C.R.S. tit. 6, art. 7.7 — Standards for Construction Projects that Receive State Financial Assistance | Colorado Revised Statutes (2024 edition) — Colorado

C.R.S. § 6-7.7-101 Legislative declaration

6-7.7-101. Legislative declaration. (1) The general assembly finds that: (a) Appliances certified by the Energy Star program meet strict energy efficiency and performance guidelines set by the federal environmental protection agency and the United States department of energy and can save an estimated twenty to thirty percent more energy than appliances that are not certified by the Energy Star program; (b) New building construction projects that use taxpayer dollars to purchase equipment should ensure that the equipment has lower lifetime costs to operate and maintain; (c) Many projects that receive state financial assistance aim to assist vulnerable lower-income households, and installing appliances certified by the Energy Star program could lower the costs of the energy bills of these households over time; and (d) Saving energy is crucial in: (I) Avoiding the most serious effects of climate change and preserving Colorado's way of life, the health of communities, and the natural environment; (II) Achieving the statewide greenhouse gas emission reduction goals; and (III) Reducing costs for Coloradans. (2) The general assembly therefore determines and declares that it is in the public interest of the health and environment of the state to require that new building construction projects that receive state financial assistance use covered energy-consuming products that are certified by the Energy Star program.

C.R.S. § 6-7.7-102 Definitions

6-7.7-102. Definitions. As used in this article 7.7, unless the context otherwise requires: (1) "Covered energy-consuming product" means an appliance, device, or piece of equipment that is: (a) Powered by electricity or fuel; (b) Designed to perform one or more specific tasks inside a residential or commercial building, such as cooking, washing, drying, heating, cooling, providing domestic hot water, printing, or digital entertainment; and (c) Covered within the scope of the Energy Star program. (2) "Energy Star program" means the federal program authorized by 42 U.S.C. sec. 6294a, as amended. (3) "Social cost of carbon" means the social cost of carbon dioxide emissions developed by the public utilities commission pursuant to section 40-3.2-106. (4) "State financial assistance" means allocations from the general fund or other legislative allocations, state taxpayer funds, rebates, grants, or loans provided or administered by the state.

C.R.S. § 6-7.7-103 Energy-efficiency standards for certain building construction projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties

6-7.7-103. Energy-efficiency standards for certain building construction projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties. (1) On and after January 1, 2025, except as set forth in subsection (3) or (4) of this section, recipients of state financial assistance for new building construction projects that include the specification, provision, or purchase of covered energy-consuming products shall use covered energy-consuming products certified by the Energy Star program. (2) On and after January 1, 2025, a state agency that provides or administers state financial assistance for a new building construction project shall: (a) Include the requirements of subsection (1) of this section in the state agency's criteria or guidance for applying for or receiving state financial assistance for new building construction projects; (b) Request an attestation signed by a recipient of state financial assistance for new building construction projects that declares that: (I) The requirements of subsection (1) of this section have been or will be followed; or (II) The recipient of the state financial assistance is requesting a waiver pursuant to subsection (3) of this section; and (c) Respond to waiver requests received pursuant to subsection (3) of this section. (3) A state agency that provides or administers state financial assistance for new building construction projects may issue a standardized waiver from the requirements of subsection (1) of this section for a new building construction project if the recipient demonstrates, through evidence and attestation from a licensed professional engineer or design professional, that: (a) No covered energy-consuming product certified by the Energy Star program and that meets the functional requirements of the project is reasonably available to the applicant; or (b) Taking energy cost savings and the social cost of carbon into account, no covered energy-consuming product certified by the Energy Star program is cost-effective over the life of the product. (4) The following new building construction projects are exempt from the requirements of this section: (a) Projects that have passed the design phase before January 1, 2025, and would require significant redesign to include a covered energy-consuming product certified by the Energy Star program; and (b) Projects that have received a permit from a local government for the use of a covered energy-consuming product before January 1, 2025. (5) If the attorney general, by a preponderance of the evidence, believes that a person has violated or caused another person to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the assessment of a civil penalty of up to the total amount of state financial assistance received by the violator on or after January 1, 2025, which amount must be transmitted to the state treasurer, who shall credit the amount to the energy fund created in section 24-38.5-102.4 (1)(a)(I).