paid basis teachers' aides and other

auxiliary, nonlicensed personnel to assist licensed personnel in the provision of services related to instruction or supervision of children and to provide compensation for such services rendered from any funds available for such purpose, notwithstanding the provisions of sections 22-63-201 and 22-63-402;

(ff) and (gg)  Repealed.


(hh)  To enter into installment purchase contracts or shared-savings

contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;

(ii)  To enter into contracts and to receive federal matching funds for moneys

spent in providing student health services pursuant to section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;

(jj)  To require the payment of any fine or fee assessed pursuant to law, the

return or replacement of textbooks or library resources, or the return or replacement of other school property. A school district shall not withhold, and shall ensure that a school of the school district does not withhold, records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student who fails to pay any assessed fine or fee, to return or replace textbooks or library resources, or to return or replace any school property at the completion of any semester or school year. The school district shall make a reasonable effort to obtain payment of any assessed fine or fee, payment for lost or damaged textbooks or library resources, and payment for lost or damaged school property. If the school district determines that a student is unable to pay, the school district may obtain payment through other methods, including but not limited to payment plans or service within the school in which the student is enrolled. Nothing in this subsection (1)(jj) limits the authority of a school district to collect debt.

(kk)  To authorize the use of electronic records or signatures and adopt rules,

standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;

(ll) (I)  Repealed.


(II)  (Deleted by amendment, L. 2005, p. 433, � 5, effective April 29, 2005.)


(mm)  To adopt a resolution, as provided in section 13-1-127 (7), C.R.S.,

authorizing one or more employees of the school district to represent the school district in judicial proceedings brought to enforce the School Attendance Law of 1963, article 33 of this title.

(2) to (4)  Repealed.


(5)  No board of education shall enter into an agreement with any group,

association, or organization representing employees of the district which commits revenues raised or received pursuant to article 54 of this title for a period of time in excess of one year unless such agreement includes a provision which allows for the reopening of the portion of the agreement relating to salaries and benefits.

Source: L. 64: p. 579, � 10. C.R.S. 1963: � 123-30-10. L. 65: p. 1023, � 1. L. 69:

p. 1032, � 1. L. 71: p. 1163, � 1. L. 73: pp. 1274, 1275, 1279, �� 2, 1, 1. L. 77: (1)(b) amended, p. 1050, � 1, effective June 10;(1)(cc) and (1)(dd) amended, p. 1053, effective July 1. L. 79: (1)(a) and (1)(b) amended, p. 782, � 2, effective June 7. L. 83: (1)(b), (1)(e), and (1)(f) amended, p. 749, �� 1, 2,effective July 1;(1)(f) amended, p. 754, � 1, effective July 1. L. 84: (1)(bb) amended, p. 582, � 2, effective March 19;(2) to (4) added, p. 597, � 1, effective April 5. L. 89: (5) added, p. 965, � 12, effective June 7. L. 90: (1)(ff) and (1)(gg) added, p. 1456, � 3, effective April 24;(1)(ee) amended, p. 1130, � 5, effective July 1;(2) and (4) amended, p. 1031, � 20, effective July 1. L. 91: (4)(a) amended and (4)(c) added, p. 529, � 1, effective April20;(1)(hh) added, p. 732, � 2, effective May 1. L. 93: (2) and (3) amended and (3.5) added, p. 449, � 1,effective July 1. L. 94: (1)(ff), (1)(gg), and (5) amended, pp. 808, 813,�� 14, 26, effective April 27;(1)(ee) amended, p. 1633, � 39, effective May 31;(1)(ff) and (1)(gg) amended, p. 2831, � 1, effective January 1, 1995. L. 95: (1)(o) amended, p. 346, � 2, effective January 1, 1996. L. 97: (1)(ii) added, p. 1139, � 7, effective May 28;(3.5)(b) repealed, p. 461, � 8, effective August 6. L. 98: (2)(b)(V) amended, p. 572, � 6, effective April 30;(2)(b)(IV) amended, p. 823, � 32, effective August 5. L. 99: (1)(jj) added, p. 291, � 1, effective April 14;(1)(kk) added, p. 1347, � 5, effective July 1. L. 2000: (3.5)(a) amended, p. 369, � 21, effective April 10;(2), (3), (3.5), and (4) repealed, p. 1963, � 4, effective June 2;(1)(ee) and IP(4)(b) amended, p. 1857, � 59, effective August 2. L. 2001: (1)(ll) added, p. 560, � 2, effective May 29. L. 2002: (1)(kk) amended, p. 858, � 6, effectiveMay 30; (1)(ff) and (1)(gg) amended, p. 1118, � 1, effective June 3; (1)(f) amended,p. 1767, � 35, effective June 7. L. 2003: (1)(jj) amended, p. 1634, � 1, effective May 2; (1)(ff)(III)and(1)(gg)(III) added, p. 2137, �� 35, 36, effective May 22. L. 2005: (1)(ll) amended, p. 433, � 5, effective April 29. L. 2006: (1)(ll)(I)repealed,p. 696, � 40, effective April 28; (1)(ii) amended, p. 2006, � 64, effective July1. L. 2007: (1)(mm) added, p. 165, � 3, effective March 22; (1)(ff)(I) and(1)(gg)(I) amended, p. 348, � 3, effective August 3. L. 2008: (1)(h) amended, p. 1431, � 3, effective May 28; (1)(k) amended,p.1601, � 24, effective May 29. L. 2010: (1)(v) amended, (HB10-1232), ch. 163, p. 570, � 5, effectiveApril 28; (1)(ff) and (1)(gg) repealed, (HB10-1013), ch. 399, p. 1896, � 3, effectiveJune 10; (1)(bb) repealed, (HB10-1171), ch. 401, p. 1935, � 5, effective August11. L. 2016: (1)(f.5) added, (SB16-209), ch. 235, p. 949, � 1, effective August 10. L. 2017: (1)(jj) amended, (HB17-1301), ch. 201, p. 745, � 1, effective August 9. L. 2019: (1)(e) and (1)(f) amended, (HB19-1100), ch. 36, p. 118, � 2, effective August 2. L. 2020: IP(1) and (1)(k) amended, (HB20-1048), ch. 8, p. 18, � 7, effective September 14. L. 2021: (1)(k)(I) amended, (HB21-1108), ch. 156, p. 893, � 25, effective September 7. L. 2024: (1)(k)(II)(B) amended, (HB 24-1451), ch. 354, p. 2412, � 5, effective June 3. L. 2025: (1)(f) amended, (HB 25-1006), ch. 316, p. 1651, � 1, effective August 6.

Editor's note: Subsection (3.5)(a) was amended by Senate Bill 00-186 with a

conforming amendment that will not take effect because of the repeal of the provision by Senate Bill 00-133.

Cross references: (1)  For the legislative declaration contained in the 1995

act amending subsection (1)(o), see section 1 of chapter 113, Session Laws of Colorado 1995. For the legislative declaration contained in the 2001 act enacting subsection (1)(ll), see section 1 of chapter 174, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsection (1)(k), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1100, see section 1 of chapter 36, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.

(2)  For the short title (Creating a Respectful and Open World for Natural

Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.

C.R.S. § 23-5-101.5

23-5-101.5. Enterprise status of auxiliary facilities - definitions. (1) Any auxiliary facility or group of auxiliary facilities with similar functions which is managed by the governing body of an institution of higher education or by the board of directors of the Auraria higher education center may be designated as an enterprise for the purposes of section 20 of article X of the state constitution so long as the governing body of the institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, retains the authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities and such auxiliary facility or group of auxiliary facilities receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. The general assembly hereby finds and declares that, for the purposes of determining whether an auxiliary facility or group of auxiliary facilities may be designated as an enterprise, it is sufficient that the governing body of an institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, has authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities. So long as it is designated as an enterprise pursuant to the provisions of this section, an auxiliary facility or group of auxiliary facilities shall not be subject to any of the provisions of section 20 of article X of the state constitution.

(1.5)  In pledging revenues for the repayment of revenue bonds issued on

behalf of any auxiliary facility or group of auxiliary facilities that is designated as an enterprise, the institution of higher education and the auxiliary facility or group of auxiliary facilities may pledge internal revenues only if the auxiliary facility or group of auxiliary facilities:

(a)  Is accounted for separately in institutional financial records;


(b)  Is self-supporting from revenues received as gifts from nongovernmental

sources or in exchange for goods and services; and

(c)  Engages in the type of activities that are commonly carried on for profit

outside the public sector.

(2)  As used in this section and sections 23-5-101.7 to 23-5-105.5:


(a)  Auxiliary facility means any student or faculty housing facility; student

or faculty dining facility; recreational facility; student activities facility; child care facility; continuing education facility or activity; intercollegiate athletic facility or activity; health facility; alternative or renewable energy producing facility, including but not limited to, a solar, wind, biomass, geothermal, or hydroelectric facility; college store; or student or faculty parking facility; or any similar facility or activity that has been historically managed, and was accounted for in institutional financial statements prepared for fiscal year 1991-92, as a self-supporting facility or activity, including any additions to and any extensions or replacements of any such facility on any campus under the control of the governing board managing such facility. Auxiliary facility shall also mean any activity undertaken by the governing board of any state-supported institution of higher education as an eligible lender participant pursuant to parts 1 and 2 of article 3.1 of this title.

(b) (I)  Grant means any direct cash subsidy or other direct contribution of

money from the state or any local government in Colorado which is not required to be repaid.

(II)  Grant does not include:


(A)  Any indirect benefit conferred upon an auxiliary facility, or group of

auxiliary facilities or an institution or group of institutions from the state or any local government in Colorado, including any interest in or use of existing facilities owned, funded, or financed by the governing board of an institution, the state, or any local government in Colorado;

(B)  Any revenues resulting from market exchanges such as rates, fees,

assessments, tuition, or other charges imposed by an auxiliary facility, or group of auxiliary facilities or by an institution or group of institutions for the provision of goods or services by such auxiliary facility, group of auxiliary facilities, institution or group of institutions, including services to the state or a local government in Colorado and fees paid to the auxiliary facility or group of auxiliary facilities for internal services provided to the institution of higher education with which the auxiliary facility is associated;

(C)  Any federal funds, regardless of whether such federal funds pass

through the state or any local government in Colorado prior to receipt by an auxiliary facility, group of auxiliary facilities, institution, or group of institutions;

(D)  Fees received by an institution pursuant to a fee-for-service contract

between the department of higher education and the institution or the institution's governing board;

(E)  Revenues received by an institution or group of institutions that have

been paid on behalf of an eligible undergraduate student from the college opportunity fund pursuant to article 18 of this title.

(c)  Internal revenues means revenues received in exchange for the

provision of goods or services to the institution of higher education with which the auxiliary facility or group of auxiliary facilities is associated; except that revenues received from another auxiliary facility or group of auxiliary facilities that has been designated as an enterprise are not internal revenues.

(3) (a)  The governing body of an institution of higher education or the board

of directors of the Auraria higher education center may, by resolution, designate any auxiliary facility or group of auxiliary facilities with similar functions managed by such governing body or board of directors, as applicable, as an enterprise so long as such auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise as stated in subsection (1) of this section. The designation of a group of auxiliary facilities with similar functions may include auxiliary facilities that are located at one or more campuses or institutions under the jurisdiction of the governing body or board of directors. Except as provided in paragraph (b) of this subsection (3), any such designation of an auxiliary facility or group of auxiliary facilities in accordance with the requirements of this paragraph (a) shall not terminate, expire, or be rescinded as long as the auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise.

(b)  All designations adopted pursuant to paragraph (a) of this subsection (3)

shall be submitted by the adopting body to the office of the state auditor in the form and manner prescribed by the legislative audit committee. Said designations shall be reviewed by said office to determine whether said designations are within the authority of the adopting body pursuant to the provisions of this section and for later review by the legislative audit committee for its opinion as to whether the designations conform with the provisions of this section. The official certificate of the state auditor as to the fact of submission or the date of submission of a designation as shown by the records of the office of the state auditor, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Any such designation adopted by a governing body of an institution of higher education or by the board of directors of the Auraria higher education center without being so submitted within twenty days after adoption to the office of the state auditor for review by said office and by the legislative audit committee shall be void. The findings of the office of the state auditor shall be presented to said committee at a public meeting held after timely notice to the public and affected adopting bodies. The legislative audit committee shall, on affirmative vote, submit such designations, comments, and any proposed legislation at the next regular session of the general assembly. Any member of the general assembly may introduce a bill which rescinds any designation. Rejection of such a bill does not constitute legislative approval of such designation. Each adopting body shall revise its designations to conform with the action taken by the general assembly. For the purpose of performing the functions assigned it by this paragraph (b), the legislative audit committee, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly.

(4)  The following auxiliary facilities are designated as enterprises in

accordance with the requirements of this section:

(a)  Auraria higher education center:


(I)  Parking;


(II)  Student facilities;


(III)  Reprographics; and


(IV)  Other auxiliaries;


(V) and (VI)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(b)  University of Colorado:


(I)  Auxiliary facilities;


(II)  Education services;


(III)  Research support services; and


(IV)  Other self-funded services;


(c)  Colorado school of mines:


(I)  Student and faculty services;


(II)  Continuing education;


(III)  General operations; and


(IV)  Research revolving;


(d)  University of northern Colorado:


(I)  Continuing education; and


(II) to (IV)  (Deleted by amendment, L. 98, p. 218, � 1, effective April 10, 1998.)


(V)  (Deleted by amendment, L. 2004, p. 110, � 1, effective March 17, 2004.)


(VI)  Auxiliary facilities;


(e)  Colorado community college and occupational education system:


(I)  (Deleted by amendment, L. 98, p. 218, � 1, effective April 10, 1998.)


(II)  Continuing education;


(III)  Student and faculty services;


(IV)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(V)  Tec operations; and


(VI)  Lowry enterprise;


(f)  Colorado state university system:


(I)  Student and faculty operations and activities;


(II)  Continuing education;


(III)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(IV)  Research building revolving fund; and


(V)  Colorado state forest service seedling tree nursery;


(g)  Adams state university:


(I)  Student and faculty services; and


(II)  Continuing education;


(h)  Colorado Mesa university:


(I)  Student and faculty services;


(II)  Continuing education; and


(III)  Other self-funded services;


(i)  Metropolitan state university of Denver:


(I)  Student and faculty services; and


(II)  Continuing education;


(j)  Western Colorado university:


(I)  Student and faculty services; and


(II)  Continuing education; and


(k)  Fort Lewis college:


(I)  Student and faculty operations and activities; and


(II)  Continuing education.


(5)  Notwithstanding paragraph (a) of subsection (3) of this section relating to

the designation of auxiliary facilities as enterprises, those auxiliary facilities of Fort Lewis college, which were a part of the Colorado state university system enterprise pursuant to paragraph (f) of subsection (4) of this section, shall, as they relate to Fort Lewis college, be designated enterprises of the board of trustees for Fort Lewis college, established in section 23-52-102.

(6)  Notwithstanding subsection (3)(a) of this section relating to the

designation of auxiliary facilities as enterprises:

(a)  Any auxiliary facilities of Adams state university that were a part of any

state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Adams state university in section 23-51-102 shall, as they relate to Adams state university, be designated enterprises of the board of trustees of Adams state university.

(b)  Any auxiliary facilities of Colorado Mesa university that were part of

Mesa state college that were a part of any state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Colorado Mesa university in section 23-53-102 shall, as they relate to Colorado Mesa university, be designated enterprises of the board of trustees of Colorado Mesa university.

(c)  Any auxiliary facilities of Metropolitan state university of Denver that

were a part of any state colleges enterprise established under law in existence prior to the establishment of the board of trustees of Metropolitan state university of Denver in section 23-54-102 shall, as they relate to Metropolitan state university of Denver, be designated enterprises of the board of trustees of Metropolitan state university of Denver.

(d)  Any auxiliary facilities of Western Colorado university that were a part of

any state colleges enterprise pursuant to subsection (4)(g) of this section in existence prior to the establishment of the board of trustees of Western Colorado university in section 23-56-102 shall, as they relate to Western Colorado university, be designated enterprises of the board of trustees of Western Colorado university.

(7)  Notwithstanding section 24-77-108, an auxiliary facility, or group of

auxiliary facilities with similar functions, that is managed by the governing body of an institution of higher education or by the board of directors of the Auraria higher education center, that was designated as an enterprise as of January 1, 2021, and that subsequently disqualifies as an enterprise does not require voter approval in order to qualify and be redesignated as an enterprise.

Source: L. 93: Entire section added, p. 1820, � 1, effective June 6. L. 94: (4)

added, p. 624, � 1, effective April 14; (2)(a), (2)(b)(II)(B), and (3)(a) amended, p. 1677, � 3, effective May 31. L. 97: (1.5), (2)(c), and (4)(e)(VI) added and (4)(a)(III), (4)(a)(V), (4)(a)(VI), (4)(e)(IV), (4)(e)(V), (4)(f)(II), and (4)(f)(III) amended, p. 1407, �� 4, 5, 6, effective July 1. L. 98: (4) amended, p. 218, � 1, effective April 10. L. 2002: (2)(a) amended, p. 962, � 3, effective June 1; (4)(h) and (5) added, pp. 1260, 1261, �� 19, 20, effective July 1. L. 2003: IP(4)(g) amended, p. 789, � 8, effective July 1. L. 2004: (4)(d)(I), (4)(d)(V), (4)(g), and (4)(h) amended and (4)(i), (4)(j), (4)(k), and (6) added, pp. 110, 111, �� 1, 2, effective March 17; (2)(b)(II) amended, p. 720, � 9, effective July 1. L. 2009: (3)(a) and (4) amended, (HB 09-1229), ch. 167, p. 734, � 1, effective April 22. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1859, � 41, effective June 9. L. 2011: IP(4)(h) and (6)(b) amended, (SB 11-265), ch. 292, p. 1366, � 18, effective August 10. L. 2012: (4)(g) and (6)(a) amended, (HB 12-1080), ch. 189, p. 758, � 13, effective May 19; IP(4)(i) and (6)(c) amended, (SB 12-148), ch. 125, p. 425, � 9, effective July 1; IP(4)(j) and (6)(d) amended, (HB 12-1331), ch. 254, p. 1269, � 11, effective August 1. L. 2019: IP(4), IP(4)(j), IP(6), and (6)(d) amended, (HB 19-1178), ch. 400, p. 3545, � 11, effective July 1. L. 2022: (7) added, (HB 22-1400), ch. 414, p. 2923, � 2, effective June 7.

Cross references: For the legislative declaration contained in the 2002 act

enacting subsections (4)(h) and (5), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration contained in the 2004 act amending subsection (2)(b)(II), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (4)(h) and subsection (6)(b), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending the introductory portion to subsection (4)(i) and subsection (6)(c), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in HB 22-1400, see section 1 of chapter 414, Session Laws of Colorado 2022.

C.R.S. § 23-5-102

23-5-102. Funding for auxiliary facilities - institutions of higher education - loans - bonds. (1) For the purpose of obtaining funds for constructing, otherwise acquiring, and equipping auxiliary facilities for the use of students and employees at any state educational institution or any branch thereof or facilities for use by any institution or group of institutions that is designated as an enterprise pursuant to section 23-5-101.7 and for the acquisition of land for such purposes, the governing board of any state educational institution is authorized, after notification to the commission on higher education, to enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advancements with interest at a specified net effective interest rate.

(2)  The governing board of any institution of higher education by resolution

may issue revenue bonds on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions managed by such governing board for the purpose of obtaining funds for constructing, otherwise acquiring, equipping, or operating such auxiliary facility or group of auxiliary facilities or for facilities for such institution or group of institutions. Any bonds issued on behalf of any auxiliary facility or group of auxiliary facilities, other than housing facilities, dining facilities, recreational facilities, health facilities, parking facilities, alternative or renewable energy producing facilities including but not limited to, solar, wind, biomass, geothermal, or hydroelectric facilities, research facilities that are funded from a revolving fund, or designated enterprise auxiliary facilities listed in section 23-5-101.5 (4) may be issued only after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. The governing board of an institution or group of institutions that issues bonds on behalf of the institution or group of institutions, which is designated as an enterprise pursuant to section 23-5-101.7, shall file notice of such issuance with the Colorado commission on higher education. Bonds issued pursuant to this subsection (2) shall be payable only from revenues generated by the auxiliary facility or group of auxiliary facilities or by the institution or group of institutions on behalf of which such bonds are issued; except that, subject to section 23-5-119.5 (5)(a)(III) and (5)(b)(II), revenues generated by a designated enterprise that is associated with the university of Colorado may be pledged for the repayment of bonds issued by another designated enterprise auxiliary facility that is not part of the same enterprise. Such bonds shall be issued in accordance with the provisions of section 23-5-103 (2). The termination, rescission, or expiration of the enterprise designation of any auxiliary facility or group of auxiliary facilities pursuant to section 23-5-101.5 (3) or of any institution or group of institutions shall not adversely affect the validity of or security for any revenue bonds issued on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions.

Source: L. 53: p. 554, � 1. CRS 53: � 124-1-6. L. 61: p. 710, � 1. C.R.S. 1963: �

124-1-4. L. 67: p. 201, � 1. L. 70: p. 345, � 1. L. 93: Entire section amended, p. 1822, � 2, effective June 6. L. 94: (2) amended, p. 1678, � 4, effective May 31. L. 97: (2) amended, p. 1405, � 2, effective July 1. L. 2004: Entire section amended, p. 721, � 10, effective July 1. L. 2010: (2) amended, (SB 10-003), ch. 391, p. 1860, � 42, effective June 9. L. 2011: (2) amended, (HB 11-1301), ch. 297, p. 1418, � 8, effective August 10.

Cross references: For the legislative declaration contained in the 2004 act

amending this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 391, Session Laws of Colorado 2010.

C.R.S. § 24-30-1303

24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:

(a)  With the approval of the governor, negotiate and execute leases on

behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;

(a.5)  Notwithstanding section 24-30-1301 (15)(a), with the approval of the

governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;

(b)  With the approval of the governor, negotiate and approve easements and

rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;

(c)  Repealed.


(d)  Supervise and be responsible for the expenditure of funds appropriated

by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;

(e)  Maintain a current record of balances by project in the capital

construction and controlled maintenance funds;

(f)  Cause to be developed and enforced methods of internal control, on

standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;

(g)  Repealed.


(h)  Develop, or cause to be developed, with the approval of the governor,

specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;

(i)  Develop a construction procedures manual for real property, with the

approval of the governor;

(j)  Develop, or cause to be developed, standards of inspection, with the

approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;

(k)  Coordinate initiation of budget requests for those capital construction or

capital renewal projects for which the executive director shall be designated as principal representative by the governor;

(k.5)  Coordinate initiation of budget requests for controlled maintenance

projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.

(l) and (m)  Repealed.


(n) (I)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(II)  Develop, or cause to be developed, methods of control on a standardized

basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.

(o)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(p)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;

(q)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;

(r)  Promulgate rules for independent third-party review of facility program

plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.

(s) (I)  Promulgate rules and regulations for the administration of the bid

procedure and acceptable methods for determining the lowest responsible bidder;

(II)  In cooperation with the project architect, engineer, or consultant, be

responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;

(III)  When directly responsible for the bid procedure, recommend the lowest

responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;

(IV)  Promulgate, with the assistance of the attorney general and the state

controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;

(V)  Review and approve modifications to such standard contract language;


(s.5)  Work with the office of state planning and budgeting, the Colorado

commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;

(t) (I)  Make recommendations on capital construction and capital renewal

project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.

(II)  Be responsible for the preparation of the state's controlled maintenance

budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;

(u) and (v)  Repealed.


(w)  Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,

assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.

(x) and (y)  Repealed.


(z)  Establish minimum building codes, with the approval of the governor and

the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.

(aa)  Repealed.


(bb)  Develop and maintain a list of the information required to be included in

facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);

(cc)  Develop procedures for the submission of facility management plans

and updates pursuant to section 24-30-1303.5 (3.5); and

(dd)  Review facility management plans and updates submitted pursuant to

section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.

(ee)  (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,

effective August 5, 2009.)

(ff) (I) (A)  On or before January 1, 2025, adopt and enforce an energy code

that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(B)  On or before January 1, 2030, adopt and enforce an energy code that

achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(II)  Notwithstanding any other provision of this subsection (1)(ff), the office of

the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(III)  Nothing in this subsection (1)(ff) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(A)  Provide incentives or other energy efficiency program services to help

the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or

(B)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).

(IV)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).

(V) (A)  A utility shall be allowed to count mass-based emissions reductions

associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(B)  A utility subject to regulation by the public utilities commission shall not

be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(2)  The provisions of subsection (1) of this section shall not apply to lands

under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.

(3) (a)  All real property, except public roads and highways, projects under

the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.

(b)  Projects under the supervision of the division of parks and wildlife that

are excluded from paragraph (a) of this subsection (3), shall:

(I)  Maintain a current record of balances by capital project, including but not

limited to:

(A)  Planned budgets, actual expenditures, and additions or deletions to and

components of projects; and

(B)  Items categorized for professional services, construction or

improvement, contingencies, and moveable equipment.

(II)  Notwithstanding section 24-1-136 (11)(a)(I), report the current record of

balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

(c) (I)  All real property under the supervision of the judicial department

erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.

(II)  The judicial department is authorized to hire private construction

managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.

(III)  The judicial department is authorized to perform the responsibilities and

functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.

(4)  When the principal representative is a legislative agency, the principal

representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.

(5) (a)  The office may delegate to state agencies or state institutions of

higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.

(b)  The office may authorize state agencies or state institutions of higher

education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.

(c)  If the state architect determines that the governing board of a state

institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).

(d)  Upon application by any state agency or state institution of higher

education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.

(6)  Nothing in this article is intended to diminish the authority granted to the

judicial department or the state court administrator in Senate Bill 08-206.

(7)  By June 30, 2025, the office of the state architect shall develop, in

coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.

Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:

(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.

Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),

effective January 1, 1996. (See L. 93, p. 917.)

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-32-3305

24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:

(a)  The safety of factory-built structures;


(b)  The safety of consumers purchasing manufactured homes or tiny homes;


(c)  The safety of installations;


(d)  The safety of hotels, motels, and multifamily structures in areas of the

state where no construction standards for hotels, motels, and multifamily structures exist.

(e)  The implementation of sections 24-32-3328 and 24-32-3329; and


(f)  The safety of foundation systems for manufactured homes, tiny homes,

and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.

(2)  Rules promulgated by the board must include provisions imposing

requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.

(3) (a)  Except when adopting an energy code pursuant to subsection (3.5) of

this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:

(I)  One from architecture;


(II)  One from structural engineering;


(III)  Four from building code enforcement, representing a local building

department from each of the following climate zones across the state:

(A)  One from climate zone 4;


(B)  One from climate zone 5;


(C)  One from climate zone 6; and


(D)  One from climate zone 7;


(IV)  Repealed.


(V)  One licensed electrician who may be employed by the department of

regulatory agencies;

(VI)  One licensed plumber who may be employed by the department of

regulatory agencies;

(VII)  Repealed.


(VIII)  Three from factory-built structure construction representing the

following occupancy classifications:

(A)  One from the international residential code for one- and two-family

dwellings;

(B)  One from the international building code for residential structures; and


(C)  One from the international building code for factory and industrial

structures;

(IX)  One from the tiny home industry;


(X)  One from energy conservation;


(XI)  One from organized labor.


(XII)  One developer specializing in the use of factory-built structures in

projects;

(XIII)  One from climate resiliency;


(XIV)  One registered installer;


(XV)  One registered seller; and


(XVI)  One individual representing emergency services or management.


(b)  Committee members are reimbursed for actual and necessary expenses

incurred while engaged in official duties.

(c) (I)  The advisory committee shall develop regional building codes

standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.

(II)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(d) (I)  The advisory committee shall develop implementation requirements,

including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and

(II)  The advisory committee shall develop implementation requirements,

including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.

(e)  During the 2026 legislative session, the department of local affairs shall

present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.

(3.3)  Repealed.


(3.5) (a) (I)  On or before January 1, 2025, the division shall adopt and enforce

an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(II)  On or before January 1, 2030, the division shall adopt and enforce an

energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(b)  Nothing in this subsection (3.5) establishes standards applicable to

manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.

(c)  Notwithstanding any other provision of this subsection (3.5), the division

may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(d)  Nothing in this subsection (3.5) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(I)  Provide incentives or other energy efficiency program services to help the

division or builders comply with the requirements of this subsection (3.5); or

(II)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).

(e)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).

(f) (I)  A utility may count mass-based emissions reductions associated with

the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(II)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(4)  The division must enforce the provisions of this part 33 and the rules

adopted pursuant thereto.

(5)  The division may act as agent for the federal government for the

enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.

(6)  Any future statewide adopted codes contemplated in statute must be

vetted through the advisory committee for consideration for adoption by the board.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.

Editor's note: (1)  Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.


(2)  Subsection (6) was numbered as (4) in SB 25-002 but has been

renumbered on revision for ease of location.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-38-205

24-38-205. Organizations banned from contract awards. Notwithstanding any provision of this part 2 to the contrary, any organization banned from receiving federal funds, and any successor organizations, shall not be awarded a public-private initiative contract pursuant to this part 2.

Source: L. 2010: Entire part added, (HB 10-1010), ch. 90, p. 309, � 1, effective

August 11.

ARTICLE 38.3

Office of Marijuana Coordination

24-38.3-101 and 24-38.3-102. (Repealed)


Source: L. 2017: Entire article repealed, (HB 17-1295), ch. 258, p. 1076, � 1,

effective July 1.

Editor's note: This article 38.3 was added in 2014. For amendments to this

article 38.3 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

ARTICLE 38.5

Colorado Energy Office

PART 1

GENERAL PROVISIONS

24-38.5-101.  Colorado energy office - creation. (1)  There is hereby created

within the office of the governor the Colorado energy office, the head of which is the director of the Colorado energy office. The director of the office shall be assisted by a deputy director and a staff to fulfill the office's mission to:

(a)  Support Colorado's transition to a more equitable, low-carbon, and clean

energy economy and promote resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation;

(b)  Promote economic development and high quality jobs in Colorado

through advancing clean energy, transportation electrification, and other technologies that reduce air pollution and greenhouse gas emissions, including helping to finance those investments;

(c)  Promote energy efficiency;


(d)  Promote an equitable transition toward zero emission buildings;


(e)  Promote an equitable transition to transportation electrification, zero

emission vehicles, transportation systems, and land use patterns that reduce energy use and greenhouse gas emissions;

(f)  Increase energy security;


(g)  Support lower long-term consumer costs and support reduced energy

cost burden for lower-income Coloradans; and

(h)  Protect the environment and public health.


Source: L. 2008: Entire article added, p. 66, � 1, effective March 18. L. 2012:

Entire section amended, (HB 12-1315), ch. 224, p. 963, � 16, effective July 1. L. 2021: Entire section R&RE, (HB 21-1266), ch. 411, p. 2750, � 20, effective July 2.

Cross references: For the short title (Environmental Justice Act) and the

legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

24-38.5-102.  Colorado energy office - duties and powers - definitions. (1)

The Colorado energy office shall:

(a)  Work with communities, utilities, and private and public organizations to:


(I)  Support achieving legislative goals to reduce statewide greenhouse gas

pollution, as defined in section 25-7-103 (22.5);

(II)  Make progress toward eliminating greenhouse gas pollution from

electricity generation, gas utilities, and transportation;

(III)  Implement the renewable energy standard established in section 40-2-124;


(IV)  Support the deployment of renewable energy, such as wind,

hydroelectricity, solar, clean hydrogen, and geothermal;

(V)  Evaluate, and when appropriate, support the deployment of cleaner

energy sources such as clean hydrogen, geothermal, recovered methane, recovered heat, and advanced nuclear;

(VI)  Support the deployment of energy efficiency and energy load

management technologies and practices;

(VII)  Evaluate, and where appropriate, support the deployment of innovative

energy technologies as described in section 40-2-123;

(VIII)  Support the deployment of energy storage systems, including both

long-duration and short-duration energy storage;

(IX)  Support the implementation of clean heat plans pursuant to section 40-3.2-108;


(X)  Support widespread transportation electrification;


(XI)  Support beneficial electrification, as defined in section 40-1-102 (1.2) in

the building, industrial, and oil and gas sectors;

(XII)  Support industrial emissions reductions;


(XIII)  Support pollution reduction through carbon capture and sequestration

and other forms of carbon management; and

(XIV)  Support sustainable land-use patterns that reduce energy

consumption and greenhouse gas pollution.

(b)  Develop programs to reduce energy use and greenhouse gas pollution

from buildings in commercial and residential markets;

(c)  Support efforts to reduce greenhouse gas pollution by state government

through energy efficiency, load management, renewable energy, transportation electrification, and cleaner procurement;

(d)  Promote technology transfer and economic development;


(e)  Support the adoption and implementation of advanced energy codes that

reduce energy use and greenhouse gas emissions and provide information and technical assistance concerning the implementation and enforcement of energy codes to both counties and municipalities, including as specified in sections 24-38.5-103, 24-38.5-401, 24-38.5-402, and 31-15-602 (7);

(f)  Collaborate with the state board of land commissioners regarding

renewable energy resource development as specified in section 36-1-147.5 (4);

(g)  Provide home energy efficiency improvements for low-income

households, including through the weatherization assistance program, as specified in section 40-8.7-112 (3)(b);

(h)  Collaborate with stakeholders to develop and encourage increased

utilization of energy curricula, including science, technology, engineering, and math curricula, that will serve the workforce needs of clean energy industries. Such collaboration may include executive departments, research institutions, state colleges, community colleges, industry, and trade organizations in an effort to develop a means by which the state may address all facets of workforce demands in supporting a clean energy future. Institutions may also partner in the development of curricula with organizations that have existing energy curricula and training programs.

(i)  Annually report to the senate transportation and energy committee and

the house energy and environment committee, or their successor committees;

(j)  Administer the electric vehicle grant fund created in section 24-38.5-103

(1)(a) and the community access enterprise created in section 24-38.5-303 (1);

(k)  Assist the executive director of the department of local affairs in

allocating revenues from the geothermal resource leasing fund to eligible entities pursuant to section 34-63-105;

(l)  Develop basic consumer education or guidance about leased solar

installation and purchased solar installation in consultation with industries that offer these options to consumers;

(m)  In consultation with the appropriate industries, develop basic consumer

education or guidance about purchased or, if available, leased installation of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network;

(n)  Develop and publish an EV charger permitting model code that contains

guidelines for the adoption of EV charger permit standards and permitting processes for counties and municipalities in accordance with sections 30-28-213 (3) and 31-23-316 (3); and

(o)  Provide assistance and support to a board of county commissioners or the

governing body of a municipality in developing ordinances or resolutions for the permitting of electric motor vehicle charging systems in accordance with sections 30-28-213 (6) and 31-23-316 (6).

(2)  Repealed.


(3)  The Colorado energy office shall notify the house of representatives and

senate committees of reference to which the office is assigned pursuant to section 2-7-203 (1), C.R.S., as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 (2), C.R.S., if it has made any changes to:

(a)  Any performance plans and performance evaluations required pursuant

to section 2-7-204, C.R.S.;

(b)  Office policies related to energy transmission; and


(c)  Office policies that positively or negatively impact the energy sector.


(3.3)  As part of the hearing required by section 2-7-203 (2), for hearings held

on or after January 1, 2025, but before January 1, 2034, the Colorado energy office shall report on the estimated impact of greenhouse gas emissions reductions attributable to the tax credits created in sections 39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.

(4)  The Colorado energy office may update the greenhouse gas pollution

reduction roadmap, published by the office and dated January 14, 2021, or as amended thereafter, to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the greenhouse gas pollution reduction roadmap.

(5) (a)  As used in this subsection (5), unless the context otherwise requires:


(I)  Decarbonization tax credits means the tax credits created in sections

39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.

(II)  Standards mean the standards or guidelines the office is authorized to

adopt to implement the decarbonization tax credits.

(b)  Notwithstanding section 24-1-136 (11)(a)(I), beginning on and after January

1, 2024, but before January 1, 2033, the Colorado energy office shall annually report to the transportation and energy committee of the senate, the energy and environment committee of the house of representatives, and the finance committees of the senate and the house of representatives, or any successor committees, the following:

(I)  Standards adopted in the preceding year;


(II)  Amendments, modifications, changes, or repeals to previously adopted

standards in the preceding year; and

(III)  Information on any public comment solicited or received pursuant to the

adoption of standards or to the amendment, modification, change, or repeal of previously adopted standards.

(c)  The Colorado energy office may include the information required in

subsection (5)(b) of this section in its annual presentation to its joint committees of reference pursuant to section 2-7-203.

(d)  If in the preceding year the Colorado energy office does not adopt new

standards or make any changes or modifications to adopted standards, then it is not required to report in that year pursuant to subsection (5)(b) of this section.

(e)  This subsection (5) is repealed, effective December 1, 2033.


Source: L. 2008: Entire article added, p. 66, � 1, effective March 18; (1)(l)

amended, p. 1871, � 5, effective June 2. L. 2009: (1)(s) added, (HB 09-1298), ch. 417, p. 2317, � 5, effective June 4; (1)(q) added, (SB 09-075), ch. 418, p. 2319, � 2, effective August 5; (1)(r) added, (HB 09-1312), ch. 253, p. 1145, � 3, effective August 5. L. 2010: (1)(t) added, (SB 10-174), ch. 189, p. 811, � 4, effective August 11. L. 2012: IP(1), (1)(a), (1)(e), and (1)(o) amended, (1)(s) and (2) repealed, and (3) added, (HB 12-1315), ch. 224, p. 963, � 17, effective July 1. L. 2013: (3)(a) amended, (HB 13-1299), ch. 382, p. 2244, � 7, effective June 5. L. 2016: (1)(h) repealed, (SB 16-189), ch. 210, p. 767, � 51, effective June 6. L. 2018: (1)(a) and (1)(o) amended and (1)(f), (1)(g), (1)(i), and (1)(r) repealed, (SB 18-003), ch. 359, p. 2132, � 5, effective June 1. L. 2019: (1)(n) amended, (SB 19-236), ch. 359, p. 3333, � 27, effective May 30. L. 2020: (1)(u) added, (HB 20-1155), ch. 193, p. 895, � 1, effective September 14. L. 2022: (1)(v) and (4) added, (SB 22-118), ch. 335, p. 2369, � 1, effective August 10. L. 2023: (3.3) and (5) added, (HB 23-1272), ch. 167, p. 812, � 16, effective May 11; (1) amended, (SB 23-016), ch. 165, p. 730, � 2, effective August 7. L. 2024: (1)(l) and (1)(m) amended and (1)(n) and (1)(o) added, (HB 24-1173), ch. 215, p. 1321, � 4, effective August 7.

Cross references: For the legislative declaration in HB 23-1272, see section 1

of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.

24-38.5-102.4.  Energy fund - creation - use of fund - definitions - report -

repeal. (1) (a) (I) The energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund; money transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from money received by the Colorado energy office; money received pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, or any amendments thereto; money received pursuant to revenue contracts, court settlement funds, supplemental environmental program funds, or the repayment or return of funds from eligible public depositories; money transferred to the fund pursuant to sections 6-7.5-110 (2)(a), 25-5-1406 (3)(a), and 25-7-1507 (3)(a); money received as gifts, grants, and donations; and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the innovative energy fund created in section 24-38.5-102.5.

(II) and (III)  Repealed.


(IV) (A)  On July 1, 2025, the state treasurer shall transfer one hundred

twenty-five thousand dollars from the energy fund to the general fund.

(B)  This subsection (1)(a)(IV) is repealed, effective July 1, 2026.


(b)  For purposes of this section, Colorado energy office means the

Colorado energy office created in section 24-38.5-101.

(2) (a)  All money in the energy fund is continuously appropriated to the

Colorado energy office for the purposes of advancing energy efficiency and renewable energy throughout the state.

(b)  The Colorado energy office may expend money from the energy fund:


(I)  To attract renewable energy industry investment in the state;


(II)  To assist in technology transfer into the marketplace for newly developed

energy efficiency and renewable energy technologies;

(III)  To provide market incentives for the purchase and distribution of energy

efficient and renewable energy products;

(IV)  To assist in the implementation of energy efficiency projects throughout

the state;

(V)  To aid governmental agencies in energy efficiency government

initiatives;

(VI)  To facilitate widespread implementation of renewable energy

technologies;

(VII)  To educate the general public on energy issues and opportunities;


(VII.5)  To implement the building performance program defined in section

24-38.5-112 (3)(b) and described in that section and section 25-7-142; and

(VIII)  In any other manner that serves the purposes of advancing energy

efficiency and renewable energy throughout the state.

(c) (I)  Subject to the provisions of subparagraph (II) of this paragraph (c), the

moneys in the clean and renewable energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:

(A)  The amount of the grant or loan;


(B)  The quantified impact on energy demand or amount of clean energy

production generated as a result of the grant or loan;

(C)  The potential economic impact of the grant or loan; and


(D)  The public benefits expected to result from the grant or loan.


(II)  The Colorado energy office may establish terms and conditions for

making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.

(3) and (4)  Repealed.


(5) (a)  For state fiscal years commencing on or before July 1, 2024, and on or

after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the fund.

(b)  Notwithstanding subsection (1)(a)(I) of this section, for the state fiscal

year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the general fund.

(c) (I)  On June 30, 2025, the state treasurer shall transfer four hundred sixty-six thousand eight hundred two dollars from the energy fund to the general fund.


(II)  This subsection (5)(c) is repealed, effective July 1, 2026.


Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 965, � 18,

effective July 1. L. 2018: (1)(a)(I), (2)(a), and (2)(b) amended, (SB 18-003), ch. 359, p. 2133, � 6, effective June 1. L. 2021: (3) added, (SB 21-230), ch. 226, p. 1206, � 1, effective June 14; (4) added, (SB 21-231), ch. 227, p. 1208, � 1, effective June 14; (2)(b)(VII) amended and (2)(b)(VII.5) added, (HB 21-1286), ch. 326, p. 2083, � 2, effective September 7. L. 2023: (1)(a)(I) amended, (HB 23-1161), ch. 285, p. 1717, � 10, effective August 7. L. 2025: (1)(a)(IV) added, (SB 25-264), ch. 129, p. 502, � 21, effective April 25; (1)(a)(I) amended and (5) added, (SB 25-317), ch. 385, p. 2147, � 17, effective June 3.

Editor's note: (1)  This section is similar to former � 24-75-1201 as it existed

prior to 2012.

(2)  Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II),

effective January 1, 2013. (See L. 2012, p. 965.)

(3)  Subsection (1)(a)(III)(B) provided for the repeal of subsection (1)(a)(III),

effective January 1, 2017. (See L. 2012, p. 965.)

(4)  Subsection (4)(c) provided for the repeal of subsection (4), effective July

1, 2024. (See L. 2021, p. 1208.)

(5)  Subsection (3)(d) provided for the repeal of subsection (3), effective July

1, 2025. (See L. 2021, p. 1206.)

Cross references: For the legislative declaration in SB 25-317, see section 1

of chapter 385, Session Laws of Colorado 2025.

24-38.5-102.5.  Innovative energy fund - creation - use of fund - definitions

• repeal. (1) (a) (I) The innovative energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund by the general assembly, money transferred at the end of each state fiscal year from money received by the Colorado energy office, or from revenue contracts, court settlement funds, supplemental program funds, repayment or return of funds from eligible public depositories, and gifts, grants, and donations, and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the energy fund created in section 24-38.5-102.4.

  (II) (A) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the innovative energy fund.

  (B) Notwithstanding subsection (1)(a)(I) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the general fund.

  (C) On June 30, 2025, the state treasurer shall transfer four thousand two hundred eighty-five dollars from the innovative energy fund to the general fund. This subsection (1)(a)(II)(C) is repealed, effective July 1, 2026.

  (b) For purposes of this section:

  (I) Colorado energy office means the Colorado energy office created in section 24-38.5-101.

  (II) Innovative energy means an existing, new, or emerging technology that:

  (A) Enables the use of a local fuel source;

  (B) Establishes a more efficient or environmentally beneficial use of energy; and

  (C) Helps to create energy independence or energy security for the state.

  (2) (a) All moneys in the innovative energy fund are continuously appropriated to the Colorado energy office for the purposes of advancing innovative energy efficiency throughout the state; except that the moneys are limited to efficiency projects and any other projects related to the severance of minerals subject to taxation under article 29 of title 39, C.R.S.

  (b) The Colorado energy office may expend moneys from the innovative energy fund:

  (I) To overcome market barriers facing emerging and cost-effective energy technologies;

  (II) To promote robust research, development, commercialization, and financing of innovative energy technologies;

  (III) To educate the general public on energy issues and opportunities;

  (IV) To attract innovative energy industry investment in the state;

  (V) To assist in technology transfer into the marketplace for newly developed innovative energy efficiency technologies;

  (VI) To provide market incentives for the purchase and distribution of efficient innovative energy products;

  (VII) To assist in the implementation of innovative energy efficiency projects throughout the state;

  (VIII) To aid governmental agencies in innovative energy efficiency government initiatives;

  (IX) To facilitate widespread implementation of innovative energy technologies; and

  (X) In any other manner that serves the purposes of advancing innovative energy efficiency throughout the state.

  (c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the innovative energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:

  (A) The amount of the grant or loan;

  (B) The quantified impact on energy demand or amount of innovative energy production generated as a result of the grant or loan;

  (C) The potential economic impact of the grant or loan; and

  (D) The public benefits expected to result from the grant or loan.

  (II) The Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.

  (3) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2025, the state treasurer shall transfer one hundred fifty-four thousand eight hundred sixty-two dollars from the innovative energy fund to the general fund.

  (b) This subsection (3) is repealed, effective July 1, 2026.

  Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 966, � 19, effective July 1. L. 2018: (1)(a) and (2)(c)(II) amended, (SB 18-003), ch. 359, p. 2134, � 7, effective June 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 503, � 22, effective April 25; (1)(a) amended, (SB 25-317), ch. 385, p. 2148, � 18, effective June 3.

  Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.

  24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) The climate change mitigation and adaptation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of:

  (a) Civil penalties assessed pursuant to section 25-7-122 (1)(i) and credited to the fund pursuant to section 25-7-122 (1)(i)(III);

  (b) Building performance program fees credited to the fund pursuant to section 24-38.5-112 (1)(e), which fees must be separately accounted for in the fund;

  (c) Gifts, grants, and donations made to the Colorado energy office to help finance its administration of climate change mitigation or adaptation programs and policies;

  (d) Any money that the general assembly may appropriate or transfer to the fund; and

  (e) Any other money credited to the fund.

  (2) Money in the fund is continuously appropriated to the Colorado energy office for the purpose of financing and administering the building performance program defined in section 24-38.5-112 (3)(b) and described in that section and section 25-7-142.

  (3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

  Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2083, � 3, effective September 7. L. 2025: IP(1) and (1)(a) amended, (HB 25-1269), ch. 216, p. 993, � 7, effective May 20.

  Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

  24-38.5-102.7. Colorado energy saving mortgage program - definitions. (1) As used in this section, unless the context otherwise requires:

  (a) Accredited home energy rating provider means a person who RESNET has accredited through the mortgage industry national home energy rating system accreditation standard as a rating provider and who appears on RESNET's national registry of accredited rating providers or a person who meets other rating provider requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.

  (b) Certified home energy rater means an individual who an accredited home energy rating provider has certified as a RESNET home energy rater to inspect and evaluate a home's energy features, assign a HERS index score to the home, and recommend energy efficiency improvements or an individual who meets other rater certification requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.

  (c) Colorado energy saving mortgage program or program means the Colorado energy star/energy saving mortgage program administered by the Colorado energy office as of January 1, 2013, as modified by this section or by any program changes implemented by the Colorado energy office within the limitations specified in this section, or any successor program.

  (d) Energy efficient home means a home that a certified home energy rater has certified as having a HERS index score of not more than fifty or that meets other requirements for being an energy efficient home that the Colorado energy office adopts in guidelines pursuant to subsection (4) of this section.

  (e) Energy saving mortgage means a mortgage issued to a borrower by a participating lender through the Colorado energy saving mortgage program for the purpose of financing:

  (I) The purchase of a newly built energy efficient home; or

  (II) Improvements to an existing home that:

  (A) Are made in accordance with recommendations made by or approved by the Colorado energy office following a residential energy audit of the home; and

  (B) Are confirmed by post-installation verification conducted by the Colorado energy office or a vendor, including but not limited to a participating utility, under contract with the office to have improved the energy efficiency of the home to the extent required by the Colorado energy office.

  (f) HERS index means the home energy rating system index established by RESNET to measure the energy efficiency of a home.

  (g) Participating lender means a bank, credit union, other financial institution, or independent mortgage broker that participates in the Colorado energy saving mortgage program by issuing energy saving mortgages and contributing funding that reduces the total cost of the mortgages to the borrowers.

  (h) Participating public utility means a public utility, as defined in section 40-1-103, C.R.S., including any municipality that operates an electric utility and any cooperative electric or gas association or nonprofit electric corporation or association, that:

  (I) Provides electricity or natural gas to residential customers, without regard to whether the utility, association, or corporation is subject to or exempt, in whole or in part, from the Public Utilities Law, articles 1 to 7 of title 40, C.R.S.;

  (II) Chooses to participate in the Colorado energy saving mortgage program by meeting all requirements for participation set forth in guidelines adopted by the Colorado energy office; and

  (III) If it is required to comply with the provisions of article 3.2 of title 40, C.R.S., has, prior to its initial participation in the Colorado energy savings mortgage program, had the public utilities commission approve a participation plan.

  (i) RESNET means the residential energy services network that is a recognized national standards-making body for building energy efficiency rating and certification systems in the United States.

  (2) The Colorado energy office may spend any available moneys to fund energy saving mortgages subject to the following limitations:

  (a) To the extent feasible, the Colorado energy office shall spend money evenly on energy saving mortgages that finance purchases of newly built energy efficient homes and energy saving mortgages that finance improvements to existing residences;

  (b) Each energy saving mortgage may include funding that reduces the total cost of the mortgage to the borrower from both a participating public utility and a participating lender. The Colorado energy office may adopt guidelines to specify minimum percentages of total funding for an energy saving mortgage that each nonstate source of funding must provide.

  (c) If a utility chooses to participate in the Colorado energy savings mortgage program by providing demand-side management program moneys, such moneys may only be used towards energy savings attributable to energy efficiency improvements and not towards energy savings attributable to renewable energy or on-site energy generation improvements.

  (d) If a utility has existing demand-side management programs for residential new construction or whole-house existing retrofits, the utility must identify, in a demand-side management plan approved by the public utilities commission prior to the utility's initial participation in the Colorado energy mortgage savings program, how it will track participation in all programs, including the Colorado energy savings mortgage program, to ensure that customers do not receive multiple incentives.

  (e) The Colorado energy office may only approve an energy saving mortgage that finances improvements to an existing home if the improvements are made by or approved by the office following a residential energy audit of the home and are confirmed by post-installation verification to have increased the energy efficiency of the home to the extent required by the office. The office may adopt guidelines that specify requirements for energy efficiency increases and the conduct of residential energy audits and post-installation testing.

  (f) Subject to the following maximum value limitations, the Colorado energy office may adopt energy savings-based guidelines that set forth the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage:

  (I) For an energy saving mortgage that finances the purchase of a new energy efficient home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is:

  (A) For a home that has a HERS index score of zero, eight thousand dollars or any lower amount that the Colorado energy office establishes in guidelines; or

  (B) For a home that has a HERS index score that is greater than zero but no more than fifty, any lower amounts that the Colorado energy office establishes in guidelines subject to the limitation that if the office establishes multiple lower amounts, those amounts must increase as the HERS index score of a home decreases;

  (II) For an energy saving mortgage that finances improvements to an existing home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is the lesser of any energy savings-based amount adopted in guidelines by the Colorado energy office or eight thousand dollars.

  (g) The Colorado energy office may spend moneys contributed by a participating public utility only for energy saving mortgages for homes within the service area of the participating public utility.

  (h) If demand-side management moneys contributed by a participating utility, when combined with moneys from all other sources, yield an incentive amount that exceeds the incremental cost of the energy saving improvements, the utility must set forth the treatment of the demand-side management moneys in its demand-side management plan and have that treatment approved by the public utilities commission.

  (i) If the participation of a participating utility causes additional energy savings improvements to be made, due to the matching Colorado energy office and lender moneys, the public utilities commission may include the additional energy savings benefits and exclude the additional leveraged moneys from the benefit-cost ratio calculation described in section 40-1-102 (5)(b), C.R.S.

  (3) A participating public utility receives credit for its participation in the program towards any demand side management program targets, contingent upon public utilities commission approval, pursuant to article 3.2 of title 40, C.R.S., or may receive credit towards any greenhouse gas emissions requirements that may be established in the future.

  (4) Notwithstanding any other provision of this section, if another index or measure supersedes the HERS index as the industry standard for measuring building energy efficiency, the Colorado energy office may adopt guidelines that:

  (a) Adopt the other index or measure as the standard for determining the energy efficiency of a new home or existing residence;

  (b) Specify values on the new index or measure that are comparable to the HERS index scores and point improvements specified in this section and are to be used to determine eligibility for and the maximum value of energy saving mortgages; and

  (c) Specify the requirements and procedures, including any required accreditation of rating providers or certification of raters, that must be complied with in rating a new home or existing residence under the other index or measure.

  Source: L. 2013: Entire section added, (HB 13-1105), ch. 346, p. 2008, � 1, effective May 28.

  24-38.5-103. Electric vehicle grant fund - creation - administration - legislative declaration. (1) (a) (I) There is created in the state treasury the electric vehicle grant fund, referred to in this section as the fund. The Colorado energy office shall use the fund to:

  (A) Provide grants to state agencies, public universities, public transit agencies, local governments, landlords of multifamily apartment buildings, private nonprofit or for-profit corporations, and the unit owners' associations of common interest communities as defined in article 33.3 of title 38 to install charging stations for electric vehicles;

  (B) Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section;

  (C) Provide analysis and technical support related to the development, permitting, and energization of electric vehicle charging stations, including providing technical assistance to counties and municipalities in accordance with sections 30-28-213 (6) and 31-23-316 (6);

  (D) Support or directly engage in operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric vehicles, including covering the administrative costs of this work; and

  (E) Support the development and enforcement of retail electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.

  (II) The Colorado energy office shall prioritize grants provided pursuant to subsection (1)(a)(I) of this section based upon:

  (A) The extent to which the proposed recipients' charging locations are likely to effectively serve existing electric vehicles or encourage the acquisition of additional electric vehicles;

  (B) The extent to which one or more charging stations would not be installed but for the financial assistance provided by a grant from the fund; and

  (C) Any other criteria defined by the Colorado energy office.

  (b) The general assembly declares that while the intent of this section is to provide assistance and additional incentive where needed to encourage the installation of charging stations thereby maximizing the number of stations that can be installed using the limited resources available from the fund, the Colorado energy office may grant the full cost of an installation or help offset station operating costs in a location that is especially advantageous for support of the electric vehicle market but where other revenues are not and will not foreseeably be available to defray the costs.

  (2) The Colorado energy office is authorized to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is continuously appropriated to the Colorado energy office. Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred to the general fund or another fund.

  Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2319, � 3, effective August 5. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 20, effective July 1. L. 2013: (1) amended, (SB 13-126), ch. 165, p. 538, � 3, effective May 3. L. 2014: (1) amended, (SB 14-028), ch. 114, p. 412, � 1, effective April 11. L. 2019: IP(1)(a), (1)(b), and (2) amended, (1)(a)(I) repealed, and (1)(a)(IV) added, (HB 19-1198), ch. 123, p. 532, � 1, effective August 2. L. 2024: (1)(a) amended, (HB 24-1173), ch. 215, p. 1321, � 5, effective August 7. L. 2025: (1)(a)(I)(B) amended and (1)(a)(I)(D) and (1)(a)(I)(E) added, (HB 25-1267), ch. 252, p. 1262, � 3, effective August 6.

  Cross references: For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.

  24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)

  Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 152, � 5, effective August 11. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 21, effective July 1. L. 2018: Entire section repealed, (SB 18-003), ch. 359, p. 2135, � 8, effective June 1.

  24-38.5-105. Clean energy improvement debt reserve fund - authorization - use. (1) (a) The clean energy improvement debt reserve fund is hereby created in the state treasury. The principal of the fund shall consist of up to ten million dollars of legally available moneys from nonstate sources under the control of the Colorado energy office, which the state treasurer shall promptly credit to the fund if instructed in writing to do so by the director of the Colorado energy office, and any fees paid to the state treasurer in accordance with subparagraph (II) of paragraph (b) of this subsection (1). All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund, and all unexpended and unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund. The fund is hereby continuously appropriated to the state treasurer, who may expend moneys from the fund solely for the purposes of paying principal and interest on bonds issued by a local improvement district or other special district as specified in paragraph (c) of this subsection (1) and defraying any direct and indirect costs incurred by the state treasurer in executing duties required by this section.

  (b) (I) If the Colorado energy office instructs the state treasurer to credit moneys from nonstate sources to the clean energy improvement debt reserve fund, with prior written authorization from the director of the Colorado energy office and the state treasurer and after agreeing to pay fees to be credited to the fund to the state treasurer as specified in subparagraph (II) of this paragraph (b), a local improvement district or other special district that imposes special assessments on real property and issues bonds payable from the revenues generated by the special assessments to generate the moneys needed to pay the up-front costs of making renewable energy improvements or clean energy improvements as authorized by part 6 of article 20 of title 30, C.R.S., or any other provision of law may rely on the clean energy improvement debt reserve fund as a backup source of moneys that may be used, after the depletion of any district debt service reserve fund, for the payment of principal and interest owed to holders of the district's bonds.

  (II) A local improvement district or other district that issues bonds and that wishes to rely on the clean energy improvement debt reserve fund as a backup source of moneys for the payment of principal and interest owed to holders of the bonds shall enter into a written agreement with the Colorado energy office to pay to the state treasurer for crediting to the fund such fees for the privilege of relying on the fund as the Colorado energy office may require. Fees to be paid by a district as required by the Colorado energy office shall be deemed to be a portion of the amount of the interest rate savings resulting from more favorable financing terms attributable to the reliance upon the fund. The Colorado energy office may, in its discretion, require that fees be paid on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, in an amount equal to a number of basis points of the principal amount of the bonds outstanding as of each calculation date agreed upon by the office and the district.

  (c) Whenever the paying agent responsible for making payments to the holders of any bonds issued by a district that has relied upon the clean energy improvement debt reserve fund as a backup source of repayment for the district's bonds has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and any debt service reserve fund for the local improvement district or other special district that issued the bonds has been depleted, the paying agent shall so notify the state treasurer and the district by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the district and determine whether the district will make the payment by the date on which it is due and, if the state treasurer confirms that the district will not make the payment, the state treasurer shall expend moneys from the clean energy improvement debt reserve fund to make the payment in a timely manner. If the amount of moneys in the clean energy improvement debt reserve fund is not sufficient to cover the entire amount of the payment, the state treasurer shall pay only so much of the payment as can be paid from available moneys in the fund. If payments on more than one series of bonds issued in reliance upon the clean energy improvement debt reserve fund as a backup source of moneys for repayment are required to be made from the fund at the same time and the amount of moneys in the fund is not sufficient to cover the entire amount of the payments, the state treasurer shall pay from available moneys in the fund only an equal percentage of the amount of each payment due.

  (2) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any local improvement district or other special district from any source of moneys other than the clean energy improvement debt reserve fund, or to require the state to fully pay off any outstanding bonds of a district that cannot make scheduled bond payments.

  (3) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the clean energy improvement debt reserve fund that the state will not repeal, revoke, or rescind the provisions of this section concerning the fund or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the fund shall not revert to the general fund.

  Source: L. 2010: Entire section added, (HB 10-1328), ch. 426, p. 2221, � 3, effective June 11. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1315), ch. 224, p. 969, � 22, effective July 1.

  24-38.5-106. Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition. (1) As used in this section, unless the context otherwise requires, utility cost-savings contract shall have the same meaning as set forth in section 24-30-2001 (6).

  (2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects.

  (b) Notwithstanding the provisions of par

C.R.S. § 24-46-310

24-46-310. Issuance of bonds by a financing entity. (1) A financing entity may issue bonds from time to time in its discretion to finance any eligible improvements with respect to a regional tourism project and may also issue refunding or other bonds of the financing entity from time to time in its discretion for the payment, retirement, renewal, or extension of any bonds previously issued by the financing entity under this section and to provide for the replacement of lost, destroyed, or mutilated bonds previously issued under this section.

(2) (a)  Bonds issued under this section may be general obligation bonds of

the financing entity, the payment of which, as to principal and interest and premiums, if any, the full faith, credit, and assets, acquired and to be acquired, of the financing entity are irrevocably pledged.

(b)  Bonds issued under this section may be special obligations of the

financing entity that, as to principal and interest and premiums, if any, are payable solely from and secured only by a pledge of any income, proceeds, revenues, or funds of the financing entity, including, without limitation, state sales tax increment revenue.

(3)  Notwithstanding any other provision of this section, any bonds issued

under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, by a mortgage of any regional tourism project, or any part thereof, title to which is then or thereafter in the financing entity or of any other real or personal property or interests therein then owned or thereafter acquired by the financing entity.

(4)  Notwithstanding any other provision of this section, general obligation

bonds issued under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, as provided in subsection (2) of this section, with or without being also additionally secured as to payment of the principal and interest and premiums, if any, by a mortgage as provided in subsection (3) of this section or a trust agreement as provided in subsection (5) of this section.

(5)  Notwithstanding any other provision of this section, any bonds issued

under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, by a trust agreement by and between the financing entity and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state.

(6)  Bonds issued under this section shall not constitute an indebtedness of

the state or of any county, municipality, or public body of the state other than the financing entity issuing such bonds and shall not be subject to the provisions of any other law or of the charter of any municipality relating to the authorization, issuance, or sale of bonds.

(7)  Bonds issued under this section shall be authorized by a resolution of the

financing entity and may be issued in one or more series and shall bear such date, be payable upon demand or mature at such time, bear interest at such rate, be in such denomination, be in such form, either coupon or registered or otherwise, carry such conversion or registration privileges, have such rank or priority, be executed in the name of the financing entity in such manner, be payable in such medium of payment, be payable at such place, be subject to such callability provisions or terms of redemption, with or without premiums, be secured in such manner, be of such description, contain or be subject to such covenants, provisions, terms, conditions, and agreements, including provisions concerning events of default, and have such other characteristics as may be provided by such resolution or by the trust agreement, indenture, or mortgage, if any, issued pursuant to such resolution. The seal, or a facsimile thereof, of the financing entity shall be affixed, imprinted, engraved, or otherwise reproduced upon each of its bonds issued under this section. Bonds issued under this section shall be executed in the name of the financing entity by the manual or facsimile signatures of such officials as may be designated in said resolution or trust agreement, indenture, or mortgage; except that at least one signature on each such bond shall be a manual signature. Coupons, if any, attached to such bonds shall bear the facsimile signature of such official of the financing entity as may be designated as provided in this subsection (7). Said resolution or trust agreement, indenture, or mortgage may provide for the authentication of the pertinent bonds by the trustee.

(8)  Bonds issued under this section may be sold by the financing entity in

such manner and for such price as the financing entity, in its discretion, may determine, at par, below par, or above par, at private sale or at public sale after notice published prior to such sale in a newspaper having general circulation in the municipality, or in such other medium of publication as the financing entity may deem appropriate, or may be exchanged by the financing entity for other bonds issued by it under this section.

(9)  If any of the officials of the financing entity whose signatures or facsimile

signatures appear on any of its bonds or coupons issued under this section cease to be such officials before the delivery of such bonds, such signatures or facsimile signatures, as the case may be, shall nevertheless be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.

(10)  Notwithstanding any other provision of law, any bonds that are issued

pursuant to this section are fully negotiable.

(11)  In any suit, action, or proceeding involving the validity or enforceability of

any bond that is issued under this section or the security therefor, any such bond reciting in substance that it has been issued by the financing entity in connection with a regional tourism project or any activity or operation of the financing entity under this part 3 shall be conclusively deemed to have been issued for such purposes; and such regional tourism project or such operation or activity, as the case may be, shall be conclusively deemed to have been initiated, planned, located, undertaken, accomplished, and carried out in accordance with the provisions of this part 3.

(12)  Pending the preparation of any definitive bonds under this section, a

financing entity may issue its interim certificates or receipts or its temporary bonds, with or without coupons, exchangeable for such definitive bonds when the latter have been executed and are available for delivery.

(13)  A person retained or employed by a financing entity as an advisor or a

consultant for the purpose of rendering financial advice and assistance may purchase or participate in the purchase or distribution of its bonds when such bonds are offered at public or private sale.

(14)  No commissioner or other officer of a financing entity issuing bonds

under this section and no person executing such bonds is liable personally on such bonds or is subject to any personal liability or accountability by reason of the issuance thereof.

(15)  No commissioner or other officer of a regional tourism authority issuing

bonds pursuant to this part 3 and no person executing such bonds shall be liable personally on such bonds or shall be subject to any personal liability or accountability by reason of the issuance of the bonds.

(16)  Bonds that are issued pursuant to this part 3 are declared to be issued

for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

Source: L. 2009: Entire part added, (SB 09-173), ch. 434, p. 2414, � 1,

effective June 4.

ARTICLE 46.1

Economic Development

Central Information System

24-46.1-101.  Economic development central information system -

information - availability. (1) There shall be coordinated by the state library and adult education office of the department of education an economic development central information system. The system shall provide access to information as available pursuant to subsection (3) of this section that would be useful to the economic community, businesses and industries making investment and employment decisions, local chambers of commerce, county and municipal governments, planning agencies, real estate brokers, small business owners, researchers, and others providing data and information services in this state. The system may include information that the state departments and agencies listed in subsection (2) of this section provide for general public use.

(2)  The following state departments and agencies may identify the

information set forth in subsection (3) of this section that the department or agency provides for general public use:

(a)  Repealed.


(b)  The department of agriculture;


(c)  The department of education;


(d)  The department of health care policy and financing;


(e)  The department of higher education;


(f)  The department of human services;


(g)  The department of labor and employment;


(h)  The department of law;


(i)  The department of local affairs;


(j)  The department of military and veterans affairs;


(k)  The department of natural resources;


(l)  The department of personnel;


(m)  The department of public health and environment;


(n)  The department of public safety;


(o)  The department of regulatory agencies;


(p)  The department of revenue;


(q)  The department of state;


(r)  The department of transportation;


(s)  The Colorado international trade office;


(t)  The legislative council;


(u)  The office of business development; and


(v)  The office of state planning and budgeting.


(3)  Each department and agency listed in subsection (2) of this section may

identify the following information that the department or agency currently provides for general public use and that may be included in the central information system:

(a)  State, county, and municipal demographics;


(b)  State vehicle registration;


(c)  County driver's license applications and renewals;


(d)  State, county, and municipal tax collections and disbursements;


(e)  Wholesale and retail trade data;


(f)  Labor and employment information including:


(I)  State and county labor force and employment data;


(II)  State and county unemployment data;


(III)  Employment data by industry;


(IV)  County and metropolitan statistical area employment data; and


(V)  Wage data by industry and job classification;


(g)  State export data;


(h)  State and county agricultural production;


(i)  State, county, and municipal construction data;


(j)  Kindergarten through twelfth grade enrollment and graduation rates by

public school district;

(k)  Higher education enrollment and graduation rates;


(l)  Transportation funding, traffic counts, and air traffic data;


(m)  Natural resource, mining, and forestry data;


(n)  Application and licensing requirements;


(o)  All state licensed, registered, or certified businesses or individuals;


(p)  Calendars of events, training, or other state business services; and


(q)  All other public business and economic development information

requested of the state library and adult education office by those using the central information system.

(4)  On or before July 1, 1997, each department or agency may provide the

information such as that identified in subsection (3) of this section that it provides for general public use to the state library and adult education office of the department of education for inclusion in the central information system and distribution through the access Colorado library and information network. Each department or agency shall provide the information in an open system architecture in cooperation with the office of information technology, created in section 24-37.5-103, and shall update the information as needed to keep the information current.

(5)  Any department or agency collecting a fee prior to October 1, 1995, for

information that the department or agency will include in the central information system may continue to charge that fee for the information after it is included in the system.

(6)  The state library and adult education office of the department of

education shall work with the office of information technology, created in section 24-37.5-103, to ensure each department or agency supplies its data to the access Colorado library and information network in the open system architecture, the confidentiality of proprietary information, and the integrity of state computer system security.

(7)  As used in this section, unless the context otherwise requires:


(a)  Access Colorado library and information network means a network of

decentralized computer servers providing access to library and government information resources for the general public with access points distributed throughout the state.

(b)  Central information system means state government information,

organized for public access through an integrated menu, whether the information is located on one computer server or a series of connected computer servers.

Source: L. 95: Entire article added, p. 1145, � 1, effective October 1. L. 96:

(2)(a) amended, p. 1470, � 15, effective June 1. L. 97: (2)(a) repealed, p. 1019, � 32, effective August 6. L. 2002: (2)(j) amended, p. 359, � 15, effective July 1. L. 2007: (4) and (6) amended, p. 915, � 13, effective May 17.

Cross references: For the legislative declaration contained in the 2002 act

amending subsection (2)(j), see section 1 of chapter 121, Session Laws of Colorado 2002.

ARTICLE 46.3

Work Force Development

Editor's note: This article was added in 1994. This article was repealed and

reenacted in 2000, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

PART 1

WORK FORCE DEVELOPMENT COUNCIL

24-46.3-100.3.  Definitions. As used in this article 46.3, unless the context

otherwise requires:

(1)  Department means the department of labor and employment.


(2)  Federal act means the federal Workforce Innovation and Opportunity

Act, 29 U.S.C. sec. 3101 et seq.

(3)  State council means the state work force development council created

in section 24-46.3-101 (1).

Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2066, � 167,

effective August 6.

24-46.3-101.  State work force development council - creation -

membership - funding through gifts, grants, and donations. (1) There is created in the department the state work force development council. The state council is a type 2 entity, as defined in section 24-1-105. The state council is established as a state work force development board in accordance with the federal act.

(2)  Membership of the state council must include:


(a)  The governor;


(b)  Two members of the house of representatives from different political

parties one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives; and two members of the senate from different political parties, one appointed by the president of the senate and one appointed by the minority leader of the senate;

(c)  Representatives of business in the state, appointed by the governor, who

are:

(I)  Owners of businesses, chief executives or operating officers of

businesses, and other business executives or employers with optimum policy-making or hiring authority, including members of local work force investment boards as specified in part 2 of article 83 of title 8, C.R.S.;

(II)  Representatives of businesses with employment opportunities that

reflect the employment opportunities in the state;

(III)  Representatives that are appointed from among individuals nominated

by state business organizations and business trade associations;

(d)  Other members appointed by the governor, who are:


(I)  Local elected officials;


(II)  Representatives of labor organizations, nominated by state labor

federations;

(III)  Representatives of organizations and individuals that have experience

with respect to youth activities;

(IV)  Representatives of organizations and individuals that have experience

and expertise in the delivery of work force investment activities, including chief executive officers of community colleges, area technical colleges, and community-based organizations in the state;

(V)  The lead state agency officials with responsibility for the programs and

activities authorized in the federal act for the establishment of one-stop systems and carried out by the partners at the one-stop career centers. If no lead state agency official has responsibility for such programs or activities, membership shall include a representative in the state with expertise relating to such programs or activities.

(VI)  Such other representatives as the governor may designate, including

persons with disabilities who can represent statewide cross-disability issues, which may include nonvoting members.

(3)  For the purposes of determining a conflict of interest by any member of

the state council, a member of the state council may not vote on matters under consideration by the state council regarding the provision of services by such member that would provide direct financial benefit to such member or the immediate family of such member, or engage in any other activity determined by the governor to constitute a conflict of interest as specified in the state plan.

(4)  Members of the state council that represent organizations, agencies, or

other entities shall be individuals with optimum policy-making authority within such organizations, agencies, or entities. The members of the state council shall represent diverse regions of the state, including urban, rural, and suburban areas.

(5)  A majority of the voting members of the state council shall be

representatives of business as described in paragraph (c) of subsection (2) of this section. The governor shall appoint a chairperson of the state council from one of the representatives of business as described in said paragraph (c).

(6)  In order to create a small-voting-member state council consistent with

the requirements of the federal act, state council members may be appointed to satisfy more than one of the membership categories specified in the federal act for the state work force development board.

(7) (a)  Except as provided in paragraph (b) of this subsection (7), the voting

state council members that are members of the general assembly shall serve at the pleasure of the speaker of the house of representatives and president of the senate and shall continue in office until the member's successor is appointed. Lead state agency officials and nonvoting members shall serve at the pleasure of the governor. All other members shall initially serve for staggered terms of one, two, and three years, as designated by the governor upon their appointment.

(b)  The terms of the members appointed by the speaker of the house of

representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall appoint or reappoint members in the same manner as provided in paragraph (b) of subsection (2) of this section. Thereafter, the terms of the members appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term.

(8)  The staff of the department, in consultation with the state council and

governor, shall establish an annual budget for basic state council functions, activities, meetings, travel, per diem, reports, and staff. Funding for the state council's budget shall come from a portion of the administrative money available to the mandatory and additional federal partner programs specified in 29 U.S.C. sec. 3151 (b)(1) and (b)(2). The amount of the administrative money from each mandatory and additional federal partner program to be transferred to the state council shall be determined by the office of state planning and budgeting, proportionate to the annual federal partner program or activity grant amounts to the state and appropriated by the general assembly. In addition to the federal partner programs grant funding, the state council shall seek other federal, state, and private grants, gifts, and donations to fund state council special duties, demonstration projects, and initiatives.

(9)  The members of the state council appointed pursuant to paragraph (b) of

subsection (2) of this section are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S.

(10)  The state council is authorized to seek, accept, and expend gifts, grants,

or donations from private or public sources for the purposes of this article 46.3; except that the state council may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this article 46.3 or any other law of the state.

(11) and (12)  Repealed.


(13)  The general assembly may appropriate money from the general fund or

from any other available source to the state council for the purposes of the state council specified in this part 1.

Source: L. 2000: Entire article R&RE, p. 1908, � 2, effective July 1. L. 2007: (7)

amended, p. 183, � 16, effective March 22. L. 2008: (1) and (8) amended, p. 1288, � 1, effective July 1. L. 2012: IP(2) and (2)(c)(I) amended, (HB 12-1120), ch. 27, p. 108, � 24, effective June 1. L. 2014: (9) added, (SB 14-153), ch. 390, p. 1963, � 16, effective June 6; (10) and (11) added, (SB 14-205), ch. 245, p. 943, � 2, effective August 6; (12) added, (HB 14-1384), ch. 347, p. 1559, � 2, effective August 6. L. 2016: (1), (2)(b), and (8) amended, (HB 16-1302), ch. 183, p. 647, � 31, effective May 19; (2)(d)(IV) amended, (HB 16-1082), ch. 58, p. 151, � 39, effective August 10. L. 2018: (6) amended, (HB 18-1375), ch. 274, p. 1711, � 50, effective May 29. L. 2020: (8) and (10) amended, (11) repealed, and (13) added, (HB 20-1396), ch. 138, p. 601, � 9, effective September 14. L. 2021: (12) repealed, (SB 21-179), ch. 114, p. 446, � 2, effective May 7. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3386, � 98, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2066, � 168, effective August 6.

Editor's note: The effective date for amendments to this section by House

Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)

Cross references: (1)  For the federal Workforce Investment Act of 1998,

see 29 U.S.C. sec. 2801 et seq.

(2)  For the short title (the Debbie Haskins 'Administrative Organization Act

of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

24-46.3-102.  Transfer of functions. (1)  The staff of the department shall, on

and after July 1, 2008, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the office of work force development prior to said date concerning the duties and functions transferred to the staff of the department pursuant to this section.

(2) (a)  On and after July 1, 2008, the officers and employees of the office of

work force development prior to said date whose duties and functions concerned the duties and functions transferred to the staff of the department pursuant to this section shall be transferred to the department.

(b)  Any such employees who are classified employees in the state personnel

system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.

(3)  On July 1, 2008, all items of property, real and personal, including office

furniture and fixtures, books, documents, and records of the office of work force development prior to said date pertaining to the duties and functions transferred to the staff of the department pursuant to this section, are transferred to the department and become the property thereof.

(4)  Whenever the office of work force development is referred to or

designated by a contract or other document in connection with the duties and functions transferred to the staff of the department pursuant to this article, such reference or designation shall be deemed to apply to the department. All contracts entered into by the office of work force development prior to July 1, 2008, in connection with the duties and functions transferred to the staff of the department pursuant to this section are hereby validated, with the department succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the department for the payment of such obligations.

Source: L. 2000: Entire article R&RE, p. 1908, � 2, effective July 1. L. 2008:

Entire section amended, p. 1289, � 2, effective July 1.

24-46.3-103.  Key industries talent pipeline working group. (1) (a)  The

general assembly hereby finds, determines, and declares that:

(I)  Colorado's economy is diverse and constantly changing and its key

industries are dependent on an accurately skilled workforce to continue to thrive;

(II)  Colorado's key industry employers continue to lack the skilled workers

they need to stay and grow in the state;

(III)  Coloradans miss opportunities for good jobs in growing industries

because they do not have access to the right education, training, or adequate hands-on experience at the right time to secure employment;

(IV)  Providing clear access to industry-driven career pathways for education

and employment advancement can result in long-term improvements in the economic well-being of Coloradans and will provide industries with the talent pipeline needed to thrive now and in the future;

(V)  Creating a coordinated system to advance the skills and educational

attainment of Coloradans across workforce development and education, in alignment with economic development goals, and in partnership with industry is the most promising way to advance Coloradans and supply industry with the talent it demands;

(VI)  Deep, authentic, and ongoing employer engagement and input is critical

to ensure that education and training programs are aligned with the real and current needs of industry; and

(VII)  Sector partnerships are a proven, established model of engaging

employers and coordinating workforce development, economic development, and education in response to the needs of industry and on behalf of workers seeking good jobs.

(b)  The general assembly further finds, determines, and declares that it will

be beneficial to create a working group with the state council comprised of representatives from the relevant state departments and offices to discuss and determine the most effective way to use sector partnerships at the regional level to align workforce development, economic development, and education in the state to the needs of key industries.

(2)  The state council, the department of higher education, the department of

education, the department of labor and employment, and the Colorado office of economic development shall work collaboratively to:

(a)  Discuss and determine needs across key industries and occupations

including challenges and opportunities in developing and growing relevant talent pipelines;

(b)  Ensure that the talent pipeline development infrastructure includes:


(I)  A listening process to collect workforce needs for key industries'

employers;

(II)  Curriculum alignment for high-demand occupation skill needs;


(III)  Occupation-aligned education and training options with a clearly

articulated progression;

(IV)  Skills assessments; and


(V)  Academic career counseling;


(c)  Utilize sector partnerships to:


(I)  Advise the development of career pathway programs for critical

occupations in key industries; and

(II)  Ensure the coordination of education and workforce initiatives to develop

a strong talent pipeline; and

(d)  Utilize existing measures and data systems to improve systems

alignment and inter-agency communication.

(3) (a)  In doing the work specified in subsection (2) of this section, the state

council, in partnership with the department of higher education, the department of education, the department of labor and employment, and the Colorado office of economic development, shall coordinate the production of an annual Colorado talent report. In preparing the annual Colorado talent report, the state council, the departments, and the office may use previously collected data and are not required to collect new data for the purposes of the report. The talent report shall:

(I)  Take into consideration the data contained in the annual job skills report

produced by the department of higher education and use such data to inform workforce development issues across key industries;

(II)  Utilize state-level data generated from state-level sources whenever

possible;

(III)  Utilize and, as appropriate, expand existing data-sharing agreements

between agencies and partners;

(IV)  Provide a progress report on the status of career pathway programs

targeted at key industries;

(V)  Provide an analysis of data regarding the skills required for key industry

jobs;

(VI)  Include recommendations related to advancing talent pipeline and

career pathways development;

(VII)  Include recommendations regarding the alignment and consistency of

data nomenclature, collection practices, and data-sharing. The recommendations shall not allow the disclosure of the personally identifiable information of a student enrolled in kindergarten or one of grades one through twelve without informed written permission from the student's parent or legal guardian. The recommendations may disclose de-identified, anonymous, or aggregate kindergarten-through-twelfth-grade student data without permission from a parent or legal guardian.

(VIII)  Repealed.


(IX)  Include the report regarding the industry infrastructure grant program,

prepared as required by section 24-46.3-405.

(b)  The heads of the department of higher education, the department of

education, the department of labor and employment, and the Colorado office of economic development shall include the recommendations from the state council, and any comments they may wish to add concerning the recommendations, to the house of representatives and senate committees of reference with jurisdiction over business issues by January 1, 2015. The heads of the departments shall annually present such recommendations and comments during the legislative hearings required pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, C.R.S.

Source: L. 2014: Entire section added, (SB 14-205), ch. 245, p. 941, � 1,

effective August 6. L. 2016: (3)(a)(VI) and (3)(a)(VII) amended and (3)(a)(VIII) added, (HB 16-1287), ch. 224, p. 856, � 1, effective August 10; (3)(a)(VI) and (3)(a)(VII) amended and (3)(a)(IX) added, (HB 16-1288), ch. 185, p. 654, � 3, effective August 10. L. 2023: (3)(a)(VIII) repealed, (SB 23-051), ch. 37, p. 145, � 21, effective March 23.

Editor's note: Amendments to subsections (3)(a)(VI) and (3)(a)(VII) by HB 16-1287 and HB 16-1288 were harmonized.


Cross references: For the legislative declaration in HB 16-1288, see section 1

of chapter 185, Session Laws of Colorado 2016.

24-46.3-104.  Career pathways - design - legislative declaration -

definitions. (1) The general assembly hereby finds that creating industry-driven career pathways for education assists students in entering the work force and provides industries with the talent pipeline necessary to fuel Colorado's economy. Recognizing the need for the coordinated development of career pathways for students, the general assembly enacted section 24-46.3-103 in 2014, tasking the state council to work collaboratively with the department of higher education, the department of education, the department of labor and employment, and the Colorado office of economic development to create the talent pipeline development infrastructure for use in creating career pathways for students. Creating career pathways for growing Colorado industries with occupations in high demand will:

(a)  Increase the number of Colorado citizens accessing postsecondary

education and apprenticeships;

(b)  Increase the number of Colorado citizens completing degrees,

apprenticeships, and other credentials;

(c)  Decrease the need for remediation at the postsecondary level;


(d)  Increase entry into employment and increase wages over time;


(e)  Create better transitions for students in the career pathways from high

school, community colleges, or adult education programs to apprenticeships, higher education, or into the work force;

(f)  Create better connections between postsecondary and work force

readiness initiatives in high school and adult work force programs; and

(g)  Through partnerships with industry, assist students in obtaining work

experience and employment during and after participation in educational programs.

(2)  As used in this section, unless the context otherwise requires:


(a)  Apprenticeship means a registered apprenticeship program with a

written plan that is designed to move an apprentice from a low- or no-skill entry-level position to full occupational proficiency. The program must comply with the parameters established under the National Apprenticeship Act, 29 U.S.C. sec. 50, as amended, and regulations promulgated under the act, and must be administered by the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor. An individual business, an employer association, or a labor organization sponsors a registered apprenticeship. Upon finishing a training program, the apprentice earns a completion of registered apprenticeship certificate, which is an industry-issued and nationally recognized credential that validates proficiency in an apprenticeable occupation, or is awarded a certificate of completion.

(b)  Career pathway means a series of connected education and training

strategies and support services that enable individuals to secure industry-relevant skills and certification where applicable, to obtain employment within an occupational area, and to advance to higher levels of future education and employment.

(b.5)  Certificate of completion means a certificate awarded to an

apprentice in recognition of the successful completion of an apprenticeship program.

(c)  Critical occupations means top jobs or employment in jobs that lead to

top jobs.

(d)  Growing industries means industries that are projected to create new

jobs annually for at least the next ten years.

(e)  Partners means, at a minimum, state agencies and organizations

described in section 24-46.3-103, the state board for community colleges and occupational education created in section 23-60-104, C.R.S., and interested postsecondary education providers.

(f)  State council means the state work force development council created

in section 24-46.3-101.

(g)  Top jobs means jobs that have strong projected average openings per

year for ten years and pay a living wage as defined in the Colorado talent pipeline report prepared pursuant to section 24-46.3-103.

(3) (a)  The state council, in collaboration with its partners and after

consulting with local work force boards, and a task force within the department of education consisting of leadership from the department of education and superintendents of local school districts, shall design integrated career pathways for students within industry sectors identified in the annual Colorado talent report prepared pursuant to section 24-46.3-103 that are growing industries and that have critical occupations that are without clearly articulated career pathways.

(b) (I)  In collaboration with its partners pursuant to subsection (3)(a) of this

section, the state council shall:

(A)  Design at least one career pathway that is ready for implementation by or

before the 2016-17 academic year for critical occupations in a growing industry; and

(B)  Subject to available appropriation or money from other sources, design at

least two career pathways that are ready for implementation at the beginning of each subsequent academic year for critical occupations in growing industries.

(II)  Based on the top jobs listing in the talent pipeline report prepared in

January 2014, the first three growing industries for design of a career pathway are construction and related skilled trades, information technology, and health care.

(c)  Industry, through regional sector partnerships, and statewide trade

associations shall review each career pathway annually to ensure that the career pathway remains relevant to the industry and shall provide input for ongoing adjustments to the career pathway to meet work force needs.

(d)  Career pathways designed pursuant to this section shall include:


(I)  Apprenticeship and other work-based learning options when relevant to

the career pathway and available in the state;

(II)  Direct alignment with postsecondary and work force readiness and

individual career and academic plans in high schools. The department of education and local school districts through postsecondary and work force readiness coordinators shall partner with the state council to achieve the alignment.

(III)  Initiatives for adult and out-of-school youth when relevant to the career

pathway and available.

(4)  In designing career pathways, the state council shall:


(a)  Coordinate the career pathway work group made up of all partners'

subject matter experts to ensure that career pathways are comprehensive and integrated across secondary, postsecondary, work force, and industry education and training programs and to ensure that all partners are engaged in the design of the career pathways; and

(b)  Use the sector partnership model and relationships with statewide trade

associations to ensure that all career pathways are industry driven and relevant. A career pathway shall not be designed without active industry engagement throughout the process, from the beginning of the process through the final career pathway that is ready for implementation.

(5)  The state council and partners shall use the model developed to create

the manufacturing career pathway pursuant to section 23-60-1003, C.R.S., including any improvements to the model based upon the implementation of the manufacturing career pathway. Consistent with the manufacturing career pathway, career pathways created pursuant to this section must have the components described in section 23-60-1003 (2), C.R.S., as they relate to the specific career pathway being created.

(5.5) (a)  As used in this subsection (5.5), energy sector means current and

emerging establishments and partnerships engaged in electromechanical generation and maintenance, electrical energy transmission and distribution, energy efficiency and environmental technology, and renewable energy production. The energy sector includes but is not limited to occupations and activities relating to the development, installation, and maintenance of products or technologies in the areas of carbon capture, energy storage, building electrification, electric vehicles, charging infrastructure, hydrogen fuel cell technology, and renewable natural gas.

(b)  The state council and partners, including the department of natural

resources, shall create an industry-driven energy sector career pathway for implementation by or before the 2022-23 academic year. The state council shall comply with the provisions of this section, including career pathway design, components, implementation, industry review, and promotion of the energy sector career pathway.

(c)  The strengthening photovoltaic and renewable careers (SPARC)

workforce development program, created in part 5 of this article 46.3, shall provide money and other supports for in-demand and growing occupations in the energy sector career pathway created pursuant to this subsection (5.5).

(6)  Once a career pathway is completed pursuant to this section, the state

council shall facilitate outreach and training related to advising students on the career pathways for all partners involved in implementing the career pathway, as well as other local, regional, or state entities that are interested in promoting the career pathway to students.

(7) (a)  Once a career pathway is completed pursuant to this section, the state

council shall, subject to available appropriation or money from other sources, collaborate with the department of higher education and the department of labor and employment to create a microsite concerning the career pathway on a state-provided, free online resource. At a minimum, the following information must be included:

(I)  Industry-sector career awareness;


(II)  Salary and wage information for the industry-sector career;


(III)  The industry-sector employment forecast;


(IV)  Information on programs within the career pathway, services provided,

and financial aid opportunities for students; and

(V)  Online student support services.


(b)  The state council may use money appropriated by the general assembly

pursuant to section 24-46.3-101 (13) or money from any other source to add additional information and tools to a career pathways microsite, similar to the information and tools provided in the microsite relating to the manufacturing career pathway.

Source: L. 2015: Entire section added, (HB 15-1274), ch. 196, p. 661, � 1,

effective August 5. L. 2020: IP(3)(b)(I), (3)(b)(I)(B), IP(7)(a), and (7)(b) amended, (HB 20-1396), ch. 138, p. 602, � 10, effective September 14. L. 2021: (5.5) added, (HB 21-1149), ch. 247, p. 1343, � 1, effective June 16; (2)(a) amended, (HB 21-1007), ch. 309, p. 1892, � 8, effective July 1. L. 2023: (2)(a) amended and (2)(b.5) added, (SB 23-051), ch. 37, p. 146, � 22, effective March 23. L. 2025: (2)(f) amended, (SB 25-300), ch. 428, p. 2450, � 36, effective August 6.

24-46.3-105.  Innovative industries workforce development program -

legislative declaration - definitions - appropriation - repeal. (Repealed)

Source: L. 2015: Entire section added, (HB 15-1230), ch. 226, p. 838, � 1,

effective August 5.

Editor's note: Subsection (7) provided for the repeal of this section, effective

July 1, 2020. (See L. 2015, p. 838.)

24-46.3-106.  Career - education - training - planning and exploration -

online platform - report - repeal. (Repealed)

Source: L. 2020: Entire section added, (HB 20-1396), ch. 138, p. 597, � 1,

effective September 14.

Editor's note: Subsection (8) provided for the repeal of this section, effective

June 30, 2025. (See L. 2020, p. 597.)

PART 2

HOSPITALITY CAREER SECONDARY EDUCATION

GRANT PROGRAM

24-46.3-201.  Legislative declaration. (1)  The general assembly hereby finds

and declares that the hospitality industry:

(a)  Plays a vital role in Colorado's economy;


(b)  Is diverse, with employers throughout the state;


(c)  Employs more than two hundred forty thousand people in Colorado;


(d)  Produces more than ten billion dollars in annual sales in Colorado;


(e)  Creates sales that generate more than six hundred million dollars in state

and local taxes annually; and

(f)  Is an essential element of Colorado's economy.


(2)  Therefore, the general assembly finds and declares that developing a

hospitality career secondary education grant program for Colorado citizens will:

(a)  Increase the number of Colorado citizens accessing postsecondary

education;

(b)  Increase the number of Colorado citizens completing degrees and other

credentials;

(c)  Decrease the need for remediation at the postsecondary level;


(d)  Increase entry into employment and increase wages over time; and


(e)  Create better transitions in educational programs for students in the

hospitality career pathway from high school to college.

Source: L. 2014: Entire part added, (SB 14-015), ch. 329, p. 1457, � 1, effective

June 5.

24-46.3-202.  Definitions. As used in this part 2, unless the context

otherwise requires:

(1)  Department means the department of labor and employment created in

section 24-1-121.

(2)  Fund means the hospitality career secondary education fund created in

section 24-46.3-204.

(3)  Grant program means the hospitality career secondary education grant

program established in section 24-46.3-203.

(4)  Hospitality industry means Colorado restaurants, hotels, and

attractions.

(5)  Hospitality program means a hospitality secondary education program

that, at a minimum:

(a)  Includes a curriculum that teaches career- and college-readiness skills

that are pertinent to the hospitality industry;

(b)  Offers secondary-level students the opportunity to work in the hospitality

industry and earn wages while in the program;

(c)  Offers hospitality industry-validated certificates of completion;


(d)  Is approved by the office in the Colorado community college system that

administers high school career and technical education programs for use in Colorado high schools;

(e)  Has been administered in at least one Colorado high school for a

minimum of three years;

(f)  Is endorsed and supported by at least one Colorado and one national

hospitality trade association; and

(g)  Upon successful completion, will result in the issuance of a certificate to

the student that articulates credits for postsecondary education.

Source: L. 2014: Entire part added, (SB 14-015), ch. 329, p. 1458, � 1, effective

June 5.

24-46.3-203.  Hospitality career secondary education grant program -

established. (1) There is established in the department the hospitality career secondary education grant program. The purpose of the grant program is to accelerate growth and improve and expand the development of hospitality programs. The department shall administer the grant program through the acceptance and review of applications submitted pursuant to this section and the awarding of grants. The department shall develop application guidelines and establish deadlines for the grant program.

(2)  The department shall award the first grants of the grant program for the

2015-16 academic year, so long as moneys are appropriated to the cash fund created for implementation of the grant program. Grants must be awarded annually thereafter, based on available appropriations.

(3)  A hospitality program may apply for a grant from the grant program

based on the guidelines and deadlines established by the department in subsection (1) of this section. To be eligible for a grant, a hospitality program shall include, at a minimum, the following information in its application:

(a)  A description of how the grant will be used;


(b)  A description of the hospitality program, including the number of years it

has been in operation and the high schools in which it has been implemented;

(c)  A nonduplicative, clearly articulated course progression from one level of

instruction to the next;

(d)  A description of the available opportunities for students to earn

postsecondary credit;

(e)  Verification of industry-validated credentials;


(f)  Demonstration of partnerships with hospitality industry members where

students have the opportunity to earn income; and

(g)  Verification

C.R.S. § 24-82-410

24-82-410. Liquidation or disposal of surplus equipment, property, and supplies. (Repealed)

Source: L. 86: Entire section added, p. 756, � 11, effective July 1.


Editor's note: Subsection (2) provided for the repeal of this section, effective

July 1, 1988. (See L. 86, p. 756.)

PART 5

SOLAR ENERGY RESEARCH INSTITUTE

C.R.S. § 24-82-502

24-82-502. Legislative declaration. The general assembly hereby finds and declares that the enactment of this part 5 is in the interest of the people of the state of Colorado and of the United States and is for a public purpose; that the selection of a site within the state of Colorado for the construction and operation of a federal facility for the purpose of conducting solar energy research and development and other related forms of energy research is desirable and consistent with scientific, industrial, and commercial development of this state; and that the state should facilitate research which will protect and enhance the preservation of natural resources and the environment of the state, including its land, air, and water and the health and welfare of its citizens. It is the purpose of this part 5 to facilitate the acquisition and use of land or interests in land which may be needed or desirable for a permanent site suitable for a federal facility to conduct solar energy research and development. It is further declared that the development of renewable, fuel resource-conserving, and nonpolluting forms of energy is a matter of statewide concern and affected with the public interest and that the provisions of this part 5 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

Source: L. 77: Entire part added, p. 1255, � 1, effective February 1.

C.R.S. § 24-82-503

24-82-503. Conveyance of state lands authorized - description. (1) Any other provision of law to the contrary notwithstanding, including, but not limited to, section 28-3-106, C.R.S., the adjutant general and the governor, assisted by the attorney general, may enter into an option agreement, exercisable by the federal government at any time within a five-year period, to convey, and may convey within such period, to the federal government, without compensation, approximately three hundred acres of the real property interest of the state of Colorado in section thirty-six, township three south, range seventy west of the sixth principal meridian, located in Jefferson county, or so much thereof as the governor, in consultation with the appropriate federal agency, deems necessary for purposes of a solar energy research institute. The state's interest in this property shall not be conveyed in any other manner or for any other purpose.

(2) (a)  A conveyance made pursuant to subsection (1) of this section shall be

made only when the federal government is prepared to accept the conveyance according to a schedule for site preparation and construction of the facility as it deems appropriate. A conveyance made pursuant to subsection (1) of this section may be made by dividing the three hundred acres to be conveyed into two parcels. The first parcel, parcel A, may be of approximately one hundred forty-five acres, to be used for the main test site and for utility improvements. The title to parcel A shall revert to the state of Colorado after a period of five years from the date of the deed unless within such period the federal government commences construction of improvements to be made on parcel A, at which time the reversionary provision shall become null and void. The second parcel, parcel B, may be of approximately one hundred fifty-five acres, to be used for additional test sites and for office and laboratory facilities. The title to parcel B shall revert to the state of Colorado after a period of five years from the date of the deed unless within such period the federal government causes the reversionary provision concerning parcel A to become null and void.

(b)  If the reversionary provision concerning parcel A becomes null and void,

parcel B shall revert to the state of Colorado twenty years from the date of the deed unless either of the following occur, at which time the reversionary provision shall become null and void:

(I)  The federal government has indicated that it has approved programs and

appropriated funds and is prepared to commence construction of either an office building or laboratory building on either parcel A or parcel B; or

(II)  The federal government commences construction of permanent

improvements on said parcel B.

(3)  The provisions of this section shall not apply to any interest in such

property retained as state school land indemnity interest, but the state board of land commissioners, in a manner consistent with federal law and the constitution of the state, may subordinate such interest to facilitate the conveyance to the federal government pursuant to subsections (1) and (2) of this section. The procedural requirements of article 1 of title 36, C.R.S., regarding leasing or sale of state lands shall not apply to such subordination. Any subordination of the state school land indemnity interest made pursuant to this subsection (3) may contain provisions for a termination of the subordination under the same terms and conditions as reversion of the land conveyed pursuant to subsections (1) and (2) of this section.

Source: L. 77: Entire part added, p. 1256, � 1, effective February 1. L. 81: (3)

amended, p. 1249, � 1, effective March 17; entire section amended, p. 1246, � 1, effective June 12.

C.R.S. § 24-82-504

24-82-504. Siting of institute. Any other provision of law to the contrary notwithstanding, including, but not limited to, article 23 of title 31, article 28 of title 30, article 65.1 of this title, and part 3 of article 1 of title 34, C.R.S., use of the property described in section 24-82-503 (1) is authorized and approved for purpose of a solar energy research facility by the federal government, but, insofar as feasible, the facility shall conform to the substantive standards of any state or local building, fire, safety, health, and environmental control code or any other requirement which would otherwise be applicable.

Source: L. 77: Entire part added, p. 1256, � 1, February 1.

PART 6

STATE-OWNED FACILITIES - ENERGY CONSERVATION

C.R.S. § 24-82-601

24-82-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1)  Description means a nontechnical explanation of all passive solar

design and energy conservation features.

(2)  Fifty-five thousand Btu/square foot/year energy performance goal

means the goal for the amount of energy to be consumed or used on-site for the purposes of heating, cooling, lighting, and ventilation, but the term does not include energy losses associated with energy transmission, generation, or distribution.

(3)  Renewable energy systems means passive and active solar systems,

wind energy systems, biomass energy source systems, geothermal energy systems, hydroelectric energy systems, cogeneration systems, waste heat recovery systems, and other innovative energy recovery systems which meet the energy performance goal as provided in this part 6.

(4)  Unconditioned space means buildings and structures or portions

thereof which are neither heated nor cooled by fuel or electrical energy, including buildings or portions of buildings used primarily for the storage of materials and are uninhabited, except for the handling of those materials, and are not heated to fifty degrees Fahrenheit.

Source: L. 81: Entire part added, p. 1251, � 1, effective July 1.

C.R.S. § 24-82-602

24-82-602. Required energy performance goal. (1) All state buildings, and improvements thereto, with design commencing on or after July 1, 1981, shall be designed:

(a)  To achieve a fifty-five thousand Btu/square foot/year energy

performance goal for heating, cooling, lighting, and ventilation energy;

(b)  To make maximum use of passive solar concepts such as energy

conservation, natural lighting, and orientation and incorporation of thermal-mass;

(c)  To make maximum use of economically feasible renewable energy

systems;

(d)  To achieve the ease of retrofit with renewable energy systems.


(2)  A description of said system shall be posted or filed at the construction

site, and copies thereof shall be made available to any interested party upon request.

(3)  State buildings which are not office buildings shall be designed for

maximum use of passive solar concepts, economically feasible renewable energy systems, and ease of renewable energy system retrofit but may exceed the fifty-five thousand Btu/square foot/year energy performance goal if approved by the department of personnel for each building on a case-by-case basis. Said goal may also be adjusted by the department of personnel to accommodate different climate zones in the state.

(4)  This section shall not apply to space or buildings which are unconditioned

or which are listed in the historical registry.

Source: L. 81: Entire part added, p. 1252, � 1, effective July 1. L. 95: (3)

amended, p. 660, � 86, effective July 1. L. 96: (3) amended, p. 1471, � 17, effective June 1.

Cross references: For the legislative declaration contained in the 1995 act

amending subsection (3), see section 112 of chapter 167, Session Laws of Colorado 1995.

PART 7

MASTER LEASING

Cross references: Section 24-82-1207 states that the provisions of this part

7 shall not apply to leases entered into pursuant to part 12 of this article.

C.R.S. § 24-92-303

24-92-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Construction means the construction, alteration, or repair of an energy

sector public works project, consistent with and including the same limitations as the definition of construction as established in section 45 (b)(7)(a) of the federal Internal Revenue Code of 1986, as amended, and as described in all related official guidance from the federal internal revenue service and the United States department of labor implementing the applicable sections of the federal Inflation Reduction Act.

(2)  Cooperative electric association has the same meaning as set forth in

section 40-9.5-102 (1).

(3)  Craft labor means employees who are engaged in the construction of

an energy sector public works project, including all trades, crafts, and occupations, and who are paid hourly.

(4)  Craft labor certification means all documentation and certification of

payroll required for an energy sector public works project in accordance with the requirements of section 24-92-115 (7) and part 2 of this article 92.

(5) (a)  Energy sector public works project means any project in the state

that:

(I)  Has the purpose of generating, transmitting, or distributing electricity or

natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, including any project for which energy is purchased through a power purchaser or similar agreement, and is funded in whole or in part by:

(A)  The state, through direct funding, loans, loan guarantees, land transfers,

tax assistance, including tax credits, deductions, or incentives, or other assistance allocated or appropriated by the state; or

(B)  Utility customer funding as approved in any proceeding conducted by the

public utilities commission as part of an electric resource acquisition or requests for certificates of convenience and necessity for construction or expansion of a project, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants; or

(II)  Has the purpose of generating or distributing electricity or natural gas

for the purposes of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.

(b)  Energy sector public works project includes the following project types,

so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section:

(I)  Power generation with a nameplate generation capacity of one megawatt

or higher, including generation sourced from wind, solar, geothermal, hydrogen, nuclear, or bioenergy, or any project that generates electricity from the combustion of oil, gas, or other fossil fuels or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher; and

(II)  Other projects with a total project cost of one million dollars or more that

include:

(A)  Pollution controls;


(B)  Utility gas distribution;


(C)  Electric transmission projects;


(D)  Geothermal systems that are used to provide heat or heated water or

that operate as thermal systems or thermal networks as defined in law;

(E)  Electric vehicle charging infrastructure installations;


(F)  Hydrogen-related infrastructure construction projects;


(G)  Any project that transports or stores carbon dioxide captured from

power generation; and

(H)  Any other construction projects covered by this part 3.


(6)  Federal prevailing wage and apprenticeship requirements means the

requirements under:

(a)  Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether

applicable directly or under a provision of the federal Internal Revenue Code of 1986, as amended, that applies such sections of the United States Code; or

(b)  Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether

applicable directly or under a provision of the federal Internal Revenue Code of 1986, as amended, that applies such sections of the United States Code.

(7)  Federal Inflation Reduction Act means the federal Inflation

Reduction Act of 2022, United States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time.

(8)  Lead contractor means a general contractor, construction manager,

developer, design builder, or other party that is primarily responsible to a public utility or independent power producer for performing construction under a contract for an energy sector public works project.

(9)  Project labor agreement means a prehire collective bargaining

agreement between a lead contractor and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on a project, that establishes the terms and conditions of employment of the construction workforce on an energy sector public works project. A project labor agreement must include provisions that:

(a)  Set forth effective, immediate, and mutually binding procedures for

resolving jurisdictional labor disputes and grievances arising before the completion of work;

(b)  Contain guarantees against strikes, lockouts, or similar actions;


(c)  Ensure a reliable source of trained, skilled, and experienced construction

craft labor;

(d)  Further public policy objectives regarding improved employment

opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;

(e)  Permit the selection of the lowest qualified responsible bidder or lowest

qualified responsible offeror without regard to union or non-union status at other construction sites;

(f)  Bind all contractors and subcontractors on the energy sector public works

project to the project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and

(g)  Include other terms as the parties deem appropriate.


(10)  Public utility has the same meaning as set forth in section 40-1-103.


Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1351, � 1,

effective January 1, 2024.

C.R.S. § 25-6-407

25-6-407. Enforcement. The venue to enforce an action pursuant to the provisions of this part 4 is in the Denver district court.

Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 251, � 24,

effective April 14.

Cross references: For the legislative declaration in SB 23-188, see section 1

of chapter 68, Session Laws of Colorado 2023.

ENVIRONMENTAL CONTROL

ARTICLE 6.5

Environmental Control

Law reviews: For article, Using Local Police Powers to Protect the

Environment, see 24 Colo. Law. 1063 (1995).

PART 1

PROVISIONS FOR RULES AND REGULATIONS CONCERNING ENVIRONMENTAL CONTROL

25-6.5-101.  Legislative declaration. (1)  The general assembly hereby finds

and determines that the protection of the natural environment of this state is important to the public health and welfare of the citizens of Colorado.

(2)  The general assembly further finds and determines that the

environmental laws of this state relating to air quality control in article 7 of this title, water quality control in article 8 of this title, hazardous waste in article 15 of this title, and solid waste in article 20 of title 30, C.R.S., may be highly technical, complex, and subject to varying interpretation.

(3)  The general assembly, therefore, declares that the provisions of this

article are enacted to enhance public notice and awareness of rules, regulations, and interpretations of the environmental laws of this state and to ensure public confidence in the fairness of the enforcement of any agency requirements.

Source: L. 94: Entire article added, p. 1363, � 1, effective July 1.


25-6.5-102.  Requirements for environmental rules - publication. (1)  All

agency policies and guidance, including any amendments or revisions thereto, relating to the implementation, administration, and enforcement of article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., except for policies relating to personnel or other internal administrative matters not directly related to enforceable requirements under such articles, shall be reduced to writing and published. Three copies shall be filed with the state librarian for the state publications depository and distribution center. Copies of each such policy or guidance issued under article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., shall be made available to the public upon request. Interpretive rules issued under article 15 of this title shall also be made available to the public upon request. Each affected agency shall maintain and make available to the public a current index of all such policies, guidance, and interpretive rules in effect. Copies of any policy, guidance, interpretive rule, or index shall be provided to the public at cost.

(2)  No policy or guidance referred to in subsection (1) of this section shall

have the force and effect of a rule unless it has been promulgated by the relevant commission pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S., and applicable provisions of article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., pertaining to rule-making procedures or authorizing the promulgation of rules, and made available to the public in accordance with section 24-4-103, C.R.S.

(3) (a)  Any policy or guidance, including any amendments or revisions

thereto, may be brought to the attention of the relevant division director and thereafter may be brought to the relevant commission for review. The review shall determine whether such policy or guidance is within the statutory authority of the relevant agency, is consistent with applicable statutes and any applicable regulations, including the provisions of subsection (1) of this section, and is appropriate for the relevant commission to undertake rule-making with respect to the subject matter of the policy or guidance and shall consider other questions within the scope of the relevant commission's authority related to such policy or guidance.

(b)  Following such review, the commission shall take action or, if appropriate,

refer the matter to the relevant division director to take action within a specified period of time in accordance with its determination.

(4)  Any obligation to submit payment of any monetary penalty arising from

an enforcement action that concerns a matter under review by the relevant commission shall be stayed until the relevant commission completes its review.

(5)  The commission review regarding the policy or guidance shall not

constitute an adjudication of any facts of a specific enforcement action.

(6)  Failure to request a review under this section shall not be considered in

any permit appeal or enforcement action.

(7)  As used in this section:


(a)  Relevant commission means the commission or agency responsible for

the promulgation of rules for the environmental program under which the guidance or policy is issued.

(b)  Relevant division director means the director of the division within the

department of public health and environment, responsible for the subject matter of the guidance or policy at issue.

Source: L. 94: Entire article added, p. 1364, � 1, effective July 1. L. 96: (1) and

(2) amended, p. 1471, � 20, effective June 1.

PART 2

POLLUTION CONTROL EQUIPMENT CERTIFICATION

25-6.5-201.  Definitions. As used in this part 2, unless the context otherwise

requires:

(1)  Division means the division of administration of the department of public

health and environment.

(2) (a)  Pollution control equipment means any personal property, including

equipment, machinery, devices, systems, buildings, or structures, that is installed, constructed, or used in or as a part of a facility that creates a product in a manner that generates less pollution by the utilization of an alternative manufacturing or generating technology.

(b)  Pollution control equipment includes:


(I)  Gas or wind turbines and associated compressors or equipment;


(II)  Solar, thermal, or photovoltaic equipment;


(III)  Equipment used as part of a system that uses geothermal energy for

water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; or

(IV)  Wastewater thermal energy equipment.


(3)  Wastewater thermal energy equipment means equipment used as part

of a system that uses thermal energy in wastewater, to heat or cool a space, or for any other useful thermal purpose that reduces greenhouse gas emissions from the combustion of gas in customer end uses.

Source: L. 2000: Entire part added, p. 1466, � 2, effective August 2. L. 2022:

(2) amended, (SB 22-118), ch. 335, p. 2370, � 3, effective August 10. L. 2023: (2) amended and (3) added, (SB 23-016), ch. 165, p. 733, � 4 effective August 7.

25-6.5-202.  Certification of pollution control equipment. (1)  Within twelve

months after the date of acquisition of an ownership or lease interest, a person owning or leasing property may file a request for certification of such property as pollution control equipment with the division on forms prescribed by the division.

(2)  At any time after the filing of a request for certification pursuant to

subsection (1) of this section and prior to a determination, the division may schedule a conference with the applicant to obtain further information relevant to the determination of eligibility for certification as pollution control equipment.

(3)  Within six months after the filing of a request pursuant to subsection (1)

of this section, the division shall determine the eligibility of such property as pollution control equipment and shall certify its determination to the applicant and the executive director of the department of revenue. The division may certify as pollution control equipment all of the property for which a request has been filed pursuant to subsection (1) of this section, specified portions of the property, or none of the property. In making its determination, the division shall consider any available and pertinent information.

(4)  If the division denies a request for certification in whole or in part, the

applicant may file with the division a written objection to the determination within thirty days after receipt of written notice of the determination. If a written objection is filed, the division shall grant the applicant a hearing in accordance with section 24-4-105, C.R.S., within thirty days after receipt of the written objection and shall make a final determination based on the hearing.

(5)  If the final determination of the division denies the request for

certification in whole or in part, the final determination shall be subject to judicial review in accordance with the provisions of section 24-4-106, C.R.S.

(6)  The division may assess against an applicant a fee sufficient to cover the

actual and direct cost incurred by the division in making a determination pursuant to this section, including, but not limited to, the actual and direct cost of any hearing or appeal related to the denial of certification if the denial is upheld. Any fee assessed by the division pursuant to this subsection (6) shall be credited to the pollution control equipment certification fund created in section 25-6.5-203.

Source: L. 2000: Entire part added, p. 1467, � 2, effective August 2.


25-6.5-203.  Pollution control equipment certification fund - creation -

purpose. (1) There is hereby established in the state treasury the pollution control equipment certification fund, which shall consist of all moneys collected by the division pursuant to section 25-6.5-202. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended or unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund.

(2)  The moneys in the pollution control equipment certification fund shall be

subject to annual appropriation by the general assembly to the department of public health and environment to defray the costs incurred by the division in performing its obligations pursuant to section 25-6.5-202.

Source: L. 2000: Entire part added, p. 1467, � 2, effective August 2.

ARTICLE 6.6

Environmental Management System

Permit Program

25-6.6-101 to 25-6.6-106.  (Repealed)


Editor's note: (1)  This article was added in 2004. For amendments to this

article prior to its repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  For the amendments to � 25-6.6-106 in HB 18-1239 in effect from April 12,

2018, to July 1, 2018, see chapter 114, Session Laws of Colorado 2018. (L. 2018, p. 810.)

(3)  Section 25-6.6-106 provided for the repeal of this article, effective July 1,

1. (See L. 2004, p. 479.)

ARTICLE 6.7

Environmental Leadership Act

25-6.7-101  to 25-6.7-110. (Repealed)


Editor's note: (1)  This article was added in 1998. For amendments to this

article prior to its repeal in 2003, consult the 2003 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 25-6.7-110 (2) provided for the repeal of this article, effective

December 31, 2003. (See L. 98, p. 877.)

ARTICLE 7

Air Quality Control

Editor's note: This article was numbered as article 31 of chapter 66, C.R.S.

1. The substantive provisions of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

PART 1

AIR QUALITY CONTROL PROGRAM

Cross references: For the automobile inspection and readjustment program,

see part 3 of article 4 of title 42.

Law reviews: For article, A Practitioners Guide to the Colorado Air Quality

Control Commission, see 16 Colo. Law. 1405 (1987); for article, Colorado's New Clean Air Program, see 22 Colo. Law. 541 (1993); for article, Colorado's Clean Air Act Amendments Regulations, see 23 Colo. Law. 861 (1994).

C.R.S. § 29-20-402

29-20-402. Legislative declaration. (1) The general assembly finds that:

(a)  New renewable energy projects and development of a skilled renewable

energy workforce are needed in order to make progress on the state's greenhouse gas emission reduction goals while also protecting public health, safety, welfare, and the environment, including wildlife resources;

(b)  The protection of healthy, intact ecosystems results in resilient lands and

waters that can be utilized as nature-based solutions to mitigate some impacts of climate change;

(c)  Colorado will likely need to triple wind energy capacity and quintuple

solar energy capacity by the year 2040 in order to meet the state's greenhouse gas emission reduction goals described in section 25-7-102;

(d)  The development of renewable energy resources and transmission will

generate cost savings for electricity consumers, provide economic opportunity and workforce development, provide more stable energy prices by reducing dependence on commodities with variable prices, reduce harmful air pollution, improve public health, increase energy security, and bring economic benefits to landowners and local communities; and

(e)  There may be opportunities to streamline and expedite permitting of

renewable energy projects in strategic areas.

Source: L. 2024: Entire part added, (SB 24-212), ch. 214, p. 1305, � 1, effective

May 21.

C.R.S. § 29-20-403

29-20-403. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Brunot Agreement means the agreement of September 13, 1873,

ratified by act of April 29, 1874, ch. 136, 18 Stat. 36 (1874).

(2)  Brunot area means the land relinquished and conveyed by the

confederated bands of the Ute nation to the United States in the Brunot Agreement and upon which the United States agreed to permit the Ute Indians to hunt so long as the game lasts and the Indians are at peace with the white people.

(3)  Colorado energy office or office means the Colorado energy office

created in section 24-38.5-101.

(4)  Commercial energy storage facility means commercially available

technology that is capable of retaining energy, storing the energy for a period of time, and delivering the energy after storage by chemical means.

(5)  Commercial energy transmission facility means all structures,

equipment, and real property necessary to transfer electricity at system bulk supply voltage of one hundred kilovolts or more.

(6)  Commercial solar energy facility means any device or assembly of

devices that:

(a)  Is ground installed;


(b)  Has at least five megawatts alternating current of total nameplate

generating capacity; and

(c)  Uses solar energy to generate electricity for the primary purpose of

wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.

(7)  Commercial wind energy facility means a wind energy conversion

facility with a total nameplate generating capacity of one-half megawatt or greater.

(8)  Division of parks and wildlife or division means the division of parks

and wildlife created in section 33-9-104.

(9)  Energy and carbon management commission means the energy and

carbon management commission created in section 34-60-104.3.

(10)  Facility means:


(a)  A commercial wind energy facility;


(b)  A commercial solar energy facility; or


(c)  A commercial energy storage facility.


(11)  Facility owner means:


(a)  A person with a direct ownership interest in a facility, regardless of

whether the person is involved in acquiring rights and permits for the facility or otherwise planning for the construction and operation of the facility; or

(b)  During the time a facility is being developed, a person that is acting as a

developer of the facility by acquiring necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.

(12)  High-priority habitat has the meaning set forth in section 34-60-132.


(13)  Labor organization means a bona fide labor organization within the

meaning of 29 U.S.C. sec. 152 of the federal National Labor Relations Act, Pub.L. 74-198, that represents or seeks to represent workers engaged in the construction, operations, and maintenance of covered renewable energy projects or working in the supply chain for such projects.

(14)  Local government means a municipal or county government of a

community in which a renewable energy project is proposed to be located.

(15)  Renewable energy project or project means a project to establish a

facility.

(16)  Tribal government means the tribal government of the Ute Mountain

Ute Tribe or the Southern Ute Indian Tribe.

Source: L. 2024: Entire part added, (SB 24-212), ch. 214, p. 1306, � 1, effective

May 21.

C.R.S. § 29-3-103

29-3-103. Definitions. As used in this article 3, unless the context otherwise requires:

(1)  Bonds or revenue bonds means bonds, notes, or other securities

evidencing an obligation and issued under this article by a county or municipality.

(2)  County means any county within this state.


(3)  Finance or financing means the issuing of bonds by a county or

municipality and the use of substantially all of the proceeds therefrom pursuant to a financing agreement with the user to pay (or to reimburse the user or its designee) for the costs of the acquisition or construction of a project, whether these costs are incurred by the county, the municipality, the user, or a designee of the user. Title to or in the project may at all times remain in the user, and, in such case, the bonds of the county or municipality may be secured by mortgage or other lien upon the project or upon any other property of the user, or both, granted by the owner or by a pledge of one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the user, as the governing body deems advisable, but no county or municipality shall be authorized hereby to pledge any of its property or to otherwise secure the payment of any bonds with its property; except that the county or municipality may pledge the property of the project or revenues therefrom.

(4)  Financing agreement includes a lease, sublease, installment purchase

agreement, rental agreement, option to purchase, or any other agreement, or any combination thereof, entered into in connection with the financing or refinancing of a project pursuant to this article.

(5)  Mortgage means a deed of trust or any other security device for both

real and personal property.

(6)  Municipality means any city, including without limitation any city or city

and county operating under a home rule or special legislative charter, or town within this state.

(7)  Ordinance means an ordinance of a city, town, or city and county.


(8)  Pollution means any form of environmental pollution, including but not

limited to water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution.

(9)  Pollution control facilities means any land, building, or other

improvement and all real or personal property, and any undivided or other interest in any of the foregoing, including without limitation structures, equipment, pipes, pumps, dams, reservoirs, improvements, or other facilities useful for the purpose of reducing, abating, preventing, controlling, or eliminating pollution caused or produced by the operation of any manufacturing, industrial, or commercial enterprise or any utility plant or useful for the purpose of removing or treating any substance in processed material, which material would cause pollution if used without such removal or treatment.

(10)  Project means any land, building, or other improvement and all real or

personal properties, and any undivided or other interest in any of the foregoing, except inventories and raw materials, whether or not in existence, suitable or used for or in connection with any of the following:

(a)  Manufacturing, industrial, commercial, agricultural, or business

enterprises (including, without limitation, enterprises engaged in storing, warehousing, distributing, selling, or transporting any products of agriculture, industry, commerce, manufacturing, or business), or any utility plant;

(b)  Hospital, health-care, or nursing-home facilities (including, without

limitation, clinics and out-patient facilities and facilities for the training of hospital, health-care, or nursing-home personnel);

(c)  Pollution control facilities;


(d)  Residential facilities for low- and middle-income families or persons

intended for use as the sole place of residence by the owners or intended occupants. Low- and middle-income persons and families means persons and families determined by a county or municipality (which determination shall be conclusive) to lack the financial ability to pay prices or rentals sufficient to induce private enterprise in such county or municipality to build a sufficient supply of adequate, safe, and sanitary dwellings without the special assistance afforded by this article.

(e)  Sewage or solid waste disposal facilities;


(f)  Facilities for the furnishing and storage of water;


(g)  Facilities for the furnishing of energy or gas;


(h)  Sports and recreational facilities available for use by members of the

general public either as participants or spectators and functionally related and subordinate residential housing facilities, including residential facilities, without regard to the limitations contained in paragraph (d) of this subsection (10), for employees of the persons or entities owning or operating such sports and recreational facilities and facilities located in proximity to and in connection with sports and recreational facilities providing treatment, therapy, or recreational opportunities for persons with mental and physical disabilities and families of such persons;

(i)  Convention or trade show facilities;


(j)  Airports, facilities for the loading or unloading of unprocessed agricultural

products or raw materials, mass commuting facilities, railroad facilities, parking facilities, or storage or training facilities directly related to any of the foregoing;

(k)  Research, product-testing, and administrative facilities;


(l)  Facilities for private and not-for-profit institutions of higher education;

and

(m)  Capital improvements to existing single-family residential, multi-family

residential, commercial, or industrial structures, to retrofit such structures for significant energy savings or installation of solar or other alternative electrical energy-producing improvements to serve that structure or other structures on contiguous property under common ownership or installation of a system that uses geothermal energy for water heating or space heating or cooling in a single structure.

(10.5)  Refinance or refinancing means the issuing of bonds by a county or

municipality and the use of all or substantially all of the proceeds therefrom pursuant to a financing agreement with the user to liquidate any obligations previously incurred to finance or aid in financing of a project specified in paragraphs (b) to (l) of subsection (10) of this section which would constitute such a project had it been originally undertaken and financed by a county or municipality pursuant to this article. Title to or in the project may remain at all times in the user, and in such case, the bonds of the county or municipality may be secured by mortgage or other lien upon the project granted by the owner or by a pledge of one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the user, as the governing body deems advisable.

(11)  Resolution means a resolution of a county.


(12)  State means the state of Colorado.


(13)  User means one or more persons who enter into a financing agreement

with any county or municipality relating to a project; except that the user need not be the person actually occupying, operating, or maintaining the project.

(14)  Utility plant means any facility used for or in connection with the

generation, production, transmission, or distribution of electricity; the production, manufacture, storage, or distribution of gas; the transportation or conveyance of gas, oil, or other fluid substance by pipeline; or the diverting, developing, pumping, impounding, distributing, or furnishing of water.

Source: L. 67: p. 671, � 2. C.R.S. 1963: � 36-24-2. L. 73: p. 475, � 2. L. 74: (8)

amended, p. 229, �1, effective February 7; (10) and (11) amended, p. 408, � 23, effective April 11. L. 75: (3), (10), and (13) amended, p. 967, �� 2, 3, effective July 14. L. 77: (4), (10)(j), and (10)(k) amended and (10.5) added, p. 1409, �� 2, 3, effective June 20. L. 81: (10)(h) amended, p. 1409, � 1, effective May 27. L. 93: (10)(h) amended, p. 1669, � 83, effective July 1. L. 2003: IP(10), (10)(f), and (10)(l) amended, p. 726, � 2, effective July 1. L. 2008: (10)(k) and (10)(l) amended and (10)(m) added, p. 1293, � 4, effective May 27. L. 2009: (10)(m) amended, (SB 09-051), ch. 157, p. 677, � 9, effective September 1. L. 2022: IP and (10)(m) amended, (SB 22-118), ch. 335, p. 2370, � 4, effective August 10.

Cross references: In 2009, subsection (10)(m) was amended by the

Renewable Energy Financing Act of 2009. For the short title and the legislative declaration, see sections 1 and 2 of chapter 157, Session Laws of Colorado 2009.

C.R.S. § 30-11-107.3

30-11-107.3. Incentives for installation of renewable energy fixtures - definitions. (1) Notwithstanding any law to the contrary, any county may offer an incentive, in the form of a county property tax or sales tax credit or rebate, to a residential or commercial property owner who installs a renewable energy fixture on his or her residential or commercial property.

(2)  For purposes of this section, unless the context otherwise requires:


(a)  County means any county or city and county.


(b)  Renewable energy fixture means any fixture, product, system, device,

or interacting group of devices installed behind the meter of any residential or commercial building that produces energy from renewable resources, including, but not limited to, photovoltaic systems, solar thermal systems, small wind systems, biomass systems, or geothermal systems.

Source: L. 2007: Entire section added, p. 488, � 2, effective August 3. L.

2008: (2)(b) amended, p. 1294, � 6, effective May 27.

Cross references: In 2007, this section was added by the Renewable Energy

Incentives Act. For the short title, see section 1 of chapter 130, Session Laws of Colorado 2007.

C.R.S. § 30-20-1202

30-20-1202. Definitions. As used in this part 12, unless the context otherwise requires:

(1)  Board means the board of county commissioners of a county or a city

and county.

(2)  Clean energy means energy derived from biomass, as defined in section

40-2-124 (1)(a)(I); geothermal energy; solar energy; small hydroelectricity; nuclear energy, including nuclear energy projects awarded funding through the United States department of energy's advanced nuclear reactor programs; wind energy; and hydrogen derived from the other energy sources listed in this subsection (2).

(3)  Cooperative electric association shall have the same meaning as set

forth in section 40-9.5-102, C.R.S.

(4)  Eligible applicant means an individual property owner or a group of

property owners that do not own the entirety of a cooperative electric association and that seek to construct, expand, or upgrade an eligible clean energy project located or to be located on the applicant's property.

(5)  Eligible clean energy project means a project owned by an eligible

applicant that produces or transmits clean energy for public benefit only, has a nameplate rating of no more than fifty megawatts and is not a part of a larger project with a nameplate rating of more than fifty megawatts, and is located within the certificated service area of a cooperative electric association. Eligible clean energy project includes transmission lines to the point of entry to the power grid of a cooperative electric association, a generation and transmission electric corporation or association, or any federal agency and any other equipment or facility, including, but not limited to, substation upgrades needed to deliver the clean energy produced by an eligible clean energy project to a market.

Source: L. 2008: Entire part added, p. 1315, � 3, effective May 27. L. 2025: (2)

amended, (HB 25-1040), ch. 45, p. 209, � 2, effective August 6.

Cross references: For the legislative declaration in HB 25-1040, see section 1

of chapter 45, Session Laws of Colorado 2025.

C.R.S. § 30-20-602

30-20-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1)  Assessment unit means an area within a district which is separately

defined for determining assessments payable pursuant to this part 6.

(1.5)  Board means:


(a)  The board of county commissioners of a county or city and county.


(b)  Repealed.


(1.7) and (1.8)  Repealed.


(2)  District means the geographical division of the county or counties

within which any local improvements are made or proposed, when so declared by resolution of the board. There may be noncontiguous parts or sections within the same county included in one district; except that, in a district in which a sales tax is levied, a noncontiguous part or section may only be included if the owners of any property within such part or section petitioned to be included in the district. No district shall include territory that is included in an undissolved district that was formed for the same type of improvement. Notwithstanding any other provision of this part 6 and except in the case of a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, no district in which a sales tax is levied pursuant to section 30-20-604.5 shall be formed that includes territory within a municipality, and any such district shall be as compact as possible. Except as provided in section 30-20-603 (11.5)(b)(I), no district that crosses county boundaries may be formed by intergovernmental agreement or otherwise.

(2.5)  Drainage facility means any land and improvements thereon, if any,

used for the conveyance of water runoff.

(2.7) (a)  Elector of the district means a person who, at the designated time

or event, is registered to vote in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and:

(I)  Who is a resident of the district or the area to be included in the district; or


(II)  Who or whose spouse or civil union partner owns taxable real or personal

property within the district or the area to be included in the district whether or not said person resides within the district.

(b)  Where the owner of taxable real or personal property specified in

subparagraph (II) of paragraph (a) of this subsection (2.7) is not a natural person, an elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner.

(2.8)  Energy efficiency improvement means an installation or modification

that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems,

additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c)  Automatic energy control systems;


(d)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(e)  Caulking and weatherstripping;


(f)  Replacement or modification of lighting fixtures to increase the energy

efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(g)  Energy recovery systems;


(h)  Daylighting systems; and


(i)  Any other modification, installation, or remodeling approved as a utility

cost-savings measure by the board.

(2.9)  Informational products and materials means any marketing or

advertising device used to promote the general development of business within a district, but does not include any marketing or advertising device used to promote a single store or company.

(3)  Owner means the person holding record fee title to real property;

except that a person obligated to pay general taxes under a contract to purchase real property shall be considered the owner thereof for the purposes of this part 6, and in such case any other person holding record fee title to such property shall not be considered the owner thereof.

(4)  Property means all land, whether platted or unplatted, regardless of

improvements thereon and regardless of lot or land lines. Lots may be designated in accordance with any recorded map or plat thereof and unplatted lands by any definite description.

(4.3)  Qualified community location means:


(a)  If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:


(I)  Is wholly owned, through either an undivided or a fractional interest, by

the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement;

(II)  Provides energy as a direct credit on the owner's utility bill; and


(III)  Is an encumbrance on the property specifically benefited;


(b)  If the affected local electric utility is an investor-owned utility, a

community solar garden, as that term is defined in section 40-2-127 (2), or a community geothermal garden, as that term is defined in section 40-2-127.5 (2).

(4.5)  Registered elector means an elector, as defined in section 1-1-104 (12),

C.R.S., who has complied with the registration provisions of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and who resides within or is eligible to vote in the county.

(4.7) (a)  Renewable energy improvement means a fixture, product, system,

device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be included in the approval of the district by the board, and that either:

(I)  Is installed behind the meter of a residential or commercial building; or


(II)  Directly benefits a residential or commercial building through a qualified

community location.

(b)  No renewable energy improvement shall be authorized that interferes

with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 6 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in sections 40-2-124 (7) and 40-9.5-118, C.R.S. Primary jurisdiction to hear any disputes concerning whether a renewable energy improvement interferes with such a right shall lie:

(I)  In the case of a regulated utility, with the public utilities commission; and


(II)  In the case of a municipally owned utility, with the governing body of such

municipality.

(c)  Renewable energy improvement includes an improvement to the

efficiency of a traditional energy fixture.

(5)  Street means any road or other public thoroughfare.


(6)  Unincorporated area means any territory within a county which is not

within the boundaries of any municipality.

Source: L. 73: p. 483, � 1. C.R.S. 1963: � 36-30-2. L. 83: (1.5) added, p. 1235, �

2, effective June 3. L. 86: (1), (1.5), and (2) R&RE and (2.5) added, p. 1058, �� 25, 26, effective April 17. L. 87: (2) amended, p. 1210, � 2, effective May 7. L. 99: (2.7) and (4.5) added, p. 515, � 12, effective April 30. L. 2000: (1.5) and (2) amended and (1.7) and (1.8) added, p. 1989, � 2, effective August 2. L. 2002: (2.9) added, p. 335, � 1, effective April 19; (2.7) amended, p. 268, � 6, effective August 7. L. 2008: (2.8) and (4.7) added, p. 1295, � 9, effective May 27. L. 2010: (2) and (4.7) amended and (4.3) added, (SB 10-100), ch. 207, p. 899, � 1, effective May 5. L. 2012: (4.7)(c) added, (HB 12-1315), ch. 224, p. 975, � 37, effective July 1. L. 2013: (2) amended, (HB 13-1036), ch. 182, p. 669, � 1, effective August 7. L. 2014: (2.7)(a) amended, (HB 14-1164), ch. 2, p. 58, � 9, effective February 18. L. 2022: (4.3)(b) amended, (SB 22-118), ch. 335, p. 2379, � 13, effective August 10. L. 2023: (4.3)(b) amended, (HB 23-1301), ch. 303, p. 1839, � 71, effective August 7.

Editor's note: Subsection (1.5)(b)(II) provided for the repeal of subsection

(1.5)(b), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.8)(b) provided for the repeal of subsection (1.8), effective December 31, 2002. (See L. 2000, p. 1989.)

Cross references: (1)  For definitions applicable to this part 6, see � 30-26-301 (2)(d).


(2)  For the legislative declaration in HB 14-1164, see section 1 of chapter 2,

Session Laws of Colorado 2014.

C.R.S. § 30-28-106

30-28-106. Master plan - definitions. (1) It is the duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county, subject to the approval of the county commission having jurisdiction thereof. When a county planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the county in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.

(2) (a)  It is the duty of a regional planning commission to make and adopt a

regional plan for the physical development of the territory within the boundaries of the region, but no such plan shall be effective within the boundaries of any incorporated municipality within the region unless such plan is adopted by the governing body of the municipality for the development of its territorial limits and under the terms of paragraph (b) of this subsection (2). When a regional planning commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the region in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan.

(b)  Any plan adopted by a regional planning commission shall not be deemed

an official advisory plan of any municipality or county unless adopted by the planning commission of such municipality or county.

(3) (a)  The master plan of a county or region, with the accompanying maps,

plats, charts, and descriptive and explanatory matter, must show the county or regional planning commission's recommendations for the development of the territory covered by the master plan. The master plan of a county or region is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the county's or region's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes, as appropriate.

(a.3) (I)  The county or regional planning commission shall follow the

procedures in section 24-32-3209. For purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h).

(II)  In adopting or amending a master plan, the county or regional planning

commission shall consider the following, where applicable or appropriate, and any other information deemed relevant by the county or regional planning commission:

(A)  The applicable housing needs assessments published pursuant to

sections 24-32-3702 (1)(b), 24-32-3703, and 24-32-3704;

(B)  The statewide strategic growth report created pursuant to section 24-32-3707;


(C)  The natural land and agricultural opportunities report published pursuant

to section 24-32-3708; and

(D)  The Colorado water plan adopted pursuant to section 37-60-106.3.


(a.5)  The master plan must include:


(I)  A narrative description of the procedure used for the development and

adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions as defined in section 24-32-3209 (1)(h) and a description of the resolution or outcome of the objections;

(II) (A)  A water supply element developed in consultation with entities that

supply water for use within the county or region to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities.

(B)  The water supply element must estimate a range of water supplies and

facilities needed to support the potential public and private development described in the master plan, and include water conservation policies, to be determined by the county or local governments within a region, which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, for subdivisions, planned unit developments, special use permits, and zoning changes.

(C)  A county or region with a master plan that includes a water supply

element shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025.

(D)  Nothing in this subsection (3)(a.5)(II) supersedes, abrogates, or otherwise

impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility.

(E)  The department of local affairs may hire and employ one full-time

employee to provide educational resources and assistance to a county or region that includes water conservation policies in the water supply elements of master plans as required by this subsection (3)(a.5)(II).

(III)  A strategic growth element that integrates elements of the master plan

to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the demonstrated housing needs of the county or region and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include:

(A)  A description of existing and potential policies and tools to promote

strategic growth and prevent sprawl;

(B)  An analysis of vacant and underutilized sites that identifies vacant,

partially vacant, and underutilized land near existing or planned transit or job centers that could be used for infill development, redevelopment, and new development of housing; assesses the general feasibility of the development or redevelopment of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; describes the public benefits of the development or redevelopment of such sites to the county or region as an alternative to the development of previously undeveloped natural or agricultural land; and, in a manner that is consistent with the master plan, designates such sites for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the demonstrated housing needs of the county or region at all income levels; and

(C)  An analysis of undeveloped sites that identifies previously undeveloped

parcels that are not adjacent to developed land, including existing natural and agricultural land, under consideration for future development, and, for a county or region in a metropolitan planning organization established under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census; assesses the general feasibility of the development of such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and describes the long-term fiscal impact to the county or region of the construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites;

(IV)  The most recent housing action plan or plans adopted by the county or

municipalities within the region pursuant to section 24-32-3705; and

(V)  For a master plan by a regional planning commission, the most recent

version of the master plan required by section 31-12-105 (1)(e) by each municipality that is part of the regional planning commission and a description of how each jurisdiction will integrate that plan into the master plan.

(a.7) (I)  A county or region with a master plan shall ensure that its master

plan includes a water supply element and a strategic growth element as required by subsection (3)(a.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a county or region adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (3)(a.5) of this section. The county or region must update the water supply element and strategic growth element no less frequently than every five years.

(II)  A county or region with a master plan is not required to include a

strategic growth element, if the county or region has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either:

(A)  Has a population of twenty thousand or less in the county's

unincorporated territory and has experienced negative population change in the most recent decennial census; or

(B)  Has a population of five thousand or less in the county's unincorporated

territory.

(a.9)  The master plan may include, where applicable or appropriate:


(I)  The general location, character, and extent of existing, proposed, or

projected streets or roads, rights-of-way, viaducts, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the county or region and that the county or region has received notification of or, if the county or region is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the county or region has received notification of and that applies to the county or region;

(II)  The general location of public places or facilities, including public

schools; culturally, historically, or archaeologically significant buildings, sites, and objects; playgrounds, forests, reservations, squares, parks, airports, aviation fields, military installations; and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, military installation has the same meaning as specified in section 29-20-105.6 (2)(b).

(III)  The general location and extent of public utilities, terminals, capital

facilities, and transfer facilities, whether publicly or privately owned, for water, light, power, sanitation, transportation, communication, heat, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities;

(IV)  The acceptance, widening, removal, extension, relocation, narrowing,

vacation, abandonment, modification, or change of use of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other counties, regions, or municipalities, grounds, open spaces, buildings, properties, utilities, or terminals referred to in subsections (3)(a.5)(II)(C), (3)(a.9)(I), (3)(a.9)(II), and (3)(a.9)(III) of this section;

(V)  Methods for assuring access to appropriate conditions for solar, wind, or

other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation;

(VI)  The general character, location, and extent of community centers,

townsites, housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the county or region; and urban conservation or redevelopment areas. If a county or region has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan.

(VII)  The general location and extent of forests, agricultural areas, flood

control areas, and open development areas for purposes of conservation, food and water supply, sanitary and drainage facilities, flood control, or the protection of urban development;

(VIII)  A land classification and utilization program;


(IX)  Projections of population change and housing needs to accommodate

the projected population for specified increments of time. The county or region may base these projections upon data from the department of local affairs and upon the county's or region's local objectives.

(X)  The location of areas containing steep slopes, geological hazards,

endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance:

(A)  The Colorado geological survey for defining and mapping geological

hazards;

(B)  The United States fish and wildlife service of the United States

department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species;

(C)  The United States army corps of engineers and the United States fish and

wildlife service national wetlands inventory for defining and mapping wetlands;

(D)  The federal emergency management agency for defining and mapping

floodplains, floodways, and flood risk zones;

(E)  The natural resources conservation service of the United States

department of agriculture for defining and mapping unstable soils and highly erodible land; and

(F)  The Colorado state forest service for locating wildfire hazard areas.


(b)  Any master plan of a county or region which includes mass transportation

shall be coordinated with that of any adjacent county, region, or other political subdivision, as the case may be, to eliminate conflicts or inconsistencies and to assure the compatibility of such plans and their implementation pursuant to this section and sections 30-11-101, 30-25-202, and 30-26-301.

(c)  The master plan of a county or region shall also include a master plan for

the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.

(d)  The master plan of a county or region may also include plans for the

development of drainage basins in all or portions of the county or region. When county subdivision regulations require the payment of drainage fees, as provided in section 30-28-133 (11), the master plan shall include the plan for the development of drainage basins.

(e)  In creating the master plan of a county or region, the county or regional

planning commission may take into consideration the availability of affordable housing within the county or region. Counties are encouraged to examine any regulatory impediments to the development of affordable housing.

(f)  (Deleted by amendment, L. 2007, p. 612, � 1, effective August 3, 2007.)


(g)  The master plan of a county or region may include designated utility

corridors to facilitate the provision of utilities to all developments in the county or region.

(4) (a)  Each county that has not already adopted a master plan and that

meets one of the following descriptions shall adopt a master plan within two years after January 8, 2002:

(I)  Each county or city and county that has a population equal to or greater

than ten thousand and the population of which has demonstrated an increase of either:

(A)  Ten percent or more during the calendar years 1994 to 1999; or


(B)  Ten percent or more during any five-year period ending in 2000 or any

subsequent year;

(II)  Each county or city and county that has a population of one hundred

thousand or more.

(b)  To the extent the county does not meet a description specified in

subparagraph (I) or (II) of paragraph (a) of this subsection (4), the counties of Clear Creek, Gilpin, Morgan, and Pitkin shall adopt a master plan within two years after January 8, 2002.

(c)  The department of local affairs shall annually determine, based on the

population statistics maintained by said department, whether a county is subject to the requirements of this subsection (4), and shall notify any county that is newly identified as being subject to said requirements. Any such county shall have two years following receipt of notification from the department to adopt a master plan.

(d)  Once a county is identified as being subject to the requirements of this

subsection (4), the county shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet any of the descriptions in paragraph (a) of this subsection (4).

(5)  A master plan adopted in accordance with the requirements of

subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the county shall indicate how it intends to provide for the recreational and tourism needs of residents of the county and visitors to the county through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses.

(6)  The master plan of any county adopted or amended in accordance with

the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable.

(7)  Notwithstanding any other provision of this section, no master plan

originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the county pursuant to section 34-1-304, C.R.S.

(8)  A county or regional planning commission shall submit the master plan

and any separately approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.

(9) (a)  As used in this subsection (9):


(I)  Equestrian has the meaning set forth in section 31-23-206 (9)(a)(I).


(II)  Equestrian zone means an area that a county determines is suburban or

urban and contains:

(A)  An equestrian fairground, public equestrian riding arena, public

equestrian center, or public riding trail;

(B)  An equestrian-centric residential neighborhood where equestrians

regularly ride and that was zoned in such a manner as to allow housing privately owned equines but is now being developed for primarily residential use or that is zoned in such a manner as to allow housing privately owned equines;

(C)  A keystone property; or


(D)  Roads or trails that equestrians use and that are related to an area

described in subsections (9)(a)(II)(A) to (9)(a)(II)(C) of this section.

(III)  Keystone property means a property that has at least one of the

following equestrian facilities:

(A)  Boarding facilities that provide housing for equines, training for

equestrians, or equine service and education programs;

(B)  Equine stables that facilitate animal welfare rescue programs or equine

therapy programs;

(C)  Breeding facilities for equines; or


(D)  Nonpublic equestrian venues that provide services to the equestrian

community.

(IV)  Suburban or urban means the population and traffic density are

sufficient to cause significant and regular interactions between equestrians and motor vehicles or other residents.

(b)  A county planning commission may identify and show on the master plan

the location of and character of existing or proposed equestrian infrastructure, venues, and equestrian zones.

(c)  A county may organize public events to educate the public about

equestrian use of recreational trails and roads and the duties of users of trails and roads with regard to equestrian users. A county may partner with local horse advocacy groups to educate the public about these matters or to hold the public events.

Source: L. 39: p. 296, � 5. CSA: C. 45A, � 5. CRS 53: � 106-2-5. L. 59: p. 618, �

1. C.R.S. 1963: � 106-2-5. L. 66: p. 41, � 4. L. 73: pp. 467, 1054, �� 4, 17. L. 79: (3)(a) amended, p. 1159, � 1, effective May 25. L. 83: (3)(d) added, p. 1236, � 4, effective April 23. L. 97: (3)(e) to (3)(g) added, p. 414, � 1, effective April 24. L. 2000: (1), (2)(a), and (3)(a) amended, p. 869, � 1, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 21, � 1, effective January 8, 2002. L. 2002: (5) amended, p. 1036, � 83, effective June 1. L. 2005: (6) added, p. 223, � 2, effective August 8. L. 2007: IP(3)(a) and (3)(f) amended and (7) added, p. 612, � 1, effective August 3. L. 2010: (3)(a)(II) and (6) amended, (HB 10-1205), ch. 242, p. 1078, � 2, effective August 11. L. 2012: IP(3)(a) and (3)(a)(XI)(B) amended, (HB 12-1317), ch. 248, p. 1205, � 12, effective June

2. L. 2020: IP(3)(a) and (3)(a)(IV) amended, (HB 20-1095), ch. 82, p. 331, � 1, effective September 14. L. 2022: (3)(a)(VI) amended, (SB 22-118), ch. 335, p. 2371, � 5, effective August 10. L. 2024: (1) amended, (3)(a) R&RE, and (3)(a.3), (3)(a.5), (3)(a.7), (3)(a.9), and (8) added, (SB 24-174), ch. 290, p. 1964, � 2, effective May 30. L. 2025: (9) added, (SB 25-149), ch. 266, p. 1374, � 4, effective August 6.

   Editor's note: Section 11 of chapter 266 (SB 25-149), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after August 6, 2025.

   Cross references: For the legislative declaration in SB 25-149, see section 1 of chapter 266, Session Laws of Colorado 2025.

C.R.S. § 30-28-111

30-28-111. Zoning plan. (1) The county planning commission of any county may, and upon order by the board of county commissioners in any county having a county planning commission shall, make a zoning plan for zoning all or any part of the unincorporated territory within such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk, and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts, and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, access to sunlight for solar energy devices, and the uses of land for trade, industry, recreation, or other purposes. To the end that adequate safety may be secured, the county planning commission may include in said zoning plan provisions establishing, regulating, and limiting such uses on or along any storm or floodwater runoff channel or basin as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters.

(2)  The county planning commission or the board of adjustment of any

county, in the exercise of powers pursuant to this article, may condition any portion of a zoning resolution, any amendment thereto, or any exception to the terms thereof upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board.

Source: L. 39: p. 299, � 10. CSA: C. 45A � 10. CRS 53: � 106-2-10. C.R.S. 1963:

� 106-2-10. L. 66: p. 42, � 5. L. 79: (1) amended, p. 1160, � 3, effective May 25.

C.R.S. § 30-28-113

30-28-113. Regulation of size and use - districts - definitions - repeal. (1) (a) Except as otherwise provided in section 34-1-305, C.R.S., when the county planning commission of any county makes, adopts, and certifies to the board of county commissioners plans for zoning the unincorporated territory within any county, or any part thereof, including both the full text of a zoning resolution and the maps, after public hearing thereon, the board of county commissioners, by resolution, may regulate, in any portions of such county that lie outside of cities and towns:

(I)  The location, height, bulk, and size of buildings and other structures;


(II)  The percentage of lots that may be occupied;


(III)  The size of yards, courts, and other open spaces;


(IV)  The uses of buildings and structures for trade, industry, residence,

recreation, public activities, or other purposes;

(V)  Access to sunlight for solar energy devices; and


(VI)  The uses of land for trade, industry, residence, recreation, or other

purposes and for flood control.

(b) (I)  In order to accomplish such regulation, the board of county

commissioners:

(A)  May divide the territory of the county that lies outside of cities and towns

into districts or zones of such number, shape, or area as it may determine, and, within such districts or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land; and

(B)  May require and provide for the issuance of building permits as a

condition precedent to the right to erect, construct, reconstruct, or alter any building or structure within any district covered by such zoning resolution.

(II) (A)  Except as otherwise provided in this section, the aggregate of all

charges or other related or associated fees a county shall impose or assess to install an active solar energy system or geothermal energy system shall not exceed the lesser of the county's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the county's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A county may increase its fees or other charges as authorized by this subsection (1)(b)(II) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (1)(b)(II) is achieved. The county shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (1)(b)(II) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (1)(b)(II) is a matter of statewide concern. This subsection (1)(b)(II) is repealed, effective December 31, 2029.

(B)  In the case of a nonresidential application, on an individual installation

basis only, if the county incurs actual costs for issuing the permit that are greater than one thousand dollars, the county is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the county's actual costs.

(C)  As used in this subsection (1)(b)(II), active solar energy system means a

single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(2)  The county planning commission may make and certify a single plan for

the entire unincorporated portion of the county or separate and successive plans for those parts which it deems to be urbanized or suitable for urban development and those parts which, by reason of distance from existing urban communities or for other causes, it deems suitable for nonurban development. Any resolution adopted by the board of county commissioners may cover and include the unincorporated territory covered and included in any such single plan or in any of such separate and successive plans. No resolution covering more or less than the territory covered by any such certified plan shall be adopted or put into effect until and unless it is first submitted to the county planning commission which certified the plan to the board of county commissioners and is approved by said commission or, if disapproved, receives the favorable vote of not less than a majority of the entire membership of such board. All such regulations shall be uniform for each class or kind of building or structure throughout any district, but the regulations in any one district may differ from those in other districts.

Source: L. 39: p. 300, � 12. CSA: C. 45A, � 12. CRS 53: � 106-2-12. C.R.S.

1963: � 106-2-12. L. 66: p. 43, � 6. L. 73: p. 1054, � 18. L. 79: (1) amended, p. 1160, � 4, effective January 1, 1980. L. 2008: (1) amended, p. 892, � 1, effective May 20. L. 2011: (1)(b)(II) amended, (HB 11-1199), ch. 311, p. 1518, � 2, effective June 10. L. 2017: (1)(b)(II) amended, (SB 17-179), ch. 170, p. 621, � 2, effective August 9. L. 2021: (1)(b)(II) amended, (HB 21-1284), ch. 327, p. 2090, � 3, effective September 7. L. 2022: (1)(b)(II)(A) and (1)(b)(II)(C) amended, (SB 22-118), ch. 335, p. 2371, � 6, effective August 10.

Cross references: (1)  In 2011, subsection (1)(b)(II) was amended by the Fair

Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2)  For the legislative declaration in HB 21-1284, see section 1 of chapter

327, Session Laws of Colorado 2021.

C.R.S. § 30-28-117

30-28-117. Board of adjustment. (1) The board of county commissioners of any county which enacts zoning regulations under the authority of this part 1 shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the planning commission. The board of county commissioners shall fix per diem compensation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the board of adjustment may be removed for cause by the board of county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments. The board of county commissioners may appoint associate members of such board, and, in the event that any regular member is temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary disability by an associate member designated for that purpose.

(2)  The board of county commissioners shall provide and specify in its zoning

or other resolutions general rules to govern the organization, procedure, and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this part 1. The board of adjustment may adopt supplemental rules of procedure not inconsistent with this part 1 or such general rules.

(3)  Any zoning resolution of the board of county commissioners may provide

that the board of adjustment, in appropriate cases and subject to appropriate principles, standards, rules, conditions, and safeguards set forth in the zoning resolution, may make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Where feasible, special exception may be made for the purpose of providing access to sunlight for solar energy devices. The board of county commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions, as they may arise in the administration of the zoning regulations.

(4)  Meetings of the board of adjustment shall be held at the call of the

chairman and at such other times as the board in its rules of procedure may specify. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by application to the district court. The court, upon proper showing, may issue subpoenas and enforce obedience by contempt proceedings. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(5)  The governing body of a county that has entered into an

intergovernmental agreement with a municipality located or partially located within that county for the purposes of joint participation in land use planning, subdivision procedures, and zoning pursuant to the authority granted in section 31-23-227 (2), C.R.S., may enter into an intergovernmental agreement with that municipality for the purpose of establishing a joint zoning board of adjustment for a specific area designated in the intergovernmental agreement.

Source: L. 39: p. 301, � 16. CSA: C. 45A, � 16. CRS 53: � 106-2-16. C.R.S. 1963:

� 106-2-16. L. 79: (3) amended, p. 1161, � 6, effective May 25. L. 98: (5) added, p. 689, � 1, effective May 18.

C.R.S. § 30-28-118

30-28-118. Appeals to board of adjustment. (1) (a) Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning resolution. Appeals to the board of adjustment may be taken by any officer, department, board, or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning resolution. The time within which such appeal shall be made, and the form or other procedure relating thereto, shall be as specified in the general rules provided by the board of county commissioners to govern the procedure of such board of adjustment or in the supplemental rules of procedure adopted by such board.

(b)  No such appeal to the board of adjustment shall be allowed for building

use violations that may be prosecuted pursuant to section 30-28-124 (1)(b).

(2)  Upon appeals the board of adjustment has the following powers:


(a)  To hear and decide appeals where it is alleged by the appellant that there

is error in any order, requirement, decision, or refusal made by an administrative official or agency based on or made in the enforcement of the zoning resolution;

(b)  To hear and decide, in accordance with the provisions of any such

resolution, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such resolution to pass;

(c)  Where, by reason of exceptional narrowness, shallowness, or shape of a

specific piece of property at the time of the enactment of the regulation or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this part 1 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. In determining whether difficulties to, or hardship upon, the owner of such property exist, as used in this paragraph (c), the adequacy of access to sunlight for solar energy devices installed on or after January 1, 1980, may properly be considered. Regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation.

(3)  The concurring vote of four members of the board in the case of a five-member board and of three members in the case of a three-member board shall be

necessary to reverse any order, requirement, decision, or determination of any such administrative official or agency or to decide in favor of the appellant.

Source: L. 39: p. 303, � 17. CSA: C. 45A, � 17. CRS 53: � 106-2-17. C.R.S.

1963: � 106-2-17. L. 77: (1) amended, p. 1458, � 2, effective June 9. L. 79: (2)(c) amended, p. 1161, � 7, effective May 25.

C.R.S. § 30-28-120

30-28-120. Existing structures - county property. (1) The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the adoption of a zoning resolution or, in the case of an amendment of a resolution, at the time of such amendment, may be continued, although such use does not conform with the provisions of such resolution or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension. The addition of a solar energy device or a device used as part of a system that uses geothermal energy for water heating or space heating or cooling to such building shall not necessarily be considered a structural alteration. The board of county commissioners may provide in any zoning resolution for the restoration, reconstruction, extension, or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning resolution.

(2)  If any county acquires title to any property by reason of tax delinquency

and such property is not redeemed as provided by law, the future use of such property shall be in conformity with the then provisions of the zoning resolution of the county, or with any amendment of such resolution, equally applicable to other like properties within the district in which the property acquired by the county is located.

Source: L. 39: p. 306, � 19. CSA: C. 45A, � 19. CRS 53: � 106-2-19. C.R.S.

1963: � 106-2-19. L. 79: (1) amended, p. 1162, � 8, effective May 25. L. 2003: (1) amended, p. 2667, � 3, effective June 6. L. 2022: (1) amended, (SB 22-118), ch. 335, p. 2372, � 7, effective August 10.

Cross references: For the legislative declaration contained in the 2003 act

amending subsection (1), see section 1 of chapter 420, Session Laws of Colorado 2003.

C.R.S. § 30-28-133

30-28-133. Subdivision regulations. (1) Every county in the state that does not have a county planning commission on July 1, 1971, shall create a county planning commission in accordance with the provisions of section 30-28-103. Every county planning commission in the state shall develop, propose, and recommend subdivision regulations, and the board of county commissioners shall adopt and enforce subdivision regulations for all land within the unincorporated areas of the county in accordance with this section not later than September 1, 1972. Before finally adopting any subdivision regulations, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county. Before adopting any such subdivision regulations, the board of county commissioners may revise, alter, or amend any such subdivision regulations developed, proposed, or recommended by the county planning commission. Such subdivision regulations shall be in full force and effect and enforced by the board of county commissioners.

(2)  Prior to the adoption of the regulations referred to in this section, a public

hearing shall be held thereupon in the county in which said territory or any part thereof is situated. A copy of such regulations shall be filed with the county clerk and recorder of the county in which said territory is situated.

(3)  Subdivision regulations adopted by a board of county commissioners

pursuant to this section shall require subdividers to submit to the board of county commissioners data, surveys, analyses, studies, plans, and designs, in the form prescribed by the board of county commissioners, of the following items:

(a)  Property survey and ownership of the surface and mineral estates

including mineral lessees, if any;

(b)  Relevant site characteristics and analyses applicable to the proposed

subdivision including the following, which shall be submitted by the subdivider with the sketch plan:

(I)  Reports concerning streams, lakes, topography, and vegetation;


(II)  Reports concerning geologic characteristics of the area significantly

affecting the land use and determining the impact of such characteristics on the proposed subdivision;

(III)  In areas of potential radiation hazard to the proposed future land use,

evaluations of these potential radiation hazards;

(IV)  Maps and tables concerning suitability of types of soil in the proposed

subdivision, in accordance with any standard soil classifications and procedures therefor, for the proposed use;

(c)  A plat and other documentation showing the layout or plan of

development, including, where applicable, the following information:

(I)  Total development area;


(II)  Total number of proposed dwelling units;


(III)  Total number of square feet of proposed nonresidential floor space;


(IV)  Total number of proposed off-street parking spaces, excluding those

associated with single-family residential development;

(V)  Estimated total number of gallons per day of water system requirements

where a distribution system is proposed;

(VI)  Estimated total number of gallons per day of sewage to be treated

where a central sewage treatment facility is proposed or sewage disposal means and suitability where no central sewage treatment facility is proposed;

(VII)  Estimated construction cost and proposed method of financing of the

streets and related facilities, water distribution system, sewage collection system, storm drainage facilities, and such other utilities as may be required of the developer by the county;

(VIII)  Maps and plans for facilities to prevent storm waters in excess of

historic runoff, caused by the proposed subdivision, from entering, damaging, or being carried by conduits, water supply ditches and appurtenant structures, and other storm drainage facilities;

(d)  Adequate evidence that a water supply that is sufficient in terms of

quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. Such evidence may include, but shall not be limited to:

(I)  Evidence of ownership or right of acquisition of or use of existing and

proposed water rights;

(II)  Historic use and estimated yield of claimed water rights;


(III)  Amenability of existing rights to a change in use;


(IV)  Evidence that public or private water owners can and will supply water

to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area;

(V)  Evidence concerning the potability of the proposed water supply for the

subdivision.

(e)  Evidence that provision has been made for facility sites, easements, and

rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for the proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.

(4)  Subdivision regulations adopted by the board of county commissioners

pursuant to this section shall also include, as a minimum, provisions governing the following matters:

(a)  Sites and land areas for schools and parks when such are reasonably

necessary to serve the proposed subdivision and the future residents thereof. Such provisions may include:

(I)  Reservation of such sites and land areas, for acquisition by the county;


(II)  Dedication of the sites and land areas to the county, to a school district,

or to the public or, in lieu thereof, payment of a sum of money not exceeding the fair market value of the sites and land areas or a combination of such dedication and such payment; except that the value of the combination shall not exceed the fair market value of the sites and land areas. Any sums, when required, or moneys to be paid to the board of county commissioners pursuant to this paragraph (a) may, if approved by the board of county commissioners, be paid directly to a school district. If the sites and land areas are dedicated to the county, to a school district, or the public, the board of county commissioners may, at the request of the affected entity, sell the land. The subdivider shall have a right of first refusal to purchase all or a portion of any land dedicated by the subdivider to a county, school district, or other public entity pursuant to this subparagraph (II) before the land is sold, transferred, or conveyed to any party other than a school district. Prior to selling or otherwise transferring ownership of the land, the county, school district, or other public entity selling the land shall provide written notice to the subdivider of its intention to sell or transfer ownership of all or any portion of the land. The subdivider shall then have sixty days to provide written notice to the county, school district, or other public entity of the subdivider's interest in purchasing all or a portion of the land to be sold. The purchase of the land by the subdivider shall be upon such terms and conditions and for such consideration as the parties may mutually agree; however, in no event shall the purchase price exceed the fair market value of the land at the time the subdivider dedicated the land to the county, school district, or other public entity. Any right of first refusal created pursuant to this subparagraph (II) shall expire twenty years from the date the land was dedicated by the subdivider to a county, school district, or other public entity. Except as provided in subsection (4.3) of this section, any such sums, when required, or moneys paid to the board of county commissioners from the sale of the dedicated sites and land areas shall be held by the board of county commissioners:

(A)  For the acquisition of reasonably necessary sites and land areas or for

other capital outlay purposes for schools or parks;

(B)  For the development of the sites and land areas for park purposes; or


(C)  For growth-related planning functions by school districts for educational

purposes;

(III)  Dedication of such sites and land areas for the use and benefit of the

owners and future owners in the proposed subdivision;

(b)  Standards and technical procedures applicable to storm drainage plans

and related designs, in order to ensure proper drainage ways, which may require, in the opinion of the board of county commissioners, detention facilities which may be dedicated to the county or the public, as are deemed necessary to control, as nearly as possible, storm waters generated exclusively within a subdivision from a one hundred year storm which are in excess of the historic runoff volume of storm water from the same land area in its undeveloped and unimproved condition;

(c)  Standards and technical procedures applicable to sanitary sewer plans

and designs, including soil percolation testing and required percolation rates and site design standards for on-lot sewage disposal systems when applicable;

(d)  Standards and technical procedures applicable to water systems.


(4.3)  After final approval of a subdivision plan or plat and receipt of

dedications of sites and land areas or payments in lieu thereof required pursuant to subparagraph (II) of paragraph (a) of subsection (4) of this section, the board of county commissioners shall give written notification to the appropriate school districts and local government entities. Following such notice, a school district or local government entity may request periodic transfer on no longer than an annual basis of such land or moneys to the district or entity. When a board of county commissioners determines that the school district or local government entity has demonstrated a need for the land or moneys based on a long-range capital plan or evidence of the impact of the subdivision on the district or entity, or both, it shall periodically transfer on no longer than an annual basis the land or moneys to the appropriate school district or local government entity. The district or entity shall use the transferred land or moneys only for a purpose authorized by sub-subparagraphs (A) to (C) of subparagraph (II) of paragraph (a) of subsection (4) of this section. Any moneys received by the board of county commissioners that are transferred pursuant to this subsection (4.3) are not county revenues for purposes of paragraph (d) of subsection (7) of section 20 of article X of the state constitution.

(4.5)  Subdivision regulations adopted by a board of county commissioners

may provide for the protection and assurance of access to sunlight for solar energy devices by considering the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.

(5)  No subdivision shall be approved under section 30-28-110 (3) and (4) until

such data, surveys, analyses, studies, plans, and designs as may be required by this section and by the county planning commission or the board of county commissioners have been submitted, reviewed, and found to meet all sound planning and engineering requirements of the county contained in its subdivision regulations.

(6)  No board of county commissioners shall approve any preliminary plan or

final plat for any subdivision located within the county unless the subdivider has provided the following materials as part of the preliminary plan or final plat subdivision submission:

(a)  Evidence to establish that definite provision has been made for a water

supply that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed;

(b)  Evidence to establish that, if a public sewage disposal system is

proposed, provision has been made for such system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the preliminary plan or final plat;

(c)  Evidence to show that all areas of the proposed subdivision which may

involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions.

(7) and (8)  (Deleted by amendment, L. 2005, p. 668, � 6, effective June 1,

2005.)

(9)  The subdivision regulations adopted under this section may provide that,

without a hearing or compliance with any of the submission, referral, or review requirements in this section and section 30-28-136, the board of county commissioners may approve a correction plat if the sole purpose of such correction plat is to correct one or more technical errors in an approved plat and where such correction plat is consistent with an approved preliminary plan. However, if the technical error or errors of an approved plat meet the description of any errors under section 38-51-111 (2), C.R.S., a surveyor's affidavit of correction, as defined in section 38-51-102, C.R.S., shall be prepared in lieu of a correction plat.

(10)  It is recognized that surface and mineral estates are separate and

distinct interests in land and that one may be severed from the other and that the owners of subsurface mineral interests and their lessees, if any, are entitled to the notice specified in section 24-65.5-103, C.R.S., and shall be recognized by the commission as having the same rights and privileges as surface owners.

(11)  The subdivision regulations adopted under this section may provide for

the payment of a sum of money or proof of a line of credit or other fees in connection with a subdivision on a per-acre basis, to represent an equitable contribution to the total costs of the drainage facilities in the drainage basin in which the subdivision is located. The subdivision regulations shall provide for the repayment to a subdivider, from any surplus basin funds available, of any costs he incurs because of compliance with the plans for the development of drainage basins in excess of the sum of the drainage fees assessed against his acreage. When the subdivision regulations require such payment, a plan for the development of drainage basins shall be adopted pursuant to section 30-28-106 (3)(d). The provisions of this section shall not apply to any area which is within an existing drainage district organized or created pursuant to law without the approval of such district.

(12)  The subdivision regulations adopted under this section may provide that

a subdivider is entitled to fair-share reimbursement of the cost of any streets and related facilities, water distribution systems, sewage collection systems, storm drainage facilities, and other improvements the county requires the subdivider to construct adjacent to or outside the subdivision. Any such reimbursable costs shall be paid to the subdivider, less any reimbursement by the county, by the owner or owners of property that is adjacent to or has presumed use of the improvements when that property is developed. Subdivision regulations providing for such reimbursement shall prescribe the period, not to exceed fifteen years from the date of completion of an improvement, during which a subdivider may seek reimbursement. Subdivision regulations providing for such reimbursement may entitle subdividers to interest on the amount to be reimbursed.

Source: L. 61: p. 592, � 2. CRS 53: � 106-2-35. C.R.S. 1963: � 106-2-34. L. 67:

p. 110, � 1. L. 71: p. 1055, �� 1, 2. L. 72: p. 501, �� 6, 7. L. 73: p. 1085, �� 1, 2. L. 75: (3)(b)(IV) amended, p. 1001, � 1, effective July 14. L. 77: (9) added, p. 1453, � 2, effective May 24. L. 79: (3)(a) amended and (10) added, p. 1167, �� 1, 2, effective July 1; (4)(a)(II) amended, p. 1169, � 1, effective July 1; (4.5) added, p. 1162, � 9, effective January 1, 1980. L. 83: (11) added, p. 1236, � 5, effective July 1. L. 84: (4)(a)(II) amended, p. 826, � 1, effective April 14; (4)(a)(II) amended and (4.3) added, p. 827, � 1, effective April 30. L. 92: (1) amended, p. 966, � 6, effective June 1. L. 96: (4)(a)(II) and (4.3) amended, p. 979, � 1, effective May 23. L. 2000: (3)(e) added, p. 1618, � 1, effective July 1. L. 2001: (10) amended, p. 490, � 4, effective July 1; (12) added, p. 242, � 1, effective August 8. L. 2005: (1), (2), (7), and (8) amended, p. 668, � 6, effective June 1. L. 2007: (10) amended, p. 2121, � 7, effective August 3. L. 2010: (9) amended, (HB 10-1085), ch. 95, p. 325, � 6, effective August 11.

Editor's note: Amendments to subsection (4)(a)(II) by House Bill 84-1087 and

House Bill 84-1189 were harmonized.

C.R.S. § 30-28-211

30-28-211. Energy efficient building codes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affect the health of the

citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the total cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low-carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  Every board of county commissioners that has adopted and enforced one

or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.

(3.5) (a)  A board of county commissioners that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b)  A board of county commissioners that has adopted and enforced one or

more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c) (I)  Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a

board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.

(II)  As used in this subsection (3.5)(c), a rural county means a county with a

population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.

(d)  When adopting or updating a building code prior to July 1, 2023, a board

of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2026, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code or by June 30, 2030, whichever is earlier, if:

(I)  The board of county commissioners adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(g)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a board of county commissioners is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4)  Repealed.


(5)  The following buildings are exempt from subsections (3) and (3.5) of this

section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provision of this section, the board of county

commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide boards of county commissioners with technical

assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section restricts the ability of an investor-owned utility

with approval from the public utilities commission to:

(a)  Provide incentives or other energy efficiency program services to help the

board of county commissioners of any county or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.

(9)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

Source: L. 2007: Entire section added, p. 695, � 2, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 10, effective March 18. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 974, � 36, effective July 1. L. 2019: (1)(e), (2)(b), (3), IP(5), and (6) amended and (1)(f), (1)(g), and (1)(h) added, (HB 19-1260), ch. 357, p. 3284, � 2, effective August 2. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4) repealed, (HB 22-1362), ch. 301, p. 2183, � 7, effective June 2. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(e), and (3.5)(f) added, (HB 23-1233), ch. 245, p. 1324, � 10, effective May 23. L. 2025: (3.5)(g) added, (HB 25-1269), ch. 216, p. 978, � 1, effective May 20; (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 4, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023.

C.R.S. § 31-15-602

31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)  Excessive energy consumption creates effects beyond the boundaries of

the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)  Air pollutant emissions from energy consumption affects the health of

the citizens throughout Colorado.

(c)  The strain on the grid from peak electric power demands is not confined

to jurisdictional boundaries.

(d)  There is statewide interest in the reliability of the electrical grid and an

adequate supply of heating oil and natural gas.

(e)  Controlling energy costs for residents and businesses furthers a

statewide interest in a strong economy and reducing the cost of housing in Colorado.

(f)  More recent energy codes are more effective at ensuring building

durability and structural integrity and protecting public health and safety through better:

(I)  Moisture management to prevent mold, mildew, and rot;


(II)  Airflow management; and


(III)  Protection during severe weather.


(g)  More recent energy codes incorporate newer building technologies,

techniques, and materials and offer more options for builders.

(h)  Businesses and residents in low-income communities and rural areas of

the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)  Highly energy efficient homes and buildings can reduce energy use and

help consumers save money on energy bills.

(j)  Highly energy efficient and low carbon new homes and buildings are

critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)  As used in this section, unless the context otherwise requires:


(a)  Building code means regulations related to energy performance,

electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)  Colorado plumbing code has the meaning set forth in section 12-155-103 (1.4).


(a.8)  Elevator and escalator code means the rules adopted in accordance

with section 9-5.5-112.

(b)  Energy code means a subset of building codes related to the total

energy performance and carbon emissions of residential and commercial buildings.

(b.5)  International energy conservation code means the energy code

published by the international code council or a successor organization.

(b.8)  National electrical code has the meaning set forth in section 12-115-103 (8).


(c)  Office means the Colorado energy office created in section 24-38.5-101,

C.R.S.

(3)  The governing body of any municipality that has adopted and enforced

one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the municipality to which the building code applies.

(3.5) (a)  The governing body of a municipality that has adopted and enforced

one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b)  The governing body of a municipality that has adopted and enforced one

or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c)  When adopting or updating a building code prior to July 1, 2023, the

governing body of a municipality shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(d)  Notwithstanding the timing requirement of subsection (3.5)(a) of this

section, a governing body of a municipality may comply with subsection (3.5)(a) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:

(I)  The governing body of the municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(e)  Notwithstanding the timing requirement of subsection (3.5)(b) of this

section, a governing body of a municipality may comply with subsection (3.5)(b) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:

(I)  The governing body of a municipality adopts or updates:


(A)  The national electrical code by reference when adopted or updated by

the state electrical board;

(B)  The elevator and escalator code by reference when adopted or updated

by the director of the division of oil and public safety within the department of labor and employment; or

(C)  The Colorado plumbing code by reference when adopted or updated by

the state plumbing board; and

(II)  The adoption or update of the national electrical code, the elevator and

escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)  Notwithstanding the requirements set forth in subsections (3.5)(a) and

(3.5)(b) of this section, a governing body of a municipality is not required to adopt and enforce an energy code that meets the requirements of subsections (3.5)(a) and (3.5)(b) of this section solely as a result of adopting the wildfire resiliency code.

(4) (a)  Repealed.


(b) (I) (A)  Except as otherwise provided in this section, the aggregate of all

charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system or a geothermal energy system shall not exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.

(B)  In the case of a nonresidential application, on an individual installation

basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality's actual costs.

(C)  As used in this subsection (4)(b)(I), active solar energy system means a

single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and geothermal energy system means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(II)  This subsection (4)(b) is repealed, effective December 31, 2029.


(5)  The following buildings are exempt from subsections (3), (3.5), and (4) of

this section:

(a)  Any building that is otherwise exempt from the provisions of the building

code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;

(b)  Any building that does not use either electricity or fossil fuels for comfort

heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)  Historic buildings that are listed on the national register of historic places

or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)  Any building that is exempt pursuant to the energy code.


(6)  Notwithstanding any other provisions of this section, the governing body

of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.

(7) (a)  The office shall ensure that information explaining the requirements

of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)  The office shall provide the governing body of any municipality with

technical assistance concerning the implementation and enforcement of the energy code.

(8)  Nothing in this section restricts the ability of an investor-owned utility

with approval from the public utilities commission to:

(a)  Provide incentives or other energy efficiency program services to help the

governing body of any municipality or builders comply with the requirements of this section; or

(b)  Earn shareholder incentives and claim credits towards its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the governing body of any municipality or builders comply with the requirements of this section.

(9)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the governing body of any municipality or any builders in complying with the requirements of this section.

(10) (a)  A utility may count mass-based emissions reductions associated with

the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

Source: L. 2007: Entire section added, p. 697, � 3, effective July 1. L. 2008:

(2)(b) and (2)(c) amended, p. 72, � 11, effective March 18; (4) amended, p. 893, � 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, � 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, � 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, � 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, � 4, effective August 2. L. 2021: (4)(b) amended, (HB 21-1284), ch. 327, p. 2091, � 4, effective September 7. L. 2022: (1)(i), (1)(j), (2)(b.5), (3.5), (8), (9), and (10) added, (2)(b), (3), and IP(5) amended, and (4)(a) repealed, (HB 22-1362), ch. 301, p. 2186, � 8, effective June 2; (4)(b)(I)(A) and (4)(b)(I)(C) amended, (SB 22-118), ch. 335, p. 2372, � 8, effective August 10. L. 2023: (2)(a.5), (2)(a.8), (2)(b.8), (3.5)(d), and (3.5)(e) added, (HB 23-1233), ch. 245, p. 1326, � 11, effective May 23. L. 2025: (3.5)(f) added, (HB25-1269), ch. 216, p. 978, � 2, effective May 20. (2)(a.5) amended, (HB 25-1306), ch. 204, p. 926, � 5, effective August 6.

Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of

Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.

Cross references: (1)  In 2011, subsection (4)(b) was amended by the Fair

Permit Act. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2)  For the legislative declaration in HB 21-1284, see section 1 of chapter

327, Session Laws of Colorado 2021.

(3)  For the legislative declaration in HB 23-1233, see section 1 of chapter

245, Session Laws of Colorado 2023.

C.R.S. § 31-15-707

31-15-707. Municipal utilities. (1) The governing body of each municipality has the power:

(a) (I)  To acquire waterworks, gasworks, and gas distribution systems for the

distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, and all appurtenances necessary to any of said works or systems or to authorize the erection, ownership, operation, and maintenance of such works and systems by others. No such works or systems, except waterworks, shall be acquired or erected by a municipality until the question of acquiring or erecting the same is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and in accordance with the requirements of law, including requirements of law relating to the acquisition and financing of public utilities by municipalities. The question of acquiring or erecting a waterworks need not be so submitted and approved at an election.

(II)  All such works or systems authorized by any municipality to be erected

by others or the franchise of which is extended or renewed shall be authorized, extended, or renewed upon the express condition that such municipality has the right and power to purchase or condemn any such works or systems at their fair market value at the time of purchasing or condemning such works or systems, excluding all value of the franchise or right-of-way through the streets and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into with the municipality in excess of the fair market value of the works or systems. If, after an election conducted in the manner prescribed in section 31-15-302 (1)(d), the municipality is authorized to acquire any of said works or systems after granting a franchise therefor to any person, the municipality shall purchase or condemn such works or systems within the municipal limits then utilized in serving the inhabitants of such municipality at their fair market value. Nothing in this subparagraph (II) shall require such municipality to purchase or condemn all or any part of such works or systems which is obsolete or which has outworn its usefulness.

(III)  If the municipality elects to purchase such works or systems and if the

parties in interest cannot agree on the purchase price, they shall enter into a written agreement to arbitrate the matter and to abide by the award of the arbitrators, in which event each party shall choose an arbitrator to determine their fair market value. If the two arbitrators cannot agree on the fair market value, they shall choose a third disinterested arbitrator, and the award of any two arbitrators shall be final and binding upon the parties.

(IV)  Nothing in this paragraph (a) shall authorize the condemnation or

purchase of any such works or systems within twenty years after the granting of any franchise therefor, except at periods of ten or fifteen years thereafter, without the consent of the owner of the franchise.

(b)  To construct or authorize the construction of such waterworks without

their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect;

(c)  To make such grant to inure for a term of not more than twenty-five years

when the right to build and operate such water, gas, heating and cooling, or electric light works is granted to a person by said municipality and to authorize such person to charge and collect from each person supplied by them with water, gas, heat, cooling, or electric light such water, gas, heat, cooling, or electric light rent as may be agreed upon between the person building said works and said municipality; and to enter into a contract with the person constructing said works to supply said municipality with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and also with gas, heat, cooling, and electric light and to pay therefor such sums as may be agreed upon between said contracting parties;

(d)  To assess from time to time, when constructing such water, gas, heating

and cooling, or electric light works and in such manner as it deems equitable, upon each tenement or other place supplied with water, gas, heat, cooling, or electric light, such water, gas, heat, cooling, or electric light rent as may be agreed upon by the governing body. Gas, heat, cooling, and electric light shall be charged for according to use. At the regular time for levying taxes in each year, said municipality is empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in said municipality. Such tax, with the water, gas, heat, cooling, or electric light rents hereby authorized, shall be sufficient to pay the expenses of running, repairing, and operating such works. If the right to build, maintain, and operate such works is granted to a person by a municipality and the municipality contracts with said person for the supplying of water, gas, heat, cooling, or electric light for any purpose, such municipality shall levy each year and cause to be collected a special tax, as provided for in this paragraph (d), sufficient to pay off such water, gas, heat, cooling, or electric light rents so agreed to be paid to said person constructing said works. The tax shall not exceed the sum of three mills on the dollar for any one year.

(e)  To condemn and appropriate so much private property as is necessary for

the construction and operation of water, gas, heating and cooling, or electric light works in such manner as may be prescribed by law; and to condemn and appropriate any water, gas, heating and cooling, or electric light works not owned by such municipality in such manner as may be prescribed by law for the condemnation of real estate.

Source: L. 75: Entire title R&RE, p. 1115, � 1, effective July 1. L. 77: (1)(a)(I)

amended, p. 1462, � 1, effective May 16. L. 81: (1)(a)(I) and (1)(c) to (1)(e) amended, p. 1455, � 3, effective May 27.

Editor's note: This section is similar to former � 31-12-101 as it existed prior to

1975.

C.R.S. § 31-15-713

31-15-713. Power to sell public works - real property. (1) The governing body of each municipality has the power:

(a)  To sell and dispose of waterworks, ditches, gasworks, geothermal

systems, solar systems, electric light works, or other public utilities, public buildings, real property used or held for park purposes, or any other real property used or held for any governmental purpose. Before any such sale is made, the question of said sale and the terms and consideration thereof shall be submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d).

(b)  To sell and dispose of, by ordinance, any other real estate, including land

acquired from the federal government, owned by the municipality upon such terms and conditions as the governing body may determine at a regular or special meeting. With respect to such land acquired from the federal government, which land is located within or contiguous to the municipality, such terms and conditions shall be designed to prevent speculation and assure that benefits accrue to the municipality when the sale or disposition of said land is for municipal expansion or residential purposes. Nothing in this paragraph (b) or in section 31-15-101 (1) shall be construed to invalidate the acceptance of federal land by a municipality or the sale and disposal by a municipality of land acquired from the federal government, where such acceptance or disposal was consummated prior to April 1, 1976, and municipal authority for any such acceptance or disposal is hereby confirmed.

(c)  To lease any real estate, together with any facilities thereon, owned by

the municipality when deemed by the governing body to be in the best interest of the municipality. Any lease for a period of more than one year shall be by ordinance. Any lease for one year or less than one year shall be by resolution or ordinance.

(2)  All leases and deeds of conveyance executed and acknowledged by the

proper officers of such municipalities and purporting to have been made pursuant to the provisions of this section shall be deemed prima facie evidence of due compliance with all the requirements of this section.

(3)  Any town holding title to any land settled and occupied as the site of

such town pursuant to and by virtue of the act of congress entitled An Act for the relief of the inhabitants of cities and towns upon the public lands., approved March 2, 1867, 43 U.S.C. sections 718-723, and an act of congress entitled An Act respecting the limits of reservations for town sites upon the public domain., 43 U.S.C. sections 725-727, and any amendments thereto may dispose of and convey the title to such land in the manner provided in this section.

Source: L. 75: Entire title R&RE, p. 1120, � 1, effective July 1. L. 76: (1)(b)

amended, p. 697, � 2, effective April 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  43 U.S.C. secs. 718-723 and 725-727, referenced in subsection (3), were

repealed, effective October 21, 1976. A savings provisions was contained in the act repealing said sections, stating repeal by Pub.L. 94-579 not to be construed as terminating any valid lease, permit, patent . . . existing on Oct. 21, 1976, and said references have been left in this section for historical reference.

C.R.S. § 31-20-101.3

31-20-101.3. Incentives for installation of renewable energy fixtures - definitions. (1) Notwithstanding any law to the contrary, a governing body of any municipality may offer an incentive, in the form of a municipal property tax or sales tax credit or rebate, to a residential or commercial property owner who installs a renewable energy fixture on his or her residential or commercial property.

(2)  For purposes of this section, unless the context otherwise requires,

renewable energy fixture means any fixture, product, system, device, or interacting group of devices that produces energy, including but not limited to alternating current electricity, from renewable resources, including, but not limited to, photovoltaic systems, solar thermal systems, small wind systems, biomass systems, or geothermal systems.

Source: L. 2007: Entire section added, p. 489, � 3, effective August 3. L.

2009: (2) amended, (HB 09-1126), ch. 254, p. 1147, � 2, effective May 15.

Cross references: For the short title contained in the 2007 act enacting this

section, see section 1 of chapter 130, Session Laws of Colorado 2007.

C.R.S. § 31-23-206

31-23-206. Master plan - definitions. (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, that in the commission's judgment bear relation to the planning of the municipality. The master plan of a municipality is an advisory document to guide land development decisions; however, the master plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasi-judicial processes as appropriate. The master plan, with the accompanying maps, plats, charts, and descriptive matter, must show the commission's recommendations for the development of the municipality and outlying areas.

(1.3) (a)  When a commission decides to adopt a master plan, the commission

shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of the master plan and shall accept and consider oral and written public comments throughout the process of developing the master plan.

(b)  The commission shall follow the procedures in section 24-32-3209. For

purposes of this section, any special district that supplies water to the area covered by the master plan is a neighboring jurisdiction as defined in section 24-32-3209 (1)(h).

(c)  For any master plan adopted after January 1, 2026, the commission shall

consider the following, where applicable or appropriate, and any other information deemed relevant by the commission:

(I)  The applicable housing needs assessments published pursuant to section

24-32-3702 (1)(b), 24-32-3703, or 24-32-3704;

(II)  The statewide strategic growth report created pursuant to section 24-32-3707;


(III)  The natural land and agricultural opportunities report published

pursuant to section 24-32-3708; and

(IV)  The Colorado water plan adopted pursuant to section 37-60-106.3.


(1.5)  The master plan must include:


(a)  A narrative description of the procedure used for the development and

adoption of the master plan, including a summary of any objections to the master plan made by neighboring jurisdictions pursuant to section 24-32-3209 and a description of the resolution or outcome of the objections;

(b)  The most recent version of the master plan required by section 31-12-105

(1)(e) or a similar master plan for areas of potential growth within three miles of the municipality's existing boundaries and a description of how the municipality intends to integrate that plan into the master plan;

(c) (I)  A water supply element developed in consultation with entities that

supply water for use within the municipality to ensure coordination on water supply and facility planning. Nothing in this section requires the public disclosure of confidential information related to water supply or facilities.

(II)  The water supply element must:


(A)  Estimate a range of water supplies and facilities needed to support the

potential public and private development described in the master plan; and

(B)  Include water conservation policies, to be determined by the municipality,

which may include goals specified in the Colorado water plan adopted pursuant to section 37-60-106.3 and policies to implement water conservation and other Colorado water plan goals as a condition of development approval, including subdivisions, planned unit developments, special use permits, and zoning changes.

(III)  A municipality with a master plan that includes a water supply element

shall ensure that its master plan includes water conservation policies at the first amending of the master plan, but not later than July 1, 2025;

(IV)  Nothing in this subsection (1.5)(c) supersedes, abrogates, or otherwise

impairs the allocation of water pursuant to the state constitution or any other provision of law, the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility; and

(V)  The department of local affairs may hire and employ one full-time

employee to provide educational resources and assistance to municipalities that include water conservation policies in the water supply elements of master plans as required by this subsection (1.5)(c).

(d)  A strategic growth element that integrates elements of the master plan

to discourage sprawl and promote the development or redevelopment of vacant and underutilized parcels in urban areas to address the municipality's demonstrated housing needs and mitigate the need for extension of infrastructure and public services to develop natural and agricultural lands for residential uses. The strategic growth element must include:

(I)  A description of existing and potential policies and tools to promote

strategic growth and prevent sprawl;

(II)  An analysis of vacant and underutilized sites that:


(A)  Identifies vacant, partially vacant, and underutilized land near existing or

planned transit or job centers that could be used for infill development, redevelopment, and new development of housing;

(B)  Assesses the general feasibility of the development or redevelopment of

such sites for residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites;

(C)  Describes the public benefits of the development or redevelopment of

such sites to the municipality as an alternative to the development of previously undeveloped natural or agricultural land; and

(D)  In a manner that is consistent with the master plan, designates such sites

for which development or redevelopment is deemed to be generally feasible for future uses that include residential uses in a manner that addresses the municipality's demonstrated housing needs at all income levels; and

(III)  An analysis of undeveloped sites that:


(A)  Identifies previously undeveloped parcels that are not adjacent to

developed land, including existing natural and agricultural land, under consideration for future development, and, for a municipality in a metropolitan planning organization established under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended, land outside of census urban areas as defined by the United States bureau of the census;

(B)  Assesses the general feasibility of the development of such sites for

residential use based on existing and needed infrastructure, transportation capacity, access to public transit, and public facilities and services to serve such sites; and

(C)  Describes the long-term fiscal impact to the municipality of the

construction, ownership, maintenance, and replacement of infrastructure and public facilities and the provision of public services to serve development of such sites; and

(e)  The most recent housing action plan adopted by the municipality

pursuant to section 24-32-3705.

(1.7) (a)  A municipality with a master plan shall ensure that its master plan

includes a water supply element and strategic growth element as required by subsection (1.5) of this section at the first amending of the master plan that occurs on or after January 1, 2026, but not later than December 31, 2026. The master plan of a municipality adopted or amended after December 31, 2026, must include a water supply element and strategic growth element as required by subsection (1.5) of this section. A municipality shall update the water supply element and strategic growth element as required by subsection (1.5) of this section no less frequently than every five years.

(b)  A municipality with a master plan is not required to include a strategic

growth element if the municipality has not received funding to include the strategic growth element pursuant to section 24-32-3710 and either:

(I)  Has a population of twenty thousand or less and has experienced negative

population change in the most recent decennial census; or

(II)  Has a population of two thousand or less.


(1.9)  The master plan may include, where applicable or appropriate:


(a)  The general location, character, and extent of existing, proposed, or

projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality;

(b)  The general location of public places or facilities, including public

schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, military installation has the same meaning as specified in section 29-20-105.6 (2)(b).

(c)  The general location and extent of public utilities terminals, capital

facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities;

(d)  The acceptance, removal, relocation, widening, narrowing, vacating,

abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals referred to in subsections (1.5)(c), (1.7)(a), and (1.7)(b) of this section;

(e)  A zoning plan for the control of the height, area, bulk, location, and use of

buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources, including geothermal energy used for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation;

(f)  The general character, location, and extent of community centers,

housing developments, whether public or private; the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality; and redevelopment areas. If a municipality has entered into a regional planning agreement, the agreement may be incorporated by reference into the master plan.

(g)  A plan for the extraction of commercial mineral deposits pursuant to

section 34-1-304;

(h)  A plan for the location and placement of public utilities that facilitates

the provision of such utilities to all existing, proposed, or projected developments in the municipality;

(i)  Projections of population change and housing needs to accommodate the

projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives;

(j)  The areas containing steep slopes, geological hazards, endangered or

threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the commission should consider the following sources for guidance:

(I)  The Colorado geological survey for defining and mapping geological

hazards;

(II)  The United States fish and wildlife service of the United States

department of the interior and the parks and wildlife commission created in section 33-9-101 for locating areas inhabited by endangered or threatened species;

(III)  The Unites States army corps of engineers and the United States fish

and wildlife service national wetlands inventory for defining and mapping wetlands;

(IV)  The federal emergency management agency for defining and mapping

floodplains, floodways, and flood risk zones;

(V)  The natural resources conservation service of the United States

department of agriculture for defining and mapping unstable soils and highly erodible land; and

(VI)  The Colorado state forest service for locating wildfire hazard areas.


(2)  As the work of making the whole master plan progresses, the commission

may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time.

(3)  (Deleted by amendment, L. 2007, p. 613, � 2, effective August 3, 2007.)


(4) (a)  Each municipality that has a population of two thousand persons or

more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002.

(b)  The department of local affairs shall annually determine, based on the

population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan.

(c)  Once a municipality is identified as being subject to the requirements of

this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4).

(5)  A master plan adopted in accordance with the requirements of

subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses.

(6)  The master plan of any municipality adopted or amended in accordance

with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable.

(7)  Notwithstanding any other provision of this section, no master plan

originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S.

(8)  The commission shall submit the master plan and any separately

approved water supply element and strategic growth element to the division of local government in the department of local affairs. The division of local government shall review master plans and may provide comments to the commission.

(9) (a)  As used in this subsection (9):


(I) (A)  Equestrian means an individual who is riding a horse, leading a horse,

or riding in a vehicle drawn by a horse.

(B)  Equestrian includes the horse being ridden, being led, or drawing a

vehicle, as each are described in subsection (9)(a)(I)(A) of this section.

(II)  Equestrian zone means an area that a municipality determines is

suburban or urban and contains:

(A)  An equestrian fairground, public equestrian riding arena, public

equestrian center, or public riding trail;

(B)  An equestrian-centric residential neighborhood where equestrians

regularly ride and that was zoned in such a manner as to allow housing privately owned equines but is now being developed for primarily residential use or that is zoned in such a manner as to allow housing privately owned equines;

(C)  A keystone property; or


(D)  Roads or trails that equestrians use and that are related to an area

described in subsections (9)(a)(II)(A) to (9)(a)(II)(C) of this section.

(III)  Keystone property means a property that has at least one of the

following equestrian facilities:

(A)  Boarding facilities that provide housing for equines, training for

equestrians, or equine service and education programs;

(B)  Equine stables that facilitate animal welfare rescue programs or equine

therapy programs;

(C)  Breeding facilities for equines; or


(D)  Nonpublic equestrian venues that provide services to the equestrian

community.

(IV)  Suburban or urban means the population and traffic density are

sufficient to cause significant and regular interactions between equestrians and motor vehicles or other residents.

(b)  A municipality with a master plan may identify and show on the master

plan the location of and character of existing or proposed equestrian infrastructure, venues, and equestrian zones.

(c)  A municipality may organize public events to educate the public about

equestrian use of recreational trails and roads and the duties of users of trails and roads with regard to equestrian users. A municipality may partner with local horse advocacy groups to educate the public about these matters or to hold the public events.

Source: L. 75: Entire title R&RE, p. 1147, � 1, effective July 1. L. 79: (1)(d)

amended, p. 1162, � 10, effective January 1, 1980. L. 97: (3) added, p. 414, � 2, effective April 24. L. 2000: (1) amended, p. 874, � 2, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, � 2, effective January 8, 2002. L. 2002: (5) amended, p. 1036, � 84, effective June 1. L. 2005: (6) added, p. 223, � 3, effective August 8. L. 2007: IP(1) and (3) amended and (7) added, p. 613, � 2, effective August 3. L. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, � 3, effective August 11. L. 2012: IP(1) and (1)(k)(II) amended, (HB 12-1317), ch. 248, p. 1206, � 13, effective June 4. L. 2020: IP(1) and (1)(d) amended, (HB 20-1095), ch. 82, p. 332, � 2, effective September 14. L. 2022: (1)(f) amended, (SB 22-118), ch. 335, p. 2373, � 9, effective August 10. L. 2024: (1) R&RE and (1.3), (1.5), (1.7), (1.9), and (8) added, (SB 24-174), ch. 290, p. 1969, � 3, effective May 30. L. 2025: (9) added, (SB 25-149), ch. 266, p. 1376, � 8, effective August 6.

Editor's note: (1)  This section is similar to former � 31-23-106 as it existed

prior to 1975.

(2)  Section 11(2) of chapter 266 (SB 25-149), Session Laws of Colorado 2025,

provides that the act changing this section applies to offenses committed on or after August 6, 2025.

Cross references: For the legislative declaration in SB 25-149, see section 1

of chapter 266, Session Laws of Colorado 2025.

C.R.S. § 31-23-214

31-23-214. Subdivision regulations. (1) Before any commission exercises the powers set forth in section 31-23-213, it shall adopt regulations governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or, at the election of the commission, the regulations may be published once each week for three consecutive weeks in the official paper of the municipality or county in which such subdivisions, or any part thereof, are located. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population, including minimum area and width of lots. The regulations may also provide for waivers from subdivision requirements and may establish different requirements applicable to subdivisions of different sizes, densities, or types of dwelling units. In the territory subject to subdivision jurisdiction beyond the municipal limits, the regulations shall provide only for conformance with the major street plan.

(1.5)  Subdivision regulations adopted under provisions of this section may

protect and assure access to sunlight for solar energy devices by considering in subdivision development plans the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.

(2)  Before the adoption of the regulations referred to in this section, a public

hearing shall be held thereon in the municipality. A copy of such regulations shall be certified by the commission to the county clerk and recorders of the counties in which the municipality and territory are located.

(3)  Subdivision regulations adopted under provisions of this section shall

require that a subdivider, as defined in section 30-28-101 (9), C.R.S., submit to the commission evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.

Source: L. 75: Entire title R&RE, p. 1150, � 1, effective July 1. L. 79: (1.5) added,

p. 1163, � 12, effective January 1, 1980. L. 81: (1) amended, p. 1512, � 2, effective June 4. L. 83: (2) amended, p. 1262, � 1, effective March 15. L. 2000: (3) added, p. 1618, � 2, effective July 1.

Editor's note: This section is similar to former � 31-23-114 as it existed prior

to 1975.

Cross references: For registration of subdivision developers, see part 5 of

article 10 of title 12.

C.R.S. § 31-23-301

31-23-301. Grant of power - definitions. (1) Except as otherwise provided in section 34-1-305, C.R.S., for the purpose of promoting health, safety, morals, or the general welfare of the community, including energy conservation and the promotion of solar energy utilization, the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the height and location of trees and other vegetation, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Regulations and restrictions of the height, number of stories, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. Such regulations shall provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained in such regulations. Subject to the provisions of subsection (2) of this section and to the end that adequate safety may be secured, said governing body also has power to establish, regulate, restrict, and limit such uses on or along any storm or floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. Any ordinance enacted under authority of this part 3 shall exempt from the operation thereof any building or structure as to which satisfactory proof is presented to the board of adjustment that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public.

(2)  The power conferred by subsection (1) of this section for flood prevention

and control shall not be exercised to deprive the owner of any existing property of its future use or maintenance for the purpose to which it was lawfully devoted on February 25, 1966, but provisions may be made for the gradual elimination of uses, buildings, and structures, including provisions for the elimination of such uses when the existing uses to which they are devoted are discontinued, and for the elimination of such buildings and structures when they are destroyed or damaged in major part.

(3)  The governing body of any municipality or the board of adjustment

thereof, in the exercise of powers pursuant to this section, may condition any zoning regulation, any amendment to such regulation, or any variance of the application thereof or the exemption of any building or structure therefrom upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board.

(4)  A statutory or home rule city or town or city and county shall not enact an

ordinance prohibiting the use of a state-licensed group home for either persons with intellectual and developmental disabilities or behavioral or mental health disorders that serves not more than eight persons with intellectual and developmental disabilities or eight persons with behavioral or mental health disorders and appropriate staff as a residential use of property for zoning purposes. As used in this subsection (4), the phrase residential use of property for zoning purposes includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning.

(5) (a)  As used in this subsection (5), unless the context otherwise requires:


(I)  Repealed.


(II)  Equivalent performance engineering basis means that by using

engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units.

(b) (I)  No municipality may have or enact zoning regulations, subdivision

regulations, or any other regulation affecting development that exclude or have the effect of excluding homes or structures from the municipality that are:

(A)  Factory-built structures, as defined in section 24-32-3302 (11) and

certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;

(B)  Manufactured homes certified by the United States department of

housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or

(C)  Homes that meet or exceed, on an equivalent performance engineering

basis, standards established by the municipal building code.

(I.5)  A municipality shall not impose more restrictive standards on factory-built structures than those the municipality applies to site-built homes in the same

residential zones. As used in this subsection (5)(b)(I.5), restrictive standards means zoning regulations, subdivision regulations, and any other regulation affecting development, including standards related to:

(A)  Home size or sectional requirements;


(B)  Improvement location;


(C)  Minimum floor space;


(D)  Permanent foundations;


(E)  Setback standards; and


(F)  Side-yard standards.


(II)  Nothing in this subsection (5) prevents a municipality from enacting any

zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing similar housing or structures or new site-built housing within the specific use district of the municipality.

(III)  Nothing in this subsection (5) precludes any municipality from enacting

municipal building code provisions for unique public safety requirements such as snow load roof, wind shear, wildfire risk, and energy conservation factors, unless it is a factory-built structure certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf or a manufactured home certified by the United States department of housing and urban development through its office of manufactured housing programs, a successor agency, or a party authorized to act on its behalf. A municipality must comply with section 24-32-3318 when enacting building code provisions for a manufactured home as regulated by the United States department of housing and urban development, and it must also comply with the requirements established by the division of housing for factory-built structures.

(IV)  Nothing in this subsection (5) shall be deemed to supersede any valid

covenants running with the land.

Source: L. 75: Entire title R&RE, p. 1155, � 1, effective July 1; (4) added, p. 934,

� 57, effective July 1. L. 79: (1) amended, p. 1163, � 13, effective January 1, 1980. L. 84: (5) added, p. 824, � 2, effective January 1, 1985. L. 87: (4) amended, p. 1217, � 2, effective July 1. L. 2006: (4) amended, p. 1408, � 76, effective August 7. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1379, � 300, effective May 25. L. 2021: (5)(a)(I) repealed and (5)(b)(I) and (5)(b)(III) amended, (HB 21-1019), ch. 122, p. 486, � 30, effective September 7. L. 2022: (5)(b)(I)(A) amended, (SB 22-212), ch. 421, p. 2982, � 72, effective August 10. L. 2025: IP(5)(b)(I), (5)(b)(I)(A), (5)(b)(I)(B), (5)(b)(II), and (5)(b)(III) amended and (5)(b)(I.5) added, (SB 25-002), ch. 172, p. 719, � 9, effective May 8.

Editor's note: This section is similar to former � 31-23-201 as it existed prior

to 1975.

Cross references: For the legislative declaration in SB 17-242, see section 1

of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 31-23-307

31-23-307. Board of adjustment. (1) The governing body shall provide for the appointment of a board of adjustment consisting of five members, each to be appointed for three years, unless the governing body by ordinance establishes a different number of members or term of office. The governing body may provide by ordinance for filling vacancies on the board, for designation of alternate members, and for removal of members for inefficiency, neglect of duty, or malfeasance in office. The board of adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of any ordinance adopted pursuant to this part 3. It shall also hear and decide all matters referred to it or upon which it is required to pass under such ordinance. Unless otherwise provided by ordinance, the concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Every decision of such board shall be subject, however, to review by certiorari by the district court of the county within which the municipality or any part thereof is located. Such appeal shall be filed not later than thirty days from the final action taken by the board of adjustment. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the municipality.

(2)  An appeal to the board of adjustment shall be taken within such time as

prescribed by the board of adjustment by general rule by filing with the officer from whom the appeal is taken with the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall at once transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

(3)  An appeal stays all proceedings in furtherance of the action appealed

from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by the district court on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(4)  The board of adjustment shall fix a reasonable time for the hearing of the

appeal, give due notice thereof to the parties, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the board of adjustment has the power, in passing upon appeals, to vary or modify the application of the regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done. The governing body by ordinance may eliminate the board of adjustment's authority to grant use variances or use modifications, or may transfer that authority to some other board, agency, or commission, or to the governing body of the municipality. Where feasible, the board of adjustment may vary or modify the application of the regulations for the purpose of considering access to sunlight for solar energy devices.

(5)  The governing body of a municipality that has entered into an

intergovernmental agreement with the county or counties within which it is located for the purposes of joint participation in land use planning, subdivision procedures, and zoning pursuant to the authority granted in section 31-23-227 (2) may, by ordinance, enter into an intergovernmental agreement with the county or counties within which it is located for the purpose of joint participation in the establishment of a joint zoning board of adjustment for a specific area designated in the intergovernmental agreement.

Source: L. 75: Entire title R&RE, p. 1157, � 1, effective July 1. L. 79: (4)

amended, p. 1164, � 15, effective January 1, 1980. L. 81: (1) and (2) amended, p. 877, � 2, effective April 24; (4) amended, p. 1514, � 5, effective June 4. L. 98: (5) added, p. 689, � 2, effective May 18.

Editor's note: This section is similar to former � 31-23-207 as it existed prior

to 1975.

C.R.S. § 31-25-501

31-25-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Assessment unit means an area within a district which is separately

defined for determining assessments payable pursuant to this part 5.

(1.5)  District means the geographical division of the municipality and, in

accordance with the provisions of this part 5, the county in which such municipality is situated, or any other municipality within such county, within which any local improvement may be made or, when so declared by the governing body, may include the entire municipal area. One or more noncontiguous parts or sections of property may be included in one district.

(1.7) (a)  Elector of the district means a person who, at the designated time

or event, is registered to vote in the general election in this state and:

(I)  Who is a resident of the district or the area to be included in the district; or


(II)  Who or whose spouse or civil union partner owns taxable real or personal

property within the district or the area to be included in the district whether or not said person resides within the district.

(b)  Where the owner of taxable real or personal property specified in

subparagraph (II) of paragraph (a) this subsection (1.7) is not a natural person, an elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the clerk of the municipality. Only one such person may be designated by an owner.

(1.9)  Energy efficiency improvement means an installation or modification

that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems,

additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c)  Automatic energy control systems;


(d)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(e)  Caulking and weatherstripping;


(f)  Replacement or modification of lighting fixtures to increase the energy

efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(g)  Energy recovery systems;


(h)  Daylighting systems; and


(i)  Any other modification, installation, or remodeling approved as a utility

cost-savings measure by the governing body; except that no renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. The public utilities commission shall have primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

(2)  Owner, in reference to petitions, means only persons in whom the

record fee title is vested, although subject to lien or encumbrance.

(3)  Property means all land, whether platted or unplatted, regardless of

improvements thereon and regardless of lot or land lines. The term also includes the franchise of any railroad whose tracks lie, either lengthwise or crosswise, within any street improved under this part 5. Lots may be designated in accordance with any recorded map or plat thereof, unplatted lands by any definite description thereof, and franchises by the name of the corporation owning the same.

(3.5)  Qualified community location means:


(a)  If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:


(I)  Is wholly owned, through either an undivided or a fractional interest, by

the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement;

(II)  Provides energy as a direct credit on the owner's utility bill; and


(III)  Is an encumbrance on the property specifically benefited.


(b)  If the affected local electric utility is an investor-owned utility, a

community solar garden as that term is defined in section 40-2-127 (2), or a community geothermal garden as that term is defined in section 40-2-127.5 (2).

(4) (a)  Renewable energy improvement means a fixture, product, system,

device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be authorized by the governing body, and that either:

(I)  Is installed behind the meter of a residential or commercial building; or


(II)  Directly benefits a residential or commercial building through a qualified

community location.

(b)  No renewable energy improvement shall be authorized that interferes

with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 5 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in section 40-9.5-118, C.R.S. The public utilities commission has primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1. L. 86: (1) R&RE

and (1.5) added, p. 1047, �� 2, 3, effective July 1. L. 90: (1.5) amended, p. 1472, � 5, effective July 1. L. 99: (1.7) added, p. 518, � 16, effective April 30. L. 2002: (1.7) amended, p. 272, � 12, effective August 7. L. 2008: (1.9) and (4) added, p. 1300, � 22, effective May 27. L. 2010: (3.5) added and (4) amended, (SB 10-100), ch. 207, p. 903, � 7, effective May 5. L. 2016: (1.7)(a) amended, (SB 16-142), ch. 173, p. 592, � 78, effective May 18. L. 2022: (3.5)(b) amended, (SB 22-118), ch. 335, p. 2379, � 14, effective August 10. L. 2023: (3.5)(b) amended, (HB 23-1301), ch. 303, p. 1840, � 73, effective August 7.

Editor's note: This section is similar to former � 31-25-501 as it existed prior

to 1975.

C.R.S. § 31-32-101

31-32-101. Franchise granted by ordinance. No franchise or license giving or granting to any person the right or privilege to erect, construct, operate, or maintain a street railway, electric light plant or system, gasworks, gas plant or system, geothermal system, solar system, or telegraph or telephone system within any city or town or to use the streets or alleys of a city or town for such purposes shall be granted or given by any city or town in this state in any other manner or form than by an ordinance passed and published in the manner set forth in this part 1.

Source: L. 75: Entire title R&RE, p. 1243, � 1, effective July 1.


Editor's note: This section is similar to former � 31-32-101 as it existed prior

to 1975.

C.R.S. § 31-32-105

31-32-105. Cities or towns may erect utilities. Nothing in this part 1 shall be construed as in any way modifying or restricting the right of cities or towns to purchase or erect electric light works, heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, or gasworks in the manner provided for by law.

Source: L. 75: Entire title R&RE, p. 1244, � 1, effective July 1. L. 81: Entire

section amended, p. 1457, � 5, effective May 27.

Editor's note: This section is similar to former � 31-32-105 as it existed prior

to 1975.

PART 2

PUBLIC UTILITIES - ACQUISITION - METHOD

C.R.S. § 32-1-1004.5

32-1-1004.5. Metropolitan districts' covenant enforcement and design review services - requirements - prohibitions as against public policy - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Board means the board of a metropolitan district.


(b)  Covenant enforcement and design review services means the covenant

enforcement and design review services that a metropolitan district may provide in relation to residential property pursuant to section 32-1-1004 (8).

(c)  Energy efficiency measure means a device or structure that reduces

the amount of energy derived from fossil fuels that is consumed by a unit. Energy efficiency measure includes only the following types of devices or structures:

(I)  An awning, shutter, trellis, ramada, or other shade structure that is

marketed for the purpose of reducing energy consumption;

(II)  A garage or attic fan and any associated vents or louvers;


(III)  An evaporative cooler;


(IV) (A)  Except as provided in subsection (1)(c)(IV)(B) of this section, an

energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device.

(B)  Subsection (1)(c)(IV)(A) of this section does not apply to covenant

enforcement and design review services provided under an instrument that implements dark sky requirements for residential property that is a designated dark sky place, as defined in section 24-49.7-110 (2)(d).

(V)  A retractable clothesline; and


(VI)  A heat pump system, as defined in section 39-26-732 (2)(c).


(d) (I)  Impartial decision-maker means a person or a group of persons:


(A)  With the authority to make a decision regarding the enforcement of an

instrument that a metropolitan district enforces pursuant to this section or section 32-1-1004 (8), including the enforcement of any architectural requirements; and

(B)  That does not have any direct personal or financial interest in the

outcome of the matter being decided.

(II)  As used in this subsection (1)(d), personal or financial interest means

that the impartial decision-maker, as a result of the outcome of the matter being decided, would receive a greater benefit or detriment than that of other unit owners subject to the same instrument.

(e)  Instrument means the declaration, rules and regulations, or any other

instrument that a metropolitan district enforces pursuant to this section and section 32-1-1004 (8).

(f)  Local government means a statutory or home rule county, municipality,

or city and county.

(g)  Unit means a physical portion of a residential property that is

designated for separate ownership or occupancy and is subject to an instrument.

(h)  Unit owner means a person who owns a unit.


(2) (a)  On or before January 1, 2025, except as provided in subsection (2)(d) of

this section, a metropolitan district shall adopt a written policy governing the imposition of fines. In furnishing covenant enforcement and design review services, a board shall not impose a fine on a unit owner for an alleged violation of an instrument unless the fine is imposed in accordance with the written policy. The written policy:

(I)  Must include a fair and impartial fact-finding process concerning whether

an alleged violation actually occurred and, if so, whether a unit owner is responsible for the violation; and

(II)  Must require providing notice to the unit owner regarding the nature of

the alleged violation, the action or actions required to cure the alleged violation, and the timeline for the fair and impartial fact-finding process required under subsection (2)(a)(I) of this section.

(b)  The fair and impartial fact-finding process may be informal but, at a

minimum, must provide a unit owner notice and an opportunity to be heard before an impartial decision-maker.

(c)  The written policy must specify the schedule of fines that may be

imposed for alleged violations that are continuous or repetitive in nature, including a description of what constitutes a continuous violation and what constitutes a repetitive violation.

(d) (I)  A metropolitan district that does not provide covenant enforcement

and does not form a unit owners' association pursuant to section 38-33.3-301:

(A)  Cannot pursue other remedies against property owners to enforce design

review requirements adopted by the metropolitan district; and

(B)  Is not required to adopt written policies pursuant to subsections (2)(a)

and (5)(a) of this section.

(II)  If a metropolitan district elects to provide covenant enforcement at any

time, the requirements of this section apply to the metropolitan district.

(3) (a)  In furnishing covenant enforcement and design review services for

units, a board may fix, and from time to time increase or decrease, fees, rates, tolls, fines, penalties, or charges for covenant enforcement and design review services furnished pursuant to this section and section 32-1-1004 (8).

(b) (I)  Until paid, any fee, rate, toll, fine, penalty, or charge described in

subsection (3)(a) of this section constitutes a perpetual lien on and against the unit for which covenant enforcement and design review services were provided.

(II)  The board of a metropolitan district furnishing covenant enforcement and

design review services pursuant to this section and section 32-1-1004 (8) shall not foreclose on any lien described in this subsection (3)(b) that arises from amounts that a unit owner owes the metropolitan district as a result of a covenant violation or enforcement of a failure to comply with any instrument.

(III)  In addition to any other means provided by law, a board, by resolution

and at a public meeting held after notice has been provided to an affected unit owner, may elect to have certain delinquent fees, rates, tolls, fines, penalties, charges, or assessments made or levied for covenant enforcement and design review services certified to the treasurer of the county in which the metropolitan district is located, and for the delinquent fees, rates, tolls, fines, penalties, charges, or assessments to be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be collected and paid over pursuant to section 39-10-107.

(4) (a)  For any unit owner's failure to comply with an instrument, a

metropolitan district, without needing to commence a legal proceeding, may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of the failure to comply.

(b)  Except as provided in subsection (4)(c) of this section, in a civil action to

enforce or defend an instrument, the court shall award reasonable attorney fees, costs, and, if relevant, costs of collection to the prevailing party.

(c)  In connection with a civil action claim in which a unit owner is alleged to

have violated an instrument but prevails on the matter because the court finds that the unit owner did not commit the alleged violation:

(I)  The court shall award the unit owner reasonable attorney fees and costs

incurred in defending the claim;

(II)  The court shall not award costs or attorney fees to the metropolitan

district; and

(III)  The metropolitan district shall not allocate to the unit owner's account

with the metropolitan district any of the metropolitan district's costs or attorney fees incurred in asserting or defending the claim from revenue that the metropolitan district collects other than ad valorem property taxes imposed on all taxpayers in the metropolitan district.

(d)  Notwithstanding any law to the contrary, an action shall not be

commenced or maintained to enforce the terms of any building restriction contained in an instrument or to compel the removal of any building or improvement because of a violation of the terms of any such building restriction unless the action is commenced within one year after the date that the metropolitan district commencing the action first knew or, in the exercise of reasonable diligence, should have known of the violation forming the basis of the action.

(5) (a) (I)  On or before January 1, 2025, except as provided in subsection (2)(d)

of this section, a metropolitan district furnishing covenant enforcement and design review services under this section and section 32-1-1004 (8) shall adopt a written policy setting forth the metropolitan district's procedure for addressing disputes arising between the metropolitan district and one or more unit owners related to the enforcement of an instrument.

(II) (A)  Except as provided in subsection (5)(a)(II)(B) of this section, a

metropolitan district shall make a copy of the written policy adopted pursuant to subsection (5)(a)(I) of this section available to unit owners on the metropolitan district's website that the metropolitan district is required to maintain pursuant to section 32-1-104.5 (3).

(B)  If the metropolitan district is not required to maintain a website pursuant

to section 32-1-104.5 (3), the metropolitan district shall make the written policy available to unit owners upon request.

(b) (I)  Any controversy between a metropolitan district and a unit owner that

arises out of the enforcement of an instrument may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. Either party to the mediation may terminate the mediation process without prejudice.

(II)  If a mediation agreement is reached pursuant to subsection (5)(b)(I) of

this section, the mediation agreement may be presented to a court as a stipulation. The stipulation must not include a requirement that the unit owner pay additional interest or unreasonable attorney fees. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. If the parties execute a stipulation that the court deems unfair or that does not comply with the requirements of this subsection (5)(b), the stipulation is invalid and the court may award the unit owner reasonable attorney fees and costs.

(6)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not prohibit any of the following in relation to any unit subject to the instrument:

(a)  The display of a flag on a unit, in a window of the unit, or on a balcony

adjoining the unit. The metropolitan district shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit flags bearing commercial messages. The metropolitan district may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles but shall not prohibit the installation of a flag or flagpole.

(b)  The display of a sign by the owner or occupant of a unit on property

within the boundaries of the unit or in a window of the unit. The metropolitan district shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit signs bearing commercial messages. The metropolitan district may establish reasonable, content-neutral rules to regulate signs based on the number, placement, or size of the signs or on other objective factors.

(c)  The parking of a motor vehicle by the occupant of a unit on the driveway

of the unit if the vehicle is required to be available at designated periods at the occupant's residence as a condition of the occupant's employment and all of the following criteria are met:

(I)  The vehicle has a gross vehicle weight rating of ten thousand pounds or

less;

(II)  The occupant is a bona fide member of a volunteer fire department or is

employed by a primary provider of emergency firefighting, law enforcement, ambulance, or emergency medical services;

(III)  The vehicle bears an official emblem or other visible designation of the

emergency service provider; and

(IV)  Parking of the vehicle can be accomplished without obstructing

emergency access to or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces;

(d)  The removal by a unit owner of trees, shrubs, or other vegetation to

create defensible space on a unit for fire mitigation purposes, so long as the removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by an entity of a local government to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located and is no more extensive than necessary to comply with the plan. The plan shall be registered with the metropolitan district at least thirty days before the commencement of work. The metropolitan district may require changes to the plan if the metropolitan district obtains the consent of the individual, official, or agency that originally created the plan. The work must comply with applicable standards of the metropolitan district regarding slash removal, stump height, revegetation, and contractor regulations.

(e)  Reasonable modifications to a unit as necessary to afford an individual

with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);

(f)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant

vegetative or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible in accordance with section 38-33.3-106.5 (1)(i) and (1)(i.5);

(g)  The use of a rain barrel, as defined in section 37-96.5-102 (1), to collect

precipitation from a residential rooftop in accordance with section 37-96.5-103. A metropolitan district may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel. This subsection (6)(g) does not confer upon a unit owner a right to place a rain barrel at, or to connect a rain barrel to, any property that is:

(I)  Leased, except with permission of the lessor;


(II)  A common element or a limited common element of a common interest

community, as those terms are defined in section 38-33.3-103;

(III)  Owned or maintained by the metropolitan district; or


(IV)  Attached to one or more other units, except with permission of the

owners of the other units.

(h) (I)  The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.


(II)  This subsection (6)(h) does not supersede any of the provisions of an

instrument concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The metropolitan district shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.

(III)  This subsection (6)(h) does not apply to a community qualified as housing

for older persons under the federal Housing for Older Persons Act of 1995, Pub.L. 104-76.

(IV)  The metropolitan district may require the owner or operator of a family

child care home to carry liability insurance, at reasonable levels determined by the board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on any property owned or maintained by the metropolitan district, in the unit where the family child care home is located, or in any other unit subject to an instrument. The metropolitan district shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the metropolitan district is required to carry under the terms of an instrument.

(7) (a)  Notwithstanding any provision in an instrument to the contrary, a

metropolitan district shall not:

(I)  Effectively prohibit renewable energy generation devices, as defined in

section 38-30-168;

(II)  Require the use of cedar shakes or other flammable roofing materials on

a unit; or

(III)  Effectively prohibit the installation or use of an energy efficiency

measure on a unit.

(b)  Subsection (7)(a)(III) of this section does not apply to:


(I)  Reasonable aesthetic provisions that govern the dimensions, placement,

or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, a metropolitan district shall consider:

(A)  The impact of the purchase price and operating costs of the energy

efficiency measure;

(B)  The impact on the performance of the energy efficiency measure; and


(C)  The criteria contained in any instrument.


(II)  Bona fide safety requirements, consistent with an applicable building

code or recognized safety standard, for the protection of persons or property.

(c)  Subsection (7)(a)(III) of this section does not confer upon any unit owner

the right to place an energy efficiency measure on property that is:

(I)  Owned by another person;


(II)  Leased, except with permission of the lessor;


(III)  Collateral for a commercial loan, except with permission of the secured

party;

(IV)  A common element or limited common element of a common interest

community, as those terms are defined in section 38-33.3-103; or

(V)  Owned or maintained by a metropolitan district.


Source: L. 2024: Entire section added, (HB 24-1267), ch. 117, p. 378, � 3,

effective August 7.

C.R.S. § 32-20-103

32-20-103. Definitions. As used in this article 20, unless the context otherwise requires:

(1)  Board means the board of directors of the district.


(1.5)  Commercial building means any real property other than a residential

building containing fewer than five dwelling units and includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.

(2)  District means the Colorado new energy improvement district created in

section 32-20-104 (1).

(3)  District member means a qualified applicant whose application to join the

district, receive reimbursement or a direct payment, and consent to the levying of a special assessment is approved by the district.

(4)  Eligible real property means a residential or commercial building, located

within a county in which the district has been authorized to conduct the program as required by section 32-20-105 (3), on which or in which a new energy improvement to be financed by the district has been or will be completed.

(4.5)  Embodied carbon improvement means one or more installations or

modifications to real property using eligible materials, as defined in section 24-92-118 (2)(b), that result in the reduction of the installation's or modification's embodied emissions as established in policies created by the Colorado energy office, created in section 24-38.5-101, and in consultation with the office of the state architect.

(5)  Energy efficiency improvement means one or more installations or

modifications to eligible real property that are designed to reduce the energy consumption of the property and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and cooling

distribution systems;

(b)  Storm windows and doors, multiglazed windows and doors, heat-absorbing or

heat-reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c)  Automatic energy control systems;


(d)  Heating, ventilating, or air conditioning and distribution system modifications or

replacements in a building;

(e)  Caulking and weatherstripping;


(f)  Replacement or modification of lighting fixtures to increase the energy

efficiency of the system;

(g)  Energy recovery systems;


(h)  Daylighting systems;


(i)  Electric vehicle charging equipment added to the building or its associated

parking area; and

(j)  Any other modification, installation, or remodeling approved as a utility cost-savings measure by the district, including water conservation fixtures, both indoor

and outdoor and for both hot and cold water.

(5.2)  Financing agreement means an agreement between a qualified applicant

and an entity providing private third-party financing pursuant to section 32-20-105 (3)(h).

(6)  Loan balance means the outstanding principal balance of loans secured by a

mortgage or deed of trust with a first or second lien on eligible real property.

(7)  New energy improvement means one or more on-site energy efficiency

improvements, embodied carbon improvements, renewable energy improvements, resiliency improvements, or water efficiency improvements made to eligible real property that will reduce the energy consumption of or add energy produced from renewable energy sources with regard to any portion of the eligible real property.

(8)  Program means the new energy improvement program established by the

district in accordance with section 32-20-105.

(9)  Program administrator or administrator means an entity hired by the district

to administer the program on behalf of the district to the extent specified in a contract between the district and the administrator. Neither the district nor its program administrator shall offer rebates for the purchase of renewable energy credits. The district's activities shall be limited to funding new energy improvements and to marketing that funding.

(10)  Qualified applicant means a person who:


(a)  Repealed.


(b)  Timely submits to the district a complete application, which notes the existence

of any first priority mortgage or deed of trust on the eligible real property and the identity of the holder thereof, to join the district, have the eligible real property included in the district's boundaries, receive reimbursement or a direct payment, and consent to the levying of a special assessment on the property. Within thirty days of a person's submission of an application to the district, the district shall provide written notice to the holder of any first priority mortgage or deed of trust on the eligible real property that the person is participating in the district.

(c)  Meets any standard of credit-worthiness that the district may establish.


(11)  Reimbursement or a direct payment means the payment by the district to a

district member, or on behalf of a district member to a contractor that has completed a new energy improvement to the district member's eligible real property, of all or a portion of the cost of completing a new energy improvement. Utility rebates offered to program participants by a qualifying retail utility for the purpose of compliance with renewable energy targets established in section 40-2-124, C.R.S., are subject to the retail rate impact cap established pursuant to section 40-2-124 (1)(g)(I), C.R.S.

(12)  Renewable energy improvement means one or more fixtures, products,

systems, or devices, or an interacting group of fixtures, products, systems, or devices, that directly benefit eligible real property through a qualified community location, as defined in section 30-20-602 (4.3), C.R.S., enacted by Senate Bill 10-100, enacted in 2010, or that are installed behind the meter of any eligible real property and that produce energy from renewable resources, including but not limited to photovoltaic, solar thermal, small wind, low-impact hydroelectric, biomass, fuel cell, or geothermal systems such as ground source heat pumps, as may be approved by the district; except that no renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this article shall limit the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities or modify or expand the net metering limitations established in sections 40-9.5-118 and 40-2-124 (7), C.R.S. Primary jurisdiction to hear any disputes as to whether a renewable energy improvement interferes with such a right shall lie:

(a)  In the case of a regulated utility, with the public utilities commission; and


(b)  In the case of a municipally-owned electric utility, with the governing body of

the municipality.

(13)  Residential building means an improvement to real property that is designed

for use predominantly as a place of residency. The term also includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.

(13.5) (a)  Resiliency improvement means one or more installations or

modifications to eligible real property, with a useful life not less than ten years, that are designed to improve a property's resiliency by improving the eligible real property's:

(I)  Structural integrity for seismic events;


(II)  Indoor air quality;


(III)  Durability to resist wind, fire, and flooding;


(IV)  Ability to withstand an electrical power outage;


(V)  Storm water control measures, including structural or nonstructural measures

to mitigate storm water runoff;

(VI)  Ability to mitigate the effects of extreme temperatures; and


(VII)  Ability to mitigate any other environmental hazard identified by the Colorado

department of public health and environment.

(b)  The district shall develop guidelines that detail the requirements for an

installation or modification identified in subsection (13.5)(a) of this section to qualify as a resiliency improvement.

(14)  Special assessment or assessment means a charge levied by the district

against eligible real property specially benefited by a new energy improvement for which the district has made or will make reimbursement or a direct payment that is proportional to the benefit received from the new energy improvement and does not exceed the estimated amount of special benefits received or the full cost of completing the new energy improvement.

(15)  Special assessment bond or bond means any bond, note, interim certificate,

loan agreement, contract, or other evidence of borrowing of the district issued by the district pursuant to this article that is payable, in whole or in part, from revenues generated by special assessments levied as authorized in this article and, at the discretion of the board, from any other legally available source of moneys lawfully pledged for their repayment.

(16) (a)  Water efficiency improvement means one or more installations or

modifications to eligible real property that are designed to improve water efficiency by:

(I)  Reducing water consumption; or


(II)  Conserving or remediating water, in whole or in part, on the eligible real

property.

(b)  The district shall develop guidelines that detail the requirements for an

installation or modification identified in subsection (16)(a) of this section to qualify as a water efficiency improvement.

Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2204, � 1, effective

June 11. L. 2013: (1.5) and (5)(j) added, (4), IP(5), (5)(f), (5)(h), (5)(i), (7), (11), IP(12), and (14) amended, and (10)(a) repealed, (SB 13-212), ch. 347, p. 2013, � 2, effective May 28. L. 2014: (5)(j) amended, (SB 14-171), ch. 195, p. 718, � 1, effective August 6. L. 2023: (5.2), (13.5), and (16) added and (7) amended, (HB 23-1005), ch. 12, p. 34, � 1, effective August 7. L. 2025: IP and (7) amended and (4.5) added, (SB 25-182), ch. 277, p. 1441, � 2, effective August 6.

Cross references: (1)  In 2013, subsections (1.5) and (5)(j) were added, subsection

(4), the introductory portion to subsection (5), subsections (5)(f), (5)(h), (5)(i), (7), and (11), the introductory portion to subsection (12), and subsection (14) were amended, and subsection (10)(a) was repealed by the New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.

(2)  For the legislative declaration in SB 25-182, see section 1 of chapter 277,

Session Laws of Colorado 2025.

C.R.S. § 32-7-111

32-7-111. Designation of services. (1) Subject to local authorization as provided in section 32-7-112, local governing bodies, by resolution, or the people, by petition, or the service authority organizational commission, if such services are not designated by the resolution or petition for formation prior to formation, or the board after formation, may, by resolution, initiate one or more of the following services or combinations thereof:

(a)  Domestic water collection, treatment, and distribution;


(b)  Urban drainage and flood control;


(c)  Sewage collection, treatment, and disposal;


(d)  Public surface transportation;


(e)  Collection of solid waste, but the service authority shall not collect solid

waste except on a finding by the board that existing solid waste collection service is inadequate. Such finding shall be in addition to the concurrent majority requirement of section 32-7-112 (1)(a).

(f)  Disposal of solid waste;


(g)  Parks and recreation;


(h)  Libraries;


(i)  Fire protection;


(j)  Hospitals, including convalescent nursing homes, ambulance services,

and any other health and medical care facilities or services;

(k)  Museums, zoos, art galleries, theaters, and other cultural facilities or

services;

(l)  Housing;


(m)  Weed and pest control;


(n)  Central purchasing, computer services, equipment pool, and any other

management services for local governments, including procurement of supplies; acquisition, management, maintenance, and disposal of property and equipment; legal services; special communication systems; or any other similar services to local governments which are directly related to improving the efficiency or operation of local governments;

(o)  Local gas or electric services or heating and cooling services from

geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat; except that no facilities of a municipally owned utility shall be combined with the facilities of another municipally owned utility without its consent and except that neither the initiation nor rendering of local gas and electric services under this paragraph (o) shall interfere with, impair, or otherwise affect any franchise, certificate of public convenience and necessity, or the services being rendered by any other supplier operating subject to the jurisdiction of the public utilities commission of the state of Colorado;

(p)  Jails and rehabilitation; and


(q)  Land and soil preservation.


(2)  Unless authorized pursuant to section 32-7-112 (2), the services provided

by a service authority shall be provided on a concurrent basis with local jurisdictions. This shall not prohibit a board from contracting with local governments or state government for the provision, construction, or operation of any service by the service authority or state or local government, nor does it prohibit any local government from voluntarily vesting exclusive jurisdiction for the provision of a given service with the service authority.

Source: L. 72: p. 461, � 1. C.R.S. 1963: � 89-25-11. L. 73: p. 997, � 1. L. 75: IP(1)

amended, p. 1299, � 3, effective June 20. L. 81: (1)(o) amended, p. 1457, � 6, effective May 27.

C.R.S. § 35-1-114

35-1-114. Agricultural drought and climate resilience office - creation - grants for agrivoltaic demonstration and research projects - rules - definitions. (1) Legislative declaration. The general assembly hereby:

(a)  Finds that:


(I)  Severe droughts, as well as unaddressed water demands associated with

urban growth, will add pressure to Colorado's already strained water supply in all of Colorado's watersheds;

(II)  More frequent and severe droughts will add pressure to Colorado's

already strained water supply; and

(III)  A strong, prosperous, diverse, and resilient agricultural sector is

fundamental to the fabric of Colorado;

(b)  Determines that:


(I)  Colorado's agricultural producers are stewards of our lands, waters, and

ecosystems, but they cannot shoulder the burden of water scarcity without addressing water-saving measures being implemented and sustained in urban areas; and

(II)  Colorado's agricultural sector is a leader in implementing practices that

build resiliency, conserve our water supplies, provide an economic base for rural communities, and enhance our environment; and

(c)  Declares that:


(I)  Creating the agricultural drought and climate resilience office will

support and elevate producers in their resiliency efforts through nonregulatory, voluntary, and incentive-based programs without negatively impacting the overall rural economic viability of agricultural operations and rural communities; and

(II)  The agricultural drought and climate resilience office can best address

and mitigate agricultural climate-related issues on a wide scale by providing support to and assisting agricultural producers in implementing practices that minimize the impacts of climate change.

(2)  Office created. (a) (I)  There is created in the department the agricultural

drought and climate resilience office. The office may provide voluntary technical assistance, nonregulatory programs, and incentives, including grants, that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate.

(II)  In awarding grants in accordance with the commissioner's rules adopted

pursuant to subsection (3) of this section, the office shall give strong consideration to grant applications that propose using grant money to conduct a new or ongoing demonstration or research project as a means to study the potential, benefits, and tradeoffs of agrivoltaics in the state. Any agrivoltaic study awarded a grant pursuant to this subsection (2)(a)(II) must include findings on the additional costs, including the additional capital and ongoing maintenance costs, for the use of agrivoltaics as compared to traditional photovoltaics. The additional costs must be quantified on both a dollar-per-megawatt and a dollar-per-megawatt-hour basis.

(b)  The office shall advise the commissioner, the Colorado agricultural value-added development board created in section 35-75-203, other state agencies, and

the governor on the impact to agriculture of drought and climate policies and programs.

(c)  The commissioner shall appoint the head of the office.


(3) (a)  Rules. The commissioner may promulgate rules necessary for the

administration of the office's assistance, programs, and incentives, including grants, consistent with this subsection (3). Before promulgating the rules, the commissioner shall convene a stakeholder group, including representatives of organizations whose membership consists of agricultural producers engaged in the production of the top ten agricultural commodities produced in Colorado, members of the state conservation board created in section 35-70-103 (1)(a), and representatives of the solar energy development industry. The stakeholder group shall advise the commissioner as to the needs of the agriculture industry to respond to and mitigate the impacts of climate change on agricultural production and solutions from the solar energy development industry on providing feasible solutions for producing electricity on agricultural lands while contributing ecological and agricultural benefits.

(b)  Assistance, programs, and incentives. (I)  Except for a program,

assistance, incentive, or support administered by the office to address immediate needs as a result of disaster, including wildfire and drought, or that was in existence on January 1, 2021, a program, assistance, incentive, or support administered by the office must include new or ongoing demonstration or research projects to demonstrate or study the use of agrivoltaics to:

(A)  Help prepare for and mitigate the impacts that climate change or

drought have on agriculture;

(B)  Reduce energy costs in agriculture;


(C)  Improve the economic resilience of agricultural producers;


(D)  Minimize negative environmental impacts of photovoltaic energy

production facilities on soil health, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems that are of the greatest conservation need; and

(E)  Provide other statewide environmental benefits, as identified by the

office.

(II)  Grants awarded by the office must pay for implementation of practices to

address and mitigate the impacts of climate change or drought on agriculture or to provide direct adaptation support for impacted agricultural communities, including mental health resources, conflict resolution assistance, and risk-management guidance. A grant award may pay no more than five percent of administrative expenses incurred by an agricultural producer to implement the practices.

(III)  The department shall, at least thirty days before opening the grant

application process, make available, on its website, information related to the grant program to agricultural producers.

(IV)  A grant authorized pursuant to this section must receive final approval

by the commission before a final award can be issued.

(V)  The department shall post on its website all applications for grant

awards. Within fifteen days after awarding a grant, the department shall post on its website the name of the individual or entity receiving a grant, the amount of the grant awarded, the project or projects to be funded by the grant, and the duration of the grant award.

(4)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Agrivoltaics means one or more solar energy generation facilities

directly integrated with agricultural activities, including crop production, grazing, animal husbandry, apiaries, cover cropping to improve soil health or insect habitat benefits or carbon sequestration, or production of agricultural commodities for sale in the retail or wholesale market.

(b)  Office means the agricultural drought and climate resilience office

created in subsection (2) of this section.

Source: L. 2021: Entire section added, (HB 21-1242), ch. 332, p. 2143, � 1,

effective June 24. L. 2023: (1)(c)(II), (2), and (3) amended and (4) added, (SB 23-092), ch. 218, p. 1125, � 2, effective August 7.

C.R.S. § 35-75-205

35-75-205. Grants, loans and loan guarantees, and equity investments - agriculture value-added cash fund - created - report - definition. (1) (a) Money received by the board from public or private gifts, grants, or donations or from any other source shall be forwarded to the state treasurer and shall be credited to the agriculture value-added cash fund, which fund is hereby created. Money in the fund is continuously appropriated to the board and shall be used for the purpose of preparing criteria and reviewing applications as provided in section 35-75-204 and for financial or technical assistance to agricultural projects, project concepts, and research as approved by the board. All interest earned on the investment of money in the fund shall be credited to the fund. The board may provide or facilitate grants, loans and loan guarantees, and equity investments for agricultural projects, project concepts, or research; except that such grants, loans and loan guarantees, and equity investments shall be limited to two million dollars per project and, of the money transferred to the fund pursuant to subsection (4)(a) of this section, the board shall allocate at least one hundred fifty thousand dollars to research, guidance, technical assistance, feasibility studies, and projects related to agrivoltaics. Grants, loans and loan guarantees, and equity investments may only be provided to feasible projects and for an amount that is the least amount necessary to cause the project to occur, as determined by the board. The board may structure the grants, loans and loan guarantees, and equity investments in a way that facilitates the project and also provides for a compensatory return on investment or loan payment to the board based on the risk of the project. Any money credited to the agriculture value-added cash fund and unexpended at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund or any other fund.

(b)  As used in this section, agrivoltaics means one or more solar energy

generation facilities colocated on the same parcel of land as agricultural production, including crop production, grazing, apiaries, or other production of agricultural commodities for sale in the retail or wholesale market.

(1.5)  Repealed.


(2) (a)  The board, upon application, may:


(I)  Issue certificates of guaranty covering a first loss guarantee up to, but not

more than, twenty-five percent of the loan on a declining principal basis for loans to eligible borrowers, executing a note or other evidence of a loan made for the purpose of a loan made pursuant to this part 2, but not to exceed the amount of two hundred fifty thousand dollars for any eligible borrower; and

(II)  Pay from the fund to an eligible lender up to twenty-five percent of the

amount, on a declining principal basis, of any loss on any guaranteed loan made pursuant to the provisions of this article in the event of default on the loan. Upon payment on the guarantee, the board shall be subrogated to all the rights of the eligible lender.

(b)  The board shall charge for each loan made pursuant to this part 2 a one-time participation fee of one percent of the loan amount, which shall be collected

by the eligible lender at the time of closing and paid to the board. In addition, the board may charge a special loan guarantee fee of up to one percent per annum of the outstanding principal, which fee shall be collected from the eligible borrower by the eligible lender and paid to the board. Moneys collected shall be deposited in the agriculture value-added cash fund.

(c)  Moneys paid to satisfy a defaulted loan made pursuant to this part 2 shall

only be paid out of the agriculture value-added cash fund.

(d)  The total outstanding loans made pursuant to this part 2 shall at no time

exceed an amount which, according to sound actuarial judgment, would allow immediate redemption of at least forty percent of the outstanding loans guaranteed by the fund at any one time.

(e)  The board may make financial arrangements for an eligible business to

purchase an existing, established development facility.

(f)  The department shall, as part of the administration of the agriculture

value-added development fund program created in this part 2, establish market promotion activities and may apply to the board to support such activities through disbursements from the fund.

(3)  In any given year, at least ten percent of the funds granted to rural

agricultural projects and project concepts shall be awarded in response to grant requests of fifty thousand dollars or less. No single rural agricultural project or project concept shall receive more than two hundred thousand dollars in grant awards from the board.

(4)  Repealed.


Source: L. 2001: Entire part added, p. 626, � 2, effective May 30. L. 2006:

(1.5) added, p. 1742, � 3, effective June 6. L. 2007: (1) amended, p. 944, � 3, effective May 17. L. 2008: (1.5)(a) amended, p. 1873, � 12, effective June 2. L. 2009: (1.5) amended, (SB 09-124), ch. 256, p. 1162, � 1, effective July 1. L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2034, � 5, effective July 1. L. 2012: (1.5) amended, (HB 12-1334), ch. 219, p. 938, � 1, effective July 1. L. 2021: (1) amended and (4) added, (SB 21-235), ch. 232, p. 1228, � 3, effective June 15.

Editor's note: (1)  Subsection (1.5)(b) provided for the repeal of subsection

(1.5), effective July 1, 2017. (See L. 2012, p. 938.)

(2)  Subsection (4)(c) provided for the repeal of subsection (4), effective July

1, 2023. (See L. 2021, p. 1228.)

Cross references: For the legislative declaration in SB 21-235, see section 1

of chapter 232, Session Laws of Colorado 2021.

PRODUCE SAFETY

ARTICLE 77

Produce Safety

C.R.S. § 36-1-147.5

36-1-147.5. Leasing arrangements for renewable energy resources development - legislative declaration - definitions. (1) The general assembly hereby finds and declares that some of the public lands under the direction, control, and disposition of the state board of land commissioners are viable for development of renewable energy resources and therefore are of unique economic value to the state for the funding of public schools.

(2)  As used in this section, unless the context otherwise requires:


(a)  Biomass means:


(I)  Nontoxic plant matter consisting of agricultural crops or their by-products, urban wood waste, mill residue, slash, or brush;


(II)  Animal wastes and products of animal wastes; or


(III)  Methane produced at landfills or as a by-product of the treatment of

wastewater residuals.

(b)  Renewable energy resources means energy derived from solar, wind,

geothermal, biomass, and hydroelectricity. A fuel cell using hydrogen derived from these eligible resources is also an eligible electric generation technology. Fossil and nuclear fuels and their derivatives are not eligible resources.

(3) (a)  The state board of land commissioners shall examine property

currently under the direction, control, and disposition of the board to identify land suitable and appropriate for development of renewable energy resources. In identifying such property, the board shall collaborate with the national renewable energy laboratory, university of Colorado, Colorado state university, and Colorado school of mines. The board shall also work with federal land management agencies to pursue any state and federal collaboration for the development of renewable energy resources.

(b) and (c)  Repealed.


(4)  The state board of land commissioners shall collaborate with the

Colorado energy office created in section 24-38.5-101, C.R.S., to ensure that potential renewable energy resource developers are aware of any lands identified by the board as being suitable for development of renewable energy resources.

(5)  The state board of land commissioners may lease any portion of the land

of the state, or any interest therein, for the purposes of developing renewable energy resources at a rental to be determined by the board, except as provided in sections 36-1-113, 36-1-118, and 36-1-147.

(6)  The leasing arrangements for renewable energy resources development

authorized by subsection (5) of this section shall include provisions for:

(a)  Royalties on the energy produced through the renewable energy

resources; and

(b)  The protection of the environment, including but not limited to wildlife

habitat, air quality, ground and surface water quality, and land surface.

(7)  All existing leases on state lands for the development of renewable

energy resources are hereby validated as though they had been issued pursuant to the authority of this section.

Source: L. 2007: Entire section added and (3) amended, pp. 621, 622, �� 3, 4,

effective August 3. L. 2008: (4) amended, p. 72, � 12, effective March 18. L. 2010: (3)(c) added, (HB 10-1349), ch. 387, p. 1816, � 3, effective June 8. L. 2012: (4) amended, (HB 12-1315), ch. 224, p. 976, � 41, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 112, effective August 7.

Editor's note: (1)  Subsection (3)(b)(II) provided for the repeal of subsection

(3)(b), effective December 1, 2007. (See L. 2007, p. 622.)

(2)  Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective

July 1, 2011. (See L. 2010, p. 1816.)

C.R.S. § 37-60-115

37-60-115. Water studies - rules - reports - definitions - repeal. (1) (a) The Colorado water conservation board is authorized to forthwith make, or cause to be made, a continuous study of the water resources of the state of Colorado, and a continuous study of the present and potential uses thereof to the full extent necessary to a unified and harmonious development of all waters for beneficial use in Colorado to the fullest extent possible under the law, including the law created by compacts affecting the use of said water. The studies to be made shall include analyses of the extent to which water may be transferred from one watershed to another within the state without injury to the potential economic development of the natural watershed from which water might be diverted for the development of another watershed.

(b)  In order to assure that the state of Colorado protects its allocation of

interstate waters for current and future beneficial purposes, to achieve optimum development of such waters under significant constraints imposed by federal law and policy, and to achieve efficient and effective management of river systems for recognized beneficial purposes, the board is authorized to expend such moneys as may be allocated, appropriated, or otherwise credited to the Colorado water conservation board construction fund for such projects and programs as may be specifically authorized by the general assembly, including but not limited to development of river basin models within and without the state, policy formulation, interstate negotiations, and water management within the state.

(2)  (Deleted by amendment, L. 96, p. 1223, � 24, effective August 7, 1996.)


(3)  The Colorado water conservation board is further authorized and

directed, after consultation with the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate and consistent with its duties set forth in section 37-90-117 and the provisions of subsections (1) and (2) of this section, to study the state's groundwater resource, particularly that water that may prove to be nontributary, both within the Denver basin and throughout the state, including nontributary groundwater quality.

(4) (a)  The Colorado water conservation board shall compile an inventory of

potential dam and reservoir sites within the state of Colorado.

(b)  The inventory shall be based upon a review of the state engineer's water

rights tabulation and a review of all publicly available published information. Original engineering work or field investigations shall not be performed by the board for the inventory. The inventory shall be compiled and maintained on a computerized information retrieval system which is either a part of or otherwise compatible with the water data bank maintained by the state engineer.

(c)  The following information concerning potential dam and reservoir sites

within the state of Colorado having a capacity of twenty thousand acre-feet or more, or concerning such other sites as the board deems important, shall be included in the inventory:

(I)  The location of a dam site, by river, county, and reference to surveyed

section corners;

(II)  The name of a dam and reservoir site if one is commonly ascribed to it;


(III)  Basic data about a potential dam to the extent such is readily available;


(IV)  The conditional water rights decreed to a site, if any, and their dates of

adjudication and basin ranks;

(V)  If available, an estimate of a reservoir's total active capacity;


(VI)  The potential uses of the water supply which would be developed; and


(VII)  Citations to reference materials and sources for the information

specified in this paragraph (c).

(d)  Utilizing the inventory, the board shall identify potential dam and

reservoir sites, the development of which may be stopped because of ongoing land uses which are encroaching upon needed lands or because of other circumstances.

(e)  The board is authorized to pay for the expenses of periodically updating

and maintaining the inventory of potential dam and reservoir sites for which this section calls using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund.

(5)  Repealed.


(6)  Precipitation harvesting pilot projects. (a)  The board shall, in

consultation with the state engineer, select the sponsors of up to ten new residential or mixed-use developments that will conduct individual pilot projects to collect precipitation from rooftops and impermeable surfaces for nonpotable uses. The purposes of the pilot projects are to:

(I)  Evaluate the technical ability to reasonably quantify the site-specific

amount of precipitation that, under preexisting, natural vegetation conditions, accrues to the natural stream system via surface and groundwater return flows;

(II)  Create a baseline set of data and sound, transferable methodologies for

measuring local weather and precipitation patterns that account for variations in hydrology and precipitation event intensity, frequency, and duration, quantifying preexisting, natural vegetation consumption, measuring precipitation return flow amounts, identifying surface versus groundwater return flow splits, and identifying delayed groundwater return flow timing to receiving streams;

(III)  Evaluate a variety of precipitation harvesting system designs, including

integrated storm water and precipitation harvesting facilities. Notwithstanding the definition of a storm water detention and infiltration facility in section 37-92-602 (8)(b)(I), a pilot project may include a single integrated facility serving the temporary detention or infiltration purposes of a storm water detention and infiltration facility and a precipitation harvesting facility if precipitation captured in the facility for beneficial use, as defined in section 37-92-103 (4), is replaced in accordance with the requirements of subsection (6)(c) of this section and any water captured in the facility that is not the subject of the precipitation harvesting pilot project is managed and released back to the stream system in accordance with the requirements of section 37-92-602 (8).

(IV)  Measure precipitation capture efficiencies;


(V)  Quantify the amount of precipitation that must be augmented to prevent

injury to decreed water rights;

(VI)  Compile and analyze the data collected; and


(VII)  Provide data to allow sponsors to adjudicate permanent augmentation

plans as specified in paragraph (c) of this subsection (6).

(b)  An applicant for a development permit, as that term is defined in section

29-20-103, C.R.S., for a new planned unit development or new subdivision of residential housing or mixed uses may submit an application to the board to become a sponsor of one or more of the ten pilot projects authorized by this section. The board shall establish criteria and guidelines, and update the criteria and guidelines by January 1, 2016, with the goal of incentivizing the submission of applications and applying lessons learned from previously approved pilot projects, for applications and the selection of pilot projects, including the following:

(I)  An application fee and, for pilot projects that are selected, an annual

review fee;

(II)  The information to be included in the application, including a description

of the proposed development and the proposed precipitation harvesting system;

(III)  Selection of pilot projects to represent a range of project sizes and

geographic and hydrologic areas in the state, with no more than three pilot projects being located within any single water division established in section 37-92-201;

(IV)  The requirement that the proposed development meet any applicable

local government water supply requirement through sources other than precipitation harvesting;

(V)  Giving priority to pilot projects that:


(A)  Are located in areas that face renewable water supply challenges; and


(B)  Promote water conservation;


(VI)  Regionally applicable factors that sponsors can use for substitute water

supply plans that specify the amount of precipitation consumed through evapotranspiration of preexisting natural vegetative cover. If an applicant uses the factors, the state engineer shall give the factors presumptive effect, subject to rebuttal. The board need not establish factors for a region until the sponsor of a project located within that region has submitted a minimum of two years of data pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (c) of this subsection (6). A sponsor that makes such a submission shall also submit the data to the board.

(c)  Notwithstanding any limitations regarding phreatophytes or impermeable

surfaces that would otherwise apply pursuant to section 37-92-103 (9) or 37-92-501 (4)(b)(III), each of the ten pilot projects shall:

(I)  During the term of the pilot project, operate according to a substitute

water supply plan, if approved annually by the state engineer pursuant to section 37-92-308 (4) or (5). The pilot project shall be required to replace an amount of water equal to the amount of precipitation captured out of priority from rooftops and impermeable surfaces for nonpotable uses; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by the preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant bears the burden of proving the historic natural depletion; except that the applicant may use applicable regional factors established pursuant to subparagraph (VI) of paragraph (b) of this subsection (6).

(II) (A)  Apply to the appropriate water court for a permanent augmentation

plan prior to completion of the pilot project or file a plan with the state engineer to permanently retire the rainwater collection system, which plan shall be reviewed and approved prior to the cessation of augmentation. As a condition of approving the retirement of a pilot project, the state engineer shall have the authority to require the project sponsor to replace any ongoing delayed depletions caused by the pilot project after the project has ceased. Any such permanent augmentation plan shall entitle the sponsor to consume without replacement only that portion of the precipitation that the sponsor proves by a preponderance of the evidence would not have accrued to a natural stream under preexisting, natural vegetation conditions. The sponsor shall be required to fully augment any precipitation captured out of priority that would otherwise have accrued to a natural stream.

(B)  After a minimum of two years of data collection and upon application to

the appropriate water court for a permanent augmentation plan, the pilot project sponsor shall file an application for approval of a substitute water supply plan pursuant to section 37-92-308 (4). For any substitute supply plan application filed under section 37-92-308 (4), the sponsor shall fully augment any precipitation captured out of priority; except that, in determining the quantity of water required for the substitute water supply plan to replace out-of-priority stream depletions, there is no requirement to replace the amount of historic natural depletion to the waters of the state, if any, caused by preexisting natural vegetative cover evapotranspiration for the surface areas made impermeable and associated with the pilot project. The applicant may use applicable regional factors established pursuant to subparagraph (VI) of paragraph (b) of this subsection (6).

(d)  Each sponsor shall submit an annual preliminary report to the board and

the state engineer summarizing the information set forth in subsection (6)(a) of this section. The board and the state engineer shall brief the water resources and agriculture review committee created in section 37-98-102 on the reported results of the pilot projects by July 1, 2014. Each sponsor shall submit a final report to the board and the state engineer by January 15, 2025. The board and the state engineer shall provide a final briefing to the water resources and agriculture review committee by July 1, 2025.

(e) (I)  This subsection (6) is repealed, effective July 1, 2026.


(II)  This repeal does not affect or otherwise preclude water courts from

adjudicating any application for an augmentation plan pursuant to this subsection (6) that is filed prior to July 1, 2026.

(7)  Repealed.


(8)  Fallowing and leasing pilot projects. (a)  After a period of notice and

comment, the board may, in consultation with the state engineer and upon consideration of any comments submitted, select the sponsors of up to fifteen pilot projects pursuant to the approval process set forth in subsection (8)(f) of this section. The board shall not itself sponsor a pilot project, but the board may provide financial, technical, or other assistance to a pilot project pursuant to the board's other activities and programs. No more than five pilot projects may be located in any one of the major river basins, namely: The South Platte river basin; the Arkansas river basin; the Rio Grande river basin; and the Colorado river basin. Each project may last up to ten years in duration and must demonstrate the practice of:

(I)  Fallowing agricultural irrigation land; and


(II)  Leasing the associated water rights for temporary municipal, agricultural,

environmental, industrial, or recreational use.

(b)  The purpose of the pilot program is to:


(I)  In fallowing irrigated agricultural land for leasing water for temporary

municipal, agricultural, environmental, industrial, or recreational use, demonstrate cooperation among different types of water users, including cooperation among shareholders, ditch companies, water user associations, irrigation districts, water conservancy districts, water conservation districts, and municipalities;

(II)  Evaluate the feasibility of delivering leased water to the temporary

municipal, agricultural, environmental, industrial, or recreational users;

(III)  Provide sufficient data from which the board, in consultation with the

state engineer, can evaluate the efficacy of using a streamlined approach, such as an accounting and administrative tool, for determining:

(A)  Historical consumptive use;


(B)  Return flows;


(C)  The potential for material injury to other water rights; and


(D)  Conditions to prevent material injury; and


(IV)  Demonstrate how to operate, administer, and account for the practice of

fallowing irrigated agricultural land for leasing water for temporary municipal, agricultural, environmental, industrial, or recreational use without causing material injury to other vested water rights, decreed conditional water rights, or contract rights to water.

(c)  The board shall not select a pilot project that involves:


(I)  The fallowing of the same land for more than three years in a ten-year

period;

(II)  The fallowing of more than thirty percent of a single irrigated farm for

more than ten consecutive years;

(III)  The transfer or facilitation of the transfer of water across the continental

divide by direct diversion, exchange, or otherwise; or

(IV)  The transfer or facilitation of the transfer of water out of the Rio Grande

basin by direct diversion, exchange, or otherwise.

(d)  After providing a reasonable opportunity for public comment and

consideration of any comments received, the board, in consultation with the state engineer, shall establish criteria and guidelines including at least the following:

(I)  An application fee and, for selected pilot projects, an annual review fee;


(II)  The information to be included in the application, including a description

of the proposed pilot project;

(III)  The maximum quantity of transferable consumptive water use per year

for any single pilot project;

(IV)  Notwithstanding paragraph (a) of this subsection (8), any geographic

areas that are not eligible for pilot projects;

(V)  A time period of sixty days within which the board receives comments on

the application after providing notice pursuant to the process set forth in paragraphs (e) and (f) of this subsection (8). The comments may include:

(A)  Any claim of injury;


(B)  Any terms and conditions that the person filing a comment believes

should be imposed on the pilot project in order to prevent injury to other water rights, decreed conditional water rights, or contract rights to water; and

(C)  Other information that the person filing the comment believes the board

should consider in reviewing the application.

(VI)  Criteria for a conference between a pilot project applicant, the state

engineer, and owners of water rights or a contract rights to water that file comments on the application, including the following requirements:

(A)  The conference participants must meet within thirty days after final

comments on the application have been submitted;

(B)  At the conference, the conference participants must discuss how the

pilot project could be structured to prevent material injury to other water rights and contract rights to water; and

(C)  Within fifteen days after the conference, the pilot project applicant and

the owners of water rights or contract rights to water must file a joint report with the board and with the state engineer outlining any agreed-upon terms and conditions for the proposed pilot project and explaining the reasons for failing to agree on any terms and conditions for the proposed pilot project if the applicant and the owners fail to reach a full agreement at the conference;

(VII)  Guidelines for the operation and administration of the pilot projects to

assure that a pilot project:

(A)  Will effect only a temporary change in the historical consumptive use of

the water right in a manner that will not cause injury to other water rights, decreed conditional water rights, or contract rights to water; and

(B)  Will not impair compliance with any interstate compact;


(VIII)  Criteria for selecting pilot projects that range in size and complexity;


(IX)  Criteria for selecting pilot projects over a period ending on December 31,

2023, to provide a window for potential pilot project sponsors to apply;

(X)  A requirement that a proposed pilot project:


(A)  Meet applicable local government land use requirements;


(B)  Prevent erosion and blowing soils; and


(C)  Comply with local county noxious weed regulations;


(XI)  A requirement that, during the term of the pilot project, land and water

included in a pilot project is not also included in a substitute water supply plan pursuant to section 37-92-308 (5) or (7), an interruptible water supply agreement pursuant to section 37-92-309, or another pilot project;

(XII)  A requirement for periodic reports to the board on the operation of the

pilot project; and

(XIII)  A requirement that priority is given to pilot projects that can be

implemented using existing infrastructure.

(e) (I)  For approval of a pilot project, the applicant must provide written

notice of the application, including, at a minimum:

(A)  A description of the proposed pilot project;


(B)  An analysis of the historical use, the historical consumptive use, and the

historical return flows of the water rights or contract rights to water proposed to be used for temporary municipal, agricultural, environmental, industrial, or recreational use; and

(C)  A description of the source of water to be used to replace historical

return flows during the pilot project and after completion of the pilot project; and

(II)  The applicant must provide the written notice by first-class mail or

electronic mail to all parties that have subscribed to the substitute water supply plan notification list, as described in section 37-92-308 (6) for the division or divisions in which the water right is located and in which it will be used. The applicant must file proof of the written notice with the board.

(f)  After consideration of the comments and any conference reports

submitted pursuant to subparagraph (VI) of paragraph (d) of this subsection (8), the board may approve the pilot project application if:

(I)  Within fifteen days after receiving a conference report submitted under

subparagraph (VI) of paragraph (d) of this subsection (8) or, if the board does not receive any comments on the application, within thirty days after the period of time for comments has expired, the state engineer has made a written determination that the operation and administration of the pilot project:

(A)  Will effect only a temporary change in the historical consumptive use of

the water right in a manner that will not cause injury to other water rights, decreed conditional water rights, or contract rights to water; and

(B)  Will not impair compliance with any interstate compact; and


(II)  The board adopts all terms and conditions recommended by the state

engineer.

(g)  When the board approves or denies a pilot project application, it shall

serve a copy of the decision, along with a copy of the state engineer's written determination and any conference reports submitted under subparagraph (VI) of paragraph (d) of this subsection (8), upon all parties to the application by first-class mail or, if elected by the parties, by electronic mail. The board shall mail a copy of the decision, the state engineer's written determination, and any conference reports to the appropriate water clerk.

(h) (I)  Neither the board's approval nor the denial of a pilot project creates

any presumptions, shifts the burden of proof, or serves as a defense in any legal action that may arise concerning the pilot project. The board's approval or denial of a pilot project application and the state engineer's written determination on the application are final agency actions that may be appealed. An appeal pursuant to this subsection (8) must be filed with the appropriate water judge and be made within thirty-five days after the board's decision has been mailed to the appropriate water clerk.

(II)  The water judge shall expedite the appeal, which shall be de novo, and

use the procedures and standards set forth in sections 37-92-304 and 37-92-305 for determination of matters rereferred to the water judge by the referee; except that the water judge shall not deem a party's failure either to appeal all or any part of the board's decision or the state engineer's written determination or to state any grounds for the appeal to preclude the party from raising a claim of injury in a future proceeding before the water judge. The pilot project applicant is deemed to be the applicant for purposes of the procedures and standards that the water judge applies to the appeal.

(i)  The board, in consultation with the state engineer, shall annually report to

the water resources and agriculture review committee, created in section 37-98-102, or its successor committee, on the reported results of the pilot projects. The board, in consultation with the state engineer, shall provide a final report to the water resources and agriculture review committee, or its successor committee, by July 1, 2034, or the year in which the final pilot project is completed, if before 2034.

(j)  This subsection (8) is repealed, effective September 1, 2035.


(9) to (11)  Repealed.


(12) (a)  Study. (I)  The board, in consultation with the state engineer, the

Colorado energy office, and the institute, shall conduct a study to determine the feasibility of the use of floatovoltaics as a means of increasing the beneficial consumptive use of state waters by reducing evaporation from, and lowering temperatures of, irrigation canals and reservoirs upon which floatovoltaic infrastructure is placed. In studying the feasibility of using floatovoltaics, the board shall ensure that any floatovoltaic infrastructure used in the study does not interfere with instream flows, as described in section 37-92-102 (3), or with water rights owners' ability to divert water for beneficial use.

(II)  The board may contract with the institute, a third party, or both to design,

carry out, and analyze the results of the study required in this subsection (12)(a). If the board deems appropriate, the study must be conducted in consideration of and reliance on relevant studies completed in the state and nationally.

(b)  Report. On or before January 1, 2025, the board shall submit a report of

the findings and conclusions of the study to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

(c)  As used in this subsection (12), unless the context otherwise requires:


(I)  Beneficial use has the meaning set forth in section 37-92-103 (4).


(II)  Divert has the meaning set forth in section 37-92-103 (7).


(III)  Floatovoltaics means one or more solar energy generation facilities

placed over or near or floating on irrigation canals or reservoirs in the state.

(IV)  Institute means the Colorado water institute created in section 23-31-801.


(V)  Water right has the meaning set forth in section 37-92-103 (12).


(VI)  Waters of the state has the meaning set forth in section 37-92-103

(13).

Source: L. 53: p. 645, � 1. CRS 53: � 148-1-14. C.R.S. 1963: � 149-1-14. L. 67: p.

294, � 6. L. 85: Entire section amended, p. 1191, � 3, effective June 13; (3) added, p. 1168, � 9, effective July 1. L. 86: (4) added, p. 1079, � 1, effective July 1. L. 88: (4)(e) amended, p. 1236, � 6, effective May 23. L. 92: (1) amended, p. 2282, � 2, effective May 27. L. 96: (2), (4)(a), (4)(d), and (4)(e) amended, p. 1223, � 24, effective August 7. L. 2006: (5) added, p. 1236, � 1, effective May 26. L. 2009: (6) added, (HB 09-1129), ch. 389, p. 2102, � 1, effective June 2. L. 2012: (7) added, (HB 12-1278), ch. 239, p. 1062, � 2, effective May 30. L. 2013: (8) added, (HB 13-1248), ch. 210, p. 879, � 2, effective May 13. L. 2014: (9) added, (SB 14-195), ch. 355, p. 1653, � 1, effective June 6. L. 2015: IP(6)(b), (6)(c)(I), (6)(c)(II)(B), (6)(d), and (6)(e) amended and (6)(b)(VI) added, (HB 15-1016), ch. 236, p. 874, � 1, effective August 5; (8)(a)(II), (8)(b)(I), (8)(b)(II), (8)(b)(IV), IP(8)(d)(V), (8)(e)(I)(B), IP(8)(f), (IP)(8)(f)(I), and (8)(g) amended, (SB 15-198), ch. 145, p. 439, � 1, effective August 5; (10) added, (HB 15-1013), ch. 235, p. 870, � 1, effective August 5. L. 2016: (10)(g) amended, (SB 16-189), ch. 210, p. 791, � 99, effective June 6; (11) added, (HB 16-1256), ch. 268, p. 1108, � 1, effective June 9. L. 2017: IP(8)(a), (8)(d)(IX), (8)(i), and (8)(j) amended, (HB 17-1219), ch. 188, p. 685, � 1, effective August 9. L. 2018: (7) repealed, (HB 18-1375), ch. 274, p. 1719, � 77, effective May 29. L. 2020: (10)(f) and (10)(g) amended, (SB 20-214), ch. 200, p. 984, � 12, effective June 30. L. 2022: (6)(d), (8)(i), and (10)(f) amended, (SB 22-030), ch. 59, p. 270, � 6, effective August 10. L. 2023: (6)(e) amended, (SB 23-178), ch. 207, p. 1075, � 3, effective August 7; (12) added, (SB 23-092), ch. 218, p. 1130, � 4, effective August 7. L. 2024: IP(6)(a) and (6)(a)(III) amended, (SB 24-148), ch. 58, p. 199, � 1, effective August 7.

Editor's note: (1) Subsection (5)(d) provided for the repeal of subsection (5),

effective July 1, 2008. (See L. 2006, p. 1236.)

(2)  Subsection (9)(e) provided for the repeal of subsection (9), effective July

1, 2017. (See L. 2014, p. 1653.)

(3)  Subsection (11)(h) provided for the repeal of subsection (11), effective July

1, 2018. (See L. 2016, p. 1108.)

(4) (a)  SB 22-030 amended subsection (10)(f), effective August 10, 2022, but

those amendments did not take effect due to the repeal of subsection (10), effective July 1, 2022.

(b)  Subsection (10)(g) provided for the repeal of subsection (10), effective

July 1, 2022. (See L. 2020, p. 984.)

Cross references: For the legislative declaration contained in the 1996 act

amending subsections (2), (4)(a), (4)(d), and (4)(e), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in the 2012 act adding subsection (7), see section 1 of chapter 239, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (8), see section 1 of chapter 210, Session Laws of Colorado 2013.

C.R.S. § 38-30-168

38-30-168. Unreasonable restrictions on renewable energy generation devices or fire-hardened building materials - definitions. (1) (a) A covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable.

(b)  As used in this section, renewable energy generation device means:


(I)  A solar energy device, as defined in section 38-32.5-100.3;


(II)  A wind-electric generator that meets the interconnection standards

established in rules promulgated by the public utilities commission pursuant to section 40-2-124;

(III)  A geothermal energy device; or


(IV)  A heat pump system, as defined in section 39-26-732 (2)(c).


(2)  Subsection (1) of this section does not apply to:


(a) (I)  Aesthetic provisions that impose reasonable restrictions on the

dimensions, placement, or external appearance of a renewable energy generation device and that do not:

(A)  Increase the cost of the device by more than ten percent;


(B)  Decrease the performance or efficiency of the device by more than ten

percent; or

(C)  Require a period of review and approval that exceeds sixty days after the

date of application. If an application for installation of a renewable energy generation device is not denied or returned for modifications within sixty days, it is deemed approved. The review process must be transparent; denial of approval must not be arbitrary or capricious; and the basis for any denial must be described in reasonable detail.

(II)  This subsection (2)(a), as amended by House Bill 21-1229, enacted in 2021,

does not apply to an association that includes time share units, as defined in section 38-33-110 (7).

(b)  Bona fide safety requirements, required by an applicable building code or

recognized electrical safety standard, for the protection of persons and property; or

(c)  Reasonable restrictions on the installation and use of wind-electric

generators to reduce interference with the use and enjoyment by residents of property situated near wind-electric generators as a result of the sound associated with the wind-electric generators. Interference with the use and enjoyment of property by residents for the purpose of determining whether a restriction is reasonable shall be determined as a part of the architectural review process as required by the governing documents of the common interest community and shall include consideration of input by the individuals requesting approval from the common interest community to install a wind-electric generator.

(3)  This section shall not be construed to confer upon any property owner

the right to place a renewable energy generation device on property that is:

(a)  Owned by another person;


(b)  Leased, except with permission of the lessor;


(c)  Collateral for a commercial loan, except with permission of the secured

party; or

(d)  A limited common element or general common element of a common

interest community.

(4)  In any litigation involving the significance of an increase in cost of a

renewable energy generation device, for purposes of subparagraph (I) of paragraph (a) of subsection (2) of this section, the party that prevails on the issue of the significance of the increase shall be entitled to its reasonable attorney fees and costs incurred in litigating that issue. This subsection (4) shall not be construed to limit or prohibit an award of attorney fees or costs on other grounds or in connection with other issues.

(5) (a)  A covenant, restriction, or condition contained in any deed, contract,

security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property that explicitly or effectively prohibits or restricts the installation, use, or maintenance of fire-hardened building materials is void and unenforceable. This subsection (5) does not apply to bona fide safety requirements required by an applicable building code for the protection of persons and property.

(b)  Nothing in this subsection (5):


(I)  Prohibits or restricts a unit owners' association from:


(A)  Adopting and enforcing reasonable standards regarding the design,

dimensions, placement, or external appearance of fire-hardened building materials used for fencing at a unit owner's property in accordance with section 38-33.3-106.5 (3)(c); or

(B)  Adopting bona fide safety requirements that are consistent with

applicable building codes or nationally recognized safety standards; or

(II)  Confers upon a property owner, unit owner, or lessee the right to

construct or place fire-hardened building materials on property that is:

(A)  Owned by another person;


(B)  Leased, except with permission of the lessor; or


(C)  A limited common element or general common element of a common

interest community.

(c)  As used in this subsection (5):


(I)  Common element means common elements as defined in section 38-33.3-103 (5).


(II)  Common interest community has the meaning set forth in section 38-33.3-103 (8).


(III)  Fire-hardened building materials has the meaning set forth in section

38-33.3-106.5 (3)(e)(I).

(IV)  Unit owner has the meaning set forth in section 38-33.3-103 (31).


(V)  Unit owners' association means an association as defined in section

38-33.3-103 (3).

Source: L. 79: Entire section added, p. 1396, � 4, effective May 25. L. 2008:

Entire section amended, p. 617, � 1, effective August 5. L. 2021: IP(2) and (2)(a) amended, (HB 21-1229), ch. 409, p. 2708, � 2, effective September 7. L. 2022: (1)(b) amended, (SB 22-118), ch. 335, p. 2373, � 10, effective August 10. L. 2023: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 23-016). ch. 165, p. 740, � 10, effective August 7. L. 2024: (5) added, (HB 24-1091), ch. 24, p. 67, � 1, effective March 12.

C.R.S. § 38-32-105

38-32-105. Estates affected. The provisions of this article shall be applicable to such estates, rights, and interests created in areas above the surface of the ground, whether such estates, rights, and interests were created prior to or after March 12, 1953.

Source: L. 53: p. 203, � 5. CRS 53: � 118-12-5. C.R.S. 1963: � 118-12-5.

ARTICLE 32.5

Solar Easements

38-32.5-100.3.  Definitions.  As used in this article, unless the context

otherwise requires:

(1)  Solar easement means the right of receiving sunlight across real

property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of land or sky space.

(2)  Solar energy device means a solar collector or other device or a

structural design feature of a structure which provides for the collection of sunlight and which comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy.

Source: L. 79: Entire section added, p. 1395, � 1, effective May 25.


38-32.5-101.  Solar easements - creation.  Any easement obtained for the

purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements; except that a solar easement shall not be acquired by prescription.

Source: L. 75: Entire article added, p. 1430, � 1, effective July 18. L. 79: Entire

section amended, p. 1395, � 2, effective May 25.

38-32.5-102.  Contents. (1)  Any instrument creating a solar easement shall

include, but the contents shall not be limited to:

(a)  A description of the vertical and horizontal angles, expressed in degrees

together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the site of the solar energy device, within which the solar easement extends over the real property subject to the solar easement, or any other description which defines the three-dimensional space or the place and time of day in which an obstruction to direct sunlight is prohibited or limited;

(b)  Any terms or conditions or both under which the solar easement is

granted or will be terminated;

(c)  Any provisions for compensation of the owner of the property benefiting

from the solar easement in the event of interference with the enjoyment of the solar easement or compensation of the owner of the property subject to the solar easement for maintaining the solar easement;

(d)  The restrictions placed upon vegetation, structures, and other objects

which would impair or obstruct the passage of sunlight through the easement.

Source: L. 75: Entire article added, p. 1430, � 1, effective July 18. L. 79: (1)(a)

amended and (1)(d) added, p. 1396, � 3, effective May 25.

38-32.5-103.  Enforcement.  In addition to other legal remedies, injunctive

relief may be available if otherwise appropriate for the enforcement of solar easements. Nothing in this section shall be construed to affect legal remedies for the enforcement of other types of easements.

Source: L. 79: Entire section added, p. 1395, � 1, effective May 25.

ARTICLE 33

Condominium Ownership Act

Law reviews: For article, Removing Common Interest Community

Association Board Members, see 51 Colo. Law. 38 (Feb. 2022).

C.R.S. § 38-33-113

38-33-113. License to sell condominiums and time shares. The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.

Source: L. 83: Entire section added, p. 594, � 5, effective May 25.


Cross references: For the licensing of real estate brokers and salespersons,

see article 10 of title 12.

ARTICLE 33.3

Colorado Common Interest Ownership Act

Editor's note: The provisions of this act are based substantially on the

Uniform Common Interest Ownership Act, as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities.

Law reviews: For article, Colorado Common Interest Ownership Act -- How it

is Doing, see 25 Colo. Law. 17 (Nov. 1996); for article, When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?, see 31 Colo. Law. 91 (Jan. 2002); for article, S.B. 05-100 and 06-089 -- Impact on Colorado's Common Interest Communities, see 35 Colo. Law. 57 (Dec. 2006); for article, When Homeowner Associations Borrow What Attorneys and Lenders Should Know, see 44 Colo. Law. 51 (Dec. 2015); for article, Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3), see 46 Colo. Law. 27 (Apr. 2017); for article, Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities: Part 1, see 48 Colo. Law. 28 (Apr. 2019); for article, Condominium Obsolescence: The Final Act or a New Beginning?, see 49 Colo. Law. 42 (Jan. 2020); for article, A Block of Blue Sky, Small Planned Communities in Colorado, see 49 Colo. Law. 53 (Dec. 2020); for article, In 'Case' You Missed It: Recent Real Estate Case Law Highlights, see 50 Colo. Law. 36 (Apr. 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 1, see 50 Colo. Law. 20 (June 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 2, see 50 Colo. Law. 32 (July 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 3, see 50 Colo. Law. 30 (Aug.-Sept. 2021); for article, Removing Common Interest Community Association Board Members, see 51 Colo. Law. 38 (Feb. 2022); for article, The State of Short-Term Rentals in Colorado, see 51 Colo. Law. 34 (Apr. 2022); for article, Terminating Common Interest Communities with Horizontal Boundaries under CCIOA, see 51 Colo. Law. 40 (June 2022); for article, Dirt in the Courts: A Summary of Recent Colorado Real Estate Caselaw, see 52 Colo. Law. 38 (Mar. 2023); for article, Making Up Your Own Rules for Resolving Residential Construction Defect Disputes, see 52 Colo. Law 36 (May 2023).

PART 1

GENERAL PROVISIONS

38-33.3-101.  Short title. This article shall be known and may be cited as the

Colorado Common Interest Ownership Act.

Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.


38-33.3-102.  Legislative declaration. (1)  The general assembly hereby

finds, determines, and declares, as follows:

(a)  That it is in the best interests of the state and its citizens to establish a

clear, comprehensive, and uniform framework for the creation and operation of common interest communities;

(b)  That the continuation of the economic prosperity of Colorado is

dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;

(c)  That it is the policy of this state to give developers flexible development

rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;

(d)  That it is the policy of this state to promote effective and efficient

property management through defined operational requirements that preserve flexibility for such homeowner associations;

(e)  That it is the policy of this state to promote the availability of funds for

financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.

Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.


38-33.3-103.  Definitions. As used in the declaration and bylaws of an

association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:

(1)  Affiliate of a declarant means any person who controls, is controlled by,

or is under common control with a declarant. A person controls a declarant if the person: Is a general partner, officer, director, or employee of the declarant; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant. A person is controlled by a declarant if the declarant: Is a general partner, officer, director, or employee of the person; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.

(2)  Allocated interests means the following interests allocated to each

unit:

(a)  In a condominium, the undivided interest in the common elements, the

common expense liability, and votes in the association;

(b)  In a cooperative, the common expense liability and the ownership interest

and votes in the association; and

(c)  In a planned community, the common expense liability and votes in the

association.

(2.5)  Approved for development means that all or some portion of a

particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.

(3)  Association or unit owners' association means a unit owners'

association organized under section 38-33.3-301.

(4)  Bylaws means any instruments, however denominated, which are

adopted by the association for the regulation and management of the association, including any amendments to those instruments.

(5)  Common elements means:


(a)  In a condominium or cooperative, all portions of the condominium or

cooperative other than the units; and

(b)  In a planned community, any real estate within a planned community

owned or leased by the association, other than a unit.

(6)  Common expense liability means the liability for common expenses

allocated to each unit pursuant to section 38-33.3-207.

(7)  Common expenses means expenditures made or liabilities incurred by

or on behalf of the association, together with any allocations to reserves.

(8)  Common interest community means real estate described in a

declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.

(9)  Condominium means a common interest community in which portions of

the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(10)  Cooperative means a common interest community in which the real

property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit.

(11)  Dealer means a person in the business of selling units for such person's

own account.

(12)  Declarant means any person or group of persons acting in concert

who:

(a)  As part of a common promotional plan, offers to dispose of to a purchaser

such declarant's interest in a unit not previously disposed of to a purchaser; or

(b)  Reserves or succeeds to any special declarant right.


(13)  Declaration means any recorded instruments however denominated,

that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.

(14)  Development rights means any right or combination of rights reserved

by a declarant in the declaration to:

(a)  Add real estate to a common interest community;


(b)  Create units, common elements, or limited common elements within a

common interest community;

(c)  Subdivide units or convert units into common elements; or


(d)  Withdraw real estate from a common interest community.


(15)  Dispose or disposition means a voluntary transfer of any legal or

equitable interest in a unit, but the term does not include the transfer or release of a security interest.

(16)  Executive board means the body, regardless of name, designated in

the declaration to act on behalf of the association.

(16.5)  Horizontal boundary means a plane of elevation relative to a

described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.

(17)  Identifying number means a symbol or address that identifies only one

unit in a common interest community.

(17.5)  Large planned community means a planned community that meets

the criteria set forth in section 38-33.3-116.3 (1).

(18)  Leasehold common interest community means a common interest

community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.

(19)  Limited common element means a portion of the common elements

allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d) for the exclusive use of one or more units but fewer than all of the units.

(19.5)  Map means that part of a declaration that depicts all or any portion

of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.

(20)  Master association means an organization that is authorized to

exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.

(21)  Person means a natural person, a corporation, a partnership, an

association, a trust, or any other entity or any combination thereof.

(21.5)  Phased community means a common interest community in which

the declarant retains development rights.

(22)  Planned community means a common interest community that is not a

condominium or cooperative. A condominium or cooperative may be part of a planned community.

(22.5)  Plat means that part of a declaration that is a land survey plat as set

forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.

(23)  Proprietary lease means an agreement with the association pursuant

to which a member is entitled to exclusive possession of a unit in a cooperative.

(24)  Purchaser means a person, other than a declarant or a dealer, who by

means of a transfer acquires a legal or equitable interest in a unit, other than:

(a)  A leasehold interest in a unit of less than forty years, including renewal

options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or

(b)  A security interest.


(25)  Real estate means any leasehold or other estate or interest in, over, or

under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.

(26)  Residential use means use for dwelling or recreational purposes but

does not include spaces or units primarily used for commercial income from, or service to, the public.

(27)  Rules and regulations means any instruments, however denominated,

which are adopted by the association for the regulation and management of the common interest community, including any amendment to those instruments.

(28)  Security interest means an interest in real estate or personal property

created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.

(29)  Special declarant rights means rights reserved for the benefit of a

declarant to perform the following acts as specified in parts 2 and 3 of this article: To complete improvements indicated on plats and maps filed with the declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the association or any executive board member during any period of declarant control.

(30)  Unit means a physical portion of the common interest community

which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.

(31)  Unit owner means the declarant or other person who owns a unit, or a

lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.

(32)  Vertical boundary means the defined limit of a unit that is not a

horizontal boundary of that unit.

(33)  Xeriscape means the combined application of the seven principles of

landscape planning and design, soil analysis and improvement, hydro zoning of plants, use of practical turf areas, uses of mulches, irrigation efficiency, and appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).

Source: L. 91: Entire article added, p. 1702, � 1, effective July 1, 1992. L. 93: IP,

(8), and (25) amended and (16.5), (19.5), (22.5), and (32) added, p. 642, � 1, effective April 30. L. 94: (17.5) added, p. 2845, � 1, effective July 1; (22.5) amended, p. 1509, � 44, effective July 1. L. 95: (2.5) added, p. 236, � 1, effective July 1. L. 97: (22.5) amended, p. 151, � 2, effective March 28. L. 98: (20) amended, p. 477, � 1, effective July 1. L. 2006: (21.5) added, p. 1215, � 1, effective May 26. L. 2013: (33) added, (SB 13-183), ch. 187, p. 757, � 2, effective May 10.

38-33.3-104.  Variation by agreement. Except as expressly provided in this

article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.


38-33.3-105.  Separate titles and taxation. (1)  In a cooperative, unless the

declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes.

(2)  In a condominium or planned community with common elements, each

unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The valuation of the common elements shall be assessed proportionately to each unit, in the case of a condominium in accordance with such unit's allocated interests in the common elements, and in the case of a planned community in accordance with such unit's allocated common expense liability, set forth in the declaration, and the common elements shall not be separately taxed or assessed. Upon the filing for recording of a declaration for a condominium or planned community with common elements, the declarant shall deliver a copy of such filing to the assessor of each county in which such declaration was filed.

(3)  In a planned community without common elements, the real estate

comprising such planned community may be taxed and assessed in any manner provided by law.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992. L. 93: (1)

and (2) amended, p. 643, � 2, effective April 30.

38-33.3-106.  Applicability of local ordinances, regulations, and building

codes. (1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.

(2)  In condominiums and cooperatives, no zoning, subdivision, or other real

estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.

Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.


38-33.3-106.5.  Prohibitions contrary to public policy - patriotic, political,

or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions. (1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:

(a)  The display of a flag on a unit owner's property, in a window of the unit, or

on a balcony adjoining the unit. The association shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the association may prohibit flags bearing commercial messages. The association may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.

(b)  Repealed.


(c)  The display of a sign by the owner or occupant of a unit on property

within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.

(c.5) (I)  The display of a religious item or symbol on the entry door or entry

door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:

(A)  Threatens public health or safety;


(B)  Hinders the opening or closing of an entry door;


(C)  Violates federal or state law or a municipal ordinance;


(D)  Contains graphics, language, or any display that is obscene or otherwise

illegal; or

(E)  Individually or in combination with other religious items or symbols,

covers an area greater than thirty-six square inches.

(II)  If an association is performing maintenance, repair, or replacement of an

entry door or door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.

(III)  As used in this subsection (1)(c.5), religious item or symbol means an

item or symbol displayed because of a sincerely held religious belief.

(d)  The parking of a motor vehicle by the occupant of a unit on a street,

driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:

(I)  The vehicle has a gross vehicle weight rating of ten thousand pounds or

less;

(II)  The occupant is a bona fide member of a volunteer fire department or is

employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;

(III)  The vehicle bears an official emblem or other visible designation of the

emergency service provider; and

(IV)  Parking of the vehicle can be accomplished without obstructing

emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.

(d.5) (I)  The use of a public right-of-way in accordance with a local

government's ordinance, resolution, rule, franchise, license, or charter provision regarding use of the public right-of-way. Additionally, the association shall not require that a public right-of-way be used in a certain manner.

(II)  As used in this subsection (1)(d.5), local government means a statutory

or home rule county, municipality, or city and county.

(e)  The removal by a unit owner of trees, shrubs, or other vegetation to

create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.

(f)  (Deleted by amendment, L. 2006, p. 1215, � 2, effective May 26, 2006.)


(g)  Reasonable modifications to a unit or to common elements as necessary

to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);

(h) (I)  The right of a unit owner, public or private, to restrict or specify by

deed, covenant, or other document:

(A)  The permissible sale price, rental rate, or lease rate of the unit; or


(B)  Occupancy or other requirements designed to promote affordable or

workforce housing as such terms may be defined by the local housing authority.

(II) (A)  Notwithstanding any other provision of law, the provisions of this

subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).

(B)  The provisions of this paragraph (h) shall not apply to a declarant-controlled community.


(III)  Nothing in subparagraph (I) of this paragraph (h) shall be construed to

prohibit the future owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.

(IV)  Except as otherwise provided in the declaration of the common interest

community, any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.

(i) (I) (A)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant

vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only. This subsection (1)(i)(I)(A), as amended by Senate Bill 23-178, enacted in 2023, applies only to a unit that is a single-family home that shares one or more walls with another unit and does not apply to a unit that is a detached single-family home.

(B)  This subsection (1)(i), as amended by House Bill 21-1229, enacted in 2021,

does not apply to an association that includes time share units, as defined in section 38-33-110 (7).

(II)  This paragraph (i) does not supersede any subdivision regulation of a

county, city and county, or other municipality.

(i.5) (I)  The use of xeriscape, nonvegetative turf grass, or drought-tolerant or

nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner and any right-of-way or tree lawn that is the unit owner's responsibility to maintain. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to drought-tolerant vegetative or nonvegetative landscapes or to vegetable gardens or that regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on property that is subject to the guidelines or rules; except that the guidelines or rules must:

(A)  Not prohibit the use of nonvegetative turf grass in the backyard of a unit

owner's property;

(B)  Not unreasonably require the use of hardscape on more than twenty

percent of the landscaping area of a unit owner's property;

(C)  Allow a unit owner an option that consists of at least eighty percent

drought-tolerant plantings; and

(D)  Not prohibit vegetable gardens in the front, back, or side yard of a unit

owner's property. As used in this subsection (1)(i.5), vegetable garden means a plot of ground or an elevated soil bed in which pollinator plants, flowers, or vegetables or herbs, fruits, leafy greens, or other edible plants are cultivated.

(II)  For the purposes of this subsection (1)(i.5), each association shall select

at least three preplanned water-wise garden designs that are preapproved for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping, as defined in section 37-60-135 (2)(l), which emphasize drought-tolerant and native plants, or be part of a water conservation program operated by a local water provider. Each garden design may be selected from the Colorado state university extension Plant Select organization's downloadable designs list or from a municipality, utility, or other entity that creates such garden designs. An association shall consider a unit owner's use of one of the garden designs selected by the association to be preapproved as complying with the association's aesthetic guidelines and shall allow a unit owner to use reasonable substitute plants when a plant in a design isn't available. Each association shall post on its public website, if any, information concerning preapprovals of garden designs.

(III)  Except as described in subsection (1)(i.5)(IV) of this section, if an

association knowingly violates this subsection (1)(i.5), a unit owner who is affected by the violation may bring a civil action to restrain further violation and to recover up to a maximum of five hundred dollars or the unit owner's actual damages, whichever is greater.

(IV)  Before a unit owner commences a civil action as described in subsection

(1)(i.5)(III) of this section, the unit owner shall notify the association in writing of the violation and allow the association forty-five days after receipt of the notice to cure the violation.

(V)  Nothing in this subsection (1)(i.5) shall be construed to prohibit or restrict

the authority of associations to:

(A)  Adopt bona fide safety requirements consistent with applicable

landscape codes or recognized safety standards for the protection of persons and property;

(B)  Prohibit or restrict changes that interfere with the establishment and

maintenance of fire buffers or defensible spaces; or

(C)  Prohibit or restrict changes to existing grading, drainage, or other

structural landscape elements necessary for the protection of persons and property.

(VI)  Notwithstanding any provision of this section to the contrary, this

subsection (1)(i.5) applies only to a unit that is a single-family detached home and does not apply to:

(A)  A unit that is a single-family attached home that shares one or more

walls with another unit; or

(B)  A condominium.


(j) (I)  The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to

collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.

(II)  This paragraph (j) does not confer upon a resident of a common interest

community the right to place a rain barrel on property or to connect a rain barrel to any property that is:

(A)  Leased, except with permission of the lessor;


(B)  A common element or a limited common element of a common interest

community;

(C)  Maintained by the unit owners' association for a common interest

community; or

(D)  Attached to one or more other units, except with permission of the

owners of the other units.

(III)  A common interest community may impose reasonable aesthetic

requirements that govern the placement or external appearance of a rain barrel.

(k) (I)  The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.


(II)  This subsection (1)(k) does not supersede any of the association's

regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.

(III)  This subsection (1)(k) does not apply to a community qualified as housing

for older persons under the federal Housing for Older Persons Act of 1995, as amended, Pub.L. 104-76.

(IV)  The association may require the owner or operator of a family child care

home located in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the association is required to carry under the terms of the declaration.

(l) (I)  The operation of a home-based business at a unit by the unit owner or a

resident of the unit with the unit owner's permission.

(II)  The operation of a home-based business in a common interest community

must comply with, and an association may adopt and enforce, any reasonable and applicable rules and regulations governing architectural control, parking, landscaping, noise, nuisance, or other matters concerning the operation of a home-based business.

(III)  The operation of a home-based business in a common interest

community must comply with any reasonable and applicable noise or nuisance ordinances or resolutions of the municipality or county where the common interest community is located.

(IV)  As used in this subsection (1)(l), unless the context otherwise requires,

home-based business means a business for which the main office is located at, or the business operations primarily occur at, a unit.

(1.5)  Notwithstanding any provision in the declaration, bylaws, or rules and

regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.

(2)  Notwithstanding any provision in the declaration, bylaws, or rules and

regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.

(3) (a)  Except as provided in subsection (3)(c) of this section, any provision in

the declaration, bylaws, or rules and regulations of an association on March 12, 2024, that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property is void and unenforceable.

(b)  On and after March 12, 2024, except as provided in subsection (3)(c) of

this section, an association shall not:

(I)  Prohibit the installation, use, or maintenance of fire-hardened building

materials on a unit owner's property; or

(II)  Adopt any provision in the declaration, bylaws, or rules and regulations of

the association that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property.

(c)  An association may develop standards that impose reasonable

restrictions on the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing so long as the standards do not:

(I)  Increase the cost of the fencing by more than ten percent compared to

other fire-hardened building materials used for fencing; or

(II)  Require a period of review and approval that exceeds sixty days after the

date on which the application for review is filed. If an application for installation of fire-hardened building materials for fencing is not denied or returned for modifications within sixty days after the application is filed, the application is deemed approved. The review process must be transparent and the basis for denial of an application must be described in reasonable detail and in writing. Denial of an application must not be arbitrary or capricious.

(d)  Nothing in this subsection (3):


(I)  Prohibits or restricts a unit owners' association from adopting bona fide

safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or

(II)  Confers upon a property owner the right to construct or place fire-hardened building materials on property that is:


(A)  Owned by another person;


(B)  Leased, except with permission of the lessor; or


(C)  A limited common element or general common element of a common

interest community.

(e)  As used in this subsection (3):


(I)  Fire-hardened building materials means materials that meet:


(A)  The criteria of ignition-resistant construction set forth in sections 504 to

506 of the most recent version of the International Wildland-Urban Interface Code;

(B)  The criteria for construction in wildland areas set forth in the most recent

version of the NFPA standard 1140, Standard for Wildland Fire Protection, and the criteria for reducing structure ignition hazards from wildland fire set forth in the most recent version of the NFPA standard 1144, Reducing Structure Ignitions from Wildland Fire; or

(C)  The requirements for a wildfire-prepared home established by the IBHS.


(II)  IBHS means the Insurance Institute for Business and Home Safety or its

successor organization.

(III)  NFPA means the National Fire Protection Association or its successor

organization.

(4) (a)  In a subject jurisdiction or an accessory dwelling unit supportive

jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted on or after May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(b)  In a subject jurisdiction or an accessory dwelling unit supportive

jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(c)  Subsections (4)(a) and (4)(b) of this section do not apply to reasonable

restrictions on accessory dwelling units. As used in this subsection (4)(c), reasonable restriction means a substantive condition or requirement that does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit consistent with part 4 of article 35 of title 29.

(d)  As used in this subsection (4), unless the context otherwise requires:


(I)  Accessory dwelling unit has the same meaning as set forth in section

29-35-402 (2).

(II)  Accessory dwelling unit supportive jurisdiction has the same meaning

as set forth in section 29-35-402 (3).

(III)  Subject jurisdiction has the same meaning as set forth in section 29-35-402 (21).


(5) (a)  In a transit center or neighborhood center, an association shall not

adopt a provision of a declaration, bylaw, or rule on or after May 13, 2024, that restricts the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(b)  In a transit center or neighborhood center, no provision of a declaration,

bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.

(c)  As used in this subsection (5), unless the context otherwise requires:


(I)  Local law has the same meaning as set forth in section 29-35-103 (12).


(II)  Neighborhood center has the same meaning as set forth in section 29-35-202 (5).


(III)  Transit center has the same meaning as set forth in section 29-35-202

(9).

(6) (a)  An association shall not prohibit or restrict the construction of

accessory dwelling units or middle housing if the zoning laws of the local jurisdiction would otherwise allow such uses on a property. This subsection (6)(a) applies only to any declaration recorded on or after July 1, 2024, or in any bylaws or rules and regulations of the association adopted or amended on or after July 1, 2024, unless the declaration, bylaws, or rules and regulations contained such a restriction as of May 30, 2024.

(b)  As used in this subsection (6), unless the context otherwise requires:


(I)  Accessory dwelling unit means an internal, attached, or detached

dwelling unit that is located on the same lot as a proposed or existing primary residence.

(II)  Middle housing means a residential structure or structures that include

between two and four separate dwelling units in a structure, a townhome building, or a cottage cluster of up to four units.

Source: L. 2005: Entire section added, p. 1373, � 2, effective June 6. L. 2006:

(1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, � 2, effective May 26. L. 2008: (1)(g) added, p. 556, � 1, effective July 1; (1.5) added, p. 620, � 3, effective August 5. L. 2009: (1)(h) added, (HB 09-1220), ch. 166, p. 732, � 1, effective August 5. L. 2013: (1)(i) added, (SB 13-183), ch. 187, p. 757, � 3, effective May 10. L. 2016: (1)(j) added, (HB 16-1005), ch. 161, p. 511, � 3, effective August 10. L. 2019: (1)(i)(I) amended, (HB 19-1050), ch. 25, p. 84, � 1, effective March 7; (1)(h)(II)(A) amended, (HB 19-1172), ch. 136, p. 1723, � 233, effective October 1. L. 2020: (1)(c.5) added, (HB 20-1200), ch. 188, p. 861, � 3, effective June 30; (1)(k) added, (SB 20-126), ch. 250, p. 1222, � 1, effective September 14. L. 2021: (1)(a) and (1)(c) amended and (1)(b) repealed, (SB 21-1310), ch. 415, p. 2766, � 1, effective September 7; (1)(i)(I) amended, (HB 21-1229), ch. 409, p. 2708, � 3, effective September 7. L. 2022: (1)(k)(I) amended, (HB 22-1295), ch. 123, p. 865, � 123, effective July 1; (1)(d.5) added, (HB 22-1139), ch. 156, p. 985, � 1, effective August 10. L. 2023: (1)(i)(I)(A) amended and (1)(i.5) added, (SB 23-178), ch. 207, p. 1072, � 1, effective August 7. L. 2024: (3) added, (HB 24-1091), ch. 24, p. 68, � 2, effective March 12; (4) added, (HB 24-1152), ch. 167, p. 832, � 6, effective May 13; (5) added, (HB 24-1313), ch. 168, p. 868, � 4, effective May 13; (6) added, (SB 24-174), ch. 290, p. 1974, � 4, effective May 30; (1)(l) added, (SB 24-134), ch. 107, p. 334, � 1, effective August 7.

38-33.3-106.7.  Unreasonable restrictions on energy efficiency measures -

definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.

(b)  As used in this section, energy efficiency measure means a device or

structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. Energy efficiency measure is further limited to include only the following types of devices or structures:

(I)  An awning, shutter, trellis, ramada, or other shade structure that is

marketed for the purpose of reducing energy consumption;

(II)  A garage or attic fan and any associated vents or louvers;


(III)  An evaporative cooler;


(IV)  An energy-efficient outdoor lighting device, including without limitation

a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device;

(V)  A retractable clothesline; and


(VI)  A heat pump system, as defined in section 39-26-732 (2)(c).


(2)  Subsection (1) of this section shall not apply to:


(a)  Reasonable aesthetic provisions that govern the dimensions, placement,

or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:

(I)  The impact on the purchase price and operating costs of the energy

efficiency measure;

(II)  The impact on the performance of the energy efficiency measure; and


(III)  The criteria contained in the governing documents of the common

interest community.

(b)  Bona fide safety requirements, consistent with an applicable building

code or recognized safety standard, for the protection of persons and property.

(3)  This section shall not be construed to confer upon any property owner

the right to place an energy efficiency measure on property that is:

(a)  Owned by another person;


(b)  Leased, except with permission of the lessor;


(c)  Collateral for a commercial loan, except with permission of the secured

party; or

(d)  A limited common element or general common element of a common

interest community.

Source: L. 2008: Entire section added, p. 618, � 2, effective August 5. L.

2021: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (SB 21-246), ch. 283, p. 1675, � 2, effective September 7. L. 2023: (1)(b)(VI) amended, (SB 23-016), ch. 165, p. 740, � 11, effective August 7.

Cross references: For the legislative declaration in SB 21-246, see section 1

of chapter 283, Session Laws of Colorado 2021.

38-33.3-106.8.  Unreasonable restrictions on electric vehicle charging

systems and electric vehicle parking - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that:

(a)  The widespread use of plug-in electric vehicles can dramatically improve

energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;

(b)  Most homes in Colorado, including the vast majority of ne

C.R.S. § 38-35-204

38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:

(a)  Direct any lien claimant and any person who recorded or filed the lien or

document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;

(b)  State that, if the respondent fails to appear at the time and place

specified, the spurious lien or spurious document will be declared invalid and released; and

(c)  State that the court shall award costs, including reasonable attorney

fees, to the prevailing party.

(2)  If, following the hearing on the order to show cause, the court determines

that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.

(3)  If, following the hearing on the order to show cause, the court determines

that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.

Source: L. 97: Entire part added, p. 37, � 1, effective March 20. L. 2012: (1)(a)

amended, (SB 12-175), ch. 208, p. 895, � 170, effective July 1.

Editor's note: Section 38-22.5-110 states that this section applies to liens

asserted pursuant to article 22.5 of this title.

ARTICLE 35.5

Nondisclosure of Information Psychologically

Impacting Real Property

38-35.5-101.  Circumstances psychologically impacting real property - no

duty for broker or salesperson to disclose. (1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:

(a)  That an occupant of real property is, or was at any time suspected to be,

infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or

(b)  That the property was the site of a homicide or other felony or of a

suicide.

(2)  No cause of action shall arise against a real estate broker or salesperson

for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.

Source: L. 91: Entire article added, p. 1636, � 20, effective July 1.

ARTICLE 35.7

Disclosures Required in Connection with

Conveyances of Residential Real Property

38-35.7-101.  Disclosure - special taxing districts - general obligation

indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:

SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.

Source: L. 92: Entire article added, p. 995, � 4, effective July 1. L. 2009: (1)

amended, (SB 09-087), ch. 325, p. 1735, � 7, effective July 1.

38-35.7-102.  Disclosure - common interest community - obligation to pay

assessments - requirement for architectural approval. (1) On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:

THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.

(2) (a)  The obligation to provide the disclosure set forth in subsection (1) of

this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.

(b)  Upon request, the seller shall either provide to the buyer or authorize the

unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.

(3)  This section shall not apply to the sale of a unit that is a time share unit,

as defined in section 38-33-110 (7).

Source: L. 2005: Entire section added, p. 1389, � 19, effective January 1,

1. L. 2006: Entire section R&RE, p. 1225, � 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, � 2, effective January 1, 2013.

   38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.

   (2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.

   (b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.

   (c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.

   (3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.

   (b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:

   (I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;

   (II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and

   (III) Reasonable attorney fees for collection of costs from the seller.

   (c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.

   (4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:

   (a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and

   (b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).

   (5) For purposes of this section, residential real property or property includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.

   Source: L. 2006: Entire section added, p. 712, � 1, effective January 1, 2007. L. 2009: (2)(a) amended, (SB 09-060), ch. 140, p. 601, � 3, effective April 20. L. 2013: (2)(c) and (4) amended, (SB 13-219), ch. 293, p. 1570, � 2, effective August 7. L. 2023: (4) and (5) amended, (SB 23-148), ch. 326, p. 1958, � 5, effective August 7.

   38-35.7-104. Disclosure of potable water source - rules. (1) (a) (I) By January 1, 2008, the real estate commission created in section 12-10-206 shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the source of potable water for the property, which disclosure shall include substantially the following information:

THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:

A WELL;

A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:

NAME:

ADDRESS:

WEB SITE:

TELEPHONE:

NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:

SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.

(II)  On and after January 1, 2008, each listing contract, contract of sale, or

seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article 10 of title 12 shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.

(b)  If the disclosure statement required by paragraph (a) of this subsection

(1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.

(2)  The obligation to provide the disclosure set forth in subsection (1) of this

section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article 10 of title 12 for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.

(3)  For purposes of this section, residential real property means residential

land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.

Source: L. 2007: Entire section added, p. 853, � 1, effective August 3. L.

2019: (1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1724, � 236, effective October 1.

38-35.7-105.  Disclosure of transportation projects - rules. No later than

January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.

Source: L. 2008: Entire section added, p. 1713, � 10, effective June 2. L. 2019:

Entire section amended, (HB 19-1172), ch. 136, p. 1725, � 237, effective October 1.

38-35.7-106.  Solar prewire option - solar consultation. (1) (a)  Every person

that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:

(I)  A residential photovoltaic solar generation system or a residential solar

thermal system, or both;

(II)  Upgrades of wiring or plumbing, or both, planned by the builder to

accommodate future installation of such systems; and

(III)  A chase or conduit, or both, constructed to allow ease of future

installation of the necessary wiring or plumbing for such systems.

(b)  The offer required by subsection (1)(a) of this section must be made in

accordance with the builder's construction schedule for the residence.

(2)  Every person that builds a new single-family detached residence for sale,

whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.

(3)  Repealed.


(4)  Providing the master list of solar installers prepared by the Colorado

solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.

(5)  Repealed.


(6)  Nothing in this section shall preclude a person that builds a new single-family detached residence from:


(a)  Subjecting solar photovoltaic electrical system upgrades to the same

terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of solar

photovoltaic electrical system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that solar

photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.

(7) (a)  This section applies to contracts entered into on or after August 10,

2009, to purchase new single-family detached residences built on or after August 10, 2009.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1,

effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.

38-35.7-107.  Water-smart homes option. (1) (a)  Every person that builds a

new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:

(I)  Repealed.


(II)  If dishwashers or clothes washers are financed, installed, or sold as

upgrades through the home builder, the builder shall offer a model that is qualified pursuant to the federal environmental protection agency's energy star program at the time of offering. Clothes washers shall have a water factor of less than or equal to six gallons of water per cycle per cubic foot of capacity.

(III)  If landscaping is financed, installed, or sold as upgrades through the

home builder and will be maintained by the home owner, the home builder shall offer a landscape design that follows the landscape practices specified in this subparagraph (III) to ensure both the professional design and installation of such landscaping and that water conservation will be accomplished. These best management practices are contained in the document titled Green Industry Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability, 3rd release, and appendix, released in May 2008, or this document's successors due to future inclusion of improved landscaping practices, water conservation advancements, and new irrigation technology. The best management practices specified in this subparagraph (III), through utilization of the proper landscape design, installation, and irrigation technology, accomplish substantial water savings compared to landscape designs, installation, and irrigation system utilization where these practices are not adhered to. The following best management practices and water budget calculator form the basis for the design and installation for the front yard landscaping option if selected by the homeowner as an upgrade:

(A)  Xeriscape: To include the seven principles of xeriscape that provide a

comprehensive approach for conserving water;

(B)  Water budgeting: To include either a water allotment by the water utility

for the property, if offered by the water utility, or a landscape water budget based on plant water requirements;

(C)  Landscape design: To include a plan and design for the landscape to

comprehensively conserve water and protect water quality;

(D)  Landscape installation and erosion control: To minimize soil erosion and

employ proper soil care and planting techniques during construction;

(E)  Soil amendment and ground preparation: To include an evaluation of the

soil and improve it, if necessary, to address water retention, permeability, water infiltration, aeration, and structure;

(F)  Tree placement and tree planting: To include proper soil and space for

root growth and to include proper planting of trees, shrubs, and other woody plants to promote long-term health of these plants;

(G)  Irrigation design and installation: To include design of the irrigation

system for the efficient and uniform distribution of water to plant material and the development of an irrigation schedule;

(H)  Irrigation technology and scheduling: To include water conserving

devices that stop water application during rain, high wind, and other weather events and incorporate evapotranspiration conditions. Irrigation scheduling should address frequency and duration of water application in the most efficient manner; and

(I)  Mulching: To include the use of organic mulches to reduce water loss

through evaporation, reduce soil loss, and suppress weeds.

(IV)  Installation of a pressure-reducing valve that limits static service

pressure in the residence to a maximum of sixty pounds per square inch. Piping for home fire sprinkler systems shall comply with state and local codes and regulations but are otherwise excluded from this subparagraph (IV).

(b)  The offer required by paragraph (a) of this subsection (1) shall be made in

accordance with the builder's construction schedule for the residence. In the case of prefabricated or manufactured homes, construction schedule includes the schedule for completion of prefabricated walls or other subassemblies.

(2)  Nothing in this section precludes a person that builds a new single-family

detached residence from:

(a)  Subjecting water-efficient fixture and appliance upgrades to the same

terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of the

selected options; or

(c)  Stipulating in the purchase agreement or sales contract that water-efficient fixtures and appliances are based on technology available at the time of

installation, such upgrades may not support all water-efficient fixtures or appliances installed at a future date, and the person that builds a new single-family detached residence is not liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate water-efficient fixtures or appliances installed at a future date.

(3)  This section does not apply to unoccupied homes serving as sales

inventory or model homes.

(4)  The upgrades described in paragraph (a) of subsection (1) of this section

shall not contravene state or local codes, covenants, and requirements. All homes, landscapes, and irrigation systems shall meet all applicable national, state, and local regulations.

Source: L. 2010: Entire section added, (HB 10-1358), ch. 398, p. 1892, � 1,

effective January 1, 2011. L. 2011: IP(1)(a)(III) amended, (HB 11-1303), ch. 264, p. 1174, � 89, effective August 10. L. 2014: (1)(a)(I)(B) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, � 3, 6.

Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection

(1)(a)(I), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)

38-35.7-108.  Disclosure of oil and gas activity - rules. (1) (a)  By January 1,

2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:

THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY

FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.

 THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE

GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.

 THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO

THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.

 THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION

REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.

(b)  On and after January 1, 2016, each contract of sale or seller's property

disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).

(2)  The disclosure required by subsection (1) of this section does not create a

duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.

Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1,

effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.

38-35.7-109.  Electric vehicle charging and heating systems - options -

definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:

(I)  An electric vehicle charging system;


(II)  Upgrades of wiring planned by the builder to accommodate future

installation of an electric vehicle charging system; or

(III)  A two-hundred-eight- to two-hundred-forty-volt alternating current

plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.

(b)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.

(c)  A person that builds a new residence for which a buyer is under contract

shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.

(d)  Subsection (1)(a) of this section does not apply to a residence in which the

electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.

(2)  To comply with this section, the offer required by subsection (1) of this

section must be made in accordance with the builder's construction schedule for the residence.

(3)  Nothing in this section precludes a person that builds a new residence

from:

(a)  Subjecting electric vehicle charging system upgrades to the same terms

and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;

(b)  Selecting the contractors that will complete the installation of electric

vehicle charging system upgrades;

(c)  Stipulating in the purchase agreement or sales contract that:


(I)  Electric vehicle charging system upgrades are based on technology

available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and

(II)  The person that builds a new residence is not liable for any additional

upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.

(4)  As used in this section:


(a)  Electric vehicle charging system means:


(I)  An electric vehicle charging system as defined in section 38-12-601 (6)(a)

that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or

(II)  An inductive residential charging system for battery-powered electric

vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.

(b)  Residence means a single-family owner-occupied detached dwelling.


(5) (a)  This section applies to contracts entered into on or after September

14, 2020, to purchase new residences built on or after September 14, 2020.

(b)  This section does not apply to:


(I)  An unoccupied home serving as sales inventory or a model home; or


(II)  A manufactured home as defined in section 24-32-3302 (20).


Source: L. 2020: Entire section added, (HB 20-1155), ch. 193, p. 896, � 3,

effective September 14. L. 2023: (1)(c) amended, (HB 23-1161), ch. 285, p. 1717, � 11, effective August 7.

38-35.7-110.  Disclosure - estimated future property taxes for residences

within the boundaries of a metropolitan district - rules - definition.

(1)  Repealed.


(2)  On and after January 1, 2022, an owner of residential real property that is

located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property, concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:

(a)  A paper copy, electronic copy, or a website page link to the notice to

electors required by section 32-1-809 (1) as most recently prepared and filed by the metropolitan district;

(b)  A paper copy, electronic copy, or a website page link to the service plan

or statement of purpose of the metropolitan district, including any amendments to the service plan, as filed with the division of local government in the department of local affairs;

(c)  A statement in writing disclosing that:


(I)  Pursuant to its service plan, the metropolitan district has authority to

issue up to ____ dollars of debt and, if applicable, that the debt of the district may be repaid through ad valorem property taxes, from a debt service mill levy on all taxable property of the district, or any other legally available revenues of the district;

(II)  The maximum debt service mill levy the metropolitan district is permitted

to impose under the service plan is ____ mills or, if no maximum debt service mill levy is specified in the service plan, a statement that there is no maximum debt service mill levy. If applicable, the statement must also disclose whether the debt service mill levy cap may be adjusted due to changes in the constitutional or statutory method of assessing property tax or in the assessment ratio, or by amendments to the service plan or voter authorizations.

(III)  In addition to imposing a debt service mill levy, the metropolitan district

is also authorized to impose a separate mill levy to generate revenues for general operating expenses. If applicable, the statement must also disclose whether the amount of the general operating expenses mill levy may be increased as necessary, separate and apart from the debt service mill levy cap. In the alternative, if the service plan provides for the aggregate mill levy cap for debt service and general operating expenses combined, the statement must address the applicable aggregate mill levy cap.

(IV)  The metropolitan district may also rely upon various other revenue

sources authorized by law to offset its expenses of capital construction and general operating expenses. Pursuant to Colorado law, the district may impose fees, rates, tolls, penalties, or other charges as provided in title 32. The statement must include that a current fee schedule, if applicable, is available from the metropolitan district.

(V)  Actions by the metropolitan district pursuant to its authority to issue

debt, impose mill levies, and impose fees, rates, tolls, penalties, or other charges may increase costs to residents living in the metropolitan district.

(d)  An estimate of the dollar amount of property taxes levied by the

metropolitan district that are applicable to the property for collection during the year in which the sale occurs, which estimate must include any debt service mill levies that are specified in subsection (2)(c)(II) of this section and any mill levies for general operating expenses that are specified in subsection (2)(c)(III) of this section, shown both as the total mill levy as well as the total dollar amount that could be collected based upon the purchase price of the property, the residential assessment rate, and mill levies that are in effect in the district at the time of the sale; and

(e)  A copy of the most current certificate of taxes due or tax statement

issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.

(3)  In disclosing an estimate of property taxes for purposes of satisfying

subsection (2)(d)(I) of this section, the seller shall calculate the estimate based upon application of the following assumptions:

(a)  The purchase price is considered to be the value of the real property

including the newly constructed residence as reflected in the contract to purchase the property;

(b)  The ratio of valuation for assessment is the same as the residential real

property assessment ratio set forth in section 39-1-104.2 for the property tax year in which the sale occurs; and

(c)  The mill levies are the same as those levied by all taxing entities that are

applicable to the property for the property tax year in which the sale occurs; except that, if the seller has actual knowledge that the total mill levies will change in the next property tax year, the seller shall use the updated information in making the calculation.

(4)  Along with the estimate required by subsection (2) of this section, the

seller shall include, in bold-faced type that is clearly legible, the following statement:

This estimate only provides an illustration of the amount of the new property taxes that may be due and owing after the property has been reassessed and, in some instances, reclassified as residential property. This estimate is not a statement of the actual and future taxes that may be due. First year property taxes may be based on a previous year's tax classification, which may not include the full value of the property and, consequently, taxes may be higher in subsequent years. A seller has complied with this disclosure statement as long as the disclosure is based upon a good-faith effort to provide accurate estimates and information.

(5)  A seller is deemed to have complied with this section as long as the

disclosures required by this section are based upon a good-faith effort to provide accurate estimates and information.

Source: L. 2021: Entire section added, (SB 21-262), ch. 368, p. 2430, � 6,

effective September 7. L. 2022: (2)(e) amended, (SB 22-164), ch. 155, p. 984, � 1, effective May 6. L. 2025: (1) repealed, IP(2) and (2)(d) amended, and (2)(c)(V) added, (HB 25-1219), ch. 290, p. 1491, � 4, effective August 6.

38-35.7-111.  Disclosure - metropolitan district website - residences within

the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.

Source: L. 2023: Entire section added, (SB 23-110), ch. 52, p. 186, � 5,

effective August 7.

38-35.7-112.  Disclosure - elevated radon - rules - definition. (1)  A buyer of

residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.

(2) (a)  Each contract of sale for residential real property must contain the

following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:

The Colorado Department of Public Health and Environment strongly

recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.

Residential real property may present exposure to dangerous levels of

indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.

(b)  Each contract of sale for residential real property or seller's property

disclosure for residential real property must contain the following disclosures:

(I)  Any knowledge the seller has of the residential real property's radon

concentrations, including the following information:

(A)  Whether a radon test or tests have been conducted on the residential

real property;

(B)  The most recent records and reports pertaining to radon concentrations

within the residential real property;

(C)  A description of any radon concentrations detected or mitigation or

remediation performed; and

(D)  Information regarding whether a radon mitigation system has been

installed in the residential real property; and

(II)  An electronic or paper copy of the most recent brochure published by the

department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.

(c)  The real estate commission shall promulgate rules requiring:


(I)  Each contract that is for the purchase and sale of residential real property

and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and

(II)  Each contract for sale or seller's property disclosure for residential real

property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.

(3)  As used in this section:


(a)  Real estate commission means the real estate commission created in

section 12-10-206.

(b)  Residential real property includes:


(I)  A single-family home, manufactured home, mobile home, condominium,

apartment, townhome, or duplex; or

(II)  A home sold by the owner, a financial institution, or the United States

department of housing and urban development.

Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, � 2,

effective August 7.

Cross references: For the legislative declaration in SB 23-206, see section 1

of chapter 356, Session Laws of Colorado 2023.

ARTICLE 36

Torrens Title Registration Act

PART 1

TORRENS TITLE REGISTRATION

C.R.S. § 39-1-102

39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:

(1)  Administrator means the property tax administrator.


(1.1) (a)  Agricultural and livestock products means plant or animal products

in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.

(b)  On and after January 1, 2023, for the purposes of this subsection (1.1),

agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.

(1.3)  Agricultural equipment that is used on the farm or ranch or in a CEA

facility in the production of agricultural products:

(a)  Means any personal property used on a farm or ranch, as defined in

subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and

(b)  Includes:


(I)  Any mechanical system used on the farm or ranch for the conveyance and

storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;

(II)  Silviculture personal property that is designed, adapted, and used for the

planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;

(III)  Any personal property within a facility, whether attached to a building or

not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and

(IV)  Any personal property within a greenhouse, whether attached to the

greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(1.6) (a)  Agricultural land, whether used by the owner of the land or a

lessee, means one of the following:

(I) (A)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.

(B)  A residential improvement shall be deemed to be integral to an

agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.

(II)  A parcel of land that consists of at least forty acres, that is forest land,

that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.

(III)  A parcel of land that consists of at least eighty acres, or of less than

eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.

(IV)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;

(V)  A parcel of land, whether located in an incorporated or unincorporated

area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).

(b) (I)  Except as provided in subparagraph (II) of this paragraph (b), all other

agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.

(II)  On and after January 1, 2015, all other agricultural property includes

greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.

(c)  An assessor must determine, based on sufficient evidence, that a parcel

of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.

(d)  Notwithstanding any other provision of law to the contrary, property that

is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.

(2)  Assessor means the elected assessor of a county, or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.

(2.5)  Bed and breakfast means an overnight lodging establishment,

whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:

(a)  Lodging accommodations are provided for a fee;


(b)  At least one meal per day is provided at no charge other than the fee for

the lodging accommodations; and

(c)  There are not more than thirteen sleeping rooms available for transient

guests.

(3)  Board means the board of assessment appeals.


(3.1)  Commercial lodging area means a guest room or a private or shared

bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.

(3.2)  Conservation purpose means any of the following purposes as set

forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:

(a)  The preservation of land areas for outdoor recreation, the education of

the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or

(b)  The preservation of open space, including farmland and forest land,

where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.

(3.3)  Controlled environment agricultural facility or CEA facility means a

nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

(3.5)  Farm means a parcel of land which is used to produce agricultural

products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.

(3.7)  Fee simple estate means the largest possible estate allowed by law,

an estate that has potentially infinite duration.

(4)  Fixtures means those articles which, although once movable chattels,

have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.

(4.3)  Forest land means land of which at least ten percent is stocked by

forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.

(4.4)  Forest management plan means an agreement which includes a plan

to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.

(4.5)  Forest management practices means practices accepted by

professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.

(4.6)  Forest trees means woody plants which have a well-developed stem

or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.

(5)  Repealed.


(5.5) (a)  Hotels and motels means improvements and the land associated

with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:

(I)  A residential unit, except for a residential unit that is a hotel unit;


(II)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or

(III)  A residential unit that would otherwise be classified as a hotel unit if the

residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.

(IV)  Repealed.


(b)  If any time share estate, time share use period, undivided interest, or

other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:

(I)  The hotel unit owners shall pay the taxes on the hotel unit not required to

be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).

(II)  Each non-hotel unit owner shall pay that portion of the taxes on the hotel

unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.

(III)  For purposes of determining the amount due from any hotel unit owner

or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.

(c)  As used in this subsection (5.5):


(I)  Condominium unit means a unit, as defined in section 38-33.3-103 (30),

C.R.S., and also includes a time share unit.

(II)  Hotel unit owners means any person or member of a group of related

persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.

(III)  Hotel units means more than four residential unit ownership

equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):

(A)  Control means the power to direct the business or affairs of an entity

through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.

(B)  Related persons means individuals who are members of the same

family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.

(IV)  Project means one or more improvements that contain residential units

if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.

(V)  Residential unit means a condominium unit, a single family residence,

or a townhome.

(VI)  Non-hotel unit owner means any owner of a time share estate, time

share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.

(VII)  Residential unit ownership equivalent means:


(A)  In the case of time share units, time share interests or time share use

periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and

(B)  In the case of residential units other than time share units, undivided

interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.

(VIII)  Time share unit means a condominium unit that is divided into time

share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).

(5.6)  Hotels and motels as defined in subsection (5.5) of this section shall

not include bed and breakfasts.

(6)  Household furnishings means that personal property, other than

fixtures, in residential structures and buildings which is not used for the production of income at any time.

(6.2)  Hydroponics means a system in which water soluble primary or

secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.

(6.3)  Improvements means all structures, buildings, fixtures, fences, and

water rights erected upon or affixed to land, whether or not title to such land has been acquired.

(6.8)  Independently owned residential solar electric generation facility

means personal property that:

(a)  Is located on residential real property;


(b)  Is owned by a person other than the owner of the residential real

property;

(c)  Is installed on the customer's side of the meter;


(d)  Is used to produce electricity from solar energy primarily for use in the

residential improvements located on the residential real property; and

(e)  Has a production capacity of no more than one hundred kilowatts.


(7)  (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,

effective August 11, 2010.)

(7.1)  Innkeeper means the owner, operator, or manager of a bed and

breakfast.

(7.2)  Inventories of merchandise and materials and supplies which are held

for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:

(a)  Such inventory is in the possession of the manufacturer after having

previously been leased by the manufacturer to a customer; and

(b)  Such manufacturer has not designated such inventory for scrapping,

substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.

(7.5)  Repealed.


(7.7)  Livestock includes all animals.


(7.8)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the residential site of the completed home;

(b)  Is designed and used for residential occupancy in either temporary or

permanent locations;

(c)  Is constructed in compliance with the National Manufactured Housing

Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;

(d)  Does not have motive power;


(e)  Is not licensed as a vehicle; and


(f)  Is eligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.

(7.9)  Minerals in place means, without exception, metallic and nonmetallic

mineral substances of every kind while in the ground.

(8)  Mobile home means a manufactured home built prior to the adoption of

the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.

(8.3)  Modular home means any preconstructed factory-built building that:


(a)  Is ineligible for a certificate of title pursuant to part 1 of article 29 of title

38, C.R.S.;

(b)  Is not constructed in compliance with the National Manufactured

Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and

(c)  Is constructed in compliance with building codes adopted by the division

of housing in the department of local affairs.

(8.4)  Natural cause means fire, explosion, flood, tornado, action of the

elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.

(8.5)  Not for private gain or corporate profit means the ownership and use

of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.

(8.6) (a)  Nursing home means a nursing care facility, regardless of a

resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.

(b)  As used in this subsection (8.6), nursing care facility means a licensed

health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.

(8.7)  Perpetual conservation easement means a conservation easement in

gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.

(9)  Person means natural persons, corporations, partnerships, limited

liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.

(10)  Personal effects means such personal property as is or may be worn or

carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.

(11)  Personal property means everything that is the subject of ownership

and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.

(12)  Political subdivision means any entity of government authorized by law

to impose ad valorem taxes on taxable property located within its territorial limits.

(12.1)  Repealed.


(12.3) and (12.4)  Repealed.


(12.5)  Professional forester means any person who has received a

bachelor's or higher degree from an accredited school of forestry.

(13)  Property means both real and personal property.


(13.2)  Qualified organization means a qualified organization as defined in

section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.

(13.5)  Ranch means a parcel of land which is used for grazing livestock for

the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.

(14)  Real property means:


(a)  All lands or interests in lands to which title or the right of title has been

acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;

(b)  All mines, quarries, and minerals in and under the land, and all rights and

privileges thereunto appertaining; and

(c)  Improvements.


(14.3)  Residential improvements means a building, or that portion of a

building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.

(14.4) (a) (I)  Residential land means a parcel of land upon which residential

improvements are located. The term also includes:

(A)  Land upon which residential improvements were destroyed by natural

cause after the date of the last assessment as established in section 39-1-104 (10.2);

(B)  Two acres or less of land on which a residential improvement is located

where the improvement is not integral to an agricultural operation conducted on such land; and

(C)  A parcel of land without a residential improvement located thereon, if the

parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.

(II)  Residential land does not include any portion of the land that is used for

any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).

(III)  As used in this subsection (14.4):


(A)  Contiguous means that the parcels physically touch; except that

contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.

(B)  Related improvement means a driveway, parking space, or

improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.

(b) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.

(II)  The residential land classification of the land described in subparagraph

(I) of this paragraph (b) shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;

(B)  The assessor determines that the classification at the time of

destruction, demolition, or relocation as a result of a natural cause was erroneous; or

(C)  A change of use has occurred. For purposes of this sub-subparagraph (C),

a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.

(c) (I)  Notwithstanding section 39-1-103 (5)(c) and except as provided in

subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.

(II)  The residential land classification of the land described in subsection

(14.4)(c)(I) of this section shall change according to current use if:

(A)  A new residential improvement or part of a new residential improvement

is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;

(B)  The assessor determines that the classification of the land at the time of

the destruction, demolition, or relocation was erroneous; or

(C)  A change of use has occurred. For purposes of this subsection

(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.

(14.5)  Residential real property means residential land and residential

improvements but does not include hotels and motels as defined in subsection (5.5) of this section.

(15)  Repealed.


(15.5) (a)  School means:


(I)  An educational institution having a curriculum comparable to that of a

publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or

(II)  An institution that is licensed as a child care center pursuant to part 3 of

article 5 of title 26.5 that is:

(A)  Operated by and as an integral part of a not-for-profit educational

institution that meets the requirements of subparagraph (I) of this paragraph (a); or

(B)  A not-for-profit institution that offers an educational program for not

more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.

(b)  School includes any educational institution that meets the

requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.

(16)  Taxable property means all property, real and personal, not expressly

exempted from taxation by law.

(16.3)  Tiny home means a tiny home, as defined in section 24-32-3302 (35),

that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.

(17)  Treasurer means the elected treasurer of a county or his or her

appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.

(18)  Works of art means those items of personal property that are original

creations of visual art, including, but not limited to:

(a)  Sculpture, in any material or combination of materials, whether in the

round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;

(b)  Paintings or drawings;


(c)  Mosaics;


(d)  Photographs;


(e)  Crafts made from clay, fiber and textiles, wood, metal, plastics, or any

other material, or any combination thereof;

(f)  Calligraphy;


(g)  Mixed media composed of any combination of forms or media; or


(h)  Unique architectural embellishments.


Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.

67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.

Editor's note: (1)  Amendments to subsection (1.6)(a) by House Bill 90-1229

harmonized with House Bill 90-1018.

(2)  Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.


(3)  Amendments to this section by HB 22-1242 and HB 22-1296 were

harmonized.

Cross references: (1)  For the creation of the property tax administrator, see �

39-2-101.

(2)  For the legislative declaration in HB 21-1312, see section 1 of chapter 299,

Session Laws of Colorado 2021.

C.R.S. § 39-22-522

39-22-522. Credit against tax - conservation easements - definitions - repeal. (1) For purposes of this section:

(a)  For income tax years commencing prior to January 1, 2021, taxpayer

means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of this article, a partnership, S corporation, or other similar pass-through entity, estate, or trust that donates a conservation easement as an entity, and a partner, member, and subchapter S shareholder of such pass-through entity.

(b)  For income tax years commencing on or after January 1, 2021, taxpayer

means any person or entity filing a state income tax return or a domestic or foreign corporation subject to the provisions of part 3 of this article 22, a partnership, S corporation, or other similar pass-through entity, estate, trust, nonprofit entity, or an entity that has authority to conduct water activities, as defined by section 37-45.1-102 (3) and created pursuant to article 41, 45, 46, 47, 48, or 50 of title 37, or article 42 of title 7, that conveys a conservation easement in gross pursuant to section 38-30.5-104. A ditch or reservoir company formed pursuant to article 42 of title 7, or otherwise, is entitled to act on its own behalf in granting a conservation easement and earning and transferring tax credits under this section, whether or not any of its shareholders or members are governmental entities.

(2) (a)  For income tax years commencing on or after January 1, 2000, but

prior to January 1, 2014, and, with regard to any credit over the amount of one hundred thousand dollars, for income tax years commencing on or after January 1, 2003, but before January 1, 2032, subject to the provisions of subsections (4) and (6) of this section, there shall be allowed a credit with respect to the income taxes imposed by this article to each taxpayer who donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the taxpayer owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). The credit shall only be allowed for a donation that is eligible to qualify as a qualified conservation contribution pursuant to section 170 (h) of the internal revenue code, as amended, and any federal regulations promulgated in connection with such section. The amount of the credit shall not include the value of any portion of an easement on real property located in another state.

(b)  For income tax years commencing on or after January 1, 2014, but before

January 1, 2032, and, with regard to any credit over the amount of one hundred thousand dollars, for income tax years commencing on or after January 1, 2003, but before January 1, 2032, subject to the provisions of subsections (4) and (6) of this section, there shall be allowed a credit with respect to the income taxes imposed by this article to each taxpayer who donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the taxpayer owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). The credit shall only be allowed for a donation that meets the requirements of section 170 of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in accordance with such section. The amount of the credit shall not include the value of any portion of an easement on real property located in another state.

(2.5)  Notwithstanding any other provision of this section and the

requirements of section 12-15-106, for income tax years commencing on or after January 1, 2011, a taxpayer conveying a conservation easement and claiming a credit pursuant to this section shall, in addition to any other requirements of this section and the requirements of section 12-15-106, submit a claim for the credit to the division of conservation in the department of regulatory agencies. The division must prioritize tax credit applications in the order received. The division must assign each application with the date and time received based on the order in which a completed application was submitted pursuant to section 12-15-106 (5). Incomplete applications do not get priority in the review process. Disapproved applications lose their priority in the review process. After certificates have been issued for credits that exceed an aggregate of twenty-two million dollars for all taxpayers for the 2011 and 2012 calendar years, thirty-four million dollars for the 2013 calendar year, forty-five million dollars for each of the 2014 to 2024 calendar years, and fifty million dollars for each of the 2025 to 2031 calendar years, any claims that exceed the amount allowed for a specified calendar year shall be issued for use in the next year for which the division has not issued credit certificates in excess of the amounts specified in this subsection (2.5). The division shall not issue credit certificates that exceed twenty-two million dollars in each of the 2011 and 2012 calendar years, thirty-four million dollars for the 2013 calendar year, forty-five million dollars for each of the 2014 to 2024 calendar years, and fifty million dollars for each of the 2025 through 2031 calendar years. No claim for a credit is allowed for any income tax year commencing on or after January 1, 2011, unless a certificate has been issued by the division. If all other requirements under section 12-15-106 and this section are met, the right to claim the credit is vested in the taxpayer at the time the credit certificate is issued. In the case of a tax credit certificate issued to a taxpayer who files an income tax return for a tax year other than a calendar year, the credit must be used in the income tax year that begins during the calendar year for which the tax credit certificate is issued.

(2.7)  Notwithstanding any other provision, for income tax years commencing

on or after January 1, 2014, no claim for a credit shall be allowed unless a tax credit certificate is issued by the division of real estate prior to May 30, 2018, or by the division of conservation on or after May 30, 2018, in accordance with sections 12-15-105 and 12-15-106 and, for income tax years commencing on or after January 1, 2014, but prior to January 1, 2022, the taxpayer files the tax credit certificate with the income tax return filed with the department of revenue.

(3)  For conservation easements donated prior to January 1, 2014, in order for

any taxpayer to qualify for the credit provided for in subsection (2) of this section, the taxpayer shall submit the following in a form approved by the executive director to the department of revenue at the same time as the taxpayer files a return for the taxable year in which the credit is claimed:

(a)  A statement indicating whether a deduction was claimed on the

taxpayer's federal income tax return for a conservation easement in gross;

(b)  A statement that reflects the information included in the noncash

charitable contributions form used to claim a deduction for a conservation easement in gross on a federal income tax return and whether the donation was made in order to get a permit or other approval from a local or other governing authority;

(c)  A statement to be made available to the public by the department of

revenue that includes a summary of the conservation purposes as defined in section 170 (h) of the internal revenue code that are protected by the easement; the county, township, and range where the easement is located; the number of acres subject to the easement; the amount of the tax credit claimed; and the name of the organization holding the easement;

(d)  A summary of a qualified appraisal that meets the requirements set forth

in subsection (3.3) of this section; however, if requested by the department of revenue, the taxpayer shall submit the appraisal itself;

(e)  A copy of the appraisal and accompanying affidavit from the appraiser

submitted to the division of real estate in the department of regulatory agencies in accordance with the provisions of section 12-61-719, C.R.S., as said section existed prior to its repeal on July 1, 2013;

(f)  If the holder of the conservation easement is an organization to which the

certification program in section 12-15-104 applies, a sworn affidavit from the holder of the conservation easement in gross that includes the following:

(I)  Repealed.


(II)  An acknowledgment of whether the transaction is part of a series of

transactions by the same donor; and

(III)  An acknowledgment that the holder has reviewed the completed

Colorado gross conservation easement credit schedule to be filed by the taxpayer and that the property is accurately described in the schedule.

(3.3)  The appraisal for a conservation easement in gross donated prior to

January 1, 2014, and for which a credit is claimed shall be a qualified appraisal from a qualified appraiser, as those terms are defined in section 170 (f)(11) of the internal revenue code. The appraisal shall be in conformance with the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation and any other provision of law. The appraiser shall hold a valid license as a certified general appraiser in accordance with the provisions of part 6 of article 10 of title 12. If there is a final determination, other than by settlement of the taxpayer, that an appraisal submitted in connection with a claim for a credit pursuant to this section is a substantial or gross valuation misstatement as such misstatements are defined in section 1219 of the federal Pension Protection Act of 2006, Pub.L. 109-280, the department shall submit a complaint regarding the misstatement to the board of real estate appraisers for disciplinary action in accordance with the provisions of part 6 of article 10 of title 12.

(3.5) (a)  For conservation easements donated prior to January 1, 2014:


(I)  The executive director shall have the authority, pursuant to subsection (8)

of this section, to require additional information from the taxpayer or transferee regarding the appraisal value of the easement, the amount of the credit, and the validity of the credit. In resolving disputes regarding the validity or the amount of a credit allowed pursuant to subsection (2) of this section, including the value of the conservation easement for which the credit is granted, the executive director shall have the authority, for good cause shown and in consultation with the division of conservation and the conservation easement oversight commission created in section 12-15-103 (1), to review and accept or reject, in whole or in part, the appraisal value of the easement, the amount of the credit, and the validity of the credit based upon the internal revenue code and federal regulations in effect at the time of the donation. If the executive director reasonably believes that the appraisal represents a gross valuation misstatement, receives notice of such a valuation misstatement from the division of real estate, or receives notice from the division of real estate that an enforcement action has been taken by the board of real estate appraisers against the appraiser, the executive director shall have the authority to require the taxpayer to provide a second appraisal at the expense of the taxpayer. The second appraisal shall be conducted by a certified general appraiser in good standing and not affiliated with the first appraiser that meets qualifications established by the division of real estate. In the event the executive director rejects, in whole or in part, the appraisal value of the easement, the amount of the credit, or the validity of the credit, the procedures described in sections 39-21-103, 39-21-104, 39-21-104.5, and 39-21-105 shall apply.

(II)  In consultation with the division of conservation and the conservation

easement oversight commission created in section 12-15-103 (1), the executive director shall develop and implement a separate process for the review by the department of revenue of gross conservation easements. The review process shall be consistent with the statutory obligations of the division and the commission and shall address gross conservation easements for which the department of revenue has been informed that an audit is being performed by the internal revenue service. The executive director shall share information used in the review of gross conservation easements with the division. Notwithstanding part 2 of article 72 of title 24, in order to protect the confidential financial information of a taxpayer, the division and the commission shall deny the right to inspect any information provided by the executive director in accordance with this subsection (3.5)(a)(II).

(b) (I)  For conservation easements donated on or after January 1, 2014, and

subject to the restrictions of section 12-15-106 (4), the executive director shall have the authority, pursuant to subsection (8) of this section, to require additional information from the taxpayer or transferee regarding the amount of a credit transferred prior to January 1, 2021, and the validity of the credit. In resolving disputes regarding the validity or the amount of a credit allowed pursuant to subsection (2) of this section, the executive director shall have the authority, for good cause shown, to review and accept or reject, in whole or in part, the amount of the credit and the validity of the credit based upon the internal revenue code and federal regulations in effect at the time of the donation, except those requirements for which authority is granted to the division of conservation, the director of the division of conservation, or the conservation easement oversight commission pursuant to section 12-15-106.

(II)  For tax credit certificates issued by the division for use on or after

January 1, 2021, the transferor and transferee of the tax credit shall jointly file a copy of the written transfer agreement with the division of conservation within thirty days after June 30, 2021, or the date of the transfer, whichever is later. If the credit being transferred was issued for a year other than the year in which it is transferred, the transferor shall further submit a copy of the transferor's DR1305 form for each year from the year for which the credit was issued through the most recent year for which taxes were due. The division shall issue a certificate to the transferee in the amount of the tax credit transferred and, if any amount is retained by the transferor, issue a certificate to the transferor in the amount retained. In no event shall a transferee be allowed to claim an amount greater than the amount specified in the certificate issued to the transferee. The division shall develop a system to track the transfers of tax credits and to certify the ownership of tax credits. A certification issued for use on or after January 1, 2021, by the division of the ownership and amount of tax credits shall be relied upon by the department of revenue and the transferee as being accurate, and neither the division nor the department of revenue shall adjust the amount of tax credits certified by the division as to the transferee; except that the division and department retain any remedies it may have against the landowner. The division may promulgate rules to permit verification of the ownership and amount of the tax credits; except that any rules promulgated shall not unduly restrict or hinder the transfer of the tax credits.

(3.6) (a)  For conservation easements donated on or after January 1, 2014, in

order for any taxpayer to claim the credit provided for in subsection (2) of this section, the taxpayer must submit the following in a form, approved by the executive director, to the department of revenue at the same time as the taxpayer files a return for the taxable year in which the credit is claimed:

(I)  A tax credit certificate issued under section 12-15-106; and


(II)  The information required in subsections (3)(a) and (3)(b) of this section.


(b)  Notwithstanding any other provisions of law, the executive director

retains the authority to administer all issues related to the claim or use of a tax credit for the donation of a conservation easement that are not granted to the director of the division of conservation or the conservation easement oversight commission under section 12-15-106.

(3.7)  If the gain on the sale of a conservation easement in gross for which a

credit is claimed pursuant to this section would not have been a long-term capital gain, as defined under the internal revenue code, if, at the time of the donation, the taxpayer had sold the conservation easement at its fair market value, then the value of the conservation easement in gross for the purpose of calculating the amount of the credit shall be reduced to the taxpayer's tax basis in the conservation easement in gross. The tax basis of a taxpayer in a conservation easement shall be determined and allocated pursuant to sections 170 (e) and 170 (h) of the internal revenue code, as amended, and any federal regulations promulgated in connection with such sections. This subsection (3.7) shall be applied in a manner that is consistent with the tax treatment of qualified conservation contributions under the internal revenue code and the federal regulations promulgated under the internal revenue code.

(3.8)  Repealed.


(4) (a) (I)  For a conservation easement in gross created in accordance with

article 30.5 of title 38, C.R.S., that is donated prior to January 1, 2007, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to one hundred percent of the first one hundred thousand dollars of the fair market value of the donated portion of such conservation easement in gross when created, and forty percent of all amounts of the donation in excess of one hundred thousand dollars; except that in no case shall the credit exceed two hundred sixty thousand dollars per donation.

(II)  For a conservation easement in gross created in accordance with article

30.5 of title 38, C.R.S., that is donated on or after January 1, 2007, and prior to January 1, 2015, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to fifty percent of the fair market value of the donated portion of such conservation easement in gross when created; except that, in no case shall the credit exceed three hundred seventy-five thousand dollars per donation.

(II.5)  For a conservation easement in gross created in accordance with article

30.5 of title 38 that is donated on or after January 1, 2015, but prior to January 1, 2021, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), the credit provided for in subsection (2) of this section shall be an amount equal to seventy-five percent of the first one hundred thousand dollars of the fair market value of the donated portion of such conservation easement in gross when created, and fifty percent of all amounts of the donation in excess of one hundred thousand dollars; except that in no case shall the credit exceed five million dollars per donation. Credits shall be issued in increments of no more than one million five hundred thousand dollars per year. Credits for easements donated in a prior year shall be eligible for tax credit certificates in subsequent years in order of application and before new applications and those credit applications, if any, on the wait list.

(II.7)  For a conservation easement in gross created in accordance with article

30.5 of title 38 that is donated to a governmental entity or a charitable organization described in section 38-30.5-104 (2), the credit provided for in subsection (2) of this section is an amount equal to:

(A)  For conservation easements donated on or after January 1, 2021, but

before January 1, 2027, ninety percent of the fair market value of the donated portion of such conservation easement in gross when created; except that in no case shall the credit exceed five million dollars per donation; and

(B)  For conservation easements donated on or after January 1, 2027, eighty

percent of the fair market value of the donated portion of such conservation easement in gross when created; except that, in no case shall the credit exceed five million dollars per donation.

(II.8)  Credits shall be issued in increments of no more than one million five

hundred thousand dollars per year. Credits for easements donated in a prior year are eligible for tax credit certificates in subsequent years in order of application.

(III)  In no event shall a credit claimed by a taxpayer filing a joint federal

return, or the sum of the credits claimed by taxpayers who may legally file a joint federal return but actually file separate federal returns, exceed the dollar limitations of this paragraph (a).

(b) (I)  For income tax years commencing on or after January 1, 2000, in the

case of a joint tenancy, tenancy in common, partnership, S corporation, or other similar entity or ownership group that donates a conservation easement as an entity or group, the amount of the credit allowed pursuant to subsection (2) of this section must be allocated to the entity's owners, partners, members, or shareholders in proportion to the owners', partners', members', or shareholders' distributive shares of income or ownership percentage from such entity or group.

(II) (A)  For income tax years commencing on or after January 1, 2000, but

prior to January 1, 2003, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed one hundred thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such partners, members, and shareholders shall not exceed twenty thousand dollars for that income tax year.

(B)  For income tax years commencing on or after January 1, 2003, but prior to

January 1, 2007, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed two hundred sixty thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.

(C)  For income tax years commencing on or after January 1, 2007, and prior

to January 1, 2015, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed three hundred seventy-five thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.

(D)  For income tax years commencing on or after January 1, 2015, but before

January 1, 2027, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed five million dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.

(E)  For income tax years commencing on or after January 1, 2027, the total

aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed five million dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed two hundred thousand dollars for that income tax year.

(5) (a)  If the tax credit provided in this section exceeds the amount of income

tax due on the income of the taxpayer for the taxable year, the amount of the credit not used as an offset against income taxes in said income tax year and not refunded pursuant to paragraph (b) of this subsection (5) may be carried forward and applied against the income tax due in each of the twenty succeeding income tax years but shall be first applied against the income tax due for the earliest of the income tax years possible. Any amount of the credit that is not used after said period shall not be refundable.

(b) (I)  Subject to the requirements specified in subparagraphs (II) and (III) of

this paragraph (b), for income tax years commencing on or after January 1, 2000, if the amount of the tax credit allowed in or carried forward to any tax year pursuant to this section exceeds the amount of income tax due on the income of the taxpayer for the year, the taxpayer may elect to have the amount of the credit not used as an offset against income taxes in said income tax year refunded to the taxpayer.

(II) (A)  Before January 1, 2027, a taxpayer may elect to claim a refund

pursuant to subsection (5)(b)(I) of this section only if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, the controller certifies that the amount of state revenues for the state fiscal year ending in the income tax year for which the refund is claimed exceeds the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution and the voters statewide either have not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year.

(B)  This subsection (5)(b)(II) is repealed, effective December 31, 2031.


(III)  If any refund is claimed pursuant to subsection (5)(b)(I) of this section,

then the aggregate amount of the refund and amount of the credit used as an offset against income taxes, excluding amounts transferred to or used by a transferee, for that income tax year shall not exceed fifty thousand dollars for that income tax year for income tax years commencing before January 1, 2027, and shall not exceed two hundred thousand dollars for that income tax year for income tax years commencing on or after January 1, 2027. In the case of a partnership, S corporation, or other similar pass-through entity that donates a conservation easement as an entity, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by the partners, members, or shareholders of the entity shall not exceed the dollar limitation set forth in this subsection (5)(b)(III) for that income tax year. Nothing in this subsection (5)(b)(III) shall limit a taxpayer's ability to claim a credit against taxes due in excess of fifty thousand dollars for tax years commencing before January 1, 2027, and two hundred thousand dollars for tax years commencing on or after January 1, 2027, in accordance with subsection (4) of this section.

(6) (a)  For conservation easements donated prior to January 1, 2014, a

taxpayer may claim only one tax credit under this section per income tax year; except that a transferee of a tax credit under subsection (7) of this section may claim an unlimited number of credits. A taxpayer who has carried forward or elected to receive a refund of part of the tax credit in accordance with subsection (5) of this section shall not claim an additional tax credit under this section for any income tax year commencing prior to January 1, 2014, in which the taxpayer applies the amount carried forward against income tax due or receives a refund. A transferor who has transferred a credit to a transferee pursuant to subsection (7) of this section shall not claim an additional tax credit under this section for any income tax year commencing prior to January 1, 2014, in which the transferee uses such transferred credit. Commencing January 1, 2014, a taxpayer may claim one tax credit per year regardless of whether the taxpayer has credits remaining from any prior conservation easement donation.

(b)  For conservation easements donated on or after January 1, 2000, a

taxpayer may claim only one tax credit under this section per income tax year; except that a transferee of a tax credit under subsection (7) of this section may claim an unlimited number of credits.

(7)  For income tax years commencing on or after January 1, 2000, a taxpayer

may transfer all or a portion of a tax credit granted pursuant to subsection (2) of this section to a transferee for such transferee to apply as a credit against the taxes imposed by this article 22 subject to the following limitations:

(a)  The taxpayer may only transfer such portion of the tax credit as the

taxpayer has neither applied against the income taxes imposed by this article nor used to obtain a refund;

(b)  The taxpayer may transfer a pro-rated portion of the tax credit to more

than one transferee;

(c)  A transferee may not elect to have any transferred credit refunded

pursuant to paragraph (b) of subsection (5) of this section;

(d)  Repealed.


(e)  To the extent that a transferee paid value for the transfer of a

conservation easement tax credit to such transferee, the transferee shall be deemed to have used the credit to pay, in whole or in part, the income tax obligation imposed on the transferee under this article, and to such extent the transferee's use of a tax credit from a transferor under this section to pay taxes owed shall not be deemed a reduction in the amount of income taxes imposed by this article on the transferee;

(f)  The transferee shall submit to the department a form approved by the

department. The transferee shall also file a copy of the form with the entity to whom the taxpayer donated the conservation easement.

(g)  A transferee of a tax credit shall purchase the credit prior to the due date

imposed by this article, including any extensions, for filing the transferee's income tax return;

(h)  A tax credit held by an individual either directly or as a result of a

donation by a pass-through entity, but not a tax credit held by a transferee unless used by the transferee's estate for taxes owed by the estate, shall survive the death of the individual and may be claimed or transferred by the decedent's estate. This paragraph (h) shall apply to any tax credit from a donation of a conservation easement made on or after January 1, 2000.

(i)  For a donation made prior to January 1, 2021, the donor of an easement for

which a tax credit is claimed or the transferor of a tax credit claimed for the donation of the easement transferred pursuant to this subsection (7) is the tax matters representative in all matters with respect to the credit. The tax matters representative is responsible for representing and binding the transferees with respect to all issues affecting the credit, including, but not limited to, the charitable contribution deduction, the appraisal, notifications and correspondence from and with the department of revenue, audit examinations, assessments or refunds, settlement agreements, and the statute of limitations. The transferee is subject to the same statute of limitations with respect to the credit as the transferor of the credit.

(j)  For a tax credit claimed for the donation of an easement made prior to

January 1, 2021, final resolution of disputes regarding the tax credit between the department of revenue and the tax matters representative, including final determinations, compromises, payment of additional taxes or refunds due, and administrative and judicial decisions, is binding on transferees.

(7.5) (a)  For income tax years commencing on or after January 1, 2021, in lieu

of a credit with respect to the income taxes imposed by this article 22, there is allowed a transferable expense amount to each qualified entity that donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the qualified entity owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). A transferable expense amount shall be treated in all manners as a tax credit for purposes of this section, including provisions governing the amount, valuation, and transfer of a tax credit; except that the transferable expense amount may only be transferred to a transferee to be claimed by the transferee as a credit pursuant to this section. A qualified entity may transfer a transferable expense amount to be claimed as a credit by a transferee pursuant to this section regardless of whether the qualified entity receives value in exchange for the transfer.

(b)  As used in this subsection (7.5), qualified entity means a governmental

entity that meets the definition of taxpayer as set forth in subsection (1)(b) of this section but is otherwise exempt from the income taxes imposed by this article 22.

(8)  The executive director of the department of revenue may promulgate

rules for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.

(9)  Any taxpayer who claims a credit for the donation of a conservation

easement contrary to the provisions of this section shall be liable for such deficiencies, interest, and penalties as may be specified in this article or otherwise provided by law.

(10) and (11)  Repealed.


(12)  For income tax years commencing on or after January 1, 2024, every

taxpayer exempt from taxes pursuant to section 39-22-112 that claims the credit allowed in this section shall file a return pursuant to section 39-22-601 (7)(b).

(13)  Any transferee who is subject to the tax on insurance premiums

established by sections 10-3-209, 10-5-111, and 10-6-128, and who is therefore exempt from the payment of income tax and who is otherwise eligible to claim a tax credit pursuant to this section may claim the tax credit and carry the tax credit forward against the insurance premium tax to the same extent as the transferee would have been able to claim or carry forward the tax credit against income tax. All other provisions of this section with respect to the tax credit, including the amount and allocation of the tax credit and the years for which the tax credit may be claimed shall apply to a tax credit claimed pursuant to this section.

(14)  For any conservation easement granted on or after January 1, 2025, the

conservation easement may include a provision providing that if technological or legal changes allow an expanded use of wind and solar power generation, transmission, and storage to be compatible with the protection of conservation values considered as a whole and pursuant to section 170 (h) of the internal revenue code and any federal regulations promulgated in connection with such section, then the holder of the conservation easement may, in its sole discretion, approve expanded wind and solar power generation, transmission, or storage that is compatible with and does not diminish or impair conservation values.

(15)  This section is repealed, effective January 1, 2052.


Source: L. 99: Entire section added, p. 976, � 1, effective August 4. L. 2000:

(4), (5), and (6) amended and (7) and (8) added, p. 894, � 1, effective August 2. L. 2001: (1), (2), (3), (4), and (5)(b)(III) amended, p. 395, � 6, effective August 8; (1), (2), (3), (4), (5)(b)(III), (6), (7)(a), (7)(b) amended and (7)(e) and (7)(f) added, p. 901, � 1, effective January 1, 2003. L. 2002: (2) amended and (9) added, p. 510, � 1, effective August 7; (2) amended and (9) added, p. 511, � 2, effective January 1, 2003. L. 2005: (3.5), (7)(g), (7)(h), (7)(i), and (7)(j) added, pp. 1479, 1480, �� 1, 2, effective June 7. L. 2006: (4) amended, p. 822, � 1, effective August 7. L. 2007: (3), (3.5), and (7)(i) amended and (3.3), (10), and (11) added, p. 1228, � 3, effective August 3. L. 2008: (3)(b), (3)(e), IP(3)(f), (3)(f)(I), (3.3), and (3.5) amended and (3.7) added, p. 2316, � 8, effective July 1. L. 2010: (2.5) added, (HB 10-1197), ch. 175, p. 635, � 4, effective August 11. L. 2011: (2.5) amended, (HB 11-1300), ch. 193, p. 753, � 4, effective May 19. L. 2013: (2), (2.5), IP(3), (3.3), (3.5), (6), (10), and (11) amended and (2.7) and (3.6) added, (SB 13-221), ch. 251, p. 1330, � 9, effective August 7; (2.5) amended, (HB 13-1183), ch. 252, p. 1338, � 2, effective August 7. L. 2014: (4)(a)(III) amended, (SB 14-019), ch. 10, p. 99, � 6, effective February 27; (2.5), (2.7), (3)(e), IP(3)(f), (3.3), (3.5), (3.6)(a)(I), and (3.6)(b) amended, (SB 14-117), ch. 385, p. 1919, � 8, effective July 1. L. 2015: (4)(a)(II) amended and (4)(a)(II.5) added, (SB 15-206), ch. 272, p. 1086, � 1, effective June 4. L. 2017: IP(3)(f) amended and (3)(f)(I) repealed, (SB 17-294), ch. 264, p. 1414, � 108, effective May 25. L. 2018: (2.5), (2.7), IP(3)(f), (3.5), (3.6)(a)(I), (3.6)(b), and (7)(g) amended and (3.8) added, (HB 18-1291), ch. 273, p. 1689, � 6, effective May 29. L. 2019: (2.7), (3.3), and (4)(a)(II.5) amended and (3.8) repealed, (HB 19-1264), ch. 420, p. 3678, � 8, effective June 30; (2.5), (2.7), IP(3)(f), (3.3), (3.5), (3.6)(a)(I), and (3.6)(b) amended, (HB 19-1172), ch. 136, p. 1729, � 255, effective October 1. L. 2021: (1), (2.7), (3.5)(b), (3.6), (4)(a)(II.5), (4)(b), (5)(b)(III), (6), IP(7), (7)(i), and (7)(j) amended, (4)(a)(II.7) and (7.5) added, and (7)(d), (10), and (11) repealed, (HB 21-1233), ch. 385, p. 2578, � 4, effective June 30. L. 2024: (2)(a), (2)(b), (2.5), (4)(a)(II.7), (4)(b)(II)(D), (5)(b)(II), and (5)(b)(III) amended and (4)(a)(II.8), (4)(b)(II)(E), (13), (14), and (15) added, (SB 24-126), ch. 211, p. 1291, � 7, effective August 7; (12) added, (HB 24-1036), ch. 373, p. 2536, � 34, effective August 7.

Editor's note: (1)  Subsections (2), (4), and (5)(b)(III) were amended in House

Bill 01-1364. Those amendments were superseded by the amendments to said subsections in House Bill 01-1090, effective January 1, 2003.

(2)  Amendments to subsection (2.5) by House Bill 13-1183 and Senate Bill 13-221 were harmonized.


(3)  Section 9 of chapter 10 (SB 14-019), Session Laws of Colorado 2014,

provides that changes to this section by the act apply to income tax years commencing on or after January 1, 2013, and any other income tax years that are open under � 39-21-107 or 39-21-108.

(4)  Amendments to subsections (2.7) and (3.3) by HB 19-1172 and HB 19-1264

were harmonized.

Cross references: (1)  For the legislative declaration contained in the 2001

act amending subsections (1), (2), (3), (4), and (5)(b)(III), see section 1 of chapter 133, Session Laws of Colorado 2001.

(2)  For the legislative declaration contained in the 2008 act amending

subsections (3)(b), (3)(e), the introductory portion to subsection (3)(f), subsections (3)(f)(I), (3.3), and (3.5) and enacting subsection (3.7), see section 1 of chapter 448, Session Laws of Colorado 2008.

(3)  For the legislative declaration in the 2013 act amending subsections (2),

(2.5), the introductory portion to subsection (3), and subsections (3.3), (6), (10), and (11) and adding subsections (2.7) and (3.6), see section 1 of chapter 251, Session Laws of Colorado 2013.

(4)  For the legislative declaration in SB 24-126, see section 1 of chapter 211,

Session Laws of Colorado 2024. For the legislative declaration in HB 24-1036, see section 1 of chapter 373, Session Laws of Colorado 2024.

C.R.S. § 39-26-401

39-26-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Biotechnology means:


(a)  The application of technologies to produce or modify products, to

develop microorganisms for specific uses, to identify targets for small pharmaceutical development, or to transform biological systems into useful processes or products; and

(b)  The potential endpoints of the resulting products, processes,

microorganisms, or targets are for improving human or animal health-care outcomes.

(2)  Clean technology means:


(a)  Renewable energy generation technologies, including but not limited to

solar, wind, biofuel, and geothermal energy generation technologies;

(b)  Products and technologies used in renewable energy development and

generation on a commercial scale; or

(c)  Products and technologies that enhance the efficient extraction,

collection, storage, distribution, production, or consumption of energy from any type of source.

(d)  Repealed.


(3)  Medical technology means a therapeutic or diagnostic machine or tool

used to improve human or animal health.

(4)  Qualified biotechnology taxpayer means a C corporation, as defined in

section 39-22-103 (2.5), a partnership, as defined in section 39-22-103 (5.6), a limited liability company that is not a C corporation, an S corporation, as defined in section 39-22-103 (10.5), or a sole proprietorship that purchases, stores, uses, or consumes tangible personal property to be used in Colorado directly and predominately in research and development of biotechnology.

(5)  Qualified medical technology or clean technology taxpayer means a

taxpayer that:

(a)  Is a C corporation, as defined in section 39-22-103 (2.5); a partnership, as

defined in section 39-22-103 (5.6); a limited liability company that is not a C corporation; an S corporation, as defined in section 39-22-103 (10.5); or a sole proprietorship;

(b)  Employs thirty-five or fewer full-time employees in Colorado;


(c)  Is headquartered in Colorado or has more than fifty percent of its

employees in Colorado; and

(d)  Conducts research and development of medical technology or clean

technology.

(6)  Research and development means qualified research as defined by 26

U.S.C. sec. 41 (d)(1).

(7)  Tangible personal property includes capital equipment, instruments,

apparatus, and supplies used in laboratories, including, but not limited to, microscopes, machines, glassware, chemical reagents, computers, computer software, and technical books and manuals.

Source: L. 99: Entire part added, p. 609, � 2, effective May 17. L. 2009: Entire

part amended, (HB 09-1035), ch. 371, p. 2011, � 1, effective August 5. L. 2015: (2)(b), (2)(c), (3), and (5) amended and (2)(d) repealed, (HB 15-1180), ch. 227, p. 845, � 1, effective August 5.

C.R.S. § 39-26-724

39-26-724. Components used to produce energy from a renewable energy source - definitions. (1) (a) For fiscal years commencing on or after July 1, 2006, all sales, storage, and use of components used in the production of alternating current electricity from a renewable energy source, including but not limited to wind, shall be exempt from taxation under parts 1 and 2 of this article.

(b) and (c)  Repealed.


(2)  As used in this section:


(a) and (a.5)  Repealed.


(b) (I)  Components used in the production of alternating current electricity

from a renewable energy source shall include, but shall not be limited to, wind turbines, rotors and blades, solar modules, trackers, generating equipment, supporting structures or racks, inverters, towers and foundations, balance of system components such as wiring, control systems, switchgears, and generator step-up transformers, and concentrating solar power components that include, but are not limited to, mirrors, plumbing, and heat exchangers.

(II)  Components used in the production of alternating current electricity

from a renewable energy source shall not include any components beyond the point of generator step-up transformers located at the production site, labor, energy storage devices, or remote monitoring systems.

(c)  Repealed.


(3)  The purpose of the exemption authorized in this section is to create

additional incentives for developing renewable energy projects not already created by other state or federal law.

Source: L. 2008: Entire section added, p. 1320, � 4, effective May 27. L.

2009: Entire section amended, (HB 09-1126), ch. 254, p. 1148, � 3, effective May 15. L. 2014: (1)(c) and (2)(a.5) added and (2)(a) amended, (HB 14-1159), ch. 229, p. 850, � 1, effective May 17. L. 2022: (1)(b), (2)(a.5), and (2)(c) repealed, (HB 22-1312), ch. 202, p. 1360, � 7, effective August 10. L. 2024: (3) added, (HB 24-1036), ch. 373, p. 2537, � 38, effective August 7.

Editor's note: Subsections (1)(c)(II) and (2)(a)(II) provided for the repeal of

subsections (1)(c) and (2)(a), respectively, effective July 1, 2019. (See L. 2014, p. 850.)

Cross references: For the legislative intent contained in the 2008 act

enacting this section, see section 9 of chapter 302, Session Laws of Colorado 2008. For the legislative declaration contained in the 2009 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 2009. For the legislative declaration in HB 24-1036, see section 1 of chapter 373, Session Laws of Colorado 2024.

C.R.S. § 39-3-102

39-3-102. Household furnishings - exemption. (1) Household furnishings, including free-standing household appliances, wall-to-wall carpeting, an independently owned residential solar electric generation facility, and security devices and systems that are not used for the production of income at any time shall be exempt from the levy and collection of property tax. If any household furnishings are used for the production of income for any period of time during the taxable year, such household furnishings shall be taxable for the entire taxable year. An independently owned residential solar electric generation facility shall not be considered to be used for the production of income unless the facility produces income for the owner of the residential real property on which the facility is located. For property tax purposes only, rebates, offsets, credits, and reimbursements specified in section 40-2-124, C.R.S., shall not constitute the production of income. For purposes of this subsection (1), for property tax purposes only, security devices and systems shall include, but shall not be limited to, security doors, security bars, and alarm systems.

(2)  For property tax years commencing on and after January 1, 1990, no work

of art, as defined in section 39-1-102 (18), which is not subject to annual depreciation and which would otherwise be exempt under this section shall cease to be exempt because it is stored or displayed on premises other than a residence.

Source: L. 89: Entire article R&RE, p. 1470, � 1, effective April 23; entire

section amended, p. 1494, � 1, effective June 8. L. 92: (1) amended, p. 2216, � 4, effective June 2. L. 2010: (1) amended, (HB 10-1267), ch. 425, p. 2199, � 2, effective August 11.

Editor's note: This section is similar to former � 39-3-101 (1)(a) as it existed

prior to 1989.

C.R.S. § 39-3-118.7

39-3-118.7. Community solar garden - partial business personal property tax exemption - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Community solar garden has the same meaning as set forth in section

40-2-127 (2)(b)(I)(A), C.R.S.

(b)  Subscriber has the same meaning as set forth in section 40-2-127

(2)(b)(II), C.R.S.

(2)  For property tax years commencing on and after January 1, 2015, but

before January 1, 2021, there is exempt from the levy and collection of property tax the percentage of alternating current electricity capacity of a community solar garden that is attributed to residential or governmental subscribers, or to subscribers that are organizations that have been granted property tax exemptions pursuant to sections 39-3-106 to 39-3-113.5.

Source: L. 2014: Entire section added, (HB 14-1101), ch. 172, p. 627, � 1,

effective August 6.

C.R.S. § 39-3-122

39-3-122. Agricultural equipment used in production of agricultural products - CEA facilities - exemption - definition. (1) Agricultural equipment that is used on any farm or ranch in the production of agricultural products is exempt from the levy and collection of property tax.

(2)  On and after January 1, 2023, agricultural equipment that is used in any

CEA facility or greenhouse is exempt from the levy and collection of property tax.

(3)  On and after January 1, 2024, but before January 2, 2029, personal

property is exempted from the levy and collection of property tax if the property is machinery or equipment that is part of a solar energy generating system that is used for agrivoltaics, and if the property:

(a)  Incorporates novel designs, technologies, or configurations that

significantly expand the potential for agricultural activities, including by:

(I)  Elevating the bottom edge height of the panels at least six feet above the

ground;

(II)  Utilizing translucent panels or panels with tubular or other innovative

panel geometry that supports agrivoltaics;

(III)  Incorporating alternative solar tracking algorithms that are tailored to

optimize vegetative growth;

(IV)  Incorporating extended row or panel spacing in a manner that enables

agricultural activities;

(V)  Incorporating modified wire management systems that support livestock,

including raising, lowering, or burying wiring;

(VI)  Incorporating innovative photovoltaic racking structures, including

tensioned wire racking systems, suspension-based systems, or other dynamic photovoltaic racking systems or arrangements;

(VII)  Incorporating agricultural infrastructure that is typically found on a

farm or ranch operation, such as agricultural fences, water sources and distribution, water troughs and tanks, corrals, livestock pens, or produce handling equipment; or

(VIII)  Incorporating agricultural structures that are typically found on an

agricultural operation, such as a tractor shed, a barn, or structures for equipment storage, produce washing, storage, processing, or chilling and packaging;

(b)  Is constructed in a manner that minimizes soil compaction underneath

and in between panels; and

(c)  Is constructed to incorporate design strategies that are planned with the

intent to minimize the negative environmental impact of photovoltaic energy production facilities on ecosystems, native vegetation, state and federally listed species, wildlife migration corridors, and the species, habitats, and ecosystems of greatest conservation need.

(4)  As used in this section, agrivoltaics has the meaning set forth in section

35-1-114 (4)(a).

Source: L. 89: Entire article R&RE, p. 1477, � 1, effective April 23. L. 2022:

Entire section amended, (HB 22-1301), ch. 198, p. 1322, � 2, effective August 10. L. 2023: (2) amended, (SB 23-204), ch. 182, p. 890, � 1, effective August 7; (3) and (4) added, (SB 23-092), ch. 218, p. 1131, � 5, effective August 7. L. 2024, 2nd Ex. Sess.: (2) amended, (HB 24B-1003), ch. 2, p. 25, � 2, effective November 28.

Editor's note: This section is similar to former � 39-3-101 (1)(n) as it existed

prior to 1989.

C.R.S. § 39-4-101

39-4-101. Definitions. As used in this article 4, unless the context otherwise requires:

(1)  Aircraft means any contrivance now known or hereafter invented, used,

or designed for navigation or flight through the air and designed to carry at least one person.

(2)  Airline company means any operator who engages in the carriage by

aircraft of persons or property as a common carrier for compensation or hire, or the carriage of mail, or any aircraft operator who operates regularly between two or more points and publishes a flight schedule. Airline company shall not include operators whose aircraft are all certified for a gross takeoff weight of twelve thousand five hundred pounds or less and who do not engage in scheduled or mail carriage service.

(2.3)  Biomass energy facility means a new facility first placed in production

on or after January 1, 2010, that uses real and personal property, including leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by combusting only biomass or biosolids derived from the treatment of wastewater and that is not primarily designed to supply electricity for consumption on site.

(2.4) (a)  Except as provided in subsection (2.4)(b) of this section, clean

energy resource has the same meaning as set forth in section 40-2-125.5 (2)(b).

(b)  Clean energy resource, for purposes of property taxation under this

section, does not include nuclear energy.

(2.5)  Repealed.


(2.6)  Energy storage system means commercially available technology

that is capable of retaining electricity, storing the energy for a period of time, and delivering the electricity after storage by chemical, thermal, mechanical, or other means. Energy storage system does not include a solar energy facility, as defined in subsection (3.5) of this section, or a wind energy facility, as defined in subsection (4) of this section.

(2.7)  Geothermal energy facility means a new facility first placed in

production on or after January 1, 2010, that uses real and personal property, including but not limited to leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by harnessing the heat energy of groundwater or the ground and that is not primarily designed to supply electricity for consumption on site.

(3) (a)  Public utility means, for property tax years commencing on or after

January 1, 1987, every sole proprietorship, firm, limited liability company, partnership, association, company, or corporation, and the trustees or receivers thereof, whether elected or appointed, that does business in this state as a railroad company, airline company, electric company, small or low impact hydroelectric energy facility, geothermal energy facility, biomass energy facility, wind energy facility, solar energy facility, energy storage system, clean energy resource, rural electric company, telephone company, telegraph company, gas company, gas pipeline carrier company, domestic water company selling at retail except nonprofit domestic water companies, pipeline company, coal slurry pipeline, or private car line company.

(b)  On and after January 1, 2010, for purposes of this article 4, public utility

does not include any affiliate or subsidiary of a sole proprietorship, firm, limited liability company, partnership, association, company, or corporation of any type of company described in subsection (3)(a) of this section that is not doing business in the state primarily as a railroad company, airline company, electric company, small or low impact hydroelectric energy facility, geothermal energy facility, biomass energy facility, wind energy facility, solar energy facility, energy storage system, clean energy resource, rural electric company, telephone company, telegraph company, gas company, gas pipeline carrier company, domestic water company selling at retail except nonprofit domestic water companies, pipeline company, coal slurry pipeline, or private car line company. Valuation and taxation of any such affiliate or subsidiary of a public utility as defined in subsection (3)(a) of this section shall be assessed pursuant to article 5 of this title 39.

(3.3) (a)  Small or low impact hydroelectric energy facility means a new

facility first placed in production on or after January 1, 2010, that uses real and personal property, including but not limited to leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by harnessing the kinetic energy of water, that is not primarily designed to supply electricity for consumption on site, and that is:

(I)  A new facility that is a small facility that has a nameplate rating of ten

megawatts or less; or

(II)  A new facility that has a nameplate rating of more than ten megawatts

and that:

(A)  Is an addition to water infrastructure such as a reservoir, a ditch, or a

pipeline that existed before January 1, 2010;

(B)  Does not result in any change in the quantity or timing of diversions or

releases for purposes of peak power generation;

(C)  Includes measures to prevent fish mortality in facilities on on-stream

reservoirs and natural waterways; and

(D)  Does not cause any violation of state water quality standards when

operated; or

(III)  A new facility that has a nameplate rating of more than ten megawatts

and that:

(A)  Is placed into production as part of new water infrastructure such as a

reservoir, a ditch, or a pipeline constructed on or after January 1, 2010, and operated for primary beneficial uses of water other than solely for production of electricity;

(B)  Includes measures to prevent fish mortality in facilities on reservoirs and

natural waterways; and

(C)  Does not cause any violation of state water quality standards when

operated.

(b)  For purposes of this subsection (3.3), new facility includes a combined

facility that is a combination of a facility placed in production before January 1, 2010, that uses real and personal property to generate and deliver to the interconnection meter any source of electric or mechanical energy by harnessing the kinetic energy of water and that is not primarily designed to supply energy for consumption on site and an addition or energy efficiency improvement to the facility first placed in production on or after January 1, 2010, if the addition or efficiency improvement increases the electrical or mechanical energy-producing capacity of the combined facility by at least twenty-five percent over the capacity of the facility placed in production before January 1, 2010, alone.

(3.5) (a)  Solar energy facility means a new facility first placed in

production on or after January 1, 2009, that uses real and personal property, including one or more solar energy devices, as defined in section 38-32.5-100.3 (2), leaseholds, and easements, to generate and, except as provided in subsection (3.5)(b) of this section, deliver to the interconnection meter any source of electrical, thermal, or mechanical energy in excess of two megawatts by harnessing the radiant energy of the sun, including any connected device for which the primary purpose is to store energy, and that is not primarily designed to supply electricity for consumption on site.

(b)  Solar energy facility includes facilities for agrivoltaics, as defined in

section 35-1-114 (4)(a), and for floatovoltaics, as defined in section 37-60-115 (12)(c)(III).

(4)  Wind energy facility means a new facility first placed in production on

or after January 1, 2006, that uses property, real and personal, including one or more wind turbines, leaseholds, and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy in excess of two megawatts by harnessing the kinetic energy of the wind, including any connected device for which the primary purpose is to store energy.

Source: L. 64: R&RE, p. 688, � 1. C.R.S. 1963: � 137-4-1. L. 76: Entire section

amended, p. 768, � 1, effective April 26; entire section amended, p. 759, � 16, effective July 1, 1977. L. 81: (2.5) added and (3) amended, p. 1854, �� 3, 4, effective January 1, 1982; (3) amended, p. 1847, � 1, effective January 1, 1982. L. 82: (2.5) amended, p. 628, � 41, effective April 2. L. 83: (2.5) and (3) amended, p. 1496, � 3, effective April 28. L. 84: (2.5) and (3) amended, p. 989, � 2, effective February 23; (2.5) and (3) amended, p. 997, � 2, effective May 22. L. 90: (3) amended, p. 450, � 27, effective April 18. L. 2000: (3) amended, p. 1738, � 2, effective June 1. L. 2006: (3) amended and (4) added, p. 889, � 1, effective May 9. L. 2008: (4) amended, p. 1319, � 2, effective May 27. L. 2009: (3) amended and (3.5) added, (SB 09-177), ch. 186, p. 812, � 1, effective April 22. L. 2010: (3) amended and (3.3) added, (SB 10-019), ch. 382, p. 1784, � 1, effective June 8; (2.3) added and (3) amended, (SB 10-177), ch. 392, p. 1862, � 3, effective August 11; (2.4) added and (3) amended, (SB 10-174), ch. 189, p. 813, � 8, effective August 11. L. 2021: IP, (2.4), (3), (3.5), and (4) amended and (2.6) and (2.7) added, (SB 21-020), ch. 51, p. 215, � 1, effective September 7. L. 2023: (3.5) amended, (SB 23-092), ch. 218, p. 1132, � 6, effective August 7. L. 2025: (2.4) amended, (HB 25-1040), ch. 45, p. 209, � 4, effective August 6.

Editor's note: (1)  Subsection (2.5) provided for the repeal of subsection (2.5),

effective January 1, 1987. (See L. 84, p. 989.)

(2)  Amendments to this section by House Bill 76-1235 and House Bill 76-1025 were harmonized. Amendments to subsection (3) by House Bill 81-1309 and

Senate Bill 81-025 were harmonized. Amendments to subsections (2.5) and (3) by House Bill 84-1051 and Senate Bill 84-214 were harmonized. Amendments to subsection (3) by Senate Bill 10-019, Senate Bill 10-174, and Senate Bill 10-177 were harmonized.

Cross references: For the legislative intent contained in the 2008 act

amending subsection (4), see section 9 of chapter 302, Session Laws of Colorado 2008. For the legislative declaration in HB 25-1040, see section 1 of chapter 45, Session Laws of Colorado 2025.

C.R.S. § 39-4-102

39-4-102. Valuation of public utilities - legislative declaration - definition. (1) The administrator shall determine the actual value of the operating property and plant of each public utility as a unit, giving consideration to the following factors and assigning such weight to each of such factors as in the administrator's judgment will secure a just value of such public utility as a unit:

(a)  The tangible property comprising its plant, whether the same is situated

within this state or both within and without this state, exclusive of any tangible property situated without this state which is not directly connected with the business in which such public utility is engaged within this state;

(b)  Its intangibles, such as special privileges, franchises, contract rights and

obligations, and rights-of-way; except that licenses granted by the federal communications commission to a wireless carrier, as defined in section 29-11-101, C.R.S., shall not be considered, nor shall the value of such licenses be reflected, in the administrator's valuation of the carrier's tangible property;

(c)  Its gross and net operating revenues during a reasonable period of time

not to exceed the most recent five-year period, capitalized at indicative rates;

(d)  The average market value of its outstanding securities during the

preceding calendar year, if such market value is determinable;

(e) (I)  When determining the actual value of a renewable energy facility that

primarily produces more than two megawatts of alternating current electricity, the administrator shall:

(A)  Consider the additional incremental cost per kilowatt of the construction

of the renewable energy facility, taking into account the nameplate capacity of any energy storage system in addition to generation capacity, over that of the construction cost of a comparable nonrenewable energy facility, inclusive of the cost of all property required to generate and deliver energy to the interconnection meter, that primarily produces alternating current electricity to be an investment cost and shall not include the additional incremental cost in the valuation of the facility; and

(B)  Not add value to a renewable energy facility for any renewable energy

credits created by the production of alternating current electricity.

(II)  For purposes of this paragraph (e), renewable energy has the meaning

provided in section 40-1-102 (11), C.R.S., but shall not include energy generated from a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility.

(III) (A)  For purposes of determining the actual value of a renewable energy

facility as specified in subparagraph (I) of this paragraph (e), an owner or operator of a facility shall provide a copy of the facility's current power purchase agreement to the administrator by April 1 of each assessment year as an attachment to the statement required as specified in section 39-4-103 (1); except that, if a copy of the current power purchase agreement was previously provided either by the owner or operator or by the purchaser of power and there is no material change in the facility's current power purchase agreement, the owner or operator of a facility shall not be required to provide a copy of the agreement.

(B)  If the owner or operator of a facility does not provide a copy of the

facility's current power purchase agreement as specified in sub-subparagraph (A) of this subparagraph (III), the administrator shall have the authority to request a copy of the current power purchase agreement from the purchaser of power generated at the facility; except that, if a copy of the current power purchase agreement was previously provided either by the owner or operator or by the purchaser of power and there is no material change in the facility's current power purchase agreement, the purchaser of power shall not be required to provide a copy of the agreement.

(C)  All power purchase agreements provided to the administrator pursuant

to this subparagraph (III) shall be considered private documents and shall be available only to the administrator and the employees of the division of property taxation in the department of local affairs.

(1.5)  The administrator shall determine the actual value of a small or low

impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility as follows:

(a)  The general assembly hereby declares that initial consideration by the

administrator of the cost approach and market approach to the appraisal of a wind energy facility or a solar energy facility results in valuations that are neither uniform nor just and equal because of wide variations in the production of energy from wind turbines and solar energy devices, as defined in section 38-32.5-100.3 (2), because of the uncertainty of wind and sunlight available for energy production, and because constructing a wind energy facility or a solar energy facility is significantly more expensive than constructing any other utility production facility. The general assembly further declares that it is also appropriate to initially value small or low impact hydroelectric energy facilities, geothermal energy facilities, and biomass energy facilities, which also have high construction costs relative to their ongoing operational costs, using the income approach. Therefore, in the absence of preponderant evidence shown by the administrator that the use of the cost approach and market approach results in uniform and just and equal valuation, a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility shall be initially valued based solely upon the income approach.

(b) (I)  For a property tax year that a tax factor applies, the actual value of a

small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility is an amount equal to a tax factor times the selling price at the interconnection meter. For a property tax year that a tax factor does not apply, the administrator shall determine the actual value of the facility giving appropriate consideration to the cost, income, and market approaches; except that the actual value shall not exceed the depreciated value floor calculated using the cost basis method of taxation as determined by the administrator for a renewable energy facility pursuant to subsection (1)(e) of this section.

(II)  As used in this article, interconnection meter means the meter located

at the point of delivery of energy to the purchaser.

(III)  As used in this paragraph (b), selling price at the interconnection meter

means the gross taxable revenues realized by the taxpayer from the sale of energy at the interconnection meter.

(IV)  As used in this subsection (1.5)(b), tax factor means a factor annually

established by the administrator. For a facility that begins generating energy before January 1, 2021, the tax factor is a number that when applied to the selling price at the interconnection meter results in approximately the same tax revenue over a twenty-year period on a nominal dollar basis that would have been collected using the cost basis method of taxation as determined by the administrator for a renewable energy facility pursuant to subsection (1)(e) of this section. For a facility that begins generating energy on or after January 1, 2021, the tax factor is a number that, when applied to the selling price at the interconnection meter, results in approximately the same tax revenue over a thirty-year period on a nominal dollar basis that would have been collected using the cost basis method of taxation as determined by the administrator for a renewable energy facility pursuant to subsection (1)(e) of this section. After the first twenty or thirty years of a facility's life, as applicable, a tax factor is not applied. For a renewable energy facility that begins generating energy before January 1, 2012, the administrator shall include only the cost of all property required to generate and deliver renewable energy to the interconnection meter that does not exceed the cost of property required to generate nonrenewable energy. For a renewable energy facility that begins generating energy on or after January 1, 2012, the administrator shall include only the cost of all property required to generate, store, and deliver renewable energy to the interconnection meter that does not exceed the cost of property required to generate and deliver nonrenewable energy to the interconnection meter.

(V)  For purposes of calculating the tax factor as required in subparagraph

(IV) of this paragraph (b), an owner or operator of a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility shall provide a copy of the small or low impact hydroelectric energy facility's, geothermal energy facility's, biomass energy facility's, wind energy facility's, or solar energy facility's current power purchase agreement to the administrator by April 1 of each assessment year. The administrator shall also have the authority to request a copy of the current power purchase agreement from the purchaser of power generated at a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility. All agreements provided to the administrator pursuant to this subparagraph (V) shall be considered private documents and shall be available only to the administrator and the employees of the division of property taxation in the department of local affairs.

(c)  The location of a small or low impact hydroelectric energy facility, a

geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility on real property shall not affect the classification of that real property for purposes of determining the actual value of that real property as provided in section 39-1-103.

(d)  Pursuant to section 39-3-118.5, no actual value for any personal property

used in a small or low impact hydroelectric energy facility, a geothermal energy facility, a biomass energy facility, a wind energy facility, or a solar energy facility shall be assigned until the personal property is first put into use by the facility. If any item of personal property is used in the facility and is subsequently taken out of service so that no small or low impact hydroelectric energy, geothermal energy, biomass energy, wind energy, or solar energy is produced from that facility for the preceding calendar year, no actual value shall be assigned to that item of more than five percent of the installed cost of the item for that assessment year.

(e)  The administrator shall determine the actual value of an energy storage

system or clean energy resource in a manner similar to the method used for a small or low impact hydroelectric energy facility, a wind energy facility, a geothermal energy facility, a biomass energy facility, or a solar energy facility under subsection (1)(e) of this section and this subsection (1.5).

(2)  If, in the judgment of the administrator, the books and records of any

public utility accurately reflect its tangible property, its intangibles, and its earnings within this state during the most recent five-year period, the administrator may determine from such books and records the actual value of its property and plant within this state and need not determine the entire value of its property and plant both within and without this state.

(3) (a)  For property tax years 1982 through 1986, there shall be applied to

the actual value of each public utility an equalization factor to adjust the actual value for the current year of assessment as determined by the administrator pursuant to subsections (1) and (2) of this section to the public utility's level of value in 1981.

(b)  For property tax years commencing on or after January 1, 1987, there

shall be applied to the actual value of each public utility an equalization factor to adjust the actual value for the current year of assessment as determined by the administrator pursuant to subsections (1) and (2) of this section to the public utility's level of value in the appropriate year that is prescribed in section 39-1-104 (10.2) and that is used to determine the actual value of properties that are subject to said applicable subsection.

(c)  Appraisal procedures, instructions, and factors utilized by the

administrator in carrying out the provisions of this section shall be subject to legislative review, the same as rules and regulations, pursuant to section 24-4-103 (8)(d), C.R.S.

(d)  The administrator shall certify to the public utility any difference in

valuation resulting from the application of this section. Said certification shall be part of the evidence presented in determining rate structures by any applicable rate-setting body.

Source: L. 64: R&RE, p. 688, � 1. C.R.S. 1963: � 137-4-2. L. 67: p. 948, � 12. L.

70: p. 382, � 15. L. 81: (3) added, p. 1847, � 2, effective January 1, 1982. L. 83: (3)(a) and (3)(b) amended, p. 1496, � 4, effective April 28. L. 84: (3)(a) and (3)(b) amended, p. 989, � 3, effective February 23. L. 91: (3)(b) amended, p. 2005, � 4, effective June 6. L. 95: (3)(b) amended, p. 8, � 3, effective March 9. L. 98: (1)(b) amended, p. 1267, � 1, effective June 1. L. 2001: IP(1) amended and (1)(e) added, p. 1523, � 1, effective August 8. L. 2004: (1)(b) amended, p. 1208, � 87, effective August 4. L. 2006: (1)(e) amended and (1.5) added, p. 890, � 2, effective May 9. L. 2008: (1)(e) and (1.5)(b)(V) amended, p. 1319, � 3, effective May 27; (1)(b) amended, p. 685, � 5, effective August 5. L. 2009: (1)(e)(II), IP(1.5), (1.5)(a), (1.5)(b)(I), (1.5)(b)(IV), (1.5)(b)(V), (1.5)(c), and (1.5)(d) amended, (SB 09-177), ch. 186, p. 813, � 2, effective April 22. L. 2010: (1)(e)(II), IP(1.5), (1.5)(a), (1.5)(b)(I), (1.5)(b)(V), (1.5)(c), and (1.5)(d) amended, (SB 10-019), ch. 382, p. 1786, � 2, effective June 8; (1)(e)(I)(A) and (1.5)(b)(IV) amended, (HB 10-1431), ch. 372, p. 1743, � 1, effective August 11; (1)(e)(II), IP(1.5), (1.5)(a), (1.5)(b)(I), (1.5)(b)(V), (1.5)(c), and (1.5)(d) amended, (SB 10-174), ch. 189, p. 814, � 9, effective August 11; (1)(e)(II), IP(1.5), (1.5)(a), (1.5)(b)(I), (1.5)(b)(V), (1.5)(c), and (1.5)(d) amended, (SB 10-177), ch. 392, p. 1862, � 4, effective August 11. L. 2021: (1)(e)(I)(A), (1.5)(a), (1.5)(b)(I), and (1.5)(b)(IV) amended and (1.5)(e) added, (SB 21-020), ch. 51, p. 216, � 2, effective September 7.

Editor's note: Amendments to subsection (1)(e)(II), the introductory portion to

subsection (1.5), and subsections (1.5)(a), (1.5)(b)(I), (1.5)(b)(V), (1.5)(c), and (1.5)(d) by Senate Bill 10-019, Senate Bill 10-174, and Senate Bill 10-177 were harmonized.

Cross references: For the legislative intent contained in the 2008 act

amending subsections (1)(e) and (1.5)(b)(V), see section 9 of chapter 302, Session Laws of Colorado 2008.

C.R.S. § 39-5-104.7

39-5-104.7. Valuation of real and personal property that produces alternating current electricity from a renewable energy source. (1) (a) Except as provided in paragraph (b) of this subsection (1), on and after January 1, 2008, all real and personal property used to produce two megawatts or less of alternating current electricity from a renewable energy source shall be valued by the assessor in the county where the property is located in accordance with valuation procedures developed by the administrator.

(b)  The valuation requirements specified in paragraph (a) of this subsection

(1) shall not apply to small or low impact hydroelectric energy facilities, geothermal energy facilities, biomass energy facilities, solar energy facilities, or wind energy facilities, as those terms are defined in section 39-4-101.

(2)  In developing the valuation procedures specified in subsection (1)(a) of

this section:

(a)  Except as set forth in subsection (2)(b) of this section, the administrator

shall utilize the procedures adopted for determining the actual value of a renewable energy facility as specified in section 39-4-102 (1)(e); and

(b)  For a facility that would qualify as a solar energy facility as defined in

section 39-4-101 (3.5) but it generates and delivers less than two megawatts of energy, the administrator shall utilize the procedures for determining the actual value of a solar energy facility as specified in section 39-4-102 (1.5) for property tax years commencing on or after January 1, 2021.

(3)  A taxpayer shall notify the taxpayer's county assessor when the taxpayer

installs real and personal property used to produce two megawatts or less of alternating current electricity from a renewable energy source; except that, if the taxpayer obtains a building permit under the jurisdiction of a local government for the installation, the notification required in this subsection (3) shall not be necessary.

Source: L. 2008: Entire section added, p. 1318, � 1, effective May 27. L. 2009:

(1)(b) amended, (SB 09-177), ch. 186, p. 814, � 3, effective April 22. L. 2010: (1)(b) amended, (SB 10-019), ch. 382, p. 1787, � 3, effective June 8; (1)(b) amended, (SB 10-174), ch. 189, p. 815, � 10, effective August 11; (1)(b) amended, (SB 10-177), ch. 392, p. 1864, � 5, effective August 11. L. 2021: (2) amended, (SB 21-020), ch. 51, p. 218, � 3, effective September 7.

Editor's note: Amendments to subsection (1)(b) by Senate Bill 10-019, Senate

Bill 10-174, and Senate Bill 10-177 were harmonized.

Cross references: For the legislative intent contained in the 2008 act

enacting this section, see section 9 of chapter 302, Session Laws of Colorado 2008.

C.R.S. § 40-2-109.5

40-2-109.5. Incentives for distributed generation - definition. (1) The commission shall develop a policy to establish incentives for consumers who produce distributed generation, including, but not limited to, small wind turbines, thermal biomass, electric biomass, and solar thermal energy. The commission shall consider whether a credit program similar to the renewable energy standard set forth in section 40-2-124 would work for consumers who produce distributed generation. The commission shall present the policy and findings regarding a credit program to the house of representatives transportation and energy committee and the senate agriculture, natural resources, and energy committee, or their successor committees.

(2)  As used in this section, distributed generation means a system by which

a consumer generates heat or electricity using renewable energy resources for his or her own needs and may also send surplus electrical power back into the power grid.

(3)  Effective January 1, 2012, all photovoltaic installations funded wholly or

partially through financial incentives under this section shall be subject to the requirements set forth in section 40-2-128.

Source: L. 2007: Entire section added, p. 1761, � 7, effective June 1. L. 2010:

(3) added, (HB 10-1001), ch. 37, p. 154, � 7, effective August 11.

C.R.S. § 40-2-123

40-2-123. Energy technologies - consideration by commission - incentives - demonstration projects - definitions. (1) (a) The commission shall give the fullest possible consideration to the cost-effective implementation of new clean energy and energy-efficient technologies in its consideration of generation acquisitions for electric utilities, bearing in mind the beneficial contributions such technologies make to Colorado's energy security, economic prosperity, insulation from fuel price increases, and environmental protection, including risk mitigation in areas of high wildfire risk as designated by the state forest service. The commission shall consider utility investments in energy efficiency to be an acceptable use of ratepayer money.

(b) (I)  The commission may give consideration to the likelihood of new

environmental regulation and the risk of higher future costs associated with the emission of greenhouse gases such as carbon dioxide and methane when it considers utility proposals to acquire resources or to implement DSM programs. The commission shall collaborate with the air quality control commission to ensure that any emissions reductions achieved through gas DSM programs are appropriately accounted for in meeting the state's greenhouse gas reduction goals.

(II)  For purposes of evaluating a gas DSM program or measure that

incorporates innovative technologies with the potential for significant impact, such as energy-saving technologies that go beyond what is achievable using energy efficiency measures alone, the commission may find the program or measure cost-effective, notwithstanding section 40-1-102 (5)(a), even if its initial benefit-cost ratio is not greater than one when calculated using currently available data and assumptions.

(c)  The commission shall give the fullest possible consideration to proposals

under the reenergize Colorado program, created in section 24-33-115, C.R.S., with particular attention to those projects offering the prospect of job creation and local economic growth.

(d)  In its consideration of generation acquisitions for electric utilities, the

commission shall consider the economic opportunities that may be provided through workforce transition and community assistance plans, as well as whether the acquisitions will create benefits for low-income customers and disproportionately impacted communities.

(2)  Repealed.


(3) (a) (I)  Energy is critically important to Colorado's welfare and

development and its use has a profound impact on the economy and environment. In order to diversify Colorado's energy resources, attract new businesses and jobs, promote development of rural economies, minimize water use for electric generation, reduce the impact of volatile fuel prices, and improve the natural environment of the state, the general assembly finds it in the best interests of the citizens of Colorado to develop and utilize solar energy resources in increasing amounts.

(II)  For purposes of this subsection (3), utility-scale means projects with

nameplate ratings in excess of two megawatts.

(b)  The commission may consider whether acquisition of utility-scale solar

resources is in the public interest, taking into account the associated costs and benefits, and, if so, the appropriate amount of utility-scale solar resources that should be acquired. In making this determination, the commission may consider the following potential attributes of utility-scale solar electric generation:

(I)  Whether the proposed generation could provide energy storage to match

the times during which utility generation is generally higher cost;

(II)  Whether the proposed generation, due to modularity, scalability, and

rapid deployment, could result in reduction of performance and financial risk for the utility;

(III)  Whether utility-scale solar electric generation could reduce the

consumption of water for electric generation;

(IV)  Whether future costs can be stabilized through mitigation of the impact

of unpredictable fossil fuel prices; and

(V)  Whether carbon-free generation reduces long-term costs and risks

related to potential carbon regulation or taxation.

(3.2)  In its consideration of generation acquisitions for electric utilities, the

commission may give the fullest possible consideration, at a utility's request, to the cost-effective implementation of new energy technologies for the generation of electricity from:

(a)  Geothermal energy;


(b)  The combustion of biomass, biosolids derived from the treatment of

wastewater, and municipal solid waste. For purposes of this paragraph (b), biomass has the meaning established in section 40-2-124 (1)(a), as clarified by the commission.

(c)  Hydroelectricity and pumped hydroelectricity, taking into account the

associated costs and benefits. For purposes of this paragraph (c):

(I)  Hydroelectricity means the generation and delivery to the

interconnection meter of any source of electrical or mechanical energy by harnessing the kinetic energy of water that is:

(A)  A new facility that is an addition to water infrastructure such as a

reservoir, ditch, or pipeline that existed before January 1, 2011, and does not result in any change in the quantity or timing of diversions or releases for purposes of peak power generation; or

(B)  A new facility that is placed into production as part of new water

infrastructure such as a reservoir, ditch, or pipeline constructed on or after January 1, 2011, and operated for primary beneficial uses of water other than solely for production of electricity.

(II)  Pumped hydroelectricity means electricity that is generated during

periods of high electrical demand from water that has been pumped during periods of low electrical demand from a lower-elevation reservoir to a higher-elevation reservoir taking into account the potential benefits or impacts of the proposed facility on fishery health.

(3.3)  In its consideration of generation acquisitions for electric utilities, the

commission may give the fullest possible consideration to the cost-effective implementation of new energy technologies for the generation of electricity from methane produced biogenically in geologic strata as a result of human intervention.

(3.5)  Repealed.


(4)  This section does not expand or contract the commission's jurisdiction

over cooperative electric associations under this title.

(5)  Any project approved pursuant to this section that is an energy sector

public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.

Source: L. 2001: Entire section added, p. 1524, � 4, effective August 8. L.

2006: Entire section amended, p. 1413, � 2, effective June 1. L. 2008: (2)(j) amended, p. 75, � 16, effective March 18; (1) amended and (3) and (4) added, p. 1686, � 1, effective June 2. L. 2009: (3.5) added, (SB 09-297), ch. 285, p. 1297, � 3, effective May 20. L. 2010: (1)(c) added, (HB 10-1349), ch. 387, p. 1816, � 4, effective June 8; (3.2) added, (SB 10-174), ch. 189, p. 815, � 11, effective August 11; (3.2) added, (SB 10-177), ch. 392, p. 1864, � 6, effective August 11; (3.3) added, ch. 389, p. 1825, � 1, effective August 11. L. 2011: (3.2)(c) added, (HB 11-1083), ch. 68, p. 179, � 1, effective August 10. L. 2012: (2)(j) amended, (HB 12-1315), ch. 224, p. 980, � 48, effective July 1. L. 2013: (1)(a) amended, (SB 13-273), ch. 406, p. 2375, � 6, effective June 5. L. 2017: (2)(k) repealed, (SB 17-294), ch. 264, p. 1415, � 110, effective May 25. L. 2019: (2) repealed, (SB 19-236), ch. 359, p. 3291, � 3, effective May 30. L. 2021: (1)(d) added, (SB 21-272), ch. 220, p. 1159, � 5, effective June 10; (1)(b) amended, (HB 21-1238), ch. 330, p. 2132, � 3, effective September 7; (2) RC&RE, (HB 21-1324), ch. 441, p. 2918, � 2, effective September 7. L. 2023: IP(2)(d)(I) amended, (SB 23-051), ch. 37, p. 149, � 31, effective March 23; (5) added, (SB 23-292), ch. 247, p. 1360, � 4, effective January 1, 2024.

Editor's note: (1)  Amendments to subsection (3.2) by Senate Bill 10-174 and

Senate Bill 10-177 were harmonized.

(2)  Subsection (3.5)(e) provided for the repeal of subsection (3.5), effective

July 1, 2013. (See L. 2009, p. 1297.)

(3)  Subsection (2)(f) provided for the repeal of subsection (2), effective

December 31, 2024. (See L. 2021, p. 2918).

Cross references: For the legislative declaration contained in the 2006 act

amending this section, see section 1 of chapter 300, Session Laws of Colorado 2006. For the legislative declaration in HB 21-1238, see section 1 of chapter 330, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1324, see section 1 of chapter 441, Session Laws of Colorado 2021.

C.R.S. § 40-2-124

40-2-124. Renewable energy standards - qualifying retail and wholesale utilities - definitions - net metering - legislative declaration - rules. (1) Each provider of retail electric service in the state of Colorado, other than municipally owned utilities that serve forty thousand customers or fewer, is a qualifying retail utility. Each qualifying retail utility, with the exception of cooperative electric associations that have voted to exempt themselves from commission jurisdiction pursuant to section 40-9.5-104 and municipally owned utilities, is subject to the rules established under this article 2 by the commission. No additional regulatory authority is provided to the commission other than that specifically contained in this section. In accordance with article 4 of title 24, the commission shall revise or clarify existing rules to establish the following:

(a)  Definitions of eligible energy resources that can be used to meet the

standards. Eligible energy resources means recycled energy, renewable energy resources, and renewable energy storage. In addition, resources using coal mine methane and synthetic gas produced by pyrolysis of waste materials are eligible energy resources if the commission determines that the electricity generated by those resources is greenhouse gas neutral. The commission shall determine, following an evidentiary hearing, the extent to which such electric generation technologies utilized in an optional pricing program may be used to comply with this standard. A fuel cell using hydrogen derived from an eligible energy resource is also an eligible electric generation technology. Fossil and nuclear fuels and their derivatives are not eligible energy resources. As used in this section:

(I)  Biomass means:


(A)  Nontoxic plant matter consisting of agricultural crops or their by-products, urban wood waste, mill residue, slash, or brush;


(B)  Animal wastes and products of animal wastes; or


(C)  Methane produced at landfills or as a by-product of the treatment of

wastewater residuals.

(II)  Coal mine methane means methane captured from active and inactive

coal mines where the methane is escaping to the atmosphere. In the case of methane escaping from active mines, only methane vented in the normal course of mine operations that is naturally escaping to the atmosphere is coal mine methane for purposes of eligibility under this section.

(III)  Distributed renewable electric generation or distributed generation

means:

(A)  Retail distributed generation; and


(B)  Wholesale distributed generation.


(IV)  Greenhouse gas neutral, with respect to electricity generated using

biomass or by a coal mine methane or synthetic gas facility, means that the greenhouse gases emitted into the atmosphere as a result of the process of converting the fuel source to electricity do not exceed the greenhouse gases that would have been emitted into the atmosphere over the next five years, beginning with the commencement of the process or initial date of operation of the facility, if the fuel source had not been converted to electricity, where greenhouse gases are measured in terms of carbon dioxide equivalent.

(IV.5)  Off-site means located on noncontiguous property owned or leased

by a customer of a qualifying retail utility.

(V)  Pyrolysis means the thermochemical decomposition of material at

elevated temperatures without the participation of oxygen.

(VI) (A)  Recycled energy means energy produced by a generation unit with

a nameplate capacity of not more than fifteen megawatts that either converts the otherwise lost energy from the heat from exhaust stacks or pipes to electricity and does not combust additional fossil fuel or is pumped hydroelectricity generation that does not combust fossil fuel to pump water; is not located on a natural waterway; includes measures to prevent fish mortality in the facility; does not impact any decreed instream flow; and does not cause any violation of state water quality standards when operated.

(B)  Subject to subsection (1)(a)(VI)(A) of this section, recycled energy does

not include energy produced by any system that uses energy, lost or otherwise, from a process whose primary purpose is the generation of electricity, including, without limitation, any process involving engine-driven generation.

(VII)  Renewable energy resources means solar, wind, geothermal, biomass

that is greenhouse gas neutral, new hydroelectricity with a nameplate rating of ten megawatts or less, and hydroelectricity in existence on January 1, 2005, with a nameplate rating of thirty megawatts or less and that does not require the construction of any new dams or reservoirs. Notwithstanding any other provision of this subsection (1)(a)(VII), a biomass electric generation facility that was in existence on or before January 1, 2021, or that has a nameplate rating of ten megawatts or less, shall be considered a renewable energy resource.

(VII.5)  Renewable energy storage means an energy storage system, as

defined in section 40-2-130 (2)(a), that stores energy produced only by renewable energy resources.

(VIII)  Except as provided in subsection (1)(c)(II)(D) of this section with respect

to cooperative electric associations, retail distributed generation means a renewable energy resource or renewable energy storage that is located on any property owned or leased by the customer within the service territory of the qualifying retail utility and is interconnected on the customer's side of the utility meter. In addition, retail distributed generation shall provide electric energy primarily to serve the customer's loads and shall be sized to supply no more than two hundred percent of the reasonably expected average annual total consumption of electricity at all properties owned or leased by the customer within the utility's service territory.

(IX)  Wholesale distributed generation means a renewable energy resource

with a nameplate rating of thirty megawatts or less and that does not qualify as retail distributed generation.

(b)  Standards for the design, placement, and management of electric

generation technologies that use eligible energy resources to ensure that the environmental impacts of such facilities are minimized.

(c)  Electric resource standards:


(I)  Except as provided in subparagraph (V) of this paragraph (c), the electric

resource standards shall require each qualifying retail utility to generate, or cause to be generated, electricity from eligible energy resources in the following minimum amounts:

(A)  Three percent of its retail electricity sales in Colorado for the year 2007;


(B)  Five percent of its retail electricity sales in Colorado for the years 2008

through 2010;

(C)  Twelve percent of its retail electricity sales in Colorado for the years 2011

through 2014, with distributed generation equaling at least one percent of its retail electricity sales in 2011 and 2012 and one and one-fourth percent of its retail electricity sales in 2013 and 2014;

(D)  Twenty percent of its retail electricity sales in Colorado for the years

2015 through 2019, with distributed generation equaling at least one and three-fourths percent of its retail electricity sales in 2015 and 2016 and two percent of its retail electricity sales in 2017, 2018, and 2019; and

(E)  Thirty percent of its retail electricity sales in Colorado for the years 2020

and thereafter, with distributed generation equaling at least three percent of its retail electricity sales.

(II) (A)  Of the amounts of distributed generation in sub-subparagraphs (C),

(D), and (E) of subparagraph (I), sub-subparagraph (D) of subparagraph (V), and subparagraph (V.5) of this paragraph (c), at least one-half must be derived from retail distributed generation; except that this sub-subparagraph (A) does not apply to a qualifying retail utility that is a municipal utility.

(A.5)  Notwithstanding sub-subparagraph (A) of this subparagraph (II), a

qualifying retail utility that is a cooperative electric association may subtract industrial retail sales from total retail sales in calculating its minimum retail distributed generation requirement.

(B)  A qualifying retail utility that is investor-owned shall not limit the sizing

of on-site retail distributed generation capacity based solely on past consumption. Cooperative electric associations are not subject to this subsection (1)(c)(II)(B).

(C)  Distributed generation amounts in the electric resource standard for the

years 2015 and thereafter may be changed by the commission for the period after December 31, 2014, if the commission finds, upon application by a qualifying retail utility, that these percentage requirements are no longer in the public interest. If such a finding is made, the commission may set the lower distributed generation requirements, if any, that shall apply after December 31, 2014. If the commission finds that the public interest requires an increase in the distributed generation requirements, the commission shall report its findings to the general assembly.

(D)  For purposes of a cooperative electric association's compliance with the

retail distributed generation requirement set forth in sub-subparagraph (A) of this subparagraph (II), an electric generation facility constitutes retail distributed generation if it uses only renewable energy resources; has a nameplate rating of two megawatts or less; is located within the service territory of a cooperative electric association; generates electricity for the beneficial use of subscribers who are members of the cooperative electric association in the service territory in which the facility is located; and has at least four subscribers if the facility has a nameplate rating of fifty kilowatts or less and at least ten subscribers if the facility has a nameplate rating of more than fifty kilowatts. A subscriber's share of the production from the facility may not exceed one hundred twenty percent of the subscriber's average annual consumption. Each cooperative electric association may establish, in the manner it deems appropriate, the: Subscriber; subscription; pricing, including consideration of low-income members; metering; accounting; renewable energy credit ownership; and other requirements and terms associated with electric generation facilities described in this sub-subparagraph (D).

(III)  Each kilowatt-hour of electricity generated from eligible energy

resources, other than retail distributed generation and other than eligible energy resources beginning operation on or after January 1, 2015, counts as one and one-fourth kilowatt-hours for the purposes of compliance with this standard.

(IV)  To the extent that the ability of a qualifying retail utility to acquire

eligible energy resources is limited by a requirements contract with a wholesale electric supplier, the qualifying retail utility shall acquire the maximum amount allowed by the contract. For any shortfalls to the amounts established by the commission pursuant to subparagraph (I) of this paragraph (c), the qualifying retail utility shall acquire an equivalent amount of either renewable energy credits; documented and verified energy savings through energy efficiency and conservation programs; or a combination of both. Any contract entered into by a qualifying retail utility after December 1, 2004, shall not conflict with this section.

(V)  Notwithstanding any other provision of law but subject to subsection (4)

of this section, the electric resource standards must require each cooperative electric association that is a qualifying retail utility and that provides service to fewer than one hundred thousand meters, and each municipally owned utility that is a qualifying retail utility, to generate, or cause to be generated, electricity from eligible energy resources in the following minimum amounts:

(A)  One percent of its retail electricity sales in Colorado for the years 2008

through 2010;

(B)  Three percent of retail electricity sales in Colorado for the years 2011

through 2014;

(C)  Six percent of retail electricity sales in Colorado for the years 2015

through 2019; and

(D)  Ten percent of retail electricity sales in Colorado for the years 2020 and

thereafter.

(V.5)  Notwithstanding any other provision of law, each cooperative electric

association that provides electricity at retail to its customers and serves one hundred thousand or more meters shall generate or cause to be generated at least twenty percent of the energy it provides to its customers from eligible energy resources in the years 2020 and thereafter.

(VI)  Each kilowatt-hour of electricity generated from eligible energy

resources at a community-based project must be counted as one and one-half kilowatt-hours. For purposes of this subparagraph (VI), community-based project means a project:

(A)  That is owned by individual residents of a community, by an organization

or cooperative that is controlled by individual residents of the community, or by a local government entity or tribal council;

(B)  The generating capacity of which does not exceed thirty megawatts; and


(C)  For which there is a resolution of support adopted by the local governing

body of each local jurisdiction in which the project is to be located.

(VII) (A)  For purposes of compliance with the standards set forth in

subparagraphs (V) and (V.5) of this paragraph (c), each kilowatt-hour of renewable electricity generated from solar electric generation technologies shall be counted as three kilowatt-hours.

(B)  For each qualifying retail utility that is a cooperative electric association,

sub-subparagraph (A) of this subparagraph (VII) applies only to solar electric technologies that begin producing electricity prior to July 1, 2015, and for solar electric technologies that begin producing electricity on or after July 1, 2015, each kilowatt-hour of renewable electricity shall be counted as one kilowatt-hour for purposes of compliance with the renewable energy standard.

(C)  For each qualifying retail utility that is a municipally owned utility, sub-subparagraph (A) of this subparagraph (VII) applies only to solar electric

technologies that are under contract for development prior to August 1, 2015, and begin producing electricity prior to December 31, 2016, and for solar electric technologies that are not under contract for development prior to August 1, 2015, and begin producing electricity on or after December 31, 2016, each kilowatt-hour of renewable electricity shall be counted as one kilowatt-hour for purposes of compliance with the renewable energy standard.

(VIII)  Electricity from eligible energy resources shall be subject to only one

of the methods for counting kilowatt-hours set forth in subparagraphs (III), (VI), and (VII) of this paragraph (c).

(IX)  For purposes of stimulating rural economic development and for

projects up to thirty megawatts of nameplate capacity that have a point of interconnection rated at sixty-nine kilovolts or less, each kilowatt hour of electricity generated from renewable energy resources that interconnects to electric transmission or distribution facilities owned by a cooperative electric association or municipally owned utility may be counted for the life of the project as two kilowatt hours for compliance with the requirements of this paragraph (c) by qualifying retail utilities. This multiplier shall not be claimed for interconnections that first occur after December 31, 2014, and shall not be used in conjunction with another compliance multiplier. For qualifying retail utilities other than investor-owned utilities, the benefits described in this subparagraph (IX) apply only to the aggregate first one hundred megawatts of nameplate capacity of projects statewide that report having achieved commercial operations to the commission pursuant to the procedure described in this subparagraph (IX). To the extent that a qualifying retail utility claims the benefit described in this subparagraph (IX), those kilowatt-hours of electricity do not qualify for satisfaction of the distributed generation requirement of subparagraph (I) of this paragraph (c). The commission shall analyze the implementation of this subparagraph (IX) and submit a report to the senate local government and energy committee and the house of representatives committee on transportation and energy, or their successor committees, by December 31, 2011, regarding implementation of this subparagraph (IX), including how many megawatts of electricity have been installed or are subject to a power purchase agreement pursuant to this subparagraph (IX) and whether the commission recommends that the multiplier established by this subparagraph (IX) should be changed either in magnitude or expiration date. Any entity that owns or develops a project that will take advantage of the benefits of this subparagraph (IX) shall notify the commission within thirty days after signing a power purchase agreement and within thirty days after beginning commercial operations of an applicable project.

(X)  Of the minimum amounts of electricity required to be generated or

caused to be generated by qualifying retail utilities in accordance with subparagraph (V.5) and sub-subparagraph (D) of subparagraph (V) of this paragraph (c), one-tenth, or one percent of total retail electricity sales, must be from distributed generation; except that:

(A)  For a cooperative electric association that is a qualifying retail utility and

that provides service to fewer than ten thousand meters, the distributed generation component may be three-quarters of one percent of total retail electricity sales; and

(B)  This subparagraph (X) does not apply to a qualifying retail utility that is a

municipal utility.

(d) (I) (A)  Subject to rules promulgated pursuant to subsection (1)(d)(II) of this

section, a system of tradable renewable energy credits that a qualifying retail utility may use to comply with this standard. The commission shall also analyze the effectiveness of utilizing any regional system of renewable energy credits in existence at the time of its rule-making process and determine whether the system is governed by rules that are consistent with the rules established for this article 2.

(B)  The commission shall not restrict the qualifying retail utility's ownership

or purchase of renewable energy if: The qualifying retail utility complies with the electric resource standard of subsection (1)(c) of this section and the conditions of any rate recovery mechanism adopted pursuant to subsection (1)(f)(IV) of this section; the qualifying retail utility uses definitions of eligible energy resources that are limited to those identified in subsection (1)(a) of this section, as clarified by the commission, and does not exceed the retail rate impact established by subsection (1)(g) of this section; and the commission finds that the resources are prudently acquired at a reasonable cost and rate impact.

(C)  Once a qualifying retail utility either receives a permit pursuant to article

7 or 8 of title 25 for a generation facility that relies on or is affected by the definitions of eligible energy resources or enters into a contract that relies on or is affected by the definitions of eligible energy resources, the definitions apply to the contract or facility notwithstanding any subsequent alteration of the definitions, whether by statute or rule.

(D)  For purposes of compliance with the renewable energy standard, if a

generation system uses a combination of fossil fuel and eligible renewable energy resources to generate electricity, a qualifying retail utility that is not an investor-owned utility may count as eligible renewable energy only the proportion of the total electric output of the generation system that results from the use of eligible renewable energy resources.

(II)  The system of tradable renewable energy credits must include

requirements for the retirement of renewable energy credits to ensure that compliance with the renewable energy standard:

(A)  Is effectuated in a manner that benefits Colorado's cities, counties, and

businesses;

(B)  Enables a utility's customers to account for the environmental benefits of

the renewable energy generated to serve those customers and purchased for those customers; and

(C)  Is consistent with timely attainment of the state's clean energy and

climate goals.

(e)  A requirement that each qualifying retail utility, except for cooperative

electric associations and municipally owned utilities, make available to their customers a standard rebate offer and net metering service, under which:

(I) (A)  Customers are offered a specified amount per watt for the installation

of eligible solar electric generation on the customers' premises, up to a maximum of one hundred kilowatts per installation.

(A.5)  A qualifying retail utility's interconnection standards for distributed

energy resources must allow for customer ownership and use of a meter collar adapter to permit the interconnection of distributed energy resources and for electrical isolation of the customer's site for energy backup purposes. The qualifying retail utility shall, within one hundred eighty days after June 21, 2021, adopt a transparent process for approving customer-owned meter collar adapters that meet minimum safety requirements. The commission shall resolve any disputes concerning the substance or procedures involved in the approval process or its application in any specific case. The approval process must take no more than sixty days after the date of submission for approval of a specific meter collar adapter by the proposing party. Approved meter collar adapters must be UL listed and must be suitable per the adapter's UL listing documentation for use in meter sockets of up to two hundred amperes. The qualifying retail utility shall define and publish in its tariffs a process to request and install a meter collar adapter, which process is timely and not unduly burdensome to the customer. The qualifying retail utility shall post on its website its list of approved meter collar adapters, which list must be updated at least annually.

(B)  The qualifying retail utility's net metering service must allow the

customer's retail electricity consumption to be offset by the electricity generated by customer-sited renewable energy generation facilities. To the extent that the electricity thus generated exceeds the customer's consumption during a billing month, the qualifying retail utility shall carry forward the value of the excess electricity as a credit to the customer's consumption in the following month. The monthly carry-forward continues from month to month indefinitely until the customer terminates service with the qualifying retail utility at all service addresses within the service territory of the qualifying retail utility, at which time the qualifying retail utility is not required to pay the customer for any remaining excess electricity supplied by the customer; except that, to the extent that solar electricity generation exceeds the customer's consumption during a calendar year, the customer may elect, in writing, to be reimbursed by the qualifying retail utility at the end of each calendar year at the qualifying retail utility's average hourly incremental cost of electricity supply over that calendar year. The customer, at the end of the calendar year, and the qualifying retail utility, upon termination of service to the customer, shall be permitted to donate any of the customer's remaining excess billing credits to a third-party administrator that is qualified and approved by the qualifying retail utility or the commission for the purpose of providing low-income energy assistance and bill reductions within the qualifying retail utility's service territory. The qualifying retail utility shall not apply unreasonably burdensome requirements to interconnection, reimbursement, or donation options in connection with the qualifying retail utility's net metering service. Electricity generated under this program is eligible for purposes of the qualifying retail utility's compliance with this article 2 so long as the qualifying retail utility purchases the associated renewable energy credits. The commission shall not permit a qualifying retail utility to place a customer in a different rate class, other than the customer's default rate class, solely as a result of the customer's participation in a rebate offer or net metering service.

(C)  For retail distributed generation that is used to meet loads of a

noncontiguous property owned or leased by the customer, a qualifying retail utility's net metering program must provide the customer a net metering credit minus a reasonable charge, as determined by the commission, to cover the utility's costs of delivering to the customer's premises the electricity generated by the retail distributed generation and of administering the off-site net metering credits. The reasonable charge shall be fixed for the term of the interconnection agreement pertaining to the retail distributed generation facilities and shall be determined by a utility tariff filing, which may be updated once annually. The commission shall ensure that this charge does not reflect costs that are already recovered by the utility from the customer through other charges. If, and to the extent that, a customer's net metering credit exceeds the customer's electric bill in any billing period, the net metering credit shall be carried forward and applied against future bills.

(D)  The commission may permit a qualifying retail utility to limit the total

amount carried forward on behalf of a customer pursuant to subsection (1)(e)(I)(B) of this section so long as the limit is not less than one hundred percent of the customer's reasonably expected average annual consumption. Any excess electricity above the limit shall be reimbursed at the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding twelve-month period.

(E)  For the 2022 and 2023 compliance years, each qualifying retail utility

shall issue one or more standard offers to interconnect and net meter off-site, customer-owned distributed generation and shall reserve, for this purpose, capacity equal to one-quarter of one percent of the utility's annual retail sales from the immediately preceding year. Thereafter, the commission may set limits, based on market demand, on annual minimum and maximum available capacity for newly installed off-site distributed generation that the qualifying retail utility shall plan to interconnect and net meter. The customer may choose to retain or sell to the qualifying retail utility the customer's renewable energy credits.

(I.5)  The amount of the standard rebate offer shall be two dollars per watt;

except that the commission may set the rebate at a lower amount if the commission determines, based upon a qualifying retail utility's renewable resource plan or application, that market changes support the change.

(II)  The owner or operator of solar electric generation facilities located on

any property owned or leased by the consumer, which property is within the service territory of the qualifying retail utility, may sell electricity to the consumer. If a solar electric generation facility is not owned by the consumer, then the commission shall not require the qualifying retail utility to pay for the renewable energy credits generated by the facility on any basis other than a metered basis. The owner or operator of the solar electric generation facility shall pay the cost of installing the production meter.

(III)  The qualifying retail utility may establish one or more standard offers to

purchase renewable energy credits generated from eligible energy resources on the customer's premises so long as the generation is one megawatt or less in size. When establishing the standard offers, the qualifying retail utility should set the prices for renewable energy credits at levels sufficient to encourage increased distributed generation and renewable energy storage in the size ranges covered by each standard offer, but at levels that will still allow the qualifying retail utility to comply with the electric resource standards set forth in subsection (1)(c) of this section without exceeding the retail rate impact limit in subsection (1)(g) of this section.

(IV)  The commission shall encourage qualifying retail utilities to design

rebate offers and other incentive programs that allow consumers of all income levels, particularly those in low-income and disproportionately impacted communities, to obtain the benefits offered by distributed generation and energy storage, and shall encourage programs that are designed to extend participation to customers in these and other market segments that have previously been underrepresented in the standard offer program.

(f)  Policies for the recovery of costs incurred with respect to these standards

for qualifying retail utilities that are subject to rate regulation by the commission. These policies must provide incentives to qualifying retail utilities to invest in eligible energy resources and must include:

(I)  Repealed.


(II)  Allowing qualifying retail utilities to earn an extra profit on their

investment in eligible energy resource technologies if these investments provide net economic benefits to customers as determined by the commission. The allowable extra profit in any year shall be the qualifying retail utility's most recent commission authorized rate of return plus a bonus limited to fifty percent of the net economic benefit.

(III)  Allowing qualifying retail utilities to earn their most recent commission

authorized rate of return, but no bonus, on investments in eligible energy resource technologies if these investments do not provide a net economic benefit to customers.

(IV)  Considering, when the qualifying retail utility applies for a certificate of

public convenience and necessity under section 40-5-101, rate recovery mechanisms that provide for earlier and timely recovery of costs prudently and reasonably incurred by the qualifying retail utility in developing, constructing, and operating the eligible energy resource, including:

(A)  Rate adjustment clauses until the costs of the eligible energy resource

can be included in the utility's base rates; and

(B)  A current return on the utility's capital expenditures during construction

at the utility's weighted average cost of capital, including its most recently authorized rate of return on equity, during the construction, startup, and operation phases of the eligible energy resource.

(V)  If the commission approves the terms and conditions of an eligible

energy resource contract between the qualifying retail utility and another party, the contract and its terms and conditions shall be deemed to be a prudent investment, and the commission shall approve retail rates sufficient to recover all just and reasonable costs associated with the contract. All contracts for acquisition of eligible energy resources shall have a minimum term of twenty years; except that the contract term may be shortened at the sole discretion of the seller. All contracts for the acquisition of renewable energy credits from solar electric technologies located on site at customer facilities shall also have a minimum term of twenty years; except that such contracts for systems of between one hundred kilowatts and one megawatt may have a different term if mutually agreed to by the parties.

(VI)  A requirement that qualifying retail utilities consider proposals offered

by third parties for the sale of renewable energy or renewable energy credits. The commission may develop standard terms for the submission of such proposals.

(VII)  A requirement that all distributed renewable electric generation

facilities with a nameplate rating of one megawatt or more be registered with a renewable energy generation information tracking system designated by the commission.

(g)  Retail rate impact rule:


(I) (A)  Except as otherwise provided in subparagraph (IV) of this paragraph

(g), for each qualifying utility, the commission shall establish a maximum retail rate impact for this section for compliance with the electric resource standards of two percent of the total electric bill annually for each customer. The retail rate impact shall be determined net of new alternative sources of electricity supply from noneligible energy resources that are reasonably available at the time of the determination.

(B)  If the retail rate impact does not exceed the maximum impact permitted

by this paragraph (g), the qualifying utility may acquire more than the minimum amount of eligible energy resources and renewable energy credits required by this section. At the request of the qualifying retail utility and upon the commission's approval, the qualifying retail utility may advance funds from year to year to augment the amounts collected from retail customers under this paragraph (g) for the acquisition of more eligible energy resources. Such funds shall be repaid from future retail rate collections, with interest calculated at the qualifying retail utility's after-tax weighted average cost of capital, so long as the retail rate impact does not exceed two percent of the total annual electric bill for each customer.

(C)  As between residential and nonresidential retail distributed generation,

the commission shall direct the utility to allocate its expenditures according to the proportion of the utility's revenue derived from each of these customer groups; except that the utility may acquire retail distributed generation at levels that differ from these group allocations based upon market response to the utility's programs.

(D)  To address historical equity issues concerning access by low-income

customers to renewable energy and retail distributed generation programs and prioritize investment and direct benefits for disproportionately impacted communities, the commission shall require qualifying retail utilities to plan their expenditures so that, before reaching the limits imposed by this subsection (1)(g), they will prioritize renewable energy investment and programs for low-income customers and disproportionately impacted communities. Beginning on January 1, 2022, and continuing through at least December 31, 2028, not less than forty percent of such expenditures, not including any funds set aside to recover the cost of clean energy resources and directly related interconnection facilities pursuant to section 40-2-125.5 (4)(a)(VIII), shall be directed to programs, incentives, or other direct investments benefitting low-income customers and disproportionately impacted communities.

(II)  Each wholesale energy provider shall offer to its wholesale customers

that are cooperative electric associations the opportunity to purchase their load ratio share of the wholesale energy provider's electricity from eligible energy resources. If a wholesale customer agrees to pay the full costs associated with the acquisition of eligible energy resources and associated renewable energy credits by its wholesale provider by providing notice of its intent to pay the full costs within sixty days after the wholesale provider extends the offer, the wholesale customer shall be entitled to receive the appropriate credit toward the renewable energy standard as well as any associated renewable energy credits. To the extent that the full costs are not recovered from wholesale customers, a qualifying retail utility shall be entitled to recover those costs from retail customers.

(III)  Subject to the maximum retail rate impact permitted by this paragraph

(g), the qualifying retail utility shall have the discretion to determine, in a nondiscriminatory manner, the price it will pay for renewable energy credits from on-site customer facilities that are no larger than five hundred kilowatts.

(IV) (A)  For cooperative electric associations, the maximum retail rate impact

for this section is two percent of the total electric bill annually for each customer.

(B)  Notwithstanding subparagraph (I) of this paragraph (g), the commission

may ensure that customers who install distributed generation continue to contribute, in a nondiscriminatory fashion, their fair share to their utility's renewable energy program fund or equivalent renewable energy support mechanism even if such contribution results in a charge that exceeds two percent of such customers' annual electric bills.

(h)  Annual reports. Each qualifying retail utility shall submit to the

commission an annual report that provides information relating to the actions taken to comply with this article including the costs and benefits of expenditures for renewable energy. The report shall be within the time prescribed and in a format approved by the commission.

(i)  Rules necessary for the administration of this article including

enforcement mechanisms necessary to ensure that each qualifying retail utility complies with this standard, and provisions governing the imposition of administrative penalties assessed after a hearing held by the commission pursuant to section 40-6-109. The commission shall exempt a qualifying retail utility from administrative penalties for an individual compliance year if the utility demonstrates that the retail rate impact cap described in paragraph (g) of this subsection (1) has been reached and the utility has not achieved full compliance with paragraph (c) of this subsection (1). The qualifying retail utility's actions under an approved compliance plan shall carry a rebuttable presumption of prudence. Under no circumstances shall the costs of administrative penalties be recovered from Colorado retail customers.

(j)  Rules to accommodate aggregation and interconnection of retail

distributed generation, including:

(I)  Allowing electricity generated from a single renewable retail distributed

generation resource on a multiunit property to be allocated as net metering credits to either common areas of the property or to individually metered accounts without requiring the resource to be physically interconnected with each owner's or lessee's meter;

(II)  Allowing a utility customer with retail distributed generation

interconnected with a master meter to allocate excess net metering credits to any meter on property owned or leased by the customer in accordance with a customer-defined system share for each additional meter, with excess net metering credits applied to the additional meter;

(III)  Where retail distributed generation is being used to offset the load of

multiple, separately metered properties that are not on the same rate schedule, allowing allocation of the bill credits that may be applied to any of the metered accounts;

(IV)  Requiring qualifying retail utilities to apply the same installation

standards and list of approved meter collar adapters developed pursuant to subsection (1)(e)(I)(A.5) of this section to all customers desiring to use retail distributed generation to offset their individual energy loads;

(V)  Requiring qualifying retail utilities to develop optional programs and

tariffs to support the adoption and use of dispatchable renewable distributed generation and storage resources to provide grid benefits, such as enhancing the efficiency, capacity, and resilience of the electric grid, and to reduce greenhouse gas emissions. As used in this subsection (1)(j)(V), dispatchable means that the power output supplied to the electric grid by a customer-sited renewable energy generation or storage facility can be turned on and off or otherwise adjusted on demand.

(VI)  Requiring qualifying retail utilities to adopt procedures designed to

ensure that, for all renewable distributed generation or storage facilities included in their net metering service:

(A)  The size of any off-site, single-meter installation does not exceed five

hundred kilowatts;

(B)  The size of any off-site, multi-meter installation does not exceed three

hundred kilowatts per meter; and

(C)  For any off-site facility exceeding three hundred kilowatts, the

installation and any necessary repair or maintenance work is performed by a licensed master electrician, licensed journeyman electrician, or licensed residential wireman or by properly supervised apprentices, in addition to complying with all applicable interconnection rules.

(1.5)  Notwithstanding any provision of law to the contrary, subsections (1)(e)

and (1)(j) of this section do not apply to a municipally owned utility or to a cooperative electric association.

(2)  (Deleted by amendment, L. 2007, p. 257, � 1, effective March 27, 2007.)


(3)  Each municipally owned electric utility that is a qualifying retail utility

shall implement a renewable energy standard substantially similar to this section. The municipally owned utility shall submit a statement to the commission that demonstrates such municipal utility has a substantially similar renewable energy standard. The statement submitted by the municipally owned utility is for informational purposes and is not subject to approval by the commission. Upon filing of the certification statement, the municipally owned utility shall have no further obligations under subsection (1) of this section. The renewable energy standard of a municipally owned utility shall, at a minimum, meet the following criteria:

(a)  The eligible energy resources shall be limited to those identified in

paragraph (a) of subsection (1) of this section;

(b)  The percentage requirements shall be equal to or greater in the same

years than those identified in subparagraph (V) of paragraph (c) of subsection (1) of this section, counted in the manner allowed by said paragraph (c); and

(c)  The utility must have an optional pricing program in effect that allows

retail customers the option to support through utility rates emerging renewable energy technologies.

(4)  For municipal utilities that become qualifying retail utilities after

December 31, 2006, the percentage requirements identified in subparagraph (V) of paragraph (c) of subsection (1) of this section shall begin in the first calendar year following qualification as follows:

(a)  Years one through three: One percent of retail electricity sales;


(b)  Years four through seven: Three percent of retail electricity sales;


(c)  Years eight through twelve: Six percent of retail electricity sales; and


(d)  Years thirteen and thereafter: Ten percent of retail electricity sales.


(5)  Procedure for exemption and inclusion - election.


(a)  (Deleted by amendment, L. 2007, p. 257, � 1, effective March 27, 2007.)


(b)  The board of directors of each municipally owned electric utility not

subject to this section may, at its option, submit the question of its inclusion in this section to its consumers on a one meter equals one vote basis. Approval by a majority of those voting in the election shall be required for such inclusion, providing that a minimum of twenty-five percent of eligible consumers participates in the election.

(5.5)  Each cooperative electric association that is a qualifying retail utility

shall submit an annual compliance report to the commission no later than June 1 of each year in which the cooperative electric association is subject to the renewable energy standard requirements established in this section. The annual compliance report shall describe the steps taken by the cooperative electric association to comply with the renewable energy standards and shall include the same information set forth in the rules of the commission for jurisdictional utilities. Cooperative electric associations shall not be subject to any part of the compliance report review process as provided in the rules for jurisdictional utilities. Cooperative electric associations shall not be required to obtain commission approval of annual compliance reports, and no additional regulatory authority of the commission other than that specifically contained in this subsection (5.5) is created or implied by this subsection (5.5).

(6)  (Deleted by amendment, L. 2007, p. 257, � 1, effective March 27, 2007.)


(7) (a)  Definitions. For purposes of this subsection (7), unless the context

otherwise requires:

(I)  Customer-generator means an end-use electricity customer that

generates electricity on the customer's side of the meter using eligible energy resources.

(II)  Municipally owned utility means a municipally owned utility that serves

five thousand customers or more.

(b)  Each municipally owned utility shall allow a customer-generator's retail

electricity consumption to be offset by the electricity generated from eligible energy resources on the customer-generator's side of the meter that are interconnected with the facilities of the municipally owned utility, subject to the following:

(I)  Monthly excess generation. If a customer-generator generates electricity

in excess of the customer-generator's monthly consumption, all such excess energy, expressed in kilowatt-hours, shall be carried forward from month to month and credited at a ratio of one to one against the customer-generator's energy consumption, expressed in kilowatt-hours, in subsequent months.

(II)  Annual excess generation. Within sixty days after the end of each annual

period, or within sixty days after the customer-generator terminates its retail service, the municipally owned utility shall account for any excess energy generation, expressed in kilowatt-hours, accrued by the customer-generator and shall credit such excess generation to the customer-generator in a manner deemed appropriate by the municipally owned utility.

(III)  Nondiscriminatory rates. A municipally owned utility shall provide net

metering service at nondiscriminatory rates.

(IV)  Interconnection standards. Each municipally owned utility shall adopt

and post small generation interconnection standards and insurance requirements that are functionally similar to those established in the rules promulgated by the public utilities commission pursuant to this section; except that the municipally owned utility may reduce or waive any of the insurance requirements. If any customer-generator subject to the size specifications specified in subparagraph (V) of this paragraph (b) is denied interconnection by the municipally owned utility, the utility shall provide a written technical or economic explanation of such denial to the customer.

(V)  Size specifications. Each municipally owned utility may allow customer-generators to generate electricity subject to net metering in amounts in excess of

those specified in this subparagraph (V), and shall allow:

(A)  Residential customer-generators to generate electricity subject to net

metering up to ten kilowatts; and

(B)  Commercial or industrial customer-generators to generate electricity

subject to net metering up to twenty-five kilowatts.

(8)  Qualifying wholesale utilities - definition - electric resource standard -

tradable credits - reports. (a) Definition. Each generation and transmission cooperative electric association that provides wholesale electric service directly to Colorado electric associations that are its members is a qualifying wholesale utility. Commission rules adopted under subsections (1) to (7) of this section do not apply directly to qualifying wholesale utilities, and this subsection (8) does not provide the commission with additional regulatory authority over qualifying wholesale utilities.

(b)  Electric resource standard. Notwithstanding any other provision of law,

each qualifying wholesale utility shall generate, or cause to be generated, at least twenty percent of the energy it provides to its Colorado members at wholesale from eligible energy resources in the year 2020 and thereafter. If, and to the extent that, the purchase of energy generated from eligible energy resources by a Colorado member from a qualifying wholesale utility would cause an increase in rates for the Colorado member that exceeds the retail rate impact limitation in sub-subparagraph (A) of subparagraph (IV) of paragraph (g) of subsection (1) of this section, the obligation imposed on the qualifying wholesale utility is reduced by the amount of such energy necessary to enable the Colorado member to comply with the rate impact limitation.

(c)  A qualifying wholesale utility may count the energy generated or caused

to be generated from eligible energy resources by its Colorado members or by the qualifying wholesale utility on behalf of its Colorado members pursuant to subparagraph (V) of paragraph (c) of subsection (1) of this section toward compliance with the energy resource standard established in this subsection (8).

(d)  Prefe

C.R.S. § 40-2-127

40-2-127. Community energy funds - community solar gardens - definitions - rules - legislative declaration - applicability - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a)  Local communities can benefit from the further development of

renewable energy, energy efficiency, conservation, and environmental improvement projects, and the general assembly hereby encourages electric utilities to establish community energy funds for the development of such projects;

(b)  It is in the public interest that broader participation in solar electric

generation by Colorado residents and commercial entities be encouraged by the development and deployment of distributed solar electric generating facilities known as community solar gardens, in order to:

(I)  Provide Colorado residents and commercial entities with the opportunity

to participate in solar generation in addition to the opportunities available for rooftop solar generation on homes and businesses;

(II)  Allow renters, low-income utility customers, and agricultural producers

to own interests in solar generation facilities;

(III)  Allow interests in solar generation facilities to be portable and

transferrable; and

(IV)  Leverage Colorado's solar generating capacity through economies of

scale.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  The definitions in section 40-2-124 apply; and


(b)  In addition:


(I) (A)  Community solar garden means a solar electric generation facility

with a nameplate rating within the range specified under subsection (2)(b)(I)(D) of this section that is located in or near a community served by a qualifying retail utility where the beneficial use of the electricity generated by the facility belongs to the subscribers to the community solar garden. There shall be at least ten subscribers. The owner of the community solar garden may be the qualifying retail utility or any other for-profit or nonprofit entity or organization, including a subscriber organization organized under this section, that contracts to sell the output from the community solar garden to the qualifying retail utility. A community solar garden shall be deemed to be located on the site of customer facilities.

(B)  A community solar garden shall constitute retail distributed generation

within the meaning of section 40-2-124, as amended by House Bill 10-1001, enacted in 2010.

(C)  Notwithstanding any provision of this section or section 40-2-124 to the

contrary, a community solar garden constitutes retail distributed generation for purposes of a cooperative electric association's compliance with the applicable renewable energy standard under section 40-2-124.

(D)  A community solar garden must have a nameplate rating of five

megawatts or less; except that the commission may, in rules adopted pursuant to subsection (3)(b) of this section, approve the formation of a community solar garden with a nameplate rating of up to ten megawatts on or after July 1, 2023.

(II)  Subscriber means a retail customer of a qualifying retail utility who

owns a subscription and who has identified one or more physical locations to which the subscription is attributed. Such physical locations must be within the service territory of the same qualifying retail utility as the community solar garden. The subscriber may change from time to time the premises to which the community solar garden electricity generation shall be attributed, so long as the premises are within the same service territory.

(III)  Subscription means a proportional interest in solar electric generation

facilities installed at a community solar garden, together with the renewable energy credits associated with or attributable to such facilities under section 40-2-124. Each subscription shall be sized to represent at least one kilowatt of the community solar garden's generating capacity and to supply no more than one hundred twenty percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed, with a deduction for the amount of any existing solar facilities at such premises. Subscriptions in a community solar garden may be transferred or assigned to a subscriber organization or to any person or entity who qualifies to be a subscriber under this section.

(3)  Subscriber organization - subscriber qualifications - transferability of

subscriptions. (a) The community solar garden may be owned by a subscriber organization, whose sole purpose shall be beneficially owning and operating a community solar garden. The subscriber organization may be any for-profit or nonprofit entity permitted by Colorado law. The community solar garden may also be built, owned, and operated by a third party under contract with the subscriber organization.

(b)  The commission shall adopt rules as necessary to implement this section,

including rules to facilitate the financing of subscriber-owned community solar gardens. The rules must include:

(I)  Minimum capitalization;


(II)  The share of a community solar garden's eligible solar electric generation

facilities that a subscriber organization may at any time own in its own name; and

(III)  Authorizing subscriber organizations to enter into leases, sale-and-leaseback transactions, operating agreements, and other ownership arrangements

with third parties.

(c)  If a subscriber ceases to be a customer at the premises on which the

subscription is based but, within a reasonable period as determined by the commission, becomes a customer at another premises in the service territory of the qualifying retail utility and within the geographic area served by the community solar garden, the subscription shall continue in effect but the bill credit and other features of the subscription shall be adjusted as necessary to reflect any differences between the new and previous premises' customer classification and average annual consumption of electricity.

(3.5)  Standards for construction and operation. The following requirements

apply to any community solar garden exceeding two megawatts:

(a)  The initial installation of any photovoltaic module or associated electrical

equipment is subject to final inspection and approval in accordance with section 12-115-120.

(b)  Following the development or acquisition by a qualifying retail utility of a

community solar garden in which the qualifying retail utility retains ownership, the qualifying retail utility shall either use its own employees to operate and maintain the community solar garden or contract for operation and maintenance of the community solar garden by a contractor whose employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:

(I)  The design, planning, or engineering of the infrastructure;


(II)  Management functions to operate the infrastructure; or


(III)  Any work included in a warranty.


(3.7)  Energy sector public works projects. If the development of a

community solar garden is an energy sector public works project, as defined in section 24-92-303 (5), then the project must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.

(4)  Community solar gardens not subject to regulation. Neither the owners

of nor the subscribers to a community solar garden shall be considered public utilities subject to regulation by the commission solely as a result of their interest in the community solar garden. Prices paid for subscriptions in community solar gardens shall not be subject to regulation by the commission.

(5)  Purchases of the output from community solar gardens. (a) (I)  Each

qualifying retail utility shall set forth in its plan for acquisition of renewable resources a plan to purchase the electricity and renewable energy credits generated from one or more community solar gardens over the period covered by the plan.

(II)  For the first three compliance years commencing with the 2011

compliance year, each qualifying retail utility shall issue one or more standard offers to purchase the output from community solar gardens of five hundred kilowatts or less at prices that are comparable to the prices offered by the qualifying retail utility under standard offers issued for on-site solar generation. During these three compliance years, the qualifying retail utility shall acquire, through these standard offers, one-half of the solar garden generation it plans to acquire, to the extent the qualifying retail utility receives responses to its standard offers. Notwithstanding any provision of this subparagraph (II) to the contrary, renewable energy credits generated from solar gardens shall not be used to achieve more than twenty percent of the retail distributed generation standard in years 2011 through 2013.

(III)  For the first three compliance years commencing with the 2011

compliance year, a qualifying retail utility shall not be obligated to purchase the output from more than six megawatts of newly installed community solar garden generation.

(III.5)  Subsections (5)(a)(II) and (5)(a)(III) of this section and this subsection

(5)(a)(III.5) are repealed, effective July 1, 2043.

(IV)  For each qualifying retail utility's compliance years commencing in 2014

through 2025, the commission shall determine the minimum and maximum purchases of electrical output from newly installed community solar gardens of different output capacity that the qualifying retail utility shall plan to acquire, without regard to the six-megawatt ceiling of the first three compliance years. In addition, as necessary, the commission shall formulate and implement policies consistent with this section that simultaneously encourage:

(A)  The ownership by customers of subscriptions in community solar gardens

and of other forms of distributed generation, to the extent the commission finds there to be customer demand for such ownership;

(B)  Ownership in community solar gardens by residential retail customers

and agricultural producers, including low-income customers, to the extent the commission finds there to be demand for such ownership;

(C)  The development of community solar gardens with attributes that the

commission finds result in lower overall total costs for the qualifying retail utility's customers;

(D)  Successful financing and operation of community solar gardens owned

by subscriber organizations; and

(E)  The achievement of the goals and objectives of section 40-2-124.


(b) (I) (A)  The output from a community solar garden shall be sold only to the

qualifying retail utility serving the geographic area where the community solar garden is located.

(B)  Once a community solar garden is part of a qualifying retail utility's plan

for acquisition of renewable resources, as approved by the commission, the commission shall, by January 30, 2020, initiate a proceeding, or consider in an active proceeding, to determine whether the qualifying retail utility shall purchase all of the electricity and renewable energy credits generated by the community solar garden or whether a subscriber may, upon becoming a subscriber, choose to retain or sell to the qualifying retail utility the subscriber's renewable energy credits.

(C)  The amount of electricity and renewable energy credits generated by

each community solar garden shall be determined by a production meter installed by the qualifying retail utility or third-party system owner and paid for by the owner of the community solar garden.

(II) (A)  The purchase of the output of a community solar garden by a

qualifying retail utility must take the form of a net metering credit against the qualifying retail utility's electric bill to each community solar garden subscriber at the premises set forth in the subscriber's subscription.

(B)  For a subscriber organization that directs the qualifying retail utility to

provide the subscriber organization's subscribers with a bill credit that changes annually, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber, minus a reasonable charge as determined by the commission. The charge will be used to cover the utility's costs of delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering the community solar garden's contracts and net metering credits.

(C)  For a subscriber organization that directs the qualifying retail utility to

provide the subscriber organization's subscribers with a fixed bill credit, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber at the time the subscriber organization applies for or bids capacity into a utility community solar garden program, minus a reasonable charge, as determined by the commission at the time the subscriber organization applies for or bids capacity into a utility community solar garden program. The charge will be used to cover the utility's costs related to: Delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering contracts and net metering credits for the community solar garden.

(D)  For community solar gardens eligible for a fixed bill credit, and solely for

the purpose of applying the bill credit to a subscriber's bill, the bill credit shall not be applied toward the following rate rider charges, unless the rate rider charges are included in the reasonable charge: Rate rider charges that promote clean energy technologies, including beneficial electrification; rate rider charges that provide low-income bill assistance; or rate rider charges that provide other public benefits as determined by the commission.

(E)  By June 30, 2024, the commission shall adopt rules to implement the

fixed bill credit. The rules must consider the change of value to community solar garden customers of the fixed bill credit over time through rate adjustments or other mechanisms.

(F)  The commission shall allow a qualifying retail utility to recover the costs

incurred in implementing and maintaining billing systems for the various bill credit processes required pursuant to this subsection (5)(b)(II).

(G)  The commission shall ensure that the reasonable charge that the

commission determines pursuant to subsections (5)(b)(II)(B) and (5)(b)(II)(C) of this section does not reflect costs that are already recovered by the utility from the subscriber through other charges.

(H)  If, and to the extent that, a subscriber's net metering credit exceeds the

subscriber's electric bill in any billing period, the net metering credit shall be carried forward and applied against future bills.

(I)  The qualifying retail utility and the owner of the community solar garden

must agree on whether the purchase of the renewable energy credits from subscribers will be accomplished through a credit on each subscriber's electricity bill or by a payment to the owner of the community solar garden.

(c)  The owner of the community solar garden shall provide real-time

production data to the qualifying retail utility to facilitate incorporation of the community solar garden into the utility's operation of its electric system and to facilitate the provision of net metering credits.

(d)  The owner of the community solar garden shall be responsible for

providing to the qualifying retail utility, on a monthly basis and within reasonable periods set by the qualifying retail utility, the percentage shares that should be used to determine the net metering credit to each subscriber. If the electricity output of the community solar garden is not fully subscribed, the qualifying retail utility shall purchase the unsubscribed renewable energy and the renewable energy credits at a rate equal to the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.

(e)  Each qualifying retail utility shall set forth in its plan for acquisition of

renewable resources a proposal for including low-income customers as subscribers to a community solar garden. The utility may give preference to community solar gardens that have low-income subscribers.

(f)  Qualifying retail utilities shall be eligible for the incentives and subject to

the ownership limitations set forth in section 40-2-124 (1)(f) for utility investments in community solar gardens and may recover through rates a margin, in an amount determined by the commission, on all energy and renewable energy credits purchased from community solar gardens. Such incentive payments shall be excluded from the cost analysis required by section 40-2-124 (1)(g).

(6)  Nothing in this section shall be construed to waive or supersede the retail

rate impact limitations in section 40-2-124 (1)(g). Utility expenditures for unsubscribed energy and renewable energy credits generated by community solar gardens shall be included in the calculations of retail rate impact required by that section.

(7)  Applicability to cooperative electric associations and municipally

owned utilities. This section shall not apply to cooperative electric associations or to municipally owned utilities.

(8)  Applicability. (a)  This section applies to community solar capacity that is

allocated on or before December 31, 2025.

(b)  Community solar capacity that is allocated on or after January 1, 2026, is

allocated pursuant to section 40-2-127.2.

Source: L. 2007: Entire section added, p. 265, � 2, effective March 27. L.

2010: Entire section amended, (HB 10-1342), ch. 344, p. 1592, � 1, effective June 5. L. 2015: (2)(b)(II) amended, (HB 15-1248), ch. 170, p. 519, � 1, effective May 8; (2)(b)(I)(C) added, (SB 15-046), ch. 142, p. 434, � 2, effective August 5. L. 2019: IP(3)(b) amended and (5)(a)(III.5) added, (SB 19-236), ch. 359, p. 3299, � 6, effective May 30; (2)(b)(I)(A), (2)(b)(II), and (5)(b)(I) amended and (2)(b)(I)(D) and (3.5) added, (HB 19-1003), ch. 360, p. 3336, � 2, effective August 2. L. 2020: IP(3.5)(b) amended, (HB 20-1402), ch. 216, p. 1058, � 70, effective June 30. L. 2023: IP(3.5)(b) amended, (SB 23-051), ch. 37, p. 149, � 33, effective March 23; (5)(b)(II) amended, (HB 23-1137), ch. 85, p. 296, � 1, effective August 7; (3.7) added, (SB 23-292), ch. 247, p. 1360, � 5, effective January 1, 2024. L. 2024: IP(5)(a)(IV) amended and (8) added, (SB 24-207), ch. 231, p. 1423, � 2, effective May 22.

Cross references: For the legislative declaration in SB 24-207, see section 1

of chapter 231, Session Laws of Colorado 2024.

C.R.S. § 40-2-127.2

40-2-127.2. Inclusive community solar development - definitions - subscription requirements - program capacity - energy bill credits - administration - rules - reports - applicability. (1) Definitions - rules. As used in this section, unless the context otherwise requires:

(a)  Agrivoltaics has the meaning set forth in section 35-1-114 (4)(a).


(b) (I)  Community solar bill credit means the credit value of the electricity

generated by a community solar facility and allocated to a subscriber to offset the subscriber's utility bill.

(II)  A community solar bill credit is calculated pursuant to the net metering

credit methodology established in section 40-2-127 (5)(b)(II)(A) to (5)(b)(II)(H).

(c)  Community solar facility, community solar project, or facility means

a facility:

(I)  Owned by a subscriber organization that generates electricity by means of

a solar photovoltaic device;

(II)  Through which a subscriber to the facility receives a community solar bill

credit for the electricity generated in proportion to the subscriber's share of the facility's kilowatt-hour output;

(III)  That constitutes retail distributed generation as described in section

40-2-124; and

(IV)  That is allocated inclusive community solar capacity on or after January

1, 2026.

(d)  Consolidated billing means the inclusion of the community solar bill

credit and the subscription charges on a customer's monthly electric utility bill.

(e)  Inclusive community solar means the capacity, interconnection, and

subscription requirements set forth in this section with which an investor-owned electric utility, subscriber organization, and subscription coordinator must comply with regard to community solar facilities that are allocated capacity on or after January 1, 2026.

(f)  Income-qualified subscriber means a residential utility customer who:


(I)  Has a household income at or below two hundred percent of the current

federal poverty line, as defined in 42 U.S.C. sec. 9902 (2);

(II)  Has a household income at or below eighty percent of the area median

income, as determined by the United States department of housing and urban development;

(III)  Meets income eligibility requirements as determined by the Colorado

department of human services by rule pursuant to section 40-8.5-105; or

(IV)  Demonstrates participation in one or more of the income-qualified

programs that are listed in subsection (5)(c)(III) of this section or that the commission determines pursuant to subsection (5)(c)(III)(G) of this section qualifies a prospective subscriber for eligibility as an income-qualified subscriber.

(g)  Investor-owned electric utility or utility means a retail electric utility

in the state that is not a cooperative electric association or a municipally owned electric utility.

(h)  Preferred location means location on a rooftop; a parking lot; another

impervious surface; a brownfield site, as defined in 42 U.S.C. sec. 9601 (39), as amended; a body of water; a municipal property; a state property; or another previously disturbed location as established by the commission as part of a distribution system plan pursuant to section 40-2-132 or other appropriate proceeding.

(i)  Subscriber means a retail customer of an investor-owned electric utility

that has one or more subscriptions with a community solar facility that is interconnected with the utility.

(j)  Subscriber organization means a person that develops, owns, or

operates a community solar facility and may include a municipality, a county, a for-profit organization, or a nonprofit organization but does not include an investor-owned electric utility.

(k)  Subscription means a contract between a subscriber and a subscriber

organization or a subscription coordinator for a portion of the output of a community solar facility.

(l)  Subscription coordinator means a person that:


(I)  Markets community solar facilities or otherwise provides services related

to community solar facilities;

(II)  Performs any administrative action to allocate subscriptions for a

community solar facility, connect a subscriber to a community solar facility, or enroll a customer in a community solar facility; and

(III)  Manages interactions between a subscriber organization and an

investor-owned electric utility.

(2)  Community solar facility and subscription requirements - rules. (a)  A

community solar facility must:

(I)  Have a nameplate capacity rating of five megawatts or less, as measured

in alternating current;

(II)  Interconnect to the electric distribution system of an investor-owned

electric utility;

(III)  Comply with all applicable requirements of the Colorado Energy Sector

Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24, if the community solar facility qualifies as an energy sector public works project as defined in section 24-92-303 (5);

(IV)  Reserve at least fifty-one percent of the community solar facility

capacity for subscribers who are income-qualified subscribers; and

(V)  Not allocate to a single subscriber more than forty percent of the

generating capacity of the facility.

(b)  A subscription to a community solar facility must:


(I)  Supply no more than one hundred twenty percent of the subscriber's

reasonably expected average annual total consumption of electricity; except that no more than two hundred percent of a subscriber's reasonably expected average annual total consumption of electricity may be supplied to a subscriber who is a direct bill, income-qualified subscriber; and

(II)  Be portable and transferable within the service territory of the investor-owned electric utility in which the community solar facility is interconnected to the

utility's electric grid.

(c)  Community solar facilities that are owned by the same subscriber

organization or by persons affiliated with the subscriber organization must not exceed five megawatt capacity measured in alternating current on a single parcel of land in an annual capacity allocation cycle.

(d)  A community solar facility that is sited on a preferred location or that

utilizes agrivoltaics may have an aggregate capacity of up to ten megawatts measured in alternating current.

(3)  Inclusive community solar capacity - allocation - interconnection

application - rules. (a) (I) On or after January 1, 2026, but before February 1, 2026, an investor-owned electric utility with more than five hundred thousand customers shall make available an annual capacity allocation of at least fifty megawatts of inclusive community solar capacity, and make available any unclaimed community solar capacity as determined in the utility's most recent commission-approved renewable energy plan, in accordance with this section.

(II)  On or before February 1, 2027, an investor-owned electric utility with

more than five hundred thousand customers shall make available an annual capacity allocation of at least fifty megawatts of inclusive community solar capacity, and make available any unclaimed inclusive community solar capacity from the previous allocation cycle, in accordance with this section.

(b) (I)  On or after January 1, 2026, but before February 1, 2026, an investor-owned electric utility with five hundred thousand or fewer customers shall make

available an annual capacity allocation of three and one-half megawatts of inclusive community solar capacity in accordance with this section.

(II)  On or before February 1, 2027, an investor-owned electric utility with five

hundred thousand or fewer customers shall make available an annual capacity allocation of three and one-half megawatts of inclusive community solar capacity available in accordance with this section.

(c)  On or before February 1, 2028, and periodically thereafter, the

commission shall determine, by rule or by order, the amount of inclusive community solar capacity that investor-owned electric utilities are required to make available and may adjust any requirements related to inclusive community solar specified in this section.

(d) (I)  All inclusive community solar capacity made available pursuant to this

section must be allocated to a subscriber organization that demonstrates site control, has received all applicable nonministerial permits, and has an executed interconnection agreement with the relevant utility.

(II)  Except as provided in subsection (8)(b)(II) of this section, inclusive

community solar capacity must be allocated on a first-come, first-served basis based on the day the application is received.

(e)  In order to facilitate equitable access to clean energy, an investor-owned

electric utility shall allow all interconnection applicants for retail distributed generation projects as described in section 40-2-124, including community solar facilities, to begin the interconnection process no later than sixty days after May 22, 2024.

(4)  Community solar bill credits, unsubscribed electricity, and renewable

energy credits - rules. (a) Beginning January 1, 2026, an investor-owned electric utility shall:

(I)  Acquire the entire electrical output of a community solar facility that is

connected to the utility's distribution system;

(II)  Apply community solar bill credits to subscribers' monthly bills as soon

as practicable but no later than sixty days after the month during which the community solar facility generated the electricity;

(III)  Provide community solar bill credits to a community solar facility's

subscribers for a term of twenty years after the date the facility begins generating bill credits or until the community solar facility is decommissioned or the subscriber organization ceases operations of a community solar facility, whichever occurs first;

(IV)  Carry over any amount of a community solar bill credit that exceeds the

subscriber's monthly bill and apply it to the subscriber's next monthly bill until the subscriber cancels service with the utility, at which point the utility shall donate any remaining community solar bill credits to a third-party administrator that is qualified and approved by the utility for the purpose of providing energy assistance and bill reductions to income-qualified subscribers within the utility's service territory;

(V)  On a monthly basis, provide to a subscriber organization or subscription

coordinator a report indicating the total value of community solar bill credits generated by the community solar facility in the prior month and the amount of the community solar bill credits applied to each subscriber; and

(VI)  Provide, if an investor-owned electric utility has more than five hundred

thousand customers, at the request of a subscriber organization or subscription coordinator, consolidated billing by:

(A)  Including the subscriber organization's or subscription coordinator's

monthly subscription charge on the customer's monthly bill for electric service and supply from the utility; and

(B)  Remitting the customer's payment of the subscriber organization's or

subscription coordinator's monthly subscription charge to the subscriber organization or subscription coordinator.

(b)  A subscriber organization shall, on a monthly basis and in an electronic

format, provide the investor-owned electric utility a subscriber list indicating the kilowatts of a community solar facility's nameplate capacity attributable to each subscriber. A subscriber organization shall update subscriber lists monthly to reflect any new subscribers, subscribers that have canceled their subscription, or subscribers that have adjusted subscription capacity.

(c) (I)  An investor-owned electric utility's purchase of the output of a

community solar facility must take the form of a community solar bill credit on the subscriber's monthly bill.

(II)  An investor-owned electric utility shall calculate the community solar bill

credit on a subscriber's monthly bill pursuant to the methodology established for community solar gardens in section 40-2-127 (5)(b)(II)(A) to (5)(b)(II)(H).

(d)  If a community solar facility is not fully subscribed in a given month, the

unsubscribed electricity generated by the facility may be rolled forward on the community solar facility account for up to one year after the month of generation and allocated by the subscriber organization or subscription coordinator to subscribers at any time during that year. At the end of the one-year period in which the unsubscribed electricity was rolled forward, any undistributed community solar bill credits are removed, and the investor-owned electric utility with which the community solar facility is interconnected shall purchase the unsubscribed energy at the utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.

(e)  A subscriber organization, subscription coordinator, or subscriber may

elect to donate banked community solar bill credits to a third-party administrator that is qualified and approved by the utility for the purpose of providing energy assistance and bill reductions to income-qualified subscribers within the utility's service territory.

(f)  The subscriber organization shall retire any renewable energy credits for

electricity generated by a community solar facility on behalf of the subscriber in the year the electricity is generated. The subscriber organization shall transfer any renewable energy credits for unsubscribed energy to the utility, which shall retire the credits on behalf of the utility's customers in the year the credits are generated in accordance with section 25-7-105 (1)(e)(VIII)(H).

(5)  Subscriber enrollment, verification, and protections. (a)  Subscriber

organizations, subscription coordinators, and representatives of such persons are prohibited from:

(I)  Using credit scores, utility customer scores, or any utility deposit

requirements to approve or deny a prospective residential subscriber's participation in a community solar facility;

(II)  Charging a sign-up fee or termination fee to a residential subscriber;


(III)  Engaging in misleading or deceptive conduct; and


(IV)  Making false or misleading representations.


(b) (I)  A subscriber organization shall provide an income-qualified subscriber

who is a subscriber a discount of at least twenty-five percent of the value of the subscriber's community solar bill credit by limiting the subscriber's subscription charge to no more than seventy-five percent of the value of the subscriber's community solar bill credit.

(II)  For a community solar facility that receives federal tax incentives created

by the federal Inflation Reduction Act of 2022, Pub.L. 117-169, for the specific purpose of being located in an energy community, the subscriber organization shall provide an income-qualified subscriber who is a subscriber a discount of at least thirty percent of the value of the subscriber's community solar bill credit by limiting the subscriber's subscription charge to no more than seventy percent of the value of the subscriber's community solar bill credit.

(III)  For a community solar facility that receives federal tax incentives

created by the federal Inflation Reduction Act of 2022, Pub.L. 117-169, to provide utility bill savings to income-qualified households pursuant to federal eligibility requirements, the subscriber organization shall provide an income-qualified subscriber who is a subscriber a discount of at least fifty percent of the value of the subscriber's community solar bill credit by limiting the subscriber's subscription charge to no more than fifty percent of the value of the subscriber's community solar bill credit.

(IV)  For a community solar facility that receives both of the federal tax

incentives described in subsections (5)(b)(II) and (5)(b)(III) of this section, the subscriber organization shall provide an income-qualified subscriber who is a subscriber a discount of at least fifty-five percent of the value of the subscriber's community solar bill credit by limiting the subscriber's subscription charge to no more than forty-five percent of the value of the subscriber's community solar bill credit.

(V)  A subscriber organization or subscription coordinator shall provide, at the

request of the commission, details regarding the guaranteed discounts described in subsections (5)(b)(I), (5)(b)(II), (5)(b)(III), and (5)(b)(IV) of this section granted to income-qualified subscribers in a form that is specified by the commission.

(VI)  In the event that there is unclaimed inclusive community solar capacity,

stakeholders may petition the commission to, or the commission may through an appropriate proceeding, consider altering the guaranteed discounts described in subsections (5)(b)(I), (5)(b)(II), (5)(b)(III), and (5)(b)(IV) of this section for income-qualified subscribers.

(c)  A subscriber organization or subscription coordinator shall use any one or

more of the following methods to verify the income of a prospective subscriber, or a member of the household for which the subscription is attributed, for eligibility as an income-qualified subscriber:

(I)  Self-attestation;


(II)  Proof of residence in an affordable housing community; or


(III)  Evidence of eligibility for or enrollment in at least one of the following

programs:

(A)  The weatherization assistance program in the Colorado energy office, as

described in section 24-38.5-102 (1)(g);

(B)  The supplemental nutrition assistance program in the department of

human services, established in part 3 of article 2 of title 26;

(C)  Medicaid, as defined in section 10-16-1203 (8);


(D)  The head start program in the department of early childhood, as defined

in section 26.5-4-103 (6);

(E)  Free and reduced-price school meals pursuant to the federal Richard B.

Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., or a similar free or reduced-price school meals program;

(F)  The federal low-income home energy assistance program administered

by the United States department of health and human services' administration for children and families pursuant to 42 U.S.C. sec. 8621 et seq., as amended; or

(G)  Any other governmental or local assistance program that the commission

determines qualifies a prospective subscriber for eligibility as an income-qualified subscriber.

(d)  The commission shall adopt a uniform disclosure form that identifies the

information that a subscriber organization or subscription coordinator shall provide to a potential subscriber. The disclosure form must:

(I)  Disclose future costs and benefits of subscriptions;


(II)  Disclose key contract terms;


(III)  Provide grievance, enforcement, and cancellation procedures;


(IV)  Provide other relevant information pertaining to the subscriptions; and


(V)  Be offered in both English and Spanish languages and, when appropriate,

Native American or Indigenous languages.

(e)  Subscriber organizations are encouraged to conduct targeted outreach

to tribal customers by partnering with Colorado-based nonprofit organizations that have a primary mission of improving the socioeconomic conditions of and providing energy assistance for tribal customers who are not located on a reservation.

(6)  Cost recovery. An investor-owned electric utility shall be allowed to

recover prudently incurred costs, including energy purchases and administrative and information technology expenses, in a manner approved by the commission by rule or other appropriate mechanism.

(7)  Interconnection - reports. (a)  An investor-owned electric utility shall

share all results from any interconnection study conducted pursuant to commission rules with the interconnection applicant pursuant to utility confidentiality requirements.

(b)  On or before January 31, 2025, an investor-owned electric utility with

more than five hundred thousand customers shall file with the commission updates to appropriate tariffs that are necessary to implement pro rata interconnection cost-sharing mechanisms for system upgrades whereby a community solar facility only pays the facility's proportional share of newly created hosting capacity associated with the facility.

(c)  When an investor-owned electric utility with more than five hundred

thousand customers files a distribution system plan with the commission pursuant to section 40-2-132, the investor-owned electric utility shall:

(I)  Provide information when interconnection costs for a community solar

facility exceed twenty cents per watt, measured in alternating current, and propose to the commission potential solutions to facilitate future interconnections in that same geographic area that may include:

(A)  Cost-sharing mechanisms among subscriber organizations or between an

interconnection applicant and the utility;

(B)  Distribution grid upgrades, such as distributed energy storage, which

may be funded by the utility, interconnection applicant, or some combination of the utility and interconnection applicant; or

(C)  Flexible interconnection practices; and


(II)  Include the following information in a report to the commission as part of

the distribution system plan, which is filed with the commission pursuant to section 40-2-132:

(A)  The amount of inclusive community solar capacity awarded pursuant to

this section;

(B)  The amount of operational community solar capacity developed pursuant

to this section and section 40-2-127; and

(C)  A narrative detailing the utility's progress toward facilitating cost-effective interconnection of community solar facilities with the utility's distribution

system.

(8)  Program administration. (a)  The commission shall:


(I)  Adopt and enforce all rules required under this section;


(II)  Require investor-owned electric utilities to file the tariffs, the

agreements, or other forms necessary for the implementation of this section;

(III)  Establish a deadline by which an investor-owned electric utility with

more than five hundred thousand customers shall implement a consolidated billing program and direct the utility to track all costs associated with implementing and operating the consolidated billing program so that the commission may establish a fee to be paid to the investor-owned electric utility by subscriber organizations that elect to utilize a consolidated billing program in order to offset the costs of implementing and operating the consolidated billing program;

(IV)  Coordinate with the Colorado energy office created in section 24-38.5-101 (1) to ensure alignment with any federal grant funding received by the state for

the purpose of supporting low-income community solar projects;

(V)  Clarify that subscriber organizations, subscription coordinators, or

subscribers are not considered public utilities subject to regulation by the commission solely as a result of their participation in inclusive community solar;

(VI)  Consider the integration of community solar subscriptions for income-qualified subscribers with other programs designed to reduce customer utility bills

and deliver energy-related services, including programs related to demand-side management, beneficial electrification, and transportation electrification; and

(VII)  Conduct multilingual and culturally relevant outreach to engage,

educate, and solicit input from representatives from disproportionately impacted communities, in accordance with section 40-2-108, and consider additional strategies as necessary to ensure robust participation by members of disproportionately impacted communities in any rule-making related to inclusive community solar. The commission shall consider a process to compensate individuals who participate in the outreach for their participation, at a level determined appropriate by the commission.

(b)  On or before November 1, 2025, an investor-owned electric utility shall

file an application with the commission, either as a standalone application or as part of another application that is being filed with the commission, that:

(I)  Enables the allocation of inclusive community solar capacity that is

required to be made available by the investor-owned electric utility pursuant to this section; and

(II)  Establishes a process for the investor-owned electric utility to prioritize

community solar facilities located on preferred locations over community solar facilities not located on preferred locations, which process must only be used to prioritize between facilities applying for inclusive community solar capacity on the day that qualified community solar facility applications exceed the remaining available capacity in an annual capacity allocation cycle; however, the investor-owned electric utility shall not create a waiting list that carries over into the next year.

(c)  On or before January 1, 2029, the commission shall report to the house of

representatives energy and environment committee and the senate transportation and energy committee, or their successor committees, on the community solar facilities developed pursuant to this section. The report must include:

(I)  The percentage of awarded inclusive community solar capacity that was

successfully interconnected to investor-owned electric utility distribution systems;

(II)  The total number of income-qualified subscribers who are subscribers

served by a community solar facility and any impacts that the subscriptions have on the average annual bill cost of those income-qualified subscribers;

(III)  The total number of income-qualified subscribers who participated in

inclusive community solar in conjunction with other programs designed to reduce customer utility bills, support beneficial electrification, and advance energy efficiency; and

(IV)  Any other information related to community solar facilities developed

pursuant to this section that the commission deems necessary.

(9)  Applicability. (a)  This section applies to inclusive community solar

capacity that is allocated on or after January 1, 2026.

(b)  Community solar capacity that is allocated on or before December 31,

2025, is allocated pursuant to section 40-2-127.

Source: L. 2024: Entire section added, (SB 24-207), ch. 231, p. 1424, � 3,

effective May 22.

Cross references: For the legislative declaration in SB 24-207, see section 1

of chapter 231, Session Laws of Colorado 2024.

C.R.S. § 40-2-128

40-2-128. Solar photovoltaic installations - supervision - qualifications of electrical contractors - definitions. (1) For all photovoltaic installations allowed under section 40-2-124 with a direct current design capacity of less than three hundred kilowatts:

(a) (I) (A)  The performance of all photovoltaic electrical work, the installation

of photovoltaic modules, and the installation of photovoltaic module mounting equipment is subject to on-site supervision by a certified photovoltaic energy practitioner, as designated by the North American Board of Certified Energy Practitioners (NABCEP) and that is working for a photovoltaic installer, or a licensed master electrician, licensed journeyman electrician, or licensed residential wireman, as those terms are defined in section 12-115-103.

(B)  In the case of building-integrated photovoltaic technology, if the type of

building-integrated photovoltaic technology installed or the scope of the building-integrated photovoltaic installation involved does not require a licensed master electrician, licensed journeyman electrician, or licensed residential wireman to perform the installation work and the installation work concerns the installation of roofing materials, the on-site supervision may be performed by a certified solar energy installer, as designated by NABCEP or Roof Integrated Solar Energy (RISE).

(C)  For a building-integrated photovoltaic installation, a licensed master

electrician, licensed journeyman electrician, or licensed residential wireman must perform the installation work for any stage of the installation after the installation materials penetrate the roof, a structural wall, or another part of the building, or any stage of the installation in which the building-integrated photovoltaic materials transition to a surface-mounted junction box and utilize types of conduit and building wire that are approved by the national electrical code, as defined in section 12-115-103 (8).

(D)  By submitting an initial application for funding or an initial contract

proposal, the applicant assumes responsibility for employing or contracting with one or more certified energy practitioners or licensed master electricians, licensed journeyman electricians, or licensed residential wiremen to supervise the installation and as necessary to maintain the three-to-one ratio required by subsection (1)(b) of this section, including during any off-site, preinstallation assembly. Payment of any incentives for the work shall not be approved until the applicant supplies the name and certification number of each certified energy practitioner or the license number of each master electrician, journeyman electrician, or residential wireman who actually provided on-site supervision or was present to maintain the three-to-one ratio required by subsection (1)(d) of this section.

(II)  Neither the commission nor the utility shall have responsibility for

monitoring or enforcing compliance with this section. It shall be the responsibility of the applicant to obtain the information required by subparagraph (I) of this paragraph (a), and it shall be the responsibility of the qualifying retail utility to obtain from the applicant and retain, for at least one year after completion of the installation, copies of all documentation submitted by the applicant in connection with the installation.

(b)  All work performed on the alternating-current side of the inverter will be

performed by an electrical contractor who employs a licensed journeyman electrician or a licensed residential wireman who will perform the work. All electrical work that pertains to article 115 of title 12 will be performed by an electrical apprentice registered with the appropriate state regulatory agency, a licensed journeyman electrician, or a licensed residential wireman. The appropriate ratio of no less than one journeyman or residential wireman for every three electrical apprentices will be maintained.

(c)  Repealed.


(d)  On a system with a direct current design capacity of less than three

hundred kilowatts:

(I)  The ratio of the number of persons who are assisting with the work and

who are neither licensed electricians nor registered electrical apprentices to the number of persons who are certified as provided in paragraph (a) of this subsection (1) shall never exceed three to one, and a person who is both licensed and certified shall not count double for purposes of measuring this ratio, during the following stages:

(A)  The installation of photovoltaic modules;


(B)  The installation of photovoltaic module mounting equipment; and


(C)  Any photovoltaic electrical work; and


(II)  There shall be, at all times, at least one on-site supervisor who is certified

as provided in paragraph (a) of this subsection (1).

(2)  As used in this section, unless the context otherwise requires:


(a) (I)  Photovoltaic electrical work means electrical work performed on a

photovoltaic system that is covered electrical work in accordance with the national electrical code, including articles 90.2 (1), 90.2 (3), 100, and 690 of the national electrical code.

(II)  Photovoltaic electrical work includes the preinstallation assembly of

photovoltaic modules to photovoltaic module mounting equipment for installation on-site.

(III)  Photovoltaic electrical work does not include site preparation,

trenching or excavating, hauling, or other work that is not specifically described in subparagraph (I) or (II) of this paragraph (a).

(a.5)  Photovoltaic installer means a contractor that:


(I)  Is not a registered electrical contractor, as defined in section 12-115-103

(4);

(II)  Is registered with the state electrical board as a photovoltaic installer

pursuant to section 12-115-110 (7) no later than December 31, 2026;

(III)  Is a business in good standing with the state and registered with the

secretary of state;

(IV)  Is performing photovoltaic electrical work as of September 1, 2025; and


(V)  Employs a NABCEP PV installation professional, as defined in section 12-115-103 (7.7).


(b)  Photovoltaic module means the module or panel that generates

electricity through a photovoltaic process.

(c)  Photovoltaic module mounting equipment means the racking, mounting,

apparatus, equipment, or structure that physically supports and secures one or more photovoltaic modules in place or to a roof, wall, foundation, or pedestal.

(3)  This section does not affect the state electrical board's regulation of

photovoltaic electrical work performed on photovoltaic installations with a current design capacity of at least three hundred kilowatts pursuant to section 12-115-107 (2)(f).

Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 150, � 4,

effective August 11. L. 2013: IP(1) and (1)(a)(I) amended, (SB 13-186), ch. 159, p. 513, � 2, effective May 3. L. 2019: IP(1), (1)(a)(I)(D), and IP(1)(d) amended and (1)(c) repealed, (HB 19-1003), ch. 360, p. 3338, � 3, effective August 2; (1)(a)(I)(A), (1)(a)(I)(C), and (1)(b) amended, (HB 19-1172), ch. 136, p. 1732, � 258, effective October 1. L. 2025: (1)(a)(I)(A) and (2)(a)(I) amended and (2)(a.5) and (3) added, (SB 25-165), ch. 370, p. 1999, � 4, effective August 6.

C.R.S. § 40-3-111

40-3-111. Rates determined after hearing. (1) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that the rates, tolls, fares, rentals, charges, or classifications demanded, observed, charged, or collected by any public utility for any service, product, or commodity, or in connection therewith, including the rates or fares for excursion or commutation tickets, or that the rules, regulations, practices, or contracts affecting such rates, fares, tolls, rentals, charges, or classifications are unjust, unreasonable, discriminatory, or preferential, or in any way violate any provision of law, or that such rates, fares, tolls, rentals, charges, or classifications are insufficient, the commission shall determine the just, reasonable, or sufficient rates, fares, tolls, rentals, charges, rules, regulations, practices, or contracts to be thereafter observed and in force and shall fix the same by order. In making such determination, the commission may consider current, future, or past test periods or any reasonable combination thereof and any other factors which may affect the sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or classifications during the period the same may be in effect, and may consider any factors which influence an adequate supply of energy, encourage energy conservation, or encourage renewable energy development.

(1.5) (a)  If the commission considers environmental effects when comparing

the costs and benefits of potential utility resources, it shall also make findings and give due consideration to the effect that acquiring such resources will have on the state's economy and employment, including, but not limited to, the effect on the mining, electric, natural gas, energy efficiency, and renewable resource industries.

(b)  If the commission considers factors which encourage renewable energy

development, it shall also make findings and give due consideration to the effect of such factors on the utility's ability to recover its capital and operating costs.

(2) (a)  The commission has the power, after a hearing upon its own motion or

upon complaint, to investigate a single rate, fare, toll, rental, charge, classification, rule, contract, or practice, or the entire schedule of rates, fares, tolls, rentals, charges, classifications, rules, contracts, and practices of any public utility; and to establish new rates, fares, tolls, rentals, charges, classifications, rules, contracts, practices, or schedules, in lieu thereof.

(b)  As part of any inquiry or investigation into rate structures of regulated

electric utilities undertaken on or before July 1, 2009, the commission shall consider whether to adopt retail rate structures that enable the use of solar or other renewable energy resources in agricultural applications, including, but not limited to, irrigation pumping.

Source: L. 13: p. 475, � 23. C.L. � 2934. CSA: C. 137, � 24. CRS 53: � 115-3-11.

C.R.S. 1963: � 115-3-11. L. 81: (1) amended, p. 1914, � 1, effective July 1. L. 93: (1.5) added, p. 202, � 1, effective March 31. L. 94: (1) and (1.5) amended, p. 611, � 3, effective April 8. L. 2008: (2) amended, p. 1793, � 9, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act

amending subsections (1) and (1.5), see section 1 of chapter 102, Session Laws of Colorado 1994.

C.R.S. § 6-1-1801

6-1-1801. Definitions. As used in this part 18, unless the context otherwise requires:

(1) (a)  Agreement means an agreement between a solar sales company and

a consumer that is in the form of:

(I)  A contract for the purchase of a residential solar electric system or

residential battery energy storage system;

(II)  A lease for a third-party-owned residential solar electric system or

residential battery energy storage system; or

(III)  A power purchase agreement.


(b)  Agreement includes both cash purchases and financed purchases of

residential solar electric systems or residential battery energy storage systems.

(2)  Consumer means an individual who seeks or acquires a residential solar

electric system or residential battery energy storage system for personal, family, or household purposes.

(3)  Financing agreement means an agreement involving credit offered or

extended to a consumer to acquire a residential solar electric system or residential battery energy storage system primarily used for personal, family, or household purposes.

(4)  Lease means a contract in the form of a bailment or lease for the use of

a residential solar electric system or residential battery energy storage system by a consumer primarily used for personal, family, or household purposes, for a period exceeding four months and for a total contractual obligation not exceeding the applicable threshold amount, pursuant to applicable federal regulations, whether or not the lessee has the option to purchase or otherwise become the owner of the residential solar electric system or residential battery energy storage system upon the expiration of the lease.

(5)  Power purchase agreement means a financial agreement in which a

solar sales company arranges for the design, permitting, financing, and installation of a residential solar electric system or residential battery energy storage system and sells the power generated from or stored by the system to a consumer.

(6)  Residential battery energy storage system means a system or facility

that:

(a)  Stores electricity to be used at a later time;


(b)  Uses solar energy or grid energy to recharge;


(c)  Is located on the real property of a customer of an electric utility;


(d)  Is connected on the customer's side of the electricity meter;


(e)  Provides stored electricity primarily to offset customer load on the

customer's real property; and

(f)  Is primarily used for personal, family, or household purposes.


(7)  Residential solar electric system means a system or facility that:


(a)  Uses solar energy to generate electricity;


(b)  Is located on the real property of a customer of an electric utility;


(c)  Is connected on the customer's side of the electricity meter;


(d)  Provides electricity primarily to offset customer load on the customer's

real property; and

(e)  Is primarily used for personal, family, or household purposes.


(8)  Salesperson means an employee of or independent contractor hired by

a solar sales company who solicits, sells, negotiates, or executes agreements for residential solar electric systems or residential battery energy storage systems.

(9) (a)  Solar installation company means an entity that installs a residential

solar electric system or residential battery energy storage system on behalf of a consumer or a third party from whom a consumer will:

(I)  Lease the residential solar electric system or residential battery energy

storage system; or

(II)  Purchase electricity generated by the system.


(b)  Solar installation company does not include:


(I)  An entity that is a third-party owner or financier of a residential solar

electric system or residential battery energy storage system that does not install the system; or

(II)  A consumer who self-installs a residential solar electric system or

residential battery energy storage system.

(10) (a)  Solar sales company means:


(I)  An entity that engages in a transaction with a consumer to sell, or

negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system; or

(II)  An entity that engages in a transaction with a consumer to lease, or enter

into a power purchase agreement for, a residential solar electric system or residential battery energy storage system that is owned by a third party from whom the consumer will:

(A)  Lease the residential solar electric system or residential battery energy

storage system; or

(B)  Purchase electricity generated from or stored by the system.


(b)  Solar sales company includes a person that engages in the sale of a

residential solar electric system or residential battery energy storage system that is not registered with the Colorado secretary of state.

(c)  Solar sales company does not include:


(I)  An entity that is a third-party owner or financier of a residential solar

electric system or residential battery energy storage system that does not sell the system; or

(II)  A consumer who self-installs a residential solar electric system or

residential battery energy storage system.

(11)  System means a residential solar electric system or residential battery

energy storage system.

(12)  Uniform Commercial Code means the Uniform Commercial Code

codified in title 4.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2420, � 2,

effective August 6.

C.R.S. § 6-1-1802

6-1-1802. Applicability of part. (1) This part 18 applies to a residential solar electric system or residential battery energy storage system agreement entered into on or after July 1, 2026.

(2)  This part 18 does not apply to:


(a)  The transfer of title or rental of real property on which a residential solar

electric system or residential battery energy storage system is or is expected to be located;

(b)  A lender, governmental entity, or other third party that enters into an

agreement with a consumer to finance a residential solar electric system or residential battery energy storage system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;

(c)  An agreement for a solar electric system or battery energy storage

system that is not between a solar sales company and a consumer; or

(d)  An agreement for a residential solar electric system or residential battery

energy storage system that is installed as a feature of new construction and for which the system is sold in conjunction with residential real property.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2423, � 2,

effective August 6.

C.R.S. § 6-1-1803

6-1-1803. Agreements for residential solar electric systems or residential battery energy storage systems - disclosures to consumer required. (1) (a) Before entering into an agreement with a consumer for a residential solar electric system or residential battery energy storage system, a solar sales company shall provide to the consumer a written disclosure form that is not more than four pages in length and contains the following information, in a font no smaller than ten points:

(I)  The name, physical address, telephone number, and email address of:


(A)  The solar sales company;


(B)  The solar installation company, if different than the solar sales company;

and

(C)  The system maintenance provider, if different than the solar sales

company;

(II)  If the solar sales company does not communicate with consumers by

telephone, another method of communication in addition to email;

(III)  The payment schedule for up-front costs, including payments due at

signing, commencement of installation, and completion of installation, if applicable;

(IV)  System design assumptions, including system size, estimated first-year

production, estimated annual system production degradation, presence of energy storage, energy storage capacity, and a description of the equipment needed to provide backup power;

(V)  A disclosure notifying the consumer whether and to what extent system

maintenance and repairs are included in the system agreement and any system maintenance costs for which the consumer will be responsible;

(VI)  A disclosure describing warranties for the repair of any damage to the

consumer's real property in connection with system installation or removal;

(VII)  A description of applicable performance or production guarantees;


(VIII)  A description of the basis for any cost-savings estimates that were

provided to the consumer, if applicable, which description must include the applicable utility rates and energy and delivery costs, the expected utility bill savings based on the consumer's prior twelve months of utility bills, and the estimated system production and status of utility compensation for excess energy generated by the system at the time of contract signing;

(IX)  A disclosure concerning the potential availability of renewable energy

credits, if applicable, including an explanation of what renewable energy credits are and how to find out more about them;

(X)  Information regarding the operational capabilities of a residential solar

electric system or residential battery energy storage system, as applicable, during an electrical outage;

(XI)  The following statement: Estimates of cost savings are based on best

calculations from the previous twelve months of utility bills, or, if twelve months of utility bills are not available, a reasonable estimate of cost savings. The assumptions, such as the rate your utility charges for electricity, that are used to estimate cost savings may change. There may be utility fees that cannot be offset with solar, and compensation for excess electricity sent back to the grid may be credited to your bill by the utility at rates below what you pay for electricity. For further information regarding rates, you may contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission. Tax and other state and federal incentives offered are subject to change or termination by executive, legislative, or regulatory action, which may impact savings estimates. Please read your contract carefully for more details.

(XII)  A disclosure that the solar sales company is not affiliated with the local

utility;

(XIII)  The following statement: The interconnection procedures for a

residential solar energy system or residential battery energy storage system are subject to the policies of the local utility. For information on the specific interconnection policies and procedures applicable to your system, you should contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission.

(XIV)  A summarized explanation of the maintenance, operations, and

monitoring requirements of the system including an explanation of equipment and labor warranties; and

(XV)  A disclosure about the impact of installing a residential solar energy

system on any existing roof warranties.

(b)  A solar sales company shall offer consumers a sales presentation in both

English and Spanish, if requested, and shall provide a consumer the disclosure form described in subsection (1)(a) of this section in the language in which the sales presentation was made to the consumer.

(c)  A solar sales company shall address concerns raised by a consumer

regarding the disclosure form provided pursuant to subsection (1)(a) of this section during the welcome call conducted pursuant to section 6-1-1809.

(2)  In the case of a lease for a residential solar electric system or residential

battery energy storage system in which a solar sales company is the lessor, the written disclosure form required pursuant to subsection (1) of this section must also include the following information:

(a)  The length of the lease;


(b)  The amount of each monthly payment for the first year of the lease;


(c)  The estimated total amount of lease payments over the length of the

lease;

(d)  The rate of any payment increases and the date of the first increase, if

applicable;

(e)  The total number of lease payments;


(f)  Payment due dates and the manner in which the consumer will receive

invoices;

(g)  A disclosure notifying the consumer whether the lessor will be filing a

Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and

(h)  A disclosure describing the transferability of the lease and the conditions

for lease transfers in connection with a consumer selling the real property.

(3)  In the case of a power purchase agreement, the written disclosure form

required pursuant to subsection (1) of this section must also include the following information:

(a)  The length of the power purchase agreement;


(b)  The rates for the first year of the power purchase agreement;


(c)  The rate of any payment increases and the date of the first increase, if

applicable;

(d)  The total number of power purchase agreement payments;


(e)  Payment due dates and the manner in which the consumer will receive

invoices;

(f)  Any one-time or recurring fees, including a description of the

circumstances triggering late fees; estimated system removal fees; notice removal and refiling fees assessed pursuant to the Uniform Commercial Code; internet connection fees; and automated clearing house fees, if applicable;

(g)  A disclosure notifying the consumer whether the owner of the system will

be filing a Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and

(h)  A disclosure describing the transferability of the system in connection

with the consumer selling the real property.

(4)  In the case of a purchase of a residential solar electric system or

residential battery energy storage system, the written disclosure form required pursuant to subsection (1) of this section must also include the following information:

(a)  The purchase price;


(b)  Estimated start and completion dates for installation, accompanied by

the following statement: Start and completion dates are only an estimate and may be impacted by delays that may be outside the control of the solar installation company.

(c)  A disclosure notifying the purchaser of the party or parties responsible

for obtaining interconnection approval; and

(d)  The following statement: Laws and regulations about state and federal

tax credits are subject to change. Any statement made in these disclosures should not be construed as tax advice. You are encouraged to consult a tax expert regarding any reductions or potential reductions in your tax liability associated with purchasing a residential solar electric system or residential battery energy storage system.

(5)  If a consumer's local utility has a public website with information

explaining the utility's interconnection procedures, a solar sales company shall provide a link to the website to the consumer.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2423, � 2,

effective August 6.

C.R.S. § 6-1-1804

6-1-1804. Agreements - contract terms and requirements - cooling-off period. (1) A contract for the sale or lease of, or power purchase agreement for, a residential solar electric system or residential battery energy storage system must:

(a)  Include, in conspicuous language, key contract terms such as price and

financing terms;

(b)  Be written in either English or Spanish, whichever is the same language in

which the sale, lease, or power purchase agreement was made; and

(c)  Include a dispute resolution process.


(2)  An agreement for the sale of a residential solar electric system or

residential battery energy storage system must contain the following information:

(a)  The name, physical address, telephone number, and email address of:


(I)  The solar sales company that sold the system;


(II)  The solar installation company, if different than the solar sales company;

and

(III)  If applicable, the salesperson who solicited or negotiated the agreement;


(b)  The purchase price;


(c)  The payment schedule, if applicable;


(d)  A description of the project, including the system size expressed in

kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;

(e)  Estimated start and completion dates for installation, accompanied by

the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.

(f)  An explanation of applicable warranties or guarantees, including the

transferability of any obligations, in compliance with the federal Magnuson-Moss Warranty--Federal Trade Commission Improvement Act, 15 U.S.C. sec. 2301 et seq.;

(g)  The name of the local utility; and


(h)  Which party or parties are responsible for filing the interconnection

application and permits.

(3)  An agreement for the lease of a residential solar electric system or

residential battery energy storage system must contain the following information:

(a)  The name, physical address, telephone number, and email address of:


(I)  The lessor;


(II)  The solar installation company, if different than the lessor; and


(III)  If applicable, the salesperson who solicited or negotiated the agreement;


(b)  If the lessor does not communicate with consumers by telephone,

another method of communication in addition to email;

(c)  The total payments required pursuant to the lease and the payment

schedule, including the number, amount, and due dates or periods of payments;

(d)  A description of the project, including the system size expressed in

kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;

(e)  Estimated start and completion dates for installation, accompanied by

the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.

(f)  An explanation of applicable warranties or guarantees, including the

transferability of any obligations;

(g)  A description of the maintenance and repair responsibilities of each

party;

(h)  An explanation of whether the consumer has the right to purchase the

leased system, either during the lease term or at the termination of the lease, and, if so, the purchase price;

(i)  A description of the consumer's options to transfer the lease to a third

party and the conditions for a transfer;

(j)  Which party or parties are responsible for filing the interconnection

application and permits; and

(k)  A description of any security interest filed against the system, including

Uniform Commercial Code financing statements.

(4)  A power purchase agreement for a residential solar electric system or

residential battery energy storage system in which a solar sales company is the lessor must contain the following information:

(a)  The name, physical address, telephone number, and email address of:


(I)  The solar sales company;


(II)  The solar installation company, if different than the solar sales company;

and

(III)  If applicable, the salesperson who solicited or negotiated the agreement;


(b)  If the solar sales company does not communicate with consumers by

telephone, another method of communication in addition to email;

(c)  The payment schedule for the sale of output of the residential solar

electric system, including the number, amount, and due dates or periods of payments;

(d)  A description of the project, including the system size expressed in

kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;

(e)  Estimated start and completion dates for installation, accompanied by

the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.

(f)  An explanation of applicable warranties or guarantees, including the

transferability of any obligations;

(g)  A description of the maintenance and repair responsibilities of each

party;

(h)  An explanation of whether the consumer has the right to purchase the

system, either during the term of the power purchase agreement or at the termination of the power purchase agreement, and, if so, the purchase price;

(i)  A description of the consumer's options to transfer the contract to a third

party and the conditions for a transfer;

(j)  Which party or parties are responsible for filing the interconnection

application and permits; and

(k)  A description of any security interest filed against the system, including

Uniform Commercial Code financing statements.

(5)  In the case of a sale of a residential solar electric system or residential

battery energy storage system:

(a)  A consumer has at least three business days after receiving the initial

signed agreement to cancel the agreement without financial penalty, subject to section 6-1-1809 (3), with the exception of any nonrefundable deposits collected before receipt of the signed agreement, in an amount not to exceed one hundred dollars;

(b)  The seller shall verbally explain to the consumer the consumer's right to

rescind the agreement without financial penalty upon the consumer signing the agreement and shall provide the specific date up until the agreement may be canceled by the consumer;

(c)  An agreement must include, adjacent to the signature line, the following

statement in bold-faced font: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

(d)  An agreement must include a copy of a cancellation form in substantially

the same form set forth in federal regulations regarding cooling-off periods for sales made at homes or at certain other locations; and

(e)  Compliance with federal regulations adopted under the Federal Trade

Commission Act of 1914, 15 U.S.C. sec. 41 et. seq., regarding cooling-off periods for sales made at homes or at certain other locations constitutes compliance with this subsection (5).

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2427, � 2,

effective August 6.

C.R.S. § 6-1-1805

6-1-1805. Financing of residential solar electric systems and residential battery energy storage systems - documents required. (1) If a residential electric solar system or residential battery energy storage system is financed, the financing documents must include:

(a)  The length, terms, and cost of the financing agreement in clear and

conspicuous language;

(b)  An explanation of whether the financier will be filing an encumbrance

against the real property and, if so, the impact of the filing on a future real property transaction; and

(c)  A notification of any security interest filed against the residential solar

electric system or residential battery energy storage system, including Uniform Commercial Code financing statements.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2431, � 2,

effective August 6.

C.R.S. § 6-1-1806

6-1-1806. Salespersons. (1) An independent contractor may be retained by a solar sales company as a salesperson. Notwithstanding the salesperson's status as an independent contractor, the solar sales company that employs the independent contractor as a salesperson is responsible for ensuring compliance with this part 18 and for any loss or damages resulting from noncompliance by the independent contractor when acting on behalf of the solar sales company.

(2)  A salesperson may be employed by more than one solar sales company.


(3)  In the absence of a state law or local government ordinance, a

salesperson shall not visit a residence to conduct a sale except between the hours of 9 a.m. and 8 p.m.

(4)  Notwithstanding subsection (3) of this section, a consumer may schedule

a meeting with a salesperson between the hours of 8 p.m. and 9 a.m.

(5)  A salesperson shall not visit a residence that has posted a no

solicitation sign.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2431, � 2,

effective August 6.

C.R.S. § 6-1-1807

6-1-1807. Misrepresentations prohibited. (1) (a) Written or digital sales materials for a residential solar electric system or residential battery energy storage system that are provided in the state shall not include the names, logos, pictures, or other indicia of a public utility, cooperative electric association formed pursuant to article 9.5 of title 40, or municipal utility, unless a salesperson has received express written consent to do so from the relevant utility or is otherwise complying with federal fair use laws.

(b)  For the purposes of this subsection (1), written or digital sales materials

include online sales banners, click-through banners, social media advertisements, and other materials that could generate a sale or sale lead of a residential solar electric system or residential battery energy storage system over the internet.

(2)  A solar sales company shall not purchase solar sales leads from a

company that does not comply with the requirements of subsection (1) of this section.

(3)  A solar sales company shall not represent, verbally or in writing, that the

solar sales company is affiliated with, sponsored by, or approved by a consumer's local utility without the express, written consent of the local utility.

(4)  A solar sales company shall not represent, verbally or in writing, that the

solar sales company is affiliated with, sponsored by, or approved by a state incentive program without the express, written consent of the state agency in charge of the state incentive program.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2431, � 2,

effective August 6.

C.R.S. § 6-1-1808

6-1-1808. Record retention and consumer privacy. (1) A solar sales company or a designated representative of the solar sales company shall retain a copy of each signed agreement for a period of not less than four years after the date of the transaction.

(2)  Consumer personal information must be maintained consistent with the

Colorado Privacy Act, part 13 of this article 1, and other applicable data privacy laws.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2432, � 2,

effective August 6.

C.R.S. § 6-1-1809

6-1-1809. Welcome calls - information provided to consumer. (1) On or after the date of the transaction of an agreement, a solar sales company or a designated representative of the solar sales company shall conduct a welcome call with the new consumer, in the language used during the sales presentation.

(2)  The welcome call must include the following information:


(a)  Confirmation of the identity of the consumer;


(b)  The price of the residential solar electric system or residential battery

energy storage system, as applicable;

(c)  A description of the project, including the system size, expressed in

kilowatts of direct current electricity and kilowatts of alternating current electricity; the energy storage system to be installed, if applicable, including capacity, expressed in kilowatt-hours; and a statement that a residential solar electric system will not provide backup power without being paired with an energy storage system;

(d)  For a lease or power purchase agreement, the duration of the contract;


(e)  The consumer's right to cancel the agreement without financial penalty

within three business days after signing a contract, subject to subsection (3) of this section;

(f)  A reminder that the consumer should review the disclosure form and

agreement; and

(g)  An explanation of the costs of the system being installed and applicable

financing terms.

(3)  The consumer's right to cancel a transaction within three business days

after the date of the transaction does not begin to run until the welcome call is conducted.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2432, � 2,

effective August 6.

C.R.S. § 6-1-1810

6-1-1810. Warranties and maintenance. (1) A solar sales company shall provide a warranty against roof damage and water infiltration at each roofing penetration made during the installation of a residential solar electric system, which warranty must last for at least four years after the completion of the installation.

(2)  A solar sales company shall provide a warranty to address defects in the

workmanship of a residential solar electric system, which warranty must last for at least four years after the completion of the installation.

(3)  If a solar sales company provides a long-term maintenance plan for a

residential solar electric system or residential battery energy storage system, the plan must be made available in writing and verbally explained to the consumer. If a solar sales company does not provide a long-term maintenance plan, the solar sales company shall provide the consumer with a written explanation as to why a long-term maintenance plan is not being provided.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2433, � 2,

effective August 6.

C.R.S. § 6-1-1812

6-1-1812. Investor-owned utility disclosures and oversight of available customer incentives. (1) An investor-owned utility that serves more than five hundred thousand customers that offers financial incentives for residential solar electric systems or residential battery energy storage systems shall clearly and prominently provide the following information on the utility's website:

(a)  Information on the amount of financial incentives available for such

systems, including information about the amount of budget that has already been spent to date and information about when the budget was last updated;

(b)  Information about how a customer or contractor can apply for the

financial incentives; and

(c)  Information about the point in the process in which a customer may

secure financial incentives from a utility program.

Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2433, � 2,

effective August 6.

ARTICLE 2

Unfair Practices Act

C.R.S. § 7-56-210

7-56-210. Renewable energy cooperatives. (1) It is the policy of this state to encourage local ownership of renewable energy generation facilities to improve the financial stability of rural communities.

(2)  Subject to the provisions of this article, a renewable energy cooperative

may be organized for the purpose of promoting electric energy efficiency technologies to its members, generating electricity from renewable resources and technologies, and transmitting and selling the electricity at wholesale.

(3)  For purposes of this section, renewable resources or technologies

means biomass, geothermal energy, solar energy, small hydroelectricity, and wind energy. Hydrogen derived from biomass, geothermal energy, solar energy, small hydroelectricity, and wind energy is also considered to be renewable energy for the purposes of this article. Renewable resources or technologies does not include pumped storage facilities; hydroelectricity other than small hydroelectricity; coal, natural gas, oil, propane, or any other fossil fuel; or nuclear energy. Renewable resources or technologies also does not include hydrogen derived from pumped storage facilities; hydroelectricity other than small hydroelectricity; coal, natural gas, oil, propane, or any other fossil fuel; or nuclear energy.

Source: L. 2004: Entire section added, p. 1121, � 1, effective May 27.

PART 3

MEMBERS AND OWNERSHIP

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)